reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-2 - Board of Trustees › Section 742-2-01 - Board of trustee election rules

Current through all regulations passed and filed through July 1, 2024
(A) Conduct of trustee elections. Ohio police
			 and fire pension fund ("OP&F") shall conduct elections in accordance with
			 Chapter 742. of the Revised Code and this rule.
(B) Notice of election.
(1)
									For an election
			 of the OP&F firefighter or police officer member of the board of trustees,
			 a "notice of election" will be sent to each police or fire department in the
			 state of Ohio having members in OP&F, as the case may be, not later than
			 the first Monday in February of the year of the election.
(2)
									For any election
			 of the OP&F retirant member of the board of trustees, a "notice of
			 election" will be sent to each eligible retirant member through appropriate
			 means not later than the first Monday in February of the year of the
			 election.
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-3 - Retirement › Section 742-3-01 - Effective date of retirement

Current through all regulations passed and filed through July 1, 2024
Except as provided in section
				742.37 or division (D) of
				section 742.38 of the Revised Code and
				 rule742-3-05 of the
				Administrative Code, the effective date of any monthly
				 pension or benefit payable under
				division (C) of section
				742.37 or division (D) of
				section 742.38 of the Revised Code shall
				be the day following the final day for which compensation was last earned by
				virtue of working or using accrued leave to remain on active payroll status,
				unless the last day of compensation earned is on the thirtieth, which in that
				case, the effective date of retirement shall be the first day of the following
				month.
In no event shall there be overlapping salary and
				pension.
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-3 - Retirement › Section 742-3-04 - Disability benefit recipient's annual earnings statement

Current through all regulations passed and filed through July 1, 2024
(A)
								
								A disability benefit recipient shall file an
			 annual statement of earnings by September first of each year with the Ohio
			 police and fire pension fund ("OP & F"), unless the disability
			 committee medical advisor has certified that the disability benefit recipient's
			 disability is ongoing and the board waives the reqirement that a recipient file
			 an annul earnings statement. The statement must be on the form provided
			 by OP & F,
								
								and must be notarized. In addition, the
			 disability benefit recipient must also provide any supporting documentation
			 requested by OP & F.
(B) OP
			 & F shall send written notice to those recipients who have been granted
			 waivers by the board within sixty days of the board's approval.
(C) Once a disability benefit recipient has
			 been granted a waiver from the requirement to file annual earnings statement by
			 the board, the disability benefit recipient shall thereafter be relieved from
			 filing an annual earnings statement, unless otherwise notified in writing by OP
			 & F.
(D) For those earning
			 statements due on September 1, 1998, and every September first thereafter, the
			 refusal of the benefit recipient to comply with paragraph (A) of this rule
			 shall result in the suspension of disability benefits and any health care
			 stipend upon sixty days prior written notice to the disability benefit
			 recipient.
(1) If the disability benefit
			 recipient fails to file the past due annual earning statement(s) in proper form
			 with OP & F within the aforementioned sixty day notice period, OP & F
			 shall suspend the recipient's health care stipend, if any, effective on the
			 first day of the month immediately following the expiration of such notice
			 period.
(2) In the event the
			 disability benefit recipient files all of the past due earning statement(s) in
			 proper form with OP & F after the aforementioned sixty day notice period,
			 OP & F will reinstate the recipient's disability benefits and health care
			 stipend on the first day of the month immediately following OP & F's
			 receipt of all past due annual earnings statements in proper form.
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-3 - Retirement › Section 742-3-06 - Calculation of on-duty disability benefits on less than the requisite years of salary

Current through all regulations passed and filed through July 1, 2024
(A) This rule shall only apply to a member
			 who has been granted an on-duty disability and who has less than
			 the
			 requisite years of "salary," as set forth in
			 divisions (G) and (L) of section
			 742.01 of the Revised Code
			 and rule
			 742-3-02
			 of the Administrative Code, as of the effective date of retirement.
(B) For purposes of calculating the on-duty
			 disability benefit pursuant to section
			 742.39 of the Revised Code, the
			 member's "average annual salary" shall be based on the actual "salary" paid
			 during OP&F membership divided by the service credit applicable to the pay
			 periods covered, with the balance of the months being based on the average
			 "salary" over the reported time period calculated according to the
			 aforementioned formula.
Effective: 4/23/2015
Five Year
				Review (FYR) Dates: 02/04/2015 and
				04/23/2020
Promulgated
				Under: 111.15
Statutory Authority: 742.10
Rule Amplifies:
				742.01, 742.39
Prior Effective Dates: 01/03/77, 05/01/00,
				04/30/05
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-3 - Retirement › Section 742-3-07 - Optional plan of payment

Current through all regulations passed and filed through July 1, 2024
(A) The selection of an optional plan of
			 payment and nomination of a beneficiary must be on a form approved by the board
			 of trustees of OP& F. Prior to the "Effective Date" (as defined in
			 paragraph (J) of this rule), the selection of an optional plan of payment and
			 nomination of beneficiary may be revoked or changed. A member's selection of an
			 optional plan of payment and nomination of a beneficiary will be processed by
			 OP& F, subject to the limitations set forth in section
			 742.3711 of the Revised Code.
Upon the "Effective Date", the choice of a plan of payment and
				a beneficiary are irrevocable, subject to the limitations provided for in
				section 742.3711 of the Revised Code and
				may be changed only for the conditions stated in law.
(B) The selection of an optional plan of
			 payment and the nomination of a beneficiary become effective:
(1) In the case of a person filing an
			 application for retirement on the effective date of retirement provided that
			 the first adjusting or final regular benefit payment has been accepted, as
			 outlined in paragraph (D) of rule
			 742-3-08 of the
			 Administrative Code, and the retirant has not exercised his right with the
			 consent of the beneficiary to cancel the plan within one year of the effective
			 date of retirement as authorized under division (E) of section
			 742.3711 of the Revised Code;
(2) In the case of a plan
			 reselection following marriage or remarriage, on the date of receipt by OP& F of an application on a form
			 approved by the board.
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-3 - Retirement › Section 742-3-08 - Interim payments

Current through all regulations passed and filed through July 1, 2024
(A) "Interim payment" is defined as the
			 stream of monthly cash partial payments made to a member of Ohio police &
			 fire pension fund (OP & F) in order to expedite the initiation of a pension
			 or benefit to which the member is entitled while OP & F determines the
			 final pension or benefit amount to be paid the member.
(B) Any OP & F member who has met all the
			 qualifications for service or disability retirement under section
			 742.37 or
			 742.39 of the Revised Code,
			 respectively, who has filed all forms or documents necessary to process an
			 application for a pension or benefit, and who is not receiving a pension or
			 benefit from OP & F is eligible to receive an interim pension or benefit
			 payment described in paragraph (C) of this rule.
(C) Any OP & F member who meets the
			 requirements set forth in paragraph (B) of this rule shall be paid an interim
			 payment under the following conditions:
(1)
			 The receipt of an interim payment is as binding on the member as the receipt of
			 the regular payment of a pension or benefit. The retirement is permanent, and
			 cannot be cancelled, the effective date cannot be changed, or the type
			 reclassified, except that a member may elect receiving interim payments without
			 waiving the right to appeal a disability award, as provided for in rule
			 742-3-05 of the Administrative
			 Code.
(2) Ultimately, all interim
			 and adjusting payments will equal the full pension or benefit which a member is
			 entitled to receive from OP & F.
(3) The calculation of the interim payment
			 amount is based on the computation criteria or policy approved by OP & F's
			 board from time to time.
(4) The
			 member shall be deemed to consent to the recovery of any overpayment by
			 deduction from the member's monthly pension or benefit. The recovery shall be
			 accomplished in a period not to exceed the period over which the overpayment
			 occurred.
(5) The member shall be
			 informed that once the first interim payment is cash or
			 deposited, the member can no longer purchase or reinstate any service
			 credit.
(6) While a member is receiving interim
			 payments, OP & F shall not make any payments for cost of living
			 adjustments. Any cost of living allowances due the member shall be paid once
			 the member is converted to a final payment.
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-3 - Retirement › Section 742-3-09 - Subsequent public employment of individuals retired under one of the Ohio public retirement systems

Current through all regulations passed and filed through July 1, 2024
(A) The requirement under section
			 742.26 of the Revised Code that
			 benefits be forfeited if employment occurs under another Ohio public retirement
			 system shall apply only to retirants from the Ohio police and fire pension fund
			 ("OP& F") with effective benefit dates on or after August 30,
			 1991.
(B) For the purposes of
			 section 742.26 of the Revised Code, the
			 effective retirement benefit date for an individual granted "deferred"
			 retirement under Chapter 742. of the Revised Code shall be the date upon which
			 the retirement allowance commences.
(C) Individuals who are receiving benefits
			 under OP& F will forfeit benefits for any month in which employment under
			 another Ohio public retirement system occurs before the lapse of sixty days
			 from the effective retirement benefit date (the "forfeiture period").
			 Forfeiture will not occur if the individual was employed in any position under
			 another Ohio public retirement system on the effective retirement benefit date
			 and had been continuously employed for sixty days before the effective
			 retirement benefit date.
For purposes of determining whether a member has been
				continuously employed, OP& F shall consider a member to be "continuously
				employed" if one of the following criteria is met:
(1) OP& F receives documentation that
			 shows that the member received regular earnings during the forfeiture period
			 from an employer who is a contributing employer with another Ohio retirement
			 system; or
(2) If there is a break
			 in regular earnings during the forfeiture period, OP& F receives
			 documentation that evidences the continuation of the member's employment
			 relationship in the form of a contract that governs the forfeiture period and
			 includes the member's job description or the member's employer provides a
			 certification to OP& F that confirms the existence of a long term and
			 continuous relationship, which included the forfeiture period.
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-3 - Retirement › Section 742-3-10 - Annual medical examinations, termination of benefits and appeal of terminations

Current through all regulations passed and filed through July 1, 2024
(A) Waiver of annual medical examination
			 requirement
(1) For those members who are
			 subject to the terms of division (C)(2)(a) of section
			 742.40
			 of the Revised Code (i.e., a disability benefit recipient who has been a member
			 of Ohio police and fire pension fund ("OP & F") for less than twenty-five
			 years and has not attained age forty-eight, such disability benefit recipient
			 shall submit to an annual medical examination by 
									a physician designated by
			 OP & F, unless the 
									disability committee medical advisor certifies
			 that a disability benefit recipient's disability is ongoing and the board
			 waives the requirement that the disability benefit recipient undergo an annual
			 medical examination.
(2) If the
			 requirement that a disability benefit recipient undergo an annual medical
			 examination  is
			 waived, the recipient shall thereafter be relieved from submitting to an annual
			 medical examination until otherwise notified in writing by OP & F. However,
			 any waiver granted shall not waive any rights the board may have to request a
			 medical examination in accordance with the terms of division (C)(2)(b) of
			 section
			 742.40
			 of the Revised Code.
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-3 - Retirement › Section 742-3-11 - Decision deadlines/non-COLA benefit

Current through all regulations passed and filed through July 1, 2024
(A) A member of the fund who is eligible to
			 make the election under division (D) of section
			 742.3716 of the Revised Code
			 shall be given notice of such choice. If a member of the fund who is eligible
			 to make such election fails to make a decision within sixty days of being
			 notified of the exact pension or benefit amount payable, then such member shall
			 be deemed conclusively not to have exercised the election under division
			 (D) of
			 section 742.3716 of the Revised Code and
			 the pension or benefit shall be paid accordingly.
(B) Notwithstanding rule
			 742-3-07
			 of the Administrative Code, a member of the fund who has been notified in
			 writing of the actuarial equivalent of the member's retirement allowance shall
			 have sixty days to return to the fund completed annuity agreement forms or to
			 request a modified payment plan. If the member fails to file completed annuity
			 agreement forms or a written request for a modified payment plan within the
			 aforesaid sixty day period, then such member shall be deemed conclusively to
			 have consented to the optional plan selected.
(C) A member of the fund is deemed to consent
			 to the deduction of unpaid employee contributions required under section
			 742.31 of the Revised Code from
			 any pension or benefit payable under section
			 742.37 or
			 742.39 of the Revised
			 Code.
Five Year Review (FYR) Dates:
				1/5/2018 and
				01/05/2023
Promulgated
				Under: 111.15
Statutory
				Authority: 742.10
Rule
				Amplifies: 742.3716,
				742.31
Prior
				Effective Dates: 12/19/1997 (Emer.), 03/31/1998, 07/31/2003, 01/07/2013
				(Emer.), 02/04/2013
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-3 - Retirement › Section 742-3-12 - Definition of incapacitated and reliance on affidavit

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of
			 division (B) of section
			 742.38 of the Revised Code, a
			 member shall be deemed to be incapacitated if Ohio police and fire pension fund
			 ("OP&F") receives an affidavit from the person acting on the member's
			 behalf for purposes of filing a disability benefit application with OP&F
			 and such person affirms, under oath, that the member is mentally or physically
			 impaired as a result of a mental or physical illness or condition of disability
			 with respect to which the attending physician finds that there is no present
			 indication of recovery and such affidavit is properly notarized.
(B)
								In processing the
			 disability application of a member who is incapacitated, OP&F is authorized
			 to rely on the facts stated in the affidavit filed in accordance with paragraph
			 (A) of this rule. All fraudulent applications will entitle OP&F and the
			 applicable member to any and all remedies provided by law.
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-3 - Retirement › Section 742-3-15 - Procedures for claims asserted under division (J) of section 742.21 of the Revised Code

Current through all regulations passed and filed through July 1, 2024
(A)
								If a member makes a
			 claim with the Ohio police and fire pension fund ("OP& F")
			 pursuant
			 to division (J) of section
			 742.21 of the Revised Code, the
			 procedures set forth in this rule shall apply.
(B) In computing a pension or benefit under
			 section 742.37 or
			 742.39 of the Revised Code,
			 OP& F's board of trustees shall give the member full credit for service
			 credit purchased or transferred under section
			 742.21 of the Revised Code for
			 service that was less than full-time service if the member files a claim
			 
								with
			 OP& F , and
								
								the board
			 determines that clear and convincing documentary evidence exists to support the
			 finding that all of the following criteria have been met:
(1) The OP& F member is not receiving a
			 pension or disability benefit from OP& F;
(2) Prior to the member changing or ceasing
			 his/her employment, the member received written notice from OP& F
			 indicating that the member would be permitted to purchase or transfer service
			 credit for service that was less than full-time without any limitation or
			 qualification;
(3) Based upon the
			 written notification referenced in paragraph (B)(2) of this rule, the member
			 changed or ceased the member's employment, which by virtue of such job
			 assignment made such person an OP& F member; and
(4) The member's reliance on OP& F's
			 written notice of the transfer of such service credit resulted in actual damage
			 to the member, including, but not limited to the member's ineligibility for
			 retirement benefits.
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-3 - Retirement › Section 742-3-16 - Survivor benefits

Current through all regulations passed and filed through July 1, 2024
(A)
			 "Interim Survivor Benefit Payment" is defined as the interim monthly survivor
			 benefit initially paid by Ohio police and fire pension fund ("OP&F") to a
			 surviving spouse of a member in the amount described in division (D) of section
			 742.37 of the Revised Code until
			 OP&F receives 
								a properly completed survivor pension application
			 provided by OP&F and the required documents
			 referenced therein, subject to the terms and conditions set forth in this rule.
(B) Upon
			 receipt of OP&F's notice of the death of a member, the following will
			 occur:
(1) OP&F will process the interim
			 survivor benefit payment due the surviving spouse, which shall be paid to the
			 member's surviving spouse for a period not to exceed ninety days (the "Interim
			 Period");
(2) OP&F will send
			 the surviving spouse an application to the most recent address referenced in
			 the member's record or the address provided to OP&F.
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-3 - Retirement › Section 742-3-17 - Withdrawal of application for service retirement or disability benefits

Current through all regulations passed and filed through July 1, 2024
(A) For a member of
			 Ohio police and fire pension fund ("OP& F") who wishes to withdraw an
			 application for service retirement or disability benefits, the provisions of
			 paragraph 
								(B) or (C) of this rule shall govern, depending on
			 which paragraph applies to the particular situation. For pending disability
			 benefit applications, the withdrawal of the application is also governed by
			 paragraph (C)(6) of rule
			 742-3-05
			 of the Administrative Code.
(B) In
			 cases where OP& F has not issued a warrant for the payment of the benefit
			 or made a payment of the benefit through direct deposit, the member can
			 withdraw the application for service retirement or disability benefits by
			 filing a written statement authorizing OP& F to withdraw the
			 application.
(C) In cases where
			 OP& F has already issued a warrant for the payment of the benefit, whether
			 on an interim or final payment basis, whichever is the first to occur, the
			 member shall return the first warrant and any subsequent warrants uncashed to
			 OP& F. For benefit payments made through direct deposit, OP& F must be
			 able to reverse the electronic funds transfer from the member's financial
			 institution. The member shall also file with OP& F a written statement
			 authorizing OP& F to withdraw the application for benefits and revoke any
			 direct deposit authorization. The member's written statement, uncashed
			 warrants, and return of payments made through direct deposit shall be received
			 by OP& F no later than thirty days after the date on which the first
			 warrant was sent to the member or deposited into the member's account by
			 OP& F.
(D) For a member of
			 OP& F who fails to withdraw the application for service retirement or
			 disability benefits in accordance with paragraph (B) or (C) of this rule, such
			 person will be deemed to have accepted the benefit and no withdrawal will be
			 permitted. In the case of disability benefit recipients, they will be
			 prohibited from applying for any new, changed, or different benefit, except as
			 expressly provided for in division (D) (5) of section
			 742.38
			 of the Revised Code.
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-3 - Retirement › Section 742-3-18 - Definition of "total dependency"

Current through all regulations passed and filed through July 1, 2024
For purposes of paying benefits to a surviving child of a
				member who is "totally dependent" upon the member for support at the time of
				the death under division (E) of section
				742.37
				of the Revised Code, the child must meet one of the following criteria:
(A) The child has a mentally or physically
			 disabling condition and was claimed as an exemption for federal income tax
			 return purposes for the year preceding the member's death;
(B) The child is determined disabled by a
			 court of competent jurisdiction;
(C) The child attends an adult workshop or
			 mental retardation and developmental disabilities (MRDD) school; or
(D) The child has a mental or physical
			 disability and is incapable of earning at least sixteen thousand dollars
			 annually, as determined by 
								the disability committee medical
			 advisor and the disability committee vocational expert.
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-3 - Retirement › Section 742-3-19 - Pre-1967 survivor benefits

Current through all regulations passed and filed through July 1, 2024
(A) The board of trustees of Ohio police and
			 fire pension fund ("OP&F") shall consider the following as evidence
			 acceptable to the board for purposes of determining the eligibility of a
			 surviving spouse for the benefits provided for in division (D)(4) of section
			 742.37 of the Revised Code:
(1) The certification provided for in
			 OP&F's application for surviving spouse's pension under division (D)(4) of
			 section 742.37 of the Revised Code or a
			 substantially similar certification, which will be determined by OP&F in
			 its sole and absolute discretion (the "application"); and
(2) For applications for benefits filed with
			 OP&F under division (D)(4) of section
			 742.37 of the Revised Code from
			 and after April 1, 2002, public documentation provided by the applicant,
			 including an affidavit signed by an independent third party and notarized
			 before a notary public that identifies or, in the case of the affidavit,
			 certifies that the decedent identified in the surviving spouse's application
			 was a former member of or contributor to a fund established under former
			 Chapter 521. or 741. of the Revised Code (the "local fund member");
			 and
(3) A copy of the marriage
			 certificate that documents the marriage of the surviving spouse to the local
			 fund member.
Notwithstanding the foregoing, OP&F will also require the
				applicant to provide such other documents required for the application of
				statutory survivor benefits under division (D) of section
				742.37 of the Revised
				Code.
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-3 - Retirement › Section 742-3-21 - Forfeiture and termination of disability benefits

Current through all regulations passed and filed through July 1, 2024
In the event of any forfeiture and termination of disability
				benefits in accordance with division (C) or (D) of section
				742.40 of the Revised Code, Ohio
				police and fire pension fund (OP& F) shall convert the person's disability
				benefits to a service retirement pension if the person meets the age and
				service eligibility requirements under division (C)(1), (C) (2),
				 (C)(3), or
				(C)(4) of section
				742.37 of the Revised Code, upon
				the person filing an application for service pension with OP& F. The
				effective date of the service pension shall be the day immediately following
				the effective date of the person's termination and forfeiture of disability
				benefits for purposes of benefits paid under division (C)(1),
								 (C) (3), or (C)(4) of section
				742.37 of the Revised Code or
				the day on which the person meets the eligibility requirements under division
				(C)(2) of section 742.37 of the Revised
				Code.
For purposes of determining if the person meets the age and
				service eligibility requirements under division (C)(1), (C)(2), (C)(3), or
				(C)(4) of section 742.37 of the Revised Code,
				OP& F shall only include contributing and purchased service credit. OP&
				F shall notify the person of any available service credit that may be purchased
				in order to meet the eligibility requirements. Such notice shall provide that
				the eligible service credit must be purchased within ninety days of the date of
				the notice and if this person does not complete the purchase with OP& F
				within such time period, the purchase will not be permitted.
If the person does not meet or will not meet the age and
				service eligibility requirements under division (C)(1), (C)(2), (C)(3), or
				(C)(4) of section 742.37 of the Revised Code, the
				person will be entitled to a refund of the person's contributions consistent
				with the provisions of division (G) of section
				742.37 of the Revised
				Code.
Effective: 3/22/2018
Five Year Review
				(FYR) Dates: 1/5/2018 and
				01/05/2023
Promulgated
				Under: 111.15
Statutory
				Authority: 742.10
Rule
				Amplifies: 742.40
Prior
				Effective Dates: 05/17/2004, 01/20/2005, 03/01/2007 (Emer.), 05/17/2007,
				02/04/2013
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-3 - Retirement › Section 742-3-22 - Designation of a trust as beneficiary for certain lump sum payments

Current through all regulations passed and filed through July 1, 2024
A member may designate a trust as "beneficiary" for purposes of
				any lump sum payments due under section
				742.446 of the Revised Code
				(i.e., deferred retirement option plan) and section
				742.58 of the Revised Code
				(i.e., lump sum death benefit). When submitting the beneficiary designation
				forms provided by OP&F, a member who designates a trust as beneficiary
				shall submit either a copy of a certificate of trust or copies of the first
				page and signature page of the trust instrument . The member shall also submit
				any other documentation requested by OP&F for the distribution of such
				funds. This rule will not supercede any statutory provisions governing the
				distribution of funds that may become due and payable under the aforementioned
				statutes.
Effective: 1/30/2017
Five Year Review
				(FYR) Dates: 11/15/2016 and
				01/20/2022
Promulgated
				Under: 111.15
Statutory
				Authority: 742.10
Rule
				Amplifies: 742.446,
				742.58
Prior
				Effective Dates: 2/16/2006, 9/28/2006,
				12/26/2011
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-3 - Retirement › Section 742-3-23 - Spousal consent/designation of multiple beneficiaries

Current through all regulations passed and filed through July 1, 2024
(A) As provided in
			 division (D)(1) of section
			 742.3711 of the Revised Code,
			 spousal consent to a member's plan of payment shall not be required if the
			 member is required to elect a plan of payment pursuant to a court order issued
			 under section 3105.171 or
			 3105.65 of the Revised Code or
			 the laws of another state regarding the division of marital property.
(B) A member's current spouse must
			 consent to the election of a plan of payment described in division (A)(4) of
			 section 742.3711 of the Revised Code if
			 either of the following applies:
(1) The
			 member selects a plan of payment described in division (A)(4) of section
			 742.3711 of the Revised Code,
			 but Ohio police and fire pension fund's records reflect that the member is not
			 subject to a court order issued under section
			 3105.171 or
			 3105.65 of the Revised Code or
			 the laws of another state regarding the division of marital property that
			 requires the member to make such an election;
(2) The member is ordered to designate the
			 former spouse as a beneficiary of a specified portion of the benefit, but also
			 designates a beneficiary or beneficiaries other than the current spouse under
			 that plan of payment.
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-3 - Retirement › Section 742-3-24 - Specified amount of court order

Current through all regulations passed and filed through July 1, 2024
The specified amount that a member is required to elect
				pursuant to a court order,  described in
				division (D)(1)(c) of section
				742.3711 of the Revised Code,
				shall be expressed only as a percentage of the allowance that continues after
				the member's death. In the event that it is expressed as a dollar amount, Ohio
				police and fire pension fund shall convert the amount to a percentage
				
								that will continue at least
				that amount to the former spouse as a survivor annuity upon the member's
				death.
Effective: 1/30/2017
Five Year Review
				(FYR) Dates: 11/15/2016 and
				01/20/2022
Promulgated
				Under: 111.15
Statutory
				Authority: 742.10
Rule
				Amplifies: 742.3711
Prior
				Effective Dates: 10/20/2006
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-3 - Retirement › Section 742-3-25 - Waiver of designation of former spouse as beneficiary under a court order

Current through all regulations passed and filed through July 1, 2024
In cases where a member is required to elect a
				
								joint and survivor annuity at the time of retirement
				and designate a former spouse as a beneficiary) pursuant to a court order
				issued under section 3105.171 or
				3105.65 of the Revised Code or
				the laws of another state regarding the division of marital property, but the
				former spouse wishes to waive the former spouse's interest in the member's
				annuity plan, the member or former spouse shall submit
				a
				court order to OP&F that specifically 
								cancels the joint and survivor annuity and the former
				spouse's right to be designated as beneficiary.
Effective: 1/30/2017
Five Year Review
				(FYR) Dates: 11/15/2016 and
				01/20/2022
Promulgated
				Under: 111.15
Statutory
				Authority: 742.10
Rule
				Amplifies: 742.3711
Prior
				Effective Dates: 10/20/2006
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-3 - Retirement › Section 742-3-27 - Reselection of beneficiary upon remarriage

Current through all regulations passed and filed through July 1, 2024
A member who remarries and desires to select a new spouse upon
				a remarriage may only do so if the member makes such selection within the
				statutory deadline and, in cases where the member has already selected
				beneficiaries under division (A)(4) of section
				742.3711 of the Revised Code,
				the following shall apply:
(A) Less
			 than four beneficiaries - In cases where there are less than four beneficiaries
			 named under an annuity plan of payment, the member has the right to reselect a
			 plan of payment by the stated deadline in order to name the new spouse as a
			 beneficiary provided that the amount that would be due and payable to a former
			 spouse designated as a beneficiary is not reduced in cases where this
			 designation is made in furtherance of an existing court order.
(B) Four beneficiaries/voluntary designations
			 - In cases where four beneficiaries are already named under a multiple
			 beneficiary annuity plan of payment, but some beneficiaries have been
			 voluntarily designated by the member who is not under an existing court order
			 to do so, the member may cancel an existing beneficiary designation that is
			 voluntary in order to name the new spouse as beneficiary. Any designations
			 required under division (A)(4) of section
			 742.3711 of the Revised Code,
			 however, may not be cancelled without a proper waiver or termination of such
			 designation is received by OP&F . In any event, any amounts due and
			 payable to a former spouse designated as a beneficiary will also not be reduced
			 in cases where this designation is made in furtherance of an existing court
			 order.
(C) Four beneficiaries/court
			 ordered designations - In cases where four beneficiaries are already named
			 under a multiple beneficiary annuity plan of payment due to existing court
			 orders, which requires the member to make such designation, the member will be
			 permitted to designate a new spouse on remarriage within the statutory deadline
			 only if a proper waiver or termination of such designation is received by
			 OP&F. Otherwise, no new designation can be made. In cases where a waiver or
			 termination is received, any amounts due and payable to a former spouse will
			 not be reduced.
Effective: 1/30/2017
Five Year Review
				(FYR) Dates: 11/15/2016 and
				01/20/2022
Promulgated
				Under: 111.15
Statutory
				Authority: 742.10
Rule
				Amplifies: 742.3711
Prior
				Effective Dates: 10/23/06(Emer),
				01/07/2007
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-3 - Retirement › Section 742-3-28 - Plan of payment selection for DROP participants

Current through all regulations passed and filed through July 1, 2024
In cases where a member designates a beneficiary upon the
				person's election to participate in DROP and the member is required to elect a
				joint and survivor annuity pursuant to a court order
				, the member shall have the right to designate a former spouse
				as an additional beneficiary under division (A)(4) of section
				742.3711 of the Revised Code in
				such cases without a corresponding reduction in DROP benefits. In all other
				cases, the member will not be permitted to make additional selections of
				beneficiaries upon the person's retirement.
Effective: 1/30/2017
Five Year Review
				(FYR) Dates: 11/15/2016 and
				01/20/2022
Promulgated
				Under: 111.15
Statutory
				Authority: 742.10
Rule
				Amplifies: 742.3711
Prior
				Effective Dates: 10/23/06(Emer),
				01/07/2007
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-3 - Retirement › Section 742-3-29 - Mandatory direct deposit

Current through all regulations passed and filed through July 1, 2024
(A)
								As used in this
			 rule, "alternate payee" shall be as defined by section
			 3105.80 of the Revised
			 Code.
(B)
								Except as provided in paragraph (C) of this rule,
			 effective August 1, 2017, an individual who receives an annuity, pension,
			 allowance, monthly benefit, or monthly payment from the Ohio police and fire
			 pension fund ("OP&F") shall be paid by direct deposit, which is an
			 electronic fund transfer directly to an individual's account at a financial
			 institution. Retirants, benefit recipients, and alternate payees shall provide
			 to the retirement system valid direct deposit account and routing numbers, the
			 name and contact information of the financial institution, and other such
			 information as may be required by OP&F. OP&F may withhold payment until
			 the individual provides the information described in this
			 paragraph.
(C)
								If a retirant, benefit recipient, or alternate payee
			 resides outside the United States, in a nursing or convalescent home,
			 correctional facility, jail, or prison, or similar situation such that
			 compliance with paragraph (B) of this rule is impracticable, the individual may
			 submit a written request for exemption from direct deposit and OP&F staff
			 shall approve or deny the request.
Replaces: 742-3-29
Effective: 5/22/2017
Five Year
				Review (FYR) Dates: 05/22/2022
Promulgated Under:
				111.15
Statutory
				Authority: 742.10
Rule
				Amplifies: 742.37,
				742.39
Prior
				Effective Dates: 09/22/2008
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-3 - Retirement › Section 742-3-30 - Agents standard of conduct

Current through all regulations passed and filed through July 1, 2024
(A) All attorneys, agents and representatives
			 of an OP& F member shall abide by the following standards of conduct while
			 representing the member in any dealings with OP& F:
(1) Provide competent representation to a
			 member, which requires the knowledge, skill, thoroughness and preparation
			 reasonably necessary for the representation. This also includes being, or
			 becoming, familiar with OP& F's governing statutes, administrative rules
			 and procedures;
(2) Abide by
			 OP& F's governing provisions and procedures at all times;
(3) Conduct his or her dealings in an ethical
			 manner that furthers the efficient, fair and orderly conduct of the
			 administrative decision-making process. This includes acting with reasonable
			 diligence and promptness in representing a member and providing prompt and
			 responsive answers to requests from OP& F for any relevant information or
			 documentation;
(4) Be forthright
			 in his or her dealings with OP& F and with the member; and
(5) Otherwise act in a manner that is
			 consistent with OP& F's core values, which includes acting with prudence,
			 integrity and empathy.
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-4 - Deferred Retirement Option Plans › Section 742-4-01 - General DROP definitions

Current through all regulations passed and filed through July 1, 2024
Capitalized terms used in rules
				742-4-01
				to
				742-4-19
				of the Administrative Code shall have the following meaning:
(A) "Average Annual Salary" is defined in
			 division (G) of section
			 742.01 of the Revised
			 Code.
(B) A "DROP Participant"
			 shall mean an eligible member who files the election (as hereinafter defined)
			 with OP&F and the election has been fully completed and properly completed
			 by the member.
(C) "OP&F" shall
			 mean the Ohio police and fire pension fund
			 created under Chapter 742. of the Revised Code.
(D) "DROP Benefit" shall mean the benefit
			 calculated for a DROP participant in accordance with the provisions of section
			 742.442 of the Revised Code and
			 rule
			 742-4-06
			 of the Administrative Code, but subject to the provisions of division (C) of
			 section 
									742.444
								 and section
			 742.445 of the Revised
			 Code.
(E) "Effective Date" is
			 defined in rule 742-4-03 of the Administrative Code.
(F) "Election" shall mean the election form
			 that OP&F requires in order for a member to participate in DROP, as such
			 form may be amended or modified from time to time by OP&F. For those
			 elections that have been filed with OP&F, it shall also mean the fully and
			 properly completed required election that is signed by the member.
(G) "Employer's First Payroll Reporting
			 Period" shall mean the first day of the employer's first payroll reporting
			 period reported to OP&F under section
			 742.32 of the Revised Code that
			 immediately follows the DROP participant's effective date, as determined by
			 OP&F according to its books and records.
(H) "Family Medical Leave Act" is defined in
			 rule 742-4-12 of the Administrative Code.
(I) "Member" shall have the meaning set forth
			 in division (E) of section
			 742.01 of the Revised Code, as
			 more fully explained in divisions (A)(2) and (B)(2) of section
			 742.01 of the Revised Code
			 .
(J) "Retirement Allowance" is defined in
			 division (I) of section
			 742.01 of the Revised Code, as
			 more fully described in rule 742-4-17 of the Administrative Code.
Five Year Review (FYR) Dates:
				2/8/2019 and
				02/08/2024
Promulgated
				Under: 111.15
Statutory
				Authority: 742.10,
				742.43
Rule
				Amplifies: 742.43
Prior
				Effective Dates: 12/31/2002 (Emer.), 04/06/2003, 10/06/2003,
				01/16/2014
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-4 - Deferred Retirement Option Plans › Section 742-4-02 - Implementation date of deferred retirement option plan

Current through all regulations passed and filed through July 1, 2024
As provided for in section
				742.43 of the Revised Code, the
				date of the initial implementation of the deferred retirement option plan
				(DROP) shall be January 2, 2003.
Five Year Review (FYR) Dates:
				5/31/2018 and
				05/31/2023
Promulgated
				Under: 111.15
Statutory
				Authority: 742.10,
				742.43
Rule
				Amplifies: 742.43
Prior
				Effective Dates: 12/31/2002 (Emer.),
				04/06/2003
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-4 - Deferred Retirement Option Plans › Section 742-4-03 - Effective date of DROP election

Current through all regulations passed and filed through July 1, 2024
(A) Unless the member has properly rescinded
			 his/her DROP election or the terms of paragraph (B) of this rule apply, the
			 "Effective Date" of an eligible member's election to participate in DROP shall
			 be the later of:
(1) The first day of the
			 employer's first payroll reporting period that immediately follows OP&F's
			 receipt of the election, but if the payroll reporting period end date falls on
			 the thirtieth day of the month, the first day of the employer's first payroll
			 reporting period shall be the first day of the next month;
			 or
(2)
									 The date on which
			 the member is eligible to participate in DROP, as determined by OP&F based
			 on its books and records.
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-4 - Deferred Retirement Option Plans › Section 742-4-04 - Rescission of DROP election

Current through all regulations passed and filed through July 1, 2024
(A) Capitalized terms used in this rule shall
			 have the meaning assigned to them in rule
			 742-4-01
			 of the Administrative Code .
(B) A DROP participant may rescind his/her
			 election to participate in DROP only upon the occurrence of either of the
			 following events:
(1) OP&F receives a
			 written authorization/notice from the DROP participant that directs OP&F to
			 rescind such election and this written authorization/notice is received by
			 OP&F within thirty (30) days after OP&F received the DROP participant's
			 election, as determined by OP&F based upon its books and records.
(2) In the event there is at least a ten
			 percent difference between the last OP&F "estimate" of the DROP benefit
			 amount prior to the person filing his/her election and the actual DROP benefit
			 determined by OP&F (i.e. the pension benefit determined in accordance with
			 section 742.442 of the Revised Code),
			 OP&F receives a written authorization/notice from the DROP participant that
			 directs OP&F to rescind such election and this written authorization/notice
			 is received by OP&F within thirty days of OP&F's certified mailing that
			 notifies the member of the difference between the OP&F "estimate" and
			 actual DROP benefit and the DROP participant's right to rescind his/her
			 election to participate in DROP. Notwithstanding the foregoing, the right to
			 rescind provided for in this subsection shall not apply to estimates done
			 through the calculator on OP&F's website, whether done by OP&F staff or
			 the member.
(3) Unless the notice
			 of rescission is not valid in accordance with the terms of this rule (in which
			 case it will not be effective), all notice of rescissions are irrevocable once
			 received by OP&F so the DROP participant shall have no opportunity to
			 change his/her decision to rescind his/her participation in DROP.
(4) In no event shall OP&F process any
			 rescission under paragraph (B)(2) of this rule if it is subject to any terms
			 and conditions.
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-4 - Deferred Retirement Option Plans › Section 742-4-05 - Purchase of service credit

Current through all regulations passed and filed through July 1, 2024
(A) Except for the purchase of service credit
			 done through an irrevocable payroll deduction agreement, which shall be
			 governed by the provisions of rule 742-4-14 of
			 the Administrative Code, OP&F shall offer the member the right to purchase
			 the service credit prior to his/her entry into DROP. In the event the member is
			 given the right to purchase the service credit by OP&F and fails to
			 purchase the service credit prior to his/her effective date, OP&F shall
			 calculate the monthly benefit under section
			 742.442 of the Revised Code
			 based on the member's service credit and "salary" as of the effective
			 date.
(B) In the event the member
			 is given the right to purchase the service credit by OP&F and fails to
			 purchase the service credit prior to his/her  effective date, the member shall be deemed to
			 waive his/her right to purchase service credit.
(C) For purposes of section
			 742.21 of the Revised Code, the
			 requirement that a member "is not receiving a pension or benefit payment" shall
			 not include DROP participants, unless the DROP participant:
(1) Rescinds his/her election in accordance
			 with the terms of rule 742-4-04 of the Administrative Code;
(2) Ceases participation in DROP in
			 accordance with section
			 742.445 of the Revised Code,
			 or
(3) Fails to terminate active
			 service in the police or fire department at the end of the eight-year period
			 that begins on the effective date, as such period is calculated in accordance
			 with the terms of rule
			 742-4-10
			 of the Administrative Code.