Chapter 5505-7 | Benefits

Rule 5505-7-01 | Calculation of retirement benefits.

• Effective: May 18, 2017
• Promulgated Under: 111.15

(A) For the purpose of this rule and divisions (L) and (R) of section 5505.01 of the Revised Code;

(1) "Year" shall mean any calendar year.

(2) In addition to division (R) of section 5505.01 of the Revised Code, "salary" shall not include doubleback, reportback, or standby pay.

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

(1) Each year's salary shall be calculated as twenty-six consecutive payroll periods, beginning with the first full pay period of the year, multiplied by 1.00275 in order to adjust for three hundred sixty-five days.

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

(3) If the member has a partial year of contributing service in the year the member's employment terminates and the compensation for the partial year is at a rate higher than the rate of compensation for any one of the member's highest five years of compensation, the board shall substitute the compensation for the partial year for the compensation for the same period of time of the lowest of the member's five highest years of compensation.

(C) A retirant on deferred status may elect to receive reduced retirement benefits at any time between the ages of forty-eight and fifty-two.

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

Last updated November 1, 2023 at 10:24 AM

Supplemental Information

Authorized By: 5505.07, 5505.16, 5505.17, 5505.18
Amplifies: 5505.16, 5505.17, 5505.18
Five Year Review Date: 3/29/2026
Prior Effective Dates: 10/21/2005, 4/27/2006, 2/1/2013

Rule 5505-7-02 | Survivor benefits.

• Effective: September 8, 2015
• Promulgated Under: 111.15

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

(B) For the purpose of this rule, rule 5505-7-03 of the Administrative Code, and section 5505.17 of the Revised Code, "child" and "surviving child" shall mean a biological child, lawfully adopted child, or child placed for adoption of a member or retirant.

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

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

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

Last updated November 1, 2023 at 10:24 AM

Supplemental Information

Authorized By: 5505.07
Amplifies: 5505.17
Five Year Review Date: 9/21/2025
Prior Effective Dates: 2/1/1990

Rule 5505-7-03 | Extended benefits to surviving children.

• Effective: November 17, 2016
• Promulgated Under: 111.15

(A) For the purpose of this rule:

(1) "Institution of learning or training" shall mean a high school, vocational or trade school, college or university.

(2) "Full-time curriculum requirements" shall mean at least twelve hours of college or university credit or some equivalent measure of credit as determined by the executive director.

(B) A child is considered to be a full-time student when enrolled and attending an institution of learning or training pursuant to a program designed to complete in each school year the equivalent of at least two-thirds of the full-time curriculum requirements of the institution.

(1) A student must complete an application for benefits and provide certification of enrollment from an educational institution.

(2) Benefits are payable through a term during which a student is not enrolled, provided that the student (a) submits a form indicating intent to continue as a full-time student, (b) continues as a full-time student in the subsequent term, and (c) the break in enrollment is not more than four months in a twelve-month period. The forgoing shall not apply if the child can show he or she is engaged in an internship or work-study program directly related to and required by the institution of learning or training.

(3) The student is responsible (a) to notify the retirement system of a change in full-time student status and (b) to refund any benefits that were paid after a change.

(C)

(1) Survivor benefits will continue for a disabled dependent child who was, at the time of the member's or retirant's death -

(a) Dependent upon the deceased member or retirant for support, and

(b) Mentally or physically incapable of providing for his or her own support at a level equal to or greater than the federal poverty guidelines of the department of human and health services.

(2) To determine whether a disabled dependent child qualifies for benefits under this section, the retirement board may require -

(a) A physician's statement,

(b) An independent medical examination,

(c) Two years of federal tax returns from both the parents and the dependent child, and

(d) Any other information that the board deems relevant.

Last updated November 1, 2023 at 10:24 AM

Supplemental Information

Authorized By: 5505.07
Amplifies: 5505.17
Five Year Review Date: 8/25/2026
Prior Effective Dates: 4/27/2006

Rule 5505-7-04 | Health care.

• Effective: February 19, 2024
• Promulgated Under: 111.15

(A) For the purpose of this rule:

(1) "Age and service retirant" shall mean a former member that applied for and was granted retirement benefits as described in section 5505.16 of the Revised Code.

(2) "Benefit recipient" shall mean an age and service retirant or disability retirant that is receiving a pension benefit as described in division (A)(1) of section 5505.17 of the Revised Code that qualifies for health care coverage pursuant to paragraph (D) of this rule. Benefit recipient does not include a member participating in the "Deferred Retirement Option Plan."

(3) "Dependent" shall mean a spouse as defined in this rule.

(4) "Disability retirant" shall mean a former member that applied for and was granted retirement benefits as described in section 5505.18 of the Revised Code.

(5) "Eligible dependent" shall mean a dependent that qualifies for health care coverage pursuant to paragraph (F) of this rule.

(6) "Health care service credit" shall include:

(a) Credit earned as an employee as defined by division (A) of section 5505.01 of the Revised Code;

(b) Military service credit purchased pursuant to division (D) of section 5505.16 of the Revised Code;

(c) Credit granted under section 5505.201 of the Revised Code; and

(d) Years of participation in the deferred retirement option plan pursuant to section 5505.51 of the Revised Code.

(7) "Health reimbursement arrangement plan" or "HRA" shall mean the HPRS amended and restated health reimbursement arrangement plan, effective November 1, 2023, from which the reimbursement of qualifying medical expenses may be made. The HRA may have component plans as determined by the HPRS board. The text of the HPRS health reimbursement arrangement plan shall not be incorporated into this or any other rule of the Administrative Code.

(8) "Member" shall have the same meaning as division (I) of section 5505.01 of the Revised Code.

(9) "Monthly health care allowance" or "monthly allowance" shall mean the monthly amount that is allocated to each individual enrolled in the health reimbursement arrangement plan. The monthly allowance shall be determined by the board and offered in the form of a notional credit to the health reimbursement arrangement consistent with the provisions of the plan.

(10) "Retirant" shall mean an age and service retirant or disability retirant.

(11) "Spouse" shall mean a wife or husband of a retirant or member as set forth in a statutorily-valid certificate.

(B) Except as provided in this rule, the rights of an individual participating in the health reimbursement arrangement plan to a monthly allowance or to reimbursement, including eligibility and coordination of coverage, shall be governed exclusively by the provisions of the HPRS health reimbursement arrangement plan.

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

(2) The board may implement cost control measures as it deems necessary.

(C) Notwithstanding any other provision of this rule, any benefit recipient or eligible dependent that is or becomes employed by the state highway patrol in any capacity shall be ineligible for health care or prescription coverage.

(D) The following benefit recipients shall be eligible for health care:

(1) Except as provided in paragraph (D)(3) of this rule, a benefit recipient that began receiving a pension pursuant to division (A)(1) of section 5505.17 of the Revised Code, or deferred retirement under section 5505.16 of the Revised Code, or elected to participate in the deferred retirement option plan pursuant to section 5505.51 of the Revised Code before November 1, 2023;

(2) Except as provided in paragraph (D)(3) of this rule, a benefit recipient that began receiving a pension pursuant to division (A)(1) of section 5505.17 of the Revised Code or elected to participate in the deferred retirement option plan pursuant to section 5505.51 of the Revised Code on or after November 1, 2023 shall be eligible for health care coverage only if he or she has twenty or more years of health care service credit;

(3) A benefit recipient granted a disability pursuant to section 5505.18 of the Revised Code.

(E) The board may require documented proof of marriage, guardianship, or parenthood. The board reserves the right to deny or cancel coverage if the benefit recipient or dependent does not comply with the board's request for documents.

(F) After the death of a retirant or member, dependents may become eligible for health care coverage, subject to the following conditions:

(1)

(a) If the retirant or member was or was eligible to be a benefit recipient, and was eligible for health care coverage under paragraph (D) of this rule, at the time of death; or

(b) If the retirant or member was not eligible to be a benefit recipient at the time of death, the dependent becomes eligible the date on which the member would have been eligible to enroll pursuant to paragraph (D) of this rule.

(G) An individual who receives benefits in accordance with section 5505.16, 5505.17, or 5505.18 of the Revised Code may be reimbursed for medicare part B premiums upon the receipt of evidence of coverage, up to a maximum amount established by the board.

The reimbursement amount for calendar year 2017 and each year thereafter shall be zero.

(H) Any person eligible to receive a monthly allowance or reimbursement under the health reimbursement arrangement plan shall inform the retirement system, in writing, not later than thirty days after the person no longer meets the requirements of the health reimbursement arrangement plan.

Last updated February 20, 2024 at 2:06 PM

Supplemental Information

Authorized By: 5505.28
Amplifies: 5505.28
Five Year Review Date: 2/19/2029
Prior Effective Dates: 1/1/1987, 2/1/1992, 9/28/2010, 5/16/2014

Rule 5505-7-05 | Cost of living benefit.

• Effective: December 6, 2023
• Promulgated Under: 111.15

(A) For the purpose of section 5505.174 of the Revised Code and this rule, "pension effective date" means:

(1) For age and service retirement benefits, the date following the last working date as a member, with no duplication of salary and pension.

(2) For reduced service retirement benefits and deferred service retirement benefits, the date following the last working date as a member and the date the member is eligible and elects to receive a retirement benefit, with no duplication of salary and pension.

(3) For disability benefits, the date disability benefits commence, with no duplication of salary and pension.

(4) For members participating in DROP, pursuant to section 5505.54 of the Revised Code, the effective date of a member's election to participate in DROP.

(5) For a beneficiary receiving benefits in accordance with section 5505.162 or division (A)(3)(a), (A)(3)(b), (A)(3)(d), (A)(4), (A)(5), (A)(6), or (A)(7) of section 5505.17 of the Revised Code, the date the benefit commences.

(B) For a member or beneficiary with a pension effective date prior to January 7, 2013:

(1) Prior to January 7, 2013, an annual three per cent cost of living benefit shall be added to the pension allowance of a benefit recipient.

(2) On or after January 7, 2013, an annual three per cent cost of living benefit shall be added to the pension allowance of a benefit recipient until the cost of living benefit is changed as described in paragraph (B)(3) of this rule.

(3) The annual cost of living benefit, not to exceed three per cent, shall be determined by the board at its August meeting and shall be based on the actuarial valuation required by section 5505.12 of the Revised Code and the determination shall become effective January first of the following year. Notwithstanding this paragraph, an initial cost of living benefit may be determined by the board at its February, 2013 meeting and shall be based on the actuarial valuation required by section 5505.12 of the Revised Code and the determination shall become effective as determined by the board.

(4) Notwithstanding paragraph (B)(3) of this rule, an annual three per cent cost of living benefit shall be added to the pension allowance of a benefit recipient sixty-five years of age or older who is receiving a pension not greater than one hundred eighty-five per cent of the federal poverty level for a family of two persons, as defined by section 5505.174 of the Revised Code.

(5) A service retirant and DROP participant shall become eligible for a cost of living benefit the later of the first month following the retirant's or DROP participant's fifty-third birthday or the thirteenth month after the benefit commences.

(6) A disability retirant shall become eligible for a cost of living benefit the earlier of the first month following the retirant's fifty-third birthday or the sixty-first month following the effective date of retirement.

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

(C) For a member or beneficiary with a pension effective date on or after January 7, 2013:

(1) An annual cost of living benefit determined by the board shall be added to the pension allowance of a benefit recipient.

(2) The annual cost of living benefit, not to exceed three per cent, shall be determined by the board at its August meeting and shall be based on the actuarial valuation required by section 5505.12 of the Revised Code and the determination shall become effective January first of the following year.

(3) Notwithstanding paragraph (C)(2) of this rule, an annual three per cent cost of living benefit shall be added to the pension allowance of a benefit recipient sixty-five years or age or older who is receiving a pension not greater than one hundred eighty-five per cent of the federal poverty level for a family of two persons, as defined by section 5505.174 of the Revised Code.

(4) A service retirant and DROP participant shall become eligible for a cost of living benefit the later of the first month following the retirant's or DROP participant's sixtieth birthday or the thirteenth month after the benefit commences.

(5) A disability retirant shall become eligible for a cost of living benefit the later of the first month following the disability retirant's sixtieth birthday or the thirteenth month after the benefit commences.

(6) A beneficiary receiving benefits in accordance with section 5505.162 or division (A)(3)(a), (A)(3)(b), (A)(3)(d), (A)(4), (A)(5), (A)(6), or (A)(7) of section 5505.17 of the Revised Code shall become eligible for a cost of living benefit the later of the first month following the beneficiary's sixtieth birthday or the thirteenth month after the benefit commences.

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

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

Last updated December 6, 2023 at 7:56 AM

Supplemental Information

Authorized By: 5505.07
Amplifies: 5505.174
Five Year Review Date: 12/6/2028
Prior Effective Dates: 1/1/1986, 10/1/1996

Rule 5505-7-06 | Monthly benefit payments.

• Effective: September 8, 2015
• Promulgated Under: 111.15

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

(B) Except as provided in rule 5505-3-03 of the Administrative Code, benefit payments shall be due and payable through the current month during which the benefit recipient dies or a dependent child becomes ineligible for benefits.

Last updated November 1, 2023 at 10:25 AM

Supplemental Information

Authorized By: 5505.07
Amplifies: 5505.17, 5505.18
Five Year Review Date: 9/21/2025
Prior Effective Dates: 12/1/1987

Rule 5505-7-08 | Division of property orders.

• Effective: January 16, 2014
• Promulgated Under: 111.15

(A) For purposes of this rule:

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

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

(B)

(1) The retirement system may retain an order that provides the last four digits of the participant or alternate payee's social security numbers.

(2) Prior to receiving a payment, an alternate payee shall provide the information requested by the retirement system. The retirement system shall not issue payment to the alternate payee until the retirement system receives the information required for payment. An alternate payee shall notify the retirement system in writing of any change in the information.

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

(4) The order shall apply to the pension payment contributions to a deferred retirement option plan. The order shall only apply to the active member contributions to a deferred retirement option plan to the extent the contributions were made prior to the effective date of the decree of divorce, dissolution, or legal separation. The order shall not apply to active contribution to a deferred retirement option plan made after the effective date of the decree of divorce, dissolution, or legal separation.

(C) Pursuant to section 3105.90 of the Revised Code, an order shall be on the form prescribed by the appendix to this rule. The retirement system shall accept both the version of the form prescribed by the appendix to former rule 5505-7-08 of the Administrative Code that was effective September 28, 2010, and the version of the form prescribed by the current appendix until June 30, 2014. After June 30, 2014, the retirement system shall only accept the form prescribed by the current appendix.

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

View Appendix

Last updated June 17, 2024 at 11:05 AM

Supplemental Information

Authorized By: 5505.07
Amplifies: 5505.261, 3105.80, 3105.81, 3105.82, 3105.821, 3105.83, 3105.84, 3105.85, 3105.86, 3105.87, 3105.88, 3105.89, 3105.90
Five Year Review Date: 5/20/2029
Prior Effective Dates: 8/22/2003, 7/19/2007, 9/28/2010

Rule 5505-7-09 | Interim benefit payments.

• Effective: September 12, 2016
• Promulgated Under: 111.15

(A) For purposes of this rule:

(1) "Final Pension Benefit" means a monthly pension benefit paid pursuant to section 5505.16, 5505.17 or 5505.18 of the Revised Code that the retirement system calculates after the employer certifies the final contributions and service credit made on behalf of the member.

(2) "Estimated Pension Benefit" means a monthly pension benefit paid pursuant to section 5505.16, 5505.17 or 5505.18 of the Revised Code prior to the certification of a member's final contributions and service credit and the calculation of the final pension benefit.

(B) A member retiring under section 5505.16, 5505.17 or 5505.18 of the Revised Code who meets the following requirements shall receive an estimated pension benefit:

(1) The retirement system has received the member's application for age and service retirement and all required forms and documents necessary to process the retirement application at least fourteen days prior to the effective date of retirement.

(2) The member has sufficient service credit in this system to retire under section 5505.16 of the Revised Code, not including the following:

(a) Any additional service that may be credited following receipt of the certification of final deposits from the employer; and

(b) Service credit purchases not completed at least thirty days prior to the benefit effective date.

(3) The member's employer has certified the last day for which the member will receive a salary.

(C) An estimated pension benefit shall be calculated using the accumulated contributions and service credit available in the account of the member at the time the application is received. The retirement system shall calculate the final pension benefit following the receipt of the employer's certification of final deposits and all contributions on behalf of the member.

(1) If no additional contributions are received by the retirement system, the estimated pension benefit shall be the final pension benefit.

(2) If the final pension benefit is greater than the estimated pension benefit, the retirement system shall begin paying the greater amount on the first of the month next following receipt of the additional contributions. The retirement system shall issue a retroactive payment for the difference between the total amount paid as estimated pension benefit and the amount that would have been paid had the member received payments in the amount of the final pension benefit.

(3) If the final pension benefit is less than the estimated pension benefit, the retirement system shall begin issuing the final pension benefit on the first of the month next following receipt of the certification of the member's final contributions, and the retirant shall repay any overpayment to the retirement system pursuant to section 5505.34 of the Revised Code.

Last updated November 1, 2023 at 10:25 AM

Supplemental Information

Authorized By: 5505.04, 5505.17
Amplifies: 5505.16, 5505.162, 5505.17, 5505.18
Five Year Review Date: 8/25/2026

Rule 5505-7-10 | Employee contributions.

• Effective: September 25, 2023
• Promulgated Under: 111.15

(A) For the purpose of this rule, "employee contribution rate" shall mean the percentage of the member's annual salary required to be submitted to the state highway patrol retirement system (HRPS) pursuant to division (A) of section 5505.15 of the Revised Code.

(B) An annual employee contribution rate, not to be less than ten per cent or exceed fourteen per cent, shall be determined by the board as it considers necessary to meet the amortization period requirement of section 5505.121 of the Revised Code at its August meeting and shall be based on the actuarial valuation required by section 5505.12 of the Revised Code.

(C) The employee contribution rate determined at the board's August meeting shall be effective the first day of the first full two week pay period of the following year.

Last updated September 25, 2023 at 8:50 AM

Supplemental Information

Authorized By: 5505.07
Amplifies: 5505.15
Five Year Review Date: 9/25/2028
Prior Effective Dates: 9/16/2013

Rule 5505-7-11 | Dental and vision coverage.

• Effective: August 5, 2024
• Promulgated Under: 111.15

(A) For the purpose of this rule:

(1) "Age and service retirant" shall mean a former member that applied for and was granted retirement benefits as described in section 5505.16 of the Revised Code.

(2) "Benefit recipient" shall mean an age and service retirant or disability retirant that is receiving a pension benefit as described in division (A)(1) of section 5505.17 of the Revised Code that qualifies for health care coverage pursuant to paragraph (D) of rule 5505-7-04 of the Administrative Code. Benefit recipient does not include a member participating in the "Deferred Retirement Option Plan."

(3) "Child" shall mean a biological child, lawfully adopted child, child placed for adoption or stepchild of a benefit recipient or member provided that such child has not yet attained age twenty-six. "Child" shall also mean a child for whom a benefit recipient or member has been legally appointed as guardian, provided that such child has not yet attained age eighteen.

(4) "Dependent" shall mean a spouse or child as defined in this rule.

(5) "Disability retirant" shall mean a former member that applied for and was granted retirement benefits as described in section 5505.18 of the Revised Code.

(6) "Member" shall have the same meaning as division (I) of section 5505.01 of the Revised Code.

(7) "Retirant" shall mean an age and service retirant or disability retirant.

(8) "Spouse" shall mean a wife or husband of a retirant or member as set forth in a statutorily valid certificate.

(B)

(1) Except as provided in paragraph (B)(2) of this rule, the state highway patrol retirement system may offer dental or vision coverage that is administered by a third-party administrator(s) to benefit recipients and dependents provided that the benefit exceeds the premium set by the board for coverage under this rule.

(2) A spouse of a benefit recipient shall cease to be eligible for coverage on the first day of the month following the date of the final decree of divorce or dissolution from the benefit recipient.

(C) Enrollment

(1) Except as provided in paragraph (C)(2) of this rule, a benefit recipient's application for dental or vision coverage must be received by the retirement system not later than sixty days after the benefit recipient's eligibility of retirement benefits, as defined in rule 5505-3-01 of the Administrative Code.

(2) A benefit recipient that does not enroll as provided in paragraph (C)(1) of this rule may enroll by filing an application for enrollment in dental or vision coverage during one of the following:

(a) The annual open enrollment period:

(b) Within sixty days of involuntary termination of coverage under another group plan, and with proof of such termination.

(3) A benefit recipient may enroll a dependent in coverage during the annual open enrollment period or at any time outside of open enrollment if any of the following apply and the application is received not later than sixty days after the occurence of the event:

(a) The benefit recipient may enroll a new spouse upon marriage;

(b) The benefit recipient may enroll an eligible child upon the birth or adoption of the child;

(c) The benefit recipient may enroll an eligible dependent who has involuntarily lost vision and dental coverage from another source;

(d) The benefit recipient is ordered to enroll a child pursuant to a national medical support order;

(e) The dependent first achieves an eligibility threshold as described in this rule.

(4) Enrollment of a benefit recipient or eligible dependent under this rule shall be made on an application provided by the retirement system.

(D) After the death of a retirant or member, dependents are eligible or become eligible for dental and vision coverage if the retirant or member was eligible to be a benefit recipient at the time of death.

(E) Effective date of coverage

(1) The effective date of coverage of a benefit recipient or eligible dependent shall be the first day of the month following the system's receipt of the benefit recipient's application, provided enrollment is valid under this rule.

(2) Notwithstanding paragraph (E)(1) of this rule, in the case of enrollment during open enrollment, the effective date of coverage shall be January first of the following year.

(F) The following provisions apply to the dental and vision coverage offered by the retirement system:

(1) The coverage shall be in effect for a calendar year.

(2) An individual enrolled in coverage may voluntarily terminate the individual's enrollment in the coverage or a dependent's enrollment in the coverage only at the end of each calendar year by filing the notice of cancellation in a form and manner approved by the retirement system during the open enrollment period.

(3) Notwithstanding paragraphs (F)(1) and (F)(2) of this rule, an individual enrolled in coverage may voluntarily terminate the individual's enrollment in the coverage by submitting proof to the retirement system that the individual has obtained other coverage through an employer or a spouse's employer.

Last updated August 5, 2024 at 7:44 AM

Supplemental Information

Authorized By: 5505.28
Amplifies: 5505.28
Five Year Review Date: 8/5/2029