As Reported by the Senate Ways and Means Committee          1            

123rd General Assembly                                             4            

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

      1999-2000                                                    6            


                SENATORS JOHNSON-DRAKE-HERINGTON                   8            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend sections 145.01, 145.23, 145.31, 145.37,     12           

                145.38, 145.40, 145.43, 3307.41, and 3309.35 and   13           

                to enact sections 145.401, 145.471, 145.472, and   14           

                145.473 of the Revised Code to require the Public  15           

                Employees Retirement System to credit interest on  16           

                a member's contributions and, under certain                     

                conditions, to pay an amount of employer           17           

                contributions on the death of a member or          18           

                withdrawal of a member's contributions.                         




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        20           

      Section 1.  That sections 145.01, 145.23, 145.31, 145.37,    22           

145.38, 145.40, 145.43, 3307.41, and 3309.35 be amended and        23           

sections 145.401, 145.471, 145.472, and 145.473 of the Revised     24           

Code be enacted to read as follows:                                             

      Sec. 145.01.  As used in this chapter:                       33           

      (A)  "Public employee" means:                                35           

      (1)  Any person holding an office, not elective, under the   37           

state or any county, township, municipal corporation, park         38           

district, conservancy district, sanitary district, health          39           

district, metropolitan housing authority, state retirement board,  40           

Ohio historical society, public library, county law library,                    

union cemetery, joint hospital, institutional commissary, state    41           

university, or board, bureau, commission, council, committee,      42           

authority, or administrative body as the same are, or have been,   43           

created by action of the general assembly or by the legislative    44           

authority of any of the units of local government named in         45           

                                                          2      


                                                                 
division (A)(1) of this section, or employed and paid in whole or  46           

in part by the state or any of the authorities named in division   47           

(A)(1) of this section in any capacity not covered by section      49           

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

      (2)  A person who is a member of the public employees        51           

retirement system and who continues to perform the same or         53           

similar duties under the direction of a contractor who has         54           

contracted to take over what before the date of the contract was   55           

a publicly operated function.  The governmental unit with which                 

the contract has been made shall be deemed the employer for the    56           

purposes of administering this chapter.                            57           

      (3)  Any person who is an employee of a public employer,     59           

notwithstanding that the person's compensation for that            60           

employment is derived from funds of a person or entity other than  61           

the employer.  Credit for such service shall be included as total  62           

service credit, provided that the employee makes the payments      63           

required by this chapter, and the employer makes the payments                   

required by sections 145.48 and 145.51 of the Revised Code.        64           

      In all cases of doubt, the public employees retirement       66           

board shall determine whether any person is a public employee,     67           

and its decision is final.                                                      

      (B)  "Member" means any public employee, other than a        69           

public employee excluded or exempted from membership in the        70           

retirement system by section 145.03, 145.031, 145.032, 145.033,    71           

145.034, 145.035, or 145.38 of the Revised Code.  "Member"         72           

includes a PERS retirant who becomes a member under division                    

(C)(2) of section 145.38 of the Revised Code.  "Member" also       73           

includes a disability benefit recipient.                           74           

      (C)  "Head of the department" means the elective or          76           

appointive head of the several executive, judicial, and            77           

administrative departments, institutions, boards, and commissions  78           

of the state and local government as the same are created and      79           

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

government, by that charter.                                       80           

                                                          3      


                                                                 
      (D)  "Employer" or "public employer" means the state or any  82           

county, township, municipal corporation, park district,            83           

conservancy district, sanitary district, health district,          84           

metropolitan housing authority, state retirement board, Ohio                    

historical society, public library, county law library, union      85           

cemetery, joint hospital, institutional commissary, state medical  86           

college, state university, or board, bureau, commission, council,  87           

committee, authority, or administrative body as the same are, or   88           

have been, created by action of the general assembly or by the     89           

legislative authority of any of the units of local government                   

named in this division not covered by section 3307.01 or 3309.01   90           

of the Revised Code.  In addition, "employer" means the employer   91           

of any public employee.                                                         

      (E)  "Prior service" means all service as a public employee  93           

rendered before January 1, 1935, and all service as an employee    94           

of any employer who comes within the state teachers retirement     95           

system or of the school employees retirement system or of any      96           

other retirement system established under the laws of this state   97           

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

claiming the service was employed in any capacity covered by that  98           

other system after that other system was established, credit for   99           

the service may be allowed by the public employees retirement      100          

system only when the employee has made payment, to be computed on  101          

the salary earned from the date of appointment to the date         102          

membership was established in the public employees retirement                   

system, at the rate in effect at the time of payment, and the      103          

employer has made payment of the corresponding full liability as   104          

provided by section 145.44 of the Revised Code.  "Prior service"   105          

also means all service credited for active duty with the armed     106          

forces of the United States as provided in section 145.30 of the   107          

Revised Code.                                                                   

      If an employee who has been granted prior service credit by  109          

the public employees retirement system for service rendered prior  110          

to January 1, 1935, as an employee of a board of education         111          

                                                          4      


                                                                 
establishes, before retirement, one year or more of contributing   112          

service in the state teachers retirement system or school          113          

employees retirement system, then the prior service ceases to be                

the liability of this system.                                      114          

      If the board determines that a position of any member in     116          

any calendar year prior to January 1, 1935, was a part-time        117          

position, the board shall determine what fractional part of a      118          

year's credit shall be allowed by the following formula:           119          

      (1)  When the member has been either elected or appointed    121          

to an office the term of which was two or more years and for       122          

which an annual salary is established, the fractional part of the  123          

year's credit shall be computed as follows:                        124          

      First, when the member's annual salary is one thousand       126          

dollars or less, the service credit for each such calendar year    127          

shall be forty per cent of a year.                                              

      Second, for each full one hundred dollars of annual salary   129          

above one thousand dollars, the member's service credit for each   130          

such calendar year shall be increased by two and one-half per      131          

cent.                                                                           

      (2)  When the member is paid on a per diem basis, the        133          

service credit for any single year of the service shall be         134          

determined by using the number of days of service for which the    135          

compensation was received in any such year as a numerator and      136          

using two hundred fifty days as a denominator.                                  

      (3)  When the member is paid on an hourly basis, the         138          

service credit for any single year of the service shall be         139          

determined by using the number of hours of service for which the   140          

compensation was received in any such year as a numerator and      141          

using two thousand hours as a denominator.                                      

      (F)  "Contributor" means any person who has an account in    143          

the employees' savings fund created by section 145.23 of the       144          

Revised Code.                                                                   

      (G)  "Beneficiary" or "beneficiaries" means the estate or a  146          

person or persons who, as the result of the death of a member,     147          

                                                          5      


                                                                 
contributor, or retirant, qualify for or are receiving some right  148          

or benefit under this chapter.                                                  

      (H)(1)  "Total service credit," except as provided in        150          

section 145.37 of the Revised Code, means all service credited to  151          

a member of the retirement system since last becoming a member,    152          

including restored service credit as provided by section 145.31    153          

of the Revised Code; credit purchased under sections 145.293 and   154          

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

credit; all the member's military service credit computed as       155          

provided in this chapter; all service credit established pursuant  156          

to section 145.297 of the Revised Code; and any other service      157          

credited under this chapter.  In addition, "total service credit"  158          

includes any period, not in excess of three years, during which a  159          

member was out of service and receiving benefits under Chapters                 

4121. and 4123. of the Revised Code.  For the exclusive purpose    160          

of satisfying the service credit requirement and of determining    161          

eligibility for benefits under sections 145.32, 145.33, 145.331,   162          

145.35, 145.36, and 145.361 of the Revised Code, "five or more     163          

years of total service credit" means sixty or more calendar        164          

months of contributing service in this system.                                  

      (2)  "One and one-half years of contributing service         166          

credit," as used in division (B) of section 145.45 of the Revised  167          

Code, also means eighteen or more calendar months of employment    168          

by a municipal corporation that formerly operated its own          169          

retirement plan for its employees or a part of its employees,      170          

provided that all employees of that municipal retirement plan who  171          

have eighteen or more months of such employment, upon              172          

establishing membership in the public employees retirement         173          

system, shall make a payment of the contributions they would have  174          

paid had they been members of this system for the eighteen months  175          

of employment preceding the date membership was established.       176          

When that payment has been made by all such employee members, a    178          

corresponding payment shall be paid into the employers'            179          

accumulation fund by that municipal corporation as the employer    180          

                                                          6      


                                                                 
of the employees.                                                  181          

      (3)  Where a member also is a member of the state teachers   183          

retirement system or the school employees retirement system, or    184          

both, except in cases of retirement on a combined basis pursuant   185          

to section 145.37 of the Revised Code, service credit for any      186          

period shall be credited on the basis of the ratio that                         

contributions to the public employees retirement system bear to    188          

total contributions in all state retirement systems.               189          

      (4)  Not more than one year of credit may be given for any   191          

period of twelve months.                                           192          

      (5)  "Ohio service credit" means credit for service that     194          

was rendered to the state or any of its political subdivisions or  195          

any employer.                                                                   

      (I)  "Regular or current interest" means interest at any     197          

rates for the respective funds and accounts as the public          198          

employees retirement board may determine from time to time,        199          

except as follows:                                                              

      (1)  Subsequent to December 31, 1958, the retirement board   201          

shall discontinue the annual crediting of current interest to the  203          

individual accounts of contributors.  The noncrediting of current  204          

interest shall not affect the rate of interest at retirement       205          

guaranteed under division (I) of this section.                     206          

      (2)  The rate of interest credited on a contributor's        208          

contributions at retirement shall be four per cent per annum,      209          

compounded annually, to and including December 31, 1955; three     210          

per cent per annum, compounded annually, from January 1, 1956, to  211          

and including December 31, 1963; three and one-quarter per cent    212          

per annum, compounded annually, from January 1, 1964, to and       213          

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

annum, compounded annually.                                        214          

      In determining the reserve value for the purpose of          216          

computing the amount of the contributor's annuity, the rate of     217          

interest used in the annuity values shall be four per cent per     218          

annum, compounded annually, for contributors retiring before       219          

                                                          7      


                                                                 
October 1, 1956, and after December 31, 1969; three per cent per   220          

annum, compounded annually, for contributors retiring between      222          

October 1, 1956, and December 31, 1963; and three and one-quarter  223          

per cent per annum, compounded annually, for contributors          224          

retiring from January 1, 1964, to December 31, 1969.  Interest on  225          

contributions from contributors within any one calendar year       226          

shall begin on the first day of the calendar year next following   227          

and shall be computed at the end of each calendar year, except in  228          

the case of a contributor who retires before the end of the year.  229          

      (J)  "Accumulated contributions" means the sum of all        231          

amounts credited to a contributor's individual account in the      232          

employees' savings fund together with any current interest         233          

thereon, but does not include the interest adjustment at           234          

retirement CREDITED TO THE CONTRIBUTOR'S ACCOUNT UNDER SECTION     235          

145.471 OR 145.472 OF THE REVISED CODE.                            236          

      (K)(1)  "Final average salary" means the quotient obtained   238          

by dividing by three the sum of the three full calendar years of   239          

contributing service in which the member's earnable salary was     240          

highest, except that if the member has a partial year of           241          

contributing service in the year the member's employment           242          

terminates and the member's earnable salary for the partial year   243          

is higher than for any comparable period in the three years, the   244          

member's earnable salary for the partial year shall be             245          

substituted for the member's earnable salary for the comparable    246          

period during the three years in which the member's earnable       247          

salary was lowest.                                                              

      (2)  If a member has less than three years of contributing   249          

service, the member's final average salary shall be the member's   250          

total earnable salary divided by the total number of years,        251          

including any fraction of a year, of the member's contributing     252          

service.                                                                        

      (3)  For the purpose of calculating benefits payable to a    254          

member qualifying for service credit under division (Z) of this    255          

section, "final average salary" means the total earnable salary    256          

                                                          8      


                                                                 
on which contributions were made divided by the total number of    257          

years during which contributions were made, including any          258          

fraction of a year.  If contributions were made for less than      259          

twelve months, "final average salary" means the member's total     260          

earnable salary.                                                   261          

      (L)  "Annuity" means payments for life derived from          263          

contributions made by a contributor and paid from the annuity and  264          

pension reserve fund as provided in this chapter.  All annuities   265          

shall be paid in twelve equal monthly installments.                266          

      (M)  "Annuity reserve" means the present value, computed     268          

upon the basis of the mortality and other tables adopted by the    269          

board, of all payments to be made on account of any annuity, or    270          

benefit in lieu of any annuity, granted to a retirant as provided  271          

in this chapter.                                                                

      (N)(1)  "Disability retirement" means retirement as          273          

provided in section 145.36 of the Revised Code.                    274          

      (2)  "Disability allowance" means an allowance paid on       276          

account of disability under section 145.361 of the Revised Code.   277          

      (3)  "Disability benefit" means a benefit paid as            279          

disability retirement under section 145.36 of the Revised Code,    280          

as a disability allowance under section 145.361 of the Revised     281          

Code, or as a disability benefit under section 145.37 of the       282          

Revised Code.                                                                   

      (4)  "Disability benefit recipient" means a member who is    284          

receiving a disability benefit.                                    285          

      (O)  "Age and service retirement" means retirement as        287          

provided in sections 145.32, 145.33, 145.331, 145.34, 145.37, and  288          

145.46 of the Revised Code.                                                     

      (P)  "Pensions" means annual payments for life derived from  290          

contributions made by the employer that at the time of retirement  291          

are credited into the annuity and pension reserve fund from the    292          

employers' accumulation fund and paid from the annuity and         293          

pension reserve fund as provided in this chapter.  All pensions    294          

shall be paid in twelve equal monthly installments.                             

                                                          9      


                                                                 
      (Q)  "Retirement allowance" means the pension plus that      296          

portion of the benefit derived from contributions made by the      297          

member.                                                                         

      (R)(1)  Except as otherwise provided in division (R) of      300          

this section, "earnable salary" means all salary, wages, and       301          

other earnings paid to a contributor by reason of employment in a  302          

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

and other earnings shall be determined prior to determination of   303          

the amount required to be contributed to the employees' savings    304          

fund under section 145.47 of the Revised Code and without regard   305          

to whether any of the salary, wages, or other earnings are         306          

treated as deferred income for federal income tax purposes.        307          

"Earnable salary" includes the following:                                       

      (a)  Payments made by the employer in lieu of salary,        309          

wages, or other earnings for sick leave, personal leave, or        310          

vacation used by the contributor;                                               

      (b)  Payments made by the employer for the conversion of     312          

sick leave, personal leave, and vacation leave accrued, but not    313          

used if the payment is made during the year in which the leave is  315          

accrued, except that payments made pursuant to section 124.383 or  316          

124.386 of the Revised Code are not earnable salary;                            

      (c)  Allowances paid by the employer for full maintenance,   318          

consisting of housing, laundry, and meals, as certified to the     319          

retirement board by the employer or the head of the department     320          

that employs the contributor;                                                   

      (d)  Fees and commissions paid under section 507.09 of the   322          

Revised Code;                                                                   

      (e)  Payments that are made under a disability leave         324          

program sponsored by the employer and for which the employer is    325          

required by section 145.296 of the Revised Code to make periodic   326          

employer and employee contributions;                                            

      (f)  Amounts included pursuant to divisions (K)(3) and (Y)   328          

of this section.                                                                

      (2)  "Earnable salary" does not include any of the           330          

                                                          10     


                                                                 
following:                                                                      

      (a)  Fees and commissions, other than those paid under       332          

section 507.09 of the Revised Code, paid as sole compensation for  333          

personal services and fees and commissions for special services    334          

over and above services for which the contributor receives a       335          

salary;                                                                         

      (b)  Amounts paid by the employer to provide life            337          

insurance, sickness, accident, endowment, health, medical,         338          

hospital, dental, or surgical coverage, or other insurance for     339          

the contributor or the contributor's family, or amounts paid by    340          

the employer to the contributor in lieu of providing the                        

insurance;                                                                      

      (c)  Incidental benefits, including lodging, food, laundry,  342          

parking, or services furnished by the employer, or use of the      343          

employer's property or equipment, or amounts paid by the employer  344          

to the contributor in lieu of providing the incidental benefits;   345          

      (d)  Reimbursement for job-related expenses authorized by    347          

the employer, including moving and travel expenses and expenses    348          

related to professional development;                               349          

      (e)  Payments for accrued but unused sick leave, personal    351          

leave, or vacation that are made at any time other than in the     353          

year in which the sick leave, personal leave, or vacation was      354          

accrued;                                                                        

      (f)  Payments made to or on behalf of a contributor that     356          

are in excess of the annual compensation that may be taken into    357          

account by the retirement system under division (a)(17) of         358          

section 401 of the "Internal Revenue Code of 1986," 100 Stat.      359          

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

      (g)  Payments made under division (B) or (D) of section      361          

5923.05 of the Revised Code or Section 4 of Substitute Senate      362          

Bill No. 3 of the 119th general assembly;                          363          

      (h)  Anything of value received by the contributor that is   365          

based on or attributable to retirement or an agreement to retire,  366          

except that payments made on or before January 1, 1989, that are   367          

                                                          11     


                                                                 
based on or attributable to an agreement to retire shall be        368          

included in earnable salary if both of the following apply:        369          

      (i)  The payments are made in accordance with contract       371          

provisions that were in effect prior to January 1, 1986;           372          

      (ii)  The employer pays the retirement system an amount      374          

specified by the retirement board equal to the additional          375          

liability resulting from the payments.                             376          

      (3)  The retirement board shall determine by rule whether    378          

any compensation not enumerated in division (R) of this section    379          

is earnable salary, and its decision shall be final.               381          

      (S)  "Pension reserve" means the present value, computed     383          

upon the basis of the mortality and other tables adopted by the    384          

board, of all payments to be made on account of any retirement     385          

allowance or benefit in lieu of any retirement allowance, granted  386          

to a member or beneficiary under this chapter.                                  

      (T)(1)  "Contributing service" means all service credited    388          

to a member of the system since January 1, 1935, for which         389          

contributions are made as required by sections 145.47, 145.48,     390          

and 145.483 of the Revised Code.  In any year subsequent to 1934,  391          

credit for any service shall be allowed by the following formula:  392          

      (a)  For each month for which the member's earnable salary   394          

is two hundred fifty dollars or more, allow one month's credit.    395          

      (b)  For each month for which the member's earnable salary   397          

is less than two hundred fifty dollars, allow a fraction of a      398          

month's credit.  The numerator of this fraction shall be the       399          

earnable salary during the month, and the denominator shall be     400          

two hundred fifty dollars, except that if the member's annual      401          

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  402          

calendar year of employment during which the member worked each    403          

month.  Division (T)(1)(b) of this section shall not reduce any    405          

credit earned before January 1, 1985.                                           

      (2)  Notwithstanding division (T)(1) of this section, an     407          

elected official who prior to January 1, 1980, was granted a full  408          

                                                          12     


                                                                 
year of credit for each year of service as an elected official     409          

shall be considered to have earned a full year of credit for each  410          

year of service regardless of whether the service was full-time    411          

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

authority to reduce the credit.                                    412          

      (U)  "State retirement board" means the public employees     414          

retirement board, the school employees retirement board, or the    415          

state teachers retirement board.                                                

      (V)  "Retirant" means any former member who retires and is   417          

receiving a monthly allowance as provided in sections 145.32,      418          

145.33, 145.331, 145.34, and 145.46 of the Revised Code.           419          

      (W)  "Employer contribution" means the amount paid by an     421          

employer as determined by the employer rate including the normal   422          

and deficiency contribution rates.                                 423          

      (X)  "Public service terminates" means the last day for      425          

which a public employee is compensated for services performed for  426          

an employer or the date of the employee's death, whichever occurs  427          

first.                                                                          

      (Y)  When a member has been elected or appointed to an       429          

office, the term of which is two or more years, for which an       430          

annual salary is established, and in the event that the salary of  431          

the office is increased and the member is denied the additional    432          

salary by reason of any constitutional provision prohibiting an                 

increase in salary during a term of office, the member may elect   433          

to have the amount of the member's contributions calculated upon   434          

the basis of the increased salary for the office.  At the          435          

member's request, the board shall compute the total additional     436          

amount the member would have contributed, or the amount by which   437          

each of the member's contributions would have increased, had the   438          

member received the increased salary for the office the member                  

holds.  If the member elects to have the amount by which the       439          

member's contribution would have increased withheld from the       440          

member's salary, the member shall notify the employer, and the     441          

employer shall make the withholding and transmit it to the                      

                                                          13     


                                                                 
retirement system.  A member who has not elected to have that      442          

amount withheld may elect at any time to make a payment to the     443          

retirement system equal to the additional amount the member's      444          

contribution would have increased, plus interest on that           445          

contribution, compounded annually at a rate established by the     446          

board and computed from the date on which the last contribution                 

would have been withheld from the member's salary to the date of   447          

payment.  A member may make a payment for part of the period for   448          

which the increased contribution was not withheld, in which case   449          

the interest shall be computed from the date the last              450          

contribution would have been withheld for the period for which                  

the payment is made.  Upon the payment of the increased            451          

contributions as provided in this division, the increased annual   452          

salary as provided by law for the office for the period for which  453          

the member paid increased contributions thereon shall be used in   454          

determining the member's earnable salary for the purpose of        455          

computing the member's final average salary.                                    

      (Z)  "Five years of service credit," for the exclusive       457          

purpose of satisfying the service credit requirements and of       458          

determining eligibility for benefits under section 145.33 of the   459          

Revised Code, means employment covered under this chapter or       460          

under a former retirement plan operated, recognized, or endorsed                

by the employer prior to coverage under this chapter or under a    461          

combination of the coverage.                                       463          

      (AA)  "Deputy sheriff" means any person who is commissioned  465          

and employed as a full-time peace officer by the sheriff of any    466          

county, and has been so employed since on or before December 31,   467          

1965, and whose primary duties are to preserve the peace, to       468          

protect life and property, and to enforce the laws of this state;  469          

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

peace officer by the sheriff of any county since January 1, 1966,  470          

and who has received a certificate attesting to the person's       471          

satisfactory completion of the peace officer training school as    472          

required by section 109.77 of the Revised Code and whose primary   473          

                                                          14     


                                                                 
duties are to preserve the peace, protect life and property, and   474          

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

sheriff of any county and employed pursuant to section 2301.12 of  475          

the Revised Code as a criminal bailiff or court constable who has  476          

received a certificate attesting to the person's satisfactory      477          

completion of the peace officer training school as required by     478          

section 109.77 of the Revised Code and whose primary duties are    479          

to preserve the peace, protect life and property, and enforce the  480          

laws of this state.                                                             

      (BB)  "Township constable or police officer in a township    482          

police department or district" means any person who is             483          

commissioned and employed as a full-time peace officer pursuant    484          

to Chapter 505. or 509. of the Revised Code, who has received a    485          

certificate attesting to the person's satisfactory completion of                

the peace officer training school as required by section 109.77    486          

of the Revised Code, and whose primary duties are to preserve the  487          

peace, protect life and property, and enforce the laws of this     488          

state.                                                                          

      (CC)  "Drug agent" means any person who is either of the     490          

following:                                                                      

      (1)  Employed full-time as a narcotics agent by a county     492          

narcotics agency created pursuant to section 307.15 of the         493          

Revised Code and has received a certificate attesting to the       494          

satisfactory completion of the peace officer training school as    495          

required by section 109.77 of the Revised Code;                                 

      (2)  Employed full-time as an undercover drug agent as       497          

defined in section 109.79 of the Revised Code and is in            498          

compliance with section 109.77 of the Revised Code.                499          

      (DD)  "Department of public safety enforcement agent" means  501          

a full-time employee of the department of public safety who is     503          

designated under section 5502.14 of the Revised Code as an         505          

enforcement agent and who is in compliance with section 109.77 of  507          

the Revised Code.                                                               

      (EE)  "Natural resources law enforcement staff officer"      509          

                                                          15     


                                                                 
means a full-time employee of the department of natural resources  510          

who is designated a natural resources law enforcement staff        511          

officer under section 1501.013 of the Revised Code and is in       514          

compliance with section 109.77 of the Revised Code.                             

      (FF)  "Park officer" means a full-time employee of the       516          

department of natural resources who is designated a park officer   518          

under section 1541.10 of the Revised Code and is in compliance     519          

with section 109.77 of the Revised Code.                                        

      (GG)  "Forest officer" means a full-time employee of the     521          

department of natural resources who is designated a forest         523          

officer under section 1503.29 of the Revised Code and is in        524          

compliance with section 109.77 of the Revised Code.                             

      (HH)  "Preserve officer" means a full-time employee of the   527          

department of natural resources who is designated a preserve       528          

officer under section 1517.10 of the Revised Code and is in        530          

compliance with section 109.77 of the Revised Code.                532          

      (II)  "Wildlife officer" means a full-time employee of the   534          

department of natural resources who is designated a wildlife       536          

officer under section 1531.13 of the Revised Code and is in        537          

compliance with section 109.77 of the Revised Code.                538          

      (JJ)  "State watercraft officer" means a full-time employee  541          

of the department of natural resources who is designated a state   542          

watercraft officer under section 1547.521 of the Revised Code and  543          

is in compliance with section 109.77 of the Revised Code.          544          

      (KK)  "Park district police officer" means a full-time       546          

employee of a park district who is designated pursuant to section  548          

511.232 or 1545.13 of the Revised Code and is in compliance with   549          

section 109.77 of the Revised Code.                                             

      (LL)  "Conservancy district officer" means a full-time       551          

employee of a conservancy district who is designated pursuant to   553          

section 6101.75 of the Revised Code and is in compliance with      554          

section 109.77 of the Revised Code.                                             

      (MM)  "Municipal police officer" means a member of the       556          

organized police department of a municipal corporation who is      558          

                                                          16     


                                                                 
employed full-time, is in compliance with section 109.77 of the    559          

Revised Code, and is not a member of the Ohio police and fire      560          

pension fund.                                                      561          

      (NN)  "Ohio veterans' home police officer" means any person  564          

who is employed at the Ohio veterans' home as a police officer     565          

pursuant to section 5907.02 of the Revised Code and is in          566          

compliance with section 109.77 of the Revised Code.                             

      (OO)  "Special police officer for a mental health            568          

institution" means any person who is designated as such pursuant   570          

to section 5119.14 of the Revised Code and is in compliance with   571          

section 109.77 of the Revised Code.                                             

      (PP)  "Special police officer for an institution for the     573          

mentally retarded and developmentally disabled" means any person   575          

who is designated as such pursuant to section 5123.13 of the       576          

Revised Code and is in compliance with section 109.77 of the       577          

Revised Code.                                                                   

      (QQ)  "State university law enforcement officer" means any   579          

person who is employed full-time as a state university law         581          

enforcement officer pursuant to section 3345.04 of the Revised     582          

Code and who is in compliance with section 109.77 of the Revised   583          

Code.                                                                           

      (RR)  "Hamilton county municipal court bailiff" means a      585          

person appointed by the clerk of courts of the Hamilton county     587          

municipal court under division (A)(3) of section 1901.32 of the    588          

Revised Code who is employed full-time as a bailiff or deputy      589          

bailiff, who has received a certificate attesting to the person's  590          

satisfactory completion of the peace officer training school as                 

required by division (C) of section 109.77 of the Revised Code,    591          

and whose primary duties are to preserve the peace, to protect     592          

life and property, and to enforce the laws of this state.          593          

      (SS)  Notwithstanding section 2901.01 of the Revised Code,   595          

"law enforcement officer" means a sheriff, deputy sheriff,         597          

township constable or police officer in a township police          598          

department or district, drug agent, department of public safety    599          

                                                          17     


                                                                 
enforcement agent, natural resources law enforcement staff                      

officer, park officer, forest officer, preserve officer, wildlife  601          

officer, state watercraft officer, park district police officer,   602          

conservancy district officer, Ohio veterans' home police officer,  603          

special police officer for a mental health institution, special    604          

police officer for an institution for the mentally retarded and    605          

developmentally disabled, state university law enforcement                      

officer, Hamilton county municipal court bailiff, or municipal     606          

police officer.                                                                 

      (TT)  "Fiduciary" means a person who does any of the         608          

following:                                                         609          

      (1)  Exercises any discretionary authority or control with   611          

respect to the management of the system or with respect to the     612          

management or disposition of its assets;                           613          

      (2)  Renders investment advice for a fee, direct or          615          

indirect, with respect to money or property of the system;         616          

      (3)  Has any discretionary authority or responsibility in    618          

the administration of the system.                                  619          

      (UU)  "Actuary" means an individual who satisfies all of     621          

the following requirements:                                        623          

      (1)  Is a member of the American academy of actuaries;       625          

      (2)  Is an associate or fellow of the society of actuaries;  627          

      (3)  Has a minimum of five years' experience in providing    629          

actuarial services to public retirement plans.                     630          

      Sec. 145.23.  The funds hereby created are the employees'    639          

savings fund, the employers' accumulation fund, the annuity and    640          

pension reserve fund, the income fund, the survivors' benefit      641          

fund, and the expense fund.                                        642          

      (A)  The employees' savings fund is the fund in which shall  644          

be accumulated contributions from the earnable salaries of         645          

contributors for the purchase of annuities or retirement           646          

allowances.                                                        647          

      The accumulated contributions of a contributor returned to   649          

him THE CONTRIBUTOR upon his withdrawal, or paid to his THE        651          

                                                          18     


                                                                 
CONTRIBUTOR'S estate or designated beneficiary in the event of     652          

his death, shall be paid from the employees' savings fund.  Any    653          

accumulated contributions forfeited by failure of a member, or     654          

his A MEMBER'S estate, to claim the same, shall be transferred     656          

from the employees' savings fund to the income fund.  The          657          

accumulated contributions of a contributor shall be transferred    658          

from the employees' savings fund to the annuity and pension        659          

reserve fund in the event of his THE CONTRIBUTOR'S retirement.     660          

      (B)  The employers' accumulation fund is the fund in which   662          

shall be accumulated the reserves for the payment of all pensions  663          

and disability benefits payable as provided in this chapter.  The  664          

amounts paid by the state of Ohio and by any employer defined in   665          

division (A) of section 145.01 of the Revised Code because of the  666          

normal contributions and deficiency contributions shall be         667          

credited to the employers' accumulation fund.                      668          

      Any payments made into the employers' accumulation fund by   670          

a member as provided in section 145.31 of the Revised Code shall   671          

be refunded to such member under the conditions specified in       672          

section 145.40 of the Revised Code.                                673          

      Upon the retirement of a contributor, the full amount of     675          

his THE CONTRIBUTOR'S pension reserve shall be transferred from    676          

the employers' accumulation fund to the annuity and pension        678          

reserve fund.                                                                   

      (C)  The annuity and pension reserve fund is the fund from   680          

which shall be paid all pensions, disability benefits, annuities,  681          

and benefits in lieu thereof, because of which reserves have been  682          

transferred from the employees' savings fund and the employers'    683          

accumulation fund.                                                 684          

      Any contributor may deposit in the employees' savings fund,  686          

subject to rules established from time to time by the public       687          

employees retirement board, such amounts as he THE CONTRIBUTOR     688          

desires, and, at the time of age and service retirement, shall     690          

receive in return therefor, at his THE CONTRIBUTOR'S option,       691          

either an annuity having a reserve equal to the amount deposited   693          

                                                          19     


                                                                 
or a cash refund of such amounts together with such interest as    694          

may have been allowed by the public employees retirement board at  695          

the end of each calendar year.  Such deposits for additional       696          

annuity together with such interest as may have been allowed by    697          

the public employees retirement board at the end of each calendar  698          

year shall be refunded in the event of death prior to retirement   699          

or withdrawal of accumulated contributions as provided in          700          

sections 145.40 and 145.43 of the Revised Code or upon             701          

application of the contributor prior to age and service            702          

retirement.                                                                     

      FOR DEPOSITS RECEIVED IN A CALENDAR YEAR, INTEREST SHALL BE  705          

EARNED BEGINNING ON THE FIRST DAY OF THE CALENDAR YEAR NEXT                     

FOLLOWING AND ENDING ON THE LAST DAY OF THAT YEAR, EXCEPT THAT IN  707          

THE CASE OF A PAYMENT UNDER THIS DIVISION MADE PRIOR TO THE LAST   709          

DAY OF A YEAR, INTEREST SHALL BE EARNED ENDING ON THE LAST DAY OF  710          

THE MONTH PRIOR TO THE DATE OF PAYMENT.  THE BOARD SHALL CREDIT    711          

INTEREST AT THE END OF THE CALENDAR YEAR IN WHICH IT IS EARNED.    712          

      (D)  The income fund is the fund from which interest is      714          

transferred and credited on the amounts in the funds described in  715          

divisions (B), (C), and (F) of this section, and is a contingent   716          

fund from which the special requirements of the funds may be paid  717          

by transfer from this fund.  All income derived from the           718          

investment of funds by the public employees retirement board as    719          

trustee under section 145.11 of the Revised Code, together with    720          

all gifts and bequests, or the income therefrom, shall be paid     721          

into this fund.                                                    722          

      Any deficit occurring in any other fund that will not be     724          

covered by payments to that fund, as otherwise provided in         725          

Chapter 145. of the Revised Code, shall be paid by transfers of    726          

amounts from the income fund to such fund or funds.  If the        727          

amount in the income fund is insufficient at any time to meet the  728          

amounts payable therefrom, the amount of the deficiency, with      729          

regular interest, shall be paid by an additional employer rate of  730          

contributions as determined by the actuary, not to exceed          731          

                                                          20     


                                                                 
fourteen per cent, and the amount of the additional employer       732          

contribution shall be credited to the income fund.                 733          

      The public employees retirement board may accept gifts and   735          

bequests.  Any funds that may come into possession of the public   736          

employees retirement board in this manner, or which may be         737          

transferred from the employees' savings fund by reason of lack of  738          

a claimant, or any surplus in any fund created by this section,    739          

or any other funds whose disposition is not otherwise provided     740          

for, shall be credited to the income fund.                         741          

      (E)  The expense fund is the fund from which shall be paid   743          

the expenses of the administration of this chapter, exclusive of   744          

amounts payable as retirement allowances and as other benefits.    745          

      (F)  The survivors' benefit fund is the fund from which      747          

shall be paid dependent survivor benefits provided by section      748          

145.45 of the Revised Code.                                        749          

      Sec. 145.31.  Except as provided in this section, a member   758          

or former member of the public employees retirement system with    760          

at least eighteen months of contributing service credit in this    761          

system, the state teachers retirement system, the school           762          

employees retirement system, the Ohio police and fire pension      764          

fund, or the state highway patrol retirement system, after the     765          

withdrawal of ACCUMULATED contributions and cancellation of        766          

service credit in this system, may restore such service credit by  768          

redepositing in the employees' savings fund the amount withdrawn,  769          

with interest on such amount compounded annually at a rate to be   770          

determined by the public employees retirement board from the       771          

first day of the month of withdrawal to and including the month    772          

of redeposit.  The AMOUNT REDEPOSITED SHALL BE CREDITED AS         773          

FOLLOWS:                                                                        

      (A)  THE AMOUNT THAT EQUALS THE AMOUNT, IF ANY, INCLUDED     775          

UNDER SECTION 145.401 OF THE REVISED CODE IN THE WITHDRAWAL OF     777          

ACCUMULATED CONTRIBUTIONS UNDER SECTION 145.40 OF THE REVISED      778          

CODE SHALL BE CREDITED TO THE EMPLOYERS' ACCUMULATION FUND.        779          

      (B)  THE REMAINING AMOUNT SHALL BE CREDITED TO THE MEMBER'S  781          

                                                          21     


                                                                 
ACCOUNT IN THE EMPLOYEES' SAVINGS FUND.                            782          

      THE member may choose to purchase only part of such credit   785          

in any one payment, subject to board rules.  The EXCEPT FOR ANY    787          

AMOUNT INCLUDED UNDER SECTION 145.401 OF THE REVISED CODE IN THE   788          

WITHDRAWAL OF ACCUMULATED CONTRIBUTIONS UNDER SECTION 145.40 OF    789          

THE REVISED CODE, THE total payment to restore canceled service    791          

credit, plus any interest credited thereto, shall be considered    792          

as accumulated contributions of the member.  If a former member    793          

is eligible to buy the service credit as a member of the Ohio      794          

police and fire pension fund or state highway patrol retirement    796          

system, the former member is ineligible to restore that service                 

credit under this section.                                         797          

      Any employee who has been refunded the employee's            799          

accumulated contributions to the public employees retirement       800          

system solely by reason of membership in a former firemen's        801          

relief and pension fund or a former police relief and pension      802          

fund may restore membership in the public employees retirement     803          

system by redepositing with the system the amount refunded, with   804          

interest on such amount compounded annually at a rate to be        805          

determined by the board from the month of refund to and including  806          

the month of redeposit.  The member may choose to purchase only    807          

part of such credit in any one payment, subject to board rules.    808          

      Sec. 145.37.  (A)  As used in this section:                  818          

      (1)  "State retirement system" means the public employees    820          

retirement system, school employees retirement system, or state    821          

teachers retirement system.                                        822          

      (2)  "Total service credit" means all service credit earned  824          

in the state retirement systems, except credit for service         825          

subject to section 145.38 of the Revised Code.  Total service      826          

credit shall not exceed one year of credit for any twelve-month    827          

period.                                                            828          

      (3)  In addition to the meaning given in division (N) of     830          

section 145.01 of the Revised Code, "disability benefit" means     831          

"disability benefit" as defined in sections 3307.01 and 3309.01    832          

                                                          22     


                                                                 
of the Revised Code.                                               833          

      (B)  To coordinate and integrate membership in the state     835          

retirement systems, the following provisions apply:                836          

      (1)  At the option of a member, total contributions and      838          

service credit in all state retirement systems, including amounts  839          

paid to restore service credit under sections 145.311, 3307.282,   840          

and 3309.261 of the Revised Code, shall be used in determining     842          

the eligibility and total retirement or disability benefit         843          

payable.  When total contributions and service credit are so       844          

combined, the following provisions apply:                                       

      (a)  Age and service retirement or disability benefits are   846          

effective on the first day of the month immediately following the  847          

later of:                                                          848          

      (i)  The last day for which compensation was paid;           850          

      (ii)  The attainment of minimum age or service credit        852          

eligibility for benefits provided under this section.              853          

      (b)  In determining eligibility for a disability benefit,    855          

the medical examiner's report to the retirement board of any       856          

state retirement system, showing that the member's disability      857          

incapacitates the member for the performance of duty, may be       858          

accepted by the state retirement boards as sufficient for          860          

granting a disability benefit.                                     861          

      (c)  The state retirement system in which the member had     863          

the greatest service credit, without adjustment, shall determine   864          

and pay the total retirement or disability benefit.  Where the     865          

member's credit is equal in two or more state retirement systems,  867          

the system having the largest total contributions of the member    868          

shall determine and pay the total benefit.                         869          

      (d)  In determining the total credit to be used in           871          

calculating a retirement or disability benefit, credit shall not   872          

be reduced below that certified by the system or systems           873          

transferring credit, except that such total combined service       874          

credit shall not exceed one year of credit for any one "year" as   875          

defined in the law of the system making the calculation.           876          

                                                          23     


                                                                 
      (e)  The state retirement system determining and paying a    878          

retirement or disability benefit shall receive from the other      879          

system or systems the member's refundable account at retirement    880          

or the effective date of a disability benefit plus an equal        881          

amount from the employer's EMPLOYERS' accumulation fund EQUAL TO   883          

THE MEMBER'S REFUNDABLE ACCOUNT LESS INTEREST CREDITED UNDER       884          

SECTION 145.471, 145.472, OR 3307.80 OF THE REVISED CODE.          885          

      (i)  The annuity rates and mortality tables of the state     887          

retirement system making the calculation and paying the benefit    888          

shall be exclusively applicable.                                   889          

      (ii)  Deposits made for the purpose of an additional         891          

annuity, and including guaranteed interest, upon the request of    892          

the member, shall be transferred to the state retirement system    893          

paying the benefit.  The return upon such deposits shall be that   894          

offered by the state retirement system making the calculation and  895          

paying the benefit.                                                896          

      (2)  A former member receiving a retirement or disability    898          

benefit under this section, who accepts employment amenable to     899          

coverage in any state retirement system that participated in the   900          

former member's combined benefit, shall be subject to the          902          

applicable provisions of law governing such re-employment.  If     903          

the former member is subject to section 3307.381 of the Revised    904          

Code and exceeds the limits on re-employment established by that   905          

section, the state retirement system paying a combined benefit     906          

shall terminate the entire pension portion of the benefit for the  907          

period of re-employment that exceeds the limit in that section.    908          

If a former member should be paid any amount in a retirement       909          

benefit, to which the former member is not entitled under the      910          

applicable provisions of law governing such re-employment, such    912          

amount shall be recovered by the state retirement system paying    913          

such benefit by utilizing any recovery procedure available under   914          

the code provisions of the state retirement system covering such   915          

re-employment.                                                                  

      (C)  A PERS retirant or other system retirant, as defined    917          

                                                          24     


                                                                 
in section 145.38 of the Revised Code, is not eligible to receive  918          

any benefit under this section for service subject to section      919          

145.38 of the Revised Code.                                        920          

      Sec. 145.38.  (A)  As used in this section:                  930          

      (1)  "PERS retirant" means a former member of the public     932          

employees retirement system who is receiving either of the         933          

following:                                                                      

      (a)  Age and service retirement benefits under section       935          

145.32, 145.33, 145.331, 145.34, or 145.46 of the Revised Code;    936          

      (b)  Age and service retirement benefits paid by the public  938          

employees retirement system under section 145.37 of the Revised    939          

Code.                                                              940          

      (2)  "Other system retirant" means both of the following:    942          

      (a)  A member or former member of the Ohio police and        944          

firemen's fire pension fund, state teachers retirement system,     945          

school employees retirement system, state highway patrol           946          

retirement system, or Cincinnati retirement system who is          947          

receiving age and service or commuted age and service retirement   948          

benefits or a disability benefit from a system of which the        949          

person is a member or former member;                               950          

      (b)  A member or former member of the public employees       952          

retirement system who is receiving age and service retirement      953          

benefits or a disability benefit under section 145.37 of the       954          

Revised Code paid by the school employees retirement system or     955          

the state teachers retirement system.                              956          

      (B)(1)  Subject to this section, a PERS retirant or other    958          

system retirant may be employed by a public employer.  If so       959          

employed, the PERS retirant or other system retirant shall         960          

contribute to the public employees retirement system in            961          

accordance with section 145.47 of the Revised Code, and the        962          

employer shall make contributions in accordance with section       963          

145.48 of the Revised Code.                                        964          

      (2)  A public employer that employs a PERS retirant or       966          

other system retirant, or enters into a contract for services as   967          

                                                          25     


                                                                 
an independent contractor with a PERS retirant who was employed    968          

by the public employer at the time of the retirant's retirement    970          

shall notify the retirement board of the employment or contract                 

not later than the end of the month in which the employment or     971          

contract commences.  Any overpayment of benefits to a PERS         972          

retirant by the retirement system resulting from delay or failure  973          

of the employer to give the notice shall be repaid to the          974          

retirement system by the employer.                                 975          

      (3)  On receipt of notice from a public employer that a      977          

person who is an other system retirant has been employed, the      978          

retirement system shall notify the retirement system of which the  979          

other system retirant was a member of such employment.             980          

      (4)(a)  A PERS retirant who has received a retirement        982          

allowance for less than six months when employment subject to      983          

this section commences shall forfeit the retirement allowance for  984          

the period that begins on the date the employment commences and    985          

ends on the date that is six months after the date on which the    986          

retirement allowance commenced.  Service and contributions for     987          

that period shall not be included in calculation of any benefits   988          

payable to the PERS retirant and those contributions shall be      989          

refunded on the retirant's death or termination of the             990          

employment.  For purposes of this division, "employment" shall     991          

include service for which the retirant or the retirant's           992          

employer, or both, have waived any earnable salary for such        993          

service.                                                                        

      (b)  An other system retirant who has received a retirement  995          

allowance or disability benefit for less than two months when      997          

employment subject to this section commences shall forfeit the     998          

retirement allowance or disability benefit for the period that     999          

begins on the date the employment commences and ends on the date   1,000        

that is two months after the date on which the retirement          1,001        

allowance or disability benefit commenced.  Service and            1,002        

contributions for that period shall not be included in the                      

calculation of any benefits payable to the other system retirant   1,003        

                                                          26     


                                                                 
and those contributions shall be refunded on the retirant's death  1,005        

or termination of the employment.                                               

      (5)  On receipt of notice from the Ohio police and fire      1,008        

pension fund, school employees retirement system, or state         1,010        

teachers retirement system of the re-employment of a PERS          1,011        

retirant, the public employees retirement system shall not pay,                 

or if paid, shall recover, the amount to be forfeited by the PERS  1,012        

retirant in accordance with section 742.26, 3307.381, or 3309.341  1,013        

of the Revised Code.                                               1,014        

      (6)  A PERS retirant who enters into a contract to provide   1,016        

services as an independent contractor to the employer by which     1,017        

the retirant was employed at the time of retirement or, less than  1,019        

two months after the retirement allowance commences, begins                     

providing services as an independent contractor pursuant to a      1,020        

contract with another public employer, shall forfeit the pension   1,021        

portion of the retirement benefit for the period beginning the     1,022        

first day of the month following the month in which the services   1,023        

begin and ending on the first day of the month following the       1,024        

month in which the services end.  The annuity portion of the       1,025        

retirement allowance shall be suspended on the day services under  1,026        

the contract begin and shall accumulate to the credit of the       1,027        

retirant to be paid in a single payment after services provided    1,028        

under the contract terminate.  A PERS retirant subject to          1,029        

division (B)(6) of this section shall not contribute to the        1,030        

retirement system and shall not become a member of the system.     1,031        

      (C)(1)  Except as provided in division (C)(4) of this        1,033        

section, a PERS retirant employed pursuant to this section shall   1,035        

elect one of the following:                                                     

      (a)  To receive both compensation for the employment and a   1,038        

retirement allowance;                                                           

      (b)  To receive compensation for the employment and forfeit  1,041        

the pension portion of the retirement allowance.                                

      (2)  A PERS retirant who is described in division (C)(4) of  1,044        

this section or elects to forfeit the pension portion of the       1,045        

                                                          27     


                                                                 
retirement allowance under division (C)(1)(b) of this section      1,046        

shall become a new member of the public employees retirement       1,047        

system with all the rights, privileges, and obligations of         1,048        

membership, except that the new membership does not include        1,049        

survivor benefits provided pursuant to section 145.45 of the       1,050        

Revised Code OR ANY AMOUNT CALCULATED UNDER SECTION 145.401 OF     1,051        

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

retirement allowance shall cease on the first day of the first     1,052        

month following commencement of the employment and shall           1,053        

thereafter be forfeited until the first day of the first month     1,054        

following termination of the employment.  The annuity portion of   1,055        

the retirement allowance shall be suspended on the first day of    1,056        

the first month following commencement of the employment and       1,057        

shall thereafter accumulate to the credit of the PERS retirant to  1,058        

be paid in a single payment after termination of the employment.   1,059        

The retirement allowance shall resume on the first day of the      1,060        

first month following termination of the employment.  On           1,061        

termination of the employment, the PERS retirant shall elect to    1,062        

receive either a refund of the retirant's contributions to the     1,064        

retirement system during the period of employment subject to this  1,065        

section or a supplemental retirement allowance based on the        1,066        

retirant's contributions and service credit for that period of     1,067        

employment.                                                                     

      (3)  Except as provided in division (B)(4) of this section,  1,069        

there shall be no suspension or forfeiture of any portion of the   1,070        

retirement allowance payable to other system retirants or to PERS  1,071        

retirants who make an election under division (C)(1)(a) of this    1,072        

section.                                                           1,073        

      (4)  A PERS retirant shall elect division (C)(1)(b) of this  1,076        

section if both of the following apply:                                         

      (a)  The retirant held elective office in this state, or in  1,078        

any municipal corporation, county, or other subdivision of this    1,079        

state at the time of retirement under Chapter 145. of the Revised  1,080        

Code;                                                                           

                                                          28     


                                                                 
      (b)  The retirant was elected or appointed to the same       1,082        

office for the remainder of the term or the term immediately       1,083        

following the term during which the retirement occurred.           1,084        

      (D)(1)  On termination of employment under this section,     1,086        

the PERS retirant who makes an election under division (C)(1)(a)   1,087        

of this section or other system retirant may file an application   1,088        

with the public employees retirement system for a benefit under    1,089        

this division, which shall consist of a single life annuity        1,090        

having a reserve equal to the amount of the retirant's             1,091        

accumulated contributions for the period of employment and an      1,092        

equal amount of the employer's contributions.  The PERS retirant   1,093        

or other system retirant shall elect either to receive the         1,094        

benefit as a monthly annuity for life or a lump-sum payment        1,095        

discounted to the present value using the current actuarial        1,096        

assumption rate of interest, except that if the monthly annuity    1,097        

would be less than twenty-five dollars per month, the retirant     1,098        

shall receive a lump-sum payment.                                  1,099        

      (2)  A benefit payable under this division shall commence    1,101        

on the latest of the following:                                    1,102        

      (a)  The last day for which compensation for employment      1,104        

subject to this section was paid;                                  1,105        

      (b)  Attainment by the PERS retirant or other system         1,107        

retirant of age sixty-five;                                        1,108        

      (c)  If the PERS retirant or other system retirant was       1,110        

previously employed under this section and is receiving or         1,111        

previously received a benefit under this division, completion of   1,112        

a period of twelve months since the effective date of the last     1,113        

benefit under this division.                                       1,114        

      (3)(a)  If a PERS retirant or other system retirant dies     1,116        

while employed in employment subject to this section, a lump-sum   1,117        

payment calculated in accordance with division (D)(1) of this      1,118        

section shall be paid to the retirant's beneficiary under          1,119        

division (G) of this section.                                      1,120        

      (b)  If at the time of death a PERS retirant or other        1,122        

                                                          29     


                                                                 
system retirant receiving a monthly annuity has received less      1,123        

than the retirant would have received as a lump-sum payment, the   1,125        

difference between the amount received and the amount that would   1,126        

have been received as a lump-sum payment shall be paid to the      1,127        

retirant's beneficiary under division (G) of this section.         1,128        

      (4)(a)  A PERS retirant or other system retirant subject to  1,130        

this division is not a member of the public employees retirement   1,131        

system, does not have any of the rights, privileges, or            1,132        

obligations of membership, except as specified in this section,    1,133        

and, except as specified in division (D)(4)(b) of this section,    1,134        

is not eligible to receive health, medical, hospital, or surgical  1,135        

benefits under section 145.58 of the Revised Code for employment   1,136        

subject to this section.  No amount received under this division   1,137        

shall be included in determining an additional benefit under       1,138        

section 145.323 of the Revised Code or any other post-retirement   1,139        

benefit increase.                                                  1,140        

      (b)  A PERS retirant who makes an election under division    1,142        

(C)(1)(a) of this section shall receive primary health, medical,   1,143        

hospital, or surgical insurance coverage from the retirant's       1,144        

employer, if the employer provides coverage to other employees     1,145        

performing comparable work.  Neither the employer nor the PERS     1,146        

retirant may waive the employer's coverage, except that the PERS   1,147        

retirant may waive the employer's coverage if the retirant has     1,148        

coverage comparable to that provided by the employer from a        1,149        

source other than the employer or the public employees retirement  1,150        

system.  If a claim is made, the employer's coverage shall be the  1,151        

primary coverage and shall pay first.  The benefits provided       1,152        

under section 145.58 of the Revised Code shall pay only those      1,153        

medical expenses not paid through the employer's coverage or       1,154        

coverage the PERS retirant receives through a source other than    1,155        

the retirement system.                                             1,156        

      (E)  If the disability benefit of an other system retirant   1,158        

employed under this section is terminated, the retirant shall      1,159        

become a member of the public employees retirement system,         1,160        

                                                          30     


                                                                 
effective on the first day of the month next following the         1,161        

termination with all the rights, privileges, and obligations of    1,162        

membership.  If such person, after the termination of the          1,163        

disability benefit, earns two years of service credit under this   1,164        

system or under the Ohio police and fire pension fund, state       1,166        

teachers retirement system, school employees retirement system,    1,167        

or state highway patrol retirement system, the person's prior      1,168        

contributions as an other system retirant under this section       1,169        

shall be included in the person's total service credit as a        1,170        

public employees retirement system member, and the person shall    1,171        

forfeit all rights and benefits of this section.  Not more than    1,172        

one year of credit may be given for any period of twelve months.   1,173        

      (F)  A PERS retirant who performs services for a public      1,175        

employer as an independent contractor pursuant to a contract with  1,176        

the employer shall not make contributions to the public employees  1,177        

retirement system or become a member of the system.  Except as     1,178        

provided in division (B)(6) of this section, there shall be no     1,179        

suspension or forfeiture of the retirant's retirement allowance.   1,180        

      (G)  A PERS retirant or other system retirant employed       1,182        

under this section may designate one or more persons as            1,183        

beneficiary to receive any benefits payable under this section     1,184        

due to death.  The designation shall be in writing duly executed   1,186        

on a form provided by the public employees retirement board,       1,187        

signed by the PERS retirant or other system retirant, and filed    1,188        

with the board prior to death.  The last designation of a          1,189        

beneficiary revokes all previous designations.  The PERS                        

retirant's or other system retirant's marriage, divorce, marriage  1,190        

dissolution, legal separation, withdrawal of account, birth of a   1,192        

child, or adoption of a child revokes all previous designations.   1,193        

If there is no designated beneficiary, the beneficiary is the      1,194        

beneficiary determined under division (D) of section 145.43 of     1,195        

the Revised Code.  If any benefit payable under this section due   1,196        

to the death of a PERS retirant or other system retirant is not    1,197        

claimed by a beneficiary within five years after the death, the    1,198        

                                                          31     


                                                                 
amount payable shall be transferred to the income fund and         1,199        

thereafter paid to the beneficiary or the estate of the PERS       1,200        

retirant or other system retirant on application to the board.                  

      (H)  This section does not affect the receipt of benefits    1,202        

by or eligibility for benefits of any person who on August 20,     1,203        

1976, was receiving a disability benefit or service retirement     1,204        

pension or allowance from a state or municipal retirement system   1,205        

in Ohio and was a member of any other state or municipal           1,206        

retirement system of this state.                                   1,207        

      (I)  The public employees retirement board may adopt rules   1,209        

to carry out this section.                                         1,210        

      Sec. 145.40.  (A)  Subject to the provisions of section      1,220        

145.57 of the Revised Code, if a member elects to become exempt    1,221        

from contribution to the public employees retirement system        1,222        

pursuant to section 145.03 of the Revised Code or ceases to be a   1,223        

public employee for any cause other than death, retirement,        1,224        

receipt of a disability benefit, or election of an alternative     1,225        

retirement plan under section 3305.05 of the Revised Code, upon    1,226        

application the public employees retirement board shall pay the    1,228        

member the accumulated contributions standing to the credit of     1,229        

the member's individual account in the employees' savings fund,    1,231        

plus any principal payment and interest on it the member may have  1,232        

made to purchase additional service credit under this chapter or   1,234        

Section 4 of Substitute Senate Bill 138 of the 117th general       1,235        

assembly, AND PLUS ANY APPLICABLE AMOUNT CALCULATED UNDER SECTION  1,236        

145.401 OF THE REVISED CODE, provided that all the following       1,237        

apply:                                                                          

      (1)  Three months have elapsed since the member's public     1,240        

service, other than service exempted from contribution pursuant    1,241        

to section 145.03 of the Revised Code, was terminated;             1,242        

      (2)  The member has not returned to public service, other    1,244        

than service exempted from contribution pursuant to section        1,245        

145.03 of the Revised Code, during that three-month period;        1,246        

      (3)  The member is not a member of the school employees      1,248        

                                                          32     


                                                                 
retirement system or the state teachers retirement system.         1,249        

      The payment of such accumulated contributions shall cancel   1,251        

the total service credit of such member in the public employees    1,252        

retirement system.                                                 1,253        

      (B)  This division applies to any member who ceases to be a  1,255        

public employee by electing an alternative retirement plan         1,256        

pursuant to section 3305.05 of the Revised Code and is not         1,257        

otherwise employed as a public employee in a position to which     1,259        

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

"continuously employed" has the same meaning as in section         1,260        

3305.01 of the Revised Code.                                       1,261        

      (1)  Subject to section 145.57 of the Revised Code, on the   1,263        

application of a member to whom this division applies who is       1,265        

continuously employed, the public employees retirement board       1,266        

shall pay the accumulated contributions standing to the credit of  1,267        

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

plus any additional amounts described in division (A) of this      1,268        

section, to the entity providing the member's alternative          1,269        

retirement plan for application to that plan in accordance with    1,270        

any contract the member has entered into for purposes of that      1,271        

plan.                                                                           

      (2)  Subject to section 145.57 of the Revised Code, on       1,273        

application of a member to whom this division applies who has      1,275        

ceased to be continuously employed, the public employees           1,276        

retirement board shall pay the accumulated contributions standing  1,277        

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

employees' savings fund, plus any additional amounts described in  1,278        

division (A) of this section, to the entity providing the          1,279        

member's alternative retirement plan for application to that plan  1,280        

in accordance with any contract the member has entered into for    1,281        

purposes of that plan, provided that all of the following apply:   1,282        

      (a)  At least three months have elapsed since the date on    1,284        

which the member ceased to be continuously employed;               1,285        

      (b)  The member has not been employed as a public employee   1,287        

                                                          33     


                                                                 
during that three-month period;                                    1,288        

      (c)  Division (A)(3) of this section applies to the member.  1,291        

      (3)  Payment of a member's accumulated contributions under   1,293        

this division cancels the member's total service credit in the     1,294        

public employees retirement system.                                1,295        

      Sec. 145.401.  (A)  AS USED IN THIS SECTION:                 1,297        

      (1)  "ELIGIBLE CONTRIBUTIONS" MEANS AMOUNTS CONTRIBUTED      1,299        

UNDER SECTION 145.47 OF THE REVISED CODE, AMOUNTS RECEIVED FROM A  1,300        

MEMBER OR TRANSFERRED UNDER SECTION 145.20, 145.295, 145.302, OR   1,301        

145.44 OF THE REVISED CODE, AND ANY INTEREST CREDITED UNDER        1,303        

SECTION 145.471 OR 145.472 OF THE REVISED CODE.  "ELIGIBLE         1,305        

CONTRIBUTIONS" DOES NOT INCLUDE CONTRIBUTIONS THAT WERE USED IN    1,306        

THE PAYMENT OF A DISABILITY BENEFIT OR, AS PROVIDED IN RULES       1,307        

ADOPTED BY THE BOARD, WERE REFUNDED TO A MEMBER BECAUSE THE        1,308        

SYSTEM WAS NOT AUTHORIZED TO ACCEPT THE CONTRIBUTIONS.                          

      (2)  "SERVICE CREDIT" MEANS SERVICE CREDIT EARNED FOR        1,310        

PERIODS FOR WHICH CONTRIBUTIONS WERE MADE UNDER SECTION 145.47 OF  1,311        

THE REVISED CODE AND, IF APPLICABLE, PERIODS FOR WHICH SERVICE     1,312        

CREDIT WAS PURCHASED OR TRANSFERRED UNDER SECTION 145.20,          1,313        

145.295, 145.302, OR 145.44 OF THE REVISED CODE.                   1,314        

      (B)  IF A MEMBER HAS, OR AT THE TIME OF DEATH HAD, AT LEAST  1,316        

FIVE YEARS OF SERVICE CREDIT, THE PUBLIC EMPLOYEES RETIREMENT      1,317        

BOARD SHALL INCLUDE THE AMOUNT SPECIFIED IN DIVISION (B)(1) OR     1,318        

(2) OF THIS SECTION IN THE AMOUNT PAYABLE UNDER SECTION 145.40 OF  1,319        

THE REVISED CODE TO THE MEMBER, OR UNDER DIVISION (B) OF SECTION   1,321        

145.43 OF THE REVISED CODE TO A BENEFICIARY OR BENEFICIARIES OF    1,322        

THE MEMBER, UNLESS AT THE TIME OF DEATH THE MEMBER WAS A           1,323        

DISABILITY BENEFIT RECIPIENT.  THE AMOUNT SPECIFIED IN DIVISION    1,324        

(B)(1) OR (2) OF THIS SECTION SHALL BE PAID FROM THE EMPLOYERS'    1,325        

ACCUMULATION FUND.                                                 1,326        

      (1)  IF THE MEMBER HAS, OR HAD AT THE TIME OF DEATH, AT      1,328        

LEAST FIVE BUT LESS THAN TEN YEARS OF SERVICE CREDIT, THE AMOUNT   1,329        

INCLUDED SHALL BE EQUAL TO THIRTY-THREE PER CENT OF THE MEMBER'S   1,331        

ELIGIBLE CONTRIBUTIONS.                                                         

                                                          34     


                                                                 
      (2)  IF THE MEMBER HAS, OR HAD AT THE TIME OF DEATH, AT      1,333        

LEAST TEN YEARS OF SERVICE CREDIT, THE AMOUNT INCLUDED SHALL BE    1,334        

EQUAL TO SIXTY-SEVEN PER CENT OF THE MEMBER'S ELIGIBLE             1,335        

CONTRIBUTIONS.                                                     1,336        

      Sec. 145.43.  (A)  As used in this section and in section    1,345        

145.45 of the Revised Code:                                        1,346        

      (1)  "Child" means a biological or legally adopted child of  1,349        

a deceased member.  If a court hearing for an interlocutory        1,350        

decree for adoption was held prior to the member's death, "child"  1,351        

includes the child who was the subject of the hearing                           

notwithstanding the fact that the final decree of adoption,        1,352        

adjudging the surviving spouse as the adoptive parent, is made     1,353        

subsequent to the member's death.                                               

      (2)  "Parent" is a parent or legally adoptive parent of a    1,356        

deceased member.                                                   1,357        

      (3)  "Dependent" means a beneficiary who receives one-half   1,359        

of the beneficiary's support from a member during the twelve       1,360        

months prior to the member's death.                                1,361        

      (4)  "Surviving spouse" means an individual who establishes  1,364        

a valid marriage to a member at the time of the member's death by  1,365        

marriage certificate or pursuant to division (E) of this section.  1,366        

      (5)  "Survivor" means a surviving spouse, child, or parent.  1,369        

      (B)  Except as provided in division (C)(1) of section        1,372        

145.45 of the Revised Code, should a member die before age and     1,374        

service retirement, the member's accumulated contributions, any    1,375        

deposits for purchase of additional annuity, and any payment the   1,377        

member has made to restore previously forfeited service credit as  1,379        

provided in section 145.31 of the Revised Code, AND ANY            1,380        

APPLICABLE AMOUNT CALCULATED UNDER SECTION 145.401 OF THE REVISED  1,381        

CODE, shall be paid to the person or persons the member has        1,382        

designated in writing duly executed on a form provided by the      1,384        

public employees retirement board, signed by the member, and       1,385        

filed with the board prior to the member's death.  A member may    1,386        

designate two or more persons as beneficiaries jointly to be paid  1,388        

                                                          35     


                                                                 
the accumulated account in a lump sum.  The last designation of    1,389        

any beneficiary revokes all previous designations.  The member's   1,390        

marriage, divorce, marriage dissolution, legal separation, or      1,391        

withdrawal of account, or the birth of the member's child, or      1,392        

adoption of a child, shall constitute an automatic revocation of   1,394        

the member's previous designation.  If a deceased member was also  1,395        

a member of the school employees retirement system or the state    1,396        

teachers retirement system, the beneficiary last established       1,397        

among the systems shall be the sole beneficiary in all the         1,398        

systems.                                                                        

      If the accumulated contributions of a deceased member are    1,400        

not claimed by a beneficiary or by the estate of the deceased      1,401        

member within five years, the contributions shall be transferred   1,403        

to the income fund and thereafter paid to the beneficiary or to    1,405        

the member's estate upon application to the board.  The board      1,406        

shall formulate and adopt the necessary rules governing all        1,407        

designations of beneficiaries.                                     1,408        

      (C)  Except as provided in division (C)(1) of section        1,410        

145.45 of the Revised Code, if a member dies before age and        1,412        

service retirement and is not survived by a designated             1,413        

beneficiary, any beneficiaries shall qualify in the following      1,415        

order of precedence, with all attendant rights and privileges:     1,416        

      (1)  Surviving spouse;                                       1,418        

      (2)  Children share and share alike;                         1,420        

      (3)  A dependent parent of a member, if that parent takes    1,423        

survivor benefits under division (B) of section 145.45 of the      1,425        

Revised Code;                                                                   

      (4)  Parents, share and share alike;                         1,427        

      (5)  Estate.                                                 1,429        

      If the beneficiary is deceased or is not located within      1,431        

ninety days, the beneficiary ceases to qualify for any benefit     1,432        

and the beneficiary next in order of precedence shall qualify as   1,433        

a beneficiary.                                                     1,434        

      Any payment made to a beneficiary as determined by the       1,436        

                                                          36     


                                                                 
public employees retirement board shall be a full discharge and    1,437        

release to the board from any future claims.                       1,438        

      (D)  Any amount due a retirant or disability benefit         1,440        

recipient receiving a monthly benefit and unpaid to the retirant   1,442        

or recipient at death shall be paid to the beneficiary designated  1,444        

in writing on a form approved by the board, signed by the          1,445        

retirant or recipient and filed with the board.  If no such                     

designation has been filed, or if the designated beneficiary is    1,447        

not located within ninety days, any amounts payable under this     1,449        

chapter due to the death of the retirant or recipient shall be     1,451        

paid in the following order of precedence to the retirant's or                  

recipient's:                                                       1,452        

      (1)  Surviving spouse;                                       1,454        

      (2)  Children, share and share alike;                        1,456        

      (3)  Parents, share and share alike;                         1,458        

      (4)  Estate.                                                 1,460        

      The payment shall be a full discharge and release to the     1,462        

board from any future claim for the payment.                       1,463        

      Any amount due a beneficiary receiving a monthly benefit     1,465        

and unpaid to the beneficiary at the beneficiary's death shall be  1,467        

paid to the beneficiary's estate.                                  1,468        

      (E)  If the validity of marriage cannot be established to    1,470        

the satisfaction of the retirement board for the purpose of        1,471        

disbursing any amount due under this section or section 145.45 of  1,472        

the Revised Code, the board may accept a decision rendered by a    1,473        

court having jurisdiction in the state in which the member was     1,474        

domiciled at the time of death that the relationship constituted   1,475        

a valid marriage at the time of death, or the "spouse" would have  1,476        

the same status as a widow or widower for purposes of sharing the  1,477        

distribution of the member's intestate personal property.          1,478        

      (F)  If the death of a member is caused by one of the        1,480        

following beneficiaries, no amount due under this chapter to the   1,481        

beneficiary shall be paid to the beneficiary in the absence of a   1,482        

court order to the contrary filed with the board:                  1,483        

                                                          37     


                                                                 
      (1)  A beneficiary who is convicted of, pleads guilty to,    1,485        

or is found not guilty by reason of insanity of a violation of or  1,487        

complicity in the violation of either of the following:            1,488        

      (a)  Section 2903.01, 2903.02, or 2903.03 of the Revised     1,491        

Code;                                                                           

      (b)  An existing or former law of any other state, the       1,494        

United States, or a foreign nation that is substantially           1,496        

equivalent to section 2903.01, 2903.02, or 2903.03 of the Revised  1,498        

Code;.                                                                          

      (2)  A beneficiary who is indicted for a violation of or     1,500        

complicity in the violation of the sections or laws described in   1,501        

division (F)(1)(a) or (b) of this section and is adjudicated       1,503        

incompetent to stand trial;                                                     

      (3)  A beneficiary who is a juvenile found to be a           1,505        

delinquent child by reason of committing an act that, if           1,506        

committed by an adult, would be a violation of or complicity in    1,507        

the violation of the sections or laws described in division        1,509        

(F)(1)(a) or (b) of this section.                                  1,510        

      Sec. 145.471.  (A)(1)  ON AND AFTER THE EFFECTIVE DATE OF    1,512        

THIS SECTION, THE PUBLIC EMPLOYEES RETIREMENT BOARD SHALL CREDIT   1,513        

INTEREST TO THE INDIVIDUAL ACCOUNTS OF CONTRIBUTORS, EXCEPT THAT   1,515        

INTEREST SHALL NOT BE CREDITED TO THE INDIVIDUAL ACCOUNT OF A      1,516        

PERS OR OTHER SYSTEM RETIRANT, AS DEFINED IN SECTION 145.38 OF     1,517        

THE REVISED CODE, FOR CONTRIBUTIONS RECEIVED DURING THE PERIOD     1,518        

DESCRIBED IN DIVISION (B)(4)(a) OR (b) OF SECTION 145.38 OF THE    1,520        

REVISED CODE.  FOR AMOUNTS DEPOSITED BY A CONTRIBUTOR UNDER                     

DIVISION (C) OF SECTION 145.23 OF THE REVISED CODE, INTEREST       1,522        

SHALL BE CREDITED IN ACCORDANCE WITH THAT SECTION.                 1,523        

      (2)  EXCEPT AS PROVIDED IN SECTION 145.472 OF THE REVISED    1,525        

CODE, THE BOARD SHALL NOT CREDIT INTEREST TO INDIVIDUAL ACCOUNTS   1,526        

FOR THE PERIOD BEGINNING DECEMBER 31, 1958, AND ENDING ON THE      1,527        

EFFECTIVE DATE OF THIS SECTION.                                                 

      (B)  FOR CONTRIBUTIONS RECEIVED IN A CALENDAR YEAR,          1,529        

INTEREST SHALL BE EARNED BEGINNING ON THE FIRST DAY OF THE         1,530        

                                                          38     


                                                                 
CALENDAR YEAR NEXT FOLLOWING AND ENDING ON THE LAST DAY OF THAT    1,531        

YEAR, EXCEPT THAT INTEREST SHALL BE EARNED, IN THE CASE OF AN      1,532        

APPLICATION FOR RETIREMENT OR PAYMENT UNDER SECTION 145.40 OR      1,534        

145.43 OF THE REVISED CODE, ENDING ON THE LAST DAY OF THE MONTH    1,535        

PRIOR TO RETIREMENT OR PAYMENT UNDER THOSE SECTIONS.  THE BOARD    1,536        

SHALL CREDIT INTEREST AT THE END OF THE CALENDAR YEAR IN WHICH IT               

IS EARNED.                                                         1,537        

      Sec. 145.472.  THIS SECTION APPLIES TO INDIVIDUALS WHO ARE   1,539        

CONTRIBUTORS ON THE EFFECTIVE DATE OF THIS SECTION.                1,540        

      (A)  NOT LATER THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF  1,542        

THIS SECTION, THE BOARD SHALL CREDIT INTEREST TO THE INDIVIDUAL    1,543        

ACCOUNT OF EACH CONTRIBUTOR IN ACCORDANCE WITH THIS SECTION,       1,544        

EXCEPT THAT INTEREST SHALL NOT BE CREDITED TO THE INDIVIDUAL       1,545        

ACCOUNT OF A PERS OR OTHER SYSTEM RETIRANT, AS DEFINED IN SECTION  1,546        

145.38 OF THE REVISED CODE, FOR CONTRIBUTIONS RECEIVED DURING THE  1,547        

PERIOD DESCRIBED IN DIVISION (B)(4)(a) OR (b) OF SECTION 145.38    1,549        

OF THE REVISED CODE. FOR AMOUNTS DEPOSITED BY A CONTRIBUTOR UNDER  1,550        

DIVISION (C) OF SECTION 145.23 OF THE REVISED CODE, INTEREST       1,551        

SHALL BE CREDITED IN ACCORDANCE WITH THAT SECTION.                 1,552        

      FOR CONTRIBUTORS WITH SERVICE CREDIT EARNED PRIOR TO         1,554        

DECEMBER 31, 1981, THE BOARD MAY REFLECT THE COMPOUNDING OF        1,555        

INTEREST BY USING FACTORS PROVIDED BY THE BOARD'S ACTUARY.         1,556        

      (B)  THE INTEREST CREDITED UNDER THIS SECTION SHALL BE       1,558        

CALCULATED ON ALL AMOUNTS ON DEPOSIT IN AN INDIVIDUAL'S ACCOUNT    1,560        

IN THE EMPLOYEES' SAVINGS FUND AS FOLLOWS:                         1,561        

      (1)  IF THIS SECTION TAKES EFFECT ON OR BEFORE DECEMBER 31,  1,564        

2000, INTEREST SHALL BE CALCULATED ON AMOUNTS ON DEPOSIT ON        1,565        

DECEMBER 31, 1998.                                                              

      (2)  IF THIS SECTION TAKES EFFECT AFTER DECEMBER 31, 2000,   1,567        

INTEREST SHALL BE CALCULATED ON AMOUNTS ON DEPOSIT ON DECEMBER     1,568        

31, 1999.                                                          1,569        

      Sec. 145.473.  (A)  EXCEPT AS PROVIDED IN DIVISION (C) OF    1,571        

THIS SECTION, THE RATE OF INTEREST CREDITED TO INDIVIDUAL          1,572        

ACCOUNTS OF CONTRIBUTORS UNDER SECTIONS 145.471 AND 145.472 OF     1,573        

                                                          39     


                                                                 
THE REVISED CODE SHALL BE AS FOLLOWS:                              1,574        

      (1)  FOUR PER CENT PER ANNUM, COMPOUNDED ANNUALLY, TO AND    1,576        

INCLUDING DECEMBER 31, 1955;                                       1,577        

      (2)  THREE PER CENT PER ANNUM, COMPOUNDED ANNUALLY, FROM     1,580        

JANUARY 1, 1956, TO AND INCLUDING DECEMBER 31, 1963;               1,581        

      (3)  THREE AND ONE-QUARTER PER CENT PER ANNUM, COMPOUNDED    1,583        

ANNUALLY, FROM JANUARY 1, 1964, TO AND INCLUDING DECEMBER 31,      1,585        

1969;                                                                           

      (4)  FOUR PER CENT PER ANNUM, COMPOUNDED ANNUALLY, FROM      1,588        

JANUARY 1, 1970, TO AND INCLUDING THE DAY BEFORE THE EFFECTIVE                  

DATE OF THIS SECTION;                                              1,589        

      (5)  AN AMOUNT DETERMINED BY THE PUBLIC EMPLOYEES            1,591        

RETIREMENT BOARD THAT IS NOT GREATER THAN SIX PER CENT PER ANNUM,  1,592        

COMPOUNDED ANNUALLY, ON AND AFTER THE EFFECTIVE DATE OF THIS       1,593        

SECTION.                                                                        

      (B)  EXCEPT AS PROVIDED IN DIVISION (C) OF THIS SECTION,     1,595        

FOR THE PURPOSE OF DETERMINING THE RESERVE VALUE OF A              1,596        

CONTRIBUTOR'S ANNUITY, THE RATE OF INTEREST SHALL BE AS FOLLOWS:   1,597        

      (1)  FOUR PER CENT PER ANNUM, COMPOUNDED ANNUALLY, FOR       1,599        

CONTRIBUTORS RETIRING BEFORE OCTOBER 1, 1956;                      1,600        

      (2)  THREE PER CENT PER ANNUM, COMPOUNDED ANNUALLY, FOR      1,602        

CONTRIBUTORS RETIRING ON OR AFTER OCTOBER 1, 1956, BUT BEFORE      1,604        

JANUARY 1, 1964;                                                                

      (3)  THREE AND ONE-QUARTER PER CENT PER ANNUM, COMPOUNDED    1,606        

ANNUALLY, FOR CONTRIBUTORS RETIRING ON OR AFTER JANUARY 1, 1964,   1,607        

BUT BEFORE JANUARY 1, 1970;                                        1,608        

      (4)  FOUR PER CENT PER ANNUM, COMPOUNDED ANNUALLY, FOR       1,610        

CONTRIBUTORS RETIRING ON OR AFTER JANUARY 1, 1970, BUT BEFORE THE  1,612        

EFFECTIVE DATE OF THIS SECTION;                                                 

      (5)  AN AMOUNT DETERMINED BY THE BOARD BASED ON THE          1,614        

RECOMMENDATION OF THE BOARD'S ACTUARY, COMPOUNDED ANNUALLY, FOR    1,615        

CONTRIBUTORS RETIRING ON OR AFTER THE EFFECTIVE DATE OF THIS       1,616        

SECTION.                                                                        

      (C)  FOR A PERS RETIRANT WHO MAKES AN ELECTION UNDER         1,618        

                                                          40     


                                                                 
DIVISION (C)(1)(a) OF SECTION 145.38 OF THE REVISED CODE OR AN     1,620        

OTHER SYSTEM RETIRANT, AS THOSE TERMS ARE DEFINED IN SECTION       1,621        

145.38 OF THE REVISED CODE, THE RATE OF INTEREST SHALL BE THE      1,622        

CURRENT ACTUARIAL ASSUMPTION RATE OF INTEREST, AS DETERMINED BY    1,623        

THE BOARD'S ACTUARY, FOR THE PURPOSES DESCRIBED IN DIVISIONS (A)   1,624        

AND (B) OF THIS SECTION.                                                        

      Sec. 3307.41.  To coordinate and integrate membership in     1,633        

the state retirement systems, the following provisions apply:      1,634        

      (A)  As used in this section:                                1,636        

      (1)  "Retirement systems" means the public employees         1,638        

retirement system, the state teachers retirement system, and the   1,639        

school employees retirement system.                                1,640        

      (2)  In addition to the meaning given in division (L) of     1,642        

section 3307.01 of the Revised Code, "disability benefit" means    1,643        

"disability benefit" as defined in sections 145.01 and 3309.01 of  1,644        

the Revised Code.                                                  1,645        

      (B)  At the member's option, total contributions and         1,647        

service credit in all retirement systems, including amounts paid   1,648        

to restore service credit under sections 145.311, 3307.282, and    1,649        

3309.261 of the Revised Code, shall be used in determining the     1,651        

eligibility for benefits.  If total contributions and service      1,652        

credit are combined, the following provisions apply:                            

      (1)  Service retirement or a disability benefit is           1,654        

effective on the first day of the month next following the later   1,655        

of:                                                                1,656        

      (a)  The last day for which compensation was paid;           1,658        

      (b)  The attainment of minimum age or service credit for     1,660        

benefits provided under this section.                              1,661        

      (2)  "Total service credit" includes the total credit in     1,663        

all retirement systems except that such credit shall not exceed    1,664        

one year for any period of twelve months.                          1,665        

      (3)  In determining eligibility for a disability benefit,    1,667        

the medical examiner's report to the board of any retirement       1,668        

system, showing that the member's disability incapacitates the     1,669        

                                                          41     


                                                                 
member for the performance of duty, may be accepted as sufficient  1,671        

for granting a disability benefit.                                 1,672        

      (4)  The retirement system in which the member had the       1,674        

greatest service credit, without adjustment, shall determine and   1,675        

pay the total benefit.  If the member's credit is equal in two or  1,677        

more retirement systems, the system having the member's largest    1,678        

total contributions shall determine and pay the total benefit.     1,679        

      (5)  In determining the total credit to be used in           1,681        

calculating a benefit, credit shall not be reduced below that      1,682        

certified by the system or systems transferring credit, except     1,683        

that such total combined service credit shall not exceed one year  1,684        

of credit for any one "year" as defined in the statute governing   1,685        

the system making the calculation.                                 1,686        

      (6)  The retirement system determining and paying the        1,688        

benefit shall receive from the other system or systems the         1,689        

member's refundable account at retirement or the effective date    1,690        

of a disability benefit plus an equal amount from the employers'   1,691        

trust fund EQUAL TO THE MEMBER'S REFUNDABLE ACCOUNT LESS INTEREST  1,692        

CREDITED UNDER SECTION 145.471, 145.472, OR 3307.80 OF THE         1,693        

REVISED CODE.                                                                   

      (a)  The annuity rates and mortality tables of the           1,695        

retirement system making the calculation and paying the benefit    1,696        

shall be applicable.                                               1,697        

      (b)  Deposits made for the purchase of additional income,    1,699        

with guaranteed interest, upon the member's request, shall be      1,700        

transferred to the retirement system paying the regular benefit.   1,701        

The return upon such deposits shall be that offered by the         1,702        

retirement system making the calculation and paying the regular    1,703        

benefit.                                                           1,704        

      (C)  A person receiving a benefit under this section, who    1,706        

accepts employment amenable to coverage in any retirement system   1,707        

that participated in the person's combined benefit, shall be       1,708        

subject to the applicable provisions of law governing such         1,710        

re-employment.  If the person is subject to section 3307.381 of    1,711        

                                                          42     


                                                                 
the Revised Code and exceeds the limits on re-employment           1,712        

established by that section, the retirement system paying a        1,713        

combined benefit shall terminate the entire pension portion of     1,714        

the benefit for the period of re-employment that exceeds the       1,715        

limit in that section.                                                          

      If a retirant should be paid any amount to which the         1,717        

retirant is not entitled under the applicable provisions of law    1,719        

governing such re-employment, such amount shall be recouped by     1,720        

the retirement system paying such benefit by utilizing any         1,721        

recovery procedure available under the law of the retirement       1,722        

system covering such re-employment.                                1,723        

      Sec. 3309.35.  (A)  As used in this section:                 1,733        

      (1)  "State retirement system" means the public employees    1,735        

retirement system, state teachers retirement system, or school     1,736        

employees retirement system.                                       1,737        

      (2)  "Total service credit" means all service credit earned  1,739        

in all state retirement systems, except credit for service         1,740        

subject to section 3309.341 of the Revised Code.  Total service    1,741        

credit shall not exceed one year of credit for any twelve-month    1,742        

period.                                                            1,743        

      (3)  In addition to the meaning given in division (O) of     1,745        

section 3309.01 of the Revised Code, "disability benefit" means    1,746        

"disability benefit" as defined in sections 145.01 and 3307.01 of  1,747        

the Revised Code.                                                  1,748        

      (B)  To coordinate and integrate membership in the state     1,750        

retirement systems, at the option of a member, total               1,752        

contributions and service credit in all state retirement systems,  1,753        

including amounts paid to restore service credit under sections    1,754        

145.311, 3307.282, and 3309.261 of the Revised Code, shall be      1,755        

used in determining the eligibility and total retirement or        1,756        

disability benefit payable.  When total contributions and service  1,757        

credit are so combined, the following provisions apply:            1,758        

      (1)  Service and commuted service retirement or a            1,760        

disability benefit is effective no sooner than the first day of    1,761        

                                                          43     


                                                                 
the month next following the last day of employment for which      1,762        

compensation was paid.  If the application is filed after that     1,763        

date, the board may retire the member on the first day of the      1,764        

month next following the last day of employment for which          1,765        

compensation was paid.                                             1,766        

      (2)  In determining eligibility for a disability benefit,    1,768        

the medical examiner's report to the retirement board of any       1,769        

state retirement system, showing that the member's disability      1,770        

incapacitates the member for the performance of duty, may be       1,771        

accepted by the state retirement boards as sufficient for          1,773        

granting a disability benefit.                                     1,774        

      (3)  The state retirement system in which the member had     1,776        

the greatest service credit, without adjustment, shall determine   1,777        

and pay the total retirement or disability benefit.  Where the     1,778        

member's credit is equal in two or more state retirement systems,  1,780        

the system having the largest total contributions of the member    1,781        

shall determine and pay the total benefit.                         1,782        

      (4)  In determining the total credit to be used in           1,784        

calculating a retirement allowance or disability benefit, credit   1,785        

shall not be reduced below that certified by the system or         1,786        

systems transferring credit, except that such total combined       1,787        

service credit shall not exceed one year of credit for any one     1,788        

"year" as defined in the law of the system making the              1,789        

calculation.                                                       1,790        

      (5)  The state retirement system determining and paying a    1,792        

retirement or disability benefit shall receive from the other      1,793        

system or systems the member's refundable account at retirement    1,794        

or the effective date of a disability benefit plus an equal        1,795        

amount from the employers' trust fund EQUAL TO THE MEMBER'S        1,796        

REFUNDABLE ACCOUNT LESS THE INTEREST CREDITED UNDER SECTION        1,797        

145.471, 145.472, OR 3307.80 OF THE REVISED CODE.                  1,798        

      (a)  The annuity rates and mortality tables of the state     1,800        

retirement system making the calculation and paying the benefit    1,801        

shall be exclusively applicable.                                   1,802        

                                                          44     


                                                                 
      (b)  Deposits made for the purchase of an additional         1,804        

annuity, and including guaranteed interest, upon the request of    1,805        

the member, shall be transferred to the state retirement system    1,806        

paying the retirement or disability benefit.  The return upon      1,807        

such deposits shall be that offered by the state retirement        1,808        

system making the calculation and paying the retirement or         1,809        

disability benefit.                                                1,810        

      (C)  A former member receiving a retirement or disability    1,812        

benefit under this section, who accepts employment amenable to     1,813        

coverage in any state retirement system that participated in the   1,814        

member's combined benefit, shall be subject to the applicable      1,816        

provisions of law governing such re-employment.  If the former     1,817        

member is subject to section 3307.381 of the Revised Code and      1,818        

exceeds the limits on re-employment established by that section,   1,819        

the state retirement system paying a combined benefit shall        1,820        

terminate the entire pension portion of the benefit for the        1,821        

period of re-employment that exceeds the limit in that section.    1,822        

If a former member should be paid any amount in a retirement       1,823        

allowance, to which the former member is not entitled under the    1,825        

applicable provisions of law governing such re-employment, such    1,826        

amount shall be recovered by the state retirement system paying    1,827        

such allowance by utilizing any recovery procedure available       1,828        

under the code provisions of the state retirement system covering  1,829        

such re-employment.                                                1,830        

      (D)  An SERS retirant or other system retirant, as defined   1,832        

in section 3309.341 of the Revised Code, is not eligible to        1,833        

receive any benefit under this section for service subject to      1,834        

section 3309.341 of the Revised Code.                              1,835        

      Section 2.  That existing sections 145.01, 145.23, 145.31,   1,837        

145.37, 145.38, 145.40, 145.43, 3307.41, and 3309.35 of the        1,838        

Revised Code are hereby repealed.                                               

      Section 3.  Sections 1 and 2 of this act shall take effect   1,840        

on the one hundred eightieth day after the effective date of this  1,841        

section.