As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 186 5
1999-2000 6
REPRESENTATIVES JOLIVETTE-COUGHLIN-GRENDELL-PRINGLE 8
_________________________________________________________________ 9
A B I L L
To amend section 145.301 of the Revised Code to 11
change the method of computing the cost of 12
purchasing military service credit for eligible
members of the Public Employees Retirement 13
System.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 14
Section 1. That section 145.301 of the Revised Code be 16
amended to read as follows: 17
Sec. 145.301. (A) AS USED IN THIS SECTION, "OHIO SERVICE" 26
MEANS SERVICE RENDERED TO THE STATE OR ANY OF ITS POLITICAL 27
SUBDIVISIONS OR TO A PUBLIC EMPLOYER. 28
(A) A member may purchase service credit that shall be 31
considered as the equivalent of Ohio service for each year of 32
service incurred by reason of having been on active duty as a 33
member of the armed forces of the United States, as defined in 34
section 145.30 of the Revised Code. The credit may be purchased 35
at any time prior to receipt of a retirement allowance. The
number of years purchased shall not exceed five. The member may 37
choose to purchase only part of such credit in any one payment, 38
subject to PUBLIC EMPLOYEES RETIREMENT board rules. 39
(B) For the purposes of this division, "prisoner of war" 41
means any regularly appointed, enrolled, enlisted, or inducted 42
member of the armed forces of the United States who was captured, 43
separated, and incarcerated by an enemy of the United States. 44
A member may purchase service credit that shall be 46
considered as the equivalent of Ohio service for each year of 47
2
service such member was a prisoner of war. The number of years 48
purchased under this division shall not exceed five. Service 49
credit may be purchased under this division for the same years of 50
service used to purchase service credit under division (A) of 51
this section. The member may choose to purchase only part of 52
such credit in any one payment, subject to board rules. 53
(C) The total number of years purchased under this section 55
shall not exceed the member's total accumulated number of years 56
of Ohio service. 57
(D) For each year of service purchased under division (A) 59
or (B) of this section, the member shall pay to the public 60
employees retirement system for credit to the member's 61
accumulated account an amount determined by the member rate of 63
contribution in effect at the time the military OHIO service 64
began, multiplied by the member's salary, earnable salary, or 65
compensation for full-time employment during the first year of 66
service covered by a state retirement system or the Cincinnati 67
retirement system following termination of military service. If, 68
however, a limit on maximum salary or maximum contribution was in 69
effect at the time the military OHIO service began, the limit 71
shall be applied to the salary, earnable salary, or compensation 72
received during the first year of service covered by a state 74
retirement system or the Cincinnati retirement system to 75
calculate the amount of payment. To this amount shall be added 76
an amount equal to compound interest at a rate established by the 77
public employees retirement board from the date active military 78
service terminated COVERED BY A STATE RETIREMENT SYSTEM OR THE 79
CINCINNATI RETIREMENT SYSTEM BEGAN to THE date of payment. 80
(E) A member is ineligible to purchase service credit 82
under this section for any year of military service that was: 83
(1) Used in the calculation of any retirement benefit 86
currently being paid to the member or payable in the future under 87
any other retirement program, except social security, or for 88
retired pay for nonregular service under Chapter 1223 of Section 89
3
1662 of Title XVI of the "National Defense Authorization Act for 91
Fiscal Year 1995," 108 Stat. 2998 (1994), 10 U.S.C.A. 12731 to 92
12739;
(2) Used to obtain service credit pursuant to section 93
145.30 or 145.302 of the Revised Code. 94
At the time the credit is purchased, the member shall 97
certify on a form furnished by the retirement board that the 98
member does and will conform to this requirement. 99
(F) Credit purchased under this section may be combined 101
pursuant to section 145.37 with credit for military service 102
purchased under sections 3307.021 and 3309.021, except that not 103
more than an aggregate total of five years of credit purchased 104
under division (A) of this section, division (A) of section 105
3307.021, and division (A) of section 3309.021, and not more than 106
an aggregate total of five years of credit purchased under 107
division (B) of this section, division (B) of section 3307.021, 108
and division (B) of section 3309.021 shall be used in determining 109
retirement eligibility or calculating benefits under section 110
145.37 of the Revised Code. 111
Section 2. That existing section 145.301 of the Revised 113
Code is hereby repealed. 114