reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-4 - Deferred Retirement Option Plans › Section 742-4-06 - Calculation of DROP benefit

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of calculating the DROP
			 benefit, OP&F shall determine the monthly pension amount that would have
			 been payable to the DROP participant had the member elected to receive normal
			 service retirement benefits under division (C)(1) of section
			 742.37 of the Revised Code,
			 according to the requirements set forth in divisions (G), (K) and (L) of
			 section 742.01 of the Revised Code, rule
			 742-3-02
			 of the Administrative Code and this rule.
(B) For purposes of paragraphs (C)(1)(b),
			 (C)(1)(c), and (C)(1)(d) of rule
			 742-3-02
			 of the Administrative Code, OP&F shall determine the holidays, longevity,
			 stress pay and similar special payments to be used in the calculation of
			 average annual salary, based on the following: (1) holidays, longevity, hazard,
			 stress pay and similar special payments paid to the DROP participant during the
			 calculation period; or (2) if a portion of the holidays, longevity, hazard,
			 stress pay and similar special payments are disallowed due to such "salary"
			 being outside of the beginning calculation period, but the holidays, longevity,
			 stress pay, or similar special payments are earned at the end of the
			 calculation period, but not paid, OP&F shall include such amounts with the
			 calculation based on the amount paid to the DROP participant and reported by
			 the DROP participant's employer to OP&F for the immediate preceding period
			 for the same type of holidays, longevity, stress pay, or similar special
			 payments, as the case may be.
(C)
			 Capitalized terms used in this rule shall have the meaning assigned to them in
			 rule
			 742-4-01
			 of the Administrative Code .
Effective: 8/17/2018
Five Year Review
				(FYR) Dates: 5/31/2018 and
				05/31/2023
Promulgated
				Under: 111.15
Statutory
				Authority: 742.43,
				742.10
Rule
				Amplifies: 742.442
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 742-4-07 - Accrual of member's contributions

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of accruing a DROP
			 participant's contributions in accordance with the provisions of division
			 (B)(1)(a), (B)(1)(b), (B)(2)(a), or (B)(2)(b) of section
			 742.443 of the Revised Code, the
			 term "thereafter" shall mean the end of the payroll reporting period reported
			 to OP& F in accordance with applicable statutory provisions prior to the
			 anniversary date referenced in each subsection, as more fully illustrated in
			 the following examples.
For example, if the member files his/her election with OP&
				F on January 3, 2003, but the end of the next payroll period reported to
				OP& F is January 23, 2003, the effective date of the DROP election is
				January 24, 2003, as provided for in this rule, even though this payroll will
				be included in the February payroll that is reported to OP& F in March
				2003. In such case, beginning with the January 2005 payroll reported to OP&
				F, seventy-five per cent of the DROP participant's contributions would accrue
				to the DROP participant's benefit until the next change in contributions under
				section 742.443 of the Revised Code.
				Using this same example, if the last full payroll reporting period for 2005
				falls on January 20, 2005, then beginning with the January 21, 2006 payroll
				period reported to OP& F, one hundred per cent of the DROP participant's
				contributions would accrue to his/her benefit. For members whose election to
				participate in DROP is effective after July 1, 2013, the percentage rates for
				the accrual of contributions shall be the following, which are set forth in
				division (B)(2) of section
				742.443 of the Revised Code:
				fifty per cent for years one through three; seventy-five per cent for years
				four through six; and one hundred per cent for years seven and eight.
(B) Capitalized terms used in this
			 rule shall have the meaning assigned to them in rule
			 742-4-01
			 of the Administrative 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,
				742.43
Rule
				Amplifies: 742.443
Prior
				Effective Dates: 12/31/2002 (Emer.), 04/06/2003,
				02/04/2013
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-4 - Deferred Retirement Option Plans › Section 742-4-08 - COLA effective dates for DROP participants

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of determining the effective
			 date of a cost-of-living allowance ("COLA") set forth in section
			 742.3716 of the Revised Code for
			 DROP participant, the following shall apply:
(1) A member whose election to participate in
			 DROP is effective on or before July 1, 2013 and who is fifty-five years of age
			 and already receiving a COLA will continue to receive it at three per cent per
			 annum.
(2) A member whose election
			 to participate in DROP is effective on or before July 1, 2013 and who is not
			 yet receiving a COLA as of July 1, 2013 will not receive a COLA until he or she
			 is fifty-five years of age and has participated in the plan for one year. The
			 payment of a COLA will commence on the member's DROP effective date after the
			 member has attained the age of fifty-five and a prorated COLA will be paid for
			 the period from the member's fifty-fifth birthday to the member's DROP
			 effective date. The member's DROP effective date will remain the effective date
			 for all future annual COLAs.
(3)
			 For a member whose election to participate in DROP is effective on or before
			 July 1, 2013 and who has been receiving an annual COLA but is not yet
			 fifty-five years of age by July 1, 2013, the payment of additional COLAs shall
			 be discontinued until the member has attained the age of fifty-five. The
			 payment of COLAs will resume on the member's fifty-fifth birthday and a prorated COLA will be paid
			 for the period from the member's fifty-fifth birthday to the member's DROP
			 effective date. The member's DROP effective date will remain the effective date
			 for all future annual COLAs.
(4)
			 For a member whose election to participate in DROP is effective after July 1,
			 2013, no COLAs shall be added to the member's DROP accrual while the member is
			 participating in DROP pursuant to section
			 742.3716 of the Revised
			 Code.
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-4 - Deferred Retirement Option Plans › Section 742-4-09 - Calculation of interest

Current through all regulations passed and filed through July 1, 2024
(A) Effective the first business day of the
			 second quarter of 2012, interest shall be calculated quarterly at an adjusted
			 rate based on the "10-Year U.S. Treasury Note Business Day Series," as
			 published by the board of governors of the federal reserve. In no event,
			 however, shall the rate of interest exceed five per cent
			 or be lower than two and a half per
			 cent.
(B) Beginning January
			 2, 2003, OP&F shall calculate interest on the DROP participant's DROP
			 benefit on the last day of each month according to the following provisions:
(1) Interest on the proper amount of employee
			 contributions will be based on the earlier of the date cash is received or the
			 date that the monthly report of employee deductions is due&; and
(2) Interest on the monthly pension benefit
			 calculated in accordance with section
			 742.442 of the Revised Code will
			 be based on the first day of each month, regardless of when posted by
			 OP&F.
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-4 - Deferred Retirement Option Plans › Section 742-4-10 - Maximum period for DROP participation

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of determining the maximum
			 eight-year period for DROP participation, this date will be based on three
			 hundred sixty-five calendar days from the effective date, regardless of the
			 periods during which contributions were paid on behalf of the member. For
			 example, if the member's effective date is January 18, 2003, the last day of
			 the eight-year period shall end on January 17, 2011.
(B) Capitalized terms used in this rule shall
			 have the meaning assigned to them in rule
			 742-4-01
			 of the Administrative Code .
Effective: 8/17/2018
Five Year Review
				(FYR) Dates: 5/31/2018 and
				05/31/2023
Promulgated
				Under: 111.15
Statutory
				Authority: 742.43,
				742.10
Rule
				Amplifies: 742.444
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 742-4-11 - Termination of a member's active service in an police or fire department

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of
			 section 742.444 of the Revised Code,
			 "termination of a member's active service in a police or fire department" is
			 presumed to occur if OP& F does not receive consecutive reports or payments
			 of contributions from an employer on behalf of the DROP participant, regardless
			 of which employer reports or pays such contributions to OP& F, as more
			 fully illustrated in the following examples. For example, if the DROP
			 participant works for city A through January 25, 2003 and then begins
			 employment with city B, who is a employer within the meaning assigned to it in
			 division (D) of section
			 742.01 of the Revised Code, on
			 February 1, 2003, then no termination would exist. On the other hand, if the
			 DROP participant terminated employment with city A on January 25, 2003 and did
			 not resume employment in an OP& F covered position until March 1, 2003, a
			 termination would result under section
			 742.444 of the Revised Code.
			 This presumption may be rebutted by the member or employer by timely submitting
			 documentation to OP& F that shows the continuation of the employment
			 relationship within the time period requested by OP& F.
(B)
								"Employer" shall have
			 the meaning assigned to it in division (D) of section
			 742.01 of the Revised
			 Code.
(C) Capitalized terms used in
			 this rule shall have the meaning assigned to them in rule
			 742-4-01
			 of the Administrative Code .
Effective: 11/23/2018
Five Year
				Review (FYR) Dates: 9/7/2018 and
				09/07/2023
Promulgated
				Under: 111.15
Statutory
				Authority: 742.10,
				742.43
Rule
				Amplifies: 742.444
Prior
				Effective Dates: 12/31/2002 (Emer.), 04/06/2003,
				08/28/2008
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-4 - Deferred Retirement Option Plans › Section 742-4-12 - Impact of family medical leave

Current through all regulations passed and filed through July 1, 2024
(A) "Family Medical Leave Act" shall mean the
			 statutory provisions outlined in
			 29 U.S.C.
			 2601
								, as
			 amended
								.
(B)
								If a DROP
			 participant elects to exercise his/her rights under the Family Medical
			 Leave Act ,
			 such
			 election  shall not extend the time during which the DROP participant can
			 participate in DROP.
(C) If the
			 DROP participant uses vacation or sick leave so that he/she can stay on his/her
			 employer's payroll, contributions shall be accrued for his/her benefit
			 according to section 742.443 of the Revised Code and
			 rule
			 742-4-06
			 of the Administrative Code. In cases where no "salary" is paid to the DROP
			 participant as a result of this election, no accrual of contributions shall be
			 made for his/her benefit.
(D) This
			 rule shall be subject to the provisions of division (C) of section
			 742.444 and section
			 742.445 of the Revised
			 Code.
(E) Capitalized terms used in
			 this rule shall have the meaning assigned to them in rule
			 742-4-01
			 of the Administrative Code .
Effective: 11/23/2018
Five Year
				Review (FYR) Dates: 9/7/2018 and
				09/07/2023
Promulgated
				Under: 111.15
Statutory
				Authority: 742.10,
				742.43
Rule
				Amplifies: 742.443
Prior
				Effective Dates: 12/31/2002 (Emer.), 04/06/2003,
				08/22/2013
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-4 - Deferred Retirement Option Plans › Section 742-4-14 - Impact of irrevocable payroll deduction on DROP

Current through all regulations passed and filed through July 1, 2024
(A) For the purchase of service credit done
			 through an irrevocable pre-tax payroll deduction agreement that provides for
			 the purchase of service credit beyond the member's effective date and which was
			 entered into before the DROP participant's effective date, the Member shall not
			 be permitted to terminate such payroll deduction, but the terms of this rule
			 shall apply.
(B) For those DROP
			 participants who meet the criteria of paragraph (A) of this rule, OP& F
			 shall calculate the monthly DROP benefit under section
			 742.442 of the Revised Code
			 based on the service credit actually purchased under such payroll deduction
			 plan as of the member's effective date, subject to the limited recalculation
			 done pursuant to paragraph (C) of this rule.
(C) For those DROP participants who meet the
			 criteria of paragraph (A) of this rule and who complete the irrevocable pre-tax
			 payroll deduction agreement, OP& F shall recalculate the monthly DROP
			 benefit under section
			 742.442 of the Revised Code
			 based on the service credit actually purchased under such payroll deduction
			 plan and OP& F shall credit that increased benefit for the DROP
			 participant's benefit, beginning the month following the month in which such
			 purchase of service credit was completed; provided, however, that this shall
			 not result in the recalculation of DROP benefits already calculated under
			 section 742.442 of the Revised Code.
(D) Capitalized terms used in this
			 rule shall have the meaning assigned to them in rule
			 742-4-01
			 of the Administrative Code(definitions).
Five Year Review (FYR) Dates:
				7/12/2018 and
				06/05/2023
Promulgated
				Under: 111.15
Statutory
				Authority: 742.10
Rule
				Amplifies: 742.21,
				742.442
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 742-4-15 - Optional plan of payment

Current through all regulations passed and filed through July 1, 2024
(A) If, as part of the DROP election, a DROP
			 participant elected an optional plan of payment under section
			 742.3711 of the Revised Code to
			 have the member's monthly pension calculated as a retirement allowance that
			 continues or is paid to a surviving beneficiary, the DROP participant shall be
			 eligible to cancel such optional plan or continuation of all or part of the
			 allowance in accordance with the provisions of division (B) of section
			 742.3711 of the Revised
			 Code.
(B) Notwithstanding the
			 provisions of paragraph (A) of this rule, a DROP participant shall not be
			 eligible to exercise the rights under division (C) of section
			 742.3711 of the Revised Code
			 until the DROP participant has filed an application for retirement with
			 OP&F under division (C)(1) of section
			 742.37 of the Revised Code. In
			 the case of a member who is required by a court order to designate a former
			 spouse as a beneficiary, the provisions of rule
			 742-3-28
			 of the Administrative Code shall apply.
(C)
								 Capitalized terms used in this rule shall have
			 the meaning assigned to them in rule
			 742-4-01
			 of the Administrative Code (definitions).
Five Year Review (FYR) Dates:
				11/19/2018 and
				11/19/2023
Promulgated
				Under: 111.15
Statutory
				Authority: 742.10,
				742.43
Rule
				Amplifies: 742.444
Prior
				Effective Dates: 12/31/2002 (Emer.), 04/06/2003, 08/28/2008,
				12/12/2013
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-4 - Deferred Retirement Option Plans › Section 742-4-16 - Selection of distributions

Current through all regulations passed and filed through July 1, 2024
(A) A DROP participant who is eligible for
			 distributions under division (B)(3) of section
			 742.444 of the Revised Code may
			 select periodic payments under division (B)(3)(b) of section
			 742.444 of the Revised Code
			 according to the following methods:
(1)
			 Partial distributions, which are one-time payments and not recurring, in a
			 gross amount equal to or greater than one thousand dollars per request, with a
			 maximum of four distributions being made by OP&F during a calendar year;
			 and
(2) Monthly distributions in a
			 gross amount equal to or greater than one hundred dollars per payment, which
			 will be paid on a monthly basis until OP&F receives proper written
			 direction from the DROP participant to change such selection; and
(3) Notwithstanding the
			 foregoing provisions , the final
			 distribution shall be a one-time payment in the gross amount due the DROP
			 participant, according to OP&F's books and records.
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-4 - Deferred Retirement Option Plans › Section 742-4-17 - Retirement allowance

Current through all regulations passed and filed through July 1, 2024
For purposes of determining the "retirement allowance" under
				section 742.3714 of the Revised Code,
				this shall be the amount calculated by OP& F pursuant to section
				742.442 of the Revised Code.
Five Year Review (FYR) Dates:
				7/12/2018 and
				06/05/2023
Promulgated
				Under: 111.15
Statutory
				Authority: 742.10,
				742.43
Rule
				Amplifies: 742.3714
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 742-4-18 - Default plan of DROP benefit

Current through all regulations passed and filed through July 1, 2024
Unless OP&F receives a written notice of distribution from
				a surviving spouse or designated beneficiary, as the case may be, for any
				monies properly due such person under division (C) of section
				742.446 of the Revised Code
				within thirty days of OP&F's notice to such person of the final DROP
				benefit to be distributed to that person under the foregoing statutory
				provision, OP&F will process all payments to the appropriate beneficiary
				based on a lump sum distribution. This default plan of payment, however, will
				not apply in the event that OP&F has no records to determine the surviving
				spouse or designated beneficiary of such payments
				or the address of such surviving spouse or designated beneficiary.
Effective: 9/28/2018
Five Year Review
				(FYR) Dates: 7/12/2018 and
				07/12/2023
Promulgated
				Under: 111.15
Statutory
				Authority: 742.10,
				742.43
Rule
				Amplifies: 742.446
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 742-4-19 - DROP benefits at death

All regulations passed and filed through January
  1, 2024
(A) For purposes of paying DROP benefits
			 under division (B)(1) of section
			 742.446 of the Revised Code, the
			 Ohio police and fire pension fund (OP& F) may require receipt of the
			 following documents from the DROP participant's surviving spouse, designated
			 beneficiary or estate, as the case may be:
(1) Marriage certificate, if applicable;
(2) Birth certificate, if
			 applicable;
(3) Letters of
			 authority from the DROP Participant's executor/executrix or
			 administrator/administratrix, if applicable and as the case may be;
(4) Application for benefits in the form
			 provided by OP& F;
(5) A
			 complete copy of the trust agreement if a trust has been designated as the
			 beneficiary of DROP benefits pursuant to rule
			 742-3-22
			 of the Administrative Code;
(6)
			 Any other documentation requested by OP& F for the distribution of funds.
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-5 - Service Credit › Section 742-5-01 - Definition of service credit

Current through all regulations passed and filed through July 1, 2024
(A)
								 Years of service and years of active service
			 shall mean years of full-time service, including a full-time appointment to the
			 position as a police officer or firefighter, for which retirement
			 contributions are deducted from "salary," as such term is defined in section
			 742.01 of the Revised Code and
			 rule
			 742-3-02
			 of the Administrative Code and forwarded to OP& F.
(B)
								 For purposes of determining "full-time service,"
			 OP& F may request the employer and the member to certify the full-time
			 service, but, in any event, OP& F will determine that the contributing
			 credit was for full-time service. In order for the service to be "full-time,"
			 as provided for in divisions (A) and (B) of section
			 742.01 of the Revised Code: (1)
			 the service credit must have been rendered while employed in a full-time public
			 position; and (2) the individual must meet the criteria for "full-time
			 contributing service," as outlined in rule
			 742-5-03
			 of the Administrative Code.
Five Year Review (FYR) Dates:
				2/8/2019 and
				02/08/2024
Promulgated
				Under: 111.15
Statutory
				Authority: 742.10
Rule
				Amplifies: 742.37
Prior
				Effective Dates: 01/01/1977, 07/31/2003, 01/22/2009,
				02/09/2014
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-5 - Service Credit › Section 742-5-02 - Interest rate for service credit purchases or refunds/purchase of civilian service credit

Current through all regulations passed and filed through July 1, 2024
(A) The rate of compounded interest for the
			 purchase of service credit under section
			 742.21 of the Revised Code or
			 for the payment of back contributions shall be calculated separately for each
			 year in accordance with the terms of division (H) of section
			 742.21 of the Revised Code.
(B) Prior to January 1, 1987, and
			 for all purchases of civilian service credit and not military service credit,
			 the interest charge for the purchase of service credits or the payment of back
			 contributions shall be six per cent.
(C) From and after January 1, 1987 through
			 and including September 16, 1998, the interest charge for the purchase of
			 service credits or the payment of back contributions, except military
			 purchases, shall be the actuarial interest assumption rate adopted by the board
			 for the year in which the service credit was purchased, compounded annually.
(D) Service credit may be
			 purchased in increments of not less than one month except:
(1) Where the total service available for
			 purchase under a section of the Revised Code is less than a full month; or,
(2) Where less than one full month
			 is necessary to accumulate the maximum number of years which may be used in
			 benefit calculations; or
(3) Where
			 four purchases of service credit have already been made in any calendar year.
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-5 - Service Credit › Section 742-5-03 - Contributing service credit

Current through all regulations passed and filed through July 1, 2024
(A)
								As used in ths
			 rule:
(1)
									"Contributing service credit" means service credit earned by
			 a member of the police and fire pension fund ("OP&F") as a result of
			 OP&F receiving employee contributions on salary of that member, as required
			 under section 742.31 of the Revised Code, for
			 full-time contributing service rendered by an OP&F member to a covered
			 employer.
(2)
									Except as provided in this rule, "full-time
			 contributing service credit" means either of the following:
(a)
										For a standard
			 forty-hour work week, a member has been compensated for working (including paid
			 leave) a minimum of thirty-seven and a half hours for each week in any normal
			 monthly payroll reporting period; or
(b)
										For a platoon
			 system (i.e., twenty-four hours then followed by forty-eight hours off), a
			 member has been compensated for working (including paid leave) a minimum of
			 forty-five hours for each week included in any normal monthly payroll reporting
			 period.
(3)
									"Partial contributing service credit" means prorated
			 service credit allowed for members determined by OP&F to be full-time whose
			 hours of service for each week included in any normal monthly payroll reporting
			 period temporarily falls below "full-time contributing service credit," as
			 defined in paragraph (A)(2) of this rule.
For partial contributing service
				credit, OP&F shall prorate the service credit by dividing the hours
				compensated by the regularly reported hours for the monthly payroll reporting
				period.
(4)
									"Furlough" means a temporary unpaid leave of absence
			 that occurs between March 9, 2020 and June 30, 2021, which results in a member
			 being paid less than the standard hours set forth in paragraph (A)(2) of this
			 rule.
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-5 - Service Credit › Section 742-5-04 - Military service credit

Current through all regulations passed and filed through July 1, 2024
(A) The first full-time Ohio public service
			 covered under any state or in a municipal retirement system of this state which
			 is subject to purchase or transfer under section
			 742.21,
			 742.212,
			 742.51,
			 742.511,
			 742.512,
			 742.513,
			 742.514, or
			 742.515 of the Revised Code,
			 subject to purchase under section
			 742.23,
			 742.24,
			 742.375,
			 742.376,
			 742.511, or
			 742.512 of the Revised Code, or
			 subject to redeposit under section
			 742.371 of the Revised Code,
			 shall be considered "the first year of full-time service in Ohio" covered by
			 any state or municipal retirement system of this state following termination of
			 military service as used in section
			 742.52 of the Revised Code in
			 reference to the purchase of military service credit.
As used in section
				742.52 of the Revised Code,
				"annual compensation" means the initial annual salary rate for the full-time
				position used to compute the cost of purchasing credit for military service.
(B) The employer
			 contribution required under section
			 742.521 of the Revised Code
			 shall be based on the base salary the police officer or fire fighter would have
			 earned had military service not interrupted the member's police or fire
			 service. Base salary is the hourly rate equivalent upon which the overtime
			 compensation rate, if any, is based.
The employer contribution required under section
				742.521 of the Revised Code
				shall not be levied in connection with any credit granted for military service
				that occurred prior to October 29, 1996.
(C) For purposes of section
			 742.52 of the Revised Code, a
			 person shall be deemed to be receiving a disability benefit or pension if the
			 person fails to withdraw his/her application, as outlined in rule
			 742-3-17
			 of the Administrative Code.
(D)
			 The recovery procedures outlined in division (E)(2) of section
			 742.52 of the Revised Code shall
			 include, but not be limited to, the recovery procedures outlined in rule
			 742-3-08 of the
			 Administrative Code.
(E) Prior to
			 September 21, 2000, the nominal method shall be used for the calculation of
			 compounded interest at the rate established by the board of trustees. Beginning
			 on September 21, 2000, the effective method shall be used for the calculation
			 of compounded interest at the rate established by the board of trustees.
Five Year Review (FYR) Dates:
				01/22/2016 and
				01/22/2021
Promulgated
				Under: 111.15
Statutory
				Authority: 742.10
Rule
				Amplifies: 742.21,
				742.212,
				742.23,
				742.24,
				742.371,
				742.375,
				742.376,
				742.51,
				742.511,
				742.512,
				742.513,
				742.514,
				742.515,
				742.52,
				742.521
Prior
				Effective Dates: 6/30/76, 1/18/97, 3/19/01,
				4/28/06
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-5 - Service Credit › Section 742-5-06 - Definition of "honorably discharged"

Current through all regulations passed and filed through July 1, 2024
As used in sections
								742.52
								and
				742.521
								 of the Revised
				Code, the phrase "honorably discharged" shall be construed to mean the
				favorable character of service status given by the department of defense or the
				national guard, as the case may be, for the member's service in the armed
				forces of the united states, as defined in sections
								742.52
								and
				742.521
								 of the Revised
				Code, whether characterized as honorable or general (under honorable
				conditions).
Five Year Review (FYR) Dates:
				10/5/2017 and
				07/19/2022
Promulgated
				Under: 111.15
Statutory
				Authority: 742.10
Rule
				Amplifies: 742.52
Prior
				Effective Dates: 07/20/1981, 04/19/2001,
				07/19/2012
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-5 - Service Credit › Section 742-5-07 - Service credit purchases and transfers

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of sections
			 742.21 and
			 742.251 of the Revised Code, a
			 "purchase" shall mean that the Ohio police and fire pension fund ("OP&F")
			 member withdrew his/her contributions from the applicable retirement system or
			 out-of-state or local government and a "transfer" shall mean that the OP&F
			 member maintained his/her contributions with the applicable retirement
			 system.
(B) For purposes of
			 divisions (B) and (C) of section
			 742.21 of the Revised Code,
			 "amount withdrawn" shall mean contributions paid by the member to the
			 applicable retirement system for service credit, which are later withdrawn from
			 that retirement system by the member, but shall not include interest paid to
			 the member on such contributions by the withdrawing retirement system. In no
			 event, however, shall this definition impact OP&F's right to the payment of
			 interest according to that section the Revised Code.
(C) For purposes of determining whether an
			 OP&F member is not receiving a pension or benefit payment, as outlined in
			 sections 742.21 and
			 742.251 of the Revised Code,
			 OP&F will rely upon its books and records.
(D) For purposes of determining "full-time
			 service," OP&F shall request the employer and the member to certify the
			 full-time service, but in any event, OP&F will determine that the
			 contributing credit was for "full-time service." In order for the service to be
			 "fulltime", as provided for in divisions (A) and (B) of section
			 742.01 of the Revised Code:
(1) the service credit to be purchased or
			 transferred must have been rendered while employed in a full-time public
			 position; and
(2) the individual
			 must meet the criteria for "full-time contributing service," as outlined in
			 rule
			 742-5-03
			 of the Administrative Code. OP&F will prorate service
			 credit for a member if the overall service is determined by OP&F to be
			 full-time for occasions when the member failed to
			 
									be
			 compensated the minimum number of hours
			 per week as set forth in paragraph (A)(2) of rule
			 742-5-03
			 of the Administrative Code
									.
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-5 - Service Credit › Section 742-5-08 - Service credit purchases by payroll deduction

Current through all regulations passed and filed through July 1, 2024
(A) A member of Ohio police and fire pension
			 fund ("OP& F") may purchase any type of service credit through payroll
			 deduction that a member is eligible to purchase under any provisions of Chapter
			 742. of the Revised Code, including but not limited to, Revised Code sections
			 742.21 (service credit earned
			 for full-time service as member of state or municipal retirement system
			 ,
			 742.221 (conditions to receive credit for time spent on
			 pregnancy or medical disability leave),
			 742.23 (credit to police
			 officers for service time as firefighters),
			 742.24 (credit to firefighters
			 for service time as police officers),
			 742.27 (credit for
			 lay
			 off period), 742.371 (redeposit of withdrawn
			 contributions), 742.375 ( credit
			 for service as a
			 member of the state highway patrol retirement
			 system), 742.376 ( credit for
			 service as a full-time member of
			 a police or fire department
			 prior to January 1, 1967),
			 742.52 (purchase of credit for
			 military service ),
			 and
								742.521 (granting of credit for military service
			 ).
(B) Upon a member's request to OP& F to
			 purchase service credit by payroll deduction for service credit the member is
			 eligible to purchase pursuant to section
			 742.56 of the Revised Code and
			 this rule, OP& F will prepare an authorization form which states the
			 following:
(1) The service to be purchased,
			 including the total months of service and the type of service;
(2) The total cost of the service credit to
			 be purchased through payroll deduction;
(3) An authorization from the member to make
			 the total number of payroll deductions in the stated amount, starting with the
			 proposed start date and ending on the proposed completion date; provided,
			 however, that the payroll deduction cannot exceed the member's net compensation
			 after all deductions and withholdings required by law.
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-5 - Service Credit › Section 742-5-09 - Purchase of lay-off service credit

Current through all regulations passed and filed through July 1, 2024
(A) Upon a member's request to purchase
			 service credit for any period during which the member was laid off, OP&F
			 shall provide the member with certification forms to be completed by both the
			 member and the member's employer where the period of lay-off occurred. The
			 member shall certify all of the following information to OP&F:
(1) The date that he or she was removed from
			 active service as a result of an involuntary lay-off;
(2) The name of the employer that laid the
			 member off;
(3) The date that the
			 member returned to full-time service; and
(4) That, during the period of lay-off, the
			 member did not render any service that is used in the calculation of any public
			 or private retirement benefit, except any federal social security retirement
			 benefit.
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-5 - Service Credit › Section 742-5-10 - Part-time fire department becoming a full-time department and failure to make election under division (A) of section 742.516 of the Revised Code. [Rescinded]

Current through all regulations passed and filed through July 1, 2024
Rescinded eff 7-17-04
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-5 - Service Credit › Section 742-5-11 - Definition of "service rendered concurrently"

Current through all regulations passed and filed through July 1, 2024
For purposes of division (G) of section
				742.21 of the Revised Code
				and division (F) of section
				742.212 of the Revised
				Code, the 
								term "service rendered concurrently" shall mean
				service credit earned in another retirement system during the same time period
				in which the police and fire pension fund has granted or will grant service
				credit to such member.
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-7 - Benefits › Section 742-7-02 - Use of member's records

Current through all regulations passed and filed through July 1, 2024
(A) All records and files of the board and
			 Ohio police & fire pension fund ("OP&F") shall be public information,
			 including an employer's status of the payment of contributions generally due
			 under sections 742.30,
			 742.31,
			 742.33, and
			 742.34 of the Revised Code, but
			 shall not include any member's personal history record (as hereinafter
			 defined), except as otherwise provided by law. A member's personal history
			 record  may only be
			 released to the member or a third party upon OP&F's receipt of a written
			 authorization from the member or his/her authorized representative or agent
			 using forms provided by OP&F or a form substantially similar to OP&F's
			 form, subject to any internal policies adopted by OP&F and to the extent
			 provided by such authorization, but any such authorization must be signed
			 before a notary public.
(B)
			 "Member's personal history record" includes all information related to an
			 OP&F member, including the name, address, telephone number, social security
			 number, record of contributions, correspondence to or from OP&F, any report
			 of a pre-employment physical, any medical reports and recommendations (subject
			 to the terms of paragraph (C) of this rule), the status of any application for
			 benefits, any record identifying the service history or service credit of a
			 member or benefit recipient, but excluding:
(1) The member's status with OP&F (i.e.
			 active
									or
			 retired
									but does not include whether or not the member made an
			 election to participate in DROP);
(2) The award given to
			  survivors by the board of trustees for
			 an application for benefits under the Ohio public
			 safety officers death benefit fund and the member's name and employer; and
(3) Any information
			 disclosed by OP&F in accordance with the permitted exceptions of the Health
			 Insurance Portability And Accountability Act of 1996 and OP&F HIPAA
			 policies and procedures.
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-7 - Benefits › Section 742-7-03 - Issuance date of benefits and DPO payments

Current through all regulations passed and filed through July 1, 2024
Except as otherwise required by law, all
				
								benefits and division of property order payments shall
				be issued
				by Ohio police and fire pension fund ("OP&F") as follows:
(A) For benefit recipients
			 and alternate payees who
			 receive payment by direct deposit,
			 OP&F shall transfer the funds to the 
								financial
			 institution on record on the first business day of each month. In the event the first
			 business day of the month falls on a legal holiday, the funds will be
			 transferred on the first business day following the legal
			 holiday.
(B) For benefit
			 recipients and alternate payees who
			 
								cannot receive payment  by direct deposit, OP&F shall mail checks on the last
			 business day of the month .
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-7 - Benefits › Section 742-7-07 - Pre-retirement survivor annuity

Current through all regulations passed and filed through July 1, 2024
(A) The board will authorize payment of the
			 benefits created by section
			 742.3714 of the Revised Code
			 when the board determines that:
(1) A
			 deceased or former member was, on the date of death, eligible to retire and to
			 receive an immediate pension under division (C)(1) or (C)(3) of section
			 742.37 of the Revised Code, but
			 had not retired because he/she had not severed employment as a police officer
			 or fire fighter; and
(2) The
			 deceased member is survived by a spouse or "contingent dependent beneficiary"
			 eligible to receive the benefit.
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-7 - Benefits › Section 742-7-08 - Cost-of-living allowance

Current through all regulations passed and filed through July 1, 2024
(A) The benefits and contributions of any
			 member shall be calculated on the basis of the member's salary as defined by
			 divisions
			 (G) and (L) of section
			 742.01 of the Revised Code and
			 rule
			 742-3-02
			 of the Administrative Code.
(B) All
			 members having fifteen years of service credit as of January 1, 1989 shall be
			 provided a form upon which they can elect the basis of benefit and contribution
			 calculations under section
			 742.3716 of the Revised Code.
			 For purposes of this determining a member's eligibility for this election,
			 years of service credit shall include any credit purchased prior to January 1,
			 1989.
(C) A beneficiary's
			 "anniversary date" shall be July first, for those eligible for the first
			 cost-of-living allowance on that date or the anniversary of the beneficiary's
			 effective date of retirement or benefits for those not eligible for the first
			 cost-of-living allowance. When a beneficiary's anniversary date does not fall
			 on the first of a month, a pro rata payment of the first month's cost-of-living
			 allowance shall be paid.
(D) A
			 beneficiary's "base benefit" shall be the amount of a benefit first calculated
			 upon retirement, and shall exclude any medicare reimbursement, any amount by
			 which a member reduces benefits under an optional plan of payment pursuant to
			 section 742.3711 of the Revised Code,
			 any actuarial reduction for early retirement, and any previous cost-of-living
			 increases.
(E) The benefit paid to
			 an eligible survivor under an optional plan of payment shall be based upon the
			 amount last received by the member, excluding medicare reimbursement and the
			 amount of any reduction chosen by the member, but including any cost-of-living
			 allowance received by the member. Such survivor shall be entitled to
			 cost-of-living adjustments based upon the original base of the survivor under
			 the optional plan of payment.
(F)
			 Upon the election by an eligible member to cancel an optional plan of payment
			 and to return to a single life annuity, previously awarded cost-of-living
			 allowances shall be adjusted to the amount the member would have received had
			 the member always been paid a single life annuity.
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:
				742.37
Prior Effective Dates: 7/24/86 (Emer.), 10/16/86, 10/09/87
				(Emer.), 1/10/88, 2/7/00 (Emer.), 5/1/2000,
				2/14/2005
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-7 - Benefits › Section 742-7-09 - Payment of medicare part "B" premium; treatment of medicare part "B" payment

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of
			 division (B) of section
			 742.45 of the Revised Code,
			 "satisfactory evidence of the payment for coverage" shall mean filing of the
			 medicare part "B" reimbursement statement in the form approved by OP&F or
			 the medicare billing statement, along with a copy of the applicant's medicare
			 card or a letter from medicare in lieu of a medicare card. No retroactive
			 reimbursement will be made. For any inaccurate or incorrect statement made on
			 the medicare part "B" reimbursement statement, OP&F reserves all rights to
			 recover monies associated with a covered person's failure to comply with such
			 provisions.
(B) In accordance with divisions (C) and (D) of
			 section 742.45 of the Revised Code,
			 OP&F shall not reimburse the medicare part "B" premium to a benefit
			 recipient who is receiving or should be receiving reimbursement for this
			 premium from any other source and the member or benefit recipient shall be
			 deemed to consent to the recovery of any overpayment by deduction from his/her
			 monthly pension or benefit. If another Ohio retirement system is responsible to
			 provide health care to such recipient, OP&F shall not be responsible to pay
			 the medicare part "B" reimbursement. No retroactive payment shall be
			 given.
(C) The recipient of the medicare part "B"
			 reimbursement shall be deemed to consent to the recovery of any overpayment by
			 deduction from his/her monthly pension or benefit. The monthly deduction shall
			 be an amount equal to the greater of:
(1) The
			 monthly amount determined by dividing the amount of the overpayment by the time
			 period over which the overpayment occurred;
(2) The monthly amount of OP&F's medicare
			 part "B" reimbursement on the month in which deductions are to commence;
			 or
(3) The monthly amount agreed to
			 in writing by the recipient.
Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-7 - Benefits › Section 742-7-11 - Health reimbursement arrangement and stipend program

Current through all regulations passed and filed through July 1, 2024
(A) Definitions
As used in this rule and rule
				742-7-12 of the Administrative
				Code:
(1) "Age and service retiree"
			 means a former member who is receiving a retirement allowance pursuant to
			 division (C) of section
			 742.37 of the Revised
			 Code.
(2) "Claims administrator"
			 means the third party administrator selected by OP&F's board of trustees to
			 administer the health reimbursement arrangement.
(3) "Dependent" means an eligible spouse or
			 child of an eligible benefit recipient.
(4) "Disability benefit recipient" means a
			 member who is receiving a benefit or allowance pursuant to section
			 742.38 or former division
			 (C)(2), (C)(3), or (C)(4) of section
			 742.37 of the Revised
			 Code.
(5) "Effective date of
			 retirement" shall have the same meaning as rule
			 742-3-01 of the Administrative
			 Code.
(6) "Eligible benefit
			 recipient" means an age and service retirant, disability or survivor benefit
			 recipient who is eligible for the health reimbursement arrangement and stipend
			 program.
(7) "Form" shall mean the
			 form created, approved, and/or provided by OP&F for the administration of
			 benefits found on the OP&F website at
www.op-f.org
.
(8) "Health reimbursement arrangement" or
			 "HRA" means the non-interest bearing, record keeping arrangement funded by Ohio
			 police and fire pension fund established for an eligible age and service
			 retiree, disability benefit recipient, or survivor benefit recipient from which
			 the reimbursement of qualifying health-related expenses may be made.
(9) "Medicare" is the program administered by
			 the United States government that provides health insurance coverage to
			 individuals who are age sixty-five and older or under the age of sixty-five and
			 permanently physically disabled or have a congenital physical disability or who
			 meet other special criteria set forth by the federal government.
(10) "Qualifying life event" or "QLE" shall
			 have the same meaning as defined in the federal Patient Protection and
			 Affordable Care Act of 2010, 42 U.S.C. 18001
									("ACA"), or its successor provision and
			 applicable regulations thereunder.
(11) "Retiree health exchange" means the
			 individual or family medical and prescription drug plans available for purchase
			 through OP&F's third party administrator.
(12) "Stipend" means the annual health care
			 allowance determined by the board of trustees and allocated to each benefit
			 recipient enrolled in the health reimbursement arrangement program.
(13) "Survivor benefit recipient" means a
			 beneficiary receiving a benefit pursuant to division (D), (E), or (F) of
			 section 742.37 of the Revised
			 Code.