As Passed by the Senate

129th General Assembly
Regular Session
2011-2012
Am. Sub. S. B. No. 5


Senator Jones 



A BILL
To amend sections 9.90, 103.74, 122.64, 122.72, 1
124.134, 124.14, 124.15, 124.152, 124.181, 2
124.322, 124.325, 124.34, 124.38, 124.388, 124.39, 3
124.81, 124.82, 145.47, 306.04, 307.054, 339.06, 4
339.07, 340.04, 505.38, 505.49, 505.60, 709.012, 5
742.31, 749.082, 749.083, 927.69, 1545.071, 6
3306.01, 3307.27, 3307.77, 3309.47, 3311.19, 7
3313.12, 3313.202, 3313.23, 3313.24, 3313.33, 8
3313.42, 3314.10, 3316.07, 3317.01, 3317.018, 9
3317.11, 3317.13, 3319.01, 3319.011, 3319.02, 10
3319.06, 3319.08, 3319.084, 3319.085, 3319.088, 11
3319.09, 3319.10, 3319.11, 3319.13, 3319.14, 12
3319.141, 3319.17, 3319.172, 3319.18, 3319.63, 13
3326.18, 3332.03, 4117.01, 4117.02, 4117.03, 14
4117.05, 4117.06, 4117.07, 4117.08, 4117.09, 15
4117.10, 4117.11, 4117.12, 4117.13, 4117.14, 16
4117.15, 4117.18, 4117.20, 4117.21, 4725.46, 17
4906.02, 5107.26, 5123.51, 5126.24, 5139.02, 18
5503.03, and 5505.15, to enact sections 4113.80, 19
4117.081, 4117.104, 4117.105, 4117.106, 4117.107, 20
4117.108, 4117.109, 4117.26, and 4117.27, and to 21
repeal sections 3317.12, 3317.14, 3319.131, 22
3319.142, 3319.143, 4117.16, 4117.22, and 4117.23 23
of the Revised Code to make various changes to 24
laws concerning public employees, including 25
collective bargaining, salary schedules and 26
compensation, layoff procedures, and leave.27


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1.  That sections 9.90, 103.74, 122.64, 122.72, 28
124.134, 124.14, 124.15, 124.152, 124.181, 124.322, 124.325, 29
124.34, 124.38, 124.388, 124.39, 124.81, 124.82, 145.47, 306.04, 30
307.054, 339.06, 339.07, 340.04, 505.38, 505.49, 505.60, 709.012, 31
742.31, 749.082, 749.083, 927.69, 1545.071, 3306.01, 3307.27, 32
3307.77, 3309.47, 3311.19, 3313.12, 3313.202, 3313.23, 3313.24, 33
3313.33, 3313.42, 3314.10, 3316.07, 3317.01, 3317.018, 3317.11, 34
3317.13, 3319.01, 3319.011, 3319.02, 3319.06, 3319.08, 3319.084, 35
3319.085, 3319.088, 3319.09, 3319.10, 3319.11, 3319.13, 3319.14, 36
3319.141, 3319.17, 3319.172, 3319.18, 3319.63, 3326.18, 3332.03, 37
4117.01, 4117.02, 4117.03, 4117.05, 4117.06, 4117.07, 4117.08, 38
4117.09, 4117.10, 4117.11, 4117.12, 4117.13, 4117.14, 4117.15, 39
4117.18, 4117.20, 4117.21, 4725.46, 4906.02, 5107.26, 5123.51, 40
5126.24, 5139.02, 5503.03, and 5505.15 be amended and sections 41
4113.80, 4117.081, 4117.104, 4117.105, 4117.106, 4117.107, 42
4117.108, 4117.109, 4117.26, and 4117.27 of the Revised Code be 43
enacted to read as follows:44

       Sec. 9.90.  (A) The governing board of any public institution 45
of higher education, including without limitation state 46
universities and colleges, community college districts, university 47
branch districts, technical college districts, and municipal 48
universities, may, in addition to all other powers provided in the 49
Revised Code:50

       (1) Contract for, purchase, or otherwise procure from an 51
insurer or insurers licensed to do business by the state of Ohio 52
for or on behalf of such of its employees as it may determine, 53
life insurance, or sickness, accident, annuity, endowment, health, 54
medical, hospital, dental, or surgical coverage and benefits, or 55
any combination thereof, by means of insurance plans or other 56
types of coverage, family, group or otherwise, and may pay from 57
funds under its control and available for such purpose all or any 58
portion of the cost, premium, or charge for such insurance, 59
coverage, or benefits. However, the governing board, in addition 60
to or as an alternative to the authority otherwise granted by 61
division (A)(1) of this section, may elect to procure coverage for 62
health care services, for or on behalf of such of its employees as 63
it may determine, by means of policies, contracts, certificates, 64
or agreements issued by at least two health insuring corporations 65
holding a certificate of authority under Chapter 1751. of the 66
Revised Code and may pay from funds under the governing board's 67
control and available for such purpose all or any portion of the 68
cost of such coverage.69

       (2) Make payments to a custodial account for investment in 70
regulated investment company stock for the purpose of providing 71
retirement benefits as described in section 403(b)(7) of the 72
Internal Revenue Code of 1954, as amended. Such stock shall be 73
purchased only from persons authorized to sell such stock in this 74
state.75

       Any income of an employee deferred under divisions (A)(1) and 76
(2) of this section in a deferred compensation program eligible 77
for favorable tax treatment under the Internal Revenue Code of 78
1954, as amended, shall continue to be included as regular 79
compensation for the purpose of computing the contributions to and 80
benefits from the retirement system of such employee. Any sum so 81
deferred shall not be included in the computation of any federal 82
and state income taxes withheld on behalf of any such employee.83

       (B) All or any portion of the cost, premium, or charge 84
therefor may be paid in such other manner or combination of 85
manners as the governing board may determine, including direct 86
payment by the employee in cases under division (A)(1) of this 87
section, and, if authorized in writing by the employee in cases 88
under division (A)(1) or (2) of this section, by such governing 89
board with moneys made available by deduction from or reduction in 90
salary or wages or by the foregoing of a salary or wage increase. 91
Nothing in section 3917.01 or section 3917.06 of the Revised Code 92
shall prohibit the issuance or purchase of group life insurance 93
authorized by this section by reason of payment of premiums 94
therefor by the governing board from its funds, and such group 95
life insurance may be so issued and purchased if otherwise 96
consistent with the provisions of sections 3917.01 to 3917.07 of 97
the Revised Code.98

       (C) The board of education of any school district may 99
exercise any of the powers granted to the governing boards of 100
public institutions of higher education under divisions (A) and 101
(B) of this section, except in relation to the provision of health 102
care benefits to employees. All health care benefits provided to 103
persons employed by the public schools of this state shall be 104
health care plans that contain best practices established by the 105
school employees health care board pursuant to section 9.901 of 106
the Revised Code. Nothing in this division shall be construed to 107
allow a board of education to bargain collectively regarding the 108
provision of health care benefits as that term is defined in 109
section 124.81 of the Revised Code.110

       Sec. 103.74.  The correctional institution inspection 111
committee may employ a director and any other nonlegal staff, who 112
shall be in the unclassified service of the state, that are 113
necessary for the committee to carry out its duties and may 114
contract for the services of whatever nonlegal technical advisors 115
are necessary for the committee to carry out its duties. The 116
attorney general shall act as legal counsel to the committee.117

       The chairperson and vice-chairperson of the legislative 118
service commission shall fix the compensation of the director. The 119
director, with the approval of the director of the legislative 120
service commission, shall fix the compensation of other staff of 121
the committee in accordance with a salary schedule established by 122
the director of the legislative service commission. The director 123
of the legislative service commission, when establishing the 124
salary schedule, shall require merit to be the only basis, and the 125
director of the correctional institution inspection committee 126
shall use merit as the only basis for an employee's progression 127
through the schedule. Contracts for the services of necessary 128
technical advisors shall be approved by the director of the 129
legislative service commission.130

       The general assembly shall biennially appropriate to the 131
correctional institution inspection committee an amount sufficient 132
to enable the committee to perform its duties. Salaries and 133
expenses incurred by the committee shall be paid from that 134
appropriation upon vouchers approved by the chairperson of the 135
committee.136

       Sec. 122.64.  (A) There is hereby established in the 137
department of development a division of economic development. The 138
division shall be supervised by a deputy director appointed by the 139
director of development.140

       The division is responsible for the administration of the 141
state economic development financing programs established pursuant 142
to sections 122.17 and 122.18, sections 122.39 to 122.62, and 143
Chapter 166. of the Revised Code and for coordinating the 144
activities of the development financing advisory council so as to 145
ensure the efficient administration of the programs.146

       (B) The director of development shall:147

       (1) Appoint an individual to serve as director of the 148
development financing advisory council;149

       (2) Receive applications for assistance pursuant to sections 150
122.39 to 122.62 and Chapter 166. of the Revised Code. The 151
director shall process the applications and, except as provided in 152
division (C)(2) of section 166.05 of the Revised Code, forward 153
them to the development financing advisory council. As 154
appropriate, the director shall receive the recommendations of the 155
council as to applications for assistance.156

       (3) With the approval of the director of administrative 157
services, establish salary schedules for employees of the various 158
positions of employment with the division and assign the various 159
positions to those salary schedules;160

       (4) Furnish and pay for, out of funds appropriated to the 161
department of development for that purpose, office space and 162
associated utilities service, for the development financing 163
advisory council;164

       (5) Employ and fix the compensation of financial consultants, 165
appraisers, consulting engineers, superintendents, managers, 166
construction and accounting experts, attorneys, and other agents 167
for the assistance programs authorized pursuant to sections 122.17 168
and 122.18, sections 122.39 to 122.62, and Chapter 166. of the 169
Revised Code as are necessary;170

       (6) Supervise the administrative operations of the division;171

       (7) On or before the first day of October in each year, make 172
an annual report of the activities and operations under assistance 173
programs authorized pursuant to sections 122.39 to 122.62 and 174
Chapter 166. of the Revised Code for the preceding fiscal year to 175
the governor and the general assembly. Each such report shall set 176
forth a complete operating and financial statement covering such 177
activities and operations during the year in accordance with 178
generally accepted accounting principles and shall be audited by a 179
certified public accountant. The director of development shall 180
transmit a copy of the audited financial report to the office of 181
budget and management.182

       (C) The director of development, when establishing the salary 183
schedules required under division (B)(3) of this section, shall 184
use merit as the only basis for an employee's progression through 185
the schedule.186

       Sec. 122.72.  (A) There is hereby created the minority 187
development financing advisory board to assist in carrying out the 188
programs created pursuant to sections 122.71 to 122.89 of the 189
Revised Code.190

       (B) The board shall consist of ten members. The director of 191
development or the director's designee shall be a voting member on 192
the board. Seven members shall be appointed by the governor with 193
the advice and consent of the senate and selected because of their 194
knowledge of and experience in industrial, business, and 195
commercial financing, suretyship, construction, and their 196
understanding of the problems of minority business enterprises; 197
one member also shall be a member of the senate and appointed by 198
the president of the senate, and one member also shall be a member 199
of the house of representatives and appointed by the speaker of 200
the house of representatives. With respect to the board, all of 201
the following apply:202

       (1) Not more than four of the members of the board appointed 203
by the governor shall be of the same political party.204

       (2) Each member shall hold office from the date of the 205
member's appointment until the end of the term for which the 206
member was appointed.207

       (3) The terms of office for the seven members appointed by 208
the governor shall be for seven years, commencing on the first day 209
of October and ending on the thirtieth day of September of the 210
seventh year, except that of the original seven members, three 211
shall be appointed for three years and two shall be appointed for 212
five years.213

       (4) Any member of the board is eligible for reappointment.214

       (5) Any member appointed to fill a vacancy occurring prior to 215
the expiration of the term for which the member's predecessor was 216
appointed shall hold office for the remainder of the predecessor's 217
term.218

       (6) Any member shall continue in office subsequent to the 219
expiration date of the member's term until the member's successor 220
takes office, or until a period of sixty days has elapsed, 221
whichever occurs first.222

       (7) Before entering upon official duties as a member of the 223
board, each member shall take an oath as provided by Section 7 of 224
Article XV, Ohio Constitution.225

       (8) The governor may, at any time, remove any member 226
appointed by the governor pursuant to section 3.04 of the Revised 227
Code.228

       (9) Notwithstanding section 101.26 of the Revised Code, 229
members shall receive their necessary and actual expenses while 230
engaged in the business of the board and shall be paid at thea231
per diem rate of step 1 ofwithin pay range 31 of section 124.15 232
of the Revised Code.233

       (10) Six members of the board constitute a quorum and the 234
affirmative vote of six members is necessary for any action taken 235
by the board.236

       (11) In the event of the absence of a member appointed by the 237
president of the senate or by the speaker of the house of 238
representatives, either of the following persons may serve in the 239
member's absence:240

       (a) The president of the senate or the speaker of the house 241
of representatives, whoever appointed the absent member;242

       (b) A member of the senate or of the house of representatives 243
of the same political party as the absent member, as designated by 244
the president of the senate or the speaker of the house of 245
representatives, whoever appointed the absent member.246

       (12) The board shall annually elect one of its members as 247
chairperson and another as vice-chairperson.248

       Sec. 124.134.  (A) Each full-time permanent state employee 249
paid in accordance with section 124.152 of the Revised Code and 250
those employees listed in divisions (B)(2) and (4) of section 251
124.14 of the Revised Code shall be credited with vacation leave 252
with full pay according to length of service and accruing at a 253
corresponding rate per biweekly pay period, as follows:254

Length of Service Accrual Rate Per Pay Period 255
Less than 4 years 3.1 hours 256
4 but less than 9 years 4.6 hours 257
9 but less than 14 years 6.2 hours 258
14 but less than 19 years 6.9 hours 259
19 but less than 24 years or more 7.7 hours 260
24 years or more 9.2 hours 261

       Fifty-two weeks equal one year of service.262

       The amount of an employee's service shall be determined in 263
accordance with the standard specified in section 9.44 of the 264
Revised Code. Credit for prior service, including an increased 265
vacation accrual rate and longevity supplement, shall take effect 266
during the first pay period that begins immediately following the 267
date the director of administrative services approves granting 268
credit for that prior service. No employee, other than an employee 269
who submits proof of prior service within ninety days after the 270
date of the employee's hiring, shall receive any amount of 271
vacation leave for the period prior to the date of the director's 272
approval of the grant of credit for prior service.273

       Part-time permanent employees who are paid in accordance with 274
section 124.152 of the Revised Code and full-time permanent 275
employees subject to this section who are in active pay status for 276
less than eighty hours in a pay period shall earn vacation leave 277
on a prorated basis. The ratio between the hours worked and the 278
vacation hours earned by these classes of employees shall be the 279
same as the ratio between the hours worked and the vacation hours 280
earned by a full-time permanent employee with the same amount of 281
service as provided for in this section.282

       Vacation leave is not available for use until it appears on 283
the employee's earning statement and the compensation described in 284
the earning statement is available to the employee. An employee 285
may begin using accrued vacation leave upon completion of the 286
employee's initial probation period. A probationary period that 287
follows a separation from service that is less than thirty-one 288
days is not considered an initial probation period for purposes of 289
this section.290

       (B) Employees granted leave under this section shall forfeit 291
their right to take or to be paid for any vacation leave to their 292
credit which is in excess of the accrual for three years. Any 293
excess leave shall be eliminated from the employees' leave 294
balance. 295

       (C) Except as provided in division (D) of this section, 296
beginning in fiscal year 2012, an employee may be paid for up to 297
eighty hours of vacation leave each fiscal year if the employee 298
requested and was denied the use of vacation leave during that 299
fiscal year. No employee shall receive payment for more than 300
eighty hours of denied vacation leave in a single fiscal year. An 301
employee is only eligible to receive payment for vacation leave 302
when the employee's vacation leave credit is at, or will reach in 303
the immediately following pay period, the maximum of the accrual 304
for three years and the employee has been denied the use of 305
vacation leave. An employee is not entitled to receive payment for 306
vacation leave denied in any pay period in which the employee's 307
vacation leave credit is not at, or will not reach in the 308
immediately following pay period, the maximum of accrual for three 309
years. Any vacation leave for which an employee receives payment 310
shall be deducted from the employee's vacation leave balance. No 311
employee is eligible to receive payment for denied vacation leave 312
in either fiscal year 2010 or fiscal year 2011.313

       (D) The supreme court, general assembly, secretary of state, 314
auditor of state, treasurer of state, and attorney general may 315
establish by policy an alternate payment structure for employees 316
whose vacation leave credit is at, or will reach in the 317
immediately following pay period, the maximum of accrual for three 318
years and the employee has been denied the use of vacation leave. 319
An employee is not entitled to receive payment for vacation leave 320
denied in any pay period in which the employee's vacation leave 321
credit is not at, or will not reach in the immediately following 322
pay period, the maximum of accrual for three years. Any vacation 323
leave for which the employee receives payment shall be deducted 324
from the employee's vacation leave balance.325

        (E) Upon separation from state service, an employee granted 326
leave under this section is entitled to compensation at the 327
employee's current rate of pay for all unused vacation leave 328
accrued under this section or section 124.13 of the Revised Code 329
to the employee's credit. In case of transfer of an employee from 330
one state agency to another, the employee shall retain the accrued 331
and unused vacation leave. In case of the death of an employee, 332
the unused vacation leave shall be paid in accordance with section 333
2113.04 of the Revised Code, or to the employee's estate. An 334
employee serving in a temporary work level who is eligible to 335
receive compensation under this division shall be compensated at 336
the base rate of pay of the employee's normal classification.337

       (F) Notwithstanding any provision of Chapter 4117. of the 338
Revised Code to the contrary, no collective bargaining agreement 339
that is modified, renewed, extended, or entered into on or after 340
the effective date of this amendment shall provide vacation leave 341
in an amount greater than the vacation leave provided by this 342
section.343

       Sec. 124.14.  (A)(1) The director of administrative services 344
shall establish, and may modify or rescind, by rule, a job 345
classification plan for all positions, offices, and employments 346
the salaries of which are paid in whole or in part by the state. 347
The director shall group jobs within a classification so that the 348
positions are similar enough in duties and responsibilities to be 349
described by the same title, to have the same pay assigned with 350
equity, and to have the same qualifications for selection applied. 351
The director shall, by rule, assign a classification title to each 352
classification within the classification plan. However, the 353
director shall consider in establishing classifications, including 354
classifications with parenthetical titles, and assigning pay 355
ranges such factors as duties performed only on one shift, special 356
skills in short supply in the labor market, recruitment problems, 357
separation rates, comparative salary rates, the amount of training 358
required, and other conditions affecting employment. The director 359
shall describe the duties and responsibilities of the class, 360
establish the qualifications for being employed in each position 361
in the class, and file with the secretary of state a copy of 362
specifications for all of the classifications. The director shall 363
file new, additional, or revised specifications with the secretary 364
of state before they are used. 365

       The director shall, by rule, assign each classification, 366
either on a statewide basis or in particular counties or state 367
institutions, to a pay range established under section 124.15 or 368
section 124.152 of the Revised Code. The director may assign a 369
classification to a pay range on a temporary basis for a period of 370
six months. The director may establish, by rule adopted under 371
Chapter 119. of the Revised Code, experimental classification 372
plans for some or all employees paid directly by warrant of the 373
director of budget and management. The rule shall include 374
specifications for each classification within the plan and shall 375
specifically address compensation ranges, and methods for 376
advancing within the ranges, for the classifications, which may be 377
assigned to pay ranges other than the pay ranges established under 378
section 124.15 or 124.152 of the Revised Code.379

       (2) The director of administrative services may reassign to a 380
proper classification those positions that have been assigned to 381
an improper classification. If the compensation of an employee in 382
such a reassigned position exceeds the maximum rate of pay for the 383
employee's new classification, the employee shall be placed in pay 384
step X and shall not receive an increase in compensation until the 385
maximum rate of pay for that classification exceeds the employee's 386
compensation.387

       (3) The director may reassign an exempt employee, as defined 388
in section 124.152 of the Revised Code, to a bargaining unit 389
classification if the director determines that the bargaining unit 390
classification is the proper classification for that employee. 391
Notwithstanding Chapter 4117. of the Revised Code or instruments 392
and contracts negotiated under it, these placements are at the 393
director's discretion.394

        (4) The director shall, by rule, assign related 395
classifications, which form a career progression, to a 396
classification series. The director shall, by rule, assign each 397
classification in the classification plan a five-digit number, the 398
first four digits of which shall denote the classification series 399
to which the classification is assigned. When a career progression 400
encompasses more than ten classifications, the director shall, by 401
rule, identify the additional classifications belonging to a 402
classification series. The additional classifications shall be 403
part of the classification series, notwithstanding the fact that 404
the first four digits of the number assigned to the additional 405
classifications do not correspond to the first four digits of the 406
numbers assigned to other classifications in the classification 407
series.408

       (5) The director may establish, modify, or rescind a 409
classification plan for county agencies that elect not to use the 410
services and facilities of a county personnel department. The 411
director shall establish any such classification plan by means of 412
rules adopted under Chapter 119. of the Revised Code. The rules 413
shall include a methodology for the establishment of titles unique 414
to county agencies, the use of state classification titles and 415
classification specifications for common positions, the criteria 416
for a county to meet in establishing its own classification plan, 417
and the establishment of what constitutes a classification series 418
for county agencies. The director may assess a county agency that 419
chooses to use the classification plan a usage fee the director 420
determines. All usage fees the department of administrative 421
services receives shall be paid into the state treasury to the 422
credit of the human resources fund created in section 124.07 of 423
the Revised Code.424

       (B) Division (A) of this section and sections 124.15 and 425
124.152 of the Revised Code do not apply to the following persons, 426
positions, offices, and employments:427

       (1) Elected officials;428

       (2) Legislative employees, employees of the legislative 429
service commission, employees in the office of the governor, 430
employees who are in the unclassified civil service and exempt 431
from collective bargaining coverage in the office of the secretary 432
of state, auditor of state, treasurer of state, and attorney 433
general, and employees of the supreme court;434

       (3) Employees of a county children services board that 435
establishes compensation rates under section 5153.12 of the 436
Revised Code;437

       (4) Any position for which the authority to determine 438
compensation is given by law to another individual or entity;439

       (5) Employees of the bureau of workers' compensation whose 440
compensation the administrator of workers' compensation 441
establishes under division (B) of section 4121.121 of the Revised 442
Code.443

       (C) The director may employ a consulting agency to aid and 444
assist the director in carrying out this section.445

       (D)(1) When the director proposes to modify a classification 446
or the assignment of classes to appropriate pay ranges, the 447
director shall send written notice of the proposed rule to the 448
appointing authorities of the affected employees thirty days 449
before a hearing on the proposed rule. The appointing authorities 450
shall notify the affected employees regarding the proposed rule. 451
The director also shall send those appointing authorities notice 452
of any final rule that is adopted within ten days after adoption.453

       (2) When the director proposes to reclassify any employee so 454
that the employee is adversely affected, the director shall give 455
to the employee affected and to the employee's appointing 456
authority a written notice setting forth the proposed new 457
classification, pay range, and salary. Upon the request of any 458
classified employee who is not serving in a probationary period, 459
the director shall perform a job audit to review the 460
classification of the employee's position to determine whether the 461
position is properly classified. The director shall give to the 462
employee affected and to the employee's appointing authority a 463
written notice of the director's determination whether or not to 464
reclassify the position or to reassign the employee to another 465
classification. An employee or appointing authority desiring a 466
hearing shall file a written request for the hearing with the 467
state personnel board of review within thirty days after receiving 468
the notice. The board shall set the matter for a hearing and 469
notify the employee and appointing authority of the time and place 470
of the hearing. The employee, the appointing authority, or any 471
authorized representative of the employee who wishes to submit 472
facts for the consideration of the board shall be afforded 473
reasonable opportunity to do so. After the hearing, the board 474
shall consider anew the reclassification and may order the 475
reclassification of the employee and require the director to 476
assign the employee to such appropriate classification as the 477
facts and evidence warrant. As provided in division (A)(1) of 478
section 124.03 of the Revised Code, the board may determine the 479
most appropriate classification for the position of any employee 480
coming before the board, with or without a job audit. The board 481
shall disallow any reclassification or reassignment classification 482
of any employee when it finds that changes have been made in the 483
duties and responsibilities of any particular employee for 484
political, religious, or other unjust reasons.485

       (E)(1) Employees of each county department of job and family 486
services shall be paid a salary or wage established by the board 487
of county commissioners. The provisions of section 124.18 of the 488
Revised Code concerning the standard work week apply to employees 489
of county departments of job and family services. A board of 490
county commissioners may do either of the following:491

       (a) Notwithstanding any other section of the Revised Code, 492
supplement the sick leave, vacation leave, personal leave, and 493
other benefits of any employee of the county department of job and 494
family services of that county, if the employee is eligible for 495
the supplement under a written policy providing for the 496
supplement;497

       (b) Notwithstanding any other section of the Revised Code, 498
establish alternative schedules of sick leave, vacation leave, 499
personal leave, or other benefits for employees not inconsistent 500
with the provisions of a collective bargaining agreement covering 501
the affected employees.502

       (2) Division (E)(1) of this section does not apply to 503
employees for whom the state employment relations board 504
establishes appropriate bargaining units pursuant to section 505
4117.06 of the Revised Code, except in either of the following 506
situations:507

       (a) The employees for whom the state employment relations 508
board establishes appropriate bargaining units elect no 509
representative in a board-conducted representation election.510

       (b) After the state employment relations board establishes 511
appropriate bargaining units for such employees, all employee 512
organizations withdraw from a representation election.513

       (F)(1) Notwithstanding any contrary provision of sections 514
124.01 to 124.64 of the Revised Code, the board of trustees of 515
each state university or college, as defined in section 3345.12 of 516
the Revised Code, shall carry out all matters of governance 517
involving the officers and employees of the university or college, 518
including, but not limited to, the powers, duties, and functions 519
of the department of administrative services and the director of 520
administrative services specified in this chapter. Officers and 521
employees of a state university or college shall have the right of 522
appeal to the state personnel board of review as provided in this 523
chapter.524

       (2) Each board of trustees shall adopt rules under section 525
111.15 of the Revised Code to carry out the matters of governance 526
described in division (F)(1) of this section. Until the board of 527
trustees adopts those rules, a state university or college shall 528
continue to operate pursuant to the applicable rules adopted by 529
the director of administrative services under this chapter.530

       (G)(1) Each board of county commissioners may, by a 531
resolution adopted by a majority of its members, establish a 532
county personnel department to exercise the powers, duties, and 533
functions specified in division (G) of this section. As used in 534
division (G) of this section, "county personnel department" means 535
a county personnel department established by a board of county 536
commissioners under division (G)(1) of this section.537

       (2)(a) Each board of county commissioners, by a resolution 538
adopted by a majority of its members, may designate the county 539
personnel department of the county to exercise the powers, duties, 540
and functions specified in sections 124.01 to 124.64 and Chapter 541
325. of the Revised Code with regard to employees in the service 542
of the county, except for the powers and duties of the state 543
personnel board of review, which powers and duties shall not be 544
construed as having been modified or diminished in any manner by 545
division (G)(2) of this section, with respect to the employees for 546
whom the board of county commissioners is the appointing authority 547
or co-appointing authority. 548

       (b) Nothing in division (G)(2) of this section shall be 549
construed to limit the right of any employee who possesses the 550
right of appeal to the state personnel board of review to continue 551
to possess that right of appeal.552

       (c) Any board of county commissioners that has established a 553
county personnel department may contract with the department of 554
administrative services, another political subdivision, or an 555
appropriate public or private entity to provide competitive 556
testing services or other appropriate services.557

       (3) After the county personnel department of a county has 558
been established as described in division (G)(2) of this section, 559
any elected official, board, agency, or other appointing authority 560
of that county, upon written notification to the county personnel 561
department, may elect to use the services and facilities of the 562
county personnel department. Upon receipt of the notification by 563
the county personnel department, the county personnel department 564
shall exercise the powers, duties, and functions as described in 565
division (G)(2) of this section with respect to the employees of 566
that elected official, board, agency, or other appointing 567
authority. 568

       (4) Each board of county commissioners, by a resolution 569
adopted by a majority of its members, may disband the county 570
personnel department. 571

       (5) Any elected official, board, agency, or appointing 572
authority of a county may end its involvement with a county 573
personnel department upon actual receipt by the department of a 574
certified copy of the notification that contains the decision to 575
no longer participate.576

       (6) The director of administrative services may, by rule 577
adopted in accordance with Chapter 119. of the Revised Code, 578
prescribe criteria and procedures for the following:579

       (a) A requirement that each county personnel department, in 580
carrying out its duties, adhere to merit system principles with 581
regard to employees of county departments of job and family 582
services, child support enforcement agencies, and public child 583
welfare agencies so that there is no threatened loss of federal 584
funding for these agencies, and a requirement that the county be 585
financially liable to the state for any loss of federal funds due 586
to the action or inaction of the county personnel department. The 587
costs associated with audits conducted to monitor compliance with 588
division (G)(6)(a) of this section shall be reimbursed to the 589
department of administrative services as determined by the 590
director. All money the department receives for these audits shall 591
be paid into the state treasury to the credit of the human 592
resources fund created in section 124.07 of the Revised Code.593

       (b) Authorization for the director of administrative services 594
to conduct periodic audits and reviews of county personnel 595
departments to guarantee the uniform application of the powers, 596
duties, and functions exercised pursuant to division (G)(2)(a) of 597
this section. The costs of the audits and reviews shall be 598
reimbursed to the department of administrative services as 599
determined by the director by the county for which the services 600
are performed. All money the department receives shall be paid 601
into the state treasury to the credit of the human resources fund 602
created in section 124.07 of the Revised Code.603

       (H) The director of administrative services shall establish 604
the rate and method of compensation, based upon merit, for all 605
employees who are paid directly by warrant of the director of 606
budget and management and who are serving in positions that the 607
director of administrative services has determined impracticable 608
to include in the state job classification plan. This division 609
does not apply to elected officials, legislative employees, 610
employees of the legislative service commission, employees who are 611
in the unclassified civil service and exempt from collective 612
bargaining coverage in the office of the secretary of state, 613
auditor of state, treasurer of state, and attorney general, 614
employees of the courts, employees of the bureau of workers' 615
compensation whose compensation the administrator of workers' 616
compensation establishes under division (B) of section 4121.121 of 617
the Revised Code, or employees of an appointing authority 618
authorized by law to fix the compensation of those employees.619

       (I) The director shall set the rate of compensation for all 620
intermittent, seasonal, temporary, emergency, and casual employees 621
in the service of the state who are not considered public 622
employees under section 4117.01 of the Revised Code. Those 623
employees are not entitled to receive employee benefits. This rate 624
of compensation shall be equitable in terms of the rate of 625
employees serving in the same or similar classifications and shall 626
be based upon merit. This division does not apply to elected 627
officials, legislative employees, employees of the legislative 628
service commission, employees who are in the unclassified civil 629
service and exempt from collective bargaining coverage in the 630
office of the secretary of state, auditor of state, treasurer of 631
state, and attorney general, employees of the courts, employees of 632
the bureau of workers' compensation whose compensation the 633
administrator establishes under division (B) of section 4121.121 634
of the Revised Code, or employees of an appointing authority 635
authorized by law to fix the compensation of those employees.636

       Sec. 124.15.  (A) Board and commission members appointed 637
prior to July 1, 1991, shall be paid a salary or wage in 638
accordance withbased upon merit within the following schedules of 639
ratesranges:640

Schedule B641

Pay Ranges
and Step Values
642

Range Step 1 Minimum Step 2 Maximum Step 3 Step 4 643
23 Hourly 5.72 5.91 6.10 6.31 644
Annually 11897.60 12292.80 12688.00 13124.80 645
Step 5 Step 6 646
Hourly 6.52 6.75 647
Annually 13561.60 14040.00 648
Step 1 Step 2 Step 3 Step 4 649
24 Hourly 6.00 6.20 6.41 6.63 650
Annually 12480.00 12896.00 13332.80 13790.40 651
Step 5 Step 6 652
Hourly 6.87 7.10 653
Annually 14289.60 14768.00 654
Step 1 Step 2 Step 3 Step 4 655
25 Hourly 6.31 6.52 6.75 6.99 656
Annually 13124.80 13561.60 14040.00 14539.20 657
Step 5 Step 6 658
Hourly 7.23 7.41 659
Annually 15038.40 15412.80 660
Step 1 Step 2 Step 3 Step 4 661
26 Hourly 6.63 6.87 7.10 7.32 662
Annually 13790.40 14289.60 14768.00 15225.60 663
Step 5 Step 6 664
Hourly 7.53 7.77 665
Annually 15662.40 16161.60 666
Step 1 Step 2 Step 3 Step 4 667
27 Hourly 6.99 7.23 7.41 7.64 668
Annually 14534.20 15038.40 15412.80 15891.20 669
Step 5 Step 6 Step 7 670
Hourly 7.88 8.15 8.46 671
Annually 16390.40 16952.00 17596.80 672
Step 1 Step 2 Step 3 Step 4 673
28 Hourly 7.41 7.64 7.88 8.15 674
Annually 15412.80 15891.20 16390.40 16952.00 675
Step 5 Step 6 Step 7 676
Hourly 8.46 8.79 9.15 677
Annually 17596.80 18283.20 19032.00 678
Step 1 Step 2 Step 3 Step 4 679
29 Hourly 7.88 8.15 8.46 8.79 680
Annually 16390.40 16952.00 17596.80 18283.20 681
Step 5 Step 6 Step 7 682
Hourly 9.15 9.58 10.01 683
Annually 19032.00 19926.40 20820.80 684
Step 1 Step 2 Step 3 Step 4 685
30 Hourly 8.46 8.79 9.15 9.58 686
Annually 17596.80 18283.20 19032.00 19926.40 687
Step 5 Step 6 Step 7 688
Hourly 10.01 10.46 10.99 689
Annually 20820.80 21756.80 22859.20 690
Step 1 Step 2 Step 3 Step 4 691
31 Hourly 9.15 9.58 10.01 10.46 692
Annually 19032.00 19962.40 20820.80 21756.80 693
Step 5 Step 6 Step 7 694
Hourly 10.99 11.52 12.09 695
Annually 22859.20 23961.60 25147.20 696
Step 1 Step 2 Step 3 Step 4 697
32 Hourly 10.01 10.46 10.99 11.52 698
Annually 20820.80 21756.80 22859.20 23961.60 699
Step 5 Step 6 Step 7 Step 8 700
Hourly 12.09 12.68 13.29 13.94 701
Annually 25147.20 26374.40 27643.20 28995.20 702
Step 1 Step 2 Step 3 Step 4 703
33 Hourly 10.99 11.52 12.09 12.68 704
Annually 22859.20 23961.60 25147.20 26374.40 705
Step 5 Step 6 Step 7 Step 8 706
Hourly 13.29 13.94 14.63 15.35 707
Annually 27643.20 28995.20 30430.40 31928.00 708
Step 1 Step 2 Step 3 Step 4 709
34 Hourly 12.09 12.68 13.29 13.94 710
Annually 25147.20 26374.40 27643.20 28995.20 711
Step 5 Step 6 Step 7 Step 8 712
Hourly 14.63 15.35 16.11 16.91 713
Annually 30430.40 31928.00 33508.80 35172.80 714
Step 1 Step 2 Step 3 Step 4 715
35 Hourly 13.29 13.94 14.63 15.35 716
Annually 27643.20 28995.20 30430.40 31928.00 717
Step 5 Step 6 Step 7 Step 8 718
Hourly 16.11 16.91 17.73 18.62 719
Annually 33508.80 35172.80 36878.40 38729.60 720
Step 1 Step 2 Step 3 Step 4 721
36 Hourly 14.63 15.35 16.11 16.91 722
Annually 30430.40 31928.00 33508.80 35172.80 723
Step 5 Step 6 Step 7 Step 8 724
Hourly 17.73 18.62 19.54 20.51 725
Annually 36878.40 38729.60 40643.20 42660.80 726

Schedule C727

Pay Range and Values
728

Range Minimum Maximum 729
41 Hourly 10.44 15.72 730
Annually 21715.20 32697.60 731
42 Hourly 11.51 17.35 732
Annually 23940.80 36088.00 733
43 Hourly 12.68 19.12 734
Annually 26374.40 39769.60 735
44 Hourly 13.99 20.87 736
Annually 29099.20 43409.60 737
45 Hourly 15.44 22.80 738
Annually 32115.20 47424.00 739
46 Hourly 17.01 24.90 740
Annually 35380.80 51792.00 741
47 Hourly 18.75 27.18 742
Annually 39000.00 56534.40 743
48 Hourly 20.67 29.69 744
Annually 42993.60 61755.20 745
49 Hourly 22.80 32.06 746
Annually 47424.00 66684.80 747

       (B) The pay schedule of all employees shall be on a biweekly 748
basis, with amounts computed on an hourly basis.749

       (C) Part-time employees shall be compensated on an hourly 750
basis for time worked, at the rates shown inas required by751
division (A) of this section or inby section 124.152 of the 752
Revised Code.753

       (D) The salary and wage rates indetermined under division 754
(A) of this section or inunder section 124.152 of the Revised 755
Code represent base rates of compensation and may be augmented by 756
the provisions of section 124.181 of the Revised Code. In those 757
cases where lodging, meals, laundry, or other personal services 758
are furnished an employee in the service of the state, the actual 759
costs or fair market value of the personal services shall be paid 760
by the employee in such amounts and manner as determined by the 761
director of administrative services and approved by the director 762
of budget and management, and those personal services shall not be 763
considered as a part of the employee's compensation. An appointing 764
authority that appoints employees in the service of the state, 765
with the approval of the director of administrative services and 766
the director of budget and management, may establish payments to 767
employees for uniforms, tools, equipment, and other requirements 768
of the department and payments for the maintenance of them.769

       The director of administrative services may review collective 770
bargaining agreements entered into under Chapter 4117. of the 771
Revised Code that cover employees in the service of the state and 772
determine whether certain benefits or payments provided to the 773
employees covered by those agreements should also be provided to 774
employees in the service of the state who are exempt from 775
collective bargaining coverage and are paid in accordance with 776
section 124.152 of the Revised Code or are listed in division 777
(B)(2) or (4) of section 124.14 of the Revised Code. On completing 778
the review, the director of administrative services, with the 779
approval of the director of budget and management, may provide to 780
some or all of these employees any payment or benefit, except for 781
salary, contained in such a collective bargaining agreement even 782
if it is similar to a payment or benefit already provided by law 783
to some or all of these employees. Any payment or benefit so 784
provided shall not exceed the highest level for that payment or 785
benefit specified in such a collective bargaining agreement. The 786
director of administrative services shall not provide, and the 787
director of budget and management shall not approve, any payment 788
or benefit to such an employee under this division unless the 789
payment or benefit is provided pursuant to a collective bargaining 790
agreement to a state employee who is in a position with similar 791
duties as, is supervised by, or is employed by the same appointing 792
authority as, the employee to whom the benefit or payment is to be 793
provided.794

       As used in this division, "payment or benefit already 795
provided by law" includes, but is not limited to, bereavement, 796
personal, vacation, administrative, and sick leave, disability 797
benefits, holiday pay, and pay supplements provided under the 798
Revised Code, but does not include wages or salary.799

       (E) New employees paid in accordance with schedule B of 800
division (A) of this section or schedule E-1 of section 124.152 of 801
the Revised Code shall be employed at the minimum rate established 802
for the range unless otherwise provided. Employees with 803
qualifications that are beyond the minimum normally required for 804
the position and that are determined by the director to be 805
exceptional may be employed in, or may be transferred or promoted 806
to, a position at an advanced step ofhigher salary or wage in the 807
range. Further, in time of a serious labor market condition when 808
it is relatively impossible to recruit employees at the minimum 809
rate for a particular classification, the entrance rate may be set 810
at an advanced stepa higher salary or wage in the range by the 811
director of administrative services. This rate may be limited to 812
geographical regions of the state. Appointments made to an 813
advanced stepa higher salary or wage under the provision 814
regarding exceptional qualifications shall not affect the step 815
assignmentsalary or wage of employees already serving. However, 816
anytime the hiring rate of an entire classification is advanced to 817
a higher stepsalary or wage, all incumbents of that 818
classification being paid at a step lower salary or wage than that 819
being used for hiring, shall be advanced beginning at the start of 820
the first pay period thereafter to the new hiring rate, and any 821
time accrued at the lower step will be used to calculate 822
advancement to a succeeding step. If the hiring rate of a 823
classification is increased for only a geographical region of the 824
state, only incumbents who work in that geographical region shall 825
be advanced to a higher stepsalary or wage. When an employee in 826
the unclassified service changes from one state position to 827
another or is appointed to a position in the classified service, 828
or if an employee in the classified service is appointed to a 829
position in the unclassified service, the employee's salary or 830
wage in the new position shall be determined in the same manner as 831
if the employee were an employee in the classified service. When 832
an employee in the unclassified service who is not eligible for 833
step increases is appointed to a classification in the classified 834
service under which step increases are provided, future step 835
increases shall be based on the date on which the employee last 836
received a pay increase. If the employee has not received an 837
increase during the previous year, the date of the appointment to 838
the classified service shall be used to determine the employee's 839
annual step advancement eligibility date. In reassigning any 840
employee to a classification resulting in a pay range increase or 841
to a new pay range as a result of a promotion, an increase pay 842
range adjustment, or other classification change resulting in a 843
pay range increase, the director shall assign such employee to the 844
stepa salary or wage in the new pay range that will provide an 845
increase of approximately four per cent if the new pay range can 846
accommodate the increase. When an employee is being assigned to a 847
classification or new pay range as the result of a class plan 848
change, if the employee has completed a probationary period, the 849
employee shall be placed in a step no lower than step two of the 850
new pay range. If the employee has not completed a probationary 851
period, the employee may be placed in step one of the new pay 852
range. Such new salary or wage shall become effective on such date 853
as the director determines.854

       (F) If employment conditions and the urgency of the work 855
require such action, the director of administrative services may, 856
upon the application of a department head, authorize payment at 857
any rate established within the range for the class of work, for 858
work of a casual or intermittent nature or on a project basis. 859
Payment at such rates shall not be made to the same individual for 860
more than three calendar months in any one calendar year. Any such 861
action shall be subject to the approval of the director of budget 862
and management as to the availability of funds. This section and 863
sections 124.14 and 124.152 of the Revised Code do not repeal any 864
authority of any department or public official to contract with or 865
fix the compensation of professional persons who may be employed 866
temporarily for work of a casual nature or for work on a project 867
basis.868

       (G)(1) Except as provided in divisionsdivision (G)(2) and 869
(3) of this section, each state employee paid in accordance with 870
schedule B of this section or schedule E-1 of section 124.152 of 871
the Revised Code shall be eligible for advancement to succeeding 872
stepshigher salaries or wages in the range for the employee's 873
class or grade according to the schedule established in this 874
division. Beginning on the first day of the pay period within 875
which the employee completes the prescribed probationary period in 876
the employee's classification with the state, each employee shall 877
receive an automatic salary adjustment equivalent to the next 878
higher step within the pay range for the employee's class or 879
grade.880

        Except as provided in divisions (G)(2) and (3) of this 881
section, each employee paid in accordance with schedule E-1 of 882
section 124.152 of the Revised Code shall be eligible to advance 883
to the next higher stepa higher salary or wage until the employee 884
reaches the top stepsalary or wage in the range for the 885
employee's class or grade, if the employee has maintained 886
satisfactory performance in accordance with criteria established 887
by the employee's appointing authority. Those step advancements 888
shall not occur more frequently than once in any twelve-month 889
period and shall be based upon merit.890

       When an employee is promoted, the step entry date shall be 891
set to account for a probationary period. When an employee is 892
reassigned to a higher pay range, the step entry date shall be set 893
to allow an employee who is not at the highest step of the range 894
to receive a step advancement one year from the reassignment date. 895
Step advancement shall not be affected by demotion. A promoted 896
employee shall advance to the next higher step of the pay range on 897
the first day of the pay period in which the required probationary 898
period is completed. Step advancement shall become effective at 899
the beginning of the pay period within which the employee attains 900
the necessary length of service. Time spent on authorized leave of 901
absence shall be counted for this purpose.902

       If determined to be in the best interest of the state 903
service, the director of administrative services may, either 904
statewide or in selected agencies, adjust the dates on which 905
annual step advancements are received by employees paid in 906
accordance with schedule E-1 of section 124.152 of the Revised 907
Code.908

       (2)(a) There shall be a moratorium on annual step 909
advancements under division (G)(1) of this section beginning June 910
21, 2009, through June 20, 2011. Step advancements shall resume 911
with the pay period beginning June 21, 2011. Upon the resumption 912
of step advancements, there shall be no retroactive step 913
advancements for the period the moratorium was in effect. The 914
moratorium shall not affect an employee's performance evaluation 915
schedule.916

       An employee who begins a probationary period before June 21, 917
2009, shall advance to the next step in the employee's pay range 918
at the end of probation, and then become subject to the 919
moratorium. An employee who is hired, promoted, or reassigned to a 920
higher pay range between June 21, 2009, through June 20, 2011, 921
shall not advance to the next step in the employee's pay range 922
until the next anniversary of the employee's date of hire, 923
promotion, or reassignment that occurs on or after June 21, 2011.924

       (b) The moratorium under division (G)(2)(a) of this section 925
shall apply to the employees of the secretary of state, the 926
auditor of state, the treasurer of state, and the attorney 927
general, who are subject to this section unless the secretary of 928
state, the auditor of state, the treasurer of state, or the 929
attorney general decides to exempt the office's employees from the 930
moratorium and so notifies the director of administrative services 931
in writing on or before July 1, 2009.932

       (3) Employees in intermittent positions shall be employed at 933
the minimum rate established for the pay range for their 934
classification and are not eligible for step advancements.935

       (H) Employees in appointive managerial or professional 936
positions paid in accordance with schedule C of this section or 937
schedule E-2 of section 124.152 of the Revised Code may be 938
appointed at any rate within the appropriate pay range. This rate 939
of pay may be adjusted higher or lower within the respective pay 940
range at any time the appointing authority so desires as long as 941
the adjustment is based on the employee's ability to successfully 942
administer those duties assigned to the employee. Salary 943
adjustments shall not be made more frequently than once in any 944
six-month period under this provision to incumbents holding the 945
same position and classification.946

       (I) When an employee is assigned to duty outside this state, 947
the employee may be compensated, upon request of the department 948
head and with the approval of the director of administrative 949
services, at a rate not to exceed fifty per cent in excess of the 950
employee's current base rate for the period of time spent on that 951
duty.952

       (J) Unless compensation for members of a board or commission 953
is otherwise specifically provided by law, the director of 954
administrative services shall establish the rate and method of 955
payment for members of boards and commissions pursuant to the pay 956
schedules listed in section 124.152 of the Revised Code.957

       (K) Regular full-time employees in positions assigned to 958
classes within the instruction and education administration series 959
under the rules of the director of administrative services, except 960
certificated employees on the instructional staff of the state 961
school for the blind or the state school for the deaf, whose 962
positions are scheduled to work on the basis of an academic year 963
rather than a full calendar year, shall be paid according to the 964
pay range assigned by such rules but only during those pay periods 965
included in the academic year of the school where the employee is 966
located.967

       (1) Part-time or substitute teachers or those whose period of 968
employment is other than the full academic year shall be 969
compensated for the actual time worked at the rate established by 970
this section.971

       (2) Employees governed by this division are exempt from 972
sections 124.13 and 124.19 of the Revised Code.973

       (3) Length of service for the purpose of determining 974
eligibility for step advancements as provided by division (G) of 975
this section and for the purpose of determining eligibility for 976
longevity pay supplements as provided by division (E) of section 977
124.181 of the Revised Code shall be computed on the basis of one 978
full year of service for the completion of each academic year.979

       (L) The superintendent of the state school for the deaf and 980
the superintendent of the state school for the blind shall, 981
subject to the approval of the superintendent of public 982
instruction, carry out both of the following:983

       (1) Annually, between the first day of April and the last day 984
of June, establish for the ensuing fiscal year a schedule of 985
hourly ratesrate ranges for the compensation of each certificated 986
employee on the instructional staff of that superintendent's 987
respective school constructed as follows:988

       (a) Determine for each level of training, experience, and 989
other professional qualification for which an hourly rate is set 990
forth in the current schedule, the per cent that rate is of the 991
rate set forth in such schedule for a teacher with a bachelor's 992
degree and no experience. If there is more than one such rate for 993
such a teacher, the lowest rate shall be used to make the 994
computation.995

       (b) Determine which six city, local, and exempted village 996
school districts with territory in Franklin county have in effect 997
on, or have adopted by, the first day of April for the school year 998
that begins on the ensuing first day of July, teacher salary 999
schedules with the highest minimum salaries for a teacher with a 1000
bachelor's degree and no experience;1001

       (c) Divide the sum of such six highest minimum salaries by 1002
ten thousand five hundred sixty;1003

       (d) Multiply each per cent determined in division (L)(1)(a) 1004
of this section by the quotient obtained in division (L)(1)(c) of 1005
this section;1006

       (e) One hundred five per cent of each product thus obtained 1007
shall be the hourly rate for the corresponding level of training, 1008
experience, or other professional qualification in the schedule 1009
for the ensuing fiscal year.1010

       (2) Annually, assign each certificated employee on the 1011
instructional staff of the superintendent's respective school to 1012
an hourly rate on the schedule that is commensurate with the 1013
employee's training, experience, and other professional 1014
qualifications.1015

       If an employee is employed on the basis of an academic year, 1016
the employee's annual salary shall be calculated by multiplying 1017
the employee's assigned hourly rate times one thousand seven 1018
hundred sixty. If an employee is not employed on the basis of an 1019
academic year, the employee's annual salary shall be calculated in 1020
accordance with the following formula:1021

       (a) Multiply the number of days the employee is required to 1022
work pursuant to the employee's contract by eight;1023

       (b) Multiply the product of division (L)(2)(a) of this 1024
section by the employee's assigned hourly rate.1025

       Each employee shall be paid an annual salary in biweekly 1026
installments. The amount of each installment shall be calculated 1027
by dividing the employee's annual salary by the number of biweekly 1028
installments to be paid during the year.1029

       Sections 124.13 and 124.19 of the Revised Code do not apply 1030
to an employee who is paid under this division.1031

       As used in this division, "academic year" means the number of 1032
days in each school year that the schools are required to be open 1033
for instruction with pupils in attendance. Upon completing an 1034
academic year, an employee paid under this division shall be 1035
deemed to have completed one year of service. An employee paid 1036
under this division is eligible to receive a pay supplement under 1037
division (L)(K)(1), (2), or (3) of section 124.181 of the Revised 1038
Code for which the employee qualifies, but is not eligible to 1039
receive a pay supplement under division (L)(K)(4) or (5) of that 1040
section. An employee paid under this division is eligible to 1041
receive a pay supplement under division (L)(K)(6) of section 1042
124.181 of the Revised Code for which the employee qualifies, 1043
except that the supplement is not limited to a maximum of five per 1044
cent of the employee's regular base salary in a calendar year.1045

       (M) Division (A) of this section does not apply to "exempt 1046
employees," as defined in section 124.152 of the Revised Code, who 1047
are paid under that section.1048

       Notwithstanding any other provisions of this chapter, when an 1049
employee transfers between bargaining units or transfers out of or 1050
into a bargaining unit, the director of administrative services 1051
shall establish the employee's compensation and adjust the maximum 1052
leave accrual schedule as the director deems equitable.1053

       Sec. 124.152.  (A)(1) Except as provided in divisions (A)(2) 1054
and (3) of this section, each exempt employee shall be paid a 1055
salary or wage in accordance with schedule E-1 or schedule E-2 of 1056
division (B) of this section.1057

       (2) Each exempt employee who holds a position in the 1058
unclassified civil service pursuant to division (A)(26) or (30) of 1059
section 124.11 of the Revised Code may be paid a salary or wage in 1060
accordance with schedule E-1, schedule E-1 for step seven only, or 1061
schedule E-2 of division (B) or (C) of this section, as 1062
applicable.1063

       (3)(a) Except as provided in division (A)(3)(b) of this 1064
section, each exempt employee who was paid a salary or wage at 1065
step 7 in the employee's pay range on June 28, 2003, in accordance 1066
with the applicable schedule E-1 of former section 124.152 of the 1067
Revised Code and who continued to be so paid on June 29, 2003, 1068
shall be paid a salary or wage in the corresponding pay range in 1069
schedule E-1 for step seven only of division (C) of this section 1070
for as long as the employee remains in the position the employee 1071
held as of July 1, 2003.1072

       (b) Except as provided in division (A)(3)(c) of this section, 1073
if an exempt employee who is being paid a salary or wage in 1074
accordance with schedule E-1 for step seven only of division (C) 1075
of this section moves to another position, the employee shall not 1076
receive a salary or wage for that position or any other position 1077
in the future in accordance with that schedule.1078

        (c) If an exempt employee who is being paid a salary or wage 1079
in accordance with schedule E-1 for step seven only of division 1080
(C) of this section moves to another position assigned to pay 1081
range 12 or above, the appointing authority may assign the 1082
employee to be paid a salary or wage in the appropriate pay range 1083
for that position in accordance with the schedule E-1 for step 1084
seven only of division (C) of this section, provided that the 1085
appointing authority so notifies the director of administrative 1086
services in writing at the time the employee is appointed to that 1087
position.1088

        (B) Beginning on the first day of the pay period that 1089
includes July 1, 2008the effective date of the amendment of this 1090
section by S.B. 5 of the 129th general assembly, each exempt 1091
employee who must be paid in accordance with schedule E-1 or 1092
schedule E-2 of this section shall be paid a salary or wage in 1093
accordance with, based upon merit, within the following schedule 1094
of ratesranges:1095

Schedule E-11096

Pay Ranges
and Step Values
1097

Step Step Step Step Step Step 1098
Range 1 Minimum 2 Maximum 3 4 5 6 1099
1 Hourly 10.07 10.52 10.97 11.44 1100
Annually 20946 21882 22818 23795 1101
2 Hourly 12.21 12.73 13.28 13.86 1102
Annually 25397 26478 27622 28829 1103
3 Hourly 12.79 13.37 13.96 14.57 1104
Annually 26603 27810 29037 30306 1105
4 Hourly 13.43 14.03 14.70 15.36 1106
Annually 27934 29182 30576 31949 1107
5 Hourly 14.09 14.73 15.36 16.03 1108
Annually 29307 30638 31949 33342 1109
6 Hourly 14.85 15.46 16.15 16.81 1110
Annually 30888 32157 33592 34965 1111
7 Hourly 15.77 16.35 17.02 17.62 18.30 1112
Annually 32802 34008 35402 36650 38064 1113
8 Hourly 16.66 17.40 18.15 18.97 19.78 1114
Annually 34653 36192 37752 39458 41142 1115
9 Hourly 17.78 18.70 19.62 20.60 21.65 1116
Annually 36982 38896 40810 42848 45032 1117
10 Hourly 19.19 20.23 21.32 22.55 23.76 1118
Annually 39915 42078 44346 46904 49421 1119
11 Hourly 20.89 22.11 23.39 24.71 26.11 1120
Annually 43451 45989 48651 51397 54309 1121
12 Hourly 23.04 24.34 25.65 27.07 28.58 30.13 1122
Annually 47923 50627 53352 56306 59446 62670 1123
13 Hourly 25.40 26.80 28.27 29.78 31.45 33.16 1124
Annually 52832 55744 58802 61942 65416 68973 1125
14 Hourly 27.93 29.51 31.10 32.80 34.65 36.59 1126
Annually 58094 61381 64688 68224 72072 76107 1127
15 Hourly 30.68 32.41 34.24 36.12 38.13 40.22 1128
Annually 63814 67413 71219 75130 79310 83658 1129
16 Hourly 33.83 35.71 37.67 39.79 41.98 44.38 1130
Annually 70366 74277 78354 82763 87318 92310 1131
17 Hourly 37.28 39.34 41.54 43.83 46.27 48.86 1132
Annually 77542 81827 86403 91166 96242 101629 1133
18 Hourly 41.08 43.36 45.80 48.31 50.99 53.84 1134
Annually 85446 90189 95264 100485 106059 111987 1135

Schedule E-21136

Range Minimum Maximum 1137
41 Hourly 16.23 37.25 1138
Annually 33758 77480 1139
42 Hourly 17.89 41.14 1140
Annually 37211 85571 1141
43 Hourly 19.70 45.31 1142
Annually 40976 94245 1143
44 Hourly 21.73 49.50 1144
Annually 45198 102960 1145
45 Hourly 24.01 54.04 1146
Annually 49941 112403 1147
46 Hourly 26.43 59.06 1148
Annually 54974 122845 1149
47 Hourly 29.14 64.45 1150
Annually 60611 134056 1151
48 Hourly 32.14 70.33 1152
Annually 66851 146286 1153
49 Hourly 35.44 75.94 1154
Annually 73715 157955 1155

       (C) Beginning on the first day of the pay period that 1156
includes July 1, 2008, each exempt employee who must be paid in 1157
accordance with salary schedule E-1 for step seven only shall be 1158
paid a salary or wage in accordance with the following schedule of 1159
rates:1160

Schedule E-1 for Step Seven Only1161

Pay Ranges
and Step Values
1162

Range 1163
12 Hourly 31.80 1164
Annually 66144 1165
13 Hourly 34.98 1166
Annually 72758 1167
14 Hourly 38.57 1168
Annually 80226 1169
15 Hourly 42.44 1170
Annually 88275 1171
16 Hourly 46.81 1172
Annually 97365 1173
17 Hourly 51.55 1174
Annually 107224 1175
18 Hourly 56.80 1176
Annually 118144 1177

       (D) As used in this section, "exempt employee" means a 1178
permanent full-time or permanent part-time employee paid directly 1179
by warrant of the director of budget and management whose position 1180
is included in the job classification plan established under 1181
division (A) of section 124.14 of the Revised Code but who is not 1182
considered a public employee for the purposes of Chapter 4117. of 1183
the Revised Code. As used in this section, "exempt employee" also 1184
includes a permanent full-time or permanent part-time employee of 1185
the secretary of state, auditor of state, treasurer of state, or 1186
attorney general who has not been placed in an appropriate 1187
bargaining unit by the state employment relations board.1188

       Sec. 124.181.  (A) Except as provided in divisions (M)(L)1189
and (P)(N) of this section, any employee paid in accordance with 1190
schedule B of section 124.15 or schedule E-1 or schedule E-1 for 1191
step seven only of section 124.152 of the Revised Code is eligible 1192
for the pay supplements provided in this section upon application 1193
by the appointing authority substantiating the employee's 1194
qualifications for the supplement and with the approval of the 1195
director of administrative services except as provided in division 1196
(E) of this section.1197

       (B)(1) Except as provided in section 124.183 of the Revised 1198
Code, in computing any of the pay supplements provided in this 1199
section for an employee paid in accordance with schedule B of 1200
section 124.15 of the Revised Code, the classification salary base 1201
shall be the minimum hourly rate of the pay range, provided in 1202
that section, in which the employee is assigned at the time of 1203
computation.1204

       (2) Except as provided in section 124.183 of the Revised 1205
Code, in computing any of the pay supplements provided in this 1206
section for an employee paid in accordance with schedule E-1 of 1207
section 124.152 of the Revised Code, the classification salary 1208
base shall be the minimum hourly rate of the pay range, provided 1209
in that section, in which the employee is assigned at the time of 1210
computation.1211

       (3) Except as provided in section 124.183 of the Revised 1212
Code, in computing any of the pay supplements provided in this 1213
section for an employee paid in accordance with schedule E-1 for 1214
step seven only of section 124.152 of the Revised Code, the 1215
classification salary base shall be the minimum hourly rate in the 1216
corresponding pay range, provided in schedule E-1 of that section, 1217
to which the employee is assigned at the time of the computation.1218

       (C) The effective date of any pay supplement, except as 1219
provided in section 124.183 of the Revised Code or unless 1220
otherwise provided in this section, shall be determined by the 1221
director.1222

       (D) The director shall, by rule, establish standards 1223
regarding the administration of this section.1224

       (E)(1) Except as otherwise provided in this division, 1225
beginning on the first day of the pay period within which the 1226
employee completes five years of total service with the state 1227
government or any of its political subdivisions, each employee in 1228
positions paid in accordance with schedule B of section 124.15 of 1229
the Revised Code or in accordance with schedule E-1 or schedule 1230
E-1 for step seven only of section 124.152 of the Revised Code 1231
shall receive an automatic salary adjustment equivalent to two and 1232
one-half per cent of the classification salary base, to the 1233
nearest whole cent. Each employee shall receive thereafter an 1234
annual adjustment equivalent to one-half of one per cent of the 1235
employee's classification salary base, to the nearest whole cent, 1236
for each additional year of qualified employment until a maximum 1237
of ten per cent of the employee's classification salary base is 1238
reached. The granting of longevity adjustments shall not be 1239
affected by promotion, demotion, or other changes in 1240
classification held by the employee, nor by any change in pay 1241
range for the employee's class or grade. Longevity pay adjustments 1242
shall become effective at the beginning of the pay period within 1243
which the employee completes the necessary length of service, 1244
except that when an employee requests credit for prior service, 1245
the effective date of the prior service credit and of any 1246
longevity adjustment shall be the first day of the pay period 1247
following approval of the credit by the director of administrative 1248
services. No employee, other than an employee who submits proof of 1249
prior service within ninety days after the date of the employee's 1250
hiring, shall receive any longevity adjustment for the period 1251
prior to the director's approval of a prior service credit. Time 1252
spent on authorized leave of absence shall be counted for this 1253
purpose.1254

       (2) An employee who has retired in accordance with the 1255
provisions of any retirement system offered by the state and who 1256
is employed by the state or any political subdivision of the state 1257
on or after June 24, 1987, shall not have prior service with the 1258
state or any political subdivision of the state counted for the 1259
purpose of determining the amount of the salary adjustment 1260
provided under this division.1261

       (3) There shall be a moratorium on employees' receipt under 1262
this division of credit for service with the state government or 1263
any of its political subdivisions during the period from July 1, 1264
2003, through June 30, 2005. In calculating the number of years of 1265
total service under this division, no credit shall be included for 1266
service during the moratorium. The moratorium shall apply to the 1267
employees of the secretary of state, the auditor of state, the 1268
treasurer of state, and the attorney general, who are subject to 1269
this section unless the secretary of state, the auditor of state, 1270
the treasurer of state, or the attorney general decides to exempt 1271
the office's employees from the moratorium and so notifies the 1272
director of administrative services in writing on or before July 1273
1, 2003.1274

       If an employee is exempt from the moratorium, receives credit 1275
for a period of service during the moratorium, and takes a 1276
position with another entity in the state government or any of its 1277
political subdivisions, either during or after the moratorium, and 1278
if that entity's employees are or were subject to the moratorium, 1279
the employee shall continue to retain the credit. However, if the 1280
moratorium is in effect upon the taking of the new position, the 1281
employee shall cease receiving additional credit as long as the 1282
employee is in the position, until the moratorium expires.1283

       (F) When an exceptional condition exists that creates a 1284
temporary or a permanent hazard for one or more positions in a 1285
class paid in accordance with schedule B of section 124.15 of the 1286
Revised Code or in accordance with schedule E-1 or schedule E-1 1287
for step seven only of section 124.152 of the Revised Code, a 1288
special hazard salary adjustment may be granted for the time the 1289
employee is subjected to the hazardous condition. All special 1290
hazard conditions shall be identified for each position and 1291
incidence from information submitted to the director on an 1292
appropriate form provided by the director and categorized into 1293
standard conditions of: some unusual hazard not common to the 1294
class; considerable unusual hazard not common to the class; and 1295
exceptional hazard not common to the class.1296

       (1) A hazardous salary adjustment of five per cent of the 1297
employee's classification salary base may be applied in the case 1298
of some unusual hazardous condition not common to the class for 1299
those hours worked, or a fraction of those hours worked, while the 1300
employee was subject to the unusual hazard condition.1301

       (2) A hazardous salary adjustment of seven and one-half per 1302
cent of the employee's classification salary base may be applied 1303
in the case of some considerable hazardous condition not common to 1304
the class for those hours worked, or a fraction of those hours 1305
worked, while the employee was subject to the considerable hazard 1306
condition.1307

       (3) A hazardous salary adjustment of ten per cent of the 1308
employee's classification salary base may be applied in the case 1309
of some exceptional hazardous condition not common to the class 1310
for those hours worked, or a fraction of those hours worked, when 1311
the employee was subject to the exceptional hazard condition.1312

       (4) Each claim for temporary hazard pay shall be submitted as 1313
a separate payment and shall be subject to an administrative audit 1314
by the director as to the extent and duration of the employee's 1315
exposure to the hazardous condition.1316

       (G)(F) When a full-time employee whose salary or wage is paid 1317
directly by warrant of the director of budget and management and 1318
who also is eligible for overtime under the "Fair Labor Standards 1319
Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, is 1320
ordered by the appointing authority to report back to work after 1321
termination of the employee's regular work schedule and the 1322
employee reports, the employee shall be paid for such time. The 1323
employee shall be entitled to four hours at the employee's total 1324
rate of pay or overtime compensation for the actual hours worked, 1325
whichever is greater. This division does not apply to work that is 1326
a continuation of or immediately preceding an employee's regular 1327
work schedule.1328

       (H)(G) When a certain position or positions paid in 1329
accordance with schedule B of section 124.15 of the Revised Code 1330
or in accordance with schedule E-1 or schedule E-1 for step seven 1331
only of section 124.152 of the Revised Code require the ability to 1332
speak or write a language other than English, a special pay 1333
supplement may be granted to attract bilingual individuals, to 1334
encourage present employees to become proficient in other 1335
languages, or to retain qualified bilingual employees. The 1336
bilingual pay supplement provided in this division may be granted 1337
in the amount of five per cent of the employee's classification 1338
salary base for each required foreign language and shall remain in 1339
effect as long as the bilingual requirement exists.1340

       (I)(H) The director of administrative services may establish 1341
a shift differential for employees. The differential shall be paid 1342
to employees in positions working in other than the regular or 1343
first shift. In those divisions or agencies where only one shift 1344
prevails, no shift differential shall be paid regardless of the 1345
hours of the day that are worked. The director and the appointing 1346
authority shall designate which positions shall be covered by this 1347
division.1348

       (J)(I) Whenever an employee is assigned to work in a higher 1349
level position for a continuous period of more than two weeks but 1350
no more than two years because of a vacancy, the employee's pay 1351
may be established at a rate that is approximately four per cent 1352
above the employee's current base rate for the period the employee 1353
occupies the position, provided that this temporary occupancy is 1354
approved by the director. Employees paid under this division shall 1355
continue to receive any of the pay supplements due them under 1356
other divisions of this section based on the step one1357
classification salary base rate for their normal classification.1358

       (K)(J) If a certain position, or positions, within a class 1359
paid in accordance with schedule B of section 124.15 of the 1360
Revised Code or in accordance with schedule E-1 or schedule E-1 1361
for step seven only of section 124.152 of the Revised Code are 1362
mandated by state or federal law or regulation or other regulatory 1363
agency or other certification authority to have special technical 1364
certification, registration, or licensing to perform the functions 1365
which are under the mandate, a special professional achievement 1366
pay supplement may be granted. This special professional 1367
achievement pay supplement shall not be granted when all 1368
incumbents in all positions in a class require a license as 1369
provided in the classification description published by the 1370
department of administrative services; to licensees where no 1371
special or extensive training is required; when certification is 1372
granted upon completion of a stipulated term of in-service 1373
training; when an appointing authority has required certification; 1374
or any other condition prescribed by the director.1375

       (1) Before this supplement may be applied, evidence as to the 1376
requirement must be provided by the agency for each position 1377
involved, and certification must be received from the director as 1378
to the director's concurrence for each of the positions so 1379
affected.1380

       (2) The professional achievement pay supplement provided in 1381
this division shall be granted in an amount up to ten per cent of 1382
the employee's classification salary base and shall remain in 1383
effect as long as the mandate exists.1384

       (L)(K) Those employees assigned to teaching supervisory, 1385
principal, assistant principal, or superintendent positions who 1386
have attained a higher educational level than a basic bachelor's 1387
degree may receive an educational pay supplement to remain in 1388
effect as long as the employee's assignment and classification 1389
remain the same.1390

       (1) An educational pay supplement of two and one-half per 1391
cent of the employee's classification salary base may be applied 1392
upon the achievement of a bachelor's degree plus twenty quarter 1393
hours of postgraduate work.1394

       (2) An educational pay supplement of an additional five per 1395
cent of the employee's classification salary base may be applied 1396
upon achievement of a master's degree.1397

       (3) An educational pay supplement of an additional two and 1398
one-half per cent of the employee's classification salary base may 1399
be applied upon achievement of a master's degree plus thirty 1400
quarter hours of postgraduate work.1401

       (4) An educational pay supplement of five per cent of the 1402
employee's classification salary base may be applied when the 1403
employee is performing as a master teacher.1404

       (5) An educational pay supplement of five per cent of the 1405
employee's classification salary base may be applied when the 1406
employee is performing as a special education teacher.1407

       (6) Those employees in teaching supervisory, principal, 1408
assistant principal, or superintendent positions who are 1409
responsible for specific extracurricular activity programs shall 1410
receive overtime pay for those hours worked in excess of their 1411
normal schedule, at their straight time hourly rate up to a 1412
maximum of five per cent of their regular base salary in any 1413
calendar year.1414

       (M)(L)(1) A state agency, board, or commission may establish 1415
a supplementary compensation schedule based upon merit for those 1416
licensed physicians employed by the agency, board, or commission 1417
in positions requiring a licensed physician. The supplementary 1418
compensation schedule, together with the compensation otherwise 1419
authorized by this chapter, shall provide for the total 1420
compensation for these employees to range appropriately, but not 1421
necessarily uniformly, for each classification title requiring a 1422
licensed physician, in accordance with a schedule approved by the 1423
state controlling board. The individual salary levels recommended 1424
for each such physician employed shall be approved by the 1425
director. Notwithstanding section 124.11 of the Revised Code, such 1426
personnel are in the unclassified civil service.1427

       (2) The director of administrative services may approve 1428
supplementary compensation for the director of health, if the 1429
director is a licensed physician, in accordance with a 1430
supplementary compensation schedule approved under division 1431
(M)(L)(1) of this section or in accordance with another 1432
supplementary compensation schedule the director of administrative 1433
services considers appropriate. The supplementary compensation 1434
shall not exceed twenty per cent of the director of health's base 1435
rate of pay.1436

       (N) Notwithstanding sections 117.28, 117.30, 117.33, 117.36, 1437
117.42, and 131.02 of the Revised Code, the state shall not 1438
institute any civil action to recover and shall not seek 1439
reimbursement for overpayments made in violation of division (E) 1440
of this section or division (C) of section 9.44 of the Revised 1441
Code for the period starting after June 24, 1987, and ending on 1442
October 31, 1993.1443

       (O)(M) Employees of the office of the treasurer of state who 1444
are exempt from collective bargaining coverage may be granted a 1445
merit pay supplement of up to one and one-half per cent of their 1446
stepsalary or wage rate. The rate at which this supplement is 1447
granted shall be based on performance standards established by the 1448
treasurer of state. Any supplements granted under this division 1449
shall be administered on an annual basis.1450

       (P)(N) Intermittent employees appointed under section 124.30 1451
of the Revised Code are not eligible for the pay supplements 1452
provided by this section.1453

       (Q)(O) Employees of the office of the auditor of state who 1454
are exempt from collective bargaining and who are paid in 1455
accordance with schedule E-1 or in accordance with schedule E-1 1456
for step 7 only and are paid a salary or wage in accordance with 1457
the schedule of rates in division (B) or (C) of section 124.152 of 1458
the Revised Code shall receive a reduction of two per cent in 1459
their hourly and annual pay calculation beginning with the pay 1460
period that immediately follows July 1, 2009.1461

       Sec. 124.322.  Whenever a reduction in the work force is 1462
necessary, the appointing authority of an agency shall decide in 1463
which classification or classifications the layoff or layoffs will 1464
occur and the number of employees to be laid off within each 1465
affected classification. The director of administrative services 1466
shall adopt rules, under Chapter 119. of the Revised Code, 1467
establishing a method for determining layoff procedures and an 1468
order of layoff of, and the displacement and recall of, laid-off 1469
state and county employees.1470

       The order of layoff in those rules shall be based in part on 1471
length of service and may; however, the rules shall prohibit an 1472
agency from using an employee's length of service as the only 1473
factor to determine whether to lay off the employee. The rules 1474
shall include efficiency in service, appointment type, orand1475
similar other factors the director considers appropriate. If the 1476
director establishes relative efficiency as a criterion to be used 1477
in determining order of layoff for state and county employees, 1478
credit for efficiency may be other than ten per cent of total 1479
retention points.1480

       Sec. 124.325.  (A) An appointing authority shall calculate an 1481
employee's retention points based upon length of service, 1482
efficiency of service, and other similar factors the director of 1483
administrative services, in the rules the director adopts for 1484
state or county employees under section 124.322 of the Revised 1485
Code, or the appointing authority, as applicable, determines is 1486
appropriate. Retention points to reflect the length of continuous 1487
service and efficiency in service for all employees affected by a 1488
layoff shall be verified by the director of administrative 1489
services for positions in the service of the state.1490

       (B) An employee's length of continuous service will be 1491
carried from one layoff jurisdiction to another so long as no 1492
break in service occurs between transfers or appointments.1493

        (C) If(1) Except as otherwise provided in division (C)(2) of 1494
this section, an appointing authority shall adopt rules to 1495
determine which employee the appointing authority shall lay off 1496
first if two or more employees have an identical number of 1497
retention points, employees having the shortest period of 1498
continuous service shall be laid off first.1499

       (2) The director shall adopt rules in accordance with Chapter 1500
119. of the Revised Code to establish a system for the assignment 1501
of retention points for each employee in the service of the state 1502
in a classification affected by a layoff and for determining, in 1503
those instances where employees in the service of the state have 1504
identical retention points, which employee shall be laid off 1505
first. The rules shall permit an appointing authority to consider 1506
the number of management and nonmanagement employees when 1507
determining which employees to lay off.1508

       (D)(1) As used in this division, "affected employee" means a 1509
city employee who becomes a county employee, or a county employee 1510
who becomes a city employee, as the result of any of the 1511
following:1512

       (a) The merger of a city and a county office;1513

       (b) The merger of city and county functions or duties;1514

       (c) The transfer of functions or duties between a city and 1515
county.1516

       (2) For purposes of this section, the new employer of any 1517
affected employee shall treat the employee's prior service with a 1518
former employer as if it had been served with the new employer.1519

       (E) The director of administrative services shall adopt rules 1520
in accordance with Chapter 119. of the Revised Code to establish a 1521
system for the assignment of retention points for each employee in 1522
the service of the state in a classification affected by a layoff 1523
and for determining, in those instances where employees in the 1524
service of the state have identical retention points, which 1525
employee shall be laid off first.1526

       Sec. 124.34.  (A) The tenure of every officer or employee in 1527
the classified service of the state and the counties, civil 1528
service townships, cities, city health districts, general health 1529
districts, and city school districts of the state, holding a 1530
position under this chapter, shall be during good behavior and 1531
efficient service. No officer or employee shall be reduced in pay 1532
or position, fined, suspended, or removed, or have the officer's 1533
or employee's longevity reduced or eliminated, except as provided 1534
in section 124.32 of the Revised Code, and for incompetency, 1535
inefficiency, dishonesty, drunkenness, immoral conduct, 1536
insubordination, discourteous treatment of the public, neglect of 1537
duty, violation of any policy or work rule of the officer's or 1538
employee's appointing authority, violation of this chapter or the 1539
rules of the director of administrative services or the 1540
commission, any other failure of good behavior, any other acts of 1541
misfeasance, malfeasance, or nonfeasance in office, or conviction 1542
of a felony. The denial of a one-time pay supplement or a bonus to 1543
an officer or employee is not a reduction in pay for purposes of 1544
this section.1545

       This section does not apply to any modifications or 1546
reductions in pay authorized by division (Q)(O) of section 124.181 1547
or section 124.392 or 124.393 of the Revised Code.1548

       An appointing authority may require an employee who is 1549
suspended to report to work to serve the suspension. An employee 1550
serving a suspension in this manner shall continue to be 1551
compensated at the employee's regular rate of pay for hours 1552
worked. The disciplinary action shall be recorded in the 1553
employee's personnel file in the same manner as other disciplinary 1554
actions and has the same effect as a suspension without pay for 1555
the purpose of recording disciplinary actions.1556

       A finding by the appropriate ethics commission, based upon a 1557
preponderance of the evidence, that the facts alleged in a 1558
complaint under section 102.06 of the Revised Code constitute a 1559
violation of Chapter 102., section 2921.42, or section 2921.43 of 1560
the Revised Code may constitute grounds for dismissal. Failure to 1561
file a statement or falsely filing a statement required by section 1562
102.02 of the Revised Code may also constitute grounds for 1563
dismissal. The tenure of an employee in the career professional 1564
service of the department of transportation is subject to section 1565
5501.20 of the Revised Code.1566

       Conviction of a felony is a separate basis for reducing in 1567
pay or position, suspending, or removing an officer or employee, 1568
even if the officer or employee has already been reduced in pay or 1569
position, suspended, or removed for the same conduct that is the 1570
basis of the felony. An officer or employee may not appeal to the 1571
state personnel board of review or the commission any disciplinary 1572
action taken by an appointing authority as a result of the 1573
officer's or employee's conviction of a felony. If an officer or 1574
employee removed under this section is reinstated as a result of 1575
an appeal of the removal, any conviction of a felony that occurs 1576
during the pendency of the appeal is a basis for further 1577
disciplinary action under this section upon the officer's or 1578
employee's reinstatement.1579

       A person convicted of a felony immediately forfeits the 1580
person's status as a classified employee in any public employment 1581
on and after the date of the conviction for the felony. If an 1582
officer or employee is removed under this section as a result of 1583
being convicted of a felony or is subsequently convicted of a 1584
felony that involves the same conduct that was the basis for the 1585
removal, the officer or employee is barred from receiving any 1586
compensation after the removal notwithstanding any modification or 1587
disaffirmance of the removal, unless the conviction for the felony 1588
is subsequently reversed or annulled.1589

       Any person removed for conviction of a felony is entitled to 1590
a cash payment for any accrued but unused sick, personal, and 1591
vacation leave as authorized by law. If subsequently reemployed in 1592
the public sector, the person shall qualify for and accrue these 1593
forms of leave in the manner specified by law for a newly 1594
appointed employee and shall not be credited with prior public 1595
service for the purpose of receiving these forms of leave.1596

       As used in this division, "felony" means any of the 1597
following:1598

       (1) A felony that is an offense of violence as defined in 1599
section 2901.01 of the Revised Code;1600

       (2) A felony that is a felony drug abuse offense as defined 1601
in section 2925.01 of the Revised Code;1602

       (3) A felony under the laws of this or any other state or the 1603
United States that is a crime of moral turpitude;1604

       (4) A felony involving dishonesty, fraud, or theft;1605

       (5) A felony that is a violation of section 2921.05, 2921.32, 1606
or 2921.42 of the Revised Code.1607

       (B) In case of a reduction, a suspension of more than forty 1608
work hours in the case of an employee exempt from the payment of 1609
overtime compensation, a suspension of more than twenty-four work 1610
hours in the case of an employee required to be paid overtime 1611
compensation, a fine of more than forty hours' pay in the case of 1612
an employee exempt from the payment of overtime compensation, a 1613
fine of more than twenty-four hours' pay in the case of an 1614
employee required to be paid overtime compensation, or removal, 1615
except for the reduction or removal of a probationary employee, 1616
the appointing authority shall serve the employee with a copy of 1617
the order of reduction, fine, suspension, or removal, which order 1618
shall state the reasons for the action.1619

       Within ten days following the date on which the order is 1620
served or, in the case of an employee in the career professional 1621
service of the department of transportation, within ten days 1622
following the filing of a removal order, the employee, except as 1623
otherwise provided in this section, may file an appeal of the 1624
order in writing with the state personnel board of review or the 1625
commission. For purposes of this section, the date on which an 1626
order is served is the date of hand delivery of the order or the 1627
date of delivery of the order by certified United States mail, 1628
whichever occurs first. If an appeal is filed, the board or 1629
commission shall forthwith notify the appointing authority and 1630
shall hear, or appoint a trial board to hear, the appeal within 1631
thirty days from and after its filing with the board or 1632
commission. The board, commission, or trial board may affirm, 1633
disaffirm, or modify the judgment of the appointing authority. 1634
However, in an appeal of a removal order based upon a violation of 1635
a last chance agreement, the board, commission, or trial board may 1636
only determine if the employee violated the agreement and thus 1637
affirm or disaffirm the judgment of the appointing authority.1638

       In cases of removal or reduction in pay for disciplinary 1639
reasons, either the appointing authority or the officer or 1640
employee may appeal from the decision of the state personnel board 1641
of review or the commission, and any such appeal shall be to the 1642
court of common pleas of the county in which the appointing 1643
authority is located, or to the court of common pleas of Franklin 1644
county, as provided by section 119.12 of the Revised Code.1645

       (C) In the case of the suspension for any period of time, or 1646
a fine, demotion, or removal, of a chief of police, a chief of a 1647
fire department, or any member of the police or fire department of 1648
a city or civil service township, who is in the classified civil 1649
service, the appointing authority shall furnish the chief or 1650
member with a copy of the order of suspension, fine, demotion, or 1651
removal, which order shall state the reasons for the action. The 1652
order shall be filed with the municipal or civil service township 1653
civil service commission. Within ten days following the filing of 1654
the order, the chief or member may file an appeal, in writing, 1655
with the commission. If an appeal is filed, the commission shall 1656
forthwith notify the appointing authority and shall hear, or 1657
appoint a trial board to hear, the appeal within thirty days from 1658
and after its filing with the commission, and it may affirm, 1659
disaffirm, or modify the judgment of the appointing authority. An 1660
appeal on questions of law and fact may be had from the decision 1661
of the commission to the court of common pleas in the county in 1662
which the city or civil service township is situated. The appeal 1663
shall be taken within thirty days from the finding of the 1664
commission.1665

       (D) A violation of division (A)(7) of section 2907.03 of the 1666
Revised Code is grounds for termination of employment of a 1667
nonteaching employee under this section.1668

       (E) As used in this section, "last chance agreement" means an 1669
agreement signed by both an appointing authority and an officer or 1670
employee of the appointing authority that describes the type of 1671
behavior or circumstances that, if it occurs, will automatically 1672
lead to removal of the officer or employee without the right of 1673
appeal to the state personnel board of review or the appropriate 1674
commission.1675

       Sec. 124.38.  Each of the following shall be entitled for 1676
each completed eighty hours of service to sick leave of fourthree1677
and six-tenthsone-tenth hours with pay:1678

       (A) Employees in the various offices of the county, 1679
municipal, and civil service township service, other than 1680
superintendents and management employees, as defined in section 1681
5126.20 of the Revised Code, of county boards of developmental 1682
disabilities;1683

       (B) Employees of any state college or university;1684

       (C) Employees of any board of education for whom sick leave 1685
is not provided by section 3319.141 of the Revised Code.1686

       Employees may use sick leave, upon approval of the 1687
responsible administrative officer of the employing unit, for 1688
absence due to personal illness, pregnancy, injury, exposure to 1689
contagious disease that could be communicated to other employees, 1690
and illness, injury, or death in the employee's immediate family. 1691
Unused sick leave shall be cumulative without limit. When sick 1692
leave is used, it shall be deducted from the employee's credit on 1693
the basis of one hour for every one hour of absence from 1694
previously scheduled work. 1695

       The previously accumulated sick leave of an employee who has 1696
been separated from the public service shall be placed to the 1697
employee's credit upon the employee's re-employment in the public 1698
service, provided that the re-employment takes place within ten 1699
years of the date on which the employee was last terminated from 1700
public service. This ten-year period shall be tolled for any 1701
period during which the employee holds elective public office, 1702
whether by election or by appointment.1703

       An employee who transfers from one public agency to another 1704
shall be credited with the unused balance of the employee's 1705
accumulated sick leave up to the maximum of the sick leave 1706
accumulation permitted in the public agency to which the employee 1707
transfers. 1708

       The appointing authorities of the various offices of the 1709
county service may permit all or any part of a person's accrued 1710
but unused sick leave acquired during service with any regional 1711
council of government established in accordance with Chapter 167. 1712
of the Revised Code to be credited to the employee upon a transfer 1713
as if the employee were transferring from one public agency to 1714
another under this section.1715

       The appointing authority of each employing unit shall require 1716
an employee to furnish a satisfactory written, signed statement to 1717
justify the use of sick leave. If medical attention is required, a 1718
certificate stating the nature of the illness from a licensed 1719
physician shall be required to justify the use of sick leave. 1720
Falsification of either a written, signed statement or a 1721
physician's certificate shall be grounds for disciplinary action, 1722
including dismissal.1723

       This section does not interfere with existing unused sick 1724
leave credit in any agency of government where attendance records 1725
are maintained and credit has been given employees for unused sick 1726
leave.1727

       Notwithstanding this section or any other section of the 1728
Revised Code, any appointing authority of a county office, 1729
department, commission, board, or body may, upon notification to 1730
the board of county commissioners, establish alternative schedules 1731
of sick leave for employees of the appointing authority for whom 1732
the state employment relations board has not established an 1733
appropriate bargaining unit pursuant to section 4117.06 of the 1734
Revised Code, as long as the alternative schedules are not 1735
inconsistent with the provisions of at least one collective 1736
bargaining agreement covering other employees of that appointing 1737
authority, if such a collective bargaining agreement exists. If no 1738
such collective bargaining agreement exists, an appointing 1739
authority may, upon notification to the board of county 1740
commissioners, establish an alternative schedule of sick leave for 1741
its employees that does not diminish the sick leave benefits 1742
granted by this section.1743

       Any sick leave that a board of education awards shall be 1744
awarded in accordance with the leave policy the board adopts 1745
pursuant to section 3319.141 of the Revised Code.1746

       Sec. 124.388.  (A) AnExcept as otherwise provided in 1747
division (C) of this section, an appointing authority may, in its 1748
discretion, place an employee on administrative leave with pay. 1749
Administrative leave with pay is to be used only in circumstances 1750
where the health or safety of an employee or of any person or 1751
property entrusted to the employee's care could be adversely 1752
affected. Compensation for administrative leave with pay shall be 1753
equal to the employee's base rate of pay. The length of 1754
administrative leave with pay is solely at the discretion of the 1755
appointing authority, but shall not exceed the length of the 1756
situation for which the leave was granted. An appointing authority 1757
may also grant administrative leave with pay of two days or less 1758
for employees who are moved in accordance with section 124.33 of 1759
the Revised Code.1760

       (B) AnExcept as otherwise provided in division (C) of this 1761
section, an appointing authority may, in its discretion, place an 1762
employee on administrative leave without pay for a period not to 1763
exceed two months, if the employee has been charged with a 1764
violation of law that is punishable as a felony. If the employee 1765
subsequently does not plead guilty to or is not found guilty of a 1766
felony with which the employee is charged or any other felony, the 1767
appointing authority shall pay the employee at the employee's base 1768
rate of pay, plus interest, for the period the employee was on the 1769
unpaid administrative leave.1770

       (C) An appointing authority that is a city school district 1771
may place an employee on administrative leave in accordance with 1772
the policy the board of education of the district adopts pursuant 1773
to section 3319.141 of the Revised Code.1774

       Sec. 124.39.  As used in this section, "retirement" means 1775
disability or service retirement under any state or municipal 1776
retirement system in this state.1777

       (A)(1) Except as provided in division (A)(3) of this section, 1778
an employee of a state college or university may elect, at the 1779
time of retirement from active service and with ten or more years 1780
of service with the state or any of its political subdivisions, to 1781
be paid in cash for one-fourth of the value of the employee's 1782
accrued but unused sick leave credit. Such payment shall be based 1783
on the employee's rate of pay at the time of retirement. Payment 1784
for sick leave on this basis shall be considered to eliminate all 1785
sick leave credit accrued by the employee at that time. Such 1786
payment shall be made only once to any employee. The maximum 1787
payment which may be made under this division shall be for 1788
one-fourth of one hundred twenty days.1789

       (2) A state college or university may adopt a policy allowing 1790
an employee to receive payment for more than one-fourth the value 1791
of the employee's unused sick leave or for more than the aggregate 1792
value of thirty days of the employee's unused sick leave, or 1793
allowing the number of years of service to be less than ten.1794

       (3) Notwithstanding the provisions of division (A)(1) of this 1795
section, any employee who retired from the university of 1796
Cincinnati on or after September 25, 1978, and on or before 1797
November 15, 1981, may be paid in cash for up to one-half of the 1798
value of the employee's accrued but unused sick leave credit up to 1799
a maximum of sixty days if the employee otherwise meets the 1800
service and other requirements necessary to receive such payment 1801
and if any such payment has deducted from it any amount previously 1802
paid to the employee from the employee's accrued but unused sick 1803
leave credit at the time of the employee's retirement.1804

       (B) Except as provided in division (C) of this section, an 1805
employee of a political subdivision covered by section 124.38 or 1806
3319.141 of the Revised Code may elect, at the time of retirement 1807
from active service with the political subdivision, and with ten 1808
or more years of service with the state, any political 1809
subdivisions, or any combination thereof, to be paid in cash for 1810
one-fourth the value of the employee's accrued but unused sick 1811
leave credit. The payment shall be based on the employee's rate of 1812
pay at the time of retirement and eliminates all sick leave credit 1813
accrued but unused by the employee at the time payment is made. An 1814
employee may receive one or more payments under this division, but 1815
the aggregate value of accrued but unused sick leave credit that 1816
is paid shall not exceed, for all payments, the value of thirty 1817
days of accrued but unused sick leave.1818

       (C) A political subdivision may adopt a policy allowing an 1819
employee to receive payment for more than one-fourth the value of 1820
the employee's unused sick leave or for more than the aggregate 1821
value of thirty days of the employee's unused sick leave, or 1822
allowing the number of years of service to be less than ten. The 1823
political subdivision may also adopt a policy permitting an 1824
employee to receive payment upon a termination of employment other 1825
than retirement or permitting more than one payment to any 1826
employee. Any policy adopted under this division by a political 1827
subdivision that is a city school district shall comply with the 1828
policy the board of education of the district adopts pursuant to 1829
section 3319.141 of the Revised Code.1830

       Notwithstanding section 325.17 or any other section of the 1831
Revised Code authorizing any appointing authority of a county 1832
office, department, commission, or board to set compensation, any 1833
modification of the right provided by division (B) of this 1834
section, and any policy adopted under division (C) of this 1835
section, shall only apply to a county office, department, 1836
commission, or board if it is adopted in one of the following 1837
ways:1838

       (1) By resolution of the board of county commissioners for 1839
any office, department, commission, or board that receives at 1840
least one-half of its funding from the county general revenue 1841
fund;1842

       (2) By order of any appointing authority of a county office, 1843
department, commission, or board that receives less than one-half 1844
of its funding from the county general revenue fund. Such office, 1845
department, commission, or board shall provide written notice to 1846
the board of county commissioners of such order.1847

       (3) As part of a collective bargaining agreement.1848

       A political subdivision may adopt policies similar to the 1849
provisions contained in sections 124.382 to 124.386 of the Revised 1850
Code.1851

       Sec. 124.81.  (A) Except as provided in division (F) of this 1852
section, the department of administrative services in consultation 1853
with the superintendent of insurance shall negotiate with and, in 1854
accordance with the competitive selection procedures of Chapter 1855
125. of the Revised Code, contract with one or more insurance 1856
companies authorized to do business in this state, for the 1857
issuance of one of the following:1858

       (1) A policy of group life insurance covering all state 1859
employees who are paid directly by warrant of the state auditor, 1860
including elected state officials;1861

       (2) A combined policy, or coordinated policies of one or more 1862
insurance companies or health insuring corporations in combination 1863
with one or more insurance companies providing group life and 1864
health, medical, hospital, dental, or surgical insurance, or any 1865
combination thereof, covering all such employees;1866

       (3) A policy that may include, but is not limited to, 1867
hospitalization, surgical, major medical, dental, vision, and 1868
medicalhealth care, disability, hearing aids, prescription drugs1869
benefits, group life, life, sickness, and accident insurance, 1870
group legal services, or a combination of the above benefits for 1871
some or all of the employees paid in accordance with section 1872
124.152 of the Revised Code and for some or all of the employees 1873
listed in divisions (B)(2) and (4) of section 124.14 of the 1874
Revised Code, and their immediate dependents.1875

       (B) The department of administrative services in consultation 1876
with the superintendent of insurance shall negotiate with and, in 1877
accordance with the competitive selection procedures of Chapter 1878
125. of the Revised Code, contract with one or more insurance 1879
companies authorized to do business in this state, for the 1880
issuance of a policy of group life insurance covering all 1881
municipal and county court judges. The amount of such coverage 1882
shall be an amount equal to the aggregate salary set forth for 1883
each municipal court judge in sections 141.04 and 1901.11 of the 1884
Revised Code, and set forth for each county court judge in 1885
sections 141.04 and 1907.16 of the Revised Code. 1886

       (C) If a state employee uses all accumulated sick leave and 1887
then goes on an extended medical disability, the policyholder 1888
shall continue at no cost to the employee the coverage of the 1889
group life insurance for such employee for the period of such 1890
extended leave, but not beyond three years.1891

       (D) If a state employee insured under a group life insurance 1892
policy as provided in division (A) of this section is laid off 1893
pursuant to section 124.32 of the Revised Code, such employee by 1894
request to the policyholder, made no later than the effective date 1895
of the layoff, may elect to continue the employee's group life 1896
insurance for the one-year period through which the employee may 1897
be considered to be on laid-off status by paying the policyholder 1898
through payroll deduction or otherwise twelve times the monthly 1899
premium computed at the existing average rate for the group life 1900
case for the amount of the employee's insurance thereunder at the 1901
time of the employee's layoff. The policyholder shall pay the 1902
premiums to the insurance company at the time of the next regular 1903
monthly premium payment for the actively insured employees and 1904
furnish the company appropriate data as to such laid-off 1905
employees. At the time an employee receives written notice of a 1906
layoff, the policyholder shall also give such employee written 1907
notice of the opportunity to continue group life insurance in 1908
accordance with this division. When such laid-off employee is 1909
reinstated for active work before the end of the one-year period, 1910
the employee shall be reclassified as insured again as an active 1911
employee under the group and appropriate refunds for the number of 1912
full months of unearned premium payment shall be made by the 1913
policyholder.1914

       (E) This section does not affect the conversion rights of an 1915
insured employee when the employee's group insurance terminates 1916
under the policy.1917

       (F) Notwithstanding division (A) of this section, the 1918
department may provide benefits equivalent to those that may be 1919
paid under a policy issued by an insurance company, or the 1920
department may, to comply with a collectively bargained contract, 1921
enter into an agreement with a jointly administered trust fund 1922
which receives contributions pursuant to a collective bargaining 1923
agreement entered into between this state, or any of its political 1924
subdivisions, and any collective bargaining representative of the 1925
employees of this state or any political subdivision for the 1926
purpose of providing for self-insurance of all risk in the 1927
provision of fringe benefits similar to those that may be paid 1928
pursuant to division (A) of this section, and the jointly 1929
administered trust fund may provide through the self-insurance 1930
method specific fringe benefits as authorized by the rules of the 1931
board of trustees of the jointly administered trust fund. Any 1932
health care benefits provided through the fund shall be the same 1933
as those health care benefits provided under a contract entered 1934
into under division (A) of this section. The director shall make 1935
any contract entered into under division (A) of this section that 1936
provides health care benefits available to the board of trustees 1937
of the jointly administered trust fund. Amounts from the fund may 1938
be used to pay direct and indirect costs that are attributable to 1939
consultants or a third-party administrator and that are necessary 1940
to administer this section. Benefits provided under this section 1941
include, but are not limited to, hospitalization, surgical care, 1942
major medical care, disability, dental care, vision care, medical1943
health care, hearing aids, prescription drugsbenefits, group life 1944
insurance, sickness and accident insurance, group legal services, 1945
or a combination of the above benefits, for the employees and 1946
their immediate dependents.1947

       (G) Notwithstanding any other provision of the Revised Code, 1948
any public employer, including the state, and any of its political 1949
subdivisions, including, but not limited to, any county, county 1950
hospital, municipal corporation, township, park district, school 1951
district, state institution of higher education, public or special 1952
district, state agency, authority, commission, or board, or any 1953
other branch of public employment, and any collective bargaining 1954
representative of employees of the state or any political 1955
subdivision may agree in a collective bargaining agreement that 1956
any mutually agreed fringe benefit including, but not limited to, 1957
hospitalization, surgical care, major medical care, disability, 1958
dental care, vision care, medicalhealth care, hearing aids, 1959
prescription drugsbenefits, group life insurance, sickness and 1960
accident insurance, group legal services, or a combination 1961
thereof, for employees and their dependents be provided through a 1962
mutually agreed upon contribution to a jointly administered trust 1963
fund. Amounts from the fund may be used to pay direct and indirect 1964
costs that are attributable to consultants or a third-party 1965
administrator and that are necessary to administer this section. 1966
The amount, type, and structure of fringe benefits provided under 1967
this division is subject to the determination of the board of 1968
trustees of the jointly administered trust fund, except that any 1969
health care benefits provided through the fund shall be the same 1970
as those health care benefits provided under a contract entered 1971
into between the public employer and the insurance company 1972
providing those benefits. The public employer shall make that 1973
contract available to the board of trustees of the jointly 1974
administered trust fund. Notwithstanding any other provision of 1975
the Revised Code, competitive bidding does not apply to the 1976
purchase of fringe benefits for employees under this division 1977
through a jointly administered trust fund.1978

       (H) The health care benefits provided to a management level 1979
employee, as defined in section 4117.01 of the Revised Code, under 1980
a contract entered into under this section shall be the same as 1981
any health care benefits provided to other employees of the same 1982
public employer.1983

       (I) A public employer, including the state and any of its 1984
political subdivisions, shall not pay more than eighty-five per 1985
cent of the cost of the provision of health care benefits pursuant 1986
to this section.1987

       (J) As used in this section and section 124.82 of the Revised 1988
Code, "health care benefits" includes hospitalization, surgical, 1989
major medical, dental, vision, and medical care, disability, 1990
hearing aids, prescription drugs, or a combination of these 1991
benefits.1992

       Sec. 124.82.  (A) Except as provided in division (D) of this 1993
section, the department of administrative services, in 1994
consultation with the superintendent of insurance, shall, in 1995
accordance with competitive selection procedures of Chapter 125. 1996
of the Revised Code, contract with an insurance company or a 1997
health plan in combination with an insurance company, authorized 1998
to do business in this state, for the issuance of a policy or 1999
contract of health, medical, hospital, dental, or surgical 2000
benefits, or any combination of those benefits, covering state 2001
employees who are paid directly by warrant of the director of 2002
budget and management, including elected state officials. The 2003
department may fulfill its obligation under this division by 2004
exercising its authority under division (A)(2) of section 124.81 2005
of the Revised Code.2006

       (B) The department may, in addition, in consultation with the 2007
superintendent of insurance, negotiate and contract with health 2008
insuring corporations holding a certificate of authority under 2009
Chapter 1751. of the Revised Code, in their approved service areas 2010
only, for issuance of a contract or contracts of health care 2011
services, covering state employees who are paid directly by 2012
warrant of the director of budget and management, including 2013
elected state officials. The department may enter into contracts 2014
with one or more insurance carriers or health plans to provide the 2015
same plan of benefits, provided that:2016

       (1) The amount of the premium or cost for such coverage 2017
contributed by the state, for an individual or for an individual 2018
and the individual's family, does not exceed that same amount of 2019
the premium or cost contributed by the state under division (A) of 2020
this section;2021

       (2) The employee be permitted to exercise the option as to 2022
which plan the employee will select under division (A) or (B) of 2023
this section, at a time that shall be determined by the 2024
department;2025

       (3) The health insuring corporations do not refuse to accept 2026
the employee, or the employee and the employee's family, if the 2027
employee exercises the option to select care provided by the 2028
corporations;2029

       (4) The employee may choose participation in only one of the 2030
plans sponsored by the department;2031

       (5) The director of health examines and certifies to the 2032
department that the quality and adequacy of care rendered by the 2033
health insuring corporations meet at least the standards of care 2034
provided by hospitals and physicians in that employee's community, 2035
who would be providing such care as would be covered by a contract 2036
awarded under division (A) of this section.2037

       (C) AllExcept as provided in division (G) of this section, 2038
all or any portion of the cost, premium, or charge for the 2039
coverage in divisions (A) and (B) of this section may be paid in 2040
such manner or combination of manners as the department determines 2041
and may include the proration of health care costs, premiums, or 2042
charges for part-time employees.2043

       (D) Notwithstanding division (A) of this section, the 2044
department may provide benefits equivalent to those that may be 2045
paid under a policy or contract issued by an insurance company or 2046
a health plan pursuant to division (A) of this section.2047

       (E) This section does not prohibit the state office of 2048
collective bargaining from entering into an agreement with an 2049
employee representative for the purposes of providing fringe 2050
benefits, including, but not limited to, hospitalization, surgical 2051
care, major medical care, disability, dental care, vision care, 2052
medicalhealth care, hearing aids, prescription drugsbenefits, 2053
group life insurance, sickness and accident insurance, group legal 2054
services or other benefits, or any combination of those benefits, 2055
to employees paid directly by warrant of the director of budget 2056
and management through a jointly administered trust fund. The 2057
employer's contribution for the cost of the benefit care shall be 2058
mutually agreed to in the collectively bargained agreement. The 2059
amount, type, and structure of fringe benefits provided under this 2060
division is subject to the determination of the board of trustees 2061
of the jointly administered trust fund. Any health care benefits 2062
provided through the fund shall be the same as those health care 2063
benefits provided under a contract entered into under division (A) 2064
of section 124.81 of the Revised Code. The director of 2065
administrative services shall make any contract entered into under 2066
that division that provides health care benefits available to the 2067
board of trustees of the jointly administered trust fund.2068
Notwithstanding any other provision of the Revised Code, 2069
competitive bidding does not apply to the purchase of fringe 2070
benefits for employees under this division when those benefits are 2071
provided through a jointly administered trust fund.2072

       (F) Members of state boards or commissions may be covered by 2073
any policy, contract, or plan of benefits or services described in 2074
division (A) or (B) of this section. Board or commission members 2075
who are appointed for a fixed term and who are compensated on a 2076
per meeting basis, or paid only for expenses, or receive a 2077
combination of per diem payments and expenses shall pay the entire 2078
amount of the premiums, costs, or charges for that coverage.2079

       (G) The health care benefits provided to a management level 2080
employee, as defined in section 4117.01 of the Revised Code, under 2081
a contract entered into under this section shall be the same as 2082
any health care benefits provided to other employees of the same 2083
public employer.2084

       (H) A state employee who receives insurance under this 2085
section shall pay at least fifteen per cent of the cost of the 2086
premium assessed for any insurance policy issued pursuant to this 2087
section that covers health, medical, hospital, or surgical 2088
benefits.2089

       Sec. 145.47.  (A) Each public employee who is a contributor 2090
to the public employees retirement system shall contribute eight 2091
per cent of the contributor's earnable salary to the employees' 2092
savings fund, except that the public employees retirement board 2093
may raise the contribution rate to a rate not greater than ten per 2094
cent of the employee's earnable salary.2095

       The contributions required under this section shall not be 2096
paid by an employer on an employee's behalf, but may be treated as 2097
employer contributions for purposes of state and federal income 2098
tax deferred income provisions.2099

       (B) The head of each state department, institution, board, 2100
and commission, and the fiscal officer of each local authority 2101
subject to this chapter, shall deduct from the earnable salary of 2102
each contributor on every payroll of such contributor for each 2103
payroll period subsequent to the date of coverage, an amount equal 2104
to the applicable per cent of the contributor's earnable salary. 2105
The head of each state department and the fiscal officer of each 2106
local authority subject to this chapter shall transmit promptly to 2107
the system a report of contributions at such intervals and in such 2108
form as the system shall require, showing thereon all deductions 2109
for the system made from the earnable salary of each contributor 2110
employed, together with warrants, checks, or electronic payments 2111
covering the total of such deductions. A penalty shall be added 2112
when such report, together with warrants, checks, or electronic 2113
payments to cover the total amount due from the earnable salary of 2114
all amenable employees of such employer, is filed thirty or more 2115
days after the last day of such reporting period. The system, 2116
after making a record of all receipts under this division, shall 2117
deposit the receipts with the treasurer of state for use as 2118
provided by this chapter.2119

       (C) Unless the board adopts a rule under division (D) of this 2120
section, the penalty described in division (B) of this section for 2121
failing to timely transmit a report, pay the total amount due, or 2122
both is as follows:2123

       (1) At least one but not more than ten days past due, an 2124
amount equal to one per cent of the total amount due;2125

       (2) At least eleven but not more than thirty days past due, 2126
an amount equal to two and one-half per cent of the total amount 2127
due;2128

       (3) Thirty-one or more days past due, an amount equal to five 2129
per cent of the total amount due.2130

       The penalty described in this division shall be added to and 2131
collected on the next succeeding regular employer billing. 2132
Interest at a rate set by the retirement board shall be charged on 2133
the amount of the penalty in case such penalty is not paid within 2134
thirty days after it is added to the regular employer billing. 2135

       (D) The board may adopt rules to establish penalties in 2136
amounts that do not exceed the amounts specified in divisions 2137
(C)(1) to (3) of this section.2138

       (E) In addition to the periodical reports of deduction 2139
required by this section, the fiscal officer of each local 2140
authority subject to this chapter shall submit to the system at 2141
least once each year a complete listing of all noncontributing 2142
appointive employees. Where an employer fails to transmit 2143
contributions to the system, the system may make a determination 2144
of the employees' liability for contributions and certify to the 2145
employer the amounts due for collection in the same manner as 2146
payments due the employers' accumulation fund. Any amounts so 2147
collected shall be held in trust pending receipt of a report of 2148
contributions for such public employees for the period involved as 2149
provided by law and, thereafter, the amount in trust shall be 2150
transferred to the employees' savings fund to the credit of the 2151
employees. Any amount remaining after the transfer to the 2152
employees' savings fund shall be transferred to the employers' 2153
accumulation fund as a credit of such employer. 2154

       (F) The fiscal officer of each local authority subject to 2155
this chapter shall require each new contributor to submit to the 2156
system a detailed report of all the contributor's previous service 2157
as a public employee along with such other facts as the board 2158
requires for the proper operation of the system.2159

       (G) Any member who, because of the member's own illness, 2160
injury, or other reason which may be approved by the member's 2161
employer is prevented from making the member's contribution to the 2162
system for any payroll period, may pay such deductions as a back 2163
payment within one year.2164

       Sec. 306.04.  (A) Except as otherwise provided in division 2165
(B) of this section, employees of a county transit board or a 2166
board of county commissioners operating a transit system are 2167
employees of the county. If the system is operated by the board of 2168
county commissioners, the board shall appoint an executive 2169
director, wh