Chapter 5505-3 Retirement

(A) The eligibility date for age & service retirement benefits shall be the day following the last working day as a member, with no duplication of salary and pension.

(B) The eligibility date for reduced retirement benefits shall be either the day following the last working day or the date the member is eligible and elects to receive a reduced retirement benefit, with no duplication of salary and pension.

(C) The eligibility date for disability retirement benefits shall be determined by the board, with no duplication of salary and pension.

(D) A member shall apply for benefits on a form prescribed by the board.

Effective: 10/21/2005

R.C. 119.032 review dates: 08/05/2005 and 10/01/2010

Promulgated Under: 111.15

Statutory Authority: 5505.07, 5505.18

Rule Amplifies: 5505.16, 5505.17, 5505.18

Prior Effective Dates: 1/1/1997

(A) A member filing for disability retirement benefits, or the superintendent of highway patrol filing for benefits on behalf of a member, shall obtain an application from the highway patrol retirement system.

(B) The application, along with medical reports or competent evidence to support the stated disabling condition(s) shall be forwarded to the executive director.

(C) Upon receipt of the member’s completed application, the board shall cause the completion of a form identifying the member’s duties and responsibilities as of the day preceding the disabling condition(s) identified on the application form.

(D) One or more physicians shall be appointed by the board to conduct a medical examination to determine if the member is totally incapacitated for duty, the cause of incapacitation and whether it is likely to be permanent.

(1) The first such physician shall be contacted within ten calendar days following receipt of any application for disability retirement, and an examination scheduled as soon as practical.

(2) The board shall appoint an examining physician(s) whose area of specialty is consistent with the member’s disabling condition(s).

(3) The number of physicians appointed by the board shall be determined by the type and degree of disabling condition(s).

(4) The applicant may be required to provide available reports of previous test results as requested by the examining physician(s).

(5) The payment of any necessary examining and/or reporting fee shall be the responsibility of the board.

(E) The completed application, all available medical reports and any other pertinent or relevant information available shall be presented to the Disability Committee for review, investigation and recommendation.

(1) The Disability Committee’s review shall be limited to the documents and information before it.

(2) The disability retirement applicant shall have no automatic right to appear before the Disability Committee.

(3) The Disability Committee may request any person attend the committee meeting, including the disability retirement applicant. Appearances shall be by invitation only.

(4) The Disability Committee may recommend acceptance or rejection of any disability retirement application, or it may recommend further investigation or examination of the applicant.

(5) If the Disability Committee recommends further investigation or examination, its recommendation shall be presented to the full Board at its next meeting without further notice to the applicant.

(a) The Board may accept or reject the recommendation.

(b) If the Board accepts the recommendation, further investigation or examination shall occur as determined by the Board.

(c) If the recommendation is rejected, the Board may grant or deny the application or it may remand the application to the Disability Committee for further consideration and recommendation to grant or deny the application for disability retirement.

(6) If the Disability Committee recommends acceptance or rejection of the disability retirement application, the Board’s Executive Director shall notify the disability retirement applicant in writing of the Committee’s decision.

(a) The notice shall be sent within ten days of the Committee’s determination, but no less than three weeks prior to the next Board meeting.

(b) The notice shall contain all of the following:

(i) The Committee’s recommendation;

(ii) The date the disability application will be heard by the Board;

(iii) The applicant’s right to appear at the hearing, with or without counsel, to present evidence and testimony. The applicant must notify the Board’s office in writing of his or her intent to appear at the hearing at least twenty-four hours prior to the hearing.

(F) At its regularly scheduled meeting, but no sooner than three weeks following the meeting of the Disability Committee, the Board shall consider the disability retirement application, along with all available documentation, information and medical reports, and the recommendation of the Disability Committee.

(1) The Board shall consider the application, recommendation and available documentation, information and medical reports at a hearing.

(2) The hearing shall be conducted in executive session and may be recorded by means of electronic, stenographic or other recording device.

(3) The applicant may be present at the hearing, or may be present with or through an attorney, provided the applicant has notified the Board of his or her intent to appear, in accordance with Rule 5505-3-02(E)(6)(b)(iii) above.

(4) Unless the Board allocates additional time, hearings are limited to 30 minutes in length, of which at least 20 minutes shall be reserved to the applicant for presentation of evidence and testimony.

(5) The applicant may present evidence or testimony relevant to the disability claim.

(6) After the hearing, the Board shall consider the disability retirement application. The Board may grant or deny the application, or it may order further action that it deems necessary, including further investigation.

(7) If the Board grants or denies the application, within ten business days following the Board’s decision, the Board’s Executive Director shall notify the applicant of the Board’s decision.

(a) Notice shall be in writing, sent by certified mail.

(b) Approval notification shall contain the effective date of disability retirement.

(c) Denial notification shall contain a reasonable explanation for denial.

(G) An applicant who disagrees with the Board’s grant or denial of a disability retirement application may request reconsideration.

(1) A request for reconsideration must be:

(a) made in writing;

(b) received by the Board’s office within sixty days of the mailing of the Board’s determination;

(c) accompanied by new medical evidence.

(2) New medical evidence means current objective medical evidence documented by a licensed physician specially trained in the field of medicine pertinent to the illness or injury for which disability is claimed, and such evidence itself has not, heretofore, been submitted, and such evidence does not merely contain or reiterate findings of information contained in documents or evidence previously submitted.

(3) The Executive Director shall schedule such request for reconsideration at the next scheduled meeting of the Board.

(4) Unless otherwise requested by the Board, the Board’s review shall be limited to the application, along with the accompanying documents, information and medical reports, the request for reconsideration, and the new medical evidence.

(5) When considering the request for reconsideration, the Board may request the attendance and assistance of any person; the applicant shall have no right to be present, unless requested by the Board.

(6) The Board shall consider the request for reconsideration in executive session.

(7) Within ten business days following the Board’s decision on reconsideration, the Board’s Executive Director shall notify the applicant of the Board’s decision.

(a) Notice shall be in writing, sent by certified mail.

(b) Approval notification shall contain the effective date of disability retirement.

(H) Failure of the applicant to provide a completed application and required medical reports shall be grounds for deferral of such application for disability retirement benefits.

HISTORY: Eff 3-25-04

Rule promulgated under: RC 111.15

Rule authorized by: RC 5505.04

Rule amplifies: RC 5505.18

RC 119.032 review dates: 3/12/02, 3/1/07, 3/25/09

[This rule designated an internal management rule. For a copy of this rule, contact the Ohio Legislative Service Commission.]

(A) A retirant whose reemployment, whether full-time or part-time, is covered by one of the other Ohio public retirement plans is subject to the following:

(1) If reemployment occurs prior to the pension eligibility date, or before the end of thirty days following the pension eligibility date, two months’ pension allowance shall be forfeited.

(2) If reemployment occurs after thirty days but before the end of sixty days following the pension eligibility date, one month’s pension allowance shall be forfeited.

(3) Notwithstanding the prior provisions, if reemployment occurs sixty days or more prior to the pension eligibility date, no pension allowance shall be forfeited.

(B) If a pension allowance has been paid to a reemployed retirant who is not entitled to it because of paragraph (A) of this rule that amount shall be withheld from future payments due to the retirant. In the event that future payments due to the retirant are less than the amount to be forfeited, the retirant must immediately reimburse the system for the difference

(C) Health care coverage eligibility is not affected by this rule.

Effective: 05/23/2007

R.C. 119.032 review dates: 03/05/2007 and 05/10/2012

Promulgated Under: 111.15

Statutory Authority: 5505.07

Rule Amplifies: 5505.161

Prior Effective Dates: 8/1/1992, 10/21/2005

(A) A member of the state highway patrol retirement system who retires on or after September 21, 1994, as provided in section 5505.16 of the Revised Code may elect to receive a single lifetime pension benefit, or may elect to receive the actuarial equivalent of a pension payable for life with some portion continuing after death to a designated beneficiary under one of the following options.

(1) Some percentage of the member’s actuarial reduced pension to be paid for life to a beneficiary designated at the time of retirement.

(2) Select a period of not less than five nor more than twenty years during which the member’s actuarial reduced pension shall be paid to the member and continue for the remainder of such period to the beneficiaries, in such order as designated by the member at the time of retirement or the member’s lifetime, whichever is greater. Only one beneficiary may receive a monthly pension, however all beneficiaries named may jointly receive the present value of any remaining payments in a lump sum settlement.

(B) Under any of the following conditions, the joint and survivor annuity plan may be cancelled and the retirant will be eligible to receive a single life annuity the month following the system receiving the completed cancellation form. No payment or adjustment shall be made to compensate for the period of time the joint and survivor annuity was paid.

(1) If the retirant has been receiving a benefit for less than one year and with the written consent of the designated beneficiary.

(2) If the designated beneficiary dies and upon the retirement system’s receipt of the death certificate.

(3) If divorce, annulment, or dissolution occurs, and with the written consent of the spouse, or pursuant to court order.

(C) A retirant may select a joint and survivor annuity plan no later than one year following marriage or remarriage.

(D) Designation of a plan option, change in the plan, or change in beneficiary requires that the retirant submit a form prescribed by the board.

(E) Any plan or payment changes shall become effective the first day of the month following receipt of a form prescribed by the board.

(F) Any benefit paid to a beneficiary selected under the joint and survivor annuity or life annuity certain and continuous is in addition to the automatic surviving spouse benefit in accordance with section 5505.17 of the Revised Code. Internal Revenue Code Section 401A(9) prohibits the payment of a benefit to a designated beneficiary, or a combination of payments made to a surviving spouse and designated beneficiary, which exceeds the amount the retirant was receiving at the time of death.

Effective: 10/21/2005

R.C. 119.032 review dates: 08/05/2005 and 10/01/2010

Promulgated Under: 111.15

Statutory Authority: 5505.04

Rule Amplifies: 5505.162

Prior Effective Dates: 12/1/1994, 11/14/1994