As Passed by the Senate                       1            

123rd General Assembly                                             4            

   Regular Session                             Sub. S. B. No. 144  5            

      1999-2000                                                    6            


 SENATORS JOHNSON-DRAKE-HERINGTON-HOTTINGER-RAY-CARNES-DiDONATO-   8            

                 SPADA-WACHTMANN-GARDNER-MUMPER                    9            


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend sections 145.01, 145.23, 145.31, 145.37,     13           

                145.38, 145.40, 145.43, 3307.41, and 3309.35 and   14           

                to enact sections 145.401, 145.471, 145.472, and   15           

                145.473 of the Revised Code to require the Public  16           

                Employees Retirement System to credit interest on  17           

                a member's contributions and, under certain                     

                conditions, to pay an amount of employer           18           

                contributions on the death of a member or          19           

                withdrawal of a member's contributions.                         




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        21           

      Section 1.  That sections 145.01, 145.23, 145.31, 145.37,    23           

145.38, 145.40, 145.43, 3307.41, and 3309.35 be amended and        24           

sections 145.401, 145.471, 145.472, and 145.473 of the Revised     25           

Code be enacted to read as follows:                                             

      Sec. 145.01.  As used in this chapter:                       34           

      (A)  "Public employee" means:                                36           

      (1)  Any person holding an office, not elective, under the   38           

state or any county, township, municipal corporation, park         39           

district, conservancy district, sanitary district, health          40           

district, metropolitan housing authority, state retirement board,  41           

Ohio historical society, public library, county law library,                    

union cemetery, joint hospital, institutional commissary, state    42           

university, or board, bureau, commission, council, committee,      43           

authority, or administrative body as the same are, or have been,   44           

created by action of the general assembly or by the legislative    45           

                                                          2      


                                                                 
authority of any of the units of local government named in         46           

division (A)(1) of this section, or employed and paid in whole or  47           

in part by the state or any of the authorities named in division   48           

(A)(1) of this section in any capacity not covered by section      50           

742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.                       

      (2)  A person who is a member of the public employees        52           

retirement system and who continues to perform the same or         54           

similar duties under the direction of a contractor who has         55           

contracted to take over what before the date of the contract was   56           

a publicly operated function.  The governmental unit with which                 

the contract has been made shall be deemed the employer for the    57           

purposes of administering this chapter.                            58           

      (3)  Any person who is an employee of a public employer,     60           

notwithstanding that the person's compensation for that            61           

employment is derived from funds of a person or entity other than  62           

the employer.  Credit for such service shall be included as total  63           

service credit, provided that the employee makes the payments      64           

required by this chapter, and the employer makes the payments                   

required by sections 145.48 and 145.51 of the Revised Code.        65           

      In all cases of doubt, the public employees retirement       67           

board shall determine whether any person is a public employee,     68           

and its decision is final.                                                      

      (B)  "Member" means any public employee, other than a        70           

public employee excluded or exempted from membership in the        71           

retirement system by section 145.03, 145.031, 145.032, 145.033,    72           

145.034, 145.035, or 145.38 of the Revised Code.  "Member"         73           

includes a PERS retirant who becomes a member under division                    

(C)(2) of section 145.38 of the Revised Code.  "Member" also       74           

includes a disability benefit recipient.                           75           

      (C)  "Head of the department" means the elective or          77           

appointive head of the several executive, judicial, and            78           

administrative departments, institutions, boards, and commissions  79           

of the state and local government as the same are created and      80           

defined by the laws of this state or, in case of a charter                      

                                                          3      


                                                                 
government, by that charter.                                       81           

      (D)  "Employer" or "public employer" means the state or any  83           

county, township, municipal corporation, park district,            84           

conservancy district, sanitary district, health district,          85           

metropolitan housing authority, state retirement board, Ohio                    

historical society, public library, county law library, union      86           

cemetery, joint hospital, institutional commissary, state medical  87           

college, state university, or board, bureau, commission, council,  88           

committee, authority, or administrative body as the same are, or   89           

have been, created by action of the general assembly or by the     90           

legislative authority of any of the units of local government                   

named in this division not covered by section 3307.01 or 3309.01   91           

of the Revised Code.  In addition, "employer" means the employer   92           

of any public employee.                                                         

      (E)  "Prior service" means all service as a public employee  94           

rendered before January 1, 1935, and all service as an employee    95           

of any employer who comes within the state teachers retirement     96           

system or of the school employees retirement system or of any      97           

other retirement system established under the laws of this state   98           

rendered prior to January 1, 1935, provided that if the employee                

claiming the service was employed in any capacity covered by that  99           

other system after that other system was established, credit for   100          

the service may be allowed by the public employees retirement      101          

system only when the employee has made payment, to be computed on  102          

the salary earned from the date of appointment to the date         103          

membership was established in the public employees retirement                   

system, at the rate in effect at the time of payment, and the      104          

employer has made payment of the corresponding full liability as   105          

provided by section 145.44 of the Revised Code.  "Prior service"   106          

also means all service credited for active duty with the armed     107          

forces of the United States as provided in section 145.30 of the   108          

Revised Code.                                                                   

      If an employee who has been granted prior service credit by  110          

the public employees retirement system for service rendered prior  111          

                                                          4      


                                                                 
to January 1, 1935, as an employee of a board of education         112          

establishes, before retirement, one year or more of contributing   113          

service in the state teachers retirement system or school          114          

employees retirement system, then the prior service ceases to be                

the liability of this system.                                      115          

      If the board determines that a position of any member in     117          

any calendar year prior to January 1, 1935, was a part-time        118          

position, the board shall determine what fractional part of a      119          

year's credit shall be allowed by the following formula:           120          

      (1)  When the member has been either elected or appointed    122          

to an office the term of which was two or more years and for       123          

which an annual salary is established, the fractional part of the  124          

year's credit shall be computed as follows:                        125          

      First, when the member's annual salary is one thousand       127          

dollars or less, the service credit for each such calendar year    128          

shall be forty per cent of a year.                                              

      Second, for each full one hundred dollars of annual salary   130          

above one thousand dollars, the member's service credit for each   131          

such calendar year shall be increased by two and one-half per      132          

cent.                                                                           

      (2)  When the member is paid on a per diem basis, the        134          

service credit for any single year of the service shall be         135          

determined by using the number of days of service for which the    136          

compensation was received in any such year as a numerator and      137          

using two hundred fifty days as a denominator.                                  

      (3)  When the member is paid on an hourly basis, the         139          

service credit for any single year of the service shall be         140          

determined by using the number of hours of service for which the   141          

compensation was received in any such year as a numerator and      142          

using two thousand hours as a denominator.                                      

      (F)  "Contributor" means any person who has an account in    144          

the employees' savings fund created by section 145.23 of the       145          

Revised Code.                                                                   

      (G)  "Beneficiary" or "beneficiaries" means the estate or a  147          

                                                          5      


                                                                 
person or persons who, as the result of the death of a member,     148          

contributor, or retirant, qualify for or are receiving some right  149          

or benefit under this chapter.                                                  

      (H)(1)  "Total service credit," except as provided in        151          

section 145.37 of the Revised Code, means all service credited to  152          

a member of the retirement system since last becoming a member,    153          

including restored service credit as provided by section 145.31    154          

of the Revised Code; credit purchased under sections 145.293 and   155          

145.299 of the Revised Code; all the member's prior service                     

credit; all the member's military service credit computed as       156          

provided in this chapter; all service credit established pursuant  157          

to section 145.297 of the Revised Code; and any other service      158          

credited under this chapter.  In addition, "total service credit"  159          

includes any period, not in excess of three years, during which a  160          

member was out of service and receiving benefits under Chapters                 

4121. and 4123. of the Revised Code.  For the exclusive purpose    161          

of satisfying the service credit requirement and of determining    162          

eligibility for benefits under sections 145.32, 145.33, 145.331,   163          

145.35, 145.36, and 145.361 of the Revised Code, "five or more     164          

years of total service credit" means sixty or more calendar        165          

months of contributing service in this system.                                  

      (2)  "One and one-half years of contributing service         167          

credit," as used in division (B) of section 145.45 of the Revised  168          

Code, also means eighteen or more calendar months of employment    169          

by a municipal corporation that formerly operated its own          170          

retirement plan for its employees or a part of its employees,      171          

provided that all employees of that municipal retirement plan who  172          

have eighteen or more months of such employment, upon              173          

establishing membership in the public employees retirement         174          

system, shall make a payment of the contributions they would have  175          

paid had they been members of this system for the eighteen months  176          

of employment preceding the date membership was established.       177          

When that payment has been made by all such employee members, a    179          

corresponding payment shall be paid into the employers'            180          

                                                          6      


                                                                 
accumulation fund by that municipal corporation as the employer    181          

of the employees.                                                  182          

      (3)  Where a member also is a member of the state teachers   184          

retirement system or the school employees retirement system, or    185          

both, except in cases of retirement on a combined basis pursuant   186          

to section 145.37 of the Revised Code, service credit for any      187          

period shall be credited on the basis of the ratio that                         

contributions to the public employees retirement system bear to    189          

total contributions in all state retirement systems.               190          

      (4)  Not more than one year of credit may be given for any   192          

period of twelve months.                                           193          

      (5)  "Ohio service credit" means credit for service that     195          

was rendered to the state or any of its political subdivisions or  196          

any employer.                                                                   

      (I)  "Regular or current interest" means interest at any     198          

rates for the respective funds and accounts as the public          199          

employees retirement board may determine from time to time,        200          

except as follows:                                                              

      (1)  Subsequent to December 31, 1958, the retirement board   202          

shall discontinue the annual crediting of current interest to the  204          

individual accounts of contributors.  The noncrediting of current  205          

interest shall not affect the rate of interest at retirement       206          

guaranteed under division (I) of this section.                     207          

      (2)  The rate of interest credited on a contributor's        209          

contributions at retirement shall be four per cent per annum,      210          

compounded annually, to and including December 31, 1955; three     211          

per cent per annum, compounded annually, from January 1, 1956, to  212          

and including December 31, 1963; three and one-quarter per cent    213          

per annum, compounded annually, from January 1, 1964, to and       214          

including December 31, 1969; and thereafter four per cent per                   

annum, compounded annually.                                        215          

      In determining the reserve value for the purpose of          217          

computing the amount of the contributor's annuity, the rate of     218          

interest used in the annuity values shall be four per cent per     219          

                                                          7      


                                                                 
annum, compounded annually, for contributors retiring before       220          

October 1, 1956, and after December 31, 1969; three per cent per   221          

annum, compounded annually, for contributors retiring between      223          

October 1, 1956, and December 31, 1963; and three and one-quarter  224          

per cent per annum, compounded annually, for contributors          225          

retiring from January 1, 1964, to December 31, 1969.  Interest on  226          

contributions from contributors within any one calendar year       227          

shall begin on the first day of the calendar year next following   228          

and shall be computed at the end of each calendar year, except in  229          

the case of a contributor who retires before the end of the year.  230          

      (J)  "Accumulated contributions" means the sum of all        232          

amounts credited to a contributor's individual account in the      233          

employees' savings fund together with any current interest         234          

thereon, but does not include the interest adjustment at           235          

retirement CREDITED TO THE CONTRIBUTOR'S ACCOUNT UNDER SECTION     236          

145.471 OR 145.472 OF THE REVISED CODE.                            237          

      (K)(1)  "Final average salary" means the quotient obtained   239          

by dividing by three the sum of the three full calendar years of   240          

contributing service in which the member's earnable salary was     241          

highest, except that if the member has a partial year of           242          

contributing service in the year the member's employment           243          

terminates and the member's earnable salary for the partial year   244          

is higher than for any comparable period in the three years, the   245          

member's earnable salary for the partial year shall be             246          

substituted for the member's earnable salary for the comparable    247          

period during the three years in which the member's earnable       248          

salary was lowest.                                                              

      (2)  If a member has less than three years of contributing   250          

service, the member's final average salary shall be the member's   251          

total earnable salary divided by the total number of years,        252          

including any fraction of a year, of the member's contributing     253          

service.                                                                        

      (3)  For the purpose of calculating benefits payable to a    255          

member qualifying for service credit under division (Z) of this    256          

                                                          8      


                                                                 
section, "final average salary" means the total earnable salary    257          

on which contributions were made divided by the total number of    258          

years during which contributions were made, including any          259          

fraction of a year.  If contributions were made for less than      260          

twelve months, "final average salary" means the member's total     261          

earnable salary.                                                   262          

      (L)  "Annuity" means payments for life derived from          264          

contributions made by a contributor and paid from the annuity and  265          

pension reserve fund as provided in this chapter.  All annuities   266          

shall be paid in twelve equal monthly installments.                267          

      (M)  "Annuity reserve" means the present value, computed     269          

upon the basis of the mortality and other tables adopted by the    270          

board, of all payments to be made on account of any annuity, or    271          

benefit in lieu of any annuity, granted to a retirant as provided  272          

in this chapter.                                                                

      (N)(1)  "Disability retirement" means retirement as          274          

provided in section 145.36 of the Revised Code.                    275          

      (2)  "Disability allowance" means an allowance paid on       277          

account of disability under section 145.361 of the Revised Code.   278          

      (3)  "Disability benefit" means a benefit paid as            280          

disability retirement under section 145.36 of the Revised Code,    281          

as a disability allowance under section 145.361 of the Revised     282          

Code, or as a disability benefit under section 145.37 of the       283          

Revised Code.                                                                   

      (4)  "Disability benefit recipient" means a member who is    285          

receiving a disability benefit.                                    286          

      (O)  "Age and service retirement" means retirement as        288          

provided in sections 145.32, 145.33, 145.331, 145.34, 145.37, and  289          

145.46 of the Revised Code.                                                     

      (P)  "Pensions" means annual payments for life derived from  291          

contributions made by the employer that at the time of retirement  292          

are credited into the annuity and pension reserve fund from the    293          

employers' accumulation fund and paid from the annuity and         294          

pension reserve fund as provided in this chapter.  All pensions    295          

                                                          9      


                                                                 
shall be paid in twelve equal monthly installments.                             

      (Q)  "Retirement allowance" means the pension plus that      297          

portion of the benefit derived from contributions made by the      298          

member.                                                                         

      (R)(1)  Except as otherwise provided in division (R) of      301          

this section, "earnable salary" means all salary, wages, and       302          

other earnings paid to a contributor by reason of employment in a  303          

position covered by the retirement system.  The salary, wages,                  

and other earnings shall be determined prior to determination of   304          

the amount required to be contributed to the employees' savings    305          

fund under section 145.47 of the Revised Code and without regard   306          

to whether any of the salary, wages, or other earnings are         307          

treated as deferred income for federal income tax purposes.        308          

"Earnable salary" includes the following:                                       

      (a)  Payments made by the employer in lieu of salary,        310          

wages, or other earnings for sick leave, personal leave, or        311          

vacation used by the contributor;                                               

      (b)  Payments made by the employer for the conversion of     313          

sick leave, personal leave, and vacation leave accrued, but not    314          

used if the payment is made during the year in which the leave is  316          

accrued, except that payments made pursuant to section 124.383 or  317          

124.386 of the Revised Code are not earnable salary;                            

      (c)  Allowances paid by the employer for full maintenance,   319          

consisting of housing, laundry, and meals, as certified to the     320          

retirement board by the employer or the head of the department     321          

that employs the contributor;                                                   

      (d)  Fees and commissions paid under section 507.09 of the   323          

Revised Code;                                                                   

      (e)  Payments that are made under a disability leave         325          

program sponsored by the employer and for which the employer is    326          

required by section 145.296 of the Revised Code to make periodic   327          

employer and employee contributions;                                            

      (f)  Amounts included pursuant to divisions (K)(3) and (Y)   329          

of this section.                                                                

                                                          10     


                                                                 
      (2)  "Earnable salary" does not include any of the           331          

following:                                                                      

      (a)  Fees and commissions, other than those paid under       333          

section 507.09 of the Revised Code, paid as sole compensation for  334          

personal services and fees and commissions for special services    335          

over and above services for which the contributor receives a       336          

salary;                                                                         

      (b)  Amounts paid by the employer to provide life            338          

insurance, sickness, accident, endowment, health, medical,         339          

hospital, dental, or surgical coverage, or other insurance for     340          

the contributor or the contributor's family, or amounts paid by    341          

the employer to the contributor in lieu of providing the                        

insurance;                                                                      

      (c)  Incidental benefits, including lodging, food, laundry,  343          

parking, or services furnished by the employer, or use of the      344          

employer's property or equipment, or amounts paid by the employer  345          

to the contributor in lieu of providing the incidental benefits;   346          

      (d)  Reimbursement for job-related expenses authorized by    348          

the employer, including moving and travel expenses and expenses    349          

related to professional development;                               350          

      (e)  Payments for accrued but unused sick leave, personal    352          

leave, or vacation that are made at any time other than in the     354          

year in which the sick leave, personal leave, or vacation was      355          

accrued;                                                                        

      (f)  Payments made to or on behalf of a contributor that     357          

are in excess of the annual compensation that may be taken into    358          

account by the retirement system under division (a)(17) of         359          

section 401 of the "Internal Revenue Code of 1986," 100 Stat.      360          

2085, 26 U.S.C.A. 401(a)(17), as amended;                                       

      (g)  Payments made under division (B) or (D) of section      362          

5923.05 of the Revised Code or Section 4 of Substitute Senate      363          

Bill No. 3 of the 119th general assembly;                          364          

      (h)  Anything of value received by the contributor that is   366          

based on or attributable to retirement or an agreement to retire,  367          

                                                          11     


                                                                 
except that payments made on or before January 1, 1989, that are   368          

based on or attributable to an agreement to retire shall be        369          

included in earnable salary if both of the following apply:        370          

      (i)  The payments are made in accordance with contract       372          

provisions that were in effect prior to January 1, 1986;           373          

      (ii)  The employer pays the retirement system an amount      375          

specified by the retirement board equal to the additional          376          

liability resulting from the payments.                             377          

      (3)  The retirement board shall determine by rule whether    379          

any compensation not enumerated in division (R) of this section    380          

is earnable salary, and its decision shall be final.               382          

      (S)  "Pension reserve" means the present value, computed     384          

upon the basis of the mortality and other tables adopted by the    385          

board, of all payments to be made on account of any retirement     386          

allowance or benefit in lieu of any retirement allowance, granted  387          

to a member or beneficiary under this chapter.                                  

      (T)(1)  "Contributing service" means all service credited    389          

to a member of the system since January 1, 1935, for which         390          

contributions are made as required by sections 145.47, 145.48,     391          

and 145.483 of the Revised Code.  In any year subsequent to 1934,  392          

credit for any service shall be allowed by the following formula:  393          

      (a)  For each month for which the member's earnable salary   395          

is two hundred fifty dollars or more, allow one month's credit.    396          

      (b)  For each month for which the member's earnable salary   398          

is less than two hundred fifty dollars, allow a fraction of a      399          

month's credit.  The numerator of this fraction shall be the       400          

earnable salary during the month, and the denominator shall be     401          

two hundred fifty dollars, except that if the member's annual      402          

earnable salary is less than six hundred dollars, the member's                  

credit shall not be reduced below twenty per cent of a year for a  403          

calendar year of employment during which the member worked each    404          

month.  Division (T)(1)(b) of this section shall not reduce any    406          

credit earned before January 1, 1985.                                           

      (2)  Notwithstanding division (T)(1) of this section, an     408          

                                                          12     


                                                                 
elected official who prior to January 1, 1980, was granted a full  409          

year of credit for each year of service as an elected official     410          

shall be considered to have earned a full year of credit for each  411          

year of service regardless of whether the service was full-time    412          

or part-time.  The public employees retirement board has no                     

authority to reduce the credit.                                    413          

      (U)  "State retirement board" means the public employees     415          

retirement board, the school employees retirement board, or the    416          

state teachers retirement board.                                                

      (V)  "Retirant" means any former member who retires and is   418          

receiving a monthly allowance as provided in sections 145.32,      419          

145.33, 145.331, 145.34, and 145.46 of the Revised Code.           420          

      (W)  "Employer contribution" means the amount paid by an     422          

employer as determined by the employer rate including the normal   423          

and deficiency contribution rates.                                 424          

      (X)  "Public service terminates" means the last day for      426          

which a public employee is compensated for services performed for  427          

an employer or the date of the employee's death, whichever occurs  428          

first.                                                                          

      (Y)  When a member has been elected or appointed to an       430          

office, the term of which is two or more years, for which an       431          

annual salary is established, and in the event that the salary of  432          

the office is increased and the member is denied the additional    433          

salary by reason of any constitutional provision prohibiting an                 

increase in salary during a term of office, the member may elect   434          

to have the amount of the member's contributions calculated upon   435          

the basis of the increased salary for the office.  At the          436          

member's request, the board shall compute the total additional     437          

amount the member would have contributed, or the amount by which   438          

each of the member's contributions would have increased, had the   439          

member received the increased salary for the office the member                  

holds.  If the member elects to have the amount by which the       440          

member's contribution would have increased withheld from the       441          

member's salary, the member shall notify the employer, and the     442          

                                                          13     


                                                                 
employer shall make the withholding and transmit it to the                      

retirement system.  A member who has not elected to have that      443          

amount withheld may elect at any time to make a payment to the     444          

retirement system equal to the additional amount the member's      445          

contribution would have increased, plus interest on that           446          

contribution, compounded annually at a rate established by the     447          

board and computed from the date on which the last contribution                 

would have been withheld from the member's salary to the date of   448          

payment.  A member may make a payment for part of the period for   449          

which the increased contribution was not withheld, in which case   450          

the interest shall be computed from the date the last              451          

contribution would have been withheld for the period for which                  

the payment is made.  Upon the payment of the increased            452          

contributions as provided in this division, the increased annual   453          

salary as provided by law for the office for the period for which  454          

the member paid increased contributions thereon shall be used in   455          

determining the member's earnable salary for the purpose of        456          

computing the member's final average salary.                                    

      (Z)  "Five years of service credit," for the exclusive       458          

purpose of satisfying the service credit requirements and of       459          

determining eligibility for benefits under section 145.33 of the   460          

Revised Code, means employment covered under this chapter or       461          

under a former retirement plan operated, recognized, or endorsed                

by the employer prior to coverage under this chapter or under a    462          

combination of the coverage.                                       464          

      (AA)  "Deputy sheriff" means any person who is commissioned  466          

and employed as a full-time peace officer by the sheriff of any    467          

county, and has been so employed since on or before December 31,   468          

1965, and whose primary duties are to preserve the peace, to       469          

protect life and property, and to enforce the laws of this state;  470          

any person who is or has been commissioned and employed as a                    

peace officer by the sheriff of any county since January 1, 1966,  471          

and who has received a certificate attesting to the person's       472          

satisfactory completion of the peace officer training school as    473          

                                                          14     


                                                                 
required by section 109.77 of the Revised Code and whose primary   474          

duties are to preserve the peace, protect life and property, and   475          

enforce the laws of this state; or any person deputized by the                  

sheriff of any county and employed pursuant to section 2301.12 of  476          

the Revised Code as a criminal bailiff or court constable who has  477          

received a certificate attesting to the person's satisfactory      478          

completion of the peace officer training school as required by     479          

section 109.77 of the Revised Code and whose primary duties are    480          

to preserve the peace, protect life and property, and enforce the  481          

laws of this state.                                                             

      (BB)  "Township constable or police officer in a township    483          

police department or district" means any person who is             484          

commissioned and employed as a full-time peace officer pursuant    485          

to Chapter 505. or 509. of the Revised Code, who has received a    486          

certificate attesting to the person's satisfactory completion of                

the peace officer training school as required by section 109.77    487          

of the Revised Code, and whose primary duties are to preserve the  488          

peace, protect life and property, and enforce the laws of this     489          

state.                                                                          

      (CC)  "Drug agent" means any person who is either of the     491          

following:                                                                      

      (1)  Employed full-time as a narcotics agent by a county     493          

narcotics agency created pursuant to section 307.15 of the         494          

Revised Code and has received a certificate attesting to the       495          

satisfactory completion of the peace officer training school as    496          

required by section 109.77 of the Revised Code;                                 

      (2)  Employed full-time as an undercover drug agent as       498          

defined in section 109.79 of the Revised Code and is in            499          

compliance with section 109.77 of the Revised Code.                500          

      (DD)  "Department of public safety enforcement agent" means  502          

a full-time employee of the department of public safety who is     504          

designated under section 5502.14 of the Revised Code as an         506          

enforcement agent and who is in compliance with section 109.77 of  508          

the Revised Code.                                                               

                                                          15     


                                                                 
      (EE)  "Natural resources law enforcement staff officer"      510          

means a full-time employee of the department of natural resources  511          

who is designated a natural resources law enforcement staff        512          

officer under section 1501.013 of the Revised Code and is in       515          

compliance with section 109.77 of the Revised Code.                             

      (FF)  "Park officer" means a full-time employee of the       517          

department of natural resources who is designated a park officer   519          

under section 1541.10 of the Revised Code and is in compliance     520          

with section 109.77 of the Revised Code.                                        

      (GG)  "Forest officer" means a full-time employee of the     522          

department of natural resources who is designated a forest         524          

officer under section 1503.29 of the Revised Code and is in        525          

compliance with section 109.77 of the Revised Code.                             

      (HH)  "Preserve officer" means a full-time employee of the   528          

department of natural resources who is designated a preserve       529          

officer under section 1517.10 of the Revised Code and is in        531          

compliance with section 109.77 of the Revised Code.                533          

      (II)  "Wildlife officer" means a full-time employee of the   535          

department of natural resources who is designated a wildlife       537          

officer under section 1531.13 of the Revised Code and is in        538          

compliance with section 109.77 of the Revised Code.                539          

      (JJ)  "State watercraft officer" means a full-time employee  542          

of the department of natural resources who is designated a state   543          

watercraft officer under section 1547.521 of the Revised Code and  544          

is in compliance with section 109.77 of the Revised Code.          545          

      (KK)  "Park district police officer" means a full-time       547          

employee of a park district who is designated pursuant to section  549          

511.232 or 1545.13 of the Revised Code and is in compliance with   550          

section 109.77 of the Revised Code.                                             

      (LL)  "Conservancy district officer" means a full-time       552          

employee of a conservancy district who is designated pursuant to   554          

section 6101.75 of the Revised Code and is in compliance with      555          

section 109.77 of the Revised Code.                                             

      (MM)  "Municipal police officer" means a member of the       557          

                                                          16     


                                                                 
organized police department of a municipal corporation who is      559          

employed full-time, is in compliance with section 109.77 of the    560          

Revised Code, and is not a member of the Ohio police and fire      561          

pension fund.                                                      562          

      (NN)  "Ohio veterans' home police officer" means any person  565          

who is employed at the Ohio veterans' home as a police officer     566          

pursuant to section 5907.02 of the Revised Code and is in          567          

compliance with section 109.77 of the Revised Code.                             

      (OO)  "Special police officer for a mental health            569          

institution" means any person who is designated as such pursuant   571          

to section 5119.14 of the Revised Code and is in compliance with   572          

section 109.77 of the Revised Code.                                             

      (PP)  "Special police officer for an institution for the     574          

mentally retarded and developmentally disabled" means any person   576          

who is designated as such pursuant to section 5123.13 of the       577          

Revised Code and is in compliance with section 109.77 of the       578          

Revised Code.                                                                   

      (QQ)  "State university law enforcement officer" means any   580          

person who is employed full-time as a state university law         582          

enforcement officer pursuant to section 3345.04 of the Revised     583          

Code and who is in compliance with section 109.77 of the Revised   584          

Code.                                                                           

      (RR)  "Hamilton county municipal court bailiff" means a      586          

person appointed by the clerk of courts of the Hamilton county     588          

municipal court under division (A)(3) of section 1901.32 of the    589          

Revised Code who is employed full-time as a bailiff or deputy      590          

bailiff, who has received a certificate attesting to the person's  591          

satisfactory completion of the peace officer training school as                 

required by division (C) of section 109.77 of the Revised Code,    592          

and whose primary duties are to preserve the peace, to protect     593          

life and property, and to enforce the laws of this state.          594          

      (SS)  Notwithstanding section 2901.01 of the Revised Code,   596          

"law enforcement officer" means a sheriff, deputy sheriff,         598          

township constable or police officer in a township police          599          

                                                          17     


                                                                 
department or district, drug agent, department of public safety    600          

enforcement agent, natural resources law enforcement staff                      

officer, park officer, forest officer, preserve officer, wildlife  602          

officer, state watercraft officer, park district police officer,   603          

conservancy district officer, Ohio veterans' home police officer,  604          

special police officer for a mental health institution, special    605          

police officer for an institution for the mentally retarded and    606          

developmentally disabled, state university law enforcement                      

officer, Hamilton county municipal court bailiff, or municipal     607          

police officer.                                                                 

      (TT)  "Fiduciary" means a person who does any of the         609          

following:                                                         610          

      (1)  Exercises any discretionary authority or control with   612          

respect to the management of the system or with respect to the     613          

management or disposition of its assets;                           614          

      (2)  Renders investment advice for a fee, direct or          616          

indirect, with respect to money or property of the system;         617          

      (3)  Has any discretionary authority or responsibility in    619          

the administration of the system.                                  620          

      (UU)  "Actuary" means an individual who satisfies all of     622          

the following requirements:                                        624          

      (1)  Is a member of the American academy of actuaries;       626          

      (2)  Is an associate or fellow of the society of actuaries;  628          

      (3)  Has a minimum of five years' experience in providing    630          

actuarial services to public retirement plans.                     631          

      Sec. 145.23.  The funds hereby created are the employees'    640          

savings fund, the employers' accumulation fund, the annuity and    641          

pension reserve fund, the income fund, the survivors' benefit      642          

fund, and the expense fund.                                        643          

      (A)  The employees' savings fund is the fund in which shall  645          

be accumulated contributions from the earnable salaries of         646          

contributors for the purchase of annuities or retirement           647          

allowances.                                                        648          

      The accumulated contributions of a contributor returned to   650          

                                                          18     


                                                                 
him THE CONTRIBUTOR upon his withdrawal, or paid to his THE        652          

CONTRIBUTOR'S estate or designated beneficiary in the event of     653          

his death, shall be paid from the employees' savings fund.  Any    654          

accumulated contributions forfeited by failure of a member, or     655          

his A MEMBER'S estate, to claim the same, shall be transferred     657          

from the employees' savings fund to the income fund.  The          658          

accumulated contributions of a contributor shall be transferred    659          

from the employees' savings fund to the annuity and pension        660          

reserve fund in the event of his THE CONTRIBUTOR'S retirement.     661          

      (B)  The employers' accumulation fund is the fund in which   663          

shall be accumulated the reserves for the payment of all pensions  664          

and disability benefits payable as provided in this chapter.  The  665          

amounts paid by the state of Ohio and by any employer defined in   666          

division (A) of section 145.01 of the Revised Code because of the  667          

normal contributions and deficiency contributions shall be         668          

credited to the employers' accumulation fund.                      669          

      Any payments made into the employers' accumulation fund by   671          

a member as provided in section 145.31 of the Revised Code shall   672          

be refunded to such member under the conditions specified in       673          

section 145.40 of the Revised Code.                                674          

      Upon the retirement of a contributor, the full amount of     676          

his THE CONTRIBUTOR'S pension reserve shall be transferred from    677          

the employers' accumulation fund to the annuity and pension        679          

reserve fund.                                                                   

      (C)  The annuity and pension reserve fund is the fund from   681          

which shall be paid all pensions, disability benefits, annuities,  682          

and benefits in lieu thereof, because of which reserves have been  683          

transferred from the employees' savings fund and the employers'    684          

accumulation fund.                                                 685          

      Any contributor may deposit in the employees' savings fund,  687          

subject to rules established from time to time by the public       688          

employees retirement board, such amounts as he THE CONTRIBUTOR     689          

desires, and, at the time of age and service retirement, shall     691          

receive in return therefor, at his THE CONTRIBUTOR'S option,       692          

                                                          19     


                                                                 
either an annuity having a reserve equal to the amount deposited   694          

or a cash refund of such amounts together with such interest as    695          

may have been allowed by the public employees retirement board at  696          

the end of each calendar year.  Such deposits for additional       697          

annuity together with such interest as may have been allowed by    698          

the public employees retirement board at the end of each calendar  699          

year shall be refunded in the event of death prior to retirement   700          

or withdrawal of accumulated contributions as provided in          701          

sections 145.40 and 145.43 of the Revised Code or upon             702          

application of the contributor prior to age and service            703          

retirement.                                                                     

      FOR DEPOSITS RECEIVED IN A CALENDAR YEAR, INTEREST SHALL BE  706          

EARNED BEGINNING ON THE FIRST DAY OF THE CALENDAR YEAR NEXT                     

FOLLOWING AND ENDING ON THE LAST DAY OF THAT YEAR, EXCEPT THAT IN  708          

THE CASE OF A PAYMENT UNDER THIS DIVISION MADE PRIOR TO THE LAST   710          

DAY OF A YEAR, INTEREST SHALL BE EARNED ENDING ON THE LAST DAY OF  711          

THE MONTH PRIOR TO THE DATE OF PAYMENT.  THE BOARD SHALL CREDIT    712          

INTEREST AT THE END OF THE CALENDAR YEAR IN WHICH IT IS EARNED.    713          

      (D)  The income fund is the fund from which interest is      715          

transferred and credited on the amounts in the funds described in  716          

divisions (B), (C), and (F) of this section, and is a contingent   717          

fund from which the special requirements of the funds may be paid  718          

by transfer from this fund.  All income derived from the           719          

investment of funds by the public employees retirement board as    720          

trustee under section 145.11 of the Revised Code, together with    721          

all gifts and bequests, or the income therefrom, shall be paid     722          

into this fund.                                                    723          

      Any deficit occurring in any other fund that will not be     725          

covered by payments to that fund, as otherwise provided in         726          

Chapter 145. of the Revised Code, shall be paid by transfers of    727          

amounts from the income fund to such fund or funds.  If the        728          

amount in the income fund is insufficient at any time to meet the  729          

amounts payable therefrom, the amount of the deficiency, with      730          

regular interest, shall be paid by an additional employer rate of  731          

                                                          20     


                                                                 
contributions as determined by the actuary, not to exceed          732          

fourteen per cent, and the amount of the additional employer       733          

contribution shall be credited to the income fund.                 734          

      The public employees retirement board may accept gifts and   736          

bequests.  Any funds that may come into possession of the public   737          

employees retirement board in this manner, or which may be         738          

transferred from the employees' savings fund by reason of lack of  739          

a claimant, or any surplus in any fund created by this section,    740          

or any other funds whose disposition is not otherwise provided     741          

for, shall be credited to the income fund.                         742          

      (E)  The expense fund is the fund from which shall be paid   744          

the expenses of the administration of this chapter, exclusive of   745          

amounts payable as retirement allowances and as other benefits.    746          

      (F)  The survivors' benefit fund is the fund from which      748          

shall be paid dependent survivor benefits provided by section      749          

145.45 of the Revised Code.                                        750          

      Sec. 145.31.  Except as provided in this section, a member   759          

or former member of the public employees retirement system with    761          

at least eighteen months of contributing service credit in this    762          

system, the state teachers retirement system, the school           763          

employees retirement system, the Ohio police and fire pension      765          

fund, or the state highway patrol retirement system, after the     766          

withdrawal of ACCUMULATED contributions and cancellation of        767          

service credit in this system, may restore such service credit by  769          

redepositing in the employees' savings fund the amount withdrawn,  770          

with interest on such amount compounded annually at a rate to be   771          

determined by the public employees retirement board from the       772          

first day of the month of withdrawal to and including the month    773          

of redeposit.  The AMOUNT REDEPOSITED SHALL BE CREDITED AS         774          

FOLLOWS:                                                                        

      (A)  THE AMOUNT THAT EQUALS THE AMOUNT, IF ANY, INCLUDED     776          

UNDER SECTION 145.401 OF THE REVISED CODE IN THE WITHDRAWAL OF     778          

ACCUMULATED CONTRIBUTIONS UNDER SECTION 145.40 OF THE REVISED      779          

CODE SHALL BE CREDITED TO THE EMPLOYERS' ACCUMULATION FUND.        780          

                                                          21     


                                                                 
      (B)  THE REMAINING AMOUNT SHALL BE CREDITED TO THE MEMBER'S  782          

ACCOUNT IN THE EMPLOYEES' SAVINGS FUND.                            783          

      THE member may choose to purchase only part of such credit   786          

in any one payment, subject to board rules.  The EXCEPT FOR ANY    788          

AMOUNT INCLUDED UNDER SECTION 145.401 OF THE REVISED CODE IN THE   789          

WITHDRAWAL OF ACCUMULATED CONTRIBUTIONS UNDER SECTION 145.40 OF    790          

THE REVISED CODE, THE total payment to restore canceled service    792          

credit, plus any interest credited thereto, shall be considered    793          

as accumulated contributions of the member.  If a former member    794          

is eligible to buy the service credit as a member of the Ohio      795          

police and fire pension fund or state highway patrol retirement    797          

system, the former member is ineligible to restore that service                 

credit under this section.                                         798          

      Any employee who has been refunded the employee's            800          

accumulated contributions to the public employees retirement       801          

system solely by reason of membership in a former firemen's        802          

relief and pension fund or a former police relief and pension      803          

fund may restore membership in the public employees retirement     804          

system by redepositing with the system the amount refunded, with   805          

interest on such amount compounded annually at a rate to be        806          

determined by the board from the month of refund to and including  807          

the month of redeposit.  The member may choose to purchase only    808          

part of such credit in any one payment, subject to board rules.    809          

      Sec. 145.37.  (A)  As used in this section:                  819          

      (1)  "State retirement system" means the public employees    821          

retirement system, school employees retirement system, or state    822          

teachers retirement system.                                        823          

      (2)  "Total service credit" means all service credit earned  825          

in the state retirement systems, except credit for service         826          

subject to section 145.38 of the Revised Code.  Total service      827          

credit shall not exceed one year of credit for any twelve-month    828          

period.                                                            829          

      (3)  In addition to the meaning given in division (N) of     831          

section 145.01 of the Revised Code, "disability benefit" means     832          

                                                          22     


                                                                 
"disability benefit" as defined in sections 3307.01 and 3309.01    833          

of the Revised Code.                                               834          

      (B)  To coordinate and integrate membership in the state     836          

retirement systems, the following provisions apply:                837          

      (1)  At the option of a member, total contributions and      839          

service credit in all state retirement systems, including amounts  840          

paid to restore service credit under sections 145.311, 3307.282,   841          

and 3309.261 of the Revised Code, shall be used in determining     843          

the eligibility and total retirement or disability benefit         844          

payable.  When total contributions and service credit are so       845          

combined, the following provisions apply:                                       

      (a)  Age and service retirement or disability benefits are   847          

effective on the first day of the month immediately following the  848          

later of:                                                          849          

      (i)  The last day for which compensation was paid;           851          

      (ii)  The attainment of minimum age or service credit        853          

eligibility for benefits provided under this section.              854          

      (b)  In determining eligibility for a disability benefit,    856          

the medical examiner's report to the retirement board of any       857          

state retirement system, showing that the member's disability      858          

incapacitates the member for the performance of duty, may be       859          

accepted by the state retirement boards as sufficient for          861          

granting a disability benefit.                                     862          

      (c)  The state retirement system in which the member had     864          

the greatest service credit, without adjustment, shall determine   865          

and pay the total retirement or disability benefit.  Where the     866          

member's credit is equal in two or more state retirement systems,  868          

the system having the largest total contributions of the member    869          

shall determine and pay the total benefit.                         870          

      (d)  In determining the total credit to be used in           872          

calculating a retirement or disability benefit, credit shall not   873          

be reduced below that certified by the system or systems           874          

transferring credit, except that such total combined service       875          

credit shall not exceed one year of credit for any one "year" as   876          

                                                          23     


                                                                 
defined in the law of the system making the calculation.           877          

      (e)  The state retirement system determining and paying a    879          

retirement or disability benefit shall receive from the other      880          

system or systems the member's refundable account at retirement    881          

or the effective date of a disability benefit plus an equal        882          

amount from the employer's EMPLOYERS' accumulation fund EQUAL TO   884          

THE MEMBER'S REFUNDABLE ACCOUNT LESS INTEREST CREDITED UNDER       885          

SECTION 145.471, 145.472, OR 3307.80 OF THE REVISED CODE.          886          

      (i)  The annuity rates and mortality tables of the state     888          

retirement system making the calculation and paying the benefit    889          

shall be exclusively applicable.                                   890          

      (ii)  Deposits made for the purpose of an additional         892          

annuity, and including guaranteed interest, upon the request of    893          

the member, shall be transferred to the state retirement system    894          

paying the benefit.  The return upon such deposits shall be that   895          

offered by the state retirement system making the calculation and  896          

paying the benefit.                                                897          

      (2)  A former member receiving a retirement or disability    899          

benefit under this section, who accepts employment amenable to     900          

coverage in any state retirement system that participated in the   901          

former member's combined benefit, shall be subject to the          903          

applicable provisions of law governing such re-employment.  If     904          

the former member is subject to section 3307.381 of the Revised    905          

Code and exceeds the limits on re-employment established by that   906          

section, the state retirement system paying a combined benefit     907          

shall terminate the entire pension portion of the benefit for the  908          

period of re-employment that exceeds the limit in that section.    909          

If a former member should be paid any amount in a retirement       910          

benefit, to which the former member is not entitled under the      911          

applicable provisions of law governing such re-employment, such    913          

amount shall be recovered by the state retirement system paying    914          

such benefit by utilizing any recovery procedure available under   915          

the code provisions of the state retirement system covering such   916          

re-employment.                                                                  

                                                          24     


                                                                 
      (C)  A PERS retirant or other system retirant, as defined    918          

in section 145.38 of the Revised Code, is not eligible to receive  919          

any benefit under this section for service subject to section      920          

145.38 of the Revised Code.                                        921          

      Sec. 145.38.  (A)  As used in this section:                  931          

      (1)  "PERS retirant" means a former member of the public     933          

employees retirement system who is receiving either of the         934          

following:                                                                      

      (a)  Age and service retirement benefits under section       936          

145.32, 145.33, 145.331, 145.34, or 145.46 of the Revised Code;    937          

      (b)  Age and service retirement benefits paid by the public  939          

employees retirement system under section 145.37 of the Revised    940          

Code.                                                              941          

      (2)  "Other system retirant" means both of the following:    943          

      (a)  A member or former member of the Ohio police and        945          

firemen's fire pension fund, state teachers retirement system,     946          

school employees retirement system, state highway patrol           947          

retirement system, or Cincinnati retirement system who is          948          

receiving age and service or commuted age and service retirement   949          

benefits or a disability benefit from a system of which the        950          

person is a member or former member;                               951          

      (b)  A member or former member of the public employees       953          

retirement system who is receiving age and service retirement      954          

benefits or a disability benefit under section 145.37 of the       955          

Revised Code paid by the school employees retirement system or     956          

the state teachers retirement system.                              957          

      (B)(1)  Subject to this section, a PERS retirant or other    959          

system retirant may be employed by a public employer.  If so       960          

employed, the PERS retirant or other system retirant shall         961          

contribute to the public employees retirement system in            962          

accordance with section 145.47 of the Revised Code, and the        963          

employer shall make contributions in accordance with section       964          

145.48 of the Revised Code.                                        965          

      (2)  A public employer that employs a PERS retirant or       967          

                                                          25     


                                                                 
other system retirant, or enters into a contract for services as   968          

an independent contractor with a PERS retirant who was employed    969          

by the public employer at the time of the retirant's retirement    971          

shall notify the retirement board of the employment or contract                 

not later than the end of the month in which the employment or     972          

contract commences.  Any overpayment of benefits to a PERS         973          

retirant by the retirement system resulting from delay or failure  974          

of the employer to give the notice shall be repaid to the          975          

retirement system by the employer.                                 976          

      (3)  On receipt of notice from a public employer that a      978          

person who is an other system retirant has been employed, the      979          

retirement system shall notify the retirement system of which the  980          

other system retirant was a member of such employment.             981          

      (4)(a)  A PERS retirant who has received a retirement        983          

allowance for less than six months when employment subject to      984          

this section commences shall forfeit the retirement allowance for  985          

the period that begins on the date the employment commences and    986          

ends on the date that is six months after the date on which the    987          

retirement allowance commenced.  Service and contributions for     988          

that period shall not be included in calculation of any benefits   989          

payable to the PERS retirant and those contributions shall be      990          

refunded on the retirant's death or termination of the             991          

employment.  For purposes of this division, "employment" shall     992          

include service for which the retirant or the retirant's           993          

employer, or both, have waived any earnable salary for such        994          

service.                                                                        

      (b)  An other system retirant who has received a retirement  996          

allowance or disability benefit for less than two months when      998          

employment subject to this section commences shall forfeit the     999          

retirement allowance or disability benefit for the period that     1,000        

begins on the date the employment commences and ends on the date   1,001        

that is two months after the date on which the retirement          1,002        

allowance or disability benefit commenced.  Service and            1,003        

contributions for that period shall not be included in the                      

                                                          26     


                                                                 
calculation of any benefits payable to the other system retirant   1,004        

and those contributions shall be refunded on the retirant's death  1,006        

or termination of the employment.                                               

      (5)  On receipt of notice from the Ohio police and fire      1,009        

pension fund, school employees retirement system, or state         1,011        

teachers retirement system of the re-employment of a PERS          1,012        

retirant, the public employees retirement system shall not pay,                 

or if paid, shall recover, the amount to be forfeited by the PERS  1,013        

retirant in accordance with section 742.26, 3307.381, or 3309.341  1,014        

of the Revised Code.                                               1,015        

      (6)  A PERS retirant who enters into a contract to provide   1,017        

services as an independent contractor to the employer by which     1,018        

the retirant was employed at the time of retirement or, less than  1,020        

two months after the retirement allowance commences, begins                     

providing services as an independent contractor pursuant to a      1,021        

contract with another public employer, shall forfeit the pension   1,022        

portion of the retirement benefit for the period beginning the     1,023        

first day of the month following the month in which the services   1,024        

begin and ending on the first day of the month following the       1,025        

month in which the services end.  The annuity portion of the       1,026        

retirement allowance shall be suspended on the day services under  1,027        

the contract begin and shall accumulate to the credit of the       1,028        

retirant to be paid in a single payment after services provided    1,029        

under the contract terminate.  A PERS retirant subject to          1,030        

division (B)(6) of this section shall not contribute to the        1,031        

retirement system and shall not become a member of the system.     1,032        

      (C)(1)  Except as provided in division (C)(4) of this        1,034        

section, a PERS retirant employed pursuant to this section shall   1,036        

elect one of the following:                                                     

      (a)  To receive both compensation for the employment and a   1,039        

retirement allowance;                                                           

      (b)  To receive compensation for the employment and forfeit  1,042        

the pension portion of the retirement allowance.                                

      (2)  A PERS retirant who is described in division (C)(4) of  1,045        

                                                          27     


                                                                 
this section or elects to forfeit the pension portion of the       1,046        

retirement allowance under division (C)(1)(b) of this section      1,047        

shall become a new member of the public employees retirement       1,048        

system with all the rights, privileges, and obligations of         1,049        

membership, except that the new membership does not include        1,050        

survivor benefits provided pursuant to section 145.45 of the       1,051        

Revised Code OR ANY AMOUNT CALCULATED UNDER SECTION 145.401 OF     1,052        

THE REVISED CODE.  The pension portion of the PERS retirant's                   

retirement allowance shall cease on the first day of the first     1,053        

month following commencement of the employment and shall           1,054        

thereafter be forfeited until the first day of the first month     1,055        

following termination of the employment.  The annuity portion of   1,056        

the retirement allowance shall be suspended on the first day of    1,057        

the first month following commencement of the employment and       1,058        

shall thereafter accumulate to the credit of the PERS retirant to  1,059        

be paid in a single payment after termination of the employment.   1,060        

The retirement allowance shall resume on the first day of the      1,061        

first month following termination of the employment.  On           1,062        

termination of the employment, the PERS retirant shall elect to    1,063        

receive either a refund of the retirant's contributions to the     1,065        

retirement system during the period of employment subject to this  1,066        

section or a supplemental retirement allowance based on the        1,067        

retirant's contributions and service credit for that period of     1,068        

employment.                                                                     

      (3)  Except as provided in division (B)(4) of this section,  1,070        

there shall be no suspension or forfeiture of any portion of the   1,071        

retirement allowance payable to other system retirants or to PERS  1,072        

retirants who make an election under division (C)(1)(a) of this    1,073        

section.                                                           1,074        

      (4)  A PERS retirant shall elect division (C)(1)(b) of this  1,077        

section if both of the following apply:                                         

      (a)  The retirant held elective office in this state, or in  1,079        

any municipal corporation, county, or other subdivision of this    1,080        

state at the time of retirement under Chapter 145. of the Revised  1,081        

                                                          28     


                                                                 
Code;                                                                           

      (b)  The retirant was elected or appointed to the same       1,083        

office for the remainder of the term or the term immediately       1,084        

following the term during which the retirement occurred.           1,085        

      (D)(1)  On termination of employment under this section,     1,087        

the PERS retirant who makes an election under division (C)(1)(a)   1,088        

of this section or other system retirant may file an application   1,089        

with the public employees retirement system for a benefit under    1,090        

this division, which shall consist of a single life annuity        1,091        

having a reserve equal to the amount of the retirant's             1,092        

accumulated contributions for the period of employment and an      1,093        

equal amount of the employer's contributions.  The PERS retirant   1,094        

or other system retirant shall elect either to receive the         1,095        

benefit as a monthly annuity for life or a lump-sum payment        1,096        

discounted to the present value using the current actuarial        1,097        

assumption rate of interest, except that if the monthly annuity    1,098        

would be less than twenty-five dollars per month, the retirant     1,099        

shall receive a lump-sum payment.                                  1,100        

      (2)  A benefit payable under this division shall commence    1,102        

on the latest of the following:                                    1,103        

      (a)  The last day for which compensation for employment      1,105        

subject to this section was paid;                                  1,106        

      (b)  Attainment by the PERS retirant or other system         1,108        

retirant of age sixty-five;                                        1,109        

      (c)  If the PERS retirant or other system retirant was       1,111        

previously employed under this section and is receiving or         1,112        

previously received a benefit under this division, completion of   1,113        

a period of twelve months since the effective date of the last     1,114        

benefit under this division.                                       1,115        

      (3)(a)  If a PERS retirant or other system retirant dies     1,117        

while employed in employment subject to this section, a lump-sum   1,118        

payment calculated in accordance with division (D)(1) of this      1,119        

section shall be paid to the retirant's beneficiary under          1,120        

division (G) of this section.                                      1,121        

                                                          29     


                                                                 
      (b)  If at the time of death a PERS retirant or other        1,123        

system retirant receiving a monthly annuity has received less      1,124        

than the retirant would have received as a lump-sum payment, the   1,126        

difference between the amount received and the amount that would   1,127        

have been received as a lump-sum payment shall be paid to the      1,128        

retirant's beneficiary under division (G) of this section.         1,129        

      (4)(a)  A PERS retirant or other system retirant subject to  1,131        

this division is not a member of the public employees retirement   1,132        

system, does not have any of the rights, privileges, or            1,133        

obligations of membership, except as specified in this section,    1,134        

and, except as specified in division (D)(4)(b) of this section,    1,135        

is not eligible to receive health, medical, hospital, or surgical  1,136        

benefits under section 145.58 of the Revised Code for employment   1,137        

subject to this section.  No amount received under this division   1,138        

shall be included in determining an additional benefit under       1,139        

section 145.323 of the Revised Code or any other post-retirement   1,140        

benefit increase.                                                  1,141        

      (b)  A PERS retirant who makes an election under division    1,143        

(C)(1)(a) of this section shall receive primary health, medical,   1,144        

hospital, or surgical insurance coverage from the retirant's       1,145        

employer, if the employer provides coverage to other employees     1,146        

performing comparable work.  Neither the employer nor the PERS     1,147        

retirant may waive the employer's coverage, except that the PERS   1,148        

retirant may waive the employer's coverage if the retirant has     1,149        

coverage comparable to that provided by the employer from a        1,150        

source other than the employer or the public employees retirement  1,151        

system.  If a claim is made, the employer's coverage shall be the  1,152        

primary coverage and shall pay first.  The benefits provided       1,153        

under section 145.58 of the Revised Code shall pay only those      1,154        

medical expenses not paid through the employer's coverage or       1,155        

coverage the PERS retirant receives through a source other than    1,156        

the retirement system.                                             1,157        

      (E)  If the disability benefit of an other system retirant   1,159        

employed under this section is terminated, the retirant shall      1,160        

                                                          30     


                                                                 
become a member of the public employees retirement system,         1,161        

effective on the first day of the month next following the         1,162        

termination with all the rights, privileges, and obligations of    1,163        

membership.  If such person, after the termination of the          1,164        

disability benefit, earns two years of service credit under this   1,165        

system or under the Ohio police and fire pension fund, state       1,167        

teachers retirement system, school employees retirement system,    1,168        

or state highway patrol retirement system, the person's prior      1,169        

contributions as an other system retirant under this section       1,170        

shall be included in the person's total service credit as a        1,171        

public employees retirement system member, and the person shall    1,172        

forfeit all rights and benefits of this section.  Not more than    1,173        

one year of credit may be given for any period of twelve months.   1,174        

      (F)  A PERS retirant who performs services for a public      1,176        

employer as an independent contractor pursuant to a contract with  1,177        

the employer shall not make contributions to the public employees  1,178        

retirement system or become a member of the system.  Except as     1,179        

provided in division (B)(6) of this section, there shall be no     1,180        

suspension or forfeiture of the retirant's retirement allowance.   1,181        

      (G)  A PERS retirant or other system retirant employed       1,183        

under this section may designate one or more persons as            1,184        

beneficiary to receive any benefits payable under this section     1,185        

due to death.  The designation shall be in writing duly executed   1,187        

on a form provided by the public employees retirement board,       1,188        

signed by the PERS retirant or other system retirant, and filed    1,189        

with the board prior to death.  The last designation of a          1,190        

beneficiary revokes all previous designations.  The PERS                        

retirant's or other system retirant's marriage, divorce, marriage  1,191        

dissolution, legal separation, withdrawal of account, birth of a   1,193        

child, or adoption of a child revokes all previous designations.   1,194        

If there is no designated beneficiary, the beneficiary is the      1,195        

beneficiary determined under division (D) of section 145.43 of     1,196        

the Revised Code.  If any benefit payable under this section due   1,197        

to the death of a PERS retirant or other system retirant is not    1,198        

                                                          31     


                                                                 
claimed by a beneficiary within five years after the death, the    1,199        

amount payable shall be transferred to the income fund and         1,200        

thereafter paid to the beneficiary or the estate of the PERS       1,201        

retirant or other system retirant on application to the board.                  

      (H)  This section does not affect the receipt of benefits    1,203        

by or eligibility for benefits of any person who on August 20,     1,204        

1976, was receiving a disability benefit or service retirement     1,205        

pension or allowance from a state or municipal retirement system   1,206        

in Ohio and was a member of any other state or municipal           1,207        

retirement system of this state.                                   1,208        

      (I)  The public employees retirement board may adopt rules   1,210        

to carry out this section.                                         1,211        

      Sec. 145.40.  (A)  Subject to the provisions of section      1,221        

145.57 of the Revised Code, if a member elects to become exempt    1,222        

from contribution to the public employees retirement system        1,223        

pursuant to section 145.03 of the Revised Code or ceases to be a   1,224        

public employee for any cause other than death, retirement,        1,225        

receipt of a disability benefit, or election of an alternative     1,226        

retirement plan under section 3305.05 of the Revised Code, upon    1,227        

application the public employees retirement board shall pay the    1,229        

member the accumulated contributions standing to the credit of     1,230        

the member's individual account in the employees' savings fund,    1,232        

plus any principal payment and interest on it the member may have  1,233        

made to purchase additional service credit under this chapter or   1,235        

Section 4 of Substitute Senate Bill 138 of the 117th general       1,236        

assembly, AND PLUS ANY APPLICABLE AMOUNT CALCULATED UNDER SECTION  1,237        

145.401 OF THE REVISED CODE, provided that all the following       1,238        

apply:                                                                          

      (1)  Three months have elapsed since the member's public     1,241        

service, other than service exempted from contribution pursuant    1,242        

to section 145.03 of the Revised Code, was terminated;             1,243        

      (2)  The member has not returned to public service, other    1,245        

than service exempted from contribution pursuant to section        1,246        

145.03 of the Revised Code, during that three-month period;        1,247        

                                                          32     


                                                                 
      (3)  The member is not a member of the school employees      1,249        

retirement system or the state teachers retirement system.         1,250        

      The payment of such accumulated contributions shall cancel   1,252        

the total service credit of such member in the public employees    1,253        

retirement system.                                                 1,254        

      (B)  This division applies to any member who ceases to be a  1,256        

public employee by electing an alternative retirement plan         1,257        

pursuant to section 3305.05 of the Revised Code and is not         1,258        

otherwise employed as a public employee in a position to which     1,260        

the election does not apply.  For purposes of this division,                    

"continuously employed" has the same meaning as in section         1,261        

3305.01 of the Revised Code.                                       1,262        

      (1)  Subject to section 145.57 of the Revised Code, on the   1,264        

application of a member to whom this division applies who is       1,266        

continuously employed, the public employees retirement board       1,267        

shall pay the accumulated contributions standing to the credit of  1,268        

the member's individual account in the employees' savings fund,                 

plus any additional amounts described in division (A) of this      1,269        

section, to the entity providing the member's alternative          1,270        

retirement plan for application to that plan in accordance with    1,271        

any contract the member has entered into for purposes of that      1,272        

plan.                                                                           

      (2)  Subject to section 145.57 of the Revised Code, on       1,274        

application of a member to whom this division applies who has      1,276        

ceased to be continuously employed, the public employees           1,277        

retirement board shall pay the accumulated contributions standing  1,278        

to the credit of the member's individual account in the                         

employees' savings fund, plus any additional amounts described in  1,279        

division (A) of this section, to the entity providing the          1,280        

member's alternative retirement plan for application to that plan  1,281        

in accordance with any contract the member has entered into for    1,282        

purposes of that plan, provided that all of the following apply:   1,283        

      (a)  At least three months have elapsed since the date on    1,285        

which the member ceased to be continuously employed;               1,286        

                                                          33     


                                                                 
      (b)  The member has not been employed as a public employee   1,288        

during that three-month period;                                    1,289        

      (c)  Division (A)(3) of this section applies to the member.  1,292        

      (3)  Payment of a member's accumulated contributions under   1,294        

this division cancels the member's total service credit in the     1,295        

public employees retirement system.                                1,296        

      Sec. 145.401.  (A)  AS USED IN THIS SECTION:                 1,298        

      (1)  "ELIGIBLE CONTRIBUTIONS" MEANS AMOUNTS CONTRIBUTED      1,300        

UNDER SECTION 145.47 OF THE REVISED CODE, AMOUNTS RECEIVED FROM A  1,301        

MEMBER OR TRANSFERRED UNDER SECTION 145.20, 145.295, 145.302, OR   1,302        

145.44 OF THE REVISED CODE, AND ANY INTEREST CREDITED UNDER        1,304        

SECTION 145.471 OR 145.472 OF THE REVISED CODE.  "ELIGIBLE         1,306        

CONTRIBUTIONS" DOES NOT INCLUDE CONTRIBUTIONS THAT WERE USED IN    1,307        

THE PAYMENT OF A DISABILITY BENEFIT OR, AS PROVIDED IN RULES       1,308        

ADOPTED BY THE BOARD, WERE REFUNDED TO A MEMBER BECAUSE THE        1,309        

SYSTEM WAS NOT AUTHORIZED TO ACCEPT THE CONTRIBUTIONS.                          

      (2)  "SERVICE CREDIT" MEANS SERVICE CREDIT EARNED FOR        1,311        

PERIODS FOR WHICH CONTRIBUTIONS WERE MADE UNDER SECTION 145.47 OF  1,312        

THE REVISED CODE AND, IF APPLICABLE, PERIODS FOR WHICH SERVICE     1,313        

CREDIT WAS PURCHASED OR TRANSFERRED UNDER SECTION 145.20,          1,314        

145.295, 145.302, OR 145.44 OF THE REVISED CODE.                   1,315        

      (B)  IF A MEMBER HAS, OR AT THE TIME OF DEATH HAD, AT LEAST  1,317        

FIVE YEARS OF SERVICE CREDIT, THE PUBLIC EMPLOYEES RETIREMENT      1,318        

BOARD SHALL INCLUDE THE AMOUNT SPECIFIED IN DIVISION (B)(1) OR     1,319        

(2) OF THIS SECTION IN THE AMOUNT PAYABLE UNDER SECTION 145.40 OF  1,320        

THE REVISED CODE TO THE MEMBER, OR UNDER DIVISION (B) OF SECTION   1,322        

145.43 OF THE REVISED CODE TO A BENEFICIARY OR BENEFICIARIES OF    1,323        

THE MEMBER, UNLESS AT THE TIME OF DEATH THE MEMBER WAS A           1,324        

DISABILITY BENEFIT RECIPIENT.  THE AMOUNT SPECIFIED IN DIVISION    1,325        

(B)(1) OR (2) OF THIS SECTION SHALL BE PAID FROM THE EMPLOYERS'    1,326        

ACCUMULATION FUND.                                                 1,327        

      (1)  IF THE MEMBER HAS, OR HAD AT THE TIME OF DEATH, AT      1,329        

LEAST FIVE BUT LESS THAN TEN YEARS OF SERVICE CREDIT, THE AMOUNT   1,330        

INCLUDED SHALL BE EQUAL TO THIRTY-THREE PER CENT OF THE MEMBER'S   1,332        

                                                          34     


                                                                 
ELIGIBLE CONTRIBUTIONS.                                                         

      (2)  IF THE MEMBER HAS, OR HAD AT THE TIME OF DEATH, AT      1,334        

LEAST TEN YEARS OF SERVICE CREDIT, THE AMOUNT INCLUDED SHALL BE    1,335        

EQUAL TO SIXTY-SEVEN PER CENT OF THE MEMBER'S ELIGIBLE             1,336        

CONTRIBUTIONS.                                                     1,337        

      Sec. 145.43.  (A)  As used in this section and in section    1,346        

145.45 of the Revised Code:                                        1,347        

      (1)  "Child" means a biological or legally adopted child of  1,350        

a deceased member.  If a court hearing for an interlocutory        1,351        

decree for adoption was held prior to the member's death, "child"  1,352        

includes the child who was the subject of the hearing                           

notwithstanding the fact that the final decree of adoption,        1,353        

adjudging the surviving spouse as the adoptive parent, is made     1,354        

subsequent to the member's death.                                               

      (2)  "Parent" is a parent or legally adoptive parent of a    1,357        

deceased member.                                                   1,358        

      (3)  "Dependent" means a beneficiary who receives one-half   1,360        

of the beneficiary's support from a member during the twelve       1,361        

months prior to the member's death.                                1,362        

      (4)  "Surviving spouse" means an individual who establishes  1,365        

a valid marriage to a member at the time of the member's death by  1,366        

marriage certificate or pursuant to division (E) of this section.  1,367        

      (5)  "Survivor" means a surviving spouse, child, or parent.  1,370        

      (B)  Except as provided in division (C)(1) of section        1,373        

145.45 of the Revised Code, should a member die before age and     1,375        

service retirement, the member's accumulated contributions, any    1,376        

deposits for purchase of additional annuity, and any payment the   1,378        

member has made to restore previously forfeited service credit as  1,380        

provided in section 145.31 of the Revised Code, AND ANY            1,381        

APPLICABLE AMOUNT CALCULATED UNDER SECTION 145.401 OF THE REVISED  1,382        

CODE, shall be paid to the person or persons the member has        1,383        

designated in writing duly executed on a form provided by the      1,385        

public employees retirement board, signed by the member, and       1,386        

filed with the board prior to the member's death.  A member may    1,387        

                                                          35     


                                                                 
designate two or more persons as beneficiaries jointly to be paid  1,389        

the accumulated account in a lump sum.  The last designation of    1,390        

any beneficiary revokes all previous designations.  The member's   1,391        

marriage, divorce, marriage dissolution, legal separation, or      1,392        

withdrawal of account, or the birth of the member's child, or      1,393        

adoption of a child, shall constitute an automatic revocation of   1,395        

the member's previous designation.  If a deceased member was also  1,396        

a member of the school employees retirement system or the state    1,397        

teachers retirement system, the beneficiary last established       1,398        

among the systems shall be the sole beneficiary in all the         1,399        

systems.                                                                        

      If the accumulated contributions of a deceased member are    1,401        

not claimed by a beneficiary or by the estate of the deceased      1,402        

member within five years, the contributions shall be transferred   1,404        

to the income fund and thereafter paid to the beneficiary or to    1,406        

the member's estate upon application to the board.  The board      1,407        

shall formulate and adopt the necessary rules governing all        1,408        

designations of beneficiaries.                                     1,409        

      (C)  Except as provided in division (C)(1) of section        1,411        

145.45 of the Revised Code, if a member dies before age and        1,413        

service retirement and is not survived by a designated             1,414        

beneficiary, any beneficiaries shall qualify in the following      1,416        

order of precedence, with all attendant rights and privileges:     1,417        

      (1)  Surviving spouse;                                       1,419        

      (2)  Children share and share alike;                         1,421        

      (3)  A dependent parent of a member, if that parent takes    1,424        

survivor benefits under division (B) of section 145.45 of the      1,426        

Revised Code;                                                                   

      (4)  Parents, share and share alike;                         1,428        

      (5)  Estate.                                                 1,430        

      If the beneficiary is deceased or is not located within      1,432        

ninety days, the beneficiary ceases to qualify for any benefit     1,433        

and the beneficiary next in order of precedence shall qualify as   1,434        

a beneficiary.                                                     1,435        

                                                          36     


                                                                 
      Any payment made to a beneficiary as determined by the       1,437        

public employees retirement board shall be a full discharge and    1,438        

release to the board from any future claims.                       1,439        

      (D)  Any amount due a retirant or disability benefit         1,441        

recipient receiving a monthly benefit and unpaid to the retirant   1,443        

or recipient at death shall be paid to the beneficiary designated  1,445        

in writing on a form approved by the board, signed by the          1,446        

retirant or recipient and filed with the board.  If no such                     

designation has been filed, or if the designated beneficiary is    1,448        

not located within ninety days, any amounts payable under this     1,450        

chapter due to the death of the retirant or recipient shall be     1,452        

paid in the following order of precedence to the retirant's or                  

recipient's:                                                       1,453        

      (1)  Surviving spouse;                                       1,455        

      (2)  Children, share and share alike;                        1,457        

      (3)  Parents, share and share alike;                         1,459        

      (4)  Estate.                                                 1,461        

      The payment shall be a full discharge and release to the     1,463        

board from any future claim for the payment.                       1,464        

      Any amount due a beneficiary receiving a monthly benefit     1,466        

and unpaid to the beneficiary at the beneficiary's death shall be  1,468        

paid to the beneficiary's estate.                                  1,469        

      (E)  If the validity of marriage cannot be established to    1,471        

the satisfaction of the retirement board for the purpose of        1,472        

disbursing any amount due under this section or section 145.45 of  1,473        

the Revised Code, the board may accept a decision rendered by a    1,474        

court having jurisdiction in the state in which the member was     1,475        

domiciled at the time of death that the relationship constituted   1,476        

a valid marriage at the time of death, or the "spouse" would have  1,477        

the same status as a widow or widower for purposes of sharing the  1,478        

distribution of the member's intestate personal property.          1,479        

      (F)  If the death of a member is caused by one of the        1,481        

following beneficiaries, no amount due under this chapter to the   1,482        

beneficiary shall be paid to the beneficiary in the absence of a   1,483        

                                                          37     


                                                                 
court order to the contrary filed with the board:                  1,484        

      (1)  A beneficiary who is convicted of, pleads guilty to,    1,486        

or is found not guilty by reason of insanity of a violation of or  1,488        

complicity in the violation of either of the following:            1,489        

      (a)  Section 2903.01, 2903.02, or 2903.03 of the Revised     1,492        

Code;                                                                           

      (b)  An existing or former law of any other state, the       1,495        

United States, or a foreign nation that is substantially           1,497        

equivalent to section 2903.01, 2903.02, or 2903.03 of the Revised  1,499        

Code;.                                                                          

      (2)  A beneficiary who is indicted for a violation of or     1,501        

complicity in the violation of the sections or laws described in   1,502        

division (F)(1)(a) or (b) of this section and is adjudicated       1,504        

incompetent to stand trial;                                                     

      (3)  A beneficiary who is a juvenile found to be a           1,506        

delinquent child by reason of committing an act that, if           1,507        

committed by an adult, would be a violation of or complicity in    1,508        

the violation of the sections or laws described in division        1,510        

(F)(1)(a) or (b) of this section.                                  1,511        

      Sec. 145.471.  (A)(1)  ON AND AFTER THE EFFECTIVE DATE OF    1,513        

THIS SECTION, THE PUBLIC EMPLOYEES RETIREMENT BOARD SHALL CREDIT   1,514        

INTEREST TO THE INDIVIDUAL ACCOUNTS OF CONTRIBUTORS, EXCEPT THAT   1,516        

INTEREST SHALL NOT BE CREDITED TO THE INDIVIDUAL ACCOUNT OF A      1,517        

PERS OR OTHER SYSTEM RETIRANT, AS DEFINED IN SECTION 145.38 OF     1,518        

THE REVISED CODE, FOR CONTRIBUTIONS RECEIVED DURING THE PERIOD     1,519        

DESCRIBED IN DIVISION (B)(4)(a) OR (b) OF SECTION 145.38 OF THE    1,521        

REVISED CODE.  FOR AMOUNTS DEPOSITED BY A CONTRIBUTOR UNDER                     

DIVISION (C) OF SECTION 145.23 OF THE REVISED CODE, INTEREST       1,523        

SHALL BE CREDITED IN ACCORDANCE WITH THAT SECTION.                 1,524        

      (2)  EXCEPT AS PROVIDED IN SECTION 145.472 OF THE REVISED    1,526        

CODE, THE BOARD SHALL NOT CREDIT INTEREST TO INDIVIDUAL ACCOUNTS   1,527        

FOR THE PERIOD BEGINNING DECEMBER 31, 1958, AND ENDING ON THE      1,528        

EFFECTIVE DATE OF THIS SECTION.                                                 

      (B)  FOR CONTRIBUTIONS RECEIVED IN A CALENDAR YEAR,          1,530        

                                                          38     


                                                                 
INTEREST SHALL BE EARNED BEGINNING ON THE FIRST DAY OF THE         1,531        

CALENDAR YEAR NEXT FOLLOWING AND ENDING ON THE LAST DAY OF THAT    1,532        

YEAR, EXCEPT THAT INTEREST SHALL BE EARNED, IN THE CASE OF AN      1,533        

APPLICATION FOR RETIREMENT OR PAYMENT UNDER SECTION 145.40 OR      1,535        

145.43 OF THE REVISED CODE, ENDING ON THE LAST DAY OF THE MONTH    1,536        

PRIOR TO RETIREMENT OR PAYMENT UNDER THOSE SECTIONS.  THE BOARD    1,537        

SHALL CREDIT INTEREST AT THE END OF THE CALENDAR YEAR IN WHICH IT               

IS EARNED.                                                         1,538        

      Sec. 145.472.  THIS SECTION APPLIES TO INDIVIDUALS WHO ARE   1,540        

CONTRIBUTORS ON THE EFFECTIVE DATE OF THIS SECTION.                1,541        

      (A)  NOT LATER THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF  1,543        

THIS SECTION, THE BOARD SHALL CREDIT INTEREST TO THE INDIVIDUAL    1,544        

ACCOUNT OF EACH CONTRIBUTOR IN ACCORDANCE WITH THIS SECTION,       1,545        

EXCEPT THAT INTEREST SHALL NOT BE CREDITED TO THE INDIVIDUAL       1,546        

ACCOUNT OF A PERS OR OTHER SYSTEM RETIRANT, AS DEFINED IN SECTION  1,547        

145.38 OF THE REVISED CODE, FOR CONTRIBUTIONS RECEIVED DURING THE  1,548        

PERIOD DESCRIBED IN DIVISION (B)(4)(a) OR (b) OF SECTION 145.38    1,550        

OF THE REVISED CODE. FOR AMOUNTS DEPOSITED BY A CONTRIBUTOR UNDER  1,551        

DIVISION (C) OF SECTION 145.23 OF THE REVISED CODE, INTEREST       1,552        

SHALL BE CREDITED IN ACCORDANCE WITH THAT SECTION.                 1,553        

      FOR CONTRIBUTORS WITH SERVICE CREDIT EARNED PRIOR TO         1,555        

DECEMBER 31, 1981, THE BOARD MAY REFLECT THE COMPOUNDING OF        1,556        

INTEREST BY USING FACTORS PROVIDED BY THE BOARD'S ACTUARY.         1,557        

      (B)  THE INTEREST CREDITED UNDER THIS SECTION SHALL BE       1,559        

CALCULATED ON ALL AMOUNTS ON DEPOSIT IN AN INDIVIDUAL'S ACCOUNT    1,561        

IN THE EMPLOYEES' SAVINGS FUND AS FOLLOWS:                         1,562        

      (1)  IF THIS SECTION TAKES EFFECT ON OR BEFORE DECEMBER 31,  1,565        

2000, INTEREST SHALL BE CALCULATED ON AMOUNTS ON DEPOSIT ON        1,566        

DECEMBER 31, 1998.                                                              

      (2)  IF THIS SECTION TAKES EFFECT AFTER DECEMBER 31, 2000,   1,568        

INTEREST SHALL BE CALCULATED ON AMOUNTS ON DEPOSIT ON DECEMBER     1,569        

31, 1999.                                                          1,570        

      Sec. 145.473.  (A)  EXCEPT AS PROVIDED IN DIVISION (C) OF    1,572        

THIS SECTION, THE RATE OF INTEREST CREDITED TO INDIVIDUAL          1,573        

                                                          39     


                                                                 
ACCOUNTS OF CONTRIBUTORS UNDER SECTIONS 145.471 AND 145.472 OF     1,574        

THE REVISED CODE SHALL BE AS FOLLOWS:                              1,575        

      (1)  FOUR PER CENT PER ANNUM, COMPOUNDED ANNUALLY, TO AND    1,577        

INCLUDING DECEMBER 31, 1955;                                       1,578        

      (2)  THREE PER CENT PER ANNUM, COMPOUNDED ANNUALLY, FROM     1,581        

JANUARY 1, 1956, TO AND INCLUDING DECEMBER 31, 1963;               1,582        

      (3)  THREE AND ONE-QUARTER PER CENT PER ANNUM, COMPOUNDED    1,584        

ANNUALLY, FROM JANUARY 1, 1964, TO AND INCLUDING DECEMBER 31,      1,586        

1969;                                                                           

      (4)  FOUR PER CENT PER ANNUM, COMPOUNDED ANNUALLY, FROM      1,589        

JANUARY 1, 1970, TO AND INCLUDING THE DAY BEFORE THE EFFECTIVE                  

DATE OF THIS SECTION;                                              1,590        

      (5)  AN AMOUNT DETERMINED BY THE PUBLIC EMPLOYEES            1,592        

RETIREMENT BOARD THAT IS NOT GREATER THAN SIX PER CENT PER ANNUM,  1,593        

COMPOUNDED ANNUALLY, ON AND AFTER THE EFFECTIVE DATE OF THIS       1,594        

SECTION.                                                                        

      (B)  EXCEPT AS PROVIDED IN DIVISION (C) OF THIS SECTION,     1,596        

FOR THE PURPOSE OF DETERMINING THE RESERVE VALUE OF A              1,597        

CONTRIBUTOR'S ANNUITY, THE RATE OF INTEREST SHALL BE AS FOLLOWS:   1,598        

      (1)  FOUR PER CENT PER ANNUM, COMPOUNDED ANNUALLY, FOR       1,600        

CONTRIBUTORS RETIRING BEFORE OCTOBER 1, 1956;                      1,601        

      (2)  THREE PER CENT PER ANNUM, COMPOUNDED ANNUALLY, FOR      1,603        

CONTRIBUTORS RETIRING ON OR AFTER OCTOBER 1, 1956, BUT BEFORE      1,605        

JANUARY 1, 1964;                                                                

      (3)  THREE AND ONE-QUARTER PER CENT PER ANNUM, COMPOUNDED    1,607        

ANNUALLY, FOR CONTRIBUTORS RETIRING ON OR AFTER JANUARY 1, 1964,   1,608        

BUT BEFORE JANUARY 1, 1970;                                        1,609        

      (4)  FOUR PER CENT PER ANNUM, COMPOUNDED ANNUALLY, FOR       1,611        

CONTRIBUTORS RETIRING ON OR AFTER JANUARY 1, 1970, BUT BEFORE THE  1,613        

EFFECTIVE DATE OF THIS SECTION;                                                 

      (5)  AN AMOUNT DETERMINED BY THE BOARD BASED ON THE          1,615        

RECOMMENDATION OF THE BOARD'S ACTUARY, COMPOUNDED ANNUALLY, FOR    1,616        

CONTRIBUTORS RETIRING ON OR AFTER THE EFFECTIVE DATE OF THIS       1,617        

SECTION.                                                                        

                                                          40     


                                                                 
      (C)  FOR A PERS RETIRANT WHO MAKES AN ELECTION UNDER         1,619        

DIVISION (C)(1)(a) OF SECTION 145.38 OF THE REVISED CODE OR AN     1,621        

OTHER SYSTEM RETIRANT, AS THOSE TERMS ARE DEFINED IN SECTION       1,622        

145.38 OF THE REVISED CODE, THE RATE OF INTEREST SHALL BE THE      1,623        

CURRENT ACTUARIAL ASSUMPTION RATE OF INTEREST, AS DETERMINED BY    1,624        

THE BOARD'S ACTUARY, FOR THE PURPOSES DESCRIBED IN DIVISIONS (A)   1,625        

AND (B) OF THIS SECTION.                                                        

      Sec. 3307.41.  To coordinate and integrate membership in     1,634        

the state retirement systems, the following provisions apply:      1,635        

      (A)  As used in this section:                                1,637        

      (1)  "Retirement systems" means the public employees         1,639        

retirement system, the state teachers retirement system, and the   1,640        

school employees retirement system.                                1,641        

      (2)  In addition to the meaning given in division (L) of     1,643        

section 3307.01 of the Revised Code, "disability benefit" means    1,644        

"disability benefit" as defined in sections 145.01 and 3309.01 of  1,645        

the Revised Code.                                                  1,646        

      (B)  At the member's option, total contributions and         1,648        

service credit in all retirement systems, including amounts paid   1,649        

to restore service credit under sections 145.311, 3307.282, and    1,650        

3309.261 of the Revised Code, shall be used in determining the     1,652        

eligibility for benefits.  If total contributions and service      1,653        

credit are combined, the following provisions apply:                            

      (1)  Service retirement or a disability benefit is           1,655        

effective on the first day of the month next following the later   1,656        

of:                                                                1,657        

      (a)  The last day for which compensation was paid;           1,659        

      (b)  The attainment of minimum age or service credit for     1,661        

benefits provided under this section.                              1,662        

      (2)  "Total service credit" includes the total credit in     1,664        

all retirement systems except that such credit shall not exceed    1,665        

one year for any period of twelve months.                          1,666        

      (3)  In determining eligibility for a disability benefit,    1,668        

the medical examiner's report to the board of any retirement       1,669        

                                                          41     


                                                                 
system, showing that the member's disability incapacitates the     1,670        

member for the performance of duty, may be accepted as sufficient  1,672        

for granting a disability benefit.                                 1,673        

      (4)  The retirement system in which the member had the       1,675        

greatest service credit, without adjustment, shall determine and   1,676        

pay the total benefit.  If the member's credit is equal in two or  1,678        

more retirement systems, the system having the member's largest    1,679        

total contributions shall determine and pay the total benefit.     1,680        

      (5)  In determining the total credit to be used in           1,682        

calculating a benefit, credit shall not be reduced below that      1,683        

certified by the system or systems transferring credit, except     1,684        

that such total combined service credit shall not exceed one year  1,685        

of credit for any one "year" as defined in the statute governing   1,686        

the system making the calculation.                                 1,687        

      (6)  The retirement system determining and paying the        1,689        

benefit shall receive from the other system or systems the         1,690        

member's refundable account at retirement or the effective date    1,691        

of a disability benefit plus an equal amount from the employers'   1,692        

trust fund EQUAL TO THE MEMBER'S REFUNDABLE ACCOUNT LESS INTEREST  1,693        

CREDITED UNDER SECTION 145.471, 145.472, OR 3307.80 OF THE         1,694        

REVISED CODE.                                                                   

      (a)  The annuity rates and mortality tables of the           1,696        

retirement system making the calculation and paying the benefit    1,697        

shall be applicable.                                               1,698        

      (b)  Deposits made for the purchase of additional income,    1,700        

with guaranteed interest, upon the member's request, shall be      1,701        

transferred to the retirement system paying the regular benefit.   1,702        

The return upon such deposits shall be that offered by the         1,703        

retirement system making the calculation and paying the regular    1,704        

benefit.                                                           1,705        

      (C)  A person receiving a benefit under this section, who    1,707        

accepts employment amenable to coverage in any retirement system   1,708        

that participated in the person's combined benefit, shall be       1,709        

subject to the applicable provisions of law governing such         1,711        

                                                          42     


                                                                 
re-employment.  If the person is subject to section 3307.381 of    1,712        

the Revised Code and exceeds the limits on re-employment           1,713        

established by that section, the retirement system paying a        1,714        

combined benefit shall terminate the entire pension portion of     1,715        

the benefit for the period of re-employment that exceeds the       1,716        

limit in that section.                                                          

      If a retirant should be paid any amount to which the         1,718        

retirant is not entitled under the applicable provisions of law    1,720        

governing such re-employment, such amount shall be recouped by     1,721        

the retirement system paying such benefit by utilizing any         1,722        

recovery procedure available under the law of the retirement       1,723        

system covering such re-employment.                                1,724        

      Sec. 3309.35.  (A)  As used in this section:                 1,734        

      (1)  "State retirement system" means the public employees    1,736        

retirement system, state teachers retirement system, or school     1,737        

employees retirement system.                                       1,738        

      (2)  "Total service credit" means all service credit earned  1,740        

in all state retirement systems, except credit for service         1,741        

subject to section 3309.341 of the Revised Code.  Total service    1,742        

credit shall not exceed one year of credit for any twelve-month    1,743        

period.                                                            1,744        

      (3)  In addition to the meaning given in division (O) of     1,746        

section 3309.01 of the Revised Code, "disability benefit" means    1,747        

"disability benefit" as defined in sections 145.01 and 3307.01 of  1,748        

the Revised Code.                                                  1,749        

      (B)  To coordinate and integrate membership in the state     1,751        

retirement systems, at the option of a member, total               1,753        

contributions and service credit in all state retirement systems,  1,754        

including amounts paid to restore service credit under sections    1,755        

145.311, 3307.282, and 3309.261 of the Revised Code, shall be      1,756        

used in determining the eligibility and total retirement or        1,757        

disability benefit payable.  When total contributions and service  1,758        

credit are so combined, the following provisions apply:            1,759        

      (1)  Service and commuted service retirement or a            1,761        

                                                          43     


                                                                 
disability benefit is effective no sooner than the first day of    1,762        

the month next following the last day of employment for which      1,763        

compensation was paid.  If the application is filed after that     1,764        

date, the board may retire the member on the first day of the      1,765        

month next following the last day of employment for which          1,766        

compensation was paid.                                             1,767        

      (2)  In determining eligibility for a disability benefit,    1,769        

the medical examiner's report to the retirement board of any       1,770        

state retirement system, showing that the member's disability      1,771        

incapacitates the member for the performance of duty, may be       1,772        

accepted by the state retirement boards as sufficient for          1,774        

granting a disability benefit.                                     1,775        

      (3)  The state retirement system in which the member had     1,777        

the greatest service credit, without adjustment, shall determine   1,778        

and pay the total retirement or disability benefit.  Where the     1,779        

member's credit is equal in two or more state retirement systems,  1,781        

the system having the largest total contributions of the member    1,782        

shall determine and pay the total benefit.                         1,783        

      (4)  In determining the total credit to be used in           1,785        

calculating a retirement allowance or disability benefit, credit   1,786        

shall not be reduced below that certified by the system or         1,787        

systems transferring credit, except that such total combined       1,788        

service credit shall not exceed one year of credit for any one     1,789        

"year" as defined in the law of the system making the              1,790        

calculation.                                                       1,791        

      (5)  The state retirement system determining and paying a    1,793        

retirement or disability benefit shall receive from the other      1,794        

system or systems the member's refundable account at retirement    1,795        

or the effective date of a disability benefit plus an equal        1,796        

amount from the employers' trust fund EQUAL TO THE MEMBER'S        1,797        

REFUNDABLE ACCOUNT LESS THE INTEREST CREDITED UNDER SECTION        1,798        

145.471, 145.472, OR 3307.80 OF THE REVISED CODE.                  1,799        

      (a)  The annuity rates and mortality tables of the state     1,801        

retirement system making the calculation and paying the benefit    1,802        

                                                          44     


                                                                 
shall be exclusively applicable.                                   1,803        

      (b)  Deposits made for the purchase of an additional         1,805        

annuity, and including guaranteed interest, upon the request of    1,806        

the member, shall be transferred to the state retirement system    1,807        

paying the retirement or disability benefit.  The return upon      1,808        

such deposits shall be that offered by the state retirement        1,809        

system making the calculation and paying the retirement or         1,810        

disability benefit.                                                1,811        

      (C)  A former member receiving a retirement or disability    1,813        

benefit under this section, who accepts employment amenable to     1,814        

coverage in any state retirement system that participated in the   1,815        

member's combined benefit, shall be subject to the applicable      1,817        

provisions of law governing such re-employment.  If the former     1,818        

member is subject to section 3307.381 of the Revised Code and      1,819        

exceeds the limits on re-employment established by that section,   1,820        

the state retirement system paying a combined benefit shall        1,821        

terminate the entire pension portion of the benefit for the        1,822        

period of re-employment that exceeds the limit in that section.    1,823        

If a former member should be paid any amount in a retirement       1,824        

allowance, to which the former member is not entitled under the    1,826        

applicable provisions of law governing such re-employment, such    1,827        

amount shall be recovered by the state retirement system paying    1,828        

such allowance by utilizing any recovery procedure available       1,829        

under the code provisions of the state retirement system covering  1,830        

such re-employment.                                                1,831        

      (D)  An SERS retirant or other system retirant, as defined   1,833        

in section 3309.341 of the Revised Code, is not eligible to        1,834        

receive any benefit under this section for service subject to      1,835        

section 3309.341 of the Revised Code.                              1,836        

      Section 2.  That existing sections 145.01, 145.23, 145.31,   1,838        

145.37, 145.38, 145.40, 145.43, 3307.41, and 3309.35 of the        1,839        

Revised Code are hereby repealed.                                               

      Section 3.  Sections 1 and 2 of this act shall take effect   1,841        

on the one hundred eightieth day after the effective date of this  1,842        

                                                          45     


                                                                 
section.