Ohio Admin. Code 742-3-15 - Procedures for claims asserted under division (J) of section 742.21 of the Revised Code

(A) For those claims asserted against If a member makes a claim with the Ohio police and fire pension fund ("OP& F") under pursuant to division (J) of section 742.21 of the Revised Code, the procedures set forth in this rule shall apply.

(B) In computing a pension or benefit under section 742.37 or 742.39 of the Revised Code, OP& F's board of trustees shall give the member full credit for service credit purchased or transferred under section 742.21 of the Revised Code for service that was less than full-time service if the member files a claim against with OP& F in the form approved by OP& F's board of trustees and after review of the form and documentation filed in support thereof, and OP& F's the board determines that clear and convincing documentary evidence exists to support the finding that all of the following criteria have been met:

(1) The OP& F member is not receiving a pension or disability benefit from OP& F;

(2) Prior to the member changing or ceasing his/her employment, the member received written notice from OP& F indicating that the member would be permitted to purchase or transfer service credit for service that was less than full-time without any limitation or qualification;

(3) Based upon the written notification referenced in paragraph (B)(2) of this rule, the member changed or ceased the member's employment, which by virtue of such job assignment made such person an OP& F member; and

(4) The member's reliance on OP& F's written notice of the transfer of such service credit resulted in actual damage to the member, including, but not limited to the member's ineligibility for retirement benefits.

(C) OP& F's review and consideration of claims under division (J) of section 742.21 of the Revised Code and this rule shall be limited to the facts stated in such claims form or provided by the member. OP& F shall also consider and base its findings on all competent evidence made available to it, but rebuttal evidence can be provided by information in the member file maintained by OP& F.

(D) (C) Upon receipt of a claim under division (J) of section 742.21 of the Revised Code and in accordance with this rule, OP& F shall schedule such claim for review by the benefits committee of the board or such other committee as the board may designate from time to time. The benefits committee shall then make a written recommendation to the board.

(E) (D) Based on the written recommendation of the benefits committee or such other committee as the board may designate from time to time, the board shall then review all evidence available and make an initial determination of such claims asserted by such aggrieved member under division (J) of section 742.21 of the Revised Code. The board may decide to:

(1) Grant the claim;

(2) Deny the claim; or

(3) Postpone the determination pending receipt of additional information or the submission of additional facts.

(F) (E) Any claim granted by the board under division (J) of section 742.21 of the Revised Code and this rule shall be effective as of the date that the board made its initial determination, as referenced in paragraph (E) of this rule decision.

(G) (F) The member covered by the pending claim asserted in accordance with division (J) of section 742.21 of the Revised Code and this rule shall be notified of the board's initial determination decision within sixty thirty days after the board's final action. and such notice shall inform the member of his/her right to:

(1) Accept the decision granted by the board;

(2) Waive the decision granted by the board; or

(3) Appeal the initial determination of the board.

If the claim is denied by the board, OP& F's notice of decision shall also inform the member of his or her right to appeal the board's decision.

(H) Not later than ninety days after receipt of the notice of the board provided for in paragraph (G) of this rule, the aggrieved member shall elect, on a form provided by the board, either to accept or waive the board's initial determination for the claim asserted under section 742.21 of the Revised Code and this rule. For purposes of making the determination whether the applicant has accepted or waived the board's determination under this rule, OP& F may conclusively rely upon OP& F's books and records.

(I) If the election provided for in paragraph (H) of this rule is not filed with OP& F within the time period provided in such paragraph, the award shall be rescinded, effective immediately upon the expiration of the ninety day time period provided for in such paragraph and OP& F shall thereafter refund any amounts to purchase the credit, with interest at a rate determined by the board from the date the member purchased the credit to the date of the refund, as provided by division (J)(2) of section 742.21 of the Revised Code. The member shall thereafter be barred from asserting a claim against OP& F under division (J) of section 742.21 of the Revised Code arising out of or related to the same or similar facts.

(J) (G) Appeal of initial determination board's decision.

(1) Any member aggrieved by an action of the board with respect to a determination made under division (J) of section 742.21 of the Revised Code and this rule must If the member's claim is denied by the board and the member wishes to appeal the board's decision, the member must file a written notice of appeal with OP& F in the form provided by OP& F within ninety days of receipt of the date of the board's initial determination referred to in paragraph (E) of this rule. The notice of appeal must contain the member's name, social security number and a brief description of the decision upon which the appeal is based notice of decision. The member shall also provide OP& F with all materials which he or she desires to submit in support of the appeal.

(2) Within ninety days of filing of the notice of appeal, the aggrieved member shall file with OP& F all materials which he or she desires to submit in support of the appeal. Upon application to OP& F, the board, for good cause shown, may grant the aggrieved member an extension of time within which to file supporting materials. Such application must be made before the expiration of the original ninety-day period referred to in this paragraph. Failure to submit supporting materials or to request an extension of time within which to do so will be sufficient cause for the board to dismiss the appeal.

(3) (2) Upon receipt of the notice of appeal and supporting materials, the board shall schedule a hearing on the appeal and shall give the aggrieved member reasonable notice of the date, time and place thereof in writing. Notwithstanding the foregoing, any hearing may be postponed or continued by the board, either upon application of the aggrieved member or on its own motion. The aggrieved member shall be given the opportunity to be present at the hearing, with counsel or other representation if he or she chooses. A tape recording of the hearing will be-made to provide the board with a record for further review. Such tape recording of the hearing shall be available to the aggrieved member and to-those individuals who are authorized by the member to receive such information, with such authorization in the form required by OP& F.

(4) (3) Following the hearing on appeal, the board may choose to:

(a) Affirm the original decision;

(b) Reverse the original decision; or

(c) Postpone a decision pending submission of additional documentation or information.

(5) (4) The board's decision on appeal shall be the final determination of such claim.

(6) (5) The member shall be advised of the board's action within ninety thirty days after the board's final determination under this paragraph and such notice shall inform the member of his/her right to:

(a) Accept the board's decision on appeal; or

(b) File a mandamus action.

(K) (H) All notices to the member provided for in this rule shall be either delivered personally, sent by express delivery service, certified mail, or first class U.S. mail, postage prepaid and addressed to the member at the most recent address set forth in OP& F's records, or to such other address as the member shall thereafter designate by proper notice in accordance with this paragraph. All notices to OP& F or the board shall be addressed at its principal place of business.

Notes

Ohio Admin. Code 742-3-15

Five Year Review (FYR) Dates: 5/13/2025 and 05/23/2025
Promulgated Under: 111.15
Statutory Authority: 742.10
Rule Amplifies: 742.21, 742.37, 742.39
Prior Effective Dates: 12/07/1998 (Emer.), 06/12/1999, 07/17/2004, 07/05/2007 (Emer.), 11/20/2014, 05/31/2020

Effective: 5/31/2020
Five Year Review (FYR) Dates: 3/6/2020 and 05/10/2025
Promulgated Under: 111.15
Statutory Authority: 742.10
Rule Amplifies: 742.21, 742.37, 742.39
Prior Effective Dates: 12/07/1998 (Emer.), 06/12/1999, 07/17/2004, 07/05/2007 (Emer.), 11/20/2014