Chapter 5505-7 Benefits

(A) Pursuant to sections 5505.17 and 5505.18 of the Revised Code, final average salary shall be used to calculate retirement benefits.

(B) Final average salary shall be the average of the highest annual salary paid to a member during any three years of service, which may be nonconsecutive.

(1) Each year’s salary shall be calculated as twenty-six consecutive payroll periods, multiplied by 1.00275 in order to adjust for 365 days.

(2) Final average salary shall include longevity, hazard duty, shift differential, and professional achievement pay.

(3) Final average salary shall not include paid overtime, doubleback, reportback, and standby pay.

(4) Whenever a final average salary computation requires the inclusion of a partial pay period, the average of the pro-rated pay period shall be used.

(C) Pursuant to section 5505.16 of the Revised Code, a retirant on deferred status may elect to receive reduced retirement benefits at any time between the ages of forty-eight and fifty-two.

(D) Final average salary is calculated from employee contributions in accordance with records and data provided by the Ohio department of administrative services and the state highway patrol.

Effective: 04/27/2006

R.C. 119.032 review dates: 02/07/2006 and 04/01/2010

Promulgated Under: 111.15

Statutory Authority: 5505.07

Rule Amplifies: 5505.16, 5505.17, 5505.18

Prior Effective Dates: 1/1/1994, 11/1/1990, 1/1/1986, 10/21/2005

(A) A surviving spouse is a wife or husband as set forth in a statutorily valid certificate of marriage or as recognized by judgment of a court establishing a common-law relationship.

(B) Dependent children are legal children of a member or retirant.

(C) A survivor shall apply for benefits on a form prescribed by the board, including a death certificate. In addition, a survivor shall provide proof of eligibility by submitting a marriage certificate, birth certificate, or other document that establish marriage or parenthood.

(D) Survivor benefits shall be effective the day following a member’s death and the first of the month following a retirant’s death.

(E) The board reserves the right to deny benefits for failure to provide satisfactory proof of eligibility.

Effective: 12/23/2005

R.C. 119.032 review dates: 08/05/2005 and 12/01/2010

Promulgated Under: 111.15

Statutory Authority: 5505.07

Rule Amplifies: 5505.16, 5505.17

Prior Effective Dates: 2/1/1992, 2/1/1990, 1/1/1986

(A) An unmarried child (over age eighteen) of a deceased member or retirant shall continue to be paid the prescribed benefit if the child is a student and has not reached the age of twenty-three. A child is considered to be a student when enrolled and attending a high school, vocational or trade school, college, or university, in a program designed to complete the equivalent of at least two-thirds of the full-time curriculum requirements of the institution for a school year.

(B) The parent or guardian, and the student, upon request, must complete an application for benefits, including a certification of enrollment from the educational institution .

(C) Benefits are payable through any designated vacation period not to exceed four months, provided the parent or guardian completes a letter of intent as furnished by the system. A vacation period may be considered to be any part of the calendar year.

(D) The parent or guardian, and the student, joint and severally, are responsible to notify the retirement system of any change in the child’s student status and to refund any benefits that were erroneously paid after any such change.

Effective: 04/27/2006

R.C. 119.032 review dates: 02/07/2006 and 04/01/2010

Promulgated Under: 111.15

Statutory Authority: 5505.07

Rule Amplifies: 5505.17

Prior Effective Dates: 10/21/2005, 12/1/1987, 1/1/1986,

(A) Eligible benefit recipients and dependents may enroll in any plan offered pursuant to section 5505.28 of the Revised Code.

(1) The annual premium cost for each category of coverage shall be determined by the board prior to the annual open enrollment period.

(2) The benefit recipient shall pay the excess premium cost of an additional plan option.

(3) Open enrollment for any additional plan option shall be established, as necessary by the board.

(4) A retirant who has access to medical coverage through employment must secure it as primary coverage, regardless of cost. In the board’s discretion, this provision may be waived if the board deems that cost to be excessive. If the retirant has medical coverage through employment, the retirement system’s medical coverage may be secondary; however, the retirement system will still offer primary dental and vision coverage.

(B) The spouse and dependent children of a retirant who is receiving a monthly benefit, are eligible for health care, subject to the following conditions:

(1) A spouse is a wife or husband as set forth in a statutorily-valid certificate of marriage or as recognized by judgment of a court establishing a common-law relationship.

(2) Health care will not be provided to a spouse who is receiving pension benefits from another public retirement system if the spouse has at one time received health care benefits from the other public retirement system.

(3) Dependent children are step-children that are residing in the same household as the retirant, natural children, or adopted children.

(4) The board may require documented proof of marriage or parenthood before approving spouse or dependent coverage.

(5) A spouse who has access to medical coverage through employment must secure it as primary coverage, regardless of cost. In the board’s discretion, this provision may be waived if the board deems the cost to be excessive. If the spouse has medical coverage through employment, the retirement system’s medical coverage may be secondary; however, the retirement system will still offer primary dental and vision coverage.

(6) The board reserves the right to deny coverage for failure to provide satisfactory proof of eligibility.

(7) Eligibility for dependent health care coverage is independent of eligibility for survivor benefits.

(C) Upon the death of a retirant or member, the surviving spouse, dependent children, and step-children are eligible for health care coverage, subject to the following conditions:

(1) A spouse is a wife or husband as set forth in a statutorily-valid certificate of marriage or as recognized by judgment of a court establishing a common-law relationship.

(2) Dependent children are natural or adopted children.

(3) Dependent step-children, residing in the same household as the retirant or member, who had coverage at the time of the retirant’s or member’s death, may continue coverage, provided the surviving spouse elects to continue coverage.

(4) In the event a surviving spouse remarries, health care coverage eligibility shall continue for the surviving spouse or any dependent step-children only if coverage existed prior to the remarriage.

(D) Only benefit recipients and covered dependents who are enrolled under one of the health care plans are eligible for prescription drug coverage.

(E) Nothing shall prohibit the board from implementing cost control measures as may be deemed necessary.

(F) Health care eligibility for dependent children of a deceased member or retirant shall terminate when pension benefit eligibility terminates.

(G) Health care eligibility for the spouse, dependent children, and step-children shall terminate under the following conditions:

(1) At the end of the month in which the spouse is no longer married to the benefit recipient.

(2) At the end of the month in which the child or step-child (a) is no longer a dependent of the retirant, (b) is no longer a full-time student, (c) marries, or (d) attains age twenty-three, whichever occurs first.

(H) Retirants and benefit recipients who are receiving benefits in accordance with sections 5505.16, 5505.17, and 5505.18 of the Revised Code and are insured under medicare part B will be reimbursed upon the receipt of evidence of coverage, for the lesser of the cost of coverage or an amount established by the board.

(1) Evidence shall consist of a copy of the health insurance card or other verification provided by the social security administration.

(2) The reimbursement amount for the following year shall be established by the board no later than the December meeting

(3) Reimbursement shall become effective no later than the first full month following receipt of evidence, and will be paid as a monthly addition to the pension checks.

(4) Reimbursement will not be made to benefit recipients who are eligible to receive reimbursement from another entity (e.g., employer, other public retirement system, etc.)

(I) Anyone who is eligible but who does not enroll for medicare part B coverage will have reduced coverage. Medical claims that would have been covered by medicare part B will not be covered.

(J) Anyone who is eligible for a benefit based only on an election in accordance with section 5505.162 of the Revised Code shall not be eligible for health care coverage or medicare part B reimbursement.

(K) An alternative payee under section 5505.261 of the Revised Code shall not be eligible for health care coverage or medicare part B reimbursement.

(L) A benefit receipient can not be covered by more than one public retirement system.

(M) If the cost of coverage through an employer, pursuant to paragraphs (A)(4) or (B)(5), exceeds twenty-five percent of gross wages, the retirant may apply for a hardship exemption on a form prescribed by the board.

(N) All provisions of this rule are subject to the current health care contracts and amendments.

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, 5505.28

Rule Amplifies: 5505.28

Prior Effective Dates: 10/1/1996, 6/1/1996, 12/1/1994, 3/15/1992, 2/1/1992, 11/1/1990, 2/1/1990, 1/1/1987

(A) An annual three percent cost of living benefit shall be added to the pension allowance of a benefit recipient.

(1) A service retirant shall become eligible the later of the first month following the retirant’s fifty-third birthday or the thirteenth month after the benefit commences.

(2) A disability retirant shall become eligible the earlier of the first month following the retirant’s fifty-third birthday or the sixty-first month following the effective date of retirement.

(3) A beneficiary receiving benefits in accordance with section 5505.162 or division (A)(3), (A)(4), (A)(5), (A)(6), or (A)(7) of section 5505.17 of the Revised Code shall become eligible the thirteenth month after the benefit commences.

(4) The pension allowance that a benefit recipient is receiving upon cost of living benefit eligibility shall become the base pension upon which all future cost of living increases are calculated, unless a new base amount is established.

(5) The date of the first cost of living increase shall be the anniversary date for any future cost of living increases.

Effective: 03/27/2006

R.C. 119.032 review dates: 10/01/2010

Promulgated Under: 111.15

Statutory Authority: 5505.07

Rule Amplifies: 5505.174

Prior Effective Dates: 10/1/1996, 12/1/1994, 11/02/1989, 01/01/1986

(A) Monthly benefit checks shall be processed for payment by the twenty-fifth of each month. Payment of benefits will be for the period ending the last day of the month in which benefits are paid.

(B) Monthly benefit checks shall be due and payable through the current month during which any one of the following events occur:

(1) Death of a benefit recipient,

(2) Marriage of a dependent child, or

(3) A dependent child becomes ineligible for extended benefits.

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

Rule Amplifies: 5505.16, 5505.17, 5505.18

Prior Effective Dates: 12/1/1987, 1/1/1986

Upon request of a member on a prescribed form, the retirement system shall refund that member’s accumulated employee contributions if the member ceased to be an employee of the state highway patrol for any reason other than death, disability retirement, deferred retirement, or service retirement.

Replaces: to replace 5505-7-07

Effective: 10/21/2005

R.C. 119.032 review dates: 10/01/2010

Promulgated Under: 111.15

Statutory Authority: 5505.07

Rule Amplifies: 5505.19

Prior Effective Dates: 2/2/1992, 1/1/1986

(A) For purposes of this rule:

(1) “Order” means an order described in section 3105.81 of the Revised Code.

(2) “Alternate Payee,” “benefit,” “lump sum payment,” and “participant” have the meanings set forth in divisions (A) to (D) of section 3105.80 of the Revised Code.

(B)

(1) Prior to receiving a payment, an alternate payee shall provide information on a form provided by the retirement system. An alternate payee shall notify the retirement system in writing of any change in the information.

(2) Any benefit or lump sum payment that is owed and unpaid to an alternate payee at the time of the alternate payee’s death shall be paid to the estate of the alternate payee.

(C) Pursuant to section 3105.90 of the Revised Code, an order shall be on the form prescribed by the appendix to this rule.

(D) On or after October 27, 2006, starting with a participant’s next annual benefit increase under section 5505.174 of the Revised Code, the annual increase shall be apportioned between the participant and the alternate payee while an order is in effect.

Appendix

See Appendix at http://www.registerofohio.state.oh.us/pdfs/5505/0/7/5505-7-08_FF_A_APP1_20070705_1042.pdf

Effective: 07/19/2007

R.C. 119.032 review dates: 06/04/2008

Promulgated Under: 111.15

Statutory Authority: 5505.04

Rule Amplifies: 5505.261, 3105.80, 3105.81, 3105.82, 3105.821, 3105.83, 3105.84, 3105.85, 3105.86, 3105.87, 3105.88, 3105.89, 3105.90

Prior Effective Dates: 08/22/03, 03/28/03, 01/02/02(Emer.)