Ohio Municipal League
175 South Third Street
Suite 510
Columbus, Ohio 43215

614-221-4349 Office
614-221-4390 Fax

email:
Legislative Inquiries
John Mahoney
General Inquiries
info@omunileague.org

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OML E- BULLETIN
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PLEASE CIRCULATE THIS BULLETIN TO YOUR COUNCIL, DEPARTMENT HEADS & STAFF

TWO BILLS OF NOTE MAKE HEADWAY

Two bills that the Municipal League has been tracking have made some progress. HB 194, sponsored by Rep. Rose Vesper, has passed out of committee and is scheduled for a House floor vote this week. This bill contains an amendment that would allow municipal corporations to join together to issue debt that could be used to retire the debt that is owed to the Police & Firemens’ Disability & Pension Fund prior to 1967. This could go a long way to erasing that debt. HB 204, sponsored by Rep. Lynn Wachtmann contains the amendment that would increase from$10,000 to $15,000 the amount of the competitive bidding threshold generally applicable to village contracts and the amount of the threshold applicable to contracts awarded by a city director of public services. Hopefully, this bill will be scheduled for a Senate floor vote also.

IMPACT OF HOUSE BILL 648

House Bill 648, which took effect on September 16th, will significantly impact PFDPF employers. As described below, the most notable areas include new medical report filing requirements, the establishment of deadlines for the payment of employee and employer contributions due PFDPF, and penalties for non-compliance. Please review the information below and feel free to contact PFDPF for more information regarding any specific topic. All items below are effective September 16, 1998, unless otherwise noted.

Medical Reporting and Penalties for Non-compliance

Beginning on December 1, 1998, physical examinations incorporating the tests referenced below must be given to prospective PFDPF members. These examinations may be given as early as 180 days before the prospective member begins employment or becomes a PFDPF member, but cannot occur any later than the day before employment begins.

Beginning January 1, 1999, employers must file with PFDPF the attending physician's report of such physical examinations or face a penalty. As required by law, PFDPF must fine employers $100 per day for failure to file this information within 30 days of the individual becoming a member of the Fund, beginning on January 1, 1999. The fine begins on the 1st day after the report is due and ends on the last day prior to the filing of the required report with PFDPF. This fine is then certified to and collected from the County Auditor in the same manner as delinquent payments of contributions.

The medical testing and diagnostic procedures to be incorporated into the physician's report should include, at a minimum:

× Medical questionnaire including past medical, family, and occupational history;

× Physical examination;

× Minimum medical testing including: spirometry; chest x-ray; lipids; electrocardiogram (EKG); and cardiac stress test;

× Diagnoses and conclusions of currently identified and past conditions;

× Diagnosis and evaluation of the existence of any heart, cardiovascular or respiratory diseases; and

× Attending physician's opinion of whether or not the applicant is capable of performing duties as defined in the U.S. Department of Labor's Occupational Characteristics for Police Officer (Government Service) and Fire Fighter (an industry) Positions.

Contribution Deadlines and Interest Penalties

Specific deadlines now exist for the reporting of employee and employer contributions to PFDPF and PFDPF is required, by law, to now assess penalties and interest on such delinquent reporting. As of January 1, 1999, interest on unpaid amounts and the 5% penalty provided by law will accrue at the annual actuarial investment rate of return established by the Board for the period in which the payment was due (currently 8.25%). The interest and penalties are then certified to and collected from the County Auditor.

× Employee Deductions-Employers must submit employees' PFDPF contributions for each month by the end of the following month in which such contributions were deducted. Interest and penalties, as referenced above, will accrue from the date the amount was due to the date of payment unless past due amounts and penalties are paid within three months after the items are added to the regular employment billing.

× Employer Contributions-The required employer contributions are due for the preceding quarter on March 31st, June 30th, September 30th, and December 31st of each year. Interest and penalties, as referenced above, will accrue from the date the amount was due to the date of payment.

Disability Retirants Returning to Work

The three-year leave of absence for PFDPF disability benefit recipients has been extended to five years. In cases where PFDPF terminates a member's disability benefit prior to the expiration of the leave of absence period, the employer is required to restore the recipient to his/her previous position and salary or one similar to it, at the request of the recipient. Employers are not required to restore disability benefit recipients to their former positions if the individual was dismissed or resigned in lieu of dismissal for dishonesty, misfeasance, malfeasance, or conviction of a felony. PFDPF must then certify to the recipient's last employer that the recipient is now capable of resuming service.

Disability Application Notification

PFDPF must notify employers that an application for disability benefit has been filed within 14 days of receiving the application. PFDPF will tell you the rank or position of the applicant, but not the name or social security number. Within 28 days of receiving notice from PFDPF, the employer must forward a statement to PFDPF certifying the job description for the rank or position in PFDPF's notice. As required by law, PFDPF must fine employers $100 per day for failure to file this information within the 28 day period, beginning on January 1, 1999. The fine begins on the 1st day after the report is due and ends on the last day prior to the filing of the required report with PFDPF. This fine is then certified to and collected from the County Auditor in the same manner as delinquent payments of contributions.

Filing of Disability Applications for Incapacitated Members

For purposes of filing a disability application, a person (including employer, colleague, or family member) can now file this application on behalf of an incapacitated member if the Fund receives an affidavit from that person. The affidavit must certify, under oath, that the member is impaired as a result of a mental or physical illness or a condition from which the attending physician assesses that the member has no present indication of recovery. The affidavit must be properly notarized and witnessed by two individuals.

Please note that this information was provided by the PFDPF and pertains to PFDPF members only as laws may differ for members of the other Ohio Retirement Systems. For more information regarding any of these items, please contact PFDPF at (888) 864-8363.

HOUSE URBAN SUBCOMMITTEE, 1 p.m., Rm. 122

SB 83 LAND USE VIOLATIONS (B. Johnson) Authorizes municipal corporations to establish noncriminal land use infractions and makes other changes. (2nd Hearing-Possible vote)

HOUSE WAYS & MEANS, 1:30 p.m., Rm, 121

HB 300 TAX DEDUCTION (Logan) Creates a state income tax deduction of up to $750 for amounts paid by a fire fighter or auxiliary police officer for training programs, clothing, and equipment used primarily for fire fighting or law enforcement proposes. (1st Hearing)

SENATE WAYS & MEANS After Session, South Hearing Rm.

HB 615 TAX LEVIES (Schuler) Requires the county budget commission to include, in the information that it certifies to a taxing authority after completing its work on a tax budget, the expiration date of each tax levy (1st Hearing)

TRANSPORTATION & PUBLIC SAFETY, 2 p.m. Rm. 116

HB 707 ALCOHOL TESTING (Ford) Requires a health care provider to supply the results of a test of a person's blood, breath or urine to specified officers and makes other changes. (1st Hearing)

SB 186 PUBLIC WORKS COMMITTEES (Latta) Requires the appointing authorities of district public works integrating committees to appoint alternates for those members to act in their absence. (1st Hearing)

SB 210 PORT AUTHORITIES (Oelslager) Comprehensively revises the powers and duties of port authorities and makes other changes. (1st Hearing - Substitute bill to be offered)

HOUSE COMMERCE & LABOR, 7 p.m., Rm. 121

HB 587 RECIPROCAL PREFERENCES (Wachtmann) Establishes reciprocal preferences for contractors who contract to perform public improvements for political subdivisions other than chartered municipal corporations. (2nd Hearing-Possible vote)

HOUSE STATE GOVERNMENT, 9:30 a.m., Rm. 116

SB 184 PUBLIC RECORDS (Oelslager) Generally grants members of the public the option of choosing the medium in which they will receive copies of public records and requires a public office to transmit copies of a public record through the U.S. mail if so requested. (2nd Hearing-Possible vote)

SENATE ENERGY, NATURAL RESOURCES & ENVIRONMENT, 10 a.m. South Hearing Rm.

HB 665 WATER DIVISION (Coughlin) Regulate withdrawal of certain water by certain municipal corporations. (1st Hearing)

HOUSE LOCAL GOVERNMENT & TOWNSHIPS, 4 p.m., Rm. 121

HB 705 TOWNSHIP GOVERNMENT (Batchelder) Refers to townships that have adopted the limited self-government form of township government as"limited rule townships" and makes other changes. (6th Hearing-Possible vote)

SB 83 LAND USE VIOLATIONS (B. Johnson) Authorizes municipal corporations to establish noncriminal land use infractions and makes other changes. (4th Hearing-Possible vote subject to referral by subcommittee)

SB 201 WATER & SEWER DISTRICTS (Oelslager) Requires the political subdivisions or subdivisions proposing the establishment of a regional water and sewer district to hold a public meeting before filing the petition for the establishment and makes other changes. (2nd Hearing)

HOUSE PUBLIC UTILITIES SUBCOMMITTEE, After full committee, Rm. 018

Discussion of enhanced wireless "911" service and may hear sponsor testimony on a yet-to-be-introduced bill regarding "911" telephone service.

A THANK YOU FROM THE MAYOR

Mayor Lydia Reed asked that we convey a thank you to everyone who took the time to sign her petitions and vote for her for the Board opening at the Public Employee Retirement System. Although she did not win, Lydia gave it a heck of a try.

The salary surveys are coming!...the salary surveys are coming!...the salary surveys are coming!