As Passed by the House 1
123rd General Assembly 4
Regular Session Am. 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-TIBERI-GRENDELL-DISTEL-ROBERTS-BUEHRER-METZGER- 11
ROBINSON-HARRIS-CALVERT-WINKLER-A. CORE-CORBIN-WILSON-LOGAN- 12
ALLEN-VERICH-STEVENS-PERRY-BRITTON-BARRETT-REDFERN-D. MILLER- 13
SULZER-CAREY-EVANS-HOOPS-AUSTRIA-CALLENDER-BOYD-KRUPINSKI-O'BRIEN- 14
AMSTUTZ-WIDENER-GOODING 15
_________________________________________________________________ 17
A B I L L
To amend sections 101.82, 145.01, 145.23, 145.31, 19
145.37, 145.38, 145.40, 145.43, 742.26, 3307.31, 20
3307.35, 3307.53, 3307.57, 3307.771, 3309.30,
3309.341, 3309.35, and 3309.51; to enact sections 21
145.383, 145.401, 145.471, 145.472, 145.473, 22
3307.351, 3309.343, and 3309.473; and to repeal
section 145.202 of the Revised Code to require 24
the Public Employees Retirement System (PERS) to
credit interest on a member's contributions and, 25
under certain conditions, to pay an amount of 26
employer contributions on the death of a member 27
or withdrawal of a member's contributions; to
permit certain members of PERS, the School 28
Employees Retirement System (SERS), or the State 29
Teachers Retirement System (STRS) who hold more 30
than one position covered by those retirement
systems to retire from one position and continue 31
making contributions for the other position 32
toward the purchase of an annuity; to revise the 33
law governing a retirant or disability benefit
recipient's reemployment in a position covered by 34
2
PERS, SERS, STRS, or the Ohio Police and Fire 35
Pension Fund; to allow an STRS member who prior
to July 1, 1982, resigned due to adoption of a 36
child to purchase up to one year of service 37
credit; to allow any SERS member who resigned due
to pregnancy or adoption of a child to purchase 38
up to two years of service credit; to allow SERS 39
and STRS to collect employer contributions from
the governing authorities of community schools in 40
the same manner as contributions are collected 41
from boards of education; and to exempt from 42
sunset review the Ohio Public Employees Deferred
Compensation Board, Ohio Retirement Study 43
Council, and the boards of Ohio's state 44
retirement systems.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 46
Section 1. That sections 101.82, 145.01, 145.23, 145.31, 48
145.37, 145.38, 145.40, 145.43, 742.26, 3307.31, 3307.35, 50
3307.53, 3307.57, 3307.771, 3309.30, 3309.341, 3309.35, and 51
3309.51 be amended and sections 145.383, 145.401, 145.471, 52
145.472, 145.473, 3307.351, 3309.343, and 3309.473 of the Revised 53
Code be enacted to read as follows: 54
Sec. 101.82. As used in sections 101.82 to 101.87 of the 63
Revised Code: 64
(A) "Agency" means any board, commission, committee, or 66
council, or any other similar state public body required to be 67
established pursuant to state statutes for the exercise of any 69
function of state government and to which members are appointed 70
or elected. "Agency" does not include:
(1) The general assembly, or any commission, committee, or 72
other body composed entirely of members thereof; 73
(2) Any court; 75
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(3) Any public body created by or directly pursuant to the 77
constitution of this state; 78
(4) The board of trustees of any institution of higher 80
education financially supported in whole or in part by the state; 81
(5) Any public body that has the authority to issue bonds 83
or notes or that has issued bonds or notes that have not been 84
fully repaid; 85
(6) The public utilities commission of Ohio; 87
(7) The consumers' council governing board; 89
(8) The Ohio board of regents; 91
(9) Any state board or commission that has the authority 93
to issue any final adjudicatory order that may be appealed to the 94
court of common pleas under Chapter 119. of the Revised Code; 95
(10) Any board of elections.; 97
(11) The board of directors of the Ohio insurance guaranty 100
association and the board of governors of the Ohio fair plan
underwriting association; 101
(12) THE OHIO PUBLIC EMPLOYEES DEFERRED COMPENSATION 103
BOARD;
(13) THE OHIO RETIREMENT STUDY COUNCIL; 105
(14) THE BOARD OF TRUSTEES OF THE OHIO POLICE AND FIRE 107
PENSION FUND, PUBLIC EMPLOYEES RETIREMENT BOARD, SCHOOL EMPLOYEES 108
RETIREMENT BOARD, STATE HIGHWAY PATROL RETIREMENT BOARD, AND 109
STATE TEACHERS RETIREMENT BOARD. 110
(B) "Abolish" means to repeal the statutes creating and 112
empowering an agency, remove its personnel, and transfer its 113
records to the department of administrative services pursuant to 114
division (H) of section 149.331 of the Revised Code. 115
(C) "Terminate" means to amend or repeal the statutes 117
creating and empowering an agency, remove its personnel, and 118
reassign its functions and records to another agency or officer 119
designated by the general assembly. 120
(D) "Transfer" means to amend the statutes creating and 122
empowering an agency so that its functions, records, and 123
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personnel are conveyed to another agency or officer. 124
(E) "Renew" means to continue an agency, and may include 126
amendment of the statutes creating and empowering the agency, or 127
recommendations for changes in agency operation or personnel. 128
Sec. 145.01. As used in this chapter: 137
(A) "Public employee" means: 139
(1) Any person holding an office, not elective, under the 141
state or any county, township, municipal corporation, park 142
district, conservancy district, sanitary district, health 143
district, metropolitan housing authority, state retirement board, 144
Ohio historical society, public library, county law library,
union cemetery, joint hospital, institutional commissary, state 145
university, or board, bureau, commission, council, committee, 146
authority, or administrative body as the same are, or have been, 147
created by action of the general assembly or by the legislative 148
authority of any of the units of local government named in 149
division (A)(1) of this section, or employed and paid in whole or 150
in part by the state or any of the authorities named in division 151
(A)(1) of this section in any capacity not covered by section 153
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.
(2) A person who is a member of the public employees 155
retirement system and who continues to perform the same or 157
similar duties under the direction of a contractor who has 158
contracted to take over what before the date of the contract was 159
a publicly operated function. The governmental unit with which
the contract has been made shall be deemed the employer for the 160
purposes of administering this chapter. 161
(3) Any person who is an employee of a public employer, 163
notwithstanding that the person's compensation for that 164
employment is derived from funds of a person or entity other than 165
the employer. Credit for such service shall be included as total 166
service credit, provided that the employee makes the payments 167
required by this chapter, and the employer makes the payments
required by sections 145.48 and 145.51 of the Revised Code. 168
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In all cases of doubt, the public employees retirement 170
board shall determine whether any person is a public employee, 171
and its decision is final.
(B) "Member" means any public employee, other than a 173
public employee excluded or exempted from membership in the 174
retirement system by section 145.03, 145.031, 145.032, 145.033, 175
145.034, 145.035, or 145.38 of the Revised Code. "Member" 176
includes a PERS retirant who becomes a member under division 177
(C)(2) of section 145.38 of the Revised Code. "Member" also
includes a disability benefit recipient. 178
(C) "Head of the department" means the elective or 180
appointive head of the several executive, judicial, and 181
administrative departments, institutions, boards, and commissions 182
of the state and local government as the same are created and 183
defined by the laws of this state or, in case of a charter
government, by that charter. 184
(D) "Employer" or "public employer" means the state or any 186
county, township, municipal corporation, park district, 187
conservancy district, sanitary district, health district, 188
metropolitan housing authority, state retirement board, Ohio
historical society, public library, county law library, union 189
cemetery, joint hospital, institutional commissary, state medical 190
college, state university, or board, bureau, commission, council, 191
committee, authority, or administrative body as the same are, or 192
have been, created by action of the general assembly or by the 193
legislative authority of any of the units of local government
named in this division not covered by section 3307.01 or 3309.01 194
of the Revised Code. In addition, "employer" means the employer 195
of any public employee.
(E) "Prior service" means all service as a public employee 197
rendered before January 1, 1935, and all service as an employee 198
of any employer who comes within the state teachers retirement 199
system or of the school employees retirement system or of any 200
other retirement system established under the laws of this state 201
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rendered prior to January 1, 1935, provided that if the employee
claiming the service was employed in any capacity covered by that 202
other system after that other system was established, credit for 203
the service may be allowed by the public employees retirement 204
system only when the employee has made payment, to be computed on 205
the salary earned from the date of appointment to the date 206
membership was established in the public employees retirement
system, at the rate in effect at the time of payment, and the 207
employer has made payment of the corresponding full liability as 208
provided by section 145.44 of the Revised Code. "Prior service" 209
also means all service credited for active duty with the armed 210
forces of the United States as provided in section 145.30 of the 211
Revised Code.
If an employee who has been granted prior service credit by 213
the public employees retirement system for service rendered prior 214
to January 1, 1935, as an employee of a board of education 215
establishes, before retirement, one year or more of contributing 216
service in the state teachers retirement system or school 217
employees retirement system, then the prior service ceases to be
the liability of this system. 218
If the board determines that a position of any member in 220
any calendar year prior to January 1, 1935, was a part-time 221
position, the board shall determine what fractional part of a 222
year's credit shall be allowed by the following formula: 223
(1) When the member has been either elected or appointed 225
to an office the term of which was two or more years and for 226
which an annual salary is established, the fractional part of the 227
year's credit shall be computed as follows: 228
First, when the member's annual salary is one thousand 230
dollars or less, the service credit for each such calendar year 231
shall be forty per cent of a year.
Second, for each full one hundred dollars of annual salary 233
above one thousand dollars, the member's service credit for each 234
such calendar year shall be increased by two and one-half per 235
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cent.
(2) When the member is paid on a per diem basis, the 237
service credit for any single year of the service shall be 238
determined by using the number of days of service for which the 239
compensation was received in any such year as a numerator and 240
using two hundred fifty days as a denominator.
(3) When the member is paid on an hourly basis, the 242
service credit for any single year of the service shall be 243
determined by using the number of hours of service for which the 244
compensation was received in any such year as a numerator and 245
using two thousand hours as a denominator.
(F) "Contributor" means any person who has an account in 247
the employees' savings fund created by section 145.23 of the 248
Revised Code.
(G) "Beneficiary" or "beneficiaries" means the estate or a 250
person or persons who, as the result of the death of a member, 251
contributor, or retirant, qualify for or are receiving some right 252
or benefit under this chapter.
(H)(1) "Total service credit," except as provided in 254
section 145.37 of the Revised Code, means all service credited to 255
a member of the retirement system since last becoming a member, 256
including restored service credit as provided by section 145.31 257
of the Revised Code; credit purchased under sections 145.293 and 258
145.299 of the Revised Code; all the member's prior service
credit; all the member's military service credit computed as 259
provided in this chapter; all service credit established pursuant 260
to section 145.297 of the Revised Code; and any other service 261
credited under this chapter. In addition, "total service credit" 262
includes any period, not in excess of three years, during which a 263
member was out of service and receiving benefits under Chapters
4121. and 4123. of the Revised Code. For the exclusive purpose 264
of satisfying the service credit requirement and of determining 265
eligibility for benefits under sections 145.32, 145.33, 145.331, 266
145.35, 145.36, and 145.361 of the Revised Code, "five or more 267
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years of total service credit" means sixty or more calendar 268
months of contributing service in this system.
(2) "One and one-half years of contributing service 270
credit," as used in division (B) of section 145.45 of the Revised 271
Code, also means eighteen or more calendar months of employment 272
by a municipal corporation that formerly operated its own 273
retirement plan for its employees or a part of its employees, 274
provided that all employees of that municipal retirement plan who 275
have eighteen or more months of such employment, upon 276
establishing membership in the public employees retirement 277
system, shall make a payment of the contributions they would have 278
paid had they been members of this system for the eighteen months 279
of employment preceding the date membership was established. 280
When that payment has been made by all such employee members, a 282
corresponding payment shall be paid into the employers' 283
accumulation fund by that municipal corporation as the employer 284
of the employees. 285
(3) Where a member also is a member of the state teachers 287
retirement system or the school employees retirement system, or 288
both, except in cases of retirement on a combined basis pursuant 289
to section 145.37 of the Revised Code OR AS PROVIDED IN SECTION 290
145.383 OF THE REVISED CODE, service credit for any period shall 291
be credited on the basis of the ratio that contributions to the 292
public employees retirement system bear to total contributions in 294
all state retirement systems.
(4) Not more than one year of credit may be given for any 296
period of twelve months. 297
(5) "Ohio service credit" means credit for service that 299
was rendered to the state or any of its political subdivisions or 300
any employer.
(I) "Regular or current interest" means interest at any 302
rates for the respective funds and accounts as the public 303
employees retirement board may determine from time to time, 304
except as follows:
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(1) Subsequent to December 31, 1958, the retirement board 306
shall discontinue the annual crediting of current interest to the 308
individual accounts of contributors. The noncrediting of current 309
interest shall not affect the rate of interest at retirement 310
guaranteed under division (I) of this section. 311
(2) The rate of interest credited on a contributor's 313
contributions at retirement shall be four per cent per annum, 314
compounded annually, to and including December 31, 1955; three 315
per cent per annum, compounded annually, from January 1, 1956, to 316
and including December 31, 1963; three and one-quarter per cent 317
per annum, compounded annually, from January 1, 1964, to and 318
including December 31, 1969; and thereafter four per cent per
annum, compounded annually. 319
In determining the reserve value for the purpose of 321
computing the amount of the contributor's annuity, the rate of 322
interest used in the annuity values shall be four per cent per 323
annum, compounded annually, for contributors retiring before 324
October 1, 1956, and after December 31, 1969; three per cent per 325
annum, compounded annually, for contributors retiring between 327
October 1, 1956, and December 31, 1963; and three and one-quarter 328
per cent per annum, compounded annually, for contributors 329
retiring from January 1, 1964, to December 31, 1969. Interest on 330
contributions from contributors within any one calendar year 331
shall begin on the first day of the calendar year next following 332
and shall be computed at the end of each calendar year, except in 333
the case of a contributor who retires before the end of the year. 334
(J) "Accumulated contributions" means the sum of all 336
amounts credited to a contributor's individual account in the 337
employees' savings fund together with any current interest 338
thereon, but does not include the interest adjustment at 339
retirement CREDITED TO THE CONTRIBUTOR'S ACCOUNT UNDER SECTION 340
145.471 OR 145.472 OF THE REVISED CODE. 341
(K)(1) "Final average salary" means the quotient obtained 343
by dividing by three the sum of the three full calendar years of 344
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contributing service in which the member's earnable salary was 345
highest, except that if the member has a partial year of 346
contributing service in the year the member's employment 347
terminates and the member's earnable salary for the partial year 348
is higher than for any comparable period in the three years, the 349
member's earnable salary for the partial year shall be 350
substituted for the member's earnable salary for the comparable 351
period during the three years in which the member's earnable 352
salary was lowest.
(2) If a member has less than three years of contributing 354
service, the member's final average salary shall be the member's 355
total earnable salary divided by the total number of years, 356
including any fraction of a year, of the member's contributing 357
service.
(3) For the purpose of calculating benefits payable to a 359
member qualifying for service credit under division (Z) of this 360
section, "final average salary" means the total earnable salary 361
on which contributions were made divided by the total number of 362
years during which contributions were made, including any 363
fraction of a year. If contributions were made for less than 364
twelve months, "final average salary" means the member's total 365
earnable salary. 366
(L) "Annuity" means payments for life derived from 368
contributions made by a contributor and paid from the annuity and 369
pension reserve fund as provided in this chapter. All annuities 370
shall be paid in twelve equal monthly installments. 371
(M) "Annuity reserve" means the present value, computed 373
upon the basis of the mortality and other tables adopted by the 374
board, of all payments to be made on account of any annuity, or 375
benefit in lieu of any annuity, granted to a retirant as provided 376
in this chapter.
(N)(1) "Disability retirement" means retirement as 378
provided in section 145.36 of the Revised Code. 379
(2) "Disability allowance" means an allowance paid on 381
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account of disability under section 145.361 of the Revised Code. 382
(3) "Disability benefit" means a benefit paid as 384
disability retirement under section 145.36 of the Revised Code, 385
as a disability allowance under section 145.361 of the Revised 386
Code, or as a disability benefit under section 145.37 of the 387
Revised Code.
(4) "Disability benefit recipient" means a member who is 389
receiving a disability benefit. 390
(O) "Age and service retirement" means retirement as 392
provided in sections 145.32, 145.33, 145.331, 145.34, 145.37, and 393
145.46 of the Revised Code.
(P) "Pensions" means annual payments for life derived from 395
contributions made by the employer that at the time of retirement 396
are credited into the annuity and pension reserve fund from the 397
employers' accumulation fund and paid from the annuity and 398
pension reserve fund as provided in this chapter. All pensions 399
shall be paid in twelve equal monthly installments.
(Q) "Retirement allowance" means the pension plus that 401
portion of the benefit derived from contributions made by the 402
member.
(R)(1) Except as otherwise provided in division (R) of 405
this section, "earnable salary" means all salary, wages, and 406
other earnings paid to a contributor by reason of employment in a 407
position covered by the retirement system. The salary, wages,
and other earnings shall be determined prior to determination of 408
the amount required to be contributed to the employees' savings 409
fund under section 145.47 of the Revised Code and without regard 410
to whether any of the salary, wages, or other earnings are 411
treated as deferred income for federal income tax purposes. 412
"Earnable salary" includes the following:
(a) Payments made by the employer in lieu of salary, 414
wages, or other earnings for sick leave, personal leave, or 415
vacation used by the contributor;
(b) Payments made by the employer for the conversion of 417
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sick leave, personal leave, and vacation leave accrued, but not 418
used if the payment is made during the year in which the leave is 420
accrued, except that payments made pursuant to section 124.383 or 421
124.386 of the Revised Code are not earnable salary;
(c) Allowances paid by the employer for full maintenance, 423
consisting of housing, laundry, and meals, as certified to the 424
retirement board by the employer or the head of the department 425
that employs the contributor;
(d) Fees and commissions paid under section 507.09 of the 427
Revised Code;
(e) Payments that are made under a disability leave 429
program sponsored by the employer and for which the employer is 430
required by section 145.296 of the Revised Code to make periodic 431
employer and employee contributions;
(f) Amounts included pursuant to divisions (K)(3) and (Y) 433
of this section.
(2) "Earnable salary" does not include any of the 435
following:
(a) Fees and commissions, other than those paid under 437
section 507.09 of the Revised Code, paid as sole compensation for 438
personal services and fees and commissions for special services 439
over and above services for which the contributor receives a 440
salary;
(b) Amounts paid by the employer to provide life 442
insurance, sickness, accident, endowment, health, medical, 443
hospital, dental, or surgical coverage, or other insurance for 444
the contributor or the contributor's family, or amounts paid by 445
the employer to the contributor in lieu of providing the
insurance;
(c) Incidental benefits, including lodging, food, laundry, 447
parking, or services furnished by the employer, or use of the 448
employer's property or equipment, or amounts paid by the employer 449
to the contributor in lieu of providing the incidental benefits; 450
(d) Reimbursement for job-related expenses authorized by 452
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the employer, including moving and travel expenses and expenses 453
related to professional development; 454
(e) Payments for accrued but unused sick leave, personal 456
leave, or vacation that are made at any time other than in the 458
year in which the sick leave, personal leave, or vacation was 459
accrued;
(f) Payments made to or on behalf of a contributor that 461
are in excess of the annual compensation that may be taken into 462
account by the retirement system under division (a)(17) of 463
section 401 of the "Internal Revenue Code of 1986," 100 Stat. 464
2085, 26 U.S.C.A. 401(a)(17), as amended;
(g) Payments made under division (B) or (D) of section 466
5923.05 of the Revised Code or Section 4 of Substitute Senate 467
Bill No. 3 of the 119th general assembly; 468
(h) Anything of value received by the contributor that is 470
based on or attributable to retirement or an agreement to retire, 471
except that payments made on or before January 1, 1989, that are 472
based on or attributable to an agreement to retire shall be 473
included in earnable salary if both of the following apply: 474
(i) The payments are made in accordance with contract 476
provisions that were in effect prior to January 1, 1986; 477
(ii) The employer pays the retirement system an amount 479
specified by the retirement board equal to the additional 480
liability resulting from the payments. 481
(3) The retirement board shall determine by rule whether 483
any compensation not enumerated in division (R) of this section 484
is earnable salary, and its decision shall be final. 486
(S) "Pension reserve" means the present value, computed 488
upon the basis of the mortality and other tables adopted by the 489
board, of all payments to be made on account of any retirement 490
allowance or benefit in lieu of any retirement allowance, granted 491
to a member or beneficiary under this chapter.
(T)(1) "Contributing service" means all service credited 493
to a member of the system since January 1, 1935, for which 494
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contributions are made as required by sections 145.47, 145.48, 495
and 145.483 of the Revised Code. In any year subsequent to 1934, 496
credit for any service shall be allowed by the following formula: 497
(a) For each month for which the member's earnable salary 499
is two hundred fifty dollars or more, allow one month's credit. 500
(b) For each month for which the member's earnable salary 502
is less than two hundred fifty dollars, allow a fraction of a 503
month's credit. The numerator of this fraction shall be the 504
earnable salary during the month, and the denominator shall be 505
two hundred fifty dollars, except that if the member's annual 506
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 507
calendar year of employment during which the member worked each 508
month. Division (T)(1)(b) of this section shall not reduce any 510
credit earned before January 1, 1985.
(2) Notwithstanding division (T)(1) of this section, an 512
elected official who prior to January 1, 1980, was granted a full 513
year of credit for each year of service as an elected official 514
shall be considered to have earned a full year of credit for each 515
year of service regardless of whether the service was full-time 516
or part-time. The public employees retirement board has no
authority to reduce the credit. 517
(U) "State retirement board" means the public employees 519
retirement board, the school employees retirement board, or the 520
state teachers retirement board.
(V) "Retirant" means any former member who retires and is 522
receiving a monthly allowance as provided in sections 145.32, 523
145.33, 145.331, 145.34, and 145.46 of the Revised Code. 524
(W) "Employer contribution" means the amount paid by an 526
employer as determined by the employer rate including the normal 527
and deficiency contribution rates. 528
(X) "Public service terminates" means the last day for 530
which a public employee is compensated for services performed for 531
an employer or the date of the employee's death, whichever occurs 532
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first.
(Y) When a member has been elected or appointed to an 534
office, the term of which is two or more years, for which an 535
annual salary is established, and in the event that the salary of 536
the office is increased and the member is denied the additional 537
salary by reason of any constitutional provision prohibiting an
increase in salary during a term of office, the member may elect 538
to have the amount of the member's contributions calculated upon 539
the basis of the increased salary for the office. At the 540
member's request, the board shall compute the total additional 541
amount the member would have contributed, or the amount by which 542
each of the member's contributions would have increased, had the 543
member received the increased salary for the office the member
holds. If the member elects to have the amount by which the 544
member's contribution would have increased withheld from the 545
member's salary, the member shall notify the employer, and the 546
employer shall make the withholding and transmit it to the
retirement system. A member who has not elected to have that 547
amount withheld may elect at any time to make a payment to the 548
retirement system equal to the additional amount the member's 549
contribution would have increased, plus interest on that 550
contribution, compounded annually at a rate established by the 551
board and computed from the date on which the last contribution
would have been withheld from the member's salary to the date of 552
payment. A member may make a payment for part of the period for 553
which the increased contribution was not withheld, in which case 554
the interest shall be computed from the date the last 555
contribution would have been withheld for the period for which
the payment is made. Upon the payment of the increased 556
contributions as provided in this division, the increased annual 557
salary as provided by law for the office for the period for which 558
the member paid increased contributions thereon shall be used in 559
determining the member's earnable salary for the purpose of 560
computing the member's final average salary.
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(Z) "Five years of service credit," for the exclusive 562
purpose of satisfying the service credit requirements and of 563
determining eligibility for benefits under section 145.33 of the 564
Revised Code, means employment covered under this chapter or 565
under a former retirement plan operated, recognized, or endorsed
by the employer prior to coverage under this chapter or under a 566
combination of the coverage. 568
(AA) "Deputy sheriff" means any person who is commissioned 570
and employed as a full-time peace officer by the sheriff of any 571
county, and has been so employed since on or before December 31, 572
1965, and whose primary duties are to preserve the peace, to 573
protect life and property, and to enforce the laws of this state; 574
any person who is or has been commissioned and employed as a
peace officer by the sheriff of any county since January 1, 1966, 575
and who has received a certificate attesting to the person's 576
satisfactory completion of the peace officer training school as 577
required by section 109.77 of the Revised Code and whose primary 578
duties are to preserve the peace, protect life and property, and 579
enforce the laws of this state; or any person deputized by the
sheriff of any county and employed pursuant to section 2301.12 of 580
the Revised Code as a criminal bailiff or court constable who has 581
received a certificate attesting to the person's satisfactory 582
completion of the peace officer training school as required by 583
section 109.77 of the Revised Code and whose primary duties are 584
to preserve the peace, protect life and property, and enforce the 585
laws of this state.
(BB) "Township constable or police officer in a township 587
police department or district" means any person who is 588
commissioned and employed as a full-time peace officer pursuant 589
to Chapter 505. or 509. of the Revised Code, who has received a 590
certificate attesting to the person's satisfactory completion of
the peace officer training school as required by section 109.77 591
of the Revised Code, and whose primary duties are to preserve the 592
peace, protect life and property, and enforce the laws of this 593
17
state.
(CC) "Drug agent" means any person who is either of the 595
following:
(1) Employed full-time as a narcotics agent by a county 597
narcotics agency created pursuant to section 307.15 of the 598
Revised Code and has received a certificate attesting to the 599
satisfactory completion of the peace officer training school as 600
required by section 109.77 of the Revised Code;
(2) Employed full-time as an undercover drug agent as 602
defined in section 109.79 of the Revised Code and is in 603
compliance with section 109.77 of the Revised Code. 604
(DD) "Department of public safety enforcement agent" means 606
a full-time employee of the department of public safety who is 608
designated under section 5502.14 of the Revised Code as an 610
enforcement agent and who is in compliance with section 109.77 of 612
the Revised Code.
(EE) "Natural resources law enforcement staff officer" 614
means a full-time employee of the department of natural resources 615
who is designated a natural resources law enforcement staff 616
officer under section 1501.013 of the Revised Code and is in 619
compliance with section 109.77 of the Revised Code.
(FF) "Park officer" means a full-time employee of the 621
department of natural resources who is designated a park officer 623
under section 1541.10 of the Revised Code and is in compliance 624
with section 109.77 of the Revised Code.
(GG) "Forest officer" means a full-time employee of the 626
department of natural resources who is designated a forest 628
officer under section 1503.29 of the Revised Code and is in 629
compliance with section 109.77 of the Revised Code.
(HH) "Preserve officer" means a full-time employee of the 632
department of natural resources who is designated a preserve 633
officer under section 1517.10 of the Revised Code and is in 635
compliance with section 109.77 of the Revised Code. 637
(II) "Wildlife officer" means a full-time employee of the 639
18
department of natural resources who is designated a wildlife 641
officer under section 1531.13 of the Revised Code and is in 642
compliance with section 109.77 of the Revised Code. 643
(JJ) "State watercraft officer" means a full-time employee 646
of the department of natural resources who is designated a state 647
watercraft officer under section 1547.521 of the Revised Code and 648
is in compliance with section 109.77 of the Revised Code. 649
(KK) "Park district police officer" means a full-time 651
employee of a park district who is designated pursuant to section 653
511.232 or 1545.13 of the Revised Code and is in compliance with 654
section 109.77 of the Revised Code.
(LL) "Conservancy district officer" means a full-time 656
employee of a conservancy district who is designated pursuant to 658
section 6101.75 of the Revised Code and is in compliance with 659
section 109.77 of the Revised Code.
(MM) "Municipal police officer" means a member of the 661
organized police department of a municipal corporation who is 663
employed full-time, is in compliance with section 109.77 of the 664
Revised Code, and is not a member of the Ohio police and fire 665
pension fund. 666
(NN) "Ohio veterans' home police officer" means any person 669
who is employed at the Ohio veterans' home as a police officer 670
pursuant to section 5907.02 of the Revised Code and is in 671
compliance with section 109.77 of the Revised Code.
(OO) "Special police officer for a mental health 673
institution" means any person who is designated as such pursuant 675
to section 5119.14 of the Revised Code and is in compliance with 676
section 109.77 of the Revised Code.
(PP) "Special police officer for an institution for the 678
mentally retarded and developmentally disabled" means any person 680
who is designated as such pursuant to section 5123.13 of the 681
Revised Code and is in compliance with section 109.77 of the 682
Revised Code.
(QQ) "State university law enforcement officer" means any 684
19
person who is employed full-time as a state university law 686
enforcement officer pursuant to section 3345.04 of the Revised 687
Code and who is in compliance with section 109.77 of the Revised 688
Code.
(RR) "Hamilton county municipal court bailiff" means a 690
person appointed by the clerk of courts of the Hamilton county 692
municipal court under division (A)(3) of section 1901.32 of the 693
Revised Code who is employed full-time as a bailiff or deputy 694
bailiff, who has received a certificate attesting to the person's 695
satisfactory completion of the peace officer training school as
required by division (C) of section 109.77 of the Revised Code, 696
and whose primary duties are to preserve the peace, to protect 697
life and property, and to enforce the laws of this state. 698
(SS) Notwithstanding section 2901.01 of the Revised Code, 700
"law enforcement officer" means a sheriff, deputy sheriff, 702
township constable or police officer in a township police 703
department or district, drug agent, department of public safety 704
enforcement agent, natural resources law enforcement staff
officer, park officer, forest officer, preserve officer, wildlife 706
officer, state watercraft officer, park district police officer, 707
conservancy district officer, Ohio veterans' home police officer, 708
special police officer for a mental health institution, special 709
police officer for an institution for the mentally retarded and 710
developmentally disabled, state university law enforcement
officer, Hamilton county municipal court bailiff, or municipal 711
police officer.
(TT) "Fiduciary" means a person who does any of the 713
following: 714
(1) Exercises any discretionary authority or control with 716
respect to the management of the system or with respect to the 717
management or disposition of its assets; 718
(2) Renders investment advice for a fee, direct or 720
indirect, with respect to money or property of the system; 721
(3) Has any discretionary authority or responsibility in 723
20
the administration of the system. 724
(UU) "Actuary" means an individual who satisfies all of 726
the following requirements: 728
(1) Is a member of the American academy of actuaries; 730
(2) Is an associate or fellow of the society of actuaries; 732
(3) Has a minimum of five years' experience in providing 734
actuarial services to public retirement plans. 735
Sec. 145.23. The funds hereby created are the employees' 744
savings fund, the employers' accumulation fund, the annuity and 745
pension reserve fund, the income fund, the survivors' benefit 746
fund, and the expense fund. 747
(A) The employees' savings fund is the fund in which shall 749
be accumulated contributions from the earnable salaries of 750
contributors for the purchase of annuities or retirement 751
allowances. 752
The accumulated contributions of a contributor returned to 754
him THE CONTRIBUTOR upon his withdrawal, or paid to his THE 756
CONTRIBUTOR'S estate or designated beneficiary in the event of 757
his death, shall be paid from the employees' savings fund. Any 758
accumulated contributions forfeited by failure of a member, or 759
his A MEMBER'S estate, to claim the same, shall be transferred 761
from the employees' savings fund to the income fund. The 762
accumulated contributions of a contributor shall be transferred 763
from the employees' savings fund to the annuity and pension 764
reserve fund in the event of his THE CONTRIBUTOR'S retirement. 765
(B) The employers' accumulation fund is the fund in which 767
shall be accumulated the reserves for the payment of all pensions 768
and disability benefits payable as provided in this chapter. The 769
amounts paid by the state of Ohio and by any employer defined in 770
division (A) of section 145.01 of the Revised Code because of the 771
normal contributions and deficiency contributions shall be 772
credited to the employers' accumulation fund. 773
Any payments made into the employers' accumulation fund by 775
a member as provided in section 145.31 of the Revised Code shall 776
21
be refunded to such member under the conditions specified in 777
section 145.40 of the Revised Code. 778
Upon the retirement of a contributor, the full amount of 780
his THE CONTRIBUTOR'S pension reserve shall be transferred from 781
the employers' accumulation fund to the annuity and pension 783
reserve fund.
(C) The annuity and pension reserve fund is the fund from 785
which shall be paid all pensions, disability benefits, annuities, 786
and benefits in lieu thereof, because of which reserves have been 787
transferred from the employees' savings fund and the employers' 788
accumulation fund. 789
Any contributor may deposit in the employees' savings fund, 791
subject to rules established from time to time by the public 792
employees retirement board, such amounts as he THE CONTRIBUTOR 793
desires, and, at the time of age and service retirement, shall 795
receive in return therefor, at his THE CONTRIBUTOR'S option, 796
either an annuity having a reserve equal to the amount deposited 798
or a cash refund of such amounts together with such interest as 799
may have been allowed by the public employees retirement board at 800
the end of each calendar year. Such deposits for additional 801
annuity together with such interest as may have been allowed by 802
the public employees retirement board at the end of each calendar 803
year shall be refunded in the event of death prior to retirement 804
or withdrawal of accumulated contributions as provided in 805
sections 145.40 and 145.43 of the Revised Code or upon 806
application of the contributor prior to age and service 807
retirement.
FOR DEPOSITS RECEIVED IN A CALENDAR YEAR, INTEREST SHALL BE 810
EARNED BEGINNING ON THE FIRST DAY OF THE CALENDAR YEAR NEXT
FOLLOWING AND ENDING ON THE LAST DAY OF THAT YEAR, EXCEPT THAT IN 812
THE CASE OF A PAYMENT UNDER THIS DIVISION MADE PRIOR TO THE LAST 814
DAY OF A YEAR, INTEREST SHALL BE EARNED ENDING ON THE LAST DAY OF 815
THE MONTH PRIOR TO THE DATE OF PAYMENT. THE BOARD SHALL CREDIT 816
INTEREST AT THE END OF THE CALENDAR YEAR IN WHICH IT IS EARNED. 817
22
(D) The income fund is the fund from which interest is 819
transferred and credited on the amounts in the funds described in 820
divisions (B), (C), and (F) of this section, and is a contingent 821
fund from which the special requirements of the funds may be paid 822
by transfer from this fund. All income derived from the 823
investment of funds by the public employees retirement board as 824
trustee under section 145.11 of the Revised Code, together with 825
all gifts and bequests, or the income therefrom, shall be paid 826
into this fund. 827
Any deficit occurring in any other fund that will not be 829
covered by payments to that fund, as otherwise provided in 830
Chapter 145. of the Revised Code, shall be paid by transfers of 831
amounts from the income fund to such fund or funds. If the 832
amount in the income fund is insufficient at any time to meet the 833
amounts payable therefrom, the amount of the deficiency, with 834
regular interest, shall be paid by an additional employer rate of 835
contributions as determined by the actuary, not to exceed 836
fourteen per cent, and the amount of the additional employer 837
contribution shall be credited to the income fund. 838
The public employees retirement board may accept gifts and 840
bequests. Any funds that may come into possession of the public 841
employees retirement board in this manner, or which may be 842
transferred from the employees' savings fund by reason of lack of 843
a claimant, or any surplus in any fund created by this section, 844
or any other funds whose disposition is not otherwise provided 845
for, shall be credited to the income fund. 846
(E) The expense fund is the fund from which shall be paid 848
the expenses of the administration of this chapter, exclusive of 849
amounts payable as retirement allowances and as other benefits. 850
(F) The survivors' benefit fund is the fund from which 852
shall be paid dependent survivor benefits provided by section 853
145.45 of the Revised Code. 854
Sec. 145.31. Except as provided in this section, a member 863
or former member of the public employees retirement system with 865
23
at least eighteen months of contributing service credit in this 866
system, the state teachers retirement system, the school 867
employees retirement system, the Ohio police and fire pension 869
fund, or the state highway patrol retirement system, after the 870
withdrawal of ACCUMULATED contributions and cancellation of 871
service credit in this system, may restore such service credit by 873
redepositing in the employees' savings fund the amount withdrawn, 874
with interest on such amount compounded annually at a rate to be 875
determined by the public employees retirement board from the 876
first day of the month of withdrawal to and including the month 877
of redeposit. The AMOUNT REDEPOSITED SHALL BE CREDITED AS 878
FOLLOWS:
(A) THE AMOUNT THAT EQUALS THE AMOUNT, IF ANY, INCLUDED 880
UNDER SECTION 145.401 OF THE REVISED CODE IN THE WITHDRAWAL OF 882
ACCUMULATED CONTRIBUTIONS UNDER SECTION 145.40 OF THE REVISED 883
CODE SHALL BE CREDITED TO THE EMPLOYERS' ACCUMULATION FUND. 884
(B) THE REMAINING AMOUNT SHALL BE CREDITED TO THE MEMBER'S 886
ACCOUNT IN THE EMPLOYEES' SAVINGS FUND. 887
THE member may choose to purchase only part of such credit 890
in any one payment, subject to board rules. The EXCEPT FOR ANY 892
AMOUNT INCLUDED UNDER SECTION 145.401 OF THE REVISED CODE IN THE 893
WITHDRAWAL OF ACCUMULATED CONTRIBUTIONS UNDER SECTION 145.40 OF 894
THE REVISED CODE, THE total payment to restore canceled service 896
credit, plus any interest credited thereto, shall be considered 897
as accumulated contributions of the member. If a former member 898
is eligible to buy the service credit as a member of the Ohio 899
police and fire pension fund or state highway patrol retirement 901
system, the former member is ineligible to restore that service
credit under this section. 902
Any employee who has been refunded the employee's 904
accumulated contributions to the public employees retirement 905
system solely by reason of membership in a former firemen's 906
relief and pension fund or a former police relief and pension 907
fund may restore membership in the public employees retirement 908
24
system by redepositing with the system the amount refunded, with 909
interest on such amount compounded annually at a rate to be 910
determined by the board from the month of refund to and including 911
the month of redeposit. The member may choose to purchase only 912
part of such credit in any one payment, subject to board rules. 913
Sec. 145.37. (A) As used in this section: 922
(1) "State retirement system" means the public employees 924
retirement system, school employees retirement system, or state 925
teachers retirement system. 926
(2) "Total service credit" means all service credit earned 928
in the state retirement systems, except credit for service 929
subject to section 145.38 of the Revised Code. Total service 930
credit shall not exceed one year of credit for any twelve-month 931
period. 932
(3) In addition to the meaning given in division (N) of 934
section 145.01 of the Revised Code, "disability benefit" means 935
"disability benefit" as defined in sections 3307.01 and 3309.01 936
of the Revised Code. 937
(B) To coordinate and integrate membership in the state 939
retirement systems, the following provisions apply: 940
(1) At the option of a member, total contributions and 942
service credit in all state retirement systems, including amounts 943
paid to restore service credit under sections 145.311, 3307.711, 945
and 3309.261 of the Revised Code, shall be used in determining 947
the eligibility and total retirement or disability benefit 948
payable. When total contributions and service credit are so 949
combined, the following provisions apply:
(a) Age and service retirement or disability benefits are 951
effective on the first day of the month immediately following the 952
later of: 953
(i) The last day for which compensation was paid; 955
(ii) The attainment of minimum age or service credit 957
eligibility for benefits provided under this section. 958
(b) In determining eligibility for a disability benefit, 960
25
the medical examiner's report to the retirement board of any 961
state retirement system, showing that the member's disability 962
incapacitates the member for the performance of duty, may be 963
accepted by the state retirement boards as sufficient for 965
granting a disability benefit. 966
(c) The state retirement system in which the member had 968
the greatest service credit, without adjustment, shall determine 969
and pay the total retirement or disability benefit. Where the 970
member's credit is equal in two or more state retirement systems, 972
the system having the largest total contributions of the member 973
shall determine and pay the total benefit. 974
(d) In determining the total credit to be used in 976
calculating a retirement or disability benefit, credit shall not 977
be reduced below that certified by the system or systems 978
transferring credit, except that such total combined service 979
credit shall not exceed one year of credit for any one "year" as 980
defined in the law of the system making the calculation. 981
(e) The state retirement system determining and paying a 983
retirement or disability benefit shall receive from the other 984
system or systems the member's refundable account at retirement 985
or the effective date of a disability benefit plus an equal 986
amount from the employer's EMPLOYERS' accumulation fund EQUAL TO 988
THE MEMBER'S REFUNDABLE ACCOUNT LESS INTEREST CREDITED UNDER
SECTION 145.471, 145.472, OR 3307.563 OF THE REVISED CODE. 989
(i) The annuity rates and mortality tables of the state 991
retirement system making the calculation and paying the benefit 992
shall be exclusively applicable. 993
(ii) Deposits made for the purpose of an additional 995
annuity, and including guaranteed interest, upon the request of 996
the member, shall be transferred to the state retirement system 997
paying the benefit. The return upon such deposits shall be that 998
offered by the state retirement system making the calculation and 999
paying the benefit. 1,000
(2) A former member receiving a retirement or disability 1,002
26
benefit under this section, who accepts employment amenable to 1,003
coverage in any state retirement system that participated in the 1,004
former member's combined benefit, shall be subject to the 1,006
applicable provisions of law governing such re-employment. If 1,007
the former member is subject to section 3307.35 of the Revised 1,008
Code and exceeds the limits on re-employment established by that 1,010
section, the state retirement system paying a combined benefit 1,011
shall terminate the entire pension portion of the benefit for the 1,012
period of re-employment that exceeds the limit in that section. 1,013
If a former member should be paid any amount in a retirement 1,014
benefit, to which the former member is not entitled under the 1,015
applicable provisions of law governing such re-employment, such 1,017
amount shall be recovered by the state retirement system paying 1,018
such benefit by utilizing any recovery procedure available under 1,019
the code provisions of the state retirement system covering such 1,020
re-employment.
(C) A PERS retirant or other system retirant, as defined 1,022
in section 145.38 of the Revised Code, is not eligible to receive 1,023
any benefit under this section for service subject to section 1,024
145.38 of the Revised Code. 1,025
Sec. 145.38. (A) As used in this section: 1,034
(1) "PERS retirant" means a former member of the public 1,036
employees retirement system who is receiving either of the 1,037
following:
(a) Age and service retirement benefits under section 1,039
145.32, 145.33, 145.331, 145.34, or 145.46 of the Revised Code; 1,040
(b) Age and service retirement benefits paid by the public 1,042
employees retirement system under section 145.37 of the Revised 1,043
Code. 1,044
(2) "Other system retirant" means both of the following: 1,046
(a) A member or former member of the Ohio police and fire 1,049
pension fund, state teachers retirement system, school employees 1,050
retirement system, state highway patrol retirement system, or 1,051
Cincinnati retirement system who is receiving age and service or 1,052
27
commuted age and service retirement benefits or a disability 1,053
benefit from a system of which the person is a member or former 1,054
member;
(b) A member or former member of the public employees 1,056
retirement system who is receiving age and service retirement 1,057
benefits or a disability benefit under section 145.37 of the 1,058
Revised Code paid by the school employees retirement system or 1,059
the state teachers retirement system. 1,060
(B)(1) Subject to this section, a PERS retirant or other 1,062
system retirant may be employed by a public employer. If so 1,063
employed, the PERS retirant or other system retirant shall 1,064
contribute to the public employees retirement system in 1,065
accordance with section 145.47 of the Revised Code, and the 1,066
employer shall make contributions in accordance with section 1,067
145.48 of the Revised Code. 1,068
(2) A public employer that employs a PERS retirant or 1,070
other system retirant, or enters into a contract for services as 1,071
an independent contractor with a PERS retirant who was employed 1,072
by the public employer at the time of the retirant's retirement 1,074
shall notify the retirement board of the employment or contract
not later than the end of the month in which the employment or 1,076
contract commences. Any overpayment of benefits to a PERS 1,077
retirant by the retirement system resulting from delay or failure 1,078
of the employer to give the notice shall be repaid to the 1,079
retirement system by the employer. 1,080
(3) On receipt of notice from a public employer that a 1,082
person who is an other system retirant has been employed, the 1,083
retirement system shall notify the retirement system of which the 1,084
other system retirant was a member of such employment. 1,085
(4)(a) A PERS retirant who has received a retirement 1,088
allowance for less than six TWO months when employment subject to 1,090
this section commences shall forfeit the retirement allowance for 1,091
the period that begins on the date the employment commences and 1,092
ends on the EARLIER OF THE date THE EMPLOYMENT TERMINATES OR THE 1,093
28
DATE that is six TWO months after the date on which the 1,094
retirement allowance commenced. Service and contributions for 1,096
that period shall not be included in calculation of any benefits 1,097
payable to the PERS retirant and those contributions shall be 1,099
refunded on the retirant's death or termination of the 1,100
employment. For purposes of this division, "employment" shall 1,101
include service for which the retirant or the retirant's 1,103
employer, or both, have waived any earnable salary for such 1,104
service.
(b) An other system retirant who has received a retirement 1,106
allowance or disability benefit for less than two months when 1,108
employment subject to this section commences shall forfeit the 1,109
retirement allowance or disability benefit for the period that 1,110
begins on the date the employment commences and ends on the 1,111
EARLIER OF THE date THE EMPLOYMENT TERMINATES OR THE DATE that is 1,112
two months after the date on which the retirement allowance or 1,113
disability benefit commenced. Service and contributions for that 1,114
period shall not be included in the calculation of any benefits 1,115
payable to the other system retirant and those contributions 1,116
shall be refunded on the retirant's death or termination of the 1,117
employment.
(5) On receipt of notice from the Ohio police and fire 1,120
pension fund, school employees retirement system, or state 1,122
teachers retirement system of the re-employment of a PERS 1,123
retirant, the public employees retirement system shall not pay,
or if paid, shall recover, the amount to be forfeited by the PERS 1,124
retirant in accordance with section 742.26, 3307.35, or 3309.341 1,126
of the Revised Code. 1,127
(6) A PERS retirant who enters into a contract to provide 1,129
services as an independent contractor to the employer by which 1,130
the retirant was employed at the time of retirement or, less than 1,132
two months after the retirement allowance commences, begins
providing services as an independent contractor pursuant to a 1,133
contract with another public employer, shall forfeit the pension 1,134
29
portion of the retirement benefit for the period beginning the 1,135
first day of the month following the month in which the services 1,136
begin and ending on the first day of the month following the 1,137
month in which the services end. The annuity portion of the 1,138
retirement allowance shall be suspended on the day services under 1,139
the contract begin and shall accumulate to the credit of the 1,140
retirant to be paid in a single payment after services provided 1,141
under the contract terminate. A PERS retirant subject to 1,142
division (B)(6) of this section shall not contribute to the 1,143
retirement system and shall not become a member of the system. 1,144
(7) AS USED IN THIS DIVISION, "EMPLOYMENT" INCLUDES 1,146
SERVICE FOR WHICH A PERS RETIRANT OR OTHER SYSTEM RETIRANT, THE 1,147
RETIRANT'S EMPLOYER, OR BOTH, HAVE WAIVED ANY EARNABLE SALARY FOR 1,148
THE SERVICE.
(C)(1) Except as provided in division (C)(4) of this 1,150
section, a PERS retirant employed pursuant to this section shall 1,153
elect one of the following:
(a) To receive both compensation for the employment and a 1,156
retirement allowance;
(b) To receive compensation for the employment and forfeit 1,159
the pension portion of the retirement allowance.
(2) A PERS retirant who is described in division (C)(4) of 1,163
this section or elects to forfeit the pension portion of the 1,164
retirement allowance under, PRIOR TO THE EFFECTIVE DATE OF THIS 1,165
AMENDMENT, MADE AN ELECTION UNDER division (C)(1)(b) of this 1,167
section shall become a new AS THAT DIVISION EXISTED IMMEDIATELY 1,168
PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT, AND A PERS 1,169
RETIRANT WHO ELECTS UNDER SECTION 6 OF AM. SUB. S.B. NO. 144 OF 1,170
THE 123rd GENERAL ASSEMBLY ELECTS TO BE SUBJECT TO THIS SECTION 1,172
IS A member of the public employees retirement system with all 1,174
the rights, privileges, and obligations of membership, except 1,175
that the new membership does not include survivor benefits 1,176
provided pursuant to section 145.45 of the Revised Code OR, 1,177
BEGINNING ON THE NINETIETH DAY AFTER THE EFFECTIVE DATE OF THIS 1,178
30
AMENDMENT, ANY AMOUNT CALCULATED UNDER SECTION 145.401 OF THE
REVISED CODE. The pension portion of the PERS retirant's 1,179
retirement allowance shall cease on the first day of the first 1,180
month following commencement of the employment and shall 1,181
thereafter be forfeited until the first day of the first month 1,182
following termination of the employment. The annuity portion of 1,183
the retirement allowance shall be suspended on the first day of 1,184
the first month following commencement of the employment and 1,185
shall thereafter accumulate to the credit of the PERS retirant to 1,187
be paid in a single payment after termination of the employment. 1,188
The retirement allowance shall resume on the first day of the 1,189
first month following termination of the employment. On 1,190
termination of the employment, the PERS retirant shall elect to 1,192
receive either a refund of the retirant's contributions to the 1,194
retirement system during the period of employment subject to this 1,195
section or a supplemental retirement allowance based on the 1,196
retirant's contributions and service credit for that period of 1,197
employment.
(3) Except as provided in division (B)(4) of this section, 1,199
there shall be no suspension or forfeiture of any portion of the 1,200
retirement allowance payable to other system retirants or to PERSretirants who make an election under division (C)(1)(a) of this 1,203
section. 1,204
(4) A PERS retirant shall elect division (C)(1)(b) of this 1,207
section if both of the following apply:
(a) The retirant held elective office in this state, or in 1,209
any municipal corporation, county, or other subdivision of this 1,210
state at the time of retirement under Chapter 145. of the Revised 1,211
Code;
(b) The retirant was elected or appointed to the same 1,213
office for the remainder of the term or the term immediately 1,214
following the term during which the retirement occurred. 1,215
(D)(1) On termination of employment under this section, 1,217
the AN OTHER SYSTEM RETIRANT OR A PERS retirant who makes an 1,219
31
election under IS NOT SUBJECT TO division (C)(1)(a) of this 1,222
section or other system retirant may file an application with the 1,223
public employees retirement system for a benefit under this 1,224
division, which. THE BENEFIT shall consist of a single life 1,225
annuity having a reserve equal to the amount of the retirant's 1,226
accumulated contributions for the period of employment, OTHER 1,227
THAN THE CONTRIBUTIONS EXCLUDED PURSUANT TO DIVISION (B)(4) OF 1,228
THIS SECTION, and an equal amount of the employer's 1,230
contributions. The PERS retirant or other system retirant shall 1,231
elect either to receive the benefit as a monthly annuity for life 1,232
or a lump-sum payment discounted to the present value using the 1,233
current actuarial assumption rate of interest, except that if the 1,234
monthly annuity would be less than twenty-five dollars per month, 1,235
the retirant shall receive a lump-sum payment. 1,236
(2) A benefit payable under this division shall commence 1,238
on the latest of the following: 1,239
(a) The last day for which compensation for employment 1,241
subject to this section was paid; 1,242
(b) Attainment by the PERS retirant or other system 1,244
retirant of age sixty-five; 1,245
(c) If the PERS retirant or other system retirant was 1,247
previously employed under this section and is receiving or 1,248
previously received a benefit under this division, completion of 1,249
a period of twelve months since the effective date of the last 1,250
benefit under this division. 1,251
(3)(a) If a PERS retirant or other system retirant dies 1,253
while employed in employment subject to this section, a lump-sum 1,254
payment calculated in accordance with division (D)(1) of this 1,256
section shall be paid to the retirant's beneficiary under 1,257
division (G) of this section. 1,258
(b) If at the time of death a PERS retirant or other 1,260
system retirant receiving a monthly annuity has received less 1,261
than the retirant would have received as a lump-sum payment, the 1,263
difference between the amount received and the amount that would 1,264
32
have been received as a lump-sum payment shall be paid to the 1,265
retirant's beneficiary under division (G) of this section. 1,266
(4)(a) A PERS retirant or other system retirant subject to 1,268
this division is not a member of the public employees retirement 1,269
system, does not have any of the rights, privileges, or 1,270
obligations of membership, except as specified in this section, 1,271
and, except as specified in division (D)(4)(b) of this section, 1,273
is not eligible to receive health, medical, hospital, or surgical 1,274
benefits under section 145.58 of the Revised Code for employment 1,275
subject to this section. No amount received under this division 1,276
shall be included in determining an additional benefit under 1,277
section 145.323 of the Revised Code or any other post-retirement 1,278
benefit increase. 1,279
(b) A PERS retirant who makes an election under SUBJECT TO 1,281
THIS division (C)(1)(a) of this section shall receive primary 1,284
health, medical, hospital, or surgical insurance coverage from 1,285
the retirant's employer, if the employer provides coverage to 1,286
other employees performing comparable work. Neither the employer 1,287
nor the PERS retirant may waive the employer's coverage, except 1,288
that the PERS retirant may waive the employer's coverage if the 1,289
retirant has coverage comparable to that provided by the employer 1,290
from a source other than the employer or the public employees 1,291
retirement system. If a claim is made, the employer's coverage 1,292
shall be the primary coverage and shall pay first. The benefits 1,293
provided under section 145.58 of the Revised Code shall pay only 1,294
those medical expenses not paid through the employer's coverage 1,295
or coverage the PERS retirant receives through a source other 1,296
than the retirement system. 1,297
(E) If the disability benefit of an other system retirant 1,299
employed under this section is terminated, the retirant shall 1,300
become a member of the public employees retirement system, 1,301
effective on the first day of the month next following the 1,302
termination with all the rights, privileges, and obligations of 1,303
membership. If such person, after the termination of the 1,304
33
disability benefit, earns two years of service credit under this 1,305
system or under the Ohio police and fire pension fund, state 1,307
teachers retirement system, school employees retirement system, 1,308
or state highway patrol retirement system, the person's prior 1,309
contributions as an other system retirant under this section 1,310
shall be included in the person's total service credit as a 1,311
public employees retirement system member, and the person shall 1,312
forfeit all rights and benefits of this section. Not more than 1,313
one year of credit may be given for any period of twelve months. 1,314
(F) A PERS retirant who performs services for a public 1,317
employer as an independent contractor pursuant to a contract with 1,318
the employer shall not make contributions to the public employees 1,319
retirement system or become a member of the system. Except as 1,320
provided in division (B)(6) of this section, there shall be no 1,321
suspension or forfeiture of the retirant's retirement allowance. 1,322
(G)(F) A PERS retirant or other system retirant employed 1,325
under this section may designate one or more persons as 1,326
beneficiary to receive any benefits payable under this section 1,327
due to death. The designation shall be in writing duly executed 1,329
on a form provided by the public employees retirement board, 1,330
signed by the PERS retirant or other system retirant, and filed 1,331
with the board prior to death. The last designation of a 1,332
beneficiary revokes all previous designations. The PERS
retirant's or other system retirant's marriage, divorce, marriage 1,333
dissolution, legal separation, withdrawal of account, birth of a 1,335
child, or adoption of a child revokes all previous designations. 1,336
If there is no designated beneficiary, the beneficiary is the 1,337
beneficiary determined under division (D) of section 145.43 of 1,338
the Revised Code. If any benefit payable under this section due 1,339
to the death of a PERS retirant or other system retirant is not 1,340
claimed by a beneficiary within five years after the death, the 1,341
amount payable shall be transferred to the income fund and 1,342
thereafter paid to the beneficiary or the estate of the PERS 1,343
retirant or other system retirant on application to the board.
34
(H)(G) This section does not affect the receipt of 1,345
benefits by or eligibility for benefits of any person who on 1,346
August 20, 1976, was receiving a disability benefit or service 1,347
retirement pension or allowance from a state or municipal 1,348
retirement system in Ohio and was a member of any other state or 1,349
municipal retirement system of this state. 1,350
(I)(H) The public employees retirement board may adopt 1,352
rules to carry out this section. 1,353
Sec. 145.383. (A) AS USED IN THIS SECTION: 1,355
(1) "COMPENSATION" HAS THE SAME MEANING AS IN SECTION 1,357
3307.01 OR 3309.01 OF THE REVISED CODE, AS APPROPRIATE. 1,358
(2) "PERS POSITION" MEANS A POSITION FOR WHICH A MEMBER OF 1,360
THE PUBLIC EMPLOYEES RETIREMENT SYSTEM IS MAKING CONTRIBUTIONS TO 1,361
THE SYSTEM. 1,362
(3) "OTHER STATE RETIREMENT SYSTEM" MEANS THE STATE 1,364
TEACHERS RETIREMENT SYSTEM OR THE SCHOOL EMPLOYEES RETIREMENT 1,365
SYSTEM.
(4) "STATE RETIREMENT SYSTEM" MEANS THE PUBLIC EMPLOYEES 1,367
RETIREMENT SYSTEM, STATE TEACHERS RETIREMENT SYSTEM, OR THE 1,368
SCHOOL EMPLOYEES RETIREMENT SYSTEM. 1,369
(B)(1) A MEMBER OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,371
WHO HOLDS TWO OR MORE PERS POSITIONS MAY RETIRE UNDER SECTION 1,372
145.32, 145.33, 145.331, 145.34, 145.37, OR 145.46 OF THE REVISED 1,374
CODE FROM THE POSITION FOR WHICH THE ANNUAL EARNABLE SALARY AT 1,375
THE TIME OF RETIREMENT IS HIGHEST AND CONTINUE TO CONTRIBUTE TO 1,377
THE RETIREMENT SYSTEM FOR THE OTHER PERS POSITION OR POSITIONS. 1,378
(2) A MEMBER OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM WHO 1,380
ALSO HOLDS ONE OR MORE OTHER POSITIONS COVERED BY THE OTHER STATE 1,381
RETIREMENT SYSTEMS MAY RETIRE UNDER SECTION 145.32, 145.33, 1,382
145.331, 145.34, 145.37, OR 145.46 OF THE REVISED CODE FROM THE 1,383
PERS POSITION AND CONTINUE CONTRIBUTING TO THE OTHER STATE 1,386
RETIREMENT SYSTEMS IF THE ANNUAL EARNABLE SALARY FOR THE PERS 1,387
POSITION AT THE TIME OF RETIREMENT IS GREATER THAN ANNUAL 1,389
COMPENSATION FOR THE POSITION, OR ANY OF THE POSITIONS, COVERED
35
BY THE OTHER STATE RETIREMENT SYSTEMS. 1,392
(3) A MEMBER OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM WHO 1,394
HOLDS TWO OR MORE PERS POSITIONS AND AT LEAST ONE OTHER POSITION 1,395
COVERED BY ONE OF THE OTHER STATE RETIREMENT SYSTEMS MAY RETIRE 1,396
UNDER SECTION 145.32, 145.33, 145.331, 145.34, 145.37, OR 145.46 1,397
OF THE REVISED CODE FROM ONE OF THE PERS POSITIONS AND CONTINUE 1,399
CONTRIBUTING TO THE PUBLIC EMPLOYEES RETIREMENT SYSTEM AND THE 1,400
OTHER STATE RETIREMENT SYSTEM IF THE ANNUAL EARNABLE SALARY FOR 1,401
THE PERS POSITION FROM WHICH THE MEMBER IS RETIRING IS, AT THE 1,402
TIME OF RETIREMENT, GREATER THAN THE ANNUAL COMPENSATION OR 1,404
EARNABLE SALARY FOR ANY OF THE POSITIONS FOR WHICH THE MEMBER IS 1,406
CONTINUING TO MAKE CONTRIBUTIONS.
(4) A MEMBER OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM WHO 1,408
HAS RETIRED AS PROVIDED IN DIVISION (B)(2) OR (3) OF SECTION 1,409
3307.351 OR DIVISION (B)(2) OR (3) OF SECTION 3309.343 OF THE 1,410
REVISED CODE MAY CONTINUE TO CONTRIBUTE TO THE PUBLIC EMPLOYEES 1,412
RETIREMENT SYSTEM FOR A PERS POSITION IF THE MEMBER HELD THE 1,413
POSITION AT THE TIME OF RETIREMENT FROM THE OTHER STATE 1,414
RETIREMENT SYSTEM.
(5) A MEMBER WHO CONTRIBUTES TO THE PUBLIC EMPLOYEES 1,416
RETIREMENT SYSTEM IN ACCORDANCE WITH DIVISION (B)(1), (3), OR (4) 1,417
OF THIS SECTION SHALL CONTRIBUTE IN ACCORDANCE WITH SECTION 1,418
145.47 OF THE REVISED CODE. THE MEMBER'S EMPLOYER SHALL 1,419
CONTRIBUTE AS PROVIDED IN SECTION 145.48 OF THE REVISED CODE. 1,421
NEITHER THE MEMBER NOR THE MEMBER'S SURVIVORS ARE ELIGIBLE FOR 1,422
ANY BENEFITS BASED ON THOSE CONTRIBUTIONS OTHER THAN THOSE 1,423
PROVIDED UNDER THIS SECTION OR SECTION 3307.351 OR 3309.343 OF 1,424
THE REVISED CODE.
(C)(1) IN DETERMINING RETIREMENT ELIGIBILITY AND THE 1,426
ANNUAL RETIREMENT ALLOWANCE OF A MEMBER WHO RETIRES AS PROVIDED 1,427
IN DIVISION (B)(1), (2), OR (3) OF THIS SECTION, THE FOLLOWING 1,428
SHALL BE USED TO THE DATE OF RETIREMENT: 1,429
(a) THE MEMBER'S EARNABLE SALARY AND COMPENSATION FOR ALL 1,431
POSITIONS COVERED BY A STATE RETIREMENT SYSTEM; 1,432
36
(b) TOTAL SERVICE CREDIT IN ANY STATE RETIREMENT SYSTEM, 1,434
EXCEPT THAT THE CREDIT SHALL NOT EXCEED ONE YEAR OF CREDIT FOR 1,435
ANY PERIOD OF TWELVE MONTHS; 1,436
(c) ALL CONTRIBUTIONS, INCLUDING AMOUNTS PAID TO PURCHASE 1,438
SERVICE CREDIT AND AMOUNTS PAID TO RESTORE SERVICE CREDIT UNDER 1,439
SECTIONS 145.311, 3307.711, AND 3309.261 OF THE REVISED CODE. 1,441
(2) A MEMBER WHO RETIRES AS PROVIDED IN DIVISION (B)(1), 1,443
(2), OR (3) OF THIS SECTION IS A RETIRANT FOR ALL PURPOSES OF 1,444
THIS CHAPTER, EXCEPT THAT THE MEMBER IS NOT SUBJECT TO SECTION 1,445
145.38 OF THE REVISED CODE FOR A POSITION OR POSITIONS FOR WHICH 1,446
CONTRIBUTIONS CONTINUE UNDER THOSE DIVISIONS OR DIVISION (B)(4) 1,447
OF THIS SECTION. 1,448
(D) ON RETIREMENT FROM A POSITION FOR WHICH CONTRIBUTIONS 1,450
WERE MADE UNDER DIVISION (B)(1), (3), OR (4) OF THIS SECTION, THE 1,451
RETIRED MEMBER IS ELIGIBLE FOR A BENEFIT CONSISTING OF A SINGLE 1,452
LIFE ANNUITY HAVING A RESERVE EQUAL TO THE AMOUNT OF THE RETIRED 1,454
MEMBER'S ACCUMULATED CONTRIBUTIONS UNDER DIVISION (B)(1), (3), OR 1,455
(4) OF THIS SECTION PLUS AN EQUAL AMOUNT OF THE EMPLOYER'S 1,456
CONTRIBUTIONS. THE RETIRED MEMBER SHALL ELECT EITHER TO RECEIVE 1,457
THE BENEFIT AS A MONTHLY ANNUITY FOR LIFE OR A LUMP-SUM PAYMENT 1,458
DISCOUNTED TO THE PRESENT VALUE USING THE CURRENT ACTUARIAL 1,460
ASSUMPTION RATE OF INTEREST, EXCEPT THAT IF THE ANNUITY WOULD BE 1,461
LESS THAN TWENTY-FIVE DOLLARS PER MONTH, THE RETIRED MEMBER SHALL 1,462
RECEIVE A LUMP-SUM PAYMENT.
A BENEFIT PAYABLE UNDER THIS DIVISION COMMENCES ON THE 1,464
LATER OF THE FIRST DAY OF THE FIRST MONTH FOLLOWING THE LAST DAY 1,466
FOR WHICH THE RETIRED MEMBER CONTRIBUTED UNDER DIVISION (B)(1), 1,467
(3), OR (4) OF THIS SECTION OR ATTAINMENT BY THE RETIRED MEMBER 1,468
OF AGE SIXTY-FIVE.
A RETIRED MEMBER RECEIVING A BENEFIT UNDER THIS DIVISION IS 1,470
NOT A MEMBER OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM AND DOES 1,471
NOT HAVE ANY RIGHTS, PRIVILEGES, OR OBLIGATIONS OF MEMBERSHIP. 1,472
NO AMOUNTS RECEIVED UNDER THIS DIVISION SHALL BE INCLUDED IN 1,473
DETERMINING AN INCREASE UNDER SECTION 145.323 OF THE REVISED CODE 1,474
37
OR ANY OTHER POST-RETIREMENT BENEFIT INCREASE. THE RETIRED 1,475
MEMBER IS A PERS RETIRANT FOR PURPOSES OF SECTION 145.38 OF THE 1,476
REVISED CODE. 1,477
(E) IF A MEMBER CONTRIBUTING TOWARD A BENEFIT UNDER 1,479
DIVISION (D) OF THIS SECTION DIES BEFORE RECEIVING THE BENEFIT, A 1,481
LUMP SUM CALCULATED IN ACCORDANCE WITH THAT DIVISION SHALL BE 1,482
PAID TO THE BENEFICIARY DESIGNATED UNDER DIVISION (F) OF THIS 1,484
SECTION.
IF A RETIRED MEMBER RECEIVING A MONTHLY ANNUITY UNDER 1,486
DIVISION (D) OF THIS SECTION DIES BEFORE RECEIVING AN AMOUNT 1,487
EQUAL TO THE LUMP-SUM PAYMENT THAT WOULD BE PAID UNDER THAT 1,488
DIVISION, THE DIFFERENCE BETWEEN THE AMOUNT RECEIVED AND THE 1,489
AMOUNT THAT WOULD HAVE BEEN PAID AS A LUMP-SUM PAYMENT SHALL BE 1,490
PAID TO THE BENEFICIARY DESIGNATED UNDER DIVISION (F) OF THIS 1,491
SECTION.
(F) A RETIRED MEMBER MAY DESIGNATE ONE OR MORE PERSONS AS 1,493
BENEFICIARY TO RECEIVE ANY BENEFITS PAYABLE UNDER DIVISION (E) OF 1,494
THIS SECTION DUE TO DEATH. THE DESIGNATION SHALL BE IN WRITING 1,495
DULY EXECUTED ON A FORM PROVIDED BY THE PUBLIC EMPLOYEES 1,496
RETIREMENT SYSTEM, SIGNED BY THE RETIRED MEMBER AND FILED WITH 1,497
THE BOARD PRIOR TO DEATH. THE LAST DESIGNATION OF THE 1,498
BENEFICIARY REVOKES ALL PREVIOUS DESIGNATIONS. THE RETIRED 1,499
MEMBER'S MARRIAGE, DIVORCE, MARRIAGE TERMINATION, LEGAL 1,500
SEPARATION, OR BIRTH OR ADOPTION OF A CHILD REVOKES ALL PREVIOUS 1,501
DESIGNATIONS. IF THERE IS NO DESIGNATED BENEFICIARY, THE
BENEFICIARY IS THE BENEFICIARY DETERMINED UNDER DIVISION (D) OF 1,502
SECTION 145.43 OF THE REVISED CODE. IF ANY BENEFIT PAYABLE UNDER 1,503
THIS SECTION DUE TO THE DEATH OF A RETIRED MEMBER IS NOT CLAIMED 1,504
BY A BENEFICIARY WITHIN FIVE YEARS AFTER DEATH, THE AMOUNT 1,505
PAYABLE SHALL BE TRANSFERRED TO THE INCOME FUND AND THEREAFTER 1,506
PAID TO THE BENEFICIARY OR THE ESTATE OF THE RETIRED MEMBER ON 1,507
APPLICATION TO THE SYSTEM. 1,508
(G) THE PUBLIC EMPLOYEES RETIREMENT BOARD MAY ADOPT RULES 1,510
TO CARRY OUT THIS SECTION. 1,511
38
Sec. 145.40. (A)(1) Subject to the provisions of section 1,520
145.57 of the Revised Code, if a member elects to become exempt 1,521
from contribution to the public employees retirement system 1,522
pursuant to section 145.03 of the Revised Code or ceases to be a 1,523
public employee for any cause other than death, retirement, 1,524
receipt of a disability benefit, or election of an alternative 1,525
retirement plan under section 3305.05 of the Revised Code, upon 1,526
application the public employees retirement board shall pay the 1,528
member the accumulated contributions standing to the credit of 1,529
the member's individual account in the employees' savings fund, 1,531
plus any principal payment and interest on it the member may have 1,532
made to purchase additional service credit under this chapter or 1,534
Section 4 of Substitute Senate Bill 138 of the 117th general 1,535
assembly, AND PLUS ANY APPLICABLE AMOUNT CALCULATED UNDER SECTION 1,536
145.401 OF THE REVISED CODE, provided that all the following 1,537
apply:
(1)(a) Three months have elapsed since the member's public 1,540
service, other than service exempted from contribution pursuant 1,541
to section 145.03 of the Revised Code, was terminated; 1,542
(2)(b) The member has not returned to public service, 1,544
other than service exempted from contribution pursuant to section 1,545
145.03 of the Revised Code, during that three-month period; 1,546
(3)(c) The member is not a member of the school employees 1,548
retirement system or the state teachers retirement system. 1,549
The payment of such accumulated contributions shall cancel 1,551
the total service credit of such member in the public employees 1,552
retirement system. 1,553
(2) NOTWITHSTANDING DIVISION (A)(1) OF THIS SECTION, 1,556
DIVISION (B) OF SECTION 145.401 OF THE REVISED CODE, AND THE
DEFINITION OF "ACCUMULATED CONTRIBUTIONS" IN DIVISION (J) OF 1,558
SECTION 145.01 OF THE REVISED CODE, THE ACCUMULATED CONTRIBUTIONS 1,560
PAID TO A MEMBER UNDER THIS DIVISION FOR SERVICE AS A SHERIFF,
DEPUTY SHERIFF, OR TOWNSHIP CONSTABLE OR POLICE OFFICER IN A 1,562
TOWNSHIP POLICE DEPARTMENT OR DISTRICT SHALL NOT INCLUDE INTEREST 1,564
39
CREDITED TO THE MEMBER'S ACCOUNT UNDER SECTION 145.471 OR 145.472 1,565
OF THE REVISED CODE, NOR SHALL THE MEMBER BE PAID ANY AMOUNT 1,566
CALCULATED UNDER SECTION 145.401 OF THE REVISED CODE, IF THE 1,568
MEMBER BY CONTINUING TO CONTRIBUTE FOR THAT SERVICE WOULD BE
ELIGIBLE TO RETIRE UNDER DIVISION (B) OF SECTION 145.33 OF THE 1,570
REVISED CODE PRIOR TO AGE FIFTY-TWO WITH NO REDUCTION IN 1,571
BENEFITS.
(3) A MEMBER DESCRIBED IN DIVISION (A)(1) OF THIS SECTION 1,574
WHO IS MARRIED AT THE TIME OF APPLICATION FOR PAYMENT AND IS 1,575
ELIGIBLE FOR AGE AND SERVICE RETIREMENT UNDER SECTION 145.32, 1,576
145.33, 145.331, OR 145.34 OF THE REVISED CODE SHALL SUBMIT WITH 1,577
THE APPLICATION A WRITTEN STATEMENT BY THE MEMBER'S SPOUSE 1,578
ATTESTING THAT THE SPOUSE CONSENTS TO THE PAYMENT OF THE MEMBER'S 1,579
ACCUMULATED CONTRIBUTIONS. CONSENT SHALL BE VALID ONLY IF IT IS 1,580
SIGNED AND WITNESSED BY A NOTARY PUBLIC. 1,581
(B) This division applies to any member who ceases to be a 1,583
public employee by electing an alternative retirement plan 1,584
pursuant to section 3305.05 of the Revised Code and is not 1,585
otherwise employed as a public employee in a position to which 1,587
the election does not apply. For purposes of this division,
"continuously employed" has the same meaning as in section 1,588
3305.01 of the Revised Code. 1,589
(1) Subject to section 145.57 of the Revised Code, on the 1,591
application of a member to whom this division applies who is 1,593
continuously employed, the public employees retirement board 1,594
shall pay the accumulated contributions standing to the credit of 1,595
the member's individual account in the employees' savings fund,
plus any additional amounts described in division (A) of this 1,596
section, to the entity providing the member's alternative 1,597
retirement plan for application to that plan in accordance with 1,598
any contract the member has entered into for purposes of that 1,599
plan.
(2) Subject to section 145.57 of the Revised Code, on 1,601
application of a member to whom this division applies who has 1,603
40
ceased to be continuously employed, the public employees 1,604
retirement board shall pay the accumulated contributions standing 1,605
to the credit of the member's individual account in the
employees' savings fund, plus any additional amounts described in 1,606
division (A) of this section, to the entity providing the 1,607
member's alternative retirement plan for application to that plan 1,608
in accordance with any contract the member has entered into for 1,609
purposes of that plan, provided that all of the following apply: 1,610
(a) At least three months have elapsed since the date on 1,612
which the member ceased to be continuously employed; 1,613
(b) The member has not been employed as a public employee 1,615
during that three-month period; 1,616
(c) Division (A)(3) of this section applies to the member. 1,619
(3) Payment of a member's accumulated contributions under 1,621
this division cancels the member's total service credit in the 1,622
public employees retirement system. 1,623
Sec. 145.401. (A) AS USED IN THIS SECTION: 1,625
(1) "ELIGIBLE CONTRIBUTIONS" MEANS AMOUNTS CONTRIBUTED 1,627
UNDER SECTION 145.47 OF THE REVISED CODE, AMOUNTS RECEIVED FROM A 1,628
MEMBER OR TRANSFERRED UNDER SECTION 145.20, 145.295, 145.302, OR 1,629
145.44 OF THE REVISED CODE, AND ANY INTEREST CREDITED UNDER 1,631
SECTION 145.471 OR 145.472 OF THE REVISED CODE. "ELIGIBLE 1,633
CONTRIBUTIONS" DOES NOT INCLUDE CONTRIBUTIONS THAT WERE USED IN 1,634
THE PAYMENT OF A DISABILITY BENEFIT OR, AS PROVIDED IN RULES 1,635
ADOPTED BY THE BOARD, WERE REFUNDED TO A MEMBER BECAUSE THE 1,636
SYSTEM WAS NOT AUTHORIZED TO ACCEPT THE CONTRIBUTIONS.
(2) "SERVICE CREDIT" MEANS SERVICE CREDIT EARNED FOR 1,638
PERIODS FOR WHICH CONTRIBUTIONS WERE MADE UNDER SECTION 145.47 OF 1,639
THE REVISED CODE AND, IF APPLICABLE, PERIODS FOR WHICH SERVICE 1,640
CREDIT WAS PURCHASED OR TRANSFERRED UNDER SECTION 145.20, 1,641
145.295, 145.302, OR 145.44 OF THE REVISED CODE. 1,642
(B) IF A MEMBER HAS, OR AT THE TIME OF DEATH HAD, AT LEAST 1,644
FIVE YEARS OF SERVICE CREDIT, THE PUBLIC EMPLOYEES RETIREMENT 1,645
BOARD SHALL INCLUDE THE AMOUNT SPECIFIED IN DIVISION (B)(1) OR 1,646
41
(2) OF THIS SECTION IN THE AMOUNT PAYABLE UNDER SECTION 145.40 OF 1,647
THE REVISED CODE TO THE MEMBER, OR UNDER DIVISION (B) OF SECTION 1,649
145.43 OF THE REVISED CODE TO A BENEFICIARY OR BENEFICIARIES OF 1,650
THE MEMBER, UNLESS AT THE TIME OF DEATH THE MEMBER WAS A 1,651
DISABILITY BENEFIT RECIPIENT. THE AMOUNT SPECIFIED IN DIVISION 1,652
(B)(1) OR (2) OF THIS SECTION SHALL BE PAID FROM THE EMPLOYERS' 1,653
ACCUMULATION FUND. 1,654
(1) IF THE MEMBER HAS, OR HAD AT THE TIME OF DEATH, AT 1,656
LEAST FIVE BUT LESS THAN TEN YEARS OF SERVICE CREDIT, THE AMOUNT 1,657
INCLUDED SHALL BE EQUAL TO THIRTY-THREE PER CENT OF THE MEMBER'S 1,659
ELIGIBLE CONTRIBUTIONS.
(2) IF THE MEMBER HAS, OR HAD AT THE TIME OF DEATH, AT 1,661
LEAST TEN YEARS OF SERVICE CREDIT, THE AMOUNT INCLUDED SHALL BE 1,662
EQUAL TO SIXTY-SEVEN PER CENT OF THE MEMBER'S ELIGIBLE 1,663
CONTRIBUTIONS. 1,664
Sec. 145.43. (A) As used in this section and in section 1,673
145.45 of the Revised Code: 1,674
(1) "Child" means a biological or legally adopted child of 1,677
a deceased member. If a court hearing for an interlocutory 1,678
decree for adoption was held prior to the member's death, "child" 1,679
includes the child who was the subject of the hearing
notwithstanding the fact that the final decree of adoption, 1,680
adjudging the surviving spouse as the adoptive parent, is made 1,681
subsequent to the member's death.
(2) "Parent" is a parent or legally adoptive parent of a 1,684
deceased member. 1,685
(3) "Dependent" means a beneficiary who receives one-half 1,687
of the beneficiary's support from a member during the twelve 1,688
months prior to the member's death. 1,689
(4) "Surviving spouse" means an individual who establishes 1,692
a valid marriage to a member at the time of the member's death by 1,693
marriage certificate or pursuant to division (E) of this section. 1,694
(5) "Survivor" means a surviving spouse, child, or parent. 1,697
(B) Except as provided in division (C)(1) of section 1,700
42
145.45 of the Revised Code, should a member die before age and 1,702
service retirement, the member's accumulated contributions, any 1,703
deposits for purchase of additional annuity, and any payment the 1,705
member has made to restore previously forfeited service credit as 1,707
provided in section 145.31 of the Revised Code, AND ANY 1,708
APPLICABLE AMOUNT CALCULATED UNDER SECTION 145.401 OF THE REVISED 1,709
CODE, shall be paid to the person or persons the member has 1,710
designated in writing duly executed on a form provided by the 1,712
public employees retirement board, signed by the member, and 1,713
filed with the board prior to the member's death. A member may 1,714
designate two or more persons as beneficiaries jointly to be paid 1,716
the accumulated account in a lump sum. The last designation of 1,717
any beneficiary revokes all previous designations. The member's 1,718
marriage, divorce, marriage dissolution, legal separation, or 1,719
withdrawal of account, or the birth of the member's child, or 1,720
adoption of a child, shall constitute an automatic revocation of 1,722
the member's previous designation. If a deceased member was also 1,723
a member of the school employees retirement system or the state 1,724
teachers retirement system, the beneficiary last established 1,725
among the systems shall be the sole beneficiary in all the 1,726
systems.
If the accumulated contributions of a deceased member are 1,728
not claimed by a beneficiary or by the estate of the deceased 1,729
member within five years, the contributions shall be transferred 1,731
to the income fund and thereafter paid to the beneficiary or to 1,733
the member's estate upon application to the board. The board 1,734
shall formulate and adopt the necessary rules governing all 1,735
designations of beneficiaries. 1,736
(C) Except as provided in division (C)(1) of section 1,738
145.45 of the Revised Code, if a member dies before age and 1,740
service retirement and is not survived by a designated 1,741
beneficiary, any beneficiaries shall qualify in the following 1,743
order of precedence, with all attendant rights and privileges: 1,744
(1) Surviving spouse; 1,746
43
(2) Children share and share alike; 1,748
(3) A dependent parent of a member, if that parent takes 1,751
survivor benefits under division (B) of section 145.45 of the 1,753
Revised Code;
(4) Parents, share and share alike; 1,755
(5) Estate. 1,757
If the beneficiary is deceased or is not located within 1,759
ninety days, the beneficiary ceases to qualify for any benefit 1,760
and the beneficiary next in order of precedence shall qualify as 1,761
a beneficiary. 1,762
Any payment made to a beneficiary as determined by the 1,764
public employees retirement board shall be a full discharge and 1,765
release to the board from any future claims. 1,766
(D) Any amount due a retirant or disability benefit 1,768
recipient receiving a monthly benefit and unpaid to the retirant 1,770
or recipient at death shall be paid to the beneficiary designated 1,772
in writing on a form approved by the board, signed by the 1,773
retirant or recipient and filed with the board. If no such
designation has been filed, or if the designated beneficiary is 1,775
not located within ninety days, any amounts payable under this 1,777
chapter due to the death of the retirant or recipient shall be 1,779
paid in the following order of precedence to the retirant's or
recipient's: 1,780
(1) Surviving spouse; 1,782
(2) Children, share and share alike; 1,784
(3) Parents, share and share alike; 1,786
(4) Estate. 1,788
The payment shall be a full discharge and release to the 1,790
board from any future claim for the payment. 1,791
Any amount due a beneficiary receiving a monthly benefit 1,793
and unpaid to the beneficiary at the beneficiary's death shall be 1,795
paid to the beneficiary's estate. 1,796
(E) If the validity of marriage cannot be established to 1,798
the satisfaction of the retirement board for the purpose of 1,799
44
disbursing any amount due under this section or section 145.45 of 1,800
the Revised Code, the board may accept a decision rendered by a 1,801
court having jurisdiction in the state in which the member was 1,802
domiciled at the time of death that the relationship constituted 1,803
a valid marriage at the time of death, or the "spouse" would have 1,804
the same status as a widow or widower for purposes of sharing the 1,805
distribution of the member's intestate personal property. 1,806
(F) If the death of a member is caused by one of the 1,808
following beneficiaries, no amount due under this chapter to the 1,809
beneficiary shall be paid to the beneficiary in the absence of a 1,810
court order to the contrary filed with the board: 1,811
(1) A beneficiary who is convicted of, pleads guilty to, 1,813
or is found not guilty by reason of insanity of a violation of or 1,815
complicity in the violation of either of the following: 1,816
(a) Section 2903.01, 2903.02, or 2903.03 of the Revised 1,819
Code;
(b) An existing or former law of any other state, the 1,822
United States, or a foreign nation that is substantially 1,824
equivalent to section 2903.01, 2903.02, or 2903.03 of the Revised 1,826
Code;.
(2) A beneficiary who is indicted for a violation of or 1,828
complicity in the violation of the sections or laws described in 1,829
division (F)(1)(a) or (b) of this section and is adjudicated 1,831
incompetent to stand trial;
(3) A beneficiary who is a juvenile found to be a 1,833
delinquent child by reason of committing an act that, if 1,834
committed by an adult, would be a violation of or complicity in 1,835
the violation of the sections or laws described in division 1,837
(F)(1)(a) or (b) of this section. 1,838
Sec. 145.471. (A)(1) ON AND AFTER THE EFFECTIVE DATE OF 1,840
THIS SECTION, THE PUBLIC EMPLOYEES RETIREMENT BOARD SHALL CREDIT 1,841
INTEREST TO THE INDIVIDUAL ACCOUNTS OF CONTRIBUTORS, EXCEPT THAT 1,843
INTEREST SHALL NOT BE CREDITED TO THE INDIVIDUAL ACCOUNT OF A 1,844
PERS OR OTHER SYSTEM RETIRANT, AS DEFINED IN SECTION 145.38 OF 1,845
45
THE REVISED CODE, FOR CONTRIBUTIONS RECEIVED DURING THE PERIOD 1,846
DESCRIBED IN DIVISION (B)(4)(a) OR (b) OF SECTION 145.38 OF THE 1,848
REVISED CODE. FOR AMOUNTS DEPOSITED BY A CONTRIBUTOR UNDER
DIVISION (C) OF SECTION 145.23 OF THE REVISED CODE, INTEREST 1,850
SHALL BE CREDITED IN ACCORDANCE WITH THAT SECTION. 1,851
(2) EXCEPT AS PROVIDED IN SECTION 145.472 OF THE REVISED 1,853
CODE, THE BOARD SHALL NOT CREDIT INTEREST TO INDIVIDUAL ACCOUNTS 1,854
FOR THE PERIOD BEGINNING DECEMBER 31, 1958, AND ENDING ON THE 1,855
EFFECTIVE DATE OF THIS SECTION.
(B) FOR CONTRIBUTIONS RECEIVED IN A CALENDAR YEAR, 1,857
INTEREST SHALL BE EARNED BEGINNING ON THE FIRST DAY OF THE 1,858
CALENDAR YEAR NEXT FOLLOWING AND ENDING ON THE LAST DAY OF THAT 1,859
YEAR, EXCEPT THAT INTEREST SHALL BE EARNED, IN THE CASE OF AN 1,860
APPLICATION FOR RETIREMENT OR PAYMENT UNDER SECTION 145.40 OR 1,862
145.43 OF THE REVISED CODE, ENDING ON THE LAST DAY OF THE MONTH 1,863
PRIOR TO RETIREMENT OR PAYMENT UNDER THOSE SECTIONS. THE BOARD 1,864
SHALL CREDIT INTEREST AT THE END OF THE CALENDAR YEAR IN WHICH IT
IS EARNED. 1,865
Sec. 145.472. THIS SECTION APPLIES TO INDIVIDUALS WHO ARE 1,867
CONTRIBUTORS ON THE EFFECTIVE DATE OF THIS SECTION. 1,868
(A) NOT LATER THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF 1,870
THIS SECTION, THE BOARD SHALL CREDIT INTEREST TO THE INDIVIDUAL 1,871
ACCOUNT OF EACH CONTRIBUTOR IN ACCORDANCE WITH THIS SECTION, 1,872
EXCEPT THAT INTEREST SHALL NOT BE CREDITED TO THE INDIVIDUAL 1,873
ACCOUNT OF A PERS OR OTHER SYSTEM RETIRANT, AS DEFINED IN SECTION 1,874
145.38 OF THE REVISED CODE, FOR CONTRIBUTIONS RECEIVED DURING THE 1,875
PERIOD DESCRIBED IN DIVISION (B)(4)(a) OR (b) OF SECTION 145.38 1,877
OF THE REVISED CODE. FOR AMOUNTS DEPOSITED BY A CONTRIBUTOR UNDER 1,878
DIVISION (C) OF SECTION 145.23 OF THE REVISED CODE, INTEREST 1,879
SHALL BE CREDITED IN ACCORDANCE WITH THAT SECTION. 1,880
FOR CONTRIBUTORS WITH SERVICE CREDIT EARNED PRIOR TO 1,882
DECEMBER 31, 1981, THE BOARD MAY REFLECT THE COMPOUNDING OF 1,883
INTEREST BY USING FACTORS PROVIDED BY THE BOARD'S ACTUARY. 1,884
(B) THE INTEREST CREDITED UNDER THIS SECTION SHALL BE 1,886
46
CALCULATED ON ALL AMOUNTS ON DEPOSIT IN AN INDIVIDUAL'S ACCOUNT 1,888
IN THE EMPLOYEES' SAVINGS FUND AS FOLLOWS: 1,889
(1) IF THIS SECTION TAKES EFFECT ON OR BEFORE DECEMBER 31, 1,892
2000, INTEREST SHALL BE CALCULATED ON AMOUNTS ON DEPOSIT ON 1,893
DECEMBER 31, 1998.
(2) IF THIS SECTION TAKES EFFECT AFTER DECEMBER 31, 2000, 1,895
INTEREST SHALL BE CALCULATED ON AMOUNTS ON DEPOSIT ON DECEMBER 1,896
31, 1999. 1,897
Sec. 145.473. (A) EXCEPT AS PROVIDED IN DIVISION (C) OF 1,899
THIS SECTION, THE RATE OF INTEREST CREDITED TO INDIVIDUAL 1,900
ACCOUNTS OF CONTRIBUTORS UNDER SECTIONS 145.471 AND 145.472 OF 1,901
THE REVISED CODE SHALL BE AS FOLLOWS: 1,902
(1) FOUR PER CENT PER ANNUM, COMPOUNDED ANNUALLY, TO AND 1,904
INCLUDING DECEMBER 31, 1955; 1,905
(2) THREE PER CENT PER ANNUM, COMPOUNDED ANNUALLY, FROM 1,908
JANUARY 1, 1956, TO AND INCLUDING DECEMBER 31, 1963; 1,909
(3) THREE AND ONE-QUARTER PER CENT PER ANNUM, COMPOUNDED 1,911
ANNUALLY, FROM JANUARY 1, 1964, TO AND INCLUDING DECEMBER 31, 1,913
1969;
(4) FOUR PER CENT PER ANNUM, COMPOUNDED ANNUALLY, FROM 1,916
JANUARY 1, 1970, TO AND INCLUDING THE DAY BEFORE THE EFFECTIVE
DATE OF THIS SECTION; 1,917
(5) AN AMOUNT DETERMINED BY THE PUBLIC EMPLOYEES 1,919
RETIREMENT BOARD THAT IS NOT GREATER THAN SIX PER CENT PER ANNUM, 1,920
COMPOUNDED ANNUALLY, ON AND AFTER THE EFFECTIVE DATE OF THIS 1,921
SECTION.
(B) EXCEPT AS PROVIDED IN DIVISION (C) OF THIS SECTION, 1,923
FOR THE PURPOSE OF DETERMINING THE RESERVE VALUE OF A 1,924
CONTRIBUTOR'S ANNUITY, THE RATE OF INTEREST SHALL BE AS FOLLOWS: 1,925
(1) FOUR PER CENT PER ANNUM, COMPOUNDED ANNUALLY, FOR 1,927
CONTRIBUTORS RETIRING BEFORE OCTOBER 1, 1956; 1,928
(2) THREE PER CENT PER ANNUM, COMPOUNDED ANNUALLY, FOR 1,930
CONTRIBUTORS RETIRING ON OR AFTER OCTOBER 1, 1956, BUT BEFORE 1,932
JANUARY 1, 1964;
47
(3) THREE AND ONE-QUARTER PER CENT PER ANNUM, COMPOUNDED 1,934
ANNUALLY, FOR CONTRIBUTORS RETIRING ON OR AFTER JANUARY 1, 1964, 1,935
BUT BEFORE JANUARY 1, 1970; 1,936
(4) FOUR PER CENT PER ANNUM, COMPOUNDED ANNUALLY, FOR 1,938
CONTRIBUTORS RETIRING ON OR AFTER JANUARY 1, 1970, BUT BEFORE THE 1,940
EFFECTIVE DATE OF THIS SECTION;
(5) AN AMOUNT DETERMINED BY THE BOARD BASED ON THE 1,942
RECOMMENDATION OF THE BOARD'S ACTUARY, COMPOUNDED ANNUALLY, FOR 1,943
CONTRIBUTORS RETIRING ON OR AFTER THE EFFECTIVE DATE OF THIS 1,944
SECTION.
(C) FOR A PERS RETIRANT WHO MAKES AN ELECTION UNDER 1,946
DIVISION (C)(1)(a) OF SECTION 145.38 OF THE REVISED CODE OR AN 1,948
OTHER SYSTEM RETIRANT, AS THOSE TERMS ARE DEFINED IN SECTION 1,949
145.38 OF THE REVISED CODE, THE RATE OF INTEREST SHALL BE THE 1,950
CURRENT ACTUARIAL ASSUMPTION RATE OF INTEREST, AS DETERMINED BY 1,951
THE BOARD'S ACTUARY, FOR THE PURPOSES DESCRIBED IN DIVISIONS (A) 1,952
AND (B) OF THIS SECTION.
Sec. 742.26. (A) As used in this section: 1,961
(1) "Actuarial present value" means the calculation under 1,963
which the probability of occurrence, based on a specified 1,964
mortality table, and the discount for future monetary growth at a 1,965
specified interest rate are considered by an actuary to determine 1,966
the value of an annuity. 1,967
(2) "Other system retirant" means a former member of the 1,969
public employees retirement system, state teachers retirement 1,970
system, school employees retirement system, state highway patrol 1,971
retirement system, or Cincinnati retirement system who is 1,972
receiving a disability benefit or an age and service or commuted 1,973
age and service retirement benefit or allowance from a system of 1,974
which the person is a former member. 1,975
(3) "OPFPF retirant" means any person who is receiving a 1,978
retirement allowance, other than a disability benefit, from the 1,979
Ohio police and fire pension fund. 1,980
(B) The mortality table and interest rate used in 1,982
48
determining actuarial present value shall be determined by the 1,983
board of trustees of the fund based on the recommendations of an 1,984
actuary employed by the board. 1,985
(C)(1) An OPFPF retirant or other system retirant may be 1,988
employed as a member of a police or fire department. If so 1,989
employed, the retirant shall make contributions to the fund in 1,991
accordance with section 742.31 of the Revised Code, and the 1,992
employer shall make contributions in accordance with sections 1,993
742.33 and 742.34 of the Revised Code. 1,994
(2) An employer that employs an OPFPF retirant or other 1,997
system retirant shall notify the board of trustees of the fund of 1,998
the employment not later than the end of the month in which the 1,999
employment commences. On receipt of notice from an employer that 2,000
a person who is an other system retirant has been employed, the 2,001
fund shall notify the retirement system of which the other system 2,002
retirant was a member of such employment. 2,003
(D) An OPFPF retirant or other system retirant who has 2,006
received a retirement allowance or benefit for less than two 2,007
months when employment subject to this section commences shall 2,008
forfeit the retirement allowance or benefit for the period that 2,010
begins on the date the employment commences and ends on the
EARLIER OF THE DATE THE EMPLOYMENT TERMINATES OR THE date that is 2,012
two months after the date on which the retirement allowance or 2,013
benefit commenced. Service and contributions for that period 2,014
shall not be included in the calculation of any benefits payable 2,015
under this section, and those contributions shall be refunded on 2,016
the retirant's death or termination of the employment. 2,017
(E) On receipt of notice from the public employees 2,019
retirement system, school employees retirement system, or state 2,020
teachers retirement system of the re-employment of an OPFPF 2,022
retirant, the Ohio police and fire pension fund shall not pay, or 2,024
if paid shall recover, the amount to be forfeited by the OPFPF 2,025
retirant in accordance with section 145.38, 3307.35, or 3309.341 2,027
of the Revised Code.
49
(F)(1)(a) On termination of employment under this section, 2,029
an OPFPF retirant or other system retirant shall elect one of the 2,031
following: 2,032
(i) A monthly annuity the actuarial present value of which 2,034
is equal to two times the sum of all amounts deducted from the 2,035
salary of the OPFPF retirant or other system retirant and 2,037
credited to the retirant's individual account in the fund, OTHER 2,038
THAN CONTRIBUTIONS EXCLUDED PURSUANT TO DIVISION (D) OF THIS 2,039
SECTION, together with interest credited thereon at the rate 2,042
determined by the board, provided the annuity equals or exceeds 2,043
twenty-five dollars per month. 2,044
(ii) A lump-sum payment equal to two times the sum of all 2,046
amounts deducted from the salary of the OPFPF retirant or other 2,048
system retirant and credited to the retirant's individual account 2,050
in the fund, OTHER THAN CONTRIBUTIONS EXCLUDED PURSUANT TO 2,051
DIVISION (D) OF THIS SECTION, together with interest credited 2,052
thereon at the rate determined by the board. 2,054
(b) Interest shall be credited to accounts only at the 2,056
time of calculation of a benefit payable under division (F)(1) of 2,057
this section. 2,058
(2) A benefit payable under this division shall commence 2,060
on the first day of the month immediately after the latest of the 2,061
following: 2,062
(a) The last day for which compensation for employment 2,064
subject to this section was paid; 2,065
(b) Attainment by the OPFPF retirant or other system 2,068
retirant of age sixty; 2,069
(c) If the OPFPF retirant or other system retirant was 2,072
previously employed under this section and is receiving or 2,073
previously received a benefit under this division, completion of 2,074
a period of twelve months since the last benefit paid under this 2,075
section commenced. 2,076
(3) No amount received under this division shall be 2,078
included in determining an additional benefit under section 2,079
50
742.3711, 742.3716, or 742.3717 of the Revised Code or any other 2,080
post-retirement benefit increase. 2,081
(G)(1) If an OPFPF retirant or other system retirant dies 2,084
while employed in employment subject to this section, a lump-sum 2,085
payment calculated in accordance with division (F)(1)(a)(ii) of 2,086
this section shall be paid to the retirant's surviving spouse, or 2,088
if there is no surviving spouse, to the retirant's estate. 2,089
(2) If at the time of death an OPFPF retirant or other 2,092
system retirant receiving a monthly annuity under division 2,093
(F)(1)(a)(i) of this section has received less than would have 2,094
been received as a lump-sum payment under division (F)(1)(a)(ii) 2,095
of this section, the difference between the amount received and 2,097
the amount that would have been received as a lump-sum payment 2,100
shall be paid to the retirant's surviving spouse, or if there is 2,101
no surviving spouse, to the retirant's estate.
(H) An other system retirant subject to this section is 2,103
not a member of the Ohio police and fire pension fund, does not 2,105
have any of the rights, privileges, or obligations of membership, 2,106
except as specified in this section, and is not eligible to 2,107
receive health, medical, hospital, or surgical benefits under 2,108
section 742.45 of the Revised Code for employment subject to this 2,109
section.
(I) If any payment is made by the Ohio police and fire 2,112
pension fund to an OPFPF retirant or other system retirant to 2,114
which the retirant is not entitled, the retirant shall repay it 2,116
to the fund. If the retirant fails to make the repayment, the 2,117
fund shall withhold the amount due from any allowances or other 2,118
amounts due the OPFPF retirant or other system retirant. 2,119
(J) An OPFPF retirant who is employed under this section 2,123
is not eligible to receive any benefits under section 742.37 of 2,124
the Revised Code for the employment under this section. 2,125
(K) This section does not affect the receipt of benefits 2,127
by or eligibility for benefits of any person who on August 20, 2,128
1976, was receiving a disability benefit or service retirement 2,129
51
pension or allowance from a state or municipal retirement system 2,130
in Ohio and was a member of any other state or municipal 2,131
retirement system of this state. 2,132
(L) The board of trustees of the fund may adopt rules to 2,134
carry out this section. 2,135
Sec. 3307.31. Payments by boards of education AND 2,144
GOVERNING AUTHORITIES OF COMMUNITY SCHOOLS to the state teachers 2,146
retirement system, as provided in sections 3307.29 and 3307.291 2,148
of the Revised Code, shall be made from the amount allocated 2,149
under SECTION 3314.08 OR Chapter 3317. of the Revised Code prior 2,151
to its distribution to the individual school districts OR 2,152
COMMUNITY SCHOOLS. The amount due from each school district OR 2,153
COMMUNITY SCHOOL shall be certified by the secretary of the 2,154
system to the superintendent of public instruction monthly, or at 2,155
such times as may be determined by the state teachers retirement 2,156
board.
The superintendent shall deduct, from the amount allocated 2,158
to each district OR COMMUNITY SCHOOL under SECTION 3314.08 OR 2,159
Chapter 3317. of the Revised Code, the entire amounts due to the 2,161
system from such district OR SCHOOL upon the certification to the 2,162
superintendent by the secretary thereof. 2,163
The superintendent shall certify to the director of budget 2,165
and management the amounts thus due the system for payment. 2,166
Sec. 3307.35. (A) As used in this section, "other system 2,175
retirant" means a member or former member of the public employees 2,176
retirement system, Ohio police and fire pension fund, school 2,177
employees retirement system, state highway patrol retirement 2,178
system, or Cincinnati retirement system who is receiving age and 2,179
service or commuted age and service retirement, or a disability 2,180
benefit from a system of which the retirant is a member or former 2,181
member.
(B) A superannuate may be employed for temporary service 2,183
as a teacher, provided: 2,184
(1) At least two months have elapsed since the effective 2,186
52
date of the superannuate's retirement under this chapter. 2,187
(2) Such employment does not exceed eighty-five school 2,189
days, or the equivalent thereof in fractional service, during any 2,190
school year. 2,191
(C) A superannuate may be employed as a full-time teacher, 2,193
provided: 2,194
(1) The superannuate has received an allowance or benefit 2,197
from the state teachers retirement system under this chapter for 2,199
at least eighteen months. 2,200
(2) The employer requests the board of the state teachers 2,203
retirement system to authorize such employment.
(D) An OR other system retirant may be employed as a 2,205
teacher, provided at least two months have elapsed since the 2,207
effective date of the retirant's retirement or receipt of a 2,208
disability benefit. 2,209
(E) If a (C) A superannuate or other system retirant is 2,212
employed in accordance with division (B), (C), or (D) of this 2,213
section, the superannuate or retirant shall contribute to the 2,214
state teachers retirement system in accordance with section 2,216
3307.26 of the Revised Code and the employer shall contribute in 2,218
accordance with sections 3307.28 and 3307.31 of the Revised Code. 2,220
Such contributions shall be received as specified in section 2,222
3307.14 of the Revised Code. A superannuate or other system 2,224
retirant employed as a teacher is not a member of the state 2,225
teachers retirement system, does not have any of the rights, 2,226
privileges, or obligations of membership, except as provided in 2,227
this section, and is not eligible to receive health, medical, 2,228
hospital, or surgical benefits under section 3307.39 of the 2,229
Revised Code for employment subject to this section. 2,230
(F)(D) The employer that employs a superannuate or other 2,232
system retirant shall notify the state teachers retirement board 2,233
of the employment not later than the end of the month in which 2,234
the employment commences. Any overpayment of benefits to a 2,235
superannuate by the retirement system resulting from an 2,236
53
employer's failure to give timely notice may be charged to the 2,237
employer and may be certified and deducted as provided in section 2,238
3307.31 of the Revised Code. 2,239
(G)(E) On receipt of notice from an employer that a person 2,241
who is an other system retirant has been employed, the state 2,242
teachers retirement system shall notify the state retirement 2,243
system of which the other system retirant was a member of such 2,244
employment. 2,245
(H)(F) A superannuate or other system retirant who has 2,247
received an allowance or benefit for less than the applicable 2,249
period under division (B), (C), or (D) of TWO MONTHS WHEN 2,250
EMPLOYMENT SUBJECT TO this section when employment as a teacher 2,251
commences shall forfeit the allowance or benefit for any month 2,253
the superannuate or retirant is employed prior to the expiration 2,254
of such THE period THAT BEGINS ON THE DATE THE EMPLOYMENT 2,255
COMMENCES AND ENDS ON THE EARLIER OF THE DATE THE EMPLOYMENT
TERMINATES OR THE DATE THAT IS TWO MONTHS AFTER THE DATE ON WHICH 2,256
THE ALLOWANCE OR BENEFIT COMMENCED. Contributions shall be made 2,258
to the retirement system from the first day of such employment, 2,259
but service and contributions for that period shall not be used 2,260
in the calculation of any benefit payable to the superannuate or 2,261
other system retirant, and those contributions shall be refunded 2,262
on the superannuate's or retirant's death or termination of the 2,264
employment. Contributions made on compensation earned after the 2,265
expiration of such period shall be used in calculation of the
benefit or payment due under this section. 2,266
(I)(G) On receipt of notice from the Ohio police and fire 2,269
pension fund, public employees retirement system, or school 2,271
employees retirement system of the re-employment of a
superannuate, the state teachers retirement system shall not pay, 2,272
or if paid shall recover, the amount to be forfeited by the 2,273
superannuate in accordance with section 145.38, 742.26, or 2,274
3309.341 of the Revised Code. 2,275
(J)(H)(1) On termination of employment under this section, 2,277
54
a superannuate or other system retirant may file an application 2,278
with the state teachers retirement system for a benefit under 2,279
this division, which. THE BENEFIT shall consist of a single life 2,281
annuity having a reserve equal to the amount of the 2,282
superannuate's or retirant's accumulated contributions, as 2,284
defined in section 3307.50 of the Revised Code, for the period of 2,285
employment, OTHER THAN THE CONTRIBUTIONS EXCLUDED PURSUANT TO 2,286
DIVISION (F) OF THIS SECTION, and an equal amount from the 2,288
employers' trust created by section 3307.14 of the Revised Code, 2,290
plus interest credited to the date of retirement at the then 2,291
current actuarial rate of interest. The superannuate or other 2,292
system retirant shall elect either to receive the benefit as a 2,293
monthly annuity for life or a lump-sum payment discounted to the 2,294
present value using the current actuarial assumption rate of 2,295
interest, except that if the monthly annuity would be less than 2,296
twenty-five dollars per month the superannuate or retirant shall 2,297
receive a lump-sum payment. 2,298
(2) A benefit payable under this division shall commence 2,300
on the latest of the following: 2,301
(a) The last day for which compensation for employment as 2,303
a teacher was paid; 2,304
(b) Attainment by the superannuate or other system 2,306
retirant of age sixty-five; 2,307
(c) If the superannuate or other system retirant was 2,309
previously employed under this section and previously received or 2,310
is receiving a benefit under this division, completion of a 2,311
period of twelve months since the effective date of the last 2,312
benefit under this division. 2,313
(3)(a) If a superannuate or other system retirant dies 2,315
while employed in employment subject to this section, a lump-sum 2,316
payment calculated in accordance with division (J)(H)(1) of this 2,318
section shall be paid to the beneficiary designated under 2,319
division (D) of section 3307.562 of the Revised Code. 2,320
(b) If at the time of death a superannuate or other system 2,323
55
retirant receiving a monthly annuity has received less than the 2,324
superannuate or retirant would have received as a lump-sum 2,325
payment, the difference between the amount received and the 2,326
amount that would have been received as a lump-sum payment shall 2,328
be paid to the superannuate's or retirant's beneficiary 2,329
designated under division (D) of section 3307.562 of the Revised 2,331
Code. 2,332
(4) No amount received under this section shall be 2,334
included in determining an additional benefit under section 2,335
3307.67 of the Revised Code or any other post-retirement benefit 2,337
increase. 2,338
(K)(I) If the disability benefit of an other system 2,340
retirant employed under this section is terminated, the retirant 2,341
shall become a member of the state teachers retirement system, 2,343
effective on the first day of the month next following the 2,344
termination, with all the rights, privileges, and obligations of 2,345
membership. If such person, after the termination of the 2,346
retirant's disability benefit, earns two years of service credit 2,348
under this retirement system or under the public employees 2,349
retirement system, Ohio police and fire pension fund, school 2,350
employees retirement system, or state highway patrol retirement 2,352
system, the retirant's prior contributions as an other system 2,354
retirant under this section shall be included in the retirant's 2,355
total service credit, as defined in section 3307.50 of the 2,356
Revised Code, as a state teachers retirement system member, and 2,358
the retirant shall forfeit all rights and benefits of this 2,360
section. Not more than one year of credit may be given for any 2,361
period of twelve months.
(L)(J) A superannuate shall not receive the portion of an 2,363
allowance or benefit that is attributable to contributions made 2,366
under section 3307.28 of the Revised Code for any period for 2,368
which the superannuate is compensated under a private contract, 2,370
or through an independent contractor, whereby the superannuate is 2,371
to perform personal or professional services for the employer by 2,373
56
which the superannuate was employed at the time of retirement. 2,375
(M)(K) This section does not affect the receipt of 2,377
benefits by or eligibility for benefits of any person who on 2,378
August 20, 1976, was receiving a disability benefit or service 2,379
retirement pension or allowance from a state or municipal 2,380
retirement system in Ohio and was a member of any other state or 2,381
municipal retirement system of this state. 2,382
(N)(L) The state teachers retirement board may make the 2,385
necessary rules to carry into effect this section and to prevent 2,387
the abuse of the rights and privileges thereunder. 2,388
Sec. 3307.351. (A) AS USED IN THIS SECTION: 2,390
(1) IN ADDITION TO THE MEANING IN SECTION 3307.01 OF THE 2,392
REVISED CODE, WHEN APPROPRIATE "COMPENSATION" HAS THE SAME 2,393
MEANING AS IN SECTION 3309.01 OF THE REVISED CODE. 2,394
(2) "EARNABLE SALARY" HAS THE SAME MEANING AS IN SECTION 2,396
145.01 OF THE REVISED CODE. 2,397
(3) "STRS POSITION" MEANS A POSITION FOR WHICH A MEMBER OF 2,399
THE STATE TEACHERS RETIREMENT SYSTEM IS MAKING CONTRIBUTIONS TO 2,400
THE SYSTEM. 2,401
(4) "OTHER STATE RETIREMENT SYSTEM" MEANS THE PUBLIC 2,403
EMPLOYEES RETIREMENT SYSTEM OR THE SCHOOL EMPLOYEES RETIREMENT 2,404
SYSTEM.
(5) "STATE RETIREMENT SYSTEM" MEANS THE PUBLIC EMPLOYEES 2,406
RETIREMENT SYSTEM, STATE TEACHERS RETIREMENT SYSTEM, OR THE 2,407
SCHOOL EMPLOYEES RETIREMENT SYSTEM. 2,408
(B)(1) A MEMBER OF THE STATE TEACHERS RETIREMENT SYSTEM 2,410
WHO HOLDS TWO OR MORE STRS POSITIONS MAY RETIRE UNDER SECTION 2,411
3307.57, 3307.58, OR 3307.60 OF THE REVISED CODE FROM THE 2,412
POSITION FOR WHICH THE ANNUAL COMPENSATION AT THE TIME OF 2,414
RETIREMENT IS HIGHEST AND CONTINUE TO CONTRIBUTE TO THE 2,416
RETIREMENT SYSTEM FOR THE OTHER STRS POSITION OR POSITIONS. 2,417
(2) A MEMBER OF THE STATE TEACHERS RETIREMENT SYSTEM WHO 2,419
ALSO HOLDS ONE OR MORE OTHER POSITIONS COVERED BY THE OTHER STATE 2,420
RETIREMENT SYSTEMS MAY RETIRE UNDER SECTION 3307.57, 3307.58, OR 2,421
57
3307.60 OF THE REVISED CODE FROM THE STRS POSITION AND CONTINUE 2,422
CONTRIBUTING TO THE OTHER STATE RETIREMENT SYSTEMS IF THE ANNUAL 2,423
COMPENSATION FOR THE STRS POSITION AT THE TIME OF RETIREMENT IS 2,424
GREATER THAN ANNUAL COMPENSATION OR EARNABLE SALARY FOR THE 2,426
POSITION, OR ANY OF THE POSITIONS, COVERED BY THE OTHER STATE 2,427
RETIREMENT SYSTEMS. 2,429
(3) A MEMBER OF THE STATE TEACHERS RETIREMENT SYSTEM WHO 2,431
HOLDS TWO OR MORE STRS POSITIONS AND AT LEAST ONE OTHER POSITION 2,432
COVERED BY ONE OF THE OTHER STATE RETIREMENT SYSTEMS MAY RETIRE 2,433
UNDER SECTION 3307.57, 3307.58, OR 3307.60 OF THE REVISED CODE 2,434
FROM ONE OF THE STRS POSITIONS AND CONTINUE CONTRIBUTING TO THE 2,436
STATE TEACHERS RETIREMENT SYSTEM AND THE OTHER STATE RETIREMENT 2,437
SYSTEM IF THE ANNUAL COMPENSATION FOR THE STRS POSITION FROM 2,439
WHICH THE MEMBER IS RETIRING IS, AT THE TIME OF RETIREMENT, 2,440
GREATER THAN THE ANNUAL COMPENSATION OR EARNABLE SALARY FOR ANY 2,441
OF THE POSITIONS FOR WHICH THE MEMBER IS CONTINUING TO MAKE 2,443
CONTRIBUTIONS.
(4) A MEMBER OF THE STATE TEACHERS RETIREMENT SYSTEM WHO 2,445
HAS RETIRED AS PROVIDED IN DIVISION (B)(2) OR (3) OF SECTION 2,446
145.383 OR DIVISION (B)(2) OR (3) OF SECTION 3309.343 OF THE 2,447
REVISED CODE MAY CONTINUE TO CONTRIBUTE TO THE STATE TEACHERS 2,449
RETIREMENT SYSTEM FOR AN STRS POSITION IF THE MEMBER HELD THE 2,450
POSITION AT THE TIME OF RETIREMENT FROM THE OTHER STATE 2,451
RETIREMENT SYSTEM.
(5) A MEMBER WHO CONTRIBUTES TO THE STATE TEACHERS 2,453
RETIREMENT SYSTEM IN ACCORDANCE WITH DIVISION (B)(1), (3), OR (4) 2,454
OF THIS SECTION SHALL CONTRIBUTE IN ACCORDANCE WITH SECTION 2,455
3307.26 OF THE REVISED CODE. THE MEMBER'S EMPLOYER SHALL 2,456
CONTRIBUTE AS PROVIDED IN SECTION 3307.28 OF THE REVISED CODE. 2,457
NEITHER THE MEMBER NOR THE MEMBER'S SURVIVORS ARE ELIGIBLE FOR 2,458
ANY BENEFITS BASED ON THOSE CONTRIBUTIONS OTHER THAN THOSE 2,459
PROVIDED UNDER THIS SECTION OR SECTION 145.383 OR 3309.343 OF THE 2,460
REVISED CODE. 2,461
(C)(1) IN DETERMINING RETIREMENT ELIGIBILITY AND THE 2,463
58
ANNUAL RETIREMENT ALLOWANCE OF A MEMBER WHO RETIRES AS PROVIDED 2,464
IN DIVISION (B)(1), (2), OR (3) OF THIS SECTION, THE FOLLOWING 2,465
SHALL BE USED TO THE DATE OF RETIREMENT: 2,466
(a) THE MEMBER'S EARNABLE SALARY AND COMPENSATION FOR ALL 2,468
POSITIONS COVERED BY A STATE RETIREMENT SYSTEM; 2,469
(b) TOTAL SERVICE CREDIT IN ANY STATE RETIREMENT SYSTEM, 2,471
EXCEPT THAT THE CREDIT SHALL NOT EXCEED ONE YEAR OF CREDIT FOR 2,472
ANY PERIOD OF TWELVE MONTHS; 2,473
(c) ALL CONTRIBUTIONS, INCLUDING AMOUNTS PAID TO PURCHASE 2,475
SERVICE CREDIT AND AMOUNTS PAID TO RESTORE SERVICE CREDIT UNDER 2,476
SECTIONS 145.311, 3307.711, AND 3309.261 OF THE REVISED CODE. 2,478
(2) A MEMBER WHO RETIRES AS PROVIDED IN DIVISION (B)(1), 2,480
(2), OR (3) OF THIS SECTION IS A RETIRANT FOR ALL PURPOSES OF 2,481
THIS CHAPTER, EXCEPT THAT THE MEMBER IS NOT SUBJECT TO SECTION 2,482
3307.35 OF THE REVISED CODE FOR A POSITION OR POSITIONS FOR WHICH 2,483
CONTRIBUTIONS CONTINUE UNDER THOSE DIVISIONS OR DIVISION (B)(4) 2,484
OF THIS SECTION. 2,485
(D) ON RETIREMENT FROM A POSITION FOR WHICH CONTRIBUTIONS 2,487
WERE MADE UNDER DIVISION (B)(1), (3), OR (4) OF THIS SECTION, THE 2,488
RETIRED MEMBER IS ELIGIBLE FOR A BENEFIT CONSISTING OF A SINGLE 2,489
LIFE ANNUITY HAVING A RESERVE EQUAL TO THE AMOUNT OF THE RETIRED 2,490
MEMBER'S ACCUMULATED CONTRIBUTIONS UNDER DIVISION (B)(1), (3), OR 2,491
(4) OF THIS SECTION PLUS AN EQUAL AMOUNT OF THE EMPLOYER'S 2,492
CONTRIBUTIONS PLUS INTEREST CREDITED TO THE DATE OF RETIREMENT AT 2,493
THE CURRENT ACTUARIAL RATE OF INTEREST. THE RETIRED MEMBER SHALL 2,495
ELECT EITHER TO RECEIVE THE BENEFIT AS A MONTHLY ANNUITY FOR LIFE 2,496
OR A LUMP-SUM PAYMENT DISCOUNTED TO THE PRESENT VALUE USING THE 2,498
CURRENT ACTUARIAL ASSUMPTION RATE OF INTEREST, EXCEPT THAT IF THE 2,499
ANNUITY WOULD BE LESS THAN TWENTY-FIVE DOLLARS PER MONTH, THE 2,500
RETIRED MEMBER SHALL RECEIVE A LUMP-SUM PAYMENT. 2,501
A BENEFIT PAYABLE UNDER THIS DIVISION COMMENCES ON THE 2,503
LATER OF THE FIRST DAY OF THE FIRST MONTH FOLLOWING THE LAST DAY 2,505
FOR WHICH THE RETIRED MEMBER CONTRIBUTED UNDER DIVISION (B)(1), 2,506
(3), OR (4) OF THIS SECTION OR ATTAINMENT BY THE RETIRED MEMBER 2,507
59
OF AGE SIXTY-FIVE.
A RETIRED MEMBER RECEIVING A BENEFIT UNDER THIS DIVISION IS 2,509
NOT A MEMBER OF THE STATE TEACHERS RETIREMENT SYSTEM AND DOES NOT 2,510
HAVE ANY RIGHTS, PRIVILEGES, OR OBLIGATIONS OF MEMBERSHIP. NO 2,511
AMOUNTS RECEIVED UNDER THIS DIVISION SHALL BE INCLUDED IN 2,512
DETERMINING AN INCREASE UNDER SECTION 3307.67 OF THE REVISED CODE 2,513
OR ANY OTHER POST-RETIREMENT BENEFIT INCREASE. THE RETIRED 2,514
MEMBER IS A SUPERANNUATE FOR PURPOSES OF SECTION 3307.35 OF THE 2,515
REVISED CODE.
(E) IF A MEMBER CONTRIBUTING TOWARD A BENEFIT UNDER 2,517
DIVISION (D) OF THIS SECTION DIES BEFORE RECEIVING THE BENEFIT, A 2,519
LUMP SUM CALCULATED IN ACCORDANCE WITH THAT DIVISION SHALL BE 2,520
PAID TO THE BENEFICIARY DESIGNATED UNDER DIVISION (F) OF THIS 2,522
SECTION.
IF A RETIRED MEMBER RECEIVING A MONTHLY ANNUITY UNDER 2,524
DIVISION (D) OF THIS SECTION DIES BEFORE RECEIVING AN AMOUNT 2,525
EQUAL TO THE LUMP-SUM PAYMENT THAT WOULD BE PAID UNDER THAT 2,526
DIVISION, THE DIFFERENCE BETWEEN THE AMOUNT RECEIVED AND THE 2,527
AMOUNT THAT WOULD HAVE BEEN PAID AS A LUMP-SUM PAYMENT SHALL BE 2,528
PAID TO THE BENEFICIARY DESIGNATED UNDER DIVISION (F) OF THIS 2,529
SECTION.
(F) A RETIRED MEMBER MAY DESIGNATE ONE OR MORE PERSONS AS 2,531
BENEFICIARY TO RECEIVE ANY BENEFITS PAYABLE UNDER DIVISION (E) OF 2,532
THIS SECTION DUE TO DEATH. THE DESIGNATION SHALL BE IN WRITING 2,533
DULY EXECUTED ON A FORM PROVIDED BY THE STATE TEACHERS RETIREMENT 2,534
SYSTEM, SIGNED BY THE RETIRED MEMBER AND FILED WITH THE BOARD 2,535
PRIOR TO DEATH. THE LAST DESIGNATION OF THE BENEFICIARY REVOKES 2,536
ALL PREVIOUS DESIGNATIONS. THE RETIRED MEMBER'S MARRIAGE, 2,537
DIVORCE, MARRIAGE TERMINATION, LEGAL SEPARATION, OR BIRTH OR 2,538
ADOPTION OF A CHILD REVOKES ALL PREVIOUS DESIGNATIONS. IF THERE 2,539
IS NO DESIGNATED BENEFICIARY, THE BENEFICIARY IS THE BENEFICIARY 2,540
DETERMINED UNDER DIVISION (D) OF SECTION 3307.562 OF THE REVISED 2,542
CODE. IF ANY BENEFIT PAYABLE UNDER THIS SECTION DUE TO THE DEATH 2,544
OF A RETIRED MEMBER IS NOT CLAIMED BY A BENEFICIARY WITHIN FIVE 2,545
60
YEARS AFTER DEATH, THE AMOUNT PAYABLE SHALL BE TRANSFERRED TO THE 2,546
GUARANTEE FUND AND THEREAFTER PAID TO THE BENEFICIARY OR THE 2,547
ESTATE OF THE RETIRED MEMBER ON APPLICATION TO THE SYSTEM. 2,548
(G) THE STATE TEACHERS RETIREMENT BOARD MAY ADOPT RULES TO 2,550
CARRY OUT THIS SECTION. 2,551
Sec. 3307.53. The state teachers retirement board shall 2,561
credit a year of service to any teacher participating in the plan 2,562
described in sections 3307.50 to 3307.79 of the Revised Code who 2,563
is employed on a full-time basis in a school district for the 2,564
number of months the regular day schools of such district are in 2,565
session in said district within any year. The board shall adopt 2,566
appropriate rules and regulations for the determination of credit 2,567
for less than a complete year of service, and shall be the final 2,568
authority in determining the number of years of service credit. 2,569
The board shall credit not more than one year for all service 2,570
rendered in any year. 2,571
If concurrent contributions are made to two or more 2,573
retirement systems, EXCEPT IN THE CASE OF RETIREMENT AS PROVIDED 2,574
IN SECTION 3307.351 OF THE REVISED CODE, service credit shall be 2,575
on the basis of the ratio that contributions to this system bear 2,576
to the total contributions in all such systems. 2,577
The board shall adopt rules for the purpose of determining 2,579
the number of years or partial years of service credit to be 2,580
granted to a member under section 3307.88 of the Revised Code. 2,581
The amount of service credit shall be based on the member's 2,583
length of participation in and contribution to a plan established 2,584
under section 3307.81 of the Revised Code. The board shall be 2,585
the final authority in determining the amount of service credit. 2,586
Sec. 3307.57. To coordinate and integrate membership in 2,596
the state retirement systems, the following provisions apply: 2,597
(A) As used in this section: 2,599
(1) "Retirement systems" means the public employees 2,601
retirement system, state teachers retirement system, and school 2,603
employees retirement system.
61
(2) In addition to the meaning given in section 3307.50 of 2,606
the Revised Code, "disability benefit" means "disability benefit" 2,608
as defined in sections 145.01 and 3309.01 of the Revised Code. 2,609
(B) At the option of a member participating in the plan 2,611
described in sections 3307.50 to 3307.79 of the Revised Code, 2,612
total contributions and service credit in all retirement systems, 2,614
including amounts paid to restore service credit under sections 2,615
145.311, 3307.282 3307.711, and 3309.261 of the Revised Code, 2,617
shall be used in determining the eligibility for benefits. If 2,618
total contributions and service credit are combined, the 2,619
following provisions apply:
(1) Service retirement or a disability benefit is 2,621
effective on the first day of the month next following the later 2,622
of: 2,623
(a) The last day for which compensation was paid; 2,625
(b) The attainment of minimum age or service credit for 2,627
benefits provided under this section. 2,628
(2) "Total service credit" includes the total credit in 2,630
all retirement systems except that such credit shall not exceed 2,631
one year for any period of twelve months. 2,632
(3) In determining eligibility for a disability benefit, 2,634
the medical examiner's report to the board of any retirement 2,635
system, showing that the member's disability incapacitates the 2,636
member for the performance of duty, may be accepted as sufficient 2,638
for granting a disability benefit. 2,639
(4) The retirement system in which the member had the 2,641
greatest service credit, without adjustment, shall determine and 2,642
pay the total benefit. If the member's credit is equal in two or 2,644
more retirement systems, the system having the member's largest 2,645
total contributions shall determine and pay the total benefit. 2,646
(5) In determining the total credit to be used in 2,648
calculating a benefit, credit shall not be reduced below that 2,649
certified by the system or systems transferring credit, except 2,650
that such total combined service credit shall not exceed one year 2,651
62
of credit for any one "year" as defined in the statute governing 2,652
the system making the calculation. 2,653
(6) The retirement system determining and paying the 2,655
benefit shall receive from the other system or systems the 2,656
member's refundable account at retirement or the effective date 2,657
of a disability benefit plus an equal amount from the employers' 2,658
trust fund EQUAL TO THE MEMBER'S REFUNDABLE ACCOUNT LESS INTEREST 2,659
CREDITED UNDER SECTION 145.471, 145.472, OR 3307.563 OF THE 2,660
REVISED CODE.
(a) The annuity rates and mortality tables of the 2,662
retirement system making the calculation and paying the benefit 2,663
shall be applicable. 2,664
(b) Deposits made for the purchase of additional income, 2,666
with guaranteed interest, upon the member's request, shall be 2,667
transferred to the retirement system paying the regular benefit. 2,668
The return upon such deposits shall be that offered by the 2,669
retirement system making the calculation and paying the regular 2,670
benefit. 2,671
(C) A person receiving a benefit under this section, who 2,673
accepts employment amenable to coverage in any retirement system 2,674
that participated in the person's combined benefit, shall be 2,675
subject to the applicable provisions of law governing such 2,677
re-employment. If the person is subject to section 3307.35 of 2,679
the Revised Code and exceeds the limits on re-employment 2,680
established by that section, the retirement system paying a 2,681
combined benefit shall terminate the entire pension portion of 2,682
the benefit for the period of re-employment that exceeds the 2,683
limit in that section.
If a retirant should be paid any amount to which the 2,685
retirant is not entitled under the applicable provisions of law 2,687
governing such re-employment, such amount shall be recouped by 2,688
the retirement system paying such benefit by utilizing any 2,689
recovery procedure available under the law of the retirement 2,690
system covering such re-employment. 2,691
63
Sec. 3307.771. As used in this section, "regular 2,700
employment" means a consistent pattern of employment for twelve 2,702
or more consecutive weeks by the same employer during the year. 2,703
A member of the state teachers retirement system 2,705
participating in the plan described in sections 3307.50 to 2,706
3307.79 of the Revised Code who prior to July 1, 1982, was 2,707
granted a leave of absence for pregnancy or resigned due to 2,708
pregnancy OR ADOPTION OF A CHILD may purchase service credit for 2,709
a period for which she THE MEMBER did not make contributions 2,710
under section 3307.26 of the Revised Code. Service credit 2,712
purchased under this section shall not exceed the lesser of two 2,713
years or the period from the day the leave commenced or the 2,714
effective date of resignation to the date of the member's return 2,715
to regular employment as a contributor to the retirement system. 2,716
A member may purchase credit for more than one period of absence 2,717
due to pregnancy OR ADOPTION, but the total service credit
purchased under this section, former section 3307.513, and former 2,719
section 3307.514 of the Revised Code shall not exceed two years. 2,721
The member shall submit evidence satisfactory to the retirement
board documenting that the leave or resignation was due to 2,722
pregnancy OR ADOPTION OF A CHILD. 2,723
For each year of service credit purchased under this 2,725
section, the member shall pay to the system for credit to her THE 2,726
MEMBER'S accumulated account an amount determined by multiplying 2,728
the employee rate of contribution in effect at the time the leave 2,729
or absence commenced by her THE MEMBER'S annual compensation for 2,730
full-time employment during the first year of service in Ohio 2,731
following termination of the absence or leave and adding to that 2,732
amount interest compounded annually, at a rate established by the 2,733
board, from the date the absence or leave terminated to the date 2,734
of payment.
A member may purchase all or part of the credit for which 2,736
she THE MEMBER is eligible in one or more payments. A member who 2,738
purchases service credit for an absence or leave under this 2,739
64
section may not purchase credit for that absence or leave under 2,740
section 3307.77 of the Revised Code. A member who has purchased 2,741
service credit for an absence or leave under former section 2,742
3307.513 or 3307.514 or section 3307.77 of the Revised Code may 2,743
not purchase credit under this section for the same period of 2,744
absence or leave.
The state teachers retirement board may adopt rules to 2,746
implement this section. 2,747
Sec. 3309.30. For service subsequent to June 30, 1955, the 2,756
retirement board shall credit a year of service credit to any 2,757
member employed on a full-time basis for nine or more months of 2,758
service within a year. For contributing and prior service before 2,759
July 1, 1955 only eight or more months of service on a full-time 2,760
basis within a year will be necessary for a year of service
credit. Effective July 1, 1977, full-time service is defined as 2,761
one hundred twenty or more days of school service during the 2,762
school year. If less than one hundred twenty days, such service 2,763
shall be prorated on the basis of one hundred eighty days. The 2,764
board shall adopt rules as necessary to carry out the intent of
this section. The board shall credit not more than one year for 2,765
all service rendered in any year. 2,766
Where a member is also a member of the state teachers 2,768
retirement system, the public employees retirement system, or 2,769
both, then at retirement, other than retirement on a combined 2,770
bases as provided in section 3309.35 of the Revised Code OR AS 2,771
PROVIDED IN SECTION 3309.343 OF THE REVISED CODE, adjustment
shall be made so that service credit for any period shall be 2,772
credited on the basis of the ratio that contributions to the 2,773
school employees retirement system bears to the total 2,774
contributions in all the retirement systems during that period. 2,775
Sec. 3309.341. (A) As used in this section: 2,784
(1) "SERS retirant" means any person who is receiving a 2,786
retirement allowance from the school employees retirement system 2,787
under section 3309.36, 3309.38, or 3309.381 of the Revised Code. 2,788
65
(2) "Other system retirant" means a member or former 2,790
member of the public employees retirement system, Ohio police and 2,792
fire pension fund, state teachers retirement system, state 2,793
highway patrol retirement system, or Cincinnati retirement system 2,794
who is receiving age and service or commuted age and service 2,795
retirement, or a disability benefit from a system of which the 2,796
retirant is a member or former member.
(B)(1) An SERS retirant or other system retirant may be 2,798
employed by a public employer. If so employed, the SERS retirant 2,799
or other system retirant shall contribute to the school employees 2,800
retirement system in accordance with section 3309.47 of the 2,801
Revised Code, and the employer shall make contributions in 2,802
accordance with section 3309.49 of the Revised Code. 2,803
(2) An employer that employs an SERS retirant or other 2,805
system retirant shall notify the retirement board of the 2,806
employment not later than the end of the month in which the 2,807
employment commences. On receipt of notice from an employer that 2,808
a person who is an other system retirant has been employed, the 2,809
school employees retirement system shall notify the state 2,810
retirement system of which the other system retirant was a member 2,811
of such employment. 2,812
(C) An SERS retirant or other system retirant who has 2,814
received a retirement allowance or disability benefit for less 2,816
than two months when employment subject to this section commences 2,817
shall forfeit the retirement allowance or disability benefit for 2,819
the period that begins on the date the employment commences and 2,820
ends on the EARLIER OF THE date THE EMPLOYMENT TERMINATES OR THE 2,821
DATE that is two months after the date on which the retirement 2,823
allowance or disability benefit commenced. Service and 2,824
contributions for that period shall not be included in the
calculation of any benefits payable to the SERS retirant or other 2,825
system retirant, and those contributions shall be refunded on 2,826
death or termination of the employment. 2,827
(D) On receipt of notice from the Ohio police and fire 2,830
66
pension fund, public employees retirement system, or state 2,832
teachers retirement system of the re-employment of an SERS 2,833
retirant, the school employees retirement system shall not pay,
or if paid shall recover, the amount to be forfeited by the SERS 2,834
retirant in accordance with section 145.38, 742.26, or 3307.35 of 2,836
the Revised Code.
(E)(1) On termination of employment under this section, an 2,838
SERS retirant or other system retirant may file an application 2,839
with the school employees retirement system for a benefit under 2,840
this division, which. THE BENEFIT shall consist of a single life 2,842
annuity having a reserve equal to the amount of the retirant's 2,843
accumulated contributions for the period of employment, OTHER 2,845
THAN THE CONTRIBUTIONS EXCLUDED PURSUANT TO DIVISION (C) OF THIS 2,846
SECTION, and an equal amount of the employer's contributions, 2,848
plus interest credited to the date of retirement at the rate 2,849
provided in division (I)(2) of section 3309.01 of the Revised 2,850
Code. The SERS retirant or other system retirant shall elect 2,851
either to receive the benefit as a monthly annuity for life or a 2,852
lump-sum payment discounted to the present value using the 2,853
current actuarial assumption rate of interest, except that if the 2,854
monthly annuity would be less than twenty-five dollars per month, 2,856
the retirant shall receive a lump-sum payment.
(2) A benefit payable under this division shall commence 2,858
on the first day of the month after the latest of the following: 2,859
(a) The last day for which compensation for employment 2,861
subject to this section was paid; 2,862
(b) Attainment by the SERS retirant or other system 2,864
retirant of age sixty-five; 2,865
(c) If the SERS retirant or other system retirant was 2,867
previously employed under this section and is receiving or 2,868
previously received a benefit under this division, completion of 2,869
a period of twelve months since the effective date of that 2,870
benefit. 2,871
(3) An SERS retirant or other system retirant subject to 2,873
67
this section is not a member of the school employees retirement 2,874
system; does not have any of the rights, privileges, or 2,875
obligations of membership, except as specified in this section; 2,876
and is not eligible to receive health, medical, hospital, or 2,877
surgical benefits under section 3309.69 of the Revised Code for 2,878
employment subject to this section. No amount received under 2,879
this division shall be included in determining an additional 2,880
benefit under section 3309.374 of the Revised Code or any other 2,881
post-retirement benefits. 2,882
(F)(1) If an SERS retirant or other system retirant dies 2,884
while employed in employment subject to this section, a lump-sum 2,885
payment calculated in accordance with division (E)(1) of this 2,886
section shall be paid to the beneficiary under division (H) of 2,887
this section. 2,888
(2) If at the time of death an SERS retirant or other 2,890
system retirant receiving a monthly annuity has received less 2,891
than the retirant would have received as a lump-sum payment, the 2,894
difference between the amount received and the amount that would 2,896
have been received as a lump-sum payment shall be paid to the 2,897
retirant's beneficiary under division (H) of this section. 2,899
(G) If the disability benefit of an other system retirant 2,901
employed under this section is terminated, the retirant shall 2,902
become a member of the school employees retirement system, 2,904
effective on the first day of the month next following the 2,905
termination, with all the rights, privileges, and obligations of 2,906
membership. If the retirant, after the termination of the 2,908
disability benefit, earns two years of service credit under this 2,910
retirement system or under the public employees retirement 2,911
system, Ohio police and fire pension fund, state teachers 2,912
retirement system, or state highway patrol retirement system, the 2,914
retirant's prior contributions as an other system retirant under 2,916
this section shall be included in the retirant's total service 2,917
credit as a school employees retirement system member, and the 2,919
retirant shall forfeit all rights and benefits of this section. 2,921
68
Not more than one year of credit may be given for any period of 2,922
twelve months.
(H) An SERS retirant or other system retirant employed 2,924
under this section may designate one or more persons as 2,925
beneficiary to receive any benefits payable under this section 2,926
due to death. The designation shall be in writing duly executed 2,928
on a form provided by the school employees retirement board, 2,929
signed by the SERS retirant or other system retirant, and filed 2,930
with the board prior to death. The last designation of a 2,931
beneficiary revokes all previous designations. The SERS
retirant's or other system retirant's marriage, divorce, marriage 2,932
dissolution, legal separation, withdrawal of account, birth of 2,933
the retirant's child, or adoption of a child revokes all previous 2,935
designations. If there is no designated beneficiary, the 2,936
beneficiary is the beneficiary designated under division (D) of 2,937
section 3309.44 of the Revised Code. If any benefit payable 2,938
under this section due to the death of an SERS retirant or other 2,939
system retirant is not claimed by a beneficiary within five years 2,940
after the death, the amount payable shall be transferred to the 2,941
guarantee fund and thereafter paid to the beneficiary or the 2,942
estate of the SERS retirant or other system retirant on 2,943
application to the board. 2,944
(I) This section does not affect the receipt of benefits 2,946
by or eligibility for benefits of any person who on August 29, 2,947
1976, was receiving a disability benefit or service retirement 2,948
pension or allowance from a state or municipal retirement system 2,949
in Ohio and was a member of any other state or municipal 2,950
retirement system of this state. 2,951
(J) The school employees retirement board may adopt rules 2,953
to carry out this section. 2,954
Sec. 3309.343. (A) AS USED IN THIS SECTION: 2,956
(1) IN ADDITION TO THE MEANING IN SECTION 3309.01 OF THE 2,958
REVISED CODE, WHEN APPROPRIATE "COMPENSATION" HAS THE SAME 2,959
MEANING AS IN SECTION 3307.01 OF THE REVISED CODE. 2,960
69
(2) "EARNABLE SALARY" HAS THE SAME MEANING AS IN SECTION 2,962
145.01 OF THE REVISED CODE. 2,963
(3) "SERS POSITION" MEANS A POSITION FOR WHICH A MEMBER OF 2,965
THE SCHOOL EMPLOYEES RETIREMENT SYSTEM IS MAKING CONTRIBUTIONS TO 2,966
THE SYSTEM. 2,967
(4) "OTHER STATE RETIREMENT SYSTEM" MEANS THE PUBLIC 2,969
EMPLOYEES RETIREMENT SYSTEM OR THE STATE TEACHERS RETIREMENT 2,970
SYSTEM.
(5) "STATE RETIREMENT SYSTEM" MEANS THE PUBLIC EMPLOYEES 2,972
RETIREMENT SYSTEM, STATE TEACHERS RETIREMENT SYSTEM, OR THE 2,973
SCHOOL EMPLOYEES RETIREMENT SYSTEM. 2,974
(B)(1) A MEMBER OF THE SCHOOL EMPLOYEES RETIREMENT SYSTEM 2,976
WHO HOLDS TWO OR MORE SERS POSITIONS MAY RETIRE UNDER SECTION 2,977
3309.35, 3309.36, 3309.38, OR 3309.46 OF THE REVISED CODE FROM 2,978
THE POSITION FOR WHICH THE ANNUAL COMPENSATION AT THE TIME OF 2,980
RETIREMENT IS HIGHEST AND CONTINUE TO CONTRIBUTE TO THE 2,982
RETIREMENT SYSTEM FOR THE OTHER SERS POSITION OR POSITIONS. 2,983
(2) A MEMBER OF THE SCHOOL EMPLOYEES RETIREMENT SYSTEM WHO 2,985
ALSO HOLDS ONE OR MORE OTHER POSITIONS COVERED BY THE OTHER STATE 2,986
RETIREMENT SYSTEMS MAY RETIRE UNDER SECTION 3309.35, 3309.36, 2,987
3309.38, OR 3309.46 OF THE REVISED CODE FROM THE SERS POSITION 2,988
AND CONTINUE CONTRIBUTING TO THE OTHER STATE RETIREMENT SYSTEMS 2,990
IF THE ANNUAL COMPENSATION FOR THE SERS POSITION AT THE TIME OF 2,991
RETIREMENT IS GREATER THAN ANNUAL COMPENSATION OR EARNABLE SALARY 2,993
FOR THE POSITION, OR ANY OF THE POSITIONS, COVERED BY THE OTHER 2,994
STATE RETIREMENT SYSTEMS. 2,995
(3) A MEMBER OF THE SCHOOL EMPLOYEES RETIREMENT SYSTEM WHO 2,997
HOLDS TWO OR MORE SERS POSITIONS AND AT LEAST ONE OTHER POSITION 2,998
COVERED BY ONE OF THE OTHER STATE RETIREMENT SYSTEMS MAY RETIRE 2,999
UNDER SECTION 3309.35, 3309.36, 3309.38, OR 3309.46 OF THE 3,000
REVISED CODE FROM ONE OF THE SERS POSITIONS AND CONTINUE 3,001
CONTRIBUTING TO THE SCHOOL EMPLOYEES RETIREMENT SYSTEM AND THE 3,002
OTHER STATE RETIREMENT SYSTEM IF THE ANNUAL COMPENSATION FOR THE 3,004
SERS POSITION FROM WHICH THE MEMBER IS RETIRING IS, AT THE TIME 3,005
70
OF RETIREMENT, GREATER THAN THE ANNUAL COMPENSATION OR EARNABLE 3,006
SALARY FOR ANY OF THE POSITIONS FOR WHICH THE MEMBER IS 3,007
CONTINUING TO MAKE CONTRIBUTIONS. 3,008
(4) A MEMBER OF THE SCHOOL EMPLOYEES RETIREMENT SYSTEM WHO 3,010
HAS RETIRED AS PROVIDED IN DIVISION (B)(2) OR (3) OF SECTION 3,011
145.383 OR DIVISION (B)(2) OR (3) OF SECTION 3307.351 OF THE 3,012
REVISED CODE MAY CONTINUE TO CONTRIBUTE TO THE SCHOOL EMPLOYEES 3,014
RETIREMENT SYSTEM FOR AN SERS POSITION IF THE MEMBER HELD THE 3,015
POSITION AT THE TIME OF RETIREMENT FROM THE OTHER STATE 3,016
RETIREMENT SYSTEM.
(5) A MEMBER WHO CONTRIBUTES TO THE SCHOOL EMPLOYEES 3,018
RETIREMENT SYSTEM IN ACCORDANCE WITH DIVISION (B)(1), (3), OR (4) 3,019
OF THIS SECTION SHALL CONTRIBUTE IN ACCORDANCE WITH SECTION 3,020
3309.47 OF THE REVISED CODE. THE MEMBER'S EMPLOYER SHALL 3,021
CONTRIBUTE AS PROVIDED IN SECTION 3309.49 OF THE REVISED CODE. 3,022
NEITHER THE MEMBER NOR THE MEMBER'S SURVIVORS ARE ELIGIBLE FOR 3,023
ANY BENEFITS BASED ON THOSE CONTRIBUTIONS OTHER THAN THOSE 3,024
PROVIDED UNDER THIS SECTION OR SECTION 145.383 OR 3307.351 OF THE 3,025
REVISED CODE. 3,026
(C)(1) IN DETERMINING RETIREMENT ELIGIBILITY AND THE 3,028
ANNUAL RETIREMENT ALLOWANCE OF A MEMBER WHO RETIRES AS PROVIDED 3,029
IN DIVISION (B)(1), (2), OR (3) OF THIS SECTION, THE FOLLOWING 3,030
SHALL BE USED TO THE DATE OF RETIREMENT: 3,031
(a) THE MEMBER'S EARNABLE SALARY AND COMPENSATION FOR ALL 3,033
POSITIONS COVERED BY A STATE RETIREMENT SYSTEM; 3,034
(b) TOTAL SERVICE CREDIT IN ANY STATE RETIREMENT SYSTEM, 3,036
EXCEPT THAT THE CREDIT SHALL NOT EXCEED ONE YEAR OF CREDIT FOR 3,037
ANY PERIOD OF TWELVE MONTHS; 3,038
(c) ALL CONTRIBUTIONS, INCLUDING AMOUNTS PAID TO PURCHASE 3,040
SERVICE CREDIT AND AMOUNTS PAID TO RESTORE SERVICE CREDIT UNDER 3,041
SECTIONS 145.311, 3307.711, AND 3309.261 OF THE REVISED CODE. 3,043
(2) A MEMBER WHO RETIRES AS PROVIDED IN DIVISION (B)(1), 3,045
(2), OR (3) OF THIS SECTION IS A RETIRANT FOR ALL PURPOSES OF 3,046
THIS CHAPTER, EXCEPT THAT THE MEMBER IS NOT SUBJECT TO SECTION 3,047
71
3309.341 OF THE REVISED CODE FOR A POSITION OR POSITIONS FOR 3,048
WHICH CONTRIBUTIONS CONTINUE UNDER THOSE DIVISIONS OR DIVISION 3,049
(B)(4) OF THIS SECTION. 3,050
(D) ON RETIREMENT FROM A POSITION FOR WHICH CONTRIBUTIONS 3,052
WERE MADE UNDER DIVISION (B)(1), (3), OR (4) OF THIS SECTION, THE 3,053
RETIRED MEMBER IS ELIGIBLE FOR A BENEFIT CONSISTING OF A SINGLE 3,054
LIFE ANNUITY HAVING A RESERVE EQUAL TO THE AMOUNT OF THE RETIRED 3,056
MEMBER'S ACCUMULATED CONTRIBUTIONS UNDER DIVISION (B)(1), (3), OR 3,057
(4) OF THIS SECTION PLUS AN EQUAL AMOUNT OF THE EMPLOYER'S 3,058
CONTRIBUTIONS PLUS INTEREST CREDITED TO THE DATE OF RETIREMENT AT 3,059
THE RATE PROVIDED IN DIVISION (I)(2) OF SECTION 3309.01 OF THE 3,060
REVISED CODE. THE RETIRED MEMBER SHALL ELECT EITHER TO RECEIVE 3,061
THE BENEFIT AS A MONTHLY ANNUITY FOR LIFE OR A LUMP-SUM PAYMENT 3,062
DISCOUNTED TO THE PRESENT VALUE USING THE CURRENT ACTUARIAL 3,064
ASSUMPTION RATE OF INTEREST, EXCEPT THAT IF THE ANNUITY WOULD BE 3,065
LESS THAN TWENTY-FIVE DOLLARS PER MONTH, THE RETIRED MEMBER SHALL 3,066
RECEIVE A LUMP-SUM PAYMENT.
A BENEFIT PAYABLE UNDER THIS DIVISION COMMENCES ON THE 3,068
LATER OF THE FIRST DAY OF THE FIRST MONTH FOLLOWING THE LAST DAY 3,070
FOR WHICH THE RETIRED MEMBER CONTRIBUTED UNDER DIVISION (B)(1), 3,071
(3), OR (4) OF THIS SECTION OR ATTAINMENT BY THE RETIRED MEMBER 3,072
OF AGE SIXTY-FIVE.
A RETIRED MEMBER RECEIVING A BENEFIT UNDER THIS DIVISION IS 3,074
NOT A MEMBER OF THE SCHOOL EMPLOYEES RETIREMENT SYSTEM AND DOES 3,075
NOT HAVE ANY RIGHTS, PRIVILEGES, OR OBLIGATIONS OF MEMBERSHIP. 3,076
NO AMOUNTS RECEIVED UNDER THIS DIVISION SHALL BE INCLUDED IN 3,077
DETERMINING AN INCREASE UNDER SECTION 3309.374 OF THE REVISED 3,078
CODE OR ANY OTHER POST-RETIREMENT BENEFIT INCREASE. THE RETIRED 3,080
MEMBER IS AN SERS RETIRANT FOR PURPOSES OF SECTION 3309.341 OF 3,081
THE REVISED CODE. 3,082
(E) IF A MEMBER CONTRIBUTING TOWARD A BENEFIT UNDER 3,084
DIVISION (D) OF THIS SECTION DIES BEFORE RECEIVING THE BENEFIT, A 3,086
LUMP SUM CALCULATED IN ACCORDANCE WITH THAT DIVISION SHALL BE 3,087
PAID TO THE BENEFICIARY DESIGNATED UNDER DIVISION (F) OF THIS 3,089
72
SECTION.
IF A RETIRED MEMBER RECEIVING A MONTHLY ANNUITY UNDER 3,091
DIVISION (D) OF THIS SECTION DIES BEFORE RECEIVING AN AMOUNT 3,092
EQUAL TO THE LUMP-SUM PAYMENT THAT WOULD BE PAID UNDER THAT 3,093
DIVISION, THE DIFFERENCE BETWEEN THE AMOUNT RECEIVED AND THE 3,094
AMOUNT THAT WOULD HAVE BEEN PAID AS A LUMP-SUM PAYMENT SHALL BE 3,095
PAID TO THE BENEFICIARY DESIGNATED UNDER DIVISION (F) OF THIS 3,096
SECTION.
(F) A RETIRED MEMBER MAY DESIGNATE ONE OR MORE PERSONS AS 3,098
BENEFICIARY TO RECEIVE ANY BENEFITS PAYABLE UNDER DIVISION (E) OF 3,099
THIS SECTION DUE TO DEATH. THE DESIGNATION SHALL BE IN WRITING 3,100
DULY EXECUTED ON A FORM PROVIDED BY THE SCHOOL EMPLOYEES 3,101
RETIREMENT SYSTEM, SIGNED BY THE RETIRED MEMBER AND FILED WITH
THE BOARD PRIOR TO DEATH. THE LAST DESIGNATION OF THE 3,102
BENEFICIARY REVOKES ALL PREVIOUS DESIGNATIONS. THE RETIRED 3,103
MEMBER'S MARRIAGE, DIVORCE, MARRIAGE TERMINATION, LEGAL 3,104
SEPARATION, OR BIRTH OR ADOPTION OF A CHILD REVOKES ALL PREVIOUS 3,105
DESIGNATIONS. IF THERE IS NO DESIGNATED BENEFICIARY, THE 3,106
BENEFICIARY IS THE BENEFICIARY DETERMINED UNDER DIVISION (D) OF 3,107
SECTION 3309.44 OF THE REVISED CODE. IF ANY BENEFIT PAYABLE 3,109
UNDER THIS SECTION DUE TO THE DEATH OF A RETIRED MEMBER IS NOT 3,110
CLAIMED BY A BENEFICIARY WITHIN FIVE YEARS AFTER DEATH, THE 3,111
AMOUNT PAYABLE SHALL BE TRANSFERRED TO THE GUARANTEE FUND AND 3,112
THEREAFTER PAID TO THE BENEFICIARY OR THE ESTATE OF THE RETIRED 3,113
MEMBER ON APPLICATION TO THE SYSTEM.
(G) THE SCHOOL EMPLOYEES RETIREMENT BOARD MAY ADOPT RULES 3,115
TO CARRY OUT THIS SECTION. 3,116
Sec. 3309.35. (A) As used in this section: 3,125
(1) "State retirement system" means the public employees 3,127
retirement system, state teachers retirement system, or school 3,128
employees retirement system. 3,129
(2) "Total service credit" means all service credit earned 3,131
in all state retirement systems, except credit for service 3,132
subject to section 3309.341 of the Revised Code. Total service 3,133
73
credit shall not exceed one year of credit for any twelve-month 3,134
period. 3,135
(3) In addition to the meaning given in division (O) of 3,137
section 3309.01 of the Revised Code, "disability benefit" means 3,138
"disability benefit" as defined in sections 145.01 and 3307.01 of 3,139
the Revised Code. 3,140
(B) To coordinate and integrate membership in the state 3,142
retirement systems, at the option of a member, total 3,144
contributions and service credit in all state retirement systems, 3,145
including amounts paid to restore service credit under sections 3,146
145.311, 3307.711, and 3309.261 of the Revised Code, shall be 3,147
used in determining the eligibility and total retirement or 3,148
disability benefit payable. When total contributions and service 3,149
credit are so combined, the following provisions apply: 3,150
(1) Service and commuted service retirement or a 3,152
disability benefit is effective no sooner than the first day of 3,153
the month next following the last day of employment for which 3,154
compensation was paid. If the application is filed after that 3,155
date, the board may retire the member on the first day of the 3,156
month next following the last day of employment for which 3,157
compensation was paid. 3,158
(2) In determining eligibility for a disability benefit, 3,160
the medical examiner's report to the retirement board of any 3,161
state retirement system, showing that the member's disability 3,162
incapacitates the member for the performance of duty, may be 3,163
accepted by the state retirement boards as sufficient for 3,165
granting a disability benefit. 3,166
(3) The state retirement system in which the member had 3,168
the greatest service credit, without adjustment, shall determine 3,169
and pay the total retirement or disability benefit. Where the 3,170
member's credit is equal in two or more state retirement systems, 3,172
the system having the largest total contributions of the member 3,173
shall determine and pay the total benefit. 3,174
(4) In determining the total credit to be used in 3,176
74
calculating a retirement allowance or disability benefit, credit 3,177
shall not be reduced below that certified by the system or 3,178
systems transferring credit, except that such total combined 3,179
service credit shall not exceed one year of credit for any one 3,180
"year" as defined in the law of the system making the 3,181
calculation. 3,182
(5) The state retirement system determining and paying a 3,184
retirement or disability benefit shall receive from the other 3,185
system or systems the member's refundable account at retirement 3,186
or the effective date of a disability benefit plus an equal 3,187
amount from the employers' trust fund EQUAL TO THE MEMBER'S 3,188
REFUNDABLE ACCOUNT LESS THE INTEREST CREDITED UNDER SECTION 3,189
145.471, 145.472, OR 3307.563 OF THE REVISED CODE. 3,190
(a) The annuity rates and mortality tables of the state 3,192
retirement system making the calculation and paying the benefit 3,193
shall be exclusively applicable. 3,194
(b) Deposits made for the purchase of an additional 3,196
annuity, and including guaranteed interest, upon the request of 3,197
the member, shall be transferred to the state retirement system 3,198
paying the retirement or disability benefit. The return upon 3,199
such deposits shall be that offered by the state retirement 3,200
system making the calculation and paying the retirement or 3,201
disability benefit. 3,202
(C) A former member receiving a retirement or disability 3,204
benefit under this section, who accepts employment amenable to 3,205
coverage in any state retirement system that participated in the 3,206
member's combined benefit, shall be subject to the applicable 3,208
provisions of law governing such re-employment. If the former 3,209
member is subject to section 3307.35 of the Revised Code and 3,210
exceeds the limits on re-employment established by that section, 3,211
the state retirement system paying a combined benefit shall 3,212
terminate the entire pension portion of the benefit for the 3,213
period of re-employment that exceeds the limit in that section. 3,214
If a former member should be paid any amount in a retirement 3,215
75
allowance, to which the former member is not entitled under the 3,217
applicable provisions of law governing such re-employment, such 3,218
amount shall be recovered by the state retirement system paying 3,219
such allowance by utilizing any recovery procedure available 3,220
under the code provisions of the state retirement system covering 3,221
such re-employment. 3,222
(D) An SERS retirant or other system retirant, as defined 3,224
in section 3309.341 of the Revised Code, is not eligible to 3,225
receive any benefit under this section for service subject to 3,226
section 3309.341 of the Revised Code. 3,227
Sec. 3309.473. (A) EXCEPT AS PROVIDED IN DIVISION (D) OF 3,230
THIS SECTION, A MEMBER OF THE SCHOOL EMPLOYEES RETIREMENT SYSTEM 3,231
WHO RESIGNED DUE TO PREGNANCY OR ADOPTION OF A CHILD MAY PURCHASE 3,232
SERVICE CREDIT FOR A PERIOD FOLLOWING THE RESIGNATION DURING 3,233
WHICH THE MEMBER DID NOT MAKE CONTRIBUTIONS UNDER SECTION 3309.47 3,234
OF THE REVISED CODE, IF THE MEMBER MEETS BOTH OF THE FOLLOWING 3,236
CONDITIONS:
(1) THE MEMBER HAS EARNED A MINIMUM OF ONE YEAR OF SERVICE 3,238
CREDIT SUBSEQUENT TO THE DATE OF THE MEMBER'S RETURN TO 3,239
EMPLOYMENT AS A CONTRIBUTOR TO THE SYSTEM. 3,240
(2) THE MEMBER RETURNED TO EMPLOYMENT AS A CONTRIBUTOR NOT 3,242
LATER THAN THE FIRST DAY OF CLASSES OF THE THIRD SCHOOL YEAR 3,243
FOLLOWING THE DATE OF RESIGNATION. 3,244
SERVICE CREDIT PURCHASED UNDER THIS SECTION MAY NOT EXCEED 3,246
THE LESSER OF TWO YEARS OR AN AMOUNT EQUAL TO THE PERIOD FROM THE 3,247
EFFECTIVE DATE OF THE RESIGNATION TO THE DATE OF RETURN TO 3,248
EMPLOYMENT AS A CONTRIBUTOR. SERVICE CREDIT MAY BE PURCHASED FOR 3,249
MORE THAN ONE PERIOD OF RESIGNATION DUE TO PREGNANCY OR ADOPTION 3,250
OF A CHILD, BUT THE TOTAL SERVICE CREDIT PURCHASED MAY NOT EXCEED 3,251
TWO YEARS. THE MEMBER MUST SUBMIT EVIDENCE SATISFACTORY TO THE 3,252
SCHOOL EMPLOYEES RETIREMENT BOARD DOCUMENTING THAT THE 3,253
RESIGNATION WAS DUE TO PREGNANCY OR ADOPTION OF A CHILD AND THAT 3,254
THE MEMBER MEETS THE REQUIREMENT IN DIVISION (A)(1) OF THIS 3,255
SECTION.
76
(B) FOR EACH YEAR OF SERVICE CREDIT PURCHASED UNDER THIS 3,257
SECTION: 3,258
(1) THE MEMBER SHALL PAY TO THE SYSTEM FOR CREDIT TO THE 3,260
MEMBER'S ACCUMULATED ACCOUNT AN AMOUNT EQUAL TO THE MEMBER'S 3,261
CONTRIBUTIONS FOR FULL-TIME EMPLOYMENT FOR THE FIRST YEAR OF 3,262
SERVICE SUBSEQUENT TO THE MEMBER'S RETURN TO EMPLOYMENT AS A 3,263
CONTRIBUTOR, PLUS COMPOUND INTEREST THEREON AT A RATE ESTABLISHED 3,264
BY THE BOARD, FROM THE DATE OF THE MEMBER'S RETURN TO EMPLOYMENT 3,265
AS A CONTRIBUTOR TO THE DATE OF PAYMENT. 3,266
(2) THE MEMBER'S EMPLOYER AT THE TIME OF RESIGNATION SHALL 3,268
PAY AN AMOUNT CERTIFIED BY THE SYSTEM, WHICH SHALL BE AN AMOUNT 3,269
EQUAL TO THE EMPLOYER CONTRIBUTION FOR FULL-TIME EMPLOYMENT FOR 3,270
THE MEMBER'S FIRST YEAR OF SERVICE SUBSEQUENT TO THE MEMBER'S 3,271
RETURN TO EMPLOYMENT AS A CONTRIBUTOR, PLUS COMPOUND INTEREST 3,272
THEREON AT A RATE ESTABLISHED BY THE BOARD, FROM THE DATE OF THE 3,273
MEMBER'S RETURN TO EMPLOYMENT AS A CONTRIBUTOR TO THE DATE OF 3,274
PAYMENT.
(C) A MEMBER MAY PURCHASE ALL OR PART OF THE CREDIT FOR 3,276
WHICH THE MEMBER IS ELIGIBLE IN ONE OR MORE PAYMENTS. SERVICE 3,277
CREDIT PURCHASED UNDER THIS SECTION SHALL BE INCLUDED IN THE 3,278
MEMBER'S TOTAL SERVICE CREDIT. 3,279
(D) A MEMBER WHO HAS PURCHASED SERVICE CREDIT UNDER 3,281
SECTION 3309.472 OF THE REVISED CODE FOR A PERIOD OF ABSENCE MAY 3,282
NOT PURCHASE CREDIT UNDER THIS SECTION FOR THE SAME PERIOD OF 3,283
ABSENCE.
(E) THE BOARD MAY ADOPT RULES TO IMPLEMENT THIS SECTION. 3,285
Sec. 3309.51. Each employer shall pay annually into the 3,294
employers' trust fund, in such monthly or less frequent 3,295
installments as the school employees retirement board requires, 3,296
an amount certified by the school employees retirement board, 3,297
which shall be as required by Chapter 3309. of the Revised Code. 3,298
Payments by boards of education AND GOVERNING AUTHORITIES 3,300
OF COMMUNITY SCHOOLS to the employers' trust fund of the school 3,302
employees retirement system may be made from the amounts 3,303
77
allocated under SECTION 3314.08 OR Chapter 3317. of the Revised 3,304
Code prior to their distribution to the individual school 3,305
districts OR COMMUNITY SCHOOLS. The amount due from each school 3,306
district OR COMMUNITY SCHOOL may be certified by the secretary of 3,308
the system to the state superintendent of public instruction 3,309
monthly, or at such times as is determined by the school 3,310
employees retirement board.
The superintendent shall deduct from the amount allocated 3,312
to each district OR COMMUNITY SCHOOL under SECTION 3314.08 OR 3,313
Chapter 3317. of the Revised Code the entire amounts due to the 3,315
system from such district OR SCHOOL upon the certification to him 3,316
THE SUPERINTENDENT by the secretary thereof. 3,317
Where an employer fails or refuses to make payments to the 3,319
employers' trust fund, as provided for under Chapter 3309. of the 3,320
Revised Code, on a direct pay basis, the secretary of the school 3,321
employees retirement system may certify to the state 3,322
superintendent of public instruction, monthly or at such times as 3,323
is determined by the school employees retirement board, the 3,324
amount due from such employer, and the superintendent shall 3,325
deduct from the amount allocated to each district OR COMMUNITY 3,326
SCHOOL under SECTION 3314.08 OR Chapter 3317. of the Revised Code 3,328
the entire amounts due to the system from such districts OR 3,329
SCHOOLS upon the certification to him THE SUPERINTENDENT by the 3,331
secretary of the school employees retirement system. 3,332
The superintendent shall certify to the director of budget 3,334
and management the amounts thus due the system for payment. 3,335
Section 2. That existing sections 101.82, 145.01, 145.23, 3,337
145.31, 145.37, 145.38, 145.40, 145.43, 742.26, 3307.31, 3307.35, 3,339
3307.53, 3307.57, 3307.771, 3309.30, 3309.341, 3309.35, and 3,340
3309.51 of the Revised Code are hereby repealed. 3,341
Section 3. That section 145.202 of the Revised Code is 3,344
hereby repealed.
Section 4. Except as otherwise provided in this section, 3,346
Sections 1 and 2 of this act shall take effect on the ninetieth 3,347
78
day after the effective date of this section. Sections 101.82, 3,348
145.01, 145.37, 145.38, 145.383, 742.26, 3307.31, 3307.35, 3,349
3307.351, 3307.53, 3307.57, 3307.771, 3309.30, 3309.341, 3,350
3309.343, 3309.35, 3309.473, and 3309.51 of the Revised Code, as 3,352
amended or enacted by this act, shall take effect at the earliest 3,353
time permitted by law; however, the amendment of divisions (I) 3,354
and (J) of section 145.01, division (B)(1)(e) of section 145.37, 3,355
division (B) of section 3307.57, and division (B) of section 3,356
3309.35 of the Revised Code shall not be applied to any facts 3,357
occurring before the ninetieth day after the effective date of 3,358
this section.
Section 5. A person who, on the effective date of this 3,360
section and for a period exceeding two months, is subject to a 3,361
forfeiture of an allowance or benefit pursuant to division (B) of 3,363
section 145.38 or section 3307.35 of the Revised Code as that 3,364
division and section existed immediately prior to the effective 3,365
date of this section shall cease to be subject to the forfeiture 3,366
as follows:
(A) If the person has been subject to the forfeiture for 3,368
at least two months, on the effective date of this section; 3,369
(B) If the person has not been subject to the forfeiture 3,371
for at least two months, on the earlier of the date the 3,372
employment that caused the forfeiture terminates or the date that 3,373
is two months after the date on which the person's allowance or 3,374
benefit commenced. 3,375
Section 6. (A) As used in this section: 3,377
(1) "(C)(1)(b) election" means an election made under 3,379
division (C)(1)(b) of section 145.38 of the Revised Code as that 3,380
division existed immediately prior to the effective date of this 3,381
section.
(2) "Reelected official" means a PERS retirant, as defined 3,383
in section 145.38 of the Revised Code, described in division 3,384
(C)(4) of that section as that division existed immediately prior 3,385
to the effective date of this section. 3,386
79
(B) Notwithstanding division (C) of section 145.38 of the 3,388
Revised Code, a reelected official who on the effective date of 3,389
this section is subject to a (C)(1)(b) election may elect to 3,390
continue to be subject to that election or elect to cease to be 3,391
subject to that election. 3,392
If the reelected official elects to cease to be subject to 3,394
the (C)(1)(b) election, all of the following apply: 3,395
(1) Any forfeiture or suspension required by division 3,397
(C)(2) of section 145.38 of the Revised Code as that division 3,398
existed immediately prior to the effective date of this section 3,399
that exceeds the forfeiture required by Section 5 of this act 3,400
shall cease on the later of the following: 3,401
(a) The earlier of the date the employment that caused the 3,403
forfeiture and suspension terminates or the date that is two 3,404
months after the date on which the person's retirement allowance 3,405
commenced; 3,406
(b) The effective date of this section. 3,408
(2) The reelected official's retirement allowance that 3,410
accumulated to the official's credit pursuant to division (C) of 3,411
section 145.38 of the Revised Code shall be paid to the official 3,412
in a single payment as soon as possible after the reelected 3,413
official elects to cease to be subject to the (C)(1)(b) election. 3,414
(3) For the purpose of division (D) of section 145.38 of 3,416
the Revised Code, the reelected official shall be treated as a 3,417
reemployed retirant who made the election under division 3,418
(C)(1)(a) of section 145.38 of the Revised Code as that division 3,419
existed immediately prior to the effective date of this section. 3,420
Section 7. The Public Employees Retirement Board and the 3,422
State Teachers Retirement Board may each adopt rules to implement 3,424
Section 5 of this act. The Public Employees Retirement Board may
adopt rules to implement Section 6 of this act. 3,425