(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
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