Roseman v. Firemen & Policemen's Death Benefit Fund

This case presents one issue: Does that part of R.C. 742.63, specifically R.C. 742.63(H), which provides that benefit amounts paid from the fund to a survivor shall not be adjusted when another survivor’s benefit is terminated or reduced, violate the Equal Protection Clauses of the Ohio and United States Constitutions? 1 For the reasons which follow, we find that R.C. 742.63(H) violates appellee’s equal protection rights. We affirm the judgment of the court of appeals.

The fund is created by R.C. 742.61. Benefits paid from the fund come from money provided by the state (and from any gifts made…