Ohio § 742.3711

§ 742.3711.

(A) On application for retirement as provided in section 742.37 or 742.39 of the Revised Code , a member of the fund may elect to receive a retirement allowance payable throughout

the member's life, or may elect, on the application for retirement, to receive the

actuarial equivalent of the member's retirement allowance in a lesser amount payable

for life and continuing after death to a surviving designated beneficiary under one

of the following optional plans, provided the amount payable to the beneficiary shall

not exceed the amount payable to the retiring member of the fund, and is certified

by the actuary engaged by the board of trustees of the Ohio police and fire pension

fund to be the actuarial equivalent of the member's retirement allowance and is approved

by the board. (1) Option 1.  The member's lesser retirement allowance shall be paid for life to the sole beneficiary

designated at the time of the member's retirement. (2) Option 2.  One-half or some other portion of the member's lesser retirement allowance shall

be paid for life to the sole beneficiary designated at the time of the member's retirement. (3) Option 3.  Upon the member's death before the expiration of a certain period from the retirement

date and elected by the member and approved by the retirement board, the member's

lesser retirement allowance shall be continued for the remainder of that period to

the beneficiary the member has designated in writing filed with the retirement board. Should the member's designated beneficiary die prior to the expiration of the guarantee

period, then for the purpose of completing payment for the remainder of the guarantee

period, the present value of such payments shall be paid to the estate of the beneficiary

last receiving. (4) Option 4.  The member's lesser retirement allowance or a portion of the lesser retirement allowance

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 beneficiary, the member shall allocate a portion less than ten per cent to that

beneficiary 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 allowance. (B)(1) The death of a spouse designated as beneficiary or the death of any other designated

beneficiary following a member's retirement or election under section 742.44 of the Revised Code to participate in the deferred retirement option plan shall cancel the portion of

the optional plan of payment providing continuing lifetime benefits to the deceased

designated beneficiary.  The member of the fund shall receive the actuarial equivalent of the member's single

lifetime benefit, 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 member receiving a retirement allowance

under a plan that provides for continuation of all or part of the allowance after

death for the lifetime of the member'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 member shall receive the actuarial equivalent of the member's single lifetime

benefit 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, both of the following apply: (a) A member of the fund receiving a retirement allowance under section 742.37 or 742.39 of the Revised Code may elect not later than one year after the date of marriage or remarriage a new

optional plan of payment based on the actuarial equivalent of the member's single

lifetime benefit as determined by the board. (b) If a member is receiving a retirement allowance pursuant to a plan of payment providing

for payment to a former spouse pursuant to a court order described in division (D)(1)(c)

of this section and the board has received a copy of the order described in that division,

the member may elect a new plan of payment under “option 4” based on the actuarial

equivalent of the retirant's single lifetime retirement allowance as determined by

the board if the new plan of payment elected does not reduce the payment to the former

spouse. (2) A plan elected under this division and the member's lesser retirement allowance shall

become effective on the date of receipt by the board of an application on a form approved

by the board. (D)(1) Unless one of the following occurs, an application for retirement by a married person

shall be considered an election of a benefit under option 2 as provided for in division

(A)(2) of this section under which one-half of the lesser retirement allowance payable

during the life of the retirant will be paid after death to the retirant's spouse

for life as sole beneficiary: (a) The retirant selects an optional plan under division (A) of this section providing

for payment after death to the retirant's spouse for life as sole beneficiary of more

than one-half of the lesser retirement allowance payable during the life of the retirant; (b) The retirant submits to the board a written statement signed by the spouse attesting

that the spouse consents to the retirant's election to receive a single lifetime retirement

allowance or a payment under an optional benefit plan under which after the death

of the retirant the surviving spouse will receive less than one-half of the lesser

retirement allowance payable during the life of the retirant; (c) A plan of payment providing for payment in a specified amount continuing after the

retirant's death to a former spouse is required by a court order issued prior to the

effective date of the retirant's retirement under section 3105.171 or 3105.65 of the Revised Code or the laws of another state regarding division of marital property. (d) If a retirant is subject to division (D)(1)(c) of this section and the board has

received a copy of the order described in that division, the board shall accept the

retirant's election of a plan of payment under this section only if the retirant complies

with both of the following: (i) The retirant elects a plan of payment that is in accordance with the order described

in division (D)(1)(c) of this section. (ii) If the retirant is married, the retirant elects “option 4” and designates the retirant's

current spouse as a beneficiary under that plan unless that spouse consents in writing

to not being designated a beneficiary under any plan of payment or the board waives

the requirement that the current spouse consent. (2) An application for retirement shall include an explanation of all of the following: (a) That, if the member is married, unless the spouse consents to another plan of payment

or there is a court order dividing marital property issued under section 3105.171 or 3105.65 of the Revised Code or the laws of another state regarding the division of marital property that provides

for payment in a specified amount, the member's retirement allowance will be paid

under “option 2” and consist of the actuarial equivalent of the member's retirement

allowance in a lesser amount payable for life and one-half of the lesser allowance

continuing after death to the surviving spouse for the life of the spouse; (b) A description of the alternative plans of payment available with the consent of the

spouse; (c) That the spouse may consent to another plan of payment and the procedure for giving

consent; (d) That consent is irrevocable once notice of consent is filed with the board. Consent shall be valid only if it is signed, in writing, and witnessed by an employee

of the board or a notary public. (3) If the retirant does not select an optional plan as described in division (D)(1)(a)

of this section and the board does not receive the written statement provided for

in division (D)(1)(b) of this section, it shall determine and pay the retirement allowance

in accordance with division (A)(2) of this section, except that the board may provide

by rule for waiver by the board of the statement and payment of the allowance other

than in accordance with division (A)(2) of this section if the retirant is unable

to obtain the statement due to absence or incapacity of the spouse or other cause

specified by the board. (E) A member of the fund who has elected an optional plan under this section or section 742.3715 of the Revised Code may, with the consent of the designated beneficiary, cancel the optional plan and

receive the retirement allowance payable throughout life the member would have received

had the member not elected the optional plan, if the member makes a request to cancel

the optional plan not later than one year after the later of September 9, 1988, or

the date on which the member first receives a payment under this section or section 742.3715 of the Revised Code .  Cancellation of the optional plan shall be effective the month after acceptance

of the request by the trustees of the fund.  No payment or adjustment shall be made in the retirement allowance payable throughout

the member's life to compensate for the lesser allowance the member received under

the optional plan. The request to cancel the optional plan shall be made on a form provided by the fund

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 signature shall be verified by the trustees of the fund prior to their acceptance

of the cancellation. (F) Any option elected and payments made under this section shall be in addition to any

benefit payable under divisions (D) , (E) , and (F) of section 742.37 of the Revised Code . (G) A person is eligible to receive a benefit increase under this division if the person

is receiving a retirement allowance or benefit under an optional plan elected under

this section or section 742.3715 of the Revised Code based on an award made prior to July 24, 1986.  A person is not eligible to receive an increase under this division if the person

is receiving a pension or benefit in accordance with rules in force on April 1, 1947,

that govern the granting of pensions and benefits and that provide an increase in

the original pension or benefit from time to time pursuant to changes in the salaries

of active members. The board shall annually increase all benefits payable under this section or section 742.3715 of the Revised Code to eligible persons by the actuarial equivalent of three hundred sixty dollars, except

that no benefit shall exceed the limit established by section 415 of the “Internal

Revenue Code of 1986,” 100 Stat. 2085, 26 U.S.C.A. 415 , as amended. The first increase is payable to all eligible persons on July 1, 1988.  The increase is payable for the ensuing twelve-month period or until the next increase

is granted under this section, whichever is later. The date of the first increase payable under this section shall be the anniversary

date for future increases. If payment of a portion of a benefit is made to an alternate payee under section 742.462 of the Revised Code , increases under this division granted while the order is in effect shall be apportioned

between the alternate payee and the benefit recipient in the same proportion that

the amount being paid to the alternate payee bears to the amount paid to the benefit

recipient. If payment of a portion of a retirement allowance is made to one or more beneficiaries

under “option 4” under division (A)(4) of section 742.3711 of the Revised Code , each increase under this division 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.