As Passed by the House                        1            

123rd General Assembly                                             4            

   Regular Session                       Am. Sub. H. B. No. 15     5            

      1999-2000                                                    6            


  REPRESENTATIVES MOTTLEY-TIBERI-SCHULER-ALLEN-JAMES-GRENDELL-     10           

 D. MILLER-OPFER-WILLAMOWSKI-LUCAS-GARDNER-TERWILLEGER-BRITTON-                 

THOMAS-SULZER-BENDER-OLMAN-EVANS-JOLIVETTE-VESPER-OGG-HOLLISTER-   11           

PERRY-CORBIN-DISTEL-PETERSON-SMITH-ROBERTS-PATTON-BARNES-AUSTRIA-  12           

                      JONES-VERICH-SALERNO                         13           


_________________________________________________________________   14           

                          A   B I L L                                           

             To amend sections 145.294, 145.37, 3307.281,          16           

                3307.41, 3309.27, and 3309.35 and to enact         17           

                sections 145.311, 145.312, 3307.282, 3307.283,     19           

                3309.261, and 3309.262 of the Revised Code to      20           

                allow a member of the Public Employees Retirement  21           

                System, School Employees Retirement System, or     22           

                State Teachers Retirement System to restore by                  

                payroll deduction service credit for certain       23           

                prior service covered by one of the other                       

                systems.                                           24           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        26           

      Section 1.  That sections 145.294, 145.37, 3307.281,         28           

3307.41, 3309.27, and 3309.35 be amended and sections 145.311,     30           

145.312, 3307.282, 3307.283, 3309.261, and 3309.262 of the         32           

Revised Code be enacted to read as follows:                                     

      Sec. 145.294.  (A)  The public employees retirement board    41           

may establish by rule a payroll deduction plan for payment of the  43           

cost of restoring service credit under section 145.31 OR 145.311   45           

of the Revised Code or purchasing any service credit members of    46           

the public employees retirement system are eligible to purchase    47           

under this chapter.  In addition to any other matter considered    48           

relevant by the board, the rules shall specify all of the          49           

                                                          2      


                                                                 
following:                                                         50           

      (1)  The types of service credit that may be paid for        52           

through payroll deduction, including the section of the Revised    53           

Code that authorizes the purchase of each type of service credit   54           

for which payment may be made by payroll deduction;                55           

      (2)  The procedure to be followed by a member to inform his  57           

FOR INFORMING THE MEMBER'S employer and the system that he THE     60           

MEMBER wishes to purchase service credit under this chapter        62           

through payroll deduction;                                                      

      (3)  The procedure to be followed by the system and          64           

employers to determine for each request the amount to be           65           

deducted, the number of deductions to be made, and the interval    66           

at which deductions will be made.  The rules may provide for a     67           

minimum amount for each deduction or a maximum number of           68           

deductions for the purchase of any type of credit.                 69           

      (4)  The procedure to be followed by employers in            71           

transmitting amounts deducted from the salaries of their           72           

employees to the system;                                           73           

      (5)  The procedure to be followed by the system in           75           

crediting service credit to members who choose to purchase it      76           

through payroll deduction.                                         77           

      (B)  If the board establishes a payroll deduction plan       79           

under this section, it shall certify to the member's employer for  80           

each member for whom deductions are to be made, the amount of      81           

each deduction and the payrolls from which deductions are to be    82           

made.  The employer shall make the deductions as certified and     83           

transmit the amounts deducted in accordance with the rules         84           

established by the board under this section.                       85           

      (C)  Rules adopted under this section shall not affect any   87           

right to purchase service credit conferred by any other section    88           

of the Revised Code, including the right of a member under any     89           

such section to purchase only part of the service credit he THE    90           

MEMBER is eligible to purchase.                                    92           

      (D)  No payroll deduction made pursuant to this section may  94           

                                                          3      


                                                                 
exceed the amount of a member's net compensation after all other   95           

deductions and withholdings required by law.                       96           

      Sec. 145.311.  (A)  A MEMBER OF THE PUBLIC EMPLOYEES         98           

RETIREMENT SYSTEM WHO HAS AT LEAST EIGHTEEN MONTHS OF              99           

CONTRIBUTING SERVICE CREDIT IN THE SYSTEM, THE POLICE AND          100          

FIREMEN'S DISABILITY AND PENSION FUND, SCHOOL EMPLOYEES            101          

RETIREMENT SYSTEM, STATE TEACHERS RETIREMENT SYSTEM, OR STATE      102          

HIGHWAY PATROL RETIREMENT SYSTEM, AND IS A FORMER MEMBER OF AND    103          

NO LONGER CONTRIBUTING TO THE SCHOOL EMPLOYEES RETIREMENT SYSTEM   104          

OR STATE TEACHERS RETIREMENT SYSTEM MAY RESTORE SERVICE CREDIT     105          

UNDER SECTION 3307.28 OR 3309.26 OF THE REVISED CODE BY MAKING     106          

PAYMENTS PURSUANT TO THIS SECTION THROUGH A PAYROLL DEDUCTION      107          

PLAN ESTABLISHED UNDER SECTION 145.294 OF THE REVISED CODE.  A                  

MEMBER SEEKING TO RESTORE THIS SERVICE CREDIT SHALL NOTIFY THE     109          

PUBLIC EMPLOYEES RETIREMENT SYSTEM ON A FORM APPROVED BY THE       110          

PUBLIC EMPLOYEES RETIREMENT BOARD.  AFTER RECEIVING THE NOTICE,    111          

THE PUBLIC EMPLOYEES RETIREMENT SYSTEM SHALL REQUEST THAT THE      112          

FORMER RETIREMENT SYSTEM CALCULATE UNDER SECTION 3307.283 OR                    

3309.262 OF THE REVISED CODE THE COST TO THE MEMBER TO RESTORE     114          

SERVICE CREDIT FOR EACH YEAR OR PORTION OF A YEAR OF SERVICE FOR   115          

WHICH THE MEMBER SEEKS TO RESTORE THE SERVICE CREDIT.  THE AMOUNT  116          

THE FORMER RETIREMENT SYSTEM CERTIFIES AS THE COST OF RESTORING    117          

THE SERVICE CREDIT, PLUS INTEREST DESCRIBED IN DIVISION (B) OF     118          

THIS SECTION, IS THE COST TO THE MEMBER OF RESTORING THE SERVICE   119          

CREDIT.  ON RECEIVING THE CERTIFICATION FROM THE FORMER            120          

RETIREMENT SYSTEM, THE PUBLIC EMPLOYEES RETIREMENT SYSTEM SHALL    121          

NOTIFY THE MEMBER OF THE COST.                                     122          

      (B)  FOR EACH YEAR OR PORTION OF A YEAR OF SERVICE CREDIT    124          

RESTORED UNDER SECTION 3307.28 OR 3309.26 OF THE REVISED CODE, A   126          

MEMBER SHALL PAY TO THE PUBLIC EMPLOYEES RETIREMENT SYSTEM THE     127          

AMOUNT CERTIFIED BY THE FORMER RETIREMENT SYSTEM PLUS INTEREST AT  128          

A RATE SPECIFIED BY THE FORMER RETIREMENT SYSTEM UNDER SECTION     129          

3307.283 OR 3309.262 OF THE REVISED CODE FOR THE PERIOD DURING     130          

WHICH DEDUCTIONS ARE MADE UNDER SECTION 145.294 OF THE REVISED     132          

                                                          4      


                                                                 
CODE.                                                                           

      (C)  THE PUBLIC EMPLOYEES RETIREMENT BOARD SHALL ANNUALLY    135          

NOTIFY THE FORMER RETIREMENT SYSTEM THAT A PAYMENT TO RESTORE      136          

SERVICE CREDIT UNDER SECTION 3307.28 OR 3309.26 OF THE REVISED     138          

CODE HAS BEEN MADE.  AT THE TIME THE PAYMENT IS TRANSFERRED UNDER  139          

DIVISION (D) OF THIS SECTION, THE FORMER RETIREMENT SYSTEM SHALL   140          

RESTORE THE SERVICE CREDIT FOR THE YEAR OR PORTION OF A YEAR FOR   141          

WHICH THE PAYMENT WAS MADE.                                        142          

      (D)  ON APPLICATION FOR A PAYMENT OF ACCUMULATED             144          

CONTRIBUTIONS OR AN AGE AND SERVICE RETIREMENT, DISABILITY, OR     146          

SURVIVOR BENEFIT UNDER CHAPTER 145., 3307., OR 3309. OF THE        148          

REVISED CODE BY A MEMBER WHO MADE PAYMENTS UNDER THIS SECTION TO   149          

RESTORE SERVICE CREDIT IN A FORMER RETIREMENT SYSTEM, THE PUBLIC   150          

EMPLOYEES RETIREMENT SYSTEM SHALL PAY TO THE FORMER RETIREMENT     151          

SYSTEM AN AMOUNT EQUAL TO THE TOTAL AMOUNT PAID BY THE MEMBER      153          

UNDER THIS SECTION.                                                             

      (E)  THE BOARD SHALL ADOPT RULES TO IMPLEMENT THIS SECTION.  155          

      Sec. 145.312.  AFTER RECEIVING A REQUEST FROM THE STATE      158          

TEACHERS RETIREMENT SYSTEM UNDER DIVISION (A) OF SECTION 3307.282  159          

OR THE SCHOOL EMPLOYEES RETIREMENT SYSTEM UNDER DIVISION (A) OF    162          

SECTION 3309.261 OF THE REVISED CODE, THE PUBLIC EMPLOYEES         164          

RETIREMENT SYSTEM SHALL DO BOTH OF THE FOLLOWING:                  165          

      (A)  CALCULATE AND CERTIFY TO THE REQUESTING RETIREMENT      168          

SYSTEM THE COST TO A FORMER MEMBER TO RESTORE SERVICE CREDIT       169          

UNDER SECTION 145.31 OF THE REVISED CODE FOR EACH YEAR OR PORTION  170          

OF A YEAR FOR WHICH THE FORMER MEMBER SEEKS TO RESTORE SERVICE     172          

CREDIT UNDER THAT SECTION.                                                      

      (B)  INFORM THE REQUESTING RETIREMENT SYSTEM OF THE RATE OF  174          

INTEREST CHARGED TO A MEMBER UNDER A PAYROLL DEDUCTION PLAN        175          

AUTHORIZED UNDER SECTION 145.294 OF THE REVISED CODE.              176          

      Sec. 145.37.  (A)  As used in this section:                  185          

      (1)  "State retirement system" means the public employees    187          

retirement system, school employees retirement system, or state    188          

teachers retirement system.                                        189          

                                                          5      


                                                                 
      (2)  "Total service credit" means all service credit earned  191          

in the state retirement systems, except credit for service         192          

subject to section 145.38 of the Revised Code.  Total service      193          

credit shall not exceed one year of credit for any twelve-month    194          

period.                                                            195          

      (3)  In addition to the meaning given in division (N) of     197          

section 145.01 of the Revised Code, "disability benefit" means     198          

"disability benefit" as defined in sections 3307.01 and 3309.01    199          

of the Revised Code.                                               200          

      (B)  To coordinate and integrate membership in the state     202          

retirement systems, the following provisions apply:                203          

      (1)  At the option of a member, total contributions and      205          

service credit in all state retirement systems, INCLUDING AMOUNTS  206          

PAID TO RESTORE SERVICE CREDIT UNDER SECTIONS 145.311, 3307.282,   207          

AND 3309.261 OF THE REVISED CODE, shall be used in determining     209          

the eligibility and total retirement or disability benefit         210          

payable.  When total contributions and service credit are so       211          

combined, the following provisions apply:                                       

      (a)  Age and service retirement or disability benefits are   213          

effective on the first day of the month immediately following the  214          

later of:                                                          215          

      (i)  The last day for which compensation was paid;           217          

      (ii)  The attainment of minimum age or service credit        219          

eligibility for benefits provided under this section.              220          

      (b)  In determining eligibility for a disability benefit,    222          

the medical examiner's report to the retirement board of any       223          

state retirement system, showing that the member's disability      224          

incapacitates him THE MEMBER for the performance of duty, may be   225          

accepted by the state retirement boards as sufficient for          227          

granting a disability benefit.                                     228          

      (c)  The state retirement system in which the member had     230          

the greatest service credit, without adjustment, shall determine   231          

and pay the total retirement or disability benefit.  Where his     232          

THE MEMBER'S credit is equal in two or more state retirement       234          

                                                          6      


                                                                 
systems, the system having the largest total contributions of the  235          

member shall determine and pay the total benefit.                  236          

      (d)  In determining the total credit to be used in           238          

calculating a retirement or disability benefit, credit shall not   239          

be reduced below that certified by the system or systems           240          

transferring credit, except that such total combined service       241          

credit shall not exceed one year of credit for any one "year" as   242          

defined in the law of the system making the calculation.           243          

      (e)  The state retirement system determining and paying a    245          

retirement or disability benefit shall receive from the other      246          

system or systems the member's refundable account at retirement    247          

or the effective date of a disability benefit plus an equal        248          

amount from the employer's accumulation fund.                      249          

      (i)  The annuity rates and mortality tables of the state     251          

retirement system making the calculation and paying the benefit    252          

shall be exclusively applicable.                                   253          

      (ii)  Deposits made for the purpose of an additional         255          

annuity, and including guaranteed interest, upon the request of    256          

the member, shall be transferred to the state retirement system    257          

paying the benefit.  The return upon such deposits shall be that   258          

offered by the state retirement system making the calculation and  259          

paying the benefit.                                                260          

      (2)  A former member receiving a retirement or disability    262          

benefit under this section, who accepts employment amenable to     263          

coverage in any state retirement system that participated in his   264          

THE FORMER MEMBER'S combined benefit, shall be subject to the      266          

applicable provisions of law governing such re-employment.  If     267          

the former member is subject to section 3307.381 of the Revised    268          

Code and exceeds the limits on re-employment established by that   269          

section, the state retirement system paying a combined benefit     270          

shall terminate the entire pension portion of the benefit for the  271          

period of re-employment that exceeds the limit in that section.    272          

If a former member should be paid any amount in a retirement       273          

benefit, to which he THE FORMER MEMBER is not entitled under the   274          

                                                          7      


                                                                 
applicable provisions of law governing such re-employment, such    276          

amount shall be recovered by the state retirement system paying    277          

such benefit by utilizing any recovery procedure available under   278          

the code provisions of the state retirement system covering such   279          

re-employment.                                                                  

      (C)  A PERS retirant or other system retirant, as defined    281          

in section 145.38 of the Revised Code, is not eligible to receive  282          

any benefit under this section for service subject to section      283          

145.38 of the Revised Code.                                        284          

      Sec. 3307.281.  (A)  The state teachers retirement board     293          

may establish by rule payroll deduction plans for payment of the   295          

following:                                                         296          

      (1)  The cost of restoring service credit under section      298          

3307.28 OR 3307.282 of the Revised Code or purchasing any service  300          

credit members of the state teachers retirement system are         301          

eligible to purchase under this chapter;                           302          

      (2)  Charges for participation in programs established       304          

under section 3307.741 of the Revised Code.                        305          

      (B)  In addition to any other matter considered relevant by  307          

the board, the rules adopted under this section shall specify all  308          

of the following:                                                  309          

      (1)  The types of service credit that may be paid for        311          

through payroll deduction, including the section of the Revised    312          

Code that authorizes the purchase of each type of service credit   313          

for which payment may be made by payroll deduction;                314          

      (2)  The procedure to be followed by a member to inform his  316          

FOR INFORMING THE MEMBER'S employer and the system that he THE     319          

MEMBER wishes to use payroll deduction to purchase service credit  321          

or pay for participation in programs established under section     322          

3307.741 of the Revised Code;                                                   

      (3)  The procedure to be followed by the system and          324          

employers to determine for each request the amount to be           325          

deducted, the number of deductions to be made, and the interval    326          

at which deductions will be made.  The rules may provide for a     327          

                                                          8      


                                                                 
minimum amount for each deduction.  They may also provide for a    328          

maximum number of deductions for the purchase of any type of       329          

service credit.                                                    330          

      (4)  The procedure to be followed by employers in            332          

transmitting amounts deducted from the compensation of their       333          

employees to the system;                                           334          

      (5)  The procedure to be followed by the system in           336          

crediting service credit to members who choose to purchase it      337          

through payroll deduction;                                         338          

      (6)  The time period within which employers are required to  340          

transmit amounts deducted from payrolls to the system.             341          

      (C)(1)  If the board establishes a payroll deduction plan    343          

under this section, it shall certify to the member's employer,     344          

for each member for whom deductions are to be made, the amount of  345          

each deduction and the payrolls from which deductions are to be    346          

made.  The employer shall make the deductions as certified and     347          

transmit the amounts deducted in accordance with the rules         348          

established by the board under this section.                       349          

      (2)  If an employer does not transmit amounts deducted from  351          

the compensation of an employee to the system within the time      352          

period specified in rules adopted under division (B)(6) of this    353          

section, the employer shall pay interest on the deducted amount    354          

compounded annually at a rate to be determined by the board from   355          

the date the amount is deducted to the date it is transmitted to   356          

the system.                                                        357          

      (D)  Rules adopted under this section shall not affect any   359          

right to purchase service credit conferred by any other section    360          

of the Revised Code, including the right of a member under any     361          

such section to purchase only part of the service credit he THE    362          

MEMBER is eligible to purchase.                                    364          

      (E)  No payroll deduction made pursuant to this section may  366          

exceed the amount of a member's net compensation after all other   367          

deductions and withholdings required by law.                       368          

      (F)  No payments made to the system under this section       370          

                                                          9      


                                                                 
shall affect any contribution required by section 3307.51 or       371          

3307.53 of the Revised Code.                                       372          

      Sec. 3307.282.  (A)  A MEMBER OF THE STATE TEACHERS          374          

RETIREMENT SYSTEM WHO HAS AT LEAST EIGHTEEN MONTHS OF              375          

CONTRIBUTING SERVICE CREDIT IN THE SYSTEM, THE POLICE AND                       

FIREMEN'S DISABILITY AND PENSION FUND, PUBLIC EMPLOYEES            376          

RETIREMENT SYSTEM, SCHOOL EMPLOYEES RETIREMENT SYSTEM, OR STATE    377          

HIGHWAY PATROL RETIREMENT SYSTEM, AND IS A FORMER MEMBER OF AND    378          

NO LONGER CONTRIBUTING TO THE PUBLIC EMPLOYEES RETIREMENT SYSTEM   379          

OR SCHOOL EMPLOYEES RETIREMENT SYSTEM MAY RESTORE SERVICE CREDIT   380          

UNDER SECTION 145.31 OR 3309.26 OF THE REVISED CODE BY MAKING      381          

PAYMENTS PURSUANT TO THIS SECTION THROUGH A PAYROLL DEDUCTION      382          

PLAN ESTABLISHED UNDER SECTION 3307.281 OF THE REVISED CODE.  A                 

MEMBER SEEKING TO RESTORE THIS SERVICE CREDIT SHALL NOTIFY THE     384          

STATE TEACHERS RETIREMENT SYSTEM ON A FORM APPROVED BY THE STATE   385          

TEACHERS RETIREMENT BOARD.  AFTER RECEIVING THE NOTICE, THE STATE  386          

TEACHERS RETIREMENT SYSTEM SHALL REQUEST THAT THE FORMER           387          

RETIREMENT SYSTEM CALCULATE UNDER SECTION 145.312 OR 3309.262 OF   388          

THE REVISED CODE THE COST TO THE MEMBER TO RESTORE SERVICE CREDIT  390          

FOR EACH YEAR OR PORTION OF A YEAR OF SERVICE FOR WHICH THE        391          

MEMBER SEEKS TO RESTORE THE SERVICE CREDIT.  THE AMOUNT THE        392          

FORMER RETIREMENT SYSTEM CERTIFIES AS THE COST OF RESTORING THE    393          

SERVICE CREDIT, PLUS INTEREST DESCRIBED IN DIVISION (B) OF THIS    394          

SECTION, IS THE COST TO THE MEMBER OF RESTORING THE SERVICE        395          

CREDIT.  ON RECEIVING THE CERTIFICATION FROM THE FORMER                         

RETIREMENT SYSTEM, THE STATE TEACHERS RETIREMENT SYSTEM SHALL      397          

NOTIFY THE MEMBER OF THE COST.                                     398          

      (B)  FOR EACH YEAR OR PORTION OF A YEAR OF SERVICE CREDIT    400          

RESTORED UNDER SECTION 145.31 OR 3309.26 OF THE REVISED CODE, A    401          

MEMBER SHALL PAY TO THE STATE TEACHERS RETIREMENT SYSTEM THE       403          

AMOUNT CERTIFIED BY THE FORMER RETIREMENT SYSTEM PLUS INTEREST AT  404          

A RATE SPECIFIED BY THE FORMER RETIREMENT SYSTEM UNDER SECTION     405          

145.312 OR 3309.262 OF THE REVISED CODE FOR THE PERIOD DURING      406          

WHICH DEDUCTIONS ARE MADE UNDER SECTION 3307.281 OF THE REVISED    408          

                                                          10     


                                                                 
CODE.                                                                           

      (C)  THE STATE TEACHERS RETIREMENT BOARD SHALL ANNUALLY      411          

NOTIFY THE FORMER RETIREMENT SYSTEM THAT A PAYMENT TO RESTORE      412          

SERVICE CREDIT UNDER SECTION 145.31 OR 3309.26 OF THE REVISED      413          

CODE HAS BEEN MADE.  AT THE TIME THE PAYMENT IS TRANSFERRED UNDER  414          

DIVISION (D) OF THIS SECTION, THE FORMER RETIREMENT SYSTEM SHALL   415          

RESTORE THE SERVICE CREDIT FOR THE YEAR OR PORTION OF A YEAR FOR   416          

WHICH THE PAYMENT WAS MADE.                                        417          

      (D)  ON APPLICATION FOR A PAYMENT OF ACCUMULATED             419          

CONTRIBUTIONS OR AN AGE AND SERVICE RETIREMENT, DISABILITY, OR     421          

SURVIVOR BENEFIT UNDER CHAPTER 145., 3307., OR 3309. OF THE        423          

REVISED CODE BY A MEMBER WHO MADE PAYMENTS UNDER THIS SECTION TO   424          

RESTORE SERVICE CREDIT IN A FORMER RETIREMENT SYSTEM, THE STATE    425          

TEACHERS RETIREMENT SYSTEM SHALL PAY TO THE FORMER RETIREMENT      426          

SYSTEM AN AMOUNT EQUAL TO THE TOTAL AMOUNT PAID BY THE MEMBER      428          

UNDER THIS SECTION.                                                             

      (E)  THE BOARD SHALL ADOPT RULES TO IMPLEMENT THIS SECTION.  430          

      Sec. 3307.283.  AFTER RECEIVING A REQUEST FROM THE PUBLIC    433          

EMPLOYEES RETIREMENT SYSTEM UNDER DIVISION (A) OF SECTION 145.311  434          

OR THE SCHOOL EMPLOYEES RETIREMENT SYSTEM UNDER DIVISION (A) OF    437          

SECTION 3309.261 OF THE REVISED CODE, THE STATE TEACHERS           439          

RETIREMENT SYSTEM SHALL DO BOTH OF THE FOLLOWING:                  440          

      (A)  CALCULATE AND CERTIFY TO THE REQUESTING RETIREMENT      443          

SYSTEM THE COST TO A FORMER MEMBER TO RESTORE SERVICE CREDIT       444          

UNDER SECTION 3307.28 OF THE REVISED CODE FOR EACH YEAR OR         445          

PORTION OF A YEAR FOR WHICH THE FORMER MEMBER SEEKS TO RESTORE     446          

SERVICE CREDIT UNDER THAT SECTION.                                              

      (B)  INFORM THE REQUESTING RETIREMENT SYSTEM OF THE RATE OF  448          

INTEREST CHARGED TO A MEMBER UNDER A PAYROLL DEDUCTION PLAN        449          

AUTHORIZED UNDER SECTION 3307.281 OF THE REVISED CODE.             450          

      Sec. 3307.41.  To coordinate and integrate membership in     459          

the state retirement systems, the following provisions apply:      460          

      (A)  As used in this section:                                462          

      (1)  "Retirement systems" means the public employees         464          

                                                          11     


                                                                 
retirement system, the state teachers retirement system, and the   465          

school employees retirement system.                                466          

      (2)  In addition to the meaning given in division (L) of     468          

section 3307.01 of the Revised Code, "disability benefit" means    469          

"disability benefit" as defined in sections 145.01 and 3309.01 of  470          

the Revised Code.                                                  471          

      (B)  At the member's option, total contributions and         473          

service credit in all retirement systems, INCLUDING AMOUNTS PAID   474          

TO RESTORE SERVICE CREDIT UNDER SECTIONS 145.311, 3307.282, AND    475          

3309.261 OF THE REVISED CODE, shall be used in determining the     477          

eligibility for benefits.  If total contributions and service      478          

credit are combined, the following provisions apply:                            

      (1)  Service retirement or a disability benefit is           480          

effective on the first day of the month next following the later   481          

of:                                                                482          

      (a)  The last day for which compensation was paid;           484          

      (b)  The attainment of minimum age or service credit for     486          

benefits provided under this section.                              487          

      (2)  "Total service credit" includes the total credit in     489          

all retirement systems except that such credit shall not exceed    490          

one year for any period of twelve months.                          491          

      (3)  In determining eligibility for a disability benefit,    493          

the medical examiner's report to the board of any retirement       494          

system, showing that the member's disability incapacitates him     495          

THE MEMBER for the performance of duty, may be accepted as         497          

sufficient for granting a disability benefit.                      498          

      (4)  The retirement system in which the member had the       500          

greatest service credit, without adjustment, shall determine and   501          

pay the total benefit.  If his THE MEMBER'S credit is equal in     502          

two or more retirement systems, the system having the member's     504          

largest total contributions shall determine and pay the total      505          

benefit.                                                                        

      (5)  In determining the total credit to be used in           507          

calculating a benefit, credit shall not be reduced below that      508          

                                                          12     


                                                                 
certified by the system or systems transferring credit, except     509          

that such total combined service credit shall not exceed one year  510          

of credit for any one "year" as defined in the statute governing   511          

the system making the calculation.                                 512          

      (6)  The retirement system determining and paying the        514          

benefit shall receive from the other system or systems the         515          

member's refundable account at retirement or the effective date    516          

of a disability benefit plus an equal amount from the employers'   517          

trust fund.                                                        518          

      (a)  The annuity rates and mortality tables of the           520          

retirement system making the calculation and paying the benefit    521          

shall be applicable.                                               522          

      (b)  Deposits made for the purchase of additional income,    524          

with guaranteed interest, upon the member's request, shall be      525          

transferred to the retirement system paying the regular benefit.   526          

The return upon such deposits shall be that offered by the         527          

retirement system making the calculation and paying the regular    528          

benefit.                                                           529          

      (C)  A person receiving a benefit under this section, who    531          

accepts employment amenable to coverage in any retirement system   532          

that participated in his THE PERSON'S combined benefit, shall be   533          

subject to the applicable provisions of law governing such         535          

re-employment.  If the person is subject to section 3307.381 of    536          

the Revised Code and exceeds the limits on re-employment           537          

established by that section, the retirement system paying a        538          

combined benefit shall terminate the entire pension portion of     539          

the benefit for the period of re-employment that exceeds the       540          

limit in that section.                                                          

      If a retirant should be paid any amount to which he THE      542          

RETIRANT is not entitled under the applicable provisions of law    544          

governing such re-employment, such amount shall be recouped by     545          

the retirement system paying such benefit by utilizing any         546          

recovery procedure available under the law of the retirement       547          

system covering such re-employment.                                548          

                                                          13     


                                                                 
      Sec. 3309.261.  (A)  A MEMBER OF THE SCHOOL EMPLOYEES        550          

RETIREMENT SYSTEM WHO HAS AT LEAST EIGHTEEN MONTHS OF              551          

CONTRIBUTING SERVICE CREDIT IN THE SYSTEM, THE POLICE AND          552          

FIREMEN'S DISABILITY AND PENSION FUND, PUBLIC EMPLOYEES            553          

RETIREMENT SYSTEM, STATE TEACHERS RETIREMENT SYSTEM, OR STATE      554          

HIGHWAY PATROL RETIREMENT SYSTEM, AND IS A FORMER MEMBER OF AND    555          

NO LONGER CONTRIBUTING TO THE PUBLIC EMPLOYEES RETIREMENT SYSTEM   556          

OR STATE TEACHERS RETIREMENT SYSTEM MAY RESTORE SERVICE CREDIT     557          

UNDER SECTION 145.31 OR 3307.28 OF THE REVISED CODE BY MAKING      558          

PAYMENTS PURSUANT TO THIS SECTION THROUGH A PAYROLL DEDUCTION      559          

PLAN ESTABLISHED UNDER SECTION 3309.27 OF THE REVISED CODE.  A                  

MEMBER SEEKING TO RESTORE SERVICE CREDIT SHALL NOTIFY THE SCHOOL   561          

EMPLOYEES RETIREMENT SYSTEM ON A FORM APPROVED BY THE SCHOOL       562          

EMPLOYEES RETIREMENT BOARD.  AFTER RECEIVING THE NOTICE, THE       563          

SCHOOL EMPLOYEES RETIREMENT SYSTEM SHALL REQUEST THAT THE FORMER   564          

RETIREMENT SYSTEM CALCULATE UNDER SECTION 145.312 OR 3307.283 OF   565          

THE REVISED CODE THE COST TO THE MEMBER TO RESTORE SERVICE CREDIT  567          

FOR EACH YEAR OR PORTION OF A YEAR OF SERVICE FOR WHICH THE        568          

MEMBER SEEKS TO RESTORE THE SERVICE CREDIT.  THE AMOUNT THE        569          

FORMER RETIREMENT SYSTEM CERTIFIES AS THE COST OF RESTORING THE    570          

SERVICE CREDIT, PLUS INTEREST DESCRIBED IN DIVISION (B) OF THIS    571          

SECTION, IS THE COST TO THE MEMBER OF RESTORING THE SERVICE        572          

CREDIT.  ON RECEIVING THE CERTIFICATION FROM THE FORMER            573          

RETIREMENT SYSTEM, THE SCHOOL EMPLOYEES RETIREMENT SYSTEM SHALL    574          

NOTIFY THE MEMBER OF THE COST.                                                  

      (B)  FOR EACH YEAR OR PORTION OF A YEAR OF SERVICE CREDIT    576          

RESTORED UNDER SECTION 145.31 OR 3307.28 OF THE REVISED CODE, A    577          

MEMBER SHALL PAY TO THE SCHOOL EMPLOYEES RETIREMENT SYSTEM THE     579          

AMOUNT CERTIFIED BY THE FORMER RETIREMENT SYSTEM PLUS INTEREST AT  580          

A RATE SPECIFIED BY THE FORMER RETIREMENT SYSTEM UNDER SECTION     581          

145.312 OR 3307.283 OF THE REVISED CODE FOR THE PERIOD DURING      582          

WHICH DEDUCTIONS ARE MADE UNDER SECTION 3309.27 OF THE REVISED     584          

CODE.                                                                           

      (C)  THE SCHOOL EMPLOYEES RETIREMENT BOARD SHALL ANNUALLY    587          

                                                          14     


                                                                 
NOTIFY THE FORMER RETIREMENT SYSTEM THAT A PAYMENT TO RESTORE      588          

SERVICE CREDIT UNDER SECTION 145.31 OR 3307.28 OF THE REVISED      590          

CODE HAS BEEN MADE.  AT THE TIME THE PAYMENT IS TRANSFERRED UNDER  591          

DIVISION (D) OF THIS SECTION, THE FORMER RETIREMENT SYSTEM SHALL   592          

RESTORE THE SERVICE CREDIT FOR THE YEAR OR PORTION OF A YEAR FOR   593          

WHICH THE PAYMENT WAS MADE.                                        594          

      (D)  ON APPLICATION FOR A PAYMENT OF ACCUMULATED             596          

CONTRIBUTIONS OR AN AGE AND SERVICE RETIREMENT, DISABILITY, OR     598          

SURVIVOR BENEFIT UNDER CHAPTER 145., 3307., OR 3309. OF THE        600          

REVISED CODE BY A MEMBER WHO MADE PAYMENTS UNDER THIS SECTION TO   601          

RESTORE SERVICE CREDIT IN A FORMER RETIREMENT SYSTEM, THE SCHOOL   602          

EMPLOYEES RETIREMENT SYSTEM SHALL PAY TO THE FORMER RETIREMENT     603          

SYSTEM AN AMOUNT EQUAL TO THE TOTAL AMOUNT PAID BY THE MEMBER      604          

UNDER THIS SECTION.                                                             

      (E)  THE BOARD SHALL ADOPT RULES TO IMPLEMENT THIS SECTION.  606          

      Sec. 3309.262.  AFTER RECEIVING A REQUEST FROM THE PUBLIC    609          

EMPLOYEES RETIREMENT SYSTEM UNDER DIVISION (A) OF SECTION 145.311  610          

OR THE STATE TEACHERS RETIREMENT SYSTEM UNDER DIVISION (A) OF      613          

SECTION 3307.282 OF THE REVISED CODE, THE SCHOOL EMPLOYEES         615          

RETIREMENT SYSTEM SHALL DO BOTH OF THE FOLLOWING:                  616          

      (A)  CALCULATE AND CERTIFY TO THE REQUESTING RETIREMENT      619          

SYSTEM THE COST TO A FORMER MEMBER TO RESTORE SERVICE CREDIT       620          

UNDER SECTION 3309.26 OF THE REVISED CODE FOR EACH YEAR OR         621          

PORTION OF A YEAR FOR WHICH THE FORMER MEMBER SEEKS TO PURCHASE    622          

SERVICE CREDIT UNDER THAT SECTION.                                              

      (B)  INFORM THE REQUESTING RETIREMENT SYSTEM OF THE RATE OF  624          

INTEREST CHARGED TO A MEMBER UNDER A PAYROLL DEDUCTION PLAN        625          

AUTHORIZED UNDER SECTION 3309.27 OF THE REVISED CODE.              626          

      Sec. 3309.27.  (A)  The school employees retirement board    635          

may establish by rule payroll deduction plans for payment of the   637          

following:                                                         638          

      (1)  The cost of restoring service credit under section      640          

3309.26 OR 3309.261 of the Revised Code or purchasing any service  642          

credit members of the school employees retirement system are       643          

                                                          15     


                                                                 
eligible to purchase under this chapter;                           644          

      (2)  Charges for participation in programs established       646          

under section 3309.691 of the Revised Code.                        647          

      (B)  In addition to any other matter considered relevant by  649          

the board, the rules adopted under this section shall specify all  650          

of the following:                                                  651          

      (1)  The types of service credit that may be paid for        653          

through payroll deduction, including the section of the Revised    654          

Code that authorizes the purchase of each type of service credit   655          

for which payment may be made by payroll deduction;                656          

      (2)  The procedure to be followed by a member to inform his  658          

FOR INFORMING THE MEMBER'S employer and the system that he THE     661          

MEMBER wishes to use payroll deduction to purchase service credit  663          

or pay for participation in programs established under section     664          

3309.691 of the Revised Code;                                                   

      (3)  The procedure to be followed by the system and          666          

employers to determine for each request the amount to be           667          

deducted, the number of deductions to be made, and the interval    668          

at which deductions will be made.  The rules may provide for a     669          

minimum amount for each deduction or a maximum number of           670          

deductions for the purchase of any type of service credit.         671          

      (4)  The procedure to be followed by employers in            673          

transmitting amounts deducted from the compensation of their       674          

employees to the system;                                           675          

      (5)  The procedure to be followed by the system in           677          

crediting service credit to members who choose to purchase it      678          

through payroll deduction.                                         679          

      (C)  If the board establishes a payroll deduction plan       681          

under this section, it shall certify to the member's employer,     682          

for each member for whom deductions are to be made, the amount of  683          

each deduction and the payrolls from which deductions are to be    684          

made.  The employer shall make the deductions as certified and     685          

transmit the amounts deducted in accordance with the rules         686          

established by the board under this section.                       687          

                                                          16     


                                                                 
      (D)  Rules adopted under this section shall not affect any   689          

right to purchase service credit conferred by any other section    690          

of the Revised Code, including the right of a member under any     691          

such section to purchase only part of the service credit he THE    692          

MEMBER is eligible to purchase.                                    694          

      (E)  No payroll deduction made pursuant to this section may  696          

exceed the amount of a member's net compensation after all other   697          

deductions and withholdings required by law.                       698          

      Sec. 3309.35.  (A)  As used in this section:                 707          

      (1)  "State retirement system" means the public employees    709          

retirement system, state teachers retirement system, or school     710          

employees retirement system.                                       711          

      (2)  "Total service credit" means all service credit earned  713          

in all state retirement systems, except credit for service         714          

subject to section 3309.341 of the Revised Code.  Total service    715          

credit shall not exceed one year of credit for any twelve-month    716          

period.                                                            717          

      (3)  In addition to the meaning given in division (O) of     719          

section 3309.01 of the Revised Code, "disability benefit" means    720          

"disability benefit" as defined in sections 145.01 and 3307.01 of  721          

the Revised Code.                                                  722          

      (B)  To coordinate and integrate membership in the state     724          

retirement systems, the following provisions apply:                725          

      (1)  At AT the option of a member, total contributions and   727          

service credit in all state retirement systems, INCLUDING AMOUNTS  728          

PAID TO RESTORE SERVICE CREDIT UNDER SECTIONS 145.311, 3307.282,   729          

AND 3309.261 OF THE REVISED CODE, shall be used in determining     731          

the eligibility and total retirement or disability benefit         732          

payable.  When total contributions and service credit are so       733          

combined, the following provisions apply:                                       

      (a)(1)  Service and commuted service retirement or a         735          

disability benefit is effective no sooner than the first day of    736          

the month next following the last day of employment for which      737          

compensation was paid.  If the application is filed after that     738          

                                                          17     


                                                                 
date, the board may retire the member on the first day of the      739          

month next following the last day of employment for which          740          

compensation was paid.                                             741          

      (b)(2)  In determining eligibility for a disability          743          

benefit, the medical examiner's report to the retirement board of  744          

any state retirement system, showing that the member's disability  745          

incapacitates him THE MEMBER for the performance of duty, may be   746          

accepted by the state retirement boards as sufficient for          748          

granting a disability benefit.                                     749          

      (c)(3)  The state retirement system in which the member had  751          

the greatest service credit, without adjustment, shall determine   752          

and pay the total retirement or disability benefit.  Where his     753          

THE MEMBER'S credit is equal in two or more state retirement       755          

systems, the system having the largest total contributions of the  756          

member shall determine and pay the total benefit.                  757          

      (d)(4)  In determining the total credit to be used in        759          

calculating a retirement allowance or disability benefit, credit   760          

shall not be reduced below that certified by the system or         761          

systems transferring credit, except that such total combined       762          

service credit shall not exceed one year of credit for any one     763          

"year" as defined in the law of the system making the              764          

calculation.                                                       765          

      (e)(5)  The state retirement system determining and paying   767          

a retirement or disability benefit shall receive from the other    768          

system or systems the member's refundable account at retirement    769          

or the effective date of a disability benefit plus an equal        770          

amount from the employers' trust fund.                             771          

      (i)(a)  The annuity rates and mortality tables of the state  773          

retirement system making the calculation and paying the benefit    774          

shall be exclusively applicable.                                   775          

      (ii)(b)  Deposits made for the purchase of an additional     777          

annuity, and including guaranteed interest, upon the request of    778          

the member, shall be transferred to the state retirement system    779          

paying the retirement or disability benefit.  The return upon      780          

                                                          18     


                                                                 
such deposits shall be that offered by the state retirement        781          

system making the calculation and paying the retirement or         782          

disability benefit.                                                783          

      (C)  A former member receiving a retirement or disability    785          

benefit under this section, who accepts employment amenable to     786          

coverage in any state retirement system that participated in his   787          

THE MEMBER'S combined benefit, shall be subject to the applicable  789          

provisions of law governing such re-employment.  If the former     790          

member is subject to section 3307.381 of the Revised Code and      791          

exceeds the limits on re-employment established by that section,   792          

the state retirement system paying a combined benefit shall        793          

terminate the entire pension portion of the benefit for the        794          

period of re-employment that exceeds the limit in that section.    795          

If a former member should be paid any amount in a retirement       796          

allowance, to which he THE FORMER MEMBER is not entitled under     797          

the applicable provisions of law governing such re-employment,     799          

such amount shall be recovered by the state retirement system      800          

paying such allowance by utilizing any recovery procedure          801          

available under the code provisions of the state retirement        802          

system covering such re-employment.                                803          

      (D)  An SERS retirant or other system retirant, as defined   805          

in section 3309.341 of the Revised Code, is not eligible to        806          

receive any benefit under this section for service subject to      807          

section 3309.341 of the Revised Code.                              808          

      Section 2.  That existing sections 145.294, 145.37,          810          

3307.281, 3307.41, 3309.27, and 3309.35 of the Revised Code are    811          

hereby repealed.