Ohio lawmaker proposes ban on 'double dipping'
Monday, December 5, 2011 1:05 AM
A northern Ohio Republican lawmaker has introduced legislation that would restrict "double dipping" (collecting retirement benefits while continuing to work for the taxpayers) for state government employees.
State Rep. Rex Damschroder
House Bill 388 Sponsor: Representative Damschroder Cosponsors: Representatives Thompson, Pelanda
To amend sections 145.01, 145.191, 145.38, 145.384, 145.471, 145.473, 145.58, 145.82, 742.26, 3307.35, 3307.352, 3309.341, 3309.344, and 3501.13; to enact sections 145.386, 742.261, 3307.354, and 3309.346; and to repeal section 5505.161 of the Revised Code to suspend, during the period of employment, the retirement benefit of a public retirement system retiree who returns to public employment.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 145.01, 145.191, 145.38, 145.384, 145.471, 145.473, 145.58, 145.82, 742.26, 3307.35, 3307.352, 3309.341, 3309.344, and 3501.13 be amended and sections 145.386, 742.261, 3307.354, and 3309.346 of the Revised Code be enacted to read as follows:
Sec. 145.01. As used in this chapter:
(A) "Public employee" means:
(1) Any person holding an office, not elective, under the state or any county, township, municipal corporation, park district, conservancy district, sanitary district, health district, metropolitan housing authority, state retirement board, Ohio historical society, public library, county law library, union cemetery, joint hospital, institutional commissary, state university, or board, bureau, commission, council, committee, authority, or administrative body as the same are, or have been, created by action of the general assembly or by the legislative authority of any of the units of local government named in division (A)(1) of this section, or employed and paid in whole or in part by the state or any of the authorities named in division (A)(1) of this section in any capacity not covered by section 742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.
(2) A person who is a member of the public employees retirement system and who continues to perform the same or similar duties under the direction of a contractor who has contracted to take over what before the date of the contract was a publicly operated function. The governmental unit with which the contract has been made shall be deemed the employer for the purposes of administering this chapter.
(3) Any person who is an employee of a public employer, notwithstanding that the person's compensation for that employment is derived from funds of a person or entity other than the employer. Credit for such service shall be included as total service credit, provided that the employee makes the payments required by this chapter, and the employer makes the payments required by sections 145.48 and 145.51 of the Revised Code.
(4) A person who elects in accordance with section 145.015 of the Revised Code to remain a contributing member of the public employees retirement system.
In all cases of doubt, the public employees retirement board shall determine whether any person is a public employee, and its decision is final.
(To read the bill in its entirety, click on the House Bill 388 link.)
House Bill 388 would amend sections of the Ohio Revised Code and repeal section 5505.161 of the ORC to suspend, during the period of employment, the retirement benefit of a public retirement system retiree who returns to public employment.
State Rep. Rex Damschroder, R-Fremont, has announced that he has introduced the legislation.
“It’s just not right,” Damschroder told The Dayton Daily News of “double dipping.”
“Retire means to stop working,” said Damschroder. “That’s what a pension is for.”
The lawmaker also said that double dipping means that fewer jobs are available for new public employees, according to the DDN.
Rep. Cliff Rosenberger, R-Clarksville, who represents Highland County in the 86th House District, said he has not had a chance to visit the bill, but plans to speak with Rep. Damschroder about it.
Damschroder represents the 81st district, which includes all of Sandusky County and portions of Seneca and Ottawa counties.
He has served as chairman of the House Transportation Committee and also served six years on the House Finance and Appropriations Committee, where he served as chairman of the Transportation and Public Safety Subcommittee, responsible for the state’s transportation budget issues. He also served as chairman of the Ohio Turnpike Oversight Committee.
Prior to his election to the Ohio House, Damschroder owned and operated several businesses in his community. He has been elected to the Terra Community College Board of Trustees and served on the Ohio Republican State Central Committee. From 2005-07, Damschroder served as an at-large member of Fremont City Council.
He has served as an adjunct faculty member of Terra Community College and Flight Safety International. In addition, he is a State of Ohio licensed Realtor.