Ohio Revised Code
Chapter 5505 | Highway Patrol Retirement System
Section 5505.18 | Disability Retirement.

Effective: May 11, 2018
Latest Legislation: House Bill 362 - 132nd General Assembly
As used in this section, "member" does not include state highway patrol cadets attending training schools pursuant to section 5503.05 of the Revised Code.
(A) Upon the application of a member of the state highway patrol retirement system, a person acting on behalf of a member, or the superintendent of the state highway patrol on behalf of a member, a member who becomes totally and permanently incapacitated for duty in the employ of the state highway patrol may be retired on disability by the board. To be eligible for retirement on account of disability incurred not in the line of duty, a member must have five or more years of service credit according to rules adopted by the board.
The medical or psychological examination of a member who has applied for disability retirement shall be conducted by a competent health-care professional or professionals appointed by the board. The health-care professional or professionals shall file a written report with the board containing the following information:
(1) Whether the member is totally incapacitated for duty in the employ of the patrol;
(2) Whether the incapacity is expected to be permanent;
(3) The cause of the member's incapacity.
The board shall determine whether the member qualifies for disability retirement and its decision shall be final. The board shall consider the written medical or psychological report, opinions, statements, and other competent evidence in making its determination. If the incapacity is a result of heart disease or any cardiovascular disease of a chronic nature, which disease or any evidence of which was not revealed by the physical examination passed by the member on entry into the patrol, the member is presumed to have incurred the disease in the line of duty as a member of the patrol, unless the contrary is shown by competent evidence.
(B)(1) Except as provided under division (A) of section 5505.58 of the Revised Code, a member whose retirement on account of disability incurred in the line of duty shall receive the applicable pension provided for in section 5505.17 of the Revised Code, except that if the member has less than twenty-five years of contributing service, the member's service credit shall be deemed to be twenty-five years for the purpose of this provision. In no case shall the member's disability pension be less than sixty-one and one-quarter per cent or exceed the lesser of seventy-nine and one-quarter per cent of the member's final average salary or the limit established by section 415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended.
(2) Except as provided under division (B) of section 5505.58 of the Revised Code, a member whose retirement on account of disability incurred not in the line of duty shall receive the applicable pension provided for in section 5505.17 of the Revised Code, except that if the board's determination that the member qualifies for disability retirement was made before the effective date of this amendment and the member has less than twenty years of contributing service, the member's service credit shall be deemed to be twenty years for the purpose of this provision. If the board's determination that the member qualifies for disability retirement is made on or after the effective date of this amendment and the member has less than twelve years of contributing service, the member's service credit shall be deemed to be twelve years for the purpose of this provision.
In no case shall the member's disability pension under this division exceed the lesser of seventy-nine and one-quarter per cent of the member's final average salary or the limit established by section 415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended.
(C) The state highway patrol retirement board shall adopt rules requiring a disability retirant, as a condition of continuing to receive a disability pension, to agree in writing to obtain any medical or psychological treatment recommended by the board's health-care professional and submit medical or psychological reports regarding the treatment. If the board determines that a disability retirant is not obtaining the medical or psychological treatment or the board does not receive a required medical or psychological report, the disability pension shall be suspended until the treatment is obtained, the report is received by the board, or the board's health-care professional certifies that the treatment is no longer helpful or advisable. Should the retirant's failure to obtain treatment or submit a medical or psychological report continue for one year, the recipient's right to the disability pension shall be terminated as of the effective date of the original suspension.
(D) A disability retirant who has not attained the age of sixty years shall be subject to an annual medical or psychological re-examination by health-care professionals appointed by the board, except that the board may waive the re-examination if the board's health-care professionals certify that the retirant's disability is ongoing. If any retirant refuses to submit to a medical or psychological re-examination, the retirant's disability pension shall be suspended until the retirant withdraws the refusal. If the refusal continues for one year, all the retirant's rights under and to the disability pension shall be terminated as of the effective date of the original suspension.
(E) Each disability retirant who has not attained the age of sixty years shall file with the board an annual statement of earnings, current medical or psychological information on the recipient's condition, and any other information required in rules adopted by the board. The board may waive the requirement that a disability retirant file an annual statement of earnings or current medical or psychological information if the board's health-care professional certifies that the retirant's disability is ongoing.
The board shall annually examine the information submitted by the retirant. If a retirant refuses to file the statement or information, the disability pension shall be suspended until the statement and information are filed. If the refusal continues for one year, the right to the pension shall be terminated as of the effective date of the original suspension.
(F)(1) Except as provided in division (F)(2) of this section, a disability retirant who has been physically or psychologically examined and found no longer incapable of performing the retirant's duties, or who becomes employed as a law enforcement officer, shall have the right to be restored to the rank the retirant held at the time the retirant was pensioned and the right to have all previous rights restored, including the retirant's civil service status, and the disability pension shall terminate. Upon return to employment in the patrol, the retirant shall again become a contributing member of the retirement system, the total service at the time of the retirant's retirement shall be restored to the retirant's credit, and the retirant shall be given service credit for the period the retirant was in receipt of a disability pension.
(2) The state highway patrol is not required to take action under division (F)(1) of this section if the retirant was dismissed or resigned in lieu of dismissal for dishonesty, misfeasance, malfeasance, or conviction of a felony.
(G) The board shall adopt a rule to define "law enforcement officer" for purposes of division (F)(1) of this section, and may adopt other rules to carry out this section, including rules that specify the types of health-care professionals the board may appoint for the purpose of 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.