OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 261 Bill Analysis
135th General Assembly
Click here for H.B. 261’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Patton and Sweeney
Effective date:
Christopher Edwards, Attorney
SUMMARY
 Includes in the Public Employees Retirement System (PERS) public safety division a PERS
member who, after the bill’s effective date, becomes employed full time in a position
requiring a certificate to practice as a first responder, emergency medical technician
(EMT) basic, EMT-intermediate, or EMT-paramedic (an “EMS worker”).
 Allows a PERS member who, on the bill’s effective date, is employed as an EMS worker
to elect to participate in the PERS public safety division rather than regular PERS for the
member’s future service.
DETAILED ANALYSIS
Public Employees Retirement System – public safety division
Under continuing law, the Public Employees Retirement System (PERS) has special
retirement and benefit provisions for PERS members who are considered public safety officers. 1
These are officers who are in law enforcement but whose primary duties are other than to
preserve the peace, protect life and property, and enforce Ohio law. They include certain
deputy sheriffs, township police officers, and university police officers who are not in the PERS
law enforcement division (the law enforcement division includes certain officers whose primary
duties are to preserve the peace, protect life and property, and enforce Ohio law). 2
The bill includes emergency medical services (EMS) workers in the PERS public safety
division. It defines EMS workers as PERS members who are employed full time in positions that
require a certificate to practice as any of the following:
1 R.C. 145.332, not in the bill.
2 R.C. 145.01(YY) and (BBB).
October 2, 2023
Office of Research and Drafting LSC Legislative Budget Office
 First responder;
 Emergency medical technician-basic;
 Emergency medical technician-intermediate;
 Emergency medical technician-paramedic.
A member who starts employment as an EMS worker on or after the bill’s effective date
is automatically included in the PERS public safety division.3
A member who, on the bill’s effective date, is employed as an EMS worker may elect to
participate in the PERS public safety division rather than regular PERS. To make an election, a
member must notify PERS on a form provided by the PERS Board, and PERS must receive the
notice not later than 90 days after the bill’s effective date. The election, once made, is
irrevocable and causes the member to be considered a PERS public safety officer for future
public safety service. Any service credit the member earned before the first day of the first
month following the system’s receipt of the election will be treated as regular PERS credit.
Service credit earned on or after that date will be considered credit as a PERS public safety
officer.4
Background
A member who is employed as an EMS worker on the bill’s effective date and is close to
retirement may find it more advantageous to remain in regular PERS than make the election
described above. This is because, in determining eligibility for retirement under the public
safety provisions, typically only public safety service credit is considered. A member with both
regular service credit and public safety credit can retire under regular PERS but receives no
additional benefit for the higher contributions made for public safety service. 5
PERS public safety officers have higher employee and employer contribution rates than
regular PERS members. The table below compares those contributions rates. The employee
contribution is a percentage of the employee’s salary. The employer contribution is an amount
equal to a percentage of the employee’s salary.6
3 R.C. 145.01(AAA) and (BBB), by reference to R.C. 4765.30, not in the bill.
4 R.C. 145.335.
5R.C. 145.32 and 145.33, not in the bill, and see Law Enforcement/Public Safety Officers (PDF), which
may be accessed by conducting a keyword “law enforcement” search on the Public Employees
Retirement System (PERS) website: opers.org.
6R.C. 145.47, 145.48, and 145.49, not in the bill, and see Employer Notice (PDF), which may be accessed
by conducting a keyword “contribution rates 2023” search on the PERS website: opers.org.
P a g e |2 H.B. 261
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
Contribution rates
PERS member Employee Employer
Regular PERS member 10.00% 14.00%
PERS public safety officer 12.00% 18.10%
Additionally, public safety officers have different eligibility requirements for age and
service retirement than regular PERS members. For example, PERS public safety officers in
Group C (for purposes of retirement eligibility, PERS members are placed into one of three
groups) are eligible to retire with a full PERS pension at age 56 with at least 25 years of service
credit, or age 64 with at least 15 years of service credit. Regular PERS members in Group C are
eligible to retire with a full PERS pension at age 55 with at least 32 years of service credit, or age
67 with at least five years of service credit. The pension amount a member receives is
determined based on the member’s age, years of service, and final average salary.7
HISTORY
Action Date
Introduced 09-12-23
ANHB0261IN-135/ts
7R.C. 145.32 and 145.332, not in the bill, and see page 1 of Retiring from Public Employment (PDF),
which may be accessed by conducting a keyword “retiring public employment” search on the PERS
website: opers.org.
P a g e |3 H.B. 261
As Introduced