Ohio Admin. Code 742-3-04 - Disability benefit recipient's annual earnings statement
(A)
Unless the board's physician certifies that a
disability benefit recipient's disability is ongoing according to the terms of
the governing board policy and the board waives the requirement that a
recipient file an annual statement of earnings, a
A disability benefit recipient shall file an
annual statement of earnings by September first of each year with the Ohio
police and fire pension fund ("OP & F").
, unless the disability
committee medical advisor has certified that the disability benefit recipient's
disability is ongoing and the board waives the reqirement that a recipient file
an annul earnings statement. The statement must be on the form provided
by OP & F.
,
The section of the
statement relating to employment, education, and earnings
and must be notarized. In addition, the
disability benefit recipient must also provide any supporting documentation
requested by OP & F.
(B) OP
& F shall send written notice to those recipients who have been granted
waivers by the board within sixty days of the board's approval.
(C) Once a disability benefit recipient has
been granted a waiver from the requirement to file annual earnings statement by
the board, the disability benefit recipient shall thereafter be relieved from
filing an annual earnings statement, unless otherwise notified in writing by OP
& F.
(D) For those earning
statements due on September 1, 1998, and every September first thereafter, the
refusal of the benefit recipient to comply with paragraph (A) of this rule
shall result in the suspension of disability benefits and any health care
stipend upon sixty days prior written notice to the disability benefit
recipient.
(1) If the disability benefit
recipient fails to file the past due annual earning statement(s) in proper form
with OP & F within the aforementioned sixty day notice period, OP & F
shall suspend the recipient's health care stipend, if any, effective on the
first day of the month immediately following the expiration of such notice
period.
(2) In the event the
disability benefit recipient files all of the past due earning statement(s) in
proper form with OP & F after the aforementioned sixty day notice period,
OP & F will reinstate the recipient's disability benefits and health care
stipend on the first day of the month immediately following OP & F's
receipt of all past due annual earnings statements in proper form.
(E) If the disability benefit
recipient files the required annual earnings statement in proper form with OP
& F on or before December first of the following year in which it was due
(i.e. fifteen months after the original due date), OP & F will reinstate
the recipient's disability benefits and the health care stipend, if
any.
(F) If the disability benefit
recipient has not filed the required annual earnings statement in proper form
with OP & F on or before December first of the following year in which it
was due, then the disability benefits shall be forfeited in accordance with the
terms of division (D) of section
742.40
of the Revised Code and the health care stipend, if any, shall be forfeited in
accordance with section
742.45
of the Revised Code, with such forfeiture being effective as of the date of the
original suspension, as referenced in a writing provided to the recipient from
OP & F.
(G) For purposes of
determining whether the recipient has refused to comply with the provisions of
division (D) of section
742.40
of the Revised Code and this rule, OP & F may conclusively rely upon OP
& F's books and records.
(H)
All notices to the disability benefit recipient provided for under 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
disability benefit recipient at the most recent address set forth in such
recipient's file with OP & F, or to such other address as the disability
benefit recipient shall thereafter designate by proper notice in accordance
with this paragraph. All notices to OP & F shall be addressed at its
principal place of business.
(I)
For purposes of this rule, "Disability Benefit Recipient" shall mean the member
of OP & F who is receiving a disability benefit pursuant to division
(C)(2), (C)(3), (C)(4), or (C)(5) of former section
742.37
of the Revised Code or section
742.38
of the Revised Code.
Notes
Promulgated Under: 111.15
Statutory Authority: 742.10
Rule Amplifies: 742.37, 742.38, 742.40, 742.45
Prior Effective Dates: 11/30/1995 (Emer.), 02/10/1996, 09/08/1997, 09/16/1998 (Emer.), 12/10/1998, 07/17/2004, 02/04/2013, 03/22/2018, 01/01/2019 (Emer.), 03/29/2019, 09/22/2022
Promulgated Under: 111.15
Statutory Authority: 742.10
Rule Amplifies: 742.37, 742.38, 742.40, 742.45
Prior Effective Dates: 11/30/1995 (Emer.), 02/10/1996, 09/08/1997, 09/16/1998 (Emer.), 12/10/1998, 07/17/2004, 02/04/2013, 03/22/2018, 01/01/2019 (Emer.), 03/29/2019
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