Effective: September 29, 2017
Latest Legislation: House Bill 49 - 132nd General Assembly
As used in this chapter:
(A) "Employee" means any qualified employee in the uniform division of the state highway patrol, any qualified employee in the radio division hired prior to November 2, 1989, and any state highway patrol cadet attending training school pursuant to section 5503.05 of the Revised Code whose attendance at the school begins on or after June 30, 1991. "Employee" includes the superintendent of the state highway patrol. In all cases of doubt, the state highway patrol retirement board shall determine whether any person is an employee as defined in this division, and the decision of the board is final.
(B) "Prior service" means all service rendered as an employee of the state highway patrol prior to September 5, 1941, to the extent credited by the board, provided that in no case shall prior service include service rendered prior to November 15, 1933.
(C) "Total service" means all service rendered by an employee to the extent credited by the board. Total service includes all of the following:
(1) Contributing service rendered by the employee since last becoming a member of the state highway patrol retirement system;
(2) All prior service credit;
(3) Restored service credit as provided in this chapter;
(4) Military service credit purchased under division (D) of section 5505.16 or section 5505.25 of the Revised Code;
(5) Credit granted under division (C) of section 5505.17 or section 5505.201, 5505.40, or 5505.402 of the Revised Code;
(6) Credit for any period, not to exceed three years, during which the member was out of service and receiving benefits under Chapters 4121. and 4123. of the Revised Code.
(D) "Regular interest" means interest compounded at rates designated from time to time by the retirement board.
(E) "Plan" means the provisions of this chapter.
(F) "Retirement system" or "system" means the state highway patrol retirement system created and established in the plan.
(G) "Contributing service" means all service rendered by a member since September 4, 1941, for which deductions were made from the member's salary under the plan.
(H) "Retirement board" or "board" means the state highway patrol retirement board provided for in the plan.
(I) Except as provided in sections 5505.16, 5505.162, and 5505.18 of the Revised Code, "member" means any employee included in the membership of the retirement system, whether or not rendering contributing service.
(J) "Retirant" means any member who has retired under section 5505.16 or 5505.18 of the Revised Code.
(K) "Accumulated contributions" means the sum of the following credited to a member's individual account in the employees' savings fund:
(1) All amounts deducted from the salary of the member;
(2) All amounts paid by the member to purchase state highway patrol retirement system service credit pursuant to this chapter or other state law.
(L)(1) Except as provided in division (L)(2) of this section, "final average salary" means the average of the highest salary paid a member during any five consecutive or nonconsecutive years.
If a member has less than five years of contributing service, the member's final average salary shall be the average of the annual rates of salary paid to the member during the member's total years of contributing service.
(2) If a member is credited with service under division (C)(6) of this section or division (D) of section 5505.16 of the Revised Code, the member's final average salary shall be the average of the highest salary that was paid to the member or would have been paid to the member, had the member been rendering contributing service, during any five consecutive or nonconsecutive years. If that member has less than five years of total service, the member's final average salary shall be the average of the annual rates of salary that were paid to the member or would have been paid to the member during the member's years of total service.
(M) "Pension" means an annual amount payable by the retirement system throughout the life of a person or as otherwise provided in the plan.
(N) "Pension reserve" means the present value of any pension, or benefit in lieu of any pension, computed upon the basis of mortality and other tables of experience and interest the board shall from time to time adopt.
(O) "Deferred pension" means a pension for which an eligible member of the system has made application and which is payable as provided in division (A) or (B) of section 5505.16 of the Revised Code.
(P) "Retirement" means retirement as provided in sections 5505.16 and 5505.18 of the Revised Code.
(Q) "Fiduciary" means any of the following:
(1) A person who exercises any discretionary authority or control with respect to the management of the system, or with respect to the management or disposition of its assets;
(2) A person who renders investment advice for a fee, direct or indirect, with respect to money or property of the system;
(3) A person who has any discretionary authority or responsibility in the administration of the system.
(R)(1) Except as otherwise provided in this division, "salary" means all compensation, wages, and other earnings paid to a member by reason of employment but without regard to whether any of the compensation, wages, or other earnings are treated as deferred income for federal income tax purposes. Salary includes all of the following:
(a) Payments for shift differential, hazard duty, professional achievement, and longevity;
(b) Payments for occupational injury leave, personal leave, sick leave, bereavement leave, administrative leave, and vacation leave used by the member;
(c) Payments made under a disability leave program sponsored by the state for which the state is required by section 5505.151 of the Revised Code to make periodic employer and employee contributions to the retirement system.
(2) "Salary" does not include any of the following:
(a) Payments resulting from the conversion of accrued but unused sick leave, personal leave, compensatory time, and vacation leave;
(b) Payments made by the state to provide life insurance, sickness, accident, endowment, health, medical, hospital, dental, or surgical coverage, or other insurance for the member or the member's family, or amounts paid by the state to the member in lieu of providing that insurance;
(c) Payments for overtime work;
(d) Incidental benefits, including lodging, food, laundry, parking, or services furnished by the state, use of property or equipment of the state, and reimbursement for job-related expenses authorized by the state including moving and travel expenses and expenses related to professional development;
(e) Payments made to or on behalf of a member that are in excess of the annual compensation that may be taken into account by the retirement system under division (a)(17) of section 401 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 401 (a)(17), as amended;
(f) Payments made under division (B), (C), or (E) of section 5923.05 of the Revised Code, Section 4 of Substitute Senate Bill No. 3 of the 119th general assembly, Section 3 of Amended Substitute Senate Bill No. 164 of the 124th general assembly, or Amended Substitute House Bill No. 405 of the 124th general assembly.
(3) The retirement board shall determine by rule whether any compensation, wages, or earnings not enumerated in this division are salary, and its decision shall be final.
(S) "Actuary" means an individual who satisfies all of the following requirements:
(1) Is a member of the American academy of actuaries;
(2) Is an associate or fellow of the society of actuaries;
(3) Has a minimum of five years' experience in providing actuarial services to public retirement plans.
Structure Ohio Revised Code
Title 55 | Roads-Highways-Bridges
Chapter 5505 | Highway Patrol Retirement System
Section 5505.01 | Highway Patrol Retirement System Definitions.
Section 5505.02 | State Highway Patrol Pension Fund Established - Membership Mandatory.
Section 5505.03 | Creation of Funds.
Section 5505.04 | State Highway Patrol Retirement Board Organization and Rules.
Section 5505.041 | Election to Board - Retirant Member Eligibility - Terms.
Section 5505.042 | Filing of Vacancies by Election.
Section 5505.043 | Election Not Required Where Candidate Unopposed.
Section 5505.045 | Filing of Statements - Prohibited Campaign Activities.
Section 5505.046 | Complaint Alleging Violation of Rc 5505.045 - Procedure - Fine.
Section 5505.048 | Disqualification of Convicted Member - Misconduct in Office - Removal Procedure.
Section 5505.049 | Members With Excessive Travel Expenses Ineligible for Another Term.
Section 5505.05 | Oath - Expenses - Liability Insurance.
Section 5505.06 | Investment and Fiduciary Duties of State Highway Patrol Retirement Board.
Section 5505.061 | Transactions Prohibited.
Section 5505.062 | Travel Expense Policies - Bonus Policy - Budget.
Section 5505.063 | Ethics Policy - Commission Approval - Ethics Training.
Section 5505.064 | Orientation Program Required for New Members - Continuing Education.
Section 5505.069 | Annual Disclosures to Ohio Ethics Commission.
Section 5505.0610 | Designation of Ohio-Qualified Investment Managers - Utilization - Annual Report.
Section 5505.07 | Secretary, Actuary, and Employees - Compensation and Expenses.
Section 5505.08 | No Participation by Trustees.
Section 5505.09 | Bonds of Taxing Districts May Be Offered to Board.
Section 5505.10 | Deposit and Security.
Section 5505.11 | Treasurer of State Is Treasurer of State Highway Patrol Retirement System.
Section 5505.111 | Selection of Internal Auditor.
Section 5505.122 | Format for Report to Retirement Study Council.
Section 5505.14 | Certificate of Prior Service.
Section 5505.15 | Employer Contribution.
Section 5505.151 | Contributions for Time Off While on Disability Leave.
Section 5505.152 | Annual Review of Adequacy of Contributions Rates.
Section 5505.16 | Application for Retirement.
Section 5505.161 | Retirant Re-Employed in Other State Retirement System.
Section 5505.162 | Election of Type of Pension.
Section 5505.163 | Election by Retirant Prior to 9-21-94.
Section 5505.17 | Pension and Benefits Upon Retirement.
Section 5505.171 | Additional Monthly Payments and Benefits.
Section 5505.172 | Additional Monthly Payments Eligibility on or After 7-1-68 and Prior to 7-1-71.
Section 5505.173 | Increase in Monthly Pension, Allowance or Benefit Effective 7-1-81.
Section 5505.174 | Eligibility for Cost-of-Living Increase.
Section 5505.175 | Increase in Benefit or Allowance When Irc 415 Limits Increased.
Section 5505.176 | Increase in Pension for Certain Retirees Prior to 9-16-98.
Section 5505.177 | Qualified Governmental Excess Benefit Arrangement Maintained and Established.
Section 5505.178 | Pensions Paid in Equal Monthly Installments.
Section 5505.18 | Disability Retirement.
Section 5505.181 | Annual Report Disability Retirement Experience of Each Employer.
Section 5505.19 | Cessation of Membership - Disposition of Accumulations.
Section 5505.20 | Restoration of Membership.
Section 5505.201 | Full Credit for Time Served as Police Officer or Firefighter.
Section 5505.203 | Payroll Deduction Plan for Payments for Service Credits.
Section 5505.21 | Distribution of Accumulated Contributions When No Pension Payable.
Section 5505.22 | Pension and Accumulated Contributions Exempt From Tax.
Section 5505.23 | Legal Adviser.
Section 5505.25 | Purchase Service Credit for Military Service.
Section 5505.26 | Restitution Order Based on Theft in Office or Certain Sex Offenses.
Section 5505.261 | Order for Division of Marital Property.
Section 5505.262 | Forfeiture of Retirement Benefits Under Rc 2929.192.
Section 5505.263 | Benefits Subject to Termination.
Section 5505.27 | Payments From State Treasury.
Section 5505.28 | Health Insurance.
Section 5505.281 | Additional Deposits to Fund Medical Expenses.
Section 5505.29 | Refunding Cost of Restored Service Credit.
Section 5505.30 | Lump Sum Death Benefit Payment.
Section 5505.33 | Long-Term Care Insurance Programs.
Section 5505.34 | Recovering Erroneous Payments.
Section 5505.35 | Authorized Deductions.
Section 5505.402 | Eligibility for Credit for Service in Cincinnati Retirement System.
Section 5505.403 | Transferring Contributions to Cincinnati Retirement System.
Section 5505.41 | Transferring Contributions on Deposit From Non-Uniform Retirement System.
Section 5505.50 | Deferred Retirement Option Plan.
Section 5505.51 | Participation in Deferred Retirement Plan - Election Procedure.
Section 5505.52 | Plan Members Ineligible for Service Credit or Health Benefits.
Section 5505.53 | Determination of Plan Member's Pension Amount.
Section 5505.54 | Accrual of Plan Member's Pension and Contributions.
Section 5505.55 | Events Terminating Member's Participation in Plan.
Section 5505.56 | Notice of Termination of Active Service - Distribution of Accrued Amount.
Section 5505.57 | Method and Timing of Distribution of Accrued Amount.
Section 5505.58 | Plan Member Qualifying for Disability Retirement.
Section 5505.59 | Plan Member Dying While Participant - Distribution of Benefits.