Ohio § 4121.12

§ 4121.12.

(A) There is hereby created the bureau of workers' compensation board of directors consisting

of eleven members to be appointed by the governor with the advice and consent of the

senate.  One member shall be an individual who, on account of the individual's previous vocation,

employment, or affiliations, can be classed as a representative of employees;  two

members shall be individuals who, on account of their previous vocation, employment,

or affiliations, can be classed as representatives of employee organizations and at

least one of these two individuals shall be a member of the executive committee of

the largest statewide labor federation;  three members shall be individuals who, on

account of their previous vocation, employment, or affiliations, can be classed as

representatives of employers, one of whom represents self-insuring employers, one

of whom is a state fund employer who employs one hundred or more employees, and one

of whom is a state fund employer who employs less than one hundred employees;  two

members shall be individuals who, on account of their vocation, employment, or affiliations,

can be classed as investment and securities experts who have direct experience in

the management, analysis, supervision, or investment of assets and are residents of

this state;  one member who shall be a certified public accountant;  one member who

shall be an actuary who is a member in good standing with the American academy of

actuaries or who is an associate or fellow with the casualty actuarial society;  and

one member shall represent the public and also be an individual who, on account of

the individual's previous vocation, employment, or affiliations, cannot be classed

as either predominantly representative of employees or of employers.  The governor shall select the chairperson of the board who shall serve as chairperson

at the pleasure of the governor. None of the members of the board, within one year immediately preceding the member's

appointment, shall have been employed by the bureau of workers' compensation or by

any person, partnership, or corporation that has provided to the bureau services of

a financial or investment nature, including the management, analysis, supervision,

or investment of assets. (B) Of the initial appointments made to the board, the governor shall appoint the member

who represents employees, one member who represents employers, and the member who

represents the public to a term ending one year after June 11, 2007;  one member who

represents employers, one member who represents employee organizations, one member

who is an investment and securities expert, and the member who is a certified public

accountant to a term ending two years after June 11, 2007;  and one member who represents

employers, one member who represents employee organizations, one member who is an

investment and securities expert, and the member who is an actuary to a term ending

three years after June 11, 2007.  Thereafter, terms of office shall be for three years, with each term ending on the

same day of the same month as did the term that it succeeds.  Each member shall hold office from the date of the member's appointment until the

end of the term for which the member was appointed. Members may be reappointed.  Any member appointed to fill a vacancy occurring prior to the expiration date of

the term for which the member's predecessor was appointed shall hold office as a member

for the remainder of that term.  A member shall continue in office subsequent to the expiration date of the member's

term until a successor takes office or until a period of sixty days has elapsed, whichever

occurs first. (C) In making appointments to the board, the governor shall select the members from the

list of names submitted by the workers' compensation board of directors nominating

committee pursuant to this division.  The nominating committee shall submit to the governor a list containing four separate

names for each of the members on the board.  Within fourteen days after the submission of the list, the governor shall appoint

individuals from the list. At least thirty days prior to a vacancy occurring as a result of the expiration of

a term and within thirty days after other vacancies occurring on the board, the nominating

committee shall submit an initial list containing four names for each vacancy.  Within fourteen days after the submission of the initial list, the governor either

shall appoint individuals from that list or request the nominating committee to submit

another list of four names for each member the governor has not appointed from the

initial list, which list the nominating committee shall submit to the governor within

fourteen days after the governor's request.  The governor then shall appoint, within seven days after the submission of the second

list, one of the individuals from either list to fill the vacancy for which the governor

has not made an appointment from the initial list.  If the governor appoints an individual to fill a vacancy occurring as a result of

the expiration of a term, the individual appointed shall begin serving as a member

of the board when the term for which the individual's predecessor was appointed expires

or immediately upon appointment by the governor, whichever occurs later.  With respect to the filling of vacancies, the nominating committee shall provide

the governor with a list of four individuals who are, in the judgment of the nominating

committee, the most fully qualified to accede to membership on the board. In order for the name of an individual to be submitted to the governor under this

division, the nominating committee shall approve the individual by an affirmative

vote of a majority of its members. (D) All members of the board shall receive their reasonable and necessary expenses pursuant

to section 126.31 of the Revised Code while engaged in the performance of their duties as members and also shall receive

an annual salary not to exceed sixty thousand dollars in total, payable on the following

basis: (1) Except as provided in division (D)(2) of this section, a member shall receive two

thousand five hundred dollars during a month in which the member attends one or more

meetings of the board and shall receive no payment during a month in which the member

attends no meeting of the board. (2) A member may receive no more than thirty thousand dollars per year to compensate

the member for attending meetings of the board, regardless of the number of meetings

held by the board during a year or the number of meetings in excess of twelve within

a year that the member attends. (3) Except as provided in division (D)(4) of this section, if a member serves on the

workers' compensation audit committee, workers' compensation actuarial committee,

or the workers' compensation investment committee, the member shall receive two thousand

five hundred dollars during a month in which the member attends one or more meetings

of the committee on which the member serves and shall receive no payment during any

month in which the member attends no meeting of that committee. (4) A member may receive no more than thirty thousand dollars per year to compensate

the member for attending meetings of any of the committees specified in division (D)(3)

of this section, regardless of the number of meetings held by a committee during a

year or the number of committees on which a member serves. The chairperson of the board shall set the meeting dates of the board as necessary

to perform the duties of the board under this chapter and Chapters 4123., 4125., 4127.,

4131., 4133., and 4167. of the Revised Code.  The board shall meet at least twelve times a year.  The administrator of workers' compensation shall provide professional and clerical

assistance to the board, as the board considers appropriate. (E) Before entering upon the duties of office, each appointed member of the board shall

take an oath of office as required by sections 3.22 and 3.23 of the Revised Code and file in the office of the secretary of state the bond required under section 4121.127 of the Revised Code . (F) The board shall: (1) Establish the overall administrative policy for the bureau for the purposes of this

chapter and Chapters 4123., 4125., 4127., 4131., 4133., and 4167. of the Revised Code; (2) Review progress of the bureau in meeting its cost and quality objectives and in complying

with this chapter and Chapters 4123., 4125., 4127., 4131., 4133., and 4167. of the

Revised Code; (3) Submit an annual report to the president of the senate, the speaker of the house

of representatives, and the governor and include all of the following in that report: (a) An evaluation of the cost and quality objectives of the bureau; (b) A statement of the net assets available for the provision of compensation and benefits

under this chapter and Chapters 4123., 4127., and 4131. of the Revised Code as of

the last day of the fiscal year; (c) A statement of any changes that occurred in the net assets available, including employer

premiums and net investment income, for the provision of compensation and benefits

and payment of administrative expenses, between the first and last day of the fiscal

year immediately preceding the date of the report; (d) The following information for each of the six consecutive fiscal years occurring

previous to the report: (i) A schedule of the net assets available for compensation and benefits; (ii) The annual cost of the payment of compensation and benefits; (iii) Annual administrative expenses incurred; (iv) Annual employer premiums allocated for the provision of compensation and benefits. (e) A description of any significant changes that occurred during the six years for which

the board provided the information required under division (F)(3)(d) of this section

that affect the ability of the board to compare that information from year to year. (4) Review all independent financial audits of the bureau.  The administrator shall provide access to records of the bureau to facilitate the

review required under this division. (5) Study issues as requested by the administrator or the governor; (6) Contract with all of the following: (a) An independent actuarial firm to assist the board in making recommendations to the

administrator regarding premium rates; (b) An outside investment counsel to assist the workers' compensation investment committee

in fulfilling its duties; (c) An independent fiduciary counsel to assist the board in the performance of its duties. (7) Approve the investment policy developed by the workers' compensation investment committee

pursuant to section 4121.129 of the Revised Code if the policy satisfies the requirements specified in section 4123.442 of the Revised Code ; (8) Review and publish the investment policy no less than annually and make copies available

to interested parties; (9) Prohibit, on a prospective basis, any specific investment it finds to be contrary

to the investment policy approved by the board; (10) Vote to open each investment class and allow the administrator to invest in an investment

class only if the board, by a majority vote, opens that class; (11) After opening a class but prior to the administrator investing in that class, adopt

rules establishing due diligence standards for employees of the bureau to follow when

investing in that class and establish policies and procedures to review and monitor

the performance and value of each investment class; (12) Submit a report annually on the performance and value of each investment class to

the governor, the president and minority leader of the senate, and the speaker and

minority leader of the house of representatives; (13) Advise and consent on all of the following: (a) Administrative rules the administrator submits to it pursuant to division (B)(5) of section 4121.121 of the Revised Code for the classification of occupations or industries, for premium rates and contributions,

for the amount to be credited to the surplus fund, for rules and systems of rating,

rate revisions, and merit rating; (b) The duties and authority conferred upon the administrator pursuant to section 4121.37 of the Revised Code ; (c) Rules the administrator adopts for the health partnership program and the qualified

health plan system, as provided in sections 4121.44 , 4121.441 , and 4121.442 of the Revised Code ; (d) Rules the administrator submits to it pursuant to Chapter 4167. of the Revised Code

regarding the public employment risk reduction program. (14) Perform all duties required under this chapter and Chapters 4123., 4125., 4127.,

4131., 4133., and 4167. of the Revised Code; (15) Develop and participate in a bureau of workers' compensation board of directors education

program that consists of all of the following: (a) An orientation component for newly appointed members; (b) A continuing education component for board members who have served for at least one

year; (c) A curriculum that includes education about each of the following topics: (i) Board member duties and responsibilities; (ii) Compensation and benefits paid pursuant to this chapter and Chapters 4123., 4127.,

and 4131. of the Revised Code; (iii) Ethics; (iv) Governance processes and procedures; (v) Actuarial soundness; (vi) Investments; (vii) Any other subject matter the board believes is reasonably related to the duties of

a board member. (16) Hold all sessions, classes, and other events for the program developed pursuant to

division (F)(15) of this section in this state. (G) The board may do both of the following: (1) Vote to close any investment class; (2) Create any committees in addition to the workers' compensation audit committee, the

workers' compensation actuarial committee, and the workers' compensation investment

committee that the board determines are necessary to assist the board in performing

its duties. (H) The office of a member of the board who is convicted of or pleads guilty to a felony,

a theft offense as defined in section 2913.01 of the Revised Code , or a violation of section 102.02 , 102.03 , 102.04 , 2921.02 , 2921.11 , 2921.13 , 2921.31 , 2921.41 , 2921.42 , 2921.43 , or 2921.44 of the Revised Code shall be deemed vacant.  The vacancy shall be filled in the same manner as the original appointment.  A person who has pleaded guilty to or been convicted of an offense of that nature

is ineligible to be a member of the board.  A member who receives a bill of indictment for any of the offenses specified in

this section shall be automatically suspended from the board pending resolution of

the criminal matter. (I) Notwithstanding any provision to the contrary in section 3.17 of the Revised Code , a board member who fails to attend nine or more board meetings, including regular

and special meetings, during any consecutive twelve-month period forfeits the member's

position on the board.  The resulting vacancy shall be filled in the same manner as the original appointment.