RH Jones research: Change in ORC wording (thanks to Jim Petro) stripped STRS of authority to increase employer contribution to HC fund

RH Jones to John Curry, February 22, 2008
Subject: Re: OPERS 2008 contributions rate table

John,

I noticed that the OPERS "EMPLOYER NOTICE" the Public Safety and Law Enforcement was raised to the level of 17.40% employer contribution for this year 2008 "As provided in the Health Care Preservation Plan". According to the OPERS "rate table", this increase in employer contribution was authorized by the OPERS Board of Trustees!

As far as my research, and that of K. Fluke, PhD, SummitCRTA Legislative Chair and CORE member, in the year 2003 of the Ohio law books available in the Akron Public Library, we found, indeed, that the STRS Bd. had that same power until suddenly the wording of the ORC may have been changed in 2003 by the Atty. Gen., Jim Petro. The wording: "not to exceed 14%" was then added to the ORC? That ORC, we thought, had previously authorized the STRS of Ohio to raise the employer rate with a vote of the STRS Bd. Prior to Petro's inclusion of these words into the ORC, we had passed the info to Damon Asbury that the STRS Bd could, perhaps, raise the employer rate when needed. Asbury then contacted Petro for his input; and that was when Petro may have made this change.

Not being lawyers, but having been trained in school law research in fulfilling the requirements of our Master's Degrees in Education, our findings lacked the input of a trained lawyer. However, as individuals, he and I did not have funds to gain a lawyer's judgment. As PUFL [Paid-Up-For-Life] members, we had to rely on our OEA, OEA-R, OFT, ORTA and even the STRS to check the legalities of this 14% employer cap. None responded. CORE responded, but could not raise enough funding to provide a lawyer. We had to rely on "hard-hearted", and none responsive politicians of that time, to look into it. Of Course, we got nowhere with them either. It seems that is okay to short teachers on health care, perhaps because the majority are women, but both women and men have faced just as much danger to our physical and mental health in the classrooms and school grounds from students, parents and the public as "Public Safety and Law Enforcement" do. Why, then, is their OPERS employer rate higher than ours STRS Ohio? Ironically, we educators were promised orally, and in writing, that we would have health care in retirement. Collectively, retirees were unwilling to go for a class action.

Not having a satisfactory explanation of the shadowy change in the ORC concerning the employer contribution to the STRS, a week, or so, ago I mailed by USPS to the new Atty. Gen., Marc Dann, a request: If he would kindly research it for us retired educators and get for us the real facts. If and when I hear back from him, I will let all of you know of his findings, if any. After all, we did work very, hard to get Dann elected. I do hope that he will make a judgment call in our favor. It is time someone does the right thing in our state. Providing a steady stream of funding for retired teacher health care will surely help move the state forward. An educated citizenry certainly makes for a prosperous state.

I, for one, cannot for long keep paying out well over $12,000 per year for health care. That figure includes co-pays, prescriptions, eye and dental. Is that what future retired career educators have to look forward to in Ohio? And if the Atty. Gen. Dann says Petro was correct. And if HB 315 does not pass as some say it will not. Is it no wonder teachers look for other employment. Thank God, my wife and I did not have severe ear trouble or a hearing problem, yet! Or worse, yet, a catastrophic illness, let alone nursing home care. I reveal these personal facts so that active teachers and all others know what teachers have to look forward to after retirement. To teach is a very demanding and exhausting profession. If you do not believe me; try teaching just for a day and then grading papers that night while planning lessons for the next day. If that does not exhaust you; try teaching all day and then going back for "Open House" to talk to parents about their child's progress, or lack of. Some nights it was 10:00 PM before I left the building. And, I had to face the students early the next morning for another exhausting day.

Teachers earned health care in retirement. It is up to the employers to honor their promises.

RHJones, a retired STRS member

From John Curry, February 21, 2008
Subject: OPERS 2008 contributions rate table

[Link to OPERS contributions rate table (in PDF)]