Ohio Adm.Code 742 | Ohio Administrative Code 742 — Ohio Police and Fire Pension Fund

Chapter 742-1 Membership

Ohio Adm.Code 742-1-02 Member minimum medical testing and diagnostic procedures.

(A) Requirements.

Pursuant to section 742.38 of the Revised Code, all employers of prospective members of the Ohio police and fire pension fund (OP&F) are required to do the following:

(1) Physical examination for prospective OP&F members.

The employer shall cause the prospective members of OP&F to submit to a physical examination which includes the minimum medical testing and diagnostic procedures set forth in paragraph (B) of this rule.

(2) Tests done before employee's membership in OP&F.

The physical examination which includes the minimum medical testing and diagnostic procedures prescribed by this rule must be done no later than eleven fifty-nine p.m. on the date the employee becomes an OP&F member, but in no event can the tests and procedures be done earlier than nine months before that membership date.

(3) Physician's report filed with OP&F.

The employer must file a physician's report with OP&F that meets the following criteria:

(a) The physician certification must be in the form prescribed by OP&F or a form substantially similar, as determined by OP&F in its sole and absolute discretion, which must include the physician's diagnosis and evaluation of the existence of any cancer, heart disease, cardiovascular disease, or respiratory disease identified in the medical testing and diagnostic procedures established under this rule. The physician certification must be fully completed and signed by a licensed physician who is licensed to practice medicine in the state in which the examination was conducted, and the physician certification must state the date of the examination and the report cannot be signed more than nine months before the potential employee's membership with OP&F;

(b) The member's medical questionnaire completed by the member must be in the form prescribed by OP&F and cannot be signed more than nine months before the potential employee's membership with OP&F; and

(c) From and after the effective date of this rule, copies of the medical tests and procedures and medical questionnaire outlined in this rule must be included as part of the physician's report.

(4) The physician's report must be timely filed with OP&F.

In order to be timely filed, a properly completed physician certification, medical questionnaire meeting the criteria of this rule, and copies of the required medical testing and diagnostic procedures outlined by this rule, must be received by OP&F no later than sixty days after the employee becomes an OP&F member, as required by division (A)(2) of section 742.38 of the Revised Code.

(B) Minimum medical testing/diagnostic procedures.

The minimum medical testing and diagnostic procedures to be incorporated into a member's physical examination administered by physicians to prospective members of the fund shall include the following:

(1) Spirometry that represents at least a valid and reproducible forced expiratory volume at one second (FEV1), forced vital capacity (FVC), and forced expiratory volume at one second/forced vital capacity (FEV1/FVC) that meets the criteria of the American thoracic society;

(2) A chest x-ray that is at least a P.A. 72" (i.e. front to back);

(3) Lipid profile that includes total cholesterol, triglycerides, LDL cholesterol, and HDL cholesterol; and

(4) A cardiac stress test performed consistent with standard Bruce protocol that includes an electrocardiogram (EKG).

For purposes of administering section 742.38 of the Revised Code and this rule, OP&F will use the occurrence of the following events for purposes of determining when a prospective employee becomes an OP&F member:

(1) The member's appointment as a "member of the police department" or "member of the fire department," as such terms are defined in divisions (A)(2) and (B)(2) of section 742.01 of the Revised Code respectively; and

(2) The date on which the prospective member became a "member of the fund," as defined in division (E) of section 742.01 of the Revised Code; and

(3) The first date on which the employee is contributing or should have been contributing a percentage of his/her salary to OP&F.

For purposes of this paragraph, OP&F shall consider the first date the employee is contributing a percentage of his/her salary to OP&F to be based on payroll submitted for a pay period six weeks prior to the filing of such payroll, until the actual date is determined by OP&F and at that time, an adjustment of the penalties shall thereafter be made based on the actual dates submitted to OP&F by the employer on a form provided by OP&F.

(D) For members who are reinstated to OP&F membership by agreement or by order of a court or arbitrator, no new pre-employment physical will be required. In order to make this determination, the employer shall provide OP&F with a copy of the agreement or court order.

(E) In cases where the person was laid off from an OP&F covered employer and the person already has a proper pre-employment physical on file with OP&F and returns to an OP&F covered position within two years of the effective date of his/her lay-off and accumulated member contributions remain on deposit with OP&F, no additional pre-employment physical will be required.

(F) For members who transfer from one employer to another without a loss in membership with OP&F, as outlined above, the new employer will not be required to cause such person to undergo the medical testing and diagnostic procedures referenced in this rule, unless the person became an OP&F member on or after September 16, 1998 and OP&F does not have a pre-employment physical on file that meets the definition set forth in section 742.38 of the Revised Code. In order to reach this determination, however, the new employer will need to obtain this information from OP&F. In the event the original employer did not cause an employee who became an OP&F member on or after September 16, 1998 to undergo all of the tests and procedures outlined in this rule, then OP&F will give notice to the new employer of any tests and procedures that need to be completed and this documentation must be received by OP&F no later than sixty days after the new hire date.

(G) In no event shall the provisions of this rule be intended to supercede or eliminate any other legal requirement imposed on the employer under Ohio law, including, but not limited to, sections 124.41 and 124.42 of the Revised Code.

(H) If the employer is unable to obtain a test due to the member's medical condition, the member's religious beliefs or the member's refusal to undergo a specific test, the employer shall provide supporting documentation to OP&F in support of such fact and may request a waiver of such test or report for such reason. If the waiver request is for medical reasons, the supporting documentation shall be in the form of a medical report signed by a licensed physician in the state in which the medical examination was conducted, if the waiver request is for religious reasons, the supporting documentation shall be in the form of an affidavit signed by the member before a notary public that certifies such fact, and if the waiver request is the result of the member's refusal, the supporting documentation shall be in the form of a written document signed by the member before a notary public that certifies that fact and acknowledges that the member understands that his/her refusal shall result in his/her inability to use the presumptive disability provision outlined in section 742.38 of the Revised Code.

Within thirty days after OP&F's receipt of such request, OP&F shall notify the employer if such waiver is granted. If OP&F grants a waiver, the employer shall not be obligated to cause such person to undergo the specific tests specified in such waiver.

Any waiver granted under the terms of this section shall result in the member's inability to use the presumptive disability provisions outlined in section 742.38 of the Revised Code.

Last updated October 16, 2023 at 11:54 AM

History

Effective: July 4, 2021
Promulgated Under: 111.15

Chapter 742-2 Board of Trustees

Ohio Adm.Code 742-2-01 Board of trustee election rules.

(A) Conduct of trustee elections. Ohio police and fire pension fund ("OP&F") shall conduct elections in accordance with Chapter 742. of the Revised Code and this rule.

(B) Notice of election.

(1) For an election of the OP&F firefighter or police officer member of the board of trustees, a "notice of election" will be sent to each police or fire department in the state of Ohio having members in OP&F, as the case may be, not later than the first Monday in February of the year of the election.

(2) For any election of the OP&F retirant member of the board of trustees, a "notice of election" will be sent to each eligible retirant member through appropriate means not later than the first Monday in February of the year of the election.

(1) Nominating petitions must be in a form approved by the board of trustees.

(2) Nominating petitions may be obtained at the offices of OP&F during normal business hours beginning on the first Monday in February of the year of the election. The nominating petitions will also be available on www.op-f.org.

(3) Nominating petitions must be signed on or after the first Monday in February of the year of the election.

(a) For an "employee member," the petition must be signed by at least one hundred active members of the class that is the subject of the election, with at least twenty signers from each of at least five counties of the state (i.e., county of residence).

(b) For a "retirant member," the petition must be signed by at least fifty retired members of the class that is the subject of the election, with at least ten signers from each of at least five counties of the state (i.e., county of residence).

(4) Nominating petitions must be filed in the office of OP&F not later than four p.m. on the first Monday in April of the year of the election.

(5) Persons filing nominating petitions who wish to submit a black and white photograph of himself or herself for reproduction in the ballot must deliver such photograph to the offices of OP&F not later than the deadline referenced in paragraph (C)(4) of this rule. OP&F and the independent elections administrator chosen by OP&F reserve the right to crop the photograph in their sole and absolute discretion.

(6) Petition signatures and candidate eligibility shall be verified based on OP&F's records. Signatures that cannot be conclusively verified shall not be counted.

(7) All petitions shall be certified by the independent elections administrator under contract with OP&F or by the office of the Ohio secretary of state and shall be subject to an audit by the secretary of state. In the event that there is a discrepancy between the certification by the independent elections administrator and the results of the review and audit by the secretary of state, the determination of the secretary of state shall control and final.

(8) In case of a contested election, the names of the qualified candidates shall be placed on the ballot for election.

(D) Certification on eligibility. In addition to filing the required nominating petitions, all candidates must file a certification of eligibility in the form approved by the board of trustees that confirms that the person is not ineligible to run for election to the board of trustees for any of the reasons outlined in section 742.046 of the Revised Code. This certificate of eligibility must be filed in the office of OP&F not later than four p.m. on the first Monday of April of the year of the election.

(E) Ballots.

(1) The independent elections administrator will prepare and mail out the ballots containing the names and photographs of candidates who filed the required nominating petitions and certificate of eligibility, as certified by the independent elections administrator or the officer of the secretary of state, as the case may be.

(2) Ballots will contain the names of the candidates and the position of the names on such ballots will be rotated so that each candidate's name appears in the first position an equal number of times to the extent possible. The ballot will contain specific instructions on how a vote should be cast. If the instructions are not explicitly followed, the ballot will be void.

(3) Ballots for the election shall be sent to each member of OP&F who is eligible to vote in the election, as provided in section 742.04 of the Revised Code, to the address of such eligible member. In furtherance thereof, OP&F will determine the person's eligibility status based upon OP&F's books and records. The elections administrator will not forward any undeliverable ballot to a new address.

(4) Ballots are to be returned directly to the independent elections administrator and must be received not later than the close of business. on the third Tuesday in May of the year of the election. Ballots received later than that date will not be counted, but if OP&F receives a ballot prior to this deadline, the ballot will be sent to the elections administrator.

(5) The independent elections administrator will make the final determination of the validity of all ballots, count the ballots and announce and certify the results of the election not later than the last Wednesday in May following the date that the ballots were mailed to eligible members.

(F) Voting.

(1) The election may be conducted by paper ballots, through electronic or other alternate methods, such as telephone voting, or a combination thereof, as determined by the board of trustees from time to time.

(2) The first vote cast will be the controlling vote.

(3) The counting of the ballots shall be conducted by an independent elections administrator or the secretary of state, as the case may be, and may be subject to additional rules that are established by the independent elections administrator.

(G) Uncontested election. As authorized by section 742.041 of the Revised Code, in the event of an uncontested election for a particular position for either the "employee member" or the "retirant member," no ballots will be mailed and the sole candidate of that position will be declared as the winner of the election.

(H) Vacancies.

(1) If a vacancy occurs in the term of an employee member or retirant member of the board, the board of trustees shall declare the seat vacant and establish a schedule to nominate, interview and select a successor.

(2) Candidates shall qualify under the same eligibility requirements as the predecessor in office.

(3) The names of qualified candidates shall be certified by the retirement system and shall be subject to review and audit by the secretary of state.

(4) The independent elections administrator or the secretary of state shall certify the results of any election conducted under the terms of section 742.05 of the Revised Code and this paragraph.

(5) All documents regarding the filling of the vacancy, including the resumes and forms required by the retirement system shall be made available to any person upon request.

(I) Elections in 2020 postponed due to COVID-19/coronavirus pandemic.

(1) As authorized by Amended Substitute House Bill 197 of the 133rd General Assembly, the trustee elections that were to occur in May 2020 were postponed by the board of trustees until December 1, 2020.

(2)

The candidates who were elected as trustees had their terms commence on January 4, 2021. Since Amended Substitute House Bill 197 of the 133rd General Assembly did not extend the four-year terms that were to begin on the first Monday in June of 2020, the new terms commencing on January 4, 2021 shall expire on June 2, 2024.

Last updated September 29, 2023 at 9:26 AM

History

Effective: September 29, 2023
Promulgated Under: 111.15

Chapter 742-3 Retirement

Ohio Adm.Code 742-3-01 Effective date of retirement.

Except as provided in section 742.37 or division (D) of section 742.38 of the Revised Code and rule 742-3-05 of the Administrative Code, the effective date of any monthly pension or benefit payable under division (C) of section 742.37 or division (D) of section 742.38 of the Revised Code shall be the day following the final day for which compensation was last earned by virtue of working or using accrued leave to remain on active payroll status, unless the last day of compensation earned is on the thirtieth, which in that case, the effective date of retirement shall be the first day of the following month.

In no event shall there be overlapping salary and pension.

Last updated August 13, 2025 at 8:44 AM

History

Effective: May 31, 2020
Promulgated Under: 111.15

Ohio Adm.Code 742-3-05

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

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

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

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

(4) "On-duty illness or injury" means an illness or injury that occurred during or resulted from the performance of official duties as a police officer or firefighter.

(5) "Off-duty illness or injury" means an illness or injury that did not occur during or result from the performance of official duties as a police officer or firefighter. Unless the illness or injury meets the presumption criteria outlined in section 742.38 of the Revised Code or competent and credible evidence is submitted to OP&F, a disability condition is presumed to be the result of an off-duty illness or injury.

(6) "Permanent disability" shall have the same meaning set forth in division (D) of section 742.38 of Revised Code.

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

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

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

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

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

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

(13) "Disability evaluation panel (DEP)" shall mean the medical consultants retained by the board to make written recommendations to the board's disability committee on pending disability applications.

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

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

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

(B) Impairment and disability evaluation criteria:

(1) A competent and disinterested physician and vocational evaluator may be assigned to conduct independent medical examinations for purposes of determining a member's disability, as provided by law, medical impairment and eligibility for disability benefits.

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

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

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

(5) The DEP shall submit to the disability committee a written recommendation on each application evaluated followed by a report incorporating a summary of findings, along with their medical opinion as to whether or not the disabling condition results from an on-duty illness or injury and whether or not the condition is eligible for waiver.

(6) In reviewing applications for disability benefits, the disability committee shall rely upon the recommendations of the disability committee medical advisor and the disability committee vocational expert, who have given due consideration of medical and other evidence presented to OP&F.

(1) Applications for disability benefits shall be made on a form approved by OP&F and must be properly completed in order to be processed. The member shall provide necessary substantiating documentation, including, but not limited to, pertinent hospital records, statements from attending physicians, departmental injury reports, the results of any special diagnostic tests, and notice of allowed workers' compensation claims. The documentation submitted by the member shall be objective, relevant, and recent (i.e., dated within two years from the date of application for disability), as determined by OP&F staff in consultation with the disability committee medical advisor. Any documentation to the contrary or that is duplicative may not be considered as part of the member's application. Documentation that is not considered shall be returned to the member with a written notice listing the documentation being returned and the reason for the return.

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

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

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

(5) Once the application is complete, the member covered by the pending disability benefit application may be scheduled for an independent medical examination(s) and vocational evaluation, unless it is medically inadvisable to do so.

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

(b) Payment of any fees connected with the preparation of the report of the independent medical examination(s) and vocational evaluation shall be the responsibility of OP&F.

(6) The DEP shall review the application and all medical reports and records, and then make a written recommendation to the disability committee based upon the criteria set forth in paragraph (B) of this rule. The board, based on the written recommendation of the disability committee, will then consider the application and make an initial determination of disability. The board may:

(a) Grant a disability benefit;

(b) Deny disability benefits; or

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

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

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

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

(a) Accept the benefit grant;

(b) Waive the benefits and continue working; or

(D) Acceptance or waiver of benefits.

Not later than ninety days after receipt of the notice of the board provided for in paragraph (C), (E), or (F) of this rule, the disability benefit recipient shall accept or waive the board's determination of disability on the disability benefit election form provided by OP&F.

For purposes of making the determination whether the disability applicant has accepted or waived the board's determination of disability, OP&F may conclusively rely upon its books and records.

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

(2) Subject to the requirement set forth in paragraph (D) of this rule, if a member accepts the award and then fails to establish an effective date of retirement by terminating police or fire employment within ninety days of receipt of notice of the board's determination of disability, as provided under paragraph (C)(9) or (E)(7) of this rule, the disability benefit shall be rescinded.

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

(E) Appeal of initial determination.

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

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

(3) Within thirty days of filing of the notice of appeal, the member shall file any new evidence not previously considered by the board on the initial disability application. Such evidence shall be objective, relevant, and recent (i.e., dated within two years from the date of application for disability), as determined by OP&F staff in consultation with the disability committee medical advisor. Any documentation to the contrary or that is duplicative may not be considered as part of the member's appeal. Documentation that is not considered shall be returned to the member with a written notice listing the documentation being returned and the reason for the return.

(4) Failure to submit supporting materials or to request an extension of time within which to do so will be sufficient cause for the appeal to be dismissed. Upon application before the expiration of the original thirty day period referred to in this paragraph, the appellant may, for good cause shown, be granted an extension of thirty days within which to file supporting materials. The appellant may be granted an additional extension based on a recommendation from the disability committee medical advisor that there is solid evidence of a medical reason to grant the extension for a period of time recommended by the disability committee medical advisor. In no event shall the hearing be postponed more than three times and in no event shall the extensions, in the aggregate, exceed six months. A request for a postponement received by OP&F within ten days of the date of the hearing will only be granted in exceptional circumstances, as determined by OP&F's executive director in his or her sole discretion.

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

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

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

(a) Affirm the original determination of disability;

(b) Modify the original determination of disability;

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

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

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

(a) Accept the benefit granted;

(b) Waive the benefit and continue working; or

(F) Post-disability grant reconsideration.

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

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

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

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

(a) Deny the application for reconsideration;

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

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

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

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

(H) Additional medical treatment:

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

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

(I) The board may suspend the awarded disability benefits and any health care stipend upon ninety days prior written notice to the member if the member fails to:

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

(2) File the required medical report; or

(3) Comply with the required treatment regimen.

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

In the event the disability benefit recipient complies within the aforementioned ninety day notice period or the board's physician certified that the treatment is no longer helpful or advisable, OP&F will not suspend the disability benefit recipient's disability benefits and any health care stipend.

(J) If, after the aforementioned ninety day notice period, referred to in paragraph (I) of the rule, the disability benefit recipient submits to the requested treatment, submits the required reports, complies with the required treatment regimen, or the board's physician certifies that the treatment is no longer helpful or advisable, OP&F will reinstate the disability benefits and any health care stipend of such disability benefit recipient, effective as of the first day of the month immediately following the month in which the past due statement(s) were received in proper form by OP&F.

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

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

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

(1) The date of actual receipt;

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

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

(N) If an initial application for disability, an appeal, or a reconsideration application has been filed pursuant to paragraph (C), (E), or (F) of this rule and the supporting documentation has not been filed with OP&F or the applicant has not taken any action to prosecute his/her claims within six months of the filing with OP&F, the application, appeal, or application for reconsideration may be dismissed, as the case may be, for failure to prosecute the claim.

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

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

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

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

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

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

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

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

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

(P) Firefighter cancer presumption:

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

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

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

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

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

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

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

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

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

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

Last updated April 22, 2024 at 8:33 AM

History

Effective: April 21, 2024
Promulgated Under: 111.15

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Last updated October 16, 2023 at 11:55 AM

History

Effective: September 11, 2020
Promulgated Under: 111.15

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

(A) A disability benefit recipient shall file an annual statement of earnings by September first of each year with the Ohio police and fire pension fund ("OP&F"), unless the disability committee medical advisor has certified that the disability benefit recipient's disability is ongoing and the board waives the reqirement that a recipient file an annul earnings statement. The statement must be on the form provided by OP&F, and must be notarized. In addition, the disability benefit recipient must also provide any supporting documentation requested by OP&F.

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

(C) Once a disability benefit recipient has been granted a waiver from the requirement to file annual earnings statement by the board, the disability benefit recipient shall thereafter be relieved from filing an annual earnings statement, unless otherwise notified in writing by OP&F.

(D) For those earning statements due on September 1, 1998, and every September first thereafter, the refusal of the benefit recipient to comply with paragraph (A) of this rule shall result in the suspension of disability benefits and any health care stipend upon sixty days prior written notice to the disability benefit recipient.

(1) If the disability benefit recipient fails to file the past due annual earning statement(s) in proper form with OP&F within the aforementioned sixty day notice period, OP&F shall suspend the recipient's health care stipend, if any, effective on the first day of the month immediately following the expiration of such notice period.

(2) In the event the disability benefit recipient files all of the past due earning statement(s) in proper form with OP&F after the aforementioned sixty day notice period, OP&F will reinstate the recipient's disability benefits and health care stipend on the first day of the month immediately following OP&F's receipt of all past due annual earnings statements in proper form.

(E) If the disability benefit recipient files the required annual earnings statement in proper form with OP&F on or before December first of the following year in which it was due (i.e. fifteen months after the original due date), OP&F will reinstate the recipient's disability benefits and the health care stipend, if any.

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

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

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

(I) For purposes of this rule, "Disability Benefit Recipient" shall mean the member of OP&F who is receiving a disability benefit pursuant to division (C)(2), (C)(3), (C)(4), or (C)(5) of former section 742.37 of the Revised Code or section 742.38 of the Revised Code.

Last updated October 16, 2023 at 11:55 AM

History

Effective: September 22, 2022
Promulgated Under: 111.15

Ohio Adm.Code 742-3-12

(A) For purposes of division (B) of section 742.38 of the Revised Code, a member shall be deemed to be incapacitated if Ohio police and fire pension fund ("OP&F") receives an affidavit from the person acting on the member's behalf for purposes of filing a disability benefit application with OP&F and such person affirms, under oath, that the member is mentally or physically impaired as a result of a mental or physical illness or condition of disability with respect to which the attending physician finds that there is no present indication of recovery and such affidavit is properly notarized.

(B) In processing the disability application of a member who is incapacitated, OP&F is authorized to rely on the facts stated in the affidavit filed in accordance with paragraph (A) of this rule. All fraudulent applications will entitle OP&F and the applicable member to any and all remedies provided by law.

Last updated April 22, 2024 at 8:33 AM

History

Effective: April 21, 2024
Promulgated Under: 111.15

Ohio Adm.Code 742-1-02

(A) Requirements.

Pursuant to section 742.38 of the Revised Code, all employers of prospective members of the Ohio police and fire pension fund (OP&F) are required to do the following:

(1) Physical examination for prospective OP&F members.

(2) Tests done before employee's membership in OP&F.

(3) Physician's report filed with OP&F.

The employer must file a physician's report with OP&F that meets the following criteria:

(c) From and after the effective date of this rule, copies of the medical tests and procedures and medical questionnaire outlined in this rule must be included as part of the physician's report.

(4) The physician's report must be timely filed with OP&F.

(B) Minimum medical testing/diagnostic procedures.

(2) A chest x-ray that is at least a P.A. 72" (i.e. front to back);

(3) Lipid profile that includes total cholesterol, triglycerides, LDL cholesterol, and HDL cholesterol; and

(4) A cardiac stress test performed consistent with standard Bruce protocol that includes an electrocardiogram (EKG).

(2) The date on which the prospective member became a "member of the fund," as defined in division (E) of section 742.01 of the Revised Code; and

(3) The first date on which the employee is contributing or should have been contributing a percentage of his/her salary to OP&F.

Any waiver granted under the terms of this section shall result in the member's inability to use the presumptive disability provisions outlined in section 742.38 of the Revised Code.

Last updated October 16, 2023 at 11:54 AM

History

Effective: July 4, 2021
Promulgated Under: 111.15

Ohio Adm.Code 742-8-08

(A) Pursuant to division (C) of section 742.353 of the Revised Code, the penalties assessed under sections 742.351 and 742.38 of the Revised Code shall be as follows:

(1) If a form, report, or statement is at least one but not more than fifteen days past due, one hundred dollars;

(2) If a form, report, or statement is at least sixteen but not more than sixty days past due, five hundred dollars;

(3) If a form, report, or statement is at least sixty-one but not more than one hundred eighty days past due, one thousand dollars;

(4) If a form, report, or statement is at least one hundred eighty-one days past due, three thousand dollars.

The total of the penalties paid by an employer under this paragraph in a calendar year shall not exceed twenty thousand dollars.

(B) Any amount due from an employer under paragraphs (A) of this rule shall be collected from the county auditor in the same manner as is provided in section 742.35 of the Revised Code.

(C) Employers with no more than five members that still have penalties remaining after the application of the penalty structure in paragraph (A) of this rule shall pay an amount not to exceed one thousand five hundred dollars for each failure to transmit the notice or reports in accordance with sections 742.351 and 742.38 of the Revised Code. Such employers shall be eligible to participate in the payment plan outlined in rule 742-7-15 of the Administrative Code to the extent that they require an additional amount of time to repay penalties and interest.

Last updated August 4, 2026 at 10:06 AM

History

Effective: July 21, 2016
Promulgated Under: 111.15

Ohio Adm.Code 742-3-17

(A) For a member of Ohio police and fire pension fund ("OP&F") who wishes to withdraw an application for service retirement or disability benefits, the provisions of paragraph (B) or (C) of this rule shall govern, depending on which paragraph applies to the particular situation. For pending disability benefit applications, the withdrawal of the application is also governed by paragraph (C)(6) of rule 742-3-05 of the Administrative Code.

(B) In cases where OP&F has not issued a warrant for the payment of the benefit or made a payment of the benefit through direct deposit, the member can withdraw the application for service retirement or disability benefits by filing a written statement authorizing OP&F to withdraw the application.

(C) In cases where OP&F has already issued a warrant for the payment of the benefit, whether on an interim or final payment basis, whichever is the first to occur, the member shall return the first warrant and any subsequent warrants uncashed to OP&F. For benefit payments made through direct deposit, OP&F must be able to reverse the electronic funds transfer from the member's financial institution. The member shall also file with OP&F a written statement authorizing OP&F to withdraw the application for benefits and revoke any direct deposit authorization. The member's written statement, uncashed warrants, and return of payments made through direct deposit shall be received by OP&F no later than thirty days after the date on which the first warrant was sent to the member or deposited into the member's account by OP&F.

(D) For a member of OP&F who fails to withdraw the application for service retirement or disability benefits in accordance with paragraph (B) or (C) of this rule, such person will be deemed to have accepted the benefit and no withdrawal will be permitted. In the case of disability benefit recipients, they will be prohibited from applying for any new, changed, or different benefit, except as expressly provided for in division (D)(5) of section 742.38 of the Revised Code.

Last updated July 15, 2026 at 3:01 PM

History

Effective: July 4, 2021
Promulgated Under: 111.15

Ohio Adm.Code 742-3-10

(A) Waiver of annual medical examination requirement

(1) For those members who are subject to the terms of division (C)(2)(a) of section 742.40 of the Revised Code (i.e., a disability benefit recipient who has been a member of Ohio police and fire pension fund ("OP&F") for less than twenty-five years and has not attained age forty-eight, such disability benefit recipient shall submit to an annual medical examination by a physician designated by OP&F, unless the disability committee medical advisor certifies that a disability benefit recipient's disability is ongoing and the board waives the requirement that the disability benefit recipient undergo an annual medical examination.

(2) If the requirement that a disability benefit recipient undergo an annual medical examination is waived, the recipient shall thereafter be relieved from submitting to an annual medical examination until otherwise notified in writing by OP&F. However, any waiver granted shall not waive any rights the board may have to request a medical examination in accordance with the terms of division (C)(2)(b) of section 742.40 of the Revised Code.

(B) Annual medical examinations

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

(1) The disability benefit recipient shall be notified of the need to schedule the medical examination and be provided with at least thirty days prior written notice of the time and place of the scheduled examination.

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

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

(a) If the disability benefit recipient has not submitted to the medical examination within the aforementioned ninety day notice period, the suspension of disability benefits shall be effective on the first day of the month immediately following the expiration of the ninety day notice period.

(b) In the event the disability benefit recipient submits to the required medical examination after the ninety day notice period, OP&F will reinstate the recipient's disability benefits on the first day of the month immediately following the disability benefit recipient's submission to the required medical examination. The recipient shall be entitled to retroactive coverage of disability benefits during that time in which the benefits were suspended.

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

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

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

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

(1) In order to appeal any determinations of the board under paragraph (C) of this rule, the disability benefit recipient shall file the notice of disability appeal form provided by OP&F within ninety days of receipt of OP&F's notice of termination of benefits.

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

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

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

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

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

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

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

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

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

Last updated February 21, 2024 at 11:22 AM

History

Effective: September 22, 2022
Promulgated Under: 111.15

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

(A) This rule shall only apply to a member who has been granted an on-duty disability and who has less than the requisite years of "salary," as set forth in divisions (G) and (L) of section 742.01 of the Revised Code and rule 742-3-02 of the Administrative Code, as of the effective date of retirement.

(B) For purposes of calculating the on-duty disability benefit pursuant to section 742.39 of the Revised Code, the member's "average annual salary" shall be based on the actual "salary" paid during OP&F membership divided by the service credit applicable to the pay periods covered, with the balance of the months being based on the average "salary" over the reported time period calculated according to the aforementioned formula.

Last updated August 13, 2025 at 8:44 AM

History

Effective: April 23, 2015
Promulgated Under: 111.15

Ohio Adm.Code 742-3-07 Optional plan of payment.

(A) The selection of an optional plan of payment and nomination of a beneficiary must be on a form approved by the board of trustees of OP&F. Prior to the "Effective Date" (as defined in paragraph (J) of this rule), the selection of an optional plan of payment and nomination of beneficiary may be revoked or changed. A member's selection of an optional plan of payment and nomination of a beneficiary will be processed by OP&F, subject to the limitations set forth in section 742.3711 of the Revised Code.

Upon the "Effective Date", the choice of a plan of payment and a beneficiary are irrevocable, subject to the limitations provided for in section 742.3711 of the Revised Code and may be changed only for the conditions stated in law.

(B) The selection of an optional plan of payment and the nomination of a beneficiary become effective:

(1) In the case of a person filing an application for retirement on the effective date of retirement provided that the first adjusting or final regular benefit payment has been accepted, as outlined in paragraph (D) of rule 742-3-08 of the Administrative Code, and the retirant has not exercised his right with the consent of the beneficiary to cancel the plan within one year of the effective date of retirement as authorized under division (E) of section 742.3711 of the Revised Code;

(2) In the case of a plan reselection following marriage or remarriage, on the date of receipt by OP&F of an application on a form approved by the board.

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

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

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

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

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

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

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

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

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

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

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

Last updated October 16, 2023 at 11:55 AM

History

Effective: July 19, 2012
Promulgated Under: 111.15

Ohio Adm.Code 742-3-08

(A) "Interim payment" is defined as the stream of monthly cash partial payments made to a member of Ohio police & fire pension fund (OP&F) in order to expedite the initiation of a pension or benefit to which the member is entitled while OP&F determines the final pension or benefit amount to be paid the member.

(B) Any OP&F member who has met all the qualifications for service or disability retirement under section 742.37 or 742.39 of the Revised Code, respectively, who has filed all forms or documents necessary to process an application for a pension or benefit, and who is not receiving a pension or benefit from OP&F is eligible to receive an interim pension or benefit payment described in paragraph (C) of this rule.

(C) Any OP&F member who meets the requirements set forth in paragraph (B) of this rule shall be paid an interim payment under the following conditions:

(1) The receipt of an interim payment is as binding on the member as the receipt of the regular payment of a pension or benefit. The retirement is permanent, and cannot be cancelled, the effective date cannot be changed, or the type reclassified, except that a member may elect receiving interim payments without waiving the right to appeal a disability award, as provided for in rule 742-3-05 of the Administrative Code.

(2) Ultimately, all interim and adjusting payments will equal the full pension or benefit which a member is entitled to receive from OP&F.

(3) The calculation of the interim payment amount is based on the computation criteria or policy approved by OP&F's board from time to time.

(4) The member shall be deemed to consent to the recovery of any overpayment by deduction from the member's monthly pension or benefit. The recovery shall be accomplished in a period not to exceed the period over which the overpayment occurred.

(5) The member shall be informed that once the first interim payment is cash or deposited, the member can no longer purchase or reinstate any service credit.

(6) While a member is receiving interim payments, OP&F shall not make any payments for cost of living adjustments. Any cost of living allowances due the member shall be paid once the member is converted to a final payment.

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

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

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

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

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

Last updated February 11, 2023 at 4:14 AM

History

Effective: February 11, 2023
Promulgated Under: 111.15

Ohio Adm.Code 742-3-27

A member who remarries and desires to select a new spouse upon a remarriage may only do so if the member makes such selection within the statutory deadline and, in cases where the member has already selected beneficiaries under division (A)(4) of section 742.3711 of the Revised Code, the following shall apply:

(A) Less than four beneficiaries - In cases where there are less than four beneficiaries named under an annuity plan of payment, the member has the right to reselect a plan of payment by the stated deadline in order to name the new spouse as a beneficiary provided that the amount that would be due and payable to a former spouse designated as a beneficiary is not reduced in cases where this designation is made in furtherance of an existing court order.

(B) Four beneficiaries/voluntary designations - In cases where four beneficiaries are already named under a multiple beneficiary annuity plan of payment, but some beneficiaries have been voluntarily designated by the member who is not under an existing court order to do so, the member may cancel an existing beneficiary designation that is voluntary in order to name the new spouse as beneficiary. Any designations required under division (A)(4) of section 742.3711 of the Revised Code, however, may not be cancelled without a proper waiver or termination of such designation is received by OP&F. In any event, any amounts due and payable to a former spouse designated as a beneficiary will also not be reduced in cases where this designation is made in furtherance of an existing court order.

(C) Four beneficiaries/court ordered designations - In cases where four beneficiaries are already named under a multiple beneficiary annuity plan of payment due to existing court orders, which requires the member to make such designation, the member will be permitted to designate a new spouse on remarriage within the statutory deadline only if a proper waiver or termination of such designation is received by OP&F. Otherwise, no new designation can be made. In cases where a waiver or termination is received, any amounts due and payable to a former spouse will not be reduced.

Last updated October 16, 2023 at 11:58 AM

History

Effective: January 30, 2017
Promulgated Under: 111.15

Ohio Adm.Code 742-7-08

(A) The benefits and contributions of any member shall be calculated on the basis of the member's salary as defined by divisions (G) and (L) of section 742.01 of the Revised Code and rule 742-3-02 of the Administrative Code.

(B) A beneficiary's "anniversary date" shall be July first, for those eligible for the first cost-of-living allowance on that date or the anniversary of the beneficiary's effective date of retirement or benefits for those not eligible for the first cost-of-living allowance. When a beneficiary's anniversary date does not fall on the first of a month, a pro rata payment of the first month's cost-of-living allowance shall be paid.

(C) A beneficiary's "base benefit" shall be the amount of a benefit first calculated upon retirement, and shall exclude any medicare reimbursement, any amount by which a member reduces benefits under an optional plan of payment pursuant to section 742.3711 of the Revised Code, any actuarial reduction for early retirement, and any previous cost-of-living increases.

(D) The benefit paid to an eligible survivor under an optional plan of payment shall be based upon the amount last received by the member, excluding medicare reimbursement and the amount of any reduction chosen by the member, but including any cost-of-living allowance received by the member. Such survivor shall be entitled to cost-of-living adjustments based upon the original base of the survivor under the optional plan of payment.

(E) Upon the election by an eligible member to cancel an optional plan of payment and to return to a single life annuity, previously awarded cost-of-living allowances shall be adjusted to the amount the member would have received had the member always been paid a single life annuity.

Last updated July 28, 2025 at 8:22 AM

History

Effective: July 28, 2025
Promulgated Under: 111.15

Ohio Adm.Code 742-3-24

The specified amount that a member is required to elect pursuant to a court order, described in division (D)(1)(c) of section 742.3711 of the Revised Code, shall be expressed only as a percentage of the allowance that continues after the member's death. In the event that it is expressed as a dollar amount, Ohio police and fire pension fund shall convert the amount to a percentage that will continue at least that amount to the former spouse as a survivor annuity upon the member's death.

Last updated October 16, 2023 at 11:57 AM

History

Effective: January 30, 2017
Promulgated Under: 111.15

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

(A) The requirement under section 742.26 of the Revised Code that benefits be forfeited if employment occurs under another Ohio public retirement system shall apply only to retirants from the Ohio police and fire pension fund ("OP&F") with effective benefit dates on or after August 30, 1991.

(B) For the purposes of section 742.26 of the Revised Code, the effective retirement benefit date for an individual granted "deferred" retirement under Chapter 742. of the Revised Code shall be the date upon which the retirement allowance commences.

(C) Individuals who are receiving benefits under OP&F will forfeit benefits for any month in which employment under another Ohio public retirement system occurs before the lapse of sixty days from the effective retirement benefit date (the "forfeiture period"). Forfeiture will not occur if the individual was employed in any position under another Ohio public retirement system on the effective retirement benefit date and had been continuously employed for sixty days before the effective retirement benefit date.

For purposes of determining whether a member has been continuously employed, OP&F shall consider a member to be "continuously employed" if one of the following criteria is met:

(1) OP&F receives documentation that shows that the member received regular earnings during the forfeiture period from an employer who is a contributing employer with another Ohio retirement system; or

(2) If there is a break in regular earnings during the forfeiture period, OP&F receives documentation that evidences the continuation of the member's employment relationship in the form of a contract that governs the forfeiture period and includes the member's job description or the member's employer provides a certification to OP&F that confirms the existence of a long term and continuous relationship, which included the forfeiture period.

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

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

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

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

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

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

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

(2) Interest shall be credited to accounts only at the time of calculation of a payable benefit. Interest will be calculated based on the balance of the participant's contributions and previously earned interest as of December thirty-first of each year until a lump sum is paid or an annuity commences. Pro rata interest is credited for the final partial year in which the payment of the benefit commences. Effective the first business day of the second quarter of 2012, the compounded interest rate shall be adjusted quarterly at a rate based on the "10-Year U.S. Treasury Note Business Day Series," as published by the board of governors of the federal reserve. In no event, however, shall the rate of interest exceed five per cent.

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

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

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

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

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

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

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

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

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

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

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

Last updated October 16, 2023 at 11:56 AM

History

Effective: March 22, 2018
Promulgated Under: 111.15

Ohio Adm.Code 742-3-20

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(D)

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

(E) Process for termination of disability benefits.

For any termination of disability benefits under section 742.40 of the Revised Code, staff shall present the termination for review and consideration by the disability committee, who shall make a written recommendation to the board of trustees based upon the applicable criteria. The applicable disability benefit recipient shall be notified of the board's decision within thirty days after the board's action and such notice shall be sent by certified mail, return receipt requested. The disability benefit recipient shall also be notified of the right to appeal the termination of disability benefits and the right to convert the disability benefits to a service retirement pension if the age and service eligibility requirements under division (C)(1), (C)(2), (C)(3), or (C)(4) of section 742.37 of the Revised Code are met and an application for service retirement is filed with OP&F.

(F) Appeal of termination of disability benefits.

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

(2) Within thirty days of filing of the notice of appeal, the disability benefit recipient ("appellant") shall file with OP&F all materials which he or she desires to submit in support of the appeal. Failure to submit supporting materials or to request an extension of time within which to do so will be sufficient cause for the appeal to be dismissed. Upon application before the expiration of the original thirty day period referred to in this paragraph, the appellant may, for good cause shown, be granted an extension of thirty days within which to file supporting materials.

(3) Upon receipt of the supporting materials, OP&F shall schedule a hearing on the appeal and shall give the appellant reasonable notice of the date, time, and place thereof in writing. Such hearings shall be held within sixty days of the receipt of the supporting documentation by OP&F. Any hearing may be postponed or continued by the board, either upon application of the appellant or on its own motion. In no event shall a hearing be postponed more than three times, and in no event shall the postponements, in the aggregate, exceed six months. A request for a postponement received by OP&F within ten days of the date of the hearing will only be granted in exceptional circumstances, as determined by OP&F's executive director in his or her sole discretion.

The appellant shall be given the opportunity to be present, with counsel or other representation if he or she chooses, at the hearing. A recording of the hearing will be made to provide the board with a record for further review. Such recording of the hearing shall be available to the appellant and to those individuals who are authorized by the appellant to receive such information on the authorization form provided by OP&F.

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

(a) Affirm the decision to terminate disability benefits;

(b) Reverse the decision to terminate disability benefits;

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

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

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

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

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

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

Last updated September 23, 2024 at 7:24 AM

History

Effective: September 22, 2024
Promulgated Under: 111.15

Ohio Adm.Code 742-3-11 Decision deadlines/non-COLA benefit.

(A) A member of the fund who is eligible to make the election under division (D) of section 742.3716 of the Revised Code shall be given notice of such choice. If a member of the fund who is eligible to make such election fails to make a decision within sixty days of being notified of the exact pension or benefit amount payable, then such member shall be deemed conclusively not to have exercised the election under division (D) of section 742.3716 of the Revised Code and the pension or benefit shall be paid accordingly.

(B) Notwithstanding rule 742-3-07 of the Administrative Code, a member of the fund who has been notified in writing of the actuarial equivalent of the member's retirement allowance shall have sixty days to return to the fund completed annuity agreement forms or to request a modified payment plan. If the member fails to file completed annuity agreement forms or a written request for a modified payment plan within the aforesaid sixty day period, then such member shall be deemed conclusively to have consented to the optional plan selected.

(C) A member of the fund is deemed to consent to the deduction of unpaid employee contributions required under section 742.31 of the Revised Code from any pension or benefit payable under section 742.37 or 742.39 of the Revised Code.

Last updated October 16, 2023 at 11:56 AM

History

Effective: February 4, 2013
Promulgated Under: 111.15

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

(A) If a member makes a claim with the Ohio police and fire pension fund ("OP&F") pursuant to division (J) of section 742.21 of the Revised Code, the procedures set forth in this rule shall apply.

(B) In computing a pension or benefit under section 742.37 or 742.39 of the Revised Code, OP&F's board of trustees shall give the member full credit for service credit purchased or transferred under section 742.21 of the Revised Code for service that was less than full-time service if the member files a claim with OP&F, and the board determines that clear and convincing documentary evidence exists to support the finding that all of the following criteria have been met:

(1) The OP&F member is not receiving a pension or disability benefit from OP&F;

(2) Prior to the member changing or ceasing his/her employment, the member received written notice from OP&F indicating that the member would be permitted to purchase or transfer service credit for service that was less than full-time without any limitation or qualification;

(3) Based upon the written notification referenced in paragraph (B)(2) of this rule, the member changed or ceased the member's employment, which by virtue of such job assignment made such person an OP&F member; and

(4) The member's reliance on OP&F's written notice of the transfer of such service credit resulted in actual damage to the member, including, but not limited to the member's ineligibility for retirement benefits.

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

(D) Based on the written recommendation of the benefits committee or such other committee as the board may designate from time to time, the board shall then review all evidence available and decide to:

(1) Grant the claim;

(2) Deny the claim; or

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

(E) Any claim granted by the board under division (J) of section 742.21 of the Revised Code and this rule shall be effective as of the date that the board made its decision.

(F) The member shall be notified of the board's decision within thirty days after the board's final action.

If the claim is denied by the board, OP&F's notice of decision shall also inform the member of his or her right to appeal the board's decision.

(G) Appeal of board's decision.

(1) If the member's claim is denied by the board and the member wishes to appeal the board's decision, the member must file a written notice of appeal with OP&F within ninety days of the date of the board's notice of decision. The member shall also provide OP&F with all materials which he or she desires to submit in support of the appeal.

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

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

(a) Affirm the original decision;

(b) Reverse the original decision; or

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

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

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

(b) File a mandamus action.

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

Last updated August 13, 2025 at 8:45 AM

History

Effective: May 31, 2020
Promulgated Under: 111.15

Ohio Adm.Code 742-3-16 Survivor benefits.

(A) "Interim Survivor Benefit Payment" is defined as the interim monthly survivor benefit initially paid by Ohio police and fire pension fund ("OP&F") to a surviving spouse of a member in the amount described in division (D) of section 742.37 of the Revised Code until OP&F receives a properly completed application for survivor benefits on a form provided by OP&F and the documents and forms required by this rule, subject to the terms and conditions set forth in this rule. In no event shall interim survivor benefit payments be made for more than ninety days.

(B) Upon receipt of OP&F's notice of the death of a member, the following will occur:

(1) OP&F will process the interim survivor benefit payment due the member's surviving spouse provided that there is a valid marriage certificate on file. No interim survivor benefit payment will be paid without a valid marriage certificate on file.

(2) OP&F will send the surviving spouse an application for survivor benefits, a direct deposit application, tax withholding forms and, if applicable, health care stipend forms on forms provided by OP&F to the most recent address referenced in the member's record or the address provided to OP&F.

(C) The surviving spouse shall submit the application for direct deposit to OP&F within sixty days of the issuance of the first interim survivor benefit payment. If a properly completed application for direct deposit is not received by the end of that sixty-day period, the payment of interim survivor benefits shall be suspended until the application is received by OP&F.

(D) The surviving spouse shall submit the application for survivor benefits to OP&F within ninety days of the issuance of the first interim survivor benefit payment. In the event a properly completed application for survivor benefits is received by OP&F on or before the expiration of the ninety-day period, OP&F will no longer be considered to be paying interim survivor benefit payments, but rather shall be paying the survivor benefit provided for in division (D) of section 742.37 of the Revised Code. In the event a properly completed application for survivor benefits is not received by OP&F by the end of that ninety-day period, the payment of interim survivor benefits shall be suspended.

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

(F) In the event OP&F pays a benefit to a member prior to OP&F's receipt of notice of the member's death and the member benefit payment is not returned to OP&F, OP&F will offset any overpaid member benefit against the survivor benefits due the surviving spouse under division (D) of section 742.37 of the Revised Code and section 742.58 of the Revised Code, as necessary.

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

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

Last updated September 23, 2024 at 7:24 AM

History

Effective: September 22, 2024
Promulgated Under: 111.15

Ohio Adm.Code 742-7-09

(A) For purposes of division (B) of section 742.45 of the Revised Code, "satisfactory evidence of the payment for coverage" shall mean filing of the medicare part "B" reimbursement statement in the form approved by OP&F or the medicare billing statement, along with a copy of the applicant's medicare card or a letter from medicare in lieu of a medicare card. No retroactive reimbursement will be made. For any inaccurate or incorrect statement made on the medicare part "B" reimbursement statement, OP&F reserves all rights to recover monies associated with a covered person's failure to comply with such provisions.

(B) In accordance with divisions (C) and (D) of section 742.45 of the Revised Code, OP&F shall not reimburse the medicare part "B" premium to a benefit recipient who is receiving or should be receiving reimbursement for this premium from any other source and the member or benefit recipient shall be deemed to consent to the recovery of any overpayment by deduction from his/her monthly pension or benefit. If another Ohio retirement system is responsible to provide health care to such recipient, OP&F shall not be responsible to pay the medicare part "B" reimbursement. No retroactive payment shall be given.

(C) The recipient of the medicare part "B" reimbursement shall be deemed to consent to the recovery of any overpayment by deduction from his/her monthly pension or benefit. The monthly deduction shall be an amount equal to the greater of:

(1) The monthly amount determined by dividing the amount of the overpayment by the time period over which the overpayment occurred;

(2) The monthly amount of OP&F's medicare part "B" reimbursement on the month in which deductions are to commence; or

(3) The monthly amount agreed to in writing by the recipient.

(D) Effective January 1, 2002, the reimbursement of medicare part "B" payments made by OP&F to eligible beneficiaries under section 742.45 of the Revised Code shall not be considered "benefits" under division of property orders and child and spousal support orders since these payments are reimbursement of expenses incurred by such beneficiary.

Last updated October 16, 2023 at 12:06 PM

History

Effective: March 29, 2019
Promulgated Under: 111.15

Ohio Adm.Code 742-3-18 Definition of "total dependency".

For purposes of paying benefits to a surviving child of a member who is "totally dependent" upon the member for support at the time of the death under division (E) of section 742.37 of the Revised Code, the child must meet one of the following criteria:

(A) The child has a mentally or physically disabling condition and was claimed as an exemption for federal income tax return purposes for the year preceding the member's death;

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

(D) The child has a mental or physical disability and is incapable of earning at least sixteen thousand dollars annually, as determined by the disability committee medical advisor and the disability committee vocational expert.

Last updated September 22, 2022 at 11:32 AM

History

Effective: September 22, 2022
Promulgated Under: 111.15

Ohio Adm.Code 742-3-19 Pre-1967 survivor benefits.

(A) The board of trustees of Ohio police and fire pension fund ("OP&F") shall consider the following as evidence acceptable to the board for purposes of determining the eligibility of a surviving spouse for the benefits provided for in division (D)(4) of section 742.37 of the Revised Code:

(1) The certification provided for in OP&F's application for surviving spouse's pension under division (D)(4) of section 742.37 of the Revised Code or a substantially similar certification, which will be determined by OP&F in its sole and absolute discretion (the "application"); and

(2) For applications for benefits filed with OP&F under division (D)(4) of section 742.37 of the Revised Code from and after April 1, 2002, public documentation provided by the applicant, including an affidavit signed by an independent third party and notarized before a notary public that identifies or, in the case of the affidavit, certifies that the decedent identified in the surviving spouse's application was a former member of or contributor to a fund established under former Chapter 521. or 741. of the Revised Code (the "local fund member"); and

(3) A copy of the marriage certificate that documents the marriage of the surviving spouse to the local fund member.

Notwithstanding the foregoing, OP&F will also require the applicant to provide such other documents required for the application of statutory survivor benefits under division (D) of section 742.37 of the Revised Code.

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

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

(2) For applications for benefits filed with OP&F under division (F)(1)(b) of section 742.63 of the Revised Code from and after April 1, 2002, public documentation provided by the applicant, including an affidavit signed by an independent third party and notarized before a notary public that identifies or, in the case of the affidavit, certifies that the decedent identified in the surviving spouse's application was a former member of or contributor to a fund established under former Chapter 521. or 741. of the Revised Code (the "local fund member"); and

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

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

Last updated October 16, 2023 at 11:56 AM

History

Effective: March 29, 2019
Promulgated Under: 111.15

Ohio Adm.Code 742-19-01

(A) Subject to the terms of division (J) of section 742.63 of the Revised Code, benefits from the public safety officers death benefit fund shall be paid only to eligible surviving spouses and children or dependent parents of persons listed in section 742.63 of the Revised Code provided the member is "killed in the line of duty," as such term is defined in division (A)(12) of section 742.63 of the Revised Code.

(B) Application and determination of benefits.

(1) Application for death fund benefits shall be made on a form provided by the Ohio police and fire pension fund ("OP&F"). Such application shall include an agreement by the applicant to be responsible for reporting any person in the family unit who becomes ineligible for benefits due to marriage or age limitations.

(2) Applications shall be made for the family unit by the surviving spouse. In cases where no eligible spouse exists, and only minor children are eligible, the application shall be filed by the legal guardian.

(3) Documentation to be provided by the applicant shall include: a copy of the marriage record, a copy of the death certificate, a birth certificate for each child, and evidence that death was a result of performance of official duties. A guardian who is the applicant shall provide supporting court documentation showing the person's appointment as guardian. Department certification and other documentation may be required by OP&F prior to determination of eligibility.

(4) OP&F's board of trustees shall determine a survivor's eligibility for benefits provided for in section 742.63 of the Revised Code and in the event of a denial of benefits, the survivor shall have the right to submit up to two requests for reconsideration provided, however, that new evidence is submitted with such request for reconsideration. OP&F shall review the request for reconsideration in the same manner as an initial application for benefits, subject to the limitations stated in this division.

(5) If an initial application for death fund benefits or request for reconsideration has been filed with OP&F, but the required supporting documentation has not been submitted or the applicant has not taken any action to prosecute his or her claims within six months of the filing with OP&F, OP&f shall have the authority to dismiss the initial application or request for reconsideration for failure to prosecute the claim. In order to dismiss a claim for failure to prosecute, OP&F must have given ninety days prior written notice to the applicant of the need to file the required supporting documentation and the applicant failed to file the necessary documentation with OP&F before the expiration of such ninety day time period.

(C) Cause of death of member. For purposes of section 742.63 of the Revised Code, survivors shall be eligible for death fund benefits if the member's death is under the following circumstances:

(1) Injury or disease sustained in the line of duty.

(2) Heart disease, with fatal attack while in the line of duty.

(3) Heart disease or other fatal injury or illness while off duty, if the fatal attack or other fatal injury or illness was caused while in the line of duty.

For purposes of this paragraph, "in the line of duty" shall mean the official duties provided by the employer, including any duties arising out of agreements that the employer may have entered into for the performance of services on behalf of other Ohio villages, cities, or municipalities, or federal agencies or as otherwise imposed by law.

(D) Determination of benefit amount. The term "full monthly salary" as used in division (A)(11) of section 742.63 of the Revised Code shall mean one-twelfth of the base annual ordinance, statute, or contract salary authorized by the employer for the position and salary level attained by the member at the time of death; such position shall be the basis for any future benefit adjustments. Adjustments in benefits shall be made in accordance with the base salary ordinance, statute, or contract of the employer where the decedent was employed.

(E) Method of payment and commencement of payments.

(1) Where benefits are divided among family members, one payment shall be issued to the spouse and one for each minor child.

(2) A payment issued for a child under eighteen years of age or for a disabled child shall be made payable to the child's parent or guardian.

(3) Benefit payments to eligible survivors shall be effective the first day of the month following the month of death.

(4) Payments may not be made prior to board approval.

(F) Definition of "child" and "children." As used in section 742.63 of the Revised Code, "child" and "children" mean:

(1) Any natural child or children born to a marriage of the deceased member, except a child or children adopted by another person prior to the member's death.

(2) Any child or children legally adopted by the member prior to his or her death.

(3) Any natural child or children born outside a marriage of the deceased member when the parenthood of the member can be established to the satisfaction of OP&F's board of trustees.

Last updated April 18, 2023 at 8:28 AM

History

Effective: April 15, 2023
Promulgated Under: 111.15

Ohio Adm.Code 742-3-21 Forfeiture and termination of disability benefits.

In the event of any forfeiture and termination of disability benefits in accordance with division (C) or (D) of section 742.40 of the Revised Code, Ohio police and fire pension fund (OP&F) shall convert the person's disability benefits to a service retirement pension if the person meets the age and service eligibility requirements under division (C)(1), (C)(2), (C)(3), or (C)(4) of section 742.37 of the Revised Code, upon the person filing an application for service pension with OP&F. The effective date of the service pension shall be the day immediately following the effective date of the person's termination and forfeiture of disability benefits for purposes of benefits paid under division (C)(1), (C)(3), or (C)(4) of section 742.37 of the Revised Code or the day on which the person meets the eligibility requirements under division (C)(2) of section 742.37 of the Revised Code.

For purposes of determining if the person meets the age and service eligibility requirements under division (C)(1), (C)(2), (C)(3), or (C)(4) of section 742.37 of the Revised Code, OP&F shall only include contributing and purchased service credit. OP&F shall notify the person of any available service credit that may be purchased in order to meet the eligibility requirements. Such notice shall provide that the eligible service credit must be purchased within ninety days of the date of the notice and if this person does not complete the purchase with OP&F within such time period, the purchase will not be permitted.

If the person does not meet or will not meet the age and service eligibility requirements under division (C)(1), (C)(2), (C)(3), or (C)(4) of section 742.37 of the Revised Code, the person will be entitled to a refund of the person's contributions consistent with the provisions of division (G) of section 742.37 of the Revised Code.

Last updated October 16, 2023 at 11:57 AM

History

Effective: March 22, 2018
Promulgated Under: 111.15

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

A member may designate a trust as "beneficiary" for purposes of any lump sum payments due under section 742.446 of the Revised Code (i.e., deferred retirement option plan) and section 742.58 of the Revised Code (i.e., lump sum death benefit). When submitting the beneficiary designation forms provided by OP&F, a member who designates a trust as beneficiary shall submit either a copy of a certificate of trust or copies of the first page and signature page of the trust instrument. The member shall also submit any other documentation requested by OP&F for the distribution of such funds. This rule will not supercede any statutory provisions governing the distribution of funds that may become due and payable under the aforementioned statutes.

Last updated October 16, 2023 at 11:57 AM

History

Effective: January 30, 2017
Promulgated Under: 111.15

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

(A) As provided in division (D)(1) of section 742.3711 of the Revised Code, spousal consent to a member's plan of payment shall not be required if the member is required to elect a plan of payment pursuant to a court order issued under section 3105.171 or 3105.65 of the Revised Code or the laws of another state regarding the division of marital property.

(B) A member's current spouse must consent to the election of a plan of payment described in division (A)(4) of section 742.3711 of the Revised Code if either of the following applies:

(1) The member selects a plan of payment described in division (A)(4) of section 742.3711 of the Revised Code, but Ohio police and fire pension fund's records reflect that the member is not subject to a court order issued under section 3105.171 or 3105.65 of the Revised Code or the laws of another state regarding the division of marital property that requires the member to make such an election;

(2) The member is ordered to designate the former spouse as a beneficiary of a specified portion of the benefit, but also designates a beneficiary or beneficiaries other than the current spouse under that plan of payment.

Last updated October 16, 2023 at 11:57 AM

History

Effective: March 14, 2008
Promulgated Under: 111.15

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

In cases where a member is required to elect a joint and survivor annuity at the time of retirement and designate a former spouse as a beneficiary) pursuant to a court order issued under section 3105.171 or 3105.65 of the Revised Code or the laws of another state regarding the division of marital property, but the former spouse wishes to waive the former spouse's interest in the member's annuity plan, the member or former spouse shall submit a court order to OP&F that specifically cancels the joint and survivor annuity and the former spouse's right to be designated as beneficiary.

Last updated October 16, 2023 at 11:58 AM

History

Effective: January 30, 2017
Promulgated Under: 111.15

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

In cases where a member designates a beneficiary upon the person's election to participate in DROP and the member is required to elect a joint and survivor annuity pursuant to a court order, the member shall have the right to designate a former spouse as an additional beneficiary under division (A)(4) of section 742.3711 of the Revised Code in such cases without a corresponding reduction in DROP benefits. In all other cases, the member will not be permitted to make additional selections of beneficiaries upon the person's retirement.

Last updated October 16, 2023 at 11:58 AM

History

Effective: January 30, 2017
Promulgated Under: 111.15

Ohio Adm.Code 742-3-29 Mandatory direct deposit.

(A) As used in this rule, "alternate payee" shall be as defined by section 3105.80 of the Revised Code.

(B) Except as provided in paragraph (C) of this rule, effective August 1, 2017, an individual who receives an annuity, pension, allowance, monthly benefit, or monthly payment from the Ohio police and fire pension fund ("OP&F") shall be paid by direct deposit, which is an electronic fund transfer directly to an individual's account at a financial institution. Retirants, benefit recipients, and alternate payees shall provide to the retirement system valid direct deposit account and routing numbers, the name and contact information of the financial institution, and other such information as may be required by OP&F. OP&F may withhold payment until the individual provides the information described in this paragraph.

(C) If a retirant, benefit recipient, or alternate payee resides outside the United States, in a nursing or convalescent home, correctional facility, jail, or prison, or similar situation such that compliance with paragraph (B) of this rule is impracticable, the individual may submit a written request for exemption from direct deposit and OP&F staff shall approve or deny the request.

Last updated October 16, 2023 at 11:58 AM

History

Effective: May 22, 2017
Promulgated Under: 111.15

Ohio Adm.Code 742-3-30 Agents standard of conduct.

(A) All attorneys, agents and representatives of an OP&F member shall abide by the following standards of conduct while representing the member in any dealings with OP&F:

(1) Provide competent representation to a member, which requires the knowledge, skill, thoroughness and preparation reasonably necessary for the representation. This also includes being, or becoming, familiar with OP&F's governing statutes, administrative rules and procedures;

(2) Abide by OP&F's governing provisions and procedures at all times;

(3) Conduct his or her dealings in an ethical manner that furthers the efficient, fair and orderly conduct of the administrative decision-making process. This includes acting with reasonable diligence and promptness in representing a member and providing prompt and responsive answers to requests from OP&F for any relevant information or documentation;

(4) Be forthright in his or her dealings with OP&F and with the member; and

(5) Otherwise act in a manner that is consistent with OP&F's core values, which includes acting with prudence, integrity and empathy.

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

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

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

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

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

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

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

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

Last updated January 3, 2024 at 2:00 PM

History

Effective: December 4, 2008
Promulgated Under: 111.15

Chapter 742-4 Deferred Retirement Option Plans

Ohio Adm.Code 742-4-01 General DROP definitions.

Capitalized terms used in rules 742-4-01 to 742-4-19 of the Administrative Code shall have the following meaning:

(A) "Average Annual Salary" is defined in division (G) of section 742.01 of the Revised Code.

(B) A "DROP Participant" shall mean an eligible member who files the election (as hereinafter defined) with OP&F and the election has been fully completed and properly completed by the member.

(D) "DROP Benefit" shall mean the benefit calculated for a DROP participant in accordance with the provisions of section 742.442 of the Revised Code and rule 742-4-06 of the Administrative Code, but subject to the provisions of division (C) of section 742.444 and section 742.445 of the Revised Code.

(E) "Effective Date" is defined in rule 742-4-03 of the Administrative Code.

(F) "Election" shall mean the election form that OP&F requires in order for a member to participate in DROP, as such form may be amended or modified from time to time by OP&F. For those elections that have been filed with OP&F, it shall also mean the fully and properly completed required election that is signed by the member.

(G) "Employer's First Payroll Reporting Period" shall mean the first day of the employer's first payroll reporting period reported to OP&F under section 742.32 of the Revised Code that immediately follows the DROP participant's effective date, as determined by OP&F according to its books and records.

(H) "Family Medical Leave Act" is defined in rule 742-4-12 of the Administrative Code.

(I) "Member" shall have the meaning set forth in division (E) of section 742.01 of the Revised Code, as more fully explained in divisions (A)(2) and (B)(2) of section 742.01 of the Revised Code.

(J) "Retirement Allowance" is defined in division (I) of section 742.01 of the Revised Code, as more fully described in rule 742-4-17 of the Administrative Code.

Last updated February 21, 2024 at 11:23 AM

History

Effective: January 16, 2014
Promulgated Under: 111.15

Ohio Adm.Code 742-4-19

(A) For purposes of paying DROP benefits under division (B)(1) of section 742.446 of the Revised Code, the Ohio police and fire pension fund (OP&F) may require receipt of the following documents from the DROP participant's surviving spouse, designated beneficiary or estate, as the case may be:

(1) Marriage certificate, if applicable;

(2) Birth certificate, if applicable;

(3) Letters of authority from the DROP Participant's executor/executrix or administrator/administratrix, if applicable and as the case may be;

(4) Application for benefits in the form provided by OP&F;

(5) A complete copy of the trust agreement if a trust has been designated as the beneficiary of DROP benefits pursuant to rule 742-3-22 of the Administrative Code;

(6) Any other documentation requested by OP&F for the distribution of funds.

(B) Capitalized terms used in this rule shall have the meaning assigned to them in rule 742-4-01 of the Administrative Code.

Last updated July 31, 2024 at 11:38 AM

History

Effective: September 27, 2009
Promulgated Under: 111.15

Ohio Adm.Code 742-4-06

(A) For purposes of calculating the DROP benefit, OP&F shall determine the monthly pension amount that would have been payable to the DROP participant had the member elected to receive normal service retirement benefits under division (C)(1) of section 742.37 of the Revised Code, according to the requirements set forth in divisions (G), (K) and (L) of section 742.01 of the Revised Code, rule 742-3-02 of the Administrative Code and this rule.

(B) For purposes of paragraphs (C)(1)(b), (C)(1)(c), and (C)(1)(d) of rule 742-3-02 of the Administrative Code, OP&F shall determine the holidays, longevity, stress pay and similar special payments to be used in the calculation of average annual salary, based on the following: (1) holidays, longevity, hazard, stress pay and similar special payments paid to the DROP participant during the calculation period; or (2) if a portion of the holidays, longevity, hazard, stress pay and similar special payments are disallowed due to such "salary" being outside of the beginning calculation period, but the holidays, longevity, stress pay, or similar special payments are earned at the end of the calculation period, but not paid, OP&F shall include such amounts with the calculation based on the amount paid to the DROP participant and reported by the DROP participant's employer to OP&F for the immediate preceding period for the same type of holidays, longevity, stress pay, or similar special payments, as the case may be.

(C) Capitalized terms used in this rule shall have the meaning assigned to them in rule 742-4-01 of the Administrative Code.

Last updated October 16, 2023 at 12:02 PM

History

Effective: August 17, 2018
Promulgated Under: 111.15

Ohio Adm.Code 742-4-03

(A) Unless the member has properly rescinded his/her DROP election or the terms of paragraph (B) of this rule apply, the "Effective Date" of an eligible member's election to participate in DROP shall be the later of:

(1) The first day of the employer's first payroll reporting period that immediately follows OP&F's receipt of the election, but if the payroll reporting period end date falls on the thirtieth day of the month, the first day of the employer's first payroll reporting period shall be the first day of the next month; or

(2) The date on which the member is eligible to participate in DROP, as determined by OP&F based on its books and records.

(B) For those members who file an election to participate in DROP with OP&F and do not properly rescind his/her election according to the terms of rule 742-4-04 of the Administrative Code, but do not meet the age or service requirements of division (C)(1) of section 742.37 of the Revised Code, the member shall still be considered "eligible to retire" for the purpose of electing to participate in DROP according to the terms of section 742.44 of the Revised Code only if the member's eligibility to participate in DROP is not more than ninety days after the date on which OP&F received the member's election, as determined by OP&F's books and records. In the event the member's first eligibility date to participate in DROP is more than ninety days after the date on which OP&F received the member's election, as determined by OP&F's books and records, the member shall not be considered "eligible to retire" according to the terms of section 742.44 of the Revised Code and the member's election shall be null and void and of no force and effect.

(C) In the event a member's election is invalid, as outlined in paragraph (B) of this rule, the member shall not be foreclosed from filing a subsequent election to participate in DROP. In all events, however, the member has only one opportunity to participate in DROP.

(D) Capitalized terms used in this rule shall have the meaning assigned to them in rule 742-4-01 of the Administrative Code (definitions).

Last updated February 21, 2024 at 11:23 AM

History

Effective: January 16, 2014
Promulgated Under: 111.15

Ohio Adm.Code 742-4-12

(A) "Family Medical Leave Act" shall mean the statutory provisions outlined in 29 U.S.C. 2601, as amended.

(B) If a DROP participant elects to exercise his/her rights under the Family Medical Leave Act, such election shall not extend the time during which the DROP participant can participate in DROP.

(C) If the DROP participant uses vacation or sick leave so that he/she can stay on his/her employer's payroll, contributions shall be accrued for his/her benefit according to section 742.443 of the Revised Code and rule 742-4-06 of the Administrative Code. In cases where no "salary" is paid to the DROP participant as a result of this election, no accrual of contributions shall be made for his/her benefit.

(D) This rule shall be subject to the provisions of division (C) of section 742.444 and section 742.445 of the Revised Code.

(E) Capitalized terms used in this rule shall have the meaning assigned to them in rule 742-4-01 of the Administrative Code.

Last updated January 3, 2024 at 2:00 PM

History

Effective: November 23, 2018
Promulgated Under: 111.15

Ohio Adm.Code 742-4-17

For purposes of determining the "retirement allowance" under section 742.3714 of the Revised Code, this shall be the amount calculated by OP&F pursuant to section 742.442 of the Revised Code.

Last updated October 16, 2023 at 12:04 PM

History

Effective: April 6, 2003
Promulgated Under: 111.15

Ohio Adm.Code 742-4-02 Implementation Date of Deferred Retirement Option Plan.

As provided for in section 742.43 of the Revised Code, the date of the initial implementation of the deferred retirement option plan (DROP) shall be January 2, 2003.

Last updated October 16, 2023 at 11:58 AM

History

Effective: April 6, 2003
Promulgated Under: 111.15

Ohio Adm.Code 742-4-04

(A) Capitalized terms used in this rule shall have the meaning assigned to them in rule 742-4-01 of the Administrative Code.

(B) A DROP participant may rescind his/her election to participate in DROP only upon the occurrence of either of the following events:

(1) OP&F receives a written authorization/notice from the DROP participant that directs OP&F to rescind such election and this written authorization/notice is received by OP&F within thirty days after OP&F received the DROP participant's election, as determined by OP&F based upon its books and records.

(2) In the event there is at least a ten percent difference between the last OP&F "estimate" of the DROP benefit amount prior to the person filing his/her election and the actual DROP benefit determined by OP&F (i.e. the pension benefit determined in accordance with section 742.442 of the Revised Code), OP&F receives a written authorization/notice from the DROP participant that directs OP&F to rescind such election and this written authorization/notice is received by OP&F within thirty days of OP&F's certified mailing that notifies the member of the difference between the OP&F "estimate" and actual DROP benefit and the DROP participant's right to rescind his/her election to participate in DROP. Notwithstanding the foregoing, the right to rescind provided for in this subsection shall not apply to estimates done through the calculator on OP&F's website, whether done by OP&F staff or the member.

(3) Unless the notice of rescission is not valid in accordance with the terms of this rule (in which case it will not be effective), all notice of rescissions are irrevocable once received by OP&F so the DROP participant shall have no opportunity to change his/her decision to rescind his/her participation in DROP.

(4) In no event shall OP&F process any rescission under paragraph (B)(2) of this rule if it is subject to any terms and conditions.

(C) In the event OP&F receives a notice to rescind a DROP participant's election to participate in DROP and it does not meet the conditions of paragraph (B)(2) of this rule, OP&F shall not process the rescission for such DROP participant and the DROP participant shall have no right to rescind his/her election to participate in DROP.

(D) In the event a DROP participant properly rescinds his/her election to participate in DROP in accordance with the provisions of paragraph (B)(2) of this rule, the member shall not be foreclosed from making another election to participate in DROP.

Last updated October 16, 2023 at 12:02 PM

History

Effective: August 17, 2018
Promulgated Under: 111.15

Ohio Adm.Code 742-4-05 Purchase of service credit.

(A) Except for the purchase of service credit done through an irrevocable payroll deduction agreement, which shall be governed by the provisions of rule 742-4-14 of the Administrative Code, OP&F shall offer the member the right to purchase the service credit prior to his/her entry into DROP. In the event the member is given the right to purchase the service credit by OP&F and fails to purchase the service credit prior to his/her effective date, OP&F shall calculate the monthly benefit under section 742.442 of the Revised Code based on the member's service credit and "salary" as of the effective date.

(B) In the event the member is given the right to purchase the service credit by OP&F and fails to purchase the service credit prior to his/her effective date, the member shall be deemed to waive his/her right to purchase service credit.

(C) For purposes of section 742.21 of the Revised Code, the requirement that a member "is not receiving a pension or benefit payment" shall not include DROP participants, unless the DROP participant:

(1) Rescinds his/her election in accordance with the terms of rule 742-4-04 of the Administrative Code;

(2) Ceases participation in DROP in accordance with section 742.445 of the Revised Code, or

(3) Fails to terminate active service in the police or fire department at the end of the eight-year period that begins on the effective date, as such period is calculated in accordance with the terms of rule 742-4-10 of the Administrative Code.

(D) Capitalized terms used in this rule shall have the meaning assigned to them in rule 742-4-01 of the Administrative Code.

Last updated October 16, 2023 at 12:02 PM

History

Effective: August 17, 2018
Promulgated Under: 111.15

Ohio Adm.Code 742-4-14

(A) For the purchase of service credit done through an irrevocable pre-tax payroll deduction agreement that provides for the purchase of service credit beyond the member's effective date and which was entered into before the DROP participant's effective date, the member shall not be permitted to terminate such payroll deduction, but the terms of this rule shall apply.

(B) For those DROP participants who meet the criteria of paragraph (A) of this rule, OP&F shall calculate the monthly DROP benefit under section 742.442 of the Revised Code based on the service credit actually purchased under such payroll deduction plan as of the member's effective date, subject to the limited recalculation done pursuant to paragraph (C) of this rule.

(C) For those DROP participants who meet the criteria of paragraph (A) of this rule and who complete the irrevocable pre-tax payroll deduction agreement, OP&F shall recalculate the monthly DROP benefit under section 742.442 of the Revised Code based on the service credit actually purchased under such payroll deduction plan and OP&F shall credit that increased benefit for the DROP participant's benefit, beginning the month following the month in which such purchase of service credit was completed; provided, however, that this shall not result in the recalculation of DROP benefits already calculated under section 742.442 of the Revised Code.

(D) Capitalized terms used in this rule shall have the meaning assigned to them in rule 742-4-01 of the Administrative Code (definitions).

Last updated October 16, 2023 at 12:03 PM

History

Effective: April 6, 2003
Promulgated Under: 111.15

Ohio Adm.Code 742-4-10

(A) For purposes of determining the maximum eight-year period for DROP participation, this date will be based on three hundred sixty-five calendar days from the effective date, regardless of the periods during which contributions were paid on behalf of the member. For example, if the member's effective date is January 18, 2003, the last day of the eight-year period shall end on January 17, 2011.

(B) Capitalized terms used in this rule shall have the meaning assigned to them in rule 742-4-01 of the Administrative Code.

Last updated October 16, 2023 at 12:03 PM

History

Effective: August 17, 2018
Promulgated Under: 111.15

Ohio Adm.Code 742-3-02