Chapter 742-3 Retirement

742-3-01 Effective date of retirement.

Except as provided in section 742.37 or division (D) of section 742.38 of the Revised Code and paragraph (F) of rule 742-3-05 of the Administrative Code, the effective date of any monthly cash 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.

Effective: 11/20/2014
Five Year Review (FYR) Dates: 09/05/2014 and 11/20/2019
Promulgated Under: 111.15
Statutory Authority: 742.10
Rule Amplifies: 742.37, 742.38
Prior Effective Dates: 1/1/77, 7/24/86 (Emer.), 10/16/86, 9/16/98 (Emer.), 12/10/98, 7/17/04

742-3-02 Definition and usage of terminal pay and salary in benefit and pension calculations.

(A) For benefit calculation purposes, all payments made by an employer to an employee shall be reported to and considered by the Ohio police and fire pension fund ("OP& F") according to the definitions contained in section 742.01 of the Revised Code and this rule.

(B) "Terminal pay" includes, but is not limited to, the specific payments defined in this rule, subject to the other provisions of this rule.

(1) "Vacation or furlough pay" refers to sums paid to employees for periods during which they do not work, pursuant to normal employment arrangement. It also includes additional compensation paid to employees for foregoing vacation.

(2) "Sick leave" represents amounts paid directly by employers to employees for periods during which they do not work due to personal injury or sickness.

(3) "Personal leave" is paid leave other than vacation or sick leave. If its usage results in debiting another paid leave account for the employee, then it is not considered to be personal days, but is defined by the form of payment from the debited account.

(4) "Compensatory time" results from employees being credited for hours worked in excess of the employers' standard workday.

(5) "Holiday compensation" is payment received by an employee for a day that is customarily observed in the community in celebration of a historical or religious occasion, regardless of whether or not the employee works that holiday.

(6) "Longevity" is a regular, recurring payment received by an employee based on a years-of-service schedule.

(7) "Overtime" is payment received by an employee for duty-related work performed in excess of a standard workweek. For purposes of divisions (K)(3) and (L)(1) of section 742.01 of the Revised Code, the payroll period shall be determined by the employer's practice for reporting overtime, as documented by OP& F's books and records, but in no event shall the employer report overtime to OP& F more than sixty days after the date on which the overtime is worked .

(8) "Paid leave" is compensated leave received by an employee which is a combination of vacation and sick leave.

(9) "Combined leave" is paid leave received by an employee which is a combination of any leave described in paragraph (B) of this rule.

(10) "Hazard pay" is a regular payment received by an employee for employment in a high-risk occupation.

(11) "Stress pay" is a regular payment received by an employee to compensate for employment in a stressful occupation.

(12) "Premium pay" is payment received by an employee that is between his regular rate of pay and his overtime rate of pay.

(13) A "Kelly Day" is compensation paid to a member of OP& F which is not vacation, sick leave, or personal leave for a continuous period of off duty time for the purpose of reducing the hours worked in a week as specified by contract.

(C) Use of terminal pay in pension/benefit calculation

(1) Cost-of-living allowance (COLA) method: For each person whose effective date of retirement falls after July 24, 1986 who has not made an election under division (B) of section 742.3716 of the Revised Code to forego possible cost-of-living allowances in exchange for receiving a pension or benefit in which "terminal pay" has been used shall have his/her pension calculated under the terms outlined in this paragraph.

(a) An employee's receipt of cash for sick leave, personal leave, compensatory time, paid leave, vacation, and similar payments shall not be used in the calculation of pension and benefits, regardless of the COLA or non-COLA election.

(b) Holidays and longevity may be used in the calculation provided that payment occurs within one year of when it is earned, subject to the following limitation: in no event shall floating holidays and personal days/leave be included in the calculation, even if these items are included as part of the holiday and longevity pay provided for under an employee's contract.

(c) Subject to the provisions of paragraph (B)(7) of this rule, overtime must be used in the calculation if it is paid during the pay period in which it is earned or the pay period not later than sixty days after the overtime is earned.

(d) Hazard pay, stress pay, and similar special payments may be used in the calculation if paid within one year of the date it is earned.

(e) Combined leave shall be divided into its individual components, and each component will be treated as a separate leave item for calculation purposes.

(f) To be used in the calculation, a "Kelly Day" must be worked and the compensation for such worked "Kelly Day" must be paid in the pay period earned or the pay period immediately following.

(2) Non-cost-of-living (Non-COLA) method: If a member has elected to forego possible cost-of-living allowances under division (A) of section 742.3716 of the Revised Code by making an election under division (B) of section 742.3716 of the Revised Code, then terminal pay shall be incorporated in the calculation of a pension or benefit as herein described.

(a) Terminal pay actually earned during the period over which a pension or benefit is based shall be incorporated in the calculation base, and such terminal pay shall be subject to employee and employer contributions.

(b) Vacation, paid leave, sick leave, personal leave, and compensatory time alone are governed by the "first-in, first-out" principle.

(D) For purposes of calculating pensions and benefits, "salary," as defined in division (L) of section 742.01 of the Revised Code, is limited to compensation earned during the period over which a pension or benefit is based.

(E) For purposes of calculating pensions and benefits consistent with OP& F's past practices, "compensation for services outside the scope of the employee's regular employment" includes any compensation paid to members based on their length of service with the employer, including terminal pay (as defined in section 742.01 of the Revised Code and this rule) that is converted to additional compensation paid to the member upon the achievement of a certain length of service with the employer, but no longer characterized as terminal pay, and not included as part of the member's base pay from and after the entry into and exit from such salary program; provided, however, that if this compensation is rejected by OP& F for the calculation of a pension or benefit, OP& F will allow the member to unwind the conversion of any terminal pay to such additional compensation in order to include the terminal pay in the calculation of pensions and benefits, as permitted by the terms of sections 742.01 and 742.3716 of the Revised Code and this rule.

(F) Pursuant to the authority granted to the board in section 742.013 of the Revised Code, the definition of "salary" shall include amounts that exceed the salary benchmark determined in division (G) of section 742.01 of the Revised Code if such amounts are the result of a promotion in rank. Any other amounts that exceed the salary benchmark shall not be included in "salary."

Five Year Review (FYR) Dates: 5/31/2018 and 05/31/2023
Promulgated Under: 111.15
Statutory Authority: 742.10
Rule Amplifies: 742.01, 742.32, 742.37, 742.39
Prior Effective Dates: 01/01/1977, 05/12/1983, 07/24/1986 (Emer.), 10/16/1986, 03/19/1987, 08/04/1988, 07/19/1999, 02/07/2000 (Emer.), 05/01/2000, 03/09/2001 (Emer.), 04/09/2001 (Emer.), 05/24/2001, 04/28/2006, 01/07/2013 (Emer.), 03/24/2013

742-3-04 Disability benefit recipient's annual earnings statement.

(A) Unless the board's physician certifies that a disability benefit recipient's disability is ongoing according to the terms of the governing board policy and the board waives the requirement that a recipient file an annual statement of earnings, 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"). The statement must be on the form provided by OP& F. The section of the statement relating to employment, education, and earnings 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 and prescription drug benefits selected by the disability benefit recipient 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 and prescription drug benefits selected by the disability benefit recipient, 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 and health care benefits on the first day of the month immediately following OP& F's receipt of all past due annual earnings statements in proper form, subject to the terms of health care and prescription drug benefits selected by the disability benefit recipient, if any, and the recipient shall be entitled to retroactive coverage of disability and health care benefits during that time in which the benefits were suspended. In such event, the disability benefit recipient shall fully cooperate with OP& F on the coordination of claims filed for medical expenses incurred during such suspension period. Notwithstanding the reinstatement of disability and health care benefits, OP& F shall not be obligated to restore the identical benefits previously provided to the disability benefit recipient, if such benefits are not available at the time of such disability benefit recipient's reinstatement of medical expense benefits, and OP& F shall not be obligated to pay for certain medical expenses that were incurred after the effective date of the disability benefit recipient's suspension, and in such event, OP& F shall not be responsible for any additional out-of-pocket expenses and deductibles incurred by the disability benefit recipient arising out of such replacement benefits.

(3) Notwithstanding the foregoing terms of this paragraph , OP& F shall not suspend dental and vision benefits of such non-complying disability benefit recipient provided and for so long as the disability benefit recipient pays the monthly costs of such benefits in advance to OP& F within thirty days after OP& F sends an invoice to the disability benefit recipient.

(E) If the disability benefit recipient files the required annual earnings statement in proper form with OP& F on or before December first of the following year in which it was due (i.e. fifteen months after the original due date), OP& F will reinstate the recipient's disability benefits and the health care and prescription drug benefits selected by the disability benefit recipient, if any, subject to the terms of the health care plan sponsored by OP& F. In such event, the disability and health care and prescription drug benefits selected by the disability benefit recipient, if any, shall be paid retroactively and, in such event, the disability benefit recipient shall fully cooperate with OP& F on the coordination of claims filed for medical expenses incurred during such suspension period. Notwithstanding the reinstatement of disability and health care and prescription drug benefits selected by the disability benefit recipient, if any, OP& F shall not be obligated to restore the identical benefits previously provided to the disability benefit recipient, if such benefits are not available at the time of such disability benefit recipient's reinstatement of health care and prescription drug benefits selected by the disability benefit recipient, if any, OP& F shall not be obligated to pay for certain medical expenses that were incurred after the effective date of the disability benefit recipient's suspension. In such event, OP& F shall not be responsible for any additional out-of-pocket expenses and deductibles incurred by the disability benefit recipient arising out of such replacement benefits.

(F) If the disability benefit recipient has not filed the required annual earnings statement in proper form with OP& F on or before December first of the following year in which it was due, then the disability benefits shall be forfeited in accordance with the terms of division (D) of section 742.40 of the Revised Code and the health care and prescription drug benefits selected by the disability benefit recipient, if any, shall be forfeited in accordance with section 742.45 of the Revised Code, with such forfeiture being effective as of the date of the original suspension, as referenced in a writing provided to the recipient from OP& F.

(G) For purposes of determining whether the recipient has refused to comply with the provisions of division (D) of section 742.40 of the Revised Code and this rule, OP& F may conclusively rely upon OP& F's books and records.

(H) All notices to the disability benefit recipient provided for under this rule shall be either delivered personally, sent by express delivery service, certified mail or first class U.S. mail, postage prepaid and addressed to the disability benefit recipient at the most recent address set forth in such recipient's file with OP& F, or to such other address as the disability benefit recipient shall thereafter designate by proper notice in accordance with this paragraph. All notices to OP& F shall be addressed at its principal place of business.

(I) For purposes of this rule, "Disability Benefit Recipient" shall mean the member of OP& F who is receiving a disability benefit pursuant to division (C)(2), (C)(3), (C) (4), or (C)(5) of former section 742.37 of the Revised Code or section 742.38 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: 742.37, 742.38, 742.40, 742.45
Prior Effective Dates: 11/30/1995 (Emer.), 02/10/1996, 09/08/1997, 09/16/1998 (Emer.), 12/10/1998, 07/17/2004, 02/04/2013

742-3-05 Disability benefits procedure.

(A) For purposes of divisions (C)(2), (C)(3), (C)(4), and (C)(5) of former section 742.37 of the Revised Code and section 742.38 of the Revised Code and this rule, the following terms shall have the meanings set forth herein:

(1) "Board," shall mean the board of trustees of the Ohio police and fire pension fund ("OP& F").

(2) "Applicant" shall mean a member of OP& F who has filed any type of application for disability retirement benefits or any person who has filed such application on behalf of an incapacitated member in accordance with division (B) of section 742.38 of the Revised Code and rules 742-3-12 and 742-3-13 of the Administrative Code and who does not have benefits vested under the deferred retirement option plan under section 742.444 of the Revised Code.

(3) "Disability benefit recipient" shall have the meaning described in division (A) of section 742.40 of the Revised Code.

(4) "On-duty illness or injury" means an illness or injury that occurred during or resulted from the performance of official duties under the direct supervision of a member's appointing authority.

(5) "Off-duty illness or injury" means an illness or injury that did not occur during or result from the performance of official duties under the direct supervision of a member's appointing authority. Unless the illness or injury meets the presumption criteria outlined in division (A) of section 742.38 of the Revised Code or competent and credible evidence is submitted to OP& F, a disability condition is presumed to be the result of an off-duty illness or injury.

(6) "Permanent disability" means a condition of disability with respect to which the board finds that there is no present indication of recovery or those presumptive conditions set forth in division (D)(3) of section 742.38 of the Revised Code, which shall be determined through the medical reports filed with OP& F, as required by the terms of division (A)(1) of section 742.38 of the Revised Code and rule 742-1-02 of the Administrative Code.

(7) "Total disability" shall have the meaning set forth in division (D)(1)(a) of section 742.38 of the Revised Code.

(8) "Partial disability" shall mean a condition of disability with respect to which the board finds the applicant is prevented from performing the member's official police or fire duties and member's earnings capacity is impaired.

(9) "Guides" shall mean the American medical association's "Guides to the Evaluation of Permanent Impairment, fifth and sixth editions."

(10) "Occupational characteristics" shall mean the U.S. department of labor's occupational characteristics for police officer (government service) and fire fighter (any industry) positions as the standards for determining the presence or absence of disability.

(11) "Medical Advisor," as referred to in this rule, shall mean the expert physician appointed by OP& F's board of trustees who advises the board during its deliberations of appeals of decisions relating to disability applications.

(12) "Vocational Expert," as referred to in this rule, shall mean the expert in vocational evaluations appointed by OP& F's board of trustees who advises the board during its deliberations of appeals of decisions relating to disability applications.

(13) "Disability evaluation panel (DEP)" shall mean that panel established by the board to make written recommendations to the board on pending disability applications. The DEP shall be comprised of three voting members and at least two non-voting members. The three voting members of the DEP shall be members of the board, who shall be the members of the disability committee, who shall be appointed to such committee by the chairman of the board, and shall be comprised of one active firefighter trustee, one active police officer trustee, and one retiree trustee. The non-voting members of the DEP shall be comprised of expert physicians, including the alternate, all of whom are appointed by the board of trustees and at least one of the non-voting members shall be an expert in vocational evaluations, including the alternate, who shall provide vocational assessments of disability applicants to the DEP. The alternate non-voting member of the DEP shall be a physician appointed by the board of trustees and shall serve in the place of a non-voting member of the DEP in the absence or incapacity of any other non-voting physician member of the DEP.

(14) "DEP medical advisor," as referred to in this rule, shall mean the expert physician appointed by the board of trustees to advise the DEP during its deliberations of initial disability applications and post-retirement disability reconsiderations, who shall be a different physician than the medical advisor.

(15) "DEP vocational expert," as referred to in this rule, shall mean the expert in vocational evaluations appointed by the board of trustees to advise the DEP during its deliberations of initial disability applications and post-retirement disability reconsiderations, who shall be a different evaluator than the vocational expert.

(16) "Forms" shall mean the forms created, approved, and/or provided by OP& F for the administration of benefits found on the OP& F website at http://www.op-f.org.

(B) Impairment and disability evaluation criteria:

(1) OP& F staff shall work with its advisors and/or physicians who are members of the DEP and shall assign a competent and disinterested physician and expert in vocational evaluations to conduct medical examinations for purposes of determining a member's disability, as provided by law, medical impairment and eligibility for disability retirement benefits.

(2) In evaluating a member's disability, as provided by law, medical impairment and eligibility for disability retirement benefits, the DEP and the board will use the official duties provided by the employer, but in the event such information is not provided by the employer or does not clearly define the applicable job duties, the board and the DEP shall use the criteria contained in the "guides", the occupational characteristics adopted by the board and the criteria set forth in division (D) of section 742.38 of the Revised Code.

(3) In evaluating a member's eligibility for disability retirement benefits, the physicians, the expert in vocational evaluations, the DEP, and the board shall consider the member's potential for retraining and reemployment and the eligibility criteria set forth in division (D) of section 742.38 of the Revised Code so that the person's ability to be retrained and reemployed shall include any positions, not just police or fire positions.

(4) The consideration of a member's application shall be limited to the disabling condition(s) listed in the application if supporting medical documentation is provided to OP& F or disclosed by the examination of the physician(s) selected by OP& F. The DEP and the board shall consider and base its findings and recommendations on all competent evidence made available to it, including medical testimony, opinions, statements, and medical reports submitted by the member's employer under section 742.38 of the Revised Code and rule 742-1-02 of the Administrative Code.

(5) One of the physician non-voting members of the DEP and one of the non-voting members of the DEP who is an expert in vocational evaluations shall submit to the board's disability committee or DEP a written recommendation on each application evaluated followed by a report incorporating a summary of findings, as outlined in the DEP operating guidelines, which is approved by the board of trustees, along with their medical opinion as to whether or not the disabling condition results from an on-duty illness or injury and is waiverable under the DEP operating guidelines for the DEP physicians and the vocational evaluation from the DEP vocational expert.

(6) In reviewing applications for disability benefits, the DEP and the board shall rely upon the medical opinions of the DEP physicians and OP& F's medical advisor, who have given due consideration of medical and other evidence presented to OP& F.

(C) Initial application.

(1) Applications for disability benefits shall be made on the disability application form approved by the board and must be in proper form in order to be processed. The member shall provide necessary substantiating documentation, including but not limited to pertinent hospital records, statements from attending physicians, departmental injury reports, the results of any special diagnostic tests, notice of allowed workers' compensation claims, and any pre-employment physicals or records required or requested under section 742.38 of the Revised Code and rule 742-1-02 of the Administrative Code.

(2) OP& F shall notify the member's employer that an application has been filed and will send a courtesy copy of such notice to the member within fourteen days after receiving an application for disability benefits from a member or a person acting on behalf of a member, as required by the terms of division (B) of section 742.38 of the Revised Code. The notice shall state only the position or rank, as required by the terms of division (B) of section 742.38 of the Revised Code.

(3) For those notices sent under paragraph (C)(2) of this rule, the member's employer shall forward to the board a statement certifying the job description for the position or rank and any other information required by the board to process the application and such report or statement shall be filed with the board not later than twenty-eight days after the employer's receipt of the notice referred to in paragraph (C)(2) of this rule or filing an application on behalf of a member, whichever is the first to occur.

(4) The member's employer shall forward the physician's report of the member's physical examination taken on entry into the police or fire department, as more fully provided in division (A)(1) of section 742.38 of the Revised Code. If the employer fails to forward such report to OP& F on or before the date that is sixty days after the member becomes an OP& F member, division (A)(2) of section 742.38 of the Revised Code requires OP& F to assess against the employer a penalty determined under section 742.353 of the Revised Code and rule 742-8-08 of the Administrative Code. Even though a member may not have a disabling condition that is presumed, by law, to have been incurred in the member's performance of his/her official duties, that does not foreclose the member from being awarded a service-incurred disability grant.

(5) OP& F shall schedule the member covered by the pending disability benefit application for examination by at least one medical examiner and one expert in vocational evaluations designated by OP& F, unless it is medically inadvisable to do so.

(a) Payment of any fees connected with the acquisition of records or the preparation of reports of the attending physicians shall be the responsibility of the member.

(b) Payment of any fees connected with the preparation of report of the examining physicians or vocational evaluators of OP& F shall be the responsibility of OP& F.

(6) When all the necessary medical reports and records have been received by OP& F, including those reports required or requested under paragraphs (C)(3) and (C)(4) of this rule, OP& F shall schedule such application for review and consideration by the DEP, who shall make a written recommendation to the board based upon the criteria set forth in paragraph (B) of this rule. The board, based on the written recommendation of the DEP, will then consider the application and make an initial determination of disability. The board may:

(a) Grant a disability benefit;

(b) Deny disability benefits; or

(c) Postpone determination, pending an additional examination, or the submission of additional fact.

The member covered by a pending disability retirement application may withdraw the application through a written authorization filed with OP& F at any time prior to the board's award of the initial determination of disability. To the extent that a pending disability application is withdrawn by a member, the withdrawn application shall not be presented to the DEP or the board, depending on when it's received by OP& F.

(7) Copies of the reports of the independent medical and vocational evaluators will be sent to the member and the member's agent upon their request, unless the release of such reports is otherwise prohibited by law. The DEP recommendations will not, however, be released until the board has made an initial determination of disability. For purposes of the initial determination hearing, OP& F will not consider any documents from a member or a member's agent that seek to rebut or comment on the reports of the independent medical and vocational evaluators.

(8) Any disability benefit award determined by the board shall be effective as of the date that the board made its initial determination of disability on such pending disability retirement application.

(9) The member covered by the pending disability retirement application shall be notified of the board's initial determination of disability within thirty days after the board's final action and such notice shall be sent by certified mail, return receipt requested. The member covered by the pending disability retirement application shall be advised of his or her right to:

(a) Accept the benefit grant;

(b) Waive the benefits and continue working; or

(c) Appeal the initial determination of the board.

(D) Acceptance or waiver of benefits.

Not later than ninety days after receipt of the notice of the board provided for in paragraph (C), (E), or (F) of this rule, the disability benefit recipient shall accept or waive the board's determination of disability on the disability benefit election form provided by OP& F. For purposes of making the determination whether the disability applicant has accepted or waived the board's determination of disability, the fund may conclusively rely upon the fund's books and records.

(1) If no such election is filed with OP& F within the ninety-day time period provided in paragraph (D) of this rule, the award shall be rescinded.

(2) Subject to the requirement set forth in paragraph (D) of this rule, if a member accepts the award and then fails to establish an effective date of retirement by terminating police or fire employment within ninety days of receipt of notice of the board's determination of disability, as provided under paragraph (C)(9) or (E)(5) of this rule, the disability benefit shall be rescinded.

(3) A member whose benefits are rescinded pursuant to paragraph (D)(1) or (D)(2) of this rule shall not be foreclosed from later filing another disability benefit application with OP& F and any subsequent applications shall be treated as a new application for disability benefits, except to the extent that such member does not meet the eligibility requirements set forth in division (D) of section 742.38 of the Revised Code.

(E) Appeal of initial determination.

(1) Upon a member's appeal of the board's initial determination of disability, the board shall be advised by its medical advisor and vocational expert. The board shall not be under any obligation to adopt the recommendation of its medical advisor or vocational expert if there is some evidence to support a contrary finding.

(2) A member who wishes to appeal the board's initial determination of disability shall file the notice of disability appeal form provided by OP& F within ninety days of receipt of the board's initial determination of disability referred to in paragraph (C)(6) of this rule. The notice of appeal must contain the member's name, social security number and a brief description of the decision upon which the appeal is based.

(3) Within sixty days of filing of the notice of appeal, the member shall file with OP& F any new evidence not previously considered by the board on the initial disability application. Failure to submit supporting materials or to request an extension of time within which to do so will be sufficient cause for the director of member services to dismiss the appeal provided OP& F gives the member prior written notice of such dismissal and a deadline date by which all materials must be filed with OP& F and the member fails to file the required documentation with OP& F before the designated deadline. Upon application to OP& F before the expiration of the original sixty day period referred to in this paragraph, the director of member services, for good cause shown, may grant the appellant an extension of sixty days within which to file supporting materials. The director of member services may grant the appellant an additional extension based on a recommendation from the DEP medical advisor that there is solid evidence of a medical reason to grant the extension for a period of time recommended by the DEP medical advisor. In no event shall the hearing be postponed more than three times and in no event shall the extensions, in the aggregate, exceed one year.

(4) Depending on the basis for the appeal and the new evidence submitted by the member, OP& F may request that the member undergo a new medical examination and/or vocational evaluation by an OP& F-appointed examining physician and/or vocational evaluator. OP& F may also provide the new evidence to the original OP& F-appointed examining physician and/or vocational evaluator and request that they review the new evidence and provide OP& F with an addendum to their original reports. The new evidence submitted by the member and any additional medical and/or vocational reports, including addendum reports, shall be forwarded to the board's medical advisor and vocational expert for review and consideration. The medical advisor and vocational expert will then provide recommendations to the board regarding the member's disability application.

(5) Upon receipt of the recommendations from the medical advisor and vocational expert, the board shall schedule a hearing on the appeal and shall give the appellant reasonable notice of the date, time and place thereof in writing. Such hearings shall be scheduled within sixty days of the receipt of the reports of the medical advisor and vocational expert. Any hearing may be postponed or continued by the board, either upon application of the appellant or on its own motion. The appellant shall be given the opportunity to be present, with counsel or other representation if he or she chooses, at the hearing. A recording of the hearing will be made to provide the board and the medical advisor with a record for further review. Such recording of the hearing shall be available to the disability applicant and to those individuals who are authorized by the disability applicant to receive such information on the authorization to release medical records form provided by OP& F.

(6) Following the hearing on appeal, the board may choose to:

(a) Affirm the original determination of disability;

(b) Modify the original determination of disability;

(c) Deny the disability application; or

(d) Postpone a decision pending additional examinations or documentation.

The board's decision on appeal shall be the final determination of the initial disability application, subject to the foregoing time limitations on extensions that can be granted.

(7) The applicant shall be advised of the board's action within thirty days after the board's final determination of disability and such notice shall be sent by certified mail, return receipt requested. The member covered by the disability appeal shall be advised of the member's right to:

(a) Accept the benefit granted;

(b) Waive the benefit and continue working; or

(c) File a mandamus action.

(F) Post-retirement disability reconsideration.

(1) A member who is receiving a less than maximum partial disability and who believes that deterioration of the disabling physical or mental condition awarded by the board has increased the amount of disability, may apply for a reconsideration. Such application shall be on the disability reconsideration application form prepared by OP& F, which shall be dealt with on not less favorable terms than the process used by the DEP for recommendation to the board on initial determinations of disability. The member shall supply substantiating documentation including:

(a) Recent medical reports and physician's statements;

(b) A wage statement including taxable earnings for the last five years of retirement, primary employers and occupations, and rehabilitation and training programs pursued.

(2) The DEP shall review such evidence and shall make a written recommendation to the board. The board shall, based on the written recommendation of the DEP, review the evidence submitted, and may decide to:

(a) Deny the application for reconsideration;

(b) Approve the application and modify the disability benefit effective the first of the month following the decision; or,

(c) Postpone a determination of the application pending further physical examination, or further documentation.

The board's decision shall be the final determination of an application for reconsideration.

(3) The member shall be advised of the board's final determination within thirty days after the board's final action and such notice shall be sent by certified mail, return receipt requested. The letter shall include notice of the member's right to request a new reconsideration, but the board will consider only one application for reconsideration from a member during any twelve-month period.

(G) Notwithstanding anything herein to the contrary, once a member has deposited, negotiated, or cashed a disability benefit check from OP& F, accepted health care benefits from OP& F from and after the date of the board's initial determination of disability, or failed to withdraw his/her retirement application, as outlined in rule 742-3-17 of the Administrative Code, that member may not apply for any new, increased, or additional benefit for the disabling condition(s) described in such application, except for a member who is granted an off-duty disability less than the maximum amount permitted under division (D)(4) of section 742.38 or former division (C)(5) of section 742.37 of the Revised Code, or a member who had fewer than twenty-five years of service credit and was granted a partial disability in an amount less than the maximum permitted by division (D)(2) of section 742.38 or former division (C)(3) of section 742.37 of the Revised Code, may apply for an increase in payments to the maximum amount provided by those sections upon evidence of deteriorating earning capacity. Any subsequent request by that member shall be treated as a new application under this rule. In addition, a member may elect to receive interim payments without waiving the member's right to appeal a disability award, as provided for in paragraph (E) of this rule.

(H) Additional medical treatment:

(1) As a condition to granting an applicant disability benefits or continuing disability benefits under an existing award, as provided in division (B) of section 742.40 of the Revised Code, the member shall agree in writing to obtain any medical treatment recommended by the board's physician(s) and submit the required medical reports over the course of the treatment period.

(2) Such additional medical treatment shall be of common medical acceptance and readily available, and may include, but is not limited to, medicine, alcohol and/or drug rehabilitation, or mechanical devices.

(3) Such additional medical treatment must be an allowable medical expense under OP& F's medical expense benefits program.

(I) If the member fails to:

(1) Obtain the recommended treatment required under division (B) of section 742.40 of the Revised Code, as referenced in paragraph (H) of this rule,

(2) File the required medical report or

(3) Comply with the required treatment regimen, the board may suspend the awarded disability benefits and medical expense benefits upon ninety days prior written notice to the disability benefit recipient.

(a) If the disability benefit recipient fails to comply within the aforementioned ninety day notice period, the suspension of medical expense benefits and disability benefits shall be effective on the first day of the month immediately following the expiration of such notice period until the treatment is obtained, the required report is received by the board, or the board's physician certifies that the treatment is no longer helpful or advisable.

(b) In the event the disability benefit recipient complies within the aforementioned ninety day notice period or the board's physician certified that the treatment is no longer helpful or advisable, the fund will not suspend the disability benefit recipient's medical expense benefits and disability benefits.

(J) If, after the aforementioned ninety day notice period, referred to in paragraph (I) of the rule, the disability benefit submits to the requested treatment, submits the required reports, or complies with the required treatment regimen or the board's physician certifies that the treatment is no longer helpful or advisable, the fund will reinstate the disability and medical expense benefits of such disability benefit recipient, effective as of the first day of the month immediately following the month in which the past due statement(s) were received in proper form by the fund. In such event, the disability benefit recipient shall fully cooperate with the fund on the coordination of claims filed for medical expenses incurred during such suspension period. Notwithstanding the reinstatement of disability and medical expense benefits provided for in this paragraph, the fund shall not be obligated to restore the identical benefits previously provided to the disability benefit recipient, if such benefits are not available at the time of such disability benefit recipient's reinstatement of medical expense benefits under the applicable health care plans, and the fund shall not be obligated to pay for certain medical expenses that were incurred after the effective date of the disability benefit recipient's suspension, including, but not limited to dental, vision, and prescription expenses, and in such event, the fund shall not be responsible for any additional out-of-pocket expenses and deductibles incurred by the disability benefit recipient arising out of such replacement benefits.

(K) If the refusal to submit to the medical examination, as required by the terms of division (C)(2) of section 742.40 of the Revised Code and such failure continues for one year, whether documented by the fund's books or records or as presumed as provided in rule 742-3-10 of the Administrative Code, then the disability benefit recipient's disability and medical expense benefits shall be forfeited, as required by the terms of division (C)(2) of section 742.40 of the Revised Code effective as of the date of the original suspension, as referenced in a writing provided to the disability benefit recipient from the fund or the board.

(L) For purposes of determining whether the recipient has refused to comply with the provisions of this division (C)(2) of section 742.40 of the Revised Code and this rule, the fund may conclusively rely upon the fund's books and records.

(M) Except as expressly provided in this rule or section 742.40 of the Revised Code, all notices to the disability benefit recipient or applicant shall be either delivered personally, sent by express delivery service, certified mail, or first class U.S. mail, postage prepaid and addressed to the disability benefit recipient at the most recent address set forth in such recipient's file with the fund, or to such other address as the disability benefit recipient shall thereafter designate by proper notice in accordance with this paragraph. All notices to the fund or the board shall be addressed at its principal place of business. Except as otherwise specifically provided for in this rule, notices will be deemed given as of the earlier of:

(1) The date of actual receipt;

(2) The next business day when notice is sent via express mail or personal delivery; or

(3) Three days after mailing in the case of first class or certified U.S. mail.

(N) If an initial application for disability, an appeal, or a post-retirement application has been filed pursuant to paragraph (C), (E), or (F) of this rule and the supporting documentation has not been filed with OP& F or the applicant has not taken any action to prosecute his/her claims within six months of the filing with OP& F, the director of member services shall have full authority to dismiss the application, appeal, or post-retirement application, as the case may be, for failure to prosecute the claim provided OP& F gives ninety days prior written notice to the member of the need to file certain documentation with OP& F and the member fails to file the necessary documentation with OP& F before the expiration of such ninety day time period.

(O) In determining whether a member had a physical examination before entry into the department, as required in division (D)(3) of section 742.38 of the Revised Code, OP& F shall use the following criteria:

(1) For disability benefit applicants who became "members" of OP& F prior to September 16, 1998, OP& F will consider the physical examination requirement set forth in division (D)(3) of section 742.38 of the Revised Code to have been met if OP& F receives the following:

(a) A writing signed by a licensed physician that documents the examination of the member prior to his/her entry into the police or fire department, as the case may be, and the writing is dated prior to the person becoming a "member" of OP& F, as such term is defined in division (E) of section 742.01 of the Revised Code or the person's entry into the department where the person is employed at the time of the filing of the disability application, provided such date is not more than nine months prior to such date; and

(b) The writing signed by a licensed physician does not document the existence of any heart disease or any cardiovascular or respiratory disease.

If the foregoing conditions are met, OP& F will then grant the disability applicant a disability that is presumed to be on-duty, as provided for in section 742.38 of the Revised Code.

(2) For disability benefit applicants who became "members" of OP& F after September 16, 1998, OP& F will consider the physical examination requirement set forth in division (D)(3) of section 742.38 of the Revised Code to have been met if the physician's report meets the requirements set forth in paragraph (A)(3) of rule 742-1-02 of the Administrative Code prior to the person becoming a "member" of OP& F or before the person's entry into the department where the person is employed at the time of the filing of the disability application, the physician's report does not diagnose the existence of any heart disease or any cardiovascular or respiratory disease.

If the foregoing conditions are met, OP& F will then grant the disability applicant a disability that is presumed to be on-duty, as provided for in section 742.38 of the Revised Code.

(3) In the event the record of a member's pre-employment physical is lost, destroyed or unavailable, the board may waive the requirement that the absence of disease be evidenced by a physical examination prior to employment as described in paragraphs (O)(1) and (O)(2) of this rule if there is competent medical evidence, as determined by the board's physicians and/or medical advisor, that the cardiovascular or respiratory disease was not evident prior to or at the time of entry into the department.

(4) For members who do not meet the criteria set forth in division (D)(3) of section 742.38 of the Revised Code and this rule, this will not preclude the member from being granted a duty-related disability if the member is able to document that the disability resulted from the performance of the member's official duties as a member of the police or fire department, as the case may be.

(P) Firefighter cancer presumption:

(1) In order to be eligible for the presumption described in division (D)(3)(b) of section 742.38 of the Revised Code, a member of a fire department who is applying for disability with cancer as an alleged disabling condition shall complete a questionnaire on a form provided by OP& F. The questionnaire shall be submitted to OP& F at the time of the initial application for disability benefits.

(2) If the member certifies on the questionnaire required by paragraph (P)(1) of this rule that he or she was assigned to at least six years of hazardous duty as a member of a fire department and has had any exposure to an agent classified by the international agency for research on cancer or its successor agency as a group 1 or 2A carcinogen, the member shall provide OP& F with all documentation in support of such certification, including exposure reports, incident reports, shift logs, approved workers compensation claims, or other similar documentation.

(3) The cancer presumption can be rebutted by evidence that demonstrates that the cancer was not incurred in the line of duty. Such evidence includes, but is not limited to, documentation which shows that the member:

(a) Incurred the cancer before becoming a member of a fire department;

(b) Used cigarettes or other tobacco products, and such usage was a significant factor in the cause or progression of the cancer;

(c) Was not assigned to at least six years of hazardous duty as a member of a fire department, or twenty years or more have passed since the member was last assigned to hazardous duty as a member of a fire department;

(d) Has not had any exposure to an agent classified by the international agency for research on cancer or its successor agency as a group 1 or 2A carcinogen;

(e) Incurred the cancer as a result of employment or business that is secondary to his or her employment as a member of a fire department;

(f) Is not receiving workers compensation for a cancer diagnosis; and

(g) Has undergone genetic testing which indicates a predisposition for contracting certain cancers.

(4) As part of the information that an employer is required to submit to OP& F under division (B) of section 742.38 of the Revised Code, the employer shall certify the following:

(a) Whether or not the member was assigned to at least six years of hazardous duty as a member of a fire department, and provide the dates of all hazardous duty assignments, if available; and

(b) Whether or not the member has had any exposures to an agent classified by the international agency for research on cancer or its successor agency as a group 1 or 2A carcinogen.

Effective: 6/22/2017
Five Year Review (FYR) Dates: 04/06/2022
Promulgated Under: 111.15
Statutory Authority: 742.10
Rule Amplifies: 742.38, 742.353
Prior Effective Dates: 1/1/77, 5/12/83, 7/26/86 (Emer.), 10/16/86, 10/12/89, 7/28/95, 10/15/97, 10/10/98 (Emer.), 3/29/99, 5/1/00, 10/23/00, 3/19/01, 9/7/01 (Emer.), 11/23/01, 3/22/04, 2/16/06, 7/24/08, 10/16/08 01/22/09, 8/2/10 (Emer.), 10/17/10, 06/07/2013, 12/26/2013, 01/20/2016 (Emer.), 04/07/2016

742-3-06 Calculation of on-duty disability benefits on less than the requisite years of salary.

(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

742-3-07 Optional plan of payment.

(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.

(C) For purposes of "notice" of the death of a beneficiary nominated under division (A)(1), (A)(2), or (A)(4) of section 742.3711 of the Revised Code, OP& F shall cancel such nomination upon receipt of a phone call provided appropriate documentation is provided to OP& F within ninety days of such phone call. In the event appropriate documentation is not provided within such ninety day time period, OP& F shall reinstate the nomination of the beneficiary until such time as OP& F receives the appropriate supporting documentation on the death of the beneficiary.

(D) Upon the marriage or remarriage of a retirant who had selected any plan of payment other than that set forth under division (A)(3) of section 742.3711 of the Revised Code, the retirant may elect to cancel the plan of payment selected at retirement and to elect an optional plan of payment under division (A)(1) or (A)(2) of section 742.3711 of the Revised Code, provided that the beneficiary nominated be the retirant's spouse. In cases where the member has elected multiple beneficiaries under division (A)(4) of section 742.3711 of the Revised Code, rule 742-3-27 of the Administrative Code (reselection of beneficiaries upon remarriage) shall apply.

(E) The allowance payable under the optional plan of payment selected or reselected under this rule shall be based on the annuity factors tables in effect and the ages of the retirant and beneficiary at the time of plan selection.

(F) Except as provided in paragraph (D) of rule 742-7-08 of the Administrative Code, upon the death of a person who selected a joint and survivor annuity plan of payment or a life annuity certain and continuous, the nominated beneficiary is entitled only to the monthly allowance calculated at the time of plan selection. Any increases in the retirant's pension after the effective date of the selection does not serve to increase the annuity payment payable to the beneficiary unless the cost-of-living increase was paid to the retirant under section 742.3711 or section 742.3716 of the Revised Code.

(G) If a member of the fund who has an application for retirement pending with OP& F dies after severing police or fire employment, but before negotiating his/her first pension or benefit payment, then OP& F shall act on his/her application for retirement, unless section 742.3711 of the Revised Code or any successor provision prohibits otherwise. If OP& F acts favorably on the application for benefits then the surviving beneficiary nominated by the decedent under section 742.3711 of the Revised Code shall be paid a monthly annuity under the optional payment plan selected by the decedent. If the decedent had selected no payment plan, single life annuity plan, or a plan of payment that provided less than fifty per cent to the spouse and no written spousal consent was provided in the form required by section 742.3711 of the Revised Code for the selection of a single life annuity plan or a plan of payment that provided less than fifty per cent to the spouse, then either the spouse, or contingent dependent beneficiary if there be no surviving spouse, shall be paid an annuity if otherwise eligible under section 742.3714 of the Revised Code or the spouse shall be paid an allowance under division (A)(2) of section 742.3711 of the Revised Code continuing one-half of the retirant's lesser retirement allowance.

(H) If a married member selects a retirement allowance under a single life annuity plan or under division (A)(2) of section 742.3711 of the Revised Code continuing less than one-half of the lesser retirement allowance to the surviving spouse or under division (A)(3) of section 742.3711 of the Revised Code, OP& F shall process the application based on a fifty per cent plan of payment payable to the member's spouse until the member's spouse submits a written statement in the form required in section 742.3711 of the Revised Code consenting to the member's selection of a payment plan which continues, if anything, less than one-half of the lesser retirement allowance to the surviving spouse for life. If the member fails to file the written consent by the "Effective Date", OP& F shall pay the retirement allowance in accordance with division (A)(2) of section 742.3711 of the Revised Code.

As provided by division (D)(3) of section 742.3711 of the Revised Code, the board may waive the spousal acknowledgment required under division (D)(2) of section 742.3711 of the Revised Code upon receipt of any of the following:

(1) The written statement of the spouse's physician certifying that the spouse is medically incapable of consenting to the plan of payment elected by the applicant; or

(2) The affidavits of the applicant and at least two other persons, one of whom must be unrelated to the applicant, attesting that the whereabouts of the spouse is unknown, provided that OP& F receives from the member a signed indemnification agreement in favor of OP& F for any losses or damages suffered by OP& F resulting from its reliance on inaccurate or incorrect statements provided for in such affidavit or written statement that served as a basis for the waiver under division (D)(3) of section 742.3711 of the Revised Code and this paragraph (I) and such indemnification agreement is in a form satisfactory to OP& F.

(I) For purposes of determining the priority of court orders issued prior to the effective date of the member's retirement under section 3105.171 or 3105.65 of the Revised Code or the laws of another state regarding the division of marital property that require the member to elect a plan of payment set forth in division (A)(4) of section 742.3711 of the Revised Code and designate a former spouse as beneficiary, OP& F shall process such court orders in the order in which they are received by OP& F. In no event shall the member's lesser allowance or portion of the lesser retirement allowance be paid to more than four surviving beneficiaries.

(J) For purposes of this rule, "Effective Date" or "effective date of retirement" shall mean the later of the date on which the member can no longer withdraw his/her retirement application, as outlined in rule 742-3-17 of the Administrative Code, or the date on which the member is no longer receiving an "interim benefit", as defined in rule 742-3-08 of the Administrative Code.

Five Year Review (FYR) Dates: 10/5/2017 and 07/19/2022
Promulgated Under: 111.15
Statutory Authority: 742.10
Rule Amplifies: 742.3711
Prior Effective Dates: 02/05/1980, 11/10/1984, 06/07/1985, 05/21/1987, 12/30/1990, 04/10/2002 (Emer.), 07/11/2002, 10/20/2006, 10/26/2006 (Emer.), 07/19/2012

742-3-08 Interim payments.

(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 negotiated, the member can no longer purchase or reinstate any service credit. For purposes of this rule, negotiation will include the member or the member's authorized agent cashing, negotiating, or depositing of the warrant issued to the member.

(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.

(D) As required by law, the board shall require that the interim payment amount for a married member be reduced based on the member ultimately selecting a plan of payment naming the member's spouse as beneficiary, unless the spouse consents to a different designation, or former spouse as beneficiary as required by a court order, but subject to the limitations outlined in section 742.3711 of the Revised Code and rules 742-3-07 and 742-3-24 of the Administrative Code. A member who is receiving an interim payment can change an annuity payment plan selection at any time prior to negotiating the first adjusting or regular benefit payment that represents the final benefit amount payable to the member, but subject to the limitiations outlined in section 742.3711 of the Revised Code and rules 742-3-07 and 742-3-24 of the Administrative Code.

(E) No interim payment can be made to a member unless the member's former employer has certified the last day the member earned compensation by virtue of working or using accumulated leave to remain on active payroll status.

(F) The receipt of an interim payment has no effect whatsoever on any election made pursuant to division (D) of section 742.3716 of the Revised Code.

(G) In the event that a married member dies before negotiating the adjusting payment and was receiving an interim payment under a payment plan that provides for less than fifty per cent of the member's reduced allowance to be paid to the surviving spouse, then the surviving spouse is entitled only to the allowance provided by the most recent payment plan selected by the member.

(H) For designation of beneficiaries made under division (A)(4) of section 742.3711 of the Revised Code, the member will not be permitted to change the designation of beneficiaries during the interim payment process. The member will be permitted to change the amount payable to a beneficiary during the interim payment process if proper paperwork is submitted to and approved by OP&F.

Effective: 4/30/2017
Five Year Review (FYR) Dates: 02/01/2017 and 04/20/2022
Promulgated Under: 111.15
Statutory Authority: 742.10
Rule Amplifies: 742.37, 742.39
Prior Effective Dates: 5/23/87, 6/16/91, 5/1/00, 12/8/00, 02/16/06, 10/26/06 (Emer.), 01/12/2007, 4/5/12

742-3-09 Subsequent public employment of individuals retired under one of the Ohio public retirement systems.

(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.

(D) Where an individual has established membership in more than one Ohio public retirement system in addition to OP& F, active accounts established under all public retirement systems must be handled/disposed of as of the effective retirement benefit date. Any election, once made, is irrevocable except as otherwise provided. An individual must exercise one of the following options:

(1) If, as of the effective retirement benefit date, the individual has established service sufficient to entitle the individual to a benefit under one of the other Ohio public retirement system(s), the individual may elect to take retirement from the other system(s) to be effective the first day of the next month following the latter of the individual's effective retirement benefit date from OP& F or satisfaction of age and other eligibility requirements for retirement in the other system(s); or

(2) The individual may refund the account(s) with the other public retirement system(s) in accordance with the law of each retirement system.

(3) Where the individual has continuously been employed in any position(s) covered by the other public retirement system(s) for sixty days prior to the individual's retirement benefit date and will continue to be so employed after retirement, the individual shall be given the option of converting the account(s) with such other public retirement system(s) to a post retirement money purchase account(s) with allowable interest compounded only from the individual's effective retirement benefit date.

(E) On termination of employment , a reemployed retirant may choose to receive reemployed retirant benefits as either a monthly annuity or a onetime lump sum payment of his or her participant contributions, subject to the spousal consent requirement provided in divisions (F)(2)(a) and (H)(1) of section 742.26 of the Revised Code. The monthly annuity will be paid on the first day of the month following the latest of: the day employment was terminated; the attainment of age sixty; or one year from the date the member began receiving another OP& F defined contribution benefit. The one-time lump sum payment can be made if the retirant has not attained age sixty, but only if the retirant has terminated employment, three months have elapsed since the termination of re-employment, and the retirant has not returned to service during the three-month period.

(F) For those reemployed retirants who have attained the age of sixty, the calculation criteria for the re-employed retirant benefits under division (F)(2) or (H) of section 742.26 of the Revised Code is as follows:

(1) The interest rate shall be calculated according to paragraph (F)(2) of this rule.

(2) Interest shall be credited to accounts only at the time of calculation of a payable benefit. Interest will be calculated based on the balance of the participant's contributions and previously earned interest as of December thirty-first of each year until a lump sum is paid or an annuity commences. Pro rata interest is credited for the final partial year in which the payment of the benefit commences. Effective the first business day of the second quarter of 2012, the compounded interest rate shall be adjusted quarterly at a 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.

(3) Matching contributions are the amount equal to the participant contributions deducted from the salary of the OP& F retirant, together with interest credited thereon consistent with the provisions of paragraph (F)(2) of this rule. For purposes of this paragraph, "salary" shall have the same meaning as set forth in division (L) of section 742.01 of the Revised Code.

(4) The lump sum value shall be the sum of the participant contributions with interest and the matching contributions.

(5) The annuity form shall consist of the actuarial present value of which is equal to two times the sum of all amounts deducted from the salary of the OP& F or other system retirant, plus interest credited thereon at a rate determined by the board, less contributions excluded under division (D) of section 742.26 of the Revised Code. For purposes of this paragraph, "salary" shall have the same meaning as division (L) of section 742.01 of the Revised Code.

(6) The mortality table used for the annuity is based on the morality assumption for healthy post-retirement members as stated in OP& F's most recent actuarial valuation, which is currently the 1994 group annuity mortality table (female only), set forward two years for all retirants.

(7) The interest rate used to calculate the annuity will be the assumed rate of return defined in OP& F's most recent actuarial valuation .

(G) For those reemployed retirants who have not attained the age of sixty, the calculation criteria for the reemployed retirant benefits under division (H) of section 742.26 of the Revised Code is as follows:

(1) The lump sum value shall be the sum of the participant contributions, less the matching contributions, plus interest.

(2) The interest rate shall be calculated according to paragraph (F)(2) of this rule.

(H) If an OP& F retirant or other system retirant dies after terminated employment subject to section 742.26 of the Revised Code but before being eligible to receive a defined contribution plan benefit, then the retirant's surviving spouse, or if there is no surviving spouse, the retirant's estate, shall be paid a lump sum payment in accordance with division (F)(2) of section 742.26 of the Revised Code effective the first of the month following the reemployed retirant's date of death.

(I) A reemployed retirant who is not subject to the spousal consent requirement provided in division (F)(2)(a) of section 742.26 of the Revised Code and who selects the plan of payment provided in division (F)(2)(b)(ii) of section 742.26 of the Revised Code shall designate a sole beneficiary at the time the plan is selected and shall also select the portion of the retirant's lesser retirement allowance to be paid to the sole beneficiary after the retirant's death. The portion of the retirant's lesser retirement allowance shall be expressed as a percentage, which may be any percentage from one to one hundred.

(J) A reemployed retirant who elects to receive a monthly annuity as provided in division (F) (2) of section 742.26 of the Revised Code shall not be permitted to designate multiple beneficiaries when selecting a plan of payment.

Effective: 3/22/2018
Five Year Review (FYR) Dates: 4/6/2022
Promulgated Under: 111.15
Statutory Authority: 742.10
Rule Amplifies: 742.37, 742.38, 742.40, 742.45
Prior Effective Dates: 12/07/1992, 10/23/2000, 01/22/2004, 03/19/2007, 06/21/2012

742-3-10 Annual medical examinations, termination of benefits and appeal of terminations.

(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 OP&F's physician, unless the DEP 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 by an OP&F physician 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.

(B) Annual medical examinations

For a disability benefit recipient who has been requested by the board to undergo a medical examination pursuant to the terms of division (C)(2)(a) or division (C)(2)(b) of section 742.40 of the Revised Code:

(1) OP&F shall notify the disability benefit recipient of the need to schedule the medical examination and provide the disability benefit recipient with at least thirty days prior written notice of the time and place of the scheduled examination.

(2) Unless for good cause shown, the disability benefit recipient shall be presumed to have refused to submit to the medical examination by an OP&F physician if OP&F has scheduled such examinations three times and the disability benefit recipient has either canceled, rescheduled, or failed to submit to the scheduled medical examinations, as documented by OP&F's books and records.

(3) The refusal of a disability benefit recipient to submit to the medical examination requested pursuant to the terms of division (C)(2)(a) or division (C)(2)(b) of section 742.40 of the Revised Code, whether documented by OP&F's books and records or as presumed under the terms of paragraph (B)(2) of this rule, shall result in the suspension of disability benefits and any health care or prescription benefits selected by the disability benefit recipient upon ninety days prior written notice to the disability benefit recipient and shall continue until compliance.

(a) If the disability benefit recipient has not submitted to the medical examination by an OP&F physician within the aforementioned ninety day notice period, the suspension of disability benefits and any health care or prescription drug benefits selected by the disability benefit recipient shall be effective on the first day of the month immediately following the expiration of the ninety day notice period.

(b) In the event the disability benefit recipient submits to the required medical examination by physician after the ninety day notice period, OP&F will reinstate the recipient's disability and health care or prescription drug benefits selected by the disability benefit recipient on the first day of the month immediately following the disability benefit recipients submission to the required medical examination The recipient shall be entitled to retroactive coverage of disability benefits and any health care or prescription drug benefits selected by the disability benefit recipient during that time in which the benefits were suspended . Notwithstanding the reinstatement of disability benefits and any health care or prescription drug benefits selected by the disability benefit recipient upon compliance, OP&F shall not be obligated to restore the identical benefits previously provided to the disability benefit recipient, if such benefits are not available at the time of such disability benefit recipient's reinstatement of health care or prescription drug expenses. OP&F shall not be obligated to pay for certain health care or prescription drug expenses that were incurred from and after the date of the member's suspension, and shall not be responsible for any additional out-of-pocket expenses and deductibles incurred by the disability benefit recipient arising out of such replacement benefits. OP&F shall not, however, suspend dental and vision benefits of such noncomplying disability benefit recipient as the disability benefit recipient pays the monthly costs of such benefits in advance to OP&F within thirty days after OP&F sends an invoice to the disability benefit recipient.

(c) If the refusal of a disability benefit recipient to submit to any medical examination under section 742.40 of the Revised Code continues for one year, whether documented by OP&F's books and records or as presumed under the terms of this rule, then the disability benefits recipient's disability benefits and any healthcare or prescription drug benefits shall be forfeited, as required by division (C)(2)(c) of section 742.40 of the Revised Code, effective as of the date of the original suspension. OP&F shall notify the disability benefit recipient by certified mail, return receipt requested of the termination of benefits and the date that his or her benefits shall be terminated.

(C) Board's concurrence in physician's certification that recipient no longer meets disability standards

(1) For those disability benefit recipients who undergo the medical examination pursuant to division (C) of section 742.40 of the Revised Code, the board will review the physician's report. If the board concurs with the physician's certification that the recipient no longer meets the disability standards set forth in division (D) of section 742.38 of the Revised Code or division (C)(2), (C)(3), or (C)(5) of former section 742.37 of the Revised Code, the disability benefits shall terminate ninety days after the board concurs with the physician's certification or upon employment by the benefit recipient as a police officer or firefighter, as defined in rule 742-3-20 of the Administrative Code.

(2) OP&F shall notify the disability benefit recipient by certified mail, return receipt requested of the board's concurrence with the physician's certification, the date that his or her benefit shall be terminated and of his or her right to appeal.

(D) Appeal of the board's concurrence with physician certification

(1) In order to appeal any determinations of the board under paragraph (C) of this rule, the disability benefit recipient shall file the notice of disability appeal form provided by OP&F within ninety days of receipt of OP&F's notice of termination of benefits. The notice of appeal shall contain the member's name, the last four digits of the member's social security number, and a brief description of the decision upon which the appeal is based.

(2) Within sixty days of the filing of the notice of appeal, the appellant shall submit to OP&F all materials in support of the appeal including, but not limited to, medical records, doctors' reports, and documentation substantiating earnings and income. Failure to submit supporting materials will be sufficient cause for the director of member services to dismiss the appeal provided OP&F gives the member prior written notice of such dismissal and a deadline date by which all materials must be filed with OP&F, and the member fails to file the required documentation with OP&F before the designated deadline.

(3) OP&F shall schedule the appeal hearing after receipt of appellant's supporting materials and give the appellant reasonable notice of the date, time, and place thereof in writing. The appellant shall be given the opportunity to be present, with counsel or other representation if he or she chooses, at the hearing. A recording of the hearing will be made to provide the board and the medical advisor with a record for further review. Such recording of the hearing shall be available to the disability applicant and to those individuals who are authorized by the disability applicant to receive such information on the authorization to release medical records form provided by OP&F.

(4) Following the hearing on appeal, the board may choose to:

(a) Affirm the original concurrence in the physician's certification;

(b) Reverse the original concurrence in the physician's certification; or

(c) Postpone a decision pending additional examinations or documentation.

The board's decision on appeal shall be the final determination of the member's disability.

(5) The applicant shall be advised of the board's action within thirty days after the board's determination and such notice shall be sent by certified mail, return receipt requested.

(6) Benefits shall be terminated pending appeal if a favorable decision on the appeal is not made within ninety days of the board's concurrence with the physician's certification.

(E) Unless otherwise provided in this rule, all notices provided to the disability benefit recipient under this rules shall be sent by first class U.S. mail, postage prepaid and addressed to the disability benefit recipient at the address on file with OP&F. All notices to OP&F shall be addressed at its principal place of business.

Effective: 1/17/2016
Five Year Review (FYR) Dates: 11/02/2015 and 01/07/2020
Promulgated Under: 111.15
Statutory Authority: 742.10
Rule Amplifies: 742.40
Prior Effective Dates: 11/30/95 (Emer.), 2/10/96, 9/16/98 (Emer.), 12/10/98, 7/17/04, 8/1/08 (Emer.), 10/16/08, 8/2/10 (Emer), 10/17/2010

742-3-11 Decision deadlines/non-COLA benefit.

(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

742-3-12 Definition of incapacitated.

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 .

Effective: 11/20/2014
Five Year Review (FYR) Dates: 09/05/2014 and 11/20/2019
Promulgated Under: 111.15
Statutory Authority: 742.10
Rule Amplifies: 742.38
Prior Effective Dates: 9/16/98 (Emer.), 12/10/98, 7/17/2004

742-3-13 Reliance on affidavit.

In processing the disability application of a member who is incapacitated, as defined in rule 742-3-12 of the Administrative Code, Ohio police and fire pension fund ("OP&F") is authorized to rely on the facts stated in any affidavit filed in accordance with division (B) of section 742.38 of the Revised Code and its corresponding rules and the genuineness of the signatures of the person acting on behalf of the incapacitated member and the notary and all fraudulent applications will entitle OP&F and the applicable member to any and all remedies provided by law.

Effective: 11/20/2014
Five Year Review (FYR) Dates: 09/05/2014 and 11/20/2019
Promulgated Under: 111.15
Statutory Authority: 742.10
Rule Amplifies: 742.38
Prior Effective Dates: 9/16/98 (Emer.), 12/10/98, 7/17/2004

742-3-14 [Rescinded] Survivor benefits/fixing eligibility.

Effective: 11/20/2014
Five Year Review (FYR) Dates: 09/05/2014
Promulgated Under: 111.15
Statutory Authority: 742.10
Rule Amplifies: 742.37
Prior Effective Dates: 9/16/98 (Emer.), 12/10/98, 7/17/2004

742-3-15 Procedures for claims asserted under division (J) of section 742.21 of the Revised Code.

(A) For those claims asserted against the Ohio police and fire pension fund ("OP&F") under 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 against OP&F in the form approved by OP&F's board of trustees and after review of the form and documentation filed in support thereof, OP&F's 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.

(C) OP&F's review and consideration of claims under division (J) of section 742.21 of the Revised Code and this rule shall be limited to the facts stated in such claims form or provided by the member. OP&F shall also consider and base its findings on all competent evidence made available to it, but rebuttal evidence can be provided by information in the member file maintained by OP&F.

(D) Upon receipt of a claim under division (J) of section 742.21 of the Revised Code and in accordance with this rule, OP&F shall schedule such claim for review by the benefits committee of the board or such other committee as the board may designate from time to time. The benefits committee shall then make a written recommendation to the board.

(E) Based on the written recommendation of the benefits committee or such other committee as the board may designate from time to time, the board shall then review all evidence available and make an initial determination of such claims asserted by such aggrieved member under division (J) of section 742.21 of the Revised Code. The board may:

(1) Grant the claim;

(2) Deny the claim; or

(3) Postpone the determination pending receipt of additional information or the submission of additional facts.

(F) Any claim granted by the board under division (J) of section 742.21 of the Revised Code and this rule shall be effective as of the date that the board made its initial determination, as referenced in paragraph (E) of this rule.

(G) The member covered by the pending claim asserted in accordance with division (J) of section 742.21 of the Revised Code and this rule shall be notified of the board's initial determination within sixty days after the board's final action and such notice shall inform the member of his/her right to:

(1) Accept the decision granted by the board;

(2) Waive the decision granted by the board; or

(3) Appeal the initial determination of the board.

(H) Not later than ninety days after receipt of the notice of the board provided for in paragraph (G) of this rule, the aggrieved member shall elect, on a form provided by the board, either to accept or waive the board's initial determination for the claim asserted under section 742.21 of the Revised Code and this rule. For purposes of making the determination whether the applicant has accepted or waived the board's determination under this rule, OP&F may conclusively rely upon OP&F's books and records.

(I) If the election provided for in paragraph (H) of this rule is not filed with OP&F within the time period provided in such paragraph, the award shall be rescinded, effective immediately upon the expiration of the ninety day time period provided for in such paragraph and OP&F shall thereafter refund any amounts to purchase the credit, with interest at a rate determined by the board from the date the member purchased the credit to the date of the refund, as provided by division (J)(2) of section 742.21 of the Revised Code. The member shall thereafter be barred from asserting a claim against OP&F under division (J) of section 742.21 of the Revised Code arising out of or related to the same or similar facts.

(J) Appeal of initial determination.

(1) Any member aggrieved by an action of the board with respect to a determination made under division (J) of section 742.21 of the Revised Code and this rule must file a written notice of appeal with OP&F in the form provided by OP&F within ninety days of receipt of the board's initial determination referred to in paragraph (E) of this rule. The notice of appeal must contain the member's name, social security number and a brief description of the decision upon which the appeal is based.

(2) Within ninety days of filing of the notice of appeal, the aggrieved member shall file with OP&F all materials which he or she desires to submit in support of the appeal. Upon application to OP&F, the board, for good cause shown, may grant the aggrieved member an extension of time within which to file supporting materials. Such application must be made before the expiration of the original ninety-day period referred to in this paragraph. Failure to submit supporting materials or to request an extension of time within which to do so will be sufficient cause for the board to dismiss the appeal.

(3) Upon receipt of the supporting materials, the board shall schedule a hearing on the appeal and shall give the aggrieved member reasonable notice of the date, time and place thereof in writing. Notwithstanding the foregoing, any hearing may be postponed or continued by the board, either upon application of the aggrieved member or on its own motion. The aggrieved member shall be given the opportunity to be present at the hearing, with counsel or other representation if he or she chooses. A tape recording of the hearing will be-made to provide the board with a record for further review. Such tape recording of the hearing shall be available to the aggrieved member and to-those individuals who are authorized by the member to receive such information, with such authorization in the form required by OP&F.

(4) Following the hearing on appeal, the board may choose to:

(a) Affirm the original decision;

(b) Reverse the original decision; or

(c) Postpone a decision pending submission of additional documentation or information.

(5) The board's decision on appeal shall be the final determination of such claim.

(6) The member shall be advised of the board's action within ninety days after the board's final determination under this paragraph and such notice shall inform the member of his/her right to:

(a) Accept the board's decision on appeal; or

(b) File a mandamus action.

(K) All notices to the member provided for in this rule shall be either delivered personally, sent by express delivery service, certified mail, or first class U.S. mail, postage prepaid and addressed to the member at the most recent address set forth in OP&F's records, or to such other address as the member shall thereafter designate by proper notice in accordance with this paragraph. All notices to OP&F or the board shall be addressed at its principal place of business.

Effective: 11/20/2014
Five Year Review (FYR) Dates: 09/05/2014 and 11/20/2019
Promulgated Under: 111.15
Statutory Authority: 742.10
Rule Amplifies: 742.21, 742.37, 742.39
Prior Effective Dates: 12/7/98 (Emer.), 6/12/99, 7/17/2004, 7/5/07 (Emer)

742-3-16 Survivor benefits.

(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 the properly completed survivor pension application and the required documents referenced therein, subject to the terms and conditions set forth in this rule. The survivor pension application, last modified May 11, 2012, can be found on OP&F's website, www.op-f.org.

(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; and

(3) OP&F's third party administrator for healthcare will notify the surviving spouse of any documents needed to ensure the transition of medical expense benefits to the surviving spouse.

(C) In the event the properly completed application is not received by OP&F by the expiration of the interim period, OP&F will send a notice to the surviving spouse that the interim survivor benefit payments will be suspended, effective sixty days after receipt of the notice of suspension (the "Notice Period"), unless the properly completed application is filed with OP&F on or before the expiration of the notice period.

(D) In the event the properly completed application is received by OP&F on or before the expiration of the notice period, OP&F will no longer be considered to be paying interim survivor benefit payments, but rather shall be paying the survivor benefit provided for in division (D) of section 742.37 of the Revised Code.

(E) In the event the interim survivor benefit payments are suspended due to a surviving spouse failing to file a properly completed application on or before the expiration of the notice period, OP&F will begin to pay the survivor benefits provided for in division (D) of section 742.37 of the Revised Code beginning the month following OP&F's receipt of the properly completed application for survivor benefits and OP&F will then pay any retroactive survivor benefits due the surviving spouse, subject to the provisions of paragraph (F) of this rule.

(F) In the event OP&F pays a benefit to a member prior to OP&F's receipt of notice of the member's death (the "Member Benefit"), the member benefit payment is not returned to OP&F, and the surviving spouse is the beneficiary of the member's estate, then in such event, OP&F will offset any member benefit paid against the survivor benefits due the surviving spouse under division (D) of section 742.37 of the Revised Code or section 742.58 of the Revised Code.

(G) For purposes of the notices provided for in this rule, the notices will be deemed to have been given as of the earlier of:

(1) The date of the actual receipt;

(2) The next business day when sent via express mail or personal delivery; or

(3) Three days after mailing in the case of first class or certified U.S. mail, which will be based upon the date of the postmark of such mailing.

(H) For purposes of filings provided for in this rule, all filings will be the date of OP&F's actual receipt of the filings.

(I) OP&F may conclusively rely upon its books and records for purposes of determining the notices and filings provided for in this rule.

(J) OP&F will pay all other survivor benefits provided for in section 742.37 of the Revised Code upon OP&F's receipt of the properly completed application by eligible parties.

(K) OP&F will reimburse the medicare part "B" premium to the surviving spouse according to the terms of division (B) of section 742.45 of the Revised Code and rule 742-7-09 of the Administrative Code.

Five Year Review (FYR) Dates: 9/7/2018 and 09/07/2023
Promulgated Under: 111.15
Statutory Authority: 742.10
Rule Amplifies: 742.37, 742.58
Prior Effective Dates: 02/07/2000 (Emer.), 05/01/2000, 02/14/2005, 08/28/2008, 09/26/2013

742-3-17 Withdrawal of application for service retirement or disability benefits.

(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 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.

Effective: 4/7/2016
Five Year Review (FYR) Dates: 01/22/2016 and 04/07/2021
Promulgated Under: 111.15
Statutory Authority: 742.10
Rule Amplifies: 742.38
Prior Effective Dates: 3/19/01, 2/16/06

742-3-18 Definition of "total dependency".

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:

(1) 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;

(2) The child is determined disabled by a court of competent jurisdiction;

(3) The child attends an adult workshop or mental retardation and developmental disabilities (MRDD) school; or

(4) The child has a mental or physical disability and is incapable of earning at least sixteen thousand dollars annually, as determined by Ohio police and fire pension fund disability evaluation physician and vocational advisor recommendation.

Five Year Review (FYR) Dates: 11/15/2016 and 11/15/2021
Promulgated Under: 111.15
Statutory Authority: 742.10
Rule Amplifies: 742.37(E)
Prior Effective Dates: 11/23/2001

742-3-19 Pre-1967 survivor benefits.

(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.

(B) OP& F's board of trustees shall consider the following as evidence acceptable to the board for purposes of determining the eligibility of a local fund member's surviving spouse for the surviving spouses benefits provided for in division (F)(1)(b) of section 742.63 of the Revised Code (the "death fund benefits"):

(1) A certification from the local fund member's surviving spouse that the local fund member was a member of or contributor to a fund established under former Chapter 521. or 741. of the Revised Code, which can be the certification provided by the applicant in the application for benefits under division (D)(4) of section 742.37 of the Revised Code; and

(2) For applications for benefits filed with OP& F under division (F)(1)(b) of section 742.63 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) The surviving spouse shall also file with OP& F a completed application for Ohio public safety officers death benefits and such other documentation identified in the application, as provided for in section 742.63 of the Revised Code and rule 742-19-01 of the Administrative Code, as such rule may be amended from time to time.

(4) In addition to the evidence outlined in this paragraph (B), the terms of rule 742-19-01 of the Administrative Code shall also apply to the processing of these benefits.

(C) The spouse(s) of the applicant who was not a local fund member and the children or dependents resulting from such marriage(s) shall not be entitled to healthcare coverage sponsored by OP& F.

Five Year Review (FYR) Dates: 10/5/2017 and 07/19/2022
Promulgated Under: 111.15
Statutory Authority: 742.10
Rule Amplifies: 742.37, 742.63
Prior Effective Dates: 02/04/2002 (Emer.), 04/26/2002, 05/17/2007, 07/19/2012

742-3-20 Statutory termination of disability benefits.

For purposes of division (C)(3) of section 742.40 of the Revised Code, Ohio police and fire pension fund ("OP& F") shall consider an OP& F member to be "employed as a police officer or firefighter" if one of the following applies:

(A) The person is appointed, commissioned, compensated, designated, employed, engaged, volunteering, or otherwise serving as one of the following:

(1) A sheriff, marshal, deputy marshal, member of the organized police department of a township or municipal corporation, member of a township police district or joint township police district police force, member of a metropolitan housing authority police force established under division (D) of section 3735.31 of the Revised Code, or township constable or a similar job position outside the state of Ohio;

(2) A railroad company police officer governed by sections 4973.17 to 4973.22 of the Revised Code or a similar job position outside the state of Ohio;

(3) A person engaged in the enforcement of Chapter 5743. of the Revised Code on behalf of the department of taxation and designated by the tax commissioner for peace officer training for purposes of the delegation of investigation powers under section 5743.45 of the Revised Code or a similar job position outside the state of Ohio;

(4) An undercover drug agent or a similar job position outside the state of Ohio;

(5) A department of public safety enforcement agent governed by section 5502.14 of the Revised Code or a similar job position outside the state of Ohio;

(6) A natural resources law enforcement staff officer in the department of natural resources governed by section 1501.013 or a similar job position outside the state of Ohio;

(7) A forest-fire investigator in the department of natural resources governed by section 1503.09 of the Revised Code or a similar job position outside the state of Ohio;

(8) A natural resources officer on the department of natural resources governed by section 1501.64 of the Revised Code or a similar job position outside the state of Ohio;

(9) A wildlife officer in the department of natural resources governed by section 1531.13 of the Revised Code or a similar job position outside the state of Ohio;

(10) A park district law enforcement officer governed by section 511.232 or 1545.13 of the Revised Code or a similar job position outside the state of Ohio;

(11) A conservancy district police officer governed by section 6101.75 of the Revised Code or a similar job position outside the state of Ohio;

(12) A member of a hospital police or security department governed by sections 4973.17 to 4973.22 of the Revised Code or a similar job position outside the state of Ohio;

(13) A veterans home police officer established by section 5907.02 of the Revised Code or a similar job position outside the state of Ohio;

(14) A member of a qualified nonprofit corporation police department established by section 1702.80 of the Revised Code or a similar job position outside the state of Ohio;

(15) A state university law enforcement officer governed by section 3345.04 of the Revised Code or a person serving as a state university law enforcement officer on a permanent basis on June 19, 1978, who has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training program or a similar job position outside the state of Ohio;

(16) A special police officer in the department of mental health governed by section 5119.08 of the Revised Code or a similar job position outside the state of Ohio;

(17) A special police officer in the department of mental retardation and developmental disabilities governed by section 5123.13 of the Revised Code or a similar job position outside the state of Ohio;

(18) A member of a campus police department established under section 1713.50 of the Revised Code or a similar job position outside the state of Ohio;

(19) A regional transit authority police officer governed by division (Y) of section 306.35 of the Revised Code or a similar job position outside the state of Ohio;

(20) An investigator of the auditor of state governed by section 117.091 of the Revised Code who is engaged in the enforcement of Chapter 117. of the Revised Code or a similar job position outside the state of Ohio;

(21) A special police officer serving on state property pursuant to section 5503.09 of the Revised Code or a person who was serving as a special police officer pursuant to that section on a permanent basis on October 21, 1997, and who has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training program or a similar job position outside the state of Ohio;

(22) A port authority special police officer governed by section 4582.04 or 4582.28 of the Revised Code or a person serving as a port authority special police officer on a permanent basis on May 17, 2000, who has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training program or a similar job position outside the state of Ohio;

(23) A municipal corporation special police officer who has been awarded a certificate by the executive director of the Ohio peace officer training commission for satisfactory completion of an approved peace officer basic training program and who is serving at a municipal airport or other municipal air navigation facility that is governed by aviation security rules of the transportation security administration of the United States department of transportation and required by federal laws and regulations to be under a security program or a similar job position outside the state of Ohio;

(24) A PERS law enforcement officer, as defined in section 145.01 of the Revised Code or a similar job position outside the state of Ohio; or

(25) A bailiff or deputy bailiff of a court of record in this state who has received a certificate attesting to the person's satisfactory completion of the peace officer training school as required by section 109.77 of the Revised Code or a similar job position outside the state of Ohio;

(26) A parole, corrections, or probation officer or a similar job position outside the state of Ohio;

(27) An employee of the department of youth services who is designated by the director of youth services pursuant to division (A)(1) of section 5139.53 of the Revised Code and who has received the training described in division (B)(1) of that section;

(28) A federal protective service officer or a federal marshal, including, but not limited to, a court security officer hired by the U.S. marshals service;

(29) A gaming agent employed under section 3772.03 of the Revised Code or a similar job position outside the state of Ohio.

(B) The person is a "member of the police department," as such term is defined in division (A)(2) of section 742.01 of the Revised Code or such corresponding statutory provision, whether in Ohio or a similar job position outside the state of Ohio or is serving as a volunteer to a "police department," as such term is defined in division (A) (1) of section 742.01 of the Revised Code or such corresponding statutory provision; or

(C) The person is classified as a firefighter who is a "member of a fire department," as such term is defined in division (B)(2) of section 742.01 of the Revised Code or such corresponding statutory provision, whether in Ohio or a similar job position outside the state of Ohio or is serving as a volunteer to a "fire department," as such term is defined in division (B)(1) of section 742.01 of the Revised Code or such corresponding statutory provision.

(D) For any new position added to paragraph (A) of this rule, OP& F shall give ninety days written notice of the change to all disability benefit recipients and allow those recipients to have ninety days to terminate the position not previously covered under this rule or be subject to the statutory requirement relating to the termination of disability benefits, as set forth in division (C)(3) of section 742.40 of the Revised Code.

(E) Process for termination of disability benefits.

For any termination of disability benefits under section 742.40 of the Revised Code, staff shall present the termination for review and consideration by the disability committee, who shall make a written recommendation to the board of trustees based upon the applicable criteria. The applicable disability benefit recipient shall be notified of the board's decision within thirty days after the board's action and such notice shall be sent by certified mail, return receipt requested. The disability benefit recipient shall also be notified of the right to appeal the termination of disability benefits and the right to convert the disability benefits to a service retirement pension if 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 are met and an application for service retirement is filed with OP& F.

(F) Appeal of termination of disability benefits.

(1) Any disability benefit recipient aggrieved by an action of the board with respect to the termination of the disability benefits in accordance with division (C)(3) of section 742.40 of the Revised Code must file a written notice of appeal with OP& F in the form provided by OP& F within ninety days of the notice of the board's decision to terminate the disability benefits. The notice of appeal must contain the member's name, social security number, and a brief description of the decision upon which the appeal is based.

(2) Within sixty days of the notice of the board's decision to terminate the disability benefits, the aggrieved disability benefit recipient ("appellant") shall file with OP& F all materials which he or she desires to submit in support of the appeal. Failure to submit supporting materials or to request an extension of time within which to submit the supporting materials will be sufficient cause for the director of member services to dismiss the appeal, provided OP& F gives the appellant prior written notice of such dismissal and a deadline date by which all materials must be filed with OP& F and the appellant fails to file the required documentation with OP& F before the designated deadline. Upon application to OP& F before the expiration of the original sixty day period referred to in this paragraph, the director of member services may, for good cause shown, grant the appellant an extension of sixty days within which to file supporting materials.

(3) Upon receipt of the supporting materials, OP& F shall schedule a hearing on the appeal and shall give the appellant reasonable notice of the date, time, and place thereof in writing. Such hearings shall be held within sixty days of the receipt of the supporting documentation by OP& F; provided, however, that any hearing may be postponed or continued by the board, either upon application of the appellant or on its own motion. In no event shall a hearing be postponed more than three times, and in no event shall the postponements, in the aggregate, exceed one year. The appellant shall be given the opportunity to be present, with counsel or other representation if he or she chooses, at the hearing. A tape recording of the hearing will be made to provide the board with a record for further review. Such tape recording of the hearing shall be available to the appellant and to those individuals who are authorized by the appellant to receive such information, with such authorization in the form required by OP& F.

(4) Following the hearing on appeal, the board may choose to:

(a) Affirm the decision to terminate disability benefits;

(b) Reverse the decision to terminate disability benefits;

(c) Postpone a decision pending additional documentation.

The board's decision on appeal shall be the final determination on the statutory termination of disability benefits.

(5) The applicant shall be advised of the board's action under paragraph (F)(4) of this rule within thirty days after the board's decision and such notice shall be sent by certified mail, return receipt requested.

(G) For purposes of recovering overpaid disability benefits, OP& F shall collect those benefits from the later of April 1, 2004 or the date of the person's acceptance of employment that results in the statutory termination of disability benefits, which will apply to any termination of disability benefits under section 742.40 of the Revised Code and this rule prior to the effective date of this rule.

(H) For disability benefit recipients who are terminated in accordance with division (C) (3) of section 742.40 of the Revised Code and this rule, who cannot convert the benefits to a service retirement pension, and who have not recovered all contributions received by OP& F that are paid by or on behalf of such person, OP& F shall offset the remaining contributions against any overpayment due OP& F in accordance with the provisions of this rule.

(I) For any overpayments due OP& F as a result of the termination of benefits in accordance with division (C)(3) of section 742.40 of the Revised Code and this rule, OP& F shall require the member to sign a promissory note, which provides for equal monthly payments to be paid to OP& F over a period not to exceed five years, with interest paid at the current actuarial rate of interest. For any person who refuses to sign such promissory note, OP& F will seek to recover the amounts due by exercising all rights available by law.

(J) In the event the payments required under paragraphs (H) and (I) of this rule exceed the limits provided for in the consumer credit protection act, the payments will be modified in order to comply with such limits. Payments may also be modified upon a showing of a financial hardship and in such amount as determined by the executive director.

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: 04/10/2002 (Emer.), 06/30/2002, 03/22/2004, 04/05/2005 (Emer.), 06/20/2005, 09/21/2007, 05/22/2008, 08/02/2010 (Emer.), 10/17/2010, 02/04/2013

742-3-21 Forfeiture and termination of disability benefits.

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

742-3-22 Designation of a trust as beneficiary for certain lump sum payments.

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

742-3-23 Spousal consent/designation of multiple beneficiaries.

(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.

Five Year Review (FYR) Dates: 5/31/2018 and 05/31/2023
Promulgated Under: 111.15
Statutory Authority: 742.10
Rule Amplifies: 742.3711
Prior Effective Dates: 03/14/2008

742-3-24 Specified amount of court order.

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

742-3-25 Waiver of designation of former spouse as beneficiary under a court order.

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

742-3-26 Cost of living adjustment/allowance. [Rescinded].

Rescinded eff 7-19-07

742-3-27 Reselection of beneficiary upon remarriage.

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

742-3-28 Plan of payment selection for DROP participants.

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

742-3-29 Mandatory direct deposit.

(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

742-3-30 Agents standard of conduct.

(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.

(B) All attorneys, agents and representatives of an OP& F member shall not do any of the following while representing the member in any dealings with OP& F:

(1) In any manner or by any means threaten, coerce, intimidate, deceive or knowlingly mislead any member or beneficiary regarding benefits or other rights;

(2) Knowingly make or present any misleading oral or written statements, assertions or representations about a material fact or provision of law concerning any matter;

(3) Through his or her own actions or omissions, unreasonably delay or cause to be delayed any benefit process;

(4) Divulge, without the member's written consent, any information from the member's personal history record;

(5) Attempt to influence, directly or indirectly, the outcome of a decision, determination or other administrative action by offering a loan, gift or anything of value to a board member or employee of OP& F; and

(6) Engage in actions or behavior prejudicial to the fair and orderly conduct of administrative proceedings, including, but not limited to, threatening or intimidating language, gestures or actions.

(C) All attorneys, agents and representatives of an OP& F member shall be required to sign a letter of engagement on a form provided by OP& F in which they acknowledge the provisions of this rule and agree to abide by such standards when representing an OP& F member in any dealings with OP& F. Any attorney, agent or representative of an OP& F member who fails to sign the letter of engagement or violates any provision of this rule shall not be permitted to practice or represent parties before OP& F's board of trustees.

Five Year Review (FYR) Dates: 9/7/2018 and 09/07/2023
Promulgated Under: 111.15
Statutory Authority: 742.10
Rule Amplifies: 742.41, 742.10
Prior Effective Dates: 09/19/2008 (Emer.), 12/04/2008