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Section 124.49 | Fire department probationary period.

...All promotional appointments in a fire department may be for a probationary period to be fixed by the rules of the civil service commission and not to exceed six months. No promotion shall be deemed final until the appointee has satisfactorily served his probationary period. At the end of the probationary period the appointing authority shall transmit to the civil service commission a record of the employee's service...

Section 124.823 | Medical savings account pilot program.

...The department of administrative services shall establish a pilot program under which it includes medical savings accounts as part of any package of health care benefit options offered to state employees and state elected officials paid by warrant of the director of budget and management. Except for the provisions in divisions (A) and (B) of section 3924.64 of the Revised Code concerning designation of an admini...

Section 125.071 | Purchasing by competitive sealed proposal.

...(A) In accordance with rules the director of administrative services shall adopt, the director may make purchases by competitive sealed proposal whenever the director determines that the use of competitive sealed bidding is not possible or not advantageous to the state. (B) Proposals shall be solicited through a request for proposals. The request for proposals shall state the relative importance of price and other...

Section 125.09 | Bid conditions or terms - preferences.

...n the United States and is either a Buy Ohio product or that the product or service is provided by a bidder or offeror that qualifies as having a significant economic presence in the state or a state bordering Ohio, under the rules established by the director of administrative services, and whether the bidder or offeror is a certified veteran-friendly business enterprise under section 122.925 of the Revised Code. ...

Section 125.11 | Contract award.

... in this state, or in a state bordering Ohio, whether the bid or offer was received from a Buy Ohio supplier, and whether the bid or offer was received from a certified veteran-friendly business enterprise. These requirements shall be applied where sufficient competition can be generated to ensure that compliance with these requirements will be in the best interest of the state unless otherwise prohibited. (C) In ...

Section 125.18 | Office of information technology - duties of director - contracts.

...public employees retirement system, the Ohio police and fire pension fund, the state teachers retirement system, the school employees retirement system, the state highway patrol retirement system, the general assembly or any legislative agency, the capitol square review advisory board, or the courts or any judicial agency.

Section 125.25 | Debarment of vendor from contract awards.

...(A) The director of administrative services may debar a vendor from consideration for contract awards upon a finding based upon a reasonable belief that the vendor has done any of the following: (1) Abused the selection process by repeatedly withdrawing bids or proposals before purchase orders or contracts are issued or failing to accept orders based upon firm bids; (2) Failed to substantially perform a contract ac...

Section 125.81 | Department of administrative services - powers and duties.

...The department of administrative services shall: (A) Analyze and inspect continuously the utilization of all structures and real estate owned by the state or used by its agencies; and analyze and inspect continuously the condition of all such properties and their adequacy for the operations for which they are used. (B) Promulgate standards relating to the type of architecture, plan of, and utilization of buildings ...

Section 125.90 | Administrative rules.

...For the purpose of executing its authority, under sections 125.84 to 125.90 of the Revised Code, and in order to continuously conform with current federal property disposal acts and applicable rules of federal departments, agencies, boards, and commissions, the department of administrative services, notwithstanding the provisions of Chapter 119. of the Revised Code, may adopt, amend, or rescind rules and orders and p...

Section 127.16 | Purchasing by competitive selection.

...ying to entertainment contracts for the Ohio state fair entered into by the Ohio expositions commission, provided that the controlling board has given its approval to the commission to enter into such contracts and has approved a total budget amount for such contracts as agreed upon by commission action, and that the commission causes to be kept itemized records of the amounts of money spent under each contract and a...

Section 128.99 | Penalties.

...(A) Whoever violates division (F) of section 128.96 of the Revised Code is guilty of a misdemeanor of the fourth degree. (B) Whoever violates division (G) or (H) of section 128.96 or division (B)(2) of section 128.60 of the Revised Code is guilty of a misdemeanor of the fourth degree on a first offense and a felony of the fifth degree on each subsequent offense. (C) If a wireless service provider, reseller, or ...

Section 129.041 | Deficiency in sinking fund.

...If the principal of, or interest on, the bonded debt of the state is about to become due and the money in the state treasury to the credit of the sinking fund is insufficient for the payment thereof, the commissioners of the sinking fund shall file with the director of budget and management a written notice of the amount of the deficiency. The director shall obtain sufficient funds to eliminate the deficiency by mean...

Section 1301.108 | Relation to Electronic Signatures in Global and National Commerce Act - UCC 1-108.

...Relation to Electronic Signatures in Global and National Commerce Act [UCC 1-108] This chapter modifies, limits, and supersedes the federal "Electronic Signatures in Global and National Commerce Act," 15 U.S.C. section 7001 et seq., except that nothing in this chapter modifies, limits, or supersedes section 7001(c) of that act or authorizes electronic delivery of any of the notices described in section 7003(b...

Section 1301.303 | Course of performance, course of dealing, and usage of trade - UCC 1-303.

...Course of performance, course of dealing, and usage of trade [UCC 1-303] (A) A "course of performance" is a sequence of conduct between the parties to a particular transaction that exists if: (1) The agreement of the parties with respect to the transaction involves repeated occasions for performance by a party; and (2) The other party, with knowledge of the nature of the performance and opportunity for objec...

Section 1301.311 | Transactions entered into before 7-1-62 - UCC 10-102(2).

...Transactions entered into before 7-1-62 [UCC 10-102(2)] Transactions validly entered into before July 1, 1962, and the rights, duties, and interests flowing from them remain valid after that date and may be terminated, completed, consummated, or enforced as required or permitted by any statute or other law amended or repealed by Amended Senate Bill No. 5 of the 104th General Assembly as though that repeal or ...

Section 1301.401 | Effect of recording documents.

...(A) For purposes of this section, "public record" means either of the following: (1) Any document described or referred to in section 317.08 of the Revised Code; (2) Any document the filing or recording of which is required or allowed under any provision of Chapter 1309. of the Revised Code. (B) The recording with any county recorder of any document described in division (A)(1) of this section or the filing ...

Section 1302.03 | Goods to be severed from realty - recording - UCC 2-107.

...(A) A contract for the sale of minerals or the like, including oil and gas, or a structure or its materials to be removed from realty is a contract for the sale of goods within sections 1302.01 to 1302.98 of the Revised Code, if they are to be severed by the seller but until severance a purported present sale thereof which is not effective as a transfer of an interest in land is effective only as a contract to sell. ...

Section 1302.10 | Additional terms in acceptance or confirmation - UCC 2-207.

...(A) A definite and seasonable expression of acceptance or a written confirmation that is sent within a reasonable time operates as an acceptance even though it states terms additional or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms. (B) The additional terms are to be construed as proposals for addition to the contract. Bet...

Section 1302.22 | Absence of specific time provisions - notice of termination - UCC 2-309.

...(A) The time for shipment or delivery or any other action under a contract if not provided in sections 1302.01 to 1302.98, inclusive, of the Revised Code or agreed upon shall be a reasonable time. (B) Where the contract provides for successive performances but is indefinite in duration it is valid for a reasonable time but unless otherwise agreed may be terminated at any time by either party. (C) Termination of a c...

Section 1302.41 | Sale by auction - UCC 2-328.

...(A) In a sale by auction if goods are put up in lots each lot is the subject of a separate sale. (B) A sale by auction is complete when the auctioneer so announces by the fall of the hammer or in other customary manner. Where a bid is made while the hammer is falling in acceptance of a prior bid, the auctioneer may in his discretion reopen the bidding or declare the goods sold under the bid on which the hammer was f...

Section 1302.74 | Procedure on notice claiming excuse - UCC 2-616.

...(A) Where the buyer receives notification of a material or indefinite delay or an allocation justified under section 1302.73 of the Revised Code, he may by written notification to the seller as to any delivery concerned, and where the prospective deficiency substantially impairs the value of the whole contract under section 1302.70 of the Revised Code relating to breach of installment contracts, then also as to the w...

Section 1302.80 | Seller's resale including contract for resale - UCC 2-706.

...(A) Under the conditions stated in section 1302.77 of the Revised Code on seller's remedies, the seller may resell the goods concerned or the undelivered balance thereof. Where the resale is made in good faith and in a commercially reasonable manner the seller may recover the difference between the resale price and the contract price together with any incidental damages allowed under section 1302.84 of the Revised Co...

Section 1302.92 | Liquidation or limitation of damages - deposits - UCC 2-718.

...(A) Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or non-feasibility of otherwise obtaining an adequate remedy. A term fixing unreasonably large liquidated damages is void as a penalty. (B) Where the seller justifiably withhold...

Section 1302.97 | Proof of market price - time and place - admissibility of market quotations - UCC 2-723, 2-724.

...(A) If an action based on anticipatory repudiation comes to trial before the time for performance with respect to some or all of the goods, any damages based on market price, sections 1302.82 or 1302.87 of the Revised Code, shall be determined according to the price of such goods prevailing at the time when the aggrieved party learned of the repudiation. (B) If evidence of a price prevailing at the times or places d...

Section 1303.42 | Signature by representative - UCC 3-402.

...(A) If a person acting, or purporting to act, as a representative signs an instrument by signing either the name of the represented person or the name of the signer, the represented person is bound by the signature to the same extent the represented person would be bound if the signature were on a simple contract. If the represented person is so bound, the signature of the representative is the "authorized signature ...

Section 742.31 | Contribution by employee; adjustments by board.

...centage of the employee's salary to the Ohio police and fire pension fund according to the following schedule: (1) For salary earned in pay periods beginning not later than July 1, 2013, ten per cent; (2) For salary earned in pay periods beginning not earlier than July 2, 2013, but not later than July 1, 2014, ten and three-quarters per cent; (3) For salary earned in pay periods beginning not earlier than Ju...

Section 742.32 | Reporting employee deductions.

...retary of the board of trustees of the Ohio police and fire pension fund a report of employee deductions in such form as the board requires. The report shall show all deductions for the fund made pursuant to section 742.31 of the Revised Code and shall be accompanied by payments covering the total of such deductions. The report shall also include the name of each member for whom deductions were made and the por...

Section 742.33 | Police officer employers' contribution.

...h dates as the board of trustees of the Ohio police and fire pension fund requires, from its general fund, or from a levy imposed pursuant to division (J), (W), or (JJ) of section 5705.19 of the Revised Code, to the fund an amount known as the "police officer employers' contribution," which shall be nineteen and one-half per cent of the salaries as defined in division (L) of section 742.01 of the Revised Code of the ...

Section 742.34 | Firefighter employers' contribution.

...h dates as the board of trustees of the Ohio police and fire pension fund requires, from its general fund, or from a levy imposed pursuant to division (I), (W), or (JJ) of section 5705.19 of the Revised Code, to the fund an amount known as the "firefighter employers' contribution," which shall be twenty-four per cent of the salaries as defined in division (L) of section 742.01 of the Revised Code of the members of th...

Section 742.351 | Notice of member's election to retire.

...ection 742.444 of the Revised Code, the Ohio police and fire pension fund shall request from the employer verification of the member's termination date and any other information the fund determines necessary to calculate and pay a pension under division (C) of section 742.37 of the Revised Code. The request shall be on a form created by the fund and specify the date by which the information must be received by the f...

Section 742.352 | Failure to transmit certain reports and payments concerning deductions.

...Code. (C) The board of trustees of the Ohio police and fire pension fund may adopt rules to do all of the following: (1) Establish penalties in amounts that do not exceed the amounts described in this section; (2) Establish standards to determine whether an employer has submitted a report in the form required by the board; (3) Lengthen the periods of time for employers to comply with sections 742.32, 742.35, and ...

Section 742.353 | Failure to transmit certain reports and payments concerning retirement election.

...Code. (C) The board of trustees of the Ohio police and fire pension fund may adopt rules to do all of the following: (1) Establish penalties in amounts that do not exceed the amounts described in this section; (2) Establish standards to determine whether an employer has submitted a form, report, or statement in the form required by the board; (3) Lengthen the periods of time for employers to comply with sections ...

Section 742.361 | Certification of amount required to be paid.

...hereafter, the board of trustees of the Ohio police and fire pension fund shall certify to the treasurer of state the amount required to be paid in the preceding fiscal year to persons first receiving a benefit or allowance prior to July 1, 1981, under divisions (D), (E), (F), and (H)(2), (3), and (4) of section 742.37 and by sections 742.377 and 742.3710 of the Revised Code. Upon receipt of such certification, the t...

Section 742.362 | Annual payment in lieu of employer contribution.

...er of state shall make a payment to the Ohio police and fire pension fund in August 1981 and each August thereafter from appropriations made for the purpose by the general assembly.

Section 742.374 | Additional pension payments for retirees on and after 12-31-71.

...each year, the board of trustees of the Ohio police and fire pension fund shall certify to the treasurer of state the amount required to be paid in the preceding fiscal year under this section. Upon receipt of such certification, the treasurer of state shall pay to the fund the amount certified.

Section 742.3711 | Optional plans upon retirement.

...engaged by the board of trustees of the Ohio police and fire pension fund to be the actuarial equivalent of the member's retirement allowance and is approved by the board. (1) Option 1. The member's lesser retirement allowance shall be paid for life to the sole beneficiary designated at the time of the member's retirement. (2) Option 2. One-half or some other portion of the member's lesser retirement allowance shal...

Section 742.3713 | Increase in monthly benefit effective 11-15-81.

...fter November 15, 1981, a member of the Ohio police and fire pension fund who is receiving a pension or benefit effective prior to February 28, 1980, under division (A), (B), or (C) of section 742.37 or division (C)(2), (3), (4), or (5) of former section 742.37 of the Revised Code shall have such pension or benefit increased by forty-six dollars. The following are not eligible to receive the increase provided by thi...

Section 742.3717 | Annual cost of living increase.

.... (B)(1) The board of trustees of the Ohio police and fire pension fund shall annually increase all benefits payable to eligible persons by three hundred sixty dollars, except that no benefit shall exceed the limit established by section 415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended. (2) The first increase is payable to all eligible persons on July 1, 1988. The increas...

Section 742.3719 | Increase in benefit or allowance when IRC 415 limits increased.

...re raised, the board of trustees of the Ohio police and fire pension fund shall increase the amount of the pension, benefit, or allowance of any person whose pension, benefit, or allowance payable under section 742.37, 742.3716, 742.3717, or 742.39 of the Revised Code was limited by the application of section 415. The amount of the increased pension, benefit, or allowance shall not exceed the lesser of the amount the...

Section 742.3721 | Qualified governmental excess benefit arrangement maintained and established.

...The board of trustees of the Ohio police and fire pension fund may establish and maintain a qualified governmental excess benefit arrangement that meets the requirements of division (m) of section 415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended, and any regulations adopted thereunder. If established, the arrangement shall be a separate portion of the fund and be maintained sole...

Section 742.38 | Minimum medical testing and diagnostic standards or procedures to be incorporated into physical examinations for prospective members.

...(A)(1) The board of trustees of the Ohio police and fire pension fund shall adopt rules establishing minimum medical testing and diagnostic standards or procedures to be incorporated into physical examinations administered to prospective members of the fund. The standards or procedures shall include diagnosis and evaluation of the existence of any heart disease, cardiovascular disease, or respiratory disease. The rul...

Section 742.42 | Maintenance of individual account.

...The board of trustees of the Ohio police and fire pension fund shall provide for the maintenance of an individual account with each member of the fund and other system retirant showing the amount of the member's or retirant's contributions.

Section 742.43 | Deferred retirement option plan established.

...The board of trustees of the Ohio police and fire pension fund shall establish and administer a deferred retirement option plan. In establishing and administering the plan, the board shall comply with sections 742.44 to 742.446 of the Revised Code and may do all things necessary to meet the requirements of section 401(a) of the "Internal Revenue Code of 1986," as amended, applicable to governmental plans. The board ...

Section 742.44 | Electing to participate in deferred retirement option plan.

...ember shall complete and submit to the Ohio police and fire pension fund a form prescribed by the fund. At this time the member may, but is not required to, elect under section 742.3711 of the Revised Code to have the member's monthly pension calculated as a retirement allowance payable throughout the member's life or a retirement allowance under option 2 in division (A) of section 742.3711 of the Revised Code...

Section 742.441 | Effect of electing to participate in deferred retirement option plan.

...ent, the member shall contribute to the Ohio police and fire pension fund in accordance with section 742.31 of the Revised Code and the employer shall contribute and report in accordance with either section 742.33 or 742.34 of the Revised Code. Neither the member nor the member's spouse and dependents are eligible for benefits under section 742.45 of the Revised Code while the member is participating in the deferred...

Section 742.442 | Determining pension amount if electing to participate in deferred retirement option plan.

...he deferred retirement option plan, the Ohio police and fire pension fund shall determine under division (C)(1) of section 742.37 of the Revised Code the monthly pension amount that would be payable to the member had the member elected to receive a pension under that division. In determining the pension amount, the fund shall use the member's total service credit and average annual salary as of the last day of ...

Section 742.443 | Accrual of monthly pension amount, cost-of-living increases and member contributions if electing to participate in deferred retirement option plan.

...ontributions for that period. (3) The Ohio police and fire pension fund shall credit the portion of a member's contributions that are not accrued to the member's benefit under division (B)(1) or (2) of this section to the police officers' contribution fund or firefighters' contribution fund, as appropriate. (C) During the period beginning on the election's effective date and ending on the day before the date ...

Section 742.445 | Termination of participation in deferred retirement option plan because of acceptance of disability benefit.

...awarded by the board of trustees of the Ohio police and fire pension fund, both of the following apply: (A) The member shall forfeit all amounts that have accrued under section 742.443 of the Revised Code to the member's benefit under the deferred retirement option plan, and those amounts shall be treated as if the member had continued in the active service of a police or fire department and not participated in the ...

Section 742.446 | Death benefit if electing to participate in deferred retirement option plan.

...by the member on a form provided by the Ohio police and fire pension fund. If there is no surviving spouse or designated beneficiary, the amounts accrued to the member's benefit shall be paid to the member's estate. A surviving spouse or designated beneficiary may select a method of distribution described in division (B)(3) of section 742.444 of the Revised Code. Any amount payable to the member's estate shall be pai...

Section 742.447 | Verifying termination of active service.

...er's termination of active service, the Ohio police and fire pension fund shall request from the employer verification of the member's termination date and any other information the fund determines necessary to calculate and pay a pension under that division. The verification of termination shall be filed in accordance with section 742.351 of the Revised Code.