§ 35.30  DEFINITIONS.
   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)