As Reported by House Health, Retirement and Aging Committee 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 144 5
1999-2000 6
SENATORS JOHNSON-DRAKE-HERINGTON-HOTTINGER-RAY-CARNES-DiDONATO- 8
SPADA-WACHTMANN-GARDNER-MUMPER-REPRESENTATIVES VAN VYVEN- 9
TERWILLEGER-OLMAN-WILLAMOWSKI-OGG-R. MILLER-BRADING-BARNES- 10
PATTON-SMITH 11
_________________________________________________________________ 13
A B I L L
To amend sections 101.82, 145.01, 145.23, 145.31, 15
145.37, 145.38, 145.40, 145.43, 742.26, 3307.31, 16
3307.35, 3307.53, 3307.57, 3307.771, 3309.30,
3309.341, 3309.35, and 3309.51; to enact sections 17
145.383, 145.401, 145.471, 145.472, 145.473, 18
3307.351, 3309.343, and 3309.473; and to repeal
section 145.202 of the Revised Code to require 20
the Public Employees Retirement System (PERS) to
credit interest on a member's contributions and, 21
under certain conditions, to pay an amount of 22
employer contributions on the death of a member 23
or withdrawal of a member's contributions; to
permit certain members of PERS, the School 24
Employees Retirement System (SERS), or the State 25
Teachers Retirement System (STRS) who hold more 26
than one position covered by those retirement
systems to retire from one position and continue 27
making contributions for the other position 28
toward the purchase of an annuity; to revise the 29
law governing a retirant or disability benefit
recipient's reemployment in a position covered by 30
PERS, SERS, STRS, or the Ohio Police and Fire 31
Pension Fund; to allow an STRS member who prior
to July 1, 1982, resigned due to adoption of a 32
child to purchase up to one year of service 33
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credit; to allow any SERS member who resigned due
to pregnancy or adoption of a child to purchase 34
up to two years of service credit; to allow SERS 35
and STRS to collect employer contributions from
the governing authorities of community schools in 36
the same manner as contributions are collected 37
from boards of education; and to exempt from 38
sunset review the Ohio Public Employees Deferred
Compensation Board, Ohio Retirement Study 39
Council, and the boards of Ohio's state 40
retirement systems.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 42
Section 1. That sections 101.82, 145.01, 145.23, 145.31, 44
145.37, 145.38, 145.40, 145.43, 742.26, 3307.31, 3307.35, 46
3307.53, 3307.57, 3307.771, 3309.30, 3309.341, 3309.35, and 47
3309.51 be amended and sections 145.383, 145.401, 145.471, 48
145.472, 145.473, 3307.351, 3309.343, and 3309.473 of the Revised 49
Code be enacted to read as follows: 50
Sec. 101.82. As used in sections 101.82 to 101.87 of the 59
Revised Code: 60
(A) "Agency" means any board, commission, committee, or 62
council, or any other similar state public body required to be 63
established pursuant to state statutes for the exercise of any 65
function of state government and to which members are appointed 66
or elected. "Agency" does not include:
(1) The general assembly, or any commission, committee, or 68
other body composed entirely of members thereof; 69
(2) Any court; 71
(3) Any public body created by or directly pursuant to the 73
constitution of this state; 74
(4) The board of trustees of any institution of higher 76
education financially supported in whole or in part by the state; 77
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(5) Any public body that has the authority to issue bonds 79
or notes or that has issued bonds or notes that have not been 80
fully repaid; 81
(6) The public utilities commission of Ohio; 83
(7) The consumers' council governing board; 85
(8) The Ohio board of regents; 87
(9) Any state board or commission that has the authority 89
to issue any final adjudicatory order that may be appealed to the 90
court of common pleas under Chapter 119. of the Revised Code; 91
(10) Any board of elections.; 93
(11) The board of directors of the Ohio insurance guaranty 96
association and the board of governors of the Ohio fair plan
underwriting association; 97
(12) THE OHIO PUBLIC EMPLOYEES DEFERRED COMPENSATION 99
BOARD;
(13) THE OHIO RETIREMENT STUDY COUNCIL; 101
(14) THE BOARD OF TRUSTEES OF THE OHIO POLICE AND FIRE 103
PENSION FUND, PUBLIC EMPLOYEES RETIREMENT BOARD, SCHOOL EMPLOYEES 104
RETIREMENT BOARD, STATE HIGHWAY PATROL RETIREMENT BOARD, AND 105
STATE TEACHERS RETIREMENT BOARD. 106
(B) "Abolish" means to repeal the statutes creating and 108
empowering an agency, remove its personnel, and transfer its 109
records to the department of administrative services pursuant to 110
division (H) of section 149.331 of the Revised Code. 111
(C) "Terminate" means to amend or repeal the statutes 113
creating and empowering an agency, remove its personnel, and 114
reassign its functions and records to another agency or officer 115
designated by the general assembly. 116
(D) "Transfer" means to amend the statutes creating and 118
empowering an agency so that its functions, records, and 119
personnel are conveyed to another agency or officer. 120
(E) "Renew" means to continue an agency, and may include 122
amendment of the statutes creating and empowering the agency, or 123
recommendations for changes in agency operation or personnel. 124
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Sec. 145.01. As used in this chapter: 133
(A) "Public employee" means: 135
(1) Any person holding an office, not elective, under the 137
state or any county, township, municipal corporation, park 138
district, conservancy district, sanitary district, health 139
district, metropolitan housing authority, state retirement board, 140
Ohio historical society, public library, county law library,
union cemetery, joint hospital, institutional commissary, state 141
university, or board, bureau, commission, council, committee, 142
authority, or administrative body as the same are, or have been, 143
created by action of the general assembly or by the legislative 144
authority of any of the units of local government named in 145
division (A)(1) of this section, or employed and paid in whole or 146
in part by the state or any of the authorities named in division 147
(A)(1) of this section in any capacity not covered by section 149
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.
(2) A person who is a member of the public employees 151
retirement system and who continues to perform the same or 153
similar duties under the direction of a contractor who has 154
contracted to take over what before the date of the contract was 155
a publicly operated function. The governmental unit with which
the contract has been made shall be deemed the employer for the 156
purposes of administering this chapter. 157
(3) Any person who is an employee of a public employer, 159
notwithstanding that the person's compensation for that 160
employment is derived from funds of a person or entity other than 161
the employer. Credit for such service shall be included as total 162
service credit, provided that the employee makes the payments 163
required by this chapter, and the employer makes the payments
required by sections 145.48 and 145.51 of the Revised Code. 164
In all cases of doubt, the public employees retirement 166
board shall determine whether any person is a public employee, 167
and its decision is final.
(B) "Member" means any public employee, other than a 169
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public employee excluded or exempted from membership in the 170
retirement system by section 145.03, 145.031, 145.032, 145.033, 171
145.034, 145.035, or 145.38 of the Revised Code. "Member" 172
includes a PERS retirant who becomes a member under division 173
(C)(2) of section 145.38 of the Revised Code. "Member" also
includes a disability benefit recipient. 174
(C) "Head of the department" means the elective or 176
appointive head of the several executive, judicial, and 177
administrative departments, institutions, boards, and commissions 178
of the state and local government as the same are created and 179
defined by the laws of this state or, in case of a charter
government, by that charter. 180
(D) "Employer" or "public employer" means the state or any 182
county, township, municipal corporation, park district, 183
conservancy district, sanitary district, health district, 184
metropolitan housing authority, state retirement board, Ohio
historical society, public library, county law library, union 185
cemetery, joint hospital, institutional commissary, state medical 186
college, state university, or board, bureau, commission, council, 187
committee, authority, or administrative body as the same are, or 188
have been, created by action of the general assembly or by the 189
legislative authority of any of the units of local government
named in this division not covered by section 3307.01 or 3309.01 190
of the Revised Code. In addition, "employer" means the employer 191
of any public employee.
(E) "Prior service" means all service as a public employee 193
rendered before January 1, 1935, and all service as an employee 194
of any employer who comes within the state teachers retirement 195
system or of the school employees retirement system or of any 196
other retirement system established under the laws of this state 197
rendered prior to January 1, 1935, provided that if the employee
claiming the service was employed in any capacity covered by that 198
other system after that other system was established, credit for 199
the service may be allowed by the public employees retirement 200
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system only when the employee has made payment, to be computed on 201
the salary earned from the date of appointment to the date 202
membership was established in the public employees retirement
system, at the rate in effect at the time of payment, and the 203
employer has made payment of the corresponding full liability as 204
provided by section 145.44 of the Revised Code. "Prior service" 205
also means all service credited for active duty with the armed 206
forces of the United States as provided in section 145.30 of the 207
Revised Code.
If an employee who has been granted prior service credit by 209
the public employees retirement system for service rendered prior 210
to January 1, 1935, as an employee of a board of education 211
establishes, before retirement, one year or more of contributing 212
service in the state teachers retirement system or school 213
employees retirement system, then the prior service ceases to be
the liability of this system. 214
If the board determines that a position of any member in 216
any calendar year prior to January 1, 1935, was a part-time 217
position, the board shall determine what fractional part of a 218
year's credit shall be allowed by the following formula: 219
(1) When the member has been either elected or appointed 221
to an office the term of which was two or more years and for 222
which an annual salary is established, the fractional part of the 223
year's credit shall be computed as follows: 224
First, when the member's annual salary is one thousand 226
dollars or less, the service credit for each such calendar year 227
shall be forty per cent of a year.
Second, for each full one hundred dollars of annual salary 229
above one thousand dollars, the member's service credit for each 230
such calendar year shall be increased by two and one-half per 231
cent.
(2) When the member is paid on a per diem basis, the 233
service credit for any single year of the service shall be 234
determined by using the number of days of service for which the 235
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compensation was received in any such year as a numerator and 236
using two hundred fifty days as a denominator.
(3) When the member is paid on an hourly basis, the 238
service credit for any single year of the service shall be 239
determined by using the number of hours of service for which the 240
compensation was received in any such year as a numerator and 241
using two thousand hours as a denominator.
(F) "Contributor" means any person who has an account in 243
the employees' savings fund created by section 145.23 of the 244
Revised Code.
(G) "Beneficiary" or "beneficiaries" means the estate or a 246
person or persons who, as the result of the death of a member, 247
contributor, or retirant, qualify for or are receiving some right 248
or benefit under this chapter.
(H)(1) "Total service credit," except as provided in 250
section 145.37 of the Revised Code, means all service credited to 251
a member of the retirement system since last becoming a member, 252
including restored service credit as provided by section 145.31 253
of the Revised Code; credit purchased under sections 145.293 and 254
145.299 of the Revised Code; all the member's prior service
credit; all the member's military service credit computed as 255
provided in this chapter; all service credit established pursuant 256
to section 145.297 of the Revised Code; and any other service 257
credited under this chapter. In addition, "total service credit" 258
includes any period, not in excess of three years, during which a 259
member was out of service and receiving benefits under Chapters
4121. and 4123. of the Revised Code. For the exclusive purpose 260
of satisfying the service credit requirement and of determining 261
eligibility for benefits under sections 145.32, 145.33, 145.331, 262
145.35, 145.36, and 145.361 of the Revised Code, "five or more 263
years of total service credit" means sixty or more calendar 264
months of contributing service in this system.
(2) "One and one-half years of contributing service 266
credit," as used in division (B) of section 145.45 of the Revised 267
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Code, also means eighteen or more calendar months of employment 268
by a municipal corporation that formerly operated its own 269
retirement plan for its employees or a part of its employees, 270
provided that all employees of that municipal retirement plan who 271
have eighteen or more months of such employment, upon 272
establishing membership in the public employees retirement 273
system, shall make a payment of the contributions they would have 274
paid had they been members of this system for the eighteen months 275
of employment preceding the date membership was established. 276
When that payment has been made by all such employee members, a 278
corresponding payment shall be paid into the employers' 279
accumulation fund by that municipal corporation as the employer 280
of the employees. 281
(3) Where a member also is a member of the state teachers 283
retirement system or the school employees retirement system, or 284
both, except in cases of retirement on a combined basis pursuant 285
to section 145.37 of the Revised Code OR AS PROVIDED IN SECTION 286
145.383 OF THE REVISED CODE, service credit for any period shall 287
be credited on the basis of the ratio that contributions to the 288
public employees retirement system bear to total contributions in 290
all state retirement systems.
(4) Not more than one year of credit may be given for any 292
period of twelve months. 293
(5) "Ohio service credit" means credit for service that 295
was rendered to the state or any of its political subdivisions or 296
any employer.
(I) "Regular or current interest" means interest at any 298
rates for the respective funds and accounts as the public 299
employees retirement board may determine from time to time, 300
except as follows:
(1) Subsequent to December 31, 1958, the retirement board 302
shall discontinue the annual crediting of current interest to the 304
individual accounts of contributors. The noncrediting of current 305
interest shall not affect the rate of interest at retirement 306
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guaranteed under division (I) of this section. 307
(2) The rate of interest credited on a contributor's 309
contributions at retirement shall be four per cent per annum, 310
compounded annually, to and including December 31, 1955; three 311
per cent per annum, compounded annually, from January 1, 1956, to 312
and including December 31, 1963; three and one-quarter per cent 313
per annum, compounded annually, from January 1, 1964, to and 314
including December 31, 1969; and thereafter four per cent per
annum, compounded annually. 315
In determining the reserve value for the purpose of 317
computing the amount of the contributor's annuity, the rate of 318
interest used in the annuity values shall be four per cent per 319
annum, compounded annually, for contributors retiring before 320
October 1, 1956, and after December 31, 1969; three per cent per 321
annum, compounded annually, for contributors retiring between 323
October 1, 1956, and December 31, 1963; and three and one-quarter 324
per cent per annum, compounded annually, for contributors 325
retiring from January 1, 1964, to December 31, 1969. Interest on 326
contributions from contributors within any one calendar year 327
shall begin on the first day of the calendar year next following 328
and shall be computed at the end of each calendar year, except in 329
the case of a contributor who retires before the end of the year. 330
(J) "Accumulated contributions" means the sum of all 332
amounts credited to a contributor's individual account in the 333
employees' savings fund together with any current interest 334
thereon, but does not include the interest adjustment at 335
retirement CREDITED TO THE CONTRIBUTOR'S ACCOUNT UNDER SECTION 336
145.471 OR 145.472 OF THE REVISED CODE. 337
(K)(1) "Final average salary" means the quotient obtained 339
by dividing by three the sum of the three full calendar years of 340
contributing service in which the member's earnable salary was 341
highest, except that if the member has a partial year of 342
contributing service in the year the member's employment 343
terminates and the member's earnable salary for the partial year 344
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is higher than for any comparable period in the three years, the 345
member's earnable salary for the partial year shall be 346
substituted for the member's earnable salary for the comparable 347
period during the three years in which the member's earnable 348
salary was lowest.
(2) If a member has less than three years of contributing 350
service, the member's final average salary shall be the member's 351
total earnable salary divided by the total number of years, 352
including any fraction of a year, of the member's contributing 353
service.
(3) For the purpose of calculating benefits payable to a 355
member qualifying for service credit under division (Z) of this 356
section, "final average salary" means the total earnable salary 357
on which contributions were made divided by the total number of 358
years during which contributions were made, including any 359
fraction of a year. If contributions were made for less than 360
twelve months, "final average salary" means the member's total 361
earnable salary. 362
(L) "Annuity" means payments for life derived from 364
contributions made by a contributor and paid from the annuity and 365
pension reserve fund as provided in this chapter. All annuities 366
shall be paid in twelve equal monthly installments. 367
(M) "Annuity reserve" means the present value, computed 369
upon the basis of the mortality and other tables adopted by the 370
board, of all payments to be made on account of any annuity, or 371
benefit in lieu of any annuity, granted to a retirant as provided 372
in this chapter.
(N)(1) "Disability retirement" means retirement as 374
provided in section 145.36 of the Revised Code. 375
(2) "Disability allowance" means an allowance paid on 377
account of disability under section 145.361 of the Revised Code. 378
(3) "Disability benefit" means a benefit paid as 380
disability retirement under section 145.36 of the Revised Code, 381
as a disability allowance under section 145.361 of the Revised 382
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Code, or as a disability benefit under section 145.37 of the 383
Revised Code.
(4) "Disability benefit recipient" means a member who is 385
receiving a disability benefit. 386
(O) "Age and service retirement" means retirement as 388
provided in sections 145.32, 145.33, 145.331, 145.34, 145.37, and 389
145.46 of the Revised Code.
(P) "Pensions" means annual payments for life derived from 391
contributions made by the employer that at the time of retirement 392
are credited into the annuity and pension reserve fund from the 393
employers' accumulation fund and paid from the annuity and 394
pension reserve fund as provided in this chapter. All pensions 395
shall be paid in twelve equal monthly installments.
(Q) "Retirement allowance" means the pension plus that 397
portion of the benefit derived from contributions made by the 398
member.
(R)(1) Except as otherwise provided in division (R) of 401
this section, "earnable salary" means all salary, wages, and 402
other earnings paid to a contributor by reason of employment in a 403
position covered by the retirement system. The salary, wages,
and other earnings shall be determined prior to determination of 404
the amount required to be contributed to the employees' savings 405
fund under section 145.47 of the Revised Code and without regard 406
to whether any of the salary, wages, or other earnings are 407
treated as deferred income for federal income tax purposes. 408
"Earnable salary" includes the following:
(a) Payments made by the employer in lieu of salary, 410
wages, or other earnings for sick leave, personal leave, or 411
vacation used by the contributor;
(b) Payments made by the employer for the conversion of 413
sick leave, personal leave, and vacation leave accrued, but not 414
used if the payment is made during the year in which the leave is 416
accrued, except that payments made pursuant to section 124.383 or 417
124.386 of the Revised Code are not earnable salary;
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(c) Allowances paid by the employer for full maintenance, 419
consisting of housing, laundry, and meals, as certified to the 420
retirement board by the employer or the head of the department 421
that employs the contributor;
(d) Fees and commissions paid under section 507.09 of the 423
Revised Code;
(e) Payments that are made under a disability leave 425
program sponsored by the employer and for which the employer is 426
required by section 145.296 of the Revised Code to make periodic 427
employer and employee contributions;
(f) Amounts included pursuant to divisions (K)(3) and (Y) 429
of this section.
(2) "Earnable salary" does not include any of the 431
following:
(a) Fees and commissions, other than those paid under 433
section 507.09 of the Revised Code, paid as sole compensation for 434
personal services and fees and commissions for special services 435
over and above services for which the contributor receives a 436
salary;
(b) Amounts paid by the employer to provide life 438
insurance, sickness, accident, endowment, health, medical, 439
hospital, dental, or surgical coverage, or other insurance for 440
the contributor or the contributor's family, or amounts paid by 441
the employer to the contributor in lieu of providing the
insurance;
(c) Incidental benefits, including lodging, food, laundry, 443
parking, or services furnished by the employer, or use of the 444
employer's property or equipment, or amounts paid by the employer 445
to the contributor in lieu of providing the incidental benefits; 446
(d) Reimbursement for job-related expenses authorized by 448
the employer, including moving and travel expenses and expenses 449
related to professional development; 450
(e) Payments for accrued but unused sick leave, personal 452
leave, or vacation that are made at any time other than in the 454
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year in which the sick leave, personal leave, or vacation was 455
accrued;
(f) Payments made to or on behalf of a contributor that 457
are in excess of the annual compensation that may be taken into 458
account by the retirement system under division (a)(17) of 459
section 401 of the "Internal Revenue Code of 1986," 100 Stat. 460
2085, 26 U.S.C.A. 401(a)(17), as amended;
(g) Payments made under division (B) or (D) of section 462
5923.05 of the Revised Code or Section 4 of Substitute Senate 463
Bill No. 3 of the 119th general assembly; 464
(h) Anything of value received by the contributor that is 466
based on or attributable to retirement or an agreement to retire, 467
except that payments made on or before January 1, 1989, that are 468
based on or attributable to an agreement to retire shall be 469
included in earnable salary if both of the following apply: 470
(i) The payments are made in accordance with contract 472
provisions that were in effect prior to January 1, 1986; 473
(ii) The employer pays the retirement system an amount 475
specified by the retirement board equal to the additional 476
liability resulting from the payments. 477
(3) The retirement board shall determine by rule whether 479
any compensation not enumerated in division (R) of this section 480
is earnable salary, and its decision shall be final. 482
(S) "Pension reserve" means the present value, computed 484
upon the basis of the mortality and other tables adopted by the 485
board, of all payments to be made on account of any retirement 486
allowance or benefit in lieu of any retirement allowance, granted 487
to a member or beneficiary under this chapter.
(T)(1) "Contributing service" means all service credited 489
to a member of the system since January 1, 1935, for which 490
contributions are made as required by sections 145.47, 145.48, 491
and 145.483 of the Revised Code. In any year subsequent to 1934, 492
credit for any service shall be allowed by the following formula: 493
(a) For each month for which the member's earnable salary 495
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is two hundred fifty dollars or more, allow one month's credit. 496
(b) For each month for which the member's earnable salary 498
is less than two hundred fifty dollars, allow a fraction of a 499
month's credit. The numerator of this fraction shall be the 500
earnable salary during the month, and the denominator shall be 501
two hundred fifty dollars, except that if the member's annual 502
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 503
calendar year of employment during which the member worked each 504
month. Division (T)(1)(b) of this section shall not reduce any 506
credit earned before January 1, 1985.
(2) Notwithstanding division (T)(1) of this section, an 508
elected official who prior to January 1, 1980, was granted a full 509
year of credit for each year of service as an elected official 510
shall be considered to have earned a full year of credit for each 511
year of service regardless of whether the service was full-time 512
or part-time. The public employees retirement board has no
authority to reduce the credit. 513
(U) "State retirement board" means the public employees 515
retirement board, the school employees retirement board, or the 516
state teachers retirement board.
(V) "Retirant" means any former member who retires and is 518
receiving a monthly allowance as provided in sections 145.32, 519
145.33, 145.331, 145.34, and 145.46 of the Revised Code. 520
(W) "Employer contribution" means the amount paid by an 522
employer as determined by the employer rate including the normal 523
and deficiency contribution rates. 524
(X) "Public service terminates" means the last day for 526
which a public employee is compensated for services performed for 527
an employer or the date of the employee's death, whichever occurs 528
first.
(Y) When a member has been elected or appointed to an 530
office, the term of which is two or more years, for which an 531
annual salary is established, and in the event that the salary of 532
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the office is increased and the member is denied the additional 533
salary by reason of any constitutional provision prohibiting an
increase in salary during a term of office, the member may elect 534
to have the amount of the member's contributions calculated upon 535
the basis of the increased salary for the office. At the 536
member's request, the board shall compute the total additional 537
amount the member would have contributed, or the amount by which 538
each of the member's contributions would have increased, had the 539
member received the increased salary for the office the member
holds. If the member elects to have the amount by which the 540
member's contribution would have increased withheld from the 541
member's salary, the member shall notify the employer, and the 542
employer shall make the withholding and transmit it to the
retirement system. A member who has not elected to have that 543
amount withheld may elect at any time to make a payment to the 544
retirement system equal to the additional amount the member's 545
contribution would have increased, plus interest on that 546
contribution, compounded annually at a rate established by the 547
board and computed from the date on which the last contribution
would have been withheld from the member's salary to the date of 548
payment. A member may make a payment for part of the period for 549
which the increased contribution was not withheld, in which case 550
the interest shall be computed from the date the last 551
contribution would have been withheld for the period for which
the payment is made. Upon the payment of the increased 552
contributions as provided in this division, the increased annual 553
salary as provided by law for the office for the period for which 554
the member paid increased contributions thereon shall be used in 555
determining the member's earnable salary for the purpose of 556
computing the member's final average salary.
(Z) "Five years of service credit," for the exclusive 558
purpose of satisfying the service credit requirements and of 559
determining eligibility for benefits under section 145.33 of the 560
Revised Code, means employment covered under this chapter or 561
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under a former retirement plan operated, recognized, or endorsed
by the employer prior to coverage under this chapter or under a 562
combination of the coverage. 564
(AA) "Deputy sheriff" means any person who is commissioned 566
and employed as a full-time peace officer by the sheriff of any 567
county, and has been so employed since on or before December 31, 568
1965, and whose primary duties are to preserve the peace, to 569
protect life and property, and to enforce the laws of this state; 570
any person who is or has been commissioned and employed as a
peace officer by the sheriff of any county since January 1, 1966, 571
and who has received a certificate attesting to the person's 572
satisfactory completion of the peace officer training school as 573
required by section 109.77 of the Revised Code and whose primary 574
duties are to preserve the peace, protect life and property, and 575
enforce the laws of this state; or any person deputized by the
sheriff of any county and employed pursuant to section 2301.12 of 576
the Revised Code as a criminal bailiff or court constable who has 577
received a certificate attesting to the person's satisfactory 578
completion of the peace officer training school as required by 579
section 109.77 of the Revised Code and whose primary duties are 580
to preserve the peace, protect life and property, and enforce the 581
laws of this state.
(BB) "Township constable or police officer in a township 583
police department or district" means any person who is 584
commissioned and employed as a full-time peace officer pursuant 585
to Chapter 505. or 509. of the Revised Code, who has received a 586
certificate attesting to the person's satisfactory completion of
the peace officer training school as required by section 109.77 587
of the Revised Code, and whose primary duties are to preserve the 588
peace, protect life and property, and enforce the laws of this 589
state.
(CC) "Drug agent" means any person who is either of the 591
following:
(1) Employed full-time as a narcotics agent by a county 593
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narcotics agency created pursuant to section 307.15 of the 594
Revised Code and has received a certificate attesting to the 595
satisfactory completion of the peace officer training school as 596
required by section 109.77 of the Revised Code;
(2) Employed full-time as an undercover drug agent as 598
defined in section 109.79 of the Revised Code and is in 599
compliance with section 109.77 of the Revised Code. 600
(DD) "Department of public safety enforcement agent" means 602
a full-time employee of the department of public safety who is 604
designated under section 5502.14 of the Revised Code as an 606
enforcement agent and who is in compliance with section 109.77 of 608
the Revised Code.
(EE) "Natural resources law enforcement staff officer" 610
means a full-time employee of the department of natural resources 611
who is designated a natural resources law enforcement staff 612
officer under section 1501.013 of the Revised Code and is in 615
compliance with section 109.77 of the Revised Code.
(FF) "Park officer" means a full-time employee of the 617
department of natural resources who is designated a park officer 619
under section 1541.10 of the Revised Code and is in compliance 620
with section 109.77 of the Revised Code.
(GG) "Forest officer" means a full-time employee of the 622
department of natural resources who is designated a forest 624
officer under section 1503.29 of the Revised Code and is in 625
compliance with section 109.77 of the Revised Code.
(HH) "Preserve officer" means a full-time employee of the 628
department of natural resources who is designated a preserve 629
officer under section 1517.10 of the Revised Code and is in 631
compliance with section 109.77 of the Revised Code. 633
(II) "Wildlife officer" means a full-time employee of the 635
department of natural resources who is designated a wildlife 637
officer under section 1531.13 of the Revised Code and is in 638
compliance with section 109.77 of the Revised Code. 639
(JJ) "State watercraft officer" means a full-time employee 642
18
of the department of natural resources who is designated a state 643
watercraft officer under section 1547.521 of the Revised Code and 644
is in compliance with section 109.77 of the Revised Code. 645
(KK) "Park district police officer" means a full-time 647
employee of a park district who is designated pursuant to section 649
511.232 or 1545.13 of the Revised Code and is in compliance with 650
section 109.77 of the Revised Code.
(LL) "Conservancy district officer" means a full-time 652
employee of a conservancy district who is designated pursuant to 654
section 6101.75 of the Revised Code and is in compliance with 655
section 109.77 of the Revised Code.
(MM) "Municipal police officer" means a member of the 657
organized police department of a municipal corporation who is 659
employed full-time, is in compliance with section 109.77 of the 660
Revised Code, and is not a member of the Ohio police and fire 661
pension fund. 662
(NN) "Ohio veterans' home police officer" means any person 665
who is employed at the Ohio veterans' home as a police officer 666
pursuant to section 5907.02 of the Revised Code and is in 667
compliance with section 109.77 of the Revised Code.
(OO) "Special police officer for a mental health 669
institution" means any person who is designated as such pursuant 671
to section 5119.14 of the Revised Code and is in compliance with 672
section 109.77 of the Revised Code.
(PP) "Special police officer for an institution for the 674
mentally retarded and developmentally disabled" means any person 676
who is designated as such pursuant to section 5123.13 of the 677
Revised Code and is in compliance with section 109.77 of the 678
Revised Code.
(QQ) "State university law enforcement officer" means any 680
person who is employed full-time as a state university law 682
enforcement officer pursuant to section 3345.04 of the Revised 683
Code and who is in compliance with section 109.77 of the Revised 684
Code.
19
(RR) "Hamilton county municipal court bailiff" means a 686
person appointed by the clerk of courts of the Hamilton county 688
municipal court under division (A)(3) of section 1901.32 of the 689
Revised Code who is employed full-time as a bailiff or deputy 690
bailiff, who has received a certificate attesting to the person's 691
satisfactory completion of the peace officer training school as
required by division (C) of section 109.77 of the Revised Code, 692
and whose primary duties are to preserve the peace, to protect 693
life and property, and to enforce the laws of this state. 694
(SS) Notwithstanding section 2901.01 of the Revised Code, 696
"law enforcement officer" means a sheriff, deputy sheriff, 698
township constable or police officer in a township police 699
department or district, drug agent, department of public safety 700
enforcement agent, natural resources law enforcement staff
officer, park officer, forest officer, preserve officer, wildlife 702
officer, state watercraft officer, park district police officer, 703
conservancy district officer, Ohio veterans' home police officer, 704
special police officer for a mental health institution, special 705
police officer for an institution for the mentally retarded and 706
developmentally disabled, state university law enforcement
officer, Hamilton county municipal court bailiff, or municipal 707
police officer.
(TT) "Fiduciary" means a person who does any of the 709
following: 710
(1) Exercises any discretionary authority or control with 712
respect to the management of the system or with respect to the 713
management or disposition of its assets; 714
(2) Renders investment advice for a fee, direct or 716
indirect, with respect to money or property of the system; 717
(3) Has any discretionary authority or responsibility in 719
the administration of the system. 720
(UU) "Actuary" means an individual who satisfies all of 722
the following requirements: 724
(1) Is a member of the American academy of actuaries; 726
20
(2) Is an associate or fellow of the society of actuaries; 728
(3) Has a minimum of five years' experience in providing 730
actuarial services to public retirement plans. 731
Sec. 145.23. The funds hereby created are the employees' 740
savings fund, the employers' accumulation fund, the annuity and 741
pension reserve fund, the income fund, the survivors' benefit 742
fund, and the expense fund. 743
(A) The employees' savings fund is the fund in which shall 745
be accumulated contributions from the earnable salaries of 746
contributors for the purchase of annuities or retirement 747
allowances. 748
The accumulated contributions of a contributor returned to 750
him THE CONTRIBUTOR upon his withdrawal, or paid to his THE 752
CONTRIBUTOR'S estate or designated beneficiary in the event of 753
his death, shall be paid from the employees' savings fund. Any 754
accumulated contributions forfeited by failure of a member, or 755
his A MEMBER'S estate, to claim the same, shall be transferred 757
from the employees' savings fund to the income fund. The 758
accumulated contributions of a contributor shall be transferred 759
from the employees' savings fund to the annuity and pension 760
reserve fund in the event of his THE CONTRIBUTOR'S retirement. 761
(B) The employers' accumulation fund is the fund in which 763
shall be accumulated the reserves for the payment of all pensions 764
and disability benefits payable as provided in this chapter. The 765
amounts paid by the state of Ohio and by any employer defined in 766
division (A) of section 145.01 of the Revised Code because of the 767
normal contributions and deficiency contributions shall be 768
credited to the employers' accumulation fund. 769
Any payments made into the employers' accumulation fund by 771
a member as provided in section 145.31 of the Revised Code shall 772
be refunded to such member under the conditions specified in 773
section 145.40 of the Revised Code. 774
Upon the retirement of a contributor, the full amount of 776
his THE CONTRIBUTOR'S pension reserve shall be transferred from 777
21
the employers' accumulation fund to the annuity and pension 779
reserve fund.
(C) The annuity and pension reserve fund is the fund from 781
which shall be paid all pensions, disability benefits, annuities, 782
and benefits in lieu thereof, because of which reserves have been 783
transferred from the employees' savings fund and the employers' 784
accumulation fund. 785
Any contributor may deposit in the employees' savings fund, 787
subject to rules established from time to time by the public 788
employees retirement board, such amounts as he THE CONTRIBUTOR 789
desires, and, at the time of age and service retirement, shall 791
receive in return therefor, at his THE CONTRIBUTOR'S option, 792
either an annuity having a reserve equal to the amount deposited 794
or a cash refund of such amounts together with such interest as 795
may have been allowed by the public employees retirement board at 796
the end of each calendar year. Such deposits for additional 797
annuity together with such interest as may have been allowed by 798
the public employees retirement board at the end of each calendar 799
year shall be refunded in the event of death prior to retirement 800
or withdrawal of accumulated contributions as provided in 801
sections 145.40 and 145.43 of the Revised Code or upon 802
application of the contributor prior to age and service 803
retirement.
FOR DEPOSITS RECEIVED IN A CALENDAR YEAR, INTEREST SHALL BE 806
EARNED BEGINNING ON THE FIRST DAY OF THE CALENDAR YEAR NEXT
FOLLOWING AND ENDING ON THE LAST DAY OF THAT YEAR, EXCEPT THAT IN 808
THE CASE OF A PAYMENT UNDER THIS DIVISION MADE PRIOR TO THE LAST 810
DAY OF A YEAR, INTEREST SHALL BE EARNED ENDING ON THE LAST DAY OF 811
THE MONTH PRIOR TO THE DATE OF PAYMENT. THE BOARD SHALL CREDIT 812
INTEREST AT THE END OF THE CALENDAR YEAR IN WHICH IT IS EARNED. 813
(D) The income fund is the fund from which interest is 815
transferred and credited on the amounts in the funds described in 816
divisions (B), (C), and (F) of this section, and is a contingent 817
fund from which the special requirements of the funds may be paid 818
22
by transfer from this fund. All income derived from the 819
investment of funds by the public employees retirement board as 820
trustee under section 145.11 of the Revised Code, together with 821
all gifts and bequests, or the income therefrom, shall be paid 822
into this fund. 823
Any deficit occurring in any other fund that will not be 825
covered by payments to that fund, as otherwise provided in 826
Chapter 145. of the Revised Code, shall be paid by transfers of 827
amounts from the income fund to such fund or funds. If the 828
amount in the income fund is insufficient at any time to meet the 829
amounts payable therefrom, the amount of the deficiency, with 830
regular interest, shall be paid by an additional employer rate of 831
contributions as determined by the actuary, not to exceed 832
fourteen per cent, and the amount of the additional employer 833
contribution shall be credited to the income fund. 834
The public employees retirement board may accept gifts and 836
bequests. Any funds that may come into possession of the public 837
employees retirement board in this manner, or which may be 838
transferred from the employees' savings fund by reason of lack of 839
a claimant, or any surplus in any fund created by this section, 840
or any other funds whose disposition is not otherwise provided 841
for, shall be credited to the income fund. 842
(E) The expense fund is the fund from which shall be paid 844
the expenses of the administration of this chapter, exclusive of 845
amounts payable as retirement allowances and as other benefits. 846
(F) The survivors' benefit fund is the fund from which 848
shall be paid dependent survivor benefits provided by section 849
145.45 of the Revised Code. 850
Sec. 145.31. Except as provided in this section, a member 859
or former member of the public employees retirement system with 861
at least eighteen months of contributing service credit in this 862
system, the state teachers retirement system, the school 863
employees retirement system, the Ohio police and fire pension 865
fund, or the state highway patrol retirement system, after the 866
23
withdrawal of ACCUMULATED contributions and cancellation of 867
service credit in this system, may restore such service credit by 869
redepositing in the employees' savings fund the amount withdrawn, 870
with interest on such amount compounded annually at a rate to be 871
determined by the public employees retirement board from the 872
first day of the month of withdrawal to and including the month 873
of redeposit. The AMOUNT REDEPOSITED SHALL BE CREDITED AS 874
FOLLOWS:
(A) THE AMOUNT THAT EQUALS THE AMOUNT, IF ANY, INCLUDED 876
UNDER SECTION 145.401 OF THE REVISED CODE IN THE WITHDRAWAL OF 878
ACCUMULATED CONTRIBUTIONS UNDER SECTION 145.40 OF THE REVISED 879
CODE SHALL BE CREDITED TO THE EMPLOYERS' ACCUMULATION FUND. 880
(B) THE REMAINING AMOUNT SHALL BE CREDITED TO THE MEMBER'S 882
ACCOUNT IN THE EMPLOYEES' SAVINGS FUND. 883
THE member may choose to purchase only part of such credit 886
in any one payment, subject to board rules. The EXCEPT FOR ANY 888
AMOUNT INCLUDED UNDER SECTION 145.401 OF THE REVISED CODE IN THE 889
WITHDRAWAL OF ACCUMULATED CONTRIBUTIONS UNDER SECTION 145.40 OF 890
THE REVISED CODE, THE total payment to restore canceled service 892
credit, plus any interest credited thereto, shall be considered 893
as accumulated contributions of the member. If a former member 894
is eligible to buy the service credit as a member of the Ohio 895
police and fire pension fund or state highway patrol retirement 897
system, the former member is ineligible to restore that service
credit under this section. 898
Any employee who has been refunded the employee's 900
accumulated contributions to the public employees retirement 901
system solely by reason of membership in a former firemen's 902
relief and pension fund or a former police relief and pension 903
fund may restore membership in the public employees retirement 904
system by redepositing with the system the amount refunded, with 905
interest on such amount compounded annually at a rate to be 906
determined by the board from the month of refund to and including 907
the month of redeposit. The member may choose to purchase only 908
24
part of such credit in any one payment, subject to board rules. 909
Sec. 145.37. (A) As used in this section: 918
(1) "State retirement system" means the public employees 920
retirement system, school employees retirement system, or state 921
teachers retirement system. 922
(2) "Total service credit" means all service credit earned 924
in the state retirement systems, except credit for service 925
subject to section 145.38 of the Revised Code. Total service 926
credit shall not exceed one year of credit for any twelve-month 927
period. 928
(3) In addition to the meaning given in division (N) of 930
section 145.01 of the Revised Code, "disability benefit" means 931
"disability benefit" as defined in sections 3307.01 and 3309.01 932
of the Revised Code. 933
(B) To coordinate and integrate membership in the state 935
retirement systems, the following provisions apply: 936
(1) At the option of a member, total contributions and 938
service credit in all state retirement systems, including amounts 939
paid to restore service credit under sections 145.311, 3307.711, 941
and 3309.261 of the Revised Code, shall be used in determining 943
the eligibility and total retirement or disability benefit 944
payable. When total contributions and service credit are so 945
combined, the following provisions apply:
(a) Age and service retirement or disability benefits are 947
effective on the first day of the month immediately following the 948
later of: 949
(i) The last day for which compensation was paid; 951
(ii) The attainment of minimum age or service credit 953
eligibility for benefits provided under this section. 954
(b) In determining eligibility for a disability benefit, 956
the medical examiner's report to the retirement board of any 957
state retirement system, showing that the member's disability 958
incapacitates the member for the performance of duty, may be 959
accepted by the state retirement boards as sufficient for 961
25
granting a disability benefit. 962
(c) The state retirement system in which the member had 964
the greatest service credit, without adjustment, shall determine 965
and pay the total retirement or disability benefit. Where the 966
member's credit is equal in two or more state retirement systems, 968
the system having the largest total contributions of the member 969
shall determine and pay the total benefit. 970
(d) In determining the total credit to be used in 972
calculating a retirement or disability benefit, credit shall not 973
be reduced below that certified by the system or systems 974
transferring credit, except that such total combined service 975
credit shall not exceed one year of credit for any one "year" as 976
defined in the law of the system making the calculation. 977
(e) The state retirement system determining and paying a 979
retirement or disability benefit shall receive from the other 980
system or systems the member's refundable account at retirement 981
or the effective date of a disability benefit plus an equal 982
amount from the employer's EMPLOYERS' accumulation fund EQUAL TO 984
THE MEMBER'S REFUNDABLE ACCOUNT LESS INTEREST CREDITED UNDER
SECTION 145.471, 145.472, OR 3307.563 OF THE REVISED CODE. 985
(i) The annuity rates and mortality tables of the state 987
retirement system making the calculation and paying the benefit 988
shall be exclusively applicable. 989
(ii) Deposits made for the purpose of an additional 991
annuity, and including guaranteed interest, upon the request of 992
the member, shall be transferred to the state retirement system 993
paying the benefit. The return upon such deposits shall be that 994
offered by the state retirement system making the calculation and 995
paying the benefit. 996
(2) A former member receiving a retirement or disability 998
benefit under this section, who accepts employment amenable to 999
coverage in any state retirement system that participated in the 1,000
former member's combined benefit, shall be subject to the 1,002
applicable provisions of law governing such re-employment. If 1,003
26
the former member is subject to section 3307.35 of the Revised 1,004
Code and exceeds the limits on re-employment established by that 1,006
section, the state retirement system paying a combined benefit 1,007
shall terminate the entire pension portion of the benefit for the 1,008
period of re-employment that exceeds the limit in that section. 1,009
If a former member should be paid any amount in a retirement 1,010
benefit, to which the former member is not entitled under the 1,011
applicable provisions of law governing such re-employment, such 1,013
amount shall be recovered by the state retirement system paying 1,014
such benefit by utilizing any recovery procedure available under 1,015
the code provisions of the state retirement system covering such 1,016
re-employment.
(C) A PERS retirant or other system retirant, as defined 1,018
in section 145.38 of the Revised Code, is not eligible to receive 1,019
any benefit under this section for service subject to section 1,020
145.38 of the Revised Code. 1,021
Sec. 145.38. (A) As used in this section: 1,030
(1) "PERS retirant" means a former member of the public 1,032
employees retirement system who is receiving either of the 1,033
following:
(a) Age and service retirement benefits under section 1,035
145.32, 145.33, 145.331, 145.34, or 145.46 of the Revised Code; 1,036
(b) Age and service retirement benefits paid by the public 1,038
employees retirement system under section 145.37 of the Revised 1,039
Code. 1,040
(2) "Other system retirant" means both of the following: 1,042
(a) A member or former member of the Ohio police and fire 1,045
pension fund, state teachers retirement system, school employees 1,046
retirement system, state highway patrol retirement system, or 1,047
Cincinnati retirement system who is receiving age and service or 1,048
commuted age and service retirement benefits or a disability 1,049
benefit from a system of which the person is a member or former 1,050
member;
(b) A member or former member of the public employees 1,052
27
retirement system who is receiving age and service retirement 1,053
benefits or a disability benefit under section 145.37 of the 1,054
Revised Code paid by the school employees retirement system or 1,055
the state teachers retirement system. 1,056
(B)(1) Subject to this section, a PERS retirant or other 1,058
system retirant may be employed by a public employer. If so 1,059
employed, the PERS retirant or other system retirant shall 1,060
contribute to the public employees retirement system in 1,061
accordance with section 145.47 of the Revised Code, and the 1,062
employer shall make contributions in accordance with section 1,063
145.48 of the Revised Code. 1,064
(2) A public employer that employs a PERS retirant or 1,066
other system retirant, or enters into a contract for services as 1,067
an independent contractor with a PERS retirant who was employed 1,068
by the public employer at the time of the retirant's retirement 1,070
shall notify the retirement board of the employment or contract
not later than the end of the month in which the employment or 1,072
contract commences. Any overpayment of benefits to a PERS 1,073
retirant by the retirement system resulting from delay or failure 1,074
of the employer to give the notice shall be repaid to the 1,075
retirement system by the employer. 1,076
(3) On receipt of notice from a public employer that a 1,078
person who is an other system retirant has been employed, the 1,079
retirement system shall notify the retirement system of which the 1,080
other system retirant was a member of such employment. 1,081
(4)(a) A PERS retirant who has received a retirement 1,084
allowance for less than six TWO months when employment subject to 1,086
this section commences shall forfeit the retirement allowance for 1,087
the period that begins on the date the employment commences and 1,088
ends on the EARLIER OF THE date THE EMPLOYMENT TERMINATES OR THE 1,089
DATE that is six TWO months after the date on which the 1,090
retirement allowance commenced. Service and contributions for 1,092
that period shall not be included in calculation of any benefits 1,093
payable to the PERS retirant and those contributions shall be 1,095
28
refunded on the retirant's death or termination of the 1,096
employment. For purposes of this division, "employment" shall 1,097
include service for which the retirant or the retirant's 1,099
employer, or both, have waived any earnable salary for such 1,100
service.
(b) An other system retirant who has received a retirement 1,102
allowance or disability benefit for less than two months when 1,104
employment subject to this section commences shall forfeit the 1,105
retirement allowance or disability benefit for the period that 1,106
begins on the date the employment commences and ends on the 1,107
EARLIER OF THE date THE EMPLOYMENT TERMINATES OR THE DATE that is 1,108
two months after the date on which the retirement allowance or 1,109
disability benefit commenced. Service and contributions for that 1,110
period shall not be included in the calculation of any benefits 1,111
payable to the other system retirant and those contributions 1,112
shall be refunded on the retirant's death or termination of the 1,113
employment.
(5) On receipt of notice from the Ohio police and fire 1,116
pension fund, school employees retirement system, or state 1,118
teachers retirement system of the re-employment of a PERS 1,119
retirant, the public employees retirement system shall not pay,
or if paid, shall recover, the amount to be forfeited by the PERS 1,120
retirant in accordance with section 742.26, 3307.35, or 3309.341 1,122
of the Revised Code. 1,123
(6) A PERS retirant who enters into a contract to provide 1,125
services as an independent contractor to the employer by which 1,126
the retirant was employed at the time of retirement or, less than 1,128
two months after the retirement allowance commences, begins
providing services as an independent contractor pursuant to a 1,129
contract with another public employer, shall forfeit the pension 1,130
portion of the retirement benefit for the period beginning the 1,131
first day of the month following the month in which the services 1,132
begin and ending on the first day of the month following the 1,133
month in which the services end. The annuity portion of the 1,134
29
retirement allowance shall be suspended on the day services under 1,135
the contract begin and shall accumulate to the credit of the 1,136
retirant to be paid in a single payment after services provided 1,137
under the contract terminate. A PERS retirant subject to 1,138
division (B)(6) of this section shall not contribute to the 1,139
retirement system and shall not become a member of the system. 1,140
(7) AS USED IN THIS DIVISION, "EMPLOYMENT" INCLUDES 1,142
SERVICE FOR WHICH A PERS RETIRANT OR OTHER SYSTEM RETIRANT, THE 1,143
RETIRANT'S EMPLOYER, OR BOTH, HAVE WAIVED ANY EARNABLE SALARY FOR 1,144
THE SERVICE.
(C)(1) Except as provided in division (C)(4) of this 1,146
section, a PERS retirant employed pursuant to this section shall 1,149
elect one of the following:
(a) To receive both compensation for the employment and a 1,152
retirement allowance;
(b) To receive compensation for the employment and forfeit 1,155
the pension portion of the retirement allowance.
(2) A PERS retirant who is described in division (C)(4) of 1,159
this section or elects to forfeit the pension portion of the 1,160
retirement allowance under, PRIOR TO THE EFFECTIVE DATE OF THIS 1,161
AMENDMENT, MADE AN ELECTION UNDER division (C)(1)(b) of this 1,163
section shall become a new AS THAT DIVISION EXISTED IMMEDIATELY 1,164
PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT, AND A PERS 1,165
RETIRANT WHO ELECTS UNDER SECTION 6 OF AM. SUB. S.B. NO. 144 OF 1,166
THE 123rd GENERAL ASSEMBLY ELECTS TO BE SUBJECT TO THIS SECTION 1,168
IS A member of the public employees retirement system with all 1,170
the rights, privileges, and obligations of membership, except 1,171
that the new membership does not include survivor benefits 1,172
provided pursuant to section 145.45 of the Revised Code OR, 1,173
BEGINNING ON THE NINETIETH DAY AFTER THE EFFECTIVE DATE OF THIS 1,174
AMENDMENT, ANY AMOUNT CALCULATED UNDER SECTION 145.401 OF THE
REVISED CODE. The pension portion of the PERS retirant's 1,175
retirement allowance shall cease on the first day of the first 1,176
month following commencement of the employment and shall 1,177
30
thereafter be forfeited until the first day of the first month 1,178
following termination of the employment. The annuity portion of 1,179
the retirement allowance shall be suspended on the first day of 1,180
the first month following commencement of the employment and 1,181
shall thereafter accumulate to the credit of the PERS retirant to 1,183
be paid in a single payment after termination of the employment. 1,184
The retirement allowance shall resume on the first day of the 1,185
first month following termination of the employment. On 1,186
termination of the employment, the PERS retirant shall elect to 1,188
receive either a refund of the retirant's contributions to the 1,190
retirement system during the period of employment subject to this 1,191
section or a supplemental retirement allowance based on the 1,192
retirant's contributions and service credit for that period of 1,193
employment.
(3) Except as provided in division (B)(4) of this section, 1,195
there shall be no suspension or forfeiture of any portion of the 1,196
retirement allowance payable to other system retirants or to PERSretirants who make an election under division (C)(1)(a) of this 1,199
section. 1,200
(4) A PERS retirant shall elect division (C)(1)(b) of this 1,203
section if both of the following apply:
(a) The retirant held elective office in this state, or in 1,205
any municipal corporation, county, or other subdivision of this 1,206
state at the time of retirement under Chapter 145. of the Revised 1,207
Code;
(b) The retirant was elected or appointed to the same 1,209
office for the remainder of the term or the term immediately 1,210
following the term during which the retirement occurred. 1,211
(D)(1) On termination of employment under this section, 1,213
the AN OTHER SYSTEM RETIRANT OR A PERS retirant who makes an 1,215
election under IS NOT SUBJECT TO division (C)(1)(a) of this 1,218
section or other system retirant may file an application with the 1,219
public employees retirement system for a benefit under this 1,220
division, which. THE BENEFIT shall consist of a single life 1,221
31
annuity having a reserve equal to the amount of the retirant's 1,222
accumulated contributions for the period of employment, OTHER 1,223
THAN THE CONTRIBUTIONS EXCLUDED PURSUANT TO DIVISION (B)(4) OF 1,224
THIS SECTION, and an equal amount of the employer's 1,226
contributions. The PERS retirant or other system retirant shall 1,227
elect either to receive the benefit as a monthly annuity for life 1,228
or a lump-sum payment discounted to the present value using the 1,229
current actuarial assumption rate of interest, except that if the 1,230
monthly annuity would be less than twenty-five dollars per month, 1,231
the retirant shall receive a lump-sum payment. 1,232
(2) A benefit payable under this division shall commence 1,234
on the latest of the following: 1,235
(a) The last day for which compensation for employment 1,237
subject to this section was paid; 1,238
(b) Attainment by the PERS retirant or other system 1,240
retirant of age sixty-five; 1,241
(c) If the PERS retirant or other system retirant was 1,243
previously employed under this section and is receiving or 1,244
previously received a benefit under this division, completion of 1,245
a period of twelve months since the effective date of the last 1,246
benefit under this division. 1,247
(3)(a) If a PERS retirant or other system retirant dies 1,249
while employed in employment subject to this section, a lump-sum 1,250
payment calculated in accordance with division (D)(1) of this 1,252
section shall be paid to the retirant's beneficiary under 1,253
division (G) of this section. 1,254
(b) If at the time of death a PERS retirant or other 1,256
system retirant receiving a monthly annuity has received less 1,257
than the retirant would have received as a lump-sum payment, the 1,259
difference between the amount received and the amount that would 1,260
have been received as a lump-sum payment shall be paid to the 1,261
retirant's beneficiary under division (G) of this section. 1,262
(4)(a) A PERS retirant or other system retirant subject to 1,264
this division is not a member of the public employees retirement 1,265
32
system, does not have any of the rights, privileges, or 1,266
obligations of membership, except as specified in this section, 1,267
and, except as specified in division (D)(4)(b) of this section, 1,269
is not eligible to receive health, medical, hospital, or surgical 1,270
benefits under section 145.58 of the Revised Code for employment 1,271
subject to this section. No amount received under this division 1,272
shall be included in determining an additional benefit under 1,273
section 145.323 of the Revised Code or any other post-retirement 1,274
benefit increase. 1,275
(b) A PERS retirant who makes an election under SUBJECT TO 1,277
THIS division (C)(1)(a) of this section shall receive primary 1,280
health, medical, hospital, or surgical insurance coverage from 1,281
the retirant's employer, if the employer provides coverage to 1,282
other employees performing comparable work. Neither the employer 1,283
nor the PERS retirant may waive the employer's coverage, except 1,284
that the PERS retirant may waive the employer's coverage if the 1,285
retirant has coverage comparable to that provided by the employer 1,286
from a source other than the employer or the public employees 1,287
retirement system. If a claim is made, the employer's coverage 1,288
shall be the primary coverage and shall pay first. The benefits 1,289
provided under section 145.58 of the Revised Code shall pay only 1,290
those medical expenses not paid through the employer's coverage 1,291
or coverage the PERS retirant receives through a source other 1,292
than the retirement system. 1,293
(E) If the disability benefit of an other system retirant 1,295
employed under this section is terminated, the retirant shall 1,296
become a member of the public employees retirement system, 1,297
effective on the first day of the month next following the 1,298
termination with all the rights, privileges, and obligations of 1,299
membership. If such person, after the termination of the 1,300
disability benefit, earns two years of service credit under this 1,301
system or under the Ohio police and fire pension fund, state 1,303
teachers retirement system, school employees retirement system, 1,304
or state highway patrol retirement system, the person's prior 1,305
33
contributions as an other system retirant under this section 1,306
shall be included in the person's total service credit as a 1,307
public employees retirement system member, and the person shall 1,308
forfeit all rights and benefits of this section. Not more than 1,309
one year of credit may be given for any period of twelve months. 1,310
(F) A PERS retirant who performs services for a public 1,313
employer as an independent contractor pursuant to a contract with 1,314
the employer shall not make contributions to the public employees 1,315
retirement system or become a member of the system. Except as 1,316
provided in division (B)(6) of this section, there shall be no 1,317
suspension or forfeiture of the retirant's retirement allowance. 1,318
(G)(F) A PERS retirant or other system retirant employed 1,321
under this section may designate one or more persons as 1,322
beneficiary to receive any benefits payable under this section 1,323
due to death. The designation shall be in writing duly executed 1,325
on a form provided by the public employees retirement board, 1,326
signed by the PERS retirant or other system retirant, and filed 1,327
with the board prior to death. The last designation of a 1,328
beneficiary revokes all previous designations. The PERS
retirant's or other system retirant's marriage, divorce, marriage 1,329
dissolution, legal separation, withdrawal of account, birth of a 1,331
child, or adoption of a child revokes all previous designations. 1,332
If there is no designated beneficiary, the beneficiary is the 1,333
beneficiary determined under division (D) of section 145.43 of 1,334
the Revised Code. If any benefit payable under this section due 1,335
to the death of a PERS retirant or other system retirant is not 1,336
claimed by a beneficiary within five years after the death, the 1,337
amount payable shall be transferred to the income fund and 1,338
thereafter paid to the beneficiary or the estate of the PERS 1,339
retirant or other system retirant on application to the board.
(H)(G) This section does not affect the receipt of 1,341
benefits by or eligibility for benefits of any person who on 1,342
August 20, 1976, was receiving a disability benefit or service 1,343
retirement pension or allowance from a state or municipal 1,344
34
retirement system in Ohio and was a member of any other state or 1,345
municipal retirement system of this state. 1,346
(I)(H) The public employees retirement board may adopt 1,348
rules to carry out this section. 1,349
Sec. 145.383. (A) AS USED IN THIS SECTION: 1,351
(1) "COMPENSATION" HAS THE SAME MEANING AS IN SECTION 1,353
3307.01 OR 3309.01 OF THE REVISED CODE, AS APPROPRIATE. 1,354
(2) "PERS POSITION" MEANS A POSITION FOR WHICH A MEMBER OF 1,356
THE PUBLIC EMPLOYEES RETIREMENT SYSTEM IS MAKING CONTRIBUTIONS TO 1,357
THE SYSTEM. 1,358
(3) "OTHER STATE RETIREMENT SYSTEM" MEANS THE STATE 1,360
TEACHERS RETIREMENT SYSTEM OR THE SCHOOL EMPLOYEES RETIREMENT 1,361
SYSTEM.
(4) "STATE RETIREMENT SYSTEM" MEANS THE PUBLIC EMPLOYEES 1,363
RETIREMENT SYSTEM, STATE TEACHERS RETIREMENT SYSTEM, OR THE 1,364
SCHOOL EMPLOYEES RETIREMENT SYSTEM. 1,365
(B)(1) A MEMBER OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,367
WHO HOLDS TWO OR MORE PERS POSITIONS MAY RETIRE UNDER SECTION 1,368
145.32, 145.33, 145.331, 145.34, 145.37, OR 145.46 OF THE REVISED 1,370
CODE FROM THE POSITION FOR WHICH THE ANNUAL EARNABLE SALARY AT 1,371
THE TIME OF RETIREMENT IS HIGHEST AND CONTINUE TO CONTRIBUTE TO 1,373
THE RETIREMENT SYSTEM FOR THE OTHER PERS POSITION OR POSITIONS. 1,374
(2) A MEMBER OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM WHO 1,376
ALSO HOLDS ONE OR MORE OTHER POSITIONS COVERED BY THE OTHER STATE 1,377
RETIREMENT SYSTEMS MAY RETIRE UNDER SECTION 145.32, 145.33, 1,378
145.331, 145.34, 145.37, OR 145.46 OF THE REVISED CODE FROM THE 1,379
PERS POSITION AND CONTINUE CONTRIBUTING TO THE OTHER STATE 1,382
RETIREMENT SYSTEMS IF THE ANNUAL EARNABLE SALARY FOR THE PERS 1,383
POSITION AT THE TIME OF RETIREMENT IS GREATER THAN ANNUAL 1,385
COMPENSATION FOR THE POSITION, OR ANY OF THE POSITIONS, COVERED
BY THE OTHER STATE RETIREMENT SYSTEMS. 1,388
(3) A MEMBER OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM WHO 1,390
HOLDS TWO OR MORE PERS POSITIONS AND AT LEAST ONE OTHER POSITION 1,391
COVERED BY ONE OF THE OTHER STATE RETIREMENT SYSTEMS MAY RETIRE 1,392
35
UNDER SECTION 145.32, 145.33, 145.331, 145.34, 145.37, OR 145.46 1,393
OF THE REVISED CODE FROM ONE OF THE PERS POSITIONS AND CONTINUE 1,395
CONTRIBUTING TO THE PUBLIC EMPLOYEES RETIREMENT SYSTEM AND THE 1,396
OTHER STATE RETIREMENT SYSTEM IF THE ANNUAL EARNABLE SALARY FOR 1,397
THE PERS POSITION FROM WHICH THE MEMBER IS RETIRING IS, AT THE 1,398
TIME OF RETIREMENT, GREATER THAN THE ANNUAL COMPENSATION OR 1,400
EARNABLE SALARY FOR ANY OF THE POSITIONS FOR WHICH THE MEMBER IS 1,402
CONTINUING TO MAKE CONTRIBUTIONS.
(4) A MEMBER OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM WHO 1,404
HAS RETIRED AS PROVIDED IN DIVISION (B)(2) OR (3) OF SECTION 1,405
3307.351 OR DIVISION (B)(2) OR (3) OF SECTION 3309.343 OF THE 1,406
REVISED CODE MAY CONTINUE TO CONTRIBUTE TO THE PUBLIC EMPLOYEES 1,408
RETIREMENT SYSTEM FOR A PERS POSITION IF THE MEMBER HELD THE 1,409
POSITION AT THE TIME OF RETIREMENT FROM THE OTHER STATE 1,410
RETIREMENT SYSTEM.
(5) A MEMBER WHO CONTRIBUTES TO THE PUBLIC EMPLOYEES 1,412
RETIREMENT SYSTEM IN ACCORDANCE WITH DIVISION (B)(1), (3), OR (4) 1,413
OF THIS SECTION SHALL CONTRIBUTE IN ACCORDANCE WITH SECTION 1,414
145.47 OF THE REVISED CODE. THE MEMBER'S EMPLOYER SHALL 1,415
CONTRIBUTE AS PROVIDED IN SECTION 145.48 OF THE REVISED CODE. 1,417
NEITHER THE MEMBER NOR THE MEMBER'S SURVIVORS ARE ELIGIBLE FOR 1,418
ANY BENEFITS BASED ON THOSE CONTRIBUTIONS OTHER THAN THOSE 1,419
PROVIDED UNDER THIS SECTION OR SECTION 3307.351 OR 3309.343 OF 1,420
THE REVISED CODE.
(C)(1) IN DETERMINING RETIREMENT ELIGIBILITY AND THE 1,422
ANNUAL RETIREMENT ALLOWANCE OF A MEMBER WHO RETIRES AS PROVIDED 1,423
IN DIVISION (B)(1), (2), OR (3) OF THIS SECTION, THE FOLLOWING 1,424
SHALL BE USED TO THE DATE OF RETIREMENT: 1,425
(a) THE MEMBER'S EARNABLE SALARY AND COMPENSATION FOR ALL 1,427
POSITIONS COVERED BY A STATE RETIREMENT SYSTEM; 1,428
(b) TOTAL SERVICE CREDIT IN ANY STATE RETIREMENT SYSTEM, 1,430
EXCEPT THAT THE CREDIT SHALL NOT EXCEED ONE YEAR OF CREDIT FOR 1,431
ANY PERIOD OF TWELVE MONTHS; 1,432
(c) ALL CONTRIBUTIONS, INCLUDING AMOUNTS PAID TO PURCHASE 1,434
36
SERVICE CREDIT AND AMOUNTS PAID TO RESTORE SERVICE CREDIT UNDER 1,435
SECTIONS 145.311, 3307.711, AND 3309.261 OF THE REVISED CODE. 1,437
(2) A MEMBER WHO RETIRES AS PROVIDED IN DIVISION (B)(1), 1,439
(2), OR (3) OF THIS SECTION IS A RETIRANT FOR ALL PURPOSES OF 1,440
THIS CHAPTER, EXCEPT THAT THE MEMBER IS NOT SUBJECT TO SECTION 1,441
145.38 OF THE REVISED CODE FOR A POSITION OR POSITIONS FOR WHICH 1,442
CONTRIBUTIONS CONTINUE UNDER THOSE DIVISIONS OR DIVISION (B)(4) 1,443
OF THIS SECTION. 1,444
(D) ON RETIREMENT FROM A POSITION FOR WHICH CONTRIBUTIONS 1,446
WERE MADE UNDER DIVISION (B)(1), (3), OR (4) OF THIS SECTION, THE 1,447
RETIRED MEMBER IS ELIGIBLE FOR A BENEFIT CONSISTING OF A SINGLE 1,448
LIFE ANNUITY HAVING A RESERVE EQUAL TO THE AMOUNT OF THE RETIRED 1,450
MEMBER'S ACCUMULATED CONTRIBUTIONS UNDER DIVISION (B)(1), (3), OR 1,451
(4) OF THIS SECTION PLUS AN EQUAL AMOUNT OF THE EMPLOYER'S 1,452
CONTRIBUTIONS. THE RETIRED MEMBER SHALL ELECT EITHER TO RECEIVE 1,453
THE BENEFIT AS A MONTHLY ANNUITY FOR LIFE OR A LUMP-SUM PAYMENT 1,454
DISCOUNTED TO THE PRESENT VALUE USING THE CURRENT ACTUARIAL 1,456
ASSUMPTION RATE OF INTEREST, EXCEPT THAT IF THE ANNUITY WOULD BE 1,457
LESS THAN TWENTY-FIVE DOLLARS PER MONTH, THE RETIRED MEMBER SHALL 1,458
RECEIVE A LUMP-SUM PAYMENT.
A BENEFIT PAYABLE UNDER THIS DIVISION COMMENCES ON THE 1,460
LATER OF THE FIRST DAY OF THE FIRST MONTH FOLLOWING THE LAST DAY 1,462
FOR WHICH THE RETIRED MEMBER CONTRIBUTED UNDER DIVISION (B)(1), 1,463
(3), OR (4) OF THIS SECTION OR ATTAINMENT BY THE RETIRED MEMBER 1,464
OF AGE SIXTY-FIVE.
A RETIRED MEMBER RECEIVING A BENEFIT UNDER THIS DIVISION IS 1,466
NOT A MEMBER OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM AND DOES 1,467
NOT HAVE ANY RIGHTS, PRIVILEGES, OR OBLIGATIONS OF MEMBERSHIP. 1,468
NO AMOUNTS RECEIVED UNDER THIS DIVISION SHALL BE INCLUDED IN 1,469
DETERMINING AN INCREASE UNDER SECTION 145.323 OF THE REVISED CODE 1,470
OR ANY OTHER POST-RETIREMENT BENEFIT INCREASE. THE RETIRED 1,471
MEMBER IS A PERS RETIRANT FOR PURPOSES OF SECTION 145.38 OF THE 1,472
REVISED CODE. 1,473
(E) IF A MEMBER CONTRIBUTING TOWARD A BENEFIT UNDER 1,475
37
DIVISION (D) OF THIS SECTION DIES BEFORE RECEIVING THE BENEFIT, A 1,477
LUMP SUM CALCULATED IN ACCORDANCE WITH THAT DIVISION SHALL BE 1,478
PAID TO THE BENEFICIARY DESIGNATED UNDER DIVISION (F) OF THIS 1,480
SECTION.
IF A RETIRED MEMBER RECEIVING A MONTHLY ANNUITY UNDER 1,482
DIVISION (D) OF THIS SECTION DIES BEFORE RECEIVING AN AMOUNT 1,483
EQUAL TO THE LUMP-SUM PAYMENT THAT WOULD BE PAID UNDER THAT 1,484
DIVISION, THE DIFFERENCE BETWEEN THE AMOUNT RECEIVED AND THE 1,485
AMOUNT THAT WOULD HAVE BEEN PAID AS A LUMP-SUM PAYMENT SHALL BE 1,486
PAID TO THE BENEFICIARY DESIGNATED UNDER DIVISION (F) OF THIS 1,487
SECTION.
(F) A RETIRED MEMBER MAY DESIGNATE ONE OR MORE PERSONS AS 1,489
BENEFICIARY TO RECEIVE ANY BENEFITS PAYABLE UNDER DIVISION (E) OF 1,490
THIS SECTION DUE TO DEATH. THE DESIGNATION SHALL BE IN WRITING 1,491
DULY EXECUTED ON A FORM PROVIDED BY THE PUBLIC EMPLOYEES 1,492
RETIREMENT SYSTEM, SIGNED BY THE RETIRED MEMBER AND FILED WITH 1,493
THE BOARD PRIOR TO DEATH. THE LAST DESIGNATION OF THE 1,494
BENEFICIARY REVOKES ALL PREVIOUS DESIGNATIONS. THE RETIRED 1,495
MEMBER'S MARRIAGE, DIVORCE, MARRIAGE TERMINATION, LEGAL 1,496
SEPARATION, OR BIRTH OR ADOPTION OF A CHILD REVOKES ALL PREVIOUS 1,497
DESIGNATIONS. IF THERE IS NO DESIGNATED BENEFICIARY, THE
BENEFICIARY IS THE BENEFICIARY DETERMINED UNDER DIVISION (D) OF 1,498
SECTION 145.43 OF THE REVISED CODE. IF ANY BENEFIT PAYABLE UNDER 1,499
THIS SECTION DUE TO THE DEATH OF A RETIRED MEMBER IS NOT CLAIMED 1,500
BY A BENEFICIARY WITHIN FIVE YEARS AFTER DEATH, THE AMOUNT 1,501
PAYABLE SHALL BE TRANSFERRED TO THE INCOME FUND AND THEREAFTER 1,502
PAID TO THE BENEFICIARY OR THE ESTATE OF THE RETIRED MEMBER ON 1,503
APPLICATION TO THE SYSTEM. 1,504
(G) THE PUBLIC EMPLOYEES RETIREMENT BOARD MAY ADOPT RULES 1,506
TO CARRY OUT THIS SECTION. 1,507
Sec. 145.40. (A)(1) Subject to the provisions of section 1,516
145.57 of the Revised Code, if a member elects to become exempt 1,517
from contribution to the public employees retirement system 1,518
pursuant to section 145.03 of the Revised Code or ceases to be a 1,519
38
public employee for any cause other than death, retirement, 1,520
receipt of a disability benefit, or election of an alternative 1,521
retirement plan under section 3305.05 of the Revised Code, upon 1,522
application the public employees retirement board shall pay the 1,524
member the accumulated contributions standing to the credit of 1,525
the member's individual account in the employees' savings fund, 1,527
plus any principal payment and interest on it the member may have 1,528
made to purchase additional service credit under this chapter or 1,530
Section 4 of Substitute Senate Bill 138 of the 117th general 1,531
assembly, AND PLUS ANY APPLICABLE AMOUNT CALCULATED UNDER SECTION 1,532
145.401 OF THE REVISED CODE, provided that all the following 1,533
apply:
(1)(a) Three months have elapsed since the member's public 1,536
service, other than service exempted from contribution pursuant 1,537
to section 145.03 of the Revised Code, was terminated; 1,538
(2)(b) The member has not returned to public service, 1,540
other than service exempted from contribution pursuant to section 1,541
145.03 of the Revised Code, during that three-month period; 1,542
(3)(c) The member is not a member of the school employees 1,544
retirement system or the state teachers retirement system. 1,545
The payment of such accumulated contributions shall cancel 1,547
the total service credit of such member in the public employees 1,548
retirement system. 1,549
(2) A MEMBER DESCRIBED DIVISION (A)(1) OF THIS SECTION WHO 1,552
IS MARRIED AT THE TIME OF APPLICATION FOR PAYMENT AND IS ELIGIBLE
FOR AGE AND SERVICE RETIREMENT UNDER SECTION 145.32, 145.33, 1,553
145.331, OR 145.34 OF THE REVISED CODE SHALL SUBMIT WITH THE 1,554
APPLICATION A WRITTEN STATEMENT BY THE MEMBER'S SPOUSE ATTESTING 1,555
THAT THE SPOUSE CONSENTS TO THE PAYMENT OF THE MEMBER'S 1,556
ACCUMULATED CONTRIBUTIONS. CONSENT SHALL BE VALID ONLY IF IT IS 1,557
SIGNED AND WITNESSED BY A NOTARY PUBLIC. 1,558
(B) This division applies to any member who ceases to be a 1,560
public employee by electing an alternative retirement plan 1,561
pursuant to section 3305.05 of the Revised Code and is not 1,562
39
otherwise employed as a public employee in a position to which 1,564
the election does not apply. For purposes of this division,
"continuously employed" has the same meaning as in section 1,565
3305.01 of the Revised Code. 1,566
(1) Subject to section 145.57 of the Revised Code, on the 1,568
application of a member to whom this division applies who is 1,570
continuously employed, the public employees retirement board 1,571
shall pay the accumulated contributions standing to the credit of 1,572
the member's individual account in the employees' savings fund,
plus any additional amounts described in division (A) of this 1,573
section, to the entity providing the member's alternative 1,574
retirement plan for application to that plan in accordance with 1,575
any contract the member has entered into for purposes of that 1,576
plan.
(2) Subject to section 145.57 of the Revised Code, on 1,578
application of a member to whom this division applies who has 1,580
ceased to be continuously employed, the public employees 1,581
retirement board shall pay the accumulated contributions standing 1,582
to the credit of the member's individual account in the
employees' savings fund, plus any additional amounts described in 1,583
division (A) of this section, to the entity providing the 1,584
member's alternative retirement plan for application to that plan 1,585
in accordance with any contract the member has entered into for 1,586
purposes of that plan, provided that all of the following apply: 1,587
(a) At least three months have elapsed since the date on 1,589
which the member ceased to be continuously employed; 1,590
(b) The member has not been employed as a public employee 1,592
during that three-month period; 1,593
(c) Division (A)(3) of this section applies to the member. 1,596
(3) Payment of a member's accumulated contributions under 1,598
this division cancels the member's total service credit in the 1,599
public employees retirement system. 1,600
Sec. 145.401. (A) AS USED IN THIS SECTION: 1,602
(1) "ELIGIBLE CONTRIBUTIONS" MEANS AMOUNTS CONTRIBUTED 1,604
40
UNDER SECTION 145.47 OF THE REVISED CODE, AMOUNTS RECEIVED FROM A 1,605
MEMBER OR TRANSFERRED UNDER SECTION 145.20, 145.295, 145.302, OR 1,606
145.44 OF THE REVISED CODE, AND ANY INTEREST CREDITED UNDER 1,608
SECTION 145.471 OR 145.472 OF THE REVISED CODE. "ELIGIBLE 1,610
CONTRIBUTIONS" DOES NOT INCLUDE CONTRIBUTIONS THAT WERE USED IN 1,611
THE PAYMENT OF A DISABILITY BENEFIT OR, AS PROVIDED IN RULES 1,612
ADOPTED BY THE BOARD, WERE REFUNDED TO A MEMBER BECAUSE THE 1,613
SYSTEM WAS NOT AUTHORIZED TO ACCEPT THE CONTRIBUTIONS.
(2) "SERVICE CREDIT" MEANS SERVICE CREDIT EARNED FOR 1,615
PERIODS FOR WHICH CONTRIBUTIONS WERE MADE UNDER SECTION 145.47 OF 1,616
THE REVISED CODE AND, IF APPLICABLE, PERIODS FOR WHICH SERVICE 1,617
CREDIT WAS PURCHASED OR TRANSFERRED UNDER SECTION 145.20, 1,618
145.295, 145.302, OR 145.44 OF THE REVISED CODE. 1,619
(B) IF A MEMBER HAS, OR AT THE TIME OF DEATH HAD, AT LEAST 1,621
FIVE YEARS OF SERVICE CREDIT, THE PUBLIC EMPLOYEES RETIREMENT 1,622
BOARD SHALL INCLUDE THE AMOUNT SPECIFIED IN DIVISION (B)(1) OR 1,623
(2) OF THIS SECTION IN THE AMOUNT PAYABLE UNDER SECTION 145.40 OF 1,624
THE REVISED CODE TO THE MEMBER, OR UNDER DIVISION (B) OF SECTION 1,626
145.43 OF THE REVISED CODE TO A BENEFICIARY OR BENEFICIARIES OF 1,627
THE MEMBER, UNLESS AT THE TIME OF DEATH THE MEMBER WAS A 1,628
DISABILITY BENEFIT RECIPIENT. THE AMOUNT SPECIFIED IN DIVISION 1,629
(B)(1) OR (2) OF THIS SECTION SHALL BE PAID FROM THE EMPLOYERS' 1,630
ACCUMULATION FUND. 1,631
(1) IF THE MEMBER HAS, OR HAD AT THE TIME OF DEATH, AT 1,633
LEAST FIVE BUT LESS THAN TEN YEARS OF SERVICE CREDIT, THE AMOUNT 1,634
INCLUDED SHALL BE EQUAL TO THIRTY-THREE PER CENT OF THE MEMBER'S 1,636
ELIGIBLE CONTRIBUTIONS.
(2) IF THE MEMBER HAS, OR HAD AT THE TIME OF DEATH, AT 1,638
LEAST TEN YEARS OF SERVICE CREDIT, THE AMOUNT INCLUDED SHALL BE 1,639
EQUAL TO SIXTY-SEVEN PER CENT OF THE MEMBER'S ELIGIBLE 1,640
CONTRIBUTIONS. 1,641
Sec. 145.43. (A) As used in this section and in section 1,650
145.45 of the Revised Code: 1,651
(1) "Child" means a biological or legally adopted child of 1,654
41
a deceased member. If a court hearing for an interlocutory 1,655
decree for adoption was held prior to the member's death, "child" 1,656
includes the child who was the subject of the hearing
notwithstanding the fact that the final decree of adoption, 1,657
adjudging the surviving spouse as the adoptive parent, is made 1,658
subsequent to the member's death.
(2) "Parent" is a parent or legally adoptive parent of a 1,661
deceased member. 1,662
(3) "Dependent" means a beneficiary who receives one-half 1,664
of the beneficiary's support from a member during the twelve 1,665
months prior to the member's death. 1,666
(4) "Surviving spouse" means an individual who establishes 1,669
a valid marriage to a member at the time of the member's death by 1,670
marriage certificate or pursuant to division (E) of this section. 1,671
(5) "Survivor" means a surviving spouse, child, or parent. 1,674
(B) Except as provided in division (C)(1) of section 1,677
145.45 of the Revised Code, should a member die before age and 1,679
service retirement, the member's accumulated contributions, any 1,680
deposits for purchase of additional annuity, and any payment the 1,682
member has made to restore previously forfeited service credit as 1,684
provided in section 145.31 of the Revised Code, AND ANY 1,685
APPLICABLE AMOUNT CALCULATED UNDER SECTION 145.401 OF THE REVISED 1,686
CODE, shall be paid to the person or persons the member has 1,687
designated in writing duly executed on a form provided by the 1,689
public employees retirement board, signed by the member, and 1,690
filed with the board prior to the member's death. A member may 1,691
designate two or more persons as beneficiaries jointly to be paid 1,693
the accumulated account in a lump sum. The last designation of 1,694
any beneficiary revokes all previous designations. The member's 1,695
marriage, divorce, marriage dissolution, legal separation, or 1,696
withdrawal of account, or the birth of the member's child, or 1,697
adoption of a child, shall constitute an automatic revocation of 1,699
the member's previous designation. If a deceased member was also 1,700
a member of the school employees retirement system or the state 1,701
42
teachers retirement system, the beneficiary last established 1,702
among the systems shall be the sole beneficiary in all the 1,703
systems.
If the accumulated contributions of a deceased member are 1,705
not claimed by a beneficiary or by the estate of the deceased 1,706
member within five years, the contributions shall be transferred 1,708
to the income fund and thereafter paid to the beneficiary or to 1,710
the member's estate upon application to the board. The board 1,711
shall formulate and adopt the necessary rules governing all 1,712
designations of beneficiaries. 1,713
(C) Except as provided in division (C)(1) of section 1,715
145.45 of the Revised Code, if a member dies before age and 1,717
service retirement and is not survived by a designated 1,718
beneficiary, any beneficiaries shall qualify in the following 1,720
order of precedence, with all attendant rights and privileges: 1,721
(1) Surviving spouse; 1,723
(2) Children share and share alike; 1,725
(3) A dependent parent of a member, if that parent takes 1,728
survivor benefits under division (B) of section 145.45 of the 1,730
Revised Code;
(4) Parents, share and share alike; 1,732
(5) Estate. 1,734
If the beneficiary is deceased or is not located within 1,736
ninety days, the beneficiary ceases to qualify for any benefit 1,737
and the beneficiary next in order of precedence shall qualify as 1,738
a beneficiary. 1,739
Any payment made to a beneficiary as determined by the 1,741
public employees retirement board shall be a full discharge and 1,742
release to the board from any future claims. 1,743
(D) Any amount due a retirant or disability benefit 1,745
recipient receiving a monthly benefit and unpaid to the retirant 1,747
or recipient at death shall be paid to the beneficiary designated 1,749
in writing on a form approved by the board, signed by the 1,750
retirant or recipient and filed with the board. If no such
43
designation has been filed, or if the designated beneficiary is 1,752
not located within ninety days, any amounts payable under this 1,754
chapter due to the death of the retirant or recipient shall be 1,756
paid in the following order of precedence to the retirant's or
recipient's: 1,757
(1) Surviving spouse; 1,759
(2) Children, share and share alike; 1,761
(3) Parents, share and share alike; 1,763
(4) Estate. 1,765
The payment shall be a full discharge and release to the 1,767
board from any future claim for the payment. 1,768
Any amount due a beneficiary receiving a monthly benefit 1,770
and unpaid to the beneficiary at the beneficiary's death shall be 1,772
paid to the beneficiary's estate. 1,773
(E) If the validity of marriage cannot be established to 1,775
the satisfaction of the retirement board for the purpose of 1,776
disbursing any amount due under this section or section 145.45 of 1,777
the Revised Code, the board may accept a decision rendered by a 1,778
court having jurisdiction in the state in which the member was 1,779
domiciled at the time of death that the relationship constituted 1,780
a valid marriage at the time of death, or the "spouse" would have 1,781
the same status as a widow or widower for purposes of sharing the 1,782
distribution of the member's intestate personal property. 1,783
(F) If the death of a member is caused by one of the 1,785
following beneficiaries, no amount due under this chapter to the 1,786
beneficiary shall be paid to the beneficiary in the absence of a 1,787
court order to the contrary filed with the board: 1,788
(1) A beneficiary who is convicted of, pleads guilty to, 1,790
or is found not guilty by reason of insanity of a violation of or 1,792
complicity in the violation of either of the following: 1,793
(a) Section 2903.01, 2903.02, or 2903.03 of the Revised 1,796
Code;
(b) An existing or former law of any other state, the 1,799
United States, or a foreign nation that is substantially 1,801
44
equivalent to section 2903.01, 2903.02, or 2903.03 of the Revised 1,803
Code;.
(2) A beneficiary who is indicted for a violation of or 1,805
complicity in the violation of the sections or laws described in 1,806
division (F)(1)(a) or (b) of this section and is adjudicated 1,808
incompetent to stand trial;
(3) A beneficiary who is a juvenile found to be a 1,810
delinquent child by reason of committing an act that, if 1,811
committed by an adult, would be a violation of or complicity in 1,812
the violation of the sections or laws described in division 1,814
(F)(1)(a) or (b) of this section. 1,815
Sec. 145.471. (A)(1) ON AND AFTER THE EFFECTIVE DATE OF 1,817
THIS SECTION, THE PUBLIC EMPLOYEES RETIREMENT BOARD SHALL CREDIT 1,818
INTEREST TO THE INDIVIDUAL ACCOUNTS OF CONTRIBUTORS, EXCEPT THAT 1,820
INTEREST SHALL NOT BE CREDITED TO THE INDIVIDUAL ACCOUNT OF A 1,821
PERS OR OTHER SYSTEM RETIRANT, AS DEFINED IN SECTION 145.38 OF 1,822
THE REVISED CODE, FOR CONTRIBUTIONS RECEIVED DURING THE PERIOD 1,823
DESCRIBED IN DIVISION (B)(4)(a) OR (b) OF SECTION 145.38 OF THE 1,825
REVISED CODE. FOR AMOUNTS DEPOSITED BY A CONTRIBUTOR UNDER
DIVISION (C) OF SECTION 145.23 OF THE REVISED CODE, INTEREST 1,827
SHALL BE CREDITED IN ACCORDANCE WITH THAT SECTION. 1,828
(2) EXCEPT AS PROVIDED IN SECTION 145.472 OF THE REVISED 1,830
CODE, THE BOARD SHALL NOT CREDIT INTEREST TO INDIVIDUAL ACCOUNTS 1,831
FOR THE PERIOD BEGINNING DECEMBER 31, 1958, AND ENDING ON THE 1,832
EFFECTIVE DATE OF THIS SECTION.
(B) FOR CONTRIBUTIONS RECEIVED IN A CALENDAR YEAR, 1,834
INTEREST SHALL BE EARNED BEGINNING ON THE FIRST DAY OF THE 1,835
CALENDAR YEAR NEXT FOLLOWING AND ENDING ON THE LAST DAY OF THAT 1,836
YEAR, EXCEPT THAT INTEREST SHALL BE EARNED, IN THE CASE OF AN 1,837
APPLICATION FOR RETIREMENT OR PAYMENT UNDER SECTION 145.40 OR 1,839
145.43 OF THE REVISED CODE, ENDING ON THE LAST DAY OF THE MONTH 1,840
PRIOR TO RETIREMENT OR PAYMENT UNDER THOSE SECTIONS. THE BOARD 1,841
SHALL CREDIT INTEREST AT THE END OF THE CALENDAR YEAR IN WHICH IT
IS EARNED. 1,842
45
Sec. 145.472. THIS SECTION APPLIES TO INDIVIDUALS WHO ARE 1,844
CONTRIBUTORS ON THE EFFECTIVE DATE OF THIS SECTION. 1,845
(A) NOT LATER THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF 1,847
THIS SECTION, THE BOARD SHALL CREDIT INTEREST TO THE INDIVIDUAL 1,848
ACCOUNT OF EACH CONTRIBUTOR IN ACCORDANCE WITH THIS SECTION, 1,849
EXCEPT THAT INTEREST SHALL NOT BE CREDITED TO THE INDIVIDUAL 1,850
ACCOUNT OF A PERS OR OTHER SYSTEM RETIRANT, AS DEFINED IN SECTION 1,851
145.38 OF THE REVISED CODE, FOR CONTRIBUTIONS RECEIVED DURING THE 1,852
PERIOD DESCRIBED IN DIVISION (B)(4)(a) OR (b) OF SECTION 145.38 1,854
OF THE REVISED CODE. FOR AMOUNTS DEPOSITED BY A CONTRIBUTOR UNDER 1,855
DIVISION (C) OF SECTION 145.23 OF THE REVISED CODE, INTEREST 1,856
SHALL BE CREDITED IN ACCORDANCE WITH THAT SECTION. 1,857
FOR CONTRIBUTORS WITH SERVICE CREDIT EARNED PRIOR TO 1,859
DECEMBER 31, 1981, THE BOARD MAY REFLECT THE COMPOUNDING OF 1,860
INTEREST BY USING FACTORS PROVIDED BY THE BOARD'S ACTUARY. 1,861
(B) THE INTEREST CREDITED UNDER THIS SECTION SHALL BE 1,863
CALCULATED ON ALL AMOUNTS ON DEPOSIT IN AN INDIVIDUAL'S ACCOUNT 1,865
IN THE EMPLOYEES' SAVINGS FUND AS FOLLOWS: 1,866
(1) IF THIS SECTION TAKES EFFECT ON OR BEFORE DECEMBER 31, 1,869
2000, INTEREST SHALL BE CALCULATED ON AMOUNTS ON DEPOSIT ON 1,870
DECEMBER 31, 1998.
(2) IF THIS SECTION TAKES EFFECT AFTER DECEMBER 31, 2000, 1,872
INTEREST SHALL BE CALCULATED ON AMOUNTS ON DEPOSIT ON DECEMBER 1,873
31, 1999. 1,874
Sec. 145.473. (A) EXCEPT AS PROVIDED IN DIVISION (C) OF 1,876
THIS SECTION, THE RATE OF INTEREST CREDITED TO INDIVIDUAL 1,877
ACCOUNTS OF CONTRIBUTORS UNDER SECTIONS 145.471 AND 145.472 OF 1,878
THE REVISED CODE SHALL BE AS FOLLOWS: 1,879
(1) FOUR PER CENT PER ANNUM, COMPOUNDED ANNUALLY, TO AND 1,881
INCLUDING DECEMBER 31, 1955; 1,882
(2) THREE PER CENT PER ANNUM, COMPOUNDED ANNUALLY, FROM 1,885
JANUARY 1, 1956, TO AND INCLUDING DECEMBER 31, 1963; 1,886
(3) THREE AND ONE-QUARTER PER CENT PER ANNUM, COMPOUNDED 1,888
ANNUALLY, FROM JANUARY 1, 1964, TO AND INCLUDING DECEMBER 31, 1,890
46
1969;
(4) FOUR PER CENT PER ANNUM, COMPOUNDED ANNUALLY, FROM 1,893
JANUARY 1, 1970, TO AND INCLUDING THE DAY BEFORE THE EFFECTIVE
DATE OF THIS SECTION; 1,894
(5) AN AMOUNT DETERMINED BY THE PUBLIC EMPLOYEES 1,896
RETIREMENT BOARD THAT IS NOT GREATER THAN SIX PER CENT PER ANNUM, 1,897
COMPOUNDED ANNUALLY, ON AND AFTER THE EFFECTIVE DATE OF THIS 1,898
SECTION.
(B) EXCEPT AS PROVIDED IN DIVISION (C) OF THIS SECTION, 1,900
FOR THE PURPOSE OF DETERMINING THE RESERVE VALUE OF A 1,901
CONTRIBUTOR'S ANNUITY, THE RATE OF INTEREST SHALL BE AS FOLLOWS: 1,902
(1) FOUR PER CENT PER ANNUM, COMPOUNDED ANNUALLY, FOR 1,904
CONTRIBUTORS RETIRING BEFORE OCTOBER 1, 1956; 1,905
(2) THREE PER CENT PER ANNUM, COMPOUNDED ANNUALLY, FOR 1,907
CONTRIBUTORS RETIRING ON OR AFTER OCTOBER 1, 1956, BUT BEFORE 1,909
JANUARY 1, 1964;
(3) THREE AND ONE-QUARTER PER CENT PER ANNUM, COMPOUNDED 1,911
ANNUALLY, FOR CONTRIBUTORS RETIRING ON OR AFTER JANUARY 1, 1964, 1,912
BUT BEFORE JANUARY 1, 1970; 1,913
(4) FOUR PER CENT PER ANNUM, COMPOUNDED ANNUALLY, FOR 1,915
CONTRIBUTORS RETIRING ON OR AFTER JANUARY 1, 1970, BUT BEFORE THE 1,917
EFFECTIVE DATE OF THIS SECTION;
(5) AN AMOUNT DETERMINED BY THE BOARD BASED ON THE 1,919
RECOMMENDATION OF THE BOARD'S ACTUARY, COMPOUNDED ANNUALLY, FOR 1,920
CONTRIBUTORS RETIRING ON OR AFTER THE EFFECTIVE DATE OF THIS 1,921
SECTION.
(C) FOR A PERS RETIRANT WHO MAKES AN ELECTION UNDER 1,923
DIVISION (C)(1)(a) OF SECTION 145.38 OF THE REVISED CODE OR AN 1,925
OTHER SYSTEM RETIRANT, AS THOSE TERMS ARE DEFINED IN SECTION 1,926
145.38 OF THE REVISED CODE, THE RATE OF INTEREST SHALL BE THE 1,927
CURRENT ACTUARIAL ASSUMPTION RATE OF INTEREST, AS DETERMINED BY 1,928
THE BOARD'S ACTUARY, FOR THE PURPOSES DESCRIBED IN DIVISIONS (A) 1,929
AND (B) OF THIS SECTION.
Sec. 742.26. (A) As used in this section: 1,938
47
(1) "Actuarial present value" means the calculation under 1,940
which the probability of occurrence, based on a specified 1,941
mortality table, and the discount for future monetary growth at a 1,942
specified interest rate are considered by an actuary to determine 1,943
the value of an annuity. 1,944
(2) "Other system retirant" means a former member of the 1,946
public employees retirement system, state teachers retirement 1,947
system, school employees retirement system, state highway patrol 1,948
retirement system, or Cincinnati retirement system who is 1,949
receiving a disability benefit or an age and service or commuted 1,950
age and service retirement benefit or allowance from a system of 1,951
which the person is a former member. 1,952
(3) "OPFPF retirant" means any person who is receiving a 1,955
retirement allowance, other than a disability benefit, from the 1,956
Ohio police and fire pension fund. 1,957
(B) The mortality table and interest rate used in 1,959
determining actuarial present value shall be determined by the 1,960
board of trustees of the fund based on the recommendations of an 1,961
actuary employed by the board. 1,962
(C)(1) An OPFPF retirant or other system retirant may be 1,965
employed as a member of a police or fire department. If so 1,966
employed, the retirant shall make contributions to the fund in 1,968
accordance with section 742.31 of the Revised Code, and the 1,969
employer shall make contributions in accordance with sections 1,970
742.33 and 742.34 of the Revised Code. 1,971
(2) An employer that employs an OPFPF retirant or other 1,974
system retirant shall notify the board of trustees of the fund of 1,975
the employment not later than the end of the month in which the 1,976
employment commences. On receipt of notice from an employer that 1,977
a person who is an other system retirant has been employed, the 1,978
fund shall notify the retirement system of which the other system 1,979
retirant was a member of such employment. 1,980
(D) An OPFPF retirant or other system retirant who has 1,983
received a retirement allowance or benefit for less than two 1,984
48
months when employment subject to this section commences shall 1,985
forfeit the retirement allowance or benefit for the period that 1,987
begins on the date the employment commences and ends on the
EARLIER OF THE DATE THE EMPLOYMENT TERMINATES OR THE date that is 1,989
two months after the date on which the retirement allowance or 1,990
benefit commenced. Service and contributions for that period 1,991
shall not be included in the calculation of any benefits payable 1,992
under this section, and those contributions shall be refunded on 1,993
the retirant's death or termination of the employment. 1,994
(E) On receipt of notice from the public employees 1,996
retirement system, school employees retirement system, or state 1,997
teachers retirement system of the re-employment of an OPFPF 1,999
retirant, the Ohio police and fire pension fund shall not pay, or 2,001
if paid shall recover, the amount to be forfeited by the OPFPF 2,002
retirant in accordance with section 145.38, 3307.35, or 3309.341 2,004
of the Revised Code.
(F)(1)(a) On termination of employment under this section, 2,006
an OPFPF retirant or other system retirant shall elect one of the 2,008
following: 2,009
(i) A monthly annuity the actuarial present value of which 2,011
is equal to two times the sum of all amounts deducted from the 2,012
salary of the OPFPF retirant or other system retirant and 2,014
credited to the retirant's individual account in the fund, OTHER 2,015
THAN CONTRIBUTIONS EXCLUDED PURSUANT TO DIVISION (D) OF THIS 2,016
SECTION, together with interest credited thereon at the rate 2,019
determined by the board, provided the annuity equals or exceeds 2,020
twenty-five dollars per month. 2,021
(ii) A lump-sum payment equal to two times the sum of all 2,023
amounts deducted from the salary of the OPFPF retirant or other 2,025
system retirant and credited to the retirant's individual account 2,027
in the fund, OTHER THAN CONTRIBUTIONS EXCLUDED PURSUANT TO 2,028
DIVISION (D) OF THIS SECTION, together with interest credited 2,029
thereon at the rate determined by the board. 2,031
(b) Interest shall be credited to accounts only at the 2,033
49
time of calculation of a benefit payable under division (F)(1) of 2,034
this section. 2,035
(2) A benefit payable under this division shall commence 2,037
on the first day of the month immediately after the latest of the 2,038
following: 2,039
(a) The last day for which compensation for employment 2,041
subject to this section was paid; 2,042
(b) Attainment by the OPFPF retirant or other system 2,045
retirant of age sixty; 2,046
(c) If the OPFPF retirant or other system retirant was 2,049
previously employed under this section and is receiving or 2,050
previously received a benefit under this division, completion of 2,051
a period of twelve months since the last benefit paid under this 2,052
section commenced. 2,053
(3) No amount received under this division shall be 2,055
included in determining an additional benefit under section 2,056
742.3711, 742.3716, or 742.3717 of the Revised Code or any other 2,057
post-retirement benefit increase. 2,058
(G)(1) If an OPFPF retirant or other system retirant dies 2,061
while employed in employment subject to this section, a lump-sum 2,062
payment calculated in accordance with division (F)(1)(a)(ii) of 2,063
this section shall be paid to the retirant's surviving spouse, or 2,065
if there is no surviving spouse, to the retirant's estate. 2,066
(2) If at the time of death an OPFPF retirant or other 2,069
system retirant receiving a monthly annuity under division 2,070
(F)(1)(a)(i) of this section has received less than would have 2,071
been received as a lump-sum payment under division (F)(1)(a)(ii) 2,072
of this section, the difference between the amount received and 2,074
the amount that would have been received as a lump-sum payment 2,077
shall be paid to the retirant's surviving spouse, or if there is 2,078
no surviving spouse, to the retirant's estate.
(H) An other system retirant subject to this section is 2,080
not a member of the Ohio police and fire pension fund, does not 2,082
have any of the rights, privileges, or obligations of membership, 2,083
50
except as specified in this section, and is not eligible to 2,084
receive health, medical, hospital, or surgical benefits under 2,085
section 742.45 of the Revised Code for employment subject to this 2,086
section.
(I) If any payment is made by the Ohio police and fire 2,089
pension fund to an OPFPF retirant or other system retirant to 2,091
which the retirant is not entitled, the retirant shall repay it 2,093
to the fund. If the retirant fails to make the repayment, the 2,094
fund shall withhold the amount due from any allowances or other 2,095
amounts due the OPFPF retirant or other system retirant. 2,096
(J) An OPFPF retirant who is employed under this section 2,100
is not eligible to receive any benefits under section 742.37 of 2,101
the Revised Code for the employment under this section. 2,102
(K) This section does not affect the receipt of benefits 2,104
by or eligibility for benefits of any person who on August 20, 2,105
1976, was receiving a disability benefit or service retirement 2,106
pension or allowance from a state or municipal retirement system 2,107
in Ohio and was a member of any other state or municipal 2,108
retirement system of this state. 2,109
(L) The board of trustees of the fund may adopt rules to 2,111
carry out this section. 2,112
Sec. 3307.31. Payments by boards of education AND 2,121
GOVERNING AUTHORITIES OF COMMUNITY SCHOOLS to the state teachers 2,123
retirement system, as provided in sections 3307.29 and 3307.291 2,125
of the Revised Code, shall be made from the amount allocated 2,126
under SECTION 3314.08 OR Chapter 3317. of the Revised Code prior 2,128
to its distribution to the individual school districts OR 2,129
COMMUNITY SCHOOLS. The amount due from each school district OR 2,130
COMMUNITY SCHOOL shall be certified by the secretary of the 2,131
system to the superintendent of public instruction monthly, or at 2,132
such times as may be determined by the state teachers retirement 2,133
board.
The superintendent shall deduct, from the amount allocated 2,135
to each district OR COMMUNITY SCHOOL under SECTION 3314.08 OR 2,136
51
Chapter 3317. of the Revised Code, the entire amounts due to the 2,138
system from such district OR SCHOOL upon the certification to the 2,139
superintendent by the secretary thereof. 2,140
The superintendent shall certify to the director of budget 2,142
and management the amounts thus due the system for payment. 2,143
Sec. 3307.35. (A) As used in this section, "other system 2,152
retirant" means a member or former member of the public employees 2,153
retirement system, Ohio police and fire pension fund, school 2,154
employees retirement system, state highway patrol retirement 2,155
system, or Cincinnati retirement system who is receiving age and 2,156
service or commuted age and service retirement, or a disability 2,157
benefit from a system of which the retirant is a member or former 2,158
member.
(B) A superannuate may be employed for temporary service 2,160
as a teacher, provided: 2,161
(1) At least two months have elapsed since the effective 2,163
date of the superannuate's retirement under this chapter. 2,164
(2) Such employment does not exceed eighty-five school 2,166
days, or the equivalent thereof in fractional service, during any 2,167
school year. 2,168
(C) A superannuate may be employed as a full-time teacher, 2,170
provided: 2,171
(1) The superannuate has received an allowance or benefit 2,174
from the state teachers retirement system under this chapter for 2,176
at least eighteen months. 2,177
(2) The employer requests the board of the state teachers 2,180
retirement system to authorize such employment.
(D) An OR other system retirant may be employed as a 2,182
teacher, provided at least two months have elapsed since the 2,184
effective date of the retirant's retirement or receipt of a 2,185
disability benefit. 2,186
(E) If a (C) A superannuate or other system retirant is 2,189
employed in accordance with division (B), (C), or (D) of this 2,190
section, the superannuate or retirant shall contribute to the 2,191
52
state teachers retirement system in accordance with section 2,193
3307.26 of the Revised Code and the employer shall contribute in 2,195
accordance with sections 3307.28 and 3307.31 of the Revised Code. 2,197
Such contributions shall be received as specified in section 2,199
3307.14 of the Revised Code. A superannuate or other system 2,201
retirant employed as a teacher is not a member of the state 2,202
teachers retirement system, does not have any of the rights, 2,203
privileges, or obligations of membership, except as provided in 2,204
this section, and is not eligible to receive health, medical, 2,205
hospital, or surgical benefits under section 3307.39 of the 2,206
Revised Code for employment subject to this section. 2,207
(F)(D) The employer that employs a superannuate or other 2,209
system retirant shall notify the state teachers retirement board 2,210
of the employment not later than the end of the month in which 2,211
the employment commences. Any overpayment of benefits to a 2,212
superannuate by the retirement system resulting from an 2,213
employer's failure to give timely notice may be charged to the 2,214
employer and may be certified and deducted as provided in section 2,215
3307.31 of the Revised Code. 2,216
(G)(E) On receipt of notice from an employer that a person 2,218
who is an other system retirant has been employed, the state 2,219
teachers retirement system shall notify the state retirement 2,220
system of which the other system retirant was a member of such 2,221
employment. 2,222
(H)(F) A superannuate or other system retirant who has 2,224
received an allowance or benefit for less than the applicable 2,226
period under division (B), (C), or (D) of TWO MONTHS WHEN 2,227
EMPLOYMENT SUBJECT TO this section when employment as a teacher 2,228
commences shall forfeit the allowance or benefit for any month 2,230
the superannuate or retirant is employed prior to the expiration 2,231
of such THE period THAT BEGINS ON THE DATE THE EMPLOYMENT 2,232
COMMENCES AND ENDS ON THE EARLIER OF THE DATE THE EMPLOYMENT
TERMINATES OR THE DATE THAT IS TWO MONTHS AFTER THE DATE ON WHICH 2,233
THE ALLOWANCE OR BENEFIT COMMENCED. Contributions shall be made 2,235
53
to the retirement system from the first day of such employment, 2,236
but service and contributions for that period shall not be used 2,237
in the calculation of any benefit payable to the superannuate or 2,238
other system retirant, and those contributions shall be refunded 2,239
on the superannuate's or retirant's death or termination of the 2,241
employment. Contributions made on compensation earned after the 2,242
expiration of such period shall be used in calculation of the
benefit or payment due under this section. 2,243
(I)(G) On receipt of notice from the Ohio police and fire 2,246
pension fund, public employees retirement system, or school 2,248
employees retirement system of the re-employment of a
superannuate, the state teachers retirement system shall not pay, 2,249
or if paid shall recover, the amount to be forfeited by the 2,250
superannuate in accordance with section 145.38, 742.26, or 2,251
3309.341 of the Revised Code. 2,252
(J)(H)(1) On termination of employment under this section, 2,254
a superannuate or other system retirant may file an application 2,255
with the state teachers retirement system for a benefit under 2,256
this division, which. THE BENEFIT shall consist of a single life 2,258
annuity having a reserve equal to the amount of the 2,259
superannuate's or retirant's accumulated contributions, as 2,261
defined in section 3307.50 of the Revised Code, for the period of 2,262
employment, OTHER THAN THE CONTRIBUTIONS EXCLUDED PURSUANT TO 2,263
DIVISION (F) OF THIS SECTION, and an equal amount from the 2,265
employers' trust created by section 3307.14 of the Revised Code, 2,267
plus interest credited to the date of retirement at the then 2,268
current actuarial rate of interest. The superannuate or other 2,269
system retirant shall elect either to receive the benefit as a 2,270
monthly annuity for life or a lump-sum payment discounted to the 2,271
present value using the current actuarial assumption rate of 2,272
interest, except that if the monthly annuity would be less than 2,273
twenty-five dollars per month the superannuate or retirant shall 2,274
receive a lump-sum payment. 2,275
(2) A benefit payable under this division shall commence 2,277
54
on the latest of the following: 2,278
(a) The last day for which compensation for employment as 2,280
a teacher was paid; 2,281
(b) Attainment by the superannuate or other system 2,283
retirant of age sixty-five; 2,284
(c) If the superannuate or other system retirant was 2,286
previously employed under this section and previously received or 2,287
is receiving a benefit under this division, completion of a 2,288
period of twelve months since the effective date of the last 2,289
benefit under this division. 2,290
(3)(a) If a superannuate or other system retirant dies 2,292
while employed in employment subject to this section, a lump-sum 2,293
payment calculated in accordance with division (J)(H)(1) of this 2,295
section shall be paid to the beneficiary designated under 2,296
division (D) of section 3307.562 of the Revised Code. 2,297
(b) If at the time of death a superannuate or other system 2,300
retirant receiving a monthly annuity has received less than the 2,301
superannuate or retirant would have received as a lump-sum 2,302
payment, the difference between the amount received and the 2,303
amount that would have been received as a lump-sum payment shall 2,305
be paid to the superannuate's or retirant's beneficiary 2,306
designated under division (D) of section 3307.562 of the Revised 2,308
Code. 2,309
(4) No amount received under this section shall be 2,311
included in determining an additional benefit under section 2,312
3307.67 of the Revised Code or any other post-retirement benefit 2,314
increase. 2,315
(K)(I) If the disability benefit of an other system 2,317
retirant employed under this section is terminated, the retirant 2,318
shall become a member of the state teachers retirement system, 2,320
effective on the first day of the month next following the 2,321
termination, with all the rights, privileges, and obligations of 2,322
membership. If such person, after the termination of the 2,323
retirant's disability benefit, earns two years of service credit 2,325
55
under this retirement system or under the public employees 2,326
retirement system, Ohio police and fire pension fund, school 2,327
employees retirement system, or state highway patrol retirement 2,329
system, the retirant's prior contributions as an other system 2,331
retirant under this section shall be included in the retirant's 2,332
total service credit, as defined in section 3307.50 of the 2,333
Revised Code, as a state teachers retirement system member, and 2,335
the retirant shall forfeit all rights and benefits of this 2,337
section. Not more than one year of credit may be given for any 2,338
period of twelve months.
(L)(J) A superannuate shall not receive the portion of an 2,340
allowance or benefit that is attributable to contributions made 2,343
under section 3307.28 of the Revised Code for any period for 2,345
which the superannuate is compensated under a private contract, 2,347
or through an independent contractor, whereby the superannuate is 2,348
to perform personal or professional services for the employer by 2,350
which the superannuate was employed at the time of retirement. 2,352
(M)(K) This section does not affect the receipt of 2,354
benefits by or eligibility for benefits of any person who on 2,355
August 20, 1976, was receiving a disability benefit or service 2,356
retirement pension or allowance from a state or municipal 2,357
retirement system in Ohio and was a member of any other state or 2,358
municipal retirement system of this state. 2,359
(N)(L) The state teachers retirement board may make the 2,362
necessary rules to carry into effect this section and to prevent 2,364
the abuse of the rights and privileges thereunder. 2,365
Sec. 3307.351. (A) AS USED IN THIS SECTION: 2,367
(1) IN ADDITION TO THE MEANING IN SECTION 3307.01 OF THE 2,369
REVISED CODE, WHEN APPROPRIATE "COMPENSATION" HAS THE SAME 2,370
MEANING AS IN SECTION 3309.01 OF THE REVISED CODE. 2,371
(2) "EARNABLE SALARY" HAS THE SAME MEANING AS IN SECTION 2,373
145.01 OF THE REVISED CODE. 2,374
(3) "STRS POSITION" MEANS A POSITION FOR WHICH A MEMBER OF 2,376
THE STATE TEACHERS RETIREMENT SYSTEM IS MAKING CONTRIBUTIONS TO 2,377
56
THE SYSTEM. 2,378
(4) "OTHER STATE RETIREMENT SYSTEM" MEANS THE PUBLIC 2,380
EMPLOYEES RETIREMENT SYSTEM OR THE SCHOOL EMPLOYEES RETIREMENT 2,381
SYSTEM.
(5) "STATE RETIREMENT SYSTEM" MEANS THE PUBLIC EMPLOYEES 2,383
RETIREMENT SYSTEM, STATE TEACHERS RETIREMENT SYSTEM, OR THE 2,384
SCHOOL EMPLOYEES RETIREMENT SYSTEM. 2,385
(B)(1) A MEMBER OF THE STATE TEACHERS RETIREMENT SYSTEM 2,387
WHO HOLDS TWO OR MORE STRS POSITIONS MAY RETIRE UNDER SECTION 2,388
3307.58, 3307.57, OR 3307.60 OF THE REVISED CODE FROM THE 2,389
POSITION FOR WHICH THE ANNUAL COMPENSATION AT THE TIME OF 2,391
RETIREMENT IS HIGHEST AND CONTINUE TO CONTRIBUTE TO THE 2,393
RETIREMENT SYSTEM FOR THE OTHER STRS POSITION OR POSITIONS. 2,394
(2) A MEMBER OF THE STATE TEACHERS RETIREMENT SYSTEM WHO 2,396
ALSO HOLDS ONE OR MORE OTHER POSITIONS COVERED BY THE OTHER STATE 2,397
RETIREMENT SYSTEMS MAY RETIRE UNDER SECTION 3307.58, 3307.57, OR 2,398
3307.60 OF THE REVISED CODE FROM THE STRS POSITION AND CONTINUE 2,399
CONTRIBUTING TO THE OTHER STATE RETIREMENT SYSTEMS IF THE ANNUAL 2,400
COMPENSATION FOR THE STRS POSITION AT THE TIME OF RETIREMENT IS 2,401
GREATER THAN ANNUAL COMPENSATION OR EARNABLE SALARY FOR THE 2,403
POSITION, OR ANY OF THE POSITIONS, COVERED BY THE OTHER STATE 2,404
RETIREMENT SYSTEMS. 2,406
(3) A MEMBER OF THE STATE TEACHERS RETIREMENT SYSTEM WHO 2,408
HOLDS TWO OR MORE STRS POSITIONS AND AT LEAST ONE OTHER POSITION 2,409
COVERED BY ONE OF THE OTHER STATE RETIREMENT SYSTEMS MAY RETIRE 2,410
UNDER SECTION 3307.58, 3307.57, OR 3307.60 OF THE REVISED CODE 2,411
FROM ONE OF THE STRS POSITIONS AND CONTINUE CONTRIBUTING TO THE 2,413
STATE TEACHERS RETIREMENT SYSTEM AND THE OTHER STATE RETIREMENT 2,414
SYSTEM IF THE ANNUAL COMPENSATION FOR THE STRS POSITION FROM 2,416
WHICH THE MEMBER IS RETIRING IS, AT THE TIME OF RETIREMENT, 2,417
GREATER THAN THE ANNUAL COMPENSATION OR EARNABLE SALARY FOR ANY 2,418
OF THE POSITIONS FOR WHICH THE MEMBER IS CONTINUING TO MAKE 2,420
CONTRIBUTIONS.
(4) A MEMBER OF THE STATE TEACHERS RETIREMENT SYSTEM WHO 2,422
57
HAS RETIRED AS PROVIDED IN DIVISION (B)(2) OR (3) OF SECTION 2,423
145.383 OR DIVISION (B)(2) OR (3) OF SECTION 3309.343 OF THE 2,424
REVISED CODE MAY CONTINUE TO CONTRIBUTE TO THE STATE TEACHERS 2,426
RETIREMENT SYSTEM FOR AN STRS POSITION IF THE MEMBER HELD THE 2,427
POSITION AT THE TIME OF RETIREMENT FROM THE OTHER STATE 2,428
RETIREMENT SYSTEM.
(5) A MEMBER WHO CONTRIBUTES TO THE STATE TEACHERS 2,430
RETIREMENT SYSTEM IN ACCORDANCE WITH DIVISION (B)(1), (3), OR (4) 2,431
OF THIS SECTION SHALL CONTRIBUTE IN ACCORDANCE WITH SECTION 2,432
3307.26 OF THE REVISED CODE. THE MEMBER'S EMPLOYER SHALL 2,433
CONTRIBUTE AS PROVIDED IN SECTION 3307.28 OF THE REVISED CODE. 2,434
NEITHER THE MEMBER NOR THE MEMBER'S SURVIVORS ARE ELIGIBLE FOR 2,435
ANY BENEFITS BASED ON THOSE CONTRIBUTIONS OTHER THAN THOSE 2,436
PROVIDED UNDER THIS SECTION OR SECTION 145.383 OR 3309.343 OF THE 2,437
REVISED CODE. 2,438
(C)(1) IN DETERMINING RETIREMENT ELIGIBILITY AND THE 2,440
ANNUAL RETIREMENT ALLOWANCE OF A MEMBER WHO RETIRES AS PROVIDED 2,441
IN DIVISION (B)(1), (2), OR (3) OF THIS SECTION, THE FOLLOWING 2,442
SHALL BE USED TO THE DATE OF RETIREMENT: 2,443
(a) THE MEMBER'S EARNABLE SALARY AND COMPENSATION FOR ALL 2,445
POSITIONS COVERED BY A STATE RETIREMENT SYSTEM; 2,446
(b) TOTAL SERVICE CREDIT IN ANY STATE RETIREMENT SYSTEM, 2,448
EXCEPT THAT THE CREDIT SHALL NOT EXCEED ONE YEAR OF CREDIT FOR 2,449
ANY PERIOD OF TWELVE MONTHS; 2,450
(c) ALL CONTRIBUTIONS, INCLUDING AMOUNTS PAID TO PURCHASE 2,452
SERVICE CREDIT AND AMOUNTS PAID TO RESTORE SERVICE CREDIT UNDER 2,453
SECTIONS 145.311, 3307.711, AND 3309.261 OF THE REVISED CODE. 2,455
(2) A MEMBER WHO RETIRES AS PROVIDED IN DIVISION (B)(1), 2,457
(2), OR (3) OF THIS SECTION IS A RETIRANT FOR ALL PURPOSES OF 2,458
THIS CHAPTER, EXCEPT THAT THE MEMBER IS NOT SUBJECT TO SECTION 2,459
3307.35 OF THE REVISED CODE FOR A POSITION OR POSITIONS FOR WHICH 2,460
CONTRIBUTIONS CONTINUE UNDER THOSE DIVISIONS OR DIVISION (B)(4) 2,461
OF THIS SECTION. 2,462
(D) ON RETIREMENT FROM A POSITION FOR WHICH CONTRIBUTIONS 2,464
58
WERE MADE UNDER DIVISION (B)(1), (3), OR (4) OF THIS SECTION, THE 2,465
RETIRED MEMBER IS ELIGIBLE FOR A BENEFIT CONSISTING OF A SINGLE 2,466
LIFE ANNUITY HAVING A RESERVE EQUAL TO THE AMOUNT OF THE RETIRED 2,467
MEMBER'S ACCUMULATED CONTRIBUTIONS UNDER DIVISION (B)(1), (3), OR 2,468
(4) OF THIS SECTION PLUS AN EQUAL AMOUNT OF THE EMPLOYER'S 2,469
CONTRIBUTIONS PLUS INTEREST CREDITED TO THE DATE OF RETIREMENT AT 2,470
THE CURRENT ACTUARIAL RATE OF INTEREST. THE RETIRED MEMBER SHALL 2,472
ELECT EITHER TO RECEIVE THE BENEFIT AS A MONTHLY ANNUITY FOR LIFE 2,473
OR A LUMP-SUM PAYMENT DISCOUNTED TO THE PRESENT VALUE USING THE 2,475
CURRENT ACTUARIAL ASSUMPTION RATE OF INTEREST, EXCEPT THAT IF THE 2,476
ANNUITY WOULD BE LESS THAN TWENTY-FIVE DOLLARS PER MONTH, THE 2,477
RETIRED MEMBER SHALL RECEIVE A LUMP-SUM PAYMENT. 2,478
A BENEFIT PAYABLE UNDER THIS DIVISION COMMENCES ON THE 2,480
LATER OF THE FIRST DAY OF THE FIRST MONTH FOLLOWING THE LAST DAY 2,482
FOR WHICH THE RETIRED MEMBER CONTRIBUTED UNDER DIVISION (B)(1), 2,483
(3), OR (4) OF THIS SECTION OR ATTAINMENT BY THE RETIRED MEMBER 2,484
OF AGE SIXTY-FIVE.
A RETIRED MEMBER RECEIVING A BENEFIT UNDER THIS DIVISION IS 2,486
NOT A MEMBER OF THE STATE TEACHERS RETIREMENT SYSTEM AND DOES NOT 2,487
HAVE ANY RIGHTS, PRIVILEGES, OR OBLIGATIONS OF MEMBERSHIP. NO 2,488
AMOUNTS RECEIVED UNDER THIS DIVISION SHALL BE INCLUDED IN 2,489
DETERMINING AN INCREASE UNDER SECTION 3307.67 OF THE REVISED CODE 2,490
OR ANY OTHER POST-RETIREMENT BENEFIT INCREASE. THE RETIRED 2,491
MEMBER IS A SUPERANNUATE FOR PURPOSES OF SECTION 3307.35 OF THE 2,492
REVISED CODE.
(E) IF A MEMBER CONTRIBUTING TOWARD A BENEFIT UNDER 2,494
DIVISION (D) OF THIS SECTION DIES BEFORE RECEIVING THE BENEFIT, A 2,496
LUMP SUM CALCULATED IN ACCORDANCE WITH THAT DIVISION SHALL BE 2,497
PAID TO THE BENEFICIARY DESIGNATED UNDER DIVISION (F) OF THIS 2,499
SECTION.
IF A RETIRED MEMBER RECEIVING A MONTHLY ANNUITY UNDER 2,501
DIVISION (D) OF THIS SECTION DIES BEFORE RECEIVING AN AMOUNT 2,502
EQUAL TO THE LUMP-SUM PAYMENT THAT WOULD BE PAID UNDER THAT 2,503
DIVISION, THE DIFFERENCE BETWEEN THE AMOUNT RECEIVED AND THE 2,504
59
AMOUNT THAT WOULD HAVE BEEN PAID AS A LUMP-SUM PAYMENT SHALL BE 2,505
PAID TO THE BENEFICIARY DESIGNATED UNDER DIVISION (F) OF THIS 2,506
SECTION.
(F) A RETIRED MEMBER MAY DESIGNATE ONE OR MORE PERSONS AS 2,508
BENEFICIARY TO RECEIVE ANY BENEFITS PAYABLE UNDER DIVISION (E) OF 2,509
THIS SECTION DUE TO DEATH. THE DESIGNATION SHALL BE IN WRITING 2,510
DULY EXECUTED ON A FORM PROVIDED BY THE STATE TEACHERS RETIREMENT 2,511
SYSTEM, SIGNED BY THE RETIRED MEMBER AND FILED WITH THE BOARD 2,512
PRIOR TO DEATH. THE LAST DESIGNATION OF THE BENEFICIARY REVOKES 2,513
ALL PREVIOUS DESIGNATIONS. THE RETIRED MEMBER'S MARRIAGE, 2,514
DIVORCE, MARRIAGE TERMINATION, LEGAL SEPARATION, OR BIRTH OR 2,515
ADOPTION OF A CHILD REVOKES ALL PREVIOUS DESIGNATIONS. IF THERE 2,516
IS NO DESIGNATED BENEFICIARY, THE BENEFICIARY IS THE BENEFICIARY 2,517
DETERMINED UNDER DIVISION (D) OF SECTION 3307.562 OF THE REVISED 2,519
CODE. IF ANY BENEFIT PAYABLE UNDER THIS SECTION DUE TO THE DEATH 2,521
OF A RETIRED MEMBER IS NOT CLAIMED BY A BENEFICIARY WITHIN FIVE 2,522
YEARS AFTER DEATH, THE AMOUNT PAYABLE SHALL BE TRANSFERRED TO THE 2,523
GUARANTEE FUND AND THEREAFTER PAID TO THE BENEFICIARY OR THE 2,524
ESTATE OF THE RETIRED MEMBER ON APPLICATION TO THE SYSTEM. 2,525
(G) THE STATE TEACHERS RETIREMENT BOARD MAY ADOPT RULES TO 2,527
CARRY OUT THIS SECTION. 2,528
Sec. 3307.53. The state teachers retirement board shall 2,538
credit a year of service to any teacher participating in the plan 2,539
described in sections 3307.50 to 3307.79 of the Revised Code who 2,540
is employed on a full-time basis in a school district for the 2,541
number of months the regular day schools of such district are in 2,542
session in said district within any year. The board shall adopt 2,543
appropriate rules and regulations for the determination of credit 2,544
for less than a complete year of service, and shall be the final 2,545
authority in determining the number of years of service credit. 2,546
The board shall credit not more than one year for all service 2,547
rendered in any year. 2,548
If concurrent contributions are made to two or more 2,550
retirement systems, EXCEPT IN THE CASE OF RETIREMENT AS PROVIDED 2,551
60
IN SECTION 3307.351 OF THE REVISED CODE, service credit shall be 2,552
on the basis of the ratio that contributions to this system bear 2,553
to the total contributions in all such systems. 2,554
The board shall adopt rules for the purpose of determining 2,556
the number of years or partial years of service credit to be 2,557
granted to a member under section 3307.88 of the Revised Code. 2,558
The amount of service credit shall be based on the member's 2,560
length of participation in and contribution to a plan established 2,561
under section 3307.81 of the Revised Code. The board shall be 2,562
the final authority in determining the amount of service credit. 2,563
Sec. 3307.57. To coordinate and integrate membership in 2,573
the state retirement systems, the following provisions apply: 2,574
(A) As used in this section: 2,576
(1) "Retirement systems" means the public employees 2,578
retirement system, state teachers retirement system, and school 2,580
employees retirement system.
(2) In addition to the meaning given in section 3307.50 of 2,583
the Revised Code, "disability benefit" means "disability benefit" 2,585
as defined in sections 145.01 and 3309.01 of the Revised Code. 2,586
(B) At the option of a member participating in the plan 2,588
described in sections 3307.50 to 3307.79 of the Revised Code, 2,589
total contributions and service credit in all retirement systems, 2,591
including amounts paid to restore service credit under sections 2,592
145.311, 3307.282 3307.711, and 3309.261 of the Revised Code, 2,594
shall be used in determining the eligibility for benefits. If 2,595
total contributions and service credit are combined, the 2,596
following provisions apply:
(1) Service retirement or a disability benefit is 2,598
effective on the first day of the month next following the later 2,599
of: 2,600
(a) The last day for which compensation was paid; 2,602
(b) The attainment of minimum age or service credit for 2,604
benefits provided under this section. 2,605
(2) "Total service credit" includes the total credit in 2,607
61
all retirement systems except that such credit shall not exceed 2,608
one year for any period of twelve months. 2,609
(3) In determining eligibility for a disability benefit, 2,611
the medical examiner's report to the board of any retirement 2,612
system, showing that the member's disability incapacitates the 2,613
member for the performance of duty, may be accepted as sufficient 2,615
for granting a disability benefit. 2,616
(4) The retirement system in which the member had the 2,618
greatest service credit, without adjustment, shall determine and 2,619
pay the total benefit. If the member's credit is equal in two or 2,621
more retirement systems, the system having the member's largest 2,622
total contributions shall determine and pay the total benefit. 2,623
(5) In determining the total credit to be used in 2,625
calculating a benefit, credit shall not be reduced below that 2,626
certified by the system or systems transferring credit, except 2,627
that such total combined service credit shall not exceed one year 2,628
of credit for any one "year" as defined in the statute governing 2,629
the system making the calculation. 2,630
(6) The retirement system determining and paying the 2,632
benefit shall receive from the other system or systems the 2,633
member's refundable account at retirement or the effective date 2,634
of a disability benefit plus an equal amount from the employers' 2,635
trust fund EQUAL TO THE MEMBER'S REFUNDABLE ACCOUNT LESS INTEREST 2,636
CREDITED UNDER SECTION 145.471, 145.472, OR 3307.563 OF THE 2,637
REVISED CODE.
(a) The annuity rates and mortality tables of the 2,639
retirement system making the calculation and paying the benefit 2,640
shall be applicable. 2,641
(b) Deposits made for the purchase of additional income, 2,643
with guaranteed interest, upon the member's request, shall be 2,644
transferred to the retirement system paying the regular benefit. 2,645
The return upon such deposits shall be that offered by the 2,646
retirement system making the calculation and paying the regular 2,647
benefit. 2,648
62
(C) A person receiving a benefit under this section, who 2,650
accepts employment amenable to coverage in any retirement system 2,651
that participated in the person's combined benefit, shall be 2,652
subject to the applicable provisions of law governing such 2,654
re-employment. If the person is subject to section 3307.35 of 2,656
the Revised Code and exceeds the limits on re-employment 2,657
established by that section, the retirement system paying a 2,658
combined benefit shall terminate the entire pension portion of 2,659
the benefit for the period of re-employment that exceeds the 2,660
limit in that section.
If a retirant should be paid any amount to which the 2,662
retirant is not entitled under the applicable provisions of law 2,664
governing such re-employment, such amount shall be recouped by 2,665
the retirement system paying such benefit by utilizing any 2,666
recovery procedure available under the law of the retirement 2,667
system covering such re-employment. 2,668
Sec. 3307.771. As used in this section, "regular 2,677
employment" means a consistent pattern of employment for twelve 2,679
or more consecutive weeks by the same employer during the year. 2,680
A member of the state teachers retirement system 2,682
participating in the plan described in sections 3307.50 to 2,683
3307.79 of the Revised Code who prior to July 1, 1982, was 2,684
granted a leave of absence for pregnancy or resigned due to 2,685
pregnancy OR ADOPTION OF A CHILD may purchase service credit for 2,686
a period for which she THE MEMBER did not make contributions 2,687
under section 3307.26 of the Revised Code. Service credit 2,689
purchased under this section shall not exceed the lesser of two 2,690
years or the period from the day the leave commenced or the 2,691
effective date of resignation to the date of the member's return 2,692
to regular employment as a contributor to the retirement system. 2,693
A member may purchase credit for more than one period of absence 2,694
due to pregnancy OR ADOPTION, but the total service credit
purchased under this section, former section 3307.513, and former 2,696
section 3307.514 of the Revised Code shall not exceed two years. 2,698
63
The member shall submit evidence satisfactory to the retirement
board documenting that the leave or resignation was due to 2,699
pregnancy OR ADOPTION OF A CHILD. 2,700
For each year of service credit purchased under this 2,702
section, the member shall pay to the system for credit to her THE 2,703
MEMBER'S accumulated account an amount determined by multiplying 2,705
the employee rate of contribution in effect at the time the leave 2,706
or absence commenced by her THE MEMBER'S annual compensation for 2,707
full-time employment during the first year of service in Ohio 2,708
following termination of the absence or leave and adding to that 2,709
amount interest compounded annually, at a rate established by the 2,710
board, from the date the absence or leave terminated to the date 2,711
of payment.
A member may purchase all or part of the credit for which 2,713
she THE MEMBER is eligible in one or more payments. A member who 2,715
purchases service credit for an absence or leave under this 2,716
section may not purchase credit for that absence or leave under 2,717
section 3307.77 of the Revised Code. A member who has purchased 2,718
service credit for an absence or leave under former section 2,719
3307.513 or 3307.514 or section 3307.77 of the Revised Code may 2,720
not purchase credit under this section for the same period of 2,721
absence or leave.
The state teachers retirement board may adopt rules to 2,723
implement this section. 2,724
Sec. 3309.30. For service subsequent to June 30, 1955, the 2,733
retirement board shall credit a year of service credit to any 2,734
member employed on a full-time basis for nine or more months of 2,735
service within a year. For contributing and prior service before 2,736
July 1, 1955 only eight or more months of service on a full-time 2,737
basis within a year will be necessary for a year of service
credit. Effective July 1, 1977, full-time service is defined as 2,738
one hundred twenty or more days of school service during the 2,739
school year. If less than one hundred twenty days, such service 2,740
shall be prorated on the basis of one hundred eighty days. The 2,741
64
board shall adopt rules as necessary to carry out the intent of
this section. The board shall credit not more than one year for 2,742
all service rendered in any year. 2,743
Where a member is also a member of the state teachers 2,745
retirement system, the public employees retirement system, or 2,746
both, then at retirement, other than retirement on a combined 2,747
bases as provided in section 3309.35 of the Revised Code OR AS 2,748
PROVIDED IN SECTION 3309.343 OF THE REVISED CODE, adjustment
shall be made so that service credit for any period shall be 2,749
credited on the basis of the ratio that contributions to the 2,750
school employees retirement system bears to the total 2,751
contributions in all the retirement systems during that period. 2,752
Sec. 3309.341. (A) As used in this section: 2,761
(1) "SERS retirant" means any person who is receiving a 2,763
retirement allowance from the school employees retirement system 2,764
under section 3309.36, 3309.38, or 3309.381 of the Revised Code. 2,765
(2) "Other system retirant" means a member or former 2,767
member of the public employees retirement system, Ohio police and 2,769
fire pension fund, state teachers retirement system, state 2,770
highway patrol retirement system, or Cincinnati retirement system 2,771
who is receiving age and service or commuted age and service 2,772
retirement, or a disability benefit from a system of which the 2,773
retirant is a member or former member.
(B)(1) An SERS retirant or other system retirant may be 2,775
employed by a public employer. If so employed, the SERS retirant 2,776
or other system retirant shall contribute to the school employees 2,777
retirement system in accordance with section 3309.47 of the 2,778
Revised Code, and the employer shall make contributions in 2,779
accordance with section 3309.49 of the Revised Code. 2,780
(2) An employer that employs an SERS retirant or other 2,782
system retirant shall notify the retirement board of the 2,783
employment not later than the end of the month in which the 2,784
employment commences. On receipt of notice from an employer that 2,785
a person who is an other system retirant has been employed, the 2,786
65
school employees retirement system shall notify the state 2,787
retirement system of which the other system retirant was a member 2,788
of such employment. 2,789
(C) An SERS retirant or other system retirant who has 2,791
received a retirement allowance or disability benefit for less 2,793
than two months when employment subject to this section commences 2,794
shall forfeit the retirement allowance or disability benefit for 2,796
the period that begins on the date the employment commences and 2,797
ends on the EARLIER OF THE date THE EMPLOYMENT TERMINATES OR THE 2,798
DATE that is two months after the date on which the retirement 2,800
allowance or disability benefit commenced. Service and 2,801
contributions for that period shall not be included in the
calculation of any benefits payable to the SERS retirant or other 2,802
system retirant, and those contributions shall be refunded on 2,803
death or termination of the employment. 2,804
(D) On receipt of notice from the Ohio police and fire 2,807
pension fund, public employees retirement system, or state 2,809
teachers retirement system of the re-employment of an SERS 2,810
retirant, the school employees retirement system shall not pay,
or if paid shall recover, the amount to be forfeited by the SERS 2,811
retirant in accordance with section 145.38, 742.26, or 3307.35 of 2,813
the Revised Code.
(E)(1) On termination of employment under this section, an 2,815
SERS retirant or other system retirant may file an application 2,816
with the school employees retirement system for a benefit under 2,817
this division, which. THE BENEFIT shall consist of a single life 2,819
annuity having a reserve equal to the amount of the retirant's 2,820
accumulated contributions for the period of employment, OTHER 2,822
THAN THE CONTRIBUTIONS EXCLUDED PURSUANT TO DIVISION (C) OF THIS 2,823
SECTION, and an equal amount of the employer's contributions, 2,825
plus interest credited to the date of retirement at the rate 2,826
provided in division (I)(2) of section 3309.01 of the Revised 2,827
Code. The SERS retirant or other system retirant shall elect 2,828
either to receive the benefit as a monthly annuity for life or a 2,829
66
lump-sum payment discounted to the present value using the 2,830
current actuarial assumption rate of interest, except that if the 2,831
monthly annuity would be less than twenty-five dollars per month, 2,833
the retirant shall receive a lump-sum payment.
(2) A benefit payable under this division shall commence 2,835
on the first day of the month after the latest of the following: 2,836
(a) The last day for which compensation for employment 2,838
subject to this section was paid; 2,839
(b) Attainment by the SERS retirant or other system 2,841
retirant of age sixty-five; 2,842
(c) If the SERS retirant or other system retirant was 2,844
previously employed under this section and is receiving or 2,845
previously received a benefit under this division, completion of 2,846
a period of twelve months since the effective date of that 2,847
benefit. 2,848
(3) An SERS retirant or other system retirant subject to 2,850
this section is not a member of the school employees retirement 2,851
system; does not have any of the rights, privileges, or 2,852
obligations of membership, except as specified in this section; 2,853
and is not eligible to receive health, medical, hospital, or 2,854
surgical benefits under section 3309.69 of the Revised Code for 2,855
employment subject to this section. No amount received under 2,856
this division shall be included in determining an additional 2,857
benefit under section 3309.374 of the Revised Code or any other 2,858
post-retirement benefits. 2,859
(F)(1) If an SERS retirant or other system retirant dies 2,861
while employed in employment subject to this section, a lump-sum 2,862
payment calculated in accordance with division (E)(1) of this 2,863
section shall be paid to the beneficiary under division (H) of 2,864
this section. 2,865
(2) If at the time of death an SERS retirant or other 2,867
system retirant receiving a monthly annuity has received less 2,868
than the retirant would have received as a lump-sum payment, the 2,871
difference between the amount received and the amount that would 2,873
67
have been received as a lump-sum payment shall be paid to the 2,874
retirant's beneficiary under division (H) of this section. 2,876
(G) If the disability benefit of an other system retirant 2,878
employed under this section is terminated, the retirant shall 2,879
become a member of the school employees retirement system, 2,881
effective on the first day of the month next following the 2,882
termination, with all the rights, privileges, and obligations of 2,883
membership. If the retirant, after the termination of the 2,885
disability benefit, earns two years of service credit under this 2,887
retirement system or under the public employees retirement 2,888
system, Ohio police and fire pension fund, state teachers 2,889
retirement system, or state highway patrol retirement system, the 2,891
retirant's prior contributions as an other system retirant under 2,893
this section shall be included in the retirant's total service 2,894
credit as a school employees retirement system member, and the 2,896
retirant shall forfeit all rights and benefits of this section. 2,898
Not more than one year of credit may be given for any period of 2,899
twelve months.
(H) An SERS retirant or other system retirant employed 2,901
under this section may designate one or more persons as 2,902
beneficiary to receive any benefits payable under this section 2,903
due to death. The designation shall be in writing duly executed 2,905
on a form provided by the school employees retirement board, 2,906
signed by the SERS retirant or other system retirant, and filed 2,907
with the board prior to death. The last designation of a 2,908
beneficiary revokes all previous designations. The SERS
retirant's or other system retirant's marriage, divorce, marriage 2,909
dissolution, legal separation, withdrawal of account, birth of 2,910
the retirant's child, or adoption of a child revokes all previous 2,912
designations. If there is no designated beneficiary, the 2,913
beneficiary is the beneficiary designated under division (D) of 2,914
section 3309.44 of the Revised Code. If any benefit payable 2,915
under this section due to the death of an SERS retirant or other 2,916
system retirant is not claimed by a beneficiary within five years 2,917
68
after the death, the amount payable shall be transferred to the 2,918
guarantee fund and thereafter paid to the beneficiary or the 2,919
estate of the SERS retirant or other system retirant on 2,920
application to the board. 2,921
(I) This section does not affect the receipt of benefits 2,923
by or eligibility for benefits of any person who on August 29, 2,924
1976, was receiving a disability benefit or service retirement 2,925
pension or allowance from a state or municipal retirement system 2,926
in Ohio and was a member of any other state or municipal 2,927
retirement system of this state. 2,928
(J) The school employees retirement board may adopt rules 2,930
to carry out this section. 2,931
Sec. 3309.343. (A) AS USED IN THIS SECTION: 2,933
(1) IN ADDITION TO THE MEANING IN SECTION 3309.01 OF THE 2,935
REVISED CODE, WHEN APPROPRIATE "COMPENSATION" HAS THE SAME 2,936
MEANING AS IN SECTION 3307.01 OF THE REVISED CODE. 2,937
(2) "EARNABLE SALARY" HAS THE SAME MEANING AS IN SECTION 2,939
145.01 OF THE REVISED CODE. 2,940
(3) "SERS POSITION" MEANS A POSITION FOR WHICH A MEMBER OF 2,942
THE SCHOOL EMPLOYEES RETIREMENT SYSTEM IS MAKING CONTRIBUTIONS TO 2,943
THE SYSTEM. 2,944
(4) "OTHER STATE RETIREMENT SYSTEM" MEANS THE PUBLIC 2,946
EMPLOYEES RETIREMENT SYSTEM OR THE STATE TEACHERS RETIREMENT 2,947
SYSTEM.
(5) "STATE RETIREMENT SYSTEM" MEANS THE PUBLIC EMPLOYEES 2,949
RETIREMENT SYSTEM, STATE TEACHERS RETIREMENT SYSTEM, OR THE 2,950
SCHOOL EMPLOYEES RETIREMENT SYSTEM. 2,951
(B)(1) A MEMBER OF THE SCHOOL EMPLOYEES RETIREMENT SYSTEM 2,953
WHO HOLDS TWO OR MORE SERS POSITIONS MAY RETIRE UNDER SECTION 2,954
3309.35, 3309.36, 3309.38, OR 3309.46 OF THE REVISED CODE FROM 2,955
THE POSITION FOR WHICH THE ANNUAL COMPENSATION AT THE TIME OF 2,957
RETIREMENT IS HIGHEST AND CONTINUE TO CONTRIBUTE TO THE 2,959
RETIREMENT SYSTEM FOR THE OTHER SERS POSITION OR POSITIONS. 2,960
(2) A MEMBER OF THE SCHOOL EMPLOYEES RETIREMENT SYSTEM WHO 2,962
69
ALSO HOLDS ONE OR MORE OTHER POSITIONS COVERED BY THE OTHER STATE 2,963
RETIREMENT SYSTEMS MAY RETIRE UNDER SECTION 3309.35, 3309.36, 2,964
3309.38, OR 3309.46 OF THE REVISED CODE FROM THE SERS POSITION 2,965
AND CONTINUE CONTRIBUTING TO THE OTHER STATE RETIREMENT SYSTEMS 2,967
IF THE ANNUAL COMPENSATION FOR THE SERS POSITION AT THE TIME OF 2,968
RETIREMENT IS GREATER THAN ANNUAL COMPENSATION OR EARNABLE SALARY 2,970
FOR THE POSITION, OR ANY OF THE POSITIONS, COVERED BY THE OTHER 2,971
STATE RETIREMENT SYSTEMS. 2,972
(3) A MEMBER OF THE SCHOOL EMPLOYEES RETIREMENT SYSTEM WHO 2,974
HOLDS TWO OR MORE SERS POSITIONS AND AT LEAST ONE OTHER POSITION 2,975
COVERED BY ONE OF THE OTHER STATE RETIREMENT SYSTEMS MAY RETIRE 2,976
UNDER SECTION 3309.35, 3309.36, 3309.38, OR 3309.46 OF THE 2,977
REVISED CODE FROM ONE OF THE SERS POSITIONS AND CONTINUE 2,978
CONTRIBUTING TO THE SCHOOL EMPLOYEES RETIREMENT SYSTEM AND THE 2,979
OTHER STATE RETIREMENT SYSTEM IF THE ANNUAL COMPENSATION FOR THE 2,981
SERS POSITION FROM WHICH THE MEMBER IS RETIRING IS, AT THE TIME 2,982
OF RETIREMENT, GREATER THAN THE ANNUAL COMPENSATION OR EARNABLE 2,983
SALARY FOR ANY OF THE POSITIONS FOR WHICH THE MEMBER IS 2,984
CONTINUING TO MAKE CONTRIBUTIONS. 2,985
(4) A MEMBER OF THE SCHOOL EMPLOYEES RETIREMENT SYSTEM WHO 2,987
HAS RETIRED AS PROVIDED IN DIVISION (B)(2) OR (3) OF SECTION 2,988
145.383 OR DIVISION (B)(2) OR (3) OF SECTION 3307.351 OF THE 2,989
REVISED CODE MAY CONTINUE TO CONTRIBUTE TO THE SCHOOL EMPLOYEES 2,991
RETIREMENT SYSTEM FOR AN SERS POSITION IF THE MEMBER HELD THE 2,992
POSITION AT THE TIME OF RETIREMENT FROM THE OTHER STATE 2,993
RETIREMENT SYSTEM.
(5) A MEMBER WHO CONTRIBUTES TO THE SCHOOL EMPLOYEES 2,995
RETIREMENT SYSTEM IN ACCORDANCE WITH DIVISION (B)(1), (3), OR (4) 2,996
OF THIS SECTION SHALL CONTRIBUTE IN ACCORDANCE WITH SECTION 2,997
3309.47 OF THE REVISED CODE. THE MEMBER'S EMPLOYER SHALL 2,998
CONTRIBUTE AS PROVIDED IN SECTION 3309.49 OF THE REVISED CODE. 2,999
NEITHER THE MEMBER NOR THE MEMBER'S SURVIVORS ARE ELIGIBLE FOR 3,000
ANY BENEFITS BASED ON THOSE CONTRIBUTIONS OTHER THAN THOSE 3,001
PROVIDED UNDER THIS SECTION OR SECTION 145.383 OR 3307.351 OF THE 3,002
70
REVISED CODE. 3,003
(C)(1) IN DETERMINING RETIREMENT ELIGIBILITY AND THE 3,005
ANNUAL RETIREMENT ALLOWANCE OF A MEMBER WHO RETIRES AS PROVIDED 3,006
IN DIVISION (B)(1), (2), OR (3) OF THIS SECTION, THE FOLLOWING 3,007
SHALL BE USED TO THE DATE OF RETIREMENT: 3,008
(a) THE MEMBER'S EARNABLE SALARY AND COMPENSATION FOR ALL 3,010
POSITIONS COVERED BY A STATE RETIREMENT SYSTEM; 3,011
(b) TOTAL SERVICE CREDIT IN ANY STATE RETIREMENT SYSTEM, 3,013
EXCEPT THAT THE CREDIT SHALL NOT EXCEED ONE YEAR OF CREDIT FOR 3,014
ANY PERIOD OF TWELVE MONTHS; 3,015
(c) ALL CONTRIBUTIONS, INCLUDING AMOUNTS PAID TO PURCHASE 3,017
SERVICE CREDIT AND AMOUNTS PAID TO RESTORE SERVICE CREDIT UNDER 3,018
SECTIONS 145.311, 3307.711, AND 3309.261 OF THE REVISED CODE. 3,020
(2) A MEMBER WHO RETIRES AS PROVIDED IN DIVISION (B)(1), 3,022
(2), OR (3) OF THIS SECTION IS A RETIRANT FOR ALL PURPOSES OF 3,023
THIS CHAPTER, EXCEPT THAT THE MEMBER IS NOT SUBJECT TO SECTION 3,024
3309.341 OF THE REVISED CODE FOR A POSITION OR POSITIONS FOR 3,025
WHICH CONTRIBUTIONS CONTINUE UNDER THOSE DIVISIONS OR DIVISION 3,026
(B)(4) OF THIS SECTION. 3,027
(D) ON RETIREMENT FROM A POSITION FOR WHICH CONTRIBUTIONS 3,029
WERE MADE UNDER DIVISION (B)(1), (3), OR (4) OF THIS SECTION, THE 3,030
RETIRED MEMBER IS ELIGIBLE FOR A BENEFIT CONSISTING OF A SINGLE 3,031
LIFE ANNUITY HAVING A RESERVE EQUAL TO THE AMOUNT OF THE RETIRED 3,033
MEMBER'S ACCUMULATED CONTRIBUTIONS UNDER DIVISION (B)(1), (3), OR 3,034
(4) OF THIS SECTION PLUS AN EQUAL AMOUNT OF THE EMPLOYER'S 3,035
CONTRIBUTIONS PLUS INTEREST CREDITED TO THE DATE OF RETIREMENT AT 3,036
THE RATE PROVIDED IN DIVISION (I)(2) OF SECTION 3309.01 OF THE 3,037
REVISED CODE. THE RETIRED MEMBER SHALL ELECT EITHER TO RECEIVE 3,038
THE BENEFIT AS A MONTHLY ANNUITY FOR LIFE OR A LUMP-SUM PAYMENT 3,039
DISCOUNTED TO THE PRESENT VALUE USING THE CURRENT ACTUARIAL 3,041
ASSUMPTION RATE OF INTEREST, EXCEPT THAT IF THE ANNUITY WOULD BE 3,042
LESS THAN TWENTY-FIVE DOLLARS PER MONTH, THE RETIRED MEMBER SHALL 3,043
RECEIVE A LUMP-SUM PAYMENT.
A BENEFIT PAYABLE UNDER THIS DIVISION COMMENCES ON THE 3,045
71
LATER OF THE FIRST DAY OF THE FIRST MONTH FOLLOWING THE LAST DAY 3,047
FOR WHICH THE RETIRED MEMBER CONTRIBUTED UNDER DIVISION (B)(1), 3,048
(3), OR (4) OF THIS SECTION OR ATTAINMENT BY THE RETIRED MEMBER 3,049
OF AGE SIXTY-FIVE.
A RETIRED MEMBER RECEIVING A BENEFIT UNDER THIS DIVISION IS 3,051
NOT A MEMBER OF THE SCHOOL EMPLOYEES RETIREMENT SYSTEM AND DOES 3,052
NOT HAVE ANY RIGHTS, PRIVILEGES, OR OBLIGATIONS OF MEMBERSHIP. 3,053
NO AMOUNTS RECEIVED UNDER THIS DIVISION SHALL BE INCLUDED IN 3,054
DETERMINING AN INCREASE UNDER SECTION 3309.374 OF THE REVISED 3,055
CODE OR ANY OTHER POST-RETIREMENT BENEFIT INCREASE. THE RETIRED 3,057
MEMBER IS AN SERS RETIRANT FOR PURPOSES OF SECTION 3309.341 OF 3,058
THE REVISED CODE. 3,059
(E) IF A MEMBER CONTRIBUTING TOWARD A BENEFIT UNDER 3,061
DIVISION (D) OF THIS SECTION DIES BEFORE RECEIVING THE BENEFIT, A 3,063
LUMP SUM CALCULATED IN ACCORDANCE WITH THAT DIVISION SHALL BE 3,064
PAID TO THE BENEFICIARY DESIGNATED UNDER DIVISION (F) OF THIS 3,066
SECTION.
IF A RETIRED MEMBER RECEIVING A MONTHLY ANNUITY UNDER 3,068
DIVISION (D) OF THIS SECTION DIES BEFORE RECEIVING AN AMOUNT 3,069
EQUAL TO THE LUMP-SUM PAYMENT THAT WOULD BE PAID UNDER THAT 3,070
DIVISION, THE DIFFERENCE BETWEEN THE AMOUNT RECEIVED AND THE 3,071
AMOUNT THAT WOULD HAVE BEEN PAID AS A LUMP-SUM PAYMENT SHALL BE 3,072
PAID TO THE BENEFICIARY DESIGNATED UNDER DIVISION (F) OF THIS 3,073
SECTION.
(F) A RETIRED MEMBER MAY DESIGNATE ONE OR MORE PERSONS AS 3,075
BENEFICIARY TO RECEIVE ANY BENEFITS PAYABLE UNDER DIVISION (E) OF 3,076
THIS SECTION DUE TO DEATH. THE DESIGNATION SHALL BE IN WRITING 3,077
DULY EXECUTED ON A FORM PROVIDED BY THE SCHOOL EMPLOYEES 3,078
RETIREMENT SYSTEM, SIGNED BY THE RETIRED MEMBER AND FILED WITH
THE BOARD PRIOR TO DEATH. THE LAST DESIGNATION OF THE 3,079
BENEFICIARY REVOKES ALL PREVIOUS DESIGNATIONS. THE RETIRED 3,080
MEMBER'S MARRIAGE, DIVORCE, MARRIAGE TERMINATION, LEGAL 3,081
SEPARATION, OR BIRTH OR ADOPTION OF A CHILD REVOKES ALL PREVIOUS 3,082
DESIGNATIONS. IF THERE IS NO DESIGNATED BENEFICIARY, THE 3,083
72
BENEFICIARY IS THE BENEFICIARY DETERMINED UNDER DIVISION (D) OF 3,084
SECTION 3309.44 OF THE REVISED CODE. IF ANY BENEFIT PAYABLE 3,086
UNDER THIS SECTION DUE TO THE DEATH OF A RETIRED MEMBER IS NOT 3,087
CLAIMED BY A BENEFICIARY WITHIN FIVE YEARS AFTER DEATH, THE 3,088
AMOUNT PAYABLE SHALL BE TRANSFERRED TO THE GUARANTEE FUND AND 3,089
THEREAFTER PAID TO THE BENEFICIARY OR THE ESTATE OF THE RETIRED 3,090
MEMBER ON APPLICATION TO THE SYSTEM.
(G) THE SCHOOL EMPLOYEES RETIREMENT BOARD MAY ADOPT RULES 3,092
TO CARRY OUT THIS SECTION. 3,093
Sec. 3309.35. (A) As used in this section: 3,102
(1) "State retirement system" means the public employees 3,104
retirement system, state teachers retirement system, or school 3,105
employees retirement system. 3,106
(2) "Total service credit" means all service credit earned 3,108
in all state retirement systems, except credit for service 3,109
subject to section 3309.341 of the Revised Code. Total service 3,110
credit shall not exceed one year of credit for any twelve-month 3,111
period. 3,112
(3) In addition to the meaning given in division (O) of 3,114
section 3309.01 of the Revised Code, "disability benefit" means 3,115
"disability benefit" as defined in sections 145.01 and 3307.01 of 3,116
the Revised Code. 3,117
(B) To coordinate and integrate membership in the state 3,119
retirement systems, at the option of a member, total 3,121
contributions and service credit in all state retirement systems, 3,122
including amounts paid to restore service credit under sections 3,123
145.311, 3307.711, and 3309.261 of the Revised Code, shall be 3,124
used in determining the eligibility and total retirement or 3,125
disability benefit payable. When total contributions and service 3,126
credit are so combined, the following provisions apply: 3,127
(1) Service and commuted service retirement or a 3,129
disability benefit is effective no sooner than the first day of 3,130
the month next following the last day of employment for which 3,131
compensation was paid. If the application is filed after that 3,132
73
date, the board may retire the member on the first day of the 3,133
month next following the last day of employment for which 3,134
compensation was paid. 3,135
(2) In determining eligibility for a disability benefit, 3,137
the medical examiner's report to the retirement board of any 3,138
state retirement system, showing that the member's disability 3,139
incapacitates the member for the performance of duty, may be 3,140
accepted by the state retirement boards as sufficient for 3,142
granting a disability benefit. 3,143
(3) The state retirement system in which the member had 3,145
the greatest service credit, without adjustment, shall determine 3,146
and pay the total retirement or disability benefit. Where the 3,147
member's credit is equal in two or more state retirement systems, 3,149
the system having the largest total contributions of the member 3,150
shall determine and pay the total benefit. 3,151
(4) In determining the total credit to be used in 3,153
calculating a retirement allowance or disability benefit, credit 3,154
shall not be reduced below that certified by the system or 3,155
systems transferring credit, except that such total combined 3,156
service credit shall not exceed one year of credit for any one 3,157
"year" as defined in the law of the system making the 3,158
calculation. 3,159
(5) The state retirement system determining and paying a 3,161
retirement or disability benefit shall receive from the other 3,162
system or systems the member's refundable account at retirement 3,163
or the effective date of a disability benefit plus an equal 3,164
amount from the employers' trust fund EQUAL TO THE MEMBER'S 3,165
REFUNDABLE ACCOUNT LESS THE INTEREST CREDITED UNDER SECTION 3,166
145.471, 145.472, OR 3307.563 OF THE REVISED CODE. 3,167
(a) The annuity rates and mortality tables of the state 3,169
retirement system making the calculation and paying the benefit 3,170
shall be exclusively applicable. 3,171
(b) Deposits made for the purchase of an additional 3,173
annuity, and including guaranteed interest, upon the request of 3,174
74
the member, shall be transferred to the state retirement system 3,175
paying the retirement or disability benefit. The return upon 3,176
such deposits shall be that offered by the state retirement 3,177
system making the calculation and paying the retirement or 3,178
disability benefit. 3,179
(C) A former member receiving a retirement or disability 3,181
benefit under this section, who accepts employment amenable to 3,182
coverage in any state retirement system that participated in the 3,183
member's combined benefit, shall be subject to the applicable 3,185
provisions of law governing such re-employment. If the former 3,186
member is subject to section 3307.35 of the Revised Code and 3,187
exceeds the limits on re-employment established by that section, 3,188
the state retirement system paying a combined benefit shall 3,189
terminate the entire pension portion of the benefit for the 3,190
period of re-employment that exceeds the limit in that section. 3,191
If a former member should be paid any amount in a retirement 3,192
allowance, to which the former member is not entitled under the 3,194
applicable provisions of law governing such re-employment, such 3,195
amount shall be recovered by the state retirement system paying 3,196
such allowance by utilizing any recovery procedure available 3,197
under the code provisions of the state retirement system covering 3,198
such re-employment. 3,199
(D) An SERS retirant or other system retirant, as defined 3,201
in section 3309.341 of the Revised Code, is not eligible to 3,202
receive any benefit under this section for service subject to 3,203
section 3309.341 of the Revised Code. 3,204
Sec. 3309.473. (A) EXCEPT AS PROVIDED IN DIVISION (D) OF 3,207
THIS SECTION, A MEMBER OF THE SCHOOL EMPLOYEES RETIREMENT SYSTEM 3,208
WHO RESIGNED DUE TO PREGNANCY OR ADOPTION OF A CHILD MAY PURCHASE 3,209
SERVICE CREDIT FOR A PERIOD FOLLOWING THE RESIGNATION DURING 3,210
WHICH THE MEMBER DID NOT MAKE CONTRIBUTIONS UNDER SECTION 3309.47 3,211
OF THE REVISED CODE, IF THE MEMBER MEETS BOTH OF THE FOLLOWING 3,213
CONDITIONS:
(1) THE MEMBER HAS EARNED A MINIMUM OF ONE YEAR OF SERVICE 3,215
75
CREDIT SUBSEQUENT TO THE DATE OF THE MEMBER'S RETURN TO 3,216
EMPLOYMENT AS A CONTRIBUTOR TO THE SYSTEM. 3,217
(2) THE MEMBER RETURNED TO EMPLOYMENT AS A CONTRIBUTOR NOT 3,219
LATER THAN THE FIRST DAY OF CLASSES OF THE THIRD SCHOOL YEAR 3,220
FOLLOWING THE DATE OF RESIGNATION. 3,221
SERVICE CREDIT PURCHASED UNDER THIS SECTION MAY NOT EXCEED 3,223
THE LESSER OF TWO YEARS OR AN AMOUNT EQUAL TO THE PERIOD FROM THE 3,224
EFFECTIVE DATE OF THE RESIGNATION TO THE DATE OF RETURN TO 3,225
EMPLOYMENT AS A CONTRIBUTOR. SERVICE CREDIT MAY BE PURCHASED FOR 3,226
MORE THAN ONE PERIOD OF RESIGNATION DUE TO PREGNANCY OR ADOPTION 3,227
OF A CHILD, BUT THE TOTAL SERVICE CREDIT PURCHASED MAY NOT EXCEED 3,228
TWO YEARS. THE MEMBER MUST SUBMIT EVIDENCE SATISFACTORY TO THE 3,229
SCHOOL EMPLOYEES RETIREMENT BOARD DOCUMENTING THAT THE 3,230
RESIGNATION WAS DUE TO PREGNANCY OR ADOPTION OF A CHILD AND THAT 3,231
THE MEMBER MEETS THE REQUIREMENT IN DIVISION (A)(1) OF THIS 3,232
SECTION.
(B) FOR EACH YEAR OF SERVICE CREDIT PURCHASED UNDER THIS 3,234
SECTION: 3,235
(1) THE MEMBER SHALL PAY TO THE SYSTEM FOR CREDIT TO THE 3,237
MEMBER'S ACCUMULATED ACCOUNT AN AMOUNT EQUAL TO THE MEMBER'S 3,238
CONTRIBUTIONS FOR FULL-TIME EMPLOYMENT FOR THE FIRST YEAR OF 3,239
SERVICE SUBSEQUENT TO THE MEMBER'S RETURN TO EMPLOYMENT AS A 3,240
CONTRIBUTOR, PLUS COMPOUND INTEREST THEREON AT A RATE ESTABLISHED 3,241
BY THE BOARD, FROM THE DATE OF THE MEMBER'S RETURN TO EMPLOYMENT 3,242
AS A CONTRIBUTOR TO THE DATE OF PAYMENT. 3,243
(2) THE MEMBER'S EMPLOYER AT THE TIME OF RESIGNATION SHALL 3,245
PAY AN AMOUNT CERTIFIED BY THE SYSTEM, WHICH SHALL BE AN AMOUNT 3,246
EQUAL TO THE EMPLOYER CONTRIBUTION FOR FULL-TIME EMPLOYMENT FOR 3,247
THE MEMBER'S FIRST YEAR OF SERVICE SUBSEQUENT TO THE MEMBER'S 3,248
RETURN TO EMPLOYMENT AS A CONTRIBUTOR, PLUS COMPOUND INTEREST 3,249
THEREON AT A RATE ESTABLISHED BY THE BOARD, FROM THE DATE OF THE 3,250
MEMBER'S RETURN TO EMPLOYMENT AS A CONTRIBUTOR TO THE DATE OF 3,251
PAYMENT.
(C) A MEMBER MAY PURCHASE ALL OR PART OF THE CREDIT FOR 3,253
76
WHICH THE MEMBER IS ELIGIBLE IN ONE OR MORE PAYMENTS. SERVICE 3,254
CREDIT PURCHASED UNDER THIS SECTION SHALL BE INCLUDED IN THE 3,255
MEMBER'S TOTAL SERVICE CREDIT. 3,256
(D) A MEMBER WHO HAS PURCHASED SERVICE CREDIT UNDER 3,258
SECTION 3309.472 OF THE REVISED CODE FOR A PERIOD OF ABSENCE MAY 3,259
NOT PURCHASE CREDIT UNDER THIS SECTION FOR THE SAME PERIOD OF 3,260
ABSENCE.
(E) THE BOARD MAY ADOPT RULES TO IMPLEMENT THIS SECTION. 3,262
Sec. 3309.51. Each employer shall pay annually into the 3,271
employers' trust fund, in such monthly or less frequent 3,272
installments as the school employees retirement board requires, 3,273
an amount certified by the school employees retirement board, 3,274
which shall be as required by Chapter 3309. of the Revised Code. 3,275
Payments by boards of education AND GOVERNING AUTHORITIES 3,277
OF COMMUNITY SCHOOLS to the employers' trust fund of the school 3,279
employees retirement system may be made from the amounts 3,280
allocated under SECTION 3314.08 OR Chapter 3317. of the Revised 3,281
Code prior to their distribution to the individual school 3,282
districts OR COMMUNITY SCHOOLS. The amount due from each school 3,283
district OR COMMUNITY SCHOOL may be certified by the secretary of 3,285
the system to the state superintendent of public instruction 3,286
monthly, or at such times as is determined by the school 3,287
employees retirement board.
The superintendent shall deduct from the amount allocated 3,289
to each district OR COMMUNITY SCHOOL under SECTION 3314.08 OR 3,290
Chapter 3317. of the Revised Code the entire amounts due to the 3,292
system from such district OR SCHOOL upon the certification to him 3,293
THE SUPERINTENDENT by the secretary thereof. 3,294
Where an employer fails or refuses to make payments to the 3,296
employers' trust fund, as provided for under Chapter 3309. of the 3,297
Revised Code, on a direct pay basis, the secretary of the school 3,298
employees retirement system may certify to the state 3,299
superintendent of public instruction, monthly or at such times as 3,300
is determined by the school employees retirement board, the 3,301
77
amount due from such employer, and the superintendent shall 3,302
deduct from the amount allocated to each district OR COMMUNITY 3,303
SCHOOL under SECTION 3314.08 OR Chapter 3317. of the Revised Code 3,305
the entire amounts due to the system from such districts OR 3,306
SCHOOLS upon the certification to him THE SUPERINTENDENT by the 3,308
secretary of the school employees retirement system. 3,309
The superintendent shall certify to the director of budget 3,311
and management the amounts thus due the system for payment. 3,312
Section 2. That existing sections 101.82, 145.01, 145.23, 3,314
145.31, 145.37, 145.38, 145.40, 145.43, 742.26, 3307.31, 3307.35, 3,316
3307.53, 3307.57, 3307.771, 3309.30, 3309.341, 3309.35, and 3,317
3309.51 of the Revised Code are hereby repealed. 3,318
Section 3. That section 145.202 of the Revised Code is 3,321
hereby repealed.
Section 4. Except as otherwise provided in this section, 3,323
Sections 1 and 2 of this act shall take effect on the ninetieth 3,324
day after the effective date of this section. Sections 101.82, 3,325
145.01, 145.37, 145.38, 145.383, 742.26, 3307.31, 3307.35, 3,326
3307.351, 3307.53, 3307.57, 3307.771, 3309.30, 3309.341, 3,327
3309.343, 3309.35, 3309.473, and 3309.51 of the Revised Code, as 3,329
amended or enacted by this act, shall take effect at the earliest 3,330
time permitted by law; however, the amendment of divisions (I) 3,331
and (J) of section 145.01, division (B)(1)(e) of section 145.37, 3,332
division (B) of section 3307.57, and division (B) of section 3,333
3309.35 of the Revised Code shall not be applied to any facts 3,334
occurring before the ninetieth day after the effective date of 3,335
this section.
Section 5. A person who, on the effective date of this 3,337
section and for a period exceeding two months, is subject to a 3,338
forfeiture of an allowance or benefit pursuant to division (B) of 3,340
section 145.38 or section 3307.35 of the Revised Code as that 3,341
division and section existed immediately prior to the effective 3,342
date of this section shall cease to be subject to the forfeiture 3,343
as follows:
78
(A) If the person has been subject to the forfeiture for 3,345
at least two months, on the effective date of this section; 3,346
(B) If the person has not been subject to the forfeiture 3,348
for at least two months, on the earlier of the date the 3,349
employment that caused the forfeiture terminates or the date that 3,350
is two months after the date on which the person's allowance or 3,351
benefit commenced. 3,352
Section 6. (A) As used in this section: 3,354
(1) "(C)(1)(b) election" means an election made under 3,356
division (C)(1)(b) of section 145.38 of the Revised Code as that 3,357
division existed immediately prior to the effective date of this 3,358
section.
(2) "Reelected official" means a PERS retirant, as defined 3,360
in section 145.38 of the Revised Code, described in division 3,361
(C)(4) of that section as that division existed immediately prior 3,362
to the effective date of this section. 3,363
(B) Notwithstanding division (C) of section 145.38 of the 3,365
Revised Code, a reelected official who on the effective date of 3,366
this section is subject to a (C)(1)(b) election may elect to 3,367
continue to be subject to that election or elect to cease to be 3,368
subject to that election. 3,369
If the reelected official elects to cease to be subject to 3,371
the (C)(1)(b) election, all of the following apply: 3,372
(1) Any forfeiture or suspension required by division 3,374
(C)(2) of section 145.38 of the Revised Code as that division 3,375
existed immediately prior to the effective date of this section 3,376
that exceeds the forfeiture required by Section 5 of this act 3,377
shall cease on the later of the following: 3,378
(a) The earlier of the date the employment that caused the 3,380
forfeiture and suspension terminates or the date that is two 3,381
months after the date on which the person's retirement allowance 3,382
commenced; 3,383
(b) The effective date of this section. 3,385
(2) The reelected official's retirement allowance that 3,387
79
accumulated to the official's credit pursuant to division (C) of 3,388
section 145.38 of the Revised Code shall be paid to the official 3,389
in a single payment as soon as possible after the reelected 3,390
official elects to cease to be subject to the (C)(1)(b) election. 3,391
(3) For the purpose of division (D) of section 145.38 of 3,393
the Revised Code, the reelected official shall be treated as a 3,394
reemployed retirant who made the election under division 3,395
(C)(1)(a) of section 145.38 of the Revised Code as that division 3,396
existed immediately prior to the effective date of this section. 3,397
Section 7. The Public Employees Retirement Board and the 3,399
State Teachers Retirement Board may each adopt rules to implement 3,401
Section 5 of this act. The Public Employees Retirement Board may
adopt rules to implement Section 6 of this act. 3,402