As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 535 5
1999-2000 6
REPRESENTATIVES WILLAMOWSKI-TERWILLEGER-VAN VYVEN-HARTNETT- 7
GRENDELL-NETZLEY-CLANCY-A. CORE-MOTTLEY-HOLLISTER-VESPER- 8
WILLIAMS-SALERNO-SCHUCK-BENDER-WIDENER-AUSTRIA- 10
SENATORS BLESSING-JOHNSON-DRAKE-HERINGTON
_________________________________________________________________ 12
A B I L L
To amend sections 145.23, 145.27, 145.293, 145.295, 15
145.31, 145.33, 145.37, 145.38, 145.383, 145.40, 16
145.43, 145.45, 145.452, 145.473, 145.49, 145.56,
145.563, 145.58, 148.01, 742.379, 742.41, 742.47, 18
2907.15, 2921.41, 3111.20, 3113.21, 3305.01, 19
3305.02, 3305.03, 3305.04, 3305.05, 3305.051,
3305.06, 3305.07, 3305.08, 3305.09, 3307.19, 20
3307.20, 3307.25, 3307.251, 3307.26, 3307.35, 21
3307.351, 3307.41, 3307.47, 3307.50, 3307.501,
3307.54, 3307.56, 3307.562, 3307.563, 3307.57, 22
3307.58, 3307.62, 3307.71, 3307.74, 3307.761, 23
3307.79, 3307.84, 3309.22, 3309.26, 3309.31,
3309.341, 3309.343, 3309.35, 3309.351, 3309.42, 24
3309.44, 3309.46, 3309.66, 3309.70, 5505.01, 25
5505.04, 5505.202, 5505.22, and 5505.29; to 26
amend, for the purpose of adopting new section
numbers as indicated in parentheses, sections 27
742.379 (742.21), 3309.351 (3309.73), and 28
5505.202 (5505.40); to enact sections 145.051,
145.2910, 145.2911, 145.2912, 145.384, 145.571, 29
171.07, 742.041, 742.211, 742.212, 742.213, 30
742.462, 742.64, 3105.80 to 3105.82, 3105.821, 31
3105.83 to 3105.90, 3305.10, 3305.20, 3305.21,
3305.22, 3307.071, 3307.292, 3307.352, 3307.371, 32
3307.762, 3307.763, 3307.764, 3309.061, 3309.344, 33
2
3309.671, 3309.74, 3309.75, 3309.76, 5505.261, 34
5505.34, 5505.401, 5505.402, and 5505.403 of the
Revised Code; to amend Section 6 of Am. Sub. S.B. 35
144 of the 123rd General Assembly; and to repeal 36
Section 4 of Am. Sub. S.B. 82 of the 121st
General Assembly to permit a public retirement 39
program, pursuant to a court order, to make 40
payments to a participant's former spouse for the
purpose of dividing marital property, to 41
authorize the transfer of service credit and 42
contributions between the Cincinnati Retirement 43
System and Ohio's state retirement systems, to 44
make changes to the alternative retirement
program available to academic and administrative 45
employees of public institutions of higher 46
education, and to make other changes to the law
governing Ohio's state retirement systems. 47
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 49
Section 1. That sections 145.23, 145.27, 145.293, 145.295, 52
145.31, 145.33, 145.37, 145.38, 145.383, 145.40, 145.43, 145.45, 53
145.452, 145.473, 145.49, 145.56, 145.563, 145.58, 148.01, 54
742.379, 742.41, 742.47, 2907.15, 2921.41, 3111.20, 3113.21, 55
3305.01, 3305.02, 3305.03, 3305.04, 3305.05, 3305.051, 3305.06, 56
3305.07, 3305.08, 3305.09, 3307.19, 3307.20, 3307.25, 3307.251, 57
3307.26, 3307.35, 3307.351, 3307.41, 3307.47, 3307.50, 3307.501, 58
3307.54, 3307.56, 3307.562, 3307.563, 3307.57, 3307.58, 3307.62, 59
3307.71, 3307.74, 3307.761, 3307.79, 3307.84, 3309.22, 3309.26, 60
3309.31, 3309.341, 3309.343, 3309.35, 3309.351, 3309.42, 3309.44, 61
3309.46, 3309.66, 3309.70, 5505.01, 5505.04, 5505.202, 5505.22, 62
and 5505.29 be amended; that sections 742.379 (742.21), 3309.351 63
(3309.73), and 5505.202 (5505.40) be amended, for the purpose of 64
adopting new section numbers as indicated in parentheses; and 65
3
that sections 145.051, 145.2910, 145.2911, 145.2912, 145.384, 66
145.571, 171.07, 742.041, 742.211, 742.212, 742.213, 742.462, 67
742.64, 3105.80, 3105.81, 3105.82, 3105.821, 3105.83, 3105.84, 68
3105.85, 3105.86, 3105.87, 3105.88, 3105.89, 3105.90, 3305.10, 69
3305.20, 3305.21, 3305.22, 3307.071, 3307.292, 3307.352, 70
3307.371, 3307.762, 3307.763, 3307.764, 3309.061, 3309.344, 71
3309.671, 3309.74, 3309.75, 3309.76, 5505.261, 5505.34, 5505.401, 72
5505.402, and 5505.403 of the Revised Code be enacted to read as 75
follows:
Sec. 145.051. NOTWITHSTANDING SECTIONS 145.04 AND 145.05 77
OF THE REVISED CODE, THE PUBLIC EMPLOYEES RETIREMENT BOARD IS NOT 79
REQUIRED TO HOLD AN ELECTION, INCLUDING A SPECIAL ELECTION UNDER 80
SECTION 145.06 OF THE REVISED CODE, FOR A POSITION ON THE BOARD 82
AS AN EMPLOYEE MEMBER OR RETIRANT MEMBER IF ONLY ONE CANDIDATE 84
HAS BEEN NOMINATED FOR THE POSITION BY PETITION IN ACCORDANCE 85
WITH SECTION 145.05 OF THE REVISED CODE. THE CANDIDATE SHALL 86
TAKE OFFICE AS IF ELECTED. THE TERM OF OFFICE SHALL BE FOUR 87
YEARS BEGINNING ON THE FIRST DAY OF JANUARY FOLLOWING THE DATE 88
THE CANDIDATE WAS NOMINATED. 89
Sec. 145.23. The funds hereby created are the employees' 99
savings fund, the employers' accumulation fund, the annuity and 100
pension reserve fund, the income fund, the survivors' benefit 101
fund, the defined contribution fund, and the expense fund. 102
(A) The employees' savings fund is the fund in which shall 104
be accumulated contributions from the earnable salaries of 105
contributors for the purchase of annuities or retirement 106
allowances. 107
The accumulated contributions of a contributor returned to 109
the contributor upon withdrawal, or paid to the contributor's 111
estate or designated beneficiary in the event of death, shall be 112
paid from the employees' savings fund. Any accumulated 113
contributions forfeited by failure of a member, or a member's 114
estate, to claim the same, shall be transferred from the 116
employees' savings fund to the income fund. The accumulated 117
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contributions of a contributor shall be transferred from the 118
employees' savings fund to the annuity and pension reserve fund 119
in the event of the contributor's retirement. 120
(B) The employers' accumulation fund is the fund in which 122
shall be accumulated the reserves for the payment of all pensions 123
and disability benefits payable as provided in this chapter. The 124
amounts paid by any employer under section 145.48 of the Revised 127
Code shall be credited to the employers' accumulation fund. 128
Any payments made into the employers' accumulation fund by 130
a member as provided in section 145.31 of the Revised Code shall 131
be refunded to such member under the conditions specified in 132
section 145.40 of the Revised Code. 133
Upon the retirement of a contributor, the full amount of 135
the contributor's pension reserve shall be transferred from the 137
employers' accumulation fund to the annuity and pension reserve 138
fund.
(C) The annuity and pension reserve fund is the fund from 140
which shall be paid all pensions, disability benefits, annuities, 141
and benefits in lieu thereof, because of which reserves have been 142
transferred from the employees' savings fund and the employers' 143
accumulation fund. 144
Any contributor may deposit in the employees' savings fund, 146
subject to rules established by the public employees retirement 148
system, additional amounts the contributor, and, at the time of 150
age and service retirement, shall receive in return therefor, at 151
the contributor's option, either an annuity having a reserve 152
equal to the amount deposited or a cash refund of such amounts 153
together with such interest as may have been allowed by the 154
board. Such deposits for additional annuity together with such 156
interest as may have been allowed by the board at the end of each 158
calendar year shall be refunded in the event of death prior to 159
retirement or withdrawal of accumulated contributions as provided 160
in sections 145.40 and 145.43 of the Revised Code or upon 161
application of the contributor prior to age and service 162
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retirement.
For deposits received in a calendar year, interest shall be 165
earned beginning on the first day of the calendar year next
following and ending on the last day of that year, except that in 167
the case of a payment under this division made prior to the last 169
day of a year, interest shall be earned ending on the last day of 170
the month prior to the date of payment. The board shall credit 171
interest at the end of the calendar year in which it is earned. 172
(D) The income fund is the fund from which interest is 174
transferred and credited on the amounts in the funds described in 175
divisions (B), (C), and (F) of this section, and is a contingent 176
fund from which the special requirements of the funds may be paid 177
by transfer from this fund. All income derived from the 178
investment of the funds of the system, together with all gifts 181
and bequests, or the income therefrom, shall be paid into this 182
fund.
Any deficit occurring in any other fund that will not be 184
covered by payments to that fund, as otherwise provided in 185
Chapter 145. of the Revised Code, shall be paid by transfers of 186
amounts from the income fund to such fund or funds. If the 187
amount in the income fund is insufficient at any time to meet the 188
amounts payable to the funds described in divisions (C) and (F) 190
of this section, the amount of the deficiency shall be 191
transferred from the employers' accumulation fund. 192
The system may accept gifts and bequests. Any gifts or 196
bequests, any funds which may be transferred from the employees' 198
savings fund by reason of lack of a claimant, any surplus in any 199
fund created by this section, or any other funds whose 200
disposition is not otherwise provided for, shall be credited to 201
the income fund.
(E) The expense fund is the fund from which shall be paid 203
the expenses of the administration of this chapter, exclusive of 204
amounts payable as retirement allowances and as other benefits. 205
(F) The survivors' benefit fund is the fund from which 207
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shall be paid dependent survivor benefits provided by section 208
145.45 of the Revised Code. 209
(G) The defined contribution fund is the fund in which 212
shall be accumulated the contributions deducted from the earnable 213
salary of members participating in a plan established under 214
section 145.81 of the Revised Code, as provided in section 145.85 216
of the Revised Code, together with any earnings and employer 218
contributions, as provided in section 145.86 of the Revised Code, 219
credited thereon. The defined contribution fund is the fund from 220
which shall be paid all benefits provided under a plan
established under section 145.81 of the Revised Code. 221
Sec. 145.27. (A)(1) As used in this division, "personal 231
history record" means information maintained by the public 232
employees retirement board on AN INDIVIDUAL WHO IS a member, 233
former member, contributor, former contributor, retirant, or 234
beneficiary that includes the address, telephone number, social 235
security number, record of contributions, correspondence with the 236
public employees retirement system, or other information the 238
board determines to be confidential.
(2) The records of the board shall be open to public 240
inspection, except for the following, which shall be excluded, 241
except with the written authorization of the individual 242
concerned: 243
(a) The individual's statement of previous service and 245
other information as provided for in section 145.16 of the 246
Revised Code; 247
(b) The amount of a monthly allowance or benefit paid to 249
the individual; 250
(c) The individual's personal history record. 252
(B) All medical reports and recommendations required by 254
this chapter are privileged, except that copies of such medical 257
reports or recommendations shall be made available to the 258
personal physician, attorney, or authorized agent of the 259
individual concerned upon written release from the individual or 260
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the individual's agent, or when necessary for the proper 261
administration of the fund, to the board assigned physician. 262
(C) Any person who is a member or contributor of the 264
system shall be furnished with a statement of the amount to the 265
credit of the individual's account upon written request. The 267
board is not required to answer more than one such request of a 268
person in any one year. The board may issue annual statements of 269
accounts to members and contributors. 270
(D) Notwithstanding the exceptions to public inspection in 272
division (A)(2) of this section, the board may furnish the 273
following information: 274
(1) If a member, former member, contributor, former 276
contributor, or retirant is subject to an order issued under 277
section 2907.15 of the Revised Code or is convicted of or pleads 278
guilty to a violation of section 2921.41 of the Revised Code, on 279
written request of a prosecutor as defined in section 2935.01 of 280
the Revised Code, the board shall furnish to the prosecutor the 281
information requested from the individual's personal history 282
record. 283
(2) Pursuant to a court or administrative order issued 285
under section 3111.23 or 3113.21 of the Revised Code, the board 286
shall furnish to a court or child support enforcement agency the 287
information required under that section. 288
(3) At the written request of any person, the board shall 290
provide to the person a list of the names and addresses of 291
members, former members, contributors, former contributors, 292
retirants, or beneficiaries. The costs of compiling, copying, 293
and mailing the list shall be paid by such person. 294
(4) Within fourteen days after receiving from the director 296
of job and family services a list of the names and social 297
security numbers of recipients of public assistance pursuant to 299
section 5101.181 of the Revised Code, the board shall inform the 300
auditor of state of the name, current or most recent employer 301
address, and social security number of each member whose name and 302
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social security number are the same as that of a person whose 303
name or social security number was submitted by the director. 304
The board and its employees shall, except for purposes of 305
furnishing the auditor of state with information required by this 306
section, preserve the confidentiality of recipients of public 307
assistance in compliance with division (A) of section 5101.181 of 308
the Revised Code.
(5) THE SYSTEM SHALL COMPLY WITH ORDERS ISSUED UNDER 311
SECTION 3105.87 OF THE REVISED CODE.
ON THE WRITTEN REQUEST OF AN ALTERNATE PAYEE, AS DEFINED IN 313
SECTION 3105.80 OF THE REVISED CODE, THE SYSTEM SHALL FURNISH TO 315
THE ALTERNATE PAYEE INFORMATION ON THE AMOUNT AND STATUS OF ANY 316
AMOUNTS PAYABLE TO THE ALTERNATE PAYEE UNDER AN ORDER ISSUED 317
UNDER SECTION 3105.171 OR 3105.65 OF THE REVISED CODE. 318
(E) A statement that contains information obtained from 320
the system's records that is signed by the executive director OR 321
AN OFFICER of the retirement system and to which the system's 323
official seal is affixed, or copies of the system's records to 324
which the signature and seal are attached, shall be received as 325
true copies of the system's records in any court or before any 326
officer of this state. 327
Sec. 145.293. (A) Service credit purchased under this 336
section shall be included in the member's total service credit. 337
Credit may be purchased for the following: 338
(1) Service rendered in another state, and service in any 340
entity operated by the United States government, that, if served 341
in a comparable position in Ohio, would be covered by the public 342
employees retirement system, Ohio police and fire pension fund, 344
state teachers retirement system, school employees retirement 345
system, or state highway patrol retirement system; 346
(2) Service for which contributions were made by the 348
member or on the member's behalf to a municipal retirement system 350
in this state, EXCEPT THAT IF THE CONDITIONS SPECIFIED IN SECTION 351
145.2910 OF THE REVISED CODE ARE MET, SERVICE CREDIT FOR THIS
9
SERVICE MAY BE PURCHASED ONLY IN ACCORDANCE WITH SECTION 145.2911 353
OF THE REVISED CODE.
The number of years purchased under this section shall not 355
exceed the lesser of five years or the member's total accumulated 356
number of years of Ohio service. 357
(B) For each year of service purchased, a member shall pay 359
to the public employees retirement system for credit to the 360
member's accumulated account an amount equal to the member's 362
retirement contribution for full-time employment for the first 363
year of Ohio service following termination of the service to be 364
purchased. To this amount shall be added an amount equal to 365
compound interest at a rate established by the public employees 366
retirement board from the date of membership in the public 367
employees retirement system to date of payment. The member may 368
choose to purchase only part of such credit in any one payment, 369
subject to board rules. 370
(C) A member is ineligible to purchase under this section 372
service for which the member has obtained credit under section 374
145.44 of the Revised Code or service that is used in the 375
calculation of any retirement benefit currently being paid or 376
payable in the future to the member under any other retirement 377
program except social security. At the time the credit is 378
purchased the member shall certify on a form furnished by the 379
retirement board that the member does and will conform to this 380
requirement.
(D) Credit purchased under this section may be combined 382
pursuant to section 145.37 with credit purchased under sections 383
3307.74 and 3309.31 of the Revised Code, except that not more 385
than an aggregate total of five years' service credit purchased 386
under this section and sections 3307.74 and 3309.31 shall be used 388
in determining retirement eligibility or calculating benefits 389
under section 145.37 of the Revised Code. 390
Sec. 145.295. (A) AS USED IN THIS SECTION, "MILITARY 399
SERVICE CREDIT" MEANS CREDIT PURCHASED OR OBTAINED UNDER THIS 401
10
CHAPTER OR CHAPTER 742. OR 5505. OF THE REVISED CODE FOR SERVICE 403
IN THE ARMED FORCES OF THE UNITED STATES.
(B) A member of the public employees retirement system who 406
has contributions on deposit with, but is no longer contributing 407
to, the Ohio police and fire pension fund or state highway patrol 410
retirement system shall, in computing years of service, be given
full credit for service credit earned under Chapter 742. or 5505. 412
of the Revised Code or purchased for MILITARY service in the 413
armed forces of the United States CREDIT if a transfer to the 414
public employees retirement system is made under this division. 416
At the request of the member, the Ohio police and fire pension 418
fund or the state highway patrol retirement system shall transfer 420
to the public employees retirement system, for each year of 421
service, the sum of the following: 422
(1) An amount equal to the member's accumulated 424
contributions to the fund or system making the transfer, any 425
payments by the member for MILITARY service in the armed forces 426
of the United States CREDIT, and any amounts paid under section 427
742.375 or 5505.201 of the Revised Code to purchase service 428
credit;
(2) An amount equal to the lesser of the employer's 430
contributions to the Ohio police and fire pension fund or state 432
highway patrol retirement system or the amount that would have 433
been contributed by the employer for the service had the member 434
been employed by the member's current employer as a member of the 435
public employees retirement system AT THE TIME THE CREDIT WAS 436
EARNED;
(3) Interest, determined as provided in division (G)(H) of 439
this section, on the amounts specified in divisions (A)(B)(1) and 441
(2) of this section for the period from the last day of the year 445
for which the service credit in the transferring fund or system 447
was earned or in which PAYMENT WAS MADE FOR military service 448
credit or credit under section 742.375 or 5505.201 of the Revised 449
Code was purchased or obtained to the date the transfer is made. 451
11
(B)(C) A member of the public employees retirement system 453
who has at least eighteen months of contributing service credit 454
with the public employees retirement system, who is a former 455
member of the Ohio police and fire pension fund or state highway 458
patrol retirement system, and who has received a refund of the 459
member's accumulated contributions to that fund or system shall, 460
in computing years of service, be given full credit for service 461
credit earned under Chapter 742. or 5505. of the Revised Code or 462
purchased for MILITARY service in the armed forces of the United 464
States CREDIT if, for each year of service, the public employees 465
retirement system receives the sum of the following: 466
(1) An amount, which shall be paid by the member, equal to 469
the amount refunded by the Ohio police and fire pension fund or 471
the state highway patrol retirement system to the member for that
year for accumulated contributions and payments for purchase of 473
credit for MILITARY service in the armed forces of the United 475
States CREDIT, with interest AT A RATE ESTABLISHED BY THE PUBLIC 477
EMPLOYEES RETIREMENT BOARD on that amount from the date of the 478
refund to the date of the payment; 480
(2) Interest, which shall be transferred by the Ohio 483
police and fire pension fund or state highway patrol retirement 485
system, on the amount refunded to the member that is attributable
to the year of service from the last day of the year for which 487
the service credit was earned or in which PAYMENT WAS MADE FOR 488
military service credit was purchased or obtained to the date the 490
refund was made;
(3) An amount, which shall be transferred by the Ohio 492
police and fire pension fund or state highway patrol retirement 494
system, equal to the lesser of the employer's contributions to 495
the Ohio police and fire pension fund or state highway patrol 496
retirement system for that year or the amount that would have 497
been contributed by the employer for the year SERVICE had the 498
member been employed by the member's current employer as a member 500
of the public employees retirement system AT THE TIME THE CREDIT 501
12
WAS EARNED, with interest on that amount from the last day of the 503
year for which the service credit was earned or in which PAYMENT
WAS MADE FOR military service credit was purchased or obtained to 505
the date of the transfer. 506
On receipt of payment from the member, the public employees 509
retirement system shall notify the Ohio police and fire pension 510
fund or the state highway patrol retirement system, which, on 511
receipt of the notice, shall make the transfer required by this 512
division. Interest shall be determined as provided in division 513
(G)(H) of this section. 514
(C)(D) A member of the public employees retirement system 517
who purchased credit under former division (A)(1) of this 519
section, as it existed before August 25, 1995, for service as a 520
member of the Ohio police and fire pension fund or state highway 522
patrol retirement system may elect to have the amount the member 524
paid for this service credit refunded to the member under this 525
division if the member agrees to repurchase this service credit
pursuant to division (B)(C) of this section. 526
(D)(E) Service credit purchased or otherwise obtained 528
under this section shall be considered the equivalent of Ohio 529
service credit. 530
A member may choose to purchase only part of the credit the 533
member is eligible to purchase under division (B)(C) of this 535
section in any one payment, subject to rules of the public 536
employees retirement board. A member is ineligible to purchase 538
or otherwise obtain credit under this section for service to be 539
used in calculation of any retirement benefit currently being 540
paid or payable to the member in the future. 541
(E)(F) If a member of the public employees retirement 543
system who is not a current contributor elects to receive credit 544
under section 742.379 742.21 or 5505.202 5505.40 of the Revised 546
Code for service for which the member contributed to the 547
retirement system or purchased MADE PAYMENT FOR MILITARY SERVICE 548
credit for service in the armed forces of the United States, the 551
13
retirement system shall transfer to the Ohio police and fire 552
pension fund or the state highway patrol retirement system, as 553
applicable, the amount specified in division (D) of section 555
742.379 742.21 or division (B)(2) of section 5505.202 5505.40 of 557
the Revised Code.
(F)(G) A member of the public employees retirement system 559
who earned service credit in the public employees retirement 560
system for full-time service as a township or municipal police 561
officer and received service credit in the Ohio police and fire 563
pension fund under section 742.511 or 742.512 of the Revised Code 565
for such service may elect to have the credit restored as public 566
employees retirement system service credit by paying the public 567
employees retirement system an amount equal to the accumulated 568
contributions paid by the member to the Ohio police and fire 570
pension fund under section 742.511 or 742.512 of the Revised 572
Code. When such an election is made, the Ohio police and fire 574
pension fund shall transfer to the public employees retirement 576
system the amount previously transferred under section 742.511 or 577
742.512 of the Revised Code from the public employees retirement 578
system to the Ohio police and fire pension fund. 580
(G)(H) Interest charged under this section shall be 583
calculated separately for each year of service credit. UNLESS 585
OTHERWISE SPECIFIED IN THIS SECTION, IT SHALL BE CALCULATED at 586
the lesser of the actuarial assumption rate for that year of the 587
public employees retirement system or of the fund or retirement 588
system in which the credit was earned. The interest shall be 589
compounded annually. 590
(I) AT THE REQUEST OF THE PUBLIC EMPLOYEES RETIREMENT 592
SYSTEM, THE OHIO POLICE AND FIRE PENSION FUND OR STATE HIGHWAY 593
PATROL RETIREMENT SYSTEM SHALL CERTIFY TO THE PUBLIC EMPLOYEES 594
RETIREMENT SYSTEM A COPY OF THE RECORDS OF THE SERVICE AND 595
CONTRIBUTIONS OF A PUBLIC EMPLOYEES RETIREMENT SYSTEM MEMBER WHO 596
SEEKS SERVICE CREDIT UNDER THIS SECTION. 597
Sec. 145.2910. (A) AS USED IN THIS SECTION AND SECTIONS 599
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145.2911 AND 145.2912 OF THE REVISED CODE, "MILITARY SERVICE 600
CREDIT" MEANS SERVICE CREDIT PURCHASED OR OBTAINED UNDER THE 601
PUBLIC EMPLOYEES RETIREMENT SYSTEM OR CITY OF CINCINNATI 602
RETIREMENT SYSTEM FOR SERVICE IN THE ARMED FORCES OF THE UNITED 604
STATES.
(B) SERVICE CREDIT AND CONTRIBUTIONS MAY BE TRANSFERRED 607
BETWEEN THE PUBLIC EMPLOYEES RETIREMENT SYSTEM AND THE CITY OF 608
CINCINNATI RETIREMENT SYSTEM AS SPECIFIED IN SECTIONS 145.2911 609
AND 145.2912 OF THE REVISED CODE IF BOTH OF THE FOLLOWING 610
CONDITIONS ARE MET:
(1) THE CINCINNATI CITY COUNCIL AND THE BOARD OF TRUSTEES 612
OF THE CINCINNATI RETIREMENT SYSTEM TAKE ALL ACTIONS, INCLUDING 614
THE ADOPTION OF ANY ORDINANCE OR RESOLUTION, NECESSARY TO
AUTHORIZE THE TRANSFERS. 615
(2) THE PUBLIC EMPLOYEES RETIREMENT SYSTEM AND CINCINNATI 618
RETIREMENT SYSTEM, THROUGH THEIR BOARDS OF TRUSTEES, ENTER INTO 619
AN AGREEMENT GOVERNING THE TRANSFERS THAT IS CONSISTENT WITH THE 620
REQUIREMENTS OF SECTIONS 145.2911 AND 145.2912 OF THE REVISED 621
CODE AND INCLUDES BOTH OF THE FOLLOWING: 622
(a) A PROVISION UNDER WHICH THE RETIREMENT SYSTEMS AGREE 624
TO TRANSFER THE AMOUNTS SPECIFIED IN THOSE SECTIONS; 625
(b) A PROVISION THAT SPECIFIES AN AMOUNT OF CREDIT THE 627
SYSTEM TO WHICH THE TRANSFER IS MADE WILL GRANT FOR A SPECIFIC 629
PERIOD OF SERVICE EARNED UNDER THE TRANSFERRING SYSTEM. 630
(C) THE AMOUNT OF CREDIT SPECIFIED UNDER DIVISION (B)(2) 632
OF THIS SECTION MAY BE LESS THAN THE PERSON EARNED FOR A SPECIFIC 634
PERIOD OF SERVICE UNDER THE TRANSFERRING SYSTEM. 635
(D)(1) THE PUBLIC EMPLOYEES RETIREMENT SYSTEM, THROUGH ITS 638
BOARD OF TRUSTEES, AND THE CINCINNATI RETIREMENT SYSTEM, ACTING 639
PURSUANT TO THE AUTHORITY GRANTED IT BY THE CINCINNATI CITY 640
COUNCIL, MAY DO EITHER OF THE FOLLOWING: 641
(a) BY MUTUAL CONSENT, MODIFY THE AGREEMENT DESCRIBED IN 644
THIS SECTION;
(b) RESCIND THE AGREEMENT DESCRIBED IN THIS SECTION. 646
15
(2) ANY ACTION TAKEN UNDER DIVISION (D)(1) OF THIS SECTION 648
DOES NOT AFFECT ANY TRANSFERS MADE BETWEEN THE SYSTEMS AND GRANTS 649
OF CREDIT MADE BY THE SYSTEMS PRIOR TO THE TIME ACTION IS TAKEN. 650
(3) RESCINDING AN AGREEMENT AS PROVIDED IN DIVISION 653
(D)(1)(b) OF THIS SECTION DOES NOT REQUIRE MUTUAL CONSENT. THE 654
RETIREMENT SYSTEM THAT RESCINDS THE AGREEMENT MUST PROMPTLY 655
NOTIFY THE OTHER.
(E) IF EITHER OF THE CONDITIONS SPECIFIED IN DIVISION (B) 658
OF THIS SECTION IS NOT MET, A MEMBER OF THE PUBLIC EMPLOYEES 659
RETIREMENT SYSTEM WHO MEETS THE REQUIREMENTS OF SECTION 145.293 660
OF THE REVISED CODE MAY PURCHASE CREDIT UNDER DIVISION (A)(2) OF 662
THAT SECTION FOR SERVICE IN THE CINCINNATI RETIREMENT SYSTEM. 663
Sec. 145.2911. (A) IF THE CONDITIONS DESCRIBED IN 665
DIVISION (B) OF SECTION 145.2910 OF THE REVISED CODE ARE MET, A 667
MEMBER OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM WHO IS NOT 668
RECEIVING A PENSION OR BENEFIT FROM THE PUBLIC EMPLOYEES 669
RETIREMENT SYSTEM IS ELIGIBLE TO OBTAIN CREDIT FOR SERVICE AS A 671
MEMBER OF THE CINCINNATI RETIREMENT SYSTEM UNDER THIS SECTION. 672
(B) A MEMBER OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM WHO 674
HAS CONTRIBUTIONS ON DEPOSIT WITH, BUT IS NO LONGER CONTRIBUTING 675
TO, THE CINCINNATI RETIREMENT SYSTEM SHALL, IN COMPUTING YEARS OF 676
SERVICE CREDIT, BE GIVEN CREDIT FOR SERVICE CREDIT EARNED UNDER 677
THE CINCINNATI RETIREMENT SYSTEM OR PURCHASED OR OBTAINED AS 678
MILITARY SERVICE CREDIT IF, FOR EACH YEAR OF SERVICE, THE 679
CINCINNATI RETIREMENT SYSTEM TRANSFERS TO THE PUBLIC EMPLOYEES 681
RETIREMENT SYSTEM THE SUM OF THE FOLLOWING: 682
(1) THE AMOUNT CONTRIBUTED BY THE MEMBER, OR, IN THE CASE 684
OF MILITARY SERVICE CREDIT, PAID BY THE MEMBER, THAT IS 685
ATTRIBUTABLE TO THE YEAR OF SERVICE; 686
(2) AN AMOUNT EQUAL TO THE LESSER OF THE EMPLOYER'S 689
CONTRIBUTIONS TO THE CINCINNATI RETIREMENT SYSTEM OR THE AMOUNT 690
THAT WOULD HAVE BEEN CONTRIBUTED BY THE EMPLOYER FOR THE SERVICE 691
HAD THE MEMBER BEEN EMPLOYED BY THE MEMBER'S CURRENT EMPLOYER AS 692
A MEMBER OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM AT THE TIME 693
16
THE CREDIT WAS EARNED;
(3) INTEREST ON THE AMOUNTS SPECIFIED IN DIVISIONS (B)(1) 695
AND (2) OF THIS SECTION FROM THE LAST DAY OF THE YEAR FOR WHICH 696
THE SERVICE CREDIT WAS EARNED OR IN WHICH PAYMENT WAS MADE FOR 697
MILITARY SERVICE CREDIT TO THE DATE THE TRANSFER IS MADE. 698
(C) A MEMBER OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM 700
WITH AT LEAST EIGHTEEN MONTHS OF CONTRIBUTING SERVICE CREDIT WITH 701
THE PUBLIC EMPLOYEES RETIREMENT SYSTEM WHO HAS RECEIVED A REFUND 702
OF THE MEMBER'S CONTRIBUTIONS TO THE CINCINNATI RETIREMENT SYSTEM 703
SHALL, IN COMPUTING YEARS OF SERVICE, BE GIVEN CREDIT FOR SERVICE 704
CREDIT EARNED UNDER THE CINCINNATI RETIREMENT SYSTEM OR PURCHASED 706
OR OBTAINED AS MILITARY SERVICE CREDIT IF, FOR EACH YEAR OF
SERVICE, THE PUBLIC EMPLOYEES RETIREMENT SYSTEM RECEIVES THE SUM 709
OF THE FOLLOWING:
(1) AN AMOUNT, PAID BY THE MEMBER, EQUAL TO THE SUM OF THE 711
FOLLOWING:
(a) THE AMOUNT REFUNDED BY THE CINCINNATI RETIREMENT 714
SYSTEM TO THE MEMBER FOR THAT YEAR FOR CONTRIBUTIONS AND PAYMENTS 715
FOR MILITARY SERVICE, WITH INTEREST AT A RATE ESTABLISHED BY THE 716
PUBLIC EMPLOYEES RETIREMENT BOARD ON THAT AMOUNT FROM THE DATE OF 717
THE REFUND TO THE DATE OF PAYMENT; 718
(b) THE AMOUNT OF INTEREST, IF ANY, THE MEMBER RECEIVED 720
WHEN THE REFUND WAS MADE THAT IS ATTRIBUTABLE TO THE YEAR OF 721
SERVICE.
(2) AN AMOUNT, TRANSFERRED BY THE CINCINNATI RETIREMENT 723
SYSTEM TO THE PUBLIC EMPLOYEES RETIREMENT SYSTEM, EQUAL TO THE 724
SUM OF THE FOLLOWING: 725
(a) INTEREST ON THE AMOUNT REFUNDED TO THE MEMBER THAT IS 727
ATTRIBUTABLE TO THE YEAR OF SERVICE FROM THE LAST DAY OF THE YEAR 728
FOR WHICH THE SERVICE CREDIT WAS EARNED OR IN WHICH PAYMENT WAS 730
MADE FOR MILITARY SERVICE CREDIT TO THE DATE THE REFUND WAS MADE; 732
(b) AN AMOUNT EQUAL TO THE LESSER OF THE EMPLOYER'S 734
CONTRIBUTIONS TO THE CINCINNATI RETIREMENT SYSTEM OR THE AMOUNT 735
THAT WOULD HAVE BEEN CONTRIBUTED BY THE EMPLOYER FOR THE SERVICE 736
17
HAD THE MEMBER BEEN EMPLOYED BY THE MEMBER'S CURRENT EMPLOYER AS 738
A MEMBER OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM AT THE TIME 739
THE CREDIT WAS EARNED, WITH INTEREST ON THAT AMOUNT FROM THE LAST 741
DAY OF THE YEAR FOR WHICH THE SERVICE CREDIT WAS EARNED TO THE 742
DATE OF THE TRANSFER. 743
(D) THE AMOUNT TRANSFERRED UNDER DIVISION (C)(2)(a) OF 746
THIS SECTION SHALL NOT INCLUDE ANY AMOUNT OF INTEREST THE 747
CINCINNATI RETIREMENT SYSTEM PAID TO THE PERSON WHEN IT MADE THE 748
REFUND.
(E) ON RECEIPT OF PAYMENT FROM THE MEMBER UNDER DIVISION 751
(C)(1) OF THIS SECTION, THE PUBLIC EMPLOYEES RETIREMENT SYSTEM 752
SHALL NOTIFY THE CINCINNATI RETIREMENT SYSTEM. ON RECEIPT OF THE 753
NOTICE, THE CINCINNATI RETIREMENT SYSTEM SHALL TRANSFER THE 754
AMOUNT DESCRIBED IN DIVISION (C)(2) OF THIS SECTION. 755
(F) INTEREST CHARGED UNDER THIS SECTION SHALL BE 757
CALCULATED SEPARATELY FOR EACH YEAR OF SERVICE CREDIT. UNLESS 758
OTHERWISE SPECIFIED IN THIS SECTION, IT SHALL BE CALCULATED AT 759
THE LESSER OF THE ACTUARIAL ASSUMPTION RATE FOR THAT YEAR OF THE 760
PUBLIC EMPLOYEES RETIREMENT SYSTEM OR THE CINCINNATI RETIREMENT 761
SYSTEM. THE INTEREST SHALL BE COMPOUNDED ANNUALLY. 762
(G) AT THE REQUEST OF THE PUBLIC EMPLOYEES RETIREMENT 764
SYSTEM, THE CINCINNATI RETIREMENT SYSTEM SHALL CERTIFY TO THE 765
PUBLIC EMPLOYEES RETIREMENT SYSTEM A COPY OF THE RECORDS OF THE 766
SERVICE AND CONTRIBUTIONS OF A MEMBER OF THE PUBLIC EMPLOYEES 768
RETIREMENT SYSTEM WHO SEEKS SERVICE CREDIT UNDER THIS SECTION. 769
(H) SERVICE CREDIT PURCHASED OR OTHERWISE OBTAINED UNDER 771
THIS SECTION SHALL BE CONSIDERED THE EQUIVALENT OF OHIO SERVICE 772
CREDIT. 773
(I) A MEMBER MAY CHOOSE TO PURCHASE ONLY PART OF THE 775
CREDIT THE MEMBER IS ELIGIBLE TO PURCHASE UNDER DIVISION (C) OF 776
THIS SECTION IN ANY ONE PAYMENT, SUBJECT TO RULES OF THE PUBLIC 777
EMPLOYEES RETIREMENT BOARD. 778
(J) A MEMBER IS INELIGIBLE TO PURCHASE OR OTHERWISE OBTAIN 780
CREDIT UNDER THIS SECTION FOR THE SERVICE TO BE USED IN 781
18
CALCULATION OF ANY RETIREMEMENT BENEFIT CURRENTLY BEING PAID OR 782
PAYABLE TO THE MEMBER IN THE FUTURE. 783
Sec. 145.2912. (A) IF THE CONDITIONS DESCRIBED IN 785
DIVISION (B) OF SECTION 145.2910 OF THE REVISED CODE ARE MET AND 787
A PERSON WHO IS A MEMBER OR FORMER MEMBER OF THE PUBLIC EMPLOYEES
RETIREMENT SYSTEM BUT NOT A CURRENT CONTRIBUTOR AND WHO IS NOT 789
RECEIVING A PENSION OR BENEFIT FROM THE PUBLIC EMPLOYEES 790
RETIREMENT SYSTEM ELECTS TO RECEIVE CREDIT UNDER THE CINCINNATI 791
RETIREMENT SYSTEM FOR SERVICE FOR WHICH THE PERSON CONTRIBUTED TO 792
THE PUBLIC EMPLOYEES RETIREMENT SYSTEM OR PURCHASED OR OBTAINED
AS MILITARY SERVICE CREDIT, THE PUBLIC EMPLOYEES RETIREMENT 795
SYSTEM SHALL TRANSFER THE AMOUNTS SPECIFIED IN DIVISIONS (B) AND 796
(C) OF THIS SECTION TO THE CINCINNATI RETIREMENT SYSTEM. 797
(B) IF THE PERSON HAS CONTRIBUTIONS ON DEPOSIT WITH THE 799
PUBLIC EMPLOYEES RETIREMENT SYSTEM, THE PUBLIC EMPLOYEES 800
RETIREMENT SYSTEM SHALL, FOR EACH YEAR OF SERVICE CREDIT, 802
TRANSFER TO THE CINCINNATI RETIREMENT SYSTEM THE SUM OF THE 803
FOLLOWING:
(1) AN AMOUNT EQUAL TO THE PERSON'S CONTRIBUTIONS TO THE 805
PUBLIC EMPLOYEES RETIREMENT SYSTEM AND PAYMENTS MADE BY THE 806
MEMBER FOR MILITARY SERVICE CREDIT; 807
(2) AN AMOUNT EQUAL TO THE LESSER OF THE EMPLOYER'S 810
CONTRIBUTIONS TO THE PUBLIC EMPLOYEES RETIREMENT SYSTEM OR THE
AMOUNT THAT WOULD HAVE BEEN CONTRIBUTED BY THE EMPLOYER FOR THE 812
SERVICE HAD THE PERSON BEEN A MEMBER OF THE CINCINNATI RETIREMENT 813
SYSTEM AT THE TIME THE CREDIT WAS EARNED; 814
(3) INTEREST ON THE AMOUNTS SPECIFIED IN DIVISIONS (B)(1) 816
AND (2) OF THIS SECTION FOR THE PERIOD FROM THE LAST DAY OF THE 817
YEAR FOR WHICH THE SERVICE CREDIT WAS EARNED OR IN WHICH PAYMENT 818
WAS MADE FOR MILITARY SERVICE CREDIT TO THE DATE THE TRANSFER WAS 819
MADE.
(C)(1) IF THE PERSON HAS RECEIVED A REFUND OF ACCUMULATED 821
CONTRIBUTIONS TO THE PUBLIC EMPLOYEES RETIREMENT SYSTEM, THE 822
PUBLIC EMPLOYEES RETIREMENT SYSTEM SHALL, FOR EACH YEAR OF 824
19
SERVICE CREDIT, TRANSFER TO THE CINCINNATI RETIREMENT SYSTEM THE 825
SUM OF THE FOLLOWING:
(a) INTEREST ON THE AMOUNT REFUNDED TO THE FORMER MEMBER 827
THAT IS ATTRIBUTABLE TO THE YEAR OF SERVICE FROM THE LAST DAY OF 828
THE YEAR FOR WHICH THE SERVICE CREDIT WAS EARNED OR IN WHICH 829
PAYMENT WAS MADE FOR MILITARY SERVICE CREDIT TO THE DATE THE 830
REFUND WAS MADE;
(b) AN AMOUNT EQUAL TO THE LESSER OF THE EMPLOYER'S 833
CONTRIBUTIONS TO THE PUBLIC EMPLOYEES RETIREMENT SYSTEM OR THE
AMOUNT THAT WOULD HAVE BEEN CONTRIBUTED BY THE EMPLOYER FOR THE 835
SERVICE HAD THE PERSON BEEN A MEMBER OF THE CINCINNATI RETIREMENT 836
SYSTEM AT THE TIME THE CREDIT WAS EARNED, WITH INTEREST ON THAT 837
AMOUNT FROM THE LAST DAY OF THE YEAR FOR WHICH THE SERVICE CREDIT 838
WAS EARNED TO THE DATE OF THE TRANSFER. 839
(2) THE AMOUNT TRANSFERRED UNDER DIVISION (C)(1) OF THIS 841
SECTION SHALL NOT INCLUDE ANY AMOUNT OF THE EMPLOYER'S 842
CONTRIBUTIONS OR INTEREST ON EMPLOYEE CONTRIBUTIONS THE PERSON 844
RECEIVED UNDER SECTION 145.40 OF THE REVISED CODE. 845
(3) ON RECEIPT OF NOTICE FROM THE CINCINNATI RETIREMENT 847
SYSTEM THAT THE CINCINNATI RETIREMENT SYSTEM HAS RECEIVED PAYMENT 848
FROM A PERSON DESCRIBED IN DIVISION (C)(1) OF THIS SECTION, THE 849
PUBLIC EMPLOYEES RETIREMENT SYSTEM SHALL TRANSFER THE AMOUNT 850
DESCRIBED IN THAT DIVISION. 851
(D) INTEREST CHARGED UNDER THIS SECTION SHALL BE 853
CALCULATED SEPARATELY FOR EACH YEAR OF SERVICE CREDIT. UNLESS 854
OTHERWISE SPECIFIED IN THIS SECTION, IT SHALL BE CALCULATED AT 855
THE LESSER OF THE ACTUARIAL ASSUMPTION RATE FOR THAT YEAR OF THE 856
PUBLIC EMPLOYEES RETIREMENT SYSTEM OR THE CINCINNATI RETIREMENT 857
SYSTEM. THE INTEREST SHALL BE COMPOUNDED ANNUALLY. 858
(E) THE TRANSFER OF ANY AMOUNT UNDER THIS SECTION CANCELS 860
AN EQUIVALENT AMOUNT OF SERVICE CREDIT. 861
(F) AT THE REQUEST OF THE CINCINNATI RETIREMENT SYSTEM, 863
THE PUBLIC EMPLOYEES RETIREMENT SYSTEM SHALL CERTIFY TO THE 865
CINCINNATI RETIREMENT SYSTEM A COPY OF THE RECORDS OF THE SERVICE 866
20
AND CONTRIBUTIONS OF A MEMBER OR FORMER MEMBER OF THE PUBLIC 868
EMPLOYEES RETIREMENT SYSTEM WHO ELECTS TO RECEIVE SERVICE CREDIT 869
UNDER THE CINCINNATI RETIREMENT SYSTEM.
Sec. 145.31. Except as provided in this section, a member 878
or former member of the public employees retirement system with 880
at least eighteen months of contributing service credit in this 881
system, the state teachers retirement system, the school 882
employees retirement system, the Ohio police and fire pension 884
fund, or the state highway patrol retirement system, after the 885
withdrawal of accumulated contributions and cancellation of 886
service credit in this system, may restore such service credit by 888
redepositing the amount withdrawn, with interest on such amount 889
compounded annually at a rate to be determined by the public 890
employees retirement board from the first day of the month of 891
withdrawal to and including the month of redeposit. The amount 893
redeposited shall be credited as follows:
(A) The amount that equals the amount, if any, included 895
under section 145.401 of the Revised Code in the withdrawal of 897
accumulated contributions under section 145.40 of the Revised 898
Code shall be credited to the employers' accumulation fund. 899
(B) The remaining amount shall be credited to the member's 901
account in the employees' savings fund. 902
The member may choose to purchase only part of such credit 905
in any one payment, subject to board rules. Except for any 907
amount included under section 145.401 of the Revised Code in the 908
withdrawal of accumulated contributions under section 145.40 of 910
the Revised Code, the total payment to restore canceled service 912
credit, plus any interest credited thereto, shall be considered 913
as accumulated contributions of the member. If a former member 914
is eligible to buy the service credit as a member of the Ohio 915
police and fire pension fund or, state highway patrol retirement 917
system, OR THE CITY OF CINCINNATI RETIREMENT SYSTEM, the former 918
member is ineligible to restore that service credit under this 919
section.
21
Any employee who has been refunded the employee's 921
accumulated contributions to the public employees retirement 922
system solely by reason of membership in a former firemen's 923
relief and pension fund or a former police relief and pension 924
fund may restore membership in the public employees retirement 925
system by redepositing with the system the amount refunded, with 926
interest on such amount compounded annually at a rate to be 927
determined by the board from the month of refund to and including 928
the month of redeposit. The member may choose to purchase only 929
part of such credit in any one payment, subject to board rules. 930
Sec. 145.33. (A) Except as provided in division (B), (C), 940
OR (D) of this section, a member with at least five years of 942
total service credit who has attained age sixty, or who has 943
thirty years of total Ohio service credit, may apply for age and 944
service retirement, which shall consist of: 945
(1) An annuity having a reserve equal to the amount of the 947
member's accumulated contributions at that time; 948
(2) A pension equal to the annuity provided by division 950
(A)(1) of this section; 951
(3) An additional pension, if the member can qualify for 953
prior service, equal to forty dollars multiplied by the number of 954
years, and fraction thereof, of such prior and military service 955
credit; 956
(4) A basic annual pension equal to one hundred eighty 958
dollars if the member has ten or more years of total service 959
credit as of October 1, 1956, except that the basic annual 960
pension shall not exceed the sum of the annual benefits provided 961
by divisions (A)(1), (2), and (3) of this section. 962
(5) When a member retires on age and service retirement, 964
the member's total annual single lifetime allowance, including 966
the allowances provided in divisions (A)(1), (2), (3), and (4) of 967
this section, shall be not less than a base amount adjusted in 968
accordance with division (A)(5) of this section and determined by 970
multiplying the member's total service credit by the greater of 971
22
the following:
(a) Eighty-six dollars; 973
(b) Two and two-tenths per cent of the member's final 975
average salary for each of the first thirty years of service plus 977
two and one-half per cent of the member's final average salary 978
for each subsequent year of service. 979
The allowance shall be adjusted by the factors of attained 981
age or years of service to provide the greater amount as 982
determined by the following schedule: 983
Years of Percentage 985
Attained or Total Service of 986
Birthday Credit Base Amount 987
58 25 75 989
59 26 80 990
60 27 85 991
61 88 992
28 90 993
62 91 994
63 94 995
29 95 996
64 97 997
65 30 or more 100 998
Members shall vest the right to a benefit in accordance 1,001
with the following schedule, based on the member's attained age 1,002
by September 1, 1976: 1,003
Percentage 1,005
Attained of 1,006
Birthday Base Amount 1,007
66 102 1,008
67 104 1,009
68 106 1,010
69 108 1,011
70 or more 110 1,012
(6) The total annual single lifetime allowance that a 1,015
23
member shall receive under division (A)(5) of this section shall 1,016
not exceed the lesser of one hundred per cent of the member's 1,018
final average salary or the limit established by section 415 of
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1,019
415, as amended. 1,020
(B)(1) For the purposes of divisions (B) to (F) of this 1,023
section, "total service credit as a law enforcement officer"
includes credit for military service to the extent permitted by 1,024
division (F)(2) of this section AND CREDIT FOR SERVICE AS A 1,025
POLICE OFFICER OR STATE HIGHWAY PATROL TROOPER TO THE EXTENT 1,026
PERMITTED BY DIVISION (F)(3) OF THIS SECTION. 1,027
(2) A member who meets the conditions in division 1,029
(B)(2)(a), (b), or (c) of this section may apply for an age and 1,031
service retirement benefit under this division: 1,032
(a) Except as provided in division (B)(2)(b) of this 1,035
section, has at least twenty-five years of total service credit 1,037
as a law enforcement officer and has attained age fifty-two; 1,039
(b) Has at least twenty-five years of total service credit 1,041
as a law enforcement officer while serving as a sheriff, deputy 1,042
sheriff, or township constable or police officer in a township 1,043
police department or district and has attained age forty-eight; 1,046
(c) Has at least fifteen years of total service credit as 1,048
a law enforcement officer and has attained age sixty-two. 1,049
(3) A benefit paid under division (B) of this section 1,051
shall consist of an annual single lifetime allowance equal to the 1,052
sum of two and one-half per cent of the member's final average 1,053
salary multiplied by the first twenty-five years of the member's 1,054
total service plus two and one-tenth per cent of the member's 1,055
final average salary multiplied by the number of years of the 1,056
member's total service credit in excess of twenty-five years. 1,058
(C) A member with at least fifteen years of total service 1,060
credit as a law enforcement officer who voluntarily resigns or is 1,062
discharged for any reason except death, dishonesty, cowardice, 1,063
intemperate habits, or conviction of a felony may apply for an 1,064
24
age and service retirement benefit, which shall consist of an 1,065
annual single lifetime allowance equal to one and one-half per 1,066
cent of the member's final average salary multiplied by the 1,067
number of years of the member's total service credit. The 1,068
allowance shall commence on the first day of the calendar month 1,069
following the month in which the application is filed with the 1,070
public employees retirement board on or after the attainment by 1,071
the applicant of age fifty-two. 1,072
(D)(1) A member with at least twenty-five years of total 1,075
service credit as a law enforcement officer other than as a law 1,077
enforcement officer eligible for a benefit under division 1,078
(B)(2)(b) of this section who voluntarily resigns or is 1,080
discharged for any reason except death, dishonesty, cowardice, 1,082
intemperate habits, or conviction of a felony, on or after the 1,083
date of attaining forty-eight years of age, but before the date 1,084
of attaining fifty-two years of age, may elect to receive a 1,085
reduced benefit as determined by the following schedule: 1,086
Attained Age Reduced Benefit 1,088
48 75% of the benefit payable under 1,090
division (B)(3) of this section 1,091
49 80% of the benefit payable under 1,092
division (B)(3) of this section 1,093
50 86% of the benefit payable under 1,094
division (B)(3) of this section 1,095
51 93% of the benefit payable under 1,096
division (B)(3) of this section 1,097
(2) If a member elects to receive a reduced benefit after 1,102
attaining age forty-eight the reduced benefit is payable from the 1,103
later of the date of the member's most recent birthday or the 1,106
date the member becomes eligible to receive the reduced benefit. 1,107
(3) Once a member elects to receive a reduced benefit 1,109
determined by the schedule in division (D)(1) of this section and 1,111
has received a payment, the member may not reelect to change that 1,112
election.
25
(4) If a member who has resigned or been discharged has 1,114
left on deposit the member's accumulated contributions in the 1,115
employees' savings fund and has not elected to receive a reduced 1,116
benefit determined by the schedule in division (D)(1) of this 1,117
section, upon attaining fifty-two years of age, the member shall 1,119
be entitled to receive a benefit computed and paid under division 1,120
(B)(3) of this section. 1,121
(E) A benefit paid under division (B), (C), or (D) of this 1,124
section shall not exceed the lesser of ninety per cent of the 1,125
member's final average salary or the limit established by section 1,126
415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 1,127
U.S.C.A. 415, as amended.
(F)(1) A member with service credit as a law enforcement 1,129
officer and other service credit under this chapter may elect one 1,131
of the following: 1,132
(a) To have all the member's service credit under this 1,134
chapter, including credit for service as a law enforcement 1,136
officer, used in calculating a retirement allowance under 1,137
division (A) of this section if the member qualifies for an 1,138
allowance under that division; 1,139
(b) If the member qualifies for an allowance under 1,141
division (B)(2)(a) OR (c), (C), or (D) of this section, to have 1,143
the member's service credit as a law enforcement officer used in 1,145
calculating a benefit under that division and the member's credit 1,146
for all service other than law enforcement service under this 1,147
chapter used in calculating a benefit consisting of a single life 1,148
annuity having a reserve equal to the amount of the member's 1,149
accumulated contributions and an equal amount of the employer's 1,150
contributions;
(c) IF THE MEMBER QUALIFIES FOR AN ALLOWANCE UNDER 1,152
DIVISION (B)(2)(b) OF THIS SECTION, TO HAVE THE MEMBER'S SERVICE 1,154
CREDIT AS A LAW ENFORCEMENT OFFICER WHILE SERVING AS A SHERIFF, 1,155
DEPUTY SHERIFF, OR TOWNSHIP CONSTABLE OR POLICE OFFICER IN A 1,156
TOWNSHIP POLICE DEPARTMENT OR DISTRICT USED IN CALCULATING A 1,157
26
BENEFIT UNDER DIVISION (B)(2)(b) OF THIS SECTION AND THE MEMBER'S 1,158
CREDIT FOR ALL OTHER SERVICE UNDER THIS CHAPTER USED IN
CALCULATING A BENEFIT CONSISTING OF A SINGLE LIFE ANNUITY HAVING 1,159
A RESERVE EQUAL TO THE AMOUNT OF THE MEMBER'S ACCUMULATED 1,160
CONTRIBUTIONS AND AN EQUAL AMOUNT OF THE EMPLOYER'S 1,161
CONTRIBUTIONS.
(2) Notwithstanding sections 145.01 and 145.30 of the 1,164
Revised Code, no more than four years of military service credit 1,165
granted under section 145.30 of the Revised Code and five years 1,166
of military service credit purchased under section 145.301 or 1,167
145.302 of the Revised Code shall be used in calculating service 1,168
as a law enforcement officer or the total service credit of that 1,169
person.
(3) Only credit for the member's service as a law 1,171
enforcement officer or service credit obtained as a police 1,172
officer or state highway patrol trooper shall be used in 1,173
computing the benefits under division (B), (C), or (D) of this 1,174
section for the following: 1,176
(a) Any person who originally is commissioned and employed 1,178
as a deputy sheriff by the sheriff of any county, or who 1,179
originally is elected sheriff, on or after January 1, 1975; 1,180
(b) Any deputy sheriff who originally is employed as a 1,182
criminal bailiff or court constable on or after April 16, 1993; 1,183
(c) Any person who originally is appointed as a township 1,185
constable or police officer in a township police department or 1,186
district on or after January 1, 1981; 1,187
(d) Any person who originally is employed as a county 1,189
narcotics agent on or after September 26, 1984; 1,190
(e) Any person who originally is employed as an undercover 1,192
drug agent as defined in section 109.79 of the Revised Code, 1,193
department of public safety enforcement agent who prior to June 1,194
30, 1999, was a liquor control investigator, park officer, forest 1,197
officer, wildlife officer, state watercraft officer, park 1,198
district police officer, conservancy district officer, Ohio 1,199
27
veterans' home police officer, special police officer for a 1,200
mental health institution, special police officer for an 1,201
institution for the mentally retarded and developmentally 1,203
disabled, or municipal police officer on or after December 15, 1,204
1988;
(f) Any person who originally is employed as a state 1,206
university law enforcement officer on or after November 6, 1996; 1,209
(g) Any person who originally is employed as a Hamilton 1,211
county municipal court bailiff on or after November 6, 1996; 1,213
(h) Any person who is originally employed as a state 1,215
university law enforcement officer by the university of Akron on 1,216
or after September 16, 1998; 1,217
(i) Any person who originally is employed as a preserve 1,219
officer on or after March 18, 1999; 1,221
(j) Any person who originally is employed as a natural 1,223
resources law enforcement staff officer on or after March 18, 1,224
1999; 1,225
(k) Any person who is originally employed as a department 1,227
of public safety enforcement agent on or after J June 30, 1999. 1,229
(G) Retirement allowances determined under this section 1,231
shall be paid as provided in section 145.46 of the Revised Code. 1,232
(H) For the purposes of this section, service prior to 1,234
June 30, 1999, as a food stamp trafficking agent under former 1,237
section 5502.14 of the Revised Code shall be considered service
as a law enforcement officer. 1,239
Sec. 145.37. (A) As used in this section: 1,248
(1) "State retirement system" means the public employees 1,250
retirement system, school employees retirement system, or state 1,251
teachers retirement system. 1,252
(2) "Total service credit" means all service credit earned 1,254
in the state retirement systems, except credit for service 1,255
subject to section 145.38 of the Revised Code. Total service 1,256
credit shall not exceed one year of credit for any twelve-month 1,257
period. 1,258
28
(3) In addition to the meaning given in division (N) of 1,260
section 145.01 of the Revised Code, "disability benefit" means 1,261
"disability benefit" as defined in sections 3307.01 and 3309.01 1,262
of the Revised Code. 1,263
(B) To coordinate and integrate membership in the state 1,265
retirement systems, the following provisions apply: 1,266
(1) At the option of a member, total contributions and 1,268
service credit in all state retirement systems, including amounts 1,269
paid to restore service credit under sections 145.311, 3307.711, 1,271
and 3309.261 of the Revised Code, shall be used in determining 1,273
the eligibility and total retirement or disability benefit 1,274
payable. When total contributions and service credit are so 1,275
combined, the following provisions apply:
(a) Age and service retirement or disability benefits are 1,277
effective on the first day of the month immediately following the 1,278
later of: 1,279
(i) The last day for which compensation was paid; 1,281
(ii) The attainment of minimum age or service credit 1,283
eligibility for benefits provided under this section. 1,284
(b) In determining eligibility for a disability benefit, 1,286
the medical examiner's report to the retirement board of any 1,287
state retirement system, showing that the member's disability 1,288
incapacitates the member for the performance of duty, may be 1,289
accepted by the state retirement boards as sufficient for 1,291
granting a disability benefit. 1,292
(c) The state retirement system in which the member had 1,294
the greatest service credit, without adjustment, shall determine 1,295
and pay the total retirement or disability benefit. Where the 1,296
member's credit is equal in two or more state retirement systems, 1,298
the system having the largest total contributions of the member 1,299
shall determine and pay the total benefit. 1,300
(d) In determining the total credit to be used in 1,302
calculating a retirement or disability benefit, credit shall not 1,303
be reduced below that certified by the system or systems 1,304
29
transferring credit, except that such total combined service 1,305
credit shall not exceed one year of credit for any one "year" as 1,306
defined in the law of the system making the calculation. 1,307
(e) The state retirement system determining and paying a 1,309
retirement or disability benefit shall receive from the other 1,310
system or systems the member's refundable account at retirement 1,311
or the effective date of a disability benefit plus an amount from 1,313
the employers' accumulation fund equal to the member's refundable 1,314
account less interest credited under section 145.471, 145.472, or 1,315
3307.563 of the Revised Code. IF APPLICABLE, THE PUBLIC 1,316
EMPLOYEES RETIREMENT SYSTEM SHALL PAY TO THE RETIREMENT SYSTEM 1,317
DETERMINING AND PAYING THE BENEFIT A PORTION OF THE AMOUNT PAID 1,318
ON BEHALF OF THE MEMBER BY AN EMPLOYER UNDER SECTION 145.483 OF 1,319
THE REVISED CODE. THE PORTION SHALL BE PAID FROM THE EMPLOYERS' 1,320
ACCUMULATION FUND AND SHALL EQUAL THE PRODUCT OBTAINED BY 1,321
MULTIPLYING BY TWO THE AMOUNT THE MEMBER WOULD HAVE CONTRIBUTED 1,322
DURING THE PERIOD THE EMPLOYER FAILED TO DEDUCT CONTRIBUTIONS, AS 1,323
DESCRIBED IN SECTION 145.483 OF THE REVISED CODE. 1,324
(i) The annuity rates and mortality tables of the state 1,326
retirement system making the calculation and paying the benefit 1,327
shall be exclusively applicable. 1,328
(ii) Deposits made for the purpose of an additional 1,330
annuity, and including guaranteed interest, upon the request of 1,331
the member, shall be transferred to the state retirement system 1,332
paying the benefit. The return upon such deposits shall be that 1,333
offered by the state retirement system making the calculation and 1,334
paying the benefit. 1,335
(2) A former member receiving a retirement or disability 1,337
benefit under this section, who accepts employment amenable to 1,338
coverage in any state retirement system that participated in the 1,339
former member's combined benefit, shall be subject to the 1,341
applicable provisions of law governing such re-employment. If a 1,342
former member should be paid any amount in a retirement benefit, 1,343
to which the former member is not entitled under the applicable 1,345
30
provisions of law governing such re-employment, such amount shall 1,346
be recovered by the state retirement system paying such benefit 1,347
by utilizing any recovery procedure available under the code 1,348
provisions of the state retirement system covering such 1,349
re-employment.
(C) A PERS retirant or other system retirant, as defined 1,351
in section 145.38 of the Revised Code, is not eligible to receive 1,352
any benefit under this section for service subject to section 1,353
145.38 of the Revised Code. 1,354
Sec. 145.38. (A) As used in this section AND SECTION 1,363
145.384 OF THE REVISED CODE:
(1) "PERS retirant" means a former member of the public 1,365
employees retirement system who is receiving one of the 1,366
following: 1,367
(a) Age and service retirement benefits under section 1,369
145.32, 145.33, 145.331, 145.34, or 145.46 of the Revised Code; 1,370
(b) Age and service retirement benefits paid by the public 1,372
employees retirement system under section 145.37 of the Revised 1,373
Code; 1,374
(c) Any benefit paid by the system under a plan 1,376
established under section 145.81 of the Revised Code. 1,377
(2) "Other system retirant" means both of the following: 1,379
(a) A member or former member of the Ohio police and fire 1,382
pension fund, state teachers retirement system, school employees 1,383
retirement system, state highway patrol retirement system, or 1,384
Cincinnati retirement system who is receiving age and service or 1,385
commuted age and service retirement benefits or a disability 1,386
benefit from a system of which the person is a member or former 1,387
member;
(b) A member or former member of the public employees 1,389
retirement system who is receiving age and service retirement 1,390
benefits or a disability benefit under section 145.37 of the 1,391
Revised Code paid by the school employees retirement system or 1,392
the state teachers retirement system. 1,393
31
(B)(1) Subject to this section, a PERS retirant or other 1,395
system retirant may be employed by a public employer. If so 1,396
employed, the PERS retirant or other system retirant shall 1,397
contribute to the public employees retirement system in 1,398
accordance with section 145.47 of the Revised Code, and the 1,399
employer shall make contributions in accordance with section 1,400
145.48 of the Revised Code. 1,401
(2) A public employer that employs a PERS retirant or 1,403
other system retirant, or enters into a contract for services as 1,404
an independent contractor with a PERS retirant shall notify the 1,406
retirement board of the employment or contract not later than the 1,407
end of the month in which the employment or contract commences. 1,408
Any overpayment of benefits to a PERS retirant by the retirement 1,409
system resulting from delay or failure of the employer to give 1,410
the notice shall be repaid to the retirement system by the 1,411
employer.
(3) On receipt of notice from a public employer that a 1,413
person who is an other system retirant has been employed, the 1,414
retirement system shall notify the retirement system of which the 1,415
other system retirant was a member of such employment. 1,416
(4)(a) A PERS retirant who has received a retirement 1,418
allowance for less than two months when employment subject to 1,419
this section commences shall forfeit the retirement allowance for 1,420
ANY MONTH the PERS RETIRANT IS EMPLOYED PRIOR TO THE EXPIRATION 1,422
OF THE TWO-MONTH period that begins on the date the employment 1,423
commences and ends on the earlier of the date the employment 1,424
terminates or the date that is two months after the date on which 1,425
the retirement allowance commenced. Service and contributions 1,426
for that period shall not be included in calculation of any 1,427
benefits payable to the PERS retirant and those contributions 1,428
shall be refunded on the retirant's death or termination of the 1,429
employment. 1,430
(b) An other system retirant who has received a retirement 1,432
allowance or disability benefit for less than two months when 1,434
32
employment subject to this section commences shall forfeit the 1,435
retirement allowance or disability benefit for ANY MONTH the 1,436
OTHER SYSTEM RETIRANT IS EMPLOYED PRIOR TO THE EXPIRATION OF THE 1,437
TWO-MONTH period that begins on the date the employment commences 1,438
and ends on the earlier of the date the employment terminates or 1,439
the date that is two months after the date on which the 1,440
retirement allowance or disability benefit commenced. Service 1,441
and contributions for that period shall not be included in the 1,442
calculation of any benefits payable to the other system retirant 1,443
and those contributions shall be refunded on the retirant's death 1,445
or termination of the employment.
(c) CONTRIBUTIONS MADE ON COMPENSATION EARNED AFTER THE 1,447
EXPIRATION OF THE TWO-MONTH PERIOD SHALL BE USED IN THE 1,448
CALCULATION OF THE BENEFIT OR PAYMENT DUE UNDER SECTION 145.384 1,449
OF THE REVISED CODE.
(5) On receipt of notice from the Ohio police and fire 1,452
pension fund, school employees retirement system, or state 1,454
teachers retirement system of the re-employment of a PERS 1,455
retirant, the public employees retirement system shall not pay,
or if paid, shall recover, the amount to be forfeited by the PERS 1,456
retirant in accordance with section 742.26, 3307.35, or 3309.341 1,458
of the Revised Code. 1,459
(6) A PERS retirant who enters into a contract to provide 1,461
services as an independent contractor to the employer by which 1,462
the retirant was employed at the time of retirement or, less than 1,464
two months after the retirement allowance commences, begins
providing services as an independent contractor pursuant to a 1,465
contract with another public employer, shall forfeit the pension 1,466
portion of the retirement benefit for the period beginning the 1,467
first day of the month following the month in which the services 1,468
begin and ending on the first day of the month following the 1,469
month in which the services end. The annuity portion of the 1,470
retirement allowance shall be suspended on the day services under 1,471
the contract begin and shall accumulate to the credit of the 1,472
33
retirant to be paid in a single payment after services provided 1,473
under the contract terminate. A PERS retirant subject to 1,474
division (B)(6) of this section shall not contribute to the 1,475
retirement system and shall not become a member of the system. 1,476
(7) As used in this division, "employment" includes 1,478
service for which a PERS retirant or other system retirant, the 1,479
retirant's employer, or both, have waived any earnable salary for 1,480
the service.
(C) A PERS retirant who, prior to the effective date of 1,482
this amendment SEPTEMBER 14, 2000, made an election under 1,484
division (C)(1)(b) of this section as that division existed 1,485
immediately prior to the effective date of this amendment 1,486
SEPTEMBER 14, 2000, and a PERS retirant who elects under Section 1,487
6 of Am. Sub. S.B. No. 144 of the 123rd general assembly elects 1,488
GENERAL ASSEMBLY to be subject to this section is a member of the 1,490
public employees retirement system with all the rights,
privileges, and obligations of membership, except that the 1,491
membership does not include survivor benefits provided pursuant 1,492
to section 145.45 of the Revised Code or, beginning on the 1,493
ninetieth day after the effective date of this amendment 1,494
SEPTEMBER 14, 2000, any amount calculated under section 145.401 1,495
of the Revised Code. The pension portion of the PERS retirant's 1,496
retirement allowance shall be forfeited until the first day of 1,497
the first month following termination of the employment. The 1,498
annuity portion of the retirement allowance shall accumulate to 1,499
the credit of the PERS retirant to be paid in a single payment 1,501
after termination of the employment. The retirement allowance 1,502
shall resume on the first day of the first month following 1,503
termination of the employment. On termination of the employment, 1,504
the PERS retirant shall elect to receive either a refund of the 1,505
retirant's contributions to the retirement system during the 1,507
period of employment subject to this section or a supplemental 1,508
retirement allowance based on the retirant's contributions and 1,509
service credit for that period of employment.
34
(D)(1) On termination of employment under this section, an 1,512
other system retirant or a PERS retirant who is not subject to 1,513
division (C) of this section may file an application with the 1,516
public employees retirement system for a benefit under this 1,517
division. The benefit shall consist of a single life annuity
having a reserve equal to the amount of the retirant's 1,518
accumulated contributions for the period of employment, other 1,519
than the contributions excluded pursuant to division (B)(4) of 1,520
this section, and an equal amount of the employer's 1,521
contributions. The PERS retirant or other system retirant shall 1,523
elect either to receive the benefit as a monthly annuity for life 1,524
or a lump-sum payment discounted to the present value using the 1,525
current actuarial assumption rate of interest, except that if the 1,526
monthly annuity would be less than twenty-five dollars per month, 1,527
the retirant shall receive a lump-sum payment. 1,528
(2) A benefit payable under this division shall commence 1,530
on the latest of the following: 1,531
(a) The last day for which compensation for employment 1,533
subject to this section was paid; 1,534
(b) Attainment by the PERS retirant or other system 1,536
retirant of age sixty-five; 1,537
(c) If the PERS retirant or other system retirant was 1,539
previously employed under this section and is receiving or 1,540
previously received a benefit under this division, completion of 1,541
a period of twelve months since the effective date of the last 1,542
benefit under this division. 1,543
(3)(a) If a PERS retirant or other system retirant dies 1,545
while employed in employment subject to this section, a lump-sum 1,546
payment calculated in accordance with division (D)(1) of this 1,547
section shall be paid to the retirant's beneficiary under 1,548
division (G) of this section. 1,549
(b) If at the time of death a PERS retirant or other 1,551
system retirant receiving a monthly annuity has received less 1,552
than the retirant would have received as a lump-sum payment, the 1,554
35
difference between the amount received and the amount that would 1,555
have been received as a lump-sum payment shall be paid to the 1,556
retirant's beneficiary under division (G) of this section. 1,557
(4)(a) A EXCEPT AS PROVIDED IN DIVISION (C) OF THIS 1,559
SECTION, A PERS retirant or other system retirant subject to this 1,561
division SECTION is not a member of the public employees
retirement system, AND, EXCEPT AS SPECIFIED IN THIS SECTION does 1,562
not have any of the rights, privileges, or obligations of 1,564
membership, except as specified in this section, and, except. 1,565
EXCEPT as specified in division (D)(4)(b)(2) of this section, THE 1,567
RETIRANT is not eligible to receive health, medical, hospital, or 1,568
surgical benefits under section 145.58 of the Revised Code for 1,569
employment subject to this section. No amount received under 1,570
this division shall be included in determining an additional 1,571
benefit under section 145.323 of the Revised Code or any other 1,572
post-retirement benefit increase. 1,573
(b)(2) A PERS retirant subject to this division SECTION 1,576
shall receive primary health, medical, hospital, or surgical 1,577
insurance coverage from the retirant's employer, if the employer 1,578
provides coverage to other employees performing comparable work. 1,579
Neither the employer nor the PERS retirant may waive the 1,580
employer's coverage, except that the PERS retirant may waive the 1,581
employer's coverage if the retirant has coverage comparable to
that provided by the employer from a source other than the 1,582
employer or the public employees retirement system. If a claim 1,583
is made, the employer's coverage shall be the primary coverage 1,584
and shall pay first. The benefits provided under section 145.58 1,585
of the Revised Code shall pay only those medical expenses not 1,586
paid through the employer's coverage or coverage the PERS 1,587
retirant receives through a source other than the retirement 1,588
system. 1,589
(E) If the disability benefit of an other system retirant 1,591
employed under this section is terminated, the retirant shall 1,592
become a member of the public employees retirement system, 1,593
36
effective on the first day of the month next following the 1,594
termination with all the rights, privileges, and obligations of 1,595
membership. If such person, after the termination of the 1,596
disability benefit, earns two years of service credit under this 1,597
system or under the Ohio police and fire pension fund, state 1,599
teachers retirement system, school employees retirement system, 1,600
or state highway patrol retirement system, the person's prior 1,601
contributions as an other system retirant under this section 1,602
shall be included in the person's total service credit as a 1,603
public employees retirement system member, and the person shall 1,604
forfeit all rights and benefits of this section. Not more than 1,605
one year of credit may be given for any period of twelve months. 1,606
(F) A PERS retirant or other system retirant employed 1,608
under this section may designate one or more persons as 1,609
beneficiary to receive any benefits payable under this section 1,610
due to death. The designation shall be in writing duly executed 1,612
on a form provided by the public employees retirement board, 1,613
signed by the PERS retirant or other system retirant, and filed 1,615
with the board prior to death. The last designation of a 1,616
beneficiary revokes all previous designations. The PERSretirant's or other system retirant's marriage, divorce, marriage 1,617
dissolution, legal separation, withdrawal of account, birth of a 1,619
child, or adoption of a child revokes all previous designations. 1,620
If there is no designated beneficiary, the beneficiary is the 1,621
beneficiary determined under division (D) of section 145.43 of 1,622
the Revised Code. If any benefit payable under this section due 1,623
to the death of a PERS retirant or other system retirant is not 1,625
claimed by a beneficiary within five years after the death, the 1,626
amount payable shall be transferred to the income fund and 1,627
thereafter paid to the beneficiary or the estate of the PERSretirant or other system retirant on application to the board. 1,629
(G) This section does not affect the receipt of benefits 1,631
by or eligibility for benefits of any person who on August 20, 1,632
1976, was receiving a disability benefit or service retirement 1,633
37
pension or allowance from a state or municipal retirement system 1,634
in Ohio and was a member of any other state or municipal 1,635
retirement system of this state. 1,636
(H)(G) The public employees retirement board may adopt 1,638
rules to carry out this section. 1,639
Sec. 145.383. (A) As used in this section: 1,648
(1) "Compensation" has the same meaning as in section 1,650
3307.01 or 3309.01 of the Revised Code, as appropriate. 1,651
(2) "PERS position" means a position for which a member of 1,653
the public employees retirement system is making contributions to 1,654
the system. 1,655
(3) "Other state retirement system" means the state 1,657
teachers retirement system or the school employees retirement 1,658
system.
(4) "State retirement system" means the public employees 1,660
retirement system, state teachers retirement system, or the 1,661
school employees retirement system. 1,662
(B)(1) A member of the public employees retirement system 1,664
who holds two or more PERS positions may retire under section 1,665
145.32, 145.33, 145.331, 145.34, 145.37, or 145.46 of the Revised 1,667
Code from the position for which the annual earnable salary at 1,668
the time of retirement is highest and continue to contribute to 1,670
the retirement system for the other PERS position or positions. 1,671
(2) A member of the public employees retirement system who 1,673
also holds one or more other positions covered by the other state 1,674
retirement systems may retire under section 145.32, 145.33, 1,675
145.331, 145.34, 145.37, or 145.46 of the Revised Code from the 1,676
PERS position and continue contributing to the other state 1,679
retirement systems if the annual earnable salary for the PERS 1,680
position at the time of retirement is greater than annual 1,682
compensation for the position, or any of the positions, covered
by the other state retirement systems. 1,685
(3) A member of the public employees retirement system who 1,687
holds two or more PERS positions and at least one other position 1,688
38
covered by one of the other state retirement systems may retire 1,689
under section 145.32, 145.33, 145.331, 145.34, 145.37, or 145.46 1,690
of the Revised Code from one of the PERS positions and continue 1,692
contributing to the public employees retirement system and the 1,693
other state retirement system if the annual earnable salary for 1,694
the PERS position from which the member is retiring is, at the 1,695
time of retirement, greater than the annual compensation or 1,697
earnable salary for any of the positions for which the member is 1,699
continuing to make contributions.
(4) A member of the public employees retirement system who 1,701
has retired as provided in division (B)(2) or (3) of section 1,702
3307.351 or division (B)(2) or (3) of section 3309.343 of the 1,703
Revised Code may continue to contribute to the public employees 1,705
retirement system for a PERS position if the member held the 1,706
position at the time of retirement from the other state 1,707
retirement system.
(5) A member who contributes to the public employees 1,709
retirement system in accordance with division (B)(1), (3), or (4) 1,710
of this section shall contribute in accordance with section 1,711
145.47 of the Revised Code. The member's employer shall 1,712
contribute as provided in section 145.48 of the Revised Code. 1,714
Neither the member nor the member's survivors are eligible for 1,715
any benefits based on those contributions other than those 1,716
provided under this section or section 3307.351 145.384, 1,717
3307.352, or 3309.343 3309.344 of the Revised Code. 1,718
(C)(1) In determining retirement eligibility and the 1,720
annual retirement allowance of a member who retires as provided 1,721
in division (B)(1), (2), or (3) of this section, the following 1,722
shall be used to the date of retirement: 1,723
(a) The member's earnable salary and compensation for all 1,725
positions covered by a state retirement system; 1,726
(b) Total service credit in any state retirement system, 1,728
except that the credit shall not exceed one year of credit for 1,729
any period of twelve months; 1,730
39
(c) All THE MEMBER'S ACCUMULATED contributions, including 1,732
amounts paid to purchase service credit and amounts paid to 1,734
restore service credit under sections 145.311, 3307.711, and 1,735
3309.261 of the Revised Code. 1,736
(2) A member who retires as provided in division (B)(1), 1,738
(2), or (3) of this section is a retirant for all purposes of 1,739
this chapter, except that the member is not subject to section 1,740
145.38 of the Revised Code for a position or positions for which 1,741
contributions continue under those divisions or division (B)(4) 1,742
of this section. 1,743
(D) On retirement from a position for which contributions 1,745
were made under division (B)(1), (3), or (4) of this section, the 1,746
retired member is eligible for a benefit consisting of a single 1,747
life annuity having a reserve equal to the amount of the retired 1,749
member's accumulated contributions under division (B)(1), (3), or 1,750
(4) of this section plus an equal amount of the employer's 1,751
contributions. The retired member shall elect either to receive 1,752
the benefit as a monthly annuity for life or a lump-sum payment 1,753
discounted to the present value using the current actuarial 1,755
assumption rate of interest, except that if the annuity would be 1,756
less than twenty-five dollars per month, the retired member shall 1,757
receive a lump-sum payment.
A benefit payable under this division commences on the 1,759
later of the first day of the first month following the last day 1,760
for which the retired member contributed under division (B)(1), 1,761
(3), or (4) of this section or attainment by the retired member 1,762
of age sixty-five.
A retired member receiving a benefit under this division 1,764
SECTION 145.384 OF THE REVISED CODE BASED ON EMPLOYMENT SUBJECT 1,765
TO THIS SECTION is not a member of the public employees 1,766
retirement system and does not have any rights, privileges, or 1,767
obligations of membership. No amounts received under this 1,768
division shall be included in determining an increase under 1,769
section 145.323 of the Revised Code or any other post-retirement 1,770
40
benefit increase. The retired member is a PERS retirant for 1,771
purposes of section 145.38 of the Revised Code. 1,772
(E) If a member contributing toward a benefit under 1,774
division (D) of this section dies before receiving the benefit, a 1,775
lump sum calculated in accordance with that division shall be 1,776
paid to the beneficiary designated under division (F) of this 1,777
section.
If a retired member receiving a monthly annuity under 1,779
division (D) of this section dies before receiving an amount 1,780
equal to the lump-sum payment that would be paid under that 1,781
division, the difference between the amount received and the 1,782
amount that would have been paid as a lump-sum payment shall be 1,783
paid to the beneficiary designated under division (F) of this 1,784
section.
(F) A retired member may designate one or more persons as 1,786
beneficiary to receive any benefits payable under division (E) of 1,787
this section due to death. The designation shall be in writing 1,788
duly executed on a form provided by the public employees 1,790
retirement system, signed by the retired member and filed with 1,791
the board prior to death. The last designation of the 1,792
beneficiary revokes all previous designations. The retired 1,793
member's marriage, divorce, marriage termination, legal 1,794
separation, or birth or adoption of a child revokes all previous 1,795
designations. If there is no designated beneficiary, the
beneficiary is the beneficiary determined under division (D) of 1,796
section 145.43 of the Revised Code. If any benefit payable under 1,797
this section due to the death of a retired member is not claimed 1,798
by a beneficiary within five years after death, the amount 1,799
payable shall be transferred to the income fund and thereafter 1,800
paid to the beneficiary or the estate of the retired member on 1,801
application to the system. 1,802
(G) The public employees retirement board may adopt rules 1,804
to carry out this section. 1,805
Sec. 145.384. AS USED IN THIS SECTION, "PERS RETIRANT" 1,807
41
MEANS A PERS RETIRANT WHO IS NOT SUBJECT TO DIVISION (C) OF 1,808
SECTION 145.38 OF THE REVISED CODE. FOR PURPOSES OF THIS 1,809
SECTION, "PERS RETIRANT" INCLUDES A MEMBER WHO RETIRED UNDER 1,810
SECTION 145.383 OF THE REVISED CODE.
(A) AN OTHER SYSTEM RETIRANT OR PERS RETIRANT WHO HAS MADE 1,813
CONTRIBUTIONS UNDER SECTION 145.38 OR 145.383 OF THE REVISED CODE
MAY FILE AN APPLICATION WITH THE PUBLIC EMPLOYEES RETIREMENT 1,814
SYSTEM FOR A BENEFIT UNDER THIS SECTION. THE BENEFIT SHALL 1,815
CONSIST OF A SINGLE LIFE ANNUITY HAVING A RESERVE EQUAL TO THE 1,816
AMOUNT OF THE RETIRANT'S ACCUMULATED CONTRIBUTIONS FOR THE PERIOD 1,817
OF EMPLOYMENT, OTHER THAN THE CONTRIBUTIONS EXCLUDED PURSUANT TO 1,818
DIVISION (B)(4)(a) OR (b) OF SECTION 145.38 OF THE REVISED CODE, 1,819
AND AN EQUAL AMOUNT OF THE EMPLOYER'S CONTRIBUTIONS. THE PERS 1,820
RETIRANT OR OTHER SYSTEM RETIRANT SHALL ELECT EITHER TO RECEIVE 1,821
THE BENEFIT AS A MONTHLY ANNUITY FOR LIFE OR A LUMP SUM PAYMENT 1,822
DISCOUNTED TO THE PRESENT VALUE USING THE CURRENT ACTUARIAL 1,823
ASSUMPTION RATE OF INTEREST, EXCEPT THAT IF THE MONTHLY ANNUITY 1,824
WOULD BE LESS THAN TWENTY-FIVE DOLLARS PER MONTH, THE RETIRANT 1,825
SHALL RECEIVE A LUMP SUM PAYMENT. 1,826
(B) A BENEFIT PAYABLE UNDER THIS SECTION SHALL COMMENCE ON 1,829
THE LATEST OF THE FOLLOWING:
(1) THE LAST DAY FOR WHICH COMPENSATION FOR ALL EMPLOYMENT 1,831
SUBJECT TO SECTION 145.38 OR 145.383 OF THE REVISED CODE WAS 1,832
PAID;
(2) ATTAINMENT BY THE PERS RETIRANT OR OTHER SYSTEM 1,834
RETIRANT OF AGE SIXTY-FIVE; 1,835
(3) IF THE PERS RETIRANT OR OTHER SYSTEM RETIRANT WAS 1,837
PREVIOUSLY EMPLOYED UNDER SECTION 145.38 OR 145.383 OF THE 1,838
REVISED CODE AND IS RECEIVING OR PREVIOUSLY RECEIVED A BENEFIT 1,839
UNDER THIS SECTION, COMPLETION OF A PERIOD OF TWELVE MONTHS SINCE 1,840
THE EFFECTIVE DATE OF THE LAST BENEFIT UNDER THIS SECTION. 1,841
(C)(1) IF A PERS RETIRANT OR OTHER SYSTEM RETIRANT DIES 1,844
WHILE EMPLOYED IN EMPLOYMENT SUBJECT TO SECTION 145.38 OR 145.383 1,845
OF THE REVISED CODE, A LUMP SUM PAYMENT CALCULATED IN ACCORDANCE 1,846
42
WITH DIVISION (A) OF THIS SECTION SHALL BE PAID TO THE RETIRANT'S 1,847
BENEFICIARY UNDER DIVISION (D) OF THIS SECTION. 1,848
(2) IF AT THE TIME OF DEATH A PERS RETIRANT OR OTHER 1,850
SYSTEM RETIRANT RECEIVING A MONTHLY ANNUITY HAS RECEIVED LESS 1,851
THAN THE RETIRANT WOULD HAVE RECEIVED AS A LUMP SUM PAYMENT, THE 1,853
DIFFERENCE BETWEEN THE AMOUNT RECEIVED AND THE AMOUNT THAT WOULD 1,854
HAVE BEEN RECEIVED AS A LUMP SUM PAYMENT SHALL BE PAID TO THE 1,855
RETIRANT'S BENEFICIARY UNDER DIVISION (D) OF THIS SECTION. 1,856
(D) A PERS RETIRANT OR OTHER SYSTEM RETIRANT EMPLOYED 1,858
UNDER SECTION 145.38 OR 145.383 OF THE REVISED CODE MAY DESIGNATE 1,859
ONE OR MORE PERSONS AS BENEFICIARY TO RECEIVE ANY BENEFITS 1,860
PAYABLE UNDER THIS SECTION DUE TO DEATH. THE DESIGNATION SHALL 1,861
BE IN WRITING DULY EXECUTED ON A FORM PROVIDED BY THE PUBLIC 1,862
EMPLOYEES RETIREMENT BOARD, SIGNED BY THE PERS RETIRANT OR OTHER 1,863
SYSTEM RETIRANT, AND FILED WITH THE BOARD PRIOR TO DEATH. THE 1,864
LAST DESIGNATION OF A BENEFICIARY REVOKES ALL PREVIOUS 1,865
DESIGNATIONS. THE PERS RETIRANT'S OR OTHER SYSTEM RETIRANT'S 1,866
MARRIAGE, DIVORCE, MARRIAGE DISSOLUTION, LEGAL SEPARATION, 1,867
WITHDRAWAL OF ACCOUNT, BIRTH OF A CHILD, OR ADOPTION OF A CHILD 1,868
REVOKES ALL PREVIOUS DESIGNATIONS. IF THERE IS NO DESIGNATED 1,869
BENEFICIARY, THE BENEFICIARY IS THE BENEFICIARY DETERMINED UNDER 1,870
DIVISION (D) OF SECTION 145.43 OF THE REVISED CODE. IF ANY 1,871
BENEFIT PAYABLE UNDER THIS SECTION DUE TO THE DEATH OF A PERS 1,872
RETIRANT OR OTHER SYSTEM RETIRANT IS NOT CLAIMED BY A BENEFICIARY 1,873
WITHIN FIVE YEARS AFTER THE DEATH, THE AMOUNT PAYABLE SHALL BE 1,874
TRANSFERRED TO THE INCOME FUND AND THEREAFTER PAID TO THE 1,875
BENEFICIARY OR THE ESTATE OF THE PERS RETIRANT OR OTHER SYSTEM 1,876
RETIRANT ON APPLICATION TO THE BOARD.
(E) NO AMOUNT RECEIVED UNDER THIS SECTION SHALL BE 1,878
INCLUDED IN DETERMINING AN ADDITIONAL BENEFIT UNDER SECTION 1,879
145.323 OF THE REVISED CODE OR ANY OTHER POST-RETIREMENT BENEFIT 1,880
INCREASE.
Sec. 145.40. (A)(1) Subject to the provisions of section 1,889
145.57 of the Revised Code AND EXCEPT AS PROVIDED IN DIVISION (B) 1,890
43
OF THIS SECTION, if a member elects to become exempt from 1,891
contribution to the public employees retirement system pursuant 1,892
to section 145.03 of the Revised Code or ceases to be a public 1,893
employee for any cause other than death, retirement, receipt of a 1,895
disability benefit, or election of CURRENT EMPLOYMENT IN A
POSITION IN WHICH THE MEMBER HAS ELECTED TO PARTICIPATE IN an 1,896
alternative retirement plan under section 3305.05 of the Revised 1,897
Code, upon application the public employees retirement board 1,899
shall pay the member the MEMBER'S accumulated contributions 1,900
standing to the credit of the member's individual account in the 1,902
employees' savings fund, plus any principal payment and interest 1,903
on it the member may have made to purchase additional service 1,904
credit under this chapter or Section 4 of Substitute Senate Bill 1,905
138 of the 117th general assembly, and plus any applicable amount 1,906
calculated under section 145.401 of the Revised Code, provided 1,907
that all the following apply: 1,908
(a) Three months have elapsed since the member's public 1,911
service, other than service exempted from contribution pursuant 1,912
to section 145.03 of the Revised Code, was terminated; 1,913
(b) The member has not returned to public service, other 1,915
than service exempted from contribution pursuant to section 1,916
145.03 of the Revised Code, during that three-month period; 1,917
(c) The member is not a member of the school employees 1,919
retirement system or the state teachers retirement system. 1,920
The payment of such accumulated contributions shall cancel 1,922
the total service credit of such member in the public employees 1,923
retirement system. 1,924
(2) Notwithstanding division (A)(1) of this section, 1,927
division (B) of section 145.401 of the Revised Code, and the
definition of "accumulated contributions" in division (J) of 1,929
section 145.01 of the Revised Code, the accumulated contributions 1,931
paid to a member under this division for service as a sheriff,
deputy sheriff, or township constable or police officer in a 1,933
township police department or district shall not include interest 1,935
44
credited to the member's account under section 145.471 or 145.472 1,936
of the Revised Code, nor shall the member be paid any amount 1,937
calculated under section 145.401 of the Revised Code, if the 1,939
member by continuing to contribute for that service would be
eligible to retire under division (B) of section 145.33 of the 1,940
Revised Code prior to age fifty-two with no reduction in 1,942
benefits.
(3) A member described in division (A)(1) of this section 1,945
who is married at the time of application for payment and is 1,946
eligible for age and service retirement under section 145.32, 1,947
145.33, 145.331, or 145.34 of the Revised Code shall submit with 1,948
the application a written statement by the member's spouse 1,949
attesting that the spouse consents to the payment of the member's 1,950
accumulated contributions. Consent shall be valid only if it is 1,951
signed and witnessed by a notary public. 1,952
THE BOARD MAY WAIVE THE REQUIREMENT OF CONSENT IF THE 1,954
SPOUSE IS INCAPACITATED OR CANNOT BE LOCATED, OR FOR ANY OTHER 1,955
REASON SPECIFIED BY THE BOARD. CONSENT OR WAIVER IS EFFECTIVE 1,956
ONLY WITH REGARD TO THE SPOUSE WHO IS THE SUBJECT OF THE CONSENT 1,957
OR WAIVER.
(B) This division applies to any member who IS EMPLOYED IN 1,959
A POSITION IN WHICH THE MEMBER HAS MADE AN ELECTION UNDER SECTION 1,960
3305.05 OF THE REVISED CODE AND DUE TO THE ELECTION ceases to be 1,961
a public employee by electing an alternative retirement plan 1,962
pursuant to section 3305.05 of the Revised Code and is not 1,963
otherwise employed as a public employee in a position to which 1,965
the election does not apply. For purposes of this division,
"continuously employed" has the same meaning as in section 1,966
3305.01 of the Revised Code FOR PURPOSES OF THAT POSITION. 1,967
(1) Subject to section 145.57 of the Revised Code, on the 1,969
application of a member to whom this division applies who is 1,972
continuously employed, the public employees retirement board 1,973
SYSTEM shall pay the accumulated contributions standing to the 1,975
credit of the member's individual account in the employees' 1,976
45
savings fund, plus any additional amounts described in division 1,977
(A) of this section, to the entity providing the member's 1,978
alternative retirement plan for application to that plan in 1,979
accordance with any contract the member has entered into for
purposes of that plan. 1,980
(2) Subject to section 145.57 of the Revised Code, on 1,982
application of a member to whom this division applies who has 1,985
ceased to be continuously employed, the public employees 1,986
retirement board shall pay the accumulated contributions standing 1,987
to the credit of the member's individual account in the
employees' savings fund, plus any additional amounts described in 1,988
division (A) of this section, to the entity providing the 1,989
member's alternative retirement plan for application to that plan 1,990
in accordance with any contract the member has entered into for 1,991
purposes of that plan, provided that all of the following apply: 1,992
(a) At least three months have elapsed since the date on 1,994
which the member ceased to be continuously employed; 1,995
(b) The member has not been employed as a public employee 1,997
during that three-month period; 1,998
(c) Division (A)(3) of this section applies to the member. 2,001
(3) DO THE FOLLOWING: 2,003
(1) ON RECEIPT OF A CERTIFIED COPY OF A FORM EVIDENCING AN 2,005
ELECTION UNDER SECTION 3305.05 OF THE REVISED CODE, PAY TO THE 2,007
APPROPRIATE PROVIDER, IN ACCORDANCE WITH SECTION 3305.051 OF THE 2,009
REVISED CODE, THE AMOUNT DESCRIBED IN SECTION 3305.051 OF THE 2,010
REVISED CODE;
(2) IF A MEMBER HAS ACCUMULATED CONTRIBUTIONS, IN ADDITION 2,012
TO THOSE SUBJECT TO DIVISION (B)(1) OF THIS SECTION, STANDING TO 2,013
THE CREDIT OF THE MEMBER'S INDIVIDUAL ACCOUNT AND IS NOT 2,014
OTHERWISE EMPLOYED IN A POSITION IN WHICH THE MEMBER IS 2,015
CONSIDERED A PUBLIC EMPLOYEE FOR THE PURPOSES OF THAT POSITION, 2,016
PAY, TO THE PROVIDER THE MEMBER SELECTED PURSUANT TO SECTION 2,017
3305.05 OF THE REVISED CODE, THE MEMBER'S ACCUMULATED 2,018
CONTRIBUTIONS. THE PAYMENT SHALL BE MADE ON THE MEMBER'S 2,020
46
APPLICATION.
(C) Payment of a member's accumulated contributions under 2,022
this division (B) OF THIS SECTION cancels the member's total 2,024
service credit in the public employees retirement system. A 2,027
MEMBER WHOSE ACCUMULATED CONTRIBUTIONS ARE PAID TO A PROVIDER 2,029
PURSUANT TO DIVISION (B) OF THIS SECTION IS FOREVER BARRED FROM 2,030
CLAIMING OR PURCHASING SERVICE CREDIT UNDER THE PUBLIC EMPLOYEES 2,031
RETIREMENT SYSTEM FOR THE PERIOD OF EMPLOYMENT ATTRIBUTABLE TO 2,032
THOSE CONTRIBUTIONS.
Sec. 145.43. (A) As used in this section and in section 2,041
145.45 of the Revised Code: 2,042
(1) "Child" means a biological or legally adopted child of 2,045
a deceased member. If a court hearing for an interlocutory 2,046
decree for adoption was held prior to the member's death, "child" 2,047
includes the child who was the subject of the hearing
notwithstanding the fact that the final decree of adoption, 2,048
adjudging the surviving spouse as the adoptive parent, is made 2,049
subsequent to the member's death.
(2) "Parent" is a parent or legally adoptive parent of a 2,052
deceased member. 2,053
(3) "Dependent" means a beneficiary who receives one-half 2,055
of the beneficiary's support from a member during the twelve 2,056
months prior to the member's death. 2,057
(4) "Surviving spouse" means an individual who establishes 2,060
a valid marriage to a member at the time of the member's death by 2,061
marriage certificate or pursuant to division (E) of this section. 2,062
(5) "Survivor" means a surviving spouse, child, or parent. 2,065
(B) Except as provided in division (C)(1) of section 2,068
145.45 of the Revised Code, should a member die before age and 2,070
service retirement, the member's accumulated contributions, any 2,071
deposits for purchase of additional annuity, any payment the 2,073
member has made to restore previously forfeited service credit as 2,075
provided in section 145.31 of the Revised Code, and any 2,076
applicable amount calculated under section 145.401 of the Revised 2,077
47
Code, shall be paid to the person or persons the member has 2,078
designated in writing duly executed on a form provided by the 2,080
public employees retirement board, signed by the member, and 2,081
filed with the board prior to the member's death. A member may 2,082
designate two or more persons as beneficiaries jointly to be paid 2,084
the accumulated account in a lump sum. The last designation of 2,085
any beneficiary revokes all previous designations. The member's 2,086
marriage, divorce, marriage dissolution, legal separation, or 2,087
withdrawal of account, or the birth of the member's child, or 2,088
adoption of a child, shall constitute an automatic revocation of 2,090
the member's previous designation. If a deceased member was also 2,091
a member of the school employees retirement system or the state 2,092
teachers retirement system, the beneficiary last established 2,093
among the systems shall be the sole beneficiary in all the 2,094
systems.
If the accumulated contributions of a deceased member are 2,096
not claimed by a beneficiary or by the estate of the deceased 2,097
member within five years, the contributions shall be transferred 2,099
to the income fund and thereafter paid to the beneficiary or to 2,101
the member's estate upon application to the board. The board 2,102
shall formulate and adopt the necessary rules governing all 2,103
designations of beneficiaries. 2,104
(C) Except as provided in division (C)(1) of section 2,106
145.45 of the Revised Code, if a member dies before age and 2,108
service retirement and is not survived by a designated 2,109
beneficiary, any beneficiaries shall qualify in the following 2,111
order of precedence, with all attendant rights and privileges: 2,112
(1) Surviving spouse; 2,114
(2) Children share and share alike; 2,116
(3) A dependent parent of a member, if that parent takes 2,119
survivor benefits under division (B) of section 145.45 of the 2,121
Revised Code;
(4) Parents, share and share alike; 2,123
(5) Estate. 2,125
48
If the beneficiary is deceased or is not located within 2,127
ninety days, the beneficiary ceases to qualify for any benefit 2,128
and the beneficiary next in order of precedence shall qualify as 2,129
a beneficiary. 2,130
Any payment made to a beneficiary as determined by the 2,132
public employees retirement board shall be a full discharge and 2,133
release to the board from any future claims. 2,134
(D) Any amount due a retirant or disability benefit 2,136
recipient receiving a monthly benefit and unpaid to the retirant 2,138
or recipient at death shall be paid to the beneficiary designated 2,140
in writing on a form approved by the board, signed by the 2,141
retirant or recipient and filed with the board. If no such
designation has been filed, or if the designated beneficiary is 2,143
not located within ninety days, any amounts payable under this 2,145
chapter due to the death of the retirant or recipient shall be 2,147
paid in the following order of precedence to the retirant's or
recipient's: 2,148
(1) Surviving spouse; 2,150
(2) Children, share and share alike; 2,152
(3) Parents, share and share alike; 2,154
(4) Estate. 2,156
The payment shall be a full discharge and release to the 2,158
board from any future claim for the payment. 2,159
Any amount due a beneficiary receiving a monthly benefit 2,161
and unpaid to the beneficiary at the beneficiary's death shall be 2,163
paid to the beneficiary's estate. 2,164
(E) If the validity of marriage cannot be established to 2,166
the satisfaction of the retirement board for the purpose of 2,167
disbursing any amount due under this section or section 145.45 of 2,168
the Revised Code, the board may accept a decision rendered by a 2,169
court having jurisdiction in the state in which the member was 2,170
domiciled at the time of death that the relationship constituted 2,171
a valid marriage at the time of death, or the "spouse" would have 2,172
the same status as a widow or widower for purposes of sharing the 2,173
49
distribution of the member's intestate personal property. 2,174
(F) AS USED IN THIS DIVISION, "RECIPIENT" MEANS AN 2,176
INDIVIDUAL WHO IS RECEIVING OR MAY BE ELIGIBLE TO RECEIVE AN 2,177
ALLOWANCE OR BENEFIT UNDER THIS CHAPTER BASED ON THE INDIVIDUAL'S 2,178
SERVICE TO A PUBLIC EMPLOYER. 2,179
If the death of a member, A RECIPIENT, OR ANY INDIVIDUAL 2,181
WHO WOULD BE ELIGIBLE TO RECEIVE AN ALLOWANCE OR BENEFIT UNDER 2,182
THIS CHAPTER BY VIRTUE OF THE DEATH OF A MEMBER OR RECIPIENT is 2,183
caused by one of the following beneficiaries, no amount due under 2,184
this chapter to the beneficiary shall be paid to the beneficiary 2,185
in the absence of a court order to the contrary filed with the 2,186
board:
(1) A beneficiary who is convicted of, pleads guilty to, 2,188
or is found not guilty by reason of insanity of a violation of or 2,190
complicity in the violation of either of the following: 2,191
(a) Section 2903.01, 2903.02, or 2903.03 of the Revised 2,194
Code;
(b) An existing or former law of any other state, the 2,197
United States, or a foreign nation that is substantially 2,199
equivalent to section 2903.01, 2903.02, or 2903.03 of the Revised 2,201
Code.
(2) A beneficiary who is indicted for a violation of or 2,203
complicity in the violation of the sections or laws described in 2,204
division (F)(1)(a) or (b) of this section and is adjudicated 2,206
incompetent to stand trial;
(3) A beneficiary who is a juvenile found to be a 2,208
delinquent child by reason of committing an act that, if 2,209
committed by an adult, would be a violation of or complicity in 2,210
the violation of the sections or laws described in division 2,212
(F)(1)(a) or (b) of this section.
Sec. 145.45. Except as provided in division (C)(1) of this 2,222
section, in lieu of accepting the payment of the accumulated 2,223
account of a member who dies before service retirement, a 2,224
beneficiary, as determined in this section or section 145.43 of 2,225
50
the Revised Code, may elect to forfeit the accumulated 2,226
contributions and to substitute certain other benefits under 2,227
division (A) or (B) of this section.
(A) If a deceased member was eligible for a service 2,229
retirement benefit as provided in section 145.33, 145.331, or 2,230
145.34 of the Revised Code, a surviving spouse or other sole 2,231
dependent beneficiary may elect to receive a monthly benefit 2,233
computed as the joint-survivor benefit designated as "plan D" in 2,234
section 145.46 of the Revised Code, which the member would have 2,235
received had the member retired on the last day of the month of 2,236
death and had the member at that time selected such 2,238
joint-survivor plan. Payment shall begin with the month 2,240
subsequent to the member's death, except that a surviving spouse 2,241
who is less than sixty-five years old may defer receipt of such 2,242
benefit. Upon receipt, the benefit shall be calculated based 2,243
upon the spouse's age at the time of first payment, and shall 2,244
accrue regular interest during the time of deferral. 2,245
(B) If a deceased member had at least one and one-half 2,247
years of contributing service credit, with at least one-quarter 2,248
year of contributing service credit within the two and one-half 2,249
years prior to the date of death, or was receiving at the time of 2,250
death a disability benefit as provided in section 145.36, 2,251
145.361, or 145.37 of the Revised Code, qualified survivors who 2,253
elect to receive monthly benefits shall receive the greater of 2,254
the benefits provided in division (B)(1)(a) or (b) and (5)(4) of 2,256
this section as allocated in accordance with division (B)(6)(5) 2,257
of this section.
(1)(a) 2,259
Number
of Qualified Or 2,260
survivors Annual Benefit as a Per Monthly Benefit 2,261
affecting Cent of Decedent's Final shall not be 2,262
the benefit Average Salary less than 2,263
1 25% $250 2,264
51
2 40 400 2,265
3 50 500 2,266
4 55 500 2,267
5 or more 60 500 2,268
(b) Years of Annual Benefit as a Per Cent 2,272
Service of Member's Final Average 2,274
Salary 2,275
20 29% 2,277
21 33 2,278
22 37 2,279
23 41 2,280
24 45 2,281
25 48 2,282
26 51 2,283
27 54 2,284
28 57 2,285
29 or more 60 2,286
(2) The final average salary used in the calculation of a 2,289
benefit payable pursuant to this division to a qualified survivor 2,290
of a disability benefit recipient shall be adjusted for each year 2,291
between the disability benefit's effective date and the 2,292
recipient's date of death by the lesser of three per cent or the 2,293
actual average percentage increase in the consumer price index
prepared by the United States bureau of labor statistics (U.S. 2,295
city average for urban wage earners and clerical workers: "all 2,297
items 1982-84=100").
(3) Benefits shall begin as qualified survivors meet 2,299
eligibility requirements as follows: 2,300
(a) A qualified spouse is the surviving spouse of the 2,302
deceased member, who is age sixty-two, or regardless of age if 2,305
the deceased member had ten or more years of Ohio service credit, 2,307
or regardless of age if caring for a qualified child, or 2,308
regardless of age if adjudged physically or mentally incompetent. 2,310
A spouse of a member who died prior to August 27, 1970, whose 2,311
52
eligibility was determined at the member's death, and who is 2,312
physically or mentally incompetent on or after August 20, 1976, 2,313
shall be paid the monthly benefit which that person would
otherwise receive when qualified by age. 2,314
(b) A qualified child is any child of the deceased member 2,319
who has never been married and to whom one of the following 2,320
applies:
(i) Is under age eighteen, or under age twenty-two if the 2,323
child is attending an institution of learning or training
pursuant to a program designed to complete in each school year 2,324
the equivalent of at least two-thirds of the full-time curriculum 2,325
requirements of such institution and as further determined by 2,326
board policy; 2,327
(ii) Regardless of age, is adjudged physically or mentally 2,331
incompetent at the time of the member's death.
(c) A qualified parent is a dependent parent aged 2,333
sixty-five or older or regardless of age if physically or 2,335
mentally incompetent, a dependent parent whose eligibility was 2,336
determined by the member's death prior to August 20, 1976, and 2,337
who is physically or mentally incompetent on or after August 20, 2,338
1976, shall be paid the monthly benefit for which that person 2,339
would otherwise qualify.
(4)(3) "Physically or mentally incompetent" as used in 2,341
this section may be determined by a court of jurisdiction, or by 2,342
a physician appointed by the retirement board. Incapability of 2,343
making a living because of a physically or mentally disabling 2,344
condition shall meet the qualifications of this division. 2,345
(5)(4) Benefits to a qualified survivor shall terminate 2,347
upon ceasing to meet eligibility requirements as provided in this 2,348
division, a first marriage, abandonment, adoption, or during 2,349
active military service. Benefits to a deceased member's 2,350
surviving spouse that were terminated under a former version of 2,351
this section that required termination due to remarriage and were 2,352
not resumed prior to September 16, 1998, shall resume on the 2,353
53
first day of the month immediately following receipt by the board 2,354
of an application on a form provided by the board. 2,355
Upon the death of any subsequent spouse who was a member of 2,358
the public employees retirement system, state teachers retirement 2,359
system, or school employees retirement system, the surviving 2,360
spouse of such member may elect to continue receiving benefits 2,361
under this division, or to receive survivor's benefits, based 2,362
upon the subsequent spouse's membership in one or more of the 2,363
systems, for which such surviving spouse is eligible under this 2,364
section or section 3307.66 or 3309.45 of the Revised Code. If 2,365
the surviving spouse elects to continue receiving benefits under 2,367
this division, such election shall not preclude the payment of 2,368
benefits under this division to any other qualified survivor. 2,369
Benefits shall begin or resume on the first day of the 2,371
month following the attainment of eligibility and shall terminate 2,372
on the first day of the month following loss of eligibility. 2,373
(6)(5)(a) If a benefit is payable under division (B)(1)(a) 2,376
of this section, benefits to a qualified spouse shall be paid in 2,377
the amount determined for the first qualifying survivor in 2,378
division (B)(1)(a) of this section. All other qualifying 2,379
survivors shall share equally in the benefit or remaining portion 2,380
thereof. 2,381
(b) All qualifying survivors shall share equally in a 2,383
benefit payable under division (B)(1)(b) of this section, except 2,385
that if there is a surviving spouse, the surviving spouse shall 2,386
receive not less than the amount determined for the first 2,388
qualifying survivor in division (B)(1)(a) of this section. 2,389
(7)(6) The beneficiary of a member who is also a member of 2,391
the state teachers retirement system or of the school employees 2,392
retirement system, must forfeit the member's accumulated 2,393
contributions in those systems and in the public employees 2,394
retirement system, if the beneficiary takes a survivor benefit. 2,396
Such benefit shall be exclusively governed by section 145.37 of 2,397
the Revised Code.
54
(C)(1) Regardless of whether the member is survived by a 2,401
spouse or designated beneficiary, if the public employees
retirement system receives notice that a deceased member 2,402
described in division (A) or (B) of this section has one or more 2,403
qualified children, all persons who are qualified survivors under 2,405
division (B) of this section shall receive monthly benefits as 2,407
provided in division (B) of this section. 2,408
If, after determining the monthly benefits to be paid under 2,410
division (B) of this section, the system receives notice that 2,411
there is a qualified survivor who was not considered when the 2,412
determination was made, the system shall, notwithstanding section 2,413
145.561 of the Revised Code, recalculate the monthly benefits 2,415
with that qualified survivor included, even if the benefits to 2,416
qualified survivors already receiving benefits are reduced as a 2,417
result. The benefits shall be calculated as if the qualified 2,418
survivor who is the subject of the notice became eligible on the
date the notice was received and shall be paid to qualified 2,419
survivors effective on the first day of the first month following 2,420
the system's receipt of the notice. 2,421
If the retirement system did not receive notice that a 2,423
deceased member has one or more qualified children prior to 2,425
making payment under section 145.43 of the Revised Code to a 2,426
beneficiary as determined by the retirement system, the payment 2,427
is a full discharge and release of the system from any future 2,428
claims under this section or section 145.43 of the Revised Code. 2,429
(2) If benefits under division (C)(1) of this section to 2,431
all persons, or to all persons other than a surviving spouse or 2,432
other sole beneficiary, terminate, there are no children under 2,433
the age of twenty-two years, and the surviving spouse or 2,434
beneficiary qualifies for benefits under division (A) of this 2,436
section, the surviving spouse or beneficiary may elect to receive 2,437
benefits under division (A) of this section. The benefits shall 2,438
be effective on the first day of the month immediately following 2,439
the termination.
55
(D) THE FINAL AVERAGE SALARY USED IN THE CALCULATION OF A 2,441
BENEFIT PAYABLE PURSUANT TO DIVISION (A) OR (B) OF THIS SECTION 2,442
TO A SURVIVOR OR BENEFICIARY OF A DISABILITY BENEFIT RECIPIENT 2,444
SHALL BE ADJUSTED FOR EACH YEAR BETWEEN THE DISABILITY BENEFIT'S
EFFECTIVE DATE AND THE RECIPIENT'S DATE OF DEATH BY THE LESSER OF 2,445
THREE PER CENT OR THE ACTUAL AVERAGE PERCENTAGE INCREASE IN THE 2,446
CONSUMER PRICE INDEX PREPARED BY THE UNITED STATES BUREAU OF 2,447
LABOR STATISTICS (U.S. CITY AVERAGE FOR URBAN WAGE EARNERS AND 2,449
CLERICAL WORKERS: "ALL ITEMS 1982-84=100").
(E) If the survivor benefits due and paid under this 2,451
section are in a total amount less than the member's accumulated 2,452
account that was transferred from the public employees' savings 2,453
fund to the survivors' benefit fund, then the difference between 2,454
the total amount of the benefits paid shall be paid to the 2,455
beneficiary under section 145.43 of the Revised Code. 2,456
Sec. 145.452. Upon the death of a member prior to receipt 2,465
of a disability benefit or service retirement, the surviving 2,466
spouse or dependents of the deceased member shall have the right 2,467
to purchase any service credit the member, had the member not 2,468
died, would have been eligible to purchase under this chapter 2,469
upon the same terms and conditions that the deceased member could 2,471
have purchased such service credit had the member not died. Any 2,473
service credit purchased under this section shall be applied
under the provisions of this chapter in the same manner as it 2,476
would have been applied had it been purchased by the deceased
member during the deceased member's lifetime. 2,477
Sec. 145.473. (A) Except as provided in division (C) of 2,486
this section, the rate of interest credited to individual 2,487
accounts of contributors under sections 145.471 and 145.472 of 2,488
the Revised Code shall be as follows: 2,490
(1) Four per cent per annum, compounded annually, to and 2,492
including December 31, 1955; 2,493
(2) Three per cent per annum, compounded annually, from 2,495
January 1, 1956, to and including December 31, 1963; 2,497
56
(3) Three and one-quarter per cent per annum, compounded 2,499
annually, from January 1, 1964, to and including December 31, 2,501
1969;
(4) Four per cent per annum, compounded annually, from 2,503
January 1, 1970, to and including the day before the effective 2,504
date of this section DECEMBER 13, 2000; 2,505
(5) An amount determined by the public employees 2,507
retirement board that is not greater than six per cent per annum, 2,508
compounded annually, on and after the effective date of this 2,509
section DECEMBER 13, 2000. 2,510
(B) Except as provided in division (C) of this section, 2,512
for the purpose of determining the reserve value of a 2,513
contributor's annuity, the rate of interest shall be as follows: 2,514
(1) Four per cent per annum, compounded annually, for 2,516
contributors retiring before October 1, 1956; 2,517
(2) Three per cent per annum, compounded annually, for 2,519
contributors retiring on or after October 1, 1956, but before 2,520
January 1, 1964; 2,521
(3) Three and one-quarter per cent per annum, compounded 2,523
annually, for contributors retiring on or after January 1, 1964, 2,524
but before January 1, 1970; 2,525
(4) Four per cent per annum, compounded annually, for 2,527
contributors retiring on or after January 1, 1970, but before the 2,529
effective date of this section DECEMBER 13, 2000; 2,530
(5) An amount determined by the board based on the 2,532
recommendation of the board's actuary, compounded annually, for 2,533
contributors retiring on or after the effective date of this 2,534
section DECEMBER 13, 2000. 2,535
(C) For a PERS retirant who makes an election under IS NOT 2,538
SUBJECT TO division (C)(1)(a) of section 145.38 of the Revised 2,539
Code or an other system retirant, as those terms are defined in 2,540
section 145.38 of the Revised Code, OR A MEMBER OF THE PUBLIC 2,541
EMPLOYEES RETIREMENT SYSTEM WHO RETIRES IN ACCORDANCE WITH
SECTION 145.383 OF THE REVISED CODE, the rate of interest shall 2,543
57
be the current actuarial assumption rate of interest, as
determined by the board's actuary, for the purposes described in 2,545
divisions (A) and (B) of this section.
Sec. 145.49. Notwithstanding section 145.47 this chapter 2,556
OF THE REVISED CODE, the public employees retirement system shall 2,557
be authorized to calculate the employee contribution rates 2,558
separately for those public employees contributing toward 2,560
benefits under division (B), (C), or (D) of section 145.33 of the 2,562
Revised Code, other than those employees contributing toward
benefits under division (B)(2)(b) of that section. Each public 2,564
employee contributing toward benefits under division (B)(2)(b) of 2,565
section 145.33 of the Revised Code shall contribute ten TO THE 2,566
EMPLOYEES' SAVINGS FUND THE SUM OF ONE and one-tenth per cent of 2,567
the employee's earnable salary to the employees' savings fund AND 2,569
THE EMPLOYEE CONTRIBUTION RATE CALCULATED FOR EMPLOYEES
CONTRIBUTING TOWARD BENEFITS UNDER DIVISION (B)(2)(a) OF SECTION 2,570
145.33 OF THE REVISED CODE, notwithstanding section 145.47 of the 2,572
Revised Code.
Notwithstanding section 145.48 of the Revised Code, the 2,574
public employees retirement system shall be authorized to 2,575
calculate the employer contribution rates separately for those 2,576
public employees contributing toward benefits under division (B), 2,577
(C), or (D) of section 145.33 of the Revised Code, except that 2,578
the employer contribution rate shall not exceed eighteen and 2,579
one-tenth per cent of the earnable salaries of those employees. 2,580
Sec. 145.56. The right of a person AN INDIVIDUAL to a 2,589
pension, an annuity, or a retirement allowance itself, THE RIGHT 2,591
OF AN INDIVIDUAL TO any optional benefit, any other right accrued 2,593
or accruing to any person INDIVIDUAL, under this chapter, or of 2,595
UNDER any municipal retirement system established subject to this 2,596
chapter, under the laws of this state or any charter, the various 2,598
funds created by this chapter, or under such municipal retirement 2,600
system, and all moneys and, investments, and income thereof, FROM 2,602
MONEYS OR INVESTMENTS are exempt from any state tax, except the 2,603
58
tax imposed by section 5747.02 of the Revised Code and are exempt 2,605
from any county, municipal, or other local tax, except taxes 2,606
imposed pursuant to section 5748.02 or 5748.08 of the Revised 2,607
Code and, except as provided in sections 145.57, 3105.171, 2,609
3105.65, 3111.23, and 3113.21, AND 3115.32 of the Revised Code, 2,611
shall not be subject to execution, garnishment, attachment, the 2,612
operation of bankruptcy or the insolvency laws, or other process 2,613
of law WHATSOEVER, and shall be unassignable except as
specifically provided in this chapter and sections 3105.171, 2,614
3105.65, 3111.23 and, 3113.21, AND 3115.32 of the Revised Code. 2,616
Sec. 145.563. If THE PERSON WHO IS a member, former 2,625
member, contributor, former contributor, retirant, or 2,627
beneficiary, OR ALTERNATE PAYEE, AS DEFINED IN SECTION 3105.80 OF 2,628
THE REVISED CODE, is paid any benefit OR PAYMENT by the public 2,629
employees retirement system to which such a THE person is not 2,631
entitled, the benefit shall be repaid to the retirement system by 2,634
the person. If the person fails to make the repayment, the 2,635
retirement system shall withhold the amount due from any benefit 2,636
due the person or the person's beneficiary under this chapter, or 2,638
may collect the amount in any other manner provided by law. 2,639
Sec. 145.571. (A) AS USED IN THIS SECTION, "ALTERNATE 2,641
PAYEE," "BENEFIT," "LUMP SUM PAYMENT," "PARTICIPANT," AND "PUBLIC 2,643
RETIREMENT PROGRAM" HAVE THE SAME MEANINGS AS IN SECTION 3105.80 2,644
OF THE REVISED CODE.
(B) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.171 2,646
OR 3105.65 OF THE REVISED CODE, THE PUBLIC EMPLOYEES RETIREMENT 2,647
SYSTEM SHALL DETERMINE WHETHER THE ORDER MEETS THE REQUIREMENTS 2,649
OF SECTIONS 3105.80 TO 3105.90 OF THE REVISED CODE. THE SYSTEM 2,650
SHALL RETAIN IN THE PARTICIPANT'S RECORD AN ORDER THE SYSTEM 2,651
DETERMINES MEETS THE REQUIREMENTS. NOT LATER THAN SIXTY DAYS 2,652
AFTER RECEIPT, THE SYSTEM SHALL RETURN TO THE COURT THAT ISSUED 2,653
THE ORDER ANY ORDER THE SYSTEM DETERMINES DOES NOT MEET THE 2,654
REQUIREMENTS.
(C) THE SYSTEM SHALL COMPLY WITH AN ORDER RETAINED UNDER 2,657
59
DIVISION (B) OF THIS SECTION AT THE FOLLOWING TIMES AS
APPROPRIATE: 2,658
(1) IF THE PARTICIPANT HAS APPLIED FOR OR IS RECEIVING A 2,660
BENEFIT OR HAS APPLIED FOR BUT NOT YET RECEIVED A LUMP SUM 2,661
PAYMENT, AS SOON AS PRACTICABLE; 2,662
(2) IF THE PARTICIPANT HAS NOT APPLIED FOR A BENEFIT OR 2,665
LUMP SUM PAYMENT, ON APPLICATION BY THE PARTICIPANT FOR A BENEFIT 2,666
OR LUMP SUM PAYMENT. 2,667
(D) IF THE SYSTEM TRANSFERS A PARTICIPANT'S SERVICE CREDIT 2,670
OR CONTRIBUTIONS MADE BY OR ON BEHALF OF A PARTICIPANT TO A 2,671
PUBLIC RETIREMENT PROGRAM THAT IS NOT NAMED IN THE ORDER, THE 2,673
SYSTEM SHALL DO BOTH OF THE FOLLOWING:
(1) NOTIFY THE COURT THAT ISSUED THE ORDER BY SENDING THE 2,676
COURT A COPY OF THE ORDER AND THE NAME AND ADDRESS OF THE PUBLIC 2,677
RETIREMENT PROGRAM TO WHICH THE TRANSFER WAS MADE; 2,678
(2) SEND A COPY OF THE ORDER TO THE PUBLIC RETIREMENT 2,680
PROGRAM TO WHICH THE TRANSFER WAS MADE. 2,681
(E) IF IT RECEIVES A PARTICIPANT'S SERVICE CREDIT OR 2,683
CONTRIBUTIONS AND A COPY OF AN ORDER AS PROVIDED IN DIVISION (D) 2,685
OF THIS SECTION, THE SYSTEM SHALL ADMINISTER THE ORDER AS IF IT 2,686
WERE THE PUBLIC RETIREMENT PROGRAM NAMED IN THE ORDER. 2,687
(F) IF A PARTICIPANT'S BENEFIT OR LUMP SUM PAYMENT IS OR 2,690
WILL BE SUBJECT TO MORE THAN ONE ORDER DESCRIBED IN SECTION 2,691
3105.81 OF THE REVISED CODE OR TO AN ORDER DESCRIBED IN SECTION 2,692
3105.81 OF THE REVISED CODE AND A WITHHOLDING ORDER UNDER SECTION 2,693
3111.23 OR 3113.21 OF THE REVISED CODE, THE SYSTEM SHALL, AFTER 2,696
DETERMINING THAT THE AMOUNTS THAT ARE OR WILL BE WITHHELD WILL 2,697
CAUSE THE BENEFIT OR LUMP SUM PAYMENT TO FALL BELOW THE LIMITS 2,698
DESCRIBED IN SECTION 3105.85 OF THE REVISED CODE, DO ALL OF THE 2,699
FOLLOWING: 2,700
(1) ESTABLISH, IN ACCORDANCE WITH DIVISION (G) OF THIS 2,702
SECTION AND SUBJECT TO THE LIMITS DESCRIBED IN SECTION 3105.85 OF 2,704
THE REVISED CODE, THE PRIORITY IN WHICH THE ORDERS ARE OR WILL BE 2,706
PAID BY THE SYSTEM;
60
(2) REDUCE THE AMOUNT PAID TO AN ALTERNATE PAYEE BASED ON 2,708
THE PRIORITY ESTABLISHED UNDER DIVISION (F)(1) OF THIS SECTION; 2,709
(3) NOTIFY, BY REGULAR MAIL, A PARTICIPANT AND ALTERNATE 2,712
PAYEE OF ANY ACTION TAKEN UNDER THIS DIVISION. 2,713
(G) A WITHHOLDING OR DEDUCTION NOTICE ISSUED UNDER SECTION 2,715
3111.23 OR 3113.21 OF THE REVISED CODE OR AN ORDER DESCRIBED IN 2,716
SECTION 3115.32 OF THE REVISED CODE HAS PRIORITY OVER ALL OTHER 2,717
ORDERS AND SHALL BE COMPLIED WITH IN ACCORDANCE WITH CHILD 2,718
SUPPORT ENFORCEMENT LAWS. ALL OTHER ORDERS ARE ENTITLED TO
PRIORITY IN ORDER OF EARLIEST RETENTION BY THE SYSTEM. THE 2,719
SYSTEM IS NOT TO RETAIN AN ORDER THAT PROVIDES FOR THE DIVISION 2,720
OF PROPERTY UNLESS THE ORDER IS FILED IN A COURT WITH 2,721
JURISDICTION IN THIS STATE.
(H) THE SYSTEM IS NOT LIABLE IN CIVIL DAMAGES FOR LOSS 2,723
RESULTING FROM ANY ACTION OR FAILURE TO ACT IN COMPLIANCE WITH 2,724
THIS SECTION.
Sec. 145.58. (A) As used in this section, "ineligible 2,733
individual" means all of the following: 2,734
(1) A former member receiving benefits pursuant to section 2,736
145.32, 145.33, 145.331, 145.34, or 145.46 of the Revised Code 2,737
for whom eligibility is established more than five years after 2,738
June 13, 1981, and who, at the time of establishing eligibility, 2,739
has accrued less than ten years' service credit, exclusive of 2,740
credit obtained pursuant to section 145.297 or 145.298 of the 2,741
Revised Code, credit obtained after January 29, 1981, pursuant to 2,742
section 145.293 or 145.301 of the Revised Code, and credit 2,743
obtained after May 4, 1992, pursuant to section 145.28 of the 2,744
Revised Code; 2,745
(2) The spouse of the former member; 2,747
(3) The beneficiary of the former member receiving 2,749
benefits pursuant to section 145.46 of the Revised Code. 2,750
(B) The public employees retirement board may enter into 2,752
agreements with insurance companies, health insuring 2,754
corporations, or government agencies authorized to do business in 2,756
61
the state for issuance of a policy or contract of health, 2,757
medical, hospital, or surgical benefits, or any combination 2,758
thereof, for those individuals receiving age and service 2,760
retirement or a disability or survivor benefit subscribing to the 2,761
plan, or for PERS retirants employed under section 145.38 of the 2,762
Revised Code, for coverage of benefits in accordance with 2,763
division (D)(4)(b) (2) of section 145.38 of the Revised Code. 2,765
Notwithstanding any other provision of this chapter, the policy 2,766
or contract may also include coverage for any eligible
individual's spouse and dependent children and for any of the 2,768
individual's sponsored dependents as the board determines 2,769
appropriate. If all or any portion of the policy or contract 2,770
premium is to be paid by any individual receiving age and service 2,771
retirement or a disability or survivor benefit, the individual 2,773
shall, by written authorization, instruct the board to deduct the 2,775
premium agreed to be paid by the individual to the company, 2,777
corporation, or agency.
The board may contract for coverage on the basis of part or 2,780
all of the cost of the coverage to be paid from appropriate funds 2,781
of the public employees retirement system. The cost paid from 2,782
the funds of the system shall be included in the employer's 2,784
contribution rate provided by sections 145.48 and 145.51 of the 2,785
Revised Code. The board may by rule provide coverage to 2,786
ineligible individuals if the coverage is provided at no cost to 2,787
the retirement system. The board shall not pay or reimburse the 2,788
cost for coverage under this section or section 145.325 of the 2,789
Revised Code for any ineligible individual.
The board may provide for self-insurance of risk or level 2,791
of risk as set forth in the contract with the companies, 2,792
corporations, or agencies, and may provide through the 2,793
self-insurance method specific benefits as authorized by rules of 2,794
the board. 2,795
(C) If the board provides health, medical, hospital, or 2,797
surgical benefits through any means other than a health insuring 2,799
62
corporation, it shall offer to each individual eligible for the 2,802
benefits the alternative of receiving benefits through enrollment 2,804
in a health insuring corporation, if all of the following apply: 2,806
(1) The health insuring corporation provides services in 2,810
the geographical area in which the individual lives; 2,811
(2) The eligible individual was receiving health care 2,813
benefits through a health maintenance organization or a health 2,815
insuring corporation before retirement; 2,816
(3) The rate and coverage provided by the health insuring 2,819
corporation to eligible individuals is comparable to that 2,822
currently provided by the board under division (B) of this
section. If the rate or coverage provided by the health insuring 2,824
corporation is not comparable to that currently provided by the 2,826
board under division (B) of this section, the board may deduct 2,827
the additional cost from the eligible individual's monthly 2,828
benefit.
The health insuring corporation shall accept as an enrollee 2,832
any eligible individual who requests enrollment.
The board shall permit each eligible individual to change 2,834
from one plan to another at least once a year at a time 2,836
determined by the board. 2,837
(D) The board shall, beginning the month following receipt 2,839
of satisfactory evidence of the payment for coverage, pay monthly 2,840
to each recipient of service retirement, or a disability or 2,841
survivor benefit under the public employees retirement system who 2,842
is eligible for medical insurance coverage under part B of Title 2,843
XVIII of "The Social Security Act," 79 Stat. 301 (1965), 42 2,844
U.S.C.A. 1395j, as amended, an amount equal to the basic premium 2,845
for such coverage, except that the board shall make no such 2,847
payment to any ineligible individual.
(E) The board shall establish by rule requirements for the 2,849
coordination of any coverage, payment, or benefit provided under 2,851
this section or section 145.325 of the Revised Code with any 2,852
similar coverage, payment, or benefit made available to the same 2,854
63
individual by the Ohio police and fire pension fund, state 2,856
teachers retirement system, school employees retirement system,
or state highway patrol retirement system. 2,857
(F) The board shall make all other necessary rules 2,861
pursuant to the purpose and intent of this section.
Sec. 148.01. (A) As used in this chapter: 2,870
(1) "Eligible employee" means any public employee, as 2,872
defined in division (A) of section 145.01 of the Revised Code,; 2,873
any person eligible to become a member of the public employees 2,874
retirement system under section 145.20 of the Revised Code,; any 2,875
employee, as defined in division (C) of section 742.01, division 2,876
(B) of section 3309.01, or division (A) of section 5505.01 of the 2,877
Revised Code,; ANY ELECTING EMPLOYEE, AS DEFINED IN SECTION 2,878
3305.01 OF THE REVISED CODE; and any member of the state teachers 2,879
retirement system. 2,880
(2) "Participant account" means any of the following 2,882
accounts: 2,883
(a) An account that is maintained by the Ohio public 2,885
employees deferred compensation board and that evidences moneys 2,886
that have been deferred by a continuing member or participating 2,887
employee and transmitted to the board by the retirement system of 2,888
the continuing member or participating employee; 2,889
(b) An account that is maintained by the governing board, 2,891
administrator, depository, or trustee of a deferred compensation 2,892
program of a municipal corporation and that evidences moneys that 2,893
have been deferred by an officer or employee of that municipal 2,894
corporation and transmitted to the governing board, 2,895
administrator, depository, or trustee by the retirement system of 2,896
the officer or employee or in another manner; 2,897
(c) An account that is maintained by a governing board, as 2,899
defined in section 148.06 of the Revised Code, and that evidences 2,901
moneys that have been deferred by an officer or employee of a 2,902
government unit, as defined in that section, and transmitted to 2,903
the governing board by the retirement system of the officer or 2,904
64
employee or in another manner. 2,905
(3) "Participating employee" means any eligible employee 2,907
who is having compensation deferred pursuant to a contract that 2,908
is executed before the compensation is earned and that is with 2,909
the eligible employee's employer and the Ohio public employees 2,911
deferred compensation board. 2,912
(4) "Continuing member" means any former participating 2,914
employee who is not currently having compensation deferred, or 2,915
the former participating employee's beneficiary, to whom payment 2,917
has not been made of all deferred compensation distributions. 2,918
(B) Notwithstanding section 145.01 of the Revised Code, 2,920
the definitions of that section are applicable to this chapter 2,921
only to any extent necessary to fully understand the provisions 2,924
of this chapter. Reference may also be had to Chapters 742., 2,926
3305., 3307., 3309., and 5505. of the Revised Code for that 2,927
purpose.
Sec. 171.07. THE OHIO RETIREMENT STUDY COUNCIL SHALL CAUSE 2,930
AN INDEPENDENT ACTUARIAL STUDY TO BE COMPLETED AND SUBMITTED TO 2,931
THE OHIO BOARD OF REGENTS BY JULY 1, 2002, AND BY THE FIRST DAY 2,933
OF JULY OF EVERY THIRD YEAR THEREAFTER. THE STUDY SHALL 2,934
DETERMINE ANY NECESSARY ADJUSTMENTS IN CONTRIBUTIONS UNDER 2,937
SECTION 3305.06 OF THE REVISED CODE TO REFLECT ANY CHANGES IN THE 2,939
LEVEL OF THE NEGATIVE FINANCIAL IMPACT ON THE PUBLIC EMPLOYEES 2,940
RETIREMENT SYSTEM, STATE TEACHERS RETIREMENT SYSTEM, AND SCHOOL
EMPLOYEES RETIREMENT SYSTEM RESULTING FROM THE ESTABLISHMENT OF 2,942
THE ALTERNATIVE RETIREMENT PROGRAM.
Sec. 742.041. NOTWITHSTANDING SECTIONS 742.03 AND 742.04 2,944
OF THE REVISED CODE, THE BOARD OF TRUSTEES OF THE OHIO POLICE AND 2,946
FIRE PENSION FUND IS NOT REQUIRED TO HOLD AN ELECTION FOR A 2,947
POSITION ON THE BOARD AS AN EMPLOYEE MEMBER, POLICE RETIRANT 2,948
MEMBER, OR FIREFIGHTER RETIRANT MEMBER IF ONLY ONE CANDIDATE HAS 2,950
BEEN NOMINATED FOR THE POSITION BY PETITION IN ACCORDANCE WITH 2,951
SECTION 742.04 OF THE REVISED CODE. THE CANDIDATE SHALL TAKE 2,952
OFFICE AS IF ELECTED. THE TERM OF OFFICE SHALL BE FOUR YEARS 2,954
65
BEGINNING ON THE FIRST MONDAY IN JUNE FOLLOWING THE DATE THE 2,955
CANDIDATE WAS NOMINATED.
Sec. 742.379 742.21. (A) As used in this section AND 2,964
SECTIONS 742.211 TO 742.213 OF THE REVISED CODE: 2,965
(1) "Full-time service" has the meaning established by 2,967
rule of the board of trustees of the Ohio police and fire pension 2,969
fund.
(2) "Qualified contributions MILITARY SERVICE CREDIT" 2,972
means contributions to the CREDIT FOR SERVICE IN THE ARMED FORCES 2,974
OF THE UNITED STATES PURCHASED OR OBTAINED FROM THE FUND, OR FROM 2,975
THE CINCINNATI RETIREMENT SYSTEM, public employees retirement 2,977
system, school employees retirement system, or state teachers 2,978
retirement system attributable to full-time service or purchase 2,979
of credit for service in the armed forces of the United States. 2,980
(B) In UNLESS SECTION 742.212 OF THE REVISED CODE APPLIES 2,982
AND EXCEPT AS PROVIDED IN DIVISION (I) OF THIS SECTION, IN 2,983
computing the pension and benefits payable under section 742.37 2,985
or 742.39 of the Revised Code, the Ohio police and fire pension 2,986
fund shall give a member of the fund who is in the active service 2,987
of a police or fire department and is not receiving a pension or 2,988
benefit payment from the fund full credit for service credit 2,989
earned for full-time service as a member of the Cincinnati 2,990
retirement system or purchased from the retirement system for OR 2,991
OBTAINED AS MILITARY service in the armed forces of the United 2,994
States CREDIT if, for each year of service credit, the fund 2,995
receives the sum of the following: 2,996
(1) An amount, which shall be paid by the member, equal to 2,998
the amount withdrawn by the member from the retirement system 3,000
that is attributable to the year of service credit, with interest 3,001
AT A RATE ESTABLISHED BY THE BOARD on that amount from the date 3,003
of withdrawal to the date of payment; 3,004
(2) Interest, which shall be paid either by the member or 3,007
the retirement system, on the amount withdrawn by the member from 3,008
the retirement system that is attributable to the year of service
66
from the last day of the year for which the service credit was 3,009
earned or in which PAYMENT WAS MADE FOR military service credit 3,010
was purchased or obtained to the date the withdrawal was made; 3,011
(3) An amount, which shall be paid by either the member or 3,014
the retirement system, equal to the lesser of the amount
contributed by the employer to the retirement system for the year 3,016
of service or the amount that would have been contributed by the 3,017
employer for the year of service had the member been employed by
the member's current employer as a member of a police or fire 3,019
department AT THE TIME THE CREDIT WAS EARNED, with interest on 3,021
that amount from the last day of the year for which the service 3,022
credit was earned or in which PAYMENT WAS MADE FOR military 3,023
service was purchased or obtained CREDIT to the date the payment 3,024
is made;
(4) If the member became a member of the fund on or after 3,026
September 16, 1998, the amount, which shall be paid by the 3,029
member, determined pursuant to division (I) of this section. 3,030
Interest shall be determined in accordance with division 3,032
(H) of this section. 3,033
(C) In (1) EXCEPT AS PROVIDED IN DIVISION (I) OF THIS 3,035
SECTION, IN computing the pension and benefits payable under 3,038
section 742.37 or 742.39 of the Revised Code, the fund shall give 3,039
a member of the fund who is in the active service of a police or 3,041
fire department, is not receiving a pension or benefit payment 3,042
from the fund, and has withdrawn the member's contributions from 3,043
the public employees retirement system, school employees 3,044
retirement system, or state teachers retirement system full 3,045
credit for service credit earned for full-time service as a 3,046
member of the public employees retirement system, school 3,047
employees retirement system, or state teachers retirement system 3,048
or purchased from one of those retirement systems for OR OBTAINED 3,049
AS MILITARY service in the armed forces of the United States 3,050
CREDIT if, for each year of service, the fund receives the sum of 3,051
the following:
67
(1)(a) An amount, which shall be paid by the member, equal 3,053
to the amount withdrawn by the member from the former retirement 3,056
system that is attributable to that year of service credit, with 3,057
interest AT A RATE ESTABLISHED BY THE BOARD on that amount from 3,058
the date of withdrawal to the date of payment;
(2)(b) IF THE MEMBER IS SEEKING CREDIT FOR SERVICE UNDER 3,061
THE PUBLIC EMPLOYEES RETIREMENT SYSTEM, AN AMOUNT, WHICH SHALL BE 3,063
PAID BY THE MEMBER, EQUAL TO THE AMOUNT OF ANY EMPLOYER
CONTRIBUTIONS AND INTEREST ON EMPLOYEE CONTRIBUTIONS THE MEMBER 3,065
RECEIVED UNDER SECTION 145.40 OF THE REVISED CODE; 3,066
(c) Interest, which shall be transferred by the former 3,069
retirement system, on the amount withdrawn by the member from the 3,070
retirement system that is attributable to the year of service
from the last day of the year for which the service credit was 3,071
earned or in which PAYMENT WAS MADE FOR military service credit 3,072
was purchased or obtained to the date the withdrawal was made; 3,074
(3)(d) An amount, which shall be transferred by the former 3,077
retirement system, equal to the lesser of the amount contributed 3,078
by the employer to the retirement system for the year of service 3,079
or the amount that would have been contributed by the employer 3,080
for the year of service had the member been employed by the 3,081
member's current employer as a member of a police or fire 3,082
department AT THE TIME THE CREDIT WAS EARNED, with interest on
the amount transferred from the last day of the year for which 3,085
the service credit was earned or in which PAYMENT WAS MADE FOR 3,086
military service credit was purchased or obtained to the date the 3,087
transfer is made;
(4)(e) If the member became a member of the fund on or 3,089
after September 16, 1998, the amount, which shall be paid by the 3,092
member, determined pursuant to division (I) of this section. 3,093
(2) On receipt of payment from the member, the fund shall 3,095
notify the former retirement system, and on receipt of the 3,096
notice, the retirement system shall make the transfer. Interest 3,097
shall be determined in accordance with division (H) of this 3,099
68
section.
(3) THE AMOUNT TRANSFERRED UNDER DIVISION (C)(1) OF THIS 3,102
SECTION BY THE PUBLIC EMPLOYEES RETIREMENT SYSTEM SHALL NOT 3,103
INCLUDE ANY AMOUNT OF EMPLOYER CONTRIBUTIONS AND INTEREST ON 3,104
EMPLOYEE CONTRIBUTIONS THE MEMBER RECEIVED UNDER SECTION 145.40 3,105
OF THE REVISED CODE. 3,106
(D) In EXCEPT AS PROVIDED IN DIVISION (I) OF THIS SECTION, 3,108
IN computing the pension and benefits payable under section 3,110
742.37 or 742.39 of the Revised Code, the fund shall give a 3,111
member of the fund who is in the active service of a police or 3,112
fire department, is not receiving a pension or benefit from the 3,113
fund, and has contributions on deposit with the public employees 3,114
retirement system, school employees retirement system, or state 3,115
teachers retirement system full credit for service credit earned 3,116
for full-time service as a member of one of those retirement 3,117
systems, any SERVICE CREDIT PURCHASED OR OBTAINED AS MILITARY 3,118
service credit purchased from one of the retirement systems for 3,120
service in the armed forces of the United States, and any service 3,122
credit obtained under section 145.295, 3307.761, or 3309.381 3,123
3309.73 of the Revised Code for service for which contributions 3,124
were made to the state highway patrol retirement system. The 3,125
credit shall be given if both of the following occur: 3,126
(1) The retirement system transfers to the fund, for each 3,129
year of service, the sum of the following: 3,130
(a) An THE amount equal to the member's qualified 3,133
contributions, CONTRIBUTED BY THE MEMBER OR, IN THE CASE OF 3,134
MILITARY SERVICE CREDIT, PAID BY THE MEMBER, THAT IS ATTRIBUTABLE 3,135
TO THAT SERVICE;
(b) An amount equal to the lesser of the employer's 3,138
qualified contributions AMOUNT CONTRIBUTED BY THE EMPLOYER to the 3,139
retirement system FOR THE YEAR OF SERVICE or the amount that 3,140
would have been contributed by the employer for the full-time 3,142
YEAR OF service had the member been employed by the member's 3,144
current employer as a member of a police or fire department AT 3,145
69
THE TIME THE CREDIT WAS EARNED;
(c) An amount equal to any amount received by the 3,147
retirement system under section 145.295, 3307.761, or 3309.351 3,148
3309.73 of the Revised Code; 3,149
(d) Interest on the amounts specified in divisions 3,151
(D)(1)(a), (b), and (c) of this section from the last day of the 3,154
year for which the service credit in the transferring retirement
system was earned or in which PAYMENT WAS MADE FOR military 3,156
service credit or credit under section 145.295, 3307.761, or
3309.351 3309.73 of the Revised Code was purchased or obtained to 3,158
the date the transfer is made. 3,159
(2) If the member became a member of the fund on or after 3,162
September 16, 1998, the member pays the amount determined 3,164
pursuant to division (I) of this section. 3,165
On receipt of a request from the member, the appropriate 3,168
retirement system shall make the transfer specified in division 3,169
(D)(1) of this section. Interest shall be determined in 3,170
accordance with division (H) of this section. 3,171
(E) Subject to board rules, a member of the fund may 3,173
choose to purchase in any one payment only part of the credit the 3,174
member is eligible to purchase under division (B) or (C)(1) of 3,176
this section. 3,177
(F) At the request of the fund, the public employees 3,179
retirement system, school employees retirement system, state 3,180
teachers retirement system, or Cincinnati retirement system shall 3,181
certify to the fund a copy of the records of the service and 3,183
contributions of a member of the fund who seeks service credit 3,184
under this section. 3,185
(G) A member of the fund is ineligible to receive credit 3,188
under this section for service that is used in the calculation of 3,189
any retirement benefit currently being paid or payable in the 3,190
future to the member, or service rendered concurrently with any 3,191
other period for which service credit has already been granted. 3,192
(H) Interest charged under this section shall be 3,195
70
calculated separately for each year of service credit. UNLESS 3,196
OTHERWISE SPECIFIED IN THIS SECTION, IT SHALL BE CALCULATED at 3,197
the lesser of the actuarial assumption rate for that year of the 3,198
fund or of the retirement system in which the credit was earned. 3,199
The interest shall be compounded annually. 3,200
The board may, by rule, establish procedures for the 3,202
receipt of service credit under this section. 3,203
(I) The amount to be paid pursuant to division (B)(4), 3,206
(C)(4), or (D)(2) of this section OR DIVISION (B)(2) OR (C)(2)(b) 3,208
OF SECTION 742.212 OF THE REVISED CODE is the sum of the
following: 3,209
(1) An amount equal to the difference between the amount 3,212
the member paid as employee contributions for the service and the 3,213
amount the member would have paid had the member been employed by 3,214
the member's current employer as a member of a police or fire 3,215
department;
(2) An amount equal to the difference between the amount 3,218
paid or transferred under division (B)(3), (C)(3), or (D)(1)(b) 3,219
of this section OR DIVISION (B)(2) OR (C)(2)(b) OF SECTION 3,221
742.212 OF THE REVISED CODE and the amount that would have been 3,222
contributed by the employer for the service had the member been 3,223
employed by the member's current employer as a member of a police 3,225
or fire department;
(3) Interest, determined in accordance with division (H) 3,228
of this section, on the amounts specified in divisions (I)(1) and 3,230
(2) of this section.
At the request of a member, in lieu of requiring payment of 3,233
all or part of the amount determined under this division the fund 3,234
may grant the member an amount of service credit under division 3,235
(B), (C), or (D) of this section OR DIVISION (B) OR (C) OF 3,236
SECTION 742.212 OF THE REVISED CODE that is less than the amount 3,237
for which the member is eligible. The service credit granted 3,239
shall be the same percentage of the service credit for which the 3,240
member is eligible that the amount the fund receives under 3,241
71
division (B), (C), or (D) of this section OR DIVISION (B) OR (C) 3,242
OF SECTION 742.212 OF THE REVISED CODE is of the total amount it 3,244
would receive under those divisions if the full amount determined 3,245
under this division was paid.
(J)(1) Except as provided in division (J)(2) of this 3,248
section and notwithstanding any contrary provision of this
section, the board shall, in computing a pension or benefit under 3,250
section 742.37 or 742.39 of the Revised Code, give a member of 3,251
the fund who is not receiving a pension or disability benefit 3,252
from the fund full credit for service credit purchased under this 3,253
section for service that was less than full-time service if the 3,254
member provides evidence satisfactory to the board that, after 3,255
receiving written notice from the fund indicating that the member 3,257
would be permitted to purchase service credit for service that
was less than full-time, the member changed or ceased the 3,258
member's employment with the understanding that the credit 3,259
identified in the notice would be used in computing a pension or 3,260
benefit. If the board has canceled service credit purchased 3,262
under this section for service that was less than full-time 3,263
service and the member meets the requirements of division (J)(1) 3,264
of this section, the board shall restore the service credit on 3,265
repayment to the fund of the amount refunded to the member at the 3,267
time of cancellation.
(2) If a member of the fund who is not receiving a pension 3,270
or disability benefit from the fund purchased credit under this 3,271
section for service that was less than full-time service and does 3,272
not meet the requirements of division (J)(1) of this section, the 3,273
board shall refund to the member any amounts paid to purchase the 3,275
credit, with interest at a rate determined by the board from the 3,276
date the member purchased the credit to the date of the refund. 3,277
(K) A member of the fund who has purchased service credit 3,279
under this section, or the member's estate, is entitled to a 3,280
refund of the amount or portion of the amount paid to purchase 3,281
the credit if the purchased credit or portion of credit does not 3,282
72
increase a pension or benefit payable under section 742.37 or 3,283
742.39 of the Revised Code. The refund cancels an equivalent 3,284
amount of service credit. 3,285
(L) If a member or former member of the fund who is not a 3,287
current contributor and has not received a refund of accumulated 3,289
contributions elects to receive credit under section 145.295, 3,290
3307.761, or 3309.351 3309.73 of the Revised Code for service for 3,291
which the member contributed to the fund or purchased AS MILITARY 3,292
SERVICE credit for service in the armed forces of the United 3,294
States, the fund shall transfer to the public employees 3,296
retirement system, school employees retirement system, or state 3,297
teachers retirement system the amount specified in division 3,298
(A)(B) of section 145.295 of the Revised Code, division (A)(B) of 3,299
section 3307.761 of the Revised Code, or division (A)(B) of 3,300
section 3309.351 3309.73 of the Revised Code. 3,301
(M) The board shall adopt rules establishing a payroll 3,304
deduction plan for the purchase of service credit under this 3,305
section. The rules shall meet the requirements described in
section 742.56 of the Revised Code. 3,307
Sec. 742.211. (A) SERVICE CREDIT AND CONTRIBUTIONS FOR 3,309
FULL-TIME SERVICE MAY BE TRANSFERRED BETWEEN THE FUND AND THE 3,312
CINCINNATI RETIREMENT SYSTEM AS SPECIFIED IN SECTIONS 742.212 AND 3,313
742.213 OF THE REVISED CODE IF BOTH OF THE FOLLOWING CONDITIONS 3,315
ARE MET:
(1) THE CINCINNATI CITY COUNCIL AND THE BOARD OF TRUSTEES 3,317
OF THE CINCINNATI RETIREMENT SYSTEM TAKE ALL ACTIONS, INCLUDING 3,319
THE ADOPTION OF ANY ORDINANCE OR RESOLUTION, NECESSARY TO
AUTHORIZE THE TRANSFER OF SERVICE CREDIT AND CONTRIBUTIONS 3,321
BETWEEN THE SYSTEM AND THE FUND. 3,322
(2) THE OHIO POLICE AND FIRE PENSION FUND AND CINCINNATI 3,325
RETIREMENT SYSTEM, THROUGH THEIR BOARDS OF TRUSTEES, ENTER INTO 3,326
AN AGREEMENT GOVERNING THE TRANSFERS THAT IS CONSISTENT WITH THE 3,327
REQUIREMENTS OF SECTIONS 742.212 AND 742.213 OF THE REVISED CODE 3,329
AND INCLUDES BOTH OF THE FOLLOWING:
73
(a) A PROVISION UNDER WHICH THE RETIREMENT SYSTEM AND THE 3,332
FUND AGREE TO TRANSFER THE AMOUNTS SPECIFIED IN THOSE SECTIONS;
(b) A PROVISION THAT SPECIFIES THE AMOUNT OF CREDIT THE 3,334
SYSTEM TO WHICH THE TRANSFER IS MADE WILL GRANT FOR A SPECIFIC 3,335
PERIOD OF SERVICE EARNED UNDER THE TRANSFERRING SYSTEM. 3,336
(B) THE AMOUNT OF CREDIT SPECIFIED UNDER DIVISION (A)(2) 3,338
OF THIS SECTION MAY BE LESS THAN THE PERSON EARNED FOR A SPECIFIC 3,340
PERIOD OF SERVICE UNDER THE TRANSFERRING SYSTEM. 3,341
(C)(1) THE OHIO POLICE AND FIRE PENSION FUND, THROUGH ITS 3,345
BOARD OF TRUSTEES, AND THE CINCINNATI RETIREMENT SYSTEM, ACTING 3,346
PURSUANT TO THE AUTHORITY GRANTED IT BY THE CINCINNATI CITY 3,347
COUNCIL, MAY DO EITHER OF THE FOLLOWING: 3,348
(a) BY MUTUAL CONSENT, MODIFY THE AGREEMENT DESCRIBED IN 3,351
THIS SECTION;
(b) RESCIND THE AGREEMENT DESCRIBED IN THIS SECTION. 3,353
(2) ANY ACTION TAKEN UNDER DIVISION (C)(1) OF THIS SECTION 3,355
DOES NOT AFFECT ANY TRANSFERS MADE BETWEEN THE FUND AND THE 3,356
SYSTEM AND GRANTS OF CREDIT MADE BY THE FUND OR THE SYSTEM PRIOR 3,357
TO THE TIME ACTION IS TAKEN. 3,358
(3) RESCINDING AN AGREEMENT AS PROVIDED IN DIVISION 3,361
(C)(1)(b) OF THIS SECTION DOES NOT REQUIRE MUTUAL CONSENT. THE 3,362
FUND OR RETIREMENT SYSTEM THAT RESCINDS THE AGREEMENT MUST 3,364
PROMPTLY NOTIFY THE OTHER. 3,365
(D) IF EITHER OF THE CONDITIONS DESCRIBED IN DIVISION (A) 3,368
OF THIS SECTION IS NOT MET, A MEMBER OF THE OHIO POLICE AND FIRE 3,369
PENSION FUND WHO MEETS THE REQUIREMENTS OF SECTION 742.21 OF THE 3,370
REVISED CODE MAY PURCHASE CREDIT UNDER DIVISION (B) OF THAT 3,371
SECTION FOR SERVICE IN THE CINCINNATI RETIREMENT SYSTEM. 3,372
Sec. 742.212. (A) IF THE CONDITIONS DESCRIBED IN DIVISION 3,374
(A) OF SECTION 742.211 OF THE REVISED CODE ARE MET, A MEMBER OF 3,376
THE OHIO POLICE AND FIRE PENSION FUND WHO IS NOT RECEIVING A 3,378
PENSION OR BENEFIT FROM THE FUND IS ELIGIBLE TO OBTAIN CREDIT FOR 3,379
SERVICE AS A MEMBER OF THE CINCINNATI RETIREMENT SYSTEM UNDER 3,380
THIS SECTION.
74
(B) A MEMBER OF THE FUND WHO HAS CONTRIBUTIONS ON DEPOSIT 3,382
WITH THE CINCINNATI RETIREMENT SYSTEM SHALL, IN COMPUTING YEARS 3,383
OF SERVICE CREDIT, BE GIVEN CREDIT FOR SERVICE CREDIT EARNED FOR 3,385
FULL-TIME SERVICE UNDER THE CINCINNATI RETIREMENT SYSTEM OR
PURCHASED OR OBTAINED AS MILITARY SERVICE CREDIT IF BOTH OF THE 3,387
FOLLOWING OCCUR:
(1) FOR EACH YEAR OF SERVICE, THE CINCINNATI RETIREMENT 3,389
SYSTEM TRANSFERS TO THE OHIO POLICE AND FIRE PENSION FUND THE SUM 3,390
OF THE FOLLOWING: 3,391
(a) THE AMOUNT, CONTRIBUTED BY THE MEMBER, OR, IN THE CASE 3,393
OF MILITARY SERVICE CREDIT, PAID BY THE MEMBER, THAT IS 3,394
ATTRIBUTABLE TO THAT SERVICE; 3,395
(b) AN AMOUNT EQUAL TO THE LESSER OF THE AMOUNT 3,397
CONTRIBUTED BY THE EMPLOYER TO THE CINCINNATI RETIREMENT SYSTEM 3,398
FOR THE YEAR OF SERVICE OR THE AMOUNT THAT WOULD HAVE BEEN 3,399
CONTRIBUTED BY THE EMPLOYER FOR THE YEAR OF SERVICE HAD THE 3,401
MEMBER BEEN EMPLOYED BY THE MEMBER'S CURRENT EMPLOYER AS A MEMBER
OF THE OHIO POLICE AND FIRE PENSION FUND AT THE TIME THE CREDIT 3,402
WAS EARNED; 3,403
(c) INTEREST ON THE AMOUNTS SPECIFIED IN DIVISIONS 3,406
(B)(1)(a) AND (b) OF THIS SECTION FROM THE LAST DAY OF THE YEAR 3,408
FOR WHICH THE SERVICE CREDIT WAS EARNED OR IN WHICH PAYMENT WAS 3,409
MADE FOR MILITARY SERVICE CREDIT TO THE DATE THE TRANSFER IS 3,411
MADE.
(2) IF THE MEMBER BECAME A MEMBER OF THE FUND ON OR AFTER 3,413
SEPTEMBER 16, 1998, THE MEMBER PAYS THE AMOUNT DETERMINED 3,414
PURSUANT TO DIVISION (I) OF SECTION 742.21 OF THE REVISED CODE. 3,416
(C)(1) A MEMBER OF THE FUND WHO HAS RECEIVED A REFUND OF 3,420
THE MEMBER'S CONTRIBUTIONS TO THE CINCINNATI RETIREMENT SYSTEM 3,421
SHALL, IN COMPUTING YEARS OF SERVICE, BE GIVEN CREDIT FOR SERVICE 3,422
CREDIT EARNED FOR FULL-TIME SERVICE UNDER THE CINCINNATI 3,423
RETIREMENT SYSTEM OR PURCHASED OR OBTAINED AS MILITARY SERVICE 3,425
CREDIT IF BOTH OF THE FOLLOWING OCCUR:
(a) FOR EACH YEAR OF SERVICE, THE CINCINNATI RETIREMENT 3,427
75
SYSTEM TRANSFERS TO THE OHIO POLICE AND FIRE PENSION FUND THE SUM 3,429
OF THE FOLLOWING: 3,430
(i) INTEREST ON THE AMOUNT REFUNDED TO THE MEMBER THAT IS 3,432
ATTRIBUTABLE TO THE YEAR OF SERVICE FROM THE LAST DAY OF THE YEAR 3,433
FOR WHICH THE SERVICE CREDIT WAS EARNED OR IN WHICH PAYMENT WAS 3,434
MADE FOR MILITARY SERVICE CREDIT TO THE DATE THE REFUND WAS MADE; 3,435
(ii) AN AMOUNT EQUAL TO THE LESSER OF THE AMOUNT 3,438
CONTRIBUTED BY THE EMPLOYER TO THE CINCINNATI RETIREMENT SYSTEM 3,439
FOR THE YEAR OF SERVICE OR THE AMOUNT THAT WOULD HAVE BEEN 3,440
CONTRIBUTED BY THE EMPLOYER FOR THE YEAR OF SERVICE HAD THE
MEMBER BEEN EMPLOYED BY THE MEMBER'S CURRENT EMPLOYER AS A MEMBER 3,443
OF THE OHIO POLICE AND FIRE PENSION FUND AT THE TIME THE CREDIT 3,444
WAS EARNED, WITH INTEREST ON THAT AMOUNT FROM THE LAST DAY OF THE 3,445
YEAR FOR WHICH THE SERVICE CREDIT WAS EARNED TO THE DATE OF THE 3,446
TRANSFER.
(b) THE MEMBER PAYS THE SUM OF THE FOLLOWING: 3,448
(i) AN AMOUNT EQUAL TO THE AMOUNT REFUNDED BY THE 3,451
CINCINNATI RETIREMENT SYSTEM TO THE MEMBER FOR THAT YEAR FOR 3,452
CONTRIBUTIONS AND PAYMENTS FOR MILITARY SERVICE CREDIT, WITH 3,453
INTEREST AT A RATE ESTABLISHED BY THE BOARD OF TRUSTEES OF THE 3,454
OHIO POLICE AND FIRE PENSION FUND ON THAT AMOUNT FROM THE DATE OF 3,455
THE REFUND TO THE DATE OF PAYMENT; 3,457
(ii) AN AMOUNT EQUAL TO THE INTEREST, IF ANY, THE MEMBER 3,459
RECEIVED WHEN THE REFUND WAS MADE THAT IS ATTRIBUTABLE TO THE 3,460
YEAR OF SERVICE;
(iii) IF THE MEMBER BECAME A MEMBER OF THE FUND ON OR 3,462
AFTER SEPTEMBER 16, 1998, AN AMOUNT PAID BY THE MEMBER DETERMINED 3,464
PURSUANT TO DIVISION (I) OF SECTION 742.21 OF THE REVISED CODE. 3,465
(2) THE AMOUNT TRANSFERRED UNDER DIVISION (C)(1)(a) OF 3,468
THIS SECTION SHALL NOT INCLUDE ANY INTEREST THE CINCINNATI 3,469
RETIREMENT SYSTEM PAID THE PERSON WHEN IT MADE THE REFUND. 3,470
(D) INTEREST CHARGED UNDER THIS SECTION SHALL BE 3,472
CALCULATED SEPARATELY FOR EACH YEAR OF SERVICE CREDIT. UNLESS 3,473
OTHERWISE SPECIFIED IN THIS SECTION, IT SHALL BE CALCULATED AT 3,474
76
THE LESSER OF THE ACTUARIAL ASSUMPTION RATE FOR THAT YEAR OF THE 3,475
FUND OR THE CINCINNATI RETIREMENT SYSTEM. THE INTEREST SHALL BE 3,476
COMPOUNDED ANNUALLY.
(E) SUBJECT TO BOARD RULES, A MEMBER OF THE FUND MAY 3,478
CHOOSE TO PURCHASE IN ANY ONE PAYMENT ONLY PART OF THE CREDIT THE 3,479
MEMBER IS ELIGIBLE TO PURCHASE UNDER THIS SECTION. 3,480
INTEREST CHARGED UNDER THIS SECTION SHALL BE CALCULATED 3,481
SEPARATELY FOR EACH YEAR OF SERVICE CREDIT. UNLESS OTHERWISE 3,482
SPECIFIED IN THIS SECTION, IT SHALL BE CALCULATED AT THE LESSER 3,483
OF THE ACTUARIAL ASSUMPTION RATE FOR THAT YEAR OF THE FUND OR THE 3,484
CINCINNATI RETIREMENT SYSTEM. THE INTEREST SHALL BE COMPOUNDED 3,485
ANNUALLY.
(F) A MEMBER OF THE FUND IS INELIGIBLE TO RECEIVE CREDIT 3,487
UNDER THIS SECTION FOR SERVICE THAT IS USED IN THE CALCULATION OF 3,488
ANY RETIREMENT BENEFIT CURRENTLY PAID OR PAYABLE IN THE FUTURE TO 3,489
THE MEMBER, OR SERVICE RENDERED CONCURRENTLY WITH ANY OTHER 3,490
PERIOD FOR WHICH SERVICE CREDIT HAS ALREADY BEEN GRANTED. 3,491
(G) AT THE REQUEST OF THE FUND, THE CINCINNATI RETIREMENT 3,494
SYSTEM SHALL CERTIFY TO THE FUND A COPY OF THE RECORDS OF THE 3,495
SERVICE AND CONTRIBUTIONS OF A MEMBER OF THE FUND WHO SEEKS 3,496
SERVICE CREDIT UNDER THIS SECTION.
ON RECEIPT OF PAYMENT FROM THE MEMBER UNDER DIVISION 3,499
(C)(1)(b) OF THIS SECTION, THE OHIO POLICE AND FIRE PENSION FUND 3,500
SHALL NOTIFY THE CINCINNATI RETIREMENT SYSTEM. ON RECEIPT OF THE 3,501
NOTICE, THE CINCINNATI RETIREMENT SYSTEM SHALL TRANSFER THE 3,503
AMOUNT DESCRIBED IN DIVISION (C)(1)(a) OF THIS SECTION. 3,504
(H) A MEMBER OF THE FUND WHO HAS PURCHASED SERVICE CREDIT 3,506
UNDER THIS SECTION, OR THE MEMBER'S ESTATE, IS ENTITLED TO A 3,507
REFUND OF THE AMOUNT OR PORTION OF THE AMOUNT PAID TO PURCHASE 3,508
THE CREDIT IF THE PURCHASED CREDIT DOES NOT INCREASE A PENSION OR 3,509
BENEFIT PAYABLE UNDER SECTION 742.37 OR 742.39 OF THE REVISED 3,510
CODE. THE REFUND CANCELS AN EQUIVALENT AMOUNT OF SERVICE CREDIT. 3,511
(I) THE BOARD SHALL ADOPT RULES ESTABLISHING A PAYROLL 3,513
DEDUCTION PLAN FOR PURCHASE OF SERVICE CREDIT UNDER THIS SECTION. 3,515
77
THE RULES SHALL MEET THE REQUIREMENTS DESCRIBED IN SECTION 742.56 3,516
OF THE REVISED CODE. 3,517
Sec. 742.213. (A) IF THE CONDITIONS DESCRIBED IN DIVISION 3,519
(A) OF SECTION 742.211 OF THE REVISED CODE ARE MET AND A PERSON 3,521
WHO IS A MEMBER OR FORMER MEMBER OF THE OHIO POLICE AND FIRE 3,524
PENSION FUND BUT NOT A CURRENT CONTRIBUTOR AND WHO IS NOT 3,525
RECEIVING A PENSION OR BENEFIT FROM THE FUND ELECTS TO RECEIVE 3,527
CREDIT UNDER THE CINCINNATI RETIREMENT SYSTEM FOR SERVICE FOR 3,528
WHICH THE PERSON CONTRIBUTED TO THE FUND OR PURCHASED OR OBTAINED 3,529
AS MILITARY SERVICE CREDIT, THE FUND SHALL TRANSFER THE AMOUNTS 3,532
SPECIFIED IN DIVISION (B) OR (C) OF THIS SECTION TO THE 3,534
CINCINNATI RETIREMENT SYSTEM.
(B) IF A PERSON HAS NOT RECEIVED A REFUND OF ACCUMULATED 3,536
CONTRIBUTIONS FROM THE FUND, THE FUND SHALL, FOR EACH YEAR OF 3,537
SERVICE CREDIT, TRANSFER TO THE CINCINNATI RETIREMENT SYSTEM THE 3,538
SUM OF THE FOLLOWING: 3,539
(1) AN AMOUNT EQUAL TO THE PERSON'S CONTRIBUTIONS TO THE 3,541
FUND AND PAYMENTS MADE BY THE MEMBER FOR MILITARY SERVICE CREDIT; 3,542
(2) AN AMOUNT EQUAL TO THE LESSER OF THE AMOUNT 3,544
CONTRIBUTED BY THE EMPLOYER TO THE FUND FOR THE YEAR OF SERVICE 3,545
OR THE AMOUNT THAT WOULD HAVE BEEN CONTRIBUTED BY THE EMPLOYER 3,547
FOR THE YEAR OF SERVICE HAD THE PERSON BEEN A MEMBER OF THE 3,548
CINCINNATI RETIREMENT SYSTEM AT THE TIME THE CREDIT WAS EARNED; 3,549
(3) INTEREST ON THE AMOUNTS SPECIFIED IN DIVISIONS (B)(1) 3,551
AND (2) OF THIS SECTION FOR THE PERIOD FROM THE LAST DAY OF THE 3,552
YEAR FOR WHICH THE SERVICE CREDIT WAS EARNED OR IN WHICH PAYMENT 3,553
WAS MADE FOR MILITARY SERVICE CREDIT TO THE DATE THE TRANSFER WAS 3,554
MADE.
(C) IF THE PERSON HAS RECEIVED A REFUND OF ACCUMULATED 3,556
CONTRIBUTIONS TO THE FUND, THE FUND SHALL, FOR EACH YEAR OF 3,557
SERVICE CREDIT, TRANSFER TO THE CINCINNATI RETIREMENT SYSTEM THE 3,558
SUM OF THE FOLLOWING: 3,559
(1) INTEREST ON THE AMOUNT REFUNDED TO THE FORMER MEMBER 3,561
THAT IS ATTRIBUTABLE TO THE YEAR OF SERVICE FROM THE LAST DAY OF 3,562
78
THE YEAR FOR WHICH THE SERVICE CREDIT WAS EARNED OR IN WHICH 3,563
PAYMENT WAS MADE FOR MILITARY SERVICE CREDIT TO THE DATE THE 3,565
REFUND WAS MADE;
(2) AN AMOUNT EQUAL TO THE LESSER OF THE AMOUNT 3,567
CONTRIBUTED BY THE EMPLOYER TO THE FUND FOR THE YEAR OF SERVICE 3,568
OR THE AMOUNT THAT WOULD HAVE BEEN CONTRIBUTED BY THE EMPLOYER 3,569
FOR THE YEAR OF SERVICE HAD THE PERSON BEEN A MEMBER OF THE 3,570
CINCINNATI RETIREMENT SYSTEM AT THE TIME THE CREDIT WAS EARNED, 3,571
WITH INTEREST ON THAT AMOUNT FROM THE LAST DAY OF THE YEAR FOR 3,572
WHICH THE SERVICE CREDIT WAS EARNED TO THE DATE OF THE TRANSFER. 3,573
(D) ON RECEIPT OF NOTICE FROM THE CINCINNATI RETIREMENT 3,575
SYSTEM THAT THE CINCINNATI RETIREMENT SYSTEM HAS RECEIVED PAYMENT 3,576
FROM A PERSON DESCRIBED IN DIVISION (C) OF THIS SECTION, THE OHIO 3,578
POLICE AND FIRE PENSION FUND SHALL TRANSFER THE AMOUNT DESCRIBED
IN THAT DIVISION. 3,579
(E) INTEREST CHARGED UNDER THIS SECTION SHALL BE 3,581
CALCULATED SEPARATELY FOR EACH YEAR OF SERVICE CREDIT. UNLESS 3,582
OTHERWISE SPECIFIED IN THIS SECTION, IT SHALL BE CALCULATED AT 3,583
THE LESSER OF THE ACTUARIAL ASSUMPTION RATE FOR THAT YEAR OF THE 3,584
FUND OR THE CINCINNATI RETIREMENT SYSTEM. THE INTEREST SHALL BE 3,585
COMPOUNDED ANNUALLY.
(F) THE TRANSFER OF ANY AMOUNT UNDER THIS SECTION SHALL 3,587
CANCEL AN EQUIVALENT AMOUNT OF SERVICE CREDIT. 3,588
(G) AT THE REQUEST OF THE CINCINNATI RETIREMENT SYSTEM, 3,590
THE OHIO POLICE AND FIRE PENSION FUND SHALL CERTIFY TO THE 3,592
CINCINNATI RETIREMENT SYSTEM A COPY OF THE RECORDS OF THE SERVICE 3,593
AND CONTRIBUTIONS OF A MEMBER OR FORMER MEMBER OF THE FUND WHO 3,595
ELECTS TO RECEIVE SERVICE CREDIT UNDER THE CINCINNATI RETIREMENT 3,596
SYSTEM.
Sec. 742.41. (A) As used in this section: 3,605
(1) "Other system retirant" has the same meaning as in 3,607
section 742.26 of the Revised Code. 3,608
(2) "Personal history record" includes a member's, former 3,610
member's, or other system retirant's name, address, telephone 3,612
79
number, social security number, record of contributions, 3,613
correspondence with the Ohio police and fire pension fund, status 3,615
of any application for benefits, and any other information deemed 3,616
confidential by the trustees of the fund. 3,617
(B) The treasurer of state shall furnish annually to the 3,619
board of trustees of the fund a sworn statement of the amount of 3,620
the funds in the treasurer of state's custody belonging to the 3,623
Ohio police and fire pension fund. The records of the board FUND 3,625
shall be open for public inspection except for the following, 3,626
which shall be excluded, except with the written authorization of 3,627
the individual concerned: 3,628
(1) The individual's personal history record; 3,630
(2) Any information identifying, by name and address, the 3,632
amount of a monthly allowance or benefit paid to the individual. 3,633
(C) All medical reports and recommendations required are 3,635
privileged, except that copies of such medical reports or 3,636
recommendations shall be made available to the personal 3,637
physician, attorney, or authorized agent of the individual 3,638
concerned upon written release received from the individual or 3,640
the individual's agent or, when necessary for the proper 3,641
administration of the fund, to the board-assigned physician. 3,642
(D) Any person who is a member of the fund or an other 3,644
system retirant shall be furnished with a statement of the amount 3,645
to the credit of the person's individual account upon the 3,647
person's written request. The board FUND need not answer more 3,648
than one such request of a person in any one year. 3,649
(E) Notwithstanding the exceptions to public inspection in 3,651
division (B) of this section, the board FUND may furnish the 3,652
following information: 3,654
(1) If a member, former member, or other system retirant 3,656
is subject to an order issued under section 2907.15 of the 3,657
Revised Code or is convicted of or pleads guilty to a violation 3,658
of section 2921.41 of the Revised Code, on written request of a 3,659
prosecutor as defined in section 2935.01 of the Revised Code, the 3,660
80
board FUND shall furnish to the prosecutor the information 3,662
requested from the individual's personal history record. 3,663
(2) Pursuant to a court order issued under section 3113.21 3,665
of the Revised Code, the board FUND shall furnish to a court or 3,666
child support enforcement agency the information required under 3,668
that section. 3,669
(3) At the request of any organization or association of 3,671
members of the fund, the board of trustees of the fund shall 3,672
provide a list of the names and addresses of members of the fund 3,673
and other system retirants. The board FUND shall comply with the 3,675
request of such organization or association at least once a year 3,676
and may impose a reasonable charge for the list. 3,677
(4) Within fourteen days after receiving from the director 3,679
of job and family services a list of the names and social 3,680
security numbers of recipients of public assistance pursuant to 3,682
section 5101.181 of the Revised Code, the board FUND shall inform 3,683
the auditor of state of the name, current or most recent employer 3,685
address, and social security number of each member or other 3,686
system retirant whose name and social security number are the 3,687
same as that of a person whose name or social security number was 3,688
submitted by the director. The board FUND and its employees 3,689
shall, except for purposes of furnishing the auditor of state 3,691
with information required by this section, preserve the 3,692
confidentiality of recipients of public assistance in compliance 3,693
with division (A) of section 5101.181 of the Revised Code. 3,694
(5) THE FUND SHALL COMPLY WITH ORDERS ISSUED UNDER SECTION 3,697
3105.87 OF THE REVISED CODE.
ON THE WRITTEN REQUEST OF AN ALTERNATE PAYEE, AS DEFINED IN 3,699
SECTION 3105.80 OF THE REVISED CODE, THE FUND SHALL FURNISH TO 3,701
THE ALTERNATE PAYEE INFORMATION ON THE AMOUNT AND STATUS OF ANY 3,702
AMOUNTS PAYABLE TO THE ALTERNATE PAYEE UNDER AN ORDER ISSUED 3,703
UNDER SECTION 3105.171 OR 3105.65 OF THE REVISED CODE. 3,704
(F) A statement that contains information obtained from 3,706
the board's FUND'S records that is signed by the secretary of the 3,708
81
board of trustees of the Ohio police and fire pension fund and to 3,710
which the board's official seal is affixed, or copies of the 3,711
board's FUND'S records to which the signature and seal are 3,712
attached, shall be received as true copies of the board's FUND'S 3,713
records in any court or before any officer of this state. 3,715
Sec. 742.462. (A) AS USED IN THIS SECTION, "ALTERNATE 3,717
PAYEE," "BENEFIT," "LUMP SUM PAYMENT," "PARTICIPANT," AND "PUBLIC 3,719
RETIREMENT PROGRAM" HAVE THE SAME MEANINGS AS IN SECTION 3105.80 3,720
OF THE REVISED CODE.
(B) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.171 3,722
OR 3105.65 OF THE REVISED CODE, THE OHIO POLICE AND FIRE PENSION 3,725
FUND SHALL DETERMINE WHETHER THE ORDER MEETS THE REQUIREMENTS OF 3,726
SECTIONS 3105.80 TO 3105.90 OF THE REVISED CODE. THE FUND SHALL 3,727
RETAIN IN THE PARTICIPANT'S RECORD AN ORDER THE FUND DETERMINES 3,729
MEETS THE REQUIREMENTS. NOT LATER THAN SIXTY DAYS AFTER RECEIPT, 3,730
THE FUND SHALL RETURN TO THE COURT THAT ISSUED THE ORDER ANY 3,731
ORDER THE FUND DETERMINES DOES NOT MEET THE REQUIREMENTS. 3,732
(C) THE FUND SHALL COMPLY WITH AN ORDER RETAINED UNDER 3,735
DIVISION (B) OF THIS SECTION AT THE FOLLOWING TIMES AS
APPROPRIATE: 3,736
(1) IF THE PARTICIPANT HAS APPLIED FOR OR IS RECEIVING A 3,738
BENEFIT OR HAS APPLIED FOR BUT NOT YET RECEIVED A LUMP SUM 3,739
PAYMENT, AS SOON AS PRACTICABLE; 3,740
(2) IF THE PARTICIPANT HAS NOT APPLIED FOR A BENEFIT OR 3,743
LUMP SUM PAYMENT, ON APPLICATION BY THE PARTICIPANT FOR A BENEFIT 3,744
OR LUMP SUM PAYMENT. 3,745
(D) IF THE FUND TRANSFERS A PARTICIPANT'S SERVICE CREDIT 3,748
OR CONTRIBUTIONS MADE BY OR ON BEHALF OF A PARTICIPANT TO A 3,749
PUBLIC RETIREMENT PROGRAM THAT IS NOT NAMED IN THE ORDER, THE 3,751
FUND SHALL DO BOTH OF THE FOLLOWING:
(1) NOTIFY THE COURT THAT ISSUED THE ORDER BY SENDING THE 3,753
COURT A COPY OF THE ORDER AND THE NAME AND ADDRESS OF THE PUBLIC 3,755
RETIREMENT PROGRAM TO WHICH THE TRANSFER WAS MADE;
(2) SEND A COPY OF THE ORDER TO THE PUBLIC RETIREMENT 3,757
82
PROGRAM TO WHICH THE TRANSFER WAS MADE. 3,758
(E) IF IT RECEIVES A PARTICIPANT'S SERVICE CREDIT OR 3,760
CONTRIBUTIONS AND A COPY OF AN ORDER AS PROVIDED IN DIVISION (D) 3,762
OF THIS SECTION, THE FUND SHALL ADMINISTER THE ORDER AS IF IT 3,763
WERE THE PUBLIC RETIREMENT PROGRAM NAMED IN THE ORDER. 3,764
(F) IF A PARTICIPANT'S BENEFIT OR LUMP SUM PAYMENT IS OR 3,767
WILL BE SUBJECT TO MORE THAN ONE ORDER DESCRIBED IN SECTION 3,768
3105.81 OF THE REVISED CODE OR TO AN ORDER DESCRIBED IN SECTION 3,769
3105.81 OF THE REVISED CODE AND A WITHHOLDING ORDER UNDER SECTION 3,770
3111.23 OR 3113.21 OF THE REVISED CODE, THE FUND SHALL, AFTER 3,773
DETERMINING THAT THE AMOUNTS THAT ARE OR WILL BE WITHHELD WILL 3,774
CAUSE THE BENEFIT OR LUMP SUM PAYMENT TO FALL BELOW THE LIMITS 3,775
DESCRIBED IN SECTION 3105.85 OF THE REVISED CODE, DO ALL OF THE 3,776
FOLLOWING: 3,777
(1) ESTABLISH, IN ACCORDANCE WITH DIVISION (G) OF THIS 3,779
SECTION AND SUBJECT TO THE LIMITS DESCRIBED IN SECTION 3105.85 OF 3,781
THE REVISED CODE, THE PRIORITY IN WHICH THE ORDERS ARE OR WILL BE 3,783
PAID BY THE FUND IN ACCORDANCE WITH DIVISION (G) OF THIS SECTION;
(2) REDUCE THE AMOUNT PAID TO AN ALTERNATE PAYEE BASED ON 3,785
THE PRIORITY ESTABLISHED UNDER DIVISION (F)(1) OF THIS SECTION; 3,786
(3) NOTIFY, BY REGULAR MAIL, A PARTICIPANT AND ALTERNATE 3,789
PAYEE OF ANY ACTION TAKEN UNDER THIS DIVISION. 3,790
(G) A WITHHOLDING OR DEDUCTION NOTICE ISSUED UNDER SECTION 3,792
3111.23 OR 3113.21 OF THE REVISED CODE OR AN ORDER DESCRIBED IN 3,793
SECTION 3115.32 OF THE REVISED CODE HAS PRIORITY OVER ALL OTHER 3,794
ORDERS AND SHALL BE COMPLIED WITH IN ACCORDANCE WITH CHILD 3,795
SUPPORT ENFORCEMENT LAWS. ALL OTHER ORDERS ARE ENTITLED TO
PRIORITY IN ORDER OF EARLIEST RETENTION BY THE FUND. THE FUND IS 3,796
NOT TO RETAIN AN ORDER THAT PROVIDES FOR THE DIVISION OF PROPERTY 3,797
UNLESS THE ORDER IS FILED IN A COURT WITH JURISDICTION IN THIS 3,798
STATE.
(H) THE FUND IS NOT LIABLE IN CIVIL DAMAGES FOR LOSS 3,800
RESULTING FROM ANY ACTION OR FAILURE TO ACT IN COMPLIANCE WITH 3,801
THIS SECTION.
83
Sec. 742.47. Except as provided in sections 742.461, 3,810
3105.171, 3105.65, 3111.23, and 3113.21, AND 3115.32 of the 3,813
Revised Code, sums of money due or to become due to any person
INDIVIDUAL from the Ohio police and fire pension fund are not 3,816
liable to attachment, garnishment, levy, or seizure under any 3,817
legal or equitable process OR ANY OTHER PROCESS OF LAW 3,818
WHATSOEVER, whether such THOSE sums remain with the treasurer of 3,819
the fund or any officer or agent of the board of trustees of the 3,821
fund, or is ARE in the course of transmission to the person 3,823
INDIVIDUAL entitled thereto TO THEM, but shall inure wholly to 3,824
the benefit of such person THAT INDIVIDUAL. 3,825
Sec. 742.64. AS USED IN THIS SECTION, "ALTERNATE PAYEE," 3,827
"BENEFIT," AND "LUMP SUM PAYMENT" HAVE THE SAME MEANINGS AS IN 3,828
SECTION 3105.80 OF THE REVISED CODE.
IF A PERSON WHO IS AN ALTERNATE PAYEE IS PAID ANY AMOUNT 3,830
FROM A BENEFIT OR LUMP SUM PAYMENT UNDER AN ORDER ISSUED UNDER 3,831
SECTION 3105.171 OR 3105.65 OF THE REVISED CODE BY THE OHIO 3,832
POLICE AND FIRE PENSION FUND TO WHICH THE PERSON IS NOT ENTITLED, 3,833
THE PERSON SHALL REPAY THE FUND. IF THE PERSON FAILS TO REPAY,
THE FUND SHALL WITHHOLD THE AMOUNT DUE FROM ANY PAYMENT DUE THE 3,834
PERSON UNDER THE ORDER OR MAY COLLECT THE AMOUNT IN ANY OTHER 3,835
MANNER PROVIDED BY LAW.
Sec. 2907.15. (A) As used in this section: 3,844
(1) "Public retirement system" means the public employees 3,847
retirement system, state teachers retirement system, school
employees retirement system, Ohio police and fire pension fund, 3,848
state highway patrol retirement system, or a municipal retirement 3,850
system of a municipal corporation of this state. 3,851
(2) "Government deferred compensation program" means such 3,853
a program offered by the Ohio public employees deferred 3,855
compensation board; a municipal corporation; or a governmental 3,856
unit, as defined in section 148.06 of the Revised Code. 3,857
(3) "Deferred compensation program participant" means a 3,859
"participating employee" or "continuing member," as defined in 3,860
84
section 148.01 of the Revised Code, or any other public employee 3,862
who has funds in a government deferred compensation program.
(4) "ALTERNATIVE RETIREMENT PLAN" MEANS AN ALTERNATIVE 3,864
RETIREMENT PLAN PROVIDED PURSUANT TO CHAPTER 3305. OF THE REVISED 3,865
CODE.
(5) "Prosecutor" has the same meaning as in section 3,867
2935.01 of the Revised Code. 3,868
In any case in which a sentencing court orders restitution 3,871
to the victim under section 2929.18 of the Revised Code for a 3,872
violation of section 2907.02, 2907.03, 2907.04, or 2907.05 of the
Revised Code and in which the offender is a government deferred 3,874
compensation program participant, IS AN ELECTING EMPLOYEE, AS 3,875
DEFINED IN SECTION 3305.01 OF THE REVISED CODE, or is a member 3,876
of, or receiving a pension, benefit, or allowance, other than a 3,879
survivorship benefit, from, a public retirement system and 3,880
committed the offense against a child, student, patient, or other 3,881
person with whom the offender had contact in the context of the
offender's public employment, at the request of the victim the 3,882
prosecutor shall file a motion with the sentencing court 3,884
specifying the government deferred compensation program,
ALTERNATIVE RETIREMENT PLAN, or public retirement system and 3,886
requesting that the court issue an order requiring the government 3,887
deferred compensation program, ALTERNATIVE RETIREMENT PLAN, or 3,888
public retirement system to withhold the amount required as 3,890
restitution from one or more of the following: any payment to be
made from a government deferred compensation program, ANY PAYMENT 3,891
OR BENEFIT UNDER AN ALTERNATIVE RETIREMENT PLAN, or under a 3,892
pension, annuity, allowance, or any other benefit, other than a 3,893
survivorship benefit, that has been or is in the future granted 3,895
to the offender; from any payment of accumulated employee 3,896
contributions standing to the offender's credit with the
government deferred compensation program, ALTERNATIVE RETIREMENT 3,897
PLAN, or public retirement system; or from any payment of any 3,899
other amounts to be paid to the offender pursuant to Chapter 3,900
85
145., 148., 742., 3307., 3309., or 5505. of the Revised Code on 3,901
withdrawal of contributions. The motion may be filed at any time 3,903
subsequent to the conviction of the offender or entry of a guilty 3,904
plea. On the filing of the motion, the clerk of the court in 3,905
which the motion is filed shall notify the offender and the 3,906
government deferred compensation program, ALTERNATIVE RETIREMENT 3,907
PLAN, or public retirement system, in writing, of all of the 3,908
following: that the motion was filed; that the offender will be 3,909
granted a hearing on the issuance of the requested order if the 3,910
offender files a written request for a hearing with the clerk 3,911
prior to the expiration of thirty days after the offender 3,912
receives the notice; that, if a hearing is requested, the court 3,913
will schedule a hearing as soon as possible and notify the 3,914
offender and the government deferred compensation program, 3,915
ALTERNATIVE RETIREMENT PLAN, or public retirement system of the 3,917
date, time, and place of the hearing; that, if a hearing is
conducted, it will be limited to a consideration of whether the 3,919
offender can show good cause why the order should not be issued; 3,920
that, if a hearing is conducted, the court will not issue the 3,921
order if the court determines, based on evidence presented at the 3,922
hearing by the offender, that there is good cause for the order 3,923
not to be issued; that the court will issue the order if a 3,925
hearing is not requested or if a hearing is conducted but the 3,926
court does not determine, based on evidence presented at the
hearing by the offender, that there is good cause for the order 3,928
not to be issued; and that, if the order is issued, the 3,929
government deferred compensation program, ALTERNATIVE RETIREMENT 3,930
PLAN, or public retirement system specified in the motion will be 3,931
required to withhold the amount required as restitution from 3,932
payments to the offender.
(B) In any case in which a motion requesting the issuance 3,935
of a withholding order as described in division (A) of this 3,936
section is filed, the offender may receive a hearing on the 3,937
motion by delivering a written request for a hearing to the court 3,938
86
prior to the expiration of thirty days after the offender's 3,939
receipt of the notice provided pursuant to division (A) of this 3,940
section. If the offender requests a hearing within the 3,942
prescribed time, the court shall schedule a hearing as soon as 3,943
possible after the request is made and notify the offender and 3,944
the government deferred compensation program, ALTERNATIVE 3,945
RETIREMENT PLAN, or public retirement system of the date, time, 3,946
and place of the hearing. A hearing scheduled under this 3,947
division shall be limited to a consideration of whether there is 3,948
good cause, based on evidence presented by the offender, for the 3,949
requested order not to be issued. If the court determines, based 3,950
on evidence presented by the offender, that there is good cause 3,951
for the order not to be issued, the court shall deny the motion 3,952
and shall not issue the order. Good cause for not issuing the 3,953
order includes a determination by the court that the order would 3,954
severely impact the offender's ability to support the offender's 3,955
dependents.
If the offender does not request a hearing within the 3,957
prescribed time or the court conducts a hearing but does not 3,958
determine, based on evidence presented by the offender, that 3,959
there is good cause for the order not to be issued, the court 3,960
shall order the government deferred compensation program, 3,961
ALTERNATIVE RETIREMENT PLAN, or public retirement system to 3,963
withhold the amount required as restitution from one or more of 3,964
the following: any payments to be made from a government
deferred compensation program, ANY PAYMENT OR BENEFIT UNDER AN 3,965
ALTERNATIVE RETIREMENT PLAN, or under a pension, annuity, 3,966
allowance, or under any other benefit, other than a survivorship 3,968
benefit, that has been or is in the future granted to the 3,970
offender; from any payment of accumulated employee contributions 3,971
standing to the offender's credit with the government deferred 3,972
compensation program, ALTERNATIVE RETIREMENT PLAN, or public 3,973
retirement system; or from any payment of any other amounts to be 3,975
paid to the offender upon withdrawal of contributions pursuant to 3,976
87
Chapter 145., 148., 742., 3307., 3309., or 5505. of the Revised 3,978
Code and to continue the withholding for that purpose, in
accordance with the order, out of each payment to be made on or 3,980
after the date of issuance of the order, until further order of 3,981
the court. On receipt of an order issued under this division, 3,982
the government deferred compensation program, ALTERNATIVE 3,983
RETIREMENT PLAN, or public retirement system shall withhold the 3,984
amount required as restitution, in accordance with the order, 3,985
from any such payments and immediately forward the amount 3,986
withheld to the clerk of the court in which the order was issued 3,987
for payment to the person to whom restitution is to be made. The 3,988
order shall not apply to any portion of payments made from a 3,989
government deferred compensation program, ALTERNATIVE RETIREMENT 3,990
PLAN, or public retirement system to a person other than the 3,991
offender pursuant to a previously issued domestic court order. 3,992
(C) Service of a notice required by division (A) or (B) of 3,995
this section shall be effected in the same manner as provided in 3,996
the Rules of Civil Procedure for the service of process. 3,998
(D) Upon the filing of charges under section 2907.02, 4,000
2907.03, 2907.04, or 2907.05 of the Revised Code against a person 4,002
who is a deferred compensation program participant, AN ELECTING 4,003
EMPLOYEE PARTICIPATING IN AN ALTERNATIVE RETIREMENT PLAN, or a 4,004
member of, or receiving a pension benefit, or allowance, other 4,006
than a survivorship benefit, from a public retirement system for 4,007
an offense against a child, student, patient, or other person 4,008
with whom the offender had contact in the context of the 4,009
offender's public employment, the prosecutor shall send written
notice that charges have been filed against that person to the 4,010
appropriate government deferred compensation program, ALTERNATIVE 4,011
RETIREMENT PLAN, or public retirement system. The notice shall 4,013
specifically identify the person charged.
Sec. 2921.41. (A) No public official or party official 4,022
shall commit any theft offense, as defined in division (K) of 4,023
section 2913.01 of the Revised Code, when either of the following 4,024
88
applies: 4,025
(1) The offender uses the offender's office in aid of 4,027
committing the offense or permits or assents to its use in aid of 4,028
committing the offense; 4,029
(2) The property or service involved is owned by this 4,031
state, any other state, the United States, a county, a municipal 4,032
corporation, a township, or any political subdivision, 4,033
department, or agency of any of them, is owned by a political 4,034
party, or is part of a political campaign fund. 4,035
(B) Whoever violates this section is guilty of theft in 4,037
office. Except as otherwise provided in this division, theft in 4,038
office is a felony of the fifth degree. If the value of property 4,039
or services stolen is five hundred dollars or more and is less 4,040
than five thousand dollars, theft in office is a felony of the 4,041
fourth degree. If the value of property or services stolen is 4,042
five thousand dollars or more, theft in office is a felony of the 4,043
third degree. 4,044
(C)(1) A public official or party official who is 4,046
convicted of or pleads guilty to theft in office is forever 4,047
disqualified from holding any public office, employment, or 4,048
position of trust in this state. 4,049
(2)(a) A court that imposes sentence for a violation of 4,051
this section based on conduct described in division (A)(2) of 4,052
this section shall require the public official or party official 4,053
who is convicted of or pleads guilty to the offense to make 4,054
restitution for all of the property or the service that is the 4,055
subject of the offense, in addition to the term of imprisonment 4,056
and any fine imposed. A court that imposes sentence for a 4,057
violation of this section based on conduct described in division 4,058
(A)(1) of this section and that determines at trial that this 4,059
state or a political subdivision of this state if the offender is 4,060
a public official, or a political party in the United States or 4,061
this state if the offender is a party official, suffered actual 4,062
loss as a result of the offense shall require the offender to 4,063
89
make restitution to the state, political subdivision, or 4,064
political party for all of the actual loss experienced, in 4,065
addition to the term of imprisonment and any fine imposed. 4,066
(b)(i) In any case in which a sentencing court is required 4,068
to order restitution under division (C)(2)(a) of this section and 4,069
in which the offender, at the time of the commission of the 4,070
offense or at any other time, was a member of the public 4,071
employees retirement system, the Ohio police and fire pension 4,073
fund, the state teachers retirement system, the school employees 4,074
retirement system, or the state highway patrol retirement system; 4,075
was an electing employee, as defined in section 3305.01 of the 4,077
Revised Code, participating in an alternative retirement plan
provided pursuant to Chapter 3305. of the Revised Code; was a 4,079
participating employee or continuing member, as defined in 4,081
section 148.01 of the Revised Code, in a deferred compensation 4,083
program offered by the Ohio public employees deferred 4,084
compensation board; was an officer or employee of a municipal 4,086
corporation who was a participant in a deferred compensation 4,087
program offered by that municipal corporation; was an officer or 4,089
employee of a government unit, as defined in section 148.06 of 4,090
the Revised Code, who was a participant in a deferred 4,091
compensation program offered by that government unit, or was a 4,092
participating employee, continuing member, or participant in any 4,093
deferred compensation program described in this division and a 4,094
member of a retirement system specified in this division or a 4,095
retirement system of a municipal corporation, the entity to which 4,096
restitution is to be made may file a motion with the sentencing 4,097
court specifying any retirement system, any entity providing any 4,098
benefit under an alternative retirement plan PROVIDER AS DEFINED 4,099
IN SECTION 3305.01 OF THE REVISED CODE, and any deferred 4,100
compensation program of which the offender was a member, electing 4,101
employee, participating employee, continuing member, or 4,102
participant and requesting the court to issue an order requiring 4,103
the specified retirement system, the specified entity providing 4,104
90
the benefit PROVIDER under the alternative retirement plan, or 4,106
the specified deferred compensation program, or, if more than one 4,107
is specified in the motion, the applicable combination of these, 4,108
to withhold the amount required as restitution from any payment 4,110
that is to be made under a pension, annuity, or allowance, UNDER 4,111
AN OPTION IN THE ALTERNATIVE RETIREMENT PLAN, under a participant 4,112
account, as defined in section 148.01 of the Revised Code, or 4,113
under any other type of benefit, other than a survivorship 4,115
benefit, that has been or is in the future granted to the 4,116
offender, from any payment of accumulated employee contributions 4,117
standing to the offender's credit with that retirement system, 4,118
that entity providing PROVIDER OF the payment OPTION under the 4,120
alternative retirement plan, or that deferred compensation
program, or, if more than one is specified in the motion, the 4,122
applicable combination of these, and from any payment of any 4,124
other amounts to be paid to the offender upon the offender's
withdrawal of the offender's contributions pursuant to Chapter 4,125
145., 148., 742., 3307., 3309., or 5505. of the Revised Code. A 4,127
motion described in this division may be filed at any time 4,128
subsequent to the conviction of the offender or entry of a guilty 4,129
plea. Upon the filing of the motion, the clerk of the court in 4,130
which the motion is filed shall notify the offender, the 4,131
specified retirement system, the specified entity providing the 4,132
benefit PROVIDER under the alternative retirement plan, or the 4,133
specified deferred compensation program, or, if more than one is 4,135
specified in the motion, the applicable combination of these, in 4,136
writing, of all of the following: that the motion was filed; 4,138
that the offender will be granted a hearing on the issuance of 4,139
the requested order if the offender files a written request for a 4,140
hearing with the clerk prior to the expiration of thirty days 4,141
after the offender receives the notice; that, if a hearing is 4,142
requested, the court will schedule a hearing as soon as possible 4,143
and notify the offender, any specified retirement system, any 4,144
specified entity providing any benefit PROVIDER under an 4,145
91
alternative retirement plan, and any specified deferred 4,147
compensation program of the date, time, and place of the hearing; 4,148
that, if a hearing is conducted, it will be limited only to a 4,149
consideration of whether the offender can show good cause why the 4,150
requested order should not be issued; that, if a hearing is 4,151
conducted, the court will not issue the requested order if the
court determines, based on evidence presented at the hearing by 4,152
the offender, that there is good cause for the requested order 4,153
not to be issued; that the court will issue the requested order 4,154
if a hearing is not requested or if a hearing is conducted but 4,155
the court does not determine, based on evidence presented at the 4,156
hearing by the offender, that there is good cause for the 4,157
requested order not to be issued; and that, if the requested 4,158
order is issued, any retirement system, any entity providing any 4,159
benefit PROVIDER under an alternative retirement plan, and any 4,160
deferred compensation program specified in the motion will be 4,162
required to withhold the amount required as restitution from 4,163
payments to the offender. 4,164
(ii) In any case in which a sentencing court is required 4,166
to order restitution under division (C)(2)(a) of this section and 4,167
in which a motion requesting the issuance of a withholding order 4,168
as described in division (C)(2)(b)(i) of this section is filed, 4,169
the offender may receive a hearing on the motion by delivering a 4,170
written request for a hearing to the court prior to the 4,171
expiration of thirty days after the offender's receipt of the 4,172
notice provided pursuant to division (C)(2)(b)(i) of this 4,173
section. If a request for a hearing is made by the offender 4,174
within the prescribed time, the court shall schedule a hearing as 4,175
soon as possible after the request is made and shall notify the 4,176
offender, the specified retirement system, the specified entity 4,177
providing the benefit PROVIDER under the alternative retirement 4,178
plan, or the specified deferred compensation program, or, if more 4,180
than one is specified in the motion, the applicable combination 4,182
of these, of the date, time, and place of the hearing. A hearing 4,183
92
scheduled under this division shall be limited to a consideration 4,184
of whether there is good cause, based on evidence presented by 4,185
the offender, for the requested order not to be issued. If the 4,186
court determines, based on evidence presented by the offender, 4,187
that there is good cause for the order not to be issued, the 4,188
court shall deny the motion and shall not issue the requested 4,189
order. If the offender does not request a hearing within the 4,190
prescribed time or if the court conducts a hearing but does not 4,191
determine, based on evidence presented by the offender, that 4,192
there is good cause for the order not to be issued, the court 4,193
shall order the specified retirement system, the specified entity 4,194
providing the benefit PROVIDER under the alternative retirement 4,195
plan, or the specified deferred compensation program, or, if more 4,197
than one is specified in the motion, the applicable combination 4,199
of these, to withhold the amount required as restitution under 4,200
division (C)(2)(a) of this section from any payments to be made 4,201
under a pension, annuity, or allowance, under a participant 4,202
account, as defined in section 148.01 of the Revised Code, UNDER 4,205
AN OPTION IN THE ALTERNATIVE RETIREMENT PLAN, or under any other 4,207
type of benefit, other than a survivorship benefit, that has been 4,209
or is in the future granted to the offender, from any payment of 4,210
accumulated employee contributions standing to the offender's 4,211
credit with that retirement system, that entity providing the 4,212
benefit PROVIDER under the alternative retirement plan, or that 4,213
deferred compensation program, or, if more than one is specified 4,214
in the motion, the applicable combination of these, and from any 4,215
payment of any other amounts to be paid to the offender upon the 4,216
offender's withdrawal of the offender's contributions pursuant to 4,217
Chapter 145., 148., 742., 3307., 3309., or 5505. of the Revised 4,219
Code, and to continue the withholding for that purpose, in 4,220
accordance with the order, out of each payment to be made on or 4,221
after the date of issuance of the order, until further order of 4,222
the court. Upon receipt of an order issued under this division, 4,223
the public employees retirement system, the Ohio police and fire 4,225
93
pension fund, the state teachers retirement system, the school 4,226
employees retirement system, the state highway patrol retirement 4,227
system, a municipal corporation retirement system, the entity 4,228
providing the benefit PROVIDER under the alternative retirement 4,230
plan, and the deferred compensation program offered by the Ohio 4,231
public employees deferred compensation board, a municipal 4,232
corporation, or a government unit, as defined in section 148.06 4,233
of the Revised Code, whichever are applicable, shall withhold the 4,235
amount required as restitution, in accordance with the order, 4,236
from any such payments and immediately shall forward the amount 4,237
withheld to the clerk of the court in which the order was issued 4,238
for payment to the entity to which restitution is to be made. 4,239
(iii) Service of a notice required by division 4,241
(C)(2)(b)(i) or (ii) of this section shall be effected in the 4,242
same manner as provided in the Rules of Civil Procedure for the 4,243
service of process. 4,244
(D) Upon the filing of charges against a person under this 4,246
section, the prosecutor, as defined in section 2935.01 of the 4,247
Revised Code, who is assigned the case shall send written notice 4,248
that charges have been filed against that person to the public 4,249
employees retirement system, the Ohio police and fire pension 4,251
fund, the state teachers retirement system, the school employees 4,252
retirement system, the state highway patrol retirement system, 4,253
the entity providing any benefit PROVIDER under an alternative 4,254
retirement plan, any municipal corporation retirement system in 4,255
this state, and the deferred compensation program offered by the 4,256
Ohio public employees deferred compensation board, a municipal 4,257
corporation, or a government unit, as defined in section 148.06 4,259
of the Revised Code. The written notice shall specifically
identify the person charged. 4,260
Sec. 3105.80. AS USED IN THIS SECTION AND SECTIONS 3105.81 4,262
TO 3105.90 OF THE REVISED CODE: 4,265
(A) "ALTERNATE PAYEE" MEANS A PARTY IN AN ACTION FOR 4,267
DIVORCE, LEGAL SEPARATION, ANNULMENT, OR DISSOLUTION OF MARRIAGE 4,268
94
WHO IS TO RECEIVE ONE OR MORE PAYMENTS FROM A BENEFIT OR LUMP SUM 4,269
PAYMENT UNDER AN ORDER ISSUED UNDER SECTION 3105.171 OR 3105.65 4,270
OF THE REVISED CODE THAT IS IN COMPLIANCE WITH SECTIONS 3105.81 4,271
TO 3105.90 OF THE REVISED CODE. 4,272
(B) "BENEFIT" MEANS A PERIODIC PAYMENT UNDER A PENSION, 4,274
ANNUITY, ALLOWANCE, OR OTHER TYPE OF BENEFIT, OTHER THAN A 4,275
SURVIVOR BENEFIT, THAT HAS BEEN OR MAY BE GRANTED TO A 4,276
PARTICIPANT UNDER SECTIONS 742.01 TO 742.61 OR CHAPTER 145., 4,277
3307., 3309., OR 5505. OF THE REVISED CODE OR ANY PAYMENT THAT IS 4,278
TO BE MADE UNDER A CONTRACT A PARTICIPANT HAS ENTERED INTO FOR 4,279
THE PURPOSES OF AN ALTERNATIVE RETIREMENT PLAN. 4,280
(C) "LUMP SUM PAYMENT" MEANS A PAYMENT OF ACCUMULATED 4,282
CONTRIBUTIONS STANDING TO A PARTICIPANT'S CREDIT UNDER SECTIONS 4,283
742.01 TO 742.61 OR CHAPTER 145., 3307., 3309., OR 5505. OF THE 4,285
REVISED CODE OR PURSUANT TO A CONTRACT A PARTICIPANT HAS ENTERED 4,286
INTO FOR THE PURPOSES OF AN ALTERNATIVE RETIREMENT PLAN AND ANY 4,287
OTHER PAYMENT MADE OR THAT MAY BE MADE TO A PARTICIPANT UNDER 4,289
THOSE SECTIONS OR CHAPTERS ON WITHDRAWAL OF A PARTICIPANT'S 4,290
CONTRIBUTIONS. "LUMP SUM PAYMENT" INCLUDES A LUMP SUM PAYMENT 4,291
UNDER SECTION 145.384, 742.26, 3307.352, OR 3309.344 OF THE 4,292
REVISED CODE.
(D) "PARTICIPANT" MEANS A MEMBER, CONTRIBUTOR, RETIRANT, 4,294
OR DISABILITY BENEFIT RECIPIENT WHO IS OR WILL BE ENTITLED TO A 4,295
BENEFIT OR LUMP SUM PAYMENT UNDER SECTIONS 742.01 TO 742.61 OR 4,298
CHAPTER 145., 3307., 3309., OR 5505. OF THE REVISED CODE OR AN 4,300
ACADEMIC OR ADMINISTRATIVE EMPLOYEE WHO ELECTS TO PARTICIPATE IN 4,301
AN ALTERNATIVE RETIREMENT PLAN UNDER CHAPTER 3305. OF THE REVISED 4,302
CODE.
(E) "PERSONAL HISTORY RECORD" HAS THE SAME MEANING AS IN 4,304
SECTION 145.27, 742.41, 3305.20, 3307.20, 3309.22, AND 5505.04 OF 4,305
THE REVISED CODE. 4,306
(F) "PUBLIC RETIREMENT PROGRAM" MEANS THE PUBLIC EMPLOYEES 4,308
RETIREMENT SYSTEM, OHIO POLICE AND FIRE PENSION FUND, SCHOOL 4,309
EMPLOYEES RETIREMENT SYSTEM, STATE TEACHERS RETIREMENT SYSTEM, 4,311
95
STATE HIGHWAY PATROL RETIREMENT SYSTEM, OR AN ENTITY PROVIDING AN 4,312
ALTERNATIVE RETIREMENT PLAN UNDER CHAPTER 3305. OF THE REVISED 4,313
CODE.
Sec. 3105.81. A COURT THAT ISSUES AN ORDER UNDER SECTION 4,316
3105.171 OR 3105.65 OF THE REVISED CODE THAT PROVIDES FOR A 4,317
DIVISION OF PROPERTY THAT INCLUDES A BENEFIT OR LUMP SUM PAYMENT 4,319
AND REQUIRES ONE OR MORE PAYMENTS FROM A PUBLIC RETIREMENT 4,320
PROGRAM TO AN ALTERNATE PAYEE SHALL INCLUDE IN THE ORDER A 4,322
REQUIREMENT THAT THE PAYMENTS BE MADE IN ACCORDANCE WITH AND
SUBJECT TO LIMITATIONS SET FORTH IN SECTIONS 3105.82 TO 3105.90 4,324
OF THE REVISED CODE. 4,325
Sec. 3105.82. AN ORDER DESCRIBED IN SECTION 3105.81 OF THE 4,328
REVISED CODE SHALL MEET ALL OF THE FOLLOWING REQUIREMENTS: 4,330
(A) BE ON THE FORM CREATED UNDER SECTION 3105.90 OF THE 4,333
REVISED CODE; 4,334
(B) SET FORTH THE NAME AND ADDRESS OF THE PUBLIC 4,336
RETIREMENT PROGRAM SUBJECT TO THE ORDER OR, IF THE COURT 4,338
DETERMINES THAT THE PARTICIPANT HAS CONTRIBUTIONS ON DEPOSIT WITH 4,339
MORE THAN ONE PUBLIC RETIREMENT PROGRAM, THE NAME AND ADDRESS OF 4,340
EACH PUBLIC RETIREMENT PROGRAM THAT IS POTENTIALLY SUBJECT TO THE 4,341
ORDER;
(C) SET FORTH THE NAMES, SOCIAL SECURITY NUMBERS, AND 4,343
CURRENT ADDRESSES OF THE PARTICIPANT AND ALTERNATE PAYEE; 4,344
(D) SPECIFY THE AMOUNT TO BE PAID TO THE ALTERNATE PAYEE 4,346
AS ONE OF THE FOLLOWING: 4,347
(1) AS BOTH A MONTHLY DOLLAR AMOUNT SHOULD THE PARTICIPANT 4,349
ELECT A BENEFIT AND AS A ONE-TIME PAYMENT SHOULD THE PARTICIPANT 4,351
ELECT A LUMP SUM PAYMENT; 4,352
(2) AS A PERCENTAGE OF A FRACTION DETERMINED AS FOLLOWS OF 4,354
A MONTHLY BENEFIT OR LUMP SUM PAYMENT: 4,355
(a) THE NUMERATOR OF THE FRACTION SHALL BE THE NUMBER OF 4,357
YEARS DURING WHICH THE PARTICIPANT WAS BOTH A MEMBER OF A PUBLIC 4,358
RETIREMENT PROGRAM AND MARRIED TO THE ALTERNATE PAYEE. 4,359
(b) THE DENOMINATOR, WHICH SHALL BE DETERMINED BY THE 4,361
96
PUBLIC RETIREMENT PROGRAM AT THE TIME THE PARTICIPANT ELECTS TO 4,362
TAKE THE BENEFIT OR PAYMENT, SHALL BE THE PARTICIPANT'S TOTAL 4,363
YEARS OF SERVICE CREDIT OR, IN THE CASE OF A PARTICIPANT IN A 4,364
RETIREMENT PLAN ESTABLISHED UNDER CHAPTER 3305. OF THE REVISED 4,365
CODE, YEARS OF PARTICIPATION IN THE PLAN.
(E) IF THE PARTICIPANT IS ELIGIBLE FOR MORE THAN ONE 4,368
BENEFIT OR LUMP SUM PAYMENT, SPECIFY IN ACCORDANCE WITH DIVISION 4,369
(D) OF THIS SECTION THE AMOUNT, IF ANY, TO BE PAID TO THE 4,370
ALTERNATE PAYEE FROM EACH BENEFIT OR LUMP SUM PAYMENT. 4,372
(F) REQUIRE AN INDIVIDUAL WHO IS A PARTICIPANT OR 4,375
ALTERNATE PAYEE TO NOTIFY THE PUBLIC RETIREMENT PROGRAM IN 4,376
WRITING OF A CHANGE IN THE INDIVIDUAL'S MAILING ADDRESS; 4,378
(G) NOTIFY THE ALTERNATE PAYEE OF THE FOLLOWING: 4,380
(1) THE PAYEE'S RIGHT TO PAYMENT UNDER THE ORDER IS 4,382
CONDITIONAL ON THE PARTICIPANT'S RIGHT TO A BENEFIT PAYMENT OR 4,383
LUMP SUM PAYMENT;
(2) THE POSSIBLE REDUCTION UNDER SECTION 145.571, 742.462, 4,385
3307.371, 3309.671, OR 5505.261 OF THE REVISED CODE OF THE AMOUNT 4,386
PAID TO THE ALTERNATE PAYEE;
(3) THE POSSIBLE TERMINATION OF THE PAYEE'S RIGHTS AS 4,389
DESCRIBED IN SECTION 3105.86 OF THE REVISED CODE. 4,390
(H) APPLY TO PAYMENTS MADE BY THE PUBLIC RETIREMENT 4,392
PROGRAM AFTER RETENTION OF AN ORDER UNDER SECTION 145.571, 4,393
742.462, 3305.21, 3307.371, 3309.671, OR 5505.261 OF THE REVISED 4,394
CODE.
Sec. 3105.821. THE MONTHLY BENEFIT USED UNDER DIVISION 4,396
(D)(2) OF SECTION 3105.82 OF THE REVISED CODE TO DETERMINE THE 4,397
AMOUNT TO BE PAID AN ALTERNATE PAYEE FROM A MONTHLY BENEFIT SHALL 4,398
BE WHICHEVER OF THE FOLLOWING APPLIES:
(A) IF THE PARTICIPANT IS RECEIVING A MONTHLY BENEFIT, THE 4,400
MONTHLY BENEFIT SHALL BE THE BENEFIT THE PARTICIPANT IS RECEIVING 4,401
AT THE TIME THE DECREE OF DIVORCE OR DISSOLUTION BECOMES FINAL; 4,402
(B) IF THE PARTICIPANT HAS APPLIED FOR BUT IS NOT YET 4,404
RECEIVING A MONTHLY BENEFIT, THE MONTHLY BENEFIT SHALL BE THE 4,405
97
BENEFIT FOR WHICH THE PARTICIPANT IS ELIGIBLE; 4,406
(C) IF THE PARTICIPANT HAS NOT APPLIED FOR A BENEFIT, THE 4,408
MONTHLY BENEFIT SHALL BE THE BENEFIT CALCULATED AT THE TIME THE 4,409
PARTICIPANT ELECTS TO TAKE IT. 4,410
Sec. 3105.83. PAYMENTS UNDER AN ORDER DESCRIBED IN SECTION 4,413
3105.81 OF THE REVISED CODE SHALL COMMENCE AS PROVIDED UNDER 4,414
SECTION 145.571, 742.462, 3305.21, 3307.371, 3309.671, OR
5505.261 OF THE REVISED CODE. AN ALTERNATE PAYEE HAS NO RIGHT OR 4,415
PRIVILEGE UNDER SECTIONS 742.01 TO 742.61 OR CHAPTER 145., 3305., 4,417
3307., 3309., OR 5505. OF THE REVISED CODE THAT IS NOT PROVIDED 4,418
IN THOSE SECTIONS OR CHAPTERS. 4,419
AN ORDER DESCRIBED IN SECTION 3105.81 OF THE REVISED CODE 4,422
SHALL NOT REQUIRE A PUBLIC RETIREMENT PROGRAM TO TAKE ANY ACTION 4,425
OR PROVIDE ANY BENEFIT, ALLOWANCE, OR PAYMENT NOT AUTHORIZED 4,426
UNDER THE LAW GOVERNING THE PUBLIC RETIREMENT PROGRAM.
Sec. 3105.84. AN ORDER DESCRIBED IN SECTION 3105.81 OF THE 4,429
REVISED CODE SHALL AUTHORIZE THE BOARD OF THE PUBLIC RETIREMENT 4,430
PROGRAM THAT IS OR WILL BE PAYING THE BENEFIT OR LUMP SUM PAYMENT 4,431
TO WITHHOLD FROM ANY BENEFIT OR PAYMENT THAT IS SUBJECT TO AN
ORDER AN AMOUNT DETERMINED BY THE PUBLIC RETIREMENT PROGRAM TO BE 4,432
NECESSARY TO DEFRAY THE COST OF ADMINISTERING THE ORDER. THIS 4,434
AMOUNT SHALL BE DIVIDED EQUALLY BETWEEN THE PARTICIPANT AND THE 4,435
ALTERNATE PAYEE.
Sec. 3105.85. (A) THE TOTAL OF THE AMOUNTS DESCRIBED IN 4,437
DIVISION (D) OF SECTION 3105.82 AND SECTION 3105.84 OF THE 4,439
REVISED CODE SHALL NOT EXCEED FIFTY PER CENT OF THE AMOUNT OF A 4,441
BENEFIT OR LUMP SUM PAYMENT, OR IF WITHHOLDING IS TO BE MADE FROM 4,442
MORE THAN ONE BENEFIT OR LUMP SUM PAYMENT, FIFTY PER CENT OF THE 4,443
TOTAL OF THE BENEFITS OR LUMP SUM PAYMENTS. 4,444
(B) IF A PARTICIPANT'S BENEFIT OR LUMP SUM PAYMENT IS OR 4,447
WILL BE SUBJECT TO MORE THAN ONE ORDER DESCRIBED IN SECTION 4,448
3105.81 OF THE REVISED CODE, THE PUBLIC RETIREMENT PROGRAM SHALL 4,449
NOT WITHHOLD AN AGGREGATE AMOUNT FOR ALL THE ORDERS THAT EXCEEDS 4,450
FIFTY PER CENT OF THE BENEFIT OR LUMP SUM PAYMENT. 4,451
98
(C) IF A PARTICIPANT'S BENEFIT OR LUMP SUM PAYMENT IS OR 4,453
WILL BE SUBJECT TO AN ORDER DESCRIBED IN SECTION 3105.81 OF THE 4,455
REVISED CODE AND ONE OR MORE WITHHOLDING ORDERS UNDER SECTION
3111.23 OR 3113.21 OF THE REVISED CODE, THE PUBLIC RETIREMENT 4,457
PROGRAM SHALL NOT WITHHOLD FROM A BENEFIT OR LUMP SUM PAYMENT AN
AGGREGATE AMOUNT FOR ALL ORDERS DESCRIBED IN SECTION 3105.81 OF 4,458
THE REVISED CODE THAT EXCEEDS THE DIFFERENCE BETWEEN FIFTY PER 4,459
CENT OF THE BENEFIT OR PAYMENT AND THE PERCENTAGE OF THE BENEFIT 4,460
OR PAYMENT THAT IS OR WILL BE PAID UNDER ORDERS DESCRIBED IN 4,461
SECTION 3111.23 OR 3113.21 OF THE REVISED CODE.
(D) THE PUBLIC RETIREMENT PROGRAM THAT IS OR WILL BE 4,465
PAYING THE BENEFIT OR LUMP SUM PAYMENT SHALL ACT IN ACCORDANCE
WITH SECTION 145.571, 742.462, 3305.21, 3307.371, 3309.671, OR 4,466
5505.261 OF THE REVISED CODE.
Sec. 3105.86. AN ALTERNATE PAYEE'S RIGHTS UNDER AN ORDER 4,469
DESCRIBED IN SECTION 3105.81 OF THE REVISED CODE SHALL TERMINATE 4,470
ON THE EARLIER OF THE FOLLOWING: 4,471
(A) THE DEATH OF THE PARTICIPANT; 4,473
(B) THE DEATH OF THE ALTERNATE PAYEE; 4,475
(C) THE TERMINATION OF A BENEFIT PAID TO A PARTICIPANT 4,477
UNDER SECTIONS 742.01 TO 742.61 OR CHAPTER 145., 3305., 3307., 4,479
3309., OR 5505. OF THE REVISED CODE. 4,481
Sec. 3105.87. THE COURT MAY ORDER A PUBLIC RETIREMENT 4,483
PROGRAM TO PROVIDE INFORMATION FROM A PARTICIPANT'S PERSONAL 4,484
HISTORY RECORD NECESSARY TO DETERMINE THE AMOUNTS DESCRIBED IN 4,485
DIVISION (D) OF SECTION 3105.82 OF THE REVISED CODE. 4,486
Sec. 3105.88. THE CLERK OF COURTS SHALL TRANSMIT A 4,488
CERTIFIED COPY OF AN ORDER DESCRIBED IN SECTION 3105.81 OF THE 4,490
REVISED CODE TO EACH PUBLIC RETIREMENT PROGRAM NAMED IN THE
ORDER. IF THE CLERK OF COURTS FAILS TO TRANSMIT AN ORDER, THE 4,492
PUBLIC RETIREMENT PROGRAM NAMED IN THE ORDER IS NOT REQUIRED TO 4,493
ADMINISTER THE ORDER.
THE PUBLIC RETIREMENT PROGRAM SHALL RETAIN AN ORDER IN 4,495
ACCORDANCE WITH SECTION 145.571, 742.462, 3305.21, 3307.371, 4,496
99
3309.671, OR 5505.261 OF THE REVISED CODE.
IF THE PUBLIC RETIREMENT PROGRAM RETURNS TO THE CLERK OF 4,498
COURTS AN ORDER IN ACCORDANCE WITH SECTION 145.571, 742.462, 4,499
3305.21, 3307.371, 3309.671, OR 5505.261 OF THE REVISED CODE, THE 4,500
CLERK OF COURTS SHALL NOTIFY THE COUNSEL OF RECORD THAT THE ORDER 4,501
WAS NOT RETAINED BY THE PUBLIC RETIREMENT PROGRAM.
Sec. 3105.89. NOTWITHSTANDING DIVISION (I) OF SECTION 4,503
3105.171 OF THE REVISED CODE: 4,504
(A) THE COURT SHALL RETAIN JURISDICTION TO MODIFY, 4,506
SUPERVISE, OR ENFORCE THE IMPLEMENTATION OF AN ORDER DESCRIBED IN 4,507
SECTION 3105.81 OF THE REVISED CODE. 4,508
(B) THE COURT MAY MODIFY AN ORDER ISSUED UNDER SECTION 4,510
3105.171 OR 3105.65 OF THE REVISED CODE THAT WAS EFFECTIVE PRIOR 4,511
TO THE EFFECTIVE DATE OF THIS SECTION FOR THE PURPOSE OF 4,512
ENFORCING THE ORDER OR CARRYING INTO EFFECT THE MANIFEST 4,513
INTENTIONS OF THE PARTIES. A MODIFIED ORDER MUST MEET THE
REQUIREMENTS OF SECTION 3105.82 OF THE REVISED CODE. 4,514
Sec. 3105.90. THE STATE RETIREMENT SYSTEMS, THE OHIO STATE 4,516
BAR ASSOCIATION, AND THE OHIO DOMESTIC RELATIONS JUDGES 4,517
ASSOCIATION SHALL JOINTLY CREATE A FORM TO BE USED BY COURTS FOR 4,519
ORDERS DESCRIBED IN SECTION 3105.81 OF THE REVISED CODE. EACH 4,520
STATE RETIREMENT SYSTEM SHALL, BY RULE ADOPTED IN ACCORDANCE WITH 4,522
SECTION 111.15 OF THE REVISED CODE, ADOPT THE FORM CREATED UNDER 4,523
THIS SECTION. 4,524
Sec. 3111.20. (A) As used in sections 3111.20 to 3111.29 4,533
of the Revised Code: 4,534
(1) "Obligor" means the person required to pay support 4,536
under an administrative support order. 4,537
(2) "Obligee" means the person entitled to receive the 4,539
support payments under an administrative support order. 4,540
(3) "Administrative support order" means an administrative 4,542
order for the payment of support that is issued by a child 4,543
support enforcement agency. 4,544
(4) "Support" means child support. 4,546
100
(5) "Personal earnings" means compensation paid or payable 4,548
for personal services, however denominated, and includes, but is 4,549
not limited to, wages, salary, commissions, bonuses, draws 4,550
against commissions, profit sharing, and vacation pay. 4,551
(6) "Financial institution" means a bank, savings and loan 4,553
association, or credit union, or a regulated investment company 4,554
or mutual fund in which a person who is required to pay support 4,555
has funds on deposit that are not exempt under the law of this 4,556
state or the United States from execution, attachment, or other 4,557
legal process. 4,558
(7) "Title IV-D case" means any case in which the child 4,560
support enforcement agency is enforcing the support order 4,561
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 4,562
2351 (1975), 42 U.S.C. 651, as amended. 4,563
(8) "Payor" means any person or entity that distributes 4,566
income to an obligor including the obligor, if the obligor is 4,568
self-employed; an employer; an employer that is paying the 4,569
obligor's workers' compensation benefits; the public employees 4,570
retirement board; the governing entity of any municipal 4,571
retirement system; the board of trustees of the Ohio police and 4,573
fire pension fund; the state teachers retirement board; the 4,574
school employees retirement board; the state highway patrol 4,575
retirement board; A PROVIDER, AS DEFINED IN SECTION 3305.01 OF 4,577
THE REVISED CODE; a person paying or otherwise distributing an
obligor's income; the bureau of workers' compensation; or any 4,578
other person or entity, except the director of job and family 4,580
services with respect to unemployment compensation benefits paid 4,583
pursuant to Chapter 4141. of the Revised Code. 4,584
(9) "Income" means any form of monetary payment including 4,587
personal earnings; unemployment compensation benefits to the 4,588
extent permitted by, and in accordance with, sections 2301.371 4,589
and 4141.282 of the Revised Code, and federal law governing the 4,592
department of job and family services; workers' compensation 4,594
payments; pensions; annuities; allowances; retirement benefits; 4,596
101
disability or sick pay; insurance proceeds; lottery prize awards; 4,597
federal, state, or local government benefits to the extent that 4,598
the benefits can be withheld or deducted under the law governing 4,599
the benefits; any form of trust fund or endowment; lump-sum 4,600
payments; and any other monetary payments.
(B) A man who is presumed to be the natural father of a 4,603
child pursuant to section 3111.03 of the Revised Code assumes the 4,604
parental duty of support with respect to the child. 4,605
(C) Notwithstanding section 3109.01 of the Revised Code, a 4,607
parent's duty of support for a child shall continue beyond the 4,608
age of majority as long as the child continuously attends on a 4,609
full-time basis any recognized and accredited high school or a 4,611
court-issued child support order provides that the duty of
support continues beyond the age of majority. Except in cases in 4,612
which a child support order requires the duty of support to 4,613
continue for any period after the child reaches nineteen years of 4,614
age, the duty does not continue after the child reaches nineteen 4,615
years of age. The parental duty of support shall continue during 4,616
seasonal vacations. 4,617
A parent, guardian, or legal custodian of a child, the 4,619
person with whom the child resides, or the child support 4,620
enforcement agency of the county in which the child, parent, 4,621
guardian, or legal custodian of the child resides may file a 4,623
complaint pursuant to section 2151.231 of the Revised Code in the 4,624
juvenile court of that county requesting the court to order a 4,625
parent who neglects or does not assume the parental duty of 4,626
support to pay an amount for the support of the child and to 4,627
provide for the health care needs of the child, may contact a 4,629
child support enforcement agency for assistance in obtaining the 4,630
order, or may request an administrative officer of a child 4,631
support enforcement agency to issue an administrative order for 4,632
the payment of child support and providing for the health care 4,633
needs of the child pursuant to division (D) of this section. 4,634
Upon the filing of the complaint or the making of the request, 4,635
102
the court shall issue an order requiring the payment of support 4,636
for the child and providing for the health care needs of the 4,637
child, pursuant to section 2151.231 of the Revised Code, or the 4,638
administrative officer, pursuant to division (D) of this section, 4,639
shall issue an order requiring the payment of support for the 4,640
child and providing for the health care needs of the child. 4,641
A party to a request made under this division may raise the 4,643
issue of the existence or nonexistence of a parent-child 4,644
relationship between the presumed natural father and the child 4,645
unless the presumption is based on acknowledgment of paternity 4,646
that has become final pursuant to section 2151.232, 3111.211, or 4,647
5101.314 of the Revised Code. If a request is made for an 4,648
administrative order providing for support and health care needs 4,650
pursuant to division (D) of this section and the issue of the 4,652
existence or nonexistence of a parent-child relationship is
raised, the administrative officer shall treat the request as a 4,653
request made pursuant to section 3111.22 of the Revised Code and 4,654
determine the issue pursuant to that section. An administrative 4,655
order issued pursuant to division (D) of this section does not 4,657
preclude a party from requesting a determination of the issue of 4,658
the existence or nonexistence of a parent-child relationship 4,659
pursuant to this chapter if the issue was not determined with 4,661
respect to the party in the proceedings conducted pursuant to 4,662
division (D) of this section or pursuant to an acknowledgment of 4,663
paternity that has become final under section 2151.232, 3111.211, 4,664
or 5101.314 of the Revised Code. An order issued pursuant to 4,666
division (D) of this section shall remain effective until a final 4,667
and enforceable determination is made pursuant to this chapter 4,668
that a parent-child relationship does not exist between the 4,669
presumed natural father and the child or until the occurrence of 4,670
an event described in division (E)(4)(a) of section 3111.23 of 4,671
the Revised Code that requires the order to be terminated. 4,672
(D) If a request is made pursuant to division (C) of this 4,674
section or division (A) of section 3111.211 of the Revised Code 4,675
103
for an administrative order requiring the payment of child 4,677
support and providing for the health care needs of the child, the
administrative officer shall schedule an administrative hearing 4,679
to determine, in accordance with sections 3111.23 to 3111.29 and 4,680
3113.215 of the Revised Code, the amount of child support either 4,681
parent is required to pay, the method of paying that child 4,683
support, and the method of providing for the child's health care. 4,684
The hearing shall be held not later than sixty days after the 4,685
request is made pursuant to division (A) of this section or 4,687
division (A) of section 3111.211 of the Revised Code nor earlier 4,688
than thirty days after the officer gives the mother and father of 4,689
the child notice of the action. When an administrative officer 4,690
issues an administrative order for the payment of support and 4,691
provision for the child's health care, all of the following 4,692
apply:
(1) The administrative support order shall require 4,695
periodic payments of support that may vary in amount, except 4,697
that, if it is in the best interest of the child, the 4,698
administrative officer may order a lump sum payment or the 4,699
purchase of an annuity in lieu of periodic payments of support. 4,700
(2) The administrative support order shall require the 4,702
parents to provide for the health care needs of the child in 4,703
accordance with section 3111.241 of the Revised Code. 4,704
The administrative support order shall include a notice 4,706
stating that the mother or the father may object to the 4,708
administrative order by bringing an action for the payment of 4,709
support and provision for the child's health care under section 4,710
2151.321 of the Revised Code in the juvenile court of the county 4,711
in which the child or the guardian or legal custodian of the 4,712
child resides, that the action may be brought no later than 4,713
thirty days after the date of the issuance of the administrative 4,714
support order, and that, if neither the mother nor the father 4,715
brings an action for the payment of support and provision for the 4,716
child's health care within that thirty-day period, the 4,718
104
administrative support order is final and enforceable by a court 4,719
and may be modified and enforced only as provided in sections 4,720
3111.20 to 3111.28 and 3113.21 to 3113.219 of the Revised Code. 4,722
Sec. 3113.21. (A)(1) In any action in which support is 4,731
ordered under Chapter 3115. or under section 2151.23, 2151.231, 4,732
2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 4,733
3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the 4,734
Revised Code, the court shall require the withholding or 4,735
deduction of income or assets of the obligor in accordance with 4,736
division (D) of this section or require the issuance of another 4,737
type of appropriate court order in accordance with division 4,738
(D)(3) or (4) or (H) of this section to ensure that withholding 4,740
or deduction from the income or assets of the obligor is 4,741
available from the commencement of the support order for the 4,743
collection of the support and any arrearages that occur. The 4,744
court shall determine the specific withholding or deduction 4,745
requirements or other appropriate requirements applicable to the 4,746
obligor under the support order in accordance with divisions (D) 4,747
and (H) of this section and section 2301.371 of the Revised Code 4,748
and shall include the specific requirements in the notices 4,749
described in divisions (A)(2) and (D) of this section or in the 4,750
court orders described in divisions (A)(2), (D)(3) or (4), and 4,751
(H) of this section. Any person required to comply with any 4,753
withholding or deduction requirement shall determine the manner 4,754
of withholding or deducting from the specific requirement 4,755
included in the notices described in those divisions without the 4,756
need for any amendment to the support order, and any person 4,757
required to comply with a court order described in division 4,758
(D)(3), (D)(4), or (H) of this section shall comply with the 4,760
court order without the need for any amendment to the support 4,761
order. The court shall include in any action in which support is 4,762
ordered as described in division (A)(1) of this section a general 4,763
provision that states the following:
"All child support and spousal support under this order 4,766
105
shall be withheld or deducted from the income or assets of the 4,768
obligor pursuant to a withholding or deduction notice or 4,769
appropriate court order issued in accordance with section 3113.21 4,770
of the Revised Code or a withdrawal directive issued pursuant to 4,771
section 3113.214 of the Revised Code and shall be forwarded to 4,772
the obligee in accordance with sections 3113.21 to 3113.213 of 4,773
the Revised Code." 4,774
(2) In any action in which support is ordered or modified 4,776
as described in division (A)(1) of this section, the court shall 4,777
determine in accordance with divisions (D) and (H) of this 4,778
section the types of withholding or deduction requirements or 4,779
other appropriate requirements that should be imposed relative to 4,780
the obligor under the support order to collect the support due 4,781
under the order. Within fifteen days after the obligor under the 4,782
support order is located subsequent to the issuance of the 4,783
support order or within fifteen days after the default under the 4,785
support order, whichever is applicable, the court or the child 4,786
support enforcement agency, as determined by agreement of the 4,787
court and the agency, shall send a notice by regular mail to each 4,788
person required to comply with a withholding or deduction 4,789
requirement. The notice shall specify the withholding or 4,790
deduction requirement and shall contain all of the information 4,791
set forth in division (D)(1)(b) or (2)(b) of this section that is 4,792
applicable to the requirement. If the appropriate requirement is 4,794
an order of the type described in division (D)(3), (D)(4), or (H) 4,795
of this section, the court shall issue and send a court order in 4,796
accordance with that division. The notices and court orders, and 4,797
the notices provided by the court or child support enforcement 4,798
agency that require the obligor to notify the agency of any 4,799
change in the obligor's employment status or of any other change
in the status of the obligor's assets, are final and are 4,800
enforceable by the court. When the court or agency issues a 4,801
notice, it shall provide the notice to the obligor in accordance 4,802
with division (D)(1)(c) or (D)(2)(c) of this section, whichever 4,804
106
is applicable, and shall include with the notice the additional 4,805
notices described in the particular division that is applicable. 4,806
(3)(a) If support is ordered or modified on or after 4,808
December 31, 1993, under Chapter 3115. or under section 2151.23, 4,809
2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 4,811
3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 4,812
of the Revised Code, if the court has determined in accordance 4,813
with division (A)(2) of this section the types of withholding or 4,814
deduction requirements or other appropriate requirements that 4,815
should be imposed relative to the obligor under the support order 4,816
to collect the support due under the order, if the court or a 4,817
child support enforcement agency has mailed the appropriate 4,818
notice to the person required to comply with the withholding or 4,819
deduction requirements that the court has determined should be 4,820
imposed or the court has issued and sent a court order described 4,821
in division (D)(3), (D)(4), or (H) of this section containing the 4,823
other appropriate requirements that the court determined should 4,824
be imposed, and if the child support enforcement agency is 4,825
notified or otherwise determines that the employment status or 4,826
other circumstances of the obligor have changed and that it is 4,827
more appropriate to impose another type of or an additional 4,828
withholding or deduction requirement or another type of or 4,829
additional court order containing another appropriate
requirement, the agency immediately shall comply with section 4,830
3113.212 of the Revised Code. The notices and court orders 4,831
issued under this division and section 3113.212 of the Revised 4,832
Code, and the notices provided by the court or child support 4,833
enforcement agency that require the obligor to notify the agency 4,834
of any change in the obligor's employment status or of any other 4,835
change in the status of the obligor's assets, are final and are 4,837
enforceable by the court.
(b) All orders for support issued prior to December 31, 4,840
1993, under Chapter 3115. or under section 2151.23, 2151.231, 4,841
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 4,843
107
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 4,844
Code that have not been modified or subject to division (B) of 4,846
this section regarding a default under the order on or after that 4,847
date shall be considered to contain the general provision 4,848
described in division (A)(1) of this section and shall be 4,849
enforced and modified in the same manner as an order for support 4,850
issued on or after December 31, 1993.
(4) The department of job and family services shall adopt 4,852
standard forms for the support withholding and deduction notices 4,854
that are prescribed by divisions (A)(1) to (3) and (B) of this 4,855
section. All courts and child support enforcement agencies shall 4,856
use the forms in issuing withholding and deduction notices in 4,857
compliance with this section. 4,858
(B)(1)(a) In any action in which support is ordered under 4,860
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 4,861
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 4,863
3111.13, 3111.20, 3111.211, 3111.22, 3113.04, 3113.07, 3113.216, 4,864
or 3113.31 of the Revised Code and in which there has been a 4,865
default under the order, the court shall comply with divisions 4,866
(B)(1) to (6) of this section. 4,867
If the support was ordered prior to December 31, 1993, or 4,869
pursuant to section 3111.20, 3111.211, or 3111.22 of the Revised 4,871
Code, the court that issued the order, or in the case of an order 4,873
pursuant to section 3111.20, 3111.211, or 3111.22 of the Revised 4,874
Code, the common pleas court of the county in which the child 4,876
support enforcement agency that issued the order is located, 4,877
shall reissue the support order under which there has been a 4,878
default and shall include in the reissued order a general 4,879
provision as described in this division requiring the withholding 4,880
or deduction of income or assets of the obligor in accordance 4,882
with division (D) of this section or requiring the issuance of a 4,883
court order containing another type of appropriate requirement in 4,884
accordance with division (D)(3), (D)(4), or (H) of this section 4,886
to ensure that withholding or deduction from the income or assets 4,888
108
is available for the collection of current support and any 4,890
arrearages that occur. If the support was ordered pursuant to
section 3111.20, 3111.211, or 3111.22 of the Revised Code and the 4,892
support order includes a general provision similar to the one 4,893
described in this division, the court shall replace the similar 4,894
general provision with the general provision described in this 4,895
division. Except for the inclusion or replacement of the general 4,896
provision, the provisions of the reissued order required under 4,897
this division shall be identical to those of the support order 4,898
under which there has been a default. 4,899
When support has been ordered under any chapter or section 4,902
described in this division, the child support enforcement agency 4,903
shall initiate support withholding when the order is in default. 4,904
Immediately after the identification of a default under the 4,905
support order, the child support enforcement agency shall conduct 4,907
the investigation described in division (B)(1)(b) of this 4,908
section. Additionally, within fifteen calendar days after the 4,909
identification of a default under the support order, the child 4,910
support enforcement agency shall investigate the default and, if 4,911
it is before July 1, 1999, send advance notice to the obligor. 4,912
On and after that date, the division of child support in the 4,914
department of human JOB AND FAMILY services shall send the
advance notice to the obligor. The advance notice shall include 4,916
a notice describing the actions that may be taken against the 4,917
obligor pursuant to sections 2301.353, 2301.373, 2301.374, 4,919
2301.375, 2301.42 to 2301.45, and 3113.214 of the Revised Code if 4,920
the court or agency makes a final and enforceable determination 4,921
that the obligor is in default pursuant to this division. If the 4,923
location of the obligor is unknown at the time of the 4,924
identification of a default under the support order, the division 4,925
shall send the advance notice to the obligor within fifteen days 4,926
after the agency locates the obligor. The general provision for 4,927
the withholding or deduction of income or assets to be included 4,929
in the reissued support order specifically shall include the 4,930
109
following statement:
"All child support and spousal support under this order 4,933
shall be withheld or deducted from the income or assets of the 4,935
obligor pursuant to a withholding or deduction notice or 4,936
appropriate court order issued in accordance with section 3113.21 4,937
of the Revised Code or a withdrawal directive issued pursuant to
section 3113.214 of the Revised Code and shall be forwarded to 4,938
the obligee in accordance with sections 3113.21 to 3113.213 of 4,939
the Revised Code." 4,940
(b) After the identification of a default under a support 4,942
order as described in division (B)(1)(a) of this section, the 4,943
child support enforcement agency immediately shall conduct an 4,944
investigation to determine the employment status of the obligor, 4,945
the obligor's social security number, the name and business 4,946
address of the obligor's employer, whether the obligor is in 4,947
default under a support order, the amount of any arrearages, and 4,948
any other information necessary to enable the court or agency to 4,949
impose any withholding or deduction requirements and issue the 4,950
related notices described in division (D) of this section or to 4,951
issue any court orders described in division (D)(3) or (4) of 4,953
this section. The agency also shall conduct an investigation 4,954
under this division when required by division (C)(1)(a) or (b) of 4,955
this section, shall complete the investigation within twenty days 4,956
after the obligor or obligee files the motion with the court 4,957
under division (C)(1)(a) of this section or the court orders the 4,958
investigation under division (C)(1)(b) of this section. 4,959
(2) An advance notice to an obligor required by division 4,961
(B)(1) of this section shall contain all of the following: 4,962
(a) A statement of the date on which the advance notice is 4,964
sent, the amount of arrearages owed by the obligor as determined 4,965
by the court or the child support enforcement agency, the types 4,966
of withholding or deduction requirements and related notices 4,967
described in division (D) of this section or the types of court 4,968
orders described in division (D)(3), (D)(4), or (H) of this 4,970
110
section that will be issued to pay support and any arrearages, 4,971
and the amount that will be withheld or deducted pursuant to 4,972
those requirements; 4,973
(b) A statement that any notice for the withholding or 4,975
deduction of an amount from income or assets apply to all current 4,977
and subsequent payors of the obligor and financial institutions 4,979
in which the obligor has an account and that any withholding or 4,980
deduction requirement and related notice described in division 4,981
(D) of this section or any court order described in division 4,982
(D)(3), (D)(4), or (H) of this section that is issued will not be 4,984
discontinued solely because the obligor pays any arrearages; 4,985
(c) An explanation of the administrative and court action 4,987
that will take place if the obligor contests the inclusion of any 4,988
of the provisions; 4,989
(d) A statement that the contents of the advance notice 4,991
are final and are enforceable by the court unless the obligor 4,992
files with the child support enforcement agency, within seven 4,993
days after the date on which the advance notice is sent, a 4,994
written request for an administrative hearing to determine if a 4,995
mistake of fact was made in the notice. 4,996
(3) If the obligor requests a hearing regarding the 4,998
advance notice in accordance with division (B)(2)(d) of this 4,999
section, the child support enforcement agency shall conduct an 5,000
administrative hearing no later than ten days after the date on 5,001
which the obligor files the request for the hearing. No later 5,002
than five days before the date on which the hearing is to be 5,003
conducted, the agency shall send the obligor and the obligee 5,004
written notice of the date, time, place, and purpose of the 5,005
hearing. The notice to the obligor and obligee also shall 5,006
indicate that the obligor may present testimony and evidence at 5,007
the hearing only in regard to the issue of whether a mistake of 5,008
fact was made in the advance notice. 5,009
At the hearing, the child support enforcement agency shall 5,011
determine whether a mistake of fact was made in the advance 5,012
111
notice. If it determines that a mistake of fact was made, the 5,013
agency shall determine the provisions that should be changed and 5,014
included in a corrected notice and shall correct the advance 5,015
notice accordingly. The agency shall send its determinations to 5,016
the obligor. The agency's determinations are final and are 5,017
enforceable by the court unless, within seven days after the 5,018
agency makes its determinations, the obligor files a written 5,019
motion with the court for a court hearing to determine if a 5,020
mistake of fact still exists in the advance notice or corrected 5,021
advance notice. 5,022
(4) If, within seven days after the agency makes its 5,024
determinations under division (B)(3) of this section, the obligor 5,025
files a written motion for a court hearing to determine if a 5,026
mistake of fact still exists in the advance notice or the 5,027
corrected advance notice, the court shall hold a hearing on the 5,028
request as soon as possible, but no later than ten days, after 5,029
the request is filed. If the obligor requests a court hearing, 5,030
no later than five days before the date on which the court 5,031
hearing is to be held, the court shall send the obligor and the 5,032
obligee written notice by ordinary mail of the date, time, place, 5,033
and purpose of the court hearing. The hearing shall be limited 5,034
to a determination of whether there is a mistake of fact in the 5,035
advance notice or the corrected advance notice. 5,036
If, at a hearing conducted under this division, the court 5,038
detects a mistake of fact in the advance notice or the corrected 5,039
advance notice, it immediately shall correct the notice. 5,040
(5) Upon exhaustion of all rights of the obligor to 5,042
contest the withholding or deduction on the basis of a mistake of 5,043
fact and no later than the expiration of forty-five days after 5,044
the issuance of the advance notice under division (B)(1) of this 5,045
section, the court or child support enforcement agency shall 5,046
issue one or more notices requiring withholding or deduction of 5,047
income or assets of the obligor in accordance with divisions 5,049
(A)(2) and (D) of this section, or the court shall issue one or 5,050
112
more court orders imposing other appropriate requirements in 5,051
accordance with division (A)(2) and division (D)(3), (D)(4), or 5,053
(H) of this section. Thereafter, section 3113.212 of the Revised 5,054
Code applies in relation to the issuance of the notices and court 5,055
orders. The notices and court orders issued under this division 5,056
or section 3113.212 of the Revised Code are final and are 5,057
enforceable by the court. The court or agency shall send to the 5,058
obligor by ordinary mail a copy of the withholding or deduction 5,059
notice, in accordance with division (D) of this section. The 5,060
failure of the court or agency to give the notice required by 5,061
this division does not affect the ability of any court to issue 5,062
any notice or order under this section or any other section of 5,063
the Revised Code for the payment of support, does not provide any 5,064
defense to any notice or order for the payment of support that is 5,065
issued under this section or any other section of the Revised 5,066
Code, and does not affect any obligation to pay support. 5,067
(6) The department of job and family services shall adopt 5,069
standard forms for the advance notice prescribed by divisions 5,071
(B)(1) to (5) of this section. All courts and child support 5,072
enforcement agencies shall use those forms, and the support 5,073
withholding and deduction notice forms adopted under division 5,074
(A)(4) of this section, in complying with this section. 5,075
(C)(1) In any action in which support is ordered under 5,077
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 5,078
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 5,080
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 5,082
Code, all of the following apply:
(a) The obligor or obligee under the order may file a 5,084
motion with the court that issued the order requesting the 5,085
issuance of one or more withholding or deduction notices as 5,086
described in division (D) of this section to pay the support due 5,087
under the order. The motion may be filed at any time after the 5,088
support order is issued. Upon the filing of a motion pursuant to 5,089
this division, the child support enforcement agency immediately 5,090
113
shall conduct, and shall complete within twenty days after the 5,091
motion is filed, an investigation in accordance with division 5,092
(B)(1)(b) of this section. Upon the completion of the 5,093
investigation and the filing of the agency's report under 5,094
division (B)(1)(b) of this section, the court shall issue one or 5,095
more appropriate orders described in division (D) of this 5,096
section. 5,097
(b) If any proceedings involving the support order are 5,099
commenced in the court and if the court has not issued any orders 5,100
under division (D) of this section as it existed prior to 5,102
December 31, 1993, with respect to the support order, if the 5,103
court determines that any orders issued under division (D) of 5,104
this section as it existed prior to December 31, 1993, no longer 5,106
are appropriate, if the court on or after December 31, 1993, has 5,108
not modified or reissued the support order under division (A) or 5,110
(B) of this section and issued any notices under division (D) or 5,111
court orders under division (D)(3) or (4) of this section, or if 5,113
the court on or after December 31, 1993, has modified or reissued 5,115
the support order under division (A) or (B) of this section and 5,116
issued one or more notices under division (D) or one or more 5,117
court orders under division (D)(3) or (4) of this section but 5,119
determines that the notices or court orders no longer are 5,120
appropriate, the court, prior to or during any hearings held with 5,121
respect to the proceedings and prior to the conclusion of the 5,122
proceedings, shall order the child support enforcement agency to 5,123
conduct an investigation pursuant to division (B)(1)(b) of this 5,124
section. Upon the filing of the findings of the agency following 5,125
the investigation, the court, as necessary, shall issue one or 5,126
more notices described in division (D) or one or more court 5,127
orders described in division (D)(3) or (4) of this section or 5,129
modify any notices previously issued under division (D) or any 5,130
court orders previously issued under division (D)(3) or (4) of 5,132
this section.
(c)(i) If a child support enforcement agency, in 5,134
114
accordance with section 3113.216 of the Revised Code, requests 5,135
the court to issue a revised child support order in accordance 5,136
with a revised amount of child support calculated by the agency, 5,137
the court shall proceed as described in this division. If 5,138
neither the obligor nor the obligee requests a court hearing on 5,139
the revised amount of child support, the court shall issue a 5,140
revised child support order requiring the obligor to pay the 5,141
revised amount of child support calculated by the agency. 5,142
However, if the obligor or the obligee requests a court hearing 5,143
on the revised amount of child support calculated by the agency, 5,144
the court, in accordance with division (C)(1)(c)(ii) of this 5,145
section, shall schedule and conduct a hearing to determine if the 5,146
revised amount of child support is the appropriate amount and if 5,147
the amount of child support being paid under the child support 5,148
order otherwise should be revised. 5,149
(ii) If the court is required to schedule and conduct a 5,151
hearing pursuant to division (C)(1)(c)(i) of this section, the 5,152
court shall give the obligor, obligee, and agency at least thirty 5,153
days' notice of the date, time, and location of the hearing; 5,154
order the obligor to provide the court with a copy of the 5,155
obligor's federal income tax return from the previous year, a 5,156
copy of all pay stubs obtained by the obligor within the 5,157
preceding six months, a copy of all other records evidencing the 5,159
receipt of any other salary, wages, or compensation by the
obligor within the preceding six months, a list of the group 5,160
health insurance and health care policies, contracts, and plans 5,161
available to the obligor and their costs, and the current health 5,162
insurance or health care policy, contract, or plan under which 5,163
the obligor is enrolled and its cost, if the obligor failed to 5,164
provide any of those documents to the agency, and order the 5,165
obligee to provide the court with a copy of the obligee's federal 5,166
income tax return from the previous year, a copy of all pay stubs 5,167
obtained by the obligee within the preceding six months, a copy 5,169
of all other records evidencing the receipt of any other salary, 5,170
115
wages, or compensation by the obligee within the preceding six 5,171
months, a list of the group health insurance and health care
policies, contracts, and plans available to the obligee and their 5,172
costs, and the current health insurance or health care policy, 5,173
contract, or plan under which the obligee is enrolled and its 5,174
cost, if the obligee failed to provide any of those documents to 5,176
the agency; give the obligor and the obligee notice that any 5,177
willful failure to comply with that court order is contempt of 5,178
court and, upon a finding by the court that the party is in 5,179
contempt of court, the court and the agency will take any action 5,180
necessary to obtain the information or make any reasonable 5,181
assumptions necessary with respect to the information the person 5,183
in contempt of court did not provide to ensure a fair and
equitable review of the child support order; issue a revised 5,185
child support order requiring the obligor to pay the revised 5,186
amount of child support calculated by the agency, if the court 5,187
determines at the hearing that the revised amount of child 5,188
support calculated by the agency is the appropriate amount; and 5,189
determine the appropriate amount of child support and, if 5,190
necessary, issue a revised child support order requiring the 5,191
obligor to pay the amount of child support determined by the 5,192
court, if the court determines that the revised amount of child 5,193
support calculated by the agency is not the appropriate amount. 5,194
(iii) In determining, at a hearing conducted under 5,196
divisions (C)(1)(c)(i) and (ii) of this section, the appropriate 5,197
amount of child support to be paid by the obligor, the court 5,198
shall consider, in addition to all other factors required by law 5,199
to be considered, the appropriate person, whether it is the 5,200
obligor, obligee, or both, to be required in accordance with 5,201
section 3113.217 of the Revised Code to provide health insurance 5,203
coverage for the children specified in the order, and the cost of 5,204
health insurance which the obligor, the obligee, or both have 5,205
been ordered in accordance with section 3113.217 of the Revised 5,206
Code to obtain for the children specified in the order. 5,207
116
(d)(i) An obligee under a child support order may file a 5,210
motion with the court that issued the order requesting the court 5,211
to modify the order to require the obligor to obtain health 5,212
insurance coverage for the children who are the subject of the 5,213
order, and an obligor under a child support order may file a 5,214
motion with the court that issued the order requesting the court 5,215
to modify the order to require the obligee to obtain health 5,216
insurance coverage for those children. Upon the filing of such a 5,217
motion, the court shall order the child support enforcement 5,218
agency to conduct an investigation to determine whether the 5,219
obligor or obligee has satisfactory health insurance coverage for 5,220
the children. Upon completion of its investigation, the agency 5,221
shall inform the court, in writing, of its determination. If the 5,222
court determines that neither the obligor nor the obligee has 5,223
satisfactory health insurance coverage for the children, it shall 5,224
modify the child support order in accordance with section 5,226
3113.217 of the Revised Code.
(ii) An obligor or obligee under a child support order may 5,229
file a motion with the court that issued the order requesting the 5,230
court to modify the amount of child support required to be paid 5,231
under the order because that amount does not adequately cover the 5,232
medical needs of the child. Upon the filing of such a motion, 5,233
the court shall determine whether the amount of child support 5,234
required to be paid under the order adequately covers the medical 5,235
needs of the child and whether to modify the order, in accordance 5,236
with division (B)(4) of section 3113.215 of the Revised Code. 5,237
(e) Whenever a court modifies, reviews, or otherwise 5,239
reconsiders a child support order, it may reconsider which parent 5,240
may claim the children who are the subject of the child support 5,241
order as dependents for federal income tax purposes as set forth 5,242
in section 151 of the "Internal Revenue Code of 1986," 100 Stat. 5,243
2085, 26 U.S.C. 1, as amended, and shall issue its determination 5,244
on this issue as part of the child support order. The court in 5,245
its order may permit the parent who is not the residential parent 5,246
117
and legal custodian to claim the children as dependents for 5,247
federal income tax purposes only if the payments for child 5,248
support are current in full as ordered by the court for the year 5,249
in which the children will be claimed as dependents. If the 5,250
court determines that the parent who is not the residential 5,251
parent and legal custodian may claim the children as dependents 5,252
for federal income tax purposes, it shall order the residential 5,253
parent to take whatever action is necessary pursuant to section 5,254
152 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 5,255
U.S.C. 1, as amended, to enable the parent who is not the 5,256
residential parent and legal custodian to claim the children as 5,257
dependents for federal income tax purposes in accordance with the 5,258
order of the court. Any willful failure of the residential 5,259
parent to comply with the order of the court is contempt of 5,260
court. 5,261
(f) When issuing or modifying a child support order, the 5,264
court shall include in the order all of the requirements, 5,265
specifications, and statements described in division (B) of 5,266
section 3113.218 of the Revised Code. If the obligor or obligee 5,267
does not request a court hearing on the revised amount of child 5,268
support determined by the agency and filed with the court 5,269
pursuant to section 3113.216 of the Revised Code and the court 5,271
modifies the order to include the revised amount pursuant to 5,272
division (C)(1)(c)(i) of this section, the modification shall 5,274
relate back to the first day of the month following the date 5,275
certain on which the review of the child support order began
pursuant to division (C)(1)(a) of section 3113.216 of the Revised 5,276
Code. If the obligor or obligee requests a court hearing on the 5,277
revised amount of child support pursuant to this section and 5,278
section 3113.216 of the Revised Code and the court, after 5,280
conducting a hearing, modifies the child support amount under the 5,281
order, the modification shall relate back to the first day of the 5,283
month following the date certain on which the review of the child 5,284
support order began pursuant to division (C)(1)(a) of section 5,285
118
3113.216 of the Revised Code. 5,286
(2) In any action in which a support order is issued under 5,288
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 5,290
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 5,291
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 5,292
Code, the court issuing the order also shall conduct a hearing, 5,293
prior to or at the time of the issuance of the support order, to 5,294
determine the employment status of the obligor, the obligor's 5,295
social security number, the name and business address of the 5,296
obligor's employer, and any other information necessary to enable 5,297
the court or a child support enforcement agency to issue any 5,298
withholding or deduction notice described in division (D) of this 5,299
section or for the court to issue a court order described in 5,300
division (D)(3) or (4) of this section. The court, prior to the 5,302
hearing, shall give the obligor notice of the hearing that shall 5,304
include the date on which the notice is given and notice that the 5,305
obligor is subject to a requirement for the withholding of a 5,306
specified amount from income if employed and to one or more other 5,307
types of withholding or deduction requirements described in 5,308
division (D) of this section or one or more types of court orders 5,309
described in division (D)(3) or (4) of this section and that the 5,312
obligor may present evidence and testimony at the hearing to 5,313
prove that any of the requirements would not be proper because of 5,314
a mistake of fact. 5,315
The court or child support enforcement agency, immediately 5,317
upon the court's completion of the hearing, shall issue one or 5,318
more of the types of notices described in division (D) of this 5,319
section imposing a withholding or deduction requirement, or the 5,320
court shall issue one or more types of court orders described in 5,321
division (D)(3) or (4) of this section. 5,322
(D) If a court or child support enforcement agency is 5,324
required under division (A), (B), or (C) of this section or any 5,325
other section of the Revised Code to issue one or more 5,326
withholding or deduction notices described in this division or 5,327
119
court orders described in division (D)(3) or (4) of this section, 5,329
the court shall issue one or more of the following types of 5,330
notices or court orders, or the agency shall issue one or more of 5,331
the following types of notices to pay the support required under 5,332
the support order in question and also, if required by any of 5,333
those divisions, any other section of the Revised Code, or the 5,334
court, to pay any arrearages: 5,335
(1)(a) If the court or the child support enforcement 5,337
agency determines that the obligor is receiving income from a 5,339
payor, the court or agency shall require the obligor's payor to 5,340
withhold from the obligor's income a specified amount for support 5,343
in satisfaction of the support order, to begin the withholding no 5,344
later than fourteen working days following the date the notice 5,346
was mailed to the employer under divisions (A)(2) or (B) and 5,347
(D)(1)(b) of this section or, if the payor is an employer, no 5,349
later than the first pay period that occurs after fourteen 5,350
working days following the date the notice was mailed, to send 5,351
the amount withheld to the division of child support in the 5,353
department of job and family services pursuant to section 5,355
5101.325 of the Revised Code, to send that amount to the division 5,357
immediately but not later than seven days after the date the 5,358
obligor is paid, and to continue the withholding at intervals 5,359
specified in the notice until further notice from the court or 5,360
child support enforcement agency. To the extent possible, the 5,361
amount specified in the notice to be withheld shall satisfy the 5,363
amount ordered for support in the support order plus any 5,364
arrearages that may be owed by the obligor under any prior 5,365
support order that pertained to the same child or spouse, 5,366
notwithstanding any applicable limitations of sections 2329.66, 5,368
2329.70, 2716.02, 2716.041, and 2716.05 of the Revised Code. 5,370
However, in no case shall the sum of the amount specified in the 5,371
notice to be withheld and any fee withheld by the payor as a 5,373
charge for its services exceed the maximum amount permitted under 5,374
section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 5,375
120
1673(b).
(b) If the court or agency imposes a withholding 5,377
requirement under division (D)(1)(a) of this section, it, within 5,378
the applicable period of time specified in division (A), (B), or 5,379
(C) of this section, shall send to the obligor's payor by regular 5,382
mail a notice that contains all of the information set forth in 5,383
divisions (D)(1)(b)(i) to (xi) of this section. The notice is 5,384
final and is enforceable by the court. The notice shall contain 5,385
all of the following:
(i) The amount to be withheld from the obligor's income 5,387
and a statement that the amount actually withheld for support and 5,389
other purposes, including the fee described in division 5,390
(D)(1)(b)(xi) of this section, shall not be in excess of the 5,391
maximum amounts permitted under section 303(b) of the "Consumer 5,392
Credit Protection Act," 15 U.S.C. 1673(b); 5,393
(ii) A statement that the payor is required to send the 5,396
amount withheld to the division of child support immediately, but 5,398
not later than seven working days, after the obligor is paid and 5,400
is required to report to the agency the date on which the amount 5,401
was withheld from the obligor's income; 5,402
(iii) A statement that the withholding is binding upon the 5,404
payor until further notice from the agency; 5,405
(iv) A statement that if the payor is an employer, the 5,408
payor is subject to a fine to be determined under the law of this 5,409
state for discharging the obligor from employment, refusing to 5,410
employ the obligor, or taking any disciplinary action against the 5,411
obligor because of the withholding requirement; 5,412
(v) A statement that, if the payor fails to withhold 5,414
income in accordance with the provisions of the notice, the payor 5,416
is liable for the accumulated amount the payor should have 5,418
withheld from the obligor's income;
(vi) A statement that the withholding in accordance with 5,420
the notice and under the provisions of this section has priority 5,421
over any other legal process under the law of this state against 5,422
121
the same income; 5,423
(vii) The date on which the notice was mailed and a 5,425
statement that the payor is required to implement the withholding 5,427
no later than fourteen working days following the date the notice 5,428
was mailed or, if the payor is an employer, no later than the 5,429
first pay period that occurs after fourteen working days 5,430
following the date the notice was mailed and is required to 5,431
continue the withholding at the intervals specified in the 5,432
notice;
(viii) A requirement that the payor promptly notify the 5,434
child support enforcement agency, in writing, within ten working 5,435
days after the date of any situation that occurs including 5,437
termination of employment, layoff of the obligor from employment, 5,438
any leave of absence of the obligor from employment without pay, 5,439
termination of workers' compensation benefits, or termination of 5,440
any pension, annuity, allowance, or retirement benefit, in which 5,442
the payor ceases to pay income in an amount sufficient to comply 5,445
with the order to the obligor, provide the agency with the 5,446
obligor's last known address, notify the agency of any new
employer or income source, if known, and provide the agency with 5,448
any new employer's or income source's name, address, and 5,449
telephone number, if known; 5,450
(ix) A requirement that, if the payor is an employer, the 5,453
payor identify in the notification given under division 5,454
(D)(1)(b)(viii) of this section any types of benefits other than 5,455
personal earnings that the obligor is receiving or is eligible to 5,456
receive as a benefit of employment or as a result of the 5,457
obligor's termination of employment, including, but not limited 5,458
to, unemployment compensation, workers' compensation benefits, 5,459
severance pay, sick leave, lump-sum LUMP SUM payments of 5,460
retirement benefits or contributions, and bonuses or 5,461
profit-sharing payments or distributions, and the amount of such 5,462
benefits, and include in the notification the obligor's last 5,463
known address and telephone number, date of birth, social 5,464
122
security number, and court case number and, if known, the name 5,465
and business address of any new employer of the obligor;
(x) A requirement that, no later than the earlier of 5,467
forty-five days before the lump-sum LUMP SUM payment is to be 5,468
made or, if the obligor's right to the lump-sum LUMP SUM payment 5,469
is determined less than forty-five days before it is to be made, 5,470
the date on which that determination is made, the payor notify 5,471
the child support enforcement agency of any lump-sum LUMP SUM 5,473
payments of any kind of one hundred fifty dollars or more that 5,474
are to be paid to the obligor, hold the lump-sum LUMP SUM 5,476
payments of one hundred fifty dollars or more for thirty days 5,478
after the date on which the lump-sum LUMP SUM payments otherwise
would have been paid to the obligor and, upon order of the court, 5,480
pay any specified amount of the lump-sum LUMP SUM payment to the 5,481
division of child support;
(xi) A statement that, in addition to the amount withheld 5,483
for support, the payor may withhold a fee from the obligor's 5,485
income as a charge for its services in complying with the notice 5,488
and a specification of the amount that may be withheld.
(c) The court or agency shall send the notice described in 5,490
division (D)(1)(b) of this section to the obligor and shall 5,491
attach to the notice an additional notice requiring the obligor 5,492
immediately to notify the child support enforcement agency, in 5,493
writing, of any change in the obligor's income source and of the 5,494
availability of any other sources of income that can be the 5,496
subject of any withholding or deduction requirement described in 5,497
division (D) of this section. The court or agency shall serve 5,498
the notices upon the obligor at the same time as service of the 5,499
support order or, if the support order previously has been 5,500
issued, shall send the notices to the obligor by regular mail at 5,501
the last known address at the same time that it sends the notice 5,502
described in division (D)(1)(b) of this section to the payor. 5,503
The notification required of the obligor shall include a 5,504
description of the nature of any new employment or income source, 5,505
123
the name, business address, and telephone number of any new 5,506
employer or income source, and any other information reasonably 5,508
required by the court. No obligor shall fail to give the 5,509
notification required by division (D)(1)(c) of this section. 5,510
(2)(a) If the court or child support enforcement agency 5,512
determines that the obligor has funds on deposit in any account 5,513
in a financial institution under the jurisdiction of the court, 5,514
the court or agency may require any financial institution in 5,515
which the obligor's funds are on deposit to deduct from the 5,516
obligor's account a specified amount for support in satisfaction 5,517
of the support order, to begin the deduction no later than 5,518
fourteen working days following the date the notice was mailed to 5,519
the financial institution under divisions (A)(2) or (B) and 5,520
(D)(2)(b) of this section, to send the amount deducted to the 5,522
division of child support in the department of job and family 5,524
services pursuant to section 5101.325 of the Revised Code, to 5,525
send that amount to the division immediately but not later than 5,527
seven working days after the date the latest deduction was made, 5,529
to provide the date on which the amount was deducted, and to 5,530
continue the deduction at intervals specified in the notice until 5,531
further notice from the court or child support enforcement 5,532
agency. To the extent possible, the amount specified in the 5,534
notice to be deducted shall satisfy the amount ordered for 5,535
support in the support order plus any arrearages that may be owed 5,536
by the obligor under any prior support order that pertained to 5,537
the same child or spouse, notwithstanding the limitations of 5,538
sections 2329.66, 2329.70, and 2716.13 of the Revised Code. 5,539
(b) If the court or agency imposes a withholding 5,541
requirement under division (D)(2)(a) of this section, it, within 5,543
the applicable period of time specified in division (A), (B), or 5,544
(C) of this section, shall send to the financial institution by 5,545
regular mail a notice that contains all of the information set 5,546
forth in divisions (D)(2)(b)(i) to (viii) of this section. The 5,548
notice is final and is enforceable by the court. The notice 5,549
124
shall contain all of the following: 5,550
(i) The amount to be deducted from the obligor's account; 5,552
(ii) A statement that the financial institution is 5,554
required to send the amount deducted to the division of child 5,555
support immediately, but not later than seven working days, after 5,558
the date the last deduction was made and is required to report to 5,559
the child support enforcement agency the date on which the amount 5,560
was deducted from the obligor's account; 5,561
(iii) A statement that the deduction is binding upon the 5,563
financial institution until further notice from the court or 5,564
agency; 5,565
(iv) A statement that the withholding in accordance with 5,567
the notice and under the provisions of this section has priority 5,568
over any other legal process under the law of this state against 5,569
the same account; 5,570
(v) The date on which the notice was mailed and a 5,572
statement that the financial institution is required to implement 5,573
the deduction no later than fourteen working days following the 5,574
date the notice was mailed and is required to continue the 5,575
deduction at the intervals specified in the notice; 5,576
(vi) A requirement that the financial institution promptly 5,578
notify the child support enforcement agency, in writing, within 5,579
ten days after the date of any termination of the account from 5,580
which the deduction is being made and notify the agency, in 5,581
writing, of the opening of a new account at that financial 5,582
institution, the account number of the new account, the name of 5,583
any other known financial institutions in which the obligor has 5,584
any accounts, and the numbers of those accounts; 5,585
(vii) A requirement that the financial institution include 5,587
in all notices the obligor's last known mailing address, last 5,588
known residence address, and social security number; 5,589
(viii) A statement that, in addition to the amount 5,591
deducted for support, the financial institution may deduct a fee 5,592
from the obligor's account as a charge for its services in 5,593
125
complying with the notice and a specification of the amount that 5,594
may be deducted. 5,595
(c) The court or agency shall send the notice described in 5,597
division (D)(2)(b) of this section to the obligor and shall 5,598
attach to the notice an additional notice requiring the obligor 5,599
immediately to notify the child support enforcement agency, in 5,600
writing, of any change in the status of the account from which 5,601
the amount of support is being deducted or the opening of a new 5,602
account with any financial institution, of commencement of 5,603
employment, including self-employment, or of the availability of 5,604
any other sources of income that can be the subject of any 5,605
withholding or deduction requirement described in division (D) of 5,606
this section. The court or agency shall serve the notices upon 5,607
the obligor at the same time as service of the support order or, 5,608
if the support order previously has been issued, shall send the 5,609
notices to the obligor by regular mail at the last known address 5,610
at the same time that it sends the notice described in division 5,611
(D)(2)(b) of this section to the financial institution. The 5,613
additional notice also shall specify that upon commencement of 5,615
employment, the obligor may request the court or child support 5,616
enforcement agency to cancel its financial institution account 5,617
deduction notice and instead issue a notice requiring the
withholding of an amount from personal earnings for support in 5,619
accordance with division (D)(1) of this section and that upon
commencement of employment the court may cancel its financial 5,620
institution account deduction notice under division (D)(2)(b) of 5,622
this section and instead will issue a notice requiring the 5,623
withholding of an amount from personal earnings for support in 5,625
accordance with division (D)(1) of this section. The
notification required of the obligor shall include a description 5,626
of the nature of any new accounts opened at a financial 5,627
institution under the jurisdiction of the court, the name and 5,628
business address of that financial institution, a description of 5,629
the nature of any new employment or income source, the name, 5,630
126
business address, and telephone number of any new employer or 5,632
income source, and any other information reasonably required by 5,634
the court.
(3) The court may issue an order requiring the obligor to 5,636
enter into a cash bond with the court. The court shall issue the 5,637
order as part of the support order or, if the support order 5,638
previously has been issued, as a separate order. Any cash bond 5,639
so required shall be in a sum fixed by the court at not less than 5,640
five hundred nor more than ten thousand dollars, conditioned that 5,641
the obligor will make payment as previously ordered and will pay 5,642
any arrearages under any prior support order that pertained to 5,643
the same child or spouse. The order, along with an additional 5,644
order requiring the obligor to immediately notify the child 5,645
support enforcement agency, in writing, if the obligor begins to 5,646
receive income from a payor, shall be attached to, and shall be 5,648
served upon the obligor at the same time as service of, the 5,649
support order or, if the support order previously has been
issued, as soon as possible after the issuance of the order under 5,650
this division. The additional order also shall specify that when 5,651
the obligor begins to receive income from a payor the obligor may 5,653
request the court to cancel its bond order and instead issue a 5,654
notice requiring the withholding of an amount from income for 5,657
support in accordance with division (D)(1) of this section and 5,658
that when the obligor begins to receive income from a payor the 5,659
court will proceed to collect on the bond, if the court 5,660
determines that payments due under the support order have not 5,661
been made and that the amount that has not been paid is at least 5,662
equal to the support owed for one month under the support order, 5,663
and will issue a notice requiring the withholding of an amount 5,664
from income for support in accordance with division (D)(1) of 5,667
this section. The notification required of the obligor shall
include a description of the nature of any new employment, the 5,668
name and business address of any new employer, and any other 5,669
information reasonably required by the court. 5,670
127
The court shall not order an obligor to post a cash bond 5,672
under this division unless the court determines that the obligor 5,673
has the ability to do so. A child support enforcement agency 5,674
shall not issue an order of the type described in this division. 5,675
If a child support enforcement agency is required to issue a 5,676
withholding or deduction notice under division (D) of this 5,677
section but the agency determines that no notice of the type 5,678
described in division (D)(1) or (2) of this section would be 5,680
appropriate, the agency may request the court to issue a court 5,681
order under this division, and, upon the request, the court may 5,682
issue an order as described in this division. 5,683
(4) If the obligor is unemployed, has no income, and does 5,685
not have an account at any financial institution, or on request 5,686
of a child support enforcement agency made under section 3111.231 5,687
of the Revised Code, the court shall issue an order requiring the 5,689
obligor, if able to engage in employment, to seek employment or 5,690
participate in a work activity to which a recipient of assistance 5,691
under Title IV-A of the "Social Security Act," 49 Stat. 620 5,692
(1935), 42 U.S.C.A. 301, as amended, may be assigned as specified 5,693
in section 407(d) of the "Social Security Act," 42 U.S.C.A. 5,694
607(d), as amended. The court shall include in the order a 5,696
requirement that the obligor notify the child support enforcement 5,697
agency upon obtaining employment, upon obtaining any income, or 5,698
upon obtaining ownership of any asset with a value of five 5,699
hundred dollars or more. The court may issue the order 5,700
regardless of whether the obligee to whom the obligor owes
support is a recipient of assistance under Title IV-A of the 5,701
"Social Security Act." The court shall issue the order as part 5,703
of a support order or, if a support order previously has been 5,705
issued, as a separate order. If a child support enforcement 5,707
agency is required to issue a withholding or deduction notice 5,708
under division (D) of this section but the agency determines that 5,709
no notice of the type described in division (D)(1) or (2) of this 5,710
section would be appropriate, the agency may request the court to 5,712
128
issue a court order under division (D)(4) of this section, and, 5,713
upon the request, the court may issue an order as described in 5,715
division (D)(4) of this section.
If an obligor is ordered to participate in a work activity, 5,718
the child support enforcement agency of the county in which the 5,719
obligor resides shall oversee the obligor's participation in 5,720
accordance with rules the director of job and family services 5,721
shall adopt in accordance with Chapter 119. of the Revised Code. 5,722
A child support enforcement agency may contract with one or more 5,723
governmental agencies or persons to carry out some or all of its 5,724
oversight duties. 5,725
(E) If a court or child support enforcement agency is 5,727
required under division (A), (B), or (C) of this section or any 5,728
other section of the Revised Code to issue one or more notices or 5,729
court orders described in division (D) of this section, the court 5,730
or agency to the extent possible shall issue a sufficient number 5,731
of notices or court orders under division (D) of this section to 5,732
provide that the aggregate amount withheld or deducted under 5,733
those notices or court orders satisfies the amount ordered for 5,734
support in the support order plus any arrearages that may be owed 5,735
by the obligor under any prior support order that pertained to 5,736
the same child or spouse, notwithstanding any applicable 5,737
limitations of sections 2329.66, 2329.70, 2716.02, 2716.041, 5,739
2716.05, 2716.13, and 4123.67 of the Revised Code. However, in 5,741
no case shall the aggregate amount withheld pursuant to a
withholding notice issued under division (D)(1) of this section 5,743
and any fees withheld pursuant to the notice as a charge for 5,744
services exceed the maximum amount permitted under section 303(b) 5,745
of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b). 5,746
(F)(1) Any withholding or deduction requirement that is 5,748
contained in a notice described in division (D) of this section 5,749
and that is required to be issued by division (A), (B), or (C) of 5,750
this section or any other section of the Revised Code has 5,751
priority over any order of attachment, any order in aid of 5,752
129
execution, and any other legal process issued under state law 5,753
against the same earnings, payments, or account. 5,754
(2) When a payor receives two or more withholding notices 5,756
that are described in division (D)(1) of this section and that 5,758
are required to be issued by division (A), (B), or (C) of this 5,759
section or any other section of the Revised Code, the payor shall 5,762
comply with all of the requirements contained in the notices to 5,763
the extent that the total amount withheld from the obligor's 5,764
income does not exceed the maximum amount permitted under section 5,766
303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 5,767
1673(b), withhold amounts in accordance with the allocation set 5,768
forth in divisions (F)(2)(a) and (b) of this section, notify each 5,769
court or child support enforcement agency that issued one of the 5,770
notices of the allocation, and give priority to amounts 5,771
designated in each notice as current support in the following 5,772
manner:
(a) If the total of the amounts designated in the notices 5,774
as current support exceeds the amount available for withholding 5,775
under section 303(b) of the "Consumer Credit Protection Act," 15 5,776
U.S.C. 1673(b), the payor shall allocate to each notice an amount 5,777
for current support equal to the amount designated in that notice 5,779
as current support multiplied by a fraction in which the 5,780
numerator is the amount of income available for withholding and 5,781
the denominator is the total amount designated in all of the 5,782
notices as current support.
(b) If the total of the amounts designated in the notices 5,784
as current support does not exceed the amount available for 5,785
withholding under section 303(b) of the "Consumer Credit 5,786
Protection Act," 15 U.S.C. 1673(b), the payor shall pay all of 5,788
the amounts designated as current support in the notices and 5,789
shall allocate to each notice an amount for past-due support 5,790
equal to the amount designated in that notice as past-due support 5,791
multiplied by a fraction in which the numerator is the amount of 5,792
income remaining available for withholding after the payment of 5,794
130
current support and the denominator is the total amount 5,795
designated in all of the notices as past-due support. 5,796
(G)(1) Except when a provision specifically authorizes or 5,798
requires service other than as described in this division, 5,799
service of any notice on any party, a financial institution, or 5,801
payor, for purposes of division (A), (B), (C), or (D) of this 5,803
section, shall be made by ordinary first class mail directed to 5,804
the addressee at the last known address, or, in the case of a 5,805
corporation, at its usual place of doing business. A notice 5,806
shall be considered to have been served when it is mailed. 5,807
(2) Each party to a support order shall notify the child 5,809
support enforcement agency of the party's current mailing 5,810
address, current residence address, current residence telephone 5,812
number, and current driver's license number, at the time of the 5,813
issuance or modification of the order and, until further notice 5,814
of the court that issues the order, shall notify the agency of 5,815
any change in that information immediately after the change 5,816
occurs. Any willful failure to comply with this division is 5,818
contempt of court. No person shall fail to give the notice 5,819
required by division (G)(2) of this section.
(3) Each support order, or modification of a support 5,821
order, that is subject to this section shall contain a notice 5,823
that states the following in boldfaced type and in all capital 5,824
letters:
"EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD 5,827
SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT 5,828
MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE 5,829
TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY 5,830
CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY 5,831
OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT. IF YOU ARE 5,832
THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE 5,833
REQUIRED NOTIFICATIONS YOU MAY BE FINED UP TO $50 FOR A FIRST 5,834
OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT 5,836
OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT
131
ORDER AND YOU WILLFULLY FAIL TO MAKE THE REQUIRED NOTIFICATIONS 5,837
YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES 5,839
UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS. 5,840
IF YOU ARE AN OBLIGOR AND YOU FAIL TO MAKE THE REQUIRED 5,842
NOTIFICATIONS YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING 5,843
ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST 5,844
YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, 5,846
DRIVER'S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR 5,847
INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN
FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO 5,848
OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION." 5,849
(4)(a) The parent who is the residential parent and legal 5,851
custodian of a child for whom a support order is issued or the 5,852
person who otherwise has custody of a child for whom a support 5,853
order is issued immediately shall notify, and the obligor under a 5,854
support order may notify, the child support enforcement agency of 5,855
any reason for which the support order should terminate, 5,856
including, but not limited to, the child's attainment of the age 5,857
of majority if the child no longer attends an accredited high 5,858
school on a full-time basis and the support order does not 5,859
provide for the duty of support to continue past the age of 5,860
majority; the child ceasing to attend such a high school on a 5,861
full-time basis after attaining the age of majority, if the 5,863
support order does not provide for the duty of support to
continue past the age of majority; or the death, marriage, 5,864
emancipation, enlistment in the armed services, deportation, or 5,865
change of legal or physical custody of the child. A willful 5,866
failure to notify the child support enforcement agency as 5,867
required by this division is contempt of court. Upon receipt of 5,868
a notice pursuant to this division, the agency immediately shall 5,869
conduct an investigation to determine if any reason exists for 5,870
which the support order should terminate. The agency may conduct 5,871
such an investigation regardless of whether it received notice 5,872
under this division. If the agency determines the order should 5,873
132
terminate, it immediately shall notify the court that issued the 5,874
support order of the reason for which the support order should 5,875
terminate.
(b) Upon receipt of a notice given pursuant to division 5,877
(G)(4)(a) of this section, the court shall order the division of 5,878
child support to impound any funds received for the child 5,880
pursuant to the support order and the court shall set the case 5,882
for a hearing for a determination of whether the support order 5,883
should be terminated or modified or whether the court should take 5,884
any other appropriate action.
(c) If the court terminates a support order pursuant to 5,886
divisions (G)(4)(a) and (b) of this section, the termination of 5,887
the support order also terminates any withholding or deduction 5,888
order as described in division (D) or (H) of this section issued 5,889
prior to December 31, 1993, and any withholding or deduction 5,891
notice as described in division (D) of this section or court 5,892
order as described in division (D)(3), (D)(4), or (H) of this 5,893
section issued on or after December 31, 1993. Upon the 5,894
termination of any withholding or deduction order or any 5,895
withholding or deduction notice, the court immediately shall 5,896
notify the appropriate child support enforcement agency that the 5,897
order or notice has been terminated, and the agency immediately 5,898
shall notify each payor or financial institution required to 5,899
withhold or deduct a sum of money for the payment of support 5,901
under the terminated withholding or deduction order or notice 5,903
that the order or notice has been terminated and that it is 5,904
required to cease all withholding or deduction under the order or 5,905
notice.
(d) The director of job and family services shall adopt 5,908
rules that provide for both of the following: 5,909
(i) The return to the appropriate person of any funds that 5,911
a court has ordered impounded under division (G)(4)(b) of this 5,912
section if the support order under which the funds were paid has 5,913
been terminated pursuant to divisions (G)(4)(a) and (b) of this 5,914
133
section; 5,915
(ii) The return to the appropriate person of any other 5,917
payments made pursuant to a support order if the payments were 5,918
made at any time after the support order under which the funds 5,919
were paid has been terminated pursuant to divisions (G)(4)(a) and 5,920
(b) of this section. 5,921
(5) If any party to a support order requests a 5,923
modification of the order or if any obligee under a support order 5,924
or any person on behalf of the obligee files any action to 5,925
enforce a support order, the court shall notify the child support 5,926
enforcement agency that is administering the support order or 5,927
that will administer the order after the court's determination of 5,928
the request or the action, of the request or the filing. 5,929
(6) When a child support enforcement agency receives any 5,931
notice under division (G) of section 2151.23, section 2301.37, 5,932
division (E) of section 3105.18, division (C) of section 3105.21, 5,933
division (A) of section 3109.05, division (F) of section 3111.13, 5,934
division (B) of section 3113.04, section 3113.21, section 5,935
3113.211, section 3113.212, division (K) of section 3113.31, or 5,936
division (C)(3) of section 3115.31 of the Revised Code, it shall 5,938
issue the most appropriate notices under division (D) of this 5,939
section. Additionally, it shall do all of the following: 5,940
(a) If the obligor is subject to a withholding notice 5,942
issued under division (D)(1) of this section and the notice 5,943
relates to the obligor's change of employment, send a withholding 5,944
notice under that division to the new employer of the obligor as 5,945
soon as the agency obtains knowledge of that employer; 5,946
(b) If the notification received by the agency specifies 5,948
that a lump-sum LUMP SUM payment of one hundred fifty dollars or 5,950
more is to be paid to the obligor, notify the court of the 5,951
receipt of the notice and its contents. The agency may notify 5,953
the court if the notification specifies that a lump-sum LUMP SUM 5,954
payment of less than one hundred fifty dollars is to be paid to 5,955
the obligor. 5,956
134
(c) Comply with section 3113.212 of the Revised Code, as 5,958
appropriate. 5,959
(H)(1)(a) For purposes of division (D)(1) of this section, 5,961
when a person who fails to comply with a support order that is 5,962
subject to that division derives income from self-employment or 5,963
commission, is employed by an employer not subject to the 5,964
jurisdiction of the court, or is in any other employment 5,965
situation that makes the application of that division 5,966
impracticable, the court may require the person to enter into a 5,967
cash bond to the court in a sum fixed by the court at not less 5,968
than five hundred nor more than ten thousand dollars, conditioned 5,969
that the person will make payment as previously ordered. 5,970
(b) When a court determines at a hearing conducted under 5,972
division (B) of this section, or a child support enforcement 5,973
agency determines at a hearing or pursuant to an investigation 5,974
conducted under division (B) of this section, that the obligor 5,975
under the order in relation to which the hearing or investigation 5,976
is conducted is unemployed and has no other source of income and 5,977
no assets so that the application of divisions (B) and (D) of 5,978
this section would be impracticable, the court shall issue an 5,979
order as described in division (D)(4) of this section and shall 5,981
order the obligor to notify the child support enforcement agency 5,982
in writing immediately of the receipt of any source of income or 5,984
of the opening of an account in a financial institution, and to 5,985
include in the notification a description of the nature of the 5,986
employment or income source, the name, business address, and
telephone number of the employer or income source, and any other 5,987
information reasonably required by the court. 5,988
(2) When a court determines, at a hearing conducted under 5,990
division (C)(2) of this section, that an obligor is unemployed, 5,991
is not receiving workers' compensation payments, does not have an 5,992
account in a financial institution, and has no other source of 5,993
income and no assets so that the application of divisions (C)(2) 5,994
and (D) of this section would be impracticable, the court shall 5,995
135
issue an order as described in division (D)(4) of this section 5,996
and shall order the obligor to notify the child support 5,997
enforcement agency, in writing, immediately of the receipt of any 5,998
source of income or of the opening of an account in a financial 5,999
institution, and to include in the notification a description of 6,000
the nature of the employment or income source, the name, business 6,001
address, and telephone number of the employer or income source or 6,003
the name, address, and telephone number of the financial 6,004
institution, and any other information reasonably required by the 6,005
court. 6,006
(3)(a) Upon receipt of a notice from a child support 6,008
enforcement agency under division (G)(6) of this section that a 6,009
lump-sum LUMP SUM payment is to be paid to the obligor, the court 6,011
shall do either of the following:
(i) If the obligor is in default under the support order 6,013
or has any unpaid arrearages under the support order, issue an 6,014
order requiring the transmittal of the lump-sum LUMP SUM payment 6,015
to the division of child support. 6,016
(ii) If the obligor is not in default under the support 6,018
order and does not have any unpaid arrearages under the support 6,019
order, issue an order directing the person who gave the notice to 6,020
the court to immediately pay the full amount of the lump-sum LUMP 6,021
SUM payment to the obligor. 6,022
(b) Upon receipt of any moneys pursuant to division 6,024
(H)(3)(a) of this section, the division of child support shall 6,026
pay the amount of the lump-sum LUMP SUM payment that is necessary
to discharge all of the obligor's arrearages to the obligee and, 6,027
within two business days after its receipt of the money, any 6,028
amount that is remaining after the payment of the arrearages to 6,029
the obligor. 6,030
(c) Any court that issued an order prior to December 1, 6,032
1986, requiring an employer to withhold an amount from an 6,033
obligor's personal earnings for the payment of support shall 6,034
issue a supplemental order that does not change the original 6,035
136
order or the related support order requiring the employer to do 6,036
all of the following: 6,037
(i) No later than the earlier of forty-five days before a 6,039
lump-sum LUMP SUM payment is to be made or, if the obligor's 6,040
right to a lump-sum LUMP SUM payment is determined less than 6,041
forty-five days before it is to be made, the date on which that 6,042
determination is made, notify the child support enforcement 6,043
agency of any lump-sum LUMP SUM payment of any kind of one 6,044
hundred fifty dollars or more that is to be paid to the obligor; 6,046
(ii) Hold the lump-sum LUMP SUM payment for thirty days 6,048
after the date on which it would otherwise be paid to the 6,049
obligor, if the lump-sum LUMP SUM payment is sick pay, a lump-sum 6,050
LUMP SUM payment of retirement benefits or contributions, or 6,051
profit-sharing payments or distributions; 6,052
(iii) Upon order of the court, pay any specified amount of 6,054
the lump-sum LUMP SUM payment to the division of child support. 6,055
(d) If an employer knowingly fails to notify the child 6,057
support enforcement agency in accordance with division (D) of 6,058
this section of any lump-sum LUMP SUM payment to be made to an 6,059
obligor, the employer is liable for any support payment not made 6,060
to the obligee as a result of its knowing failure to give the 6,061
notice as required by that division. 6,062
(I)(1) Any support order, or modification of a support 6,064
order, that is subject to this section shall contain the date of 6,065
birth and social security number of the obligor. 6,066
(2) No withholding or deduction notice described in 6,068
division (D) of this section or court order described in division 6,069
(D)(3) or (4) of this section shall contain any information other 6,071
than the information specifically required by division (A), (B), 6,072
(C), or (D) of this section or by any other section of the 6,073
Revised Code and any additional information that the issuing 6,074
court determines may be necessary to comply with the notice. 6,075
(J) No withholding or deduction notice described in 6,077
division (D) of this section or court order described in division 6,078
137
(D)(3) or (4) of this section and issued under division (A), (B), 6,080
or (C) of this section or any other section of the Revised Code 6,081
shall be terminated solely because the obligor pays any part or 6,082
all of the arrearages under the support order. 6,083
(K)(1) Except as provided in division (K)(2) of this 6,085
section and section 2301.42 of the Revised Code and the rules 6,086
adopted pursuant to division (C) of that section, if child 6,087
support arrearages are owed by an obligor to the obligee and to 6,088
the department of job and family services, any payments received 6,090
on the arrearages by the division of child support first shall be 6,092
paid to the obligee until the arrearages owed to the obligee are
paid in full. 6,093
(2) Division (K)(1) of this section does not apply to the 6,095
collection of past-due child support from refunds of paid federal 6,096
taxes pursuant to section 5101.32 of the Revised Code or of 6,097
overdue child support from refunds of paid state income taxes 6,098
pursuant to sections 5101.321 and 5747.121 of the Revised Code. 6,099
(L)(1) Each court with jurisdiction to issue support 6,101
orders or orders establishing the existence or nonexistence of a 6,102
parent and child relationship shall establish rules of court to 6,103
ensure that the following percentage of all actions to establish 6,104
the existence or nonexistence of a parent and child relationship, 6,105
to establish a support requirement, or to modify a previously 6,106
issued support order be completed within the following time 6,107
limits:
(a) Seventy-five per cent of all of the actions shall be 6,109
completed within six months after they were initially filed; 6,111
(b) Ninety per cent of all of the actions shall be 6,113
completed within twelve months after they were initially filed. 6,115
(2) If a case involves complex legal issues requiring full 6,117
judicial review, the court shall issue a temporary support order 6,118
within the time limits set forth in division (L)(1) of this 6,119
section, which temporary order shall be in effect until a final 6,120
support order is issued in the case. All cases in which the 6,121
138
imposition of a notice or order under division (D) of this 6,122
section is contested shall be completed within the period of time 6,123
specified by law for completion of the case. The failure of a 6,124
court to complete a case within the required period does not 6,125
affect the ability of any court to issue any order under this 6,126
section or any other section of the Revised Code for the payment 6,127
of support, does not provide any defense to any order for the 6,128
payment of support that is issued under this section or any other 6,129
section of the Revised Code, and does not affect any obligation 6,130
to pay support. 6,131
(3)(a) In any Title IV-D case, the judge, when necessary 6,133
to satisfy the federal requirement of expedited process for 6,134
obtaining and enforcing support orders, shall appoint magistrates 6,136
to make findings of fact and recommendations for the judge's 6,137
approval in the case. All magistrates appointed pursuant to this 6,139
division shall be attorneys admitted to the practice of law in 6,140
this state. If the court appoints a magistrate pursuant to this 6,141
division, the court may appoint any additional administrative and 6,142
support personnel for the magistrate. 6,143
(b) Any magistrate appointed pursuant to division 6,145
(L)(3)(a) of this section may perform any of the following 6,147
functions:
(i) The taking of testimony and keeping of a record in the 6,149
case; 6,150
(ii) The evaluation of evidence and the issuance of 6,152
recommendations to establish, modify, and enforce support orders; 6,153
(iii) The acceptance of voluntary acknowledgments of 6,155
support liability and stipulated agreements setting the amount of 6,156
support to be paid; 6,157
(iv) The entering of default orders if the obligor does 6,159
not respond to notices in the case within a reasonable time after 6,160
the notices are issued; 6,161
(v) Any other functions considered necessary by the court. 6,163
(4) The child support enforcement agency may conduct 6,165
139
administrative reviews of support orders to obtain voluntary 6,166
notices or court orders under division (D) of this section and to 6,167
correct any errors in the amount of any arrearages owed by an 6,168
obligor. The obligor and the obligee shall be notified of the 6,169
time, date, and location of the administrative review at least 6,170
fourteen days before it is held. 6,171
(M)(1) The termination of a support obligation or a 6,173
support order does not abate the power of any court to collect 6,174
overdue and unpaid support or to punish any person for a failure 6,176
to comply with an order of the court or to pay any support as 6,177
ordered in the terminated support order and does not abate the 6,178
authority of a child support enforcement agency to issue, in 6,179
accordance with this section, any notice described in division 6,180
(D) of this section or of a court to issue, in accordance with 6,181
this section, any court order as described in division (D)(3) or 6,182
(4) of this section to collect any support due or arrearage under 6,183
the support order. 6,185
(2) Any court that has the authority to issue a support 6,187
order shall have all powers necessary to enforce that support 6,188
order, and all other powers, set forth in this section. 6,189
(3) Except as provided in division (M)(4) of this section, 6,191
a court may not retroactively modify an obligor's duty to pay a 6,192
delinquent support payment. 6,193
(4) A court with jurisdiction over a support order may 6,195
modify an obligor's duty to pay a support payment that becomes 6,196
due after notice of a petition to modify the support order has 6,197
been given to each obligee and to the obligor before a final 6,198
order concerning the petition for modification is entered. 6,199
(N) If an obligor is in default under a support order and 6,201
has a claim against another person of more than one thousand 6,202
dollars, the obligor shall notify the child support enforcement 6,203
agency of the claim, the nature of the claim, and the name of the 6,204
person against whom the claim exists. If an obligor is in 6,205
default under a support order and has a claim against another 6,206
140
person or is a party in an action for any judgment, the child 6,207
support enforcement agency or the agency's attorney, on behalf of 6,208
the obligor, immediately shall file with the court in which the 6,209
action is pending a motion to intervene in the action or a 6,210
creditor's bill. The motion to intervene shall be prepared and 6,211
filed pursuant to Civil Rules 5 and 24(A) and (C). 6,212
Nothing in this division shall preclude an obligee from 6,214
filing a motion to intervene in any action or a creditor's bill. 6,215
(O) If an obligor is receiving unemployment compensation 6,217
benefits, an amount may be deducted from those benefits for 6,218
purposes of child support, in accordance with sections 2301.371 6,220
and 4141.282 of the Revised Code. Any deduction from a source in 6,223
accordance with those provisions is in addition to, and does not 6,224
preclude, any withholding or deduction for purposes of support 6,225
under divisions (A) to (N) of this section. 6,226
(P) As used in this section, and in sections 3113.211 to 6,228
3113.219 of the Revised Code: 6,229
(1) "Financial institution" means a bank, savings and loan 6,231
association, or credit union, or a regulated investment company 6,232
or mutual fund in which a person who is required to pay child 6,233
support has funds on deposit that are not exempt under the law of 6,234
this state or the United States from execution, attachment, or 6,235
other legal process. 6,236
(2) "Title IV-D case" means any case in which the child 6,238
support enforcement agency is enforcing the child support order 6,239
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 6,240
2351 (1975), 42 U.S.C. 651, as amended. 6,241
(3) "Obligor" means the person who is required to pay 6,243
support under a support order. 6,244
(4) "Obligee" means the person who is entitled to receive 6,246
the support payments under a support order. 6,247
(5) "Support order" means an order for the payment of 6,249
support and, for orders issued or modified on or after December 6,250
31, 1993, includes any notices described in division (D) or (H) 6,251
141
of this section that are issued in accordance with this section. 6,252
(6) "Support" means child support, spousal support, and 6,254
support for a spouse or former spouse. 6,255
(7) "Personal earnings" means compensation paid or payable 6,257
for personal services, however denominated, and includes, but is 6,258
not limited to, wages, salary, commissions, bonuses, draws 6,259
against commissions, profit sharing, and vacation pay. 6,260
(8) "Default" has the same meaning as in section 2301.34 6,262
of the Revised Code. 6,263
(9) "Payor" means any person or entity that pays or 6,266
distributes income to an obligor, including the obligor, if the 6,267
obligor is self-employed; an employer; an employer that is paying 6,268
the obligor's workers' compensation benefits; the public 6,269
employees retirement board; the board of trustees, or other 6,270
governing entity of a municipal retirement system; the board of 6,271
trustees of the Ohio police and fire pension fund; the state 6,272
teachers retirement board; the school employees retirement board; 6,274
the state highway patrol retirement board; A PROVIDER, AS DEFINED 6,275
IN SECTION 3305.01 OF THE REVISED CODE; the bureau of workers' 6,276
compensation; or any other person or entity, except the 6,278
department of job and family services with respect to 6,279
unemployment compensation benefits paid pursuant to Chapter 4141. 6,280
of the Revised Code.
(Q) As used in this section, "income" means any form of 6,283
monetary payment, including personal earnings; workers' 6,284
compensation payments; unemployment compensation benefits to the 6,286
extent permitted by, and in accordance with, sections 2301.371 6,287
and 4141.282 of the Revised Code, and federal law governing the 6,289
department of job and family services; pensions; annuities; 6,290
allowances; private or governmental retirement benefits; 6,292
disability or sick pay; insurance proceeds; lottery prize awards; 6,293
federal, state, or local government benefits to the extent that 6,294
the benefits can be withheld or deducted under the law governing 6,295
the benefits; any form of trust fund or endowment; lump-sum LUMP 6,296
142
SUM payments; and any other payment in money. 6,297
Sec. 3305.01. As used in this chapter: 6,306
(A) "Public institution of higher education" means a state 6,309
university as defined in section 3345.011 of the Revised Code, 6,310
the medical college of Ohio at Toledo, the northeastern Ohio 6,311
universities college of medicine, or a university branch, 6,312
technical college, state community college, community college, or 6,313
municipal university established or operating under Chapter 6,314
3345., 3349., 3354., 3355., 3357., or 3358. of the Revised Code. 6,316
(B) "State retirement system" means the public employees 6,319
retirement system created under Chapter 145. of the Revised Code, 6,320
the state teachers retirement system created under Chapter 3307. 6,322
of the Revised Code, or the school employees retirement system 6,324
created under Chapter 3309. of the Revised Code. 6,325
(C) "Academic or administrative employee" means any 6,328
full-time employee NOT RECEIVING ANY BENEFIT, ALLOWANCE, OR OTHER 6,329
PAYMENT GRANTED ON THE EMPLOYEE'S ACCOUNT FROM A STATE RETIREMENT 6,330
SYSTEM who MEETS ONE OF THE FOLLOWING REQUIREMENTS:
(1) THE EMPLOYEE is a member of the faculty or OF A PUBLIC 6,333
INSTITUTION OF HIGHER EDUCATION. 6,334
(2) THE EMPLOYEE IS A MEMBER OF THE administrative staff 6,336
of a public institution of higher education serving in a position 6,337
in the unclassified civil service pursuant to section 124.11 of 6,338
the Revised Code and is not receiving any benefit, allowance, or 6,340
other payment from a state retirement system. In. 6,341
(3) IF SECTION 124.11 OF THE REVISED CODE DOES NOT APPLY 6,343
TO THE PUBLIC INSTITUTION OF HIGHER EDUCATION, THE EMPLOYEE IS A 6,345
MEMBER OF THE ADMINISTRATIVE STAFF OF A PUBLIC INSTITUTION OF 6,346
HIGHER EDUCATION SERVING IN A POSITION COMPARABLE TO A POSITION 6,348
IN THE UNCLASSIFIED CIVIL SERVICE.
IN all cases of doubt, the board of trustees of the public 6,352
institution of higher education shall determine whether any 6,353
person is an academic or administrative employee for purposes of 6,354
this chapter, and the board's decision shall be final. 6,355
143
(D) "Electing employee" means any academic or 6,357
administrative employee who elects, pursuant to section 3305.05 6,358
of the Revised Code, to participate in an alternative retirement 6,360
plan provided pursuant to this chapter OR AN EMPLOYEE WHO IS 6,362
REQUIRED TO PARTICIPATE IN AN ALTERNATIVE RETIREMENT PLAN
PURSUANT TO DIVISION (E) OF SECTION 3305.05 OF THE REVISED CODE. 6,364
(E) An electing employee is "continuously employed" if no 6,366
more than one year intervenes between each period of employment 6,368
by a public institution of higher education in a position for 6,369
which three or more alternative retirement plans are available 6,370
under this chapter.
(F) "Compensation," for purposes of an electing employee, 6,372
has the same meaning as the applicable one of the following: 6,373
(1) If the electing employee would be subject to Chapter 6,375
145. of the Revised Code had the employee not made an election 6,376
pursuant to section 3305.05 of the Revised Code, "earnable 6,378
salary" as defined in division (R) of section 145.01 of the
Revised Code; 6,379
(2) If the electing employee would be subject to Chapter 6,381
3307. of the Revised Code had the employee not made an election 6,382
pursuant to section 3305.05 of the Revised Code, "compensation" 6,384
as defined in division (L) of section 3307.01 of the Revised 6,385
Code; 6,386
(3) If the electing employee would be subject to Chapter 6,388
3309. of the Revised Code had the employee not made an election 6,389
pursuant to section 3305.05 of the Revised Code, "compensation" 6,391
as defined in division (V) of section 3309.01 of the Revised
Code. 6,392
(F) "PROVIDER" MEANS AN ENTITY DESIGNATED UNDER SECTION 6,394
3305.03 OF THE REVISED CODE AS A PROVIDER OF INVESTMENT OPTIONS 6,395
FOR AN ALTERNATIVE RETIREMENT PLAN. 6,397
Sec. 3305.02. An alternative retirement program is hereby 6,406
established in accordance with this chapter for the purpose of 6,407
providing to academic or administrative employees three or more 6,408
144
THE OPPORTUNITY OF PARTICIPATING IN AN ALTERNATIVE retirement 6,409
plans as alternatives PLAN AS AN ALTERNATIVE to participating in 6,411
a state retirement system. Each THE EMPLOYER IS THE SPONSOR OF 6,412
EACH ALTERNATIVE RETIREMENT PLAN OFFERED UNDER THIS CHAPTER. 6,413
EACH alternative retirement plan offered under this program 6,416
to academic or administrative employees electing to participate 6,417
shall be a defined contribution plan QUALIFIED UNDER SECTION 401 6,418
(a) OF THE INTERNAL REVENUE CODE that provides retirement and 6,419
death benefits through the purchase of annuity contracts or 6,420
certificates, fixed or variable in nature, or a combination 6,422
thereof INVESTMENT OPTIONS. THE OPTIONS SHALL BE OFFERED TO 6,423
ELECTING EMPLOYEES PURSUANT TO GROUP OR INDIVIDUAL CONTRACTS, AND 6,424
CERTIFICATES ISSUED UNDER GROUP CONTRACTS, AND MAY INCLUDE LIFE 6,425
INSURANCE, ANNUITIES, VARIABLE ANNUITIES, REGULATED INVESTMENT 6,426
TRUSTS, POOLED INVESTMENT FUNDS, OR OTHER FORMS OF INVESTMENT, at 6,427
the option of each electing employee. 6,429
Notwithstanding this chapter, any retirement plan 6,431
established by a public institution of higher education prior to 6,432
the effective date of this chapter MARCH 31, 1997, as an 6,434
alternative to participating in any state retirement system may
continue in effect AND BE MODIFIED without regard to this chapter 6,435
for all employees at the public institution eligible to 6,437
participate in the plan.
Sec. 3305.03. (A) The department of insurance shall 6,446
designate three or more ENTITIES TO PROVIDE INVESTMENT OPTIONS 6,447
UNDER alternative retirement plans provided by at least three 6,449
different entities, to be offered ESTABLISHED BY PUBLIC
INSTITUTIONS OF HIGHER EDUCATION in accordance with this chapter 6,451
to electing employees. No alternative retirement plan. AN 6,452
ENTITY shall be designated A PROVIDER under this section unless 6,453
IF the entity providing the plan meets both of the following 6,455
requirements:
(1) It is authorized to conduct business in this state 6,457
with regard to any annuity contracts or certificates THE 6,458
145
INVESTMENT OPTIONS to be offered under the AN ALTERNATIVE 6,460
RETIREMENT plan;
(2) It provides the plan SAME OR SIMILAR INVESTMENT 6,462
OPTIONS TO BE OFFERED UNDER ALTERNATIVE RETIREMENT PLANS, AS 6,464
GROUP OR INDIVIDUAL CONTRACTS, OR A COMBINATION THEREOF, in at 6,465
least ten other states.
(B) In designating any alternative retirement plan A 6,467
PROVIDER under this section, the department of insurance shall 6,469
consider all of the following:
(1) The experience of the entity PROVIDER in providing the 6,471
plan INVESTMENT OPTIONS UNDER ALTERNATIVE RETIREMENT PROGRAMS in 6,472
other states; 6,473
(2) The potential effectiveness of the plan PROVIDER in 6,475
the recruitment and retention of RECRUITING academic or 6,477
administrative employees TO ENTER INTO CONTRACTS AND IN RETAINING 6,478
THOSE CONTRACTS;
(3) The nature and extent of the rights and benefits to be 6,480
provided under the plan INVESTMENT OPTIONS; 6,481
(4) The relationship between the rights and benefits under 6,483
the plan INVESTMENT OPTIONS and the amount of the contributions 6,485
made under that plan THOSE OPTIONS; 6,486
(5) The suitability of the rights and benefits under the 6,488
plan INVESTMENT OPTIONS to the needs and interests of academic or 6,490
administrative employees;
(6) The capability of the entity offering the plan 6,492
PROVIDER to provide the rights and benefits under the plan 6,494
INVESTMENT OPTIONS;
(7) Any other matters it considers relevant. 6,496
(C) The department of insurance shall periodically review 6,498
each alternative retirement plan PROVIDER designated under 6,499
division (A) of this section and the entity offering the plan 6,501
INVESTMENT OPTIONS BEING OFFERED to ensure that the requirements 6,502
and purposes of this chapter are being met. If the department 6,503
finds that the entity offering an alternative retirement plan 6,504
146
PROVIDER is not in compliance with any requirement of this 6,505
chapter or the plan PROVIDER is not satisfactorily meeting the 6,507
purposes of this chapter, it THE DEPARTMENT may rescind its THE 6,508
PROVIDER'S designation of the plan. 6,509
(D) Notwithstanding sections 125.01 to 125.11 of the 6,511
Revised Code, designation of an alternative retirement plan A 6,513
PROVIDER or the execution of any contract under this section 6,515
CHAPTER is not subject to competitive bidding under those 6,516
sections.
Sec. 3305.04. The board of trustees of each public 6,525
institution of higher education shall ADOPT AN ALTERNATIVE 6,526
RETIREMENT PLAN IN ACCORDANCE WITH THIS CHAPTER. EACH PUBLIC 6,527
INSTITUTION OF HIGHER EDUCATION SHALL enter into a contract with 6,528
each entity offering a retirement plan PROVIDER designated 6,529
pursuant to section 3305.03 of the Revised Code for the purpose 6,531
of establishing THAT IS WILLING TO PROVIDE INVESTMENT OPTIONS 6,532
UNDER an alternative retirement program in accordance with this 6,533
chapter PLAN at that public institution. Each contract shall 6,534
provide for termination of the contract if the planceases 6,536
PROVIDER CEASES to be a designated plan PROVIDER. 6,538
In accordance with this chapter, each board may perform 6,540
such functions and provide as necessary for the administration of 6,541
each ITS alternative retirement plan for which it enters into a 6,543
contract pursuant to this section.
Sec. 3305.05. (A) A person whose employment as an 6,552
academic or administrative employee of a public institution of 6,553
higher education commences after the initial date on which the 6,554
board of trustees of the public institution establishes the 6,555
ADOPTS AN alternative retirement program PLAN may, not later than 6,556
ninety ONE HUNDRED TWENTY days after the starting date of 6,557
employment, make an election to participate in an alternative 6,559
retirement plan available at the public institution. If no 6,560
election to PARTICIPATE IN an alternative retirement plan is in 6,561
effect at MADE BY the end of ninety ONE HUNDRED TWENTY days after 6,562
147
the person's starting date of employment, the person shall be 6,564
deemed to have elected participation in the state retirement 6,565
system that applies to the person's employment. Except as 6,566
provided under division (F) of this section, an 6,567
AN election that is made under this division or division 6,570
(B) of this section and that is in effect at the end of ninety 6,571
days after the person's starting date of employment, shall be 6,572
irrevocable while the electing employee remains continuously IS 6,573
employed BY THAT PUBLIC INSTITUTION. A 6,574
A person who makes an election to participate in an 6,577
alternative retirement plan shall be forever barred from claiming 6,578
or purchasing service credit under any state retirement system
for the period of that person's employment that DURING WHICH the 6,580
election is in effect. If a person ceases to be continuously 6,583
employed TERMINATES EMPLOYMENT AT ONE PUBLIC INSTITUTION OF 6,584
HIGHER EDUCATION and subsequently is employed by a ANOTHER public 6,585
institution of higher education in a position for which an 6,587
alternative retirement plan is available under this chapter, the 6,588
person may make another election under this division. Each 6,589
public institution of higher education employing a person 6,590
eligible to make an election under this division shall notify, 6,591
within ten days of the person's employment, the state retirement 6,592
system that applies to that person's employment in the manner 6,594
specified by that state retirement system, which notice shall 6,596
include the new employee's name and address.
This division does not apply to any person who has made an 6,598
election under this division or division (B) of this section 6,599
unless the person has ceased to be continuously employed. 6,600
(B)(1) Not later than one hundred twenty days after the 6,602
date on which the board of trustees of a public institution of 6,604
higher education establishes the initial ADOPTS AN alternative 6,605
retirement program PLAN for that public institution, each 6,606
eligible academic or administrative employee of the public 6,608
institution may make an election to participate in an alternative 6,609
148
retirement plan available at the public institution. If a person 6,610
to whom this division applies fails to make an election, the 6,611
person shall be deemed to have elected continued participation in 6,612
the state retirement system in which the person is a member. 6,613
(2)(a) If a public institution's alternative retirement 6,615
program is established on or after the effective date of this 6,616
amendment but not later than twelve months after the department 6,618
of insurance makes a designation under section 3305.03 of the 6,619
Revised Code, a member of the public employees retirement system 6,621
or school employees retirement system who is an academic or 6,622
administrative employee of the public institution is eligible to
elect to participate if the member has less than five years of 6,623
service credit in the retirement system on the last day of the 6,624
month in which the designation is made. If a public 6,625
institution's alternative retirement program is established more 6,626
than twelve months after the department of insurance makes the 6,627
designation, a A member of the public employees retirement system 6,628
or school employees retirement system who is an academic or 6,631
administrative employee of the public institution is eligible to 6,632
elect to participate MAKE AN ELECTION if, ON APRIL 1, 1998, the 6,633
member has HAD less than five years of service credit in the 6,635
retirement system on the first day the month in which the program 6,637
is established IN WHICH THE MEMBER IS MAKING CONTRIBUTIONS AND 6,638
THE PUBLIC INSTITUTION OF HIGHER EDUCATION AT WHICH THE MEMBER IS 6,639
EMPLOYED ADOPTED AN ALTERNATIVE RETIREMENT PLAN AFTER DECEMBER 8, 6,640
1998, BUT BEFORE APRIL 1, 1999. 6,641
(b) A member of the state teachers retirement system who 6,643
is an academic or administrative employee of a public institution 6,644
that establishes an alternative retirement program PLAN is 6,645
eligible to participate in the program MAKE AN ELECTION if the 6,647
member has less than five years of service credit in the STATE
TEACHERS retirement system on the thirtieth day of June 6,649
immediately preceding the date the program PLAN is established 6,650
ADOPTED.
149
(C) Each academic or administrative employee shall make an 6,652
election under division (A) or (B) of this section in writing and 6,654
submit the election to the designated officer of the employee's
employing public institution of higher education. The NOT LATER 6,655
THAN TEN DAYS AFTER THE ELECTION BECOMES IRREVOCABLE, THE officer 6,656
shall file a certified copy of the election within ten days with 6,657
the state retirement system to which, apart from this election, 6,659
the employee's employment would be subject. 6,660
(D)(1) Each election made under division (A) of this 6,662
section shall be effective on AS OF the electing employee's 6,663
starting date of employment. 6,665
(2) In the case of a member of the public employees 6,667
retirement system or school employees retirement system, an 6,668
election made under division (B) of this section shall be 6,670
effective on the date described in division (B)(2)(a) of this 6,673
section AS OF APRIL 1, 1998. In the case of a member of the 6,675
state teachers retirement system, an election shall be effective 6,676
on AS OF the date described in division (B)(2)(b) of this 6,678
section.
(E) Any IF AN INDIVIDUAL MAKES AN election made under 6,680
division (A) or (B) of this section, THE ELECTION shall only 6,682
apply to the electing employee's INDIVIDUAL'S employment in ALL 6,684
positions for which an alternative retirement program is
available pursuant to this chapter. Employment of the electing 6,686
employee in any other position shall be subject to the applicable 6,688
state retirement system AT A PUBLIC INSTITUTION OF HIGHER 6,689
EDUCATION, UNLESS THE INDIVIDUAL TERMINATES EMPLOYMENT AT THE 6,690
PUBLIC INSTITUTION AND DOES NOT RETURN TO EMPLOYMENT IN ANY 6,691
POSITION AT THAT PUBLIC INSTITUTION PRIOR TO ONE YEAR AFTER THE 6,692
DATE OF TERMINATION.
IF AN INDIVIDUAL IS ELIGIBLE TO MAKE AN ELECTION UNDER 6,694
DIVISION (A) OR (B) OF THIS SECTION FOR EMPLOYMENT AT A PUBLIC 6,696
INSTITUTION AND DOES NOT MAKE THE ELECTION, THE INDIVIDUAL SHALL 6,698
NOT BE PERMITTED TO MAKE AN ELECTION FOR EMPLOYMENT IN ANY OTHER 6,699
150
POSITION AT THE PUBLIC INSTITUTION WHILE EMPLOYED AT THAT PUBLIC 6,700
INSTITUTION, UNLESS THE INDIVIDUAL TERMINATES EMPLOYMENT AT THE 6,701
PUBLIC INSTITUTION AND DOES NOT RETURN TO EMPLOYMENT IN ANY 6,702
POSITION AT THE PUBLIC INSTITUTION PRIOR TO ONE YEAR AFTER THE 6,703
DATE OF TERMINATION. 6,704
(F) The board of trustees of a public institution of 6,706
higher education shall permit an electing employee to change the 6,707
alternative retirement plan in which the electing employee 6,708
participates if the plan ceases, pursuant to DO ALL OF THE 6,710
FOLLOWING:
(1) SELECT, FROM AMONG THE PROVIDERS THAT HAVE ENTERED 6,712
INTO A CONTRACT WITH THE PUBLIC INSTITUTION OF HIGHER EDUCATION 6,713
UNDER SECTION 3305.04 OF THE REVISED CODE, THE PROVIDER OF AN 6,714
INVESTMENT OPTION FOR THAT EMPLOYEE; 6,715
(2) EXCEPT AS PERMITTED UNDER DIVISION (F)(3) OF THIS 6,717
SECTION, CONTRACT WITH ONLY ONE PROVIDER IN ANY PLAN YEAR; 6,718
(3) CHANGE THE PROVIDER SELECTED UNDER DIVISION (F)(1) OF 6,720
THIS SECTION AT THE FOLLOWING TIMES: 6,721
(a) ONCE DURING THE FIRST PAYROLL PERIOD IN ANY PLAN YEAR; 6,724
(b) ANY TIME THE PROVIDER THAT THE EMPLOYEE SELECTED 6,726
CEASES TO BE DESIGNATED UNDER division (C) of section 3305.03 of 6,727
the Revised Code, to be a designated plan. 6,728
(G) IF UNDER DIVISION (F)(3) OF THIS SECTION, AN EMPLOYEE 6,731
CHANGES PROVIDERS, THE PROVIDER SHALL TRANSFER THE EMPLOYEE'S 6,732
ACCOUNT BALANCE TO THE NEW PROVIDER. 6,733
Sec. 3305.051. The state retirement system that covers the 6,742
position held by an employee of a public institution of higher 6,743
education who makes an election under division (A) of section 6,744
3305.05 of the Revised Code to participate in the public 6,746
institution's alternative retirement program PLAN shall return to 6,747
the public institution any employee and employer, NOT LATER THAN 6,749
THIRTY DAYS AFTER THE DATE ON WHICH THE CERTIFIED COPY OF THE 6,750
EMPLOYEE'S ELECTION IS FILED WITH THE STATE RETIREMENT SYSTEM 6,751
UNDER THAT SECTION, PAY TO THE PROVIDER OF THE INVESTMENT OPTION 6,752
151
SELECTED BY THE EMPLOYEE ANY EMPLOYEE AND EMPLOYER contributions 6,754
made to the retirement system BY OR ON BEHALF OF THAT EMPLOYEE 6,755
for the ninety-day period described in that division BEGINNING ON 6,757
THE EMPLOYEE'S STARTING DAY OF EMPLOYMENT AND ENDING ON THE DAY 6,758
BEFORE THE DAY ON WHICH CONTRIBUTIONS COMMENCE UNDER AN
ALTERNATIVE RETIREMENT PLAN, less the amount due the retirement 6,760
system pursuant to division (E)(D) of section 3305.06 of the 6,762
Revised Code for that period.
The state retirement system that covers the position held 6,764
by an employee of a public institution of higher education who 6,765
makes an election under division (B) of section 3305.05 of the 6,766
Revised Code to participate in the public institution's 6,767
alternative retirement program PLAN shall return to the public 6,768
institution, NOT LATER THAN THIRTY DAYS AFTER THE DATE ON WHICH A 6,769
CERTIFIED COPY OF THE EMPLOYEE'S ELECTION IS FILED WITH THE STATE 6,770
RETIREMENT SYSTEM UNDER THAT SECTION, PAY TO THE PROVIDER OF THE 6,772
INVESTMENT OPTION SELECTED BY THE EMPLOYEE any employee and 6,773
employer contributions made to the retirement system BY OR ON 6,774
BEHALF OF THAT EMPLOYEE for any period commencing after the 6,775
applicable date described in division (B)(2)(a) or (b) of section 6,776
3305.05 of the Revised Code AND ENDING ON THE DAY BEFORE THE DAY 6,777
ON WHICH CONTRIBUTIONS COMMENCE UNDER AN ALTERNATIVE RETIREMENT 6,778
PLAN, less the amount due the retirement system pursuant to 6,781
division (E)(D) of section 3305.06 of the Revised Code for that 6,782
period. 6,783
Sec. 3305.06. (A) Each electing employee shall contribute 6,792
an amount, which shall be a certain percentage of the employee's 6,793
compensation, to the alternative retirement plan in which 6,794
PROVIDER OF THE INVESTMENT OPTION the employee participates HAS 6,795
SELECTED. This percentage shall be the percentage the electing 6,797
employee would have otherwise been required to contribute to the 6,798
state retirement system that applies to the employee's position, 6,799
except that the percentage shall not be less than three per cent. 6,800
Employee contributions under this division may be treated as
152
employer contributions in accordance with Internal Revenue Code 6,802
414(h).
(B) Each public institution of higher education employing 6,804
an electing employee shall contribute an amount, which shall be a 6,805
certain percentage of the employee's compensation, to the 6,806
alternative retirement plan PROVIDER OF THE INVESTMENT OPTION the 6,808
employee has elected SELECTED. This percentage shall be 6,809
determined by the board of trustees of the public institution. 6,810
(C)(1) In no event shall the amount contributed by the 6,813
electing employee pursuant to division (A) of this section and on 6,814
the electing employee's behalf pursuant to division (B) of this
section be less than the amount necessary to qualify the plan as 6,815
a state retirement system pursuant to Internal Revenue Code 6,816
3121(B)(7) and the regulations adopted thereunder. 6,817
(2) The full amount of the electing employee's 6,819
contribution under division (A) of this section and the full 6,820
amount of the employer's contribution made on behalf of that 6,821
employee under division (B) of this section shall be paid to the 6,822
entity providing the employee's alternative retirement plan 6,824
APPROPRIATE PROVIDER for application to that plan in accordance 6,825
with any contract the electing employee has entered into for 6,827
purposes of that plan. In no event shall any benefits be paid 6,829
under that plan prior to the time an electing employee ceases to 6,830
be continuously employed THE ELECTING EMPLOYEE'S INVESTMENT 6,831
OPTION.
(D) An electing employee may make voluntary deposits to 6,833
the employee's alternative retirement plan in addition to the 6,834
employee contribution required under division (A) of this 6,836
section.
(E) Each public institution of higher education employing 6,838
an electing employee shall contribute on behalf of that employee 6,839
to the state retirement system that otherwise applies to the 6,840
electing employee's position an amount equal to six per cent A 6,841
PERCENTAGE of the electing employee's compensation to mitigate 6,844
153
any negative financial impact of the alternative retirement
program on the state retirement system; provided that on the 6,846
first day of July following the first year after the department 6,848
of insurance designates an alternative retirement plan under
section 3305.03 of the Revised Code and every third year 6,849
thereafter, the Ohio retirement study council shall cause an 6,851
independent actuarial study to be completed and submitted to the 6,852
Ohio board of regents. The study shall determine any adjustments 6,853
in contributions necessary to reflect any change in the level of 6,854
the negative financial impact resulting from the establishment of 6,855
the alternative retirement program. The amount contributed to 6,857
the state retirement system pursuant to this division shall be
increased or decreased to reflect the amount needed to mitigate 6,858
the negative financial impact, if any, on the system, as 6,859
determined by each actuarial study. THE PERCENTAGE SHALL BE SIX 6,861
PER CENT, EXCEPT THAT THE PERCENTAGE MAY BE ADJUSTED BY THE OHIO 6,863
RETIREMENT STUDY COUNCIL TO REFLECT THE DETERMINATIONS MADE BY 6,864
ACTUARIAL STUDIES CONDUCTED UNDER SECTION 171.07 OF THE REVISED 6,865
CODE. Any increase or decrease in contributions ADJUSTMENT 6,866
shall become effective on the first day of July in the year in 6,868
which SECOND MONTH FOLLOWING SUBMISSION OF the actuarial study is 6,869
completed TO THE BOARD OF REGENTS UNDER SECTION 171.07 OF THE 6,870
REVISED CODE.
Contributions on behalf of an electing employee shall 6,873
continue in accordance with this division until the occurrence of 6,874
the following:
(1) If the electing employee would be subject to Chapter 6,876
145. of the Revised Code had the employee not made an election 6,877
pursuant to section 3305.05 of the Revised Code, until the 6,879
unfunded actuarial accrued liability for all benefits, except 6,881
health care benefits provided under section 145.325 or 145.58 of 6,882
the Revised Code AND BENEFIT INCREASES PROVIDED AFTER MARCH 31, 6,883
1997, is fully amortized, as determined by the annual actuarial 6,884
valuation prepared under section 145.22 of the Revised Code; 6,885
154
(2) If the electing employee would be subject to Chapter 6,887
3307. of the Revised Code had the employee not made an election 6,888
pursuant to section 3305.05 of the Revised Code, until the 6,889
unfunded actuarial accrued liability for all benefits, except 6,890
health care benefits provided under section 3307.39 or 3307.61 of 6,891
the Revised Code AND BENEFIT INCREASES PROVIDED AFTER MARCH 31, 6,893
1997, is fully amortized, as determined by the annual actuarial 6,894
valuation prepared under section 3307.51 of the Revised Code; 6,895
(3) If the electing employee would be subject to Chapter 6,897
3309. of the Revised Code had the employee not made an election 6,898
pursuant to section 3305.05 of the Revised Code, until the 6,899
unfunded actuarial accrued liability for all benefits, except 6,900
health care benefits provided under section 3309.375 or 3309.69 6,901
of the Revised Code AND BENEFIT INCREASES PROVIDED AFTER MARCH 6,902
31, 1997, is fully amortized, as determined by the annual 6,903
actuarial valuation prepared under section 3309.21 of the Revised 6,904
Code.
Sec. 3305.07. (A) Neither the state nor a public 6,914
institution of higher education shall be a party to any contract 6,916
purchased in whole or in part with contributions to an 6,917
alternative retirement plan made under section 3305.06 of the 6,918
Revised Code. No retirement, death, or other benefits shall be
payable by the state or by any public institution of higher 6,920
education under any alternative retirement plan elected pursuant 6,921
to this chapter. Except
(B)(1) EXCEPT as provided under DIVISION (B)(2) OF THIS 6,924
SECTION AND sections 3305.08 and 3305.09 of the Revised Code, 6,925
such benefits shall be paid to an electing employee or the 6,927
employee's beneficiaries in accordance with any contract the 6,928
employee enters into for purposes of the employee's alternative 6,930
retirement plan ADOPTED BY THE PUBLIC INSTITUTION OF HIGHER 6,931
EDUCATION AT WHICH THE EMPLOYEE IS EMPLOYED. 6,932
(2) A BENEFIT OR PAYMENT SHALL NOT BE PAID UNDER AN 6,934
INVESTMENT OPTION PRIOR TO THE TIME AN ELECTING EMPLOYEE DIES, 6,935
155
TERMINATES EMPLOYMENT WITH THE PUBLIC INSTITUTION OF HIGHER 6,936
EDUCATION, OR, IF PROVIDED UNDER THE ALTERNATIVE RETIREMENT PLAN 6,937
OR INVESTMENT OPTION, BECOMES DISABLED, EXCEPT THAT THE PROVIDER 6,938
OF THE INVESTMENT OPTION SHALL TRANSFER THE EMPLOYEE'S ACCOUNT 6,939
BALANCE TO ANOTHER PROVIDER AS PROVIDED UNDER DIVISION (G) OF 6,940
SECTION 3305.05 OF THE REVISED CODE. 6,941
Sec. 3305.08. Any payment, benefit, or other right 6,950
accruing to any electing employee under a contract the employee 6,952
enters ENTERED into for purposes of an alternative retirement 6,953
plan, any contributions to the electing employee's alternative 6,955
retirement plan A PROVIDER pursuant to section 3305.06 of the 6,957
Revised Code, and all moneys, investments, and income of those 6,958
contracts are exempt from any state tax, except the tax imposed 6,959
by section 5747.02 of the Revised Code, ARE EXEMPT FROM ANY 6,960
COUNTY, MUNICIPAL, OR OTHER LOCAL TAX, EXCEPT TAXES IMPOSED 6,961
PURSUANT TO SECTION 5748.02 OR 5748.08 OF THE REVISED CODE, and, 6,964
except as provided in sections 3105.171, 3105.65, 3111.23, 6,967
3113.21, 3115.32, AND 3305.09, 3311.23, and 3113.21 of the 6,969
Revised Code, shall not be subject to execution, garnishment, 6,972
attachment, the operation of bankruptcy or the insolvency law, or 6,973
other process of law, and shall be unassignable except as 6,974
specifically provided in this section and sections 3105.171,
3105.65, 3111.23 and, 3113.21, AND 3115.32 of the Revised Code 6,977
and OR IN any contract the electing employee has entered into for 6,979
purposes of an alternative retirement plan. 6,980
Sec. 3305.09. (A) Any payment that is to be made under a 6,989
contract an electing employee has entered into for purposes of 6,991
the FUNDING AN employee's alternative retirement plan BENEFIT 6,992
shall be subject to any withholding order issued pursuant to 6,994
SECTION 2907.15 OF THE REVISED CODE OR division (C)(2)(b) of
section 2921.41 of the Revised Code. The entity that entered 6,996
into PROVIDER OF the contract with the electing employee shall 6,999
comply with that withholding order in making the payment.
(B) If an entity that has entered into a contract with an 7,002
156
electing employee for purposes of the employee's alternative 7,003
retirement plan THE PROVIDER receives notice pursuant to SECTION 7,004
2907.15 OF THE REVISED CODE OR division (D) of section 2921.41 of 7,006
the Revised Code that the electing employee is charged with a 7,008
violation of that section 2907.02, 2907.03, 2907.04, 2907.05, OR 7,009
2921.41 OF THE REVISED CODE, no payment shall be made under the 7,011
contract prior to whichever of the following is applicable: 7,012
(1) If the person is convicted of or pleads guilty to the 7,014
charge and no motion for a withholding order for purposes of 7,015
restitution has been filed under SECTION 2907.15 OF THE REVISED 7,016
CODE OR division (C)(2)(b)(i) of section 2921.41 of the Revised 7,017
Code, thirty days after the date on which final disposition of 7,018
the charge is made; 7,019
(2) If the person is convicted of or pleads guilty to the 7,021
charge and a motion for a withholding order for purposes of 7,022
restitution has been filed under SECTION 2907.15 OF THE REVISED 7,023
CODE OR division (C)(2)(b)(i) of section 2921.41 of the Revised 7,025
Code, the date on which the court decides the motion;
(3) If the charge is dismissed or the person is found not 7,027
guilty of the charge or not guilty of the charge by reason of 7,028
insanity, the date on which final disposition of the charge is 7,029
made.
Sec. 3305.10. IF AN ELECTING EMPLOYEE IS MARRIED AT THE 7,031
TIME ONE OR MORE PAYMENTS ARE TO COMMENCE UNDER THE RETIREMENT 7,032
PLAN ESTABLISHED UNDER THIS CHAPTER, THE PROVIDER THAT WILL MAKE 7,033
THE PAYMENT SHALL OBTAIN THE CONSENT OF THE EMPLOYEE'S SPOUSE TO 7,034
THE FORM OF PAYMENT SELECTED BY THE EMPLOYEE BEFORE MAKING ANY 7,035
PAYMENT.
IF AN ELECTING EMPLOYEE IS MARRIED AT THE TIME THE EMPLOYEE 7,037
DIES, THE PROVIDER THAT WILL MAKE A PAYMENT OF ANY AMOUNTS THAT 7,038
ARE PAYABLE TO THE EMPLOYEE SHALL OBTAIN THE CONSENT OF THE 7,039
EMPLOYEE'S SPOUSE TO THE PAYMENT OF THE AMOUNTS BEFORE MAKING THE 7,040
PAYMENT.
EACH PROVIDER SHALL ESTABLISH REQUIREMENTS FOR CONSENT 7,042
157
UNDER THIS SECTION THAT ARE THE SAME AS THE REQUIREMENTS 7,044
SPECIFIED IN DIVISION (a)(2) OF SECTION 417 OF THE "INTERNAL 7,046
REVENUE CODE," 26 U.S.C.A. 417(a)(2), AS AMENDED. CONSENT MAY BE 7,049
WAIVED IF THE SPOUSE CANNOT BE LOCATED OR FOR ANY OTHER REASON 7,051
SPECIFIED IN THE REGULATIONS ADOPTED UNDER THAT SECTION. 7,052
CONSENT OR WAIVER IS EFFECTIVE ONLY WITH REGARD TO THE 7,054
SPOUSE WHO IS THE SUBJECT OF THE CONSENT OR WAIVER. 7,055
Sec. 3305.20. AS USED IN THIS SECTION, "PERSONAL HISTORY 7,057
RECORD" MEANS INFORMATION MAINTAINED BY THE ENTITY PROVIDING AN 7,058
ALTERNATIVE RETIREMENT PLAN ON AN INDIVIDUAL WHO PARTICIPATES IN 7,059
THE PLAN THAT INCLUDES THE ADDRESS, TELEPHONE NUMBER, SOCIAL 7,060
SECURITY NUMBER, RECORD OF CONTRIBUTIONS, CORRESPONDENCE WITH THE 7,061
PLAN, OR OTHER INFORMATION THE ENTITY PROVIDING THE PLAN 7,062
DETERMINES TO BE CONFIDENTIAL.
THE ENTITY SHALL COMPLY WITH ORDERS ISSUED UNDER SECTION 7,065
3105.87 OF THE REVISED CODE REQUIRING IT TO PROVIDE INFORMATION 7,066
FROM A PARTICIPANT'S PERSONAL HISTORY RECORD.
ON THE WRITTEN REQUEST OF AN ALTERNATE PAYEE, AS DEFINED IN 7,068
SECTION 3105.80 OF THE REVISED CODE, THE ENTITY PROVIDING THE 7,070
ALTERNATIVE RETIREMENT PLAN SHALL FURNISH TO THE ALTERNATE PAYEE 7,071
INFORMATION ON THE AMOUNT AND STATUS OF ANY AMOUNTS PAYABLE TO 7,072
THE ALTERNATE PAYEE UNDER AN ORDER ISSUED UNDER SECTION 3105.171 7,073
OR 3105.65 OF THE REVISED CODE. 7,074
Sec. 3305.21. (A) AS USED IN THIS SECTION, "ALTERNATE 7,076
PAYEE," "BENEFIT," "LUMP SUM PAYMENT," AND "PARTICIPANT" HAVE THE 7,078
SAME MEANINGS AS IN SECTION 3105.80 OF THE REVISED CODE.
(B) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.171 7,080
OR 3105.65 OF THE REVISED CODE, AN ENTITY PROVIDING A 7,081
PARTICIPANT'S ALTERNATIVE RETIREMENT PLAN SHALL DETERMINE WHETHER 7,082
THE ORDER MEETS THE REQUIREMENTS OF SECTIONS 3105.80 TO 3105.90 7,084
OF THE REVISED CODE. THE ENTITY SHALL RETAIN IN THE
PARTICIPANT'S RECORD AN ORDER THE ENTITY DETERMINES MEETS THE 7,086
REQUIREMENTS. NOT LATER THAN TEN DAYS AFTER RECEIPT, THE ENTITY 7,087
SHALL RETURN TO THE COURT THAT ISSUED THE ORDER ANY ORDER THE 7,088
158
ENTITY DETERMINES DOES NOT MEET THE REQUIREMENTS.
(C) THE ENTITY SHALL COMPLY WITH AN ORDER RETAINED UNDER 7,090
DIVISION (B) OF THIS SECTION AT THE FOLLOWING TIMES AS 7,091
APPROPRIATE:
(1) IF THE PARTICIPANT HAS APPLIED FOR OR IS RECEIVING A 7,093
BENEFIT OR HAS APPLIED FOR BUT NOT YET RECEIVED A LUMP SUM 7,094
PAYMENT, AS SOON AS PRACTICABLE;
(2) IF THE PARTICIPANT HAS NOT APPLIED FOR A BENEFIT OR 7,096
LUMP SUM PAYMENT, ON APPLICATION BY THE PARTICIPANT FOR A BENEFIT 7,097
OR LUMP SUM PAYMENT.
(D) IF AN ENTITY PROVIDING AN ALTERNATIVE RETIREMENT PLAN 7,099
IS REQUIRED TO TRANSFER A PARTICIPANT'S ACCOUNT BALANCE TO AN 7,100
ENTITY PROVIDING AN ALTERNATIVE RETIREMENT PLAN THAT IS NOT NAMED 7,101
IN THE ORDER, THE TRANSFERRING ENTITY SHALL DO BOTH OF THE 7,102
FOLLOWING:
(1) NOTIFY THE COURT THAT ISSUED THE ORDER BY SENDING THE 7,104
COURT A COPY OF THE ORDER AND THE NAME AND ADDRESS OF THE ENTITY 7,105
TO WHICH THE TRANSFER WAS MADE. 7,106
(2) SEND A COPY OF THE ORDER TO THE ENTITY TO WHICH THE 7,108
TRANSFER WAS MADE.
(E) AN ENTITY THAT RECEIVES A PARTICIPANT'S ACCOUNT 7,110
BALANCE AND A COPY OF AN ORDER AS PROVIDED IN DIVISION (D) OF 7,112
THIS SECTION, SHALL ADMINISTER THE ORDER AS IF IT WERE THE ENTITY 7,113
NAMED IN THE ORDER. 7,114
(F) IF A PARTICIPANT'S BENEFIT OR LUMP SUM PAYMENT IS OR 7,117
WILL BE SUBJECT TO MORE THAN ONE ORDER DESCRIBED IN SECTION 7,118
3105.81 OF THE REVISED CODE OR TO AN ORDER DESCRIBED IN SECTION 7,119
3105.81 OF THE REVISED CODE AND A WITHHOLDING ORDER UNDER SECTION 7,120
3111.23 OR 3113.21 OF THE REVISED CODE, THE ENTITY PROVIDING THE 7,122
ALTERNATIVE RETIREMENT PLAN SHALL, AFTER DETERMINING THAT THE 7,124
AMOUNTS THAT ARE OR WILL BE WITHHELD WILL CAUSE THE BENEFIT OR
LUMP SUM PAYMENT TO FALL BELOW THE LIMITS DESCRIBED IN SECTION 7,125
3105.85 OF THE REVISED CODE, DO ALL OF THE FOLLOWING: 7,127
(1) ESTABLISH, IN ACCORDANCE WITH DIVISION (G) OF THIS 7,129
159
SECTION AND SUBJECT TO THE LIMITS DESCRIBED IN SECTION 3105.85 OF 7,131
THE REVISED CODE, THE PRIORITY IN WHICH THE ORDERS ARE OR WILL BE 7,133
PAID;
(2) REDUCE THE AMOUNT PAID TO AN ALTERNATE PAYEE BASED ON 7,135
THE PRIORITY ESTABLISHED UNDER DIVISION (F)(1) OF THIS SECTION; 7,136
(3) NOTIFY, BY REGULAR MAIL, A PARTICIPANT AND ALTERNATE 7,139
PAYEE OF ANY ACTION TAKEN UNDER THIS DIVISION. 7,140
(G) A WITHHOLDING OR DEDUCTION NOTICE ISSUED UNDER SECTION 7,142
3111.23 OR 3113.21 OF THE REVISED CODE OR AN ORDER DESCRIBED IN 7,143
SECTION 3115.32 OF THE REVISED CODE HAS PRIORITY OVER ALL OTHER 7,144
ORDERS AND SHALL BE COMPLIED WITH IN ACCORDANCE WITH CHILD 7,145
SUPPORT ENFORCEMENT LAWS. ALL OTHER ORDERS ARE ENTITLED TO
PRIORITY IN ORDER OF EARLIEST RETENTION BY THE ENTITY PROVIDING A 7,146
PARTICIPANT'S ALTERNATIVE RETIREMENT PLAN. THE ENTITY IS NOT TO 7,147
RETAIN AN ORDER THAT PROVIDES FOR THE DIVISION OF PROPERTY UNLESS 7,148
THE ORDER IS FILED IN A COURT WITH JURISDICTION IN THIS STATE. 7,149
(H) AN ENTITY PROVIDING AN ALTERNATIVE RETIREMENT PLAN IS 7,151
NOT LIABLE IN CIVIL DAMAGES FOR LOSS RESULTING FROM ANY ACTION OR 7,152
FAILURE TO ACT IN COMPLIANCE WITH THIS SECTION. 7,153
Sec. 3305.22. AS USED IN THIS SECTION, "ALTERNATE PAYEE" 7,155
HAS THE SAME MEANING AS IN SECTION 3105.80 OF THE REVISED CODE. 7,156
IF A PERSON WHO IS AN ALTERNATE PAYEE IS PAID ANY AMOUNT 7,158
UNDER AN ORDER ISSUED UNDER SECTION 3105.171 OR 3105.65 OF THE 7,161
REVISED CODE TO WHICH THE PERSON IS NOT ENTITLED BY AN ENTITY 7,162
PROVIDING AN ALTERNATIVE RETIREMENT PLAN, THE PERSON SHALL REPAY 7,164
THE ENTITY. IF THE PERSON FAILS TO REPAY, THE ENTITY SHALL 7,165
WITHHOLD THE AMOUNT FROM ANY PAYMENT DUE THE PERSON UNDER THE 7,166
ORDER OR MAY COLLECT THE AMOUNT IN ANY OTHER MANNER PROVIDED BY 7,167
LAW.
Sec. 3307.071. NOTWITHSTANDING SECTIONS 3307.06 AND 7,169
3307.07 OF THE REVISED CODE, THE STATE TEACHERS RETIREMENT BOARD 7,170
IS NOT REQUIRED TO HOLD AN ELECTION FOR A POSITION ON THE BOARD 7,171
AS A TEACHER MEMBER OR RETIRED TEACHER MEMBER IF ONLY ONE 7,172
CANDIDATE HAS BEEN NOMINATED FOR THE POSITION BY PETITION IN 7,173
160
ACCORDANCE WITH SECTION 3307.07 OF THE REVISED CODE. THE 7,174
CANDIDATE SHALL TAKE OFFICE AS IF ELECTED. THE TERM OF OFFICE 7,175
SHALL BE FOUR YEARS BEGINNING ON THE FIRST DAY OF SEPTEMBER 7,177
FOLLOWING THE DATE THE CANDIDATE WAS NOMINATED.
Sec. 3307.19. The state teachers retirement board shall 7,186
provide for the maintenance of an individual account for each 7,188
member CONTRIBUTOR showing the amount of the member's 7,189
CONTRIBUTOR'S contributions and any accumulations thereon. 7,190
Sec. 3307.20. (A) As used in this section: 7,199
(1) "Personal history record" means information maintained 7,202
by the state teachers retirement board on AN INDIVIDUAL WHO IS a 7,203
member, former member, contributor, former contributor, retirant, 7,204
or beneficiary that includes the address, telephone number, 7,205
social security number, record of contributions, correspondence 7,206
with the state teachers retirement system, or other information 7,208
the board determines to be confidential.
(2) "Retirant" has the same meaning as in section 3307.50 7,210
of the Revised Code.
(B) The records of the board shall be open to public 7,212
inspection, except for the following, which shall be excluded, 7,213
except with the written authorization of the individual 7,214
concerned: 7,215
(1) The individual's personal records provided for in 7,217
section 3307.23 of the Revised Code; 7,218
(2) The individual's personal history record; 7,220
(3) Any information identifying, by name and address, the 7,222
amount of a monthly allowance or benefit paid to the individual. 7,223
(C) All medical reports and recommendations under sections 7,225
3307.62, 3307.64, and 3307.66 of the Revised Code are privileged, 7,227
except that copies of such medical reports or recommendations 7,228
shall be made available to the personal physician, attorney, or 7,229
authorized agent of the individual concerned upon written release 7,230
received from the individual or the individual's agent, or, when 7,232
necessary for the proper administration of the fund, to the board 7,233
161
assigned physician.
(D) Any person who is a member or contributor of the 7,235
system shall be furnished, on written request, with a statement 7,237
of the amount to the credit of the person's account. The board 7,238
need not answer more than one request of a person in any one 7,239
year.
(E) Notwithstanding the exceptions to public inspection in 7,241
division (B) of this section, the board may furnish the following 7,243
information:
(1) If a member, former member, retirant, contributor, or 7,245
former contributor is subject to an order issued under section 7,246
2907.15 of the Revised Code or is convicted of or pleads guilty 7,247
to a violation of section 2921.41 of the Revised Code, on written 7,248
request of a prosecutor as defined in section 2935.01 of the 7,249
Revised Code, the board shall furnish to the prosecutor the 7,250
information requested from the individual's personal history 7,251
record. 7,252
(2) Pursuant to a court or administrative order issued 7,254
under section 3111.23 or 3113.21 of the Revised Code, the board 7,255
shall furnish to a court or child support enforcement agency the 7,256
information required under that section. 7,257
(3) At the written request of any person, the board shall 7,259
provide to the person a list of the names and addresses of 7,260
members, former members, retirants, contributors, former 7,261
contributors, or beneficiaries. The costs of compiling, copying, 7,262
and mailing the list shall be paid by such person. 7,263
(4) Within fourteen days after receiving from the director 7,265
of job and family services a list of the names and social 7,266
security numbers of recipients of public assistance pursuant to 7,267
section 5101.181 of the Revised Code, the board shall inform the 7,268
auditor of state of the name, current or most recent employer 7,269
address, and social security number of each member whose name and 7,270
social security number are the same as that of a person whose 7,271
name or social security number was submitted by the director. 7,272
162
The board and its employees shall, except for purposes of 7,273
furnishing the auditor of state with information required by this 7,274
section, preserve the confidentiality of recipients of public 7,275
assistance in compliance with division (A) of section 5101.181 of 7,276
the Revised Code.
(5) THE SYSTEM SHALL COMPLY WITH ORDERS ISSUED UNDER 7,279
SECTION 3105.87 OF THE REVISED CODE.
ON THE WRITTEN REQUEST OF AN ALTERNATE PAYEE, AS DEFINED IN 7,281
SECTION 3105.80 OF THE REVISED CODE, THE SYSTEM SHALL FURNISH TO 7,283
THE ALTERNATE PAYEE INFORMATION ON THE AMOUNT AND STATUS OF ANY 7,284
AMOUNTS PAYABLE TO THE ALTERNATE PAYEE UNDER AN ORDER ISSUED 7,285
UNDER SECTION 3105.171 OR 3105.65 OF THE REVISED CODE. 7,286
(F) A statement that contains information obtained from 7,288
the system's records that is signed by an officer of the 7,289
retirement system and to which the system's official seal is 7,290
affixed, or copies of the system's records to which the signature 7,291
and seal are attached, shall be received as true copies of the 7,292
system's records in any court or before any officer of this 7,293
state. 7,294
Sec. 3307.25. (A) An individual who becomes a member of 7,303
the state teachers retirement system on or after the date on 7,305
which the state teachers retirement board establishes a plan 7,306
under section 3307.81 of the Revised Code shall make an election 7,307
under this section. Not later than one hundred eighty days after 7,308
the date on which employment begins, the individual shall elect 7,309
to participate either in the plan described in sections 3307.50 7,310
to 3307.79 of the Revised Code or one of the plans established 7,312
under section 3307.81 of the Revised Code. If a form evidencing 7,313
an election under this section is not on file with the employer 7,314
SYSTEM at the end of the one-hundred-eighty-day period, the 7,316
individual is deemed to have elected to participate in the plan 7,318
described in sections 3307.50 to 3307.79 of the Revised Code. 7,319
(B) An election under this section shall be made in 7,321
writing on a form provided by the retirement system and filed 7,322
163
with the employer's personnel officer. Not later than ten days 7,323
after receiving the form evidencing the election, the employer 7,324
shall transmit to the system a copy that includes a statement 7,325
certifying that it is a true and accurate copy of the original 7,326
SYSTEM.
(C) An election under this section shall take effect on 7,328
the date employment began and, except as provided in section 7,329
3307.88 of the Revised Code, is irrevocable on receipt by the 7,330
employer AT THE END OF THE ELECTION PERIOD DESCRIBED IN DIVISION 7,331
(A) OF THIS SECTION.
(D) An individual is ineligible to make an election under 7,333
this section if one of the following applies: 7,334
(1) At the time employment begins, the individual is 7,336
already a member or contributor participating in the plan 7,337
described in sections 3307.50 to 3307.79 of the Revised Code or, 7,338
a superannuate of the system, OR AN OTHER SYSTEM RETIRANT, AS 7,339
DEFINED IN SECTION 3307.35 OF THE REVISED CODE; 7,340
(2) An election to participate in an alternative 7,342
retirement plan under section 3305.05 of the Revised Code is in 7,343
effect for employment covered by the system. 7,344
Sec. 3307.251. As used in this section, "accumulated 7,353
contributions" and "total service credit" have the same meanings 7,354
as in section 3307.50 of the Revised Code. 7,355
(A) A member of the state teachers retirement system who, 7,357
as of the thirtieth day of june JUNE immediately preceding the 7,359
date on which the system establishes a plan under section 3307.81 7,361
of the Revised Code, has less than five years of total service 7,363
credit is eligible to make an election under this section.
Not later than one hundred eighty days after the day the 7,365
STATE TEACHERS RETIREMENT board first establishes one or more 7,366
plans under section 3307.81 of the Revised Code, an eligible 7,368
member may elect to participate in a plan established under that 7,370
section. If an election is not made, a member to whom this 7,371
section applies is deemed to have elected to continue 7,372
164
participating in the plan described in sections 3307.50 to 7,373
3307.79 of the Revised Code. 7,374
(B) An election under this section shall be made in 7,376
writing on a form provided by the system and filed with the 7,377
system.
(C) On receipt of an election under this section, the 7,379
system shall do both of the following: 7,380
(1) Credit to the account of the member in the defined 7,382
contribution fund the accumulated contributions standing to the 7,383
member's credit in the teachers' savings fund, plus an amount 7,384
calculated under section 3307.563 of the Revised Code INTEREST AT 7,385
A RATE DETERMINED BY THE BOARD; 7,386
(2) Cancel all service credit and eligibility for any 7,388
payment, benefit, or right under the plan described in sections 7,389
3307.50 to 3307.79 of the Revised Code. 7,390
(D) An election under this section shall be irrevocable on 7,392
receipt by the system AT THE END OF THE ELECTION PERIOD DESCRIBED 7,393
IN DIVISION (A) OF THIS SECTION. 7,394
Sec. 3307.26. Each teacher shall contribute eight per cent 7,403
of the teacher's earned compensation, except that the state 7,405
teachers retirement board may raise the contribution rate to a 7,406
rate not greater than ten per cent of the teacher's earned 7,407
compensation. For teachers participating in the plan described 7,408
in sections 3307.50 to 3307.79 of the Revised Code, contributions 7,409
shall be deposited in the teachers' savings fund. For teachers 7,411
participating in a plan established under section 3307.81 of the 7,412
Revised Code, contributions shall be deposited in the defined 7,414
contribution fund. Contributions made pursuant to this section 7,415
shall not exceed the limits established by section 415 of the 7,416
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, 7,418
as amended.
The contribution for all teachers shall be deducted by the 7,421
employer on each payroll in an amount equal to the applicable per 7,422
cent of the teachers' paid compensation for such payroll period 7,424
165
or other period as the board may approve. All contributions on 7,425
earned PAID compensation for teachers participating in plans 7,426
established under section 3307.81 of the Revised Code shall be 7,427
remitted at intervals required by the state teachers retirement 7,429
system under section 3307.86 of the Revised Code. All 7,430
contributions on earned compensation for teachers participating 7,432
in the plan described in sections 3307.50 to 3307.79 of the 7,433
Revised Code shall be remitted to the state teachers retirement 7,436
system by the thirtieth day of June of each year. Each school 7,437
district shall encumber sufficient moneys by the thirtieth day of 7,438
June of each year to account for the difference, if any, that may 7,439
exist between contributions that would be withheld based upon 7,440
compensation earned by a teacher during the year ending the 7,441
thirtieth day of June and the contributions withheld based upon 7,442
compensation paid to the teacher for the year. Deductions from 7,443
payroll for contributions under this section, on an annual basis, 7,444
shall not exceed eight per cent or other percentage established 7,445
by the board authorized by this section. 7,446
At retirement under the plan described in sections 3307.50 7,448
to 3307.79 of the Revised Code, or upon a member's death prior to 7,449
retirement under that plan, if contributions have been made after 7,450
September 1, 1959, in excess of the contributions normally 7,452
required to provide the retirement or survivor benefit, the 7,453
excess contributions may be refunded to the member, to the 7,455
member's beneficiary, or to the member's estate in a lump sum, or 7,457
may be used to provide additional income.
The board may determine with regard to any member 7,459
participating in the plan described in sections 3307.50 to 7,460
3307.79 of the Revised Code whether the limits established by 7,461
division (C) of section 3307.58 of the Revised Code have resulted 7,464
in exclusion from use in the calculation of benefits under 7,465
section 3307.58, 3307.59, or 3307.60 of the Revised Code of any 7,467
compensation on which contributions have been made under this
section. The board may adopt rules in accordance with section 7,468
166
111.15 of the Revised Code providing for the disposition of 7,469
contributions attributable to such compensation and may dispose 7,470
of the contributions in accordance with those rules. Any 7,471
disposition of contributions made by the board in accordance with 7,472
the rules shall be final. 7,473
The deductions under this section shall be made even though 7,475
the minimum compensation provided by law for any teacher shall be 7,476
reduced thereby. Every teacher shall be deemed to consent to the 7,477
deductions made. Payment less the deductions shall be a complete 7,479
discharge and acquittance of all claims and demands for the 7,480
services rendered by the person during the period covered by the 7,481
payment. 7,482
Additional deposits may be made to a member's account in 7,484
the teachers' savings fund or defined contribution fund, subject 7,486
to rules of the board. At retirement, the amount deposited with 7,487
interest may be used to provide additional annuity income. The 7,488
additional deposits may be refunded to the member before 7,489
retirement, and shall be refunded if the member withdraws the 7,490
member's refundable account. The deposits may be refunded to the
beneficiary or estate if the member dies before retirement. 7,491
Sec. 3307.292. THE STATE TEACHERS RETIREMENT BOARD SHALL 7,493
ADOPT RULES ESTABLISHING PENALTIES TO BE PAID BY EMPLOYERS WHO 7,494
FAIL TO TRANSMIT TO THE STATE TEACHERS RETIREMENT SYSTEM THE 7,495
CONTRIBUTIONS REQUIRED UNDER SECTIONS 3307.26 AND 3307.28 OF THE 7,496
REVISED CODE. THE RULES MAY PROVIDE FOR INTEREST, AT A RATE
DETERMINED BY THE BOARD, IN ADDITION TO THE PENALTIES. 7,497
Sec. 3307.35. (A) As used in this section AND SECTION 7,506
3307.352 OF THE REVISED CODE, "other system retirant" means a 7,507
member or former member of the public employees retirement 7,508
system, Ohio police and fire pension fund, school employees 7,509
retirement system, state highway patrol retirement system, or 7,510
Cincinnati retirement system who is receiving age and service or 7,511
commuted age and service retirement, or a disability benefit from 7,512
a system of which the retirant is a member or former member. 7,513
167
(B) A superannuate or other system retirant may be 7,515
employed as a teacher.
(C) A superannuate or other system retirant employed in 7,518
accordance with this section shall contribute to the state
teachers retirement system in accordance with section 3307.26 of 7,520
the Revised Code and the employer shall contribute in accordance 7,521
with sections 3307.28 and 3307.31 of the Revised Code. Such 7,522
contributions shall be received as specified in section 3307.14 7,523
of the Revised Code. A superannuate or other system retirant 7,525
employed as a teacher is not a member of the state teachers 7,526
retirement system, does not have any of the rights, privileges, 7,527
or obligations of membership, except as provided in this section, 7,528
and is not eligible to receive health, medical, hospital, or 7,529
surgical benefits under section 3307.39 of the Revised Code for 7,530
employment subject to this section. 7,531
(D) The employer that employs a superannuate or other 7,533
system retirant shall notify the state teachers retirement board 7,534
of the employment not later than the end of the month in which 7,535
the employment commences. Any overpayment of benefits to a 7,536
superannuate by the retirement system resulting from an 7,537
employer's failure to give timely notice may be charged to the 7,538
employer and may be certified and deducted as provided in section 7,539
3307.31 of the Revised Code. 7,540
(E) On receipt of notice from an employer that a person 7,542
who is an other system retirant has been employed, the state 7,543
teachers retirement system shall notify the state retirement 7,544
system of which the other system retirant was a member of such 7,545
employment. 7,546
(F) A superannuate or other system retirant who has 7,548
received an allowance or benefit for less than two months when 7,550
employment subject to this section commences shall forfeit the 7,551
allowance or benefit for ANY MONTH the SUPERANNUATE OR RETIRANT 7,552
IS EMPLOYED PRIOR TO THE EXPIRATION OF SUCH period that begins on 7,553
the date the employment commences and ends on the earlier of the
168
date the employment terminates or the date that is two months 7,554
after the date on which the allowance or benefit commenced. 7,555
Contributions shall be made to the retirement system from the 7,556
first day of such employment, but service and contributions for 7,557
that period shall not be used in the calculation of any benefit 7,558
payable to the superannuate or other system retirant, and those 7,559
contributions shall be refunded on the superannuate's or 7,560
retirant's death or termination of the employment. Contributions 7,562
made on compensation earned after the expiration of such period 7,563
shall be used in calculation of the benefit or payment due under 7,564
this section 3307.352 OF THE REVISED CODE. 7,565
(G) On receipt of notice from the Ohio police and fire 7,568
pension fund, public employees retirement system, or school 7,570
employees retirement system of the re-employment of a
superannuate, the state teachers retirement system shall not pay, 7,571
or if paid shall recover, the amount to be forfeited by the 7,572
superannuate in accordance with section 145.38, 742.26, or 7,573
3309.341 of the Revised Code. 7,574
(H)(1) On termination of employment under this section, a 7,576
superannuate or other system retirant may file an application 7,577
with the state teachers retirement system for a benefit under 7,578
this division. The benefit shall consist of a single life 7,580
annuity having a reserve equal to the amount of the 7,581
superannuate's or retirant's accumulated contributions, as 7,583
defined in section 3307.50 of the Revised Code, for the period of 7,584
employment, other than the contributions excluded pursuant to 7,585
division (F) of this section, and an equal amount from the 7,586
employers' trust created by section 3307.14 of the Revised Code, 7,587
plus interest credited to the date of retirement at the then 7,588
current actuarial rate of interest. The superannuate or other 7,589
system retirant shall elect either to receive the benefit as a 7,590
monthly annuity for life or a lump-sum payment discounted to the 7,591
present value using the current actuarial assumption rate of 7,592
interest, except that if the monthly annuity would be less than 7,593
169
twenty-five dollars per month the superannuate or retirant shall 7,594
receive a lump-sum payment.
(2) A benefit payable under this division shall commence 7,596
on the latest of the following: 7,597
(a) The last day for which compensation for employment as 7,599
a teacher was paid; 7,600
(b) Attainment by the superannuate or other system 7,602
retirant of age sixty-five; 7,603
(c) If the superannuate or other system retirant was 7,605
previously employed under this section and previously received or 7,606
is receiving a benefit under this division, completion of a 7,607
period of twelve months since the effective date of the last 7,608
benefit under this division. 7,609
(3)(a) If a superannuate or other system retirant dies 7,611
while employed in employment subject to this section, a lump-sum 7,612
payment calculated in accordance with division (H)(1) of this 7,613
section shall be paid to the beneficiary designated under 7,614
division (D) of section 3307.562 of the Revised Code. 7,615
(b) If at the time of death a superannuate or other system 7,618
retirant receiving a monthly annuity has received less than the 7,619
superannuate or retirant would have received as a lump-sum 7,620
payment, the difference between the amount received and the 7,621
amount that would have been received as a lump-sum payment shall 7,623
be paid to the superannuate's or retirant's beneficiary 7,624
designated under division (D) of section 3307.562 of the Revised 7,626
Code.
(4) No amount received under this section shall be 7,628
included in determining an additional benefit under section 7,629
3307.67 of the Revised Code or any other post-retirement benefit 7,631
increase.
(I) If the disability benefit of an other system retirant 7,633
employed under this section is terminated, the retirant shall 7,634
become a member of the state teachers retirement system, 7,635
effective on the first day of the month next following the 7,636
170
termination, with all the rights, privileges, and obligations of 7,637
membership. If such person, after the termination of the 7,638
retirant's disability benefit, earns two years of service credit 7,640
under this retirement system or under the public employees 7,641
retirement system, Ohio police and fire pension fund, school 7,642
employees retirement system, or state highway patrol retirement 7,644
system, the retirant's prior contributions as an other system 7,645
retirant under this section shall be included in the retirant's 7,646
total service credit, as defined in section 3307.50 of the 7,647
Revised Code, as a state teachers retirement system member, and 7,649
the retirant shall forfeit all rights and benefits of this 7,651
section. Not more than one year of credit may be given for any 7,652
period of twelve months.
(J) A superannuate shall not receive the portion of an 7,654
allowance or benefit that is attributable to contributions made 7,656
under section 3307.28 of the Revised Code for any period for 7,657
which the superannuate is compensated under a private contract, 7,658
or through an independent contractor, whereby the superannuate is 7,659
to perform personal or professional services for the employer by 7,661
which the superannuate was employed at the time of retirement. 7,663
(K)(I) This section does not affect the receipt of 7,665
benefits by or eligibility for benefits of any person who on 7,666
August 20, 1976, was receiving a disability benefit or service 7,667
retirement pension or allowance from a state or municipal 7,668
retirement system in Ohio and was a member of any other state or 7,669
municipal retirement system of this state. 7,670
(L)(J) The state teachers retirement board may make the 7,673
necessary rules to carry into effect this section and to prevent 7,674
the abuse of the rights and privileges thereunder. 7,675
Sec. 3307.351. (A) As used in this section: 7,684
(1) In addition to the meaning in section 3307.01 of the 7,686
Revised Code, when appropriate "compensation" has the same 7,687
meaning as in section 3309.01 of the Revised Code. 7,688
(2) "Earnable salary" has the same meaning as in section 7,690
171
145.01 of the Revised Code. 7,691
(3) "STRS position" means a position for which a member of 7,693
the state teachers retirement system is making contributions to 7,694
the system. 7,695
(4) "Other state retirement system" means the public 7,697
employees retirement system or the school employees retirement 7,698
system.
(5) "State retirement system" means the public employees 7,700
retirement system, state teachers retirement system, or the 7,701
school employees retirement system. 7,702
(B)(1) A member of the state teachers retirement system 7,704
who holds two or more STRS positions may retire under section 7,705
3307.57, 3307.58, or 3307.60 of the Revised Code from the 7,706
position for which the annual compensation at the time of 7,708
retirement is highest and continue to contribute to the 7,710
retirement system for the other STRS position or positions. 7,711
(2) A member of the state teachers retirement system who 7,713
also holds one or more other positions covered by the other state 7,714
retirement systems may retire under section 3307.57, 3307.58, or 7,715
3307.60 of the Revised Code from the STRS position and continue 7,716
contributing to the other state retirement systems if the annual 7,717
compensation for the STRS position at the time of retirement is 7,718
greater than annual compensation or earnable salary for the 7,720
position, or any of the positions, covered by the other state 7,721
retirement systems. 7,723
(3) A member of the state teachers retirement system who 7,725
holds two or more STRS positions and at least one other position 7,726
covered by one of the other state retirement systems may retire 7,727
under section 3307.57, 3307.58, or 3307.60 of the Revised Code 7,728
from one of the STRS positions and continue contributing to the 7,730
state teachers retirement system and the other state retirement 7,731
system if the annual compensation for the STRS position from 7,733
which the member is retiring is, at the time of retirement, 7,734
greater than the annual compensation or earnable salary for any 7,735
172
of the positions for which the member is continuing to make 7,737
contributions.
(4) A member of the state teachers retirement system who 7,739
has retired as provided in division (B)(2) or (3) of section 7,740
145.383 or division (B)(2) or (3) of section 3309.343 of the 7,741
Revised Code may continue to contribute to the state teachers 7,743
retirement system for an STRS position if the member held the 7,744
position at the time of retirement from the other state 7,745
retirement system.
(5) A member who contributes to the state teachers 7,747
retirement system in accordance with division (B)(1), (3), or (4) 7,748
of this section shall contribute in accordance with section 7,749
3307.26 of the Revised Code. The member's employer shall 7,750
contribute as provided in section 3307.28 of the Revised Code. 7,751
Neither the member nor the member's survivors are eligible for 7,752
any benefits based on those contributions other than those 7,753
provided under this section or section 145.383 145.384, 3307.352, 7,755
or 3309.343 3309.344 of the Revised Code. 7,756
(C)(1) In determining retirement eligibility and the 7,758
annual retirement allowance of a member who retires as provided 7,759
in division (B)(1), (2), or (3) of this section, the following 7,760
shall be used to the date of retirement: 7,761
(a) The member's earnable salary and compensation for all 7,763
positions covered by a state retirement system; 7,764
(b) Total service credit in any state retirement system, 7,766
except that the credit shall not exceed one year of credit for 7,767
any period of twelve months; 7,768
(c) All THE MEMBER'S ACCUMULATED contributions, including 7,770
amounts paid to purchase service credit and amounts paid to 7,772
restore service credit under sections 145.311, 3307.711, and 7,773
3309.261 of the Revised Code. 7,774
(2) A member who retires as provided in division (B)(1), 7,776
(2), or (3) of this section is a retirant for all purposes of 7,777
this chapter, except that the member is not subject to section 7,778
173
3307.35 of the Revised Code for a position or positions for which 7,779
contributions continue under those divisions or division (B)(4) 7,780
of this section. 7,781
(D) On retirement from a position for which contributions 7,783
were made under division (B)(1), (3), or (4) of this section, the 7,784
retired member is eligible for a benefit consisting of a single 7,785
life annuity having a reserve equal to the amount of the retired 7,786
member's accumulated contributions under division (B)(1), (3), or 7,787
(4) of this section plus an equal amount of the employer's 7,788
contributions plus interest credited to the date of retirement at 7,789
the current actuarial rate of interest. The retired member shall 7,791
elect either to receive the benefit as a monthly annuity for life 7,792
or a lump-sum payment discounted to the present value using the 7,794
current actuarial assumption rate of interest, except that if the 7,795
annuity would be less than twenty-five dollars per month, the 7,796
retired member shall receive a lump-sum payment. 7,797
A benefit payable under this division commences on the 7,799
later of the first day of the first month following the last day 7,801
for which the retired member contributed under division (B)(1), 7,802
(3), or (4) of this section or attainment by the retired member 7,803
of age sixty-five.
A retired member receiving a benefit under this division 7,805
SECTION 3307.352 OF THE REVISED CODE BASED ON EMPLOYMENT SUBJECT 7,806
TO THIS SECTION is not a member of the state teachers retirement 7,807
system and does not have any rights, privileges, or obligations 7,808
of membership. No amounts received under this division shall be 7,809
included in determining an increase under section 3307.67 of the 7,810
Revised Code or any other post-retirement benefit increase. The 7,811
retired member is a superannuate for purposes of section 3307.35 7,812
of the Revised Code.
(E) If a member contributing toward a benefit under 7,814
division (D) of this section dies before receiving the benefit, a 7,816
lump sum calculated in accordance with that division shall be 7,817
paid to the beneficiary designated under division (F) of this 7,819
174
section.
If a retired member receiving a monthly annuity under 7,821
division (D) of this section dies before receiving an amount 7,822
equal to the lump-sum payment that would be paid under that 7,823
division, the difference between the amount received and the 7,824
amount that would have been paid as a lump-sum payment shall be 7,825
paid to the beneficiary designated under division (F) of this 7,826
section.
(F) A retired member may designate one or more persons as 7,828
beneficiary to receive any benefits payable under division (E) of 7,829
this section due to death. The designation shall be in writing 7,830
duly executed on a form provided by the state teachers retirement 7,831
system, signed by the retired member and filed with the board 7,832
prior to death. The last designation of the beneficiary revokes 7,833
all previous designations. The retired member's marriage, 7,834
divorce, marriage termination, legal separation, or birth or 7,835
adoption of a child revokes all previous designations. If there 7,836
is no designated beneficiary, the beneficiary is the beneficiary 7,837
determined under division (D) of section 3307.562 of the Revised 7,839
Code. If any benefit payable under this section due to the death 7,841
of a retired member is not claimed by a beneficiary within five 7,842
years after death, the amount payable shall be transferred to the 7,843
guarantee fund and thereafter paid to the beneficiary or the 7,844
estate of the retired member on application to the system. 7,845
(G) The state teachers retirement board may adopt rules to 7,847
carry out this section. 7,848
Sec. 3307.352. FOR PURPOSES OF THIS SECTION, 7,850
"SUPERANNUATE" INCLUDES A MEMBER WHO RETIRED UNDER SECTION 7,852
3307.351 OF THE REVISED CODE.
(A) A SUPERANNUATE OR OTHER SYSTEM RETIRANT WHO HAS MADE 7,854
CONTRIBUTIONS UNDER SECTION 3307.35 OR 3307.351 OF THE REVISED 7,855
CODE MAY FILE AN APPLICATION WITH THE STATE TEACHERS RETIREMENT 7,856
SYSTEM FOR A BENEFIT UNDER THIS SECTION. THE BENEFIT SHALL 7,857
CONSIST OF A SINGLE LIFE ANNUITY HAVING A RESERVE EQUAL TO THE 7,859
175
AMOUNT OF THE SUPERANNUATE'S OR RETIRANT'S ACCUMULATED 7,860
CONTRIBUTIONS, AS DEFINED IN SECTION 3307.50 OF THE REVISED CODE, 7,861
FOR THE PERIOD OF EMPLOYMENT, OTHER THAN THE CONTRIBUTIONS 7,862
EXCLUDED PURSUANT TO DIVISION (F) OF SECTION 3307.35 OF THE 7,863
REVISED CODE, AND AN EQUAL AMOUNT FROM THE EMPLOYERS' TRUST 7,864
CREATED BY SECTION 3307.14 OF THE REVISED CODE, PLUS INTEREST 7,865
CREDITED TO THE DATE OF RETIREMENT AT THE THEN CURRENT ACTUARIAL 7,866
RATE OF INTEREST. THE SUPERANNUATE OR OTHER SYSTEM RETIRANT 7,867
SHALL ELECT EITHER TO RECEIVE THE BENEFIT AS A MONTHLY ANNUITY 7,868
FOR LIFE OR A LUMP SUM PAYMENT DISCOUNTED TO THE PRESENT VALUE 7,869
USING THE CURRENT ACTUARIAL ASSUMPTION RATE OF INTEREST, EXCEPT 7,870
THAT IF THE MONTHLY ANNUITY WOULD BE LESS THAN TWENTY-FIVE 7,871
DOLLARS PER MONTH THE SUPERANNUATE OR RETIRANT SHALL RECEIVE A 7,873
LUMP SUM PAYMENT.
(B) A BENEFIT PAYABLE UNDER THIS SECTION SHALL COMMENCE ON 7,876
THE LATEST OF THE FOLLOWING:
(1) THE LAST DAY FOR WHICH COMPENSATION FOR ALL EMPLOYMENT 7,878
AS A TEACHER WAS PAID; 7,879
(2) ATTAINMENT BY THE SUPERANNUATE OR OTHER SYSTEM 7,881
RETIRANT OF AGE SIXTY-FIVE; 7,882
(3) IF THE SUPERANNUATE OR OTHER SYSTEM RETIRANT WAS 7,884
PREVIOUSLY EMPLOYED UNDER SECTION 3307.35 OR 3307.351 OF THE 7,885
REVISED CODE AND PREVIOUSLY RECEIVED OR IS RECEIVING A BENEFIT 7,887
UNDER THIS SECTION, COMPLETION OF A PERIOD OF TWELVE MONTHS SINCE 7,888
THE EFFECTIVE DATE OF THE LAST BENEFIT UNDER THIS SECTION. 7,889
(C)(1) IF A SUPERANNUATE OR OTHER SYSTEM RETIRANT DIES 7,891
WHILE EMPLOYED IN EMPLOYMENT SUBJECT TO SECTION 3307.35 OR 7,892
3307.351 OF THE REVISED CODE, A LUMP SUM PAYMENT CALCULATED IN 7,894
ACCORDANCE WITH DIVISION (A) OF THIS SECTION SHALL BE PAID TO THE 7,895
BENEFICIARY DESIGNATED UNDER DIVISION (D) OF SECTION 3307.562 OF 7,896
THE REVISED CODE.
(2) IF AT THE TIME OF DEATH A SUPERANNUATE OR OTHER SYSTEM 7,899
RETIRANT RECEIVING A MONTHLY ANNUITY HAS RECEIVED LESS THAN THE 7,900
SUPERANNUATE OR RETIRANT WOULD HAVE RECEIVED AS A LUMP SUM 7,901
176
PAYMENT, THE DIFFERENCE BETWEEN THE AMOUNT RECEIVED AND THE 7,902
AMOUNT THAT WOULD HAVE BEEN RECEIVED AS A LUMP SUM PAYMENT SHALL 7,904
BE PAID TO THE SUPERANNUATE'S OR RETIRANT'S BENEFICIARY 7,905
DESIGNATED UNDER DIVISION (D) OF SECTION 3307.562 OF THE REVISED 7,906
CODE.
(D) NO AMOUNT RECEIVED UNDER THIS SECTION SHALL BE 7,908
INCLUDED IN DETERMINING AN ADDITIONAL BENEFIT UNDER SECTION 7,909
3307.67 OF THE REVISED CODE OR ANY OTHER POST-RETIREMENT BENEFIT 7,910
INCREASE.
Sec. 3307.371. (A) AS USED IN THIS SECTION, "ALTERNATE 7,912
PAYEE," "BENEFIT," "LUMP SUM PAYMENT," "PARTICIPANT," AND "PUBLIC 7,914
RETIREMENT PROGRAM" HAVE THE SAME MEANINGS AS IN SECTION 3105.80 7,915
OF THE REVISED CODE.
(B) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.171 7,917
OR 3105.65 OF THE REVISED CODE, THE STATE TEACHERS RETIREMENT 7,918
SYSTEM SHALL DETERMINE WHETHER THE ORDER MEETS THE REQUIREMENTS 7,920
OF SECTIONS 3105.80 TO 3105.90 OF THE REVISED CODE. THE SYSTEM 7,921
SHALL RETAIN IN THE PARTICIPANT'S RECORD AN ORDER THE BOARD 7,922
DETERMINES MEETS THE REQUIREMENTS. NOT LATER THAN SIXTY DAYS 7,923
AFTER RECEIPT, THE SYSTEM SHALL RETURN TO THE COURT THAT ISSUED 7,924
THE ORDER ANY ORDER THE SYSTEM DETERMINES DOES NOT MEET THE 7,925
REQUIREMENTS.
(C) THE SYSTEM SHALL COMPLY WITH AN ORDER RETAINED UNDER 7,928
DIVISION (B) OF THIS SECTION AT THE FOLLOWING TIMES AS
APPROPRIATE: 7,929
(1) IF THE PARTICIPANT HAS APPLIED FOR OR IS RECEIVING A 7,931
BENEFIT OR HAS APPLIED FOR BUT NOT YET RECEIVED A LUMP SUM 7,932
PAYMENT, AS SOON AS PRACTICABLE; 7,933
(2) IF THE PARTICIPANT HAS NOT APPLIED FOR A BENEFIT OR 7,936
LUMP SUM PAYMENT, ON APPLICATION BY THE PARTICIPANT FOR A BENEFIT 7,937
OR LUMP SUM PAYMENT. 7,938
(D) IF THE SYSTEM TRANSFERS A PARTICIPANT'S SERVICE CREDIT 7,940
OR CONTRIBUTIONS MADE BY OR ON BEHALF OF A PARTICIPANT TO A 7,941
PUBLIC RETIREMENT PROGRAM THAT IS NOT NAMED IN THE ORDER, THE 7,942
177
SYSTEM SHALL DO BOTH OF THE FOLLOWING: 7,943
(1) NOTIFY THE COURT THAT ISSUED THE ORDER BY SENDING TO 7,946
THE COURT A COPY OF THE ORDER AND THE NAME AND ADDRESS OF THE 7,947
PUBLIC RETIREMENT PROGRAM TO WHICH THE TRANSFER WAS MADE.
(2) SEND A COPY OF THE ORDER TO THE PUBLIC RETIREMENT 7,949
PROGRAM TO WHICH THE TRANSFER WAS MADE. 7,950
(E) IF IT RECEIVES A PARTICIPANT'S SERVICE CREDIT OR 7,952
CONTRIBUTIONS AND A COPY OF AN ORDER AS PROVIDED IN DIVISION (D) 7,954
OF THIS SECTION, THE SYSTEM SHALL ADMINISTER THE ORDER AS IF IT 7,955
WERE THE PUBLIC RETIREMENT PROGRAM NAMED IN THE ORDER. 7,956
(F) IF A PARTICIPANT'S BENEFIT OR LUMP SUM PAYMENT IS OR 7,959
WILL BE SUBJECT TO MORE THAN ONE ORDER DESCRIBED IN SECTION 7,960
3105.81 OF THE REVISED CODE OR TO AN ORDER DESCRIBED IN SECTION 7,961
3105.81 OF THE REVISED CODE AND A WITHHOLDING ORDER UNDER SECTION 7,962
3111.23 OR 3113.21 OF THE REVISED CODE, THE SYSTEM SHALL, AFTER 7,965
DETERMINING THAT THE AMOUNTS THAT ARE OR WILL BE WITHHELD WILL 7,966
CAUSE THE BENEFIT OR LUMP SUM PAYMENT TO FALL BELOW THE LIMITS 7,967
DESCRIBED IN SECTION 3105.85 OF THE REVISED CODE, DO ALL OF THE 7,968
FOLLOWING: 7,969
(1) ESTABLISH, IN ACCORDANCE WITH DIVISION (G) OF THIS 7,971
SECTION AND SUBJECT TO THE LIMITS DESCRIBED IN SECTION 3105.85 OF 7,973
THE REVISED CODE, THE PRIORITY IN WHICH THE ORDERS ARE OR WILL BE 7,975
PAID BY THE SYSTEM IN ACCORDANCE WITH DIVISION (G) OF THIS
SECTION; 7,976
(2) REDUCE THE AMOUNT PAID TO AN ALTERNATE PAYEE BASED ON 7,978
THE PRIORITY ESTABLISHED UNDER DIVISION (F)(1) OF THIS SECTION; 7,979
(3) NOTIFY, BY REGULAR MAIL, A PARTICIPANT AND ALTERNATE 7,982
PAYEE OF ANY ACTION TAKEN UNDER THIS DIVISION. 7,983
(G) A WITHHOLDING OR DEDUCTION NOTICE ISSUED UNDER SECTION 7,985
3111.23 OR 3113.21 OF THE REVISED CODE OR AN ORDER DESCRIBED IN 7,986
SECTION 3115.32 OF THE REVISED CODE HAS PRIORITY OVER ALL OTHER 7,987
ORDERS AND SHALL BE COMPLIED WITH IN ACCORDANCE WITH CHILD 7,988
SUPPORT ENFORCEMENT LAWS. ALL OTHER ORDERS ARE ENTITLED TO
PRIORITY IN ORDER OF EARLIEST RETENTION BY THE SYSTEM. THE 7,989
178
SYSTEM IS NOT TO RETAIN AN ORDER THAT PROVIDES FOR THE DIVISION 7,990
OF PROPERTY UNLESS THE ORDER IS FILED IN A COURT WITH 7,991
JURISDICTION IN THIS STATE.
(H) THE SYSTEM IS NOT LIABLE IN CIVIL DAMAGES FOR LOSS 7,993
RESULTING FROM ANY ACTION OR FAILURE TO ACT IN COMPLIANCE WITH 7,994
THIS SECTION.
Sec. 3307.41. The right of a person AN INDIVIDUAL to a 8,003
pension, an annuity, or a retirement allowance itself, THE RIGHT 8,007
OF AN INDIVIDUAL TO any optional benefit, or any other right or 8,008
benefit accrued or accruing to any person, INDIVIDUAL under this 8,011
chapter, or the various funds created by section 3307.14 of the 8,013
Revised Code, and all moneys and, investments, and income 8,015
thereof, FROM MONEYS OR INVESTMENTS are exempt from any state 8,016
tax, except the tax imposed by section 5747.02 of the Revised 8,017
Code, and are exempt from any county, municipal, or other local 8,019
tax, except taxes imposed pursuant to section 5748.02 or 5748.08 8,020
of the Revised Code, and, except as provided in sections 8,021
3105.171, 3105.65, 3111.23, 3113.21, 3115.32, and 3307.37 of the 8,022
Revised Code, shall not be subject to execution, garnishment, 8,024
attachment, the operation of bankruptcy or insolvency laws, or 8,025
any other process of law whatsoever, and shall be unassignable
except as specifically provided in this chapter or sections 8,026
3105.171, 3105.65, 3111.23 and, 3113.21, AND 3115.32 of the 8,029
Revised Code.
Sec. 3307.47. If a person is paid any benefit OR PAYMENT 8,038
by the state teachers retirement system under the plans described 8,040
in section 3307.031 of the Revised Code OR UNDER SECTION 3307.371 8,041
OF THE REVISED CODE to which the person is not entitled, the 8,043
benefit shall be repaid to the system by the person. If the 8,046
person fails to make the repayment, the system shall withhold the 8,048
amount due from any benefit due the person or the person's 8,049
beneficiary under this chapter, or may collect the amount in any 8,050
other manner provided by law. 8,051
Sec. 3307.50. As used in sections 3307.50 to 3307.79 of 8,060
179
the Revised Code: 8,061
(A) "Prior service" means all service as a teacher before 8,063
September 1, 1920, military service credit, all service prior to 8,064
September 1, 1920, as an employee of any employer who comes 8,065
within the public employees retirement system, the school 8,066
employees retirement system, or any other state retirement system 8,067
established under the laws of Ohio, and similar service in 8,068
another state, credit for which was procured by a member under 8,069
former section 3307.33 of the Revised Code, prior to June 25, 8,071
1945. Prior service credit shall not be granted to any member 8,072
for service for which credit or benefits have been received in 8,073
any other state retirement system in Ohio or for credit that was 8,074
forfeited by withdrawal of contributions, unless the credit has 8,075
been restored. If the teacher served as an employee in any two 8,076
or all of the capacities, "prior service" means the total 8,077
combined service in the capacities prior to September 1, 1920. 8,078
If a teacher who has been granted prior service credit for 8,080
service rendered prior to September 1, 1920, as an employee of an 8,081
employer who comes within the public employees retirement system 8,082
or the school employees retirement system, establishes, 8,083
subsequent to September 16, 1957, and before retirement, three 8,084
years of contributing service in the public employees retirement 8,085
system, or one year in the school employees retirement system, 8,086
the prior service credit granted shall become, at retirement, the 8,088
liability of the other system if the prior service or employment 8,090
was in a capacity covered by that system.
(B) "Total service," "total service credit," except as 8,092
provided in section 3307.57 of the Revised Code, or "Ohio service 8,094
credit" means all service of a member of the state teachers 8,095
retirement system since last becoming a member and, in addition 8,096
thereto, restored service credit under section 3307.71 of the 8,097
Revised Code, all prior service credit, all military service 8,100
credit computed as provided in this chapter, and all other 8,101
service credit established under sections 3307.26, former 8,103
180
3307.513, former 3307.514, 3307.53, 3307.54, 3307.72, 3307.73, 8,104
3307.74, 3307.76, 3307.761, 3307.763, 3307.77, 3307.771, and
3307.78 and former section SECTIONS 3307.513, 3307.514, AND 8,105
3307.52 of the Revised Code, and Section 3 of Amended Substitute 8,107
Senate Bill No. 530 of the 114th general assembly. All service 8,110
credit purchased under section 3307.741 of the Revised Code shall 8,112
be used exclusively for the purpose of qualifying for service 8,113
retirement. 8,114
(C)(1) "Service retirement" means retirement as provided 8,116
in section 3307.58 or 3307.59 of the Revised Code. 8,117
(2) "Disability retirement" means retirement as provided 8,119
in section 3307.63 of the Revised Code. 8,120
(D) "Accumulated contributions" means the sum of all 8,122
amounts credited to a contributor's individual account in the 8,123
teachers' savings fund, together with interest credited thereon 8,124
at the rates approved by the state teachers retirement board 8,125
prior to retirement. 8,126
(E) "Annuity" means payments for life derived from 8,128
contributions made by a contributor and paid from the annuity and 8,129
pension reserve fund. All annuities shall be paid in twelve 8,130
equal monthly installments. 8,131
(F) "Pensions" means annual payments for life derived from 8,133
appropriations made by an employer and paid from the annuity and 8,134
pension reserve fund. All pensions shall be paid in twelve equal 8,135
monthly installments. 8,136
(G)(1) "Allowance" means the pension plus the annuity, or 8,139
any other payment under sections 3307.50 to 3307.79 of the
Revised Code, and includes a disability allowance or disability 8,141
benefit.
(2) "Disability allowance" means an allowance paid on 8,143
account of disability under section 3307.631 of the Revised Code. 8,145
(3) "Disability benefit" means a benefit paid as 8,147
disability retirement under section 3307.63 of the Revised Code, 8,149
as a disability allowance under section 3307.631 of the Revised 8,150
181
Code, or as a disability benefit under section 3307.57 of the 8,151
Revised Code. 8,152
(H) "Annuity reserve" means the present value, computed 8,154
upon the basis of mortality tables adopted by the state teachers 8,155
retirement board with interest, of all payments to be made on 8,156
account of any annuity, or benefit in lieu of any annuity, 8,157
granted to a member. 8,158
(I) "Pension reserve" means the present value, computed 8,160
upon the basis of mortality tables adopted by the state teachers 8,161
retirement board with interest, of all payments to be made on 8,162
account of any pension, or benefit in lieu of any pension, 8,163
granted to a member or to a beneficiary. 8,164
(J) "Retirant" means any former member who is granted age 8,166
and service retirement as provided in sections 3307.57, 3307.58, 8,167
3307.59, and 3307.60 of the Revised Code. 8,168
(K) "Disability benefit recipient" means a member who is 8,170
receiving a disability benefit. 8,171
Sec. 3307.501. (A) As used in this section, "percentage 8,180
increase" means the percentage that an increase in compensation 8,181
is of the compensation paid prior to the increase. 8,182
(B) Notwithstanding division (L) of section 3307.01 of the 8,185
Revised Code, for the purpose of determining final average salary 8,186
under this section, "compensation" has the same meaning as in 8,187
that division, except that it does not include any amount 8,188
resulting from a percentage increase paid to a member during the 8,189
member's two highest years of compensation that exceeds the 8,191
greater of the following, unless the percentage increase results 8,192
from employment by a different employer or promotion to a 8,193
position held by another employee within the twelve-month period 8,194
preceding the promotion;: 8,195
(1) The highest percentage increase in compensation paid 8,197
to the member during any of the three years immediately preceding 8,198
the member's two highest years of compensation and any subsequent 8,199
partial year of compensation used in calculating the member's 8,200
182
final average salary; 8,201
(2) A percentage increase paid to the member as part of an 8,203
increase generally applicable to members employed by the 8,204
employer. An increase shall be considered generally applicable 8,205
if it is paid to members employed by a school district board of 8,206
education in positions requiring a license issued under section 8,208
3319.22 of the Revised Code in accordance with uniform criteria 8,209
applicable to all such members or if paid to members employed by 8,210
an employer other than a school district board of education in 8,211
accordance with uniform criteria applicable to all such members. 8,212
(C) The state teachers retirement board shall determine 8,214
the final average salary of a member by dividing the sum of the 8,215
member's annual compensation for the three highest years of 8,216
compensation for which the member made contributions plus any 8,217
amount determined under division (E) of this section by three, 8,218
except that if the member has a partial year of contributing 8,219
service in the year the member's employment terminates and the 8,220
compensation for the partial year is at a rate higher than the 8,221
rate of compensation for any one of the member's highest three 8,222
years of compensation, the board shall substitute the 8,223
compensation for the partial year for the compensation for the 8,224
same portion of the lowest of the member's three highest years of 8,225
compensation. If a member has less than three years of 8,226
contributing membership, the member's final average salary shall 8,227
be the member's total compensation for the period of contributing 8,228
membership plus any amount determined under division (E) of this 8,229
section divided by the total years, including any portion of a 8,230
year, of contributing service.
For the purpose of calculating benefits payable to a member 8,232
qualifying for service credit under division (I) of section 8,234
3307.01 of the Revised Code, the board shall calculate the 8,235
member's final average salary by dividing the member's total 8,236
compensation as a teacher covered under this chapter plus any 8,237
amount determined under division (E) of this section by the total 8,238
183
number of years, including any portion of a year, of contributing 8,239
membership during that period. If contributions were made for 8,240
less than twelve months, the member's final average salary is the 8,241
total amount of compensation paid to the member during all 8,242
periods of contributions under this chapter. 8,243
(D) Contributions made by a member and an employer on 8,245
amounts that, pursuant to division (B) of this section, are not 8,246
compensation or are not included, pursuant to division (E) of 8,247
this section, for the purpose of determining final average salary 8,248
shall be treated as additional deposits to the member's account 8,249
under section 3307.26 of the Revised Code and used to provide 8,251
additional annuity income.
(E) The state teachers retirement board shall adopt rules 8,253
establishing criteria and procedures for administering this 8,254
division. 8,255
The board shall notify each applicant for retirement of any 8,257
amount excluded from the applicant's compensation in accordance 8,258
with division (B) of this section and of the procedures 8,259
established by the board for requesting a hearing on this 8,260
exclusion. 8,261
Any applicant for retirement who has had any amount 8,263
excluded from the applicant's compensation in accordance with 8,265
division (B) of this section may request a hearing on this 8,266
exclusion. Upon receiving such a request, the board shall 8,267
determine in accordance with its criteria and procedures whether, 8,268
for good cause as determined by the board, all or any portion of 8,269
any amount excluded from the applicant's compensation in 8,270
accordance with division (B) of this section, up to a maximum of 8,271
seventy-five hundred dollars, is to be included in the 8,272
determination of final average salary under division (C) of this 8,273
section. Any determination of the board under this division 8,274
shall be final.
Sec. 3307.54. An employer may establish a retirement 8,283
incentive plan for its employees who are members of the state 8,284
184
teachers retirement system participating in the plan described in 8,285
sections 3307.50 to 3307.79 of the Revised Code. The plan shall 8,286
provide for purchase by the employer of service credit for 8,287
eligible employees who choose to participate in the plan and for 8,288
payment by the employer of the entire cost of such service 8,289
credit. A plan established under this section shall remain in 8,290
effect until terminated by the employer, except that, once 8,291
established, the plan must remain in effect for at least one 8,292
year.
An employee who is a member of the state teachers 8,294
retirement system shall be eligible to participate in a 8,295
retirement incentive plan if the employee has attained age fifty 8,297
and the employee agrees to retire and retires under section 8,298
3307.58 of the Revised Code effective within ninety days after 8,300
receiving notice from the state teachers retirement system that 8,301
service credit has been purchased for the member under this 8,302
section.
Participation in the plan shall be available to all 8,304
eligible employees except that the employer may limit the number 8,305
of persons for whom it purchases credit in any calendar year to a 8,306
specified percentage of its employees who, on the first day of 8,307
January of that year, are members of the state teachers 8,309
retirement system participating in the plan described in sections 8,310
3307.50 to 3307.79 of the Revised Code. The percentage shall not 8,311
be less than five per cent of such employees. If participation 8,313
is limited, employees with a greater length of service with the 8,314
employer have the right to elect to have credit purchased before 8,315
employees with a lesser length of service with the employer. 8,316
The amount of service credit purchased for any participant 8,318
shall be uniformly determined but shall not exceed the lesser of 8,319
the following: 8,320
(A) Five years of service credit; 8,322
(B) An amount of service credit equal to one-fifth of the 8,324
total service credited to the participant under former sections 8,325
185
3307.513, 3307.514, and 3307.52, or sections 3307.53, 3307.57, 8,328
3307.71, 3307.72, 3307.73, 3307.74, 3307.75, 3307.751, 3307.752, 8,329
3307.76, 3307.761, 3307.763, 3307.77, 3307.771, and 3307.78 of 8,330
the Revised Code.
For each year of service credit purchased under this 8,332
section, the employer shall pay an amount specified by the state 8,333
teachers retirement board equal to the additional liability 8,334
resulting from the purchase of that year of service credit as 8,335
determined by an actuary employed by the board. Payments shall 8,336
be made in accordance with rules adopted by the board, and the 8,337
board shall notify each member when the member is credited with 8,339
service purchased under this section. 8,340
No payment made to the state teachers retirement system 8,342
under this section shall affect any payment required by section 8,343
3307.28 of the Revised Code. 8,344
Sec. 3307.56. (A)(1) Subject to sections 3307.37 and 8,354
3307.561 of the Revised Code AND EXCEPT AS PROVIDED IN DIVISION 8,355
(B)(2) OF THIS SECTION, a member participating in the plan 8,356
described in sections 3307.50 to 3307.79 of the Revised Code who 8,357
ceases to be a teacher for any cause other than death, 8,359
retirement, receipt of a disability benefit, or election of 8,361
CURRENT EMPLOYMENT IN A POSITION IN WHICH THE MEMBER HAS ELECTED 8,362
TO PARTICIPATE IN an alternative retirement plan under section 8,364
3305.05 of the Revised Code, upon application, shall be paid the
accumulated contributions standing to the credit of the member's 8,366
individual account in the teachers' savings fund plus an amount 8,367
calculated in accordance with section 3307.563 of the Revised 8,368
Code. If the member or the member's legal representative cannot 8,371
be found within ten years after the member ceased making 8,372
contributions pursuant to section 3307.26 of the Revised Code, 8,374
the accumulated contributions may be transferred to the guarantee 8,376
fund and thereafter paid to the member, to the member's 8,377
beneficiaries, or to the member's estate, upon proper 8,378
application.
186
(2) A member described in division (A)(1) of this section 8,381
who is married at the time of application for payment and is
eligible for age and service retirement under section 3307.58 or 8,383
3307.59 of the Revised Code shall submit with the application a 8,385
written statement by the member's spouse attesting that the 8,386
spouse consents to the payment of the member's accumulated
contributions. Consent shall be valid only if it is signed and 8,387
witnessed by a notary public. If the statement is not submitted 8,389
under this division, the application shall be considered an 8,390
application for service retirement and shall be subject to
division (F)(1) of section 3307.60 of the Revised Code. 8,392
THE STATE TEACHERS RETIREMENT BOARD MAY WAIVE THE 8,394
REQUIREMENT OF CONSENT IF THE SPOUSE IS INCAPACITATED OR CANNOT 8,395
BE LOCATED, OR FOR ANY OTHER REASON SPECIFIED BY THE BOARD. 8,396
CONSENT OR WAIVER IS EFFECTIVE ONLY WITH REGARD TO THE SPOUSE WHO 8,397
IS THE SUBJECT OF THE CONSENT OR WAIVER.
(B) This division applies to any member who IS EMPLOYED IN 8,399
A POSITION IN WHICH THE MEMBER HAS ELECTED UNDER SECTION 3305.05 8,400
OF THE REVISED CODE TO PARTICIPATE IN AN ALTERNATIVE RETIREMENT 8,401
PLAN AND DUE TO THE ELECTION ceases to be a teacher by electing 8,403
an alternative retirement plan pursuant to section 3305.05 of the 8,404
Revised Code and who is not otherwise employed as a teacher in a 8,406
position to which the election does not apply. For purposes of 8,407
this division, "continuously employed" has the same meaning as in 8,408
section 3305.01 of the Revised Code FOR THE PURPOSES OF THAT 8,409
POSITION.
(1) Subject to sections 3307.37 and 3307.561 of the 8,412
Revised Code, upon application of any member to whom this 8,414
division applies who is continuously employed, the state teachers 8,415
retirement board SYSTEM shall pay the accumulated contributions 8,417
standing to the credit of the member's individual account in the 8,418
teachers' savings fund plus an amount calculated in accordance 8,420
with section 3307.563 of the Revised Code to the entity providing 8,422
the alternative retirement plan for application to that plan in 8,423
187
accordance with any contract the member has entered into for 8,424
purposes of that plan.
(2) Subject to sections 3307.37 and 3307.561 of the 8,427
Revised Code, upon application of any member to whom this 8,429
division applies who has ceased to be continuously employed, the 8,430
state teachers retirement board shall pay the accumulated 8,431
contributions standing to the credit of the member's individual 8,432
account in the teachers' savings fund plus an amount calculated 8,434
in accordance with section 3307.563 of the Revised Code to the 8,437
entity providing the alternative retirement plan for application 8,438
to that plan in accordance with any contract the member has
entered into for purposes of that plan DO THE FOLLOWING: 8,440
(1) ON RECEIPT OF A CERTIFIED COPY OF AN ELECTION UNDER 8,442
SECTION 3305.05 OF THE REVISED CODE, PAY, IN ACCORDANCE WITH 8,443
SECTION 3305.051 OF THE REVISED CODE, THE AMOUNT DESCRIBED IN 8,444
THAT SECTION TO THE APPROPRIATE PROVIDER; 8,445
(2) IF A MEMBER HAS ACCUMULATED CONTRIBUTIONS, IN ADDITION 8,447
TO THOSE SUBJECT TO DIVISION (B)(1) OF THIS SECTION, STANDING TO 8,448
THE CREDIT OF A MEMBER'S INDIVIDUAL ACCOUNT AND IS NOT OTHERWISE 8,449
IN A POSITION IN WHICH THE MEMBER IS CONSIDERED A TEACHER FOR THE 8,450
PURPOSES OF THAT POSITION, PAY, TO THE PROVIDER THE MEMBER 8,452
SELECTED PURSUANT TO SECTION 3305.05 OF THE REVISED CODE, THE 8,454
ACCUMULATED CONTRIBUTIONS STANDING TO THE CREDIT OF THE MEMBER'S
INDIVIDUAL ACCOUNT IN THE TEACHERS' SAVING FUND PLUS AN AMOUNT 8,455
CALCULATED IN ACCORDANCE WITH SECTION 3307.80 OF THE REVISED 8,457
CODE. THE PAYMENT SHALL BE MADE ON THE MEMBER'S APPLICATION.
(C) PAYMENT OF A MEMBER'S ACCUMULATED CONTRIBUTIONS UNDER 8,459
DIVISION (B) OF THIS SECTION CANCELS THE MEMBER'S TOTAL SERVICE 8,460
CREDIT IN THE STATE TEACHERS RETIREMENT SYSTEM. A MEMBER WHOSE 8,461
ACCUMULATED CONTRIBUTIONS ARE PAID TO A PROVIDER PURSUANT TO 8,463
DIVISION (B) OF THIS SECTION IS FOREVER BARRED FROM CLAIMING OR 8,464
PURCHASING SERVICE CREDIT UNDER THE STATE TEACHERS RETIREMENT 8,466
SYSTEM FOR THE PERIOD OF EMPLOYMENT ATTRIBUTABLE TO THOSE
CONTRIBUTIONS. 8,467
188
Sec. 3307.562. (A) As used in this section and section 8,477
3307.66 of the Revised Code: 8,478
(1) "Child" means a biological or legally adopted child of 8,482
a deceased member. If a court hearing for an interlocutory 8,483
decree for adoption was held prior to the member's death, "child" 8,484
includes the child who was the subject of the hearing if a final 8,485
decree of adoption adjudging the member's spouse as the adoptive 8,486
parent is made subsequent to the member's death. 8,487
(2) "Parent" is a parent or legally adoptive parent of a 8,490
deceased member. 8,491
(3) "Dependent" means a beneficiary who receives one-half 8,493
of the beneficiary's support from a member during the twelve 8,494
months prior to the member's death. 8,495
(4) "Surviving spouse" means an individual who establishes 8,498
a valid marriage to a member at the time of the member's death by 8,499
marriage certificate or pursuant to division (E) of this section. 8,500
(5) "Survivor" means a spouse, child, or dependent parent. 8,503
(B) Except as provided in division (B) of section 3307.563 8,507
or division (G)(1) of section 3307.66 of the Revised Code, should 8,508
a member who is participating in the plan described in sections 8,509
3307.50 to 3307.79 of the Revised Code die before service 8,510
retirement, the member's accumulated contributions, plus an 8,511
amount calculated in accordance with section 3307.563 of the 8,512
Revised Code, and any amounts owed and unpaid to a disability 8,514
benefit recipient shall be paid to such beneficiaries as the 8,516
member has nominated by written designation signed by the member 8,517
and filed with the state teachers retirement board prior to 8,518
death. The nomination of beneficiary shall be on a form provided 8,519
by the retirement board. The last nomination of any beneficiary 8,520
revokes all previous nominations. The member's marriage, 8,521
divorce, marriage dissolution, legal separation, or withdrawal of 8,522
account, or the birth of the member's child, or the member's 8,524
adoption of a child, shall constitute an automatic revocation of
the member's previous designation. If a deceased member was also 8,526
189
a member of the public employees retirement system or the school
employees retirement system, the beneficiary last established 8,527
among the systems shall be the sole beneficiary in all the 8,528
systems.
Any beneficiary ineligible for monthly survivor benefits as 8,530
provided by section 3307.66 of the Revised Code may waive in 8,532
writing all claim to any benefits and such waiver shall thereby 8,533
put in effect the succession of beneficiaries under division (C) 8,534
of this section, provided the beneficiary thereunder is 8,535
immediately eligible and agrees in writing to accept survivor 8,536
benefits as provided by section 3307.66 of the Revised Code. If 8,538
the accumulated contributions of a deceased member are not 8,539
claimed by a beneficiary, or by the estate of the deceased 8,540
member, within ten years, they shall be transferred to the 8,541
guarantee fund and thereafter paid to such beneficiary or to the 8,542
member's estate upon application to the board. The board shall 8,543
formulate and adopt rules governing all designations of 8,544
beneficiaries. 8,545
(C) Except as provided in division (G)(1) of section 8,547
3307.66 of the Revised Code, if a member dies before service 8,549
retirement and is not survived by a designated beneficiary, any 8,551
beneficiaries shall qualify, in the following order of 8,552
precedence, with all attendant rights and privileges: 8,553
(1) Surviving spouse; 8,555
(2) Children, share and share alike; 8,557
(3) A dependent parent, if that parent elects to take 8,559
survivor benefits under division (C)(2) of section 3307.66 of the 8,561
Revised Code; 8,562
(4) Parents, share and share alike; 8,564
(5) Estate. 8,566
If any survivor dies before payment is made under this 8,568
section or is not located prior to the ninety-first day after the 8,569
board receives notification of the member's death, the survivor 8,570
next in order of precedence shall qualify as a beneficiary, 8,571
190
provided that benefits under division (C)(2) of section 3307.66 8,573
of the Revised Code are elected. In the event that the
beneficiary originally determined is subsequently located, the 8,574
beneficiary may qualify for benefits under division (C)(2) of 8,575
section 3307.66 of the Revised Code upon meeting the conditions 8,577
of eligibility set forth in division (B) of that section, but in 8,578
no case earlier than the first day of the month following 8,579
application by such beneficiary. Any payment made to a 8,580
beneficiary as determined by the board shall be a full discharge 8,581
and release to the board from any future claims. 8,582
(D) Any amount due any person, as an annuitant, receiving 8,584
a monthly benefit, and unpaid to the annuitant at death, shall be 8,586
paid to the beneficiary named by written designation signed by
the annuitant and filed with the board. If no such designation 8,588
has been filed, or if the beneficiary designated is deceased or
is not located prior to the ninety-first day after the board 8,589
receives notification of the annuitant's death, such amount shall 8,590
be paid, in the following order of precedence to the annuitant's: 8,591
(1) Surviving spouse; 8,593
(2) Children, share and share alike; 8,595
(3) Parents, share and share alike; 8,597
(4) Estate. 8,599
For purposes of this division an "annuitant" is the last 8,601
person who received a monthly benefit pursuant to the plan of 8,602
payment selected by the former member. Such payment shall be a 8,603
full discharge and release to the board from any future claim for 8,604
such payment. 8,605
(E) If the validity of marriage cannot be established to 8,607
the satisfaction of the board for the purpose of disbursing any 8,608
amount due under this section or section 3307.66 of the Revised 8,610
Code, the board may accept a decision rendered by a court having 8,611
jurisdiction in the state in which the member was domiciled at 8,612
the time of death that the relationship constituted a valid 8,613
marriage at the time of death, or the "spouse" would have the 8,614
191
same status as a widow or widower for purposes of sharing the 8,615
distribution of the member's intestate personal property. 8,616
(F) AS USED IN THIS DIVISION, "RECIPIENT" MEANS AN 8,618
INDIVIDUAL WHO IS RECEIVING OR MAY BE ELIGIBLE TO RECEIVE AN 8,619
ALLOWANCE OR BENEFIT UNDER THIS CHAPTER BASED ON THE INDIVIDUAL'S 8,620
SERVICE TO AN EMPLOYER. 8,621
If the death of a member, A RECIPIENT, OR ANY INDIVIDUAL 8,623
WHO WOULD BE ELIGIBLE TO RECEIVE AN ALLOWANCE OR BENEFIT UNDER 8,625
THIS CHAPTER BY VIRTUE OF THE DEATH OF A MEMBER OR RECIPIENT is 8,626
caused by one of the following beneficiaries, no amount due under 8,627
this chapter to the beneficiary shall be paid to the beneficiary 8,629
in the absence of a court order to the contrary filed with the 8,630
board:
(1) A beneficiary who is convicted of, pleads guilty to, 8,632
or is found not guilty by reason of insanity of a violation of or 8,634
complicity in the violation of either of the following: 8,635
(a) Section 2903.01, 2903.02, or 2903.03 of the Revised 8,638
Code;
(b) An existing or former law of any other state, the 8,641
United States, or a foreign nation that is substantially 8,643
equivalent to section 2903.01, 2903.02, or 2903.03 of the Revised 8,645
Code; 8,646
(2) A beneficiary who is indicted for a violation of or 8,648
complicity in the violation of the sections or laws described in 8,649
division (F)(1)(a) or (b) of this section and is adjudicated 8,651
incompetent to stand trial;
(3) A beneficiary who is a juvenile found to be a 8,653
delinquent child by reason of committing an act that, if 8,654
committed by an adult, would be a violation of or complicity in 8,655
the violation of the sections or laws described in division 8,657
(F)(1)(a) or (b) of this section. 8,658
Sec. 3307.563. For the purposes of this section, "service 8,669
credit" includes only service credit obtained pursuant to 8,670
sections 3307.53, 3307.71, 3307.72, and 3307.77 of the Revised 8,672
192
Code.
(A) The state teachers retirement system shall add to a 8,674
member's accumulated contributions to be paid under section 8,675
3307.56 or 3307.562 of the Revised Code an amount paid from the 8,678
employers' trust fund equal to one of the following:
(1) If the member has less than three full years of 8,680
service credit, an amount equal to interest on the member's 8,681
accumulated contributions, compounded annually, at a rate not 8,683
greater than four per cent established by the board;
(2) If the member has three or more full years of service 8,685
credit, but less than five full years, an amount equal to 8,686
interest on the member's accumulated contributions, compounded 8,688
annually, at a rate not greater than six per cent established by
the board; 8,689
(3) If the member has five or more full years of service 8,691
credit, the sum of the following amounts: 8,692
(a) An amount equal to interest on the member's 8,694
accumulated contributions, compounded annually, at a rate not 8,696
greater than six per cent established by the board; 8,697
(b) An amount equal to fifty per cent of the sum of the 8,699
member's contributions and payments under sections SECTION 8,700
3307.26, 3307.71, and 3307.77 of the Revised Code plus an amount 8,703
equal to interest on that amount at a rate not greater than six 8,704
per cent established by the board. 8,706
Interest for each year included in the calculation under 8,708
this section shall be calculated from the first day of the 8,709
following year to the last day of the month preceding payment 8,711
under section 3307.56 or 3307.562 of the Revised Code. 8,712
(B) Notwithstanding sections 3307.56 and 3307.562 of the 8,715
Revised Code, neither the beneficiaries, survivors, nor estate of 8,716
a deceased member who was granted disability benefits prior to 8,717
death is eligible for the payment of any amount calculated under 8,718
this section.
Sec. 3307.57. To coordinate and integrate membership in 8,729
193
the state retirement systems, the following provisions apply: 8,730
(A) As used in this section: 8,732
(1) "Retirement systems" means the public employees 8,734
retirement system, state teachers retirement system, and school 8,736
employees retirement system.
(2) In addition to the meaning given in section 3307.50 of 8,739
the Revised Code, "disability benefit" means "disability benefit" 8,741
as defined in sections 145.01 and 3309.01 of the Revised Code. 8,742
(B) At the option of a member participating in the plan 8,744
described in sections 3307.50 to 3307.79 of the Revised Code, 8,745
total contributions and service credit in all retirement systems, 8,747
including amounts paid to restore service credit under sections 8,748
145.311, 3307.711, and 3309.261 of the Revised Code, shall be 8,750
used in determining the eligibility for benefits. If total 8,751
contributions and service credit are combined, the following 8,752
provisions apply:
(1) Service retirement or a disability benefit is 8,754
effective on the first day of the month next following the later 8,755
of: 8,756
(a) The last day for which compensation was paid; 8,758
(b) The attainment of minimum age or service credit for 8,760
benefits provided under this section. 8,761
(2) "Total service credit" includes the total credit in 8,763
all retirement systems except that such credit shall not exceed 8,764
one year for any period of twelve months. 8,765
(3) In determining eligibility for a disability benefit, 8,767
the medical examiner's report to the board of any retirement 8,768
system, showing that the member's disability incapacitates the 8,769
member for the performance of duty, may be accepted as sufficient 8,771
for granting a disability benefit. 8,772
(4) The retirement system in which the member had the 8,774
greatest service credit, without adjustment, shall determine and 8,775
pay the total benefit. If the member's credit is equal in two or 8,777
more retirement systems, the system having the member's largest 8,778
194
total contributions shall determine and pay the total benefit. 8,779
(5) In determining the total credit to be used in 8,781
calculating a benefit, credit shall not be reduced below that 8,782
certified by the system or systems transferring credit, except 8,783
that such total combined service credit shall not exceed one year 8,784
of credit for any one "year" as defined in the statute governing 8,785
the system making the calculation. 8,786
(6) The retirement system determining and paying the 8,788
benefit shall receive from the other system or systems the 8,789
member's refundable account at retirement or the effective date 8,790
of a disability benefit plus an amount from the employers' trust 8,792
fund equal to the member's refundable account less interest
credited under section 145.471, 145.472, or 3307.563 of the 8,793
Revised Code. IF APPLICABLE, THE RETIREMENT SYSTEM DETERMINING 8,794
AND PAYING THE BENEFIT SHALL RECEIVE FROM THE PUBLIC EMPLOYEES 8,795
RETIREMENT SYSTEM A PORTION OF THE AMOUNT PAID ON BEHALF OF THE 8,796
MEMBER BY AN EMPLOYER UNDER SECTION 145.483 OF THE REVISED CODE. 8,798
THE PORTION SHALL EQUAL THE PRODUCT OBTAINED BY MULTIPLYING BY 8,799
TWO THE AMOUNT THE MEMBER WOULD HAVE CONTRIBUTED DURING THE 8,800
PERIOD THE EMPLOYER FAILED TO DEDUCT CONTRIBUTIONS, AS DESCRIBED 8,801
IN SECTION 145.483 OF THE REVISED CODE. 8,802
(a) The annuity rates and mortality tables of the 8,804
retirement system making the calculation and paying the benefit 8,805
shall be applicable. 8,806
(b) Deposits made for the purchase of additional income, 8,808
with guaranteed interest, upon the member's request, shall be 8,809
transferred to the retirement system paying the regular benefit. 8,810
The return upon such deposits shall be that offered by the 8,811
retirement system making the calculation and paying the regular 8,812
benefit. 8,813
(C) A person receiving a benefit under this section, who 8,815
accepts employment amenable to coverage in any retirement system 8,816
that participated in the person's combined benefit, shall be 8,817
subject to the applicable provisions of law governing such 8,819
195
re-employment.
If a retirant should be paid any amount to which the 8,821
retirant is not entitled under the applicable provisions of law 8,823
governing such re-employment, such amount shall be recouped by 8,824
the retirement system paying such benefit by utilizing any 8,825
recovery procedure available under the law of the retirement 8,826
system covering such re-employment. 8,827
Sec. 3307.58. Any member participating in the plan 8,837
described in sections 3307.50 to 3307.79 of the Revised Code who 8,838
has five years of service credit and has attained age sixty, or 8,840
who has twenty-five years of service credit and has attained age 8,841
fifty-five, or who has thirty years of service credit shall be 8,842
granted service retirement after filing with the state teachers 8,843
retirement board a completed application on a form approved by 8,844
the board.
(A) Service retirement shall be effective on the first day 8,846
of the month next following the later of: 8,847
(1) The last day for which compensation was paid; or 8,849
(2) The attainment of minimum age or service credit 8,851
eligibility for benefits provided under this section. 8,852
Except as provided in division (E) of this section, the 8,855
service retirement benefit shall be the greater of the benefits 8,856
provided in divisions (B) and (D) of this section. 8,857
(B) Subject to any adjustment made under division (C) of 8,860
this section, the annual single lifetime benefit of a member 8,862
shall be the greater of the amounts determined by the member's 8,863
Ohio service credit multiplied by one of the following: 8,864
(1) Eighty-six dollars; 8,866
(2)(a) The sum of the following amounts: 8,868
(i) For each of the first thirty years of Ohio service 8,870
credit, two and two-tenths per cent of the member's final average 8,873
salary or, subject to the limitation described in division 8,875
(B)(2)(b) of this section, two and five-tenths per cent of the 8,876
member's final average salary if the member has thirty-five or 8,877
196
more years of service credit under section 3307.53, 3307.57, 8,878
3307.75, 3307.751, 3307.752, 3307.761, 3307.77, or 3307.771 of 8,879
the Revised Code, division (A)(2) or (B) of former section 8,880
3307.513 of the Revised Code, former section 3307.514 of the 8,881
Revised Code, section 3307.72 of the Revised Code earned after 8,882
July 1, 1978, or any combination of service credit under those 8,883
sections;
(ii) For each year or fraction of a year of Ohio service 8,885
credit in excess of thirty years, two and two-tenths per cent of 8,887
the member's final average salary or, subject to the limitation 8,889
described in division (B)(2)(b) of this section, if the member 8,891
has more than thirty years service credit under section 3307.53, 8,893
3307.57, 3307.75, 3307.751, 3307.752, 3307.761, 3307.77, or 8,895
3307.771 of the Revised Code, division (A)(2) or (B) of former 8,896
section 3307.513 of the Revised Code, former section 3307.514 of 8,897
the Revised Code, section 3307.72 of the Revised Code earned
after July 1, 1978, or any combination of service credit under 8,899
those sections, the per cent of final average salary shown in the 8,900
following schedule for each corresponding year or fraction of a 8,902
year of service credit under those sections that is in excess of 8,904
thirty years:
Year Per Year Per 8,907
of Cent of Cent 8,908
Service for that Service for that 8,910
Credit Year Credit Year 8,911
30.01- 31.00 2.5% 37.01- 38.00 3.2% 8,913
31.01- 32.00 2.6 38.01- 39.00 3.3 8,915
32.01-33.00 2.7 8,916
33.01-34.00 2.8 8,917
34.01-35.00 2.9 8,918
35.01-36.00 3.0 8,919
36.01-37.00 3.1 8,920
For purposes of this schedule, years of service credit shall be 8,924
rounded to the nearest one-hundredth of a year.
197
(b) For purposes of division (B)(2)(a) of this section, a 8,927
percentage of final average salary in excess of two and 8,928
two-tenths per cent shall be applied to service credit under 8,929
section 3307.57 or 3307.761 of the Revised Code only if the 8,930
service credit was established by contributions made under 8,931
section 145.30, 145.301, 145.302, 145.47, 742.31 145.483, 8,932
3309.02, 3309.021, 3309.022, 3309.47, OR 3309.58, or 5505.15 of 8,934
the Revised Code or restored under section 145.31, 742.371, OR 8,935
3309.26, or 5505.20 of the Revised Code. 8,936
(C) The annual single lifetime benefit of a member 8,938
determined under division (B) of this section shall be adjusted 8,940
by the greater per cent shown in the following schedule opposite 8,941
the member's attained age or Ohio service credit.
Years of Per Cent 8,943
Attained or Ohio Service of Base 8,944
Age Credit Amount 8,945
58 25 75% 8,946
59 26 80 8,947
60 27 85 8,948
61 88 8,949
28 90 8,950
62 91 8,951
63 94 8,952
29 95 8,953
64 97 8,954
65 30 or more 100 8,955
Members shall vest the right to a benefit in accordance 8,958
with the following schedule, based on the member's attained age 8,959
by September 1, 1976: 8,960
Per Cent 8,962
Attained of Base 8,963
Age Amount 8,964
66 102% 8,966
67 104 8,967
198
68 106 8,968
69 108 8,969
70 or more 110 8,970
The annual single lifetime benefit determined under 8,973
division (B) of this section shall not exceed the lesser of one 8,975
hundred per cent of the final average salary or the limit 8,977
established by section 415 of the "Internal Revenue Code of 8,978
1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended. 8,979
(D) The annual single lifetime benefit of a member shall 8,981
not exceed the lesser of the sum of the following amounts or the 8,982
limit established by section 415 of the "Internal Revenue Code of 8,983
1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended: 8,984
(1) An annuity with a reserve equal to the member's 8,986
accumulated contributions; 8,987
(2) A pension equal to the amount in division (D)(1) of 8,989
this section; 8,990
(3) An additional pension of forty dollars annually 8,992
multiplied by the number of years of prior and military service 8,993
credit, except years of credit purchased under section 3307.751 8,995
or 3307.752 of the Revised Code; 8,997
(4) An additional basic annual pension of one hundred 8,999
eighty dollars, provided the member had ten or more years of Ohio 9,000
service credit as of October 1, 1956, except that the additional 9,002
basic annual pension shall not exceed the sum of the annual
benefits provided by divisions (D)(1), (2), and (3) of this 9,003
section. 9,004
(E) Benefits determined under this section shall be paid 9,006
as provided in section 3307.60 of the Revised Code. 9,007
Sec. 3307.62. (A) The state teachers retirement system 9,016
shall provide disability coverage to each member participating in 9,017
the plan described in sections 3307.50 to 3307.79 of the Revised 9,018
Code who has at least five years of total service credit. 9,019
Not later than October 16, 1992, the state teachers 9,021
retirement board shall give each person who is a member on July 9,022
199
29, 1992, the opportunity to elect disability coverage either 9,024
under former section 3307.43 of the Revised Code or under former 9,026
section 3307.431 of the Revised Code. The board shall mail 9,028
notice of the election, accompanied by an explanation of the 9,029
coverage under each of the Revised Code sections and a form on 9,030
which the election is to be made, to each member at the member's 9,031
last known address. The board shall also provide the explanation
and form to any member on the member's request. 9,032
Regardless of whether the member actually receives notice 9,034
of the right to make an election, a member who fails to file a 9,036
valid election under this section shall be considered to have
elected disability coverage under section 3307.63 of the Revised 9,038
Code. To be valid, an election must be made on the form provided 9,039
by the board, signed by the member, and filed with the board not 9,041
later than one hundred eighty days after the date the notice was 9,042
mailed, or, in the case of a form provided at the request of a 9,043
member, a date specified by rule of the board. Once made, an 9,044
election is irrevocable, but if the member ceases to be a member 9,045
of the system, the election is void. If a person who makes an 9,046
election under this section also makes an election under section 9,047
145.35 or 3309.39 of the Revised Code, the election made for the 9,048
system that pays a disability benefit to that person shall govern 9,049
the benefit.
Disability coverage shall be provided under section 9,051
3307.631 of the Revised Code for persons who become members after 9,053
July 29, 1992, and for members who elect under this division to 9,055
be covered under section 3307.631 of the Revised Code. 9,057
The board may adopt rules governing elections made under 9,060
this division.
(B) Application for a disability benefit may be made by a 9,062
member, by a person acting in the member's behalf, or by the 9,063
member's employer, if the member is participating in the plan 9,065
described in sections 3307.50 to 3307.79 of the Revised Code, has 9,066
at least five years of total service credit, and has disability 9,069
200
coverage under section 3307.63 or 3307.631 of the Revised Code. 9,071
The application for a disability benefit shall be made on a form 9,072
approved by the board. The benefit payable to any member whose 9,074
application is approved shall become effective on the first day 9,075
of the month next following the later of the following:
(1) The last day for which compensation was paid; 9,077
(2) The attainment of eligibility for a disability 9,079
benefit. 9,080
(C) Medical examination of the member shall be conducted 9,082
by a competent, disinterested physician or physicians selected by 9,083
the board to determine whether the member is mentally or 9,085
physically incapacitated for the performance of duty by a
disabling condition, either permanent or presumed to be permanent 9,086
for twelve continuous months following the filing of an 9,087
application. The disability must have occurred since last 9,089
becoming a member, or it must have increased since last becoming 9,090
a member to such an extent as to make the disability permanent or 9,091
presumably permanent for twelve continuous months following the 9,092
filing of an application. 9,093
(D) Application for a disability benefit must be made 9,095
within two years from the date the member's contributing service 9,096
terminated, unless the board determines that the member's medical 9,098
records demonstrate conclusively that at the time the two-year 9,099
period expired, the member was physically or mentally 9,100
incapacitated for duty as a teacher and unable to make
application. Application may not be made by any person receiving 9,101
service retirement benefits under section 3307.58 or 3307.59 of 9,103
the Revised Code or any person who, pursuant to section 3307.56 9,105
of the Revised Code, has been paid the WHOSE accumulated
contributions standing to the credit of the person's individual 9,107
account in the teachers' savings fund HAVE BEEN PAID UNDER 9,108
SECTION 3307.56 OF THE REVISED CODE. 9,109
(E) If the physician or physicians determine that the 9,113
member qualifies for a disability benefit, the board concurs with 9,114
201
the determination, and the member agrees to medical treatment as 9,115
specified in division (G) of this section, the member shall 9,116
receive a disability benefit under section 3307.63 or 3307.631 of 9,118
the Revised Code. If such physician or physicians determine that 9,119
the member does not qualify for a disability benefit, the report 9,120
of the examiner or examiners shall be evaluated by a board of 9,121
medical review composed of three physicians appointed by the 9,122
retirement board. 9,123
(F) The state teachers retirement board shall render an 9,125
order determining whether or not the applicant shall be granted a 9,126
disability benefit. Notification to the applicant shall be 9,127
issued, and upon the request of an applicant who is denied a 9,128
disability benefit, a hearing or appeal relative to such order 9,129
shall be conducted in accordance with procedures established by 9,130
the retirement board. 9,131
(G) The state teachers retirement board shall adopt rules 9,134
requiring each disability benefit recipient, as a condition of 9,135
continuing to receive a disability benefit, to agree in writing 9,136
to obtain any medical treatment recommended by the board's 9,137
physician and submit medical reports regarding the treatment. If 9,139
the board determines that a disability benefit recipient is not 9,140
obtaining the medical treatment or the board does not receive a
required medical report, the disability benefit shall be 9,141
suspended until the treatment is obtained, the report is received 9,143
by the board, or the board's physician certifies that the 9,144
treatment is no longer helpful or advisable. Should the 9,146
recipient's failure to obtain treatment or submit a medical
report continue for one year, the recipient's right to the 9,148
disability benefit shall be terminated as of the effective date 9,149
of the original suspension.
(H) If an employer files an application for a disability 9,151
benefit as a result of a member having been separated from 9,152
service because the member is considered to be incapacitated for 9,154
the performance of duty, and the board denies the disability
202
benefit, the board shall so certify to the employer and the 9,155
employer shall restore the member to the member's previous 9,157
position and salary or to a similar position and salary. 9,158
Sec. 3307.71. Except as provided in this section OR 9,167
SECTION 3305.05 OF THE REVISED CODE, a member or former member of 9,169
the state teachers retirement system participating in the plan 9,170
described in sections 3307.50 to 3307.79 of the Revised Code who 9,171
has at least one and one-half years of contributing service 9,173
credit in this system, the public employees retirement system, 9,174
the school employees retirement system, the Ohio police and fire 9,176
pension fund, or the state highway patrol retirement system after 9,177
the withdrawal and cancellation of service credit in this system 9,178
may restore all or part of such service credit by repayment of 9,179
the amount withdrawn. To this amount shall be added interest at 9,181
a rate per annum, compounded annually, to be determined by the 9,182
state teachers retirement board. Interest shall be payable from 9,184
the first of the month of withdrawal through the month of
repayment. A member may choose to purchase only part of such 9,186
credit in any one payment. The cost for restoring partial
service shall be calculated as the proportion that it bears to 9,187
the total cost at the time of purchase and is subject to the 9,188
rules established by the board. If a former member is eligible 9,189
to buy the service credit as a member of the Ohio police and fire 9,192
pension fund or, THE state highway patrol retirement system, OR 9,194
THE CITY OF CINCINNATI RETIREMENT SYSTEM, the former member is 9,195
ineligible to restore that service credit under this section. 9,196
The total payment to restore canceled service credit shall 9,199
be credited as follows:
(A) The amount that equals contributions made pursuant to 9,201
section 3307.26 of the Revised Code, plus any interest on the 9,203
contributions paid by the member pursuant to this section, to the 9,204
member's account in the teachers' savings fund; 9,205
(B) The amount that equals the amount paid under section 9,207
3307.563 of the Revised Code, to the employers trust fund; 9,208
203
(C) The remainder of the payment to restore canceled 9,210
service credit, to the guarantee fund. 9,211
Sec. 3307.74. (A) Service credit purchased under this 9,220
section shall be included in the member's total service credit. 9,221
Credit may be purchased by a member participating in the plan 9,222
described in sections 3307.50 to 3307.79 of the Revised Code for 9,223
the following:
(1) Teaching service in a public or private school, 9,225
college, or university of this or another state, and for teaching 9,226
service in any school or entity operated by or for the United 9,227
States government. Teaching credit purchased under this section 9,228
shall be limited to service rendered in schools, colleges, or 9,229
universities chartered or accredited by the appropriate 9,230
governmental agency. 9,231
(2) Public service with another state or the United States 9,233
government, provided that such credit shall be limited to service 9,234
that would have been covered by the state teachers retirement 9,235
system, school employees retirement system, Ohio police and fire 9,238
pension fund, state highway patrol retirement system, or public 9,240
employees retirement system if served in a comparable public 9,241
position in this state.
(3) Service for which contributions were made by the 9,243
member or on the member's behalf to a municipal retirement system 9,245
in this state, EXCEPT THAT IF THE CONDITIONS SPECIFIED IN SECTION 9,246
3307.762 OF THE REVISED CODE ARE MET, SERVICE CREDIT FOR THIS
SERVICE MAY BE PURCHASED ONLY IN ACCORDANCE WITH SECTION 3307.763 9,247
OF THE REVISED CODE.
The number of years of service purchased under this section 9,249
shall not exceed the lesser of five years or the member's total 9,250
accumulated number of years of Ohio service. 9,251
(B)(1) Except as otherwise provided in division (B)(2) of 9,253
this section, for each year of service purchased under this 9,254
section, a member shall pay to the state teachers retirement 9,255
system for credit to the member's accumulated account an amount 9,257
204
equal to the member's retirement contribution for full-time 9,258
employment for the first year of Ohio service following 9,260
termination of the service to be purchased. To this amount shall 9,261
be added an amount equal to compound interest at a rate 9,262
established by the state teachers retirement board from the date 9,263
of membership in the state teachers retirement system to the date 9,264
of payment.
(2) For each year of service described in division (A) of 9,266
this section that commenced on or after July 1, 1989, and, 9,267
without regard to when the service commenced, for each year of 9,268
service purchased under division (A) of this section by a member 9,269
who first established membership in the retirement system on or 9,270
after July 1, 1989, the member shall pay to the retirement system 9,271
for credit to the member's individual account an amount specified 9,273
by the state teachers retirement board that shall be not less 9,274
than fifty per cent of the additional liability resulting from 9,275
the purchase of that year of service as determined by an actuary 9,276
employed by the board. 9,277
(3) A member may choose to purchase only part of the 9,279
credit the member is eligible to purchase under this section in 9,281
any one payment, subject to board rules. 9,282
(C) A member is ineligible to purchase under this section 9,284
service that is used in the calculation of any retirement benefit 9,285
currently being paid or payable in the future to such member 9,286
under any other retirement program, except social security. At 9,287
the time the credit is purchased, the member shall certify on a 9,288
form furnished by the board that the member does and will conform 9,291
to this requirement.
(D) Credit purchased under this section may be combined 9,293
pursuant to section 3307.57 of the Revised Code with credit 9,295
purchased under sections 145.293 and 3309.31 of the Revised Code, 9,296
except that not more than a total of five years' service credit 9,297
purchased under this section and sections 145.293 and 3309.31 of 9,298
the Revised Code shall be used in determining retirement 9,299
205
eligibility or calculating benefits under section 3307.57 of the 9,301
Revised Code. 9,302
(E) The retirement board shall establish a policy to 9,304
determine eligibility to purchase credit under this section, and 9,305
its decision shall be final. 9,306
Sec. 3307.761. (A) AS USED IN THIS SECTION, "MILITARY 9,315
SERVICE CREDIT" MEANS CREDIT PURCHASED OR OBTAINED UNDER THIS 9,316
CHAPTER OR CHAPTER 742. OR 5505. OF THE REVISED CODE FOR SERVICE 9,318
IN THE ARMED FORCES OF THE UNITED STATES. 9,319
(B) A member of the state teachers retirement system 9,322
participating in the plan described in sections 3307.50 to 9,323
3307.79 of the Revised Code who has contributions on deposit with 9,324
the Ohio police and fire pension fund or the state highway patrol 9,325
retirement system shall, in computing years of total service, be 9,326
given full credit for service credit earned under Chapter 742. or 9,328
5505. of the Revised Code or purchased for MILITARY service in 9,332
the armed forces of the United States CREDIT if a transfer to the 9,334
state teachers retirement system is made under this division. At 9,336
the request of the member, the Ohio police and fire pension fund 9,337
or state highway patrol retirement system shall transfer to the 9,338
state teachers retirement system, for each year of service, the 9,340
sum of the following:
(1) An amount equal to the member's accumulated 9,342
contributions to the transferring fund or system, any payments by 9,343
the member for MILITARY service in the armed forces of the United 9,344
States CREDIT, and any amounts paid under section 742.375 or 9,345
5505.201 of the Revised Code to purchase service credit; 9,347
(2) An amount equal to the lesser of the employer's 9,349
contributions to the Ohio police and fire pension fund or state 9,351
highway patrol retirement system or the amount that would have 9,352
been contributed by the employer for the service had the member 9,353
been a member of the state teachers retirement system AT THE TIME 9,354
THE CREDIT WAS EARNED;
(3) Interest, determined as provided in division (E)(F) of 9,357
206
this section, on the amounts specified in divisions (A)(B)(1) and 9,359
(2) of this section from the last day of the year for which the 9,361
service credit in the transferring fund or system was earned or 9,362
in which PAYMENT WAS MADE FOR military service credit or service 9,363
credit under section 742.35 742.375 or 5505.201 of the Revised 9,365
Code was purchased or obtained to the date the transfer is made. 9,367
(B)(C) A member participating in the plan described in 9,369
sections 3307.50 to 3307.79 of the Revised Code who has at least 9,372
eighteen months of contributing service with the state teachers 9,373
retirement system, is a former member of the Ohio police and fire 9,375
pension fund or state highway patrol retirement system, and has 9,377
received a refund of contributions to that fund or system shall, 9,378
in computing years of total service, be given full credit for 9,379
service credit earned under Chapter 742. or 5505. of the Revised 9,381
Code or purchased for MILITARY service in the armed forces of the 9,383
United States CREDIT if, for each year of service, the state 9,386
teachers retirement system receives the sum of the following: 9,387
(1) An amount, which shall be paid by the member, equal to 9,390
the amount refunded by the Ohio police and fire pension fund or 9,391
the state highway patrol retirement system to the member for that 9,392
year for accumulated contributions and payments for purchase of 9,393
MILITARY SERVICE credit for service in the armed forces of the 9,395
United States, with interest AT A RATE ESTABLISHED BY THE STATE
TEACHERS RETIREMENT BOARD on that amount from the date of the 9,396
refund to the date of the payment; 9,397
(2) Interest, which shall be transferred by the Ohio 9,400
police and fire pension fund or state highway patrol retirement 9,403
system, on the amount refunded to the member that is attributable
to the year of service from the last day of the year for which 9,405
the service credit was earned or in which PAYMENT WAS MADE FOR 9,406
military service credit was purchased or obtained to the date the 9,409
refund was made;
(3) An amount, which shall be transferred by the Ohio 9,411
police and fire pension fund or state highway patrol retirement 9,413
207
system, equal to the lesser of the amount contributed by the 9,414
employer EMPLOYER'S CONTRIBUTIONS to the Ohio police and fire 9,416
pension fund or state highway patrol retirement system for that 9,417
year or the amount that would have been contributed by the 9,418
employer for the year SERVICE had the member been a member of the 9,420
state teachers retirement system AT THE TIME THE CREDIT WAS
EARNED, with interest on that amount from the last day of the 9,424
year for which the service credit was earned or in which PAYMENT 9,425
WAS MADE FOR military service credit was purchased or obtained to 9,426
the date of the transfer.
On receipt of payment from the member, the state teachers 9,429
retirement system shall notify the Ohio police and fire pension 9,431
fund or the state highway patrol retirement system, which, on 9,432
receipt of the notice, shall make the transfer required by this 9,433
division. Interest shall be determined as provided in division 9,434
(E)(F) of this section. 9,435
A member may choose to purchase only part of the credit the 9,438
member is eligible to purchase under this division in any one 9,439
payment, subject to rules of the state teachers retirement board. 9,440
(C)(D) A member is ineligible to obtain credit under this 9,443
section for service that is used in the calculation of any 9,444
retirement benefit currently being paid or payable in the future. 9,445
(D)(E) If a member of the state teachers retirement system 9,448
who is not a current contributor elects to obtain credit under 9,449
section 742.379 742.21 or 5505.202 5505.40 of the Revised Code 9,451
for service for which the member contributed to the state 9,452
teachers retirement system or purchased MADE PAYMENT FOR MILITARY 9,453
SERVICE credit for service in the armed forces of the United 9,455
States, the state teachers retirement system shall transfer to 9,457
the Ohio police and fire pension fund or state highway patrol 9,458
retirement system, as applicable, the amount specified in 9,459
division (D) of section 742.379 742.21 or division (B)(2) of 9,461
section 5505.202 5505.40 of the Revised Code. 9,462
(E)(F) Interest charged under this section shall be 9,465
208
calculated separately for each year of service credit. UNLESS 9,466
OTHERWISE SPECIFIED IN THIS SECTION IT SHALL BE CALCULATED at the 9,467
lesser of the actuarial assumption rate for that year of the 9,468
state teachers retirement system or of the fund or retirement 9,469
system in which the credit was earned. The interest shall be 9,470
compounded annually. 9,471
(F)(G) The state teachers retirement board shall credit to 9,474
a member's account in the teachers' savings fund the amounts 9,475
described in divisions (A)(1) and (B)(1) AND (C)(1) of this 9,477
section, except that the interest paid by the member under 9,478
division (B)(C)(1) of this section shall be credited to the 9,479
employers' trust fund. The board shall credit to the employers' 9,480
trust fund the amounts described in divisions (A)(B)(2), AND (3), 9,482
and (B)(C)(2) AND (3) of this section. 9,483
(H) AT THE REQUEST OF THE STATE TEACHERS RETIREMENT 9,485
SYSTEM, THE OHIO POLICE AND FIRE PENSION FUND OR STATE HIGHWAY 9,486
PATROL RETIREMENT SYSTEM SHALL CERTIFY TO THE STATE TEACHERS 9,487
RETIREMENT SYSTEM A COPY OF THE RECORDS OF THE SERVICE AND 9,488
CONTRIBUTIONS OF A STATE TEACHERS RETIREMENT SYSTEM MEMBER WHO 9,489
SEEKS SERVICE CREDIT UNDER THIS SECTION. 9,490
Sec. 3307.762. (A) AS USED IN THIS SECTION AND SECTIONS 9,492
3307.763 AND 3307.764 OF THE REVISED CODE, "MILITARY SERVICE 9,493
CREDIT" MEANS CREDIT PURCHASED OR OBTAINED UNDER THE STATE 9,495
TEACHERS RETIREMENT SYSTEM OR CITY OF CINCINNATI RETIREMENT
SYSTEM FOR SERVICE IN THE ARMED FORCES OF THE UNITED STATES. 9,496
(B) SERVICE CREDIT AND CONTRIBUTIONS MAY BE TRANSFERRED 9,499
BETWEEN THE STATE TEACHERS RETIREMENT SYSTEM AND THE CINCINNATI 9,500
RETIREMENT SYSTEM AS SPECIFIED IN SECTIONS 3307.763 AND 3307.764 9,501
OF THE REVISED CODE IF BOTH OF THE FOLLOWING CONDITIONS ARE MET: 9,503
(1) THE CINCINNATI CITY COUNCIL AND THE BOARD OF TRUSTEES 9,505
OF THE CINCINNATI RETIREMENT SYSTEM TAKE ALL ACTIONS, INCLUDING 9,507
THE ADOPTION OF ANY ORDINANCE OR RESOLUTION, NECESSARY TO 9,508
AUTHORIZE THE TRANSFERS.
(2) THE STATE TEACHERS RETIREMENT SYSTEM AND CINCINNATI 9,511
209
RETIREMENT SYSTEM, THROUGH THEIR BOARDS OF TRUSTEES, ENTER INTO 9,512
AN AGREEMENT GOVERNING THE TRANSFERS THAT IS CONSISTENT WITH THE 9,513
REQUIREMENTS OF SECTIONS 3307.763 AND 3307.764 OF THE REVISED 9,514
CODE AND INCLUDES BOTH OF THE FOLLOWING: 9,515
(a) A PROVISION UNDER WHICH THE RETIREMENT SYSTEMS AGREE 9,517
TO TRANSFER THE AMOUNTS SPECIFIED IN THOSE SECTIONS; 9,518
(b) A PROVISION THAT SPECIFIES AN AMOUNT OF CREDIT THE 9,520
SYSTEM TO WHICH THE TRANSFER IS MADE WILL GRANT FOR A SPECIFIC 9,522
PERIOD OF SERVICE EARNED UNDER THE TRANSFERRING SYSTEM. 9,523
(C) THE AMOUNT OF CREDIT SPECIFIED UNDER DIVISION (B)(2) 9,525
OF THIS SECTION MAY BE LESS THAN THE PERSON EARNED FOR A SPECIFIC 9,527
PERIOD OF SERVICE UNDER THE TRANSFERRING SYSTEM. 9,528
(D)(1) THE STATE TEACHERS RETIREMENT SYSTEM, THROUGH ITS 9,531
BOARD OF TRUSTEES, AND THE CINCINNATI RETIREMENT SYSTEM, ACTING 9,532
PURSUANT TO THE AUTHORITY GRANTED IT BY THE CINCINNATI CITY 9,533
COUNCIL, MAY DO EITHER OF THE FOLLOWING: 9,534
(a) BY MUTUAL CONSENT, MODIFY THE AGREEMENT DESCRIBED IN 9,537
THIS SECTION;
(b) RESCIND THE AGREEMENT DESCRIBED IN THIS SECTION. 9,539
(2) ACTION TAKEN UNDER DIVISION (D)(1) OF THIS SECTION 9,541
DOES NOT AFFECT ANY TRANSFERS MADE BETWEEN THE SYSTEMS AND GRANTS 9,542
OF CREDIT MADE BY THE SYSTEMS PRIOR TO THE TIME ACTION IS TAKEN. 9,543
(3) RESCINDING OF AN AGREEMENT AS PROVIDED IN DIVISION 9,546
(D)(1)(b) OF THIS SECTION DOES NOT REQUIRE MUTUAL CONSENT. THE 9,547
RETIREMENT SYSTEM THAT RESCINDS THE AGREEMENT MUST PROMPTLY 9,548
NOTIFY THE OTHER.
(E) IF EITHER OF THE CONDITIONS SPECIFIED IN DIVISION (B) 9,551
OF THIS SECTION IS NOT MET, A MEMBER OF THE STATE TEACHERS 9,552
RETIREMENT SYSTEM WHO MEETS THE REQUIREMENTS OF SECTION 3307.74 9,553
OF THE REVISED CODE MAY PURCHASE CREDIT UNDER DIVISION (A)(3) OF 9,554
THAT SECTION FOR SERVICE IN THE CINCINNATI RETIREMENT SYSTEM. 9,555
Sec. 3307.763. (A) IF THE CONDITIONS DESCRIBED IN 9,557
DIVISION (B) OF SECTION 3307.762 OF THE REVISED CODE ARE MET, A 9,559
MEMBER OF THE STATE TEACHERS RETIREMENT SYSTEM WHO IS NOT 9,560
210
RECEIVING A PENSION OR BENEFIT FROM THE STATE TEACHERS RETIREMENT 9,561
SYSTEM IS ELIGIBLE TO OBTAIN CREDIT FOR SERVICE AS A MEMBER OF 9,562
THE CINCINNATI RETIREMENT SYSTEM UNDER THIS SECTION. 9,563
(B) A MEMBER OF THE STATE TEACHERS RETIREMENT SYSTEM WHO 9,565
HAS CONTRIBUTIONS ON DEPOSIT WITH, BUT IS NO LONGER CONTRIBUTING 9,566
TO, THE CINCINNATI RETIREMENT SYSTEM SHALL, IN COMPUTING YEARS OF 9,567
SERVICE CREDIT, BE GIVEN CREDIT FOR SERVICE CREDIT EARNED UNDER 9,568
THE CINCINNATI RETIREMENT SYSTEM OR PURCHASED OR OBTAINED AS 9,569
MILITARY SERVICE CREDIT IF, FOR EACH YEAR OF SERVICE, THE 9,570
CINCINNATI RETIREMENT SYSTEM TRANSFERS TO THE STATE TEACHERS 9,572
RETIREMENT SYSTEM THE SUM OF THE FOLLOWING: 9,573
(1) THE AMOUNT CONTRIBUTED BY THE MEMBER, OR, IN THE CASE 9,575
OF MILITARY SERVICE CREDIT, PAID BY THE MEMBER, THAT IS 9,576
ATTRIBUTABLE TO THE YEAR OF SERVICE; 9,577
(2) AN AMOUNT EQUAL TO THE LESSER OF THE EMPLOYER'S 9,580
CONTRIBUTIONS TO THE CINCINNATI RETIREMENT SYSTEM OR THE AMOUNT 9,581
THAT WOULD HAVE BEEN CONTRIBUTED BY THE EMPLOYER FOR THE SERVICE
HAD THE MEMBER BEEN A MEMBER OF THE STATE TEACHERS RETIREMENT 9,584
SYSTEM AT THE TIME THE CREDIT WAS EARNED;
(3) INTEREST ON THE AMOUNTS SPECIFIED IN DIVISIONS (B)(1) 9,586
AND (2) OF THIS SECTION FROM THE LAST DAY OF THE YEAR FOR WHICH 9,587
SERVICE CREDIT WAS EARNED OR IN WHICH PAYMENT WAS MADE FOR 9,588
MILITARY SERVICE CREDIT TO THE DATE THE TRANSFER IS MADE. 9,589
(C) A MEMBER OF THE STATE TEACHERS RETIREMENT SYSTEM WITH 9,591
AT LEAST EIGHTEEN MONTHS OF CONTRIBUTING SERVICE CREDIT WITH THE 9,592
STATE TEACHERS RETIREMENT SYSTEM WHO HAS RECEIVED A REFUND OF THE 9,593
MEMBER'S CONTRIBUTIONS TO THE CINCINNATI RETIREMENT SYSTEM SHALL, 9,594
IN COMPUTING YEARS OF SERVICE, BE GIVEN CREDIT FOR SERVICE CREDIT 9,595
EARNED UNDER THE CINCINNATI RETIREMENT SYSTEM OR PURCHASED OR 9,597
OBTAINED AS MILITARY SERVICE CREDIT IF, FOR EACH YEAR OF SERVICE,
THE STATE TEACHERS RETIREMENT SYSTEM RECEIVES THE SUM OF THE 9,600
FOLLOWING:
(1) AN AMOUNT, PAID BY THE MEMBER, EQUAL TO THE SUM OF THE 9,602
FOLLOWING:
211
(a) THE AMOUNT REFUNDED BY THE CINCINNATI RETIREMENT 9,605
SYSTEM TO THE MEMBER FOR THAT YEAR FOR CONTRIBUTIONS AND PAYMENTS 9,606
FOR MILITARY SERVICE CREDIT, WITH INTEREST AT A RATE ESTABLISHED 9,607
BY THE STATE TEACHERS RETIREMENT BOARD ON THAT AMOUNT FROM THE 9,608
DATE OF THE REFUND TO THE DATE OF PAYMENT; 9,609
(b) THE AMOUNT OF INTEREST, IF ANY, THE MEMBER RECEIVED 9,611
WHEN THE REFUND WAS MADE THAT IS ATTRIBUTABLE TO THE YEAR OF 9,612
SERVICE.
(2) AN AMOUNT, TRANSFERRED BY THE CINCINNATI RETIREMENT 9,614
SYSTEM TO THE STATE TEACHERS RETIREMENT SYSTEM, EQUAL TO THE SUM 9,615
OF THE FOLLOWING: 9,616
(a) INTEREST ON THE AMOUNT REFUNDED TO THE MEMBER THAT IS 9,618
ATTRIBUTABLE TO THE YEAR OF SERVICE FROM THE LAST DAY OF THE YEAR 9,619
FOR WHICH THE SERVICE CREDIT WAS EARNED OR IN WHICH PAYMENT WAS 9,620
MADE FOR MILITARY SERVICE CREDIT TO THE DATE THE REFUND WAS MADE; 9,621
(b) AN AMOUNT EQUAL TO THE LESSER OF THE EMPLOYER'S 9,623
CONTRIBUTIONS TO THE CINCINNATI RETIREMENT SYSTEM OR THE AMOUNT 9,624
THAT WOULD HAVE BEEN CONTRIBUTED BY THE EMPLOYER FOR THE SERVICE 9,625
HAD THE MEMBER BEEN A MEMBER OF THE STATE TEACHERS RETIREMENT 9,626
SYSTEM AT THE TIME THE CREDIT WAS EARNED, WITH INTEREST ON THAT 9,628
AMOUNT FROM THE LAST DAY OF THE YEAR FOR WHICH THE SERVICE CREDIT 9,629
WAS EARNED TO THE DATE OF THE TRANSFER.
(D) THE AMOUNT TRANSFERRED UNDER DIVISION (C)(2)(a) OF 9,632
THIS SECTION SHALL NOT INCLUDE ANY AMOUNT OF INTEREST THE 9,633
CINCINNATI RETIREMENT SYSTEM PAID TO THE PERSON WHEN IT MADE THE 9,634
REFUND.
(E) ON RECEIPT OF PAYMENT FROM THE MEMBER UNDER DIVISION 9,637
(C)(1) OF THIS SECTION, THE STATE TEACHERS RETIREMENT SYSTEM 9,638
SHALL NOTIFY THE CINCINNATI RETIREMENT SYSTEM. ON RECEIPT OF THE 9,639
NOTICE, THE CINCINNATI RETIREMENT SYSTEM SHALL TRANSFER THE 9,640
AMOUNT DESCRIBED IN DIVISION (C)(2) OF THIS SECTION. 9,641
(F) INTEREST CHARGED UNDER THIS SECTION SHALL BE 9,643
CALCULATED SEPARATELY FOR EACH YEAR OF SERVICE CREDIT. UNLESS 9,644
OTHERWISE SPECIFIED IN THIS SECTION, IT SHALL BE CALCULATED AT 9,645
212
THE LESSER OF THE ACTUARIAL ASSUMPTION RATE FOR THAT YEAR OF THE 9,646
STATE TEACHERS RETIREMENT SYSTEM OR THE CINCINNATI RETIREMENT 9,647
SYSTEM. THE INTEREST SHALL BE COMPOUNDED ANNUALLY. 9,648
(G) AT THE REQUEST OF THE STATE TEACHERS RETIREMENT 9,650
SYSTEM, THE CINCINNATI RETIREMENT SYSTEM SHALL CERTIFY TO THE 9,651
STATE TEACHERS RETIREMENT SYSTEM A COPY OF THE RECORDS OF THE 9,652
SERVICE AND CONTRIBUTIONS OF A STATE TEACHERS RETIREMENT SYSTEM 9,653
MEMBER WHO SEEKS SERVICE CREDIT UNDER THIS SECTION. 9,654
(H) A MEMBER MAY CHOOSE TO PURCHASE ONLY PART OF THE 9,656
CREDIT THE MEMBER IS ELIGIBLE TO PURCHASE UNDER DIVISION (C) OF 9,657
THIS SECTION IN ANY ONE PAYMENT, SUBJECT TO RULES OF THE STATE 9,658
TEACHERS RETIREMENT BOARD.
(I) A MEMBER IS INELIGIBLE TO OBTAIN CREDIT UNDER THIS 9,660
SECTION FOR SERVICE THAT IS USED IN THE CALCULATION OF ANY 9,661
RETIREMENT BENEFIT CURRENTLY BEING PAID OR PAYABLE IN THE FUTURE. 9,662
(J) THE STATE TEACHERS RETIREMENT BOARD SHALL CREDIT TO 9,664
THE MEMBER'S ACCOUNT IN THE TEACHERS' SAVINGS FUND THE AMOUNTS 9,665
DESCRIBED IN DIVISIONS (B)(1) AND (C)(1)(a) OF THIS SECTION, 9,667
EXCEPT THAT INTEREST PAID BY THE MEMBER UNDER DIVISION (C)(1)(a) 9,668
OF THIS SECTION SHALL BE CREDITED TO THE EMPLOYERS' TRUST FUND. 9,670
THE BOARD SHALL CREDIT TO THE EMPLOYERS' TRUST FUND THE AMOUNTS 9,671
DESCRIBED IN DIVISIONS (B)(2), (B)(3), (C)(1)(b), AND (C)(2) OF 9,672
THIS SECTION. 9,673
Sec. 3307.764. (A) IF THE CONDITIONS DESCRIBED IN 9,675
DIVISION (B) OF SECTION 3307.762 OF THE REVISED CODE ARE MET AND 9,677
A PERSON WHO IS A MEMBER OR FORMER MEMBER OF THE STATE TEACHERS 9,680
RETIREMENT SYSTEM BUT NOT A CURRENT CONTRIBUTOR AND WHO IS NOT 9,681
RECEIVING A PENSION OR BENEFIT FROM THE STATE TEACHERS RETIREMENT 9,682
SYSTEM ELECTS TO RECEIVE CREDIT UNDER THE CINCINNATI RETIREMENT 9,683
SYSTEM FOR SERVICE FOR WHICH THE PERSON CONTRIBUTED TO THE STATE 9,684
TEACHERS RETIREMENT SYSTEM OR PURCHASED OR OBTAINED AS MILITARY 9,685
SERVICE CREDIT, THE STATE TEACHERS RETIREMENT SYSTEM SHALL 9,687
TRANSFER THE AMOUNTS SPECIFIED IN DIVISION (B) OR (C) OF THIS 9,688
SECTION TO THE CINCINNATI RETIREMENT SYSTEM. 9,690
213
(B) IF THE PERSON HAS CONTRIBUTIONS ON DEPOSIT WITH THE 9,692
STATE TEACHERS RETIREMENT SYSTEM, THE RETIREMENT SYSTEM SHALL, 9,693
FOR EACH YEAR OF SERVICE CREDIT, TRANSFER TO THE CINCINNATI 9,694
RETIREMENT SYSTEM THE SUM OF THE FOLLOWING: 9,695
(1) AN AMOUNT EQUAL TO THE PERSON'S CONTRIBUTIONS TO THE 9,697
STATE TEACHERS RETIREMENT SYSTEM AND PAYMENTS MADE BY THE MEMBER 9,698
FOR MILITARY SERVICE CREDIT; 9,699
(2) AN AMOUNT EQUAL TO THE LESSER OF THE EMPLOYER'S 9,702
CONTRIBUTIONS TO THE STATE TEACHERS RETIREMENT SYSTEM OR THE
AMOUNT THAT WOULD HAVE BEEN CONTRIBUTED BY THE EMPLOYER FOR THE 9,704
SERVICE HAD THE PERSON BEEN A MEMBER OF THE CINCINNATI RETIREMENT 9,705
SYSTEM AT THE TIME THE CREDIT WAS EARNED; 9,706
(3) INTEREST ON THE AMOUNTS SPECIFIED IN DIVISIONS (B)(1) 9,708
AND (2) OF THIS SECTION FOR THE PERIOD FROM THE LAST DAY OF THE 9,709
YEAR FOR WHICH THE SERVICE CREDIT WAS EARNED OR IN WHICH PAYMENT 9,710
WAS MADE FOR MILITARY SERVICE CREDIT TO THE DATE THE TRANSFER WAS 9,711
MADE.
(C)(1) IF THE PERSON HAS RECEIVED A REFUND OF ACCUMULATED 9,713
CONTRIBUTIONS TO THE STATE TEACHERS RETIREMENT SYSTEM, THE STATE 9,714
TEACHERS RETIREMENT SYSTEM SHALL, FOR EACH YEAR OF SERVICE 9,716
CREDIT, TRANSFER TO THE CINCINNATI RETIREMENT SYSTEM THE SUM OF 9,717
THE FOLLOWING:
(a) INTEREST ON THE AMOUNT REFUNDED TO THE FORMER MEMBER 9,719
THAT IS ATTRIBUTABLE TO THE YEAR OF SERVICE FROM THE LAST DAY OF 9,720
THE YEAR FOR WHICH THE SERVICE CREDIT WAS EARNED OR IN WHICH 9,722
PAYMENT WAS MADE FOR MILITARY SERVICE CREDIT TO THE DATE THE 9,723
REFUND WAS MADE;
(b) AN AMOUNT EQUAL TO THE LESSER OF THE EMPLOYER'S 9,726
CONTRIBUTIONS TO THE STATE TEACHERS RETIREMENT SYSTEM OR THE
AMOUNT THAT WOULD HAVE BEEN CONTRIBUTED BY THE EMPLOYER FOR THE 9,728
SERVICE HAD THE PERSON BEEN A MEMBER OF THE CINCINNATI RETIREMENT 9,729
SYSTEM AT THE TIME THE CREDIT WAS EARNED, WITH INTEREST ON THAT 9,730
AMOUNT FROM THE LAST DAY OF THE YEAR FOR WHICH THE SERVICE CREDIT 9,732
WAS EARNED TO THE DATE OF THE TRANSFER. 9,733
214
(2) THE AMOUNT TRANSFERRED UNDER DIVISION (C)(1) OF THIS 9,735
SECTION SHALL NOT INCLUDE ANY AMOUNT ADDED TO THE MEMBER'S 9,736
ACCUMULATED CONTRIBUTIONS UNDER SECTION 3307.563 OF THE REVISED 9,737
CODE AND PAID UNDER SECTION 3307.56 OR 3307.562 OF THE REVISED 9,739
CODE.
(3) ON RECEIPT OF NOTICE FROM THE CINCINNATI RETIREMENT 9,741
SYSTEM THAT THE CINCINNATI RETIREMENT SYSTEM HAS RECEIVED PAYMENT 9,742
FROM A PERSON DESCRIBED IN DIVISION (C)(1) OF THIS SECTION, THE 9,743
STATE TEACHERS RETIREMENT SYSTEM SHALL TRANSFER THE AMOUNT 9,744
DESCRIBED IN THAT DIVISION. 9,745
(D) INTEREST CHARGED UNDER THIS SECTION SHALL BE 9,747
CALCULATED SEPARATELY FOR EACH YEAR OF SERVICE CREDIT. UNLESS 9,748
OTHERWISE SPECIFIED IN THIS SECTION, IT SHALL BE CALCULATED AT 9,749
THE LESSER OF THE ACTUARIAL ASSUMPTION RATE FOR THAT YEAR OF THE 9,750
STATE TEACHERS RETIREMENT SYSTEM OR THE CINCINNATI RETIREMENT 9,751
SYSTEM. THE INTEREST SHALL BE COMPOUNDED ANNUALLY. 9,752
(E) THE TRANSFER OF ANY AMOUNT UNDER THIS SECTION CANCELS 9,754
AN EQUIVALENT AMOUNT OF SERVICE CREDIT. 9,755
(F) AT THE REQUEST OF THE CINCINNATI RETIREMENT SYSTEM, 9,757
THE STATE TEACHERS RETIREMENT SYSTEM SHALL CERTIFY TO THE 9,759
CINCINNATI RETIREMENT SYSTEM A COPY OF THE RECORDS OF THE SERVICE 9,760
AND CONTRIBUTIONS OF A MEMBER OR FORMER MEMBER OF THE STATE 9,762
TEACHERS RETIREMENT SYSTEM WHO ELECTS TO RECEIVE SERVICE CREDIT 9,763
UNDER THE CINCINNATI RETIREMENT SYSTEM.
Sec. 3307.79. (A) A member whose death occurred prior to 9,773
July 1, 1973, who at the time of death had more than thirty-four 9,774
but less than thirty-five years of service credit shall be 9,775
presumed to have completed thirty-five years of such credit. Any 9,776
member whose death occurred on or after July 1, 1973, but prior 9,777
to August 20, 1976, and who at the time of death had more than 9,778
thirty-one but less than thirty-two years of service credit shall 9,779
be presumed to have completed thirty-two years of such credit. 9,780
Any member participating in the plan described in sections 9,781
3307.50 to 3307.79 of the Revised Code whose death occurs on or 9,782
215
after August 20, 1976, and who at the time of death has more than 9,784
twenty-nine but less than thirty years of service credit shall be 9,785
presumed to have completed thirty years of such credit. 9,786
(B) On the death of a member who is participating in the 9,789
plan described in sections 3307.50 to 3307.79 of the Revised Code 9,790
prior to service retirement, the surviving spouse or dependents 9,792
of the deceased member shall have the right to purchase any 9,793
service credit the member, had the member not died, would have 9,795
been eligible to purchase pursuant to sections 3307.71, 3307.72, 9,796
3307.73, 3307.74, 3307.741, 3307.751, 3307.752, 3307.76, 9,800
3307.761, 3307.763, 3307.77, and 3307.771 of the Revised Code 9,802
upon the same terms and conditions which the deceased member 9,804
could have purchased such service credit had the deceased member 9,805
not died. Any service credit purchased under this section shall 9,807
be applied under the provisions of this chapter in the same 9,808
manner as it would have been applied had it been purchased by the 9,809
deceased member during the deceased member's lifetime. 9,810
Sec. 3307.84. For each member participating in a plan 9,819
established under section 3307.81 of the Revised Code, the state 9,820
teachers retirement system shall transfer to the employers' trust 9,821
fund a portion of the employer contribution required under 9,822
section 3307.28 of the Revised Code that is equal to the 9,823
percentage of compensation of members described in this section 9,824
for whom the contributions are being made that is determined by 9,826
the board's actuary to be necessary to mitigate any negative 9,827
financial impact on the state teachers retirement system of the 9,828
participation of members in a plan established under section 9,829
3307.81 of the Revised Code. The remainder shall be credited as 9,831
provided in section 3307.28 of the Revised Code. 9,832
The state teachers retirement board shall have prepared 9,836
annually an actuarial study to determine whether the percentage 9,837
transferred under this section should be changed to reflect a 9,838
change in the level of the negative financial impact resulting 9,839
from participation of members in a plan established under section
216
3307.81 of the Revised Code. The BOARD SHALL INCREASE OR 9,841
DECREASE THE percentage transferred under this section shall be 9,842
increased or decreased to reflect the amount needed to mitigate 9,843
the negative financial impact, if any, on the system, as 9,844
determined by BASED ON the actuarial study. An increase or 9,845
decrease shall take effect on the first day of the month 9,846
following the date the conclusions of the actuarial study are 9,847
reported to the board.
The system shall make the transfer required under this 9,850
section until the unfunded actuarial accrued liability for all 9,851
benefits, except health care benefits provided under section 9,852
3307.39 or 3307.61 of the Revised Code and benefit increases 9,853
provided to members and former members participating in the plan
described in sections 3307.50 to 3307.79 of the Revised Code 9,854
after the effective date of this section JULY 13, 2000, is fully 9,856
amortized, as determined by the annual actuarial valuation 9,857
prepared under section 3307.51 of the Revised Code. 9,859
Sec. 3309.061. NOTWITHSTANDING SECTIONS 3309.05, 3309.06, 9,862
AND 3309.07 OF THE REVISED CODE, THE SCHOOL EMPLOYEES RETIREMENT 9,863
BOARD IS NOT REQUIRED TO HOLD AN ELECTION FOR A POSITION ON THE 9,864
BOARD AS AN EMPLOYEE MEMBER OR RETIRANT MEMBER IF ONLY ONE 9,866
CANDIDATE HAS BEEN NOMINATED FOR THE POSITION BY PETITION IN 9,867
ACCORDANCE WITH SECTION 3309.07 OF THE REVISED CODE. THE 9,868
CANDIDATE SHALL TAKE OFFICE AS IF ELECTED. THE TERM OF OFFICE 9,870
SHALL BE FOUR YEARS BEGINNING ON THE FIRST DAY OF JULY FOLLOWING 9,871
THE DATE THE CANDIDATE WAS NOMINATED.
Sec. 3309.22. (A) The treasurer of state shall furnish 9,880
annually to the school employees retirement board a sworn 9,881
statement of the amount of the funds in the treasurer's custody 9,883
belonging to the school employees retirement system. 9,884
(B)(1) As used in this division, "personal history record" 9,886
means information maintained by the board on AN INDIVIDUAL WHO IS 9,887
a member, former member, contributor, former contributor, 9,889
retirant, or beneficiary that includes the address, telephone 9,890
217
number, social security number, record of contributions, 9,891
correspondence with the system, and other information the board 9,892
determines to be confidential.
(2) The records of the board shall be open to public 9,894
inspection, except for the following, which shall be excluded, 9,895
except with the written authorization of the individual 9,896
concerned: 9,897
(a) The individual's statement of previous service and 9,899
other information as provided for in section 3309.28 of the 9,900
Revised Code; 9,901
(b) Any information identifying by name and address the 9,903
amount of a monthly allowance or benefit paid to the individual; 9,904
(c) The individual's personal history record. 9,906
(C) All medical reports and recommendations required by 9,908
the system are privileged except that copies of such medical 9,909
reports or recommendations shall be made available to the 9,910
personal physician, attorney, or authorized agent of the 9,911
individual concerned upon written release received from the 9,912
individual or the individual's agent, or when necessary for the 9,914
proper administration of the fund, to the board assigned 9,915
physician.
(D) Any person who is a contributor of the system shall be 9,917
furnished, on written request, with a statement of the amount to 9,919
the credit of the person's account. The board need not answer 9,920
more than one such request of a person in any one year.
(E) Notwithstanding the exceptions to public inspection in 9,922
division (B)(2) of this section, the board may furnish the 9,923
following information: 9,924
(1) If a member, former member, contributor, former 9,926
contributor, or retirant is subject to an order issued under 9,927
section 2907.15 of the Revised Code or is convicted of or pleads 9,928
guilty to a violation of section 2921.41 of the Revised Code, on 9,929
written request of a prosecutor as defined in section 2935.01 of 9,930
the Revised Code, the board shall furnish to the prosecutor the 9,931
218
information requested from the individual's personal history 9,932
record. 9,933
(2) Pursuant to a court or administrative order issued 9,935
under section 3111.23 or 3113.21 of the Revised Code, the board 9,936
shall furnish to a court or child support enforcement agency the 9,937
information required under that section. 9,938
(3) At the written request of any person, the board shall 9,940
provide to the person a list of the names and addresses of 9,941
members, former members, retirants, contributors, former 9,942
contributors, or beneficiaries. The costs of compiling, copying, 9,943
and mailing the list shall be paid by such person. 9,944
(4) Within fourteen days after receiving from the director 9,946
of job and family services a list of the names and social 9,947
security numbers of recipients of public assistance pursuant to 9,949
section 5101.181 of the Revised Code, the board shall inform the 9,950
auditor of state of the name, current or most recent employer 9,951
address, and social security number of each contributor whose 9,952
name and social security number are the same as that of a person 9,953
whose name or social security number was submitted by the 9,954
director. The board and its employees shall, except for purposes 9,955
of furnishing the auditor of state with information required by 9,956
this section, preserve the confidentiality of recipients of 9,957
public assistance in compliance with division (A) of section 9,958
5101.181 of the Revised Code. 9,959
(5) THE SYSTEM SHALL COMPLY WITH ORDERS ISSUED UNDER 9,962
SECTION 3105.87 OF THE REVISED CODE.
ON THE WRITTEN REQUEST OF AN ALTERNATE PAYEE, AS DEFINED IN 9,964
SECTION 3105.80 OF THE REVISED CODE, THE SYSTEM SHALL FURNISH TO 9,966
THE ALTERNATE PAYEE INFORMATION ON THE AMOUNT AND STATUS OF ANY 9,967
AMOUNTS PAYABLE TO THE ALTERNATE PAYEE UNDER AN ORDER ISSUED 9,968
UNDER SECTION 3105.171 OR 3105.65 OF THE REVISED CODE. 9,969
(F) A statement that contains information obtained from 9,971
the system's records that is signed by an officer of the 9,972
retirement system and to which the system's official seal is 9,973
219
affixed, or copies of the system's records to which the signature 9,974
and seal are attached, shall be received as true copies of the 9,975
system's records in any court or before any officer of this 9,976
state. 9,977
Sec. 3309.26. The membership of any person in the school 9,986
employees retirement system shall terminate if the person 9,987
withdraws the person's accumulated contributions, retires on a 9,988
retirement allowance as provided in sections 3309.36, 3309.38, 9,990
and 3309.381 of the Revised Code, or dies, unless otherwise 9,991
provided in Chapter 3309. of the Revised Code. 9,992
A former member with an account in the employees' savings 9,994
fund who formerly lost membership shall be reinstated as a member 9,996
with all the rights, privileges, and obligations as provided in 9,997
Chapter 3309. of the Revised Code.
Except as provided in this section, a member or former 10,000
member of the school employees retirement system with at least 10,001
one and one-half years of contributing service credit in this 10,002
system, the public employees retirement system, the state 10,003
teachers retirement system, the Ohio police and fire pension 10,005
fund, or the state highway patrol retirement system, subsequent 10,007
to the withdrawal of contributions and cancellation of service 10,008
credit in this system may restore such service credit by 10,009
redepositing in the employees' savings fund the amount withdrawn 10,010
with interest at a rate to be determined by the board, compounded 10,011
annually, from the first of the month of withdrawal to and 10,012
including the month of redeposit. A member may choose to 10,013
purchase only part of such credit in any one payment, subject to 10,014
board rules. The total payment to restore cancelled service 10,015
credit, plus any interest credited thereto, shall be considered 10,016
as accumulated contributions of the member. If a former member 10,017
is eligible to buy the service credit as a member of the Ohio 10,018
police and fire pension fund or, THE state highway patrol 10,020
retirement system, OR THE CITY OF CINCINNATI RETIREMENT SYSTEM, 10,021
the former member is ineligible to restore that service credit 10,022
220
under this section.
Sec. 3309.31. Service credit purchased under this section 10,032
shall be included in the member's total service credit. Credit 10,033
may be purchased for the following: 10,034
(A) School service in a public or private school, college, 10,036
or university of this or another state, and for school service in 10,037
any school or entity operated by or for the United States 10,038
government. Credit purchased under this section for school 10,039
service shall be limited to service rendered in schools, 10,040
colleges, or universities chartered or accredited by the 10,041
appropriate governmental agency. 10,042
(B) Public service with another state or the United States 10,044
government, provided that such credit shall be limited to service 10,045
that would have been covered by the state teachers retirement 10,046
system, the Ohio police and fire pension fund, the state highway 10,049
patrol retirement system, or the public employees retirement 10,050
system if served in a comparable public position in this state. 10,051
(C) Service for which contributions were made by the 10,053
member or on the member's behalf to a municipal retirement system 10,055
in this state, EXCEPT THAT IF THE CONDITIONS SPECIFIED IN SECTION 10,056
3309.74 OF THE REVISED CODE ARE MET, SERVICE CREDIT FOR THIS
SERVICE SHALL BE PURCHASED ONLY IN ACCORDANCE WITH SECTION 10,057
3309.75 OF THE REVISED CODE.
The number of years of service purchased under this section 10,060
shall not exceed the lesser of five years or the member's total 10,061
accumulated number of years of Ohio service.
For each year of service purchased under this section, a 10,063
member shall pay to the school employees retirement system for 10,064
credit to the member's accumulated account an amount equal to the 10,066
member's retirement contribution for full-time employment for the 10,067
first year of Ohio service following termination of the service 10,068
to be purchased. To this amount shall be added an amount equal 10,069
to compound interest at a rate established by the school 10,070
employees retirement board from the date of membership in the 10,071
221
school employees retirement system to date of payment. A member 10,072
may choose to purchase only part of such credit in any one 10,073
payment, subject to board rules. 10,074
A member is ineligible to purchase under this section 10,076
service that is used in the calculation of any retirement benefit 10,077
currently being paid or payable in the future to the member under 10,078
any other retirement program, except social security. At the 10,079
time the credit is purchased, the member shall certify on a form 10,080
furnished by the retirement board that the member does and will 10,082
conform to this requirement. 10,083
(D) Credit purchased under this section may be combined 10,085
pursuant to section 3309.35 of the Revised Code with credit 10,086
purchased under sections 145.293 and 3307.74 of the Revised Code, 10,088
except that not more than an aggregate total of five years' 10,089
service credit purchased under this section and sections 145.293 10,090
and 3307.74 of the Revised Code shall be used in determining 10,092
retirement eligibility or calculating benefits under section 10,093
3309.35 of the Revised Code. 10,094
(E) The retirement board shall establish a policy to 10,096
determine eligibility to purchase credit under this section, and 10,097
its decision shall be final. 10,098
Sec. 3309.341. (A) As used in this section AND SECTION 10,107
3309.344 OF THE REVISED CODE:
(1) "SERS retirant" means any person who is receiving a 10,109
retirement allowance from the school employees retirement system 10,110
under section 3309.36, 3309.38, or 3309.381 of the Revised Code. 10,111
(2) "Other system retirant" means a member or former 10,113
member of the public employees retirement system, Ohio police and 10,115
fire pension fund, state teachers retirement system, state 10,116
highway patrol retirement system, or Cincinnati retirement system 10,117
who is receiving age and service or commuted age and service 10,118
retirement, or a disability benefit from a system of which the 10,119
retirant is a member or former member.
(B)(1) An SERS retirant or other system retirant may be 10,121
222
employed by a public employer. If so employed, the SERS retirant 10,122
or other system retirant shall contribute to the school employees 10,123
retirement system in accordance with section 3309.47 of the 10,124
Revised Code, and the employer shall make contributions in 10,125
accordance with section 3309.49 of the Revised Code. 10,126
(2) An employer that employs an SERS retirant or other 10,128
system retirant shall notify the retirement board of the 10,129
employment not later than the end of the month in which the 10,130
employment commences. On receipt of notice from an employer that 10,131
a person who is an other system retirant has been employed, the 10,132
school employees retirement system shall notify the state 10,133
retirement system of which the other system retirant was a member 10,134
of such employment. 10,135
(C) An SERS retirant or other system retirant who has 10,137
received a retirement allowance or disability benefit for less 10,139
than two months when employment subject to this section commences 10,140
shall forfeit the retirement allowance or disability benefit for 10,142
ANY MONTH the SERS RETIRANT OR OTHER SYSTEM RETIRANT IS EMPLOYED 10,143
PRIOR TO THE EXPIRATION OF THE TWO-MONTH period that begins on 10,144
the date the employment commences and ends on the earlier of the 10,146
date the employment terminates or the date that is two months 10,147
after the date on which the retirement allowance or disability 10,148
benefit commenced. Service and contributions for that period 10,149
shall not be included in the calculation of any benefits payable 10,150
to the SERS retirant or other system retirant, and those 10,151
contributions shall be refunded on death or termination of the 10,152
employment. CONTRIBUTIONS MADE ON COMPENSATION EARNED AFTER THE 10,153
EXPIRATION OF SUCH PERIOD SHALL BE USED IN THE CALCULATION OF THE 10,154
BENEFIT OR PAYMENT DUE UNDER SECTION 3309.344 OF THE REVISED
CODE.
(D) On receipt of notice from the Ohio police and fire 10,157
pension fund, public employees retirement system, or state 10,159
teachers retirement system of the re-employment of an SERS 10,160
retirant, the school employees retirement system shall not pay, 10,161
223
or if paid shall recover, the amount to be forfeited by the SERS 10,162
retirant in accordance with section 145.38, 742.26, or 3307.35 of 10,164
the Revised Code.
(E)(1) On termination of employment under this section, an 10,166
SERS retirant or other system retirant may file an application 10,167
with the school employees retirement system for a benefit under 10,168
this division. The benefit shall consist of a single life 10,170
annuity having a reserve equal to the amount of the retirant's 10,171
accumulated contributions for the period of employment, other 10,173
than the contributions excluded pursuant to division (C) of this 10,174
section, and an equal amount of the employer's contributions, 10,176
plus interest credited to the date of retirement at the rate 10,177
provided in division (I)(2) of section 3309.01 of the Revised 10,178
Code. The SERS retirant or other system retirant shall elect 10,179
either to receive the benefit as a monthly annuity for life or a 10,180
lump-sum payment discounted to the present value using the 10,181
current actuarial assumption rate of interest, except that if the 10,182
monthly annuity would be less than twenty-five dollars per month, 10,184
the retirant shall receive a lump-sum payment.
(2) A benefit payable under this division shall commence 10,186
on the first day of the month after the latest of the following: 10,187
(a) The last day for which compensation for employment 10,189
subject to this section was paid; 10,190
(b) Attainment by the SERS retirant or other system 10,192
retirant of age sixty-five; 10,193
(c) If the SERS retirant or other system retirant was 10,195
previously employed under this section and is receiving or 10,196
previously received a benefit under this division, completion of 10,197
a period of twelve months since the effective date of that 10,198
benefit. 10,199
(3) An SERS retirant or other system retirant subject to 10,201
this section is not a member of the school employees retirement 10,202
system; does not have any of the rights, privileges, or 10,203
obligations of membership, except as specified in this section; 10,204
224
and is not eligible to receive health, medical, hospital, or 10,205
surgical benefits under section 3309.69 of the Revised Code for 10,206
employment subject to this section. No amount received under 10,207
this division shall be included in determining an additional 10,208
benefit under section 3309.374 of the Revised Code or any other 10,209
post-retirement benefits. 10,210
(F)(1) If an SERS retirant or other system retirant dies 10,212
while employed in employment subject to this section, a lump-sum 10,213
payment calculated in accordance with division (E)(1) of this 10,214
section shall be paid to the beneficiary under division (H) of 10,215
this section. 10,216
(2) If at the time of death an SERS retirant or other 10,218
system retirant receiving a monthly annuity has received less 10,219
than the retirant would have received as a lump-sum payment, the 10,222
difference between the amount received and the amount that would 10,224
have been received as a lump-sum payment shall be paid to the 10,225
retirant's beneficiary under division (H) of this section. 10,227
(G) If the disability benefit of an other system retirant 10,229
employed under this section is terminated, the retirant shall 10,230
become a member of the school employees retirement system, 10,232
effective on the first day of the month next following the 10,233
termination, with all the rights, privileges, and obligations of 10,234
membership. If the retirant, after the termination of the 10,236
disability benefit, earns two years of service credit under this 10,238
retirement system or under the public employees retirement 10,239
system, Ohio police and fire pension fund, state teachers 10,240
retirement system, or state highway patrol retirement system, the 10,242
retirant's prior contributions as an other system retirant under 10,244
this section shall be included in the retirant's total service 10,245
credit as a school employees retirement system member, and the 10,247
retirant shall forfeit all rights and benefits of this section. 10,249
Not more than one year of credit may be given for any period of 10,250
twelve months.
(H) An SERS retirant or other system retirant employed 10,252
225
under this section may designate one or more persons as 10,253
beneficiary to receive any benefits payable under this section 10,254
due to death. The designation shall be in writing duly executed 10,256
on a form provided by the school employees retirement board, 10,257
signed by the SERS retirant or other system retirant, and filed 10,258
with the board prior to death. The last designation of a 10,259
beneficiary revokes all previous designations. The SERSretirant's or other system retirant's marriage, divorce, marriage 10,260
dissolution, legal separation, withdrawal of account, birth of 10,261
the retirant's child, or adoption of a child revokes all previous 10,263
designations. If there is no designated beneficiary, the 10,264
beneficiary is the beneficiary designated under division (D) of 10,265
section 3309.44 of the Revised Code. If any benefit payable 10,266
under this section due to the death of an SERS retirant or other 10,267
system retirant is not claimed by a beneficiary within five years 10,268
after the death, the amount payable shall be transferred to the 10,269
guarantee fund and thereafter paid to the beneficiary or the 10,270
estate of the SERS retirant or other system retirant on 10,271
application to the board. 10,272
(I)(G) This section does not affect the receipt of 10,274
benefits by or eligibility for benefits of any person who on 10,275
August 29, 1976, was receiving a disability benefit or service 10,276
retirement pension or allowance from a state or municipal 10,277
retirement system in Ohio and was a member of any other state or 10,278
municipal retirement system of this state. 10,279
(J)(H) The school employees retirement board may adopt 10,281
rules to carry out this section. 10,282
Sec. 3309.343. (A) As used in this section: 10,291
(1) In addition to the meaning in section 3309.01 of the 10,293
Revised Code, when appropriate "compensation" has the same 10,294
meaning as in section 3307.01 of the Revised Code. 10,295
(2) "Earnable salary" has the same meaning as in section 10,297
145.01 of the Revised Code. 10,298
(3) "SERS position" means a position for which a member of 10,300
226
the school employees retirement system is making contributions to 10,301
the system. 10,302
(4) "Other state retirement system" means the public 10,304
employees retirement system or the state teachers retirement 10,305
system.
(5) "State retirement system" means the public employees 10,307
retirement system, state teachers retirement system, or the 10,308
school employees retirement system. 10,309
(B)(1) A member of the school employees retirement system 10,311
who holds two or more SERS positions may retire under section 10,312
3309.35, 3309.36, 3309.38, or 3309.46 of the Revised Code from 10,313
the position for which the annual compensation at the time of 10,315
retirement is highest and continue to contribute to the 10,317
retirement system for the other SERS position or positions. 10,318
(2) A member of the school employees retirement system who 10,320
also holds one or more other positions covered by the other state 10,321
retirement systems may retire under section 3309.35, 3309.36, 10,322
3309.38, or 3309.46 of the Revised Code from the SERS position 10,323
and continue contributing to the other state retirement systems 10,325
if the annual compensation for the SERS position at the time of 10,326
retirement is greater than annual compensation or earnable salary 10,328
for the position, or any of the positions, covered by the other 10,329
state retirement systems. 10,330
(3) A member of the school employees retirement system who 10,332
holds two or more SERS positions and at least one other position 10,333
covered by one of the other state retirement systems may retire 10,334
under section 3309.35, 3309.36, 3309.38, or 3309.46 of the 10,335
Revised Code from one of the SERS positions and continue 10,336
contributing to the school employees retirement system and the 10,337
other state retirement system if the annual compensation for the 10,339
SERS position from which the member is retiring is, at the time 10,340
of retirement, greater than the annual compensation or earnable 10,341
salary for any of the positions for which the member is 10,342
continuing to make contributions. 10,343
227
(4) A member of the school employees retirement system who 10,345
has retired as provided in division (B)(2) or (3) of section 10,346
145.383 or division (B)(2) or (3) of section 3307.351 of the 10,347
Revised Code may continue to contribute to the school employees 10,349
retirement system for an SERS position if the member held the 10,350
position at the time of retirement from the other state 10,351
retirement system.
(5) A member who contributes to the school employees 10,353
retirement system in accordance with division (B)(1), (3), or (4) 10,354
of this section shall contribute in accordance with section 10,355
3309.47 of the Revised Code. The member's employer shall 10,356
contribute as provided in section 3309.49 of the Revised Code. 10,357
Neither the member nor the member's survivors are eligible for 10,358
any benefits based on those contributions other than those 10,359
provided under this section or section 145.383 145.384, 3307.352, 10,361
or 3307.351 3309.344 of the Revised Code. 10,362
(C)(1) In determining retirement eligibility and the 10,364
annual retirement allowance of a member who retires as provided 10,365
in division (B)(1), (2), or (3) of this section, the following 10,366
shall be used to the date of retirement: 10,367
(a) The member's earnable salary and compensation for all 10,369
positions covered by a state retirement system; 10,370
(b) Total service credit in any state retirement system, 10,372
except that the credit shall not exceed one year of credit for 10,373
any period of twelve months; 10,374
(c) All THE MEMBER'S ACCUMULATED contributions, including 10,376
amounts paid to purchase service credit and amounts paid to 10,378
restore service credit under sections 145.311, 3307.711, and 10,379
3309.261 of the Revised Code. 10,380
(2) A member who retires as provided in division (B)(1), 10,382
(2), or (3) of this section is a retirant for all purposes of 10,383
this chapter, except that the member is not subject to section 10,384
3309.341 of the Revised Code for a position or positions for 10,385
which contributions continue under those divisions or division 10,386
228
(B)(4) of this section. 10,387
(D) On retirement from a position for which contributions 10,389
were made under division (B)(1), (3), or (4) of this section, the 10,390
retired member is eligible for a benefit consisting of a single 10,391
life annuity having a reserve equal to the amount of the retired 10,393
member's accumulated contributions under division (B)(1), (3), or 10,394
(4) of this section plus an equal amount of the employer's 10,395
contributions plus interest credited to the date of retirement at 10,396
the rate provided in division (I)(2) of section 3309.01 of the 10,397
Revised Code. The retired member shall elect either to receive 10,398
the benefit as a monthly annuity for life or a lump-sum payment 10,399
discounted to the present value using the current actuarial 10,401
assumption rate of interest, except that if the annuity would be 10,402
less than twenty-five dollars per month, the retired member shall 10,403
receive a lump-sum payment.
A benefit payable under this division commences on the 10,405
later of the first day of the first month following the last day 10,407
for which the retired member contributed under division (B)(1), 10,408
(3), or (4) of this section or attainment by the retired member 10,409
of age sixty-five.
A retired member receiving a benefit under this division 10,411
SECTION 3309.344 OF THE REVISED CODE BASED ON EMPLOYMENT SUBJECT 10,412
TO THIS SECTION is not a member of the school employees 10,413
retirement system and does not have any rights, privileges, or 10,414
obligations of membership. No amounts received under this 10,415
division shall be included in determining an increase under 10,416
section 3309.374 of the Revised Code or any other post-retirement 10,418
benefit increase. The retired member is an SERS retirant for 10,420
purposes of section 3309.341 of the Revised Code. 10,421
(E) If a member contributing toward a benefit under 10,423
division (D) of this section dies before receiving the benefit, a 10,425
lump sum calculated in accordance with that division shall be 10,426
paid to the beneficiary designated under division (F) of this 10,428
section.
229
If a retired member receiving a monthly annuity under 10,430
division (D) of this section dies before receiving an amount 10,431
equal to the lump-sum payment that would be paid under that 10,432
division, the difference between the amount received and the 10,433
amount that would have been paid as a lump-sum payment shall be 10,434
paid to the beneficiary designated under division (F) of this 10,435
section.
(F) A retired member may designate one or more persons as 10,437
beneficiary to receive any benefits payable under division (E) of 10,438
this section due to death. The designation shall be in writing 10,439
duly executed on a form provided by the school employees 10,441
retirement system, signed by the retired member and filed with 10,442
the board prior to death. The last designation of the 10,443
beneficiary revokes all previous designations. The retired 10,444
member's marriage, divorce, marriage termination, legal 10,445
separation, or birth or adoption of a child revokes all previous 10,446
designations. If there is no designated beneficiary, the 10,447
beneficiary is the beneficiary determined under division (D) of 10,448
section 3309.44 of the Revised Code. If any benefit payable 10,450
under this section due to the death of a retired member is not 10,451
claimed by a beneficiary within five years after death, the 10,452
amount payable shall be transferred to the guarantee fund and 10,453
thereafter paid to the beneficiary or the estate of the retired 10,454
member on application to the system.
(G) The school employees retirement board may adopt rules 10,456
to carry out this section. 10,457
Sec. 3309.344. FOR PURPOSES OF THIS SECTION, "SERS 10,459
RETIRANT" INCLUDES A MEMBER WHO RETIRED UNDER SECTION 3309.343 OF 10,460
THE REVISED CODE.
(A) AN SERS RETIRANT OR OTHER SYSTEM RETIRANT WHO HAS MADE 10,463
CONTRIBUTIONS UNDER SECTION 3309.341 OR 3309.343 OF THE REVISED
CODE MAY FILE AN APPLICATION WITH THE SCHOOL EMPLOYEES RETIREMENT 10,465
SYSTEM FOR A BENEFIT UNDER THIS SECTION. THE BENEFIT SHALL 10,466
CONSIST OF A SINGLE LIFE ANNUITY HAVING A RESERVE EQUAL TO THE 10,468
230
AMOUNT OF THE RETIRANT'S ACCUMULATED CONTRIBUTIONS FOR THE PERIOD 10,470
OF EMPLOYMENT, OTHER THAN THE CONTRIBUTIONS EXCLUDED PURSUANT TO 10,471
DIVISION (C) OF SECTION 3309.341 OF THE REVISED CODE, AND AN
EQUAL AMOUNT OF THE EMPLOYER'S CONTRIBUTIONS, PLUS INTEREST 10,473
CREDITED TO THE DATE OF RETIREMENT AT THE RATE PROVIDED IN 10,474
DIVISION (I)(2) OF SECTION 3309.01 OF THE REVISED CODE. THE SERS 10,475
RETIRANT OR OTHER SYSTEM RETIRANT SHALL ELECT EITHER TO RECEIVE 10,476
THE BENEFIT AS A MONTHLY ANNUITY FOR LIFE OR A LUMP SUM PAYMENT 10,477
DISCOUNTED TO THE PRESENT VALUE USING THE CURRENT ACTUARIAL 10,478
ASSUMPTION RATE OF INTEREST, EXCEPT THAT IF THE MONTHLY ANNUITY 10,479
WOULD BE LESS THAN TWENTY-FIVE DOLLARS PER MONTH, THE RETIRANT 10,481
SHALL RECEIVE A LUMP SUM PAYMENT.
(B) A BENEFIT PAYABLE UNDER THIS SECTION SHALL COMMENCE ON 10,484
THE FIRST DAY OF THE MONTH AFTER THE LATEST OF THE FOLLOWING:
(1) THE LAST DAY FOR WHICH COMPENSATION FOR ALL EMPLOYMENT 10,486
SUBJECT TO SECTIONS 3309.341 AND 3309.343 OF THE REVISED CODE WAS 10,487
PAID;
(2) ATTAINMENT BY THE SERS RETIRANT OR OTHER SYSTEM 10,489
RETIRANT OF AGE SIXTY-FIVE; 10,490
(3) IF THE SERS RETIRANT OR OTHER SYSTEM RETIRANT WAS 10,492
PREVIOUSLY EMPLOYED UNDER SECTION 3309.341 OR 3309.343 OF THE 10,493
REVISED CODE AND IS RECEIVING OR PREVIOUSLY RECEIVED A BENEFIT 10,494
UNDER THIS SECTION, COMPLETION OF A PERIOD OF TWELVE MONTHS SINCE 10,495
THE EFFECTIVE DATE OF THAT BENEFIT. 10,496
(C)(1) IF AN SERS RETIRANT OR OTHER SYSTEM RETIRANT DIES 10,499
WHILE EMPLOYED IN EMPLOYMENT SUBJECT TO SECTION 3309.341 OR
3309.343 OF THE REVISED CODE, A LUMP SUM PAYMENT CALCULATED IN 10,501
ACCORDANCE WITH DIVISION (A) OF THIS SECTION SHALL BE PAID TO THE 10,502
BENEFICIARY UNDER DIVISION (D) OF THIS SECTION. 10,503
(2) IF AT THE TIME OF DEATH AN SERS RETIRANT OR OTHER 10,505
SYSTEM RETIRANT RECEIVING A MONTHLY ANNUITY HAS RECEIVED LESS 10,506
THAN THE RETIRANT WOULD HAVE RECEIVED AS A LUMP SUM PAYMENT, THE 10,508
DIFFERENCE BETWEEN THE AMOUNT RECEIVED AND THE AMOUNT THAT WOULD 10,509
HAVE BEEN RECEIVED AS A LUMP SUM PAYMENT SHALL BE PAID TO THE
231
RETIRANT'S BENEFICIARY UNDER DIVISION (D) OF THIS SECTION. 10,510
(D) AN SERS RETIRANT OR OTHER SYSTEM RETIRANT EMPLOYED 10,512
UNDER SECTION 3309.341 OR 3309.343 OF THE REVISED CODE MAY 10,513
DESIGNATE ONE OR MORE PERSONS AS BENEFICIARY TO RECEIVE ANY 10,514
BENEFITS PAYABLE UNDER THIS SECTION DUE TO DEATH. THE 10,515
DESIGNATION SHALL BE IN WRITING DULY EXECUTED ON A FORM PROVIDED 10,516
BY THE SCHOOL EMPLOYEES RETIREMENT BOARD, SIGNED BY THE SERS 10,517
RETIRANT OR OTHER SYSTEM RETIRANT, AND FILED WITH THE BOARD PRIOR 10,518
TO DEATH. THE LAST DESIGNATION OF A BENEFICIARY REVOKES ALL 10,519
PREVIOUS DESIGNATIONS. THE SERS RETIRANT'S OR OTHER SYSTEM 10,520
RETIRANT'S MARRIAGE, DIVORCE, MARRIAGE DISSOLUTION, LEGAL 10,521
SEPARATION, WITHDRAWAL OF ACCOUNT, BIRTH OF THE RETIRANT'S CHILD, 10,522
OR ADOPTION OF A CHILD REVOKES ALL PREVIOUS DESIGNATIONS. IF 10,524
THERE IS NO DESIGNATED BENEFICIARY, THE BENEFICIARY IS THE 10,525
BENEFICIARY DESIGNATED UNDER DIVISION (D) OF SECTION 3309.44 OF 10,526
THE REVISED CODE. IF ANY BENEFIT PAYABLE UNDER THIS SECTION DUE 10,527
TO THE DEATH OF AN SERS RETIRANT OR OTHER SYSTEM RETIRANT IS NOT 10,528
CLAIMED BY A BENEFICIARY WITHIN FIVE YEARS AFTER THE DEATH, THE 10,529
AMOUNT PAYABLE SHALL BE TRANSFERRED TO THE GUARANTEE FUND AND 10,530
THEREAFTER PAID TO THE BENEFICIARY OR THE ESTATE OF THE SERS 10,531
RETIRANT OR OTHER SYSTEM RETIRANT ON APPLICATION TO THE BOARD. 10,532
(E) NO AMOUNT RECEIVED UNDER THIS SECTION SHALL BE 10,534
INCLUDED IN DETERMINING AN ADDITIONAL BENEFIT UNDER SECTION 10,535
3309.374 OF THE REVISED CODE OR ANY OTHER POST-RETIREMENT BENEFIT 10,536
INCREASES.
Sec. 3309.35. (A) As used in this section: 10,545
(1) "State retirement system" means the public employees 10,547
retirement system, state teachers retirement system, or school 10,548
employees retirement system. 10,549
(2) "Total service credit" means all service credit earned 10,551
in all state retirement systems, except credit for service 10,552
subject to section 3309.341 of the Revised Code. Total service 10,553
credit shall not exceed one year of credit for any twelve-month 10,554
period. 10,555
232
(3) In addition to the meaning given in division (O) of 10,557
section 3309.01 of the Revised Code, "disability benefit" means 10,558
"disability benefit" as defined in sections 145.01 and 3307.01 of 10,559
the Revised Code. 10,560
(B) To coordinate and integrate membership in the state 10,562
retirement systems, at the option of a member, total 10,564
contributions and service credit in all state retirement systems, 10,565
including amounts paid to restore service credit under sections 10,566
145.311, 3307.711, and 3309.261 of the Revised Code, shall be 10,567
used in determining the eligibility and total retirement or 10,568
disability benefit payable. When total contributions and service 10,569
credit are so combined, the following provisions apply: 10,570
(1) Service and commuted service retirement or a 10,572
disability benefit is effective no sooner than the first day of 10,573
the month next following the last day of employment for which 10,574
compensation was paid. If the application is filed after that 10,575
date, the board may retire the member on the first day of the 10,576
month next following the last day of employment for which 10,577
compensation was paid. 10,578
(2) In determining eligibility for a disability benefit, 10,580
the medical examiner's report to the retirement board of any 10,581
state retirement system, showing that the member's disability 10,582
incapacitates the member for the performance of duty, may be 10,583
accepted by the state retirement boards as sufficient for 10,585
granting a disability benefit. 10,586
(3) The state retirement system in which the member had 10,588
the greatest service credit, without adjustment, shall determine 10,589
and pay the total retirement or disability benefit. Where the 10,590
member's credit is equal in two or more state retirement systems, 10,592
the system having the largest total contributions of the member 10,593
shall determine and pay the total benefit. 10,594
(4) In determining the total credit to be used in 10,596
calculating a retirement allowance or disability benefit, credit 10,597
shall not be reduced below that certified by the system or 10,598
233
systems transferring credit, except that such total combined 10,599
service credit shall not exceed one year of credit for any one 10,600
"year" as defined in the law of the system making the 10,601
calculation. 10,602
(5) The state retirement system determining and paying a 10,604
retirement or disability benefit shall receive from the other 10,605
system or systems the member's refundable account at retirement 10,606
or the effective date of a disability benefit plus an amount from 10,608
the employers' trust fund equal to the member's refundable
account less the interest credited under section 145.471, 10,609
145.472, or 3307.563 of the Revised Code. IF APPLICABLE, THE 10,610
RETIREMENT SYSTEM DETERMINING AND PAYING THE BENEFIT SHALL 10,612
RECEIVE FROM THE PUBLIC EMPLOYEES RETIREMENT SYSTEM A PORTION OF
THE AMOUNT PAID ON BEHALF OF THE MEMBER BY AN EMPLOYER UNDER 10,614
SECTION 145.483 OF THE REVISED CODE. THE PORTION SHALL EQUAL THE 10,616
PRODUCT OBTAINED BY MULTIPLYING BY TWO THE AMOUNT THE MEMBER 10,617
WOULD HAVE CONTRIBUTED DURING THE PERIOD THE EMPLOYER FAILED TO 10,619
DEDUCT CONTRIBUTIONS, AS DESCRIBED IN SECTION 145.483 OF THE 10,620
REVISED CODE.
(a) The annuity rates and mortality tables of the state 10,622
retirement system making the calculation and paying the benefit 10,623
shall be exclusively applicable. 10,624
(b) Deposits made for the purchase of an additional 10,626
annuity, and including guaranteed interest, upon the request of 10,627
the member, shall be transferred to the state retirement system 10,628
paying the retirement or disability benefit. The return upon 10,629
such deposits shall be that offered by the state retirement 10,630
system making the calculation and paying the retirement or 10,631
disability benefit. 10,632
(C) A former member receiving a retirement or disability 10,634
benefit under this section, who accepts employment amenable to 10,635
coverage in any state retirement system that participated in the 10,636
member's combined benefit, shall be subject to the applicable 10,638
provisions of law governing such re-employment. If a former 10,640
234
member should be paid any amount in a retirement allowance, to 10,641
which the former member is not entitled under the applicable 10,642
provisions of law governing such re-employment, such amount shall 10,643
be recovered by the state retirement system paying such allowance 10,644
by utilizing any recovery procedure available under the code 10,645
provisions of the state retirement system covering such 10,646
re-employment. 10,647
(D) An SERS retirant or other system retirant, as defined 10,649
in section 3309.341 of the Revised Code, is not eligible to 10,650
receive any benefit under this section for service subject to 10,651
section 3309.341 of the Revised Code. 10,652
Sec. 3309.42. (A) Subject to sections 3309.43 and 3309.67 10,662
of the Revised Code AND EXCEPT AS PROVIDED IN DIVISION (B) OF 10,663
THIS SECTION, a member who elects to become exempt from
contribution to the school employees retirement system pursuant 10,665
to section 3309.23 of the Revised Code, or ceases to be an 10,666
employee for any cause other than death, retirement, receipt of a 10,667
disability benefit, or election of CURRENT EMPLOYMENT IN A 10,668
POSITION IN WHICH THE MEMBER HAS ELECTED TO PARTICIPATE IN an 10,669
alternative retirement plan pursuant to section 3305.05 of the 10,671
Revised Code, shall be paid the accumulated contributions 10,672
standing to the credit of the member's individual account in the 10,673
employees' savings fund upon application and subject to such 10,675
rules as are established by the school employees retirement board 10,676
and provided three months have elapsed since employment, other 10,677
than employment exempt from contribution under division (C) of 10,678
section 3309.23 of the Revised Code, ceased. The payment of such 10,679
accumulated contributions shall cancel the total service credit 10,680
in the school employees retirement system. 10,681
(B) This division applies to any member who IS EMPLOYED IN 10,683
A POSITION IN WHICH THE MEMBER HAS ELECTED UNDER SECTION 3305.05 10,684
OF THE REVISED CODE TO PARTICIPATE IN AN ALTERNATIVE RETIREMENT 10,685
PLAN AND DUE TO THE ELECTION ceases to be an employee by electing 10,687
an alternative retirement plan under section 3305.05 of the 10,689
235
Revised Code and is not otherwise employed as an employee in a 10,690
position to which that election does not apply. For purposes of 10,691
this division, "continuously employed" has the same meaning as in 10,692
section 3305.01 of the Revised Code.
(1) Subject to sections 3309.43 and 3309.67 of the Revised 10,694
Code, upon application of any member to whom this division 10,696
applies who is continuously employed, the school employees 10,697
retirement board shall pay, in accordance with rules it shall
adopt, the accumulated contributions standing to the credit of 10,698
the member's individual account in the employees' savings fund to 10,699
the entity providing the alternative retirement plan for 10,700
application to that plan in accordance with any contract the 10,701
member has entered into for purposes of that plan POSITION. 10,702
(2) Subject to sections 3309.43 and 3309.67 of the Revised 10,704
Code, upon application of any member to whom this division 10,706
applies who has ceased to be continuously employed, the school 10,707
employees retirement board shall SYSTEM SHALL DO THE FOLLOWING: 10,708
(1) ON RECEIPT OF AN ELECTION UNDER SECTION 3305.05 OF THE 10,710
REVISED CODE, pay, in accordance with rules it shall adopt, the 10,711
accumulated contributions standing to the credit of the member's 10,713
individual account in the employees' savings fund to the entity 10,714
providing the alternative retirement plan for application to that 10,716
plan in accordance with any contract the member has entered into
for purposes of that plan, provided that both of the following 10,717
apply:
(a) At least three months have elapsed since the date on 10,719
which the member ceased to be continuously employed; 10,720
(b) The member has not been employed as an employee during 10,722
that three-month period. 10,723
(3) The payment SECTION 3305.051 OF THE REVISED CODE, THE 10,726
AMOUNT DESCRIBED IN THAT SECTION TO THE APPROPRIATE PROVIDER; 10,727
(2) IF A MEMBER HAS ACCUMULATED CONTRIBUTIONS, IN ADDITION 10,729
TO THOSE SUBJECT TO DIVISION (B)(1) OF THIS SECTION, STANDING TO 10,730
THE CREDIT OF THE MEMBER'S INDIVIDUAL ACCOUNT AND IS NOT 10,731
236
OTHERWISE IN A POSITION IN WHICH THE MEMBER IS CONSIDERED AN 10,732
EMPLOYEE FOR THE PURPOSES OF THAT POSITION, PAY, TO THE PROVIDER 10,733
THE MEMBER SELECTED PURSUANT TO SECTION 3305.05 OF THE REVISED 10,735
CODE, THE ACCUMULATED CONTRIBUTIONS STANDING TO THE CREDIT OF THE
MEMBER'S INDIVIDUAL ACCOUNT IN THE EMPLOYEES' SAVING FUND. THE 10,737
PAYMENT SHALL BE MADE ON THE MEMBER'S APPLICATION. 10,738
(C) PAYMENT of a member's accumulated contributions under 10,740
this division SECTION cancels the member's total service credit 10,741
in the school employees retirement system. A MEMBER WHOSE 10,743
ACCUMULATED CONTRIBUTIONS ARE PAID TO A PROVIDER PURSUANT TO 10,744
DIVISION (B) OF THIS SECTION IS FOREVER BARRED FROM CLAIMING OR 10,745
PURCHASING SERVICE CREDIT UNDER THE SCHOOL EMPLOYEES RETIREMENT 10,746
SYSTEM FOR THE PERIOD OF EMPLOYMENT ATTRIBUTABLE TO THOSE
CONTRIBUTIONS. 10,747
Sec. 3309.44. (A) As used in this section and in section 10,756
3309.45 of the Revised Code: 10,757
(1) "Child" means a biological or legally adopted child of 10,760
a deceased member. If a court hearing for an interlocutory 10,761
decree for adoption was held prior to the member's death, "child" 10,762
includes the child who was the subject of the hearing
notwithstanding the fact that the final decree of adoption, 10,763
adjudging the surviving spouse as the adoptive parent, is made 10,764
subsequent to the member's death. 10,765
(2) "Parent" is a parent or legally adoptive parent of a 10,768
deceased member. 10,769
(3) "Dependent" means a beneficiary who receives one-half 10,771
of the beneficiary's support from a member during the twelve 10,772
months prior to the member's death. 10,773
(4) "Surviving spouse" means an individual who establishes 10,776
a valid marriage to a member at the time of the member's death by 10,777
marriage certificate or pursuant to division (E) of this section. 10,778
(5) "Survivor" means a surviving spouse, child, or parent. 10,781
(B) Except as provided in division (C)(1) of section 10,784
3309.45 of the Revised Code, should a member die before service 10,785
237
or commuted service retirement, the member's accumulated 10,786
contributions and any amounts owed and unpaid to a disability 10,787
benefit recipient shall be paid to such beneficiaries as the 10,788
member has designated in writing on a form provided by the school 10,790
employees retirement board, signed by the member and filed with 10,791
the board prior to death. The last designation of any 10,792
beneficiary revokes all previous designations. The member's 10,793
marriage, divorce, legal dissolution, legal separation, or 10,794
withdrawal of account, or the birth of the member's child, or the 10,796
member's adoption of a child, constitutes an automatic revocation 10,797
of the member's last designation. If a deceased member was also 10,798
a member of the public employees retirement system or the state 10,799
teachers retirement system, the beneficiary last established 10,800
among the systems shall be the sole beneficiary in all the 10,801
systems.
If the accumulated contributions of a deceased member are 10,803
not claimed by a beneficiary, or by the estate of the deceased 10,804
member, within ten years, they shall be transferred to the 10,805
guarantee fund and thereafter paid to such beneficiary or to the 10,806
member's estate upon application to the board. The board shall 10,807
formulate and adopt rules governing all designations of 10,808
beneficiaries. 10,809
(C) Except as provided in division (C)(1) of section 10,811
3309.45 of the Revised Code, if a member dies before service or 10,813
commuted service retirement and is not survived by a designated 10,814
beneficiary, any beneficiaries shall qualify, in the following 10,817
order of precedence, with all attendant rights and privileges: 10,818
(1) Surviving spouse; 10,820
(2) Children share and share alike; 10,822
(3) A dependent parent who is age sixty-five or older, if 10,825
that parent takes survivor benefits under division (B) of section 10,826
3309.45 of the Revised Code; 10,828
(4) Parents, share and share alike; 10,830
(5) Estate. 10,832
238
Any payment made to a beneficiary as determined by the 10,834
school employees retirement board shall be a full discharge and 10,835
release to the board from any future claims. 10,836
(D) Any amount due any person, as an annuitant receiving a 10,838
monthly service or commuted service retirement allowance or 10,839
benefit, and unpaid to the annuitant at death, shall be paid to 10,841
the beneficiary designated in writing on a form provided by the 10,842
retirement board, signed by the annuitant and filed with the
board. If no such designation has been filed, or if the 10,843
designated beneficiary is deceased or is not located within 10,844
ninety days, such amount shall be paid, except as otherwise 10,845
provided in section 3309.45 of the Revised Code, in the following 10,846
order of precedence to the annuitant's: 10,847
(1) Surviving spouse; 10,849
(2) Children, share and share alike; 10,851
(3) Parents, share and share alike; 10,853
(4) Estate. 10,855
For the purpose of this division, an "annuitant" is the 10,858
last person who received a monthly allowance or benefit pursuant 10,859
to the plan of payment selected by the retirant or designated by 10,860
this chapter. Such payment shall be a full discharge and release 10,862
to the board from any future claim for such payment. 10,863
(E) If the validity of marriage cannot be established to 10,865
the satisfaction of the retirement board for the purpose of 10,866
disbursing any amount due under this section or section 3309.45 10,867
of the Revised Code, the retirement board may accept a decision 10,868
rendered by a court having jurisdiction in the state in which the 10,869
member was domiciled at the time of death that the relationship 10,870
constituted a valid marriage at the time of death, or the 10,871
"spouse" would have the same status as a widow or widower for 10,872
purposes of sharing in the distribution of the member's intestate 10,873
personal property. 10,874
(F) AS USED IN THIS DIVISION, "RECIPIENT" MEANS AN 10,876
INDIVIDUAL WHO IS RECEIVING OR MAY BE ELIGIBLE TO RECEIVE AN 10,877
239
ALLOWANCE OR BENEFIT UNDER THIS CHAPTER BASED ON THE INDIVIDUAL'S 10,878
SERVICE TO AN EMPLOYER.
If the death of a member, A RECIPIENT, OR ANY INDIVIDUAL 10,880
WHO WOULD BE ELIGIBLE TO RECEIVE AN ALLOWANCE OR BENEFIT UNDER 10,882
THIS CHAPTER BY VIRTUE OF THE DEATH OF A MEMBER OR RECIPIENT is 10,884
caused by one of the following beneficiaries, no amount due under 10,885
this chapter to the beneficiary shall be paid to the beneficiary 10,886
in the absence of a court order to the contrary filed with the 10,887
retirement board:
(1) A beneficiary who is convicted of, pleads guilty to, 10,889
or is found not guilty by reason of insanity of a violation of or 10,891
complicity in the violation of either of the following: 10,892
(a) Section 2903.01, 2903.02, or 2903.03 of the Revised 10,895
Code;
(b) An existing or former law of any other state, the 10,898
United States, or a foreign nation that is substantially 10,900
equivalent to section 2903.01, 2903.02, or 2903.03 of the Revised 10,902
Code; 10,903
(2) A beneficiary who is indicted for a violation of or 10,905
complicity in the violation of the sections or laws described in 10,906
division (F)(1)(a) or (b) of this section and is adjudicated 10,908
incompetent to stand trial;
(3) A beneficiary who is a juvenile found to be a 10,910
delinquent child by reason of committing an act that, if 10,911
committed by an adult, would be a violation of or complicity in 10,912
the violation of the sections or laws described in division 10,914
(F)(1)(a) or (b) of this section. 10,915
Sec. 3309.46. (A) The retirement allowance calculated 10,924
under section 3309.36, 3309.38, or 3309.381 of the Revised Code 10,925
shall be paid as provided in this section. If the member is 10,926
eligible to elect a plan of payment under this section, the 10,927
election shall be made on the application for retirement. A plan 10,930
of payment elected under this section shall be effective only if 10,931
it is certified by the actuary engaged by the school employees 10,932
240
retirement board to be the actuarial equivalent of the member's 10,934
retirement allowance and is approved by the retirement board. 10,935
(B)(1) Unless the member is eligible to elect another plan 10,937
of payment, a member who retires under section 3309.36, 3309.38, 10,938
or 3309.381 of the Revised Code shall receive a retirement 10,939
allowance under "plan A," which shall consist of the actuarial 10,940
equivalent of the member's retirement allowance determined under 10,942
section 3309.36, 3309.38, or 3309.381 of the Revised Code in a 10,943
lesser amount payable for life and one-half of such allowance 10,944
continuing after death to the member's surviving spouse for the 10,946
life of the spouse. 10,947
A member may elect to receive a retirement allowance under 10,950
a plan of payment other than "plan A" if the member is not
married or either the member's spouse consents in writing to the 10,951
member's election to a plan of payment other than "plan A" or the 10,953
board waives the requirement that the spouse consent.
An application for retirement shall include an explanation 10,955
of all of the following: 10,956
(a) That, if the member is married, unless the spouse 10,959
consents to another plan of payment, the member's retirement 10,960
allowance will be paid under "plan A," which consists of the 10,961
actuarial equivalent of the member's retirement allowance in a 10,962
lesser amount payable for life and one-half of the allowance 10,963
continuing after death to the surviving spouse for the life of 10,964
the spouse; 10,965
(b) A description of the alternative plans of payment 10,968
available with the consent of the spouse;
(c) That the spouse may consent to another plan of payment 10,971
and the procedure for giving consent;
(d) That consent is irrevocable once notice of consent is 10,973
filed with the board. 10,974
Consent shall be valid only if it is in writing, signed by 10,977
the spouse, and witnessed by an employee of the school employees 10,978
retirement system or a notary public. The board may waive the 10,979
241
requirement of consent if the spouse is incapacitated or cannot 10,980
be located or for any other reason specified by the board. 10,981
Consent or waiver is effective only with regard to the spouse who 10,984
is the subject of the consent or waiver. 10,985
(2) A member eligible to elect to receive a retirement 10,987
allowance under a plan of payment other than "plan A" shall 10,988
receive the retirement allowance under one of the following plans 10,990
elected at the time the member makes application for retirement: 10,992
(a) "Plan B," which shall consist of an allowance 10,994
determined under section 3309.36, 3309.38, or 3309.381 of the 10,995
Revised Code; 10,996
(b) "Plan C," which shall consist of the actuarial 10,998
equivalent of the member's retirement allowance determined under 10,999
section 3309.36, 3309.38, or 3309.381 of the Revised Code in a 11,000
lesser amount payable for life and one-half or some other portion 11,002
of the allowance continuing after death to the member's sole 11,003
surviving beneficiary designated at the time of the member's 11,004
retirement, provided that the amount payable to the beneficiary 11,005
does not exceed the amount payable to the member; 11,006
(c) "Plan D," which shall consist of the actuarial 11,008
equivalent of the member's retirement allowance determined under 11,009
section 3309.36, 3309.38, or 3309.381 of the Revised Code in a 11,010
lesser amount payable for life and continuing after death to a 11,013
surviving designated beneficiary designated at the time of the 11,014
member's retirement;
(d) "Plan E," which shall consist of the actuarial 11,016
equivalent of the member's retirement allowance determined under 11,017
section 3309.36, 3309.38, or 3309.381 of the Revised Code in a 11,018
lesser amount payable for a certain period from the member's 11,019
retirement date as elected by the member and approved by the 11,020
retirement board, and on the member's death before the expiration 11,022
of that certain period, the member's lesser retirement allowance 11,024
continued for the remainder of that period to, and in such order, 11,026
the beneficiaries as the member has nominated by written 11,027
242
designation and filed with the retirement board. 11,029
Monthly benefits shall not be paid to joint beneficiaries, 11,031
but they may receive the present value of any remaining payments 11,032
in a lump sum settlement. If all beneficiaries die before the 11,033
expiration of the certain period, the present value of all such 11,034
payments yet remaining in such period shall be paid to the estate 11,035
of the beneficiary last receiving. 11,036
(3) A member eligible to elect to receive a retirement 11,038
allowance under a plan of payment other than "plan A" because the 11,039
member is unmarried who fails to make an election on retirement 11,041
shall receive a retirement allowance under "plan B." 11,042
(C) Until the first payment of any retirement allowance is 11,044
made, as provided in sections 3309.36, 3309.38, or 3309.381 of 11,045
the Revised Code, a member may change the member's election of a 11,047
payment plan if the election is made in accordance with and is 11,048
consistent with division (B) of this section. 11,049
(D) If the retirement allowances due and paid under the 11,051
above provisions of this section are in a total amount less than 11,052
(1) the accumulated contributions, (2) the deposits for 11,053
additional credit as provided by section 3309.31 of the Revised 11,054
Code, (3) the deposits for additional annuities as provided by 11,055
section 3309.47 of the Revised Code, (4) the deposits for 11,056
repurchase of service credit as provided by section 3309.26 of 11,057
the Revised Code, (5) the accumulated contributions provided by 11,058
section 3309.65 of the Revised Code, (6) the deposits for 11,059
purchase of military service credit provided by section 3309.021 11,060
or 3309.022 of the Revised Code, and (7) the deposits for the 11,062
purchase of service credit provided by section 3309.351 3309.73 11,063
of the Revised Code, standing to the credit of the member at the 11,065
time of retirement, then the difference between the total amount 11,066
of the allowances paid and the accumulated contributions and 11,067
other deposits shall be paid to the beneficiary provided under 11,068
division (D) of section 3309.44 of the Revised Code. 11,069
(E)(1) The death of a spouse or any other designated 11,071
243
beneficiary following the member's retirement shall cancel any 11,072
plan of payment to provide continuing lifetime benefits to the 11,073
spouse or designated beneficiary and the retirant shall receive 11,074
the retirant's single lifetime retirement allowance equivalent as 11,076
determined by the board. 11,077
(2) On divorce, annulment, or marriage dissolution, a 11,079
retirant receiving a retirement allowance under a plan of payment 11,080
that provides for continuation of all or part of the allowance 11,081
after death for the lifetime of the member's surviving spouse may 11,083
elect to cancel the plan and receive the member's single lifetime 11,085
retirement allowance equivalent as determined by the retirement 11,086
board, except that in the case of a member who retires on or 11,087
after July 24, 1990, the election may be made only with the 11,088
written consent of the spouse or pursuant to an order of the 11,089
court with jurisdiction over the termination of the marriage. The 11,091
election shall be made on a form provided by the board and shall 11,092
be effective the month following its receipt by the board.
(3) Following marriage or remarriage, a retirant who is 11,094
receiving a benefit pursuant to "plan B" may elect a new plan of 11,095
payment under division (B)(1), (2)(b), or (2)(c) of this section 11,096
based on the actuarial equivalent of the member's single lifetime 11,098
retirement allowance as determined by the board. The plan shall 11,099
become effective the first day of the month following receipt by 11,100
the board of an application on a form approved by the board. 11,101
Sec. 3309.66. The right of a person AN INDIVIDUAL to a 11,111
pension, an annuity, or a retirement allowance itself, THE RIGHT 11,113
OF AN INDIVIDUAL TO any optional benefit, any other right accrued 11,114
or accruing to any persons, INDIVIDUAL under sections 3309.01 to 11,115
3309.68 of the Revised Code THIS CHAPTER, or the various funds 11,117
created by section 3309.60 of the Revised Code, and all moneys 11,119
and, investments, and income thereof, FROM MONEYS AND INVESTMENTS 11,121
are exempt from any state tax, except the tax imposed by section 11,122
5747.02 of the Revised Code, and are exempt from any county, 11,123
municipal, or other local tax, except taxes imposed pursuant to
244
section 5748.02 or 5748.08 of the Revised Code, and, except as 11,126
provided in sections 3105.171, 3105.65, 3111.23, 3113.21, 11,128
3115.32, and 3309.67 of the Revised Code, shall not be subject to 11,129
execution, garnishment, attachment, the operation of bankruptcy 11,130
or insolvency laws, or any other process of law whatsoever, and 11,131
shall be unassignable except as specifically provided in THIS 11,134
CHAPTER OR sections 3105.171, 3105.65, 3111.23, 3113.21, and 11,136
3309.01 to 3309.68 3115.32 of the Revised Code. 11,137
Sec. 3309.671. (A) AS USED IN THIS SECTION, "ALTERNATE 11,139
PAYEE," "BENEFIT," "LUMP SUM PAYMENT," "PARTICIPANT," AND "PUBLIC 11,141
RETIREMENT PROGRAM" HAVE THE SAME MEANINGS AS IN SECTION 3105.80 11,142
OF THE REVISED CODE.
(B) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.171 11,144
OR 3105.65 OF THE REVISED CODE, THE SCHOOL EMPLOYEES RETIREMENT 11,145
SYSTEM SHALL DETERMINE WHETHER THE ORDER MEETS THE REQUIREMENTS 11,147
OF SECTIONS 3105.80 TO 3105.90 OF THE REVISED CODE. THE SYSTEM 11,148
SHALL RETAIN IN THE PARTICIPANT'S RECORD AN ORDER THE SYSTEM 11,149
DETERMINES MEETS THE REQUIREMENTS. NOT LATER THAN SIXTY DAYS 11,150
AFTER RECEIPT, THE SYSTEM SHALL RETURN TO THE COURT THAT ISSUED 11,151
THE ORDER ANY ORDER THE SYSTEM DETERMINES DOES NOT MEET THE 11,152
REQUIREMENTS.
(C) THE SYSTEM SHALL COMPLY WITH AN ORDER RETAINED UNDER 11,155
DIVISION (B) OF THIS SECTION AT THE FOLLOWING TIMES AS
APPROPRIATE: 11,156
(1) IF THE PARTICIPANT HAS APPLIED FOR OR IS RECEIVING A 11,158
BENEFIT OR HAS APPLIED FOR BUT NOT YET RECEIVED A LUMP SUM 11,159
PAYMENT, AS SOON AS PRACTICABLE; 11,160
(2) IF THE PARTICIPANT HAS NOT APPLIED FOR A BENEFIT OR 11,163
LUMP SUM PAYMENT, ON APPLICATION BY THE PARTICIPANT FOR A BENEFIT 11,164
OR LUMP SUM PAYMENT. 11,165
(D) IF THE SYSTEM TRANSFERS A PARTICIPANT'S SERVICE CREDIT 11,167
OR CONTRIBUTIONS MADE BY OR ON BEHALF OF A PARTICIPANT TO A 11,168
PUBLIC RETIREMENT PROGRAM THAT IS NOT NAMED IN THE ORDER, THE 11,169
SYSTEM SHALL DO BOTH OF THE FOLLOWING: 11,170
245
(1) NOTIFY THE COURT THAT ISSUED THE ORDER BY SENDING THE 11,173
COURT A COPY OF THE ORDER AND THE NAME AND ADDRESS OF THE PUBLIC 11,174
RETIREMENT PROGRAM TO WHICH THE TRANSFER WAS MADE. 11,175
(2) SEND A COPY OF THE ORDER TO THE PUBLIC RETIREMENT 11,177
PROGRAM TO WHICH THE TRANSFER WAS MADE. 11,178
(E) IF IT RECEIVES A PARTICIPANT'S SERVICE CREDIT OR 11,180
CONTRIBUTIONS AND A COPY OF AN ORDER AS PROVIDED IN DIVISION (D) 11,182
OF THIS SECTION, THE SYSTEM SHALL ADMINISTER THE ORDER AS IF IT 11,183
WERE THE PUBLIC RETIREMENT PROGRAM NAMED IN THE ORDER. 11,184
(F) IF A PARTICIPANT'S BENEFIT OR LUMP SUM PAYMENT IS OR 11,187
WILL BE SUBJECT TO MORE THAN ONE ORDER DESCRIBED IN SECTION 11,188
3105.81 OF THE REVISED CODE OR TO AN ORDER DESCRIBED IN SECTION 11,189
3105.81 OF THE REVISED CODE AND A WITHHOLDING ORDER UNDER SECTION 11,190
3111.23 OR 3113.21 OF THE REVISED CODE, THE SYSTEM SHALL, AFTER 11,193
DETERMINING THAT THE AMOUNTS THAT ARE OR WILL BE WITHHELD WILL 11,194
CAUSE THE BENEFIT OR LUMP SUM PAYMENT TO FALL BELOW THE LIMITS 11,195
DESCRIBED IN SECTION 3105.85 OF THE REVISED CODE, DO ALL OF THE 11,196
FOLLOWING: 11,197
(1) ESTABLISH, IN ACCORDANCE WITH DIVISION (G) OF THIS 11,199
SECTION AND SUBJECT TO THE LIMITS DESCRIBED IN SECTION 3105.85 OF 11,201
THE REVISED CODE, THE PRIORITY IN WHICH THE ORDERS ARE OR WILL BE 11,203
PAID BY THE SYSTEM;
(2) REDUCE THE AMOUNT PAID TO AN ALTERNATE PAYEE BASED ON 11,205
THE PRIORITY ESTABLISHED UNDER DIVISION (F)(1) OF THIS SECTION; 11,206
(3) NOTIFY, BY REGULAR MAIL, A PARTICIPANT AND ALTERNATE 11,209
PAYEE OF ANY ACTION TAKEN UNDER THIS DIVISION. 11,210
(G) A WITHHOLDING OR DEDUCTION NOTICE ISSUED UNDER SECTION 11,212
3111.23 OR 3113.21 OF THE REVISED CODE OR AN ORDER DESCRIBED IN 11,213
SECTION 3115.32 OF THE REVISED CODE HAS PRIORITY OVER ALL OTHER 11,214
ORDERS AND SHALL BE COMPLIED WITH IN ACCORDANCE WITH CHILD 11,215
SUPPORT ENFORCEMENT LAWS. ALL OTHER ORDERS ARE ENTITLED TO
PRIORITY IN ORDER OF EARLIEST RETENTION BY THE SYSTEM. THE 11,216
SYSTEM IS NOT TO RETAIN AN ORDER THAT PROVIDES FOR THE DIVISION 11,217
OF PROPERTY UNLESS THE ORDER IS FILED IN A COURT WITH 11,218
246
JURISDICTION IN THIS STATE.
(H) THE SYSTEM IS NOT LIABLE IN CIVIL DAMAGES FOR LOSS 11,220
RESULTING FROM ANY ACTION OR FAILURE TO ACT IN COMPLIANCE WITH 11,221
THIS SECTION.
Sec. 3309.70. If a PERSON WHO IS A member, former member, 11,230
contributor, former contributor, retirant, or beneficiary, OR 11,232
ALTERNATE PAYEE, AS DEFINED IN SECTION 3105.80 OF THE REVISED 11,233
CODE, is paid any benefit OR PAYMENT by the school employees 11,234
retirement system to which he THE PERSON is not entitled, the 11,235
benefit shall be repaid to the retirement system by him THE 11,237
PERSON. If he THE PERSON fails to make the repayment, the 11,238
retirement system shall withhold the amount due from any benefit 11,239
due him THE PERSON or his THE PERSON'S beneficiary under this 11,241
chapter, or may collect the amount in any other manner provided 11,243
by law.
Sec. 3309.351 3309.73. (A) AS USED IN THIS SECTION, 11,252
"MILITARY SERVICE CREDIT" MEANS SERVICE CREDIT PURCHASED OR 11,253
OBTAINED UNDER THIS CHAPTER OR CHAPTER 742. OR 5505. OF THE 11,255
REVISED CODE FOR SERVICE IN THE ARMED FORCES OF THE UNITED 11,256
STATES.
(B) A member of the school employees retirement system who 11,259
has contributions on deposit with the Ohio police and fire 11,260
pension fund or the state highway patrol retirement system shall, 11,262
in computing years of total service, be given full credit for 11,263
service credit earned under Chapter 742. or 5505. of the Revised 11,264
Code or purchased OR OBTAINED for MILITARY service in the armed 11,265
forces of the United States CREDIT if a transfer to the school 11,267
employees retirement system is made under this division. At the 11,269
request of the member, the Ohio police and fire pension fund or 11,271
state highway patrol retirement system shall transfer to the 11,273
school employees retirement system, for each year of service, the 11,274
sum of the following: 11,275
(1) An amount equal to the member's accumulated 11,277
contributions to the transferring fund or system, any payments by 11,278
247
the member for MILITARY service in the armed forces of the United 11,279
States CREDIT, and any amounts paid under section 742.375 or 11,281
5505.201 of the Revised Code to purchase service credit; 11,283
(2) An amount equal to the lesser of the employer's 11,285
contributions to the Ohio police and fire pension fund or state 11,287
highway patrol retirement system or the amount that would have 11,289
been contributed by the employer for the service had the member 11,290
been a member of the school employees retirement system AT THE 11,291
TIME THE CREDIT WAS EARNED;
(3) Interest, determined as provided in division (E)(F) of 11,293
this section, on the amounts specified in divisions (A)(B)(1) and 11,295
(2) of this section from the last day of the year for which the 11,299
service credit in the transferring fund or system was earned or 11,300
in which PAYMENT WAS MADE FOR military service credit or service 11,301
credit under section 742.375 or 5505.201 of the Revised Code was 11,303
purchased or obtained to the date the transfer is made. 11,304
(B)(C) A member who has at least eighteen months of 11,306
contributing service with the school employees retirement system, 11,308
is a former member of the Ohio police and fire pension fund or 11,310
state highway patrol retirement system, and has received a refund 11,311
of contributions to that fund or system shall, in computing years 11,312
of total service, be given full credit for service credit earned 11,313
under Chapter 742. or 5505. of the Revised Code or purchased OR 11,314
OBTAINED for MILITARY service in the armed forces of the United 11,315
States if, for each year of service, the school employees 11,317
retirement system receives the sum of the following: 11,318
(1) An amount, which shall be paid by the member, equal to 11,320
the amount refunded by the Ohio police and fire pension fund or 11,321
the state highway patrol retirement system to the member for that 11,323
year for accumulated contributions and payments for purchase of 11,324
credit for MILITARY service in the armed forces of the United 11,326
States, with interest AT A RATE ESTABLISHED BY THE SCHOOL 11,327
EMPLOYEES RETIREMENT BOARD on that amount from the date of the 11,328
refund to the date of the payment;
248
(2) Interest, which shall be transferred by the Ohio 11,331
police and fire pension fund or state highway patrol retirement 11,334
system, on the amount refunded to the member that is attributable
to the year of service from the last day of the year for which 11,336
the service credit was earned or in which PAYMENT WAS MADE FOR 11,337
military service credit was purchased or obtained to the date the 11,340
refund was made;
(3) An amount, which shall be transferred by the Ohio 11,342
police and fire pension fund or state highway patrol retirement 11,343
system, that is equal to the lesser of the amount contributed by 11,345
the employer EMPLOYER'S CONTRIBUTIONS to the Ohio police and fire 11,348
pension fund or state highway patrol retirement system for that 11,350
year or the amount that would have been contributed by the 11,351
employer for the year SERVICE had the member been a member of the 11,353
school employees retirement system AT THE TIME THE CREDIT WAS 11,354
EARNED, with interest on that amount from the last day of the 11,357
year for which the service credit was earned or in which PAYMENT 11,358
WAS MADE FOR military service credit was purchased or obtained to 11,360
the date of the transfer.
On receipt of payment from the member, the school employees 11,362
retirement system shall notify the Ohio police and fire pension 11,363
fund or the state highway patrol retirement system, which, on 11,365
receipt of the notice, shall make the transfer required by this 11,366
division. Interest shall be determined as provided in division 11,367
(E)(F) of this section. The member may choose to purchase only 11,369
part of such credit in any one payment, subject to board rules. 11,370
(C)(D) A member is ineligible to obtain service credit 11,373
under this section for service that is used in the calculation of 11,374
any retirement benefit currently being paid or payable in the 11,375
future to the member. 11,376
Service credit obtained under this section shall be 11,378
considered the equivalent of Ohio service credit. 11,379
(D)(E) If a member of the school employees retirement 11,381
system who is not a current contributor elects to obtain credit 11,383
249
under section 742.379 742.21 or 5505.202 5505.40 of the Revised 11,385
Code for service for which the member contributed to the school 11,387
employees retirement system or purchased MADE PAYMENT FOR 11,388
MILITARY SERVICE credit for service in the armed forces of the 11,390
United States, the school employees retirement system shall 11,391
transfer to the Ohio police and fire pension fund or state 11,393
highway patrol retirement system, as applicable, the amount
specified in division (D) of section 742.379 742.21 or division 11,394
(B)(2) of section 5505.202 5505.40 of the Revised Code. 11,395
(E)(F) Interest charged under this section shall be 11,398
calculated separately for each year of service credit. UNLESS 11,399
OTHERWISE SPECIFIED IN THIS SECTION, IT SHALL BE CALCULATED at
the lesser of the actuarial assumption rate for that year of the 11,400
school employees retirement system or of the fund or retirement 11,401
system in which the credit was earned. The interest shall be 11,402
compounded annually.
(G) AT THE REQUEST OF THE SCHOOL EMPLOYEES RETIREMENT 11,404
SYSTEM, THE OHIO POLICE AND FIRE PENSION FUND OR STATE HIGHWAY 11,405
PATROL RETIREMENT SYSTEM SHALL CERTIFY TO THE SCHOOL EMPLOYEES 11,406
RETIREMENT SYSTEM A COPY OF THE RECORDS OF THE SERVICE AND 11,408
CONTRIBUTIONS OF A SCHOOL EMPLOYEES RETIREMENT SYSTEM MEMBER WHO 11,409
SEEKS SERVICE CREDIT UNDER THIS SECTION. 11,410
Sec. 3309.74. (A) AS USED IN THIS SECTION AND SECTIONS 11,412
3309.75 AND 3309.76 OF THE REVISED CODE, "MILITARY SERVICE 11,413
CREDIT" MEANS CREDIT PURCHASED OR OBTAINED UNDER THE SCHOOL 11,415
EMPLOYEES RETIREMENT SYSTEM OR CITY OF CINCINNATI RETIREMENT
SYSTEM FOR SERVICE IN THE ARMED FORCES OF THE UNITED STATES. 11,416
(B) SERVICE CREDIT AND CONTRIBUTIONS MAY BE TRANSFERRED 11,419
BETWEEN THE SCHOOL EMPLOYEES RETIREMENT SYSTEM AND THE CINCINNATI 11,420
RETIREMENT SYSTEM AS SPECIFIED IN SECTIONS 3309.75 AND 3309.76 OF 11,421
THE REVISED CODE IF BOTH OF THE FOLLOWING CONDITIONS ARE MET: 11,423
(1) THE CINCINNATI CITY COUNCIL AND THE BOARD OF TRUSTEES 11,425
OF THE CINCINNATI RETIREMENT SYSTEM TAKE ALL ACTIONS, INCLUDING 11,427
THE ADOPTION OF ANY ORDINANCE OR RESOLUTION, NECESSARY TO
250
AUTHORIZE THE TRANSFERS. 11,429
(2) THE SCHOOL EMPLOYEES RETIREMENT SYSTEM AND CINCINNATI 11,432
RETIREMENT SYSTEM, THROUGH THEIR BOARDS OF TRUSTEES, ENTER INTO 11,433
AN AGREEMENT GOVERNING THE TRANSFERS THAT IS CONSISTENT WITH THE 11,434
REQUIREMENTS OF SECTIONS 3309.75 AND 3309.76 OF THE REVISED CODE 11,435
AND INCLUDES BOTH OF THE FOLLOWING: 11,436
(a) A PROVISION UNDER WHICH THE RETIREMENT SYSTEMS AGREE 11,438
TO TRANSFER THE AMOUNTS SPECIFIED IN THOSE SECTIONS; 11,439
(b) A PROVISION THAT SPECIFIES AN AMOUNT OF CREDIT THE 11,441
SYSTEM TO WHICH THE TRANSFER IS MADE WILL GRANT FOR A SPECIFIC 11,443
PERIOD OF SERVICE EARNED UNDER THE TRANSFERRING SYSTEM. 11,444
(C) THE AMOUNT OF CREDIT SPECIFIED UNDER DIVISION (B)(2) 11,446
OF THIS SECTION MAY BE LESS THAN THE PERSON EARNED FOR A SPECIFIC 11,448
PERIOD OF SERVICE UNDER THE TRANSFERRING SYSTEM. 11,449
(D)(1) THE SCHOOL EMPLOYEES RETIREMENT SYSTEM, THROUGH ITS 11,452
BOARD OF TRUSTEES, AND THE CINCINNATI RETIREMENT SYSTEM, ACTING 11,453
PURSUANT TO THE AUTHORITY GRANTED IT BY THE CINCINNATI CITY 11,454
COUNCIL, MAY DO EITHER OF THE FOLLOWING: 11,455
(a) BY MUTUAL CONSENT, MODIFY THE AGREEMENT DESCRIBED IN 11,458
THIS SECTION;
(b) RESCIND THE AGREEMENT DESCRIBED IN THIS SECTION. 11,460
(2) ACTION TAKEN UNDER DIVISION (D)(1) OF THIS SECTION 11,462
DOES NOT AFFECT ANY TRANSFERS MADE BETWEEN THE SYSTEMS AND GRANTS 11,463
OF CREDIT MADE BY THE SYSTEMS PRIOR TO THE TIME ACTION IS TAKEN. 11,464
(3) RESCINDING AN AGREEMENT AS PROVIDED IN DIVISION 11,467
(D)(1)(b) OF THIS SECTION DOES NOT REQUIRE MUTUAL CONSENT. THE 11,468
RETIREMENT SYSTEM THAT RESCINDS THE AGREEMENT MUST PROMPTLY 11,469
NOTIFY THE OTHER.
(E) IF EITHER OF THE CONDITIONS SPECIFIED IN DIVISION (B) 11,472
OF THIS SECTION IS NOT MET, A MEMBER OF THE SCHOOL EMPLOYEES 11,473
RETIREMENT SYSTEM WHO MEETS THE REQUIREMENTS OF SECTION 3309.31 11,474
OF THE REVISED CODE MAY PURCHASE CREDIT UNDER DIVISION (C) OF 11,476
THAT SECTION FOR SERVICE IN THE CINCINNATI RETIREMENT SYSTEM. 11,477
Sec. 3309.75. (A) IF THE CONDITIONS DESCRIBED IN DIVISION 11,479
251
(B) OF SECTION 3309.74 OF THE REVISED CODE ARE MET, A MEMBER OF 11,481
THE SCHOOL EMPLOYEES RETIREMENT SYSTEM WHO IS NOT RECEIVING A 11,482
PENSION OR BENEFIT FROM THE SCHOOL EMPLOYEES RETIREMENT SYSTEM IS 11,483
ELIGIBLE TO OBTAIN CREDIT FOR SERVICE AS A MEMBER OF THE 11,484
CINCINNATI RETIREMENT SYSTEM UNDER THIS SECTION. 11,485
(B) A MEMBER OF THE SCHOOL EMPLOYEES RETIREMENT SYSTEM WHO 11,487
HAS CONTRIBUTIONS ON DEPOSIT WITH, BUT IS NO LONGER CONTRIBUTING 11,488
TO, THE CINCINNATI RETIREMENT SYSTEM SHALL, IN COMPUTING YEARS OF 11,489
SERVICE CREDIT, BE GIVEN CREDIT FOR SERVICE CREDIT EARNED UNDER 11,490
THE CINCINNATI RETIREMENT SYSTEM OR PURCHASED OR OBTAINED AS 11,491
MILITARY SERVICE CREDIT IF, FOR EACH YEAR OF SERVICE, THE 11,493
CINCINNATI RETIREMENT SYSTEM TRANSFERS TO THE SCHOOL EMPLOYEES 11,495
RETIREMENT SYSTEM THE SUM OF THE FOLLOWING: 11,496
(1) THE AMOUNT CONTRIBUTED BY THE MEMBER, OR, IN THE CASE 11,498
OF MILITARY SERVICE CREDIT, PAID BY THE MEMBER, THAT IS 11,499
ATTRIBUTABLE TO THE YEAR OF SERVICE; 11,500
(2) AN AMOUNT EQUAL TO THE LESSER OF THE EMPLOYER'S 11,503
CONTRIBUTIONS TO THE CINCINNATI RETIREMENT SYSTEM OR THE AMOUNT 11,504
THAT WOULD HAVE BEEN CONTRIBUTED BY THE EMPLOYER FOR THE SERVICE 11,505
HAD THE MEMBER BEEN A MEMBER OF THE SCHOOL EMPLOYEES RETIREMENT 11,507
SYSTEM AT THE TIME THE CREDIT WAS EARNED;
(3) INTEREST ON THE AMOUNTS SPECIFIED IN DIVISIONS (B)(1) 11,509
AND (2) OF THIS SECTION FROM THE LAST DAY OF THE YEAR FOR WHICH 11,510
THE SERVICE CREDIT WAS EARNED OR IN WHICH PAYMENT WAS MADE FOR 11,511
MILITARY SERVICE CREDIT TO THE DATE THE TRANSFER IS MADE. 11,513
(C) A MEMBER OF THE SCHOOL EMPLOYEES RETIREMENT SYSTEM 11,515
WITH AT LEAST EIGHTEEN MONTHS OF CONTRIBUTING SERVICE CREDIT WITH 11,516
THE SCHOOL EMPLOYEES RETIREMENT SYSTEM WHO HAS RECEIVED A REFUND 11,517
OF THE MEMBER'S CONTRIBUTIONS TO THE CINCINNATI RETIREMENT SYSTEM 11,518
SHALL, IN COMPUTING YEARS OF SERVICE, BE GIVEN CREDIT FOR SERVICE 11,519
CREDIT EARNED UNDER THE CINCINNATI RETIREMENT SYSTEM OR PURCHASED 11,521
OR OBTAINED AS MILITARY SERVICE CREDIT IF, FOR EACH YEAR OF
SERVICE, THE SCHOOL EMPLOYEES RETIREMENT SYSTEM RECEIVES THE SUM 11,522
OF THE FOLLOWING: 11,523
252
(1) AN AMOUNT, PAID BY THE MEMBER, EQUAL TO THE SUM OF THE 11,525
FOLLOWING:
(a) THE AMOUNT REFUNDED BY THE CINCINNATI RETIREMENT 11,528
SYSTEM TO THE MEMBER FOR THAT YEAR FOR CONTRIBUTIONS AND PAYMENTS 11,529
FOR MILITARY SERVICE CREDIT, WITH INTEREST AT A RATE ESTABLISHED 11,530
BY THE SCHOOL EMPLOYEES RETIREMENT BOARD ON THAT AMOUNT FROM THE 11,531
DATE OF THE REFUND TO THE DATE OF PAYMENT; 11,532
(b) THE AMOUNT OF INTEREST, IF ANY, THE MEMBER RECEIVED 11,534
WHEN THE REFUND WAS MADE THAT IS ATTRIBUTABLE TO THE YEAR OF 11,535
SERVICE.
(2) AN AMOUNT, TRANSFERRED BY THE CINCINNATI RETIREMENT 11,537
SYSTEM TO THE SCHOOL EMPLOYEES RETIREMENT SYSTEM, EQUAL TO THE 11,538
SUM OF THE FOLLOWING: 11,539
(a) INTEREST ON THE AMOUNT REFUNDED TO THE MEMBER THAT IS 11,541
ATTRIBUTABLE TO THE YEAR OF SERVICE FROM THE LAST DAY OF THE YEAR 11,542
FOR WHICH THE SERVICE CREDIT WAS EARNED OR IN WHICH PAYMENT WAS 11,544
MADE FOR MILITARY SERVICE CREDIT TO THE DATE THE REFUND WAS MADE; 11,546
(b) AN AMOUNT EQUAL TO THE LESSER OF THE EMPLOYER'S 11,548
CONTRIBUTIONS TO THE CINCINNATI RETIREMENT SYSTEM OR THE AMOUNT 11,549
THAT WOULD HAVE BEEN CONTRIBUTED BY THE EMPLOYER FOR THE SERVICE 11,550
HAD THE MEMBER BEEN A MEMBER OF THE SCHOOL EMPLOYEES RETIREMENT 11,551
SYSTEM AT THE TIME THE CREDIT WAS EARNED, WITH INTEREST ON THAT 11,553
AMOUNT FROM THE LAST DAY OF THE YEAR FOR WHICH THE SERVICE CREDIT 11,554
WAS EARNED TO THE DATE OF THE TRANSFER. 11,555
(D) THE AMOUNT TRANSFERRED UNDER DIVISION (C)(2)(a) OF 11,558
THIS SECTION SHALL NOT INCLUDE ANY AMOUNT OF INTEREST THE 11,559
CINCINNATI RETIREMENT SYSTEM PAID TO THE PERSON WHEN IT MADE THE 11,560
REFUND.
(E) ON RECEIPT OF PAYMENT FROM THE MEMBER UNDER DIVISION 11,563
(C)(1) OF THIS SECTION, THE SCHOOL EMPLOYEES RETIREMENT SYSTEM 11,564
SHALL NOTIFY THE CINCINNATI RETIREMENT SYSTEM. ON RECEIPT OF THE 11,565
NOTICE, THE CINCINNATI RETIREMENT SYSTEM SHALL TRANSFER THE 11,566
AMOUNT DESCRIBED IN DIVISION (C)(2) OF THIS SECTION. 11,567
(F) INTEREST CHARGED UNDER THIS SECTION SHALL BE 11,569
253
CALCULATED SEPARATELY FOR EACH YEAR OF SERVICE CREDIT. UNLESS 11,570
OTHERWISE SPECIFIED IN THIS SECTION, IT SHALL BE CALCULATED AT 11,571
THE LESSER OF THE ACTUARIAL ASSUMPTION RATE FOR THAT YEAR OF THE 11,572
SCHOOL EMPLOYEES RETIREMENT SYSTEM OR THE CINCINNATI RETIREMENT 11,573
SYSTEM. THE INTEREST SHALL BE COMPOUNDED ANNUALLY. 11,574
(G) AT THE REQUEST OF THE SCHOOL EMPLOYEES RETIREMENT 11,576
SYSTEM, THE CINCINNATI RETIREMENT SYSTEM SHALL CERTIFY TO THE 11,577
SCHOOL EMPLOYEES RETIREMENT SYSTEM A COPY OF THE RECORDS OF THE 11,578
SERVICE AND CONTRIBUTIONS OF A SCHOOL EMPLOYEES RETIREMENT SYSTEM 11,580
MEMBER WHO SEEKS SERVICE CREDIT UNDER THIS SECTION.
(H) A MEMBER MAY CHOOSE TO PURCHASE ONLY PART OF THE 11,582
CREDIT THE MEMBER IS ELIGIBLE TO PURCHASE UNDER DIVISION (C) OF 11,583
THIS SECTION IN ANY ONE PAYMENT, SUBJECT TO RULES OF THE SCHOOL 11,584
EMPLOYEES RETIREMENT BOARD. 11,585
(I) A MEMBER IS INELIGIBLE TO OBTAIN CREDIT UNDER THIS 11,587
SECTION FOR SERVICE THAT IS USED IN THE CALCULATION OF ANY 11,588
RETIREMENT BENEFIT CURRENTLY BEING PAID OR PAYABLE IN THE FUTURE. 11,589
(J) SERVICE CREDIT PURCHASED OR OTHERWISE OBTAINED UNDER 11,591
THIS SECTION SHALL BE CONSIDERED THE EQUIVALENT OF OHIO SERVICE 11,592
CREDIT. 11,593
Sec. 3309.76. (A) IF THE CONDITIONS DESCRIBED IN DIVISION 11,595
(B) OF SECTION 3309.74 OF THE REVISED CODE ARE MET AND A PERSON 11,597
WHO IS A MEMBER OR FORMER MEMBER OF THE SCHOOL EMPLOYEES 11,600
RETIREMENT SYSTEM BUT NOT A CURRENT CONTRIBUTOR AND WHO IS NOT 11,601
RECEIVING A PENSION OR BENEFIT FROM THE SCHOOL EMPLOYEES 11,602
RETIREMENT SYSTEM ELECTS TO RECEIVE CREDIT UNDER THE CINCINNATI 11,603
RETIREMENT SYSTEM FOR SERVICE FOR WHICH THE PERSON CONTRIBUTED TO 11,604
THE SCHOOL EMPLOYEES RETIREMENT SYSTEM OR PURCHASED OR OBTAINED
AS MILITARY SERVICE CREDIT, THE SCHOOL EMPLOYEES RETIREMENT 11,607
SYSTEM SHALL TRANSFER THE AMOUNTS SPECIFIED IN DIVISION (B) OR 11,608
(C) OF THIS SECTION TO THE CINCINNATI RETIREMENT SYSTEM. 11,610
(B) IF THE PERSON HAS CONTRIBUTIONS ON DEPOSIT WITH THE 11,612
SCHOOL EMPLOYEES RETIREMENT SYSTEM, THE RETIREMENT SYSTEM SHALL, 11,613
FOR EACH YEAR OF SERVICE CREDIT, TRANSFER TO THE CINCINNATI 11,614
254
RETIREMENT SYSTEM THE SUM OF THE FOLLOWING: 11,615
(1) AN AMOUNT EQUAL TO THE PERSON'S CONTRIBUTIONS TO THE 11,617
SCHOOL EMPLOYEES RETIREMENT SYSTEM AND PAYMENTS MADE BY THE 11,618
MEMBER FOR MILITARY SERVICE CREDIT; 11,619
(2) AN AMOUNT EQUAL TO THE LESSER OF THE EMPLOYER'S 11,622
CONTRIBUTIONS TO THE SCHOOL EMPLOYEES RETIREMENT SYSTEM OR THE
AMOUNT THAT WOULD HAVE BEEN CONTRIBUTED BY THE EMPLOYER FOR THE 11,623
SERVICE HAD THE PERSON BEEN A MEMBER OF THE CINCINNATI RETIREMENT 11,624
SYSTEM AT THE TIME THE CREDIT WAS EARNED; 11,625
(3) INTEREST ON THE AMOUNTS SPECIFIED IN DIVISIONS (B)(1) 11,627
AND (2) OF THIS SECTION FOR THE PERIOD FROM THE LAST DAY OF THE 11,628
YEAR FOR WHICH THE SERVICE CREDIT WAS EARNED OR IN WHICH PAYMENT 11,629
WAS MADE FOR MILITARY SERVICE CREDIT TO THE DATE THE TRANSFER WAS 11,630
MADE.
(C) IF THE PERSON HAS RECEIVED A REFUND OF ACCUMULATED 11,632
CONTRIBUTIONS TO THE SCHOOL EMPLOYEES RETIREMENT SYSTEM, THE 11,633
RETIREMENT SYSTEM SHALL, FOR EACH YEAR OF SERVICE CREDIT, 11,634
TRANSFER TO THE CINCINNATI RETIREMENT SYSTEM THE SUM OF THE 11,635
FOLLOWING:
(1) INTEREST ON THE AMOUNT REFUNDED TO THE FORMER MEMBER 11,637
THAT IS ATTRIBUTABLE TO THE YEAR OF SERVICE FROM THE LAST DAY OF 11,638
THE YEAR FOR WHICH THE SERVICE CREDIT WAS EARNED OR IN WHICH 11,639
PAYMENT WAS MADE FOR MILITARY SERVICE CREDIT TO THE DATE THE 11,641
REFUND WAS MADE;
(2) AN AMOUNT EQUAL TO THE LESSER OF THE EMPLOYER'S 11,644
CONTRIBUTIONS TO THE SCHOOL EMPLOYEES RETIREMENT SYSTEM OR THE 11,645
AMOUNT THAT WOULD HAVE BEEN CONTRIBUTED BY THE EMPLOYER FOR THE 11,646
SERVICE HAD THE PERSON BEEN A MEMBER OF THE CINCINNATI RETIREMENT 11,647
SYSTEM AT THE TIME THE CREDIT WAS EARNED, WITH INTEREST ON THAT
AMOUNT FROM THE LAST DAY OF THE YEAR FOR WHICH THE SERVICE CREDIT 11,649
WAS EARNED TO THE DATE OF THE TRANSFER. 11,650
(D) ON RECEIPT OF NOTICE FROM THE CINCINNATI RETIREMENT 11,652
SYSTEM THAT THE CINCINNATI RETIREMENT SYSTEM HAS RECEIVED PAYMENT 11,653
FROM A PERSON DESCRIBED IN DIVISION (C) OF THIS SECTION, THE 11,654
255
SCHOOL EMPLOYEES RETIREMENT SYSTEM SHALL TRANSFER THE AMOUNT 11,655
DESCRIBED IN THAT DIVISION. 11,656
(E) INTEREST CHARGED UNDER THIS SECTION SHALL BE 11,658
CALCULATED SEPARATELY FOR EACH YEAR OF SERVICE CREDIT. UNLESS 11,659
OTHERWISE SPECIFIED IN THIS SECTION, IT SHALL BE CALCULATED AT 11,660
THE LESSER OF THE ACTUARIAL ASSUMPTION RATE FOR THAT YEAR OF THE 11,661
SCHOOL EMPLOYEES RETIREMENT SYSTEM OR THE CINCINNATI RETIREMENT 11,662
SYSTEM. THE INTEREST SHALL BE COMPOUNDED ANNUALLY. 11,663
(F) THE TRANSFER OF ANY AMOUNT UNDER THIS SECTION SHALL 11,665
CANCEL AN EQUIVALENT AMOUNT OF SERVICE CREDIT. 11,666
(G) AT THE REQUEST OF THE CINCINNATI RETIREMENT SYSTEM, 11,668
THE SCHOOL EMPLOYEES RETIREMENT SYSTEM SHALL CERTIFY TO THE 11,670
CINCINNATI RETIREMENT SYSTEM A COPY OF THE RECORDS OF THE SERVICE 11,671
AND CONTRIBUTIONS OF A MEMBER OR FORMER MEMBER OF THE SCHOOL 11,673
EMPLOYEES RETIREMENT SYSTEM WHO ELECTS TO RECEIVE SERVICE CREDIT 11,674
UNDER THE CINCINNATI RETIREMENT SYSTEM.
Sec. 5505.01. As used in this chapter: 11,683
(A) "Employee" means any qualified employee in the uniform 11,685
division of the state highway patrol, any qualified employee in 11,686
the radio division hired prior to November 2, 1989, and any state 11,687
highway patrol cadet attending training school pursuant to 11,688
section 5503.05 of the Revised Code whose attendance at the 11,689
school begins on or after the effective date of this amendment 11,691
JUNE 30, 1991. "Employee" includes the superintendent of the 11,692
state highway patrol. In all cases of doubt, the state highway 11,693
patrol retirement board shall determine whether any person is an 11,694
employee as defined in this division, and the decision of the 11,695
board is final. 11,696
(B) "Prior service" means all service rendered as an 11,698
employee of the state highway patrol prior to September 5, 1941, 11,699
to the extent credited by the board, provided that in no case 11,700
shall prior service include service rendered prior to November 11,701
15, 1933. 11,702
(C) "Total service" means all service rendered by an 11,704
256
employee to the extent credited by the board. Total service 11,705
includes all of the following: 11,706
(1) Contributing service rendered by the employee since 11,708
last becoming a member of the state highway patrol retirement 11,709
system; 11,710
(2) All prior service credit; 11,712
(3) Restored service credit as provided in this chapter; 11,714
(4) Military service credit purchased under division (D) 11,716
of section 5505.16 or section 5505.25 of the Revised Code; 11,717
(5) Credit granted under division (C) of section 5505.17 11,719
or section 5505.201 or 5505.202, 5505.40, OR 5505.402 of the 11,721
Revised Code;
(6) Credit for any period, not to exceed three years, 11,723
during which the member was out of service and receiving benefits 11,724
under Chapters 4121. and 4123. of the Revised Code. 11,725
(D) "Beneficiary" means any person, except a retirant, who 11,727
is in receipt of a pension or other benefit payable from funds of 11,728
the retirement system. 11,729
(E) "Regular interest" means interest compounded at rates 11,732
designated from time to time by the retirement board. 11,733
(F) "Plan" means the provisions of this chapter. 11,735
(G) "Retirement system" or "system" means the state 11,737
highway patrol retirement system created and established in the 11,738
plan. 11,739
(H) "Contributing service" means all service rendered by a 11,741
member since September 4, 1941, for which deductions were made 11,742
from the member's salary under the plan. 11,743
(I) "Retirement board" or "board" means the state highway 11,745
patrol retirement board provided for in the plan. 11,746
(J) Except as provided in section 5505.18 of the Revised 11,748
Code, "member" means any employee included in the membership of 11,749
the retirement system, whether or not rendering contributing 11,750
service. 11,751
(K) "Retirant" means any member who retires with a pension 11,753
257
payable from the retirement system. 11,754
(L) "Accumulated contributions" means the sum of all 11,756
amounts deducted from the salary of a member and credited to the 11,757
member's individual account in the employees' savings fund. 11,758
(M)(1) Except as provided in division (M)(2) of this 11,760
section, "final average salary" means the average of the highest 11,761
salary paid a member during any three consecutive or 11,762
nonconsecutive years. 11,763
If a member has less than three years of contributing 11,765
service, the member's final average salary shall be the average 11,767
of the annual rates of salary paid to the member during the 11,768
member's total years of contributing service. 11,769
(2) If a member is credited with service under division 11,771
(C)(6) of this section or division (D) of section 5505.16 of the 11,772
Revised Code, the member's final average salary shall be the 11,773
average of the highest salary that was paid to the member or 11,775
would have been paid to the member, had the member been rendering 11,777
contributing service, during any three consecutive or 11,778
nonconsecutive years. If that member has less than three years 11,779
of total service, the member's final average salary shall be the 11,780
average of the annual rates of salary that were paid to the 11,781
member or would have been paid to the member during the member's 11,782
years of total service.
(N) "Pension" means an annual amount payable by the 11,784
retirement system throughout the life of a person or as otherwise 11,785
provided in the plan. All pensions shall be paid in equal 11,786
monthly installments. 11,787
(O) "Pension reserve" means the present value of any 11,789
pension, or benefit in lieu of any pension, computed upon the 11,790
basis of mortality and other tables of experience and interest 11,792
the board shall from time to time adopt.
(P) "Deferred pension" means a pension for which an 11,794
eligible member of the system has made application and which is 11,795
payable as provided in division (A) or (B) of section 5505.16 of 11,796
258
the Revised Code. 11,797
(Q) "Retirement" means termination as an employee of the 11,799
state highway patrol, with application having been made to the 11,800
system for a pension or a deferred pension. 11,801
(R) "Fiduciary" means any of the following: 11,803
(1) A person who exercises any discretionary authority or 11,805
control with respect to the management of the system, or with 11,806
respect to the management or disposition of its assets; 11,807
(2) A person who renders investment advice for a fee, 11,809
direct or indirect, with respect to money or property of the 11,810
system; 11,811
(3) A person who has any discretionary authority or 11,813
responsibility in the administration of the system. 11,814
(S)(1) Except as otherwise provided in this division, 11,816
"salary" means all compensation, wages, and other earnings paid 11,817
to a member by reason of employment but without regard to whether 11,818
any of the compensation, wages, or other earnings are treated as 11,819
deferred income for federal income tax purposes. Salary includes 11,820
all of the following: 11,821
(a) Payments for shift differential, hazard duty, 11,823
professional achievement, and longevity; 11,824
(b) Payments for occupational injury leave, personal 11,826
leave, sick leave, bereavement leave, administrative leave, and 11,827
vacation leave used by the member; 11,828
(c) Payments made under a disability leave program 11,830
sponsored by the state for which the state is required by section 11,831
5505.151 of the Revised Code to make periodic employer and 11,832
employee contributions to the retirement system. 11,833
(2) "Salary" does not include any of the following: 11,835
(a) Payments resulting from the conversion of accrued but 11,837
unused sick leave, personal leave, compensatory time, and 11,838
vacation leave; 11,839
(b) Payments made by the state to provide life insurance, 11,841
sickness, accident, endowment, health, medical, hospital, dental, 11,842
259
or surgical coverage, or other insurance for the member or the 11,843
member's family, or amounts paid by the state to the member in 11,844
lieu of providing that insurance; 11,845
(c) Payments for overtime work; 11,847
(d) Incidental benefits, including lodging, food, laundry, 11,849
parking, or services furnished by the state, use of property or 11,850
equipment of the state, and reimbursement for job-related 11,851
expenses authorized by the state including moving and travel 11,852
expenses and expenses related to professional development; 11,853
(e) Payments made to or on behalf of a member that are in 11,855
excess of the annual compensation that may be taken into account 11,856
by the retirement system under division (a)(17) of section 401 of 11,857
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 11,858
401 (a)(17), as amended; 11,859
(f) Payments made under division (B) or (D) of section 11,861
5923.05 of the Revised Code or Section 4 of Substitute Senate 11,862
Bill No. 3 of the 119th general assembly. 11,863
(3) The retirement board shall determine by rule whether 11,865
any compensation, wages, or earnings not enumerated in this 11,866
division are salary, and its decision shall be final. 11,867
(T) "Actuary" means an individual who satisfies all of the 11,870
following requirements:
(1) Is a member of the American academy of actuaries; 11,873
(2) Is an associate or fellow of the society of actuaries; 11,875
(3) Has a minimum of five years' experience in providing 11,877
actuarial services to public retirement plans. 11,878
Sec. 5505.04. (A) The general administration and 11,887
management of the state highway patrol retirement system and the 11,888
making effective of this chapter are hereby vested in the state 11,889
highway patrol retirement board. The board may sue and be sued, 11,890
plead and be impleaded, contract and be contracted with, and do 11,891
all things necessary to carry out this chapter. 11,892
The board shall consist of the auditor of state, the 11,894
superintendent of the state highway patrol, a retirant-member who 11,895
260
is a resident of this state, and four employee-members. 11,896
The board shall annually elect a chairperson and 11,898
vice-chairperson from among its members. The vice-chairperson 11,899
shall act as chairperson in the absence of the chairperson. A 11,900
majority of the members of the board shall constitute a quorum 11,901
and any action taken shall be approved by four or more of the 11,902
members. The board shall meet not less than once each year, upon 11,903
sufficient notice to the members. All meetings of the board 11,904
shall be open to the public except executive sessions as set 11,905
forth in division (G) of section 121.22 of the Revised Code, and 11,906
any portions of any sessions discussing medical records or the 11,907
degree of disability of a member excluded from public inspection 11,908
by this section.
(B) The attorney general shall prescribe procedures for 11,910
the adoption of rules authorized under this chapter, consistent 11,911
with the provision of section 111.15 of the Revised Code under 11,912
which all rules shall be filed in order to be effective. Such 11,913
procedures shall establish methods by which notice of proposed 11,914
rules are given to interested parties and rules adopted by the 11,915
board published and otherwise made available. When it files a 11,917
rule with the joint committee on agency rule review pursuant to 11,918
section 111.15 of the Revised Code, the board shall submit to the 11,920
Ohio retirement study council a copy of the full text of the 11,921
rule, and if applicable, a copy of the rule summary and fiscal 11,923
analysis required by division (B) of section 127.18 of the 11,924
Revised Code. 11,926
(C) The (1) EXCEPT AS PROVIDED IN DIVISION (C)(4) OF THIS 11,929
SECTION, THE retirant-member of the board shall be elected for a 11,931
four-year term by a general election of service and disability
retirants conducted in a manner approved by the board. The term 11,932
of the initial retirant-member shall commence in August 1990. A 11,933
person who at the time of retirement is an employee-member of the 11,934
board is not eligible to become a retirant-member until three 11,935
years after such person's retirement date. Employee-members 11,936
261
(2) EXCEPT AS PROVIDED IN DIVISION (C)(4) OF THIS SECTION, 11,939
EMPLOYEE-MEMBERS of the board shall be elected for terms of four 11,940
years by a general election of contributing members conducted in 11,941
a manner approved by the board. The term of office of each 11,942
employee-member shall commence in August of the year in which 11,943
such member is elected. Any
(3) EXCEPT AS PROVIDED IN DIVISION (C)(4) OF THIS SECTION, 11,946
ANY vacancy occurring in the term of the retirant-member or any 11,947
employee-member of the board shall be filled by an election 11,948
conducted in the same manner as other retirant-member and 11,949
employee-member elections. The retirant-member or 11,950
employee-member elected shall fill the unexpired term. 11,951
(4) THE STATE HIGHWAY PATROL RETIREMENT BOARD IS NOT 11,953
REQUIRED TO HOLD AN ELECTION FOR A POSITION ON THE BOARD AS A 11,954
RETIRANT-MEMBER, EMPLOYEE-MEMBER, OR VACANCY FOR A 11,955
RETIRANT-MEMBER OR EMPLOYEE-MEMBER IF ONLY ONE CANDIDATE HAS BEEN 11,956
NOMINATED FOR THE POSITION OR VACANCY IN THE MANNER APPROVED BY 11,959
THE BOARD. THE CANDIDATE SHALL TAKE OFFICE AS IF ELECTED. IN 11,960
THE CASE OF A RETIRANT-MEMBER OR EMPLOYEE-MEMBER, THE TERM OF 11,961
OFFICE SHALL BE FOUR YEARS BEGINNING IN AUGUST OF THE YEAR THE 11,962
CANDIDATE WAS NOMINATED. IN THE CASE OF A VACANCY, THE CANDIDATE 11,963
SHALL FILL THE UNEXPIRED TERM. 11,964
(D)(1) As used in this division, "personal history record" 11,966
means information maintained by the board on AN INDIVIDUAL WHO IS 11,967
a member, former member, retirant, or beneficiary that includes 11,969
the address, telephone number, social security number, record of 11,970
contributions, correspondence with the system, and other 11,971
information the board determines to be confidential. 11,972
(2) The records of the board shall be open to public 11,974
inspection, except for the following which shall be excluded: the 11,976
member's, former member's, retirant's, or beneficiary's personal 11,977
history record and the amount of a monthly allowance or benefit 11,978
paid to a retirant, beneficiary, or survivor, except with the 11,979
written authorization of the individual concerned. All medical 11,980
262
reports and recommendations are privileged except that copies of 11,981
such medical reports or recommendations shall be made available 11,982
to the individual's personal physician, attorney, or authorized 11,983
agent upon written release received from such individual or such 11,984
individual's agent, or when necessary for the proper 11,985
administration of the fund to the board-assigned physician. 11,986
(E) Notwithstanding the exceptions to public inspection in 11,988
division (D)(2) of this section, the board may furnish the 11,989
following information: 11,990
(1) If a member, former member, or retirant is subject to 11,992
an order issued under section 2907.15 of the Revised Code or is 11,993
convicted of or pleads guilty to a violation of section 2921.41 11,994
of the Revised Code, on written request of a prosecutor as 11,995
defined in section 2935.01 of the Revised Code, the board shall 11,996
furnish to the prosecutor the information requested from the 11,997
individual's personal history record. 11,998
(2) Pursuant to a court order issued under section 3113.21 12,000
of the Revised Code, the board shall furnish to a court or child 12,001
support enforcement agency the information required under that 12,002
section. 12,003
(3) At the written request of any nonprofit organization 12,005
or association providing services to retirement system members, 12,006
retirants, or beneficiaries, the board shall provide to the 12,007
organization or association a list of the names and addresses of 12,008
members, former members, retirants, or beneficiaries if the 12,009
organization or association agrees to use such information solely 12,010
in accordance with its stated purpose of providing services to 12,011
such individuals and not for the benefit of other persons, 12,012
organizations, or associations. The costs of compiling, copying, 12,013
and mailing the list shall be paid by such entity. 12,014
(4) Within fourteen days after receiving from the director 12,016
of job and family services a list of the names and social 12,017
security numbers of recipients of public assistance pursuant to 12,018
section 5101.181 of the Revised Code, the board shall inform the 12,019
263
auditor of state of the name, current or most recent employer 12,020
address, and social security number of each member whose name and 12,021
social security number are the same as those of a person whose 12,022
name or social security number was submitted by the director. 12,023
The board and its employees, except for purposes of furnishing 12,024
the auditor of state with information required by this section, 12,025
shall preserve the confidentiality of recipients of public 12,026
assistance in compliance with division (A) of section 5101.181 of 12,027
the Revised Code.
(5) THE SYSTEM SHALL COMPLY WITH ORDERS ISSUED UNDER 12,030
SECTION 3105.87 OF THE REVISED CODE.
ON THE WRITTEN REQUEST OF AN ALTERNATE PAYEE, AS DEFINED IN 12,032
SECTION 3105.80 OF THE REVISED CODE, THE SYSTEM SHALL FURNISH TO 12,034
THE ALTERNATE PAYEE INFORMATION ON THE AMOUNT AND STATUS OF ANY 12,035
AMOUNTS PAYABLE TO THE ALTERNATE PAYEE UNDER AN ORDER ISSUED 12,036
UNDER SECTION 3105.171 OR 3105.65 OF THE REVISED CODE. 12,037
(F) A statement that contains information obtained from 12,039
the system's records that is certified and signed by an officer 12,040
of the retirement system and to which the system's official seal 12,041
is affixed, or copies of the system's records to which the 12,042
signature and seal are attached, shall be received as true copies 12,043
of the system's records in any court or before any officer of 12,044
this state. 12,045
Sec. 5505.22. The right of any person INDIVIDUAL to a 12,055
pension, or to the return of accumulated contributions, payable 12,056
as provided under this chapter, and all moneys, AND investments 12,057
of the state highway patrol retirement system, and income 12,058
therefrom, FROM MONEYS OR INVESTMENTS are exempt from any state 12,059
tax, except the tax imposed by section 5747.02 of the Revised 12,061
Code, and are exempt from any county, municipal, or other local 12,062
tax, except taxes imposed pursuant to section 5748.02 or 5748.08 12,063
of the Revised Code, and, except as provided in sections 12,066
3105.171, 3105.65, 3111.23, 3113.21, 3115.32, and 5505.26 of the 12,068
Revised Code, shall not be subject to execution, garnishment,
264
attachment, the operation of bankruptcy or insolvency laws, or 12,069
any other process of law whatsoever, and shall be unassignable 12,070
except as specifically provided in this chapter. 12,072
Sec. 5505.261. (A) AS USED IN THIS SECTION, "ALTERNATE 12,074
PAYEE," "BENEFIT," "LUMP SUM PAYMENT," "PARTICIPANT," AND "PUBLIC 12,076
RETIREMENT PROGRAM" HAVE THE SAME MEANINGS AS IN SECTION 3105.80 12,077
OF THE REVISED CODE.
(B) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.171 12,079
OR 3105.65 OF THE REVISED CODE, THE STATE HIGHWAY PATROL 12,080
RETIREMENT SYSTEM SHALL DETERMINE WHETHER THE ORDER MEETS THE 12,082
REQUIREMENTS OF SECTIONS 3105.80 TO 3105.90 OF THE REVISED CODE. 12,083
THE SYSTEM SHALL RETAIN IN THE PARTICIPANT'S RECORD AN ORDER THE 12,084
SYSTEM DETERMINES MEETS THE REQUIREMENTS. NOT LATER THAN SIXTY 12,085
DAYS AFTER RECEIPT, THE SYSTEM SHALL RETURN TO THE COURT THAT 12,086
ISSUED THE ORDER ANY ORDER THE SYSTEM DETERMINES DOES NOT MEET 12,087
THE REQUIREMENTS.
(C) THE SYSTEM SHALL COMPLY WITH AN ORDER RETAINED UNDER 12,090
DIVISION (B) OF THIS SECTION AT EITHER OF THE FOLLOWING TIMES AS 12,091
APPROPRIATE:
(1) IF THE PARTICIPANT HAS APPLIED FOR OR IS RECEIVING A 12,093
BENEFIT OR HAS APPLIED FOR BUT NOT YET RECEIVED A LUMP SUM 12,094
PAYMENT, AS SOON AS PRACTICABLE; 12,095
(2) IF THE PARTICIPANT HAS NOT APPLIED FOR A BENEFIT OR 12,098
LUMP SUM PAYMENT, ON APPLICATION BY THE PARTICIPANT FOR A BENEFIT 12,099
OR LUMP SUM PAYMENT. 12,100
(D) IF THE SYSTEM TRANSFERS A PARTICIPANT'S SERVICE CREDIT 12,102
OR CONTRIBUTIONS MADE BY OR ON BEHALF OF A PARTICIPANT TO A 12,103
PUBLIC RETIREMENT PROGRAM THAT IS NOT NAMED IN THE ORDER, THE 12,106
SYSTEM SHALL DO BOTH OF THE FOLLOWING:
(1) NOTIFY THE COURT THAT ISSUED THE ORDER BY SENDING THE 12,109
COURT A COPY OF THE ORDER AND THE NAME AND ADDRESS OF THE PUBLIC 12,110
RETIREMENT PROGRAM TO WHICH THE TRANSFER WAS MADE.
(2) SEND A COPY OF THE ORDER TO THE PUBLIC RETIREMENT 12,112
PROGRAM TO WHICH THE TRANSFER WAS MADE. 12,113
265
(E) IF IT RECEIVES A PARTICIPANT'S SERVICE CREDIT OR 12,115
CONTRIBUTIONS AND A COPY OF AN ORDER AS PROVIDED IN DIVISION (D) 12,117
OF THIS SECTION, THE SYSTEM SHALL ADMINISTER THE ORDER AS IF IT 12,118
WERE THE PUBLIC RETIREMENT PROGRAM NAMED IN THE ORDER. 12,119
(F) IF A PARTICIPANT'S BENEFIT OR LUMP SUM PAYMENT IS OR 12,122
WILL BE SUBJECT TO MORE THAN ONE ORDER DESCRIBED IN SECTION 12,123
3105.81 OF THE REVISED CODE OR TO AN ORDER DESCRIBED IN SECTION 12,124
3105.81 OF THE REVISED CODE AND A WITHHOLDING ORDER UNDER SECTION 12,125
3111.23 OR 3113.21 OF THE REVISED CODE, THE SYSTEM SHALL, AFTER 12,128
DETERMINING THAT THE AMOUNTS THAT ARE OR WILL BE WITHHELD WILL 12,129
CAUSE THE BENEFIT OR LUMP SUM PAYMENT TO FALL BELOW THE LIMITS 12,130
DESCRIBED IN SECTION 3105.85 OF THE REVISED CODE, DO ALL OF THE 12,131
FOLLOWING: 12,132
(1) ESTABLISH, IN ACCORDANCE WITH DIVISION (G) OF THIS 12,134
SECTION AND SUBJECT TO THE LIMITS DESCRIBED IN SECTION 3105.85 OF 12,136
THE REVISED CODE, THE PRIORITY IN WHICH THE ORDERS ARE OR WILL BE 12,138
PAID BY THE RETIREMENT SYSTEM IN ACCORDANCE WITH DIVISION (G) OF
THIS SECTION; 12,139
(2) REDUCE THE AMOUNT PAID TO AN ALTERNATE PAYEE BASED ON 12,141
THE PRIORITY ESTABLISHED UNDER DIVISION (F)(1) OF THIS SECTION; 12,142
(3) NOTIFY, BY REGULAR MAIL, A PARTICIPANT AND ALTERNATE 12,145
PAYEE OF ANY ACTION TAKEN UNDER THIS DIVISION. 12,146
(G) A WITHHOLDING OR DEDUCTION NOTICE ISSUED UNDER SECTION 12,148
3111.23 OR 3113.21 OF THE REVISED CODE OR AN ORDER DESCRIBED IN 12,149
SECTION 3115.32 OF THE REVISED CODE HAS PRIORITY OVER ALL OTHER 12,150
ORDERS AND SHALL BE COMPLIED WITH IN ACCORDANCE WITH CHILD 12,151
SUPPORT ENFORCEMENT LAWS. ALL OTHER ORDERS ARE ENTITLED TO
PRIORITY IN ORDER OF EARLIEST RETENTION BY THE SYSTEM. THE 12,152
SYSTEM IS NOT TO RETAIN AN ORDER THAT PROVIDES FOR THE DIVISION 12,153
OF PROPERTY UNLESS THE ORDER IS FILED IN A COURT WITH 12,154
JURISDICTION IN THIS STATE.
(H) THE SYSTEM IS NOT LIABLE IN CIVIL DAMAGES FOR LOSS 12,156
RESULTING FROM ANY ACTION OR FAILURE TO ACT IN COMPLIANCE WITH 12,157
THIS SECTION.
266
Sec. 5505.29. The state highway patrol retirement board 12,166
shall refund the cost of service credit restored under section 12,167
5505.20 or purchased under division (D) of section 5505.16, 12,168
division (C) of section 5505.17, or section 5505.201, 5505.202, 12,170
or 5505.25, 5505.40, OR 5505.402 of the Revised Code to the 12,172
extent the credit does not, or, in the case of a person who 12,173
retired or died prior to the effective date of this section JUNE 12,174
30, 2000, did not, increase the pension provided to the retirant 12,176
or surviving spouse under section 5505.16, 5505.162, 5505.17, or 12,177
5505.18 of the Revised Code. The board shall provide the refund 12,179
to the retirant or surviving spouse. The refund cancels an
equivalent amount of service credit. 12,180
Sec. 5505.34. AS USED IN THIS SECTION, "ALTERNATE PAYEE," 12,182
"BENEFIT," AND "LUMP SUM PAYMENT" HAVE THE SAME MEANINGS AS IN 12,183
SECTION 3105.80 OF THE REVISED CODE.
IF A PERSON WHO IS AN ALTERNATE PAYEE IS PAID ANY AMOUNT 12,185
FROM A BENEFIT OR LUMP SUM PAYMENT UNDER AN ORDER ISSUED UNDER 12,186
SECTION 3105.171 OR 3105.65 OF THE REVISED CODE BY THE STATE 12,187
HIGHWAY PATROL RETIREMENT SYSTEM TO WHICH THE PERSON IS NOT
ENTITLED, THE PERSON SHALL REPAY THE RETIREMENT SYSTEM. IF THE 12,188
PERSON FAILS TO REPAY, THE RETIREMENT SYSTEM SHALL WITHHOLD THE 12,189
AMOUNT DUE FROM ANY PAYMENT DUE THE PERSON UNDER THE ORDER OR MAY 12,190
COLLECT THE AMOUNT IN ANY OTHER MANNER PROVIDED BY LAW. 12,191
Sec. 5505.202 5505.40. (A) As used in this section: 12,200
(1) "Full-time service" means full-time service as defined 12,202
by rule which shall be adopted by the state highway patrol 12,203
retirement board. 12,204
(2) "Qualified contributions MILITARY SERVICE CREDIT" 12,206
means contributions to the public employees retirement system, 12,208
state teachers retirement system, or school employees retirement 12,209
system attributable to full-time service or purchase of credit 12,210
for service in the armed forces of the United States PURCHASED OR 12,213
OBTAINED UNDER THIS CHAPTER OR CHAPTER 145., 3307., OR 3309. OF 12,214
THE REVISED CODE.
267
(B)(1)(a) For purposes of computing the pension payable 12,217
under section 5505.17 or 5505.18 of the Revised Code, a member of 12,218
the state highway patrol retirement system who is a former member 12,219
of the public employees retirement system, school employees 12,220
retirement system, or state teachers retirement system and has 12,222
received a return of contributions from the former retirement 12,224
system shall be given full credit for service credit earned for 12,225
full-time service as a member of the former retirement system or 12,226
purchased for OR OBTAINED AS MILITARY service in the armed forces 12,228
of the United States CREDIT if, for each year of service credit, 12,231
the state highway patrol retirement system receives the sum of 12,232
the following:
(a)(i) An amount, which shall be paid by the member to the 12,235
member's credit in the employees' savings fund, equal to the 12,236
amount received by the member from the former retirement system 12,237
for that year that is attributable to contributions made for 12,238
full-time service and payments for MILITARY SERVICE credit 12,239
purchased for service in the armed forces of the United States, 12,240
plus interest AT A RATE ESTABLISHED BY THE BOARD on that amount 12,241
from the date payment was made to the member by the former 12,242
retirement system to the date the member makes the payment to the 12,244
state highway patrol retirement system;
(b)(ii) IF A MEMBER IS SEEKING CREDIT FOR SERVICE UNDER 12,247
THE PUBLIC EMPLOYEES RETIREMENT SYSTEM, AN AMOUNT, WHICH SHALL BE 12,249
PAID BY THE MEMBER, EQUAL TO THE AMOUNT OF ANY EMPLOYER
CONTRIBUTIONS AND INTEREST ON EMPLOYEE CONTRIBUTIONS THE MEMBER 12,251
RECEIVED UNDER SECTION 145.40 OF THE REVISED CODE; 12,252
(iii) Interest, which shall be transferred by the former 12,255
retirement system, on the amount received by the member that is 12,256
attributable to the year of service from the last day of the year 12,257
for which the service credit was earned or in which the PAYMENT
WAS MADE FOR military service credit was purchased or obtained to 12,259
the date the amount was paid to the member; 12,260
(c)(iv) An amount, which shall be transferred by the 12,262
268
former retirement system, equal to the lesser of the employer's 12,263
qualified contributions to the former retirement system for the 12,264
year of service or the amount that would have been contributed by 12,266
the employer for the year of FULL-TIME service had the member 12,268
been a member of the state highway patrol retirement system AT 12,269
THE TIME THE CREDIT WAS EARNED, with interest on that amount from 12,270
the last day of the year for which the service credit was earned 12,272
or in which PAYMENT WAS MADE FOR military service credit was 12,273
purchased or obtained to the date the transfer is made. 12,274
(b) On receipt of payment from the member, the state 12,277
highway patrol retirement system shall notify the former 12,278
retirement system, which, on receipt of the notice, shall make 12,279
the transfer required by this division. Interest shall be 12,280
determined in accordance with division (E)(F) of this section. 12,281
(c) THE AMOUNT TRANSFERRED UNDER DIVISION (B)(1)(a) OF 12,284
THIS SECTION BY THE PUBLIC EMPLOYEES RETIREMENT SYSTEM SHALL NOT 12,285
INCLUDE ANY AMOUNT OF EMPLOYER CONTRIBUTIONS AND INTEREST ON 12,286
EMPLOYEE CONTRIBUTIONS THE MEMBER RECEIVED UNDER SECTION 145.40 12,287
OF THE REVISED CODE. 12,288
(2) For purposes of computing the pension payable under 12,290
section 5505.17 or 5505.18 of the Revised Code, a member of the 12,293
state highway patrol retirement system who has contributions on 12,295
deposit with the public employees retirement system, school 12,296
employees retirement system, or state teachers retirement system 12,297
shall be given full credit for service credit earned for 12,298
full-time service as a member of that retirement system, any 12,300
service credit purchased for OR OBTAINED AS MILITARY service in 12,301
the armed forces of the United States CREDIT, and any service 12,303
credit obtained under section 145.295, 3307.761, or 3309.381 of 12,305
the Revised Code for service for which contributions were made to 12,306
the Ohio police and fire pension fund. The credit shall be given 12,307
if, for each year of service, the public employees retirement 12,309
system, school employees retirement system, or state teachers 12,310
retirement system transfers to the state highway patrol 12,311
269
retirement system the sum of the following: 12,312
(a) An THE amount equal to the member's qualified 12,315
contributions, CONTRIBUTED BY THE MEMBER OR, IN THE CASE OF 12,316
MILITARY SERVICE, PAID BY THE MEMBER, THAT IS ATTRIBUTABLE TO 12,317
THAT SERVICE;
(b) An amount equal to the lesser of the employer's 12,319
qualified contributions to the public employees retirement 12,320
system, school employees retirement system, or state teachers 12,321
retirement system FOR THE YEAR OF SERVICE or the amount that 12,322
would have been contributed by the employer for the full-time 12,324
service had the member been a member of the state highway patrol 12,325
retirement system AT THE TIME THE CREDIT WAS EARNED; 12,326
(c) An amount equal to any amount received by the 12,328
retirement system under section 145.295, 3307.761, or 3309.351 of 12,329
the Revised Code;
(d) Interest, determined in accordance with division 12,332
(E)(F) of this section, on the amounts specified in divisions 12,333
(B)(2)(a), (b), and (c) of this section from the last day of the 12,334
year for which the service credit in the transferring retirement 12,335
system was earned or in which PAYMENT WAS MADE FOR military 12,336
service credit or service credit under section 145.295, 3307.761, 12,337
or 3309.351 of the Revised Code was purchased or obtained to the 12,339
date the transfer is made.
On receipt of a request from the member, the appropriate 12,342
retirement system shall make the transfer.
(3) For UNLESS SECTION 5505.402 OF THE REVISED CODE 12,344
APPLIES, FOR purposes of computing the pension payable under 12,345
section 5505.17 or 5505.18 of the revised REVISED Code, a member 12,348
of the state highway patrol retirement system who has 12,349
contributions on deposit with the Cincinnati retirement system 12,351
shall be given full credit for service credit earned for 12,352
full-time service as a member of that retirement system or 12,353
purchased from the retirement system for OR OBTAINED AS MILITARY 12,354
service in the armed forces of the United States CREDIT if, for 12,356
270
each year of service credit, the state highway patrol retirement 12,357
system receives the sum of the following: 12,358
(a) An amount, which shall be paid by the member to the 12,361
member's credit in the employees' savings fund, equal to the 12,362
amount withdrawn from the Cincinnati retirement system that is 12,364
attributable to that year of service, with interest on that
amount determined in accordance with division (I)(F) of this 12,365
section from the date of withdrawal to the date of payment; 12,367
(b) Interest, which shall be paid either by the member or 12,370
the Cincinnati retirement system, on the amount withdrawn from 12,371
the Cincinnati retirement system that is attributable to the year 12,372
of service from the last day of the year for which the service
credit was earned or in which the PAYMENT WAS MADE FOR military 12,373
service credit was purchased or obtained to the date the amount 12,374
was withdrawn; 12,375
(c) An amount, which shall be paid either by the member or 12,378
the Cincinnati retirement system, equal to the lesser of the 12,380
amount contributed by the employer EMPLOYER'S CONTRIBUTIONS to 12,381
the Cincinnati retirement system for the year of service or the 12,383
amount that would have been contributed by the employer for the 12,384
year of FULL-TIME service had the member been a member of the 12,386
state highway patrol retirement system AT THE TIME THE CREDIT WAS 12,387
EARNED, with interest on that amount from the last day of the 12,388
year for which the service credit was earned or in which PAYMENT 12,389
WAS MADE FOR military service was purchased or obtained to the 12,390
date the payment is made. 12,391
(C) If a member who is not a current contributor and has 12,393
not received a refund of accumulated contributions elects to 12,395
receive credit under section 145.295, 3307.761, or 3309.351 of 12,396
the Revised Code for service for which the member contributed to 12,398
the state highway patrol retirement system and credit purchased 12,400
for AS MILITARY service in the armed forces of the United States 12,402
CREDIT, the state highway patrol retirement system shall transfer 12,403
to the appropriate retirement system the amount specified in 12,405
271
division (A)(B) of section 145.295, division (A)(B) of section 12,407
3307.761, or division (A)(B) of section 3309.351 3309.73 of the 12,408
Revised Code.
(D)(1) A member is ineligible to purchase or otherwise 12,410
receive credit under this section for service that is used in the 12,411
calculation of any retirement benefit currently being paid or 12,412
that is payable in the future to the member, or service rendered 12,413
concurrently with any other period for which service credit has 12,414
already been granted. 12,415
(2) Except as provided under division (D)(3) of this 12,417
section, no service credit purchased under this section or 12,418
received as a result of a transfer requested under this section 12,419
shall be used to determine any member's eligibility for 12,420
retirement under sections 5505.16 and 5505.17 of the Revised 12,421
Code.
(3) Service credit obtained under this section by a member 12,423
for credit purchased for MILITARY service in the armed forces of 12,424
the United States CREDIT or for service as a state highway patrol 12,426
cadet attending training school pursuant to section 5503.05 of 12,427
the Revised Code shall be used to determine the member's 12,428
eligibility for retirement under sections 5505.16 and 5505.17 of 12,430
the Revised Code.
(4) Subject to rules of the state highway patrol 12,432
retirement system, a member may choose to purchase only part of 12,433
the credit the member is eligible to purchase under division 12,434
(B)(1) or (3) of this section. 12,436
(E) At the request of the state highway patrol retirement 12,438
system, the public employees retirement system, school employees 12,439
retirement system, state teachers retirement system, or 12,440
Cincinnati retirement system shall certify to the state highway 12,442
patrol retirement system a copy of the records of service, 12,443
salary, and contributions of a member who seeks service credit 12,444
under this section.
(F) Interest charged under this section shall be 12,447
272
calculated separately for each year of service credit. UNLESS 12,448
OTHERWISE SPECIFIED IN THIS SECTION, IT SHALL BE CALCULATED at 12,449
the lesser of the actuarial assumption rate for that year of the 12,450
state highway patrol retirement system or of the retirement 12,451
system in which the credit was earned. The interest shall be 12,452
compounded annually.
(G) The state highway patrol retirement system board may 12,454
adopt rules establishing procedures for the purchase of service 12,456
credit or the transfer of contributions under this section. 12,457
Sec. 5505.401. (A) AS USED IN THIS SECTION AND SECTIONS 12,459
5505.402 AND 5505.403 OF THE REVISED CODE, "MILITARY SERVICE 12,460
CREDIT" MEANS CREDIT PURCHASED OR OBTAINED FROM THE STATE HIGHWAY 12,462
PATROL RETIREMENT SYSTEM OR CITY OF CINCINNATI RETIREMENT SYSTEM 12,463
FOR SERVICE IN THE ARMED FORCES OF THE UNITED STATES. 12,464
(B) SERVICE CREDIT AND CONTRIBUTIONS MAY BE TRANSFERRED 12,467
BETWEEN THE STATE HIGHWAY PATROL RETIREMENT SYSTEM AND THE 12,468
CINCINNATI RETIREMENT SYSTEM AS SPECIFIED IN SECTIONS 5505.402 12,469
AND 5505.403 OF THE REVISED CODE IF BOTH OF THE FOLLOWING 12,471
CONDITIONS ARE MET:
(1) THE CINCINNATI CITY COUNCIL AND THE BOARD OF TRUSTEES 12,473
OF THE CINCINNATI RETIREMENT SYSTEM TAKE ALL ACTIONS, INCLUDING 12,475
THE ADOPTION OF ANY ORDINANCE OR RESOLUTION, NECESSARY TO
AUTHORIZE THE TRANSFER OF SERVICE CREDIT AND CONTRIBUTIONS 12,477
BETWEEN THE RETIREMENT SYSTEMS. 12,478
(2) THE STATE HIGHWAY PATROL RETIREMENT SYSTEM AND 12,481
CINCINNATI RETIREMENT SYSTEM, THROUGH THEIR BOARDS OF TRUSTEES, 12,482
ENTER INTO AN AGREEMENT GOVERNING THE TRANSFERS THAT IS 12,483
CONSISTENT WITH THE REQUIREMENTS OF SECTIONS 5505.402 AND 12,484
5505.403 OF THE REVISED CODE AND INCLUDES BOTH OF THE FOLLOWING: 12,485
(a) A PROVISION UNDER WHICH THE RETIREMENT SYSTEMS AGREE 12,487
TO TRANSFER THE AMOUNTS SPECIFIED IN THOSE SECTIONS; 12,488
(b) A PROVISION THAT SPECIFIES AN AMOUNT OF CREDIT THE 12,490
SYSTEM TO WHICH THE TRANSFER IS MADE WILL GRANT FOR A SPECIFIC 12,492
PERIOD OF SERVICE EARNED UNDER THE TRANSFERRING SYSTEM. 12,493
273
(C) THE AMOUNT OF CREDIT SPECIFIED UNDER DIVISION (B)(2) 12,495
OF THIS SECTION MAY BE LESS THAN THE PERSON EARNED FOR A SPECIFIC 12,497
PERIOD OF SERVICE UNDER THE TRANSFERRING SYSTEM. 12,498
(D)(1) THE STATE HIGHWAY PATROL RETIREMENT SYSTEM, THROUGH 12,501
ITS BOARD OF TRUSTEES, AND THE CINCINNATI RETIREMENT SYSTEM, 12,502
ACTING PURSUANT TO THE AUTHORITY GRANTED IT BY THE CINCINNATI 12,503
CITY COUNCIL, MAY DO EITHER OF THE FOLLOWING: 12,504
(a) BY MUTUAL CONSENT, MODIFY THE AGREEMENT DESCRIBED IN 12,507
THIS SECTION;
(b) RESCIND THE AGREEMENT DESCRIBED IN THIS SECTION. 12,509
(2) ANY ACTION TAKEN UNDER DIVISION (D)(1) OF THIS SECTION 12,511
DOES NOT AFFECT ANY TRANSFERS MADE BETWEEN THE SYSTEMS AND GRANTS 12,512
OF CREDIT MADE BY THE SYSTEMS PRIOR TO THE TIME ACTION IS TAKEN. 12,513
(3) RESCINDING OF AN AGREEMENT AS PROVIDED IN DIVISION 12,516
(D)(1)(b) OF THIS SECTION DOES NOT REQUIRE MUTUAL CONSENT. THE 12,517
RETIREMENT SYSTEM THAT RESCINDS THE AGREEMENT MUST PROMPTLY 12,518
NOTIFY THE OTHER.
(E) IF EITHER OF THE CONDITIONS DESCRIBED IN DIVISION (B) 12,521
OF THIS SECTION IS NOT MET, A MEMBER OF THE STATE HIGHWAY PATROL 12,522
RETIREMENT SYSTEM WHO MEETS THE REQUIREMENTS OF SECTION 5505.40 12,523
OF THE REVISED CODE MAY PURCHASE CREDIT UNDER DIVISION (B)(3) OF 12,525
THAT SECTION FOR SERVICE IN THE CINCINNATI RETIREMENT SYSTEM. 12,526
Sec. 5505.402. (A) IF THE CONDITIONS DESCRIBED IN 12,528
DIVISION (B) OF SECTION 5505.401 OF THE REVISED CODE ARE MET, A 12,530
MEMBER OF THE STATE HIGHWAY PATROL RETIREMENT SYSTEM WHO IS NOT 12,532
RECEIVING A PENSION OR BENEFIT FROM THE STATE HIGHWAY PATROL 12,533
RETIREMENT SYSTEM IS ELIGIBLE TO OBTAIN CREDIT FOR SERVICE AS A 12,534
MEMBER OF THE CINCINNATI RETIREMENT SYSTEM UNDER THIS SECTION. 12,536
(B) A MEMBER OF THE STATE HIGHWAY PATROL RETIREMENT 12,538
SYSTEM WHO HAS CONTRIBUTIONS ON DEPOSIT WITH THE CINCINNATI 12,539
RETIREMENT SYSTEM SHALL, IN COMPUTING YEARS OF SERVICE CREDIT, BE 12,540
GIVEN CREDIT FOR SERVICE CREDIT EARNED FOR FULL-TIME SERVICE AS A 12,542
MEMBER OF THE CINCINNATI RETIREMENT SYSTEM OR PURCHASED OR 12,543
OBTAINED AS MILITARY SERVICE CREDIT IF FOR EACH YEAR OF SERVICE,
274
THE CINCINNATI RETIREMENT SYSTEM TRANSFERS TO THE STATE HIGHWAY 12,545
PATROL RETIREMENT SYSTEM THE SUM OF THE FOLLOWING: 12,546
(1) THE AMOUNT, CONTRIBUTED BY THE MEMBER, OR, IN THE CASE 12,548
OF MILITARY SERVICE CREDIT, PAID BY THE MEMBER, THAT IS 12,549
ATTRIBUTABLE TO THAT SERVICE; 12,550
(2) AN AMOUNT EQUAL TO THE LESSER OF THE EMPLOYER'S 12,553
CONTRIBUTIONS TO THE CINCINNATI RETIREMENT SYSTEM FOR THE YEAR OF 12,554
SERVICE OR THE AMOUNT THAT WOULD HAVE BEEN CONTRIBUTED BY THE 12,555
EMPLOYER FOR THE FULL-TIME SERVICE HAD THE MEMBER BEEN A MEMBER 12,557
OF THE STATE HIGHWAY PATROL RETIREMENT SYSTEM AT THE TIME THE 12,558
CREDIT WAS EARNED;
(3) INTEREST ON THE AMOUNTS SPECIFIED IN DIVISIONS (B)(1) 12,560
AND (2) OF THIS SECTION FROM THE LAST DAY OF THE YEAR FOR WHICH 12,561
THE SERVICE CREDIT WAS EARNED OR IN WHICH PAYMENT WAS MADE FOR 12,562
MILITARY SERVICE CREDIT TO THE DATE THE TRANSFER IS MADE. 12,563
(C) A MEMBER OF THE STATE HIGHWAY PATROL RETIREMENT SYSTEM 12,565
WHO HAS RECEIVED A REFUND OF THE MEMBER'S CONTRIBUTIONS TO THE 12,567
CINCINNATI RETIREMENT SYSTEM SHALL, IN COMPUTING YEARS OF
SERVICE, BE GIVEN CREDIT FOR SERVICE CREDIT EARNED FOR FULL-TIME 12,568
SERVICE AS A MEMBER OF THE CINCINNATI RETIREMENT SYSTEM OR 12,569
PURCHASED OR OBTAINED AS MILITARY SERVICE CREDIT IF BOTH OF THE 12,570
FOLLOWING OCCUR:
(1) FOR EACH YEAR OF SERVICE, THE CINCINNATI RETIREMENT 12,572
SYSTEM TRANSFERS TO THE STATE HIGHWAY PATROL RETIREMENT SYSTEM 12,573
THE SUM OF THE FOLLOWING: 12,574
(a) INTEREST ON THE AMOUNT REFUNDED TO THE MEMBER THAT IS 12,576
ATTRIBUTABLE TO THE YEAR OF SERVICE FROM THE LAST DAY OF THE YEAR 12,577
FOR WHICH THE SERVICE CREDIT WAS EARNED OR IN WHICH PAYMENT WAS 12,579
MADE FOR MILITARY SERVICE CREDIT TO THE DATE THE REFUND WAS MADE; 12,581
(b) AN AMOUNT EQUAL TO THE LESSER OF THE EMPLOYER'S 12,583
CONTRIBUTIONS TO THE CINCINNATI RETIREMENT SYSTEM FOR THE YEAR OF 12,584
SERVICE OR THE AMOUNT THAT WOULD HAVE BEEN CONTRIBUTED BY THE 12,586
EMPLOYER FOR THE FULL-TIME SERVICE HAD THE MEMBER BEEN A MEMBER 12,588
OF THE STATE HIGHWAY PATROL RETIREMENT SYSTEM AT THE TIME THE
275
CREDIT WAS EARNED, WITH INTEREST ON THAT AMOUNT FROM THE LAST DAY 12,590
OF THE YEAR FOR WHICH THE SERVICE CREDIT WAS EARNED TO THE DATE 12,591
OF THE TRANSFER.
(2) THE MEMBER PAYS AN AMOUNT EQUAL TO THE AMOUNT REFUNDED 12,593
BY THE CINCINNATI RETIREMENT SYSTEM TO THE MEMBER FOR THAT YEAR 12,594
FOR CONTRIBUTIONS AND PAYMENTS FOR MILITARY SERVICE, WITH 12,595
INTEREST AT A RATE ESTABLISHED BY THE BOARD OF TRUSTEES OF THE 12,596
STATE HIGHWAY PATROL RETIREMENT SYSTEM ON THAT AMOUNT FROM THE 12,597
DATE OF THE REFUND TO THE DATE OF PAYMENT. 12,598
(D) INTEREST CHARGED UNDER THIS SECTION SHALL BE 12,600
CALCULATED SEPARATELY FOR EACH YEAR OF SERVICE CREDIT. UNLESS 12,601
OTHERWISE SPECIFIED IN THIS SECTION, IT SHALL BE CALCULATED AT 12,602
THE LESSER OF THE ACTUARIAL ASSUMPTION RATE FOR THAT YEAR OF THE 12,603
STATE HIGHWAY PATROL RETIREMENT SYSTEM OR THE CINCINNATI 12,604
RETIREMENT SYSTEM. THE INTEREST SHALL BE COMPOUNDED ANNUALLY. 12,605
(E) SUBJECT TO THE RULES OF THE STATE HIGHWAY PATROL 12,607
RETIREMENT SYSTEM, A MEMBER MAY CHOOSE TO PURCHASE ONLY PART OF 12,608
THE CREDIT THE MEMBER IS ELIGIBLE TO PURCHASE UNDER DIVISION (C) 12,609
OF THIS SECTION. 12,610
(F) A MEMBER OF THE STATE HIGHWAY PATROL RETIREMENT SYSTEM 12,612
IS INELIGIBLE TO RECEIVE CREDIT UNDER THIS SECTION FOR SERVICE 12,614
THAT IS USED IN THE CALCULATION OF ANY RETIREMENT BENEFIT 12,615
CURRENTLY PAID OR PAYABLE IN THE FUTURE TO THE MEMBER, OR SERVICE 12,616
RENDERED CONCURRENTLY WITH ANY OTHER PERIOD FOR WHICH SERVICE 12,617
CREDIT HAS ALREADY BEEN GRANTED.
(G) AT THE REQUEST OF THE STATE HIGHWAY PATROL RETIREMENT 12,619
SYSTEM, THE CINCINNATI RETIREMENT SYSTEM SHALL CERTIFY TO THE 12,620
STATE HIGHWAY PATROL RETIREMENT SYSTEM A COPY OF THE RECORDS OF 12,621
SERVICE, SALARY, AND CONTRIBUTIONS OF A MEMBER WHO SEEKS SERVICE 12,622
CREDIT UNDER THIS SECTION.
(H) ON RECEIPT OF PAYMENT FROM THE MEMBER UNDER DIVISION 12,625
(C)(2) OF THIS SECTION, THE STATE HIGHWAY PATROL RETIREMENT
SYSTEM SHALL NOTIFY THE CINCINNATI RETIREMENT SYSTEM. ON RECEIPT 12,626
OF THE NOTICE, THE CINCINNATI RETIREMENT SYSTEM SHALL TRANSFER 12,627
276
THE AMOUNT DESCRIBED IN DIVISION (C)(1) OF THIS SECTION. 12,628
(I) IN ADDITION TO ENTERING INTO AN AGREEMENT WITH THE 12,631
CINCINNATI RETIREMENT SYSTEM UNDER SECTION 5505.401 OF THE 12,632
REVISED CODE, THE STATE HIGHWAY PATROL RETIREMENT SYSTEM MAY 12,634
ADOPT RULES ESTABLISHING PROCEDURES FOR THE PURCHASE OF SERVICE 12,635
CREDIT UNDER THIS SECTION. 12,636
Sec. 5505.403. (A) IF THE CONDITIONS DESCRIBED IN 12,638
DIVISION (B) OF SECTION 5505.401 OF THE REVISED CODE ARE MET AND 12,640
A PERSON WHO IS A MEMBER OR FORMER MEMBER OF THE STATE HIGHWAY 12,643
PATROL RETIREMENT SYSTEM BUT NOT A CURRENT CONTRIBUTOR AND WHO IS 12,644
NOT RECEIVING A PENSION OR BENEFIT FROM THE STATE HIGHWAY PATROL 12,645
RETIREMENT SYSTEM ELECTS TO RECEIVE CREDIT UNDER THE CINCINNATI 12,646
RETIREMENT SYSTEM FOR SERVICE FOR WHICH THE PERSON CONTRIBUTED TO 12,647
THE STATE HIGHWAY PATROL RETIREMENT SYSTEM OR PURCHASED OR 12,648
OBTAINED AS MILITARY SERVICE CREDIT, THE STATE HIGHWAY PATROL 12,649
RETIREMENT SYSTEM SHALL TRANSFER THE AMOUNTS SPECIFIED IN 12,651
DIVISION (B) OR (C) OF THIS SECTION TO THE CINCINNATI RETIREMENT 12,652
SYSTEM.
(B) IF A PERSON HAS NOT RECEIVED A REFUND OF ACCUMULATED 12,654
CONTRIBUTIONS FROM THE STATE HIGHWAY PATROL RETIREMENT SYSTEM, 12,655
THE RETIREMENT SYSTEM SHALL, FOR EACH YEAR OF SERVICE CREDIT, 12,656
TRANSFER TO THE CINCINNATI RETIREMENT SYSTEM THE SUM OF THE 12,657
FOLLOWING: 12,658
(1) AN AMOUNT EQUAL TO THE PERSON'S CONTRIBUTIONS TO THE 12,660
STATE HIGHWAY PATROL RETIREMENT SYSTEM AND PAYMENTS MADE BY THE 12,661
MEMBER FOR MILITARY SERVICE CREDIT; 12,662
(2) AN AMOUNT EQUAL TO THE LESSER OF THE EMPLOYER'S 12,665
CONTRIBUTIONS TO THE STATE HIGHWAY PATROL RETIREMENT SYSTEM FOR
THE YEAR OF SERVICE OR THE AMOUNT THAT WOULD HAVE BEEN 12,667
CONTRIBUTED BY THE EMPLOYER FOR THE SERVICE HAD THE PERSON BEEN A 12,668
MEMBER OF THE CINCINNATI RETIREMENT SYSTEM AT THE TIME THE CREDIT 12,669
WAS EARNED;
(3) INTEREST ON THE AMOUNTS SPECIFIED IN DIVISIONS (B)(1) 12,671
AND (2) OF THIS SECTION FOR THE PERIOD FROM THE LAST DAY OF THE 12,672
277
YEAR FOR WHICH THE SERVICE CREDIT WAS EARNED OR IN WHICH PAYMENT 12,673
WAS MADE FOR MILITARY SERVICE CREDIT TO THE DATE THE TRANSFER WAS 12,674
MADE.
(C) IF THE PERSON HAS RECEIVED A REFUND OF ACCUMULATED 12,676
CONTRIBUTIONS TO THE STATE HIGHWAY PATROL RETIREMENT SYSTEM, THE 12,677
RETIREMENT SYSTEM SHALL, FOR EACH YEAR OF SERVICE CREDIT, 12,678
TRANSFER TO THE CINCINNATI RETIREMENT SYSTEM THE SUM OF THE 12,679
FOLLOWING: 12,680
(1) INTEREST ON THE AMOUNT REFUNDED TO THE FORMER MEMBER 12,682
THAT IS ATTRIBUTABLE TO THE YEAR OF SERVICE FROM THE LAST DAY OF 12,683
THE YEAR FOR WHICH THE SERVICE CREDIT WAS EARNED OR IN WHICH 12,684
PAYMENT WAS MADE FOR MILITARY SERVICE CREDIT TO THE DATE THE 12,686
REFUND WAS MADE;
(2) AN AMOUNT EQUAL TO THE LESSER OF THE EMPLOYER'S 12,689
CONTRIBUTIONS TO THE STATE HIGHWAY PATROL RETIREMENT SYSTEM FOR
THE YEAR OF SERVICE OR THE AMOUNT THAT WOULD HAVE BEEN 12,690
CONTRIBUTED BY THE EMPLOYER FOR THE SERVICE HAD THE PERSON BEEN A 12,691
MEMBER OF THE CINCINNATI RETIREMENT SYSTEM AT THE TIME THE CREDIT 12,692
WAS EARNED, WITH INTEREST ON THAT AMOUNT FROM THE LAST DAY OF THE 12,693
YEAR FOR WHICH THE SERVICE CREDIT WAS EARNED TO THE DATE OF THE 12,695
TRANSFER.
(D) THE AMOUNT TRANSFERRED UNDER DIVISION (C)(1) OF THIS 12,697
SECTION SHALL NOT INCLUDE ANY AMOUNT OF INTEREST THE CINCINNATI 12,700
RETIREMENT SYSTEM PAID TO THE PERSON WHEN IT MADE THE REFUND. 12,701
(E) ON RECEIPT OF NOTICE FROM THE CINCINNATI RETIREMENT 12,703
SYSTEM THAT THE CINCINNATI RETIREMENT SYSTEM HAS RECEIVED PAYMENT 12,704
FROM A PERSON DESCRIBED IN DIVISION (C) OF THIS SECTION, THE 12,705
STATE HIGHWAY PATROL RETIREMENT SYSTEM SHALL TRANSFER THE AMOUNT 12,706
DESCRIBED IN THAT DIVISION. 12,707
(F) INTEREST CHARGED UNDER THIS SECTION SHALL BE 12,709
CALCULATED SEPARATELY FOR EACH YEAR OF SERVICE CREDIT. UNLESS 12,710
OTHERWISE SPECIFIED IN THIS SECTION, IT SHALL BE CALCULATED AT 12,711
THE LESSER OF THE ACTUARIAL ASSUMPTION RATE FOR THAT YEAR OF THE 12,712
STATE HIGHWAY PATROL RETIREMENT SYSTEM OR THE CINCINNATI 12,713
278
RETIREMENT SYSTEM. THE INTEREST SHALL BE COMPOUNDED ANNUALLY. 12,714
(G) THE TRANSFER OF ANY AMOUNT UNDER THIS SECTION CANCELS 12,716
AN EQUIVALENT AMOUNT OF SERVICE CREDIT. 12,717
(H) AT THE REQUEST OF THE CINCINNATI RETIREMENT SYSTEM, 12,719
THE STATE HIGHWAY PATROL RETIREMENT SYSTEM SHALL CERTIFY TO THE 12,721
CINCINNATI RETIREMENT SYSTEM A COPY OF THE RECORDS OF THE SERVICE 12,722
AND CONTRIBUTIONS OF A MEMBER OR FORMER MEMBER OF THE STATE 12,724
HIGHWAY PATROL RETIREMENT SYSTEM WHO ELECTS TO RECEIVE SERVICE 12,725
CREDIT UNDER THE CINCINNATI RETIREMENT SYSTEM. 12,726
(I) IN ADDITION TO ENTERING INTO AN AGREEMENT WITH THE 12,729
CINCINNATI RETIREMENT SYSTEM UNDER SECTION 5505.401 OF THE 12,730
REVISED CODE, THE STATE HIGHWAY PATROL RETIREMENT SYSTEM BOARD 12,732
MAY ADOPT RULES ESTABLISHING PROCEDURES FOR THE TRANSFER OF 12,733
CONTRIBUTIONS UNDER THIS SECTION. 12,734
Section 2. That existing sections 145.23, 145.27, 145.293, 12,737
145.295, 145.31, 145.33, 145.37, 145.38, 145.383, 145.40, 145.43, 12,738
145.45, 145.452, 145.473, 145.49, 145.56, 145.563, 145.58,
148.01, 742.379, 742.41, 742.47, 2907.15, 2921.41, 3111.20, 12,740
3113.21, 3305.01, 3305.02, 3305.03, 3305.04, 3305.05, 3305.051, 12,741
3305.06, 3305.07, 3305.08, 3305.09, 3307.19, 3307.20, 3307.25, 12,742
3307.251, 3307.26, 3307.35, 3307.351, 3307.41, 3307.47, 3307.50, 12,743
3307.501, 3307.54, 3307.56, 3307.562, 3307.563, 3307.57, 3307.58, 12,744
3307.62, 3307.71, 3307.74, 3307.761, 3307.79, 3307.84, 3309.22, 12,745
3309.26, 3309.31, 3309.341, 3309.343, 3309.35, 3309.351, 3309.42, 12,746
3309.44, 3309.46, 3309.66, 3309.70, 5505.01, 5505.04, 5505.202, 12,747
5505.22, and 5505.29 of the Revised Code are hereby repealed. 12,748
Section 3. That Section 4 of Am. Sub. S.B. 82 of the 121st 12,750
General Assembly is hereby repealed. 12,751
Section 4. That Section 6 of Am. Sub. S.B. 144 of the 12,753
123rd General Assembly be amended to read as follows: 12,754
"Sec. 6. (A) As used in this section: 12,756
(1) "(C)(1)(b) election" means an election made under 12,758
division (C)(1)(b) of section 145.38 of the Revised Code as that 12,759
division existed immediately prior to the effective date of this 12,760
279
section SEPTEMBER 14, 2000. 12,761
(2) "Reelected official" means a PERS retirant, as defined 12,763
in section 145.38 of the Revised Code, described in division 12,764
(C)(4) of that section as that division existed immediately prior 12,765
to the effective date of this section SEPTEMBER 14, 2000. 12,767
(B) Notwithstanding division (C) of section 145.38 of the 12,769
Revised Code, a reelected official who on the effective date of 12,770
this section AMENDMENT is subject to a (C)(1)(b) election may 12,771
elect to continue to be subject to that election or elect to 12,773
cease to be subject to that election. AN ELECTION UNDER THIS 12,774
SECTION SHALL BE MADE NOT LATER THAN NINETY DAYS AFTER THE 12,775
EFFECTIVE DATE OF THIS AMENDMENT. A REELECTED OFFICIAL WHO FAILS 12,776
TO MAKE AN ELECTION UNDER THIS SECTION SHALL CONTINUE TO BE
SUBJECT TO THE (C)(1)(b) ELECTION. 12,777
If the reelected official elects to cease to be subject to 12,779
the (C)(1)(b) election, all of the following apply: 12,780
(1) Any forfeiture or suspension required by division 12,782
(C)(2) of section 145.38 of the Revised Code as that division 12,783
existed immediately prior to the effective date of this section 12,785
SEPTEMBER 14, 2000, that exceeds the forfeiture required by 12,786
Section 5 of this act AM. SUB. S.B. 144 OF THE 123rd GENERAL 12,788
ASSEMBLY shall cease on the later of the following: 12,789
(a) The earlier of the date the employment that caused the 12,791
forfeiture and suspension terminates or the date that is two 12,792
months after the date on which the person's retirement allowance 12,793
commenced; 12,794
(b) The effective date of this section SEPTEMBER 14, 2000. 12,797
(2) The ANNUITY PORTION OF THE reelected official's 12,799
retirement allowance that accumulated to the official's credit 12,800
pursuant to division (C) of section 145.38 of the Revised Code 12,802
shall be paid to the official in a single payment as soon as 12,803
possible after the reelected official elects to cease to be 12,804
subject to the (C)(1)(b) election.
(3) ANY CONTRIBUTIONS MADE BY THE REELECTED OFFICIAL 12,806
280
DURING THE PERIOD OF FORFEITURE SHALL BE LEFT ON DEPOSIT WITH THE 12,807
SYSTEM AND USED IN THE CALCULATION OF A BENEFIT. AN OFFICIAL MAY 12,809
CHOOSE TO HAVE THOSE CONTRIBUTIONS USED IN THE CALCULATION OF A 12,810
SUPPLEMENTAL RETIREMENT ALLOWANCE DESCRIBED IN DIVISION (C) OF 12,811
SECTION 145.38 OF THE REVISED CODE OR A BENEFIT DESCRIBED IN 12,813
SECTION 145.384 OF THE REVISED CODE.
(4) For the purpose of division (D) of section 145.38 of 12,815
the Revised Code, the reelected official shall be treated as a 12,816
reemployed retirant who made the election under division 12,817
(C)(1)(a) of section 145.38 of the Revised Code as that division 12,818
existed immediately prior to the effective date of this section 12,820
SEPTEMBER 14, 2000."
Section 5. That existing Section 6 of Am. Sub. S.B. 144 of 12,822
the 123rd General Assembly is hereby repealed. 12,823
Section 6. The actuarial study completed in 1999 by the 12,826
Ohio Retirement Study Council as required by former section 12,827
3305.06 of the Revised Code shall be used to determine any 12,828
necessary adjustments in contributions under that section until 12,829
the next study is completed as required by section 171.07 of the 12,830
Revised Code. 12,831
Section 7. An elective official of the state or a 12,833
political subdivision of this state who, prior to September 14, 12,834
2000, retired independently under Chapter 3307. or 3309. of the 12,835
Revised Code and, on that date, was contributing to the Public 12,836
Employees Retirement System may, on termination of the elected 12,837
service for which the contributions were being made, combine 12,838
service earned under Chapter 145. of the Revised Code and have 12,840
the official's allowance and benefits recalculated under section 12,841
145.37 of the Revised Code. The elective official is eligible 12,842
for an adjusted retirement allowance based on the official's 12,843
total contributions and service credit accrued during all service 12,844
under Chapters 145., 3307., and 3309. of the Revised Code. 12,845
Section 8. The amendments by this act to section 3307.501 12,847
of the Revised Code do not affect any allowance or benefit that 12,848
281
commenced prior to the effective date of this act. 12,849
Section 9. Compliance with the provisions of this act by a 12,851
public retirement program, as defined in section 3105.80 of the 12,852
Revised Code, shall not subject the program to any provisions of 12,853
federal law that do not otherwise apply to a governmental plan, 12,854
as defined under section 414 of the "Internal Revenue Code of 12,855
1986," 100 Stat. 2085, 26 U.S.C.A. 414(d), as amended. 12,856
Section 10. This act applies only to orders issued under 12,858
section 3105.171 or 3105.65 of the Revised Code or modified as 12,859
authorized under section 3105.89 of the Revised Code on or after 12,860
the effective date of this section.
Section 11. The Ohio Retirement Study Council shall have 12,862
prepared a report that examines all of the following with regard 12,863
to Ohio's public retirement programs, as defined in section 12,864
3105.80 of the Revised Code: 12,865
(1) Provision of benefits to a former spouse of a 12,867
retirement system member or retirant; 12,868
(2) Cost and feasibility of offering an optional 12,870
retirement plan of payment that provides for continuing benefits 12,871
after the death of a retirant to more than one beneficiary; 12,872
(3) Cost and feasibility of providing a cost-of-living or 12,874
other post-retirement benefit adjustment to an alternate payee, 12,875
as defined in section 3105.80 of the Revised Code; 12,876
(4) Any other issue related to the division of a 12,878
retirement benefit on termination of marriage. 12,879
Prior to preparing the report, the staff of the Council 12,881
shall consult with the Ohio State Bar Association, Ohio Judicial 12,882
Conference, Ohio Domestic Relations Judges Association, Ohio 12,883
Association of Court Magistrates, and Ohio Academy of Trial 12,884
Lawyers, the Public Employees Retirement System, State Teachers 12,885
Retirement System, School Employees Retirement System, Ohio 12,886
Police and Fire Pension Fund, and State Highway Patrol Retirement 12,887
System, and other organizations that express an interest in 12,888
issues related to the division of marital property. 12,889
282
On completion of the report, but not later than December 12,891
31, 2001, the Council shall submit the report to the chairs of 12,893
the standing committees of the House of Representatives and the 12,894
Senate with primary responsibility for retirement legislation. A 12,895
copy of the report shall be sent to each of the following: the 12,896
Ohio State Bar Association, the Ohio Judicial Conference, the 12,897
Ohio Domestic Relations Judges Association, and the Ohio Academy 12,898
of Trial Lawyers.
Section 12. (A) The State Teachers Retirement Board shall 12,901
recalculate each benefit that is payable on the effective date of 12,902
this section and meets all of the following conditions: 12,903
(1) The benefit is payable under section 3307.58 or 12,905
3307.60 of the Revised Code and became effective on or after July 12,906
1, 1999, but before the effective date of this act. 12,907
(2) The benefit was calculated under division (B)(2)(a) of 12,909
section 3307.58 of the Revised Code on the basis of more than 12,910
thirty years of service credit. 12,911
(3) The calculation of the benefit included service credit 12,913
under section 3307.57 of the Revised Code that was established 12,914
under section 145.30, 145.301, 145.302, 3309.02, 3309.021, or 12,915
3309.022 of the Revised Code. 12,916
(B) The board shall recalculate each benefit described in 12,918
division (A) of this section by multiplying the member's Ohio 12,921
service credit by the sum of the following: 12,922
(1) For each of the first thirty years of Ohio service 12,924
credit, two and two-tenths per cent of the member's final average 12,927
salary or, subject to the limitation described in division (C) of 12,929
this section, two and five-tenths per cent of the member's final 12,930
average salary if the member has thirty-five or more years of 12,931
service credit under section 3307.53, 3307.57, 3307.75, 3307.751, 12,932
3307.752, 3307.761, 3307.77, or 3307.771 of the Revised Code, 12,933
division (A)(2) or (B) of former section 3307.513 of the Revised 12,934
Code, former section 3307.514 of the Revised Code, section 12,935
3307.72 of the Revised Code earned after July 1, 1978, or any 12,936
283
combination of service credit under those sections; 12,937
(2) For each year or fraction of a year of Ohio service 12,939
credit in excess of thirty years, two and two-tenths per cent of 12,941
the member's final average salary or, subject to the limitation 12,943
described in division (C) of this section, if the member has more 12,945
than thirty years service credit under section 3307.53, 3307.57, 12,948
3307.75, 3307.751, 3307.752, 3307.761, 3307.77, or 3307.771 of 12,949
the Revised Code, division (A)(2) or (B) of former section 12,950
3307.513 of the Revised Code, former section 3307.514 of the 12,951
Revised Code, section 3307.72 of the Revised Code earned after 12,953
July 1, 1978, or any combination of service credit under those 12,954
sections, the per cent of final average salary shown in the 12,955
following schedule for each corresponding year or fraction of a 12,957
year of service credit under those sections that is in excess of 12,959
thirty years:
Year Per Year Per 12,962
of Cent of Cent 12,963
Service for that Service for that 12,965
Credit Year Credit Year 12,966
30.01- 31.00 2.5% 37.01- 38.00 3.2% 12,968
31.01- 32.00 2.6 38.01- 39.00 3.3 12,970
32.01-33.00 2.7 12,971
33.01-34.00 2.8 12,972
34.01-35.00 2.9 12,973
35.01-36.00 3.0 12,974
36.01-37.00 3.1 12,975
For purposes of this schedule, years of service credit shall be 12,979
rounded to the nearest one-hundredth of a year.
(C) For purposes of division (B) of this section, a 12,982
percentage of final average salary in excess of two and 12,983
two-tenths per cent shall be applied to service credit under 12,984
section 3307.57 of the Revised Code only if the service credit 12,985
was established under section 145.30, 145.301, 145.302, 145.47, 12,986
742.31, 3309.02, 3309.021, 3309.022, 3309.47, 3309.58, or 5505.15 12,988
284
of the Revised Code or restored under section 145.31, 742.371, 12,989
3309.26, or 5505.20 of the Revised Code.
(D) The recalculated benefit shall be adjusted in 12,991
accordance with division (C) of section 3307.58 of the Revised 12,992
Code and shall not exceed the limitations set forth in division 12,993
(C) of that section. 12,994
(E) If the recalculated benefit is greater than the 12,996
recipient's benefit prior to the recalculation, the board shall 12,997
do both of the following: 12,998
(1) Pay the recalculated benefit; 13,000
(2) Make a one-time payment to the recipient equal to the 13,002
difference between the benefits paid to the recipient between 13,003
July 1, 1999, and the date of the payment and the benefit under 13,004
the recalculation. 13,005
(F) The board shall subtract from any amount payable under 13,007
division (E)(2) of this section any amount the recipient received 13,009
pursuant to Section 6 of Sub. S.B. 190 of the 123rd General 13,010
Assembly.
Section 13. (A) Sections 2, 3, 4, 5, 6, 7, 8, 11, and 14 13,012
and, except as provided in division (B) of this section, Section 13,013
1 of this act shall take effect April 1, 2001. 13,014
(B) The following shall take effect January 1, 2002: 13,016
(1) Sections 145.27, 145.56, 145.563, 145.571, 742.41, 13,018
742.462, 742.47, 742.64, 3105.80, 3105.81, 3105.82, 3105.821, 13,019
3105.83, 3105.84, 3105.85, 3105.86, 3105.87, 3105.88, 3105.89, 13,020
3105.90, 3305.20, 3305.21, 3305.22, 3307.20, 3307.371, 3307.41, 13,021
3307.47, 3309.22, 3309.66, 3309.671, 3309.70, 5505.22, 5505.261, 13,022
and 5505.34, as amended by this act; 13,023
(2) Sections 9 and 10 of this act; 13,025
(3) The amendments made to section 3305.08 of the Revised 13,027
Code by this act that subject any payment, benefit, or other 13,028
right; any contribution; and moneys, investments, and income to 13,029
sections 3105.171 and 3105.65 of the Revised Code; 13,030
(4) The amendments made to division (E) of section 5505.04 13,032
285
of the Revised Code by this act. 13,033
Section 14. Sections 145.33 and 145.49 of the Revised Code 13,035
are presented in this act as composites of the sections as 13,036
amended by both Sub. H.B. 416 and Am. Sub. H.B. 628 of the 123rd 13,037
General Assembly, with the new language of neither of the acts 13,038
shown in capital letters. Sections 145.23 and 145.38 of the 13,039
Revised Code are presented in this act as composites of the 13,040
sections as amended by both Am. Sub. H.B. 628 and Am. Sub. S.B. 13,041
144 of the 123rd General Assembly, with the new language of 13,042
neither of the acts shown in capital letters. This is in 13,044
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be 13,045
harmonized where not substantively irreconcilable and constitutes 13,046
a legislative finding that such are the resulting versions in 13,047
effect prior to the effective date of this act. 13,048