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Laws

SERS is governed by Chapter 3309 of the Ohio Revised Code and Ohio Administrative Rules.

SERS Statutes - ORC Chapter 3309

SERS Rules - OAC Chapter 3309

SERS and its members can be significantly affected by legislation enacted by the Ohio General Assembly and Congress. The impact of legislation and federal regulatory activities on SERS and other public retirement systems has increased in recent years. SERS closely monitors legislative activities and, when appropriate, provides testimony or otherwise educates Ohio legislators, congressional representatives, and regulatory agencies on the impact of these proposals.

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131st General Assembly

HB284

PENSIONS-FEDERAL OFFENSES Mike Dovilla (H7-R-Berea) and Marlene Anielski (H6-R-Walton Hills) To add extortion and perjury and certain federal offenses to the offenses that may result in forfeiture or termination of public retirement system benefits.

Current Status: 09/28/2016 Referred to Senate Criminal Justice

ORSC Position:  Approved staff recommendation for passage with amendments


 

HB520

PUBLIC RETIREMENT SYSTEMS Kirk Schuring, (H48-R-Canton) Dan Ramos, (H56-D-Lorain) To revise the law governing the state's public retirement systems.

Current Status: 1/4/2017 - signed by Governor; effective in 90 days

ORSC Position: Staff recommended amendments and approval


114th Congress

HR 711

SPONSOR: Rep. Kevin Brady (R-TX)

LAST ACTION: 3/22/2016 Hearing in the House Ways and Means Social Security Subcommittee.

CAPTION: Amends title II of the Social Security Act to repeal the windfall elimination provision and protect the retirement of public servants.

COMMENT: The Equal Treatment for Public Servants Act of 2015. Repeals the Windfall Elimination Provision (WEP) and replaces it with a formula that is proportional to a worker’s full career earnings. HR 711 has 131 co-sponsors, including twelve Ohioans: Beatty, Chabot, Gibbs, Johnson, Joyce, Kaptur, Latta, Renacci, Ryan, Stivers, Tiberi, and Turner.


HR 973

SPONSOR: Rep. Rodney Davis (R-IL)

LAST ACTIONS: 2/13/2015 Referred to the House Committee on Ways and Means.

CAPTION: Amends title II of the Social Security Act to repeal the Government Pension Offset and Windfall Elimination Provisions.

COMMENT: The Social Security Fairness Act of 2015. Repeals the Government Pension Offset (GPO) and WEP. HR 973 has 159 co-sponsors, including six Ohioans: Beatty, Fudge, Joyce, Kaptur, Ryan, and Turner. Companion bill to S 1651.


S 1651

SPONSOR: Sen. Sherrod Brown (D-OH)

LAST ACTIONS: 6/23/2015 Referred to the Senate Committee on Finance.

CAPTION: Amends title II of the Social Security Act to repeal the Government Pension Offset and Windfall Elimination Provisions.

COMMENT: The Social Security Fairness Act of 2015. Repeals the Government Pension Offset (GPO) and WEP. S 1651 has 25 co-sponsors. Companion bill to HR 973.


HR 4822

SPONSOR: Sen. Devin Nunes (R-CA)

LAST ACTIONS: 3/21/16 Referred to the House Committee on Ways and Means.

CAPTION: To amend the Internal Revenue Code of 1986 to provide for reporting and disclosure by State and local public employee retirement pension plans.

COMMENT: The Public Employee Pension Transparency Act. Requires reporting the system’s liabilities using a risk-free rate to the Treasury Department for a public database; failure to report would result in the state losing its tax-exempt bonding authority. HR 4822 has eight co-sponsors, but none from Ohio.

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If you would like to contact your Ohio State Representative and Senator on these bills, links to contact information and district maps are below:

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If you would like to encourage Ohio's congressional delegation to support any of these bills, click here, or links to contact information and a district map are below:

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131st  Ohio General Assembly and 114th Congress

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131st General Assembly

HB284

PENSIONS-FEDERAL OFFENSES Mike Dovilla (H7-R-Berea) and Marlene Anielski (H6-R-Walton Hills) To add extortion and perjury and certain federal offenses to the offenses that may result in forfeiture or termination of public retirement system benefits.

Current Status: 09/28/2016 Referred to Senate Criminal Justice

ORSC Position:  Approved staff recommendation for passage with amendments


 

HB520

PUBLIC RETIREMENT SYSTEMS Kirk Schuring, (H48-R-Canton) Dan Ramos, (H56-D-Lorain) To revise the law governing the state's public retirement systems.

Current Status: 1/4/2017 - signed by Governor; effective in 90 days

ORSC Position: Staff recommended amendments and approval


114th Congress

HR 711

SPONSOR: Rep. Kevin Brady (R-TX)

LAST ACTION: 3/22/2016 Hearing in the House Ways and Means Social Security Subcommittee.

CAPTION: Amends title II of the Social Security Act to repeal the windfall elimination provision and protect the retirement of public servants.

COMMENT: The Equal Treatment for Public Servants Act of 2015. Repeals the Windfall Elimination Provision (WEP) and replaces it with a formula that is proportional to a worker’s full career earnings. HR 711 has 131 co-sponsors, including twelve Ohioans: Beatty, Chabot, Gibbs, Johnson, Joyce, Kaptur, Latta, Renacci, Ryan, Stivers, Tiberi, and Turner.


HR 973

SPONSOR: Rep. Rodney Davis (R-IL)

LAST ACTIONS: 2/13/2015 Referred to the House Committee on Ways and Means.

CAPTION: Amends title II of the Social Security Act to repeal the Government Pension Offset and Windfall Elimination Provisions.

COMMENT: The Social Security Fairness Act of 2015. Repeals the Government Pension Offset (GPO) and WEP. HR 973 has 159 co-sponsors, including six Ohioans: Beatty, Fudge, Joyce, Kaptur, Ryan, and Turner. Companion bill to S 1651.


S 1651

SPONSOR: Sen. Sherrod Brown (D-OH)

LAST ACTIONS: 6/23/2015 Referred to the Senate Committee on Finance.

CAPTION: Amends title II of the Social Security Act to repeal the Government Pension Offset and Windfall Elimination Provisions.

COMMENT: The Social Security Fairness Act of 2015. Repeals the Government Pension Offset (GPO) and WEP. S 1651 has 25 co-sponsors. Companion bill to HR 973.


HR 4822

SPONSOR: Sen. Devin Nunes (R-CA)

LAST ACTIONS: 3/21/16 Referred to the House Committee on Ways and Means.

CAPTION: To amend the Internal Revenue Code of 1986 to provide for reporting and disclosure by State and local public employee retirement pension plans.

 

COMMENT: The Public Employee Pension Transparency Act. Requires reporting the system’s liabilities using a risk-free rate to the Treasury Department for a public database; failure to report would result in the state losing its tax-exempt bonding authority. HR 4822 has eight co-sponsors, but none from Ohio.130th General Assembly

 

130th Ohio General Assembly 

 

SB42 PROPERTY TAXES-SCHOOL SECURITY Gale Manning (S13-R-N. Ridgeville) and Randy Gardner (S2-R-Bowling Green) To authorize school districts to levy a property tax exclusively for school safety and security purposes.

Current Status: 12/04/2014 House Ways and Means, Reported out as amended

Statutes affected: Numerous

ORSC Position: SB 42 was amended with SERS’ desired joint retirement language and clean-up provisions, and all had been approved by ORSC.


HB162 RETIREMENT SYSTEM OFFENSES Mike Dovilla (H7-R-Berea) and Marlene Anielski (H6-R-Independence) To add extortion and perjury and certain federal offenses to the offenses committed by a public retirement system member in the context of the member's public employment in a position of honor, trust, or profit that may result in forfeiture of retirement system benefits or the termination of retirement system disability benefits and to make the establishment of a long term care insurance program by a public retirement system discretionary.

Current Status: 12/03/2014 Senate State Government Oversight and Reform, (Third Hearing)

Statutes affected: 3309.22, 3309.672, 3309.673, 3309.691

ORSC Position: Recommended passage with amendments


HB285  PUBLIC EMPLOYEE RETIREMENT PENSION John Becker (H65-R-Cincinnati) To provide that an individual retiring on or after the effective date of this act from one of the state's public retirement systems who is re-employed as a public employee will not receive the pension portion of the retirement allowance for the period of employment.

Current Status: 11/12/2013 Referred to Health and Aging Committee

Statutes affected: 3309.341, 3309.344, 3309.345

ORSC Position:


HB620 STATE RETIREMENT-SURVIVOR BENEFITS TO EX-SPOUSES Matt Huffman (H4-R-Lima) To provide for payment to an ex-spouse of part of any survivor benefits or return of contributions payable to the surviving spouse of a state retirement system member who dies prior to retirement and to modify eligibility requirements for benefits provided to survivors of deceased members of the State Teachers Retirement System and the Public Employees Retirement System.

Current Status: 12/03/2014 House Health and Aging, (First Hearing)

Statutes affected: 3309.44, 3309.45, 3309.671

ORSC Position:


113th Congress

HR 1628


SPONSOR: Rep. Devin Nunes (R-CA)

LAST ACTION: 04/18/2013 Referred to House Committee on Ways and Means
CAPTION: Amends the Internal Revenue Code of 1986 to provide reporting and disclosure by State and local public employee retirement pension plans.

COMMENT: Requires public pension funds to file annual reports with the U.S. treasury secretary with details about their assets, liabilities, and funding status using a prescribed methodology. Non-compliant states and localities would be denied federal tax benefits for their bonds. Also prohibits federal bailouts of state and local pension plans. HR 1628 has 10 co-sponsors. Companion bill to S 779.


HR 1763

SPONSOR: Rep. Dina Titus (D-NV)

LAST ACTIONS: 7/8/2013 Referred to the Subcommittee on Early Childhood, Elementary, and Secondary Education

CAPTION: Recognizing Achievement in Classified School Employees Act - Directs the Secretary of Education to award National Classified School Employees of the Year Awards to public school employees within certain occupational specialties who provide exemplary service to students in pre-kindergarten through higher education.

COMMENT: HR 1763 has 79 co-sponsors including one Ohioan: Beatty.


HR 1795

SPONSOR: Rep. Rodney Davis (R-IL)

LAST ACTION: 04/26/2013 Referred to House Committee on Ways and Means

CAPTION: Amends title II of the Social Security Act to repeal the Government Pension Offset and Windfall Elimination Provisions.

COMMENT: Repeals the offset and windfall. HR 1795 has 136 co-sponsors including six Ohioans: Beatty, Fudge, Joyce, Kaptur, Ryan, and Turner. Companion bill to S 896.


HR 2720

SPONSOR: Rep. Sam Johnson (R-TX)

LAST ACTION: 07/18/2013 Referred to the House Committee on Ways and Means

CAPTION: To amend title II of the Social Security Act to provide for the treatment of death information furnished to or maintained by the Social Security Administration, and for other purposes.

COMMENT: Requires SSA to restore access to the full Death Master File to public retirement systems and other selected entities. HR 2720 has 24 co-sponsors including two Ohioans: Renacci and Ryan.


HR 5697

SPONSOR: Rep Brady, Kevin [TX-8]

LAST ACTION: 11/13/2014 Referred to the House Committee on Ways and Means

CAPTION: Amends title II of the Social Security Act to repeal the Windfall Elimination Provision and protect the retirement of public servants.

COMMENT: Repeals the Windfall Elimination Provision. HR 5697 has 6 co-sponsors including one Ohioan: Tiberi.


S 779

SPONSOR: Sen. Richard Burr (R-NC)

LAST ACTION: 04/23/2013 Referred to Senate Committee on Finance

CAPTION: Amends the Internal Revenue Code of 1986 to provide reporting and disclosure by State and local public employee retirement pension plans.

COMMENT: Requires public pension funds to file annual reports with the U.S. treasury secretary with details about their assets, liabilities, and funding status using a prescribed methodology. Non-compliant states and localities would be denied federal tax benefits for their bonds. Also prohibits federal bailouts of state and local pension plans. S 779 has two co-sponsors. Companion bill to HR 1628.


S 896

SPONSOR: Sen. Mark Begich (D-AK)

LAST ACTION: 05/08/2013 Referred to Senate Committee on Finance

CAPTION: Amends title II of the Social Security Act to repeal the Government Pension Offset and Windfall Elimination Provisions.

COMMENT: Repeals the offset and windfall. S 896 has 20 co-sponsors. Companion bill to HR 1795.

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COLA Changes: What You Need to Know

Click here to read about the proposed changes to the Cost-of-Living Adjustment.

Click here for a chart that compares SERS' proposed COLA changes to the COLAs of other Ohio public retirement systems. This document also contains a breakdown of percentage changes in the Consumer Price Index over the past 15 years.

Contact Congress Regarding An Important Issue Affecting SERS Retirees

Contacting your legislators is easy using SERS' Legislative Action Alert. By entering your ZIP code, you’ll have access to the contact information (e-mail address, phone number, and mailing address) of your federal legislators.

OPPOSE SOCIAL SECURITY OFFSET AND WINDFALL PENALTIES

We encourage SERS members and retirees to contact their members of Congress to ask them to support elimination of these provisions.

Encourage your legislator to support the Equal Treatment of Public Servants Act.

Monthly Administrative Expense Reports

The Monthly Administrative Expense Reports contain information about SERS' day-to-day operating expenses and is provided in both summary and detail formats.

Click here to view these administrative expense reports.

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