OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 184 Final Analysis
134th General Assembly
Click here for H.B. 184’s Fiscal Note
Primary Sponsor: Rep. Carfagna
Effective date: June 13, 2022
Effective Date:
Christina Hambleton, LSC Fellow
SUMMARY
 Authorizes the Ohio Police and Fire Pension Fund (OP&F) Board of Trustees to assign
advanced practice registered nurses and physician assistants, in addition to physicians
and vocational evaluators, to conduct examinations of OP&F members applying for
disability benefits.
 Permits the Board to (1) grant disability benefits based solely on a member’s application
and supporting medical documentation or (2) require, before granting benefits, the
member to undergo a medical examination, vocational evaluation, or both.
 Requires, for a member’s disabling condition to be considered permanent, that the
condition be expected to last for at least a continuous 12-month period after a disability
benefit application is filed.
 Removes the requirement that the pre-employment examination of a prospective
member be conducted by a physician.
DETAILED ANALYSIS
Ohio Police and Fire Pension Fund disability retirement
The Ohio Police and Fire Pension Fund (OP&F) provides annual benefits to OP&F
members (full-time firefighters and full-time municipal police officers) determined to be
permanently disabled. The benefit amount varies depending on whether the permanent
disability is total or partial and whether it was incurred on-duty or off-duty. The OP&F Board of
Trustees makes disability determinations based on medical and vocational information
provided by the member, the member’s employer, and the Board’s experts.1
1R.C. 742.38 and R.C. 742.01, not in the act, and Member’s Guide to Disability Benefits (PDF), which is
available on the Ohio Police and Fire Pension Fund website: op-f.org.
March 22, 2022
Office of Research and Drafting LSC Legislative Budget Office
Medical and vocational experts
The act expands the types of experts the Board can assign to conduct examinations of a
member applying for disability benefits. Continuing law requires the Board to adopt rules
providing for it to assign competent and disinterested physicians and vocational evaluators to
conduct the examinations. The act requires the Board’s rules to also provide for assigning
competent and disinterested advanced practice registered nurses or physician assistants.
Advanced practice registered nurses and physician assistants assigned to conduct examinations
may only conduct examinations that are within their scope of practice and do not exceed their
training.2
Granting disability benefits
The act permits the Board to grant disability benefits to a member based solely on a
review of a disability benefit application and supporting medical documentation. The Board,
before granting disability benefits, alternatively may require the member to undergo a medical
examination, vocational evaluation, or both. Any medical examination or vocational evaluation
must be conducted by a physician, advanced practice registered nurse, physician assistant, or
vocational evaluator the Board has assigned. The Board can accept an examination report of a
medical examination conducted by an advanced practice registered nurse or physician assistant
only if a physician reviews, approves, and signs the report before it is submitted to the Board.3
While former law was silent regarding whether a member had to undergo an
examination or evaluation before being granted disability benefits, continuing law requires the
Board to adopt rules establishing objective criteria under which a disability determination is
made. A rule the Board adopted requires a member applying for disability benefits to undergo
an examination conducted by a medical examiner and vocational evaluator unless medically
inadvisable to do so.4
Permanent disabling condition
As indicated above, the Board cannot grant disability benefits to a member unless the
disabling condition is permanent, which under continuing law means it must be one from which
there is no present indication of recovery. To be considered permanent under the act, the
disabling condition also must be expected to last for at least a continuous 12-month period
after a disability benefit application is filed. Former law did not specify a minimum period that
the disabling condition was expected to continue for it to be considered permanent.5
2 R.C. 742.38(C) and (E).
3 R.C. 742.38(D).
4 R.C. 742.38(C) and Ohio Administrative Code 742-3-05(B)(1) and (C)(5).
5 R.C. 742.38(D).
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Final Analysis
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Pre-employment examinations
An employer under continuing law must require a prospective member to submit to a
pre-employment physical examination on entry into a police or fire department. The act
removes the requirement that a physician administer the pre-employment examination.6
Technical changes
The act makes several technical changes to OP&F’s disability retirement law.7 It also
removes a disqualification from receiving disability benefits for a member who elected to
receive benefit and pension payments from a former police or firemen’s relief and pension fund
under rules in effect on April 1, 1947.8
HISTORY
Action Date
Introduced 03-09-21
Reported, H. Financial Institutions 06-22-21
Passed House (95-0) 06-23-21
Reported, S. Insurance 11-17-21
Passed Senate (33-0) 02-16-22
House concurred in Senate amendments (91-0) 03-02-22
22-ANHB184EN-134/ar
6 R.C. 742.38(A) and (B).
7 R.C. 742.38(B) and (C).
8 R.C. 742.38(D), by reference to R.C. 742.37(A) and (B), not in the act.
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Final Analysis


Statutes affected:
As Introduced: 742.38
As Reported By House Committee: 742.38
As Passed By House: 742.38
As Reported By Senate Committee: 742.38
As Passed By Senate: 742.38
As Enrolled: 742.38