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| To amend sections 146.01, 146.12, and 742.45 of the | 1 |
| Revised Code to provide health insurance benefits | 2 |
| to dependents of volunteer firefighters killed in | 3 |
| the line of duty. | 4 |
| Section 1. That sections 146.01, 146.12, and 742.45 of the | 5 |
| Revised Code be amended to read as follows: | 6 |
| Sec. 146.01. As used in sections 146.01 to 146.19 of the | 7 |
| Revised Code: | 8 |
| (A) "Fire department" means a volunteer fire department, a | 9 |
| fire department of a political subdivision or fire district of | 10 |
| this state, or a private volunteer company that has elected to | 11 |
| participate in the volunteer fire fighters' dependents fund | 12 |
| pursuant to section 146.02 of the Revised Code. | 13 |
| (B)(1) "Volunteer firefighter" means both of the following, | 14 |
| subject to division (B)(2) of this section: | 15 |
| (a) A duly appointed member of a fire department on either a | 16 |
| nonpay or part-pay basis who is ineligible to be a member of the | 17 |
| Ohio police and fire pension fund, or whose employment as a | 18 |
| firefighter does not in itself qualify any such person for | 19 |
| membership in the public employees retirement system, or who has | 20 |
| waived membership in the public employees retirement system; | 21 |
| (b) Firefighters drafted, requisitioned, or appointed to | 22 |
| serve in an emergency. | 23 |
| (2)(a) A volunteer firefighter who is a member of the public | 24 |
| employees retirement system shall be considered a volunteer | 25 |
| firefighter for purposes of this chapter, and in particular, for | 26 |
| purposes of divisions (A) and (B) of section 146.12 of the Revised | 27 |
| Code until the firefighter has at least one and one-half years of | 28 |
| Ohio service credit for purposes of division (B) of section 145.45 | 29 |
| of the Revised Code; | 30 |
| (b) A volunteer firefighter who is a member of the public | 31 |
| employees retirement system shall be considered a volunteer | 32 |
| firefighter for purposes of this chapter and, in particular, for | 33 |
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purposes of division | 34 |
| until the firefighter has at least five years of total service | 35 |
| credit for purposes of sections 145.35 and 145.36 or section | 36 |
| 145.361 of the Revised Code. | 37 |
| (C) "Private volunteer fire company" means a company of | 38 |
| trained volunteer firefighters having a contract to furnish fire | 39 |
| protection or emergency service or both to a political subdivision | 40 |
| or fire district of this state. | 41 |
| (D) "Member of the fund" includes a political subdivision or | 42 |
| fire district of this state that maintains in whole or in part a | 43 |
| volunteer fire department or employs volunteer firefighters, and a | 44 |
| private volunteer fire company that has elected to participate in | 45 |
| the volunteer fire fighters' dependents fund. | 46 |
| (E) "Volunteer fire fighters' dependents fund" means the fund | 47 |
| established by section 146.07 of the Revised Code. | 48 |
| (F) "Totally and permanently disabled" means that a volunteer | 49 |
| firefighter is unable to engage in any substantial gainful | 50 |
| employment for a period of not less than twelve months by reason | 51 |
| of a medically determinable physical impairment that is permanent | 52 |
| or presumed to be permanent. | 53 |
| Sec. 146.12. Benefits shall be paid from the volunteer fire | 54 |
| fighters' dependents fund to or on behalf of the following | 55 |
| persons: | 56 |
| (A) To the surviving spouse of a volunteer firefighter killed | 57 |
| while discharging the duties of a volunteer firefighter or who | 58 |
| dies from exposure or injury received while in the discharge of | 59 |
| those duties, a lump sum award of one thousand dollars, and, in | 60 |
| addition, the sum of three hundred dollars per month; | 61 |
| (B) To the parent, guardian, or other persons upon whom a | 62 |
| child of a volunteer firefighter is dependent for chief support, | 63 |
| the sum of one hundred twenty-five dollars per month for each | 64 |
| dependent child under eighteen years of age, or under twenty-three | 65 |
| years of age if the child is attending a post-secondary | 66 |
| educational institution and is completing a program of instruction | 67 |
| each school year that satisfies the equivalent of at least | 68 |
| two-thirds of the full-time curriculum requirements of the | 69 |
| institution. | 70 |
| (C) To the dependents of a volunteer firefighter killed while | 71 |
| discharging the duties of a volunteer firefighter or who dies from | 72 |
| exposure or injury received while in the discharge of those | 73 |
| duties, coverage for health insurance benefits established by the | 74 |
| board of trustees of the Ohio police and fire pension fund under | 75 |
| section 742.45 of the Revised Code if none of the following are | 76 |
| true: | 77 |
| (1) The dependents are eligible for coverage under any | 78 |
| employer-sponsored health benefit plan. | 79 |
| (2) The dependents are covered under any health benefit plan. | 80 |
| (3) The dependents are eligible for coverage under the | 81 |
| medicaid program established under Chapter 5111. of the Revised | 82 |
| Code or the medicare program established under Title XVIII of the | 83 |
| "Social Security Act," 42 U.S.C. 1395. | 84 |
| (D) To a volunteer firefighter, totally and permanently | 85 |
| disabled while discharging the duties of a volunteer firefighter, | 86 |
| the sum of three hundred dollars per month. No payment shall be | 87 |
| made to a volunteer firefighter under full salary during the time | 88 |
| of the volunteer firefighter's disability. | 89 |
| (E) As used in this section, "health benefit plan" means any | 90 |
| of the following when the contract, policy, or plan provides | 91 |
| payment or reimbursement for the costs of health care services | 92 |
| other than for specific diseases and accidents only: | 93 |
| (1) An individual or group policy of sickness and accident | 94 |
| insurance; | 95 |
| (2) An individual or group contract of a health insuring | 96 |
| corporation; | 97 |
| (3) A public employee benefit plan; | 98 |
| (4) A multiple employer welfare arrangement as defined in | 99 |
| section 1739.01 of the Revised Code; | 100 |
| (5) A health benefit plan as regulated under the "Employee | 101 |
| Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq. | 102 |
| Sec. 742.45. (A) The board of trustees of the Ohio police | 103 |
| and fire pension fund may enter into an agreement with insurance | 104 |
| companies, health insuring corporations, or government agencies | 105 |
| authorized to do business in the state for issuance of a policy or | 106 |
| contract of health, medical, hospital, or surgical benefits, or | 107 |
| any combination thereof, for those individuals receiving service | 108 |
| or disability pensions or survivor benefits subscribing to the | 109 |
| plan. Notwithstanding any other provision of this chapter, the | 110 |
| policy or contract may also include coverage for any eligible | 111 |
| individual's spouse and dependent children and for any of the | 112 |
| eligible individual's sponsored dependents as the board considers | 113 |
| appropriate. | 114 |
| The board shall enter into an agreement for issuance of a | 115 |
| policy or contract of health, medical, hospital, or surgical | 116 |
| benefits, or any combination thereof, pursuant to this section for | 117 |
| those individuals receiving survivor benefits under division (C) | 118 |
| of section 146.12 of the Revised Code. | 119 |
| If all or any portion of the policy or contract premium is to | 120 |
| be paid by any individual receiving a service, disability, or | 121 |
| survivor pension or benefit, the individual shall, by written | 122 |
| authorization, instruct the board to deduct from the individual's | 123 |
| benefit the premium agreed to be paid by the individual to the | 124 |
| company, corporation, or agency. | 125 |
| The board may contract for coverage on the basis of part or | 126 |
| all of the cost of the coverage to be paid from appropriate funds | 127 |
| of the Ohio police and fire pension fund. The cost paid from the | 128 |
| funds of the Ohio police and fire pension fund shall be included | 129 |
| in the employer's contribution rates provided by sections 742.33 | 130 |
| and 742.34 of the Revised Code. | 131 |
| The board may provide for self-insurance of risk or level of | 132 |
| risk as set forth in the contract with the companies, | 133 |
| corporations, or agencies, and may provide through the | 134 |
| self-insurance method specific benefits as authorized by the rules | 135 |
| of the board. | 136 |
| (B) The board shall, beginning the month following receipt of | 137 |
| satisfactory evidence of the payment for coverage, pay monthly to | 138 |
| each recipient of service, disability, or survivor benefits under | 139 |
| the Ohio police and fire pension fund who is eligible for medical | 140 |
| insurance coverage under part B of "The Social Security Amendments | 141 |
| of 1965," 79 Stat. 301, 42 U.S.C.A. 1395j, as amended, an amount | 142 |
| equal to the basic premiums for such coverage. | 143 |
| (C) The board shall establish by rule requirements for the | 144 |
| coordination of any coverage, payment, or benefit provided under | 145 |
| this section with any similar coverage, payment, or benefit made | 146 |
| available to the same individual by the public employees | 147 |
| retirement system, state teachers retirement system, school | 148 |
| employees retirement system, or state highway patrol retirement | 149 |
| system. | 150 |
| (D) The board shall make all other necessary rules pursuant | 151 |
| to the purpose and intent of this section. | 152 |
| Section 2. That existing sections 146.01, 146.12, and 742.45 | 153 |
| of the Revised Code are hereby repealed. | 154 |