Ohio Revised Code
Chapter 5505 | Highway Patrol Retirement System
Section 5505.174 | Eligibility for Cost-of-Living Increase.

Effective: May 11, 2018
Latest Legislation: House Bill 362 - 132nd General Assembly
(A) Eligibility for an increase under this section shall be determined as follows:
(1) For a person whose pension effective date is prior to January 7, 2013, an "eligible person" is one of the following:
(a) A person fifty-three years old or older who has been receiving a pension pursuant to division (B) of section 5505.16, division (A)(1) of section 5505.17, or division (B) of section 5505.18 of the Revised Code for not less than twelve months;
(b) A person who has been receiving a pension pursuant to division (B) of section 5505.18 of the Revised Code for not less than sixty months regardless of age;
(c) A person who has been receiving a pension pursuant to section 5505.162 or division (A)(3), (4), (5), or (6) of section 5505.17 of the Revised Code for not less than twelve months regardless of age.
(2) For a person whose pension effective date is on or after January 7, 2013, but before the effective date of this amendment, an "eligible person" is a person who is sixty years old or older who has been receiving a pension pursuant to division (B) of section 5505.16, section 5505.162, division (A)(1), (3), (4), (5), or (6) of section 5505.17, or division (B) of section 5505.18 of the Revised Code for not less than twelve months.
(3) For a person whose pension effective date is on or after the effective date of this amendment, an "eligible person" is a person who is sixty years old or older who has been receiving a pension pursuant to division (B) of section 5505.16, section 5505.162, division (A)(1), (3)(a), (b), or (d), (4), (5), or (6) of section 5505.17, or division (B) of section 5505.18 of the Revised Code for not less than twelve months.
(B)(1) Except as otherwise provided in this section, the state highway patrol retirement board shall annually increase pensions payable to eligible persons under this chapter in accordance with the following:
(a) For each person sixty-five years of age or older who is receiving a pension not greater than one hundred eighty-five per cent of the federal poverty level for a family of two persons, as revised annually by the United States department of health and human services in accordance with section 673(2) of the "Omnibus Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, the board shall increase the pension by three per cent.
(b) For persons other than those described in division (B)(1)(a) of this section, the board may increase the pension. Any increase shall be determined by the board based on compliance with the amortization period requirement of section 5505.121 of the Revised Code. The board's determination shall be based on the annual actuarial valuation required by section 5505.12 of the Revised Code. If the board determines that an increase may be made, the increase shall not exceed three per cent of the eligible person's pension.
(2) No increase under this section shall exceed the limit established by section 415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 415, as amended.
(3) The date of the first increase paid under this section shall be the anniversary date for future increases. The pension used in the first calculation of an increase under this section shall remain as the base for all future increases paid under this section, unless a new base is established.
(C) If payment of a portion of a benefit is made to an alternate payee under section 5505.261 of the Revised Code, increases under this section granted while the order is in effect shall be apportioned between the alternate payee and the eligible person in the same proportion that the amount being paid to the alternate payee bears to the amount paid to the eligible person.
If payment of a portion of a benefit is made to one or more beneficiaries under "option 4" under division (A)(4) of section 5505.162 of the Revised Code, each increase under this section granted while the plan of payment is in effect shall be divided among the designated beneficiaries in accordance with the portion each beneficiary has been allocated.
(D) The board shall adopt, and may amend or rescind, any rule necessary to carry out this section.

Structure Ohio Revised Code

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 5505.044 | Candidate Campaign Finance Statements - Donor Statement of Independent Expenditures.

Section 5505.045 | Filing of Statements - Prohibited Campaign Activities.

Section 5505.046 | Complaint Alleging Violation of Rc 5505.045 - Procedure - Fine.

Section 5505.047 | Adoption of Election Rules - Certification of Nominating Petitions and Election Results.

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 5505.065 | Chief Investment Officer - Supervision Duties - Monitoring of Securities Transactions.

Section 5505.068 | Designation of Ohio-Qualified Agents - Selection Policy - Utilization - Annual Report.

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 5505.112 | Actions Against Highway Patrol Retirement System, the Board, Its Officers, Employees, or Board Members; Venue.

Section 5505.12 | Actuarial Valuation of Pension Assets, Liabilities, and Funding Requirements of State Highway Patrol Retirement System.

Section 5505.121 | Amortizing State Highway Patrol Retirement System's Unfunded Actuarial Accrued Pension Liabilities.

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 5505.40 | Full Credit for Service Credit Earned for Full-Time Service as Member of Non-Uniform System.

Section 5505.401 | Transfers of Service Credit and Contributions Between System and Cincinnati Retirement System.

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.

Section 5505.99 | Penalty.