Effective: September 29, 2017
Latest Legislation: House Bill 362, House Bill 49 - 132nd General Assembly
(A) As used in this division, "member" has the same meaning as in section 5505.01 of the Revised Code, except that it also includes a former member who has earned service credit and has not received a refund of accumulated contributions under section 5505.19 of the Revised Code.
On application for retirement as provided in section 5505.16 of the Revised Code, a member of the state highway patrol retirement system may elect, on a form provided by the state highway patrol retirement board, to receive the pension that the member is eligible to receive on retirement under that section in one of the following forms:
(1) A single lifetime pension;
(2) The actuarial equivalent of the single lifetime pension that the member may elect under division (A)(1) of this section in a lesser annual amount payable for the member's life and continuing after the member's death to a surviving designated beneficiary under one of the following optional plans, provided the annual amount payable to the designated beneficiary shall not exceed the annual amount payable to such retiring member, the amount is certified by the actuary employed by the system to be the actuarial equivalent of the member's pension, and the amount is approved by the board:
(a) Option 1. The member's lesser pension shall be paid for life to the member's sole beneficiary designated at the time of retirement.
(b) Option 2. One-half or some other portion of the member's lesser pension shall be paid for life to the member's sole beneficiary designated at the time of retirement.
(c) Option 3. Upon death before the expiration of a certain period from the member's retirement date as elected by the member and approved by the board, the member's lesser pension shall be continued for the remainder of such period to the beneficiaries, and in such order, as designated by the member in writing and filed with the board. No monthly payments shall be paid to joint beneficiaries, but they may jointly receive the present value of any remaining payments in a lump sum settlement. If all designated beneficiaries die before the expiration of such period, the present value of all the payments yet remaining in the period shall be paid to the estate of the beneficiary last receiving such payments.
(d) Option 4. The member's lesser pension or portion of the lesser pension shall be paid for life to two, three, or four surviving beneficiaries designated at the time of the member's retirement, in such portions as specified at retirement. If the member elects this plan as required by 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 and compliance with the court order requires the allocation of a portion less than ten per cent to any person, the member shall allocate a portion less than ten per cent to that person in accordance with that order. In all other circumstances, no portion allocated under this plan of payment shall be less than ten per cent. The total of the portions allocated shall not exceed one hundred per cent of the member's lesser pension.
(3) If the member has attained age fifty-two with at least twenty years' total service, a pension consisting of both a partial benefit lump sum in an amount the member designates that constitutes a portion of the single lifetime pension the member may elect under division (A)(1) of this section and the actuarial equivalent of the remainder of the single lifetime pension payable for the member's life, provided an actuary employed by the system certifies the actuarial equivalent and the board approves the partial benefit lump sum payment and the amount to be paid as the actuarial equivalent.
The amount designated by a member shall be not less than six times the monthly amount that would be payable to the member as a single lifetime pension under division (A)(1) of this section and not more than sixty times that amount.
A member who has attained the age of fifty-two with twenty years of service who elects a partial benefit lump sum may designate an amount that does not exceed an amount equal to one month's pension for each month of service beyond twenty years.
(4) If a plan of payment providing for payment in a specified portion of the pension continuing after the member's death to a former spouse is required by a court order issued under section 3105.171 or 3105.65 of the Revised Code or the laws of another state regarding division of marital property prior to the effective date of the member's retirement and the board has received a copy of the order, the board shall accept the member's election of a plan of payment under this section only if the member elects a plan of payment that is in accordance with the order.
(B)(1) The death of a spouse designated as beneficiary or the death of any other designated beneficiary following retirement shall cancel the portion of the optional plan of payment selected under division (A)(2) of this section providing continuing lifetime benefits to the deceased designated beneficiary. The retirant shall receive the actuarial equivalent of the retirant's single lifetime pension, as determined by the board based on the number of remaining beneficiaries, with no change in the amount payable to any remaining beneficiary. The change shall be effective the month following receipt by the board of notice of the death.
(2) On divorce, annulment, or marriage dissolution, a retirant receiving a pension under a plan that provides for continuation of all or part of the pension after death for the lifetime of the retirant's surviving spouse may, with the written consent of the spouse or pursuant to an order of the court with jurisdiction over the termination of the marriage, elect to cancel the portion of the plan providing continuing lifetime benefits to that spouse. The retirant shall receive the actuarial equivalent of the retirant's single lifetime pension as determined by the board based on the number of remaining beneficiaries, with no change in amount payable to any remaining beneficiary. The election shall be made on a form provided by the board and shall be effective the month following its receipt by the board.
(C)(1) Following marriage or remarriage of a retirant, both of the following apply:
(a) A retirant may elect a new optional plan of payment under division (A)(2) of this section based on the actuarial equivalent of the retirant's single lifetime pension as determined by the board.
(b) A retirant who is receiving a pension pursuant to a plan of payment providing for payment to a former spouse pursuant to a court order described in division (A)(4) of this section may elect a new plan of payment under "option 4" based on the actuarial equivalent of the retirant's single lifetime pension as determined by the board if the new plan of payment elected does not reduce the payment to the former spouse.
(2) If the marriage or remarriage occurs on or after June 6, 2005, the election must be made not later than one year after the date of the marriage or remarriage.
The plan elected under this section shall become effective on the date of receipt by the board of an application on a form approved by the board, but any change in the amount of the pension shall commence on the first day of the month following the effective date of the plan.
(D) A retirant who has elected an optional plan under division (A)(2) of this section may, with the written consent of the designated beneficiary, cancel the optional plan and receive the single lifetime pension that the retirant would have received had the retirant elected the single lifetime pension under division (A)(1) of this section, if the retirant makes a request to cancel the optional plan not later than one year after the date on which the retirant first receives a payment under the plan. Cancellation of the optional plan shall be effective the month after acceptance of the request by the board. No payment or adjustment shall be made in the single lifetime pension to compensate for the lesser pension the retirant received under the optional plan.
The request to cancel the optional plan shall be made on a form provided by the board and shall be valid only if the completed form includes a signed statement of the designated beneficiary's understanding of and consent to the cancellation. The designated beneficiary's signature shall be verified by the board prior to its acceptance of the cancellation.
(E) Any option elected and payments made under division (A)(2) of this section shall be in addition to any pension payable to the retirant's surviving spouse, children, or parents under section 5505.17 of the Revised Code.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
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.