Ohio Adm.Code 5505 | Ohio Administrative Code 5505 — State Highway Patrol Retirement System

Chapter 5505-1 Public Notice

Ohio Adm.Code 5505-1-01 Rule adoption - method of public notice.

(A) The board shall distribute all adopted rules to

(1) The state highway patrol with instructions to distribute to each facility where members of the state highway patrol retirement system are assigned and

(2) Each recognized statewide organization representing members and/or benefit recipients of the state highway patrol retirement system.

Last updated July 16, 2026 at 8:03 AM

History

Effective: April 26, 2011
Promulgated Under: 111.15

Chapter 5505-3 Retirement

Ohio Adm.Code 5505-3-01 Eligibility date of retirement benefits.

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

(B) For reduced retirement benefits, the eligibility date shall be the later of the date following the last working date as a member or the date the member is eligible and elects to receive a reduced retirement benefit, with no duplication of salary and pension.

(C) For disability benefits, the eligibility date shall be the later of the date following the last working date as a member or the date disability benefits are approved by the board, with no duplication of salary and pension.

(D) A member shall apply for benefits on a form prescribed by the board.

(1) A retirement application is considered filed when a completed retirement application has been received by the staff of the retirement system unless the applicant has requested in writing that the application be held until further direction. Upon receipt of the applicant's written intent to activate the application, the application shall be considered to be filed.

(2) Member communications with retirement system staff about the potential filing of a retirement application shall be considered confidential.

(3) The retirement system shall notify the superintendent of the state highway patrol upon the filing of a retirement application.

(4) A member may withdraw a retirement application in writing at any time prior to the retirement board's approval of the application.

Last updated July 16, 2026 at 8:03 AM

History

Effective: April 26, 2011
Promulgated Under: 111.15

Ohio Adm.Code 5505-3-02 Disability retirement application and hearing process.

(A) For the purpose of sections 5505.18 and 5505.181 of the Revised Code and agency 5505 of the Administrative Code:

(1) "Member" shall have the meaning described in division (I) of section 5505.01 of the Revised Code except "member" does not include state highway patrol cadets attending training schools pursuant to section 5503.05 of the Revised Code.

(2) A terminated employee, whether the termination from the state highway patrol is voluntary or involuntary, ceases to be a member of the state highway patrol retirement system (HPRS). Except as provided in rule 5505-3-07 of the Administrative Code, a member shall not be considered terminated while receiving benefits pursuant to section 124.385 of the Revised Code.

(3) "Totally and permanently incapacitated" means a disabling condition that physically or mentally totally incapacitates a member from the performance of regular duty for a period of at least twelve months from the date of HPRS's receipt of the completed application packet.

(4) "In the line of duty" means an illness or injury that occurred during or resulted from the performance of official duties under the direct supervision of the state highway patrol.

(5) "Not in the line of duty" means an illness or injury that did not occur during or result from the performance of official duties under the direct supervision of the state highway patrol. Unless the illness or injury meets the presumption criteria outlined in division (A) of section 5505.18 of the Revised Code or competent and credible evidence is submitted to HPRS, a disability condition is presumed to be not in the line of duty.

To be eligible for retirement on account of a disability incurred not in the line of duty, the member must have accrued five years of service credit since becoming a "member" as defined by this rule and section 5505.18 of the Revised Code.

(6) "Disability committee," as referred to in this rule, shall mean the "health, wellness, and disability" standing committee established pursuant to paragraph (A)(1) of 5505-9-08 of the Administrative Code.

(7) "Medical advisor," as referred to in this rule, shall mean the expert physician appointed by HPRS' board who advises the disability committee and board during its deliberations relating to disability applications.

(8) "Examining physician" means a physician recommended by the medical advisor and approved by the HPRS board.

(9) Unless otherwise stated in this rule, all notifications or correspondence shall be sent by regular U.S. mail to the member's address included in disability benefits application unless HPRS receives notice in writing of an alternative address.

(B) A disability benefits application packet, hereafter referred to as application packet, provided by HPRS may be filed by a member, a person acting on behalf of a member, or the superintendent of the state highway patrol. In order for the application packet submission to be considered complete, the applicant will submit the following:

(1) A completed application for disability benefits, on a form approved by the board, listing the disabling condition(s),

(2) Attending physician medical evaluation form and statement, on a form approved by the board, supporting the disabling condition(s) listed in the application,

(3) Employer determination and completed form of applicant's inability to perform his/her job duties and responsibilities, and

(4) All medical reports and documentation that relate to the disabling conditions listed in the application. All medical reports must be received within one week of initial submission of application.

(5) An incomplete application packet will not be accepted and will not be considered filed.

(6) Once an application packet has been accepted by HPRS and submitted to the medical advisor, additional medical reports or documentation will not be accepted unless requested by the board, disability committee or the medical advisor. Any documentation that is received by HPRS after submission of the application packet to the medical advisor shall be held and included as part of any reconsideration hearing as described within this rule. Should the right to reconsideration not be exercised, the additional medical evidence will be returned to the applicant.

(7) An application packet that does not include an attending physician medical evaluation statement that indicates the applicant is totally and permanently incapacitated will not be accepted.

(C) Upon receipt of a completed application packet, HPRS shall schedule the applicant for an examination by at least one examining physician with expertise in the disabling condition(s) listed in the application as recommended by the medical advisor, unless the medical advisor recommends it is inadvisable to do so.

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

(2) Payment of any fees connected with the preparation of reports of the examining physician(s) shall be the responsibility of HPRS.

(D) After examining the applicant and reviewing the application packet, any medical reports submitted by the applicant, and the results of any additional medical testing, the examining physician will file a written report with HPRS with the following information:

(1) Whether the member is totally incapacitated for duty in the employ of the patrol,

(2) Whether the incapacity is expected to be permanent, and

(3) The cause of the member's incapacity.

(E) After the examining physician(s)' report(s) is submitted, the medical advisor shall review the entire record and file a written report with HPRS with the following information:

(1) A recommendation of whether the applicant should be granted disability retirement benefits based on the medical advisor's independent review or the record,

(2) Whether the injury or illness was in the line of duty or not in the line of duty,

(3) Recommended medical treatment and medical reports.

The medical advisor's report shall be considered an independent medical opinion.

(F) When all necessary medical reports and records have been received by HPRS, including the completed application packet, examining physician's report described in paragraph (D) of this rule, and the medical advisor's report / recommendation described in paragraph (E) of this rule, HPRS shall schedule a hearing to be held at the next disability committee meeting. If HPRS does not receive the required information described in this paragraph of this rule at least fourteen days before the next disability committee meeting, the application will be heard at the following scheduled meeting of the disability committee.

(G) No less than fourteen days prior to the hearing, the applicant will be sent notification of:

(1) The hearing date and time, and

(2) The right to appear at the hearing, with or without counsel, to present testimony.

(3) If circumstances warrant it, the notice requirement may be waived upon mutual consent of the applicant and HPRS.

(H) The disability committee hearing will be held in executive session. An audio recording of testimony on behalf of the applicant will be made to provide the disability committee and board with a record for further review, notwithstanding rule 5505-9-07 of the Administrative Code. The disability committee will consider the application packet, the examining physician's report, the recommendation of the medical advisor, and other relevant information.

(1) Consideration of a member's application by the disability committee and board shall be limited to the disabling condition(s) listed in the application and listed in the attending physician's report as described in paragraph (B)(2) of this rule that are supported by medical documentation provided to HPRS.

(2) Acts occurring after the application packet is completed and accepted that create new disabling condition(s) or progress the disabling condition(s) described in paragraph (H)(1) of this rule will not be considered by the disability committee or the board. Nothing in this division shall preclude a member from filing a new application for disability benefits.

(I) The disability committee may recommend one or more of the following to the board:

(1) Approval or denial of the application,

(2) A finding on whether or not the disability occurred in the line of duty,

(3) A finding that disability retirement be contingent on compliance with a treatment plan,

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

(5) No decision, if the disability committee cannot agree on a recommendation or acquire a majority vote.

(J) No more than five days after the hearing, the applicant will be sent notification of:

(1) The disability committee's recommendations,

(2) The right to request reconsideration of the disability committee's decision.

(K) No more than twenty days after the initial hearing, the applicant may file a written request for reconsideration. The written request shall be accompanied by a statement from the applicant, his or her counsel and/or attending physician that the request for reconsideration will be based on evidence contrary to the findings of the examining physician or the committee.

(1) The request for reconsideration will be considered at the next regularly scheduled meeting of the disability committee unless rescheduled for the reasons outlined in paragraph (K)(2) of this rule.

(2) No more than ten days after requesting reconsideration, the member must file new medical evidence relative to the disabling condition(s) considered by the disability committee. The member may request one extension of twenty days to submit new medical information. One additional extension, of no greater than twenty days, will be granted if the member can show, and the medical advisor concurs, that additional time is needed to obtain relevant new medical evidence that is already in progress. If additional extensions are granted, the request for reconsideration will be rescheduled to the next available disability committee meeting. HPRS shall void the request for reconsideration if new medical evidence is not received by HPRS in the time described in this paragraph.

(3) Copies of the reports of the examining physician will be sent to the member and the member's agent upon written authorization of the member, unless the release of such reports is otherwise prohibited by law. The medical advisor's recommendation will not, however, be released until the committee has made a recommendation regarding the member's disability application.

(4) The disability committee will consider only new medical evidence and new relevant information submitted in support of the request for reconsideration.

(5) The applicant has the right to appear at the hearing, with or without counsel, to present new relevant evidence and testimony, and

(6) Evidence, information, or other documentation not already submitted in accordance with this rule will not be permitted.

(L) At the conclusion of the reconsideration hearing, the disability committee may recommend one or more of the following to the board:

(1) Approval or denial of the application,

(2) A finding on whether or not the disability occurred in the line of duty,

(3) A finding that disability retirement be contingent on compliance with a treatment plan,

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

(5) No decision, if the disability committee cannot agree on a recommendation or acquire a majority vote.

(M)

(1) Except as provided in paragraph (M)(2) of this rule, the committee's recommendation will be considered at the next regularly scheduled meeting of the board. The board may adopt or reject the recommendation, in whole or in part, or remand the recommendation to the disability committee for further consideration. Unless requested by the board, an applicant may not appear before the board. The decision of the board is final.

(2) If the disability committee postpones determination pursuant to paragraph (L)(4) of this rule, no more than five days after the hearing, the applicant will be sent notification of the reason for the postponement and the date the committee will make a final recommendation to the board.

(N) The member will be notified of the board's action no more than ten days after the board meets. If benefits are granted, the member shall be advised of the member's right to:

(1) Accept the benefit granted; or

(2) Waive the benefit and continue working

(a) No later than thirty days after the board's final action, the member shall elect, on a form provided by the board, either to accept or waive the board's grant of disability benefits.

(b) If no such election is made within the thirty-day period provided in paragraph (N)(2)(a) of this rule, the award shall be rescinded. If benefits are accepted but the member fails to terminate employment with the state highway patrol within the thirty-day period provided in paragraph (N)(2)(a) of this rule, the award shall be rescinded.

(O) As a condition to granting an application for disability benefits, the member shall agree in writing, on a form provided by the board, to obtain any medical treatment recommended by the examining physician or medical advisor and submit the required medical reports as required by the board.

(1) 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.

(2) The member shall also agree in writing to provide, upon HPRS' request, any existing medical report relevant to the member's disability.

(3) If the member fails to submit a required medical report or does not continue treatment, the member's disability benefit shall be suspended until such report is received by HPRS, the member resumes treatment or the physician providing treatment certifies, and the medical advisor concurs, that treatment is no longer helpful or advisable. If such failure continues for one year, the disability benefit shall be terminated.

(P) Any subsequent application for a disability benefit filed after a denial of a disability application or termination of previously granted disability benefits shall be submitted with medical evidence, to the satisfaction of the medical advisor, supporting progression of the disabling condition or evidence of a new disabling condition.

(Q) A member may withdraw an application packet prior to the disability committee's initial recommendation described in paragraph (H) of this rule.

Last updated December 6, 2023 at 7:55 AM

History

Effective: December 6, 2023
Promulgated Under: 111.15

Ohio Adm.Code 5505-3-07

(A) As provided for in section 5505.50 of the Revised Code, the date of the initial implementation of the deferred retirement option plan (DROP) shall be June 15, 2006.

(B) A member's election to participate in DROP is effective the later of:

(1) The first day of the employer's payroll immediately following the board's receipt of the notice of election;

(2) The first day of the employer's payroll designated by the member in the notice of election as long as the designated payroll is within thirty days of the board's receipt of the notice of election; or

(3) The first day of the employer's payroll immediately following the member's eligibility to participate in DROP.

(C) A DROP participant may rescind his or her election to participate in DROP, only if HPRS receives a written notice from the DROP participant that directs HPRS to rescind such election and this written notice is received by HPRS within thirty days after HPRS received the DROP participant's election, as determined by HPRS.

(D) A DROP participant may apply for disability retirement pursuant to sections 5505.18 and 5505.58 of the Revised Code and rule 5505-3-02 of the Administrative Code.

(1) HPRS shall void an application for disability retirement upon an event that terminates the member's DROP participation as defined by section 5505.55 of the Revised Code.

(2) A DROP participant who qualifies for disability retirement and elects to receive benefits pursuant to division (A)(1) or (B) of section 5505.58 of the Revised Code shall be age and service retired and not subject to the requirements of section 5505.18 of the Revised Code or rule 5505-3-03 of the Administrative Code.

(3) A DROP participant who qualifies for disability retirement and elects to receive benefits pursuant to division (A)(2) of section 5505.58 of the Revised Code shall be disability retired and subject to the requirements of section 5505.18 of the Revised Code and rule 5505-3-03 of the Administrative Code.

(4) A member that is receiving disability retirement benefits pursuant to division (A)(2) of section 5505.58 of the Revised Code that returns to active service will be considered an active member and must submit a new application for DROP. Amounts previously forfeited pursuant to section 5505.58 of the Revised Code shall not be accrued to the members benefit.

(5) A member whose participation in DROP terminates as a result of qualifying for disability pursuant to section 5505.58 of the Revised Code shall not forfeit the interest credited under division (C) of section 5505.54 of the Revised Code except as provided in division (A)(2) of section 5505.58 of the Revised Code.

(E) Interest shall continue to accrue pursuant to division (C) of section 5505.54 of the Revised Code after a member's participation in DROP ceases.

(F)

(1) As described in division (B)(1) of section 5505.56 of the Revised Code, "on or after the first day of the fourth year" and "earlier than four years" shall mean after three years have elapsed since the DROP effective date as described in paragraph (B) of this rule.

(2) As described in division (B)(2) of section 5505.56 of the Revised Code, "on or after the first day of the third year" and "earlier than three years" shall mean after two years have elapsed since the DROP effective date as described in paragraph (B) of this rule.

(G)

(1) Provided that the other candidacy eligibility criteria are met, a member participating in DROP shall be eligible to be elected as an employee member of the retirement board, but shall not be eligible to be elected as a retirant member of the retirement board.

(2) A retirement board trustee who ceases participation in DROP shall no longer be eligible to be an employee member of the board of trustees. The trustee's position on the board of trustees shall be vacant upon the effective date of the DROP termination.

(H) Surviving spouses and beneficiaries

(1) Pursuant to section 5505.59 of the Revised Code, a member may not name a spouse as a beneficiary.

(2) A surviving spouse or beneficiary shall select a method of distribution of any amount due to such person pursuant to section 5505.59 of the Revised Code within sixty days of notification from HPRS. If a method of distribution is not made within sixty days, the amounts due will be distributed as a lump sum payment.

(I) DROP termination

(1) Active service in the state highway patrol is terminated upon separation pursuant to section 124.32 of the Revised Code.

(2) Subject to paragraph (H)(1) of this rule, a member shall be considered in the active service of the state highway patrol while receiving benefits pursuant to section 124.385 of the Revised Code.

(J) Pursuant to section 5505.54 of the Revised Code, interest on DROP account balances shall be calculated at the Barclays U.S. government/credit intermediate. The interest rate shall be established at June thirtieth and December thirty-first for the following six-month period. Effective October 1, 2021, the rate of interest shall not exceed five per cent or be lower than two per cent.

(K) Effective October 1, 2021, the state highway patrol retirement system shall calculate interest on the DROP participant's DROP balance on the last day of each month.

Last updated August 8, 2022 at 8:00 AM

History

Effective: August 8, 2022
Promulgated Under: 111.15

Ohio Adm.Code 5505-9-07

(A) No person shall broadcast, televise, record, or photograph any meeting of the board or a committee of the board, unless the person first receives written permission from the board's chair.

(B) If the chair of the board or committee determines that broadcasting, televising, recording, or photographing during the meeting would not distract board members or participants or otherwise materially interfere with the achievement of the meeting, the broadcasting, television, recording, or photographing during the meetings that are open to the public may be permitted under the following conditions:

(1) A request for permission for the broadcasting, televising, recording, or photographing in the meeting room shall be made in writing to the chair of the board or committee. The request shall be made part of the record of the meeting; and

(2) The chair of the board or committee grants written permission prior to commencement of the meeting. The written permission shall be made part of the record of the meeting.

(a) If permission is granted, the place or places in the meeting room where operators and equipment are to be positioned shall be specified by the chair of the board or committee.

(b) The filming, videotaping, recording, or photographing of any person who objects, shall not be permitted.

Last updated November 1, 2023 at 10:26 AM

History

Effective: February 1, 2013
Promulgated Under: 111.15

Ohio Adm.Code 5505-3-03 Review of eligibility to continue disability retirement benefits.

(A) For the purpose of this rule:

(1) "Medical advisor" and "examining physician" have the same meaning as rule 5505-3-02 of the Administrative Code.

(2) "Benefit recipient" means any person who is receiving disability retirement benefits pursuant to section 5505.18 of the Revised Code.

(B) Every benefit recipient under the age of sixty annually shall be subject to a medical examination by HPRS' examining physician, unless the board's medical advisor certifies that a benefit recipient's disability is ongoing and the board waives the requirement that the benefit recipient undergo an annual medical examination.

(C) Every person under the age of sixty who is receiving disability benefits pursuant to section 5505.18 of the Revised Code shall annually submit a statement of earnings, an attending physician's report, and any other medical or employment information as deemed necessary by the executive director or medical advisor to determine whether the benefit recipient is still disabled as defined by section 5505.18 of the Revised Code. The board may waive the requirement to submit an annual statement of earnings or attending physician's report if the board's medical advisor certifies that a disability benefit recipient's disability is ongoing.

(1) The information required pursuant to paragraph (C) of this rule shall be submitted at a time designated by the executive director, and shall be reported on forms provided by HPRS.

(2) The information required pursuant to paragraph (C) of this rule shall be reviewed by the medical advisor. If the medical advisor determines the benefit recipient may no longer be disabled or if the benefit recipient has requested termination of benefits, HPRS shall:

(a) Schedule a medical examination with an examining physician recommended by the medical advisor.

(b) If the examining physician certifies the benefit recipient no longer meets the disability standards set forth in section 5505.18 of the Revised Code, HPRS staff and medical advisor shall present the benefit recipient's file to the board at the next available meeting. No additional information will be accepted from the benefit recipient accept as described in paragraph (E)(2) of this rule. Unless requested by the board, the benefit recipient may not appear before the board.

(3) The board shall review the examining physician's report and if it concurs with the examining physician's certification that the benefit recipient no longer meets the disability standards set forth in section 5505.18 of the Revised Code, the disability benefits shall terminate the earlier of:

(a) Thirty days after the board concurs with the examining physician's certification,

(b) Upon employment with the state highway patrol, or

(d) Notwithstanding paragraph (C)(3)(a) of this rule, disability benefits will terminate the earlier of sixty days after the board concurs with the examining physician's certification or upon employment with the state highway patrol if HPRS receives confirmation from the state highway patrol that the benefit recipient will be reinstated.

(D) The benefit recipient will be sent notification of the board's action no more than five days after the board meets and such notice will be sent by regular US mail to the benefit recipient's last known address. The notice will inform the benefit recipient of the date his or her benefits will terminate, if applicable, and his or her right to appeal.

(E) Within twenty days of the board's decision, the benefit recipient may file a written notice of appeal. The notice of appeal shall reference the decision being appealed and shall include the reason(s) why the decision is being appealed. If the benefit recipient does not file a notice of appeal as described in this rule, the board's determination made under paragraph (C) of this rule is final.

(1) The notice of appeal will be considered at the next regularly scheduled meeting of the board. Except as provided in this rule, benefits shall not be terminated while an appeal is pending.

(2) Within forty days of the board's determination made under paragraph (C) of this rule, the benefit recipient must file any evidence he or she would like considered by the board. New disabling conditions and the related medical evidence will not be considered. Extensions will only be granted if the benefit recipient can show, and the board chair concurs, that additional time is needed to obtain relevant new medical evidence and the process for obtaining that evidence is already in process. HPRS shall void the notice of appeal if new evidence is not received by HPRS in the time described in this paragraph.

(3) Copies of the reports of the examining physician and medical advisor will be sent to the member and the member's agent upon written authorization of the member, unless the release of such reports is otherwise prohibited by law. However, the medical advisor's recommendation will not be released until the board has made an initial decision regarding the member's disability benefits.

(4) The applicant has the right to appear at the hearing, with or without counsel, to present new testimony.

(5) Evidence, information, or other documentation not already submitted in accordance with this rule will not be permitted.

(6) The board's decision is final.

(F) Nothing in this rule or any waiver granted by the board shall waive any rights of HPRS to request the benefit recipient to undergo a medical examination if information is received at any time which indicates the benefit recipient may no longer be eligible for disability benefits.

(G) Any benefit recipient who desires to be reexamined in conjunction with a request to return to active duty status shall first be required to submit a medical examination report from a physician of his or her choice, which certifies that the benefit recipient is no longer eligible for disability benefits. The benefit recipient shall then be subject to the process described in paragraph (C) of this rule.

(H) Failure to comply with the provisions identified in this rule may result in the suspension of disability and healthcare benefits.

(1) Unless for good cause shown, the disability benefit recipient shall be presumed to have refused to submit to the medical examination by an examining physician if HPRS has scheduled such examinations two times and such disability benefit recipient has canceled, rescheduled, or failed to submit to such scheduled medical examinations.

(2) The refusal of a benefit recipient to submit to a medical examination or submit employment information requested pursuant paragraphs (B) and (C) 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 thirty days prior written notice to the benefit recipient and shall continue until compliance.

(a) 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 thirty day notice period.

(b) In the event the benefit recipient submits to the required medical examination or information after the aforementioned thirty day notice period, HPRS will reinstate the benefit recipient's disability and health care or prescription drug benefits selected by the benefit recipient, if any, on the first day of the month immediately following the benefit recipient's compliance.

Last updated November 1, 2023 at 10:22 AM

History

Effective: May 18, 2017
Promulgated Under: 111.15

Ohio Adm.Code 5505-3-03.1

(A) For the purpose of division (F)(1) of section 5505.18 of the Revised Code, "law enforcement officer" includes any "member of a police department" as defined by section 742.01 of the Revised Code and the associated administrative rules and any person that is appointed, commissioned, compensated, designated, employed, engaged, volunteering, or otherwise serving as one of the following:

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

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

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

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

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

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

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

(8) A natural resources officer in the department of natural resources governed by section 1501.24 of the Revised Code or a similar job position outside the state of Ohio;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(B) For the purpose of this rule, "Benefit Recipient" shall have the same meaning as rule 5505-3-03 of the Administrative Code.

(C) If the executive director determines that a benefit recipient is employed in a position described in division (A) of this rule, HPRS staff and medical advisor shall present the benefit recipient's file to the board at the next board meeting. If the board concurs with the executive director's determination, disability benefits shall terminate effective the date the benefit recipient accepted employment that resulted in the termination of benefits. Unless requested by the board, the benefit recipient may not appear before the board.

(D) The benefit recipient will be sent notification of the board's action no more than five days after the board meets and such notice will be sent by regular U.S. mail to the benefit recipient's last known address. The notice will inform the benefit recipient of the date his or her benefits will terminate and his or her right to appeal.

(1) The notice of appeal will be considered at the next regularly scheduled meeting of the board. Except as provided in this rule, benefits shall not be terminated while an appeal is pending.

(2) Within forty days of the board's determination made under paragraph (C) of this rule, the benefit recipient must file any evidence he or she would like considered by the board. No extensions shall be granted. HPRS shall void the notice of appeal if new evidence is not received by HPRS in the time described in this paragraph.

(3) The applicant has the right to appear at the hearing, with or without counsel, to present new testimony.

(4) Evidence, information, or other documentation not already submitted in accordance with this rule will not be permitted.

(5) The board's decision is final.

Last updated August 8, 2022 at 8:00 AM

History

Effective: August 8, 2022
Promulgated Under: 111.15

Ohio Adm.Code 5505-3-04 Reemployed retirants.

(A) A retirant whose reemployment, whether full-time or part-time, is covered by one of the other Ohio public retirement plans is subject to the following:

(1) If reemployment occurs prior to the pension eligibility date, or before the end of thirty days following the pension eligibility date, two months' pension allowance shall be forfeited.

(2) If reemployment occurs after thirty days but before the end of sixty days following the pension eligibility date, one month's pension allowance shall be forfeited.

(3) A DROP participants' pension eligibility date is the day following the event terminating the member's participation in DROP as defined by sections 5505.55, 5505.56, and 5505.58 of the Revised Code.

(4) Notwithstanding the prior provisions, if reemployment occurs sixty days or more prior to the pension eligibility date, no pension allowance shall be forfeited.

(B) If a pension allowance has been paid to a reemployed retirant who is not entitled to it because of paragraph (A) of this rule that amount shall be withheld from future payments due to the retirant. In the event that future payments due to the retirant are less than the amount to be forfeited, the retirant must immediately reimburse the system for the difference.

Last updated November 1, 2023 at 10:23 AM

History

Effective: February 1, 2013
Promulgated Under: 111.15

Ohio Adm.Code 5505-3-05 Selection of payment plan.

(A) A member of the state highway patrol retirement system who retires under section 5505.16 of the Revised Code may elect a plan of payment and nominate a beneficiary pursuant to section 5505.162 of the Revised Code. The plan of payment selection and beneficiary nomination may be changed at any time prior to the pension eligibility date of retirement benefits as defined in rule 5505-3-01 of the Administrative Code. After the pension eligibility date, the plan of payment and beneficiary nomination is irrevocable except for as defined in this rule.

(B) A retirant may submit an application to change the plan of payment and beneficiary on a form prescribed by the board. Upon receipt of an application submitted by the retirant, except as provided in paragraph (F) of this rule, an optional plan of payment will be changed to a single lifetime pension:

(1) Option plan cancellation the month following receipt of a completed application provided:

(a) The designated beneficiary consents to cancellation of his or her designation;

(b) The completed application is received from the retirant within one year of the retirant's first pension payment.

(2) Death of a beneficiary the month after the date of death regardless of when the application is received. In the event appropriate documentation is not provided within ninety days of the beneficiary's death, HPRS shall reinstate the nomination of the beneficiary until such time as HPRS receives the appropriate supporting documentation on the death of the beneficiary.

(3) Divorce, annulment or marriage dissolution the first month following receipt of a completed application provided the retirant submits spousal consent or a court order specifically authorizing the reselection of plan of payment on the basis of the marriage termination.

(D) 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.

(E) A retirant may elect an optional plan of payment following marriage or remarriage provided:

(1) The application is received from the retirant within one-year of marriage or remarriage;

(2) Only the new spouse may be nominated as a new beneficiary; and

(3) If the retirant had selected a plan of payment pursuant to division (A)(2)(d) of section 5505.162 of the Revised Code, the new spouse may be designated a beneficiary only if the retirant does not already have four beneficiaries designated under that plan at the time the retirant applies to add the new spouse.

(F) The death of any designated beneficiary under division (A)(2)(d) of section 5505.162 of the Revised Code shall not change the plan of payment. The plan benefit shall continue to the remaining designated beneficiaries in their same percentages and the deceased beneficiary's portion shall revert to the retirant for the remainder of his or her lifetime. A retirant may not cancel the plan of payment and return to a single lifetime pension equivalent until the date of death of all designated beneficiaries under that plan. The effective date of this change shall be the first day of the month following the date of death of the last living beneficiary.

(G) For purposes of determining the priority of court orders issued under section 3105.171 or 3105.65 of the Revised Code or the laws of another state regarding the division of marital property that require the member to elect a plan of payment set forth in division (A)(2)(d) of section 5505.162 of the Revised Code and designate a former spouse as beneficiary, HPRS shall process such court orders in the order in which they are received by HPRS. In no event shall the member's lesser allowance or portion of the lesser retirement allowance be paid to more than four surviving beneficiaries.

(H) Any benefit paid to a beneficiary under the joint and survivor annuity or life annuity certain and continuous is in addition to the automatic surviving spouse benefit in accordance with section 5505.17 of the Revised Code. Section 401(a)(9) of the Internal Revenue Code of 2015, 26 U.S.C.A. 401(a)(9) prohibits the payment of a benefit to a designated beneficiary or a combination of payments made to a surviving spouse and designated beneficiary that exceeds the amount the retirant was receiving at the time of death.

Last updated November 1, 2023 at 10:23 AM

History

Effective: September 12, 2016
Promulgated Under: 111.15

Ohio Adm.Code 5505-3-06 Board review of employment termination.

(A) Upon the resignation or discharge of a member of the state highway patrol who has fifteen or more years of total service credit, the board may consider whether the reason for separation was dishonesty, cowardice, intemperate habits, or conviction of a felony.

(B) The board may schedule a hearing to consider all available evidence.

(1) The former member shall be given notice of the hearing by certified mail. The notice of hearing shall be sent at least sixty days prior to the hearing. The notice shall inform that former member that he/she may submit documents to HPRS and may appear, with or without counsel, to present testimony. Documents must be received at least ten days prior to the hearing date.

(2) HPRS staff shall provide a summary memorandum and may be represented by the office of the attorney general.

(3) The former member shall be notified of the board's findings by certified mail.

(1) A request for reconsideration must be accompanied by new evidence and received by the executive director in writing within forty days of the mailing of the board's determination. If new evidence is not received, as determined by the board chair, the request for reconsideration shall be denied and the board's initial determination shall become final.

(2) The former member shall be given notice of the reconsideration hearing by certified mail. The former member shall be given the opportunity to present any new evidence submitted. No additional documentation or testimony will be accepted during the reconsideration hearing.

(3) Within ten business days, the former member shall be notified of the board's reconsideration findings by certified mail. The board's decision is final.

Last updated October 22, 2025 at 11:52 AM

History

Effective: September 8, 2015
Promulgated Under: 111.15

Ohio Adm.Code 5505-3-08 Federal tax compliance provisions.

(A) The board shall distribute the funds established in Chapter 5505. of the Revised Code to members, retirants and their beneficiaries in accordance with the provisions of such chapter. No part of the corpus or income of these funds may be used for or diverted to any purpose other than the exclusive benefit of the members, retirants, and their beneficiaries.

(B) If there is a termination of the plan described in Chapter 5505. of the Revised Code or a complete discontinuance of contributions to the plan, the rights of each affected member and retirant to the benefits accrued at the date of termination or discontinuance of contributions, to the extent then funded, are non-forfeitable.

(C) Employer contribution forfeitures of a member arising from severance of employment, death, or for any other reason shall not be applied to increase the benefits any member would otherwise receive under Chapter 5505. of the Revised Code in accordance with section 401(a)(8) of the Internal Revenue Code of 1986, 26 U.S.C.A. 401(a)(8).

(D) Notwithstanding any provisions in highway patrol retirement system rules or Chapter 5505. of the Revised Code to the contrary, distributions to members, retirants, and beneficiaries shall be made in accordance with section 401(a)(9) of the Internal Revenue Code of 1986, 26 U.S.C.A. 401(a)(9) and with the following rules:

(1) The entire interest of a member or retirant shall be distributed to such member or retirant -

(a) No later than the required beginning date, or

(b) Beginning not later than the required beginning date, in accordance with applicable regulations, over the life of such member or retirant and a designated beneficiary within the meaning of section 401(a)(9) of the Internal Revenue Code of 1986, 26 U.S.C.A. 401(a)(9).

(2) The required beginning date means April first of the calendar year following the later of:

(a) The calendar year in which the member or retirant attains the required minimum distribution age, or

(b) The calendar year in which the member retires.

(3) If distribution of a member's or retirant's benefit has begun pursuant to the provisions of section 401(a)(9) of the Internal Revenue Code of 1986, 26 U.S.C.A. 401(a)(9) , and the member or retirant dies, any survivor benefits will be distributed as reasonably practicable under the plan of payment selected under Chapter 5505. of the Revised Code and effective as of the date following the member's or retirant's death.

(4) If a member dies before the distribution of the member's interest has begun pursuant to the provisions of section 401(a)(9) of the Internal Revenue Code of 1986, 26 U.S.C.A. 401(a)(9) , any remaining interest of the member will be distributed within five years after the death of such member. Notwithstanding the foregoing, if any benefit is payable to or for the benefit of a designated beneficiary within the meaning of section 401(a)(9) of the Internal Revenue Code of 1986, 26 U.S.C.A. 401(a)(9), the benefit may be distributed (in accordance with applicable regulations) over the life of such beneficiary (or over a period not extending beyond the life expectancy of such beneficiary), provided that such distribution begin not later than one year after the date of the member's death. If the beneficiary is the surviving spouse of the member, distributions shall not be required, pursuant to this rule, to begin until the end of the calendar year in which the member would have attained the minimum distribution age and, if the spouse dies before the distribution to the spouse commences, then the spouse shall be treated as the member for purposes of this rule.

(5) Any death benefit amounts payable under Chapter 5505. of the Revised Code must comply with the incidental death benefit requirements of section 401(a)(9)(G) of the Internal Revenue Code of 1986, 26 U.S.C.A. 401(a)(9)(G).

(E) Whenever the amount of the benefit is to be determined on the basis of actuarial assumptions, no employer discretion will be permitted.

(F) A member who is entitled to a distribution which qualifies as an eligible rollover distribution pursuant to sections 401(a)(31) and 402(f)(2)(A) of the Internal Revenue Code of 1986, 26 U.S.C.A. 401(a)(31) and 402(f)(2)(A) may request that the distribution be paid in a direct rollover to another eligible retirement plan to the extent permitted by sections 401(a)(31)(A) and 408(A) of the Internal Revenue Code of 1986, 26 U.S.C. A. 401(a)(31)A) and 408(A). A qualified nonspouse beneficiary of a deceased member may only rollover directly to an inherited individual retirement account or annuity to the extent permitted by section 402(c)(11) of the Internal Revenue Code of 1986, 26 U.S.C.A. 402(c)(11).

(G) The annual compensation of each member taken into account in determining benefit accruals in any plan year beginning after December 31, 2001 shall not exceed two hundred thousand dollars. Annual compensation means "salary", as such term is defined in section 5505.01 of the Revised Code during the plan year or such other consecutive twelve month period over which salary is otherwise determined under the plan (hereinafter referred to as the "Determination Period"). In determining benefit accruals in plan years beginning after December 31, 2001, the annual compensation limit for the determination period beginning before January 1, 2002 shall be two hundred thousand dollars. The two hundred thousand dollar limit on annual compensation in this paragraph shall be adjusted for cost-of-living increases in accordance with section 401(a)(17)(B) of Internal Revenue Code of 1986, 26 U.S.C.A. 401(a)(17)(B). The cost-of-living adjustment in effect for a calendar year applies to annual "salary" for the determination period that begins with or within such calendar year.

(H) For purposes of the limit established by section 415 of the Internal Revenue Code of 1986, 26 U.S.C.A. 415 (as used in section 5505.17, 5505.174, 5505.175, 5505.176, 5505.177, or 5505.18 of the Revised Code), effective January 1, 1998, compensation shall include amounts excludable from the employee's gross income under sections 125, 132(f), 402(e)(3), 402(h), 403(b), or 457 of the Internal Revenue Code of 1986, 26 U.S.C.A 125, 132(f), 402(e)(3), 402(h), 403(b), or 457. Effective January 1, 2009, compensation shall include differential wage payments as defined in section 3401(h)(2) of the Internal Revenue Code of 1986, 26 U.S.C.A. 3401(h)(2).

(I) The plan does not permit involuntary cashout distributions and therefore complies with the provisions of section 401(a)(31)(B) of the Internal Revenue Code of 1986, 26 U.S.C.A 401(a)(31)(B).

(J)

(1) Effective for the limitation year beginning on January 1, 2012, the final regulations promulgated April 5, 2007 with respect to section 415 of the Internal Revenue Code of 1986, 26 U.S.C.A. 415 are incorporated herein by reference, including any provisions of the pension funding equity act of 2004 that apply to governmental plans.

(2) "Limitation year" is the year used in determining whether the limits set forth in section 415 of the Internal Revenue Code of 1986, 26 U.S.C.A. 415 (as used in section 5505.17, 5505.174, 5505.175, 5505.176, 5505.177, or 5505.18 of the Revised Code) have been exceeded with respect to a member or retirant in the plan described in Chapter 5505. of the Revised Code. The limitation year for the plan is the calendar year.

(K) Effective January 1, 2007, notwithstanding any provision in Chapter 5505. of the Revised Code to the contrary, the survivor of a member on a leave of absence to perform military service with reemployment rights described in section 414(u) of the Internal Revenue Code of 1986, 26 U.S.C.A. 414(u), where the member cannot return to employment on account of his or her death, shall be entitled to any additional benefits (other than benefit accrual relating to the period of qualified military service) that would be provided under Chapter 5505. of the Revised Code had the member resumed employment and then terminated employment on account of death.

Last updated April 6, 2023 at 4:28 PM

History

Effective: April 6, 2023
Promulgated Under: 111.15

Chapter 5505-5 Service Credit

Ohio Adm.Code 5505-5-01 Credit for service in any calendar year.

(A) A member shall be credited with one year's retirement credit for each three hundred sixty-five days as an employee of the state highway patrol as defined in division (A) of section 5505.01 of the Revised Code except as provided in section 5505.16 and division (C) of section 5505.17 of the Revised Code.

(B) Days during which no contributions were withheld by the employer shall not be included in determining retirement credit under paragraph (A) of this rule, except as provided in division (C)(6) of section 5505.01 and division (F)(1) of section 5505.18 of the Revised Code.

Last updated November 1, 2023 at 10:23 AM

History

Effective: January 18, 2018
Promulgated Under: 111.15

Ohio Adm.Code 5505-5-02 Prior service credit.

(A) A member of the highway patrol retirement system may purchase retirement credit for full-time service as a member of a state or municipal retirement system as defined in sections 5505.20, 5505.201, and 5505.40 of the Revised Code.

(B) "Full-time service" is defined as a period of employment during which the employee regularly worked substantially the same number of hours as would a member of the highway patrol retirement system.

(C) Credit may not be purchased for periods of employment during which the employee was not considered to be full-time, nor can these periods be combined for full-time credit.

(1) The member shall provide documented proof of full-time employment as required by HPRS.

(2) In the absence of clear documentation to the contrary, if the record of contributions indicates that the member was not receiving pay equivalent to or greater than the minimum wage in effect at the time on a forty-hour per week basis, it shall be presumed that the employment was not full-time.

(D) Credit may not be purchased for periods of employment during which credit was purchased from any other state or municipal retirement system.

(E) Upon application to purchase prior service credit, the appropriate retirement system shall certify, to the satisfaction of HPRS, the service dates and refunded contributions of the member on the application.

(F) ) When prior service credit purchased under sections 5505.20, 5505.201, 5505.40, and division (C) of section 5505.17 of the Revised Code is purchased in increments, the cost for purchasing a portion of this service credit shall be calculated as a proportionate part of the total cost.

(G) Nothing in this rule shall be construed to permit a member's purchase of credit for purposes of meeting the minimum number of years of service necessary to receive a pension.

Last updated November 1, 2023 at 10:23 AM

History

Effective: May 18, 2017
Promulgated Under: 111.15

Ohio Adm.Code 5505-5-03 Purchase of military service credit.

(A) If a member elects not to purchase interrupted military service in accordance with division (D) of section 5505.16 of the Revised Code, the member may purchase military service credit in accordance with section 5505.25 of the Revised Code.

(B) The member may only purchase up to the period of time from the entry date to the date of discharge as designated by the member's DD 214 or comparable document, or the period beginning with the date the member's leave of absence began and ending with the date the member returned to active service with the state highway patrol, whichever is less.

(C) A member may purchase military service credit under section 5505.25 and division (D) of section 5505.16 of the Revised Code in increments. The cost for purchasing a portion of military service credit shall be calculated as a proportionate part of the total cost.

(D) In no case shall a member receive more than three hundred sixty-five days of service credit for any one year.

Last updated August 8, 2022 at 8:00 AM

History

Effective: August 8, 2022
Promulgated Under: 111.15

Ohio Adm.Code 5505-5-04 Interest rate.

The annual compound interest rate to be used in computing service credit as defined in sections 5505.16, 5505.20, 5505.201, 5505.40, and 5505.25 of the Revised Code shall be the actuarial interest assumption rate adopted by the board.

Last updated November 1, 2023 at 10:23 AM

History

Effective: February 1, 2013
Promulgated Under: 111.15

Ohio Adm.Code 5505-5-05 Bureau of worker's compensation retirement credit.

(A) Members are eligible for additional retirement credit pursuant to division (C)(6) of section 5505.01 of the Revised Code upon submission of a completed and certified application as prescribed by the board.

(1) The application shall be certified by an authorized employee of the state highway patrol.

(2) The application shall be submitted within one year after returning to contributing service, or upon retirement, whichever occurs first.

(B) The board will reconcile the time to be credited to a member's retirement account, and send notice to the member. Reconciliation by the board shall be final.

(D) No retirement credit shall be granted for periods that were used in the calculation of benefits under any other state retirement plan.

(E) In no event shall a member receive more than three hundred sixty-five days of service credit for any one calendar year.

Last updated November 1, 2023 at 10:24 AM

History

Effective: January 18, 2018
Promulgated Under: 111.15

Ohio Adm.Code 5505-5-06 Service credit purchases by payroll deduction.

(A) A member of the state highway patrol retirement system (HPRS) may purchase service credit pursuant to this rule, rule 5505-5-02 of the Administrative Code, rule 5505-5-03 of the Administrative Code, and sections 5505.16, 5505.17, 5505.20, 5505.201, 5505.25, and 5505.40 of the Revised Code through:

(1) Post-tax payroll deduction, lump sum payment, partial payment, or any combination thereof.

(2) Pre-tax payroll deductions designated by the state highway patrol as picked-up contributions in compliance with Internal Revenue Code section 414(h)(2). HPRS will accept new elections to purchase service credit through pre-tax payroll deduction only if the election is received by December 31, 2014.

(B) Upon a member's request to HPRS to purchase service credit by payroll deduction for service credit, HPRS will prepare an application form which states the following:

(1) The service to be purchased, including the total years of service and the type of service;

(2) The total cost of the service credit to be purchased through payroll deduction;

(3) The total number of payroll deductions in the stated amount, starting with the proposed start date and ending on the proposed completion date; provided, however, that the payroll deduction cannot exceed the member's net compensation after all deductions and withholdings required by law.

(D) Upon receipt of a signed payroll deduction application, HPRS shall report to the state highway patrol the amount of the payroll deduction and when the deductions shall begin.

(E) HPRS will grant the service credit to the member only upon receipt of the applicable payroll deduction or lump sum payment.

(F) All payroll deduction plans may last no longer than five years for each year of service that is to be purchased.

(G) No member may participate in more than one payroll deduction plan to purchase service credit provided for in section 5505.203 of the Revised Code and this rule.

(H) Pre-tax payroll deduction plans (i.e. pick-up plans) shall be irrevocable and may only be terminated upon the member's termination of employment with the employer who is implementing the member's payroll deduction plan.

(I) Except for pre-tax payroll deduction plans (i.e. pick-up plans), a member can increase or decrease the member's payroll deduction by written notice to the state highway patrol and HPRS, except that in no event shall a deduction be decreased to less than fifty dollars per pay period.

(J) Except for pre-tax payroll deduction plans (i.e. a pick-up plan), a payroll deduction plan may be terminated or suspended upon any of the following events:

(1) The failure of the state highway patrol to forward to HPRS the payroll deduction for four consecutive pay periods;

(2) Upon the member's termination of employment with the state highway patrol;

(3) In cases where a payroll deduction exceed the member's net pay after all deductions and withholdings required by law; or

(4) When the payroll deductions received by HPRS equal the total cost of the eligible service credit, as originally outlined in HPRS' application form duly signed by the member.

Last updated May 2, 2025 at 8:10 AM

History

Effective: March 23, 2015
Promulgated Under: 111.15

Chapter 5505-7 Benefits

Ohio Adm.Code 5505-7-01 Calculation of retirement benefits.

(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 July 16, 2026 at 8:03 AM

History

Effective: May 18, 2017
Promulgated Under: 111.15

Ohio Adm.Code 5505-7-02 Survivor benefits.

(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 October 22, 2025 at 11:52 AM

History

Effective: September 8, 2015
Promulgated Under: 111.15

Ohio Adm.Code 5505-7-03

(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,

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

Last updated July 10, 2025 at 12:15 PM

History

Effective: November 17, 2016
Promulgated Under: 111.15

Ohio Adm.Code 5505-7-04 Health care.

(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;

(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

History

Effective: February 19, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5505-7-05 Cost of living benefit.

(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.

(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

History

Effective: December 6, 2023
Promulgated Under: 111.15

Ohio Adm.Code 5505-7-06 Monthly benefit payments.

(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 October 22, 2025 at 11:52 AM

History

Effective: September 8, 2015
Promulgated Under: 111.15

Ohio Adm.Code 5505-3-03

(A) For the purpose of this rule:

(1) "Medical advisor" and "examining physician" have the same meaning as rule 5505-3-02 of the Administrative Code.

(2) "Benefit recipient" means any person who is receiving disability retirement benefits pursuant to section 5505.18 of the Revised Code.

(1) The information required pursuant to paragraph (C) of this rule shall be submitted at a time designated by the executive director, and shall be reported on forms provided by HPRS.

(a) Schedule a medical examination with an examining physician recommended by the medical advisor.

(a) Thirty days after the board concurs with the examining physician's certification,

(b) Upon employment with the state highway patrol, or

(1) The notice of appeal will be considered at the next regularly scheduled meeting of the board. Except as provided in this rule, benefits shall not be terminated while an appeal is pending.

(4) The applicant has the right to appear at the hearing, with or without counsel, to present new testimony.

(5) Evidence, information, or other documentation not already submitted in accordance with this rule will not be permitted.

(6) The board's decision is final.

(H) Failure to comply with the provisions identified in this rule may result in the suspension of disability and healthcare benefits.

Last updated November 1, 2023 at 10:22 AM

History

Effective: May 18, 2017
Promulgated Under: 111.15

Ohio Adm.Code 5505-7-08 Division of property orders.

(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

History

Effective: January 16, 2014
Promulgated Under: 111.15

Ohio Adm.Code 5505-7-09 Interim benefit payments.

(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

History

Effective: September 12, 2016
Promulgated Under: 111.15

Ohio Adm.Code 5505-7-10 Employee contributions.

(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

History

Effective: September 25, 2023
Promulgated Under: 111.15

Ohio Adm.Code 5505-7-11 Dental and vision coverage.

(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.

(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

History

Effective: August 5, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5505-3-01

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

(D) A member shall apply for benefits on a form prescribed by the board.

(2) Member communications with retirement system staff about the potential filing of a retirement application shall be considered confidential.

(3) The retirement system shall notify the superintendent of the state highway patrol upon the filing of a retirement application.

(4) A member may withdraw a retirement application in writing at any time prior to the retirement board's approval of the application.

Last updated July 16, 2026 at 8:03 AM

History

Effective: April 26, 2011
Promulgated Under: 111.15

Chapter 5505-9 Retirement Board

Ohio Adm.Code 5505-9-01 Election of board members.

(A) The state highway patrol retirement system (HPRS) board shall conduct elections in accordance with Chapter 5505. of the Revised Code and this rule.

(B) For the purpose of this rule:

(1) "Contributing member" shall be a member described in division (I) of section 5505.01 and section 5505.51 of the Revised Code that is making contributions pursuant to section 5505.15 or 5505.52 of the Revised Code. Eligibility of a "contributing member" shall be determined on the first Monday in April of the year of the election.

(2) "Retirant member" shall have the meaning described in division (J) of section 5505.01 of the Revised Code. Eligibility of a "retirant member" shall be determined on the first Monday in April of the year of the election.

(1) For any election of an employee member, a notice of election shall be distributed by appropriate means to each facility where a contributing member is assigned not later than May first of the election year. For any election of a retiree member, a notice of election shall be sent to each eligible retirant member through appropriate means not later than May first of the election year.

(2) The notice of election shall include a statement of the requirements for candidacy forms, the date after which candidacy forms shall be available, the final date for receipt of completed candidacy forms, the final date for receipt of completed election ballots, and the date and place for the election count to be conducted under the supervision of judges as designated in paragraph (E) of this rule. The notice of election, candidacy form, and voting instructions shall be approved by the board at its regular February meeting.

(D) Candidacy forms

(1) Candidacy forms may be obtained at the HPRS offices during normal business hours after May first of the election year. Candidacy forms will also be available at www.ohprs.org. Candidacy forms will be mailed by HPRS only upon request.

(2) Candidacy forms must be filed with the HPRS office not later than four thirty p.m. on the date set by the board pursuant to paragraph (C) of this Rule. Persons filing a candidacy form may also submit either a resume or a candidacy statement. A resume or candidacy statement may not exceed one single-sided page and must be submitted with the candidacy form.

(E) Ballots and voting

(1) HPRS may conduct an election by paper ballots or through electronic methods.

(2) The ballot position of each candidate's name shall be rotated.

(3)

(a) Voting materials for each retirant member of the retirement system shall include a ballot, copies of the applicable candidacy form, the resume or candidacy statement, voting instructions, and any other materials the retirement board deems necessary. Voting material shall be distributed to each retirant member by June twentieth of the election year. If the voting instructions are not explicitly followed, the ballot will be voided.

(b) HPRS shall send each contributing member a ballot, voting instructions, and any other material the retirement board deems necessary by June twentieth of the election year. Candidacy forms, resumes, and candidacy statements shall be distributed by appropriate means to each facility where a contributing member is assigned not later than June twentieth of the election year. If the voting instructions are not explicitly followed, the ballot will be voided.

(4)

(a) Completed ballots must be received at the HPRS office, in a manner described in the voting instructions, not later than four-thirty p.m. on the date set by the board pursuant to paragraph (C) of this rule.

(b) As ballot return envelopes are received at HPRS, each shall be date and time-stamped and recorded on the master list of contributing member and retirant member account numbers.

(5)

(a) No sooner than the fourth business day following July twentieth, ballots shall be counted by a committee that includes at least one trustee appointed by the chair. The counting shall be monitored by a representative of the secretary of state.

(b) The candidate may attend the counting of ballots. If the candidate is unable to attend, the candidate may designate, in writing, a member to be present during the counting of ballots. Designations must be made by July twentieth of the election year. No other person, except HPRS employees and individuals described in this rule, may attend the counting of ballots.

(c) Within twenty-four hours of the completion of the count, the elections results shall be forwarded to each facility to which a contributing member is assigned. The election results shall be published on the retirement board's website within thirty days.

(6) There shall be no provision for a recount; however, ballots shall be held for public inspection for thirty days. Ballots may be destroyed by the executive director after the public inspection period.

(7) The official certification of the ballot totals may be destroyed after four years.

(8) In the event of a tie, the winner shall be determined by a coin toss conducted by the representative of the secretary of state with "heads" being assigned to the candidate whose last name is first alphabetically and "tails" assigned to the other candidate. If three or more candidates are tied, the representative of the secretary of state shall draw names to select the winner amongst the tied candidates. A name shall be drawn for each vacancy. The manner in which the names are drawn shall be determined by the representative of the secretary of state with the concurrence of the trustee member of the committee selected in accordance with paragraph (E)(5)(a) of this rule.

(9) In the event of more than one vacancy for the same term, a single election shall be held and the candidates with the most votes shall be elected.

(F) If the number of candidates is less than or equal to the number of available board seats, each candidate shall be certified as a trustee without the need for an election.

(G) The board may invalidate an election if, in its discretion, improprieties have had a substantial impact on the fairness of the election.

(H) Pursuant to section 5505.042 of the Revised Code, a special election shall be held in the event of a vacancy or if the board invalidates an election pursuant to paragraph (G) of this rule. The process for a special election shall be the same as for a regular election except all the dates outlined in this rule shall be set as appropriate. No election shall occur if the remainder of the unexpired term is less than ninety days.

(I) All information, ballots, instructions, correspondence or other material described in this rule shall be sent to the address on file with HPRS. It is the sole responsibility of the contributing member or retirant member to ensure HPRS has his or her most current address.

Last updated July 10, 2025 at 12:15 PM

History

Effective: March 27, 2017
Promulgated Under: 119.03

Ohio Adm.Code 5505-9-02 Travel expense and reimbursement.

(A) Retirement trustees who incur expenses as the result of any necessary travel and attendance for any approved training or meeting shall be reimbursed for any actual and necessary expenses.

(1) Expenses as a result of out of state travel are not eligible for reimbursement unless the travel received prior approval by a majority of trustees at a board meeting.

(2) If attendance for any out of state training or meeting is deemed to be an emergency, the chair of the board may authorize reimbursement of any expenses incurred. Emergency attendance is considered to be any necessary out of state travel which was not known or identified prior to the most recent board meeting.

(3) The chair of the board of trustees shall approve travel expenses incurred as the result of attendance at any approved training or meeting within the state of Ohio.

(4) Reimbursement of expenses incurred attending scheduled meetings within the state of Ohio are authorized following review by the executive director, provided the meeting(s) were scheduled and received prior approval by the chair.

(B) Administrative staff personnel who incur expenses as the result of any necessary travel and attendance for any approved training or meeting shall be reimbursed for any actual and necessary expenses.

(1) Expenses as a result of out of state travel are not eligible for reimbursement unless the travel received prior approval by the executive director.

(2) The executive director shall approve travel expenses incurred as the result of attendance at any approved training or meeting within the state of Ohio.

(C) Trustees and administrative staff personnel shall not accept payment or reimbursement of travel expenses, including lodging, food and beverages, from any source other than the system's expense fund.

(D) All claims for reimbursement of expenses shall be submitted in a timely manner and on a prescribed form, and shall be actual, necessary and within the bounds of prudent judgment.

(E) Reimbursable expenses include the following:

(1) Lodging at the single occupancy rate.

(2) Meals within the bounds of prudent judgment.

(3) Tips as customary and reasonable.

(4) Telephone calls as necessary for regular employment and necessary calls to family when attendance requires an overnight stay.

(5) Transportation within the following parameters;

(a) Air fare at the lowest rate with regard to attendee schedule and employment responsibilities.

(b) Personal vehicle mileage at the established rate, provided the total reimbursement does not exceed the allowable air fare when air transportation is applicable.

(c) Car rental is considered to be a reimbursable expense when necessary and reasonable for business use. Any personal use shall be pro-rated accordingly.

(d) Parking fees necessary for a rental or personal vehicle.

(e) Necessary public transportation.

(F) Receipts are required for all expenses except tips, parking, and local transportation.

Last updated November 1, 2023 at 10:25 AM

History

Effective: February 1, 2013
Promulgated Under: 111.15

Ohio Adm.Code 5505-9-04 Notice of retirement board meetings.

(A) This rule is adopted in compliance with and under the authority of division (F) of section 121.22 of the Revised Code.

(B) Any person may request the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings for the board of trustees of the state highway patrol retirement system (HPRS) by:

(1) Writing to the following address:

"Highway Patrol Retirement System, Attention: Executive Director, 1900 Polaris Parkway, Suite 201, Columbus, Ohio 43240";

(2) Calling (614) 431-0781 during HPRS' normal business hours.

(C) Any representative of the news media may obtain notice of all special meetings by requesting in writing that such notice be provided. Such notice will only be given, however, to one representative of any particular publication or radio or television station. A request for such notification shall be addressed to HPRS' executive director at the address outlined in paragraph (B) of this rule.

(1) The request shall provide the name of the individual media representative to be contacted, the mailing address and a maximum of two telephone numbers where such representative can be reached. HPRS shall maintain a list of all representatives of the news media who have requested notice of special meetings pursuant to this rule.

(2) In the event of a special meeting not of an emergency nature, HPRS shall notify all media representatives on the list of such meeting by doing at least one of the following:

(a) Sending written notice, which must be mailed not later than four calendar days prior to the day of the special meeting;

(b) Sending notice by e-mail which must be sent no later than twenty-four hours prior to the time of the meeting;

(c) Notifying such representatives by telephone no later than twenty-four hours prior to the special meeting, with proper telephone notice if a message has been left for the representatives at the telephone numbers provided to HPRS from such representative or if, after reasonable effort, HPRS has been unable to provide such telephone notice;

(d) Informing such representatives personally no later than twenty-four hours prior to the special meeting.

(3) In the event of a special meeting of an emergency nature, HPRS shall notify all media representatives on the list of such meeting by providing the notice described in paragraph (C)(1)(c) or (C)(1)(d) of this rule, or notifying the clerk of the state house press room. In such event, however, the notice need not be given twenty-four hours prior to the meeting, but shall be given as soon as possible.

(4) In giving the notices required by this rule, HPRS may rely on assistance provided by any member of HPRS and any such notice is given if such notice is given by a member in the manner provided in this rule.

(D) HPRS shall maintain a list of all persons, other than media representatives, who have requested, in writing, notice of all meetings of HPRS.

Last updated December 4, 2025 at 8:23 AM

History

Effective: December 4, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5505-9-05 Release of records.

(A) All information contained in the records of the retirement system shall be open to public inspection except the following:

(1) The personal history record as defined in division (C) of section 5505.04 of the Revised Code.

(2) The amount of any pension, benefit, or allowance paid to any benefit recipient.

(3) Medical reports or recommendations, except that this information shall be made available to the member or the member's designee, and to any other persons as necessary for the proper administration of the retirement system.

(4) Information of which the release is prohibited by the Ohio Revised Code, or if the board determines the information is confidential.

(B) Any member, former member, or benefit recipient may authorize, in writing, the release of personal history records or medical reports or recommendations.

(D) There shall be no charge to a member or benefit recipient for a copy of specific data produced by HPRS that is a part of the individual's personal history record.

(E) Nothing in paragraph (A) or (B) of this rule is intended to prohibit the release of personal history records as provided in divisions (C), (D) and (E) of section 5505.04 of the Revised Code.

(F) As used in division (F) of section 5505.04 of the Revised Code, the retirement system logo on official letterhead will function as the system's official seal.

(G) Records of the retirement system may be maintained in digital form. Physical records are subject to immediate destruction; however, records that are deemed to be critical by the retirement board, including member and retirant files, will be retained in printed form for a minimum of six months after imaging.

Last updated November 1, 2023 at 10:26 AM

History

Effective: January 21, 2021
Promulgated Under: 111.15

Ohio Adm.Code 5505-9-06 Ohio-qualified agents and investment managers.

(A) For purposes of section 5505.0610 and division (A)(4) of section 5505.068 of the Revised Code, an investment manager may be designated as an "Ohio-qualified investment manager" if the investment manager and/or any parents, affiliates, or subsidiaries of the investment manager meets the requirements of divisions (A)(1) and (A)(2) of section 5505.0610 of the Revised Code.

(B) For purposes of sections 5505.068 and 5505.0610 of the Revised Code, "principal place of business" includes an office in which the agent or investment manager regularly provides securities or investment advisory services and solicits, meets with, or otherwise communicates with clients.

Last updated November 1, 2023 at 10:26 AM

History

Effective: January 18, 2018
Promulgated Under: 111.15

Ohio Adm.Code 5505-9-07 Audio visual recordings of meetings and hearings.

(A) No person shall broadcast, televise, record, or photograph any meeting of the board or a committee of the board, unless the person first receives written permission from the board's chair.

(2) The chair of the board or committee grants written permission prior to commencement of the meeting. The written permission shall be made part of the record of the meeting.

(a) If permission is granted, the place or places in the meeting room where operators and equipment are to be positioned shall be specified by the chair of the board or committee.

(b) The filming, videotaping, recording, or photographing of any person who objects, shall not be permitted.

Last updated November 1, 2023 at 10:26 AM

History

Effective: February 1, 2013
Promulgated Under: 111.15

Ohio Adm.Code 5505-9-08 Committees of the retirement board.

(A) The following are standing committees of the retirement board:

(1) Health, wellness, and disability;

(2) Administration;

(3) Investment;

(4) Audit;

(5) Health care funding.

(B) At the discretion of the chair:

(1) Work may be assigned to a committee;

(2) Special committees may be formed.

(D) The annual election of each committee chair and vice-chair shall occur at the first regular committee meeting following the first regular board meeting after July thirty-first. In the event that a committee officer does not serve the entire term, the board chair will select a replacement.

(E) The minutes shall be the record of the proceedings of a committee. Draft copies of the written minutes shall be circulated to the committee for approval. After approval, the minutes shall be retained as a permanent record.

Last updated September 22, 2025 at 7:46 AM

History

Effective: September 22, 2025
Promulgated Under: 111.15

Ohio Administrative Code 5505 — State Highway Patrol Retirement System

Chapter 5505-1 Public Notice

Ohio Adm.Code 5505-1-01 Rule adoption - method of public notice.

Chapter 5505-3 Retirement

Ohio Adm.Code 5505-3-01 Eligibility date of retirement benefits.

Ohio Adm.Code 5505-3-02 Disability retirement application and hearing process.

Ohio Adm.Code 5505-3-07

Ohio Adm.Code 5505-9-07

Ohio Adm.Code 5505-3-03 Review of eligibility to continue disability retirement benefits.

Ohio Adm.Code 5505-3-03.1

Ohio Adm.Code 5505-3-04 Reemployed retirants.

Ohio Adm.Code 5505-3-05 Selection of payment plan.

Ohio Adm.Code 5505-3-06 Board review of employment termination.

Ohio Adm.Code 5505-3-08 Federal tax compliance provisions.

Chapter 5505-5 Service Credit

Ohio Adm.Code 5505-5-01 Credit for service in any calendar year.

Ohio Adm.Code 5505-5-02 Prior service credit.

Ohio Adm.Code 5505-5-03 Purchase of military service credit.

Ohio Adm.Code 5505-5-04 Interest rate.

Ohio Adm.Code 5505-5-05 Bureau of worker's compensation retirement credit.

Ohio Adm.Code 5505-5-06 Service credit purchases by payroll deduction.

Chapter 5505-7 Benefits

Ohio Adm.Code 5505-7-01 Calculation of retirement benefits.

Ohio Adm.Code 5505-7-02 Survivor benefits.

Ohio Adm.Code 5505-7-03

Ohio Adm.Code 5505-7-04 Health care.

Ohio Adm.Code 5505-7-05 Cost of living benefit.

Ohio Adm.Code 5505-7-06 Monthly benefit payments.

Ohio Adm.Code 5505-3-03

Ohio Adm.Code 5505-7-08 Division of property orders.

Ohio Adm.Code 5505-7-09 Interim benefit payments.

Ohio Adm.Code 5505-7-10 Employee contributions.

Ohio Adm.Code 5505-7-11 Dental and vision coverage.

Ohio Adm.Code 5505-3-01

Chapter 5505-9 Retirement Board

Ohio Adm.Code 5505-9-01 Election of board members.

Ohio Adm.Code 5505-9-02 Travel expense and reimbursement.

Ohio Adm.Code 5505-9-04 Notice of retirement board meetings.

Ohio Adm.Code 5505-9-05 Release of records.

Ohio Adm.Code 5505-9-06 Ohio-qualified agents and investment managers.

Ohio Adm.Code 5505-9-07 Audio visual recordings of meetings and hearings.

Ohio Adm.Code 5505-9-08 Committees of the retirement board.

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