Ohio § 742.39

§ 742.39.

(A) A member of the Ohio police and fire pension fund determined to be eligible for a

disability benefit under division (D)(1) of section 742.38 of the Revised Code shall be paid annual disability benefits, payable in twelve monthly installments,

in an amount equal to seventy-two per cent of the member's average annual salary.  If, as of July 2, 2013, the member had fifteen or more years of service credit,

the average annual salary shall be determined using three years of contributions.  If, as of that date, the member had less than fifteen years of service credit, the

average annual salary shall be determined using five years of contributions. (B) A member of the fund determined to be eligible for a disability benefit under division (D)(2) of section 742.38 of the Revised Code shall be paid annual disability benefits, payable in twelve monthly installments.  If the member has fewer than twenty-five years of service credit, the benefit shall

be in an amount fixed by the board of trustees of the Ohio police and fire pension

fund.  The board may increase or decrease the benefit whenever the board determines that

the impairment of the member's earning capacity warrants an increase or decrease based

on the standards adopted under division (C) of section 742.38 of the Revised Code applicable to the determination, but in no event shall the benefit exceed sixty per

cent of the member's average annual salary. A member who has twenty-five or more years of service credit shall receive annual

disability benefits, payable in twelve monthly installments, in an amount equal to

a percentage of the member's average annual salary.  The percentage shall be the sum of two and one-half per cent for each of the first

twenty years of service credit, plus two per cent for each of the twenty-first to

twenty-fifth years of service credit, plus one and one-half per cent for each year

in excess of twenty-five years of service credit.  The annual disability benefit shall not exceed seventy-two per cent of the member's

average annual salary. In calculating a benefit under this division, a member's average annual salary shall

be determined using three years of contributions if, as of July 2, 2013, the member

had fifteen or more years of service credit.  If, as of that date, the member had less than fifteen years of service credit, the

average annual salary shall be determined using five years of contributions. (C) A member of the fund determined to be eligible for a disability benefit under division (D)(4) of section 742.38 of the Revised Code shall be paid annual disability benefits, payable in twelve monthly installments,

in an amount to be fixed by the board.  The board may increase or decrease the benefits whenever the board determines that

the impairment of the member's earning capacity warrants an increase or decrease based

on the standards adopted under division (C) of section 742.38 of the Revised Code applicable to the determination, but in no event shall a benefit paid to the member

exceed sixty per cent of the member's average annual salary. (D) Each of the following persons who on July 1, 1999, is receiving annual benefits of

less than six thousand six hundred dollars shall have the benefits increased to that

amount effective July 1, 1999: (1) A person receiving annual benefits described in division (A) of this section; (2) A person receiving annual benefits described in division (C) of this section based

on an award made prior to September 16, 1998. (E) Benefits payable under this section continue until death unless adjusted under division (D)(5) of section 742.38 of the Revised Code or adjusted or terminated under division (C)(3) of section 742.40 of the Revised Code .