Ohio Admin. Code 5505-3-03.1 - Disability retiree employment as a law enforcement officer
(A) For the purpose
of division (F)(1) of section
5505.18 of
the Revised Code, "law enforcement officer" includes any "member of a police
department" as defined by section
742.01
of the Revised Code and the associated administrative rules and any person that
is appointed, commissioned, compensated, designated, employed, engaged,
volunteering, or otherwise serving as one of the following:
(7)(10) A park district
law enforcement officer governed by section
511.232
or
1545.13
of the Revised Code or a similar job position outside the state of
Ohio;
(8)(11) A conservancy
district police officer governed by section
6101.75 of the
Revised Code or a similar job position outside the state of Ohio;
(9)(12) A
member of a hospital police or security department governed by sections
4973.17
to
4973.22
of the Revised Code or a similar job position outside the state of
Ohio;
(10)(13) A veterans home
police officer established by section
5907.02
of the Revised Code or a similar job position outside the state of
Ohio;
(11)(14) A member of a
qualified nonprofit corporation police department established by section
1702.80
of the Revised Code or a similar job position outside the state of
Ohio;
(12)(15) A state
university law enforcement officer governed by section
3345.04
of the Revised Code or a person serving as a state university law enforcement
officer on a permanent basis on June 19, 1978, who has been awarded a
certificate by the executive director of the Ohio peace officer training
commission attesting to the person's satisfactory completion of an approved
state, county, municipal, or department of natural resources peace officer
basic training program or a similar job position outside the state of
Ohio;
(13)(16) A special police
officer in the department of mental health governed by section
5119.08
of the Revised Code or a similar job position outside the state of
Ohio;
(14)(17) A special police
officer in the Ohio department of developmental disabilities governed by
section
5123.13
of the Revised Code or a similar job position outside the state of
Ohio;
(15)(18) A member of a
campus police department established under section
1713.50
of the Revised Code or a similar job position outside the state of
Ohio;
(16)(19) A regional
transit authority police officer governed by division (Y) of section
306.35
of the Revised Code or a similar job position outside the state of
Ohio;
(17)(20) An investigator
of the auditor of state governed by section
117.091
of the Revised Code who is engaged in the enforcement of Chapter 117. of the
Revised Code or a similar job position outside the state of Ohio;
(18)(21)
A special police officer serving on state property pursuant to section
5503.09
of the Revised Code or a person who was serving as a special police officer
pursuant to that section on a permanent basis on October 21, 1997, and who has
been awarded a certificate by the executive director of the Ohio peace officer
training commission attesting to the person's satisfactory completion of an
approved state, county, municipal, or department of natural resources peace
officer basic training program or a similar job position outside the state of
Ohio;
(19)(22) A port authority
special police officer governed by section
4582.04
or
4582.28
of the Revised Code or a person serving as a port authority special police
officer on a permanent basis on May 17, 2000, who has been awarded a
certificate by the executive director of the Ohio peace officer training
commission attesting to the person's satisfactory completion of an approved
state, county, municipal, or department of natural resources peace officer
basic training program or a similar job position outside the state of
Ohio;
(20)(23) A municipal
corporation special police officer who has been awarded a certificate by the
executive director of the Ohio peace officer training commission for
satisfactory completion of an approved peace officer basic training program and
who is serving at a municipal airport or other municipal air navigation
facility that is governed by aviation security rules of the transportation
security administration of the United States department of transportation and
required by federal laws and regulations to be under a security program or a
similar job position outside the state of Ohio;
(21)(24) A PERS law
enforcement officer, as defined in section
145.01
of the Revised Code or a similar job position outside the state of Ohio;
or
(22)(25) A bailiff or
deputy bailiff of a court of record in this state who has received a
certificate attesting to the person's satisfactory completion of the peace
officer training school as required by section
109.77
of the Revised Code or a similar job position outside the state of
Ohio;
(23)(26) A parole,
corrections, or probation officer or a similar job position outside the state
of Ohio;
(24)(27) An employee of
the department of youth services who is designated by the director of youth
services pursuant to division (A)(1) of section
5139.53
of the Revised Code and who has received the training described in division
(B)(1) of that section;
(25)(28) A federal
protective service officer or a federal marshal, including, but not limited to,
a court security officer hired by the U.S. marshals service;
(26)(29)
A gaming agent employed under section
3772.03
of the Revised Code or a similar job position outside the state of
Ohio.
(1) A sheriff, marshal, deputy marshal,
member of the organized police department of a township or municipal
corporation, member of a township police district or joint township police
district police force, member of a metropolitan housing authority police force
established under division (D) of section
3735.31
of the Revised Code, or township constable or a similar job position outside
the state of Ohio;
(2) A railroad
company police officer governed by sections
4973.17
to
4973.22
of the Revised Code or a similar job position outside the state of
Ohio;
(3) A person engaged in the
enforcement of Chapter 5743. of the Revised Code on behalf of the department of
taxation and designated by the tax commissioner for peace officer training for
purposes of the delegation of investigation powers under section
5743.45
of the Revised Code or a similar job position outside the state of
Ohio;
(4) An undercover drug agent
or a similar job position outside the state of Ohio;
(5) A department of public safety enforcement
agent governed by section
5502.14 of the
Revised Code or a similar job position outside the state of Ohio;
(6) A natural resources law enforcement staff
officer in the department of natural resources governed by section
1501.013
, a wildlife officer governed by section 1531.13 ,
or a natural resource officer goverened by section 1501.24 of the
Revised Code or a similar job position outside the state of Ohio;
(7)
A forest-fire
investigator in the department of natural resources governed by section
1503.09
of the Revised Code or similar job position outside the state of
Ohio;
(8)
A natural resources officer in the department of
natural resources governed by section
1501.24
of the Revised Code or a similar job position outside the state of
Ohio;
(9)
A wildlife officer in the department of natural
resources governed by section
1531.13 of the
Revised Code or a similar job position outside the state of
Ohio;
(B) For the purpose
of this rule, "Benefit Recipient" shall have the same meaning as rule
5505-3-03
of the Administrative Code.
(C) If
the executive director determines that a benefit recipient is employed in a
position described in division (A) of this rule, HPRS staff and medical advisor
shall present the benefit recipient's file to the board at the next board
meeting. If the board concurs with the executive director's determination,
disability benefits shall terminate effective the date the benefit recipient
accepted employment that resulted in the termination of benefits. Unless
requested by the board, the benefit recipient may not appear before the
board.
(D) The benefit recipient
will be sent notification of the board's action no more than five days after
the board meets and such notice will be sent by regular U.S. mail to the
benefit recipient's last known address. The notice will inform the benefit
recipient of the date his or her benefits will terminate and his or her right
to appeal.
(E) Within twenty days
of the board's decision, the benefit recipient may file a written notice of
appeal. The notice of appeal shall reference the decision being appealed and
shall include the reason(s) why the decision is being appealed. If the benefit
recipient does not file a notice of appeal as described in this rule, the
board's determination made under paragraph (C) of this rule is final.
(1) The notice of appeal will be considered
at the next regularly scheduled meeting of the board. Except as provided in
this rule, benefits shall not be terminated while an appeal is
pending.
(2) Within forty days of
the board's determination made under paragraph (C) of this rule, the benefit
recipient must file any evidence he or she would like considered by the board.
No extensions shall be granted. HPRS shall void the notice of appeal if new
evidence is not received by HPRS in the time described in this
paragraph.
(3) The applicant has
the right to appear at the hearing, with or without counsel, to present new
testimony.
(4) Evidence,
information, or other documentation not already submitted in accordance with
this rule will not be permitted.
(5) The board's decision is final.
Notes
Promulgated Under: 111.15
Statutory Authority: 5505.07, 5505.18
Rule Amplifies: 5505.18
Prior Effective Dates: 02/15/1981, 01/01/1986, 11/02/1989, 10/01/1996, 03/28/2013, 11/17/2016, 05/18/2017
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