For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FIRE DEPARTMENT. A volunteer fire department, a fire department of a political subdivision or fire district of the state, or a private volunteer company that has elected to participate in the Volunteer Firefighters’ Dependents Fund pursuant to R.C. § 146.02.
MEMBER OF THE FUND. Includes a political subdivision or fire district of the state that maintains, in whole or in part, a volunteer fire department or employs volunteer firefighters, and a private volunteer fire company that has elected to participate in the Volunteer Firefighters’ Dependents Fund.
PRIVATE VOLUNTEER FIRE COMPANY. A company of trained volunteer firefighters having a contract to furnish fire protection or emergency service or both to a political subdivision or fire district of the state.
TOTALLY AND PERMANENTLY DISABLED. The term means that a volunteer firefighter is unable to engage in any substantial gainful employment for a period of not less than twelve months by reason of a medically determinable physical impairment that is permanent or presumed to be permanent.
VOLUNTEER FIREFIGHTER.
(1) The term means both of the following, subject to division (2) of this definition:
(a) A duly appointed member of a fire department on either a non-pay or part-pay basis who is ineligible to be a member of the Ohio Police and Fire Pension Fund, or whose employment as a firefighter does not in itself qualify any such person for membership in the Public Employees Retirement System, or who has wived membership in the Public Employees Retirement System;
(b) Firefighters drafted, requisitioned, or appointed to serve in an emergency.
(2) (a) A volunteer firefighter who is a member of the Public Employees Retirement System shall be considered a volunteer firefighter for purposes of this chapter and R.C. Chapter 146 and, in particular, for purposes of R.C. § 146.12(A) and (B), until the firefighter has at least 1.5 years of Ohio service credit for purposes of R.C. § 145.45(B);
(b) A volunteer firefighter who is a member of the Public Employees Retirement System shall be considered a volunteer firefighter for purposes of this chapter and R.C. Chapter 146 and, in particular, for purposes of R.C. § 146.12(C), until the firefighter has at least five years of total service credit for purposes of R.C. §§ 145.35 and 145.36 or R.C. § 145.361.
VOLUNTEER FIREFIGHTERS’ DEPENDENTS FUND. The Fund established by R.C. § 146.07.
(R.C. § 146.01) (Rev. 2003)
(A) If and when the municipality has a Fire Department employing volunteer firefighters, it shall be a member of the Volunteer Firefighters’ Dependents Fund and shall establish a Volunteer Firefighters’ Dependents Fund Board.
(B) A private volunteer fire company which has contracted to afford fire protection to a political subdivision or fire district may become a member of the Volunteer Firefighters’ Dependents Fund by election and shall, if it so elects, establish a Volunteer Firefighters’ Dependents Fund Board. The company shall notify the State Fire Marshal and the governing body of the political subdivision or fire district with which it has its major contract of the election to become a member of the Fund.
(R.C. § 146.02) (Rev. 2002)
(A) A Volunteer Firefighters’ Dependents Fund Board provided for in § 35.31(A) shall consist of five members chosen as follows:
(1) Two members elected by the Legislative Authority of the political subdivision or the Legislative Authority of the fire district;
(2) Two members elected by the Fire Department or the volunteer firefighters;
(3) One member elected by the Board members who were elected pursuant to divisions (A)(1) and (A)(2) of this section. This member shall be an elector of the municipality or the fire district, but not a public employee, a member of Legislative Authority or a member of the Fire Department.
(B) A Volunteer Firefighters’ Dependents Fund Board provided for in § 35.31(B) shall consist of five members chosen as follows:
(1) Two members elected by Legislative Authority of the political subdivision or the Legislative Authority of the fire district with which the private volunteer fire company has its major contract;
(2) Two members elected by the private volunteer fire company;
(3) One member elected by the Board members who were elected pursuant to divisions (B)(1) and (B)(2) of this section. This member shall be an elector of a political subdivision or fire district with which the private volunteer fire company has contracted to afford fire protection, but not a public employee, a member of the Legislative Authority or a member of the fire company.
(C) Any vacancy occurring in a Volunteer Firefighters’ Dependents Fund Board shall be filled at a special election called by the Secretary of the Board.
(R.C. § 146.03) (Rev. 2002)
(A) The term of each member of the Volunteer Firefighters’ Dependents Fund Board is one year and begins on January 1.
(B) Election of Board members provided for in § 35.32(A)(1) and (B)(1) shall be held each year no earlier than November 1 and no later than the second Monday in December, and the election of the Board members provided for in § 35.32(A)(3) and (B)(3) shall be held each year on or before December 31.
(C) The Board members provided for in § 35.32(A)(2) and (B)(2) shall be elected on or before the second Monday in December, as follows:
(1) The Secretary of the Board shall give notice of the election by posting it in a conspicuous place at the headquarters of the Fire Department or fire company and at the house of each company composing the Fire Department. Between 9:00 a.m. and 9:00 p.m. on the day designated, each member of the Department or company shall send in writing the name of two persons, members of the Department or company, who are the member’s choices.
(2) All votes cast at the election shall be counted and recorded by the Board which shall announce the result. The two members receiving the highest number of votes are elected. If any two persons receive a tie vote, it shall be decided by lot or in any other way agreed upon by the persons for whom the tie vote was cast.
(R.C. § 146.04) (Rev. 2002)
(A) The Volunteer Firefighters’ Dependents Fund Board shall meet promptly after its election and organize. A Chairperson and a Secretary shall be elected. The Secretary shall keep a complete record of the proceedings of the Board, which record shall be maintained as a permanent file.
(B) The Board may adopt rules necessary for the handling and processing of claims and shall perform such other duties as are necessary to carry out this subchapter and R.C. §§ 146.01 through 146.19.
(C) The Secretary of the Board shall immediately certify to the State Fire Marshal the names and addresses of the members elected, by whom elected, and the names of the Board Chairperson and Secretary. The Secretary shall also forward a certificate prepared by the Municipal Clerk or the clerk of the fire district of the current assessed valuation of the municipality or fire district if the municipality or fire district is a member of the Fund.
(D) A private volunteer fire company which is a member of the Fund shall provide the Secretary of the Board with a roster of the fire company members and shall report any changes to the Secretary when they occur. Only persons whose names appear on the list, and in no event more than an average number of 50 names per station operated by the volunteer fire company, are eligible for benefits under this subchapter and R.C. §§ 146.01 through 146.19.
(R.C. § 146.05) (Rev. 2002)
(A) The members of the Volunteer Firefighters’ Dependents Fund Board shall serve without compensation. The municipality or the fire district within which the Board operates shall provide the necessary meeting place, stationery, postage, and supplies for the efficient conduct of its business.
(B) The legal advisor for the Board is the prosecuting attorney of the county in which the Board is located.
(R.C. § 146.06) (Rev. 2002)