| 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 |
| (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 |
| (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 |
| 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 |
| (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 |
| 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 |
| (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 |
| 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 |
| (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 |
| (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 |
| (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)(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 |
| (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 |
| (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 |
| (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 |
(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 |
| (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 |
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 |
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 |
| 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 |
| (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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
| 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 |
| 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 |
| (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 |
| (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 |
| 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 |
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 |
| (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 |
| (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 |
| (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 drugs | 1869 |
| 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 |
| (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 |
| (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, medical | 1943 |
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 |
| 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 |
| (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 |
| (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 |
| (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 |