§ 203-43. Health Care Benefits For Membership Dates Prior to January 9, 1997 and Retirement Effective Dates After January 1, 2016.  


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  • (a)

    In addition to other benefits provided in this chapter, the health care benefits described in this Section shall be provided to the following persons:

    (i)

    A Qualified Member (as defined in paragraph (c) below) who retires after January 1, 2016 who is at least 60 years of age with a minimum of 20 years of Membership Service and who is not otherwise eligible for health care benefits under Section 203-42, or

    (ii)

    A Qualified Member (as defined in paragraph (c) below) who retires with 30 or more years of Creditable Service consisting of a minimum of 20 years of Membership Service and who is not otherwise entitled to benefits under Section 203-42, or

    (iii)

    Persons receiving the benefits of a retirement optional allowance under Section 203-63 of this chapter, and who are eligible for benefits under Section 203-48 of this chapter, provided that the Member satisfied the requirements of either paragraph (i) or paragraph (ii) above at the time the Member retired and who is not otherwise entitled to benefits under Section 203-42, or

    (iv)

    Each surviving spouse, eligible dependent child and orphan of a deceased Active Member who would have been eligible for benefits under this section, who is receiving survivor benefits as provided in Section 203-49 of this Chapter, provided that:

    (A)

    the deceased Active Member's most recent membership enrollment date is before January 9, 1997 and the survivor benefit commenced on or after February 1, 2016 and the deceased Active Member is not otherwise entitled to benefits under Section 203-42; and

    (B)

    a surviving spouse may only obtain coverage if the surviving spouse possessed a valid marriage certificate or other proof of marriage recognized by the State of Ohio, dated prior to the date of the Active Member's death. However, if the deceased Active Member dies on or after January 1, 2019, the surviving spouse is eligible for coverage only if the spouse was not legally separated from the deceased Active Member at the time of the deceased Active Member's death.

    (v)

    Qualified Members who are not covered by the provisions of the Collaborative Settlement Agreement and who retire on or after February 1, 2016 and on or before January 1, 2017 and who have at least 15 years of Membership Service.

    (b)

    The benefits to be provided under this Section are:

    (i)

    Medical and prescription drug coverage similar to the most favorable plan available to active Employees, excluding Police & Fire and Building & Trade unions, and Member premium contributions are not to exceed 10% of the full funding rate for each tier of coverage; and

    (ii)

    Dental and vision insurance coverage which shall be purchased and fully paid for by the Retirees, their surviving spouse, or their dependents or orphans as provided in Section 203-48 of this chapter.

    (iii)

    To the extent allowable under applicable federal law, coverage for a Member who is eligible to be covered under Medicare shall be secondary to coverage of such Member under Medicare. The benefit payable under this Section shall be reduced by the greater of: (a) the amount actually paid by Medicare Part A and Part B; or (b) the amount Medicare would pay if the Member were enrolled in Medicare Part A and/or Part B. A Member is considered eligible for Medicare for these purposes during any period such Member has coverage under Medicare Part A or Part B or, while otherwise qualifying for coverage under Medicare Part A (premium free) or Part B, does not have such coverage under Medicare Part A or Part B solely because such Member has refused, discontinued, or failed to make any necessary application or applicable payment for Medicare Part A or Part B coverage.

    (c)

    For purposes of this Section, a Qualified Member is a Member who was an Active Member before January 9, 1997. The following rules shall apply for purposes of determining whether a Member was an Active Member before January 9, 1997:

    (i)

    If the Member terminates Membership due to a withdrawal of Accumulated Contributions (as provided in Section 203-11(d)) or a transfer of service credit and Accumulated Contributions to a State Retirement System (as provided in Sections 203-8 and 203-7-A), the Member shall not be considered to have been an Active Member for any period attributable to the withdrawn or transferred contributions, irrespective of whether the Member is subsequently granted credit for such period of service pursuant to Section 203-29, Section 203-8 or any similar provisions of this Retirement System.

    (ii)

    A Member shall not be considered to have been an Active Member for any period of Creditable Service of a Member that is attributable to State Retirement System Service Credit, Out of State and Federal Service Credit, or Unpaid Authorized Leave of Absence Service Credit.

    (iii)

    If a Member ceases (or ceased) to be an Employee, the Member shall not be considered to have been an Active Member for any period of employment that precedes the date the Member ceases (or ceased) to be an Employee, unless the Member does not withdraw all or any part of his Accumulated Contributions.

    (iv)

    Notwithstanding the foregoing, if a Member is granted service credit for a period of military absence pursuant to Sections 203-27 or 203-27A, to the extent required by federal law, the Member shall be considered to have been an Active Member during the period of military absence.

    (d)

    Any Inactive Member who is rehired on or after January 1, 2016 shall not be eligible for benefits under this Section.

    (e)

    The director of retirement or his or her designee shall adopt rules and policies necessary to implement this Section.

(Sec. 203-19; ordained by Ord. No. 442-1960; eff. Jan 1, 1961; a. Ord. No. 473-1961, eff. Jan 1, 1962; a. Ord. No. 67-1966, eff. Mar. 18, 1966; a. Ord. No. 24-1971, eff. Jan. 27, 1971; a. Ord. No. 187-1971, eff. July 3, 1971; a. Ord. No. 334-1971, eff. Sept. 22, 1971; renumbered to C.M.C. 203-43, eff. Jan. 1, 1972; a Ord. No. 545-1983, eff. Dec. 23, 1983; a. Ord. No. 487-1988, eff. Jan. 3, 1989; a. Ord. No. 284-2000, eff. 8-2-00; a. Ord. No. 352-2001, eff. Oct. 31, 2001; Emer. Ord. No. 0020-2007, § 1, eff. Jan. 1, 2007; Emer. Ord. No. 379-2008, eff. Nov. 19, 2008; Emer. Ord. 290-2009, § 7, eff. Oct. 28, 2009; a. Ord. No. 360-2009, § 1, eff. Dec. 25, 2009; a. Ord. No. 085-2011, § 1, eff. April 16, 2011; a. Ord. No. 336-2016, § 1, eff. Nov. 26, 2016; a. Emer. Ord. No. 343-2018, § 1, eff. Oct. 31, 2018)