Chapter 742-3 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 (A), (B) or (C) of section 742.37 or division (D) of section 742.38 of the Revised Code or from a police relief pension fund or firemen’s relief pension fund in accordance with the rules of that fund in force on April 1, 1947 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.

HISTORY: Eff 1-1-77; 7-24-86 (Emer.); 10-16-86; 9-16-98 (Emer.); 12-10-98; 7-17-04

Rule promulgated under: RC 111.15

Rule authorized by: RC 742.10

Rule amplifies: RC 742.37 742.38

R.C. 119.032 review dates: 04/28/2004 and 07/17/2009

(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) For pension calculations done from and after October 24, 2000, “overtime” is payment received by an employee for duty related work performed in excess of a standard workweek, with the payroll period being 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, as permitted by the terms of section 742.32 of the Revised Code.

(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 earned or the pay period immediately following.

(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.

Effective: 04/28/2006

R.C. 119.032 review dates: 02/10/2006 and 04/28/2011

Promulgated Under: 111.15

Statutory Authority: 742.10

Rule Amplifies: 742.01, 742.32, 742.37, 742.39

Prior Effective Dates: 1/1/77, 5/12/83, 7/24/86 (Emerg), 10/16/86, 3/19/87, 8/4/88, 7/19/99, 2/7/2000 (Emerg), 5/1/2000, 3/9/2001 (Emerg), 4/9/01 (Revised Emerg), 5/24/2001

(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) The first annual statement shall be filed September 1, 1996.

(C) OP&F shall send written notice to those recipients who have been granted waivers by the board within ninety days of the board’s approval.

(D) 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.

(E) 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 ninety 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 ninety 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 ninety 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 terms of paragraph (E) of this rule, 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.

(F) 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.

(G) 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.

(H) 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.

(I) 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.

(J) 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.

HISTORY: Eff. 11-30-95 (Emer.); 2-10-96; 9-8-97; 9-16-98 (Emer.); 12-10-98; 7-17-04

Rule promulgated under: RC 111.15

Rule authorized by: RC 742.10

Rule amplifies: RC 742.40

R.C. 119.032 review dates: 04/28/2004 and 07/17/2009

(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.

(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, and is not an exacerbation of an existing illness or injury medically diagnosed not later than (a) one minute before twelve p.m. on the day prior to such member’s full-time appointment to a police department or a fire department or (b) the date on which a member becomes a “member of the fund” (as such term is defined in division (E) of section 742.01 of the Revised Code), whichever event is the first to occur.

(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, or is an exacerbation of an existing illness or injury medically diagnosed not later than (a) one minute before twelve p.m. on the day prior to such member’s full-time appointment to a police department or fire department or (b) the date on which a member becomes a “member of the fund” (as such term is defined in division (E) of section 742.01 of the Revised Code), whichever event is the first to occur. Except for the conditions described in division (D)(3) of section 742.38 of the Revised Code or former division (C)(4) of section 742.37 of the Revised Code, a disabling condition is presumed to be the result of an off-duty illness or injury unless competent and credible evidence is submitted to the contrary to the board.

(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, for those applicants filing disability retirement applications from and after January 1, 1999, 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. Notwithstanding the foregoing, for those applicants filing disability retirement applications prior to January 1, 1999, the presumptive conditions will apply only if OP&F receives a copy of that member’s medical reports for physical examinations of such member prior to (a) one minute before twelve p.m. on the day prior to such member’s full-time appointment to a police department or a fire department or (b) the date on which a member becomes a “member of the fund” (as such term is defined in division (E) of section 742.01 of the Revised Code), whichever event is the first to occur, and the member satisfies the criteria established in division (A) of section 742.38 of the Revised 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, fourth edition,” and such other subsequent editions adopted by the board from time to time, whether in whole or in part.

(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 the chairman of the board to advise the board during its deliberations of appeals of decisions relating to disability applications.

(12) “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 ex-officio trustee. The non-voting members of the DEP shall be comprised of expert physicians, including the alternate, all of whom are appointed by the chairman of the board to the DEP and at least one of the non-voting members shall be an expert in vocational evaluations 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 chairman who specializes in occupational medicine 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.

(13) “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 disability applications, who shall be a different physician than the medical advisor.

(14) “Submitted,” for purposes of filing a disability application on or after November 1, 2002, shall include the notarization of such application while the applicant is a member of the fund (as defined in division (E) of section 742.01 of the Revised Code), provided the application is received by OP&F not later than sixty days after the expiration of the applicant’s status as a member.

(B) Impairment and disability evaluation criteria:

(1) Prior to March 1, 1999, the OP&F staff shall work with the medical advisor or physicians who are members of the DEP and shall assign a competent and disinterested physician to conduct medical examinations for purposes of determining a member’s disability, as provided by law, medical impairment and eligibility for disability retirement benefits. After March 1, 1999, the OP&F staff shall work with the medical advisor 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, including any duties arising out of agreements that the employer may have entered into for the performance of services on behalf of other Ohio villages, cities, or municipalities, or federal agencies or as otherwise imposed by law, 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.

(4) The consideration of a member’s application shall be limited to the disabling condition(s) listed in the application 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 member 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, the medical opinion, and comments on the basis of the opinion as well as whether or not the disabling condition results from an on-duty illness or injury.

(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 a 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 742-3-01 of the Administrative Code.

(2) For those disability retirement applications field from and after January 1, 1999, the fund 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. If the employer fails to timely submit such report or statement with the board from and after January 1, 1999, the board shall assess the fine pursuant to division (B) of section 742.38 of the Revised Code.

(4) Prior to January 1, 1999, the board may request a copy of the physician’s report of the member’s physical examination taken on entry into the police or fire department, as more fully provided for in division (B) of section 742.38 of the Revised Code, and if the employer fails to submit the required report or notify OP&F that no records exist no later than twenty-eight days after receiving a request from the board, the board shall assess the fine pursuant to division (B) of section 742.38 of the Revised Code. After January 1, 1999, 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, and if the employer fails to forward such report to the fund more than thirty days after the member becomes a member of the fund, the fund shall assess a fine in the amount of one hundred dollars per day, beginning with the first day after the date the report is due and ending on the last day prior to the date on which the report is received by the fund, as more fully provided in division (A)(2) of section 742.38 of the Revised 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) Prior to March 1, 1999, OP&F shall schedule a member covered by the pending disability application for examination by at least one medical examiner, unless it is medically inadvisable to do so, and OP&F may also schedule such member for evaluation by the expert in vocational evaluations. After March 1, 1999, 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 the fund, 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) 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.

(8) 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.

(1) 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 elect, on a form provided by the board, either to accept or waive the board’s determination of disability. 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.

(a) If no such election is filed with the fund within the time period provided in paragraph (D)(1) of this rule, the award shall be rescinded, effective immediately upon the expiration of the ninety-day time period provided for in this paragraph.

(b) Subject to the requirement set forth in paragraph (D)(1)(a) 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 one hundred eighty days of receipt of notice of the board’s determination of disability, as provided under paragraph (C)(8) or (E)(5) of this rule, the disability benefit shall be rescinded, effective immediately upon the expiration of such notice period.

(c) Notwithstanding the foregoing rescission of disability benefits, such member 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) Any member aggrieved by an action of the board with respect to an application for disability retirement 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 of disability referred to in paragraph (C)(7) 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, including doctors’ reports, statements, memoranda, etc. 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 ninety day period referred to in this paragraph, the director of member services, for good cause shown, may grant the appellant an extension of ninety 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 extensions, in the aggregate, exceed one year.

(3) Upon receipt of the supporting materials, OP&F shall schedule the member for an appointment with an expert in vocational evaluations if a vocational evaluation was not done as part of the initial determination of disability. Prior to March 1, 1999, for those cases where a vocational evaluation and medical examination was done as part of the initial determination of disability and after March 1, 1999, for all appeals of the board’s initial determination of disability, OP&F shall provide the supporting materials submitted by the member to the expert in vocational evaluations and the physician for consideration and both the vocational evaluator and physical shall submit to the DEP an addendum to their original reports.

Upon receipt of such updated report(s), 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 held within forty-five days of the receipt of the vocational assessment specialist’s report by the board; provided, however, that 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 tape recording of the hearing will be made to provide the board and the medical advisor with a record for further review. Such tape 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, with such authorization in the form required by the fund.

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

(a) Affirm the original determination of disability;

(b) Modify the original determination of disability; or

(c) Postpone a decision pending additional examinations or documentation. The board’s decision on appeal shall be the final determination of the initial disability application.

(5) 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 or off-duty disability and who believes that deterioration of the disabling physical or mental condition has increased the amount of disability, may apply for a reconsideration. Such application shall be on a 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 in any calendar year.

(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 on a form provided by the board 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) From and after January 1, 1999, if the member fails to:

(1) obtain the recommended treatment,

(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, subject to the terms of rule 742-7-06 of the Administrative Code. 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 members 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 OP&F receives the physician’s report or copies of one of the tests or diagnostic procedures set forth in rule 742-1-02 of the Administrative Code (but not the medical questionnaire completed by the member) 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, except that in the case where OP&F sent a notice of deficiency to the employer, a subsequent examination will satisfy these requirements if the employer corrected the noted deficiency(ies) within the time period prescribed by OP&F and in all cases, 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) 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.

Effective: 02/16/2006

R.C. 119.032 review dates: 11/30/2005 and 02/16/2011

Promulgated Under: 111.15

Statutory Authority: 742.10

Rule Amplifies: 742.38

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

(A) This rule shall only apply to a member who has been granted an on-duty disability and who has less than three full years of “salary,” as defined in 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.

Replaces: 742-3-06

Effective: 04/30/2005

R.C. 119.032 review dates: 04/30/2010

Promulgated Under: 111.15

Statutory Authority: 742.10

Rule Amplifies: 742.01, 742.39

Prior Effective Dates: 1/3/77, 5/1/2000

(A) Persons filing applications for retirement with police and firemen’s disability and pension fund (now known as police and fire pension fund or OP&F) on or after February 29, 1980, may choose one of the optional plans of payment described in division (A) of section 742.3711 of the Revised Code only upon retirement. Persons who retired on or before February 28, 1980, may choose one of the optional plans of payment described by division (A)(1) or (A)(2) of section 742.3711 of the Revised Code only by filing a “Request for Annuity Statement” before December 26, 1984, and by filing a “Final Annuity Statement” before September 26, 1985.

(B) 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 limitation set forth in section 742.3711 of the Revised Code, as more fully described in paragraph (I) of this rule.

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 , as more fully described below.

(C) 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 with police and firemen’s disability and pension fund (now known as OP&F) on or after February 29, 1980, 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 first of the month following the month in which the application for reselection is received by OP&F;

(3) In the case of a plan selection by a member who filed a retirement application with police and firemen’s disability and pension fund (now known as police and fire pension fund) on or before February 28, 1980, on the date the retirant’s “Final Annuity Statement” was received by the police and firemen’s disability and pension fund, provided that the board may, upon good cause shown, allow a member to cancel the selection of an optional annuity plan if the member requested such a cancellation before the end of the month in which the adjusted payment is made.

(D) 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.

(E) Upon the marriage or remarriage of a retirant who retires on or after February 29, 1980, and 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.

(F) 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.

(G) Except as provided in paragraph (F) 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.

(H) 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

(I) 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 affidavit of the applicant certifying that notice was given to the spouse and explaining the method or methods used by the applicant to inform the spouse of the choice of an annuity or an optional plan providing the spouse with a benefit of less than fifty per cent after the death of the retirant, 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 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 such indemnification agreement is in a form satisfactory to OP&F; or

(2) 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

(3) 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.

(J) 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.

(K) 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.

Effective: 01/12/2007

R.C. 119.032 review dates: 10/26/2006 and 01/12/2012

Promulgated Under: 111.15

Statutory Authority: 742.10

Rule Amplifies: 742.3711

Prior Effective Dates: 2/5/80, 11/10/84, 6/7/85, 5/21/87, 12/30/90, 4/10/02 (Emer.), 7/11/02, 10/20/2006, 10/26/06 (Emer.)

(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 speed the initiation of the pension or benefit to which he/she may be entitled while OP&F determines the final pension to be paid to such person.

(B) Any OP&F member who has met all the qualifications for service or disability retirement under sections 742.37 or 742.39 of the Revised Code, respectively, who has filed all forms or documents necessary to process his application, 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 retirant 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 his monthly pension or benefit. The recovery must be accomplished in a period not to exceed the period over which the overpayment occurred.

(5) The member shall be informed that once he/she negotiates the first interim payment, he can no longer purchase or reinstate any service credit. For purposes of this rule, negotiation will include the member or his/her authorized agent cashing, negotiating, or depositing of the warrant issued to the member.

(6) While a member is on interim payments, OP&F shall not make any payments for cost of living adjustments, but any colas due shall be paid once the member converts 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, along with the designations required under any other court orders that OP&F may have on file that require the member 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, 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 his/her payment plan any time prior to negotiating the first adjusting or regular benefit payment that represents the final benefit amount payable to the member.

(E) No interim payment can be made to a member unless his/her former employer has certified the last day the former employee 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 (B) of section 742.3716 of the Revised Code.

(G) In the event the member dies prior to negotiating his adjusting payment and the married member is receiving an interim payment under a payment plan that provides for less than fifty per cent of his/her reduced allowance to be paid to a surviving spouse, then the surviving spouse is entitled only to the allowance, if any, 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, but will be permitted to change the amount payable to the beneficiary if proper paperwork is submitted to and approved by OP&F.

Effective: 01/12/2007

R.C. 119.032 review dates: 10/26/2006 and 01/12/2012

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.)

(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 his 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 on or after April 11, 2005, a reemployed retirant may choose to receive reemployed retirant benefits as either a monthly annuity or a one-time 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 will be five per cent and will 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. The compounded interest rate is 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, which is currently eight and a quarter per cent annually.

(8) This division documents the process since January 1, 2002.

(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 will be five per cent and will 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 isbe 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.

(K) The provisions of this rule shall apply beginning April 11, 2005.

Effective: 03/19/2007

R.C. 119.032 review dates: 12/04/2006 and 03/19/2012

Promulgated Under: 111.15

Statutory Authority: 742.10

Rule Amplifies: 742.26, 742.01(L)

Prior Effective Dates: 01/22/2004, 12/07/1992

(A) 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, if the person has not undergone any required annual medical evaluations prior to that date, submit to an annual medical examination by OP&F’s physician, unless the board’s 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.

(B) From and after January 1, 1999, 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)(b) of section 742.40 of the Revised Code:

(1) The board or OP&F shall notify such disability benefit recipient of the need to schedule such medical examination through OP&F and OP&F shall 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 such disability benefit recipient has either canceled, rescheduled, or failed to submit to such 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)(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 health care or prescription benefits selected by the disability benefit recipient, if any, 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 and health care or prescription drug benefits selected by the disability benefit recipient, if any, shall be effective on the first day of the month immediately following the expiration of the aforementioned ninety day notice period.

(b) In the event the disability benefit recipient submits to the required medical examination by physician after the aforementioned 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, if any, on the first day of the month immediately following the disability benefit recipients submission to the required medical examination and the recipient shall be entitled to retroactive coverage of disability and health care or prescription drug benefits selected by the disability benefit recipient, if any, during that time in which the benefits were suspended, subject to the terms of rule 742-7-06 of the Administrative Code. Notwithstanding the reinstatement of disability and health care or prescription drug benefits selected by the disability benefit recipient, if any, 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, and 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. In such event, OP&F shall also not be responsible for any additional out-of-pocket expenses and deductibles incurred by the disability benefit recipient arising out of such replacement benefits.

(c) Notwithstanding the terms of the foregoing paragraph (3)(b) of this rule, OP&F shall not suspend dental and vision benefits of such noncomplying 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.

(C) 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 and if it concurs with the physician’s certification that the recipient is physically and mentally capable of resuming employment similar to that from which the recipient was found disabled as referenced in division (C) of former section 742.3720 of the Revised Code or that the recipient no longer meets the disability standards set forth in division (D)(1), (D)(2), (D)(3), or (D)(4) of section 742.38 of the Revised Code, (C)(2), (C)(3), or (C)(5) of former section 742.37 of the revised Code, as referenced in division (C)(2)(c) of section 742.3720 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 Administrative Rule 742-3-20.

(D) For those determinations made by the board under paragraph (C) of this rule relating to physician certification, the disability benefit recipient shall be advised by certified mail, return receipt requested of the board’s concurrence with the physician’s certification and of the date that his or her benefit shall be terminated. The disability benefit recipient will also be notified of his or her right to appeal.

(E) In order to appeal any determinations of the board under paragraph (D) of this rule, the disability benefit recipient must file a written notice of appeal with the fund within sixty days of receipt of the notice referred to in paragraph (D) of this rule. The notice of appeal must contain the member’s name, social security number, a brief description of the decision upon which the appeal is based, and the reason(s) why decision is being appealed.

(F) Within sixty days of the filing of the notice of appeal, referred to in paragraph (E) of this rule, the appellant must file with the board all materials which he or she desires to submit in support of the appeal including but not limited to medical records, doctors’ reports, and documentation substantiating earnings and income. The board will 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. 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.

(G) Once a waiver has been granted by the board to a disability benefit recipient who is subject to the terms of division (C)(2)(a) of section 742.40 of the Revised Code, the disability benefit recipient shall thereafter be relieved from submitting to an annual medical examination by an OP&F physician until otherwise notified in writing by OP&F or the board, but 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.

(H) 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 benefit recipient’s disability and medical expense benefits shall be forfeited, as provided in division (C)(2)(c) 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 recipient from the fund or the board.

(I) All notices provided to the disability benefit recipient under this rules 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 shall be addressed at its principal place of business.

(J) For purposes of this rule, a “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.

HISTORY: Eff 11-30-95 (Emer.); 2-10-96; 9-16-98 (Emer.); 12-10-98; 7-17-04

Rule promulgated under: RC 111.15

Rule authorized by: RC 742.10

Rule amplifies: RC 742.40

R.C. 119.032 review dates: 04/28/2004 and 07/17/2009

(A) A member of the fund who is eligible to make the election under division (B) 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 (B) 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.

HISTORY: Eff 12-19-97; 3-31-98; 7-31-03

Rule promulgated under: RC 111.15

Rule authorized by: RC 742.10

Rule amplifies: RC 742.3716, 742.31

R.C. 119.032 review dates: 05/14/2003 and 07/21/2008

For purposes of division (B) of section 742.38 of the Revised Code only, 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 and witnessed by two individuals.

HISTORY: Eff 9-16-98 (Emer.); 12-10-98; 7-17-04

Rule promulgated under: RC 111.15

Rule authorized by: RC 742.10

Rule amplifies: RC 742.38

R.C. 119.032 review dates: 04/28/2004 and 07/17/2009

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 signature of the person acting on behalf of the incapacitated member and the signatures of the witnesses and the notary and all fraudulent applications will entitle OP&F and the applicable member to any and all remedies provided by law.

HISTORY: Eff 9-16-98 (Emer.); 12-10-98; 7-17-04

Rule promulgated under: RC 111.15

Rule authorized by: RC 742.10

Rule amplifies: RC 742.38

R.C. 119.032 review dates: 04/28/2004 and 07/17/2009

As provided in section 742.37 of the Revised Code, benefits to a deceased member’s surviving spouse that were terminated under a former version of that section due to remarriage and were not resumed prior to September 16, 1998, shall resume on the first day of the month immediately following receipt by the board of an application on a form provided by the board.

HISTORY: Eff 9-16-98 (Emer.); 12-10-98; 7-17-04

Rule promulgated under: RC 111.15

Rule authorized by: RC 742.10

Rule amplifies: RC 742.37

R.C. 119.032 review dates: 04/28/2004 and 07/17/2009

(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 the sections outlined in paragraph (C) of this rule 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;

(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) For purposes of division (J) of Section 742.21 of the Revised Code, OP&F will permit a member to file a claim against OP&F related to the purchase of service credit under sections 742.21 (service credit earned for full-time service as member of state or municipal retirement system or united states armed forces; computation of benefits, purchase of service credit), 742.221 (pregnancy or medical disability; purchase of service credit), 742.23 (credit to police officers for service time as firefighters), 742.24 (credit to firefighters for service time as police officers), 742.27 (credit for time laid off), 742.371 (redeposit of withdrawn contributions), 742.375 (police officers and firefighters to receive credit for service in state highway patrol), 742.376 (provisions for credit as full-time member of police or fire department), 742.52 (purchase of credit for military service refund), and 742.521 (military service credit) of the Revised Code.

(D) 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.

(E) 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.

(F) 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.

(G) 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.

(H) 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.

(I) 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.

(J) 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.

(K) 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 the fund.

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

(a) Affirm the original decision; or

(b) 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 benefit granted; or

(b) File a mandamus action.

(L) 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 disability benefit recipient shall thereafter designate by proper notice in accordance with this paragraph. All notices to OPF& or the board shall be addressed at its principal place of business.

Effective: 07/05/2007

Promulgated Under: 111.15

Statutory Authority: 742.10

Rule Amplifies: 742.21(J)

Prior Effective Dates: 12/7/98 (Emer.), 6/12/99, 7/17/2004

(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 application for survivor benefits on the form approved by OP&F and required documents referenced in such application (collectively, the “Application”), subject to the terms and conditions set forth below.

(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 will process an interim health care card to the surviving spouse, if applicable, or 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 under division (D) of section 742.37 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 (D) of section 742.45 of the Revised Code and rule 742-7-09 of the Administrative Code.

HISTORY: Eff 2-7-00 (Emer.); 5-1-00; 2-14-2005

Promulgated Under: 111.15

Statutory Authority: 742.10

Rule Amplifies: 742.37

(A) For a member of Ohio police and fire pension fund (“OP&F”) who wishes to withdraw the retirement application, whether service or disability, the provisions of paragraph B, C, or D shall govern, depending on which paragraph applies to the particular situation.

(B) In cases where OP&F has not issued a warrant for the payment of the pension benefit, the member can withdraw the retirement application by filing a written statement authorizing OP&F to withdraw the application. For pending disability applications, the withdrawal of the application is also governed by the provisions of paragraph (C)(6) of rule 742-3-05.

(C) In cases where OP&F has already issued a warrant for the payment of the benefit, whether on a final or interim payment basis, whichever is the first to occur, the member must return the first and any subsequent warrants for the benefits uncashed to OP&F along with a written statement from the member authorizing OP&F to withdraw the application and revoke any direct deposit authorizations, if one exists, and such writing and uncashed warrant(s) is(are) received by OP&F no later than thirty days after the date on which the first warrant was sent to the member by OP&F.

(D) In cases where OP&F has already issued a warrant for the payment of the benefit, whether on a final or interim payment basis, whichever is the first to occur, and made a payment through direct deposit, the member must return the first warrant uncashed to OP&F along with the payment of any benefits made through direct deposit and a written statement authorizing OP&F to withdraw the application and revoke any direct deposit authorizations, if any exists, and this must be received by OP&F no later than thirty days after the date on which the first warrant was sent to the member by OP&F.

(E) For a member of OP&F who fails to withdraw the retirement application in accordance with paragraph (B), (C), or (D) 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: 02/16/2006

R.C. 119.032 review dates: 11/30/2005 and 02/16/2011

Promulgated Under: 111.15

Statutory Authority: 742.10

Rule Amplifies: 742.38

Prior Effective Dates: 3/19/01

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.

R.C. 119.032 review dates: 12/20/2006 and 12/20/2011

Promulgated Under: 111.15

Statutory Authority: 742.10

Rule Amplifies: 742.37(E)

Prior Effective Dates: 11/23/2001

(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.

(D) Any benefits due a surviving spouse under division (D)(4) of section 742.37 of the Revised Code shall commence the later of:

(1) The effective date of Sub. H.B. No. 157, 124th General Assembly, which is February 1, 2002; or

(2) The first of the month following OP&F’s receipt of the application and evidence outlined in this rule.

Effective: 05/17/2007

R.C. 119.032 review dates: 03/01/2007 and 05/17/2012

Promulgated Under: 111.15

Statutory Authority: 742.10

Rule Amplifies: 742.37, 742.63

Prior Effective Dates: 2/4/02 (Emer.), 4/26/02

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 pol