As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 190 5
1999-2000 6
SENATORS BLESSING-CARNES-OELSLAGER-BRADY-HAGAN-FINGERHUT- 8
SHOEMAKER-KEARNS-MALLORY-McLIN-WHITE 9
_________________________________________________________________ 11
A B I L L
To amend sections 145.28, 145.293, 145.301, 145.311, 13
145.312, 145.35, 145.37, 145.38, 145.45, 742.26, 14
742.379, 2329.66, 3305.01, 3305.06, 3307.01, 15
3307.013, 3307.02, 3307.021, 3307.022, 3307.05,
3307.07, 3307.08, 3307.09, 3307.10, 3307.11, 16
3307.111, 3307.14, 3307.15, 3307.19, 3307.20, 17
3307.201, 3307.21, 3307.22, 3307.26, 3307.28, 18
3307.281, 3307.282, 3307.283, 3307.29, 3307.30, 19
3307.31, 3307.311, 3307.32, 3307.33, 3307.35, 20
3307.36, 3307.371, 3307.38, 3307.381, 3307.382, 21
3307.383, 3307.384, 3307.39, 3307.40, 3307.401, 22
3307.402, 3307.403, 3307.404, 3307.405, 3307.406,
3307.407, 3307.408, 3307.409, 3307.4010, 23
3307.4011, 3307.4012, 3307.4013, 3307.41, 24
3307.411, 3307.412, 3307.42, 3307.421, 3307.43, 25
3307.431, 3307.44, 3307.46, 3307.47, 3307.48,
3307.49, 3307.50, 3307.51, 3307.511, 3307.512, 26
3307.515, 3307.53, 3307.56, 3307.58, 3307.59, 27
3307.60, 3307.61, 3307.62, 3307.64, 3307.65,
3307.651, 3307.66, 3307.68, 3307.69, 3307.70, 28
3307.71, 3307.711, 3307.712, 3307.72, 3307.73, 29
3307.74, 3307.741, 3307.751, 3307.78, 3307.80, 30
3309.021, 3309.261, 3309.262, 3309.301, 3309.31,
3309.341, 3309.35, 3309.39, 3309.45, 3313.975, 31
3317.011, 3317.13, 3319.08, 5101.181, 5505.161, 32
and 5505.202; to amend, for the purpose of
adopting new section numbers as indicated in 33
2
parentheses, sections 3307.013 (3307.501), 34
3307.02 (3307.75), 3307.021 (3307.751), 3307.022 35
(3307.752), 3307.111 (3307.151), 3307.14
(3307.181), 3307.20 (3307.51), 3307.201 36
(3307.512), 3307.21 (3307.20), 3307.22 (3307.73), 37
3307.26 (3307.241), 3307.27 (3307.24), 3307.28
(3307.71), 3307.281 (3307.70), 3307.282 38
(3307.711), 3307.283 (3307.712), 3307.29 39
(3307.23), 3307.30 (3307.231), 3307.31 (3307.53), 40
3307.311 (3307.78), 3307.32 (3307.74), 3307.33
(3307.741), 3307.35 (3307.54), 3307.36 (3307.52), 41
3307.371 (3307.69), 3307.38 (3307.58), 3307.381 42
(3307.35), 3307.382 (3307.691), 3307.383 43
(3307.79), 3307.384 (3307.692), 3307.39
(3307.59), 3307.40 (3307.392), 3307.401 44
(3307.693), 3307.402 (3307.694), 3307.403 45
(3307.67), 3307.404 (3307.695), 3307.405
(3307.61), 3307.406 (3307.696), 3307.407 46
(3307.697), 3307.408 (3307.671), 3307.409 47
(3307.698), 3307.4010 (3307.699), 3307.4011
(3307.6910), 3307.4012 (3307.46), 3307.4013 48
(3307.6911), 3307.41 (3307.57), 3307.411 49
(3307.76), 3307.412 (3307.761), 3307.42
(3307.62), 3307.421 (3307.513), 3307.43 50
(3307.63), 3307.431 (3307.631), 3307.44 51
(3307.64), 3307.46 (3307.56), 3307.47 (3307.561), 52
3307.48 (3307.562), 3307.49 (3307.66), 3307.50
(3307.60), 3307.51 (3307.26), 3307.511 53
(3307.261), 3307.512 (3307.77), 3307.515 54
(3307.771), 3307.53 (3307.28), 3307.56 (3307.31), 55
3307.58 (3307.21), 3307.59 (3307.211), 3307.60
(3307.212), 3307.61 (3307.29), 3307.62 56
(3307.291), 3307.63 (3307.213), 3307.64 57
(3307.30), 3307.65 (3307.14), 3307.651
3
(3307.142), 3307.66 (3307.141), 3307.68 58
(3307.96), 3307.69 (3307.97), 3307.70 (3307.98), 59
3307.71 (3307.41), 3307.711 (3307.42), 3307.712 60
(3307.44), 3307.72 (3307.37), 3307.73 (3307.72), 61
3307.74 (3307.39), 3307.741 (3307.391), 3307.75
(3307.32), 3307.751 (3307.47), 3307.78 62
(3307.6912), and 3307.80 (3307.563); to enact new 64
sections 3307.27, 3307.33, 3307.50, 3307.511, and 65
3307.80 and sections 3307.031, 3307.121, 3307.25, 66
3307.251, 3307.252, 3307.661, 3307.6913, 67
3307.6914, 3307.81, 3307.811, 3307.812, 3307.82, 68
3307.821, 3307.83, 3307.84, 3307.86, 3307.88, 69
3307.881, 3307.882, and 3307.89; and to repeal 70
sections 3307.012, 3307.34, 3307.37, 3307.513, 71
and 3307.514 of the Revised Code to increase
certain benefits paid by the State Teachers 72
Retirement System and to require the System to 73
establish a defined contribution plan that
members can select as an alternative to the 75
System's existing defined benefit plan.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 77
Section 1. That sections 145.28, 145.293, 145.301, 79
145.311, 145.312, 145.35, 145.37, 145.38, 145.45, 742.26, 80
742.379, 2329.66, 3305.01, 3305.06, 3307.01, 3307.013, 3307.02, 81
3307.021, 3307.022, 3307.05, 3307.07, 3307.08, 3307.09, 3307.10, 82
3307.11, 3307.111, 3307.14, 3307.15, 3307.19, 3307.20, 3307.201, 84
3307.21, 3307.22, 3307.26, 3307.28, 3307.281, 3307.282, 3307.283,
3307.29, 3307.30, 3307.31, 3307.311, 3307.32, 3307.33, 3307.35, 86
3307.36, 3307.371, 3307.38, 3307.381, 3307.382, 3307.383, 87
3307.384, 3307.39, 3307.40, 3307.401, 3307.402, 3307.403, 88
3307.404, 3307.405, 3307.406, 3307.407, 3307.408, 3307.409, 89
3307.4010, 3307.4011, 3307.4012, 3307.4013, 3307.41, 3307.411, 90
4
3307.412, 3307.42, 3307.421, 3307.43, 3307.431, 3307.44, 3307.46, 91
3307.47, 3307.48, 3307.49, 3307.50, 3307.51, 3307.511, 3307.512, 92
3307.515, 3307.53, 3307.56, 3307.58, 3307.59, 3307.60, 3307.61, 93
3307.62, 3307.64, 3307.65, 3307.651, 3307.66, 3307.68, 3307.69, 94
3307.70, 3307.71, 3307.711, 3307.712, 3307.72, 3307.73, 3307.74, 95
3307.741, 3307.751, 3307.78, 3307.80, 3309.021, 3309.261, 96
3309.262, 3309.301, 3309.31, 3309.341, 3309.35, 3309.39, 3309.45, 97
3313.975, 3317.011, 3317.13, 3319.08, 5101.181, 5505.161, and 98
5505.202 be amended; that sections 3307.013 (3307.501), 3307.02 99
(3307.75), 3307.021 (3307.751), 3307.022 (3307.752), 3307.111 100
(3307.151), 3307.14 (3307.181), 3307.20 (3307.51), 3307.201 101
(3307.512), 3307.21 (3307.20), 3307.22 (3307.73), 3307.26 102
(3307.241), 3307.27 (3307.24), 3307.28 (3307.71), 3307.281 103
(3307.70), 3307.282 (3307.711), 3307.283 (3307.712), 3307.29 104
(3307.23), 3307.30 (3307.231), 3307.31 (3307.53), 3307.311 105
(3307.78), 3307.32 (3307.74), 3307.33 (3307.741), 3307.35 106
(3307.54), 3307.36 (3307.52), 3307.371 (3307.69), 3307.38 107
(3307.58), 3307.381 (3307.35), 3307.382 (3307.691), 3307.383 108
(3307.79), 3307.384 (3307.692), 3307.39 (3307.59), 3307.40 109
(3307.392), 3307.401 (3307.693), 3307.402 (3307.694), 3307.403 110
(3307.67), 3307.404 (3307.695), 3307.405 (3307.61), 3307.406 111
(3307.696), 3307.407 (3307.697), 3307.408 (3307.671), 3307.409 112
(3307.698), 3307.4010 (3307.699), 3307.4011 (3307.6910), 113
3307.4012 (3307.46), 3307.4013 (3307.6911), 3307.41 (3307.57), 114
3307.411 (3307.76), 3307.412 (3307.761), 3307.42 (3307.62), 115
3307.421 (3307.513), 3307.43 (3307.63), 3307.431 (3307.631), 116
3307.44 (3307.64), 3307.46 (3307.56), 3307.47 (3307.561), 3307.48 117
(3307.562), 3307.49 (3307.66), 3307.50 (3307.60), 3307.51 118
(3307.26), 3307.511 (3307.261), 3307.512 (3307.77), 3307.515 119
(3307.771), 3307.53 (3307.28), 3307.56 (3307.31), 3307.58 120
(3307.21), 3307.59 (3307.211), 3307.60 (3307.212), 3307.61 121
(3307.29), 3307.62 (3307.291), 3307.63 (3307.213), 3307.64 122
(3307.30), 3307.65 (3307.14), 3307.651 (3307.142), 3307.66 123
(3307.141), 3307.68 (3307.96), 3307.69 (3307.97), 3307.70 124
5
(3307.98), 3307.71 (3307.41), 3307.711 (3307.42), 3307.712 125
(3307.44), 3307.72 (3307.37), 3307.73 (3307.72), 3307.74 126
(3307.39), 3307.741 (3307.391), 3307.75 (3307.32), 3307.751 127
(3307.47), 3307.78 (3307.6912), and 3307.80 (3307.563) be 128
amended, for the purpose of adopting new section numbers as 129
indicated in parentheses; and that new sections 3307.27, 3307.33, 130
3307.50, 3307.511, and 3307.80 and sections 3307.031, 3307.121, 133
3307.25, 3307.251, 3307.252, 3307.661, 3307.6913, 3307.6914, 134
3307.81, 3307.811, 3307.812, 3307.82, 3307.821, 3307.83, 3307.84, 135
3307.86, 3307.88, 3307.881, 3307.882, and 3307.89 of the Revised 136
Code be enacted read as follows: 137
Sec. 145.28. (A)(1) Except as provided in division (A)(2) 146
of this section, a member of the public employees retirement 147
system with at least eighteen months of contributing service in 148
the system, the state teachers retirement system, or the school 149
employees retirement system who exempted himself SELF from 150
membership in one or more of the systems pursuant to section 152
145.03 or 3309.23 of the Revised Code, or former section 3307.25 153
or 3309.25 of the Revised Code, or was exempt under section 154
3307.27 3307.24 of the Revised Code, may purchase credit for each 156
year or portion of a year of service for which he THE MEMBER was 157
exempted.
(2) A member may not purchase credit under this section 159
for exempted service if the service was exempted from 160
contribution under section 145.03 of the Revised Code and subject 161
to the tax on wages imposed by the "Federal Insurance 162
Contributions Act," 68A Stat. 415 (1954), 26 U.S.C.A. 3101, as 163
amended. 164
(B) For each year or portion of a year of credit purchased 166
under this section, a member shall pay to the retirement system 167
an amount determined by multiplying the member's earnable salary 168
for the twelve months of contributing service preceding the month 169
in which he THE MEMBER applies to purchase the credit by a 170
percentage rate established by rule of the public employees 172
6
retirement board adopted under division (F) of this section. 173
(C) Subject to board rules, a member may purchase all or 175
part of the credit he THE MEMBER is eligible to purchase under 176
this section in one or more payments. If the member purchases 178
the credit in more than one payment, compound interest at a rate 179
specified by rule of the board shall be charged on the balance 180
remaining after the first payment is made. 181
(D) Credit purchasable under this section shall not exceed 183
one year of service for any twelve-month period. If the period 184
of service for which credit is purchasable under this section is 185
concurrent with a period of service that will be used to 186
calculate a retirement benefit from this system, the state 187
teachers retirement system, or school employees retirement 188
system, the amount of the credit shall be adjusted in accordance 189
with rules adopted by the public employees retirement board. 190
A member who is also a member of the state teachers 192
retirement system or the school employees retirement system shall 193
purchase credit for any service for which he THE MEMBER exempted 194
himself SELF under section 145.03 or 3309.23 of the Revised Code, 196
or former section 3307.25 or 3309.25 of the Revised Code, or was 197
exempt under section 3307.27 3307.24 of the Revised Code, from 198
the retirement system in which he THE MEMBER has the greatest 200
number of years of service credit. If the member receives 202
benefits under section 145.37 of the Revised Code, the retirement 203
system that determines and pays the benefit shall receive from 204
the other system or systems the amounts paid by the member for 205
purchase of credit for exempt service plus interest at the 206
actuarial assumption rate of the system paying that amount. The 207
interest shall be for the period beginning on the date of the 208
member's last payment for purchase of the credit and ending on 209
the date of the member's retirement.
(E) If a member dies or withdraws from service, any 211
payment made by the member under this section shall be considered 212
as accumulated contributions of the member. 213
7
(F) The retirement board shall adopt rules to implement 215
this section. 216
Sec. 145.293. (A) Service credit purchased under this 225
section shall be included in the member's total service credit. 226
Credit may be purchased for the following: 227
(1) Service rendered in another state, and service in any 229
entity operated by the United States government, that, if served 230
in a comparable position in Ohio, would be covered by the public 231
employees retirement system, Ohio police and fire pension fund, 233
state teachers retirement system, school employees retirement 234
system, or state highway patrol retirement system; 235
(2) Service for which contributions were made by the 237
member or on the member's behalf to a municipal retirement system 239
in this state.
The number of years purchased under this section shall not 241
exceed the lesser of five years or the member's total accumulated 242
number of years of Ohio service. 243
(B) For each year of service purchased, a member shall pay 245
to the public employees retirement system for credit to the 246
member's accumulated account an amount equal to the member's 248
retirement contribution for full-time employment for the first 249
year of Ohio service following termination of the service to be 250
purchased. To this amount shall be added an amount equal to 251
compound interest at a rate established by the public employees 252
retirement board from the date of membership in the public 253
employees retirement system to date of payment. The member may 254
choose to purchase only part of such credit in any one payment, 255
subject to board rules. 256
(C) A member is ineligible to purchase under this section 258
service for which the member has obtained credit under section 260
145.44 of the Revised Code or service that is used in the 261
calculation of any retirement benefit currently being paid or 262
payable in the future to the member under any other retirement 263
program except social security. At the time the credit is 264
8
purchased the member shall certify on a form furnished by the 265
retirement board that the member does and will conform to this 266
requirement.
(D) Credit purchased under this section may be combined 268
pursuant to section 145.37 with credit purchased under sections 269
3307.32 3307.74 and 3309.31 of the Revised Code, except that not 271
more than an aggregate total of five years' service credit 272
purchased under this section and sections 3307.32 3307.74 and 273
3309.31 shall be used in determining retirement eligibility or 275
calculating benefits under section 145.37 of the Revised Code. 276
Sec. 145.301. (A) A member may purchase service credit 285
that shall be considered as the equivalent of Ohio service for 286
each year of service incurred by reason of having been on active 287
duty as a member of the armed forces of the United States, as 288
defined in section 145.30 of the Revised Code. The credit may be 289
purchased at any time prior to receipt of a retirement allowance. 290
The number of years purchased shall not exceed five. The member 292
may choose to purchase only part of such credit in any one 293
payment, subject to board rules.
(B) For the purposes of this division, "prisoner of war" 295
means any regularly appointed, enrolled, enlisted, or inducted 296
member of the armed forces of the United States who was captured, 297
separated, and incarcerated by an enemy of the United States. 298
A member may purchase service credit that shall be 300
considered as the equivalent of Ohio service for each year of 301
service such member was a prisoner of war. The number of years 302
purchased under this division shall not exceed five. Service 303
credit may be purchased under this division for the same years of 304
service used to purchase service credit under division (A) of 305
this section. The member may choose to purchase only part of 306
such credit in any one payment, subject to board rules. 307
(C) The total number of years purchased under this section 309
shall not exceed the member's total accumulated number of years 310
of Ohio service. 311
9
(D) For each year of service purchased under division (A) 313
or (B) of this section, the member shall pay to the public 314
employees retirement system for credit to the member's 315
accumulated account an amount determined by the member rate of 317
contribution in effect at the time the military service began, 318
multiplied by the member's salary, earnable salary, or 319
compensation for full-time employment during the first year of 320
service covered by a state retirement system or the Cincinnati 321
retirement system following termination of military service. If, 322
however, a limit on maximum salary or maximum contribution was in 323
effect at the time the military service began, the limit shall be 324
applied to the salary, earnable salary, or compensation received 326
during the first year of service covered by a state retirement 327
system or the Cincinnati retirement system to calculate the 328
amount of payment. To this amount shall be added an amount equal 329
to compound interest at a rate established by the public 330
employees retirement board from the date active military service 331
terminated to date of payment.
(E) A member is ineligible to purchase service credit 333
under this section for any year of military service that was: 334
(1) Used in the calculation of any retirement benefit 337
currently being paid to the member or payable in the future under 338
any other retirement program, except social security, or for 339
retired pay for nonregular service under Chapter 1223 of Section 342
1662 of Title XVI of the "National Defense Authorization Act for 348
Fiscal Year 1995," 108 Stat. 2998 (1994), 10 U.S.C.A. 12731 to 353
12739;
(2) Used to obtain service credit pursuant to section 355
145.30 or 145.302 of the Revised Code. 358
At the time the credit is purchased, the member shall 361
certify on a form furnished by the retirement board that the 362
member does and will conform to this requirement. 364
(F) Credit purchased under this section may be combined 366
pursuant to section 145.37 with credit for military service 367
10
purchased under sections 3307.021 3307.751 and 3309.021, except 369
that not more than an aggregate total of five years of credit 370
purchased under division (A) of this section, division (A) of 371
section 3307.021 3307.751, and division (A) of section 3309.021, 372
and not more than an aggregate total of five years of credit 374
purchased under division (B) of this section, division (B) of 375
section 3307.021 3307.751, and division (B) of section 3309.021 377
shall be used in determining retirement eligibility or 378
calculating benefits under section 145.37 of the Revised Code. 379
Sec. 145.311. (A) A member of the public employees 388
retirement system who has at least eighteen months of 389
contributing service credit in the system, the OHIO police and 390
firemen's disability and FIRE pension fund, school employees 392
retirement system, state teachers retirement system, or state 393
highway patrol retirement system, and is a former member of or no 394
longer contributing to the school employees retirement system or 395
state teachers retirement system may restore service credit under 396
section 3307.28 3307.71 or 3309.26 of the Revised Code by making 398
payments pursuant to this section through a payroll deduction 399
plan established under section 145.294 of the Revised Code, a. A 400
member seeking to restore this service credit shall notify the 402
public employees retirement system on a form approved by the 403
public employees retirement board. After receiving the notice, 404
the public employees retirement system shall request that the 405
former retirement system calculate under section 3307.283
3307.712 or 3309.262 of the Revised Code the cost to the member 407
to restore service credit for each year or portion of a year of 409
service for which the member seeks to restore the service credit. 410
The amount the former retirement system certifies as the cost of 411
restoring the service credit, plus interest described in division 412
(B) of this section, is the cost to the member of restoring the 413
service credit. On receiving the certification from the former 414
retirement system, the public employees retirement system shall 415
notify the member of the cost. 416
11
(B) For each year or portion of a year of service credit 418
restored under section 3307.28 3307.71 or 3309.26 of the Revised 420
Code, a member shall pay to the public employees retirement 421
system the amount certified by the former retirement system plus 422
interest at a rate specified by the former retirement system 423
under section 3307.283 3307.712 or 3309.262 of the Revised Code 425
for the period during which deductions are made under section 426
145.294 of the Revised Code. 427
(C) The public employees retirement board shall annually 430
notify the former retirement system that a payment to restore 431
service credit under section 3307.28 3307.71 or 3309.26 of the 433
Revised Code has been made. At the time the payment is 434
transferred under division (D) of this section, the former 435
retirement system shall restore the service credit for the year 436
or portion of a year for which the payment was made. 438
(D) On application for a payment of accumulated 440
contributions or an age and service retirement, disability, or 442
survivor benefit under Chapter 145., 3307., or 3309. of the 443
Revised Code by a member who made payments under this section to 445
restore service credit in a former retirement system, the public 446
employees retirement system shall pay to the former retirement 447
system an amount equal to the total amount paid by the member 449
under this section.
(E) The board shall adopt rules to implement this section. 451
Sec. 145.312. After receiving a request from the state 461
teachers retirement system under division (A) of section 3307.282 462
3307.711 or the school employees retirement system under division 464
(A) of section 3309.261 of the Revised Code, the public employees 467
retirement system shall do both of the following: 468
(A) Calculate and certify to the requesting retirement 471
system the cost to a former member to restore service credit 472
under section 145.31 of the Revised Code for each year or portion 473
of a year for which the former member seeks to restore service 475
credit under that section.
12
(B) Inform the requesting retirement system of the rate of 477
interest charged to a member under a payroll deduction plan 478
authorized under section 145.294 of the Revised Code. 479
Sec. 145.35. (A) As used in this section, "on-duty 488
illness or injury" means an illness or injury that occurred 489
during or resulted from performance of duties under the direct 490
supervision of a member's appointing authority. 491
(B) The public employees retirement system shall provide 493
disability coverage to each member who has at least five years of 494
total service credit and disability coverage for on-duty illness 495
or injury to each member who is a law enforcement officer, 496
regardless of length of service. 497
Not later than October 16, 1992, the public employees 499
retirement board shall give each person who is a member on July 500
29, 1992, the opportunity to elect disability coverage either 502
under section 145.36 of the Revised Code or under section 145.361 503
of the Revised Code. The board shall mail notice of the 504
election, accompanied by an explanation of the coverage under 505
each of the Revised Code sections and a form on which the 506
election is to be made, to each member at the member's last known 508
address. The board shall also provide the explanation and form 509
to any member on request.
Regardless of whether the member actually receives notice 511
of the right to make an election, a member who fails to file a 512
valid election under this section shall be considered to have 513
elected disability coverage under section 145.36 of the Revised 514
Code. To be valid, an election must be made on the form provided 515
by the retirement board, signed by the member, and filed with the 516
board not later than one hundred eighty days after the date the 517
notice was mailed, or, in the case of a form provided at the 518
request of a member, a date specified by rule of the retirement 519
board. Once made, an election is irrevocable, but if the member 520
ceases to be a member of the retirement system, the election is 521
void. If a person who makes an election under this section also 522
13
makes an election under section 3307.42 3307.62 or 3309.39 of the 524
Revised Code, the election made for the system that pays a 525
disability benefit to that person shall govern the benefit. 526
Disability coverage shall be provided under section 145.361 528
of the Revised Code for persons who become members after July 29, 530
1992, and for members who elect under this division to be covered 531
under section 145.361 of the Revised Code. 532
The retirement board may adopt rules governing elections 534
made under this division. 535
(C) Application for a disability benefit may be made by a 537
member, by a person acting in the member's behalf, or by the 538
member's employer, provided the member has disability coverage 540
under section 145.36 or 145.361 of the Revised Code and is not 541
receiving a disability benefit under any other Ohio state or 542
municipal retirement program. Application must be made within 543
two years from the date the member's contributing service 544
terminated, unless the retirement board determines that the 545
member's medical records demonstrate conclusively that at the 546
time the two-year period expired, the member was physically or 547
mentally incapacitated for duty and unable to make an 548
application. Application may not be made by or for any person 549
receiving age and service retirement benefits under section 550
145.33, 145.331, 145.34, or 145.37 of the Revised Code or any 551
person who, pursuant to section 145.40 of the Revised Code, has 552
been paid the accumulated contributions standing to the credit of 553
the person's individual account in the employees' savings fund. 555
The application shall be made on a form provided by the
retirement board. 556
(D) The benefit payable to any member who is approved for 558
a disability benefit shall become effective on the first day of 559
the month immediately following the later of the following: 560
(1) The last day for which compensation was paid; 562
(2) The attainment of eligibility for a disability 564
benefit. 565
14
(E) Medical examination of a member who has applied for a 568
disability benefit shall be conducted by a competent
disinterested physician or physicians selected by the board to 569
determine whether the member is mentally or physically 570
incapacitated for the performance of duty by a disabling 571
condition either permanent or presumed to be permanent. The 573
disability must have occurred since last becoming a member or
have increased since last becoming a member to such extent as to 574
make the disability permanent or presumed to be permanent. A 575
disability is presumed to be permanent if it is expected to last 576
for a continuous period of not less than twelve months following 577
the filing of the application. 578
If the physician or physicians determine that the member 580
qualifies for a disability benefit, the board concurs with the 582
determination, and the member agrees to medical treatment as 583
specified in division (F) of this section, the member shall 584
receive a disability benefit under section 145.36 or 145.361 of 585
the Revised Code. The action of the board shall be final. 586
(F) The public employees retirement board shall adopt 588
rules requiring a disability benefit recipient, as a condition of 590
continuing to receive a disability benefit, to agree in writing 591
to obtain any medical treatment recommended by the board's 592
physician and submit medical reports regarding the treatment. If 594
the board determines that a disability benefit recipient is not
obtaining the medical treatment or the board does not receive a 595
required medical report, the disability benefit shall be 597
suspended until the treatment is obtained, the report is received 598
by the board, or the board's physician certifies that the 599
treatment is no longer helpful or advisable. Should the 600
recipient's failure to obtain treatment or submit a medical 601
report continue for one year, the recipient's right to the 603
disability benefit shall be terminated as of the effective date 604
of the original suspension.
(G) In the event an employer files an application for a 606
15
disability benefit as a result of a member having been separated 607
from service because the member is considered to be mentally or 609
physically incapacitated for the performance of the member's 610
present duty, and the physician or physicians selected by the 611
board reports to the board that the member is physically and 612
mentally capable of performing service similar to that from which 613
the member was separated and the board concurs in the report, the 615
board shall so certify to the employer and the employer shall 616
restore the member to the member's previous position and salary 618
or to a similar position and salary.
Sec. 145.37. (A) As used in this section: 627
(1) "State retirement system" means the public employees 629
retirement system, school employees retirement system, or state 630
teachers retirement system. 631
(2) "Total service credit" means all service credit earned 633
in the state retirement systems, except credit for service 634
subject to section 145.38 of the Revised Code. Total service 635
credit shall not exceed one year of credit for any twelve-month 636
period. 637
(3) In addition to the meaning given in division (N) of 639
section 145.01 of the Revised Code, "disability benefit" means 640
"disability benefit" as defined in sections 3307.01 and 3309.01 641
of the Revised Code. 642
(B) To coordinate and integrate membership in the state 644
retirement systems, the following provisions apply: 645
(1) At the option of a member, total contributions and 647
service credit in all state retirement systems, including amounts 648
paid to restore service credit under sections 145.311, 3307.282, 649
and 3309.261 of the Revised Code, shall be used in determining 651
the eligibility and total retirement or disability benefit 652
payable. When total contributions and service credit are so 653
combined, the following provisions apply:
(a) Age and service retirement or disability benefits are 655
effective on the first day of the month immediately following the 656
16
later of: 657
(i) The last day for which compensation was paid; 659
(ii) The attainment of minimum age or service credit 661
eligibility for benefits provided under this section. 662
(b) In determining eligibility for a disability benefit, 664
the medical examiner's report to the retirement board of any 665
state retirement system, showing that the member's disability 666
incapacitates the member for the performance of duty, may be 667
accepted by the state retirement boards as sufficient for 669
granting a disability benefit. 670
(c) The state retirement system in which the member had 672
the greatest service credit, without adjustment, shall determine 673
and pay the total retirement or disability benefit. Where the 674
member's credit is equal in two or more state retirement systems, 676
the system having the largest total contributions of the member 677
shall determine and pay the total benefit. 678
(d) In determining the total credit to be used in 680
calculating a retirement or disability benefit, credit shall not 681
be reduced below that certified by the system or systems 682
transferring credit, except that such total combined service 683
credit shall not exceed one year of credit for any one "year" as 684
defined in the law of the system making the calculation. 685
(e) The state retirement system determining and paying a 687
retirement or disability benefit shall receive from the other 688
system or systems the member's refundable account at retirement 689
or the effective date of a disability benefit plus an equal 690
amount from the employer's accumulation fund. 691
(i) The annuity rates and mortality tables of the state 693
retirement system making the calculation and paying the benefit 694
shall be exclusively applicable. 695
(ii) Deposits made for the purpose of an additional 697
annuity, and including guaranteed interest, upon the request of 698
the member, shall be transferred to the state retirement system 699
paying the benefit. The return upon such deposits shall be that 700
17
offered by the state retirement system making the calculation and 701
paying the benefit. 702
(2) A former member receiving a retirement or disability 704
benefit under this section, who accepts employment amenable to 705
coverage in any state retirement system that participated in the 706
former member's combined benefit, shall be subject to the 708
applicable provisions of law governing such re-employment. If 709
the former member is subject to section 3307.381 3307.35 of the 710
Revised Code and exceeds the limits on re-employment established 712
by that section, the state retirement system paying a combined 713
benefit shall terminate the entire pension portion of the benefit 714
for the period of re-employment that exceeds the limit in that 715
section. If a former member should be paid any amount in a 716
retirement benefit, to which the former member is not entitled 717
under the applicable provisions of law governing such 719
re-employment, such amount shall be recovered by the state 720
retirement system paying such benefit by utilizing any recovery 721
procedure available under the code provisions of the state 722
retirement system covering such re-employment.
(C) A PERS retirant or other system retirant, as defined 724
in section 145.38 of the Revised Code, is not eligible to receive 725
any benefit under this section for service subject to section 726
145.38 of the Revised Code. 727
Sec. 145.38. (A) As used in this section: 736
(1) "PERS retirant" means a former member of the public 738
employees retirement system who is receiving either of the 739
following:
(a) Age and service retirement benefits under section 741
145.32, 145.33, 145.331, 145.34, or 145.46 of the Revised Code; 742
(b) Age and service retirement benefits paid by the public 744
employees retirement system under section 145.37 of the Revised 745
Code. 746
(2) "Other system retirant" means both of the following: 748
(a) A member or former member of the Ohio police and 750
18
firemen's fire pension fund, state teachers retirement system, 751
school employees retirement system, state highway patrol 752
retirement system, or Cincinnati retirement system who is 753
receiving age and service or commuted age and service retirement 754
benefits or a disability benefit from a system of which the 755
person is a member or former member; 756
(b) A member or former member of the public employees 758
retirement system who is receiving age and service retirement 759
benefits or a disability benefit under section 145.37 of the 760
Revised Code paid by the school employees retirement system or 761
the state teachers retirement system. 762
(B)(1) Subject to this section, a PERS retirant or other 764
system retirant may be employed by a public employer. If so 765
employed, the PERS retirant or other system retirant shall 766
contribute to the public employees retirement system in 767
accordance with section 145.47 of the Revised Code, and the 768
employer shall make contributions in accordance with section 769
145.48 of the Revised Code. 770
(2) A public employer that employs a PERS retirant or 772
other system retirant, or enters into a contract for services as 773
an independent contractor with a PERS retirant who was employed 774
by the public employer at the time of the retirant's retirement 776
shall notify the retirement board of the employment or contract
not later than the end of the month in which the employment or 777
contract commences. Any overpayment of benefits to a PERS 778
retirant by the retirement system resulting from delay or failure 779
of the employer to give the notice shall be repaid to the 780
retirement system by the employer. 781
(3) On receipt of notice from a public employer that a 783
person who is an other system retirant has been employed, the 784
retirement system shall notify the retirement system of which the 785
other system retirant was a member of such employment. 786
(4)(a) A PERS retirant who has received a retirement 788
allowance for less than six months when employment subject to 789
19
this section commences shall forfeit the retirement allowance for 790
the period that begins on the date the employment commences and 791
ends on the date that is six months after the date on which the 792
retirement allowance commenced. Service and contributions for 793
that period shall not be included in calculation of any benefits 794
payable to the PERS retirant and those contributions shall be 795
refunded on the retirant's death or termination of the 796
employment. For purposes of this division, "employment" shall 797
include service for which the retirant or the retirant's 798
employer, or both, have waived any earnable salary for such 799
service.
(b) An other system retirant who has received a retirement 801
allowance or disability benefit for less than two months when 803
employment subject to this section commences shall forfeit the 804
retirement allowance or disability benefit for the period that 805
begins on the date the employment commences and ends on the date 806
that is two months after the date on which the retirement 807
allowance or disability benefit commenced. Service and 808
contributions for that period shall not be included in the
calculation of any benefits payable to the other system retirant 809
and those contributions shall be refunded on the retirant's death 811
or termination of the employment.
(5) On receipt of notice from the Ohio police and fire 814
pension fund, school employees retirement system, or state 816
teachers retirement system of the re-employment of a PERS 817
retirant, the public employees retirement system shall not pay,
or if paid, shall recover, the amount to be forfeited by the PERS 818
retirant in accordance with section 742.26, 3307.381 3307.35, or 820
3309.341 of the Revised Code. 821
(6) A PERS retirant who enters into a contract to provide 823
services as an independent contractor to the employer by which 824
the retirant was employed at the time of retirement or, less than 826
two months after the retirement allowance commences, begins
providing services as an independent contractor pursuant to a 827
20
contract with another public employer, shall forfeit the pension 828
portion of the retirement benefit for the period beginning the 829
first day of the month following the month in which the services 830
begin and ending on the first day of the month following the 831
month in which the services end. The annuity portion of the 832
retirement allowance shall be suspended on the day services under 833
the contract begin and shall accumulate to the credit of the 834
retirant to be paid in a single payment after services provided 835
under the contract terminate. A PERS retirant subject to 836
division (B)(6) of this section shall not contribute to the 837
retirement system and shall not become a member of the system. 838
(C)(1) Except as provided in division (C)(4) of this 840
section, a PERS retirant employed pursuant to this section shall 842
elect one of the following:
(a) To receive both compensation for the employment and a 845
retirement allowance;
(b) To receive compensation for the employment and forfeit 848
the pension portion of the retirement allowance.
(2) A PERS retirant who is described in division (C)(4) of 851
this section or elects to forfeit the pension portion of the 852
retirement allowance under division (C)(1)(b) of this section 853
shall become a new member of the public employees retirement 854
system with all the rights, privileges, and obligations of 855
membership, except that the new membership does not include 856
survivor benefits provided pursuant to section 145.45 of the 857
Revised Code. The pension portion of the PERS retirant's
retirement allowance shall cease on the first day of the first 858
month following commencement of the employment and shall 859
thereafter be forfeited until the first day of the first month 860
following termination of the employment. The annuity portion of 861
the retirement allowance shall be suspended on the first day of 862
the first month following commencement of the employment and 863
shall thereafter accumulate to the credit of the PERS retirant to 864
be paid in a single payment after termination of the employment. 865
21
The retirement allowance shall resume on the first day of the 866
first month following termination of the employment. On 867
termination of the employment, the PERS retirant shall elect to 868
receive either a refund of the retirant's contributions to the 870
retirement system during the period of employment subject to this 871
section or a supplemental retirement allowance based on the 872
retirant's contributions and service credit for that period of 873
employment.
(3) Except as provided in division (B)(4) of this section, 875
there shall be no suspension or forfeiture of any portion of the 876
retirement allowance payable to other system retirants or to PERS 877
retirants who make an election under division (C)(1)(a) of this 878
section. 879
(4) A PERS retirant shall elect division (C)(1)(b) of this 882
section if both of the following apply:
(a) The retirant held elective office in this state, or in 884
any municipal corporation, county, or other subdivision of this 885
state at the time of retirement under Chapter 145. of the Revised 886
Code;
(b) The retirant was elected or appointed to the same 888
office for the remainder of the term or the term immediately 889
following the term during which the retirement occurred. 890
(D)(1) On termination of employment under this section, 892
the PERS retirant who makes an election under division (C)(1)(a) 893
of this section or other system retirant may file an application 894
with the public employees retirement system for a benefit under 895
this division, which shall consist of a single life annuity 896
having a reserve equal to the amount of the retirant's 897
accumulated contributions for the period of employment and an 898
equal amount of the employer's contributions. The PERS retirant 899
or other system retirant shall elect either to receive the 900
benefit as a monthly annuity for life or a lump-sum payment 901
discounted to the present value using the current actuarial 902
assumption rate of interest, except that if the monthly annuity 903
22
would be less than twenty-five dollars per month, the retirant 904
shall receive a lump-sum payment. 905
(2) A benefit payable under this division shall commence 907
on the latest of the following: 908
(a) The last day for which compensation for employment 910
subject to this section was paid; 911
(b) Attainment by the PERS retirant or other system 913
retirant of age sixty-five; 914
(c) If the PERS retirant or other system retirant was 916
previously employed under this section and is receiving or 917
previously received a benefit under this division, completion of 918
a period of twelve months since the effective date of the last 919
benefit under this division. 920
(3)(a) If a PERS retirant or other system retirant dies 922
while employed in employment subject to this section, a lump-sum 923
payment calculated in accordance with division (D)(1) of this 924
section shall be paid to the retirant's beneficiary under 925
division (G) of this section. 926
(b) If at the time of death a PERS retirant or other 928
system retirant receiving a monthly annuity has received less 929
than the retirant would have received as a lump-sum payment, the 931
difference between the amount received and the amount that would 932
have been received as a lump-sum payment shall be paid to the 933
retirant's beneficiary under division (G) of this section. 934
(4)(a) A PERS retirant or other system retirant subject to 936
this division is not a member of the public employees retirement 937
system, does not have any of the rights, privileges, or 938
obligations of membership, except as specified in this section, 939
and, except as specified in division (D)(4)(b) of this section, 940
is not eligible to receive health, medical, hospital, or surgical 941
benefits under section 145.58 of the Revised Code for employment 942
subject to this section. No amount received under this division 943
shall be included in determining an additional benefit under 944
section 145.323 of the Revised Code or any other post-retirement 945
23
benefit increase. 946
(b) A PERS retirant who makes an election under division 948
(C)(1)(a) of this section shall receive primary health, medical, 949
hospital, or surgical insurance coverage from the retirant's 950
employer, if the employer provides coverage to other employees 951
performing comparable work. Neither the employer nor the PERS 952
retirant may waive the employer's coverage, except that the PERS 953
retirant may waive the employer's coverage if the retirant has 954
coverage comparable to that provided by the employer from a 955
source other than the employer or the public employees retirement 956
system. If a claim is made, the employer's coverage shall be the 957
primary coverage and shall pay first. The benefits provided 958
under section 145.58 of the Revised Code shall pay only those 959
medical expenses not paid through the employer's coverage or 960
coverage the PERS retirant receives through a source other than 961
the retirement system. 962
(E) If the disability benefit of an other system retirant 964
employed under this section is terminated, the retirant shall 965
become a member of the public employees retirement system, 966
effective on the first day of the month next following the 967
termination with all the rights, privileges, and obligations of 968
membership. If such person, after the termination of the 969
disability benefit, earns two years of service credit under this 970
system or under the Ohio police and fire pension fund, state 972
teachers retirement system, school employees retirement system, 973
or state highway patrol retirement system, the person's prior 974
contributions as an other system retirant under this section 975
shall be included in the person's total service credit as a 976
public employees retirement system member, and the person shall 977
forfeit all rights and benefits of this section. Not more than 978
one year of credit may be given for any period of twelve months. 979
(F) A PERS retirant who performs services for a public 981
employer as an independent contractor pursuant to a contract with 982
the employer shall not make contributions to the public employees 983
24
retirement system or become a member of the system. Except as 984
provided in division (B)(6) of this section, there shall be no 985
suspension or forfeiture of the retirant's retirement allowance. 986
(G) A PERS retirant or other system retirant employed 988
under this section may designate one or more persons as 989
beneficiary to receive any benefits payable under this section 990
due to death. The designation shall be in writing duly executed 992
on a form provided by the public employees retirement board, 993
signed by the PERS retirant or other system retirant, and filed 994
with the board prior to death. The last designation of a 995
beneficiary revokes all previous designations. The PERS
retirant's or other system retirant's marriage, divorce, marriage 996
dissolution, legal separation, withdrawal of account, birth of a 998
child, or adoption of a child revokes all previous designations. 999
If there is no designated beneficiary, the beneficiary is the 1,000
beneficiary determined under division (D) of section 145.43 of 1,001
the Revised Code. If any benefit payable under this section due 1,002
to the death of a PERS retirant or other system retirant is not 1,003
claimed by a beneficiary within five years after the death, the 1,004
amount payable shall be transferred to the income fund and 1,005
thereafter paid to the beneficiary or the estate of the PERS 1,006
retirant or other system retirant on application to the board.
(H) This section does not affect the receipt of benefits 1,008
by or eligibility for benefits of any person who on August 20, 1,009
1976, was receiving a disability benefit or service retirement 1,010
pension or allowance from a state or municipal retirement system 1,011
in Ohio and was a member of any other state or municipal 1,012
retirement system of this state. 1,013
(I) The public employees retirement board may adopt rules 1,015
to carry out this section. 1,016
Sec. 145.45. Except as provided in division (C)(1) of this 1,026
section, in lieu of accepting the payment of the accumulated 1,027
account of a member who dies before service retirement, a 1,028
beneficiary, as determined in this section or section 145.43 of 1,029
25
the Revised Code, may elect to forfeit the accumulated 1,030
contributions and to substitute certain other benefits under 1,031
division (A) or (B) of this section.
(A) If a deceased member was eligible for a service 1,033
retirement benefit as provided in section 145.33, 145.331, or 1,034
145.34 of the Revised Code, a surviving spouse or other sole 1,035
dependent beneficiary may elect to receive a monthly benefit 1,037
computed as the joint-survivor benefit designated as "plan D" in 1,038
section 145.46 of the Revised Code, which the member would have 1,039
received had the member retired on the last day of the month of 1,040
death and had the member at that time selected such 1,042
joint-survivor plan. Payment shall begin with the month 1,044
subsequent to the member's death, except that a surviving spouse 1,045
who is less than sixty-five years old may defer receipt of such 1,046
benefit. Upon receipt, the benefit shall be calculated based 1,047
upon the spouse's age at the time of first payment, and shall 1,048
accrue regular interest during the time of deferral. 1,049
(B) If a deceased member had at least one and one-half 1,051
years of contributing service credit, with at least one-quarter 1,052
year of contributing service credit within the two and one-half 1,053
years prior to the date of death, or was receiving at the time of 1,054
death a disability benefit as provided in section 145.36, 1,055
145.361, or 145.37 of the Revised Code, certain qualified 1,056
survivors may elect to receive monthly benefits as provided in 1,059
divisions (B)(1) and (5) of this section.
(1) Number 1,061
of Qualified Or 1,062
survivors Annual Benefit as a Per Monthly Benefit 1,063
affecting Cent of Decedent's Final shall not be 1,064
the benefit Average Salary less than 1,065
1 25% $ 96 1,066
2 40 186 1,067
3 50 236 1,068
4 55 236 1,069
26
5 or more 60 236 1,070
(2) Benefits shall begin as qualified survivors meet 1,073
eligibility requirements as follows: 1,074
(a) A qualified spouse is the surviving spouse of the 1,076
deceased member, who is age sixty-two, or age fifty if the 1,079
deceased member had ten or more years of Ohio service credit, or 1,080
regardless of age if caring for a qualified child, or regardless 1,081
of age if adjudged physically or mentally incompetent. A spouse 1,083
of a member who died prior to August 27, 1970, whose eligibility 1,084
was determined at the member's death, and who is physically or 1,085
mentally incompetent on or after August 20, 1976, shall be paid 1,086
the monthly benefit which that person would otherwise receive 1,087
when qualified by age.
(b) A qualified child is any unmarried child of the 1,091
deceased member under age eighteen, or under age twenty-two if 1,092
the child is attending an institution of learning or training 1,093
pursuant to a program designed to complete in each school year 1,094
the equivalent of at least two-thirds of the full-time curriculum 1,095
requirements of such institution and as further determined by 1,096
board policy, or regardless of age if adjudged physically or 1,097
mentally incompetent at the time of the member's death. 1,098
(c) A qualified parent is a dependent parent aged 1,100
sixty-five or older or regardless of age if physically or 1,102
mentally incompetent, a dependent parent whose eligibility was 1,103
determined by the member's death prior to August 20, 1976, and 1,104
who is physically or mentally incompetent on or after August 20, 1,105
1976, shall be paid the monthly benefit for which that person 1,106
would otherwise qualify.
(3) "Physically or mentally incompetent" as used in this 1,108
section may be determined by a court of jurisdiction, or by a 1,109
physician appointed by the retirement board. Incapability of 1,110
making a living because of a physically or mentally disabling 1,111
condition shall meet the qualifications of this division. 1,112
(4) Benefits to a qualified survivor shall terminate upon 1,115
27
ceasing to meet eligibility requirements as provided in this 1,116
division, a first marriage, abandonment, adoption, or during 1,118
active military service. Benefits to a deceased member's 1,119
surviving spouse that were terminated under a former version of 1,120
this section that required termination due to remarriage and were 1,121
not resumed prior to the effective date of this amendment 1,122
SEPTEMBER 16, 1998, shall resume on the first day of the month 1,123
immediately following receipt by the board of an application on a 1,124
form provided by the board. 1,125
Upon the death of any subsequent spouse who was a member of 1,128
the public employees retirement system, state teachers retirement 1,129
system, or school employees retirement system, the surviving 1,130
spouse of such member may elect to continue receiving benefits 1,131
under this division, or to receive survivor's benefits, based 1,132
upon the subsequent spouse's membership in one or more of the 1,133
systems, for which such surviving spouse is eligible under this 1,134
section or section 3307.49 3307.66 or 3309.45 of the Revised 1,135
Code. If the surviving spouse elects to continue receiving 1,137
benefits under this division, such election shall not preclude 1,138
the payment of benefits under this division to any other 1,139
qualified survivor.
Benefits shall begin or resume on the first day of the 1,141
month following the attainment of eligibility and shall terminate 1,142
on the first day of the month following loss of eligibility. 1,143
(5) Benefits to a qualified spouse shall be paid in the 1,145
amount determined for the first qualifying survivor in division 1,147
(B)(1) of this section, but shall not be less than one hundred 1,148
six dollars per month if the deceased member had ten or more 1,149
years of Ohio service credit. All other qualifying survivors 1,151
shall share equally in the benefit or remaining portion thereof. 1,152
(6) The beneficiary of a member who is also a member of 1,154
the state teachers retirement system or of the school employees 1,155
retirement system, must forfeit the member's accumulated 1,156
contributions in those systems and in the public employees 1,157
28
retirement system, if the beneficiary takes a survivor benefit. 1,160
Such benefit shall be exclusively governed by section 145.37 of
the Revised Code. 1,161
(C)(1) Regardless of whether the member is survived by a 1,165
spouse or designated beneficiary, if the public employees
retirement system receives notice that a deceased member 1,166
described in division (A) or (B) of this section has one or more 1,167
qualified children, all persons who are qualified survivors under 1,169
division (B) of this section shall receive monthly benefits as 1,171
provided in division (B) of this section. 1,172
If, after determining the monthly benefits to be paid under 1,174
division (B) of this section, the system receives notice that 1,175
there is a qualified survivor who was not considered when the 1,176
determination was made, the system shall, notwithstanding section 1,177
145.561 of the Revised Code, recalculate the monthly benefits 1,179
with that qualified survivor included, even if the benefits to 1,180
qualified survivors already receiving benefits are reduced as a 1,181
result. The benefits shall be calculated as if the qualified 1,182
survivor who is the subject of the notice became eligible on the
date the notice was received and shall be paid to qualified 1,183
survivors effective on the first day of the first month following 1,184
the system's receipt of the notice. 1,185
If the retirement system did not receive notice that a 1,187
deceased member has one or more qualified children prior to 1,189
making payment under section 145.43 of the Revised Code to a 1,192
beneficiary as determined by the retirement system, the payment 1,193
is a full discharge and release of the system from any future 1,194
claims under this section or section 145.43 of the Revised Code. 1,195
(2) If benefits under division (C)(1) of this section to 1,198
all persons, or to all persons other than a surviving spouse or 1,200
other sole beneficiary, terminate, there are no children under
the age of twenty-two years, and the surviving spouse or 1,201
beneficiary qualifies for benefits under division (A) of this 1,203
section, the surviving spouse or beneficiary may elect to receive 1,204
29
benefits under division (A) of this section. The benefits shall 1,205
be effective on the first day of the month immediately following 1,206
the termination.
(D) If the survivor benefits due and paid under this 1,208
section are in a total amount less than the member's accumulated 1,209
account that was transferred from the public employees' savings 1,210
fund to the survivors' benefit fund, then the difference between 1,211
the total amount of the benefits paid shall be paid to the 1,212
beneficiary under section 145.43 of the Revised Code. 1,213
Sec. 742.26. (A) As used in this section: 1,222
(1) "Actuarial present value" means the calculation under 1,224
which the probability of occurrence, based on a specified 1,225
mortality table, and the discount for future monetary growth at a 1,226
specified interest rate are considered by an actuary to determine 1,227
the value of an annuity. 1,228
(2) "Other system retirant" means a former member of the 1,230
public employees retirement system, state teachers retirement 1,231
system, school employees retirement system, state highway patrol 1,232
retirement system, or Cincinnati retirement system who is 1,233
receiving a disability benefit or an age and service or commuted 1,234
age and service retirement benefit or allowance from a system of 1,235
which the person is a former member. 1,236
(3) "OPFPF retirant" means any person who is receiving a 1,239
retirement allowance, other than a disability benefit, from the 1,240
Ohio police and fire pension fund. 1,241
(B) The mortality table and interest rate used in 1,243
determining actuarial present value shall be determined by the 1,244
board of trustees of the fund based on the recommendations of an 1,245
actuary employed by the board. 1,246
(C)(1) An OPFPF retirant or other system retirant may be 1,249
employed as a member of a police or fire department. If so 1,250
employed, the retirant shall make contributions to the fund in 1,252
accordance with section 742.31 of the Revised Code, and the 1,253
employer shall make contributions in accordance with sections 1,254
30
742.33 and 742.34 of the Revised Code. 1,255
(2) An employer that employs An OPFPF retirant or other 1,258
system retirant shall notify the board of trustees of the fund of 1,259
the employment not later than the end of the month in which the 1,260
employment commences. On receipt of notice from an employer that 1,261
a person who is an other system retirant has been employed, the 1,262
fund shall notify the retirement system of which the other system 1,263
retirant was a member of such employment. 1,264
(D) An OPFPF retirant or other system retirant who has 1,267
received a retirement allowance or benefit for less than two 1,268
months when employment subject to this section commences shall 1,269
forfeit the retirement allowance or benefit for the period that 1,271
begins on the date the employment commences and ends on the date
that is two months after the date on which the retirement 1,272
allowance or benefit commenced. Service and contributions for 1,273
that period shall not be included in the calculation of any 1,274
benefits payable under this section, and those contributions 1,275
shall be refunded on the retirant's death or termination of the 1,277
employment.
(E) On receipt of notice from the public employees 1,279
retirement system, school employees retirement system, or state 1,280
teachers retirement system of the re-employment of an OPFPF 1,282
retirant, the Ohio police and fire pension fund shall not pay, or 1,284
if paid shall recover, the amount to be forfeited by the OPFPF 1,285
retirant in accordance with section 145.38, 3307.381 3307.35, or 1,287
3309.341 of the Revised Code.
(F)(1)(a) On termination of employment under this section, 1,289
an OPFPF retirant or other system retirant shall elect one of the 1,291
following: 1,292
(i) A monthly annuity the actuarial present value of which 1,294
is equal to two times the sum of all amounts deducted from the 1,295
salary of the OPFPF retirant or other system retirant and 1,297
credited to the retirant's individual account in the fund, 1,298
together with interest credited thereon at the rate determined by 1,300
31
the board, provided the annuity equals or exceeds twenty-five 1,301
dollars per month. 1,302
(ii) A lump-sum payment equal to two times the sum of all 1,304
amounts deducted from the salary of the OPFPF retirant or other 1,306
system retirant and credited to the retirant's individual account 1,308
in the fund, together with interest credited thereon at the rate 1,309
determined by the board. 1,310
(b) Interest shall be credited to accounts only at the 1,312
time of calculation of a benefit payable under division (F)(1) of 1,313
this section. 1,314
(2) A benefit payable under this division shall commence 1,316
on the first day of the month immediately after the latest of the 1,317
following: 1,318
(a) The last day for which compensation for employment 1,320
subject to this section was paid; 1,321
(b) Attainment by the OPFPF retirant or other system 1,324
retirant of age sixty; 1,325
(c) If the OPFPF retirant or other system retirant was 1,328
previously employed under this section and is receiving or 1,329
previously received a benefit under this division, completion of 1,330
a period of twelve months since the last benefit paid under this 1,331
section commenced. 1,332
(3) No amount received under this division shall be 1,334
included in determining an additional benefit under section 1,335
742.3711, 742.3716, or 742.3717 of the Revised Code or any other 1,336
post-retirement benefit increase. 1,337
(G)(1) If an OPFPF retirant or other system retirant dies 1,340
while employed in employment subject to this section, a lump-sum 1,341
payment calculated in accordance with division (F)(1)(a)(ii) of 1,342
this section shall be paid to the retirant's surviving spouse, or 1,344
if there is no surviving spouse, to the retirant's estate. 1,345
(2) If at the time of death an OPFPF retirant or other 1,348
system retirant receiving a monthly annuity under division 1,349
(F)(1)(a)(i) of this section has received less than would have 1,350
32
been received as a lump-sum payment under division (F)(1)(a)(ii) 1,351
of this section, the difference between the amount received and 1,353
the amount that would have been received as a lump-sum payment 1,356
shall be paid to the retirant's surviving spouse, or if there is 1,357
no surviving spouse, to the retirant's estate.
(H) An other system retirant subject to this section is 1,359
not a member of the Ohio police and fire pension fund, does not 1,361
have any of the rights, privileges, or obligations of membership, 1,362
except as specified in this section, and is not eligible to 1,363
receive health, medical, hospital, or surgical benefits under 1,364
section 742.45 of the Revised Code for employment subject to this 1,365
section.
(I) If any payment is made by the Ohio police and fire 1,368
pension fund to an OPFPF retirant or other system retirant to 1,370
which the retirant is not entitled, the retirant shall repay it 1,372
to the fund. If the retirant fails to make the repayment, the 1,373
fund shall withhold the amount due from any allowances or other 1,374
amounts due the OPFPF retirant or other system retirant. 1,375
(J) An OPFPF retirant who is employed under this section 1,379
is not eligible to receive any benefits under section 742.37 of 1,380
the Revised Code for the employment under this section. 1,381
(K) This section does not affect the receipt of benefits 1,383
by or eligibility for benefits of any person who on August 20, 1,384
1976, was receiving a disability benefit or service retirement 1,385
pension or allowance from a state or municipal retirement system 1,386
in Ohio and was a member of any other state or municipal 1,387
retirement system of this state. 1,388
(L) The board of trustees of the fund may adopt rules to 1,390
carry out this section. 1,391
Sec. 742.379. (A) As used in this section: 1,400
(1) "Full-time service" has the meaning established by 1,402
rule of the board of trustees of the Ohio police and fire pension 1,404
fund.
(2) "Qualified contributions" means contributions to the 1,406
33
public employees retirement system, school employees retirement 1,407
system, or state teachers retirement system attributable to 1,408
full-time service or purchase of credit for service in the armed 1,409
forces of the United States. 1,410
(B) In computing the pension and benefits payable under 1,412
section 742.37 or 742.39 of the Revised Code, the Ohio police and 1,414
fire pension fund shall give a member of the fund who is in the 1,415
active service of a police or fire department and is not 1,416
receiving a pension or benefit payment from the fund full credit 1,417
for service credit earned for full-time service as a member of 1,418
the Cincinnati retirement system or purchased from the retirement 1,419
system for service in the armed forces of the United States if, 1,421
for each year of service credit, the fund receives the sum of the 1,423
following:
(1) An amount, which shall be paid by the member, equal to 1,425
the amount withdrawn by the member from the retirement system 1,427
that is attributable to the year of service credit, with interest 1,428
on that amount from the date of withdrawal to the date of 1,430
payment;
(2) Interest, which shall be paid either by the member or 1,433
the retirement system, on the amount withdrawn by the member from 1,434
the retirement system that is attributable to the year of service
from the last day of the year for which the service credit was 1,436
earned or in which military service credit was purchased or 1,437
obtained to the date the withdrawal was made; 1,438
(3) An amount, which shall be paid by either the member or 1,441
the retirement system, equal to the lesser of the amount
contributed by the employer to the retirement system for the year 1,443
of service or the amount that would have been contributed by the 1,444
employer for the year of service had the member been employed by
the member's current employer as a member of a police or fire 1,446
department, with interest on that amount from the last day of the 1,447
year for which the service credit was earned or in which military 1,448
service was purchased or obtained to the date the payment is 1,449
34
made;
(4) If the member became a member of the fund on or after 1,451
September 16, 1998, the amount, which shall be paid by the 1,454
member, determined pursuant to division (I) of this section. 1,455
Interest shall be determined in accordance with division 1,457
(H) of this section. 1,458
(C) In computing the pension and benefits payable under 1,461
section 742.37 or 742.39 of the Revised Code, the fund shall give 1,462
a member of the fund who is in the active service of a police or 1,464
fire department, is not receiving a pension or benefit payment 1,465
from the fund, and has withdrawn the member's contributions from 1,466
the public employees retirement system, school employees 1,467
retirement system, or state teachers retirement system full 1,468
credit for service credit earned for full-time service as a 1,469
member of the public employees retirement system, school 1,470
employees retirement system, or state teachers retirement system 1,471
or purchased from one of those retirement systems for service in 1,472
the armed forces of the United States if, for each year of 1,473
service, the fund receives the sum of the following: 1,475
(1) An amount, which shall be paid by the member, equal to 1,478
the amount withdrawn by the member from the former retirement 1,480
system that is attributable to that year of service credit, with 1,482
interest on that amount from the date of withdrawal to the date 1,483
of payment;
(2) Interest, which shall be transferred by the former 1,486
retirement system, on the amount withdrawn by the member from the 1,487
retirement system that is attributable to the year of service
from the last day of the year for which the service credit was 1,488
earned or in which military service credit was purchased or 1,489
obtained to the date the withdrawal was made; 1,490
(3) An amount, which shall be transferred by the former 1,493
retirement system, equal to the lesser of the amount contributed 1,494
by the employer to the retirement system for the year of service 1,495
or the amount that would have been contributed by the employer 1,496
35
for the year of service had the member been employed by the 1,497
member's current employer as a member of a police or fire 1,498
department, with interest on the amount transferred from the last 1,499
day of the year for which the service credit was earned or in 1,500
which military service credit was purchased or obtained to the 1,502
date the transfer is made;
(4) If the member became a member of the fund on or after 1,505
September 16, 1998, the amount, which shall be paid by the 1,507
member, determined pursuant to division (I) of this section. 1,508
On receipt of payment from the member, the fund shall 1,510
notify the former retirement system, and on receipt of the 1,511
notice, the retirement system shall make the transfer. Interest 1,512
shall be determined in accordance with division (H) of this 1,514
section.
(D) In computing the pension and benefits payable under 1,516
section 742.37 or 742.39 of the Revised Code, the fund shall give 1,518
a member of the fund who is in the active service of a police or 1,519
fire department, is not receiving a pension or benefit from the 1,520
fund, and has contributions on deposit with the public employees 1,521
retirement system, school employees retirement system, or state 1,522
teachers retirement system full credit for service credit earned 1,523
for full-time service as a member of one of those retirement 1,524
systems or purchased from one of the retirement systems for 1,525
service in the armed forces of the United States if both of the 1,527
following occur: 1,528
(1) The retirement system transfers to the fund, for each 1,531
year of service, the sum of the following: 1,532
(a) An amount equal to the member's qualified 1,535
contributions;
(b) An amount equal to the lesser of the employer's 1,538
qualified contributions to the retirement system or the amount 1,539
that would have been contributed by the employer for the 1,540
full-time service had the member been employed by the member's 1,541
current employer as a member of a police or fire department; 1,542
36
(c) Interest on the amounts specified in divisions 1,544
(D)(1)(a) and (b) of this section from the last day of the year 1,546
for which the service credit was earned or in which military 1,547
service credit was purchased or obtained to the date the transfer 1,548
is made. 1,549
(2) If the member became a member of the fund on or after 1,552
September 16, 1998, the member pays the amount determined 1,554
pursuant to division (I) of this section. 1,555
On receipt of a request from the member, the appropriate 1,558
retirement system shall make the transfer specified in division 1,559
(D)(1) of this section. Interest shall be determined in 1,560
accordance with division (H) of this section. 1,561
(E) Subject to board rules, a member of the fund may 1,563
choose to purchase in any one payment only part of the credit the 1,564
member is eligible to purchase under division (B) or (C)(1) of 1,566
this section. 1,567
(F) At the request of the fund, the public employees 1,569
retirement system, school employees retirement system, state 1,570
teachers retirement system, or Cincinnati retirement system shall 1,571
certify to the fund a copy of the records of the service and 1,573
contributions of a member of the fund who seeks service credit 1,574
under this section. 1,575
(G) A member of the fund is ineligible to receive credit 1,578
under this section for service that is used in the calculation of 1,579
any retirement benefit currently being paid or payable in the 1,580
future to the member, or service rendered concurrently with any 1,581
other period for which service credit has already been granted. 1,582
(H) Interest charged under this section shall be 1,585
calculated separately for each year of service credit at the 1,586
lesser of the actuarial assumption rate for that year of the fund 1,587
or of the retirement system in which the credit was earned. The 1,588
interest shall be compounded annually. 1,589
The board may, by rule, establish procedures for the 1,591
receipt of service credit under this section. 1,592
37
(I) The amount to be paid pursuant to division (B)(4), 1,595
(C)(4), or (D)(2) of this section is the sum of the following: 1,596
(1) An amount equal to the difference between the amount 1,599
the member paid as employee contributions for the service and the 1,600
amount the member would have paid had the member been employed by 1,601
the member's current employer as a member of a police or fire 1,602
department;
(2) An amount equal to the difference between the amount 1,605
paid or transferred under division (B)(3), (C)(3), or (D)(1)(b) 1,606
of this section and the amount that would have been contributed 1,607
by the employer for the service had the member been employed by 1,608
the member's current employer as a member of a police or fire 1,610
department;
(3) Interest, determined in accordance with division (H) 1,613
of this section, on the amounts specified in divisions (I)(1) and 1,615
(2) of this section.
At the request of a member, in lieu of requiring payment of 1,618
all or part of the amount determined under this division the fund 1,619
may grant the member an amount of service credit under division 1,620
(B), (C), or (D) of this section that is less than the amount for 1,622
which the member is eligible. The service credit granted shall 1,623
be the same percentage of the service credit for which the member 1,624
is eligible that the amount the fund receives under division (B), 1,625
(C), or (D) of this section is of the total amount it would 1,627
receive under those divisions if the full amount determined under 1,628
this division was paid.
(J)(1) Except as provided in division (J)(2) of this 1,631
section and notwithstanding any contrary provision of this
section, the board shall, in computing a pension or benefit under 1,633
section 742.37 or 742.39 of the Revised Code, give a member of 1,634
the fund who is not receiving a pension or disability benefit 1,635
from the fund full credit for service credit purchased under this 1,636
section for service that was less than full-time service if the 1,637
member provides evidence satisfactory to the board that, after 1,638
38
receiving written notice from the fund indicating that the member 1,640
would be permitted to purchase service credit for service that
was less than full-time, the member changed or ceased the 1,641
member's employment with the understanding that the credit 1,642
identified in the notice would be used in computing a pension or 1,643
benefit. If the board has canceled service credit purchased 1,645
under this section for service that was less than full-time 1,646
service and the member meets the requirements of division (J)(1) 1,647
of this section, the board shall restore the service credit on 1,648
repayment to the fund of the amount refunded to the member at the 1,650
time of cancellation.
(2) If a member of the fund who is not receiving a pension 1,653
or disability benefit from the fund purchased credit under this 1,654
section for service that was less than full-time service and does 1,655
not meet the requirements of division (J)(1) of this section, the 1,656
board shall refund to the member any amounts paid to purchase the 1,658
credit, with interest at a rate determined by the board from the 1,659
date the member purchased the credit to the date of the refund. 1,660
(K) A member of the fund who has purchased service credit 1,662
under this section, or the member's estate, is entitled to a 1,663
refund of the amount or portion of the amount paid to purchase 1,664
the credit if the purchased credit or portion of credit does not 1,665
increase a pension or benefit payable under section 742.37 or 1,666
742.39 of the Revised Code. The refund cancels an equivalent 1,667
amount of service credit. 1,668
(L) If a member or former member of the fund who is not a 1,670
current contributor and has not received a refund of accumulated 1,672
contributions elects to receive credit under section 145.295, 1,673
3307.412 3307.761, or 3309.351 of the Revised Code for service 1,674
for which the member contributed to the fund or purchased credit 1,675
for service in the armed forces of the United States, the fund 1,676
shall transfer to the public employees retirement system, school 1,678
employees retirement system, or state teachers retirement system 1,679
the amount specified in division (A) of section 145.295 of the 1,680
39
Revised Code, division (A) of section 3307.412 3307.761 of the 1,681
Revised Code, or division (A) of section 3309.351 of the Revised 1,683
Code.
(M) The board shall adopt rules establishing a payroll 1,686
deduction plan for the purchase of service credit under this 1,687
section. The rules shall meet the requirements described in
section 742.56 of the Revised Code. 1,689
Sec. 2329.66. (A) Every person who is domiciled in this 1,698
state may hold property exempt from execution, garnishment, 1,699
attachment, or sale to satisfy a judgment or order, as follows: 1,700
(1)(a) In the case of a judgment or order regarding money 1,702
owed for health care services rendered or health care supplies 1,703
provided to the person or a dependent of the person, one parcel 1,704
or item of real or personal property that the person or a 1,705
dependent of the person uses as a residence. Division (A)(1)(a) 1,706
of this section does not preclude, affect, or invalidate the 1,707
creation under this chapter of a judgment lien upon the exempted 1,708
property but only delays the enforcement of the lien until the 1,709
property is sold or otherwise transferred by the owner or in 1,710
accordance with other applicable laws to a person or entity other 1,711
than the surviving spouse or surviving minor children of the 1,712
judgment debtor. Every person who is domiciled in this state may 1,713
hold exempt from a judgment lien created pursuant to division 1,714
(A)(1)(a) of this section the person's interest, not to exceed 1,715
five thousand dollars, in the exempted property. 1,716
(b) In the case of all other judgments and orders, the 1,718
person's interest, not to exceed five thousand dollars, in one 1,719
parcel or item of real or personal property that the person or a 1,720
dependent of the person uses as a residence. 1,721
(2) The person's interest, not to exceed one thousand 1,723
dollars, in one motor vehicle; 1,724
(3) The person's interest, not to exceed two hundred 1,726
dollars in any particular item, in wearing apparel, beds, and 1,727
bedding, and the person's interest, not to exceed three hundred 1,728
40
dollars in each item, in one cooking unit and one refrigerator or 1,729
other food preservation unit; 1,730
(4)(a) The person's interest, not to exceed four hundred 1,732
dollars, in cash on hand, money due and payable, money to become 1,733
due within ninety days, tax refunds, and money on deposit with a 1,734
bank, savings and loan association, credit union, public utility, 1,735
landlord, or other person. Division (A)(4)(a) of this section 1,736
applies only in bankruptcy proceedings. This exemption may 1,737
include the portion of personal earnings that is not exempt under 1,738
division (A)(13) of this section. 1,739
(b) Subject to division (A)(4)(d) of this section, the 1,741
person's interest, not to exceed two hundred dollars in any 1,742
particular item, in household furnishings, household goods, 1,743
appliances, books, animals, crops, musical instruments, firearms, 1,744
and hunting and fishing equipment, that are held primarily for 1,745
the personal, family, or household use of the person; 1,746
(c) Subject to division (A)(4)(d) of this section, the 1,748
person's interest in one or more items of jewelry, not to exceed 1,749
four hundred dollars in one item of jewelry and not to exceed two 1,750
hundred dollars in every other item of jewelry; 1,751
(d) Divisions (A)(4)(b) and (c) of this section do not 1,753
include items of personal property listed in division (A)(3) of 1,754
this section. 1,755
If the person does not claim an exemption under division 1,757
(A)(1) of this section, the total exemption claimed under 1,758
division (A)(4)(b) of this section shall be added to the total 1,759
exemption claimed under division (A)(4)(c) of this section, and 1,760
the total shall not exceed two thousand dollars. If the person 1,761
claims an exemption under division (A)(1) of this section, the 1,762
total exemption claimed under division (A)(4)(b) of this section 1,763
shall be added to the total exemption claimed under division 1,764
(A)(4)(c) of this section, and the total shall not exceed one 1,765
thousand five hundred dollars. 1,766
(5) The person's interest, not to exceed an aggregate of 1,768
41
seven hundred fifty dollars, in all implements, professional 1,769
books, or tools of the person's profession, trade, or business, 1,770
including agriculture; 1,772
(6)(a) The person's interest in a beneficiary fund set 1,774
apart, appropriated, or paid by a benevolent association or 1,775
society, as exempted by section 2329.63 of the Revised Code; 1,776
(b) The person's interest in contracts of life or 1,778
endowment insurance or annuities, as exempted by section 3911.10 1,779
of the Revised Code; 1,780
(c) The person's interest in a policy of group insurance 1,782
or the proceeds of a policy of group insurance, as exempted by 1,783
section 3917.05 of the Revised Code; 1,784
(d) The person's interest in money, benefits, charity, 1,786
relief, or aid to be paid, provided, or rendered by a fraternal 1,787
benefit society, as exempted by section 3921.18 of the Revised 1,788
Code; 1,789
(e) The person's interest in the portion of benefits under 1,791
policies of sickness and accident insurance and in lump-sum 1,792
payments for dismemberment and other losses insured under those 1,793
policies, as exempted by section 3923.19 of the Revised Code. 1,794
(7) The person's professionally prescribed or medically 1,796
necessary health aids; 1,797
(8) The person's interest in a burial lot, including, but 1,799
not limited to, exemptions under section 517.09 or 1721.07 of the 1,800
Revised Code; 1,801
(9) The person's interest in the following: 1,803
(a) Moneys paid or payable for living maintenance or 1,805
rights, as exempted by section 3304.19 of the Revised Code; 1,806
(b) Workers' compensation, as exempted by section 4123.67 1,809
of the Revised Code; 1,810
(c) Unemployment compensation benefits, as exempted by 1,812
section 4141.32 of the Revised Code; 1,813
(d) Cash assistance payments under the Ohio works first 1,815
program, as exempted by section 5107.75 of the Revised Code; 1,817
42
(e) Disability assistance payments, as exempted by section 1,819
5115.07 of the Revised Code. 1,820
(10)(a) Except in cases in which the person was convicted 1,822
of or pleaded guilty to a violation of section 2921.41 of the 1,823
Revised Code and in which an order for the withholding of 1,824
restitution from payments was issued under division (C)(2)(b) of 1,825
that section or in cases in which an order for withholding was 1,826
issued under section 2907.15 of the Revised Code, and only to the 1,827
extent provided in the order, and except as provided in sections 1,831
3105.171, 3105.63, 3111.23, and 3113.21 of the Revised Code, the 1,833
person's right to a pension, benefit, annuity, retirement 1,834
allowance, or accumulated contributions, the person's right to a 1,835
participant account in any deferred compensation program offered 1,836
by the Ohio public employees deferred compensation board, a 1,837
government unit, or a municipal corporation, or the person's 1,838
other accrued or accruing rights, as exempted by section 145.56, 1,839
145.75, 146.13, 742.47, 3307.71 3307.41, 3309.66, or 5505.22 of 1,840
the Revised Code, and the person's right to benefits from the 1,842
Ohio public safety officers death benefit fund; 1,844
(b) Except as provided in sections 3111.23 and 3113.21 of 1,847
the Revised Code, the person's right to receive a payment under 1,848
any pension, annuity, or similar plan or contract, not including 1,849
a payment from a stock bonus or profit-sharing plan or a payment 1,850
included in division (A)(6)(b) or (10)(a) of this section, on 1,851
account of illness, disability, death, age, or length of service, 1,852
to the extent reasonably necessary for the support of the person 1,853
and any of the person's dependents, except if all the following 1,854
apply: 1,855
(i) The plan or contract was established by or under the 1,857
auspices of an insider that employed the person at the time the 1,858
person's rights under the plan or contract arose. 1,859
(ii) The payment is on account of age or length of 1,861
service. 1,862
(iii) The plan or contract is not qualified under the 1,864
43
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as 1,865
amended. 1,866
(c) Except for any portion of the assets that were 1,868
deposited for the purpose of evading the payment of any debt and 1,869
except as provided in sections 3111.23 and 3113.21 of the Revised 1,871
Code, the person's right in the assets held in, or to receive any 1,873
payment under, any individual retirement account, individual 1,874
retirement annuity, "Roth IRA," or education individual 1,875
retirement account that provides benefits by reason of illness, 1,877
disability, death, or age, to the extent that the assets, 1,878
payments, or benefits described in division (A)(10)(c) of this 1,879
section are attributable to any of the following: 1,880
(i) Contributions of the person that were less than or 1,883
equal to the applicable limits on deductible contributions to an 1,884
individual retirement account or individual retirement annuity in 1,885
the year that the contributions were made, whether or not the 1,886
person was eligible to deduct the contributions on the person's 1,887
federal tax return for the year in which the contributions were 1,888
made;
(ii) Contributions of the person that were less than or 1,891
equal to the applicable limits on contributions to a Roth IRA or 1,892
education individual retirement account in the year that the 1,893
contributions were made;
(iii) Contributions of the person that are within the 1,896
applicable limits on rollover contributions under subsections 1,897
219, 402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 1,898
408A(c)(3)(B), 408A(d)(3), and 530(d)(5) of the "Internal Revenue 1,901
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. 1,903
(d) Except for any portion of the assets that were 1,906
deposited for the purpose of evading the payment of any debt and 1,907
except as provided in sections 3111.23 and 3113.21 of the Revised 1,908
Code, the person's right in the assets held in, or to receive any 1,909
payment under, any Keogh or "H.R. 10" plan that provides benefits 1,910
by reason of illness, disability, death, or age, to the extent 1,911
44
reasonably necessary for the support of the person and any of the 1,912
person's dependents. 1,913
(11) The person's right to receive spousal support, child 1,915
support, an allowance, or other maintenance to the extent 1,916
reasonably necessary for the support of the person and any of the 1,917
person's dependents; 1,919
(12) The person's right to receive, or moneys received 1,921
during the preceding twelve calendar months from, any of the 1,922
following: 1,923
(a) An award of reparations under sections 2743.51 to 1,925
2743.72 of the Revised Code, to the extent exempted by division 1,926
(D) of section 2743.66 of the Revised Code; 1,927
(b) A payment on account of the wrongful death of an 1,929
individual of whom the person was a dependent on the date of the 1,930
individual's death, to the extent reasonably necessary for the 1,931
support of the person and any of the person's dependents; 1,932
(c) Except in cases in which the person who receives the 1,934
payment is an inmate, as defined in section 2969.21 of the 1,935
Revised Code, and in which the payment resulted from a civil 1,936
action or appeal against a government entity or employee, as 1,937
defined in section 2969.21 of the Revised Code, a payment, not to
exceed five thousand dollars, on account of personal bodily 1,939
injury, not including pain and suffering or compensation for 1,940
actual pecuniary loss, of the person or an individual for whom 1,941
the person is a dependent;
(d) A payment in compensation for loss of future earnings 1,943
of the person or an individual of whom the person is or was a 1,944
dependent, to the extent reasonably necessary for the support of 1,945
the debtor and any of the debtor's dependents. 1,946
(13) Except as provided in sections 3111.23 and 3113.21 of 1,949
the Revised Code, personal earnings of the person owed to the
person for services in an amount equal to the greater of the 1,950
following amounts: 1,951
(a) If paid weekly, thirty times the current federal 1,953
45
minimum hourly wage; if paid biweekly, sixty times the current 1,954
federal minimum hourly wage; if paid semimonthly, sixty-five 1,955
times the current federal minimum hourly wage; or if paid 1,956
monthly, one hundred thirty times the current federal minimum 1,957
hourly wage that is in effect at the time the earnings are 1,958
payable, as prescribed by the "Fair Labor Standards Act of 1938," 1,959
52 Stat. 1060, 29 U.S.C. 206(a)(1), as amended; 1,960
(b) Seventy-five per cent of the disposable earnings owed 1,962
to the person. 1,963
(14) The person's right in specific partnership property, 1,965
as exempted by division (B)(3) of section 1775.24 of the Revised 1,966
Code; 1,967
(15) A seal and official register of a notary public, as 1,969
exempted by section 147.04 of the Revised Code; 1,970
(16) The person's interest in a tuition credit or a 1,972
payment under section 3334.09 of the Revised Code pursuant to a 1,973
tuition credit contract, as exempted by section 3334.15 of the 1,974
Revised Code;
(17) Any other property that is specifically exempted from 1,976
execution, attachment, garnishment, or sale by federal statutes 1,977
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11 1,978
U.S.C.A. 101, as amended; 1,979
(18) The person's interest, not to exceed four hundred 1,981
dollars, in any property, except that division (A)(18) of this 1,982
section applies only in bankruptcy proceedings. 1,983
(B) As used in this section: 1,985
(1) "Disposable earnings" means net earnings after the 1,987
garnishee has made deductions required by law, excluding the 1,988
deductions ordered pursuant to section 3111.23 or 3113.21 of the 1,990
Revised Code. 1,991
(2) "Insider" means: 1,993
(a) If the person who claims an exemption is an 1,995
individual, a relative of the individual, a relative of a general 1,996
partner of the individual, a partnership in which the individual 1,997
46
is a general partner, a general partner of the individual, or a 1,998
corporation of which the individual is a director, officer, or in 1,999
control; 2,000
(b) If the person who claims an exemption is a 2,002
corporation, a director or officer of the corporation; a person 2,003
in control of the corporation; a partnership in which the 2,004
corporation is a general partner; a general partner of the 2,005
corporation; or a relative of a general partner, director, 2,006
officer, or person in control of the corporation; 2,007
(c) If the person who claims an exemption is a 2,009
partnership, a general partner in the partnership; a general 2,010
partner of the partnership; a person in control of the 2,011
partnership; a partnership in which the partnership is a general 2,012
partner; or a relative in, a general partner of, or a person in 2,013
control of the partnership; 2,014
(d) An entity or person to which or whom any of the 2,016
following applies: 2,017
(i) The entity directly or indirectly owns, controls, or 2,019
holds with power to vote, twenty per cent or more of the 2,020
outstanding voting securities of the person who claims an 2,021
exemption, unless the entity holds the securities in a fiduciary 2,022
or agency capacity without sole discretionary power to vote the 2,023
securities or holds the securities solely to secure to debt and 2,024
the entity has not in fact exercised the power to vote. 2,025
(ii) The entity is a corporation, twenty per cent or more 2,027
of whose outstanding voting securities are directly or indirectly 2,028
owned, controlled, or held with power to vote, by the person who 2,029
claims an exemption or by an entity to which division 2,030
(B)(2)(d)(i) of this section applies. 2,031
(iii) A person whose business is operated under a lease or 2,033
operating agreement by the person who claims an exemption, or a 2,034
person substantially all of whose business is operated under an 2,035
operating agreement with the person who claims an exemption. 2,036
(iv) The entity operates the business or all or 2,038
47
substantially all of the property of the person who claims an 2,039
exemption under a lease or operating agreement. 2,040
(e) An insider, as otherwise defined in this section, of a 2,042
person or entity to which division (B)(2)(d)(i), (ii), (iii), or 2,043
(iv) of this section applies, as if the person or entity were a 2,044
person who claims an exemption; 2,045
(f) A managing agent of the person who claims an 2,047
exemption. 2,048
(3) "Participant account" has the same meaning as in 2,050
section 145.71 of the Revised Code. 2,051
(4) "Government unit" has the same meaning as in section 2,053
145.74 of the Revised Code. 2,054
(C) For purposes of this section, "interest" shall be 2,056
determined as follows: 2,057
(1) In bankruptcy proceedings, as of the date a petition 2,059
is filed with the bankruptcy court commencing a case under Title 2,060
11 of the United States Code; 2,061
(2) In all cases other than bankruptcy proceedings, as of 2,063
the date of an appraisal, if necessary under section 2329.68 of 2,064
the Revised Code, or the issuance of a writ of execution. 2,065
An interest, as determined under division (C)(1) or (2) of 2,067
this section, shall not include the amount of any lien otherwise 2,068
valid pursuant to section 2329.661 of the Revised Code. 2,069
Sec. 3305.01. As used in this chapter: 2,078
(A) "Public institution of higher education" means a state 2,081
university as defined in section 3345.011 of the Revised Code, 2,082
the medical college of Ohio at Toledo, the northeastern Ohio 2,083
universities college of medicine, or a university branch, 2,084
technical college, state community college, community college, or 2,085
municipal university established or operating under Chapter 2,086
3345., 3349., 3355., 3357., or 3358. of the Revised Code. 2,087
(B) "State retirement system" means the public employees 2,090
retirement system created under Chapter 145. of the Revised Code, 2,091
the state teachers retirement system created under Chapter 3307. 2,093
48
of the Revised Code, or the school employees retirement system 2,095
created under Chapter 3309. of the Revised Code. 2,096
(C) "Academic or administrative employee" means any 2,099
full-time employee who is a member of the faculty or 2,100
administrative staff of a public institution of higher education 2,101
serving in a position in the unclassified civil service pursuant 2,102
to section 124.11 of the Revised Code and is not receiving any 2,103
benefit, allowance, or other payment from a state retirement 2,104
system. In all cases of doubt, the board of trustees of the 2,105
public institution of higher education shall determine whether 2,106
any person is an academic or administrative employee for purposes 2,108
of this chapter, and the board's decision shall be final. 2,109
(D) "Electing employee" means any academic or 2,111
administrative employee who elects, pursuant to section 3305.05 2,112
of the Revised Code, to participate in an alternative retirement 2,113
plan provided pursuant to this chapter.
(E) An electing employee is "continuously employed" if no 2,115
more than one year intervenes between each period of employment 2,117
by a public institution of higher education in a position for 2,118
which three or more alternative retirement plans are available 2,119
under this chapter.
(F) "Compensation," for purposes of an electing employee, 2,121
has the same meaning as the applicable one of the following: 2,122
(1) If the electing employee would be subject to Chapter 2,124
145. of the Revised Code had the employee not made an election 2,125
pursuant to section 3305.05 of the Revised Code, "earnable 2,127
salary" as defined in division (R) of section 145.01 of the
Revised Code; 2,128
(2) If the electing employee would be subject to Chapter 2,130
3307. of the Revised Code had the employee not made an election 2,131
pursuant to section 3305.05 of the Revised Code, "compensation" 2,133
as defined in division (U)(L) of section 3307.01 of the Revised 2,134
Code; 2,135
(3) If the electing employee would be subject to Chapter 2,137
49
3309. of the Revised Code had the employee not made an election 2,138
pursuant to section 3305.05 of the Revised Code, "compensation" 2,140
as defined in division (V) of section 3309.01 of the Revised
Code. 2,141
Sec. 3305.06. (A) Each electing employee shall contribute 2,150
an amount, which shall be a certain percentage of the employee's 2,151
compensation, to the alternative retirement plan in which the 2,152
employee participates. This percentage shall be the percentage 2,153
the electing employee would have otherwise been required to 2,154
contribute to the state retirement system that applies to the
employee's position, except that the percentage shall not be less 2,155
than three per cent. Employee contributions under this division 2,156
may be treated as employer contributions in accordance with 2,157
Internal Revenue Code 414(h). 2,158
(B) Each public institution of higher education employing 2,160
an electing employee shall contribute an amount, which shall be a 2,161
certain percentage of the employee's compensation, to the 2,162
alternative retirement plan the employee has elected. This 2,163
percentage shall be determined by the board of trustees of the 2,164
public institution.
(C)(1) In no event shall the amount contributed by the 2,167
electing employee pursuant to division (A) of this section and on 2,168
the electing employee's behalf pursuant to division (B) of this
section be less than the amount necessary to qualify the plan as 2,169
a state retirement system pursuant to Internal Revenue Code 2,170
3121(B)(7) and the regulations adopted thereunder. 2,171
(2) The full amount of the electing employee's 2,173
contribution under division (A) of this section and the full 2,174
amount of the employer's contribution made on behalf of that 2,175
employee under division (B) of this section shall be paid to the 2,176
entity providing the employee's alternative retirement plan for 2,177
application to that plan in accordance with any contract the 2,178
electing employee has entered into for purposes of that plan. In
no event shall any benefits be paid under that plan prior to the 2,179
50
time an electing employee ceases to be continuously employed. 2,180
(D) An electing employee may make voluntary deposits to 2,182
the employee's alternative retirement plan in addition to the 2,183
employee contribution required under division (A) of this 2,185
section.
(E) Each public institution of higher education employing 2,187
an electing employee shall contribute on behalf of that employee 2,188
to the state retirement system that otherwise applies to the 2,189
electing employee's position an amount equal to six per cent of 2,190
the electing employee's compensation to mitigate any negative 2,191
financial impact of the alternative retirement program on the 2,193
state retirement system; provided that on the first day of July
following the first year after the department of insurance 2,195
designates an alternative retirement plan under section 3305.03 2,196
of the Revised Code and every third year thereafter, the Ohio
retirement study council shall cause an independent actuarial 2,199
study to be completed and submitted to the Ohio board of regents. 2,200
The study shall determine any adjustments in contributions
necessary to reflect any change in the level of the negative 2,201
financial impact resulting from the establishment of the 2,202
alternative retirement program. The amount contributed to the 2,204
state retirement system pursuant to this division shall be
increased or decreased to reflect the amount needed to mitigate 2,205
the negative financial impact, if any, on the system, as 2,206
determined by each actuarial study. Any increase or decrease in 2,207
contributions shall become effective on the first day of July in 2,208
the year in which the actuarial study is completed. 2,209
Contributions on behalf of an electing employee shall continue in 2,210
accordance with this division until the occurrence of the 2,211
following:
(1) If the electing employee would be subject to Chapter 2,213
145. of the Revised Code had the employee not made an election 2,214
pursuant to section 3305.05 of the Revised Code, until the 2,216
unfunded actuarial accrued liability for all benefits, except 2,218
51
health care benefits provided under section 145.325 or 145.58 of 2,219
the Revised Code, is fully amortized, as determined by the annual 2,220
actuarial valuation prepared under section 145.22 of the Revised 2,221
Code;
(2) If the electing employee would be subject to Chapter 2,223
3307. of the Revised Code had the employee not made an election 2,224
pursuant to section 3305.05 of the Revised Code, until the 2,225
unfunded actuarial accrued liability for all benefits, except 2,226
health care benefits provided under section 3307.405 3307.39 or 2,227
3307.74 3307.61 of the Revised Code, is fully amortized, as 2,229
determined by the annual actuarial valuation prepared under
section 3307.20 3307.51 of the Revised Code; 2,230
(3) If the electing employee would be subject to Chapter 2,232
3309. of the Revised Code had the employee not made an election 2,233
pursuant to section 3305.05 of the Revised Code, until the 2,234
unfunded actuarial accrued liability for all benefits, except 2,235
health care benefits provided under section 3309.375 or 3309.69 2,236
of the Revised Code, is fully amortized, as determined by the 2,237
annual actuarial valuation prepared under section 3309.21 of the 2,238
Revised Code.
Sec. 3307.01. As used in this chapter: 2,247
(A) "Employer" means the board of education, school 2,249
district, governing authority of any community school established 2,250
under Chapter 3314. of the Revised Code, college, university, 2,251
institution, or other agency within the state by which a teacher 2,253
is employed and paid.
(B) "Teacher" means any ALL OF THE FOLLOWING: 2,255
(1) ANY person paid from public funds and employed in the 2,258
public schools of the state under any type of contract described 2,259
in section 3319.08 of the Revised Code in a position for which 2,260
the person is required to have a license issued pursuant to 2,262
sections 3319.22 to 3319.31 of the Revised Code; any
(2) ANY person employed as a teacher by a community school 2,265
pursuant to Chapter 3314. of the Revised Code; and any 2,267
52
(3) ANY PERSON HOLDING AN INTERNSHIP CERTIFICATE ISSUED 2,270
UNDER SECTION 3319.28 OF THE REVISED CODE AND EMPLOYED IN A 2,272
PUBLIC SCHOOL IN THIS STATE;
(4) ANY PERSON HAVING A LICENSE ISSUED PURSUANT TO 2,275
SECTIONS 3319.22 TO 3319.31 OF THE REVISED CODE AND EMPLOYED IN A 2,276
PUBLIC SCHOOL IN THIS STATE IN AN EDUCATIONAL POSITION, AS 2,278
DETERMINED BY THE STATE BOARD OF EDUCATION, UNDER PROGRAMS
PROVIDED FOR BY FEDERAL ACTS OR REGULATIONS AND FINANCED IN WHOLE 2,279
OR IN PART FROM FEDERAL FUNDS, BUT FOR WHICH NO LICENSURE 2,280
REQUIREMENTS FOR THE POSITION CAN BE MADE UNDER THE PROVISIONS OF 2,281
SUCH FEDERAL ACTS OR REGULATIONS;
(5) ANY other teacher or faculty member employed in any 2,283
school, college, university, institution, or other agency wholly 2,285
controlled and managed, and supported in whole or in part, by the 2,286
state or any political subdivision thereof, including Central 2,287
state university, Cleveland state university, the university of 2,288
Toledo, and the medical college of Ohio at Toledo.; 2,289
(6) The educational employees of the department of 2,292
education, as determined by the state superintendent of public 2,293
instruction, shall be considered teachers for the purpose of 2,294
membership in this system. In 2,295
IN all cases of doubt, the state teachers retirement board 2,298
shall determine whether any person is a teacher, and its decision 2,299
shall be final.
"Teacher" does not include any academic or administrative 2,301
employee of a public institution of higher education, as defined 2,302
in section 3305.01 of the Revised Code, who participates in an 2,303
alternative retirement plan established under Chapter 3305. of 2,304
the Revised Code.
(C) "Prior service" means all service as a teacher before 2,306
September 1, 1920, military service credit, all service prior to 2,307
September 1, 1920, as an employee of any employer who comes 2,308
within the public employees retirement system, the school 2,309
employees retirement system, or any other state retirement system 2,310
53
established under the laws of Ohio, and similar service in 2,311
another state, credit for which was procured by a member under 2,312
section 3307.33 of the Revised Code, prior to June 25, 1945. 2,313
Prior service credit shall not be granted to any member for 2,314
service for which credit or benefits have been received in any 2,315
other state retirement system in Ohio or for credit that was 2,316
forfeited by withdrawal of contributions, unless the credit has 2,317
been restored. If the teacher served as an employee in any two 2,318
or all of the capacities, "prior service" means the total 2,319
combined service in the capacities prior to September 1, 1920. 2,320
If a teacher who has been granted prior service credit for 2,322
service rendered prior to September 1, 1920, as an employee of an 2,323
employer who comes within the public employees retirement system 2,324
or the school employees retirement system, establishes, 2,325
subsequent to September 16, 1957, and before retirement, three 2,326
years of contributing service in the public employees retirement 2,327
system, or one year in the school employees retirement system, 2,328
the prior service credit granted shall become, at retirement, the 2,330
liability of the other system if the prior service or employment 2,332
was in a capacity covered by that system.
(D) "Total service," "total service credit," except as 2,334
provided in section 3307.41 of the Revised Code, or "Ohio service 2,335
credit" means all service of a member of the state teachers 2,336
retirement system since last becoming a member and, in addition 2,337
thereto, restored service credit under section 3307.28 of the 2,338
Revised Code, all prior service credit, all military service 2,340
credit computed as provided in this chapter, and all other 2,341
service credit established under sections 3307.22, 3307.31, 2,342
3307.311, 3307.32, 3307.35, 3307.411, 3307.412, 3307.51, 2,344
3307.512, 3307.513, 3307.514, 3307.515, and 3307.73 and former 2,346
section 3307.52 of the Revised Code, and Section 3 of Amended 2,347
Substitute Senate Bill No. 530 of the 114th general assembly. 2,348
All service credit purchased under section 3307.33 of the Revised 2,349
Code shall be used exclusively for the purpose of qualifying for 2,350
54
service retirement. 2,351
(E) "Member" means any person included in the membership 2,353
of the state teachers retirement system, which shall consist of 2,354
all teachers and contributors as defined in divisions (B) and 2,356
(F)(D) of this section and all disability benefit recipients, AS 2,357
DEFINED IN SECTION 3307.50 OF THE REVISED CODE. However, for 2,359
purposes of this chapter, the following persons shall not be
considered members: 2,360
(1) A student, intern, or resident who is not a member 2,362
while employed part-time by a school, college, or university at 2,364
which the student, intern, or resident is regularly attending 2,365
classes;
(2) A person denied membership pursuant to section 3307.27 2,367
3307.24 of the Revised Code; 2,369
(3) A superannuate or AN other system retirant, as defined 2,372
in section 3307.381 3307.35 of the Revised Code, OR A 2,373
SUPERANNUATE; 2,374
(4) An individual employed in a program established 2,376
pursuant to the "Job Training Partnership Act," 96 Stat. 1322 2,377
(1982), 29 U.S.C.A. 1501. 2,378
(F)(D) "Contributor" means any person who has an account 2,380
in the teachers' savings fund OR DEFINED CONTRIBUTION FUND. 2,381
(G)(E) "Beneficiary" means any person eligible to receive, 2,383
or in receipt of, a retirement allowance or other benefit 2,385
provided by this chapter. 2,386
(H)(1) "Service retirement" means retirement as provided 2,388
in section 3307.38 or 3307.39 of the Revised Code. 2,389
(2) "Disability retirement" means retirement as provided 2,391
in section 3307.43 of the Revised Code. 2,392
(I) "Accumulated contributions" means the sum of all 2,394
amounts credited to a contributor's individual account in the 2,395
teachers' savings fund, together with interest credited thereon 2,396
at the rates approved by the state teachers retirement board 2,397
prior to retirement. 2,398
55
(J) "Annuity" means payments for life derived from 2,400
contributions made by a contributor and paid from the annuity and 2,401
pension reserve fund. All annuities shall be paid in twelve 2,402
equal monthly installments. 2,403
(K) "Pensions" means annual payments for life derived from 2,405
appropriations made by an employer and paid from the annuity and 2,406
pension reserve fund. All pensions shall be paid in twelve equal 2,407
monthly installments. 2,408
(L)(1) "Allowance" or "benefit" means the pension plus the 2,410
annuity, or any other payment under this chapter, and includes a 2,411
disability allowance or disability benefit. 2,412
(2) "Disability allowance" means an allowance paid on 2,414
account of disability under section 3307.431 of the Revised Code. 2,415
(3) "Disability benefit" means a benefit paid as 2,417
disability retirement under section 3307.43 of the Revised Code, 2,418
as a disability allowance under section 3307.431 of the Revised 2,419
Code, or as a disability benefit under section 3307.41 of the 2,420
Revised Code. 2,421
(M) "Annuity reserve" means the present value, computed 2,423
upon the basis of mortality tables adopted by the state teachers 2,424
retirement board with interest, of all payments to be made on 2,425
account of any annuity, or benefit in lieu of any annuity, 2,426
granted to a member. 2,427
(N) "Pension reserve" means the present value, computed 2,429
upon the basis of mortality tables adopted by the state teachers 2,430
retirement board with interest, of all payments to be made on 2,431
account of any pension, or benefit in lieu of any pension, 2,432
granted to a member or to a beneficiary. 2,433
(O)(F) "Year" means the year beginning the first day of 2,435
July and ending with the thirtieth day of June next following, 2,436
except that for the purpose of determining final average salary 2,437
UNDER THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE 2,438
REVISED CODE, "year" may mean the contract year. 2,440
(P)(G) "Local district pension system" means any school 2,442
56
teachers pension fund created in any school district of the state 2,443
in accordance with the laws of the state prior to September 1, 2,444
1920. 2,445
(Q)(H) "Employer contribution" means the amount paid by an 2,447
employer, as determined by the employer rate, including the 2,448
normal and deficiency rates, contributions, and funds wherever 2,449
used in this chapter. 2,450
(R)(I) "Five years of service credit," for the exclusive 2,453
purpose of satisfying the service credit requirements and 2,454
determining eligibility for benefits under section 3307.38 of the 2,455
Revised Code, means employment covered under this chapter and 2,456
employment covered under a former retirement plan operated, 2,457
recognized, or endorsed by a college, institute, university, or 2,458
political subdivision of this state prior to coverage under this 2,459
chapter. 2,460
(S)(J) "Actuary" means the actuarial consultant to the 2,462
state teachers retirement board, who shall be either of the 2,463
following:
(1) A member of the American academy of actuaries; 2,465
(2) A firm, partnership, or corporation of which at least 2,467
one person is a member of the American academy of actuaries. 2,468
(T)(K) "Fiduciary" means a person who does any of the 2,470
following: 2,471
(1) Exercises any discretionary authority or control with 2,473
respect to the management of the system, or with respect to the 2,474
management or disposition of its assets; 2,475
(2) Renders investment advice for a fee, direct or 2,477
indirect, with respect to money or property of the system; 2,478
(3) Has any discretionary authority or responsibility in 2,480
the administration of the system. 2,481
(U)(L)(1) Except as otherwise provided in this division, 2,484
"compensation" means all salary, wages, and other earnings paid 2,485
to a teacher by reason of the teacher's employment, including 2,486
compensation paid pursuant to a supplemental contract. The 2,487
57
salary, wages, and other earnings shall be determined prior to 2,488
determination of the amount required to be contributed to the 2,489
teachers' savings fund under section 3307.51 3307.26 of the 2,490
Revised Code and without regard to whether any of the salary, 2,492
wages, or other earnings are treated as deferred income for 2,493
federal income tax purposes.
(2) Compensation does not include any of the following: 2,495
(a) Payments for accrued but unused sick leave or personal 2,497
leave, including payments made under a plan established pursuant 2,498
to section 124.39 of the Revised Code or any other plan 2,499
established by the employer; 2,500
(b) Payments made for accrued but unused vacation leave, 2,502
including payments made pursuant to section 124.13 of the Revised 2,503
Code or a plan established by the employer; 2,504
(c) Payments made for vacation pay covering concurrent 2,506
periods for which other salary, compensation, or benefits under 2,507
this chapter are paid; 2,508
(d) Amounts paid by the employer to provide life 2,510
insurance, sickness, accident, endowment, health, medical, 2,511
hospital, dental, or surgical coverage, or other insurance for 2,512
the teacher or the teacher's family, or amounts paid by the 2,513
employer to the teacher in lieu of providing the insurance; 2,514
(e) Incidental benefits, including lodging, food, laundry, 2,516
parking, or services furnished by the employer, use of the 2,517
employer's property or equipment, and reimbursement for 2,518
job-related expenses authorized by the employer, including moving 2,519
and travel expenses and expenses related to professional 2,520
development; 2,521
(f) Payments made by the employer in exchange for a 2,523
member's waiver of a right to receive any payment, amount, or 2,524
benefit described in division (U)(L)(2) of this section; 2,525
(g) Payments by the employer for services not actually 2,527
rendered; 2,528
(h) Any amount paid by the employer as a retroactive 2,530
58
increase in salary, wages, or other earnings, unless the increase 2,531
is one of the following: 2,532
(i) A retroactive increase paid to a member employed by a 2,534
school district board of education in a position that requires a 2,535
license designated for teaching and not designated for being an 2,536
administrator issued under section 3319.22 of the Revised Code 2,537
that is paid in accordance with uniform criteria applicable to 2,538
all members employed by the board in positions requiring the 2,539
licenses; 2,540
(ii) A retroactive increase paid to a member employed by a 2,542
school district board of education in a position that requires a 2,543
license designated for being an administrator issued under 2,544
section 3319.22 of the Revised Code that is paid in accordance 2,545
with uniform criteria applicable to all members employed by the 2,546
board in positions requiring the licenses; 2,547
(iii) A retroactive increase paid to a member employed by 2,549
a school district board of education as a superintendent that is 2,550
also paid as described in division (U)(L)(2)(h)(i) of this 2,551
section; 2,552
(iv) A retroactive increase paid to a member employed by 2,554
an employer other than a school district board of education in 2,555
accordance with uniform criteria applicable to all members 2,556
employed by the employer. 2,557
(i) Payments made to or on behalf of a teacher that are in 2,559
excess of the annual compensation that may be taken into account 2,560
by the retirement system under division (a)(17) of section 401 of 2,561
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 2,562
401(a)(17), as amended. For a teacher who first establishes 2,563
membership before July 1, 1996, the annual compensation that may 2,564
be taken into account by the retirement system shall be 2,565
determined under division (d)(3) of section 13212 of the "Omnibus 2,566
Budget Reconciliation Act of 1993," Pub. L. No. 103-66, 107 Stat. 2,568
472.
(j) Payments made under division (B) or (D) of section 2,570
59
5923.05 of the Revised Code or Section 4 of Substitute Senate 2,572
Bill No. 3 of the 119th general assembly; 2,573
(k) Anything of value received by the teacher that is 2,575
based on or attributable to retirement or an agreement to retire. 2,576
(3) The retirement board shall determine by rule both of 2,578
the following: 2,579
(a) Whether particular forms of earnings are included in 2,581
any of the categories enumerated in this division; 2,582
(b) Whether any form of earnings not enumerated in this 2,584
division is to be included in compensation. 2,585
Decisions of the board made under this division shall be 2,587
final. 2,588
(V) "Retirant" means any former member who is granted age 2,590
and service retirement as provided in sections 3307.38, 3307.39, 2,591
3307.41, and 3307.50 of the Revised Code. 2,592
(W) "Disability benefit recipient" means a member who is 2,594
receiving a disability benefit. 2,595
(M) "SUPERANNUATE" MEANS BOTH OF THE FOLLOWING: 2,597
(1) A FORMER TEACHER RECEIVING FROM THE SYSTEM A 2,599
RETIREMENT ALLOWANCE UNDER SECTION 3307.58 OR 3307.59 OF THE 2,600
REVISED CODE; 2,601
(2) A FORMER TEACHER RECEIVING ANY BENEFIT FROM THE SYSTEM 2,603
UNDER THE PLAN ESTABLISHED UNDER SECTIONS 3307.81 TO 3307.89 OF 2,604
THE REVISED CODE. 2,605
FOR PURPOSES OF SECTION 3307.35 OF THE REVISED CODE, 2,607
"SUPERANNUATE" ALSO MEANS A FORMER TEACHER RECEIVING FROM THE 2,608
SYSTEM A COMBINED SERVICE RETIREMENT BENEFIT PAID IN ACCORDANCE 2,609
WITH SECTION 3307.57 OF THE REVISED CODE, REGARDLESS OF WHICH 2,610
RETIREMENT SYSTEM IS PAYING THE BENEFIT. 2,611
Sec. 3307.031. THE STATE TEACHERS RETIREMENT SYSTEM SHALL 2,614
CONSIST OF THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 AND 2,615
THE PLAN ESTABLISHED UNDER SECTION 3307.81 OF THE REVISED CODE. 2,617
Sec. 3307.05. The state teachers retirement board shall 2,626
consist of the following nine members: 2,627
60
(A) The superintendent of public instruction; 2,629
(B) The auditor of state; 2,631
(C) The attorney general; 2,633
(D) Five members, known as teacher members, who shall be 2,635
members of the state teachers retirement system; 2,636
(E) A former member of the system, known as the retired 2,638
teacher member, who shall be a recipient of service retirement 2,639
benefits under section 3307.38 or 3307.39 of the Revised Code 2,640
SUPERANNUATE.
Sec. 3307.07. All elections of members of the state 2,649
teachers retirement board shall be held under the direction of 2,650
the board. Any member of the state teachers retirement system, 2,651
who has been nominated by a petition signed by five hundred or 2,652
more members of the system, shall be eligible for election as a 2,653
teacher member of the board. The petition shall contain the 2,654
signatures of twenty or more members of the system from each of 2,655
at least ten counties wherein members of the system are employed. 2,656
Any retired teacher who is a recipient of service 2,658
retirement benefits under section 3307.38 or 3307.39 of the 2,659
Revised Code SUPERANNUATE and is a resident of Ohio is eligible 2,661
for election as the retired teacher member of the board, if such 2,662
retired teacher has been nominated by a petition signed by five 2,663
hundred or more retired teachers, who are also recipients of 2,664
benefits under section 3307.38 or 3307.39 of the Revised Code 2,665
SUPERANNUATES. The petition shall contain the signatures of 2,667
twenty or more retired teachers from each of at least ten 2,668
counties wherein retirants SUPERANNUATES under the system reside. 2,670
The board shall place the name of any eligible candidate 2,672
upon the appropriate ballot as a regular candidate. At any 2,673
election, qualified voters, as defined in this section, may vote 2,674
for the regular candidates or for other eligible candidates, in 2,675
which case the names of such persons shall be written upon the 2,676
appropriate ballots, except that members of the system and former 2,677
members of the system who are recipients of service retirement 2,678
61
benefits under section 3307.38 or 3307.39 of the Revised Code 2,679
SUPERANNUATES shall vote respectively for teacher members and the 2,681
retired teacher member of the board. The candidate who receives 2,682
the highest number of votes for any term of office shall be 2,683
elected to the board. If, at any election, teacher members are 2,684
to be elected for concurrent terms, eligible candidates shall be 2,685
placed on the ballot, and the candidates who receive the highest 2,686
numbers of votes shall be elected to the board. 2,687
Elected members of the board shall be elected on the basis 2,689
of the total number of ballots cast by qualified voters, who 2,690
shall consist of members of the system and former members of the 2,691
system who are recipients of service retirement benefits under 2,692
section 3307.38 or 3307.39 of the Revised Code SUPERANNUATES. 2,693
Sec. 3307.08. Each member of the state teachers retirement 2,702
board upon appointment or election shall take an oath of office 2,703
that he THE MEMBER will support the constitution of the United 2,705
States, the constitution of the state, and that he THE MEMBER 2,706
will diligently and honestly administer the affairs of the said 2,707
board, and that he THE MEMBER will not knowingly violate or 2,709
willfully permit to be violated any law applicable to sections 2,711
3307.01 to 3307.72, inclusive, of the Revised Code THIS CHAPTER. 2,712
Such oath shall be subscribed to by the member making it, and 2,713
certified by the officer before whom it is taken, and shall be 2,714
immediately filed in the office of the secretary of state. 2,715
Sec. 3307.09. A majority of the members of the state 2,724
teachers retirement board constitutes a quorum for the 2,725
transaction of any business. All meetings of the board shall be 2,726
open to the public except executive sessions as set forth in 2,727
division (G) of section 121.22 of the Revised Code, and any
portions of any sessions discussing medical records or the degree 2,728
of disability of a member excluded from public inspection by 2,729
section 3307.21 3307.20 of the Revised Code. 2,730
Sec. 3307.10. (A) The members of the state teachers 2,739
retirement board shall serve without compensation, except that 2,740
62
members shall be reimbursed from the expense fund for all actual 2,741
necessary expenses incurred while serving on the board. 2,742
(B) The board may secure insurance coverage designed to 2,744
indemnify board members and employees for their actions or 2,745
conduct in the performance of official duties, and may pay 2,746
required premiums for such coverage from the expense fund. 2,747
(C) If the officers of the board determine that a meeting 2,749
of the entire membership, or any part thereof, is necessary, such 2,750
determination shall be final, and teacher members shall be given 2,751
time off from their employment to attend any such meeting. The 2,752
employer of a teacher member shall not reduce the member's earned 2,753
compensation as a teacher or any contribution required under 2,754
section 3307.51 3307.26 of the Revised Code, because of the 2,755
teacher member's absence from employment to attend any such 2,756
meeting.
The portion of the employer contribution required under 2,758
section 3307.53 3307.28 of the Revised Code that represents 2,760
earned compensation of a teacher member paid for the period of an 2,761
absence from employment to attend a board meeting, shall be
annually transferred from the expense fund and forwarded to the 2,762
employer of the teacher member. 2,763
(D) The board shall adopt rules in accordance with section 2,766
111.15 of the Revised Code establishing a policy for 2,768
reimbursement of travel expenses incurred by board members in the 2,770
performance of their official duties. As part of any audit
performed under Chapter 117. of the Revised Code, an inquiry 2,773
shall be made into whether board members have complied with these 2,774
rules.
(E) No board member shall accept payment or reimbursement 2,777
for travel expenses, other than for meals and other food and 2,778
beverages provided to the member, from any source other than the 2,779
expense fund. Except in the case of an emergency, no 2,780
out-of-state travel expenses shall be reimbursed unless approved 2,781
in advance by a majority of the board at a regular board meeting. 2,782
63
Sec. 3307.11. The state teachers retirement board shall 2,791
elect from its membership, a chairman CHAIRPERSON and a vice 2,792
chairman VICE-CHAIRPERSON. The board shall employ an executive 2,794
director who shall serve as secretary, and shall employ other 2,795
persons necessary to operate the system and to fulfill the 2,796
board's duties and responsibilities under Chapter 3307. of the 2,797
Revised Code. The compensation of all employees and all other 2,798
expenses of the board necessary for the proper operation of the 2,799
system shall be paid in such amounts as the board approves. 2,800
Every expense voucher of an employee, officer, or board 2,802
member of the state teachers retirement system shall itemize all 2,803
purchases and expenditures. 2,804
The board shall receive all applications for retirement 2,806
UNDER THE PLANS DESCRIBED IN SECTION 3307.031 OF THE REVISED 2,807
CODE, shall provide for the payment of all retirement allowances 2,808
and other benefits PAYABLE UNDER THIS CHAPTER, and shall make 2,809
other authorized by Chapter 3307. of the Revised Code THIS 2,810
CHAPTER.
Sec. 3307.121. THE TREASURER OF STATE SHALL FURNISH 2,812
ANNUALLY TO THE STATE TEACHERS RETIREMENT BOARD A SWORN STATEMENT 2,813
OF THE AMOUNT OF THE FUNDS IN THE TREASURER OF STATE'S CUSTODY 2,814
BELONGING TO THE STATE TEACHERS RETIREMENT SYSTEM. 2,815
Sec. 3307.65 3307.14. The state teachers retirement board 2,824
shall be the trustee of certain funds hereby created as follows: 2,826
(A) The "teachers' savings fund" is the fund in which 2,828
shall be accumulated the contributions deducted from the 2,829
compensation of teachers and faculty members PARTICIPATING IN THE 2,830
PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED 2,831
CODE, as provided by section 3307.51 3307.26 of the Revised Code, 2,832
together with the interest credited thereon. Such accumulated 2,834
contributions refunded upon withdrawal, or payable to an estate 2,835
or beneficiary as provided in this chapter, shall be paid from 2,836
this fund. Any accumulated contributions forfeited by the 2,837
failure of a contributor, an estate, or a beneficiary to claim 2,838
64
the same shall be transferred from this fund to the guarantee 2,839
fund. The accumulated contributions of a member or of a teacher 2,840
who qualifies for a benefit under section 3307.381 3307.35 of the 2,841
Revised Code shall be transferred at his THE MEMBER'S OR 2,843
TEACHER'S retirement from the teachers' savings fund to the 2,845
annuity and pension reserve fund. The accumulated contributions 2,846
of a member who dies prior to superannuation retirement that are 2,847
forfeited by the qualified beneficiary in exchange for monthly 2,848
survivor benefits, as provided by section 3307.49 3307.66 of the 2,849
Revised Code, shall be transferred to the survivors' benefit 2,851
fund. The accumulated contributions of a superannuate or other 2,852
system retirant as defined in section 3307.381 3307.35 of the 2,853
Revised Code shall be transferred to the survivors' benefit fund 2,855
for payment of a lump-sum benefit to a beneficiary as provided in 2,856
THAT section 3307.381 of the Revised Code. AS USED IN THIS 2,857
DIVISION, "ACCUMULATED CONTRIBUTIONS" HAS THE SAME MEANING AS IN 2,858
SECTION 3307.50 OF THE REVISED CODE.
(B) The "employers' trust fund" is the fund to which the 2,860
employer contribution MADE ON BEHALF OF A TEACHER PARTICIPATING 2,861
IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE 2,862
REVISED CODE shall be credited and in which shall be accumulated 2,864
the reserves held in trust for the payment of all pensions or 2,865
other benefits provided by sections 3307.38 3307.35, 3307.381 2,867
3307.58, 3307.39 3307.59, 3307.43 3307.60, 3307.431 3307.63, 2,868
3307.49 3307.631, 3307.50 3307.66, 3307.70 3307.6912, and 3307.78 2,871
3307.98 of the Revised Code, to teachers retiring or receiving 2,873
disability benefits in the future or to their qualified
beneficiaries, and from which the reserves for such pensions and 2,874
other benefits shall be transferred to the annuity and pension 2,875
reserve fund and to the survivors' benefit fund. The balances as 2,876
of August 31, 1957, in the employers accumulation fund shall be 2,877
transferred to this fund. As of September 1, 1957, an additional 2,878
amount shall be transferred from the employers' trust fund to the 2,879
annuity and pension reserve fund in the amount required to 2,880
65
complete the funding of the prior service, AS DEFINED IN SECTION 2,881
3307.50 OF THE REVISED CODE, and military service pensions then 2,883
payable.
(C) The "annuity and pension reserve fund" is the fund 2,885
from which shall be paid all annuities, pensions, and disability 2,886
benefits UNDER THE PLAN DESCRIBED IN SECTION 3307.50 TO 3307.79 2,887
OF THE REVISED CODE for which reserves have been transferred from 2,888
the teachers' savings fund and the employers' trust fund. 2,889
(D) The "survivors' benefit fund" is the fund from which 2,891
shall be paid the survivors' benefits provided by section 3307.49 2,892
3307.66 of the Revised Code and the lump sum payment to 2,894
beneficiaries as provided in section 3307.381 3307.35 of the 2,895
Revised Code, and to which shall be transferred from the 2,897
employers' trust fund the amount required to fund all liabilities 2,898
as of the end of each year.
(E) The "guarantee fund" is the fund from which interest 2,900
is transferred and credited on the amounts in the funds described 2,901
in divisions (A), (B), (C), and (D) of this section, and is a 2,902
contingent fund from which the special requirements of said funds 2,903
may be paid by transfer from this fund. All income derived from 2,904
the investment of funds by the state teachers retirement board as 2,905
trustee under section 3307.15 of the Revised Code, together with 2,906
all gifts and bequests, or the income therefrom, shall be paid 2,907
into this fund. 2,908
Any deficit occurring in any other fund that will not be 2,910
covered by payments to that fund, as otherwise provided in this 2,911
chapter, shall be paid by transfers of amounts from the guarantee 2,912
fund to such fund or funds. Should the amount in the guarantee 2,913
fund be insufficient at any time to meet the amounts payable 2,914
therefrom, the amount of such deficiency, with regular interest, 2,915
shall be paid by an additional employer rate of contribution as 2,916
determined by the actuary and shall be approved by the state 2,917
teachers retirement board, and the amount of such additional 2,918
employer contribution shall be credited to the guarantee fund. 2,919
66
The state teachers retirement board may accept gifts and 2,921
bequests. Any funds that may come into the possession of the 2,922
state teachers retirement board in this manner or that may be 2,923
transferred from the teachers' savings fund by reason of lack of 2,924
a claimant, or any surplus in any fund created by IN DIVISIONS 2,926
(A) TO (F) OF this section, or any other funds whose disposition 2,927
is not otherwise provided for, shall be credited to the guarantee 2,928
fund.
(F) The expense fund is the fund from which shall be paid 2,930
the expenses for the administration and management of the state 2,931
teachers retirement system as provided by this chapter. 2,932
(G) THE "DEFINED CONTRIBUTION FUND" IS THE FUND IN WHICH 2,934
SHALL BE ACCUMULATED THE CONTRIBUTIONS DEDUCTED FROM THE 2,935
COMPENSATION OF TEACHERS PARTICIPATING IN THE PLAN ESTABLISHED 2,936
UNDER SECTION 3307.81 OF THE REVISED CODE, AS PROVIDED IN SECTION 2,938
3307.26 OF THE REVISED CODE, TOGETHER WITH ANY EARNINGS AND 2,940
EMPLOYER CONTRIBUTIONS CREDITED THEREON.
Sec. 3307.66 3307.141. Wherever in sections 3307.01 to 2,949
3307.72, inclusive, of the Revised Code THIS CHAPTER, reference 2,951
is made to the teachers' savings fund, the employers' normal 2,953
accumulation fund, the employers' deficiency accumulation fund,
the annuity and pension reserve fund, the guarantee fund, the 2,954
survivors' benefit fund, or the expense fund, OR THE DEFINED 2,955
CONTRIBUTION FUND, such reference shall be construed to have been 2,956
made to each as a separate legal entity. This section does not 2,957
prevent the deposit or investment of all such moneys intermingled 2,958
for such purpose but such funds shall be separate and distinct 2,959
legal entities for all other purposes.
Sec. 3307.651 3307.142. (A) Interest compounded annually 2,969
shall be credited to the accounts of members PARTICIPATING IN THE 2,970
PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE 2,971
and to the various funds LISTED IN DIVISIONS (A) TO (F) OF 2,972
SECTION 3307.14 OF THE REVISED CODE, and shall be assumed in
determining actuarial factors, at rates recommended by the 2,974
67
actuary and approved by the STATE TEACHERS retirement board, but 2,975
not less than three and twenty-five hundredths per cent effective 2,977
September 1, 1965, except as follows:
(1) For the years stated the rates shall be as follows: 2,979
Years Rates 2,981
9-1-1920/8-31-1955 4.00% 2,982
9-1-1955/8-31-1963 3.00 2,983
9-1-1963/8-31-1965 3.25 2,984
(2) Subsequent to August 31, 1959, interest shall be 2,987
credited to accounts only at retirement. 2,989
(3) If the amount of the account at retirement is not a 2,991
factor in determining the allowance, interest shall not be 2,992
credited to such account after September 1, 1964. 2,993
(4) The actuary shall estimate the amount of interest 2,995
reserve required in the teachers savings fund for credit to 2,996
accounts when interest is to be a factor in determining the 2,997
allowance, and the balance of the interest reserve in such fund 2,998
shall be transferred to the employers trust fund as of September
1, 1965.
(B) INTEREST SHALL BE CREDITED TO THE ACCOUNTS OF MEMBERS 3,000
PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.80 TO 3,001
3307.89 OF THE REVISED CODE AND TO THE DEFINED CONTRIBUTION FUND 3,002
IN ACCORDANCE WITH THE PLAN ESTABLISHED UNDER SECTION 3307.81 OF 3,003
THE REVISED CODE.
Sec. 3307.15. (A) The members of the state teachers 3,012
retirement board shall be the trustees of the funds created by 3,013
section 3307.65 3307.14 of the Revised Code. The board shall 3,014
have full power to invest the funds. The board and other 3,016
fiduciaries shall discharge their duties with respect to the 3,017
funds solely in the interest of the participants and 3,018
beneficiaries; for the exclusive purpose of providing benefits to 3,019
participants and their beneficiaries and defraying reasonable 3,020
expenses of administering the system; with care, skill, prudence, 3,021
and diligence under the circumstances then prevailing that a 3,022
68
prudent person acting in a like capacity and familiar with these 3,023
matters would use in the conduct of an enterprise of a like 3,025
character and with like aims; and by diversifying the investments 3,026
of the system so as to minimize the risk of large losses, unless 3,027
under the circumstances it is clearly prudent not to do so. 3,028
To facilitate investment of the funds, the board may 3,030
establish a partnership, trust, limited liability company, 3,031
corporation, including a corporation exempt from taxation under 3,032
the Internal Revenue Code, 100 Stat. 2085, 26 U.S.C. 1, as 3,034
amended, or any other legal entity authorized to transact
business in this state. 3,035
(B) In exercising its fiduciary responsibility with 3,037
respect to the investment of the funds, it shall be the intent of 3,038
the board to give consideration to investments that enhance the 3,039
general welfare of the state and its citizens where the 3,040
investments offer quality, return, and safety comparable to other 3,042
investments currently available to the board. In fulfilling this 3,043
intent, equal consideration shall also be given to investments 3,044
otherwise qualifying under this section that involve minority 3,045
owned and controlled firms and firms owned and controlled by 3,046
women, either alone or in joint venture with other firms. 3,047
The board shall adopt, in regular meeting, policies, 3,049
objectives, or criteria for the operation of the investment 3,050
program that include asset allocation targets and ranges, risk 3,051
factors, asset class benchmarks, time horizons, total return 3,052
objectives, and performance evaluation guidelines. In adopting 3,054
policies and criteria for the selection of agents with whom the 3,055
board may contract for the administration of the funds, the board 3,056
shall give equal consideration to minority owned and controlled 3,057
firms, firms owned and controlled by women, and ventures 3,058
involving minority owned and controlled firms and firms owned and 3,059
controlled by women that otherwise meet the policies and criteria 3,060
established by the board. Amendments and additions to the 3,061
policies and criteria shall be adopted in regular meeting. The 3,062
69
board shall publish its policies, objectives, and criteria under 3,063
this provision no less often than annually and shall make copies 3,065
available to interested parties.
When reporting on the performance of investments, the board 3,067
shall comply with the performance presentation standards 3,068
established by the association for investment management and 3,069
research.
(C) All bonds, notes, certificates, stocks, or other 3,072
evidences of investments purchased by the board shall be 3,074
delivered to the treasurer of state, who is hereby designated as 3,075
custodian thereof, or to the treasurer of state's authorized 3,076
agent, and the treasurer of state or the agent shall collect the 3,078
principal, interest, dividends, and distributions that become due 3,081
and payable and place them when so collected into the custodial 3,082
funds. Evidences of title of the investments may be deposited by 3,084
the treasurer of state for safekeeping with an authorized agent, 3,085
selected by the treasurer of state, who is a qualified trustee 3,086
under section 135.18 of the Revised Code. The treasurer of state 3,087
shall pay for the investments purchased by the retirement board 3,090
on receipt of written or electronic instructions from the board 3,092
or the board's designated agent authorizing the purchase and 3,094
pending receipt of the evidence of title of the investment by the
treasurer of state or the treasurer of state's authorized agent. 3,095
The board may sell investments held by the board, and the 3,096
treasurer of state or the treasurer of state's authorized agent 3,097
shall accept payment from the purchaser and deliver evidence of 3,098
title of the investment to the purchaser on receipt of written or 3,099
electronic instructions from the board or the board's designated
agent authorizing the sale, and pending receipt of the moneys for 3,102
the investments. The amount received shall be placed into the 3,104
custodial funds. The board and the treasurer of state may enter 3,105
into agreements to establish procedures for the purchase and sale 3,106
of investments under this division and the custody of the
investments. 3,107
70
(D) No purchase or sale of any investment shall be made 3,110
under this section except as authorized by the state teachers
retirement board. 3,111
(E) Any statement of financial position distributed by the 3,113
board shall include the fair value, as of the statement date, of 3,116
all investments held by the board under this section.
Sec. 3307.111 3307.151. The state teachers retirement 3,125
system shall make no investments through, purchases from, or 3,128
otherwise do any business with any individual who is, or any 3,129
partnership, association, or corporation that is owned or
controlled by, a person, who within the preceding three years was 3,130
employed by, an officer, or a board member of the system or in 3,131
which a person, who within the preceding three years was employed 3,132
by, a board member of, or an officer of the system holds a 3,133
fiduciary, administrative, supervisory or trust position, or any 3,134
other position in which such person would be involved, on behalf
of his THE PERSON'S employer, in decisions or recommendations 3,136
affecting the investment policy of the state teachers retirement 3,137
system, and in which such person would benefit by any monetary 3,139
gain.
Sec. 3307.14 3307.181. (A) Except as provided in division 3,148
(B) of this section, a fiduciary shall not cause the state 3,150
teachers retirement system to engage in a transaction, if he THE 3,151
FIDUCIARY knows or should know that such transaction constitutes 3,153
a direct or indirect: 3,154
(1) Sale or exchange, or leasing, of any property between 3,156
the system and a party in interest; 3,157
(2) Lending of money or other extension of credit between 3,159
the system and a party in interest; 3,160
(3) Furnishing of goods, services, or facilities between 3,162
the system and a party in interest; 3,163
(4) Transfer to, or use by or for the benefit of a party 3,165
in interest, of any assets of the system; or 3,166
(5) Acquisition, on behalf of the system, of any employer 3,168
71
security or employer real property. 3,169
(B) Nothing in this section shall prohibit any transaction 3,171
between the state teachers retirement system and any fiduciary or 3,172
party in interest if: 3,173
(1) All the terms and conditions of the transaction are 3,175
comparable to the terms and conditions which might reasonably be 3,176
expected in a similar transaction between similar parties who are 3,177
not parties in interest; and 3,178
(2) The transaction is consistent with the fiduciary 3,180
duties described in Chapter 3307. of the Revised Code. 3,181
(C) A fiduciary shall not: 3,183
(1) Deal with the assets of the system in his THE 3,185
FIDUCIARY'S own interest or for his THE FIDUCIARY'S own account; 3,187
(2) In his THE FIDUCIARY'S individual or in any other 3,189
capacity act in any transaction involving the system on behalf of 3,191
a party (or represent a party) whose interests are adverse to the 3,192
interests of the system or the interests of its participants or 3,193
beneficiaries; or 3,194
(3) Receive any consideration for his THE FIDUCIARY'S own 3,196
personal account from any party dealing with such system in 3,198
connection with a transaction involving the assets of the system. 3,199
(D) In addition to any liability which he THE FIDUCIARY 3,201
may have under any other provision, a fiduciary with respect to 3,203
the system shall be liable for a breach of fiduciary 3,204
responsibility of any fiduciary with respect to the system in the 3,205
following circumstances: 3,206
(1) If he THE FIDUCIARY participates knowingly in, or 3,208
knowingly undertakes to conceal, an act or omission of such other 3,209
fiduciary, knowing such act or omission is a breach; 3,210
(2) If, by his THE FIDUCIARY'S failure to comply with 3,212
Chapter 3307. of the Revised Code, he THE FIDUCIARY has enabled 3,214
such other fiduciary to commit a breach; or 3,216
(3) If he THE FIDUCIARY has knowledge of a breach by such 3,218
other fiduciary, unless he THE FIDUCIARY makes reasonable efforts 3,219
72
under the circumstances to remedy the breach. 3,221
(E) Every fiduciary of the system shall be bonded or 3,223
insured to an amount of not less than one million dollars for 3,224
loss by reason of acts of fraud or dishonesty. 3,225
Sec. 3307.19. The state teachers retirement board shall 3,234
provide for the maintenance of an individual account with FOR 3,235
each contributor MEMBER showing the amount of his THE MEMBER'S 3,238
contributions and the interest ANY accumulations thereon. It 3,240
shall collect and keep in convenient form such data as is 3,242
necessary for the preparation of the required mortality and 3,243
service tables, and for the compilation of such other information 3,244
as is required for the actuarial valuation of the assets and 3,245
liabilities of the various funds created by section 3307.65 of 3,246
the Revised Code. Upon the basis of the mortality and service 3,247
experience of the members, retirants, and beneficiaries of the 3,248
state teachers retirement system, and other system retirants 3,249
contributing in accordance with section 3307.381 of the Revised 3,250
Code, the board shall adopt the tables to be used for valuation 3,251
purposes and for determining the amount of annuities to be 3,252
allowed on the basis of the contributions. 3,253
Sec. 3307.21 3307.20. (A) The treasurer of state shall 3,262
furnish annually to the state teachers retirement board a sworn 3,264
statement of the amount of the funds in the treasurer's custody 3,265
belonging to the state teachers retirement system. 3,266
(B)(1) As used in this division, "personal SECTION: 3,268
(1) "PERSONAL history record" means information maintained 3,271
by the STATE TEACHERS RETIREMENT board on a member, former 3,272
member, contributor, former contributor, retirant, or beneficiary 3,273
that includes the address, telephone number, social security 3,274
number, record of contributions, correspondence with the STATE 3,275
TEACHERS RETIREMENT system, or other information the board 3,277
determines to be confidential.
(2) "RETIRANT" HAS THE SAME MEANING AS IN SECTION 3307.50 3,279
OF THE REVISED CODE.
73
(B) The records of the board shall be open to public 3,281
inspection, except for the following, which shall be excluded, 3,282
except with the written authorization of the individual 3,283
concerned: 3,284
(a)(1) The individual's personal records provided for in 3,286
section 3307.29 3307.23 of the Revised Code; 3,287
(b)(2) The individual's personal history record; 3,289
(c)(3) Any information identifying, by name and address, 3,291
the amount of a monthly allowance or benefit paid to the 3,292
individual.
(C) All medical reports and recommendations under sections 3,294
3307.42 3307.62, 3307.44 3307.64, and 3307.49 3307.66 of the 3,296
Revised Code are privileged, except that copies of such medical 3,297
reports or recommendations shall be made available to the 3,298
personal physician, attorney, or authorized agent of the 3,299
individual concerned upon written release received from the 3,300
individual or the individual's agent, or, when necessary for the 3,301
proper administration of the fund, to the board assigned 3,302
physician.
(D) Any person who is a member or contributor of the 3,304
system shall be furnished, on written request, with a statement 3,306
of the amount to the credit of the person's account. The board 3,307
need not answer more than one request of a person in any one 3,308
year.
(E) Notwithstanding the exceptions to public inspection in 3,310
division (B)(2) of this section, the board may furnish the 3,311
following information: 3,312
(1) If a member, former member, retirant, contributor, or 3,314
former contributor is subject to an order issued under section 3,315
2907.15 of the Revised Code or is convicted of or pleads guilty 3,316
to a violation of section 2921.41 of the Revised Code, on written 3,317
request of a prosecutor as defined in section 2935.01 of the 3,318
Revised Code, the board shall furnish to the prosecutor the 3,319
information requested from the individual's personal history 3,320
74
record. 3,321
(2) Pursuant to a court or administrative order issued 3,323
under section 3111.23 or 3113.21 of the Revised Code, the board 3,324
shall furnish to a court or child support enforcement agency the 3,325
information required under that section. 3,326
(3) At the written request of any person, the board shall 3,328
provide to the person a list of the names and addresses of 3,329
members, former members, retirants, contributors, former 3,330
contributors, or beneficiaries. The costs of compiling, copying, 3,331
and mailing the list shall be paid by such person. 3,332
(4) Within fourteen days after receiving from the director 3,334
of human services a list of the names and social security numbers 3,335
of recipients of public assistance pursuant to section 5101.181 3,336
of the Revised Code, the board shall inform the auditor of state 3,337
of the name, current or most recent employer address, and social 3,338
security number of each member whose name and social security 3,339
number are the same as that of a person whose name or social 3,340
security number was submitted by the director. The board and its 3,341
employees shall, except for purposes of furnishing the auditor of 3,342
state with information required by this section, preserve the 3,343
confidentiality of recipients of public assistance in compliance 3,344
with division (A) of section 5101.181 of the Revised Code. 3,345
(F) A statement that contains information obtained from 3,347
the system's records that is signed by an officer of the 3,348
retirement system and to which the system's official seal is 3,349
affixed, or copies of the system's records to which the signature 3,350
and seal are attached, shall be received as true copies of the 3,351
system's records in any court or before any officer of this 3,352
state. 3,353
Sec. 3307.58 3307.21. Each employer, before employing any 3,362
teacher to whom sections 3307.01 to 3307.72, inclusive, of the 3,364
Revised Code, THIS CHAPTER applies, shall notify such person of 3,366
his THE PERSON'S duties and obligations under such sections as a 3,367
condition of his THE PERSON'S employment. 3,368
75
Any such appointment or reappointment of any teacher in the 3,370
public day schools of the state, or service upon indefinite 3,371
tenure, shall be conditioned upon the teacher's acceptance of 3,372
such sections THIS CHAPTER, as a part of the contract. 3,373
Sec. 3307.59 3307.211. During September of each year, or 3,382
at such other time as the state teachers retirement board 3,384
approves, each employer shall certify to the board the names of 3,385
all teachers to whom sections 3307.01 to 3307.72, inclusive, of 3,386
the Revised Code, apply THIS CHAPTER APPLIES.
Sec. 3307.60 3307.212. Each employer shall on the first 3,395
day of each calendar month, or at such less frequent intervals as 3,397
the state teachers retirement board approves, notify the board of 3,398
the employment of new teachers, removals, withdrawals, and 3,399
changes in compensation of teachers that have occurred during the 3,400
month preceding or the period since the period covered by the
last notification. 3,401
NOT LATER THAN TEN DAYS AFTER THE DATE OF HIRE, EACH 3,403
EMPLOYER SHALL NOTIFY THE BOARD OF THE EMPLOYMENT OF A NEW 3,404
TEACHER. NOTICE SHALL BE ON A FORM PROVIDED BY THE BOARD. 3,405
Sec. 3307.63 3307.213. Each employer shall keep such 3,414
records and shall furnish such information and assistance to the 3,416
state teachers retirement board as it requires in the discharge 3,417
of its duties.
Sec. 3307.29 3307.23. Each teacher, upon becoming 3,426
employed, shall file a detailed statement of all his THE 3,428
TEACHER'S previous service as a teacher and of such other service 3,429
as comes under this chapter, and shall furnish such other facts 3,430
as the state teachers retirement board requires for the proper 3,431
operation of the state teachers retirement system. If a teacher 3,432
fails to file the required membership record within ninety days 3,433
after becoming employed, the secretary shall so advise his THE 3,434
TEACHER'S employer who shall thereafter withhold all salary 3,435
payments to such teacher until such record is filed with the 3,436
state teachers retirement board. 3,437
76
Sec. 3307.30 3307.231. To the extent to which it is used 3,446
in determining the liability of any fund created by section 3,448
3307.65 3307.14 of the Revised Code, the state teachers 3,449
retirement board shall verify the statement provided for in 3,450
section 3307.29 3307.23 of the Revised Code by the best evidence 3,452
it is able to obtain. If official records are not available as 3,453
to the length of service, compensation, or other information 3,454
required, the board may use its discretion as to the evidence to
be accepted. 3,455
Sec. 3307.27 3307.24. The state teachers retirement board 3,464
may deny the right to contribute or the right to become members 3,466
to any class of teachers whose compensation is partly paid by the 3,467
state, who are not serving on a per annum basis, who are on a 3,468
temporary basis, or who are not required to have an educator 3,469
license, and it may also make optional with teachers in any such
class their right to contribute, or their right to individual 3,470
entrance into membership. 3,471
The state teachers retirement board may at any time deny 3,473
the right to contribute or the right to membership to any teacher 3,474
whose compensation, though disbursed by an employer, is 3,475
reimbursed to the employer, in whole or in part, from other than 3,476
public funds.
Sec. 3307.26 3307.241. Members of a local district pension 3,485
system maintained under the laws of the state from appropriations 3,487
or contributions made wholly or in part by any employer and 3,488
existing on August 8, 1919, are hereby excluded from membership 3,489
in the state teachers retirement system.
If a majority of all the teachers participating in any such 3,491
local district pension system apply for membership in the state 3,492
teachers retirement system by a petition duly signed and 3,493
verified, approved by their employer, and filed with the state 3,494
teachers retirement board, all the teachers included in the
membership of such local district pension system shall become 3,495
members of the state teachers retirement system at such time 3,496
77
within three months after the filing of such petition and the 3,497
compliance with sections 3307.01 to 3307.72, inclusive, of the 3,499
Revised Code THIS CHAPTER, relative to the dissolution and 3,500
discontinuance of such local district pension system as the board 3,501
designates.
Sec. 3307.25. (A) A MEMBER WHOSE EMPLOYMENT AS A TEACHER 3,503
BEGINS ON OR AFTER THE DATE ON WHICH THE STATE TEACHERS 3,504
RETIREMENT BOARD ESTABLISHES A PLAN UNDER SECTION 3307.81 OF THE 3,506
REVISED CODE SHALL MAKE AN ELECTION UNDER THIS SECTION. NOT 3,507
LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE DATE ON WHICH
EMPLOYMENT BEGINS, THE MEMBER SHALL ELECT TO PARTICIPATE EITHER 3,508
IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE 3,509
REVISED CODE OR THE PLAN ESTABLISHED UNDER SECTION 3307.81 OF THE 3,511
REVISED CODE. IF A FORM EVIDENCING AN ELECTION UNDER THIS 3,513
SECTION IS NOT ON FILE WITH THE EMPLOYER AT THE END OF THE
ONE-HUNDRED-EIGHTY-DAY PERIOD, THE MEMBER IS DEEMED TO HAVE 3,515
ELECTED TO PARTICIPATE IN THE PLAN DESCRIBED IN SECTIONS 3307.50 3,517
TO 3307.79 OF THE REVISED CODE. 3,518
(B) AN ELECTION UNDER THIS SECTION SHALL BE MADE IN 3,520
WRITING ON A FORM PROVIDED BY THE STATE TEACHERS RETIREMENT 3,521
SYSTEM AND FILED WITH THE EMPLOYER'S PERSONNEL OFFICER. PRIOR TO 3,522
ACCEPTING AN ELECTION UNDER THIS SECTION, THE EMPLOYER SHALL 3,523
INFORM THE MEMBER OF THE PROVISIONS OF SECTIONS 3307.88 AND 3,525
3307.881 OF THE REVISED CODE. NOT LATER THAN TEN DAYS AFTER 3,527
RECEIVING THE FORM EVIDENCING THE ELECTION, THE EMPLOYER SHALL
TRANSMIT TO THE SYSTEM A COPY THAT INCLUDES A STATEMENT 3,528
CERTIFYING THAT IT IS A TRUE AND ACCURATE COPY OF THE ORIGINAL. 3,529
(C) AN ELECTION UNDER THIS SECTION SHALL TAKE EFFECT ON 3,531
THE DATE EMPLOYMENT BEGAN AND, EXCEPT AS PROVIDED IN SECTION 3,532
3307.88 OF THE REVISED CODE, IS IRREVOCABLE ON RECEIPT BY THE 3,533
EMPLOYER. 3,534
(D) A MEMBER IS INELIGIBLE TO MAKE AN ELECTION UNDER THIS 3,536
SECTION IF ONE OF THE FOLLOWING APPLIES: 3,537
(1) AT THE TIME EMPLOYMENT BEGINS, THE MEMBER IS ALREADY A 3,539
78
MEMBER OR CONTRIBUTOR PARTICIPATING IN THE PLAN DESCRIBED IN 3,540
SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE OR A SUPERANNUATE 3,541
OF THE SYSTEM; 3,543
(2) AN ELECTION TO PARTICIPATE IN AN ALTERNATIVE 3,545
RETIREMENT PLAN UNDER SECTION 3305.05 OF THE REVISED CODE IS IN 3,546
EFFECT FOR EMPLOYMENT COVERED BY THE SYSTEM. 3,547
Sec. 3307.251. AS USED IN THIS SECTION, "ACCUMULATED 3,549
CONTRIBUTIONS" AND "TOTAL SERVICE CREDIT" HAVE THE SAME MEANINGS 3,550
AS IN SECTION 3307.50 OF THE REVISED CODE. 3,551
(A) A MEMBER OF THE STATE TEACHERS RETIREMENT SYSTEM WHO, 3,553
AS OF THE THIRTIETH DAY OF JUNE IMMEDIATELY PRECEDING THE DATE ON 3,555
WHICH THE SYSTEM ESTABLISHES A PLAN UNDER SECTION 3307.81 OF THE 3,557
REVISED CODE, HAS LESS THAN FIVE YEARS OF TOTAL SERVICE CREDIT IS 3,558
ELIGIBLE TO MAKE AN ELECTION UNDER THIS SECTION.
NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE DAY THE 3,560
BOARD FIRST ESTABLISHES A PLAN UNDER SECTION 3307.81 OF THE 3,562
REVISED CODE, AN ELIGIBLE MEMBER MAY ELECT TO PARTICIPATE IN THE 3,564
PLAN. IF AN ELECTION IS NOT MADE, A MEMBER TO WHOM THIS SECTION
APPLIES IS DEEMED TO HAVE ELECTED TO CONTINUE PARTICIPATING IN 3,565
THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED 3,566
CODE. 3,567
(B) AN ELECTION UNDER THIS SECTION SHALL BE MADE IN 3,569
WRITING ON A FORM PROVIDED BY THE SYSTEM AND FILED WITH THE 3,570
SYSTEM. PRIOR TO ACCEPTING AN ELECTION UNDER THIS SECTION, THE 3,571
SYSTEM SHALL INFORM THE MEMBER OF THE PROVISIONS OF SECTIONS 3,573
3307.88 AND 3307.881 OF THE REVISED CODE.
(C) ON RECEIPT OF AN ELECTION UNDER THIS SECTION, THE 3,575
SYSTEM SHALL DO BOTH OF THE FOLLOWING: 3,576
(1) CREDIT TO THE ACCOUNT OF THE MEMBER IN THE DEFINED 3,578
CONTRIBUTION FUND THE ACCUMULATED CONTRIBUTIONS STANDING TO THE 3,579
MEMBER'S CREDIT IN THE TEACHERS' SAVINGS FUND, PLUS AN AMOUNT 3,580
CALCULATED UNDER SECTION 3307.563 OF THE REVISED CODE; 3,581
(2) CANCEL ALL SERVICE CREDIT AND ELIGIBILITY FOR ANY 3,583
PAYMENT, BENEFIT, OR RIGHT UNDER THE PLAN DESCRIBED IN SECTIONS 3,584
79
3307.50 TO 3307.79 OF THE REVISED CODE. 3,585
(D) EXCEPT AS PROVIDED IN SECTION 3307.88 OF THE REVISED 3,588
CODE, AN ELECTION UNDER THIS SECTION SHALL BE IRREVOCABLE ON 3,589
RECEIPT BY THE SYSTEM. 3,590
Sec. 3307.252. A MEMBER OF THE STATE TEACHERS RETIREMENT 3,592
SYSTEM WHO ELECTS TO PARTICIPATE IN THE PLAN ESTABLISHED UNDER 3,593
SECTION 3307.81 OF THE REVISED CODE SHALL BE INELIGIBLE FOR ANY 3,595
BENEFIT OR PAYMENT UNDER SECTIONS 3307.50 TO 3307.79 OF THE 3,596
REVISED CODE AND, EXCEPT AS PROVIDED IN SECTION 3307.88 OF THE 3,598
REVISED CODE, SHALL BE FOREVER BARRED FROM CLAIMING OR PURCHASING 3,600
SERVICE CREDIT WITH THE SYSTEM OR ANY OTHER OHIO STATE RETIREMENT 3,601
SYSTEM, AS DEFINED IN SECTION 3307.741 OF THE REVISED CODE, FOR 3,602
SERVICE COVERED BY THE ELECTION. 3,603
Sec. 3307.51 3307.26. Each teacher shall contribute eight 3,612
per cent of his THE TEACHER'S earned compensation to the 3,614
teachers' savings fund, except that the state teachers retirement 3,616
board may raise the contribution rate to the fund to a rate not 3,617
greater than ten per cent of the teacher's earned compensation. 3,618
Such FOR TEACHERS PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3,619
3307.50 TO 3307.79 OF THE REVISED CODE, CONTRIBUTIONS SHALL BE 3,621
DEPOSITED IN THE TEACHERS' SAVINGS FUND. FOR TEACHERS 3,622
PARTICIPATING IN THE PLAN ESTABLISHED UNDER SECTION 3307.81 OF 3,623
THE REVISED CODE, CONTRIBUTIONS SHALL BE DEPOSITED IN THE DEFINED 3,625
CONTRIBUTION FUND.
THE contribution shall be deducted by the employer on each 3,629
payroll in an amount equal to the applicable per cent of such THE 3,630
contributors' paid compensation for such payroll period or other 3,631
period as the state teachers retirement board may approve, 3,632
provided all contributions on earned compensation are remitted to 3,633
the state teachers retirement system by the thirtieth day of June 3,634
of each year. Each school district shall encumber sufficient 3,635
moneys by the thirtieth day of June of each year to account for 3,636
the difference, if any, that may exist between contributions that 3,637
would be withheld based upon compensation earned by a teacher 3,638
80
during the year ending the thirtieth day of June and the 3,639
contributions withheld based upon compensation paid to the 3,640
teacher for the year. Deductions from payroll for contributions 3,641
under this section, on an annual basis, shall not exceed eight 3,642
per cent or other percentage established by the state teachers 3,643
retirement board authorized by this section. 3,644
At retirement UNDER THE PLAN DESCRIBED IN SECTIONS 3307.50 3,646
TO 3307.79 OF THE REVISED CODE, or upon a member's death prior to 3,647
retirement UNDER THAT PLAN, if contributions have been made after 3,648
September 1, 1959, in excess of the contributions normally 3,650
required to provide the retirement or survivor benefit, such THE 3,651
excess contributions may be refunded to the member, to his THE 3,653
MEMBER'S beneficiary, or to his THE MEMBER'S estate in a lump 3,655
sum, or may be used to provide additional income.
The board may determine with regard to any member 3,657
PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3,658
3307.79 OF THE REVISED CODE whether the limits established by 3,659
division (B)(3)(C) of section 3307.38 3307.58 OF THE REVISED CODE 3,660
have resulted in exclusion from use in the calculation of 3,662
benefits under section 3307.38 3307.58, 3307.39 3307.59, or 3,664
3307.50 3307.60 of the Revised Code of any compensation on which 3,665
contributions have been made under this section. The board may 3,666
adopt rules in accordance with section 111.15 of the Revised Code 3,667
providing for the disposition of contributions attributable to 3,668
such compensation and may dispose of the contributions in 3,669
accordance with those rules. Any disposition of contributions 3,670
made by the board in accordance with the rules shall be final. 3,671
The deductions UNDER THIS SECTION shall be made even though 3,673
the minimum compensation provided by law for any teacher shall be 3,674
reduced thereby. Every teacher shall be deemed to consent to the 3,675
deductions made and shall receipt in full for his THE TEACHER'S 3,676
salary or compensation, and payment less the deductions shall be 3,678
a complete discharge and acquittance of all claims and demands 3,679
for the services rendered by the person during the period covered 3,680
81
by the payment. 3,681
Additional deposits may be made to a member's account IN 3,683
THE TEACHERS' SAVINGS FUND OR DEFINED CONTRIBUTION FUND, subject 3,685
to rules of the board. At retirement, the amount deposited with 3,686
interest may be used to provide additional annuity income. The 3,687
additional deposits may be refunded to the member before 3,688
retirement, and shall be refunded if the member withdraws his THE 3,689
MEMBER'S refundable account. The deposits may be refunded to the 3,690
beneficiary or estate if the member dies before retirement. 3,691
Sec. 3307.511 3307.261. Except as otherwise provided in 3,700
section 124.385 of the Revised Code, any teacher who is granted 3,702
disability leave pursuant to a program sponsored by his THE 3,703
TEACHER'S employer, whereby the teacher receives a percentage of 3,704
his THE TEACHER'S salary while on disability leave, shall not be 3,705
required to make contributions for time off while on disability 3,706
leave.
Except as otherwise provided in section 124.385 of the 3,708
Revised Code, each employer described in division (A) of section 3,709
3307.01 of the Revised Code who sponsors a disability leave 3,710
program shall make the periodic employee and employer 3,711
contributions, in the amounts set pursuant to sections 3307.51
3307.26 and 3307.53 3307.28 of the Revised Code, for teachers 3,713
granted disability leave, based on the teacher's rate of pay in 3,715
effect at the time disability leave was granted.
Sec. 3307.27. THE CONTRIBUTIONS REQUIRED UNDER SECTION 3,717
3307.26 OF THE REVISED CODE MAY BE PAID BY THE EMPLOYER IN 3,718
ACCORDANCE WITH DIVISION (h) OF SECTION 414 OF THE "INTERNAL 3,721
REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 414(h), AS 3,724
AMENDED.
Sec. 3307.53 3307.28. Each employer shall pay annually to 3,733
the employers' trust fund STATE TEACHERS RETIREMENT SYSTEM an 3,734
amount certified by the secretary which shall be a certain per 3,736
cent of the earnable compensation of all members, and which shall 3,737
be known as the "employer contribution." The FOR MEMBERS 3,738
82
PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3,739
3307.79 OF THE REVISED CODE, THE EMPLOYER CONTRIBUTION SHALL BE 3,741
DEPOSITED INTO THE EMPLOYERS' TRUST FUND. FOR MEMBERS
PARTICIPATING IN THE PLAN ESTABLISHED UNDER SECTION 3307.81 OF 3,743
THE REVISED CODE, THE EMPLOYER CONTRIBUTION SHALL BE DEPOSITED 3,744
INTO THE DEFINED CONTRIBUTION FUND IN ACCORDANCE WITH THE BENEFIT 3,745
OPTION SELECTED BY THE MEMBER UNDER SECTION 3307.82 OF THE 3,747
REVISED CODE, LESS THE AMOUNT TRANSFERRED UNDER SECTION 3307.84 3,748
OF THE REVISED CODE. 3,749
THE rate per cent of such THE contribution shall be fixed 3,752
by the actuary on the basis of his THE ACTUARY'S evaluation of 3,753
the liabilities of the state teachers retirement system, not to 3,755
exceed fourteen per cent, and shall be approved by the state 3,756
teachers retirement board. The state teachers retirement board 3,757
may raise the rate per cent of the contribution to fourteen per 3,758
cent of the earnable compensation of all members. In making such 3,759
evaluation, the actuary shall use, as the actuarial assumptions, 3,760
such interest rates and mortality and other tables as are adopted 3,761
by the state teachers retirement board. He THE ACTUARY shall 3,762
compute the percentage of such earnable compensation, to be known 3,764
as the "employer rate," required annually to fund the liability 3,765
for all benefits provided by this chapter UNDER SECTIONS 3307.50 3,766
TO 3307.79 OF THE REVISED CODE, after deducting therefrom the 3,767
annuity and other benefits provided by the member's accumulated 3,768
contributions, AS DEFINED IN SECTION 3307.50 OF THE REVISED CODE, 3,769
deposits, and other appropriations, and to fund any deficiencies 3,770
in the various funds described in DIVISIONS (A) TO (F) OF section 3,772
3307.65 3307.14 of the Revised Code. 3,773
Sec. 3307.61 3307.29. Each employer shall cause to be 3,782
deducted, on each payroll of a contributor for each payroll 3,784
period, the contribution payable by such contributor as provided 3,785
in sections 3307.01 to 3307.72, inclusive, of the Revised Code 3,786
THIS CHAPTER. Each employer shall certify to the treasurer of 3,787
said employer on each payroll a statement as voucher for the 3,788
83
amounts so deducted and for the amount of the normal contribution 3,789
and the deficiency contribution payable by the employer. Each 3,790
employer shall send a duplicate of such statement to the
secretary of the state teachers retirement board. 3,791
Sec. 3307.62 3307.291. The treasurer of each employer, on 3,801
receipt from the employer of the voucher for deductions from the 3,802
compensation of teachers and for the contributions of the 3,803
employer, shall transmit monthly or at such times as the state 3,805
teachers retirement board designates the amounts specified in
such voucher to the secretary of the board. The secretary of the 3,806
board, after making a record of all such receipts, shall pay them 3,808
to the treasurer of state for use according to sections 3307.01 3,810
to 3307.72 of the Revised Code THIS CHAPTER. 3,811
Sec. 3307.64 3307.30. Employers who obtain funds directly 3,820
by taxation shall levy annually such additional taxes as are 3,822
required to provide the additional funds necessary to meet the 3,823
financial requirements imposed upon them by sections 3307.01 to 3,824
3307.72, inclusive, of the Revised Code THIS CHAPTER, and said 3,825
tax shall be placed before and in preference to all other items 3,826
except for sinking fund or interest purposes. 3,827
Sec. 3307.56 3307.31. Payments by boards of education to 3,836
the employers' trust fund of the state teachers retirement 3,837
system, as provided in sections 3307.61 3307.29 and 3307.62 3,838
3307.291 of the Revised Code, shall be made from the amount 3,840
allocated under Chapter 3317. of the Revised Code prior to its 3,841
distribution to the individual school districts. The amount due 3,842
from each school district shall be certified by the secretary of 3,843
the system to the superintendent of public instruction monthly, 3,844
or at such times as may be determined by the state teachers 3,845
retirement board.
The superintendent shall deduct, from the amount allocated 3,847
to each district under Chapter 3317. of the Revised Code, the 3,848
entire amounts due to the system from such district upon the 3,849
certification to him THE SUPERINTENDENT by the secretary thereof. 3,851
84
The superintendent shall certify to the director of budget 3,853
and management the amounts thus due the system for payment. 3,854
Sec. 3307.75 3307.32. All amounts due the state teachers 3,863
retirement system from the state treasury pursuant to this 3,865
chapter shall be promptly paid upon warrant of the auditor of 3,866
state pursuant to a voucher approved by the director of budget
and management. 3,867
Sec. 3307.33. MEMBERSHIP IN THE STATE TEACHERS RETIREMENT 3,869
SYSTEM SHALL CEASE ON OCCURRENCE OF ANY OF THE FOLLOWING: 3,870
RECEIPT OF PAYMENT PURSUANT TO SECTION 3307.56 OF THE REVISED 3,871
CODE OR UNDER A PLAN ESTABLISHED UNDER SECTION 3307.81 OF THE 3,873
REVISED CODE; RETIREMENT AS PROVIDED IN SECTIONS 3307.58 AND 3,874
3307.59 OF THE REVISED CODE OR UNDER A PLAN ESTABLISHED UNDER 3,876
SECTION 3307.81 OF THE REVISED CODE; DEATH; OR DENIAL OF 3,877
MEMBERSHIP PURSUANT TO SECTION 3307.24 OF THE REVISED CODE. 3,878
Sec. 3307.381 3307.35. (A) As used in this section: 3,887
(1) "Superannuate" means a former teacher receiving a 3,889
service retirement allowance under section 3307.38 or 3307.39 of 3,890
the Revised Code from the state teachers retirement system or a 3,891
combined service retirement benefit paid in accordance with 3,892
section 3307.41 of the Revised Code, regardless of which 3,893
retirement system is paying the benefit. 3,894
(2), "Other OTHER system retirant" means a member or former 3,897
member of the public employees retirement system, Ohio police and 3,899
fire pension fund, school employees retirement system, state 3,901
highway patrol retirement system, or Cincinnati retirement system 3,902
who is receiving age and service or commuted age and service 3,903
retirement, or a disability benefit from a system of which the 3,904
retirant is a member or former member.
(B) A superannuate may be employed for temporary service 3,906
as a teacher, provided: 3,907
(1) At least two months have elapsed since the effective 3,909
date of the superannuate's retirement UNDER THIS CHAPTER. 3,910
(2) Such employment does not exceed eighty-five school 3,912
85
days, or the equivalent thereof in fractional service, during any 3,913
school year. 3,914
(C) A superannuate may be employed as a full-time teacher, 3,916
provided: 3,917
(1) The superannuate has received a retirement AN 3,919
allowance OR BENEFIT from the state teachers retirement system 3,922
UNDER THIS CHAPTER for at least eighteen months. 3,923
(2) The employer requests the retirement board of the 3,925
state teachers retirement system to authorize such employment. 3,926
(D) An other system retirant may be employed as a teacher, 3,928
provided at least two months have elapsed since the effective 3,929
date of the retirant's retirement or receipt of a disability 3,930
benefit. 3,931
(E) If a superannuate or other system retirant is employed 3,933
in accordance with division (B), (C), or (D) of this section, the 3,935
superannuate or retirant shall contribute to the state teachers
retirement system in accordance with section 3307.51 3307.26 of 3,937
the Revised Code and the employer shall contribute in accordance 3,939
with sections 3307.53 3307.28 and 3307.56 3307.31 of the Revised 3,941
Code. Such contributions shall be received as specified in 3,943
section 3307.65 3307.14 of the Revised Code. A superannuate or 3,945
other system retirant employed as a teacher is not a member of 3,946
the state teachers retirement system, does not have any of the 3,947
rights, privileges, or obligations of membership, except as 3,948
provided in this section, and is not eligible to receive health, 3,949
medical, hospital, or surgical benefits under section 3307.74 3,950
3307.39 of the Revised Code for employment subject to this 3,952
section.
(F) The employer that employs a superannuate or other 3,954
system retirant shall notify the state teachers retirement board 3,955
of the employment not later than the end of the month in which 3,956
the employment commences. Any overpayment of benefits to a 3,957
superannuate by the retirement system resulting from an 3,958
employer's failure to give timely notice may be charged to the 3,959
86
employer and may be certified and deducted as provided in section 3,960
3307.56 3307.31 of the Revised Code. 3,961
(G) On receipt of notice from an employer that a person 3,963
who is an other system retirant has been employed, the state 3,964
teachers retirement system shall notify the state retirement 3,965
system of which the other system retirant was a member of such 3,966
employment. 3,967
(H) A superannuate or other system retirant who has 3,969
received a retirement AN allowance or disability benefit for less 3,972
than the applicable period under division (B), (C), or (D) of 3,973
this section when employment as a teacher commences shall forfeit 3,975
the retirement allowance or disability benefit for any month the 3,977
superannuate or retirant is employed prior to the expiration of 3,978
such period. Contributions shall be made to the retirement 3,979
system from the first day of such employment, but service and 3,980
contributions for that period shall not be used in the 3,981
calculation of any benefit payable to the superannuate or other 3,982
system retirant, and those contributions shall be refunded on the 3,983
superannuate's or retirant's death or termination of the 3,985
employment. Contributions made on compensation earned after the 3,986
expiration of such period shall be used in calculation of the
benefit or payment due under this section. 3,987
(I) On receipt of notice from the Ohio police and fire 3,990
pension fund, public employees retirement system, or school 3,992
employees retirement system of the re-employment of a
superannuate, the state teachers retirement system shall not pay, 3,993
or if paid shall recover, the amount to be forfeited by the 3,994
superannuate in accordance with section 145.38, 742.26, or 3,995
3309.341 of the Revised Code. 3,996
(J)(1) On termination of employment under this section, a 3,998
superannuate or other system retirant may file an application 3,999
with the state teachers retirement system for a benefit under 4,000
this division, which shall consist of a single life annuity 4,001
having a reserve equal to the amount of the superannuate's or 4,002
87
retirant's accumulated contributions, AS DEFINED IN SECTION 4,004
3307.50 OF THE REVISED CODE, for the period of employment and an 4,005
equal amount from the employers' trust created by section 3307.65 4,006
3307.14 of the Revised Code, plus interest credited to the date 4,008
of retirement at the then current actuarial rate of interest. 4,009
The superannuate or other system retirant shall elect either to 4,010
receive the benefit as a monthly annuity for life or a lump-sum 4,011
payment discounted to the present value using the current 4,012
actuarial assumption rate of interest, except that if the monthly 4,013
annuity would be less than twenty-five dollars per month the 4,015
superannuate or retirant shall receive a lump-sum payment. 4,017
(2) A benefit payable under this division shall commence 4,019
on the latest of the following: 4,020
(a) The last day for which compensation for employment as 4,022
a teacher was paid; 4,023
(b) Attainment by the superannuate or other system 4,025
retirant of age sixty-five; 4,026
(c) If the superannuate or other system retirant was 4,028
previously employed under this section and previously received or 4,029
is receiving a benefit under this division, completion of a 4,030
period of twelve months since the effective date of the last 4,031
benefit under this division. 4,032
(3)(a) If a superannuate or other system retirant dies 4,034
while employed in employment subject to this section, a lump-sum 4,035
payment calculated in accordance with division (J)(1) of this 4,036
section shall be paid to the beneficiary designated under 4,037
division (D) of section 3307.48 3307.562 of the Revised Code. 4,038
(b) If at the time of death a superannuate or other system 4,041
retirant receiving a monthly annuity has received less than the 4,042
superannuate or retirant would have received as a lump-sum 4,043
payment, the difference between the amount received and the 4,044
amount that would have been received as a lump-sum payment shall 4,046
be paid to the superannuate's or retirant's beneficiary 4,047
designated under division (D) of section 3307.48 3307.562 of the 4,049
88
Revised Code. 4,050
(4) No amount received under this section shall be 4,052
included in determining an additional benefit under section 4,053
3307.403 3307.67 of the Revised Code or any other post-retirement 4,055
benefit increase. 4,056
(K) If the disability benefit of an other system retirant 4,058
employed under this section is terminated, the retirant shall 4,059
become a member of the state teachers retirement system, 4,061
effective on the first day of the month next following the 4,062
termination, with all the rights, privileges, and obligations of 4,063
membership. If such person, after the termination of the 4,064
retirant's disability benefit, earns two years of service credit 4,066
under this retirement system or under the public employees 4,067
retirement system, Ohio police and fire pension fund, school 4,068
employees retirement system, or state highway patrol retirement 4,070
system, the retirant's prior contributions as an other system 4,072
retirant under this section shall be included in the retirant's 4,073
total service credit, AS DEFINED IN SECTION 3307.50 OF THE 4,074
REVISED CODE, as a state teachers retirement system member, and 4,076
the retirant shall forfeit all rights and benefits of this 4,078
section. Not more than one year of credit may be given for any 4,079
period of twelve months.
(L) A superannuate shall not receive the pension portions 4,081
of a retirement AN allowance, AS DEFINED IN SECTION 3307.50 OF 4,083
THE REVISED CODE, for any period for which the superannuate is 4,084
compensated under a private contract, or through an independent 4,085
contractor, whereby the superannuate is to perform personal or 4,087
professional services for the employer by which the superannuate 4,088
was employed at the time of retirement. 4,090
(M) This section does not affect the receipt of benefits 4,092
by or eligibility for benefits of any person who on August 20, 4,093
1976, was receiving a disability benefit or service retirement 4,094
pension or allowance from a state or municipal retirement system 4,095
in Ohio and was a member of any other state or municipal 4,096
89
retirement system of this state. 4,097
(N) The retirement board of the state teachers retirement 4,099
system BOARD may make the necessary rules to carry into effect 4,100
this section and to prevent the abuse of the rights and 4,102
privileges thereunder. 4,103
Sec. 3307.72 3307.37. (A) Notwithstanding any other 4,112
provision of this chapter, any payment that is to be made under a 4,114
pension, annuity, allowance, or other type of benefit PAYABLE 4,115
UNDER THIS CHAPTER, other than a survivorship benefit, that has 4,117
been granted to a person under this chapter, any payment of 4,118
accumulated contributions standing to a person's credit under 4,119
this chapter, and any payment of any other amounts to be paid to 4,120
a person under this chapter upon the person's withdrawal of 4,121
contributions pursuant to this chapter shall be subject to any 4,122
withholding order issued pursuant to section 2907.15 of the
Revised Code or division (C)(2)(b) of section 2921.41 of the 4,123
Revised Code, and the state teacher's retirement board shall 4,124
comply with that withholding order in making the payment. 4,125
(B) Notwithstanding any other provision of this chapter, 4,127
if the board receives notice pursuant to section 2907.15 of the 4,128
Revised Code or division (D) of section 2921.41 of the Revised 4,129
Code that a person who has accumulated contributions standing to 4,130
the person's credit pursuant to this chapter is charged with a 4,132
violation of section 2907.02, 2907.03, 2907.04, 2907.05, or 4,133
2921.41 of the Revised Code, no payment of those accumulated 4,134
contributions, of any other amounts to be paid under this chapter 4,135
upon the person's withdrawal of contributions pursuant to this 4,136
chapter, or of any amount to be paid as a lump sum or single 4,138
payment under section 3307.381 3307.35 of the Revised Code shall 4,139
be made prior to whichever of the following is applicable: 4,141
(1) If the person is convicted of or pleads guilty to the 4,143
charge and no motion for a withholding order for purposes of 4,144
restitution has been filed under section 2907.15 of the Revised 4,145
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised 4,147
90
Code, thirty days after the day on which final disposition of the 4,148
charge is made;
(2) If the person is convicted of or pleads guilty to the 4,150
charge and a motion for a withholding order for purposes of 4,151
restitution has been filed under section 2907.15 of the Revised 4,153
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised 4,155
Code, the day on which the court decides the motion; 4,156
(3) If the charge is dismissed or the person is found not 4,158
guilty or not guilty by reason of insanity of the charge, the day 4,159
on which final disposition of the charge is made. 4,160
Sec. 3307.74 3307.39. (A) The state teachers retirement 4,169
board may enter into an agreement with insurance companies, 4,171
health insuring corporations, or government agencies authorized 4,173
to do business in the state for issuance of a policy or contract 4,174
of health, medical, hospital, or surgical benefits, or any 4,175
combination thereof, for those individuals receiving, UNDER THE 4,176
PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED 4,177
CODE, service retirement or a disability or survivor benefit 4,179
subscribing WHO SUBSCRIBE to the plan. Notwithstanding any other 4,180
provision of this chapter, the policy or contract may also 4,181
include coverage for any eligible individual's spouse and 4,182
dependent children and for any of the individual's sponsored 4,183
dependents as the board considers appropriate. If all or any 4,185
portion of the policy or contract premium is to be paid by any 4,186
individual receiving service retirement or a disability or 4,187
survivor benefit, the individual shall, by written authorization, 4,188
instruct the board to deduct the premium agreed to be paid by the 4,190
individual to the companies, corporations, or agencies. 4,191
The board may contract for coverage on the basis of part or 4,194
all of the cost of the coverage to be paid from appropriate funds 4,195
of the state teachers retirement system. The cost paid from the 4,196
funds of the system shall be included in the employer's 4,198
contribution rate provided by section 3307.53 3307.28 of the 4,199
Revised Code. 4,200
91
THE BOARD MAY ENTER INTO AN AGREEMENT UNDER THIS DIVISION 4,202
FOR COVERAGE OF RECIPIENTS OF BENEFITS UNDER A PLAN ESTABLISHED 4,203
UNDER SECTION 3307.81 OF THE REVISED CODE IF THE PLAN SELECTED 4,204
INCLUDES HEALTH, MEDICAL, HOSPITAL, OR SURGICAL BENEFITS, OR ANY 4,205
COMBINATION THEREOF. THE BOARD MAY CONTRACT FOR COVERAGE ON THE 4,206
BASIS THAT THE COST OF THE COVERAGE WILL BE PAID BY THE 4,208
RECIPIENT. THE BOARD MAY OFFER TO RECIPIENTS PLANS THAT PROVIDE 4,209
FOR DIFFERENT LEVELS OF COVERAGE OR FOR PREPAYMENT OF THE COST OF 4,210
COVERAGE.
The board may provide for self-insurance of risk or level 4,212
of risk as set forth in the contract with the companies, 4,213
corporations, or agencies, and may provide through the 4,214
self-insurance method specific benefits as authorized by the 4,215
rules of the board. 4,216
(B) If the board provides health, medical, hospital, or 4,218
surgical benefits through any means other than a health insuring 4,220
corporation, it shall offer to each individual eligible for the 4,222
benefits the alternative of receiving benefits through enrollment 4,223
in a health insuring corporation, if all of the following apply: 4,225
(1) The health insuring corporation provides health care 4,228
services in the geographical area in which the individual lives; 4,230
(2) The eligible individual was receiving health care 4,232
benefits through a health maintenance organization or a health 4,234
insuring corporation before retirement; 4,235
(3) The rate and coverage provided by the health insuring 4,238
corporation to eligible individuals is comparable to that 4,241
currently provided by the board under division (A) of this
section. If the rate or coverage provided by the health insuring 4,243
corporation is not comparable to that currently provided by the 4,245
board under division (A) of this section, the board may deduct 4,246
the additional cost from the eligible individual's monthly 4,247
benefit.
The health insuring corporation shall accept as an enrollee 4,251
any eligible individual who requests enrollment.
92
The board shall permit each eligible individual to change 4,253
from one plan to another at least once a year at a time 4,254
determined by the board. 4,255
(C) The board shall, beginning the month following receipt 4,257
of satisfactory evidence of the payment for coverage, make a 4,258
monthly payment to each recipient of service retirement, or a 4,259
disability or survivor benefit under the state teachers 4,260
retirement system PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 4,261
OF THE REVISED CODE who is eligible for insurance coverage under 4,262
part B of "The Social Security Amendments of 1965," 79 Stat. 301, 4,263
42 U.S.C.A. 1395j, as amended. The payment shall be the greater 4,265
of the following:
(1) Twenty-nine dollars and ninety cents; 4,267
(2) An amount determined by multiplying the basic premium 4,270
for the coverage by a percentage, not exceeding ninety per cent, 4,271
determined by multiplying the years of service used in 4,272
calculating the service retirement or benefit by a percentage 4,273
determined by the board not exceeding three per cent. 4,274
(D) The board shall establish by rule requirements for the 4,276
coordination of any coverage, payment, or benefit provided under 4,278
this section or section 3307.405 3307.61 of the Revised Code with 4,280
any similar coverage, payment, or benefit made available to the 4,281
same individual by the public employees retirement system, Ohio 4,282
police and fire pension fund, school employees retirement system, 4,284
or state highway patrol retirement system. 4,285
(E) The board shall make all other necessary rules 4,287
pursuant to the purpose and intent of this section. 4,288
Sec. 3307.741 3307.391. The state teachers retirement 4,297
board shall establish a program under which members of the STATE 4,299
TEACHERS retirement system, employers on behalf of members, and 4,301
persons receiving service, disability, or survivor benefits UNDER 4,302
THIS CHAPTER are permitted to participate in contracts for 4,304
long-term health care insurance. Participation may include 4,305
dependents and family members. If a participant in a contract 4,306
93
for long-term care insurance leaves employment, the participant 4,307
and the participant's dependents and family members may, at their 4,309
election, continue to participate in a program established under 4,310
this section in the same manner as if the participant had not 4,311
left employment, except that no part of the cost of the insurance 4,313
shall be paid by the participant's former employer. 4,314
Such program may be established independently or jointly 4,316
with one or more of the other retirement systems. For purposes 4,317
of this section, "retirement systems" has the same meaning as in 4,318
division (A) of section 145.581 of the Revised Code. 4,319
The board may enter into an agreement with insurance 4,321
companies, health insuring corporations, or government agencies 4,323
authorized to do business in the state for issuance of a 4,324
long-term care insurance policy or contract. However, prior to 4,325
entering into such an agreement with an insurance company or 4,326
health insuring corporation, the board shall request the 4,327
superintendent of insurance to certify the financial condition of 4,330
the company or corporation. The board shall not enter into the 4,331
agreement if, according to that certification, the company or 4,332
corporation is insolvent, is determined by the superintendent to 4,333
be potentially unable to fulfill its contractual obligations, or 4,335
is placed under an order of rehabilitation or conservation by a 4,336
court of competent jurisdiction or under an order of supervision 4,337
by the superintendent. 4,338
The board shall adopt rules in accordance with section 4,340
111.15 of the Revised Code governing the program. The rules 4,341
shall establish methods of payment for participation under this 4,342
section, which may include establishment of a payroll deduction 4,343
plan under section 3307.281 3307.70 of the Revised Code, 4,344
deduction of the full premium charged from a person's service, 4,346
disability, or survivor benefit, or any other method of payment 4,347
considered appropriate by the board. If the program is 4,348
established jointly with one or more of the other retirement 4,349
systems, the rules also shall establish the terms and conditions 4,350
94
of such joint participation. 4,351
Sec. 3307.40 3307.392. (A) Upon the death of a retirant 4,360
or disability benefit recipient who at the time of death is 4,362
receiving a service retirement allowance or disability benefit 4,363
pursuant to this chapter, a lump sum payment of one thousand 4,364
dollars shall be paid to any designated or qualified beneficiary 4,365
under division (D) of section 3307.48 of the Revised Code, or if 4,366
none, the state teachers retirement board may approve payment to 4,367
either the person responsible for the burial expenses or to the 4,368
decedent's estate following the completion of an application on a 4,369
form approved by the board. 4,370
(B) The state teachers retirement board may establish a 4,372
death benefit plan providing for a lump sum payment to eligible 4,373
beneficiaries, in addition to the lump sum payment made under 4,374
division (A) of this section 3307.661 OF THE REVISED CODE, on the 4,375
death of a person receiving a service retirement AN allowance or 4,378
disability benefit pursuant to this chapter. Any plan 4,380
established under this division SECTION shall be administered 4,382
separately from any other benefit or plan governed by this 4,383
chapter and shall require that charges paid by participants cover 4,384
the additional liability resulting from the death benefit as 4,385
determined by an actuary employed by the board. Participation 4,386
shall be limited to persons receiving a service retirement AN 4,387
allowance or disability benefit pursuant to this chapter. 4,389
The board shall establish charges and conditions of 4,391
eligibility for participation in any plan established under this 4,392
division SECTION. A person who elects to participate in a plan 4,393
by written authorization shall instruct the board to deduct the 4,395
amount charged under the plan from his service retirement THE 4,397
PERSON'S allowance or disability benefit. The board may enter 4,398
into contracts with insurance companies, financial institutions, 4,399
or other entities for the purpose of providing a death benefit 4,400
plan under this division SECTION. 4,401
Sec. 3307.71 3307.41. The right of a person to a pension, 4,410
95
an annuity, or a retirement allowance itself, any optional 4,413
benefit, OR any other right OR BENEFIT accrued or accruing to any 4,415
person, under sections 3307.01 to 3307.74 of the Revised Code
THIS CHAPTER, or the various funds created by section 3307.65 4,418
3307.14 of the Revised Code and all moneys and investments and 4,420
income thereof, are exempt from any state tax, except the tax
imposed by section 5747.02 of the Revised Code and are exempt 4,422
from any county, municipal, or other local tax, except taxes 4,423
imposed pursuant to section 5748.02 or 5748.08 of the Revised 4,424
Code and, except as provided in sections 3111.23, 3113.21, and 4,426
3307.72 3307.37 of the Revised Code, shall not be subject to 4,427
execution, garnishment, attachment, the operation of bankruptcy 4,428
or insolvency laws, or any other process of law whatsoever, and 4,429
shall be unassignable except as specifically provided in THIS 4,430
CHAPTER OR sections 3111.23, AND 3113.21, and 3307.01 to 3307.74 4,431
of the Revised Code. 4,432
Sec. 3307.711 3307.42. The granting TO ANY PERSON of a 4,442
retirement AN allowance, annuity, or pension to any person, AS 4,443
DEFINED IN SECTION 3307.50 OF THE REVISED CODE, OR THE GRANTING
OF A BENEFIT UNDER THE PLAN DESCRIBED IN SECTIONS 3307.80 TO 4,444
3307.89 OF THE REVISED CODE, pursuant to AN action of the state 4,445
teachers' retirement board vests a right in such person, so long 4,447
as he THE PERSON remains the beneficiary of any of the funds 4,449
established by section 3307.65 3307.14 of the Revised Code, to 4,450
receive such retirement THE allowance, annuity, or pension, OR 4,451
BENEFIT at the rate fixed at the time of granting such retirement 4,453
THE allowance, annuity, or pension, OR BENEFIT. Such right shall 4,454
also be vested with equal effect in the beneficiary of a grant 4,455
heretofore made from any of the funds named in section 3307.65 4,456
3307.14 of the Revised Code. 4,457
Sec. 3307.712 3307.44. (A) Any person who is receiving an 4,466
allowance, AS DEFINED IN SECTION 3307.50 OF THE REVISED CODE, 4,467
benefit, or any increase under this chapter may, at any time, 4,469
waive his THE PERSON'S rights thereto, or to a portion thereof, 4,470
96
by filing a written notice of waiver with the state teachers 4,471
retirement board. Except as provided in division (B) of this 4,472
section, such waiver shall remain in effect until the first day 4,473
of the month following his THE PERSON'S death or the filing of 4,474
his THE PERSON'S written cancellation of such waiver with the 4,476
state teachers retirement board. Any amount so waived shall 4,477
forever be forfeited.
(B) If a beneficiary waives in writing all claim to any 4,479
benefits under this chapter prior to receipt of the first 4,480
benefit, the waiver shall put into effect the succession of 4,481
beneficiaries as provided in division (C) of section 3307.48 4,482
3307.562 of the Revised Code and shall be irrevocable. 4,484
Sec. 3307.4012 3307.46. Whenever the limits established by 4,493
section 415 of the "Internal Revenue Code of 1986," 100 Stat. 4,495
2085, 26 U.S.C.A. 415, as amended, are raised, the state teachers 4,496
retirement board may increase the amount of the pension, benefit, 4,497
or allowance of any person whose pension, benefit, or allowance 4,498
payable under section 3307.38 3307.58, 3307.39 3307.59, 3307.403 4,499
3307.63, 3307.43 3307.631, or 3307.431 3307.67 of the Revised 4,501
Code OR THE PLAN ESTABLISHED UNDER SECTION 3307.81 OF THE REVISED 4,502
CODE was limited by the application of section 415. The amount 4,504
of the increased pension, benefit, or allowance shall not exceed
the lesser of the amount the person would have received if the 4,505
limits established by section 415 had not been applied or the 4,506
amount the person is eligible to receive subject to the new 4,507
limits established by section 415.
Sec. 3307.751 3307.47. If a member, former member, 4,516
contributor, former contributor, retirant, or beneficiary PERSON 4,518
is paid any benefit by the state teachers retirement system UNDER 4,520
THE PLANS DESCRIBED IN SECTION 3307.031 OF THE REVISED CODE to
which he THE PERSON is not entitled, the benefit shall be repaid 4,523
to the retirement system by him THE PERSON. If he THE PERSON 4,525
fails to make the repayment, the retirement system shall withhold 4,526
the amount due from any benefit due him THE PERSON or his THE 4,527
97
PERSON'S beneficiary under this chapter, or may collect the 4,528
amount in any other manner provided by law. 4,529
Sec. 3307.50. AS USED IN SECTIONS 3307.50 TO 3307.79 OF 4,531
THE REVISED CODE: 4,533
(A) "PRIOR SERVICE" MEANS ALL SERVICE AS A TEACHER BEFORE 4,535
SEPTEMBER 1, 1920, MILITARY SERVICE CREDIT, ALL SERVICE PRIOR TO 4,536
SEPTEMBER 1, 1920, AS AN EMPLOYEE OF ANY EMPLOYER WHO COMES 4,537
WITHIN THE PUBLIC EMPLOYEES RETIREMENT SYSTEM, THE SCHOOL 4,538
EMPLOYEES RETIREMENT SYSTEM, OR ANY OTHER STATE RETIREMENT SYSTEM 4,539
ESTABLISHED UNDER THE LAWS OF OHIO, AND SIMILAR SERVICE IN 4,540
ANOTHER STATE, CREDIT FOR WHICH WAS PROCURED BY A MEMBER UNDER 4,541
FORMER SECTION 3307.33 OF THE REVISED CODE, PRIOR TO JUNE 25, 4,543
1945. PRIOR SERVICE CREDIT SHALL NOT BE GRANTED TO ANY MEMBER 4,544
FOR SERVICE FOR WHICH CREDIT OR BENEFITS HAVE BEEN RECEIVED IN 4,545
ANY OTHER STATE RETIREMENT SYSTEM IN OHIO OR FOR CREDIT THAT WAS 4,546
FORFEITED BY WITHDRAWAL OF CONTRIBUTIONS, UNLESS THE CREDIT HAS 4,547
BEEN RESTORED. IF THE TEACHER SERVED AS AN EMPLOYEE IN ANY TWO 4,548
OR ALL OF THE CAPACITIES, "PRIOR SERVICE" MEANS THE TOTAL 4,549
COMBINED SERVICE IN THE CAPACITIES PRIOR TO SEPTEMBER 1, 1920. 4,550
IF A TEACHER WHO HAS BEEN GRANTED PRIOR SERVICE CREDIT FOR 4,552
SERVICE RENDERED PRIOR TO SEPTEMBER 1, 1920, AS AN EMPLOYEE OF AN 4,553
EMPLOYER WHO COMES WITHIN THE PUBLIC EMPLOYEES RETIREMENT SYSTEM 4,554
OR THE SCHOOL EMPLOYEES RETIREMENT SYSTEM, ESTABLISHES, 4,555
SUBSEQUENT TO SEPTEMBER 16, 1957, AND BEFORE RETIREMENT, THREE 4,556
YEARS OF CONTRIBUTING SERVICE IN THE PUBLIC EMPLOYEES RETIREMENT 4,557
SYSTEM, OR ONE YEAR IN THE SCHOOL EMPLOYEES RETIREMENT SYSTEM, 4,558
THE PRIOR SERVICE CREDIT GRANTED SHALL BECOME, AT RETIREMENT, THE 4,560
LIABILITY OF THE OTHER SYSTEM IF THE PRIOR SERVICE OR EMPLOYMENT 4,562
WAS IN A CAPACITY COVERED BY THAT SYSTEM.
(B) "TOTAL SERVICE," "TOTAL SERVICE CREDIT," EXCEPT AS 4,564
PROVIDED IN SECTION 3307.57 OF THE REVISED CODE, OR "OHIO SERVICE 4,566
CREDIT" MEANS ALL SERVICE OF A MEMBER OF THE STATE TEACHERS 4,567
RETIREMENT SYSTEM SINCE LAST BECOMING A MEMBER AND, IN ADDITION 4,568
THERETO, RESTORED SERVICE CREDIT UNDER SECTION 3307.71 OF THE 4,569
98
REVISED CODE, ALL PRIOR SERVICE CREDIT, ALL MILITARY SERVICE 4,572
CREDIT COMPUTED AS PROVIDED IN THIS CHAPTER, AND ALL OTHER 4,573
SERVICE CREDIT ESTABLISHED UNDER SECTIONS 3307.26, FORMER 4,575
3307.513, FORMER 3307.514, 3307.53, 3307.54, 3307.72, 3307.73, 4,576
3307.74, 3307.76, 3307.761, 3307.77, 3307.771, AND 33.07.78 AND 4,577
FORMER SECTION 3307.52 OF THE REVISED CODE, AND SECTION 3 OF 4,579
AMENDED SUBSTITUTE SENATE BILL NO. 530 OF THE 114TH GENERAL 4,580
ASSEMBLY. ALL SERVICE CREDIT PURCHASED UNDER SECTION 3307.741 OF 4,583
THE REVISED CODE SHALL BE USED EXCLUSIVELY FOR THE PURPOSE OF 4,585
QUALIFYING FOR SERVICE RETIREMENT. 4,586
(C)(1) "SERVICE RETIREMENT" MEANS RETIREMENT AS PROVIDED 4,588
IN SECTION 3307.58 OR 3307.59 OF THE REVISED CODE. 4,589
(2) "DISABILITY RETIREMENT" MEANS RETIREMENT AS PROVIDED 4,591
IN SECTION 3307.63 OF THE REVISED CODE. 4,592
(D) "ACCUMULATED CONTRIBUTIONS" MEANS THE SUM OF ALL 4,594
AMOUNTS CREDITED TO A CONTRIBUTOR'S INDIVIDUAL ACCOUNT IN THE 4,595
TEACHERS' SAVINGS FUND, TOGETHER WITH INTEREST CREDITED THEREON 4,596
AT THE RATES APPROVED BY THE STATE TEACHERS RETIREMENT BOARD 4,597
PRIOR TO RETIREMENT. 4,598
(E) "ANNUITY" MEANS PAYMENTS FOR LIFE DERIVED FROM 4,600
CONTRIBUTIONS MADE BY A CONTRIBUTOR AND PAID FROM THE ANNUITY AND 4,601
PENSION RESERVE FUND. ALL ANNUITIES SHALL BE PAID IN TWELVE 4,602
EQUAL MONTHLY INSTALLMENTS. 4,603
(F) "PENSIONS" MEANS ANNUAL PAYMENTS FOR LIFE DERIVED FROM 4,605
APPROPRIATIONS MADE BY AN EMPLOYER AND PAID FROM THE ANNUITY AND 4,606
PENSION RESERVE FUND. ALL PENSIONS SHALL BE PAID IN TWELVE EQUAL 4,607
MONTHLY INSTALLMENTS. 4,608
(G)(1) "ALLOWANCE" MEANS THE PENSION PLUS THE ANNUITY, OR 4,611
ANY OTHER PAYMENT UNDER SECTIONS 3307.50 TO 3307.79 OF THE 4,612
REVISED CODE, AND INCLUDES A DISABILITY ALLOWANCE OR DISABILITY 4,613
BENEFIT.
(2) "DISABILITY ALLOWANCE" MEANS AN ALLOWANCE PAID ON 4,615
ACCOUNT OF DISABILITY UNDER SECTION 3307.631 OF THE REVISED CODE. 4,617
(3) "DISABILITY BENEFIT" MEANS A BENEFIT PAID AS 4,619
99
DISABILITY RETIREMENT UNDER SECTION 3307.63 OF THE REVISED CODE, 4,621
AS A DISABILITY ALLOWANCE UNDER SECTION 3307.631 OF THE REVISED 4,623
CODE, OR AS A DISABILITY BENEFIT UNDER SECTION 3307.57 OF THE 4,624
REVISED CODE.
(H) "ANNUITY RESERVE" MEANS THE PRESENT VALUE, COMPUTED 4,626
UPON THE BASIS OF MORTALITY TABLES ADOPTED BY THE STATE TEACHERS 4,627
RETIREMENT BOARD WITH INTEREST, OF ALL PAYMENTS TO BE MADE ON 4,628
ACCOUNT OF ANY ANNUITY, OR BENEFIT IN LIEU OF ANY ANNUITY, 4,629
GRANTED TO A MEMBER. 4,630
(I) "PENSION RESERVE" MEANS THE PRESENT VALUE, COMPUTED 4,632
UPON THE BASIS OF MORTALITY TABLES ADOPTED BY THE STATE TEACHERS 4,633
RETIREMENT BOARD WITH INTEREST, OF ALL PAYMENTS TO BE MADE ON 4,634
ACCOUNT OF ANY PENSION, OR BENEFIT IN LIEU OF ANY PENSION, 4,635
GRANTED TO A MEMBER OR TO A BENEFICIARY. 4,636
(J) "RETIRANT" MEANS ANY FORMER MEMBER WHO IS GRANTED AGE 4,638
AND SERVICE RETIREMENT AS PROVIDED IN SECTIONS 3307.57, 3307.58, 4,639
3307.59, AND 3307.60 OF THE REVISED CODE. 4,640
(K) "DISABILITY BENEFIT RECIPIENT" MEANS A MEMBER WHO IS 4,642
RECEIVING A DISABILITY BENEFIT. 4,643
Sec. 3307.013 3307.501. (A) As used in this section, 4,652
"percentage increase" means the percentage that an increase in 4,654
compensation is of the compensation paid prior to the increase. 4,655
(B) Notwithstanding division (U)(L) of section 3307.01 of 4,657
the Revised Code, for the purpose of determining final average 4,659
salary under this section, "compensation" has the same meaning as 4,660
in that division, except that it does not include any amount 4,661
resulting from a percentage increase paid to a member during the 4,662
member's two highest years of compensation that exceeds the 4,664
greater of the following, unless the percentage increase results 4,665
from employment by a different employer or promotion to a 4,666
position held by another employee within the twelve-month period 4,667
preceding the promotion; 4,668
(1) The highest percentage increase in compensation paid 4,670
to the member during any of the three years immediately preceding 4,671
100
the member's two highest years of compensation and any subsequent 4,672
partial year of compensation used in calculating the member's 4,673
final average salary; 4,674
(2) A percentage increase paid to the member as part of an 4,676
increase generally applicable to members employed by the 4,677
employer. An increase shall be considered generally applicable 4,678
if it is paid to members employed by a school district board of 4,679
education in positions requiring a license issued under section 4,681
3319.22 of the Revised Code in accordance with uniform criteria 4,682
applicable to all such members or if paid to members employed by 4,683
an employer other than a school district board of education in 4,684
accordance with uniform criteria applicable to all such members. 4,685
(C) The state teachers retirement board shall determine 4,687
the final average salary of a member by dividing the sum of the 4,688
member's annual compensation for the three highest years of 4,689
compensation for which the member made contributions plus any 4,690
amount determined under division (E) of this section by three, 4,691
except that if the member has a partial year of contributing 4,692
service in the year the member's employment terminates and the 4,693
compensation for the partial year is at a rate higher than the 4,694
rate of compensation for any one of the member's highest three 4,695
years of compensation, the board shall substitute the 4,696
compensation for the partial year for the compensation for the 4,697
same portion of the lowest of the member's three highest years of 4,698
compensation. If a member has less than three years of 4,699
contributing membership, the member's final average salary shall 4,700
be the member's total compensation for the period of contributing 4,701
membership plus any amount determined under division (E) of this 4,702
section divided by the total years, including any portion of a 4,703
year, of contributing service.
For the purpose of calculating benefits payable to a member 4,705
qualifying for service credit under division (R)(I) of section 4,707
3307.01 of the Revised Code, the board shall calculate the 4,708
member's final average salary by dividing the member's total 4,709
101
compensation as a teacher covered under this chapter plus any 4,710
amount determined under division (E) of this section by the total 4,711
number of years, including any portion of a year, of contributing 4,712
membership during that period. If contributions were made for 4,713
less than twelve months, the member's final average salary is the 4,714
total amount of compensation paid to the member during all 4,715
periods of contributions under this chapter. 4,716
(D) Contributions made by a member and an employer on 4,718
amounts that, pursuant to division (B) of this section, are not 4,719
compensation or are not included, pursuant to division (E) of 4,720
this section, for the purpose of determining final average salary 4,721
shall be treated as additional deposits to the member's account 4,722
under section 3307.51 3307.26 of the Revised Code and used to 4,723
provide additional annuity income. 4,725
(E) The state teachers retirement board shall adopt rules 4,727
establishing criteria and procedures for administering this 4,728
division. 4,729
The board shall notify each applicant for retirement of any 4,731
amount excluded from the applicant's compensation in accordance 4,732
with division (B) of this section and of the procedures 4,733
established by the board for requesting a hearing on this 4,734
exclusion. 4,735
Any applicant for retirement who has had any amount 4,737
excluded from the applicant's compensation in accordance with 4,739
division (B) of this section may request a hearing on this 4,740
exclusion. Upon receiving such a request, the board shall 4,741
determine in accordance with its criteria and procedures whether, 4,742
for good cause as determined by the board, all or any portion of 4,743
any amount excluded from the applicant's compensation in 4,744
accordance with division (B) of this section, up to a maximum of 4,745
seventy-five hundred dollars, is to be included in the 4,746
determination of final average salary under division (C) of this 4,747
section. Any determination of the board under this division 4,748
shall be final.
102
Sec. 3307.20 3307.51. (A) The state teachers retirement 4,757
board shall have prepared annually by or under the supervision of 4,760
an actuary an actuarial valuation of the pension assets, 4,761
liabilities, and funding requirements of the state teachers 4,762
retirement system as established pursuant to this chapter PLAN 4,763
DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE.
The actuary shall complete the valuation in accordance with 4,764
actuarial standards of practice promulgated by the actuarial 4,765
standards board of the American academy of actuaries and prepare 4,766
a report of the valuation. The report shall include all of the 4,767
following:
(1) A summary of the benefit provisions evaluated; 4,769
(2) A summary of the census data and financial information 4,771
used in the valuation; 4,772
(3) A description of the actuarial assumptions, actuarial 4,774
cost method, and asset valuation method used in the valuation, 4,775
including a statement of the assumed rate of payroll growth and 4,776
assumed rate of growth or decline in the number of members 4,777
contributing to the retirement system;
(4) A summary of findings that includes a statement of the 4,779
actuarial accrued pension liabilities and unfunded actuarial 4,780
accrued pension liabilities; 4,781
(5) A schedule showing the effect of any changes in the 4,783
benefit provisions, actuarial assumptions, or cost methods since 4,784
the last annual actuarial valuation; 4,785
(6) A statement of whether contributions to the retirement 4,787
system are expected to be sufficient to satisfy the funding 4,788
objectives established by the board. 4,789
The board shall submit the report to the Ohio retirement 4,792
study commission COUNCIL and the standing committees of the house 4,793
of representatives and the senate with primary responsibility for 4,795
retirement legislation not later than the first day of May 4,796
following the year for which the valuation was made. 4,797
(B) At such times as the state teachers retirement board 4,800
103
determines, and at least once in each quinquennial period, the 4,801
board shall have prepared by or under the supervision of an 4,802
actuary an actuarial investigation of the mortality, service, and 4,804
other experience of the members, retirants, and beneficiaries of 4,806
the system, and other system retirants as defined in section 4,809
3307.381 3307.35 of the Revised Code to update the actuarial 4,810
assumptions used in the actuarial valuation required by division 4,813
(A) of this section. The actuary shall prepare a report of the 4,814
actuarial investigation. The report shall be prepared and any 4,815
recommended changes in actuarial assumptions shall be made in 4,817
accordance with the actuarial standards of practice promulgated
by the actuarial standards board of the American academy of 4,819
actuaries. The report shall include all of the following:
(1) A summary of relevant decrement and economic 4,821
assumption experience observed over the period of the 4,822
investigation;
(2) Recommended changes in actuarial assumptions to be 4,824
used in subsequent actuarial valuations required by division (A) 4,826
of this section;
(3) A measurement of the financial effect of the 4,828
recommended changes in actuarial assumptions. 4,829
The board shall submit the report to the Ohio retirement 4,832
study commission COUNCIL and the standing committees of the house 4,833
of representatives and the senate with primary responsibility for 4,835
retirement legislation not later than the first day of May 4,836
following the last fiscal year of the period the report covers. 4,837
(C) The board may at any time request the actuary to make 4,839
any other studies or actuarial valuations to determine the 4,841
adequacy of the normal and deficiency rates of contribution 4,842
provided by section 3307.53 3307.28 of the Revised Code, and 4,843
those rates may be adjusted by the board, as recommended by the 4,846
actuary, effective as of the first of any year thereafter. 4,847
(D) The board shall have prepared by or under the 4,849
supervision of an actuary an actuarial analysis of any introduced 4,850
104
legislation expected to have a measurable financial impact on the 4,851
retirement system. The actuarial analysis shall be completed in 4,852
accordance with the actuarial standards of practice promulgated 4,853
by the actuarial standards board of the American academy of 4,854
actuaries. The actuary shall prepare a report of the actuarial 4,855
analysis, which shall include all of the following: 4,856
(1) A summary of the statutory changes that are being 4,858
evaluated;
(2) A description of or reference to the actuarial 4,860
assumptions and actuarial cost method used in the report; 4,861
(3) A description of the participant group or groups 4,863
included in the report; 4,864
(4) A statement of the financial impact of the 4,866
legislation, including the resulting increase, if any, in the 4,867
employer normal cost percentage; the increase, if any, in 4,868
actuarial accrued liabilities; and the per cent of payroll that 4,869
would be required to amortize the increase in actuarial accrued
liabilities as a level per cent of covered payroll for all active 4,870
members over a period not to exceed thirty years; 4,871
(5) A statement of whether the scheduled contributions to 4,873
the system after the proposed change is enacted are expected to 4,874
be sufficient to satisfy the funding objectives established by 4,875
the board.
Not later than sixty days from the date of introduction of 4,877
the legislation, the board shall submit a copy of the actuarial 4,878
analysis to the legislative budget office of the legislative 4,879
service commission, the standing committees of the house of 4,880
representatives and the senate with primary responsibility for 4,881
retirement legislation, and the Ohio retirement study commission 4,882
COUNCIL.
(E) The board shall have prepared annually a report giving 4,885
a full accounting of the revenues and costs relating to the 4,886
provision of benefits under sections 3307.405 3307.39 and 3307.74 4,887
3307.61 of the Revised Code. The report shall be made as of June 4,890
105
30, 1997, and the thirtieth day of June of each year thereafter. 4,891
The report shall include the following: 4,892
(1) A description of the statutory authority for the 4,894
benefits provided; 4,895
(2) A summary of the benefits; 4,897
(3) A summary of the eligibility requirements for the 4,899
benefits; 4,900
(4) A statement of the number of participants eligible for 4,902
the benefits; 4,903
(5) A description of the accounting, asset valuation, and 4,905
funding method used to provide the benefits; 4,906
(6) A statement of the net assets available for the 4,908
provisions of benefits as of the last day of the fiscal year; 4,910
(7) A statement of any changes in the net assets available 4,913
for the provision of benefits, including participant and employer 4,914
contributions, net investment income, administrative expenses, 4,915
and benefits provided to participants, as of the last day of the 4,916
fiscal year;
(8) For the last six consecutive fiscal years, a schedule 4,918
of the net assets available for the benefits, the annual cost of 4,920
benefits, administrative expenses incurred, and annual employer 4,921
contributions allocated for the provision of benefits; 4,922
(9) A description of any significant changes that affect 4,924
the comparability of the report required under this division; 4,926
(10) A statement of the amount paid under division (C) of 4,928
section 3307.74 3307.39 of the Revised Code. 4,929
The board shall submit the report to the Ohio retirement 4,932
study commission COUNCIL and the standing committees of the house 4,933
of representatives and the senate with primary responsibility for 4,934
retirement legislation not later than the thirty-first day of 4,935
December following the year for which the report was made. 4,937
Sec. 3307.511. THE STATE TEACHERS RETIREMENT BOARD SHALL 4,939
COLLECT AND KEEP IN CONVENIENT FORM SUCH DATA AS IS NECESSARY FOR 4,940
THE PREPARATION OF THE REQUIRED MORTALITY AND SERVICE TABLES, AND 4,941
106
FOR THE COMPILATION OF SUCH OTHER INFORMATION AS IS REQUIRED FOR 4,942
THE ACTUARIAL VALUATION OF THE ASSETS AND LIABILITIES OF THE 4,943
FUNDS LISTED IN DIVISIONS (A) TO (F) OF SECTION 3307.14 OF THE 4,945
REVISED CODE. ON THE BASIS OF MORTALITY AND SERVICE EXPERIENCE 4,946
OF THE MEMBERS, RETIRANTS, AND BENEFICIARIES OF THE STATE 4,947
TEACHERS RETIREMENT SYSTEM, AND OTHER SYSTEM RETIRANTS 4,948
CONTRIBUTING IN ACCORDANCE WITH SECTION 3307.35 OF THE REVISED 4,950
CODE, THE BOARD SHALL ADOPT TABLES TO BE USED FOR VALUATION 4,952
PURPOSES AND FOR DETERMINING THE AMOUNT OF ANNUITIES TO BE
ALLOWED ON THE BASIS OF THE CONTRIBUTIONS. 4,953
Sec. 3307.201 3307.512. The state teachers retirement 4,962
board shall establish a period of not more than thirty years to 4,965
amortize the state teachers retirement system's unfunded
actuarial accrued pension liabilities FOR BENEFITS PAID UNDER 4,966
SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE. If in any year 4,967
the period necessary to amortize the unfunded actuarial accrued 4,969
pension liability exceeds thirty years, as determined by the
annual actuarial valuation required by section 3307.20 3307.51 of 4,972
the Revised Code, the board, not later than ninety days after 4,974
receipt of the valuation, shall prepare and submit to the Ohio 4,975
retirement study commission COUNCIL and the standing committees 4,976
of the house of representatives and the senate with primary 4,977
responsibility for retirement legislation a report that includes 4,978
the following information: 4,979
(A) The number of years needed to amortize the unfunded 4,982
actuarial accrued pension liability as determined by the annual 4,983
actuarial valuation;
(B) A plan approved by the board that indicates how the 4,986
board will reduce the amortization period of unfunded actuarial 4,987
accrued pension liability to not more than thirty years.
Sec. 3307.421 3307.513. Not later than September 1, 2000, 4,997
and each first day of September for the succeeding five years, 4,998
the state teachers retirement board shall make and submit a 4,999
report for the preceding fiscal year of the disability retirement 5,000
107
experience of each employer. The report shall specify the total 5,001
number of disability applications submitted UNDER SECTION 3307.62 5,002
OF THE REVISED CODE, the status of each application as of the 5,004
last day of the fiscal year, total applications granted or 5,005
denied, and the percentage of disability benefit recipients, AS 5,006
DEFINED IN SECTION 3307.50 OF THE REVISED CODE, to the total 5,008
number of the employer's employees who are members of the state 5,009
teachers retirement system. The report shall be submitted to the 5,010
governor, the Ohio retirement study council, and the chairpersons 5,012
of the standing committees and subcommittees of the senate and 5,013
house of representatives with primary responsibility for 5,014
retirement legislation.
Sec. 3307.36 3307.52. At THE TIME OF retirement UNDER THE 5,024
PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED
CODE, the total service credited a teacher shall consist of all 5,026
his THE TEACHER'S service as a teacher since he THE TEACHER last 5,027
became a member and, if he THE TEACHER has a prior service 5,028
certificate which is in full force and effect, all service 5,030
certified on such prior service certificate, together with
purchased service credit as provided in section 3307.33 3307.741 5,031
of the Revised Code. 5,032
Sec. 3307.31 3307.53. The state teachers retirement board 5,041
shall credit a year of service to any teacher PARTICIPATING IN 5,043
THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED 5,044
CODE who is employed on a full-time basis in a school district 5,045
for the number of months the regular day schools of such district 5,046
are in session in said district within any year. The board shall 5,047
adopt appropriate rules and regulations for the determination of 5,048
credit for less than a complete year of service, and shall be the 5,049
final authority in determining the number of years of service 5,050
credit. The board shall credit not more than one year for all 5,051
service rendered in any year. 5,052
If concurrent contributions are made to two or more 5,054
retirement systems, service credit shall be on the basis of the 5,055
108
ratio that contributions to this system bear to the total 5,056
contributions in all such systems. 5,057
Sec. 3307.35 3307.54. An employer may establish a 5,066
retirement incentive plan for its employees who are members of 5,067
the state teachers retirement system PARTICIPATING IN THE PLAN 5,068
DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE. 5,069
The plan shall provide for purchase by the employer of service 5,070
credit for eligible employees who choose to participate in the 5,071
plan and for payment by the employer of the entire cost of such 5,072
service credit. A plan established under this section shall 5,073
remain in effect until terminated by the employer, except that, 5,074
once established, the plan must remain in effect for at least one 5,075
year.
An employee who is a member of the state teachers 5,077
retirement system shall be eligible to participate in a 5,078
retirement incentive plan if the employee has attained age fifty 5,080
and the employee agrees to retire and retires under section 5,081
3307.38 3307.58 of the Revised Code effective within ninety days 5,083
after receiving notice from the state teachers retirement system 5,084
that service credit has been purchased for the member under this 5,085
section.
Participation in the plan shall be available to all 5,087
eligible employees except that the employer may limit the number 5,088
of persons for whom it purchases credit in any calendar year to a 5,089
specified percentage of its employees who are members of the 5,090
state teachers retirement system on the first day of January of 5,091
that year. The percentage shall not be less than five per cent 5,092
of such employees. If participation is limited, employees with a 5,093
greater length of service with the employer have the right to 5,094
elect to have credit purchased before employees with a lesser 5,095
length of service with the employer. 5,096
The amount of service credit purchased for any participant 5,098
shall be uniformly determined but shall not exceed the lesser of 5,099
the following: 5,100
109
(A) Five years of service credit; 5,102
(B) An amount of service credit equal to one-fifth of the 5,104
total service credited to the participant under FORMER sections 5,105
3307.02, 3307.021, 3307.022, 3307.22, 3307.28, 3307.31, 3307.311, 5,106
3307.32, 3307.41, 3307.411, 3307.412, 3307.512, 3307.513, 5,107
3307.514, 3307.515, AND 3307.52, and 3307.73 OR SECTIONS 3307.53, 5,109
3307.57, 3307.71, 3307.72, 3307.73, 3307.74, 3307.75, 3307.751,
3307.752, 3307.76, 3307.761, 3307.77, 3307.771, AND 3307.78 of 5,111
the Revised Code.
For each year of service credit purchased under this 5,113
section, the employer shall pay an amount specified by the state 5,114
teachers retirement board equal to the additional liability 5,115
resulting from the purchase of that year of service credit as 5,116
determined by an actuary employed by the board. Payments shall 5,117
be made in accordance with rules adopted by the board, and the 5,118
board shall notify each member when the member is credited with 5,120
service purchased under this section. 5,121
No payment made to the state teachers retirement system 5,123
under this section shall affect any payment required by section 5,124
3307.53 3307.28 of the Revised Code. 5,125
Sec. 3307.46 3307.56. (A)(1) Subject to sections 3307.47 5,135
3307.37 and 3307.72 3307.561 of the Revised Code, a member 5,136
PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 5,137
3307.79 OF THE REVISED CODE who ceases to be a teacher for any
cause other than death, retirement, receipt of a disability 5,140
benefit, or election of an alternative retirement plan under 5,141
section 3305.05 of the Revised Code, upon application, shall be
paid the accumulated contributions standing to the credit of the 5,143
member's individual account in the teachers' savings fund plus an 5,144
amount calculated in accordance with section 3307.80 3307.563 of 5,145
the Revised Code. If the member or the member's legal 5,147
representative cannot be found within ten years after the member 5,149
ceased making contributions pursuant to section 3307.51 3307.26 5,150
of the Revised Code, the accumulated contributions may be 5,153
110
transferred to the guarantee fund and thereafter paid to the 5,154
member, to the member's beneficiaries, or to the member's estate, 5,155
upon proper application.
(2) A member described in division (A)(1) of this section 5,158
who is married at the time of application for payment and is
eligible for age and service retirement under section 3307.38 5,159
3307.58 or 3307.39 3307.59 of the Revised Code shall submit with 5,162
the application a written statement by the member's spouse
attesting that the spouse consents to the payment of the member's 5,163
accumulated contributions. Consent shall be valid only if it is 5,164
signed and witnessed by a notary public. If the statement is not 5,166
submitted under this division, the application shall be
considered an application for service retirement and shall be 5,167
subject to division (F)(1) of section 3307.50 3307.60 of the 5,168
Revised Code. 5,169
(B) This division applies to any member who ceases to be a 5,172
teacher by electing an alternative retirement plan pursuant to 5,173
section 3305.05 of the Revised Code and who is not otherwise 5,174
employed as a teacher in a position to which the election does 5,175
not apply. For purposes of this division, "continuously 5,176
employed" has the same meaning as in section 3305.01 of the 5,177
Revised Code. 5,178
(1) Subject to sections 3307.47 3307.37 and 3307.72 5,180
3307.561 of the Revised Code, upon application of any member to 5,183
whom this division applies who is continuously employed, the 5,184
state teachers retirement board shall pay the accumulated 5,185
contributions standing to the credit of the member's individual 5,186
account in the teachers' savings fund plus an amount calculated 5,187
in accordance with section 3307.80 3307.563 of the Revised Code 5,188
to the entity providing the alternative retirement plan for 5,190
application to that plan in accordance with any contract the 5,191
member has entered into for purposes of that plan. 5,192
(2) Subject to sections 3307.47 3307.37 and 3307.72 5,194
3307.561 of the Revised Code, upon application of any member to 5,197
111
whom this division applies who has ceased to be continuously 5,198
employed, the state teachers retirement board shall pay the 5,199
accumulated contributions standing to the credit of the member's 5,200
individual account in the teachers' savings fund plus an amount 5,202
calculated in accordance with section 3307.80 3307.563 of the 5,204
Revised Code to the entity providing the alternative retirement 5,205
plan for application to that plan in accordance with any contract 5,206
the member has entered into for purposes of that plan. 5,207
Sec. 3307.47 3307.561. A member of the state teachers 5,216
retirement system PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 5,217
3307.50 TO 3307.79 OF THE REVISED CODE who has ceased to be a 5,219
teacher, and who is also a member of either the public employees
retirement system or the school employees retirement system, or 5,220
both, may not withdraw his THE MEMBER'S accumulated contributions 5,222
unless he THE MEMBER also withdraws his THE MEMBER'S 5,223
contributions from such THE other systems. 5,224
Sec. 3307.48 3307.562. (A) As used in this section and 5,233
section 3307.49 3307.66 of the Revised Code: 5,235
(1) "Child" means a biological or legally adopted child of 5,239
a deceased member. If a court hearing for an interlocutory 5,240
decree for adoption was held prior to the member's death, "child" 5,241
includes the child who was the subject of the hearing if a final 5,242
decree of adoption adjudging the member's spouse as the adoptive 5,243
parent is made subsequent to the member's death. 5,244
(2) "Parent" is a parent or legally adoptive parent of a 5,247
deceased member. 5,248
(3) "Dependent" means a beneficiary who receives one-half 5,250
of the beneficiary's support from a member during the twelve 5,251
months prior to the member's death. 5,252
(4) "Surviving spouse" means an individual who establishes 5,255
a valid marriage to a member at the time of the member's death by 5,256
marriage certificate or pursuant to division (E) of this section. 5,257
(5) "Survivor" means a spouse, child, or dependent parent. 5,260
(B) Except as provided in division (G)(1)(B) of section 5,263
112
3307.49 3307.563 or division (B)(G)(1) of section 3307.80 3307.66 5,265
of the Revised Code, should a member WHO IS PARTICIPATING IN THE 5,266
PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE 5,267
die before service retirement, the member's accumulated 5,268
contributions, plus an amount calculated in accordance with 5,269
section 3307.80 3307.563 of the Revised Code, and any amounts 5,270
owed and unpaid to a disability benefit recipient shall be paid 5,271
to such beneficiaries as the member has nominated by written 5,273
designation signed by the member and filed with the state 5,275
teachers retirement board prior to death. The nomination of 5,276
beneficiary shall be on a form provided by the retirement board.
The last nomination of any beneficiary revokes all previous 5,278
nominations. The member's marriage, divorce, marriage 5,279
dissolution, legal separation, or withdrawal of account, or the 5,280
birth of the member's child, or the member's adoption of a child, 5,281
shall constitute an automatic revocation of the member's previous 5,282
designation. If a deceased member was also a member of the 5,283
public employees retirement system or the school employees 5,284
retirement system, the beneficiary last established among the
systems shall be the sole beneficiary in all the systems. 5,285
Any beneficiary ineligible for monthly survivor benefits as 5,287
provided by section 3307.49 3307.66 of the Revised Code may waive 5,289
in writing all claim to any benefits and such waiver shall 5,290
thereby put in effect the succession of beneficiaries under 5,291
division (C) of this section, provided the beneficiary thereunder 5,292
is immediately eligible and agrees in writing to accept survivor 5,293
benefits as provided by section 3307.49 3307.66 of the Revised 5,294
Code. If the accumulated contributions of a deceased member are 5,296
not claimed by a beneficiary, or by the estate of the deceased 5,297
member, within ten years, they shall be transferred to the 5,298
guarantee fund and thereafter paid to such beneficiary or to the 5,299
member's estate upon application to the board. The board shall 5,300
formulate and adopt rules governing all designations of 5,301
beneficiaries. 5,302
113
(C) Except as provided in division (G)(1) of section 5,304
3307.49 3307.66 of the Revised Code, if a member dies before 5,305
service retirement and is not survived by a designated 5,308
beneficiary, any beneficiaries shall qualify, in the following 5,309
order of precedence, with all attendant rights and privileges: 5,310
(1) Surviving spouse; 5,312
(2) Children, share and share alike; 5,314
(3) A dependent parent, if that parent elects to take 5,316
survivor benefits under division (C)(2) of section 3307.49 5,317
3307.66 of the Revised Code; 5,319
(4) Parents, share and share alike; 5,321
(5) Estate. 5,323
If any survivor dies before payment is made under this 5,325
section or is not located prior to the ninety-first day after the 5,326
board receives notification of the member's death, the survivor 5,327
next in order of precedence shall qualify as a beneficiary, 5,328
provided that benefits under division (C)(2) of section 3307.49 5,329
3307.66 of the Revised Code are elected. In the event that the 5,330
beneficiary originally determined is subsequently located, the 5,331
beneficiary may qualify for benefits under division (C)(2) of 5,332
section 3307.49 3307.66 of the Revised Code upon meeting the 5,333
conditions of eligibility set forth in division (B) of that 5,335
section, but in no case earlier than the first day of the month 5,336
following application by such beneficiary. Any payment made to a 5,337
beneficiary as determined by the board shall be a full discharge 5,338
and release to the board from any future claims. 5,339
(D) Any amount due any person, as an annuitant, receiving 5,341
a monthly benefit, and unpaid to the annuitant at death, shall be 5,343
paid to the beneficiary named by written designation signed by
the annuitant and filed with the board. If no such designation 5,345
has been filed, or if the beneficiary designated is deceased or
is not located prior to the ninety-first day after the board 5,346
receives notification of the annuitant's death, such amount shall 5,347
be paid, in the following order of precedence to the annuitant's: 5,348
114
(1) Surviving spouse; 5,350
(2) Children, share and share alike; 5,352
(3) Parents, share and share alike; 5,354
(4) Estate. 5,356
For purposes of this division an "annuitant" is the last 5,358
person who received a monthly benefit pursuant to the plan of 5,359
payment selected by the former member. Such payment shall be a 5,360
full discharge and release to the board from any future claim for 5,361
such payment. 5,362
(E) If the validity of marriage cannot be established to 5,364
the satisfaction of the board for the purpose of disbursing any 5,365
amount due under this section or section 3307.49 3307.66 of the 5,367
Revised Code, the board may accept a decision rendered by a court 5,368
having jurisdiction in the state in which the member was 5,369
domiciled at the time of death that the relationship constituted 5,370
a valid marriage at the time of death, or the "spouse" would have 5,371
the same status as a widow or widower for purposes of sharing the 5,372
distribution of the member's intestate personal property. 5,373
If the death of a member is caused by one of the following 5,376
beneficiaries, no amount due under this chapter to the 5,377
beneficiary shall be paid to the beneficiary in the absence of a 5,378
court order to the contrary filed with the board: 5,379
(1) A beneficiary who is convicted of, pleads guilty to, 5,381
or is found not guilty by reason of insanity of a violation of or 5,383
complicity in the violation of either of the following: 5,384
(a) Section 2903.01, 2903.02, or 2903.03 of the Revised 5,387
Code;
(b) An existing or former law of any other state, the 5,390
United States, or a foreign nation that is substantially 5,392
equivalent to section 2903.01, 2903.02, or 2903.03 of the Revised 5,394
Code; 5,395
(2) A beneficiary who is indicted for a violation of or 5,397
complicity in the violation of the sections or laws described in 5,398
division (F)(1)(a) or (b) of this section and is adjudicated 5,400
115
incompetent to stand trial;
(3) A beneficiary who is a juvenile found to be a 5,402
delinquent child by reason of committing an act that, if 5,403
committed by an adult, would be a violation of or complicity in 5,404
the violation of the sections or laws described in division 5,406
(F)(1)(a) or (b) of this section. 5,407
Sec. 3307.80 3307.563. For the purposes of this section, 5,416
"service credit" includes only service credit obtained pursuant 5,418
to sections 3307.28 3307.53, 3307.31 3307.71, 3307.512 3307.72, 5,420
and 3307.73 3307.77 of the Revised Code.
(A) The state teachers retirement system shall add to a 5,422
member's accumulated contributions to be paid under section 5,423
3307.46 3307.56 or 3307.48 3307.562 of the Revised Code an amount 5,426
paid from the employers' trust fund equal to one of the
following:
(1) If the member has less than three full years of 5,428
service credit, an amount equal to interest on the member's 5,429
accumulated contributions, compounded annually, at a rate not 5,431
greater than four per cent established by the board;
(2) If the member has three or more full years of service 5,433
credit, but less than five full years, an amount equal to 5,434
interest on the member's accumulated contributions, compounded 5,436
annually, at a rate not greater than six per cent established by
the board; 5,437
(3) If the member has five or more full years of service 5,439
credit, the sum of the following amounts: 5,440
(a) An amount equal to interest on the member's 5,442
accumulated contributions, compounded annually, at a rate not 5,444
greater than six per cent established by the board; 5,445
(b) An amount equal to fifty per cent of the sum of the 5,447
member's contributions and payments under sections 3307.28 5,448
3307.26, 3307.51 3307.71, and 3307.512 3307.77 of the Revised 5,450
Code plus an amount equal to interest on that amount at a rate 5,451
not greater than six per cent established by the board. 5,453
116
Interest for each year included in the calculation under 5,455
this section shall be calculated from the first day of the 5,456
following year to the last day of the month preceding payment 5,458
under section 3307.46 3307.56 or 3307.48 3307.562 of the Revised 5,459
Code.
(B) Notwithstanding sections 3307.46 3307.56 and 3307.48 5,462
3307.562 of the Revised Code, neither the beneficiaries, 5,463
survivors, nor estate of a deceased member who was granted
disability benefits prior to death is eligible for the payment of 5,464
any amount calculated under this section. 5,465
Sec. 3307.41 3307.57. To coordinate and integrate 5,474
membership in the state retirement systems, the following 5,476
provisions apply:
(A) As used in this section: 5,478
(1) "Retirement systems" means the public employees 5,480
retirement system, the state teachers retirement system, and the 5,481
school employees retirement system. 5,482
(2) In addition to the meaning given in division (L) of 5,484
section 3307.01 3307.50 of the Revised Code, "disability benefit" 5,485
means "disability benefit" as defined in sections 145.01 and 5,487
3309.01 of the Revised Code. 5,488
(B) At the member's option OF A MEMBER PARTICIPATING IN 5,490
THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED 5,491
CODE, total contributions and service credit in all retirement 5,492
systems shall be used in determining the eligibility for 5,493
benefits. If total contributions and service credit are 5,494
combined, the following provisions apply:
(1) Service retirement or a disability benefit is 5,496
effective on the first day of the month next following the later 5,497
of: 5,498
(a) The last day for which compensation was paid; 5,500
(b) The attainment of minimum age or service credit for 5,502
benefits provided under this section. 5,503
(2) "Total service credit" includes the total credit in 5,505
117
all retirement systems except that such credit shall not exceed 5,506
one year for any period of twelve months. 5,507
(3) In determining eligibility for a disability benefit, 5,509
the medical examiner's report to the board of any retirement 5,510
system, showing that the member's disability incapacitates him 5,511
THE MEMBER for the performance of duty, may be accepted as 5,513
sufficient for granting a disability benefit. 5,514
(4) The retirement system in which the member had the 5,516
greatest service credit, without adjustment, shall determine and 5,517
pay the total benefit. If his THE MEMBER'S credit is equal in 5,518
two or more retirement systems, the system having the member's 5,520
largest total contributions shall determine and pay the total 5,521
benefit.
(5) In determining the total credit to be used in 5,523
calculating a benefit, credit shall not be reduced below that 5,524
certified by the system or systems transferring credit, except 5,525
that such total combined service credit shall not exceed one year 5,526
of credit for any one "year" as defined in the statute governing 5,527
the system making the calculation. 5,528
(6) The retirement system determining and paying the 5,530
benefit shall receive from the other system or systems the 5,531
member's refundable account at retirement or the effective date 5,532
of a disability benefit plus an equal amount from the employers' 5,533
trust fund. 5,534
(a) The annuity rates and mortality tables of the 5,536
retirement system making the calculation and paying the benefit 5,537
shall be applicable. 5,538
(b) Deposits made for the purchase of additional income, 5,540
with guaranteed interest, upon the member's request, shall be 5,541
transferred to the retirement system paying the regular benefit. 5,542
The return upon such deposits shall be that offered by the 5,543
retirement system making the calculation and paying the regular 5,544
benefit. 5,545
(C) A person receiving a benefit under this section, who 5,547
118
accepts employment amenable to coverage in any retirement system 5,548
that participated in his THE PERSON'S combined benefit, shall be 5,549
subject to the applicable provisions of law governing such 5,551
re-employment. If the person is subject to section 3307.381 5,552
3307.35 of the Revised Code and exceeds the limits on 5,553
re-employment established by that section, the retirement system 5,554
paying a combined benefit shall terminate the entire pension 5,555
portion of the benefit for the period of re-employment that 5,556
exceeds the limit in that section.
If a retirant should be paid any amount to which he THE 5,558
RETIRANT is not entitled under the applicable provisions of law 5,560
governing such re-employment, such amount shall be recouped by 5,561
the retirement system paying such benefit by utilizing any 5,562
recovery procedure available under the law of the retirement 5,563
system covering such re-employment. 5,564
Sec. 3307.38 3307.58. Any member PARTICIPATING IN THE PLAN 5,573
DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE who 5,574
has five years of service credit and has attained age sixty, or 5,576
who has twenty-five years of service credit and has attained age 5,577
fifty-five, or who has thirty years of service credit shall be 5,578
granted service retirement after filing with the state teachers 5,579
retirement board a completed application on a form approved by 5,580
the board.
(A) Service retirement shall be effective on the first day 5,582
of the month next following the later of: 5,583
(1) The last day for which compensation was paid; or 5,585
(2) The attainment of minimum age or service credit 5,587
eligibility for benefits provided under this section. 5,588
Except as otherwise provided in division (D)(E) of this 5,590
section, the service retirement benefit shall be the greater of 5,591
the benefits provided in divisions (B) and (C)(D) of this 5,592
section. 5,593
(B)(1) Subject to any adjustment made under division 5,595
(B)(2)(C) of this section, the annual single lifetime benefit of 5,597
119
a member shall be the greater of the amounts determined by the 5,598
member's Ohio service credit multiplied by one of the following: 5,600
(a)(1) Eighty-six dollars; 5,602
(b) Two (2)(a) THE SUM OF THE FOLLOWING AMOUNTS: 5,604
(i) FOR EACH OF THE FIRST THIRTY YEARS OF OHIO SERVICE 5,606
CREDIT, TWO and one-tenth TWO-TENTHS per cent of the member's 5,608
final average salary, except that OR, SUBJECT TO THE LIMITATION 5,610
DESCRIBED IN DIVISION (B)(2)(b) OF THIS SECTION, TWO AND 5,611
FIVE-TENTHS PER CENT OF THE MEMBER'S FINAL AVERAGE SALARY IF THE 5,612
MEMBER HAS THIRTY-FIVE OR MORE YEARS OF SERVICE CREDIT UNDER 5,613
SECTION 3307.53, 3307.57, 3307.761, OR 3307.77 OF THE REVISED 5,615
CODE, SECTION 3307.72 OF THE REVISED CODE EARNED AFTER JULY 1, 5,616
1978, OR ANY COMBINATION OF SERVICE CREDIT UNDER THOSE SECTIONS; 5,617
(ii) FOR EACH YEAR OR FRACTION OF A YEAR OF OHIO SERVICE 5,619
CREDIT IN EXCESS OF THIRTY YEARS, TWO AND TWO-TENTHS PER CENT OF 5,621
THE MEMBER'S FINAL AVERAGE SALARY OR, SUBJECT TO THE LIMITATION 5,623
DESCRIBED IN DIVISION (B)(2)(b) OF THIS SECTION, THE PER CENT OF 5,625
FINAL AVERAGE SALARY SHOWN IN THE FOLLOWING SCHEDULE if the 5,626
member has more than thirty years service credit earned under 5,627
section 3307.31 3307.53, 3307.57, 3307.761, or purchased under 5,628
section 3307.512 3307.77 of the Revised Code, the per cent shall 5,631
be the per cent shown in the following schedule times the
member's final average salary for each corresponding year or 5,632
fraction of a year of service credit earned or purchased under 5,633
those sections that is in excess of thirty years SECTION 3307.72 5,634
OF THE REVISED CODE EARNED AFTER JULY 1, 1978, OR ANY COMBINATION 5,635
OF SERVICE CREDIT UNDER THOSE SECTIONS: 5,636
Year Per Year Per 5,639
of Cent of Cent 5,640
Service for that Service for that 5,642
Credit Year Credit Year 5,643
30.01-3100 31.00 2.5% 37.01-3800 38.00 3.2% 5,645
31.01-3200 32.00 2.6 38.01-3900 39.00 3.3 5,647
32.01-33.00 2.7 39.01-40.00 3.4 5,648
120
33.01-34.00 2.8 40.01-41.00 3.5 5,649
34.01-35.00 2.9 41.01-42.00 3.6 5,650
35.01-36.00 3.0 42.01-43.00 3.7 5,651
36.01-37.00 3.1 5,652
For purposes of this schedule, years of service credit shall be 5,656
rounded to the nearest one-hundredth of a year.
(b) FOR PURPOSES OF DIVISION (B)(2)(a) OF THIS SECTION, A 5,659
PERCENTAGE OF FINAL AVERAGE SALARY IN EXCESS OF TWO AND 5,660
TWO-TENTHS PER CENT SHALL BE APPLIED TO SERVICE CREDIT UNDER 5,661
SECTION 3307.41 OR 3307.412 OF THE REVISED CODE ONLY IF THE 5,662
SERVICE CREDIT WAS ESTABLISHED BY CONTRIBUTIONS MADE UNDER 5,663
SECTION 145.47, 742.31, 3309.47, 3309.58, OR 5505.15 OF THE 5,664
REVISED CODE OR RESTORED UNDER SECTION 145.31, 742.371, 3309.26, 5,665
OR 5505.20 OF THE REVISED CODE.
(2)(C) The annual single lifetime benefit of a member 5,667
determined under division (B)(1) of this section shall be 5,668
adjusted by the greater per cent shown in the following schedule 5,669
opposite the member's attained age or Ohio service credit. 5,670
Years of Per Cent 5,672
Attained or Ohio Service of Base 5,673
Age Credit Amount 5,674
58 25 75% 5,675
59 26 80 5,676
60 27 85 5,677
61 88 5,678
28 90 5,679
62 91 5,680
63 94 5,681
29 95 5,682
64 97 5,683
65 30 or more 100 5,684
Members shall vest the right to a benefit in accordance 5,687
with the following schedule, based on the member's attained age 5,688
by September 1, 1976: 5,689
121
Per Cent 5,691
Attained of Base 5,692
Age Amount 5,693
66 102% 5,695
67 104 5,696
68 106 5,697
69 108 5,698
70 or more 110 5,699
(3) The annual single lifetime benefit determined under 5,702
this division (B) OF THIS SECTION shall not exceed the lesser of 5,704
one hundred per cent of the final average salary or the limit 5,706
established by section 415 of the "Internal Revenue Code of 5,707
1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended. 5,708
(C)(D) The annual single lifetime benefit of a member 5,710
shall not exceed the lesser of the sum of the following amounts 5,711
or the limit established by section 415 of the "Internal Revenue 5,712
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended: 5,713
(1) An annuity with a reserve equal to the member's 5,715
accumulated contributions; 5,716
(2) A pension equal to the amount in division (C)(D)(1) of 5,718
this section; 5,719
(3) An additional pension of forty dollars annually 5,721
multiplied by the number of years of prior and military service 5,722
credit, except years of credit purchased under section 3307.021 5,723
3307.751 OR 3307.752 of the Revised Code; 5,726
(4) An additional basic annual pension of one hundred 5,728
eighty dollars, provided the member had ten or more years of Ohio 5,729
service credit as of October 1, 1956, except that the additional 5,731
basic annual pension shall not exceed the sum of the annual
benefits provided by divisions (C)(D)(1), (2), and (3) of this 5,732
section. 5,733
(D)(E) Benefits determined under this section shall be 5,735
paid as provided in section 3307.50 3307.60 of the Revised Code. 5,736
Sec. 3307.39 3307.59. (A) A recipient of a disability 5,745
122
allowance under section 3307.431 3307.631 of the Revised Code who 5,747
is subject to division (C)(3) of that section may make 5,749
application for service retirement under this section. 5,750
Retirement shall be effective on the first day of the first month 5,751
following the last day for which the disability allowance is 5,752
paid.
(B) The annual allowance payable under this section shall 5,754
consist of the sum of the amounts determined under divisions 5,755
(B)(1) and (2) of this section: 5,756
(1) The greater of the following: 5,758
(a) An allowance calculated as provided in section 3307.38 5,760
3307.58 of the Revised Code, excluding any period during which 5,761
the applicant received a disability benefit under section 5,762
3307.431 3307.631 of the Revised Code; 5,764
(b) An allowance calculated by multiplying the applicant's 5,766
total service credit, including service credit for the last 5,767
continuous period during which he THE APPLICANT received a 5,768
disability benefit under section 3307.431 3307.631 of the Revised 5,770
Code, by two and one-tenth TWO-TENTHS per cent of his THE 5,771
APPLICANT'S final average salary, except that the allowance shall 5,774
be determined without application of division (B) of section 5,775
3307.013 3307.501 of the Revised Code and shall not exceed 5,776
forty-five per cent of the applicant's final average salary. 5,777
(2) An amount equal to the additional allowance the 5,779
recipient would receive under section 3307.403 3307.67 of the 5,780
Revised Code, plus any other additional amount he THE RECIPIENT 5,782
would receive under this chapter, had he THE RECIPIENT retired 5,784
under section 3307.38 3307.58 of the Revised Code effective on 5,786
the effective date of his THE RECIPIENT'S most recent continuous 5,788
period of receipt of a disability benefit under section 3307.431 5,789
3307.631 of the Revised Code.
(C) The allowance calculated under division (B) of this 5,791
section, exclusive of any amount added under division (B)(2) of 5,792
this section based on section 3307.403 3307.67 of the Revised 5,793
123
Code, shall be the base for all future additional allowances 5,795
under section 3307.403 3307.67 of the Revised Code. 5,796
The anniversary date for future additional allowances under 5,798
section 3307.403 3307.67 of the Revised Code shall be the 5,799
effective date of the recipient's most recent continuous period 5,801
of receipt of a disability benefit under section 3307.431 5,802
3307.631 of the Revised Code. 5,803
(D) The retirement allowance determined under this section 5,805
shall be paid as provided in section 3307.38 3307.58 of the 5,806
Revised Code. 5,807
Sec. 3307.50 3307.60. (A) Upon application for retirement 5,816
as provided in section 3307.38 3307.58 or 3307.39 3307.59 of the 5,818
Revised Code, the retirant may elect to receive a single lifetime 5,819
benefit, or may elect to receive the actuarial equivalent of the 5,821
retirant's benefit in a lesser amount, payable for life, and 5,822
continuing after death to a beneficiary under one of the 5,824
following optional plans:
(1) Option 1. The retirant's lesser benefit shall be paid 5,826
for life to the sole beneficiary named at retirement. 5,828
(2) Option 2. Some other portion of the retirant's 5,830
benefit shall be paid for life to the sole beneficiary named at 5,832
retirement. The beneficiary's monthly amount shall not exceed 5,834
the monthly amount payable to the retirant during the retirant's 5,835
lifetime.
(3) Option 3. The retirant's lesser benefit established 5,837
as provided under option 1 or option 2 shall be paid for life to 5,839
the sole beneficiary named at retirement, except that in the 5,841
event of the death of the sole beneficiary or termination of a 5,842
marital relationship between the retirant and the sole 5,843
beneficiary the retirant may elect to return to a single lifetime 5,844
benefit equivalent as determined by the state teachers retirement 5,845
board, if, in the case of termination of a marital relationship, 5,847
the election is made with the written consent of the beneficiary 5,848
or pursuant to an order of the court with jurisdiction over 5,849
124
termination of the marital relationship. 5,850
(4) Option 4. Upon the retirant's death before the 5,852
expiration of a certain period from the retirement date and 5,854
elected by the retirant, and approved by the board, the 5,856
retirant's benefit shall be continued for the remainder of such 5,858
period to the beneficiary. Monthly benefits shall not be paid to 5,859
joint beneficiaries, but they may receive the present value of 5,860
any remaining payments in a lump sum settlement. If all 5,861
beneficiaries die before the expiration of the certain period, 5,862
the present value of all payments yet remaining in such period 5,863
shall be paid to the estate of the beneficiary last receiving. 5,864
(5) Option 5. A plan of payment established by the state 5,866
teachers retirement board combining any of the features of 5,867
options 1, 2, and 4. 5,868
(B) Until the first payment is made to a former member 5,870
under section 3307.38 3307.58 or 3307.39 3307.59 of the Revised 5,872
Code, the former member may change the selection of a plan of 5,874
payment. If death occurs prior to an election of a plan of 5,876
payment, option 1 shall be paid to the spouse or other sole 5,877
dependent beneficiary.
(C) If the total benefit paid under this section is less 5,879
than the balance in the teachers' savings fund, the difference 5,881
shall be paid to the beneficiary provided under division (D) of 5,882
section 3307.48 3307.562 of the Revised Code. 5,883
(D) In the case of a retirant who elected an optional plan 5,885
prior to September 15, 1989: 5,886
(1) The death of the spouse or other designated 5,888
beneficiary following retirement shall, at the election of the 5,889
retirant, cancel any optional plan selected at retirement to 5,890
provide continuing lifetime benefits to the spouse or other 5,891
beneficiary and return the retirant to a single lifetime benefit 5,893
equivalent as determined by the board.
(2) A divorce, annulment, or marriage dissolution shall, 5,895
at the election of the retirant, cancel any optional plan 5,896
125
selected at retirement to provide continuing lifetime benefits to 5,897
the spouse as designated beneficiary and return the retirant to a 5,899
single lifetime benefit equivalent as determined by the board if 5,901
the election is made with the written consent of the beneficiary 5,902
or pursuant to an order of a court of common pleas or the court 5,903
of another state with jurisdiction over the termination of the 5,904
marriage.
(E) Following marriage or remarriage, a retirant may elect 5,906
a new optional plan of payment based on the actuarial equivalent 5,907
of the retirant's single lifetime benefit, as determined by the 5,909
board, except that if the retirant is receiving a retirement 5,910
allowance under an optional plan that provides for continuation 5,911
of benefits after death to a former spouse, the retirant may 5,912
elect a new optional plan of payment only with the written 5,913
consent of the former spouse or pursuant to an order of the court 5,914
with jurisdiction over the termination of the marriage. Such 5,915
plan shall become effective the first of the month following an 5,916
application on a form approved by the board. 5,917
(F)(1) Unless one of the following occurs, an application 5,919
for service retirement made pursuant to section 3307.38 3307.58 5,920
or 3307.39 3307.59 of the Revised Code by a married person shall 5,922
be considered an election of a benefit under option 2 as provided 5,923
for in division (A)(2) of this section under which one-half of 5,924
the lesser benefit payable during the life of the retirant will 5,925
be paid after death to the retirant's spouse for life as sole 5,926
beneficiary:
(a) The retirant selects an optional plan under division 5,928
(A) of this section providing for payment after death to the 5,930
retirant's spouse for life as sole beneficiary of more than 5,931
one-half of the lesser benefit payable during the life of the 5,932
retirant.
(b) The retirant submits to the retirement board a written 5,934
statement signed by the spouse attesting that the spouse consents 5,935
to the retirant's election to receive a single lifetime annuity 5,938
126
or a payment under an optional benefit plan under which after the 5,939
death of the retirant the surviving spouse will receive less than 5,940
one-half of the lesser benefit payable during the life of the 5,941
retirant.
(2) An application for retirement shall include an 5,943
explanation of all of the following: 5,944
(a) That, if the member is married, unless the spouse 5,947
consents to another plan of payment, the member's retirement 5,948
allowance will be paid under "option 2" and consist of the 5,949
actuarial equivalent of the member's retirement allowance in a 5,950
lesser amount payable for life and one-half of the lesser 5,951
allowance continuing after death to the surviving spouse for the
life of the spouse; 5,952
(b) A description of the alternative plans of payment 5,955
available with the consent of the spouse;
(c) That the spouse may consent to another plan of payment 5,958
and the procedure for giving consent;
(d) That consent is irrevocable once notice of consent is 5,960
filed with the board. 5,961
Consent shall be valid only if it is signed, in writing, 5,963
and witnessed by a notary public. 5,964
(3) If the retirant does not select an optional plan of 5,966
payment as described in division (F)(1)(a) of this section and 5,967
the board does not receive the written statement provided for in 5,968
division (F)(1)(b) of this section, it shall determine and pay 5,969
the retirement allowance in accordance with this division, except 5,971
that the board may provide by rule for waiver by the board of the 5,972
statement and payment of the benefits other than in accordance 5,973
with this division or payment under section 3307.46 3307.56 of 5,974
the Revised Code if the retirant is unable to obtain the 5,977
statement due to absence or incapacity of the spouse or other 5,978
cause specified by the board. 5,979
(G) For the purpose of determining actuarial equivalence 5,981
under this section, on the advice of an actuary employed by the 5,982
127
board, the board shall adopt mortality tables that may take into 5,983
consideration the membership experience of the state teachers 5,984
retirement system and may also include the membership experience 5,985
of the public employees retirement system and the school 5,986
employees retirement system. 5,987
Sec. 3307.405 3307.61. The board of the state teachers 5,996
retirement system BOARD shall make available to each member or 5,998
former member receiving a monthly allowance or benefit UNDER 6,000
SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE on or after 6,001
January 1, 1968, who has attained the age of sixty-five years, 6,002
and who is not eligible to receive hospital insurance benefits 6,003
under the federal old age, survivors, and disability insurance 6,004
program, hospital insurance coverage substantially equivalent to 6,005
the federal hospital insurance benefits, Social Security 6,006
Amendments of 1965, 79 Stat. 291, 42 U.S.C.A. 1395c, as amended. 6,007
This coverage shall also be made available, to the wife, husband, 6,008
widow, or widower of such member or former member, provided such 6,009
wife, husband, widow, or widower has attained age sixty-five and 6,010
is not eligible to receive hospital insurance benefits under the 6,011
federal old age, survivors, and disability insurance program. 6,012
The widow or widower of a member or former member shall be 6,013
eligible for such coverage only if he or she is the recipient of 6,014
a monthly allowance or benefit from this system. One-half of the 6,015
cost of the premium for such coverage shall be paid from the 6,016
appropriate funds of the state teachers retirement system and 6,017
one-half by the recipient of the allowance or benefit. 6,018
The cost of such coverage, paid from the funds of the 6,020
system, shall be included in the employer's contribution rate 6,021
provided by sections 3307.53 3307.28, 3307.56 3307.30, and 6,023
3307.64 3307.31 of the Revised Code. The retirement board is 6,024
authorized to make all necessary rules pursuant to the purpose 6,025
and intent of this section, and shall contract for such coverage 6,026
as provided in section 3307.74 3307.39 of the Revised Code. 6,028
Notwithstanding sections 3307.53 3307.28, 3307.56 3307.30, 6,031
128
and 3307.64 3307.31 of the Revised Code, the employer's 6,032
contribution rate shall not be increased until July 1, 1969, or 6,033
later to reflect the increased costs created by this section. 6,034
Sec. 3307.42 3307.62. (A) The state teachers retirement 6,043
system shall provide disability coverage to each member 6,045
PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 6,046
3307.79 OF THE REVISED CODE who has at least five years of total 6,047
service credit.
Not later than October 16, 1992, the state teachers 6,049
retirement board shall give each person who is a member on July 6,050
29, 1992, the opportunity to elect disability coverage either 6,052
under FORMER section 3307.43 of the Revised Code or under FORMER 6,054
section 3307.431 of the Revised Code. The board shall mail 6,056
notice of the election, accompanied by an explanation of the 6,057
coverage under each of the Revised Code sections and a form on 6,058
which the election is to be made, to each member at the member's 6,059
last known address. The board shall also provide the explanation
and form to any member on the member's request. 6,060
Regardless of whether the member actually receives notice 6,062
of the right to make an election, a member who fails to file a 6,064
valid election under this section shall be considered to have
elected disability coverage under section 3307.43 3307.63 of the 6,066
Revised Code. To be valid, an election must be made on the form 6,067
provided by the retirement board, signed by the member, and filed 6,068
with the board not later than one hundred eighty days after the 6,069
date the notice was mailed, or, in the case of a form provided at 6,070
the request of a member, a date specified by rule of the 6,071
retirement board. Once made, an election is irrevocable, but if 6,072
the member ceases to be a member of the retirement system, the 6,073
election is void. If a person who makes an election under this 6,074
section also makes an election under section 145.35 or 3309.39 of 6,075
the Revised Code, the election made for the system that pays a 6,076
disability benefit to that person shall govern the benefit. 6,077
Disability coverage shall be provided under section 6,079
129
3307.431 3307.631 of the Revised Code for persons who become 6,080
members after July 29, 1992, and for members who elect under this 6,083
division to be covered under section 3307.431 3307.631 of the 6,085
Revised Code.
The retirement board may adopt rules governing elections 6,087
made under this division. 6,088
(B) Application for a disability benefit may be made by a 6,090
member, by a person acting in the member's behalf, or by the 6,091
member's employer, provided IF the member IS PARTICIPATING IN THE 6,093
PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED 6,094
CODE, has at least five years of total service credit, and has 6,097
disability coverage under section 3307.43 3307.63 or 3307.431 6,098
3307.631 of the Revised Code. The application for a disability 6,100
benefit shall be made on a form approved by the state teachers 6,101
retirement board. The benefit payable to any member whose 6,102
application is approved shall become effective on the first day 6,103
of the month next following the later of the following:
(1) The last day for which compensation was paid; 6,105
(2) The attainment of eligibility for a disability 6,107
benefit. 6,108
(C) Medical examination of the member shall be conducted 6,110
by a competent, disinterested physician or physicians selected by 6,111
the retirement board to determine whether the member is mentally 6,112
or physically incapacitated for the performance of duty by a 6,113
disabling condition, either permanent or presumed to be permanent 6,114
for twelve continuous months following the filing of an 6,115
application. The disability must have occurred since last 6,117
becoming a member, or it must have increased since last becoming 6,118
a member to such an extent as to make the disability permanent or 6,119
presumably permanent for twelve continuous months following the 6,120
filing of an application. 6,121
(D) Application for a disability benefit must be made 6,123
within two years from the date the member's contributing service 6,124
terminated, unless the retirement board determines that the 6,125
130
member's medical records demonstrate conclusively that at the 6,126
time the two-year period expired, the member was physically or 6,127
mentally incapacitated for duty as a teacher and unable to make 6,128
application. Application may not be made by any person receiving 6,129
service retirement benefits under section 3307.38 3307.58 or 6,130
3307.39 3307.59 of the Revised Code or any person who, pursuant 6,132
to section 3307.46 3307.56 of the Revised Code, has been paid the 6,133
accumulated contributions standing to the credit of the person's 6,135
individual account in the teachers' savings fund. 6,136
(E) If the physician or physicians determine that the 6,140
member qualifies for a disability benefit, the retirement board 6,141
concurs with the determination, and the member agrees to medical 6,142
treatment as specified in division (G) of this section, the 6,143
member shall receive a disability benefit under section 3307.43 6,144
3307.63 or 3307.431 3307.631 of the Revised Code. If such 6,146
physician or physicians determine that the member does not 6,147
qualify for a disability benefit, the report of the examiner or 6,148
examiners shall be evaluated by a board of medical review 6,149
composed of three physicians appointed by the retirement board. 6,150
(F) The state teachers retirement board shall render an 6,152
order determining whether or not the applicant shall be granted a 6,153
disability benefit. Notification to the applicant shall be 6,154
issued, and upon the request of an applicant who is denied a 6,155
disability benefit, a hearing or appeal relative to such order 6,156
shall be conducted in accordance with procedures established by 6,157
the retirement board. 6,158
(G) The state teachers retirement board shall adopt rules 6,161
requiring each disability benefit recipient, as a condition of 6,162
continuing to receive a disability benefit, to agree in writing 6,163
to obtain any medical treatment recommended by the board's 6,164
physician and submit medical reports regarding the treatment. If 6,166
the board determines that a disability benefit recipient is not 6,167
obtaining the medical treatment or the board does not receive a
required medical report, the disability benefit shall be 6,168
131
suspended until the treatment is obtained, the report is received 6,170
by the board, or the board's physician certifies that the 6,171
treatment is no longer helpful or advisable. Should the 6,173
recipient's failure to obtain treatment or submit a medical
report continue for one year, the recipient's right to the 6,175
disability benefit shall be terminated as of the effective date 6,176
of the original suspension.
(H) If an employer files an application for a disability 6,178
benefit as a result of a member having been separated from 6,179
service because the member is considered to be incapacitated for 6,181
the performance of duty, and the board denies the disability
benefit, the board shall so certify to the employer and such THE 6,182
employer shall restore the member to the member's previous 6,184
position and salary or to a similar position and salary. 6,185
Sec. 3307.43 3307.63. A member PARTICIPATING IN THE PLAN 6,195
DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE who 6,196
has elected disability coverage under this section, has, not 6,198
attained age sixty, and is determined by the state teachers 6,200
retirement board under section 3307.42 3307.62 of the Revised 6,202
Code to qualify for a disability benefit shall be retired on 6,203
disability under this section.
Upon disability retirement, a member shall receive an 6,205
annual amount that shall consist of: 6,206
(A) An annuity having a reserve equal to the amount of the 6,208
member's accumulated contributions at that time; 6,209
(B) A pension that shall be the difference between the 6,211
annuity and an annual amount determined by multiplying the number 6,212
of years of Ohio service credit of such member, and in addition 6,213
the number of years and fraction of a year between the effective 6,214
date of his THE MEMBER'S disability retirement and the date he 6,216
THE MEMBER attained age sixty, assuming continuous service, by 6,217
eighty-six dollars, or by two per cent of his THE MEMBER'S final 6,218
average salary, whichever is greater. Such disability retirement 6,220
shall not be less than thirty per cent nor more than seventy-five 6,221
132
per cent of his THE MEMBER'S final average salary, except that it 6,223
shall not exceed any limit to which the retirement system is 6,224
subject under section 415 of the "Internal Revenue Code of 1986," 6,225
100 Stat. 2085, 26 U.S.C.A. 415, as amended.
If the member is not receiving a disability benefit under 6,227
section 3307.41 3307.57 of the Revised Code, but is receiving a 6,229
disability benefit from either the public employees retirement 6,230
system or the school employees retirement system, then such 6,231
member shall not be eligible for service credit based upon the 6,232
number of years and fractions thereof between the date of 6,233
disability and the date he THE MEMBER attained age sixty as 6,234
otherwise provided in this section. 6,236
A disability retirant under this section whose disability 6,238
retirement has been terminated, when eligible, may apply for 6,239
service retirement provided by section 3307.38 3307.58 of the 6,240
Revised Code. 6,242
Sec. 3307.431 3307.631. (A) A member with PARTICIPATING 6,252
IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE
REVISED CODE WHO HAS disability coverage under this section who 6,254
AND is determined by the state teachers retirement board under 6,255
section 3307.42 3307.62 of the Revised Code to qualify for a 6,257
disability benefit shall receive a disability allowance under 6,258
this section. The allowance shall be an annual amount equal to 6,259
the greater of the following:
(1) Forty-five per cent of the member's final average 6,261
salary; 6,262
(2) The member's total service credit multiplied by two 6,264
and one-tenth TWO-TENTHS per cent of his THE MEMBER'S final 6,266
average salary, not exceeding sixty per cent of his THE MEMBER'S 6,268
final average salary.
(B) Sufficient reserves for payment of the disability 6,270
allowance shall be transferred to the annuity and pension reserve 6,271
fund from the employers' trust fund. The accumulated 6,272
contributions of the member shall remain in the teachers' savings 6,273
133
fund. No part of the allowance paid under this section shall be 6,274
charged against the member's accumulated contributions. 6,275
(C) A disability allowance paid under this section shall 6,277
terminate at the earliest of the following: 6,278
(1) The effective date of service retirement under section 6,280
3307.38 3307.57 or 3307.41 3307.58 of the Revised Code; 6,282
(2) The date the allowance is terminated under section 6,284
3307.44 3307.64 of the Revised Code; 6,285
(3) The later of the last day of the month in which the 6,287
recipient attains age sixty-five, or the last day of the month in 6,288
which the benefit period ends as follows: 6,289
Attained Age at Effective Date 6,291
of Disability Allowance Benefit Period 6,292
60 or 61 60 months 6,293
62 or 63 48 months 6,294
64 or 65 36 months 6,295
66, 67, or 68 24 months 6,296
69 or older 12 months 6,297
Sec. 3307.44 3307.64. A disability benefit recipient, 6,307
notwithstanding section 3319.13 of the Revised Code, shall retain 6,308
membership in the state teachers retirement system and shall be 6,309
considered on leave of absence during the first five years 6,311
following the effective date of a disability benefit.
The state teachers retirement board shall require any 6,313
disability benefit recipient to submit to an annual medical 6,315
examination by a physician selected by the board, except that the 6,316
board may waive the medical examination if the board's physician 6,317
certifies that the recipient's disability is ongoing. If a 6,318
disability benefit recipient refuses to submit to a medical 6,320
examination, the recipient's disability benefit shall be
suspended until the recipient withdraws the refusal. If the 6,322
refusal continues for one year, all the recipient's rights under 6,324
and to the disability benefit shall be terminated as of the 6,325
effective date of the original suspension. 6,326
134
After the examination, the examiner shall report and 6,329
certify to the board whether the disability benefit recipient is 6,330
no longer physically and mentally incapable of resuming the 6,331
service from which the recipient was found disabled. If the 6,333
board concurs in a report by the examining physician that the 6,335
disability benefit recipient is no longer incapable, the payment 6,337
of a disability benefit shall be terminated not later than the 6,338
following thirty-first day of August or upon employment as a 6,339
teacher prior thereto. If the leave of absence has not expired, 6,340
the board shall so certify to the disability benefit recipient's 6,341
last employer before being found disabled that the recipient is 6,342
no longer physically and mentally incapable of resuming service 6,344
that is the same or similar to that from which the recipient was 6,345
found disabled. If the recipient was under contract at the time 6,347
the recipient was found disabled, the employer by the first day 6,349
of the next succeeding year shall restore the recipient to the 6,350
recipient's previous position and salary or to a position and 6,351
salary similar thereto, unless the recipient was dismissed or 6,353
resigned in lieu of dismissal for dishonesty, misfeasance, 6,354
malfeasance, or conviction of a felony. 6,355
A disability benefit shall terminate if the disability 6,358
benefit recipient becomes employed as a teacher in any public or 6,359
private school or institution in this state or elsewhere. An 6,360
individual receiving a disability benefit from the state teachers 6,362
retirement system shall be ineligible for any employment as a 6,363
teacher and it shall be unlawful for any employer to employ the 6,364
individual as a teacher. If any employer should employ or 6,366
reemploy the individual prior to the termination of a disability 6,367
benefit, the employer shall file notice of employment with the 6,368
state teachers retirement board designating the date of the 6,370
employment. If the individual should be paid both a disability 6,372
benefit and also compensation for teaching service for all or any 6,373
part of the same month, the secretary of the state teachers 6,374
retirement board shall certify to the employer or to the
135
superintendent of public instruction the amount of the disability 6,375
benefit received by the individual during the employment, which 6,377
amount shall be deducted from any amount due the employing 6,378
district under Chapter 3317. of the Revised Code or shall be paid 6,379
by the employer to the annuity and pension reserve fund. 6,380
Each disability benefit recipient shall file with the board 6,384
an annual statement of earnings, current medical information on 6,386
the recipient's condition, and any other information required in 6,387
rules adopted by the board. The board may waive the requirement 6,389
that a disability benefit recipient file an annual statement of 6,390
earnings or current medical information if the board's physician 6,391
certifies that the recipient's disability is ongoing. 6,392
The board shall annually examine the information submitted 6,394
by the recipient. If a disability benefit recipient refuses to 6,395
file the statement or information, the disability benefit shall 6,397
be suspended until the statement and information are filed. If 6,398
the refusal continues for one year, the recipient's right to the 6,399
disability benefit shall be terminated as of the effective date 6,400
of the original suspension. 6,401
A disability benefit also may be terminated by the board at 6,403
the request of the disability benefit recipient. 6,404
If disability retirement under section 3307.43 3307.63 of 6,406
the Revised Code is terminated for any reason, the annuity and 6,407
pension reserves at that time in the annuity and pension reserve 6,408
fund shall be transferred to the teachers' savings fund and the 6,409
employers' trust fund, respectively. If the total disability 6,410
benefit paid was less than the amount of the accumulated 6,411
contributions of the member transferred to the annuity and 6,412
pension reserve fund at the time of the member's disability 6,413
retirement, then the difference shall be transferred from the 6,414
annuity and pension reserve fund to another fund as required. In 6,415
determining the amount of a member's account following the 6,416
termination of disability retirement for any reason, the total 6,417
amount paid shall be charged against the member's refundable 6,418
136
account. 6,419
If a disability allowance paid under section 3307.431 6,421
3307.631 of the Revised Code is terminated for any reason, the 6,423
reserve on the allowance at that time in the annuity and pension 6,424
reserve fund shall be transferred from that fund to the 6,425
employers' trust fund.
If a former disability benefit recipient again becomes a 6,427
contributor, other than as an other system retirant under section 6,428
3307.381 3307.35 of the Revised Code, to this retirement system, 6,430
the school employees retirement system, or the public employees 6,431
retirement system, and completes at least two additional years of 6,432
service credit, the former disability benefit recipient shall 6,433
receive credit for the period as a disability benefit recipient. 6,434
Sec. 3307.49 3307.66. (A) As used in this section, 6,443
"physically or mentally incompetent" means incapable of earning a 6,445
living because of a physically or mentally disabling condition. 6,446
Physical or mental incompetency may be determined by a court or 6,447
by a doctor of medicine or osteopathic medicine appointed by the 6,448
state teachers retirement board. 6,449
(B) For the purposes of this section: 6,451
(1) A qualified spouse is the surviving spouse of a 6,454
deceased member of the state teachers retirement system 6,455
PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 6,456
3307.79 OF THE REVISED CODE who is one of the following: 6,457
(a) Age sixty-two or any age if the deceased member had 6,459
ten or more years of Ohio service credit; 6,460
(b) Caring for a qualified child; 6,462
(c) Adjudged physically or mentally incompetent; 6,464
(d) Any age if the deceased member was eligible for a 6,466
service retirement allowance as provided in section 3307.38 6,467
3307.58 of the Revised Code and the surviving spouse elects to 6,469
receive a benefit under division (C)(1) of this section. 6,470
(2) A qualified child is the child of a deceased member 6,475
PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO
137
3307.79 OF THE REVISED CODE who is both of the following: 6,476
(a) Unmarried; 6,478
(b) Under age eighteen, or under age twenty-two if 6,481
attending an institution of learning or training pursuant to a 6,482
program designed to complete in each school year the equivalent 6,483
of at least two-thirds of the full-time curriculum requirements 6,484
of such institution and as further determined by board policy, or 6,485
any age if adjudged physically or mentally incompetent. 6,486
(3) A qualified parent is a dependent parent of a deceased 6,490
member PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO
3307.79 OF THE REVISED CODE who is age sixty-five or older. 6,491
(4) A person is a "qualified survivor" if the person 6,493
qualifies as a surviving spouse, child, or dependent parent. 6,496
(C) Except as provided in division (G)(1) of this section, 6,499
in lieu of accepting the payment of the accumulated account of a 6,500
member PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 6,501
3307.79 OF THE REVISED CODE who dies before service retirement, a
beneficiary, as determined in section 3307.48 3307.562 of the 6,502
Revised Code, may elect to forfeit the accumulated account and to 6,504
substitute benefits under this division. 6,505
(1) If a deceased member was eligible for a service 6,507
retirement allowance as provided in section 3307.38 3307.58 or 6,508
3307.39 3307.59 of the Revised Code, a surviving spouse or an 6,510
individual designated as the member's sole beneficiary pursuant 6,511
to division (B) of section 3307.48 3307.562 of the Revised Code 6,512
who was a qualified child or dependent parent of the member or 6,514
received one-half or more of support from the member during the 6,515
twelve-month period preceding the member's death may elect to 6,516
receive a monthly benefit computed as the joint-survivor 6,517
allowance designated as option 1 in section 3307.50 3307.60 of 6,518
the Revised Code, which the member would have received had the 6,520
member retired on the last day of the month of death and had the 6,522
member at that time selected such joint-survivor plan. Payment 6,524
shall begin with the month subsequent to the member's death. 6,525
138
(2) If a deceased member had completed at least one and 6,527
one-half years of credit for Ohio service, with at least 6,528
one-quarter year of Ohio contributing service credit within the 6,529
two and one-half years prior to the date of death, or was 6,530
receiving at the time of death a disability benefit as provided 6,531
in section 3307.43 3307.63 or 3307.431 3307.631 of the Revised 6,533
Code, a surviving spouse or other qualified survivor may elect to 6,535
receive monthly benefits as provided in division (C)(2) of this 6,536
section. The surviving spouse or other qualified survivor shall 6,537
elect one of the following methods of calculating benefits 6,539
elected under division (C)(2) of this section, which shall, 6,540
except as provided in division (G)(1) of this section, remain in 6,541
effect without regard to any change in the number of qualified 6,542
survivors:
Or 6,544
(a) Number Annual benefit as a Monthly benefit 6,545
of qualified per cent of member's shall not be 6,546
survivors final average salary less than 6,547
1 25% $ 96 6,550
2 40 186 6,551
3 50 236 6,552
4 55 236 6,553
5 or more 60 236 6,554
Annual benefit as a 6,557
per cent of member's 6,558
(b) Years of service final average salary 6,559
20 29% 6,562
21 33 6,563
22 37 6,564
23 41 6,565
24 45 6,566
25 48 6,567
26 51 6,568
27 54 6,569
139
28 57 6,570
29 60 6,571
(D) If a benefit is calculated pursuant to division 6,574
(C)(2)(a) of this section, benefits to a surviving spouse shall 6,575
be paid in the amount determined for the first qualifying 6,576
survivor in division (C)(2)(a) of this section, but shall not be 6,578
less than one hundred six dollars per month if the deceased 6,579
member had ten or more years of Ohio service credit. All other 6,580
qualifying survivors shall share equally in the benefit or 6,582
remaining portion thereof. 6,583
If a benefit is calculated pursuant to division (C)(2)(b) 6,585
of this section and is payable to more than one qualified 6,586
survivor, the benefit shall be apportioned equally among the 6,588
qualified survivors, except that if there is a surviving spouse, 6,590
the portion of the benefit allocated to the surviving spouse 6,591
shall be as follows: 6,592
Number of 6,594
survivors Spouse's share of total benefit 6,595
2 62.5% 6,598
3 50.0% 6,599
4 45.45% 6,600
5 or more 41.67% 6,601
(E) Benefits payable under division (C)(2) of this section 6,604
shall begin or resume on the first day of the month following the 6,605
day a person becomes a qualified survivor and terminate or be 6,607
suspended on the first day of the month following the day the 6,608
person ceases to be a qualified survivor. 6,610
Benefits to a qualified survivor shall terminate upon a 6,613
first marriage, abandonment, adoption, or during active military 6,615
service. Benefits to a deceased member's surviving spouse that 6,616
were terminated under a former version of this section that
required termination due to remarriage and were not resumed prior 6,617
to the effective date of this amendment shall resume on the first 6,618
day of the month immediately following receipt by the board of an 6,619
140
application on a form provided by the board. 6,620
Upon the death of any subsequent spouse who was a member of 6,623
the public employees retirement system, state teachers retirement 6,624
system, or school employees retirement system, the surviving 6,625
spouse of such member may elect to continue receiving benefits 6,626
under this division, or to receive survivor's benefits, based 6,627
upon the subsequent spouse's membership in one or more of the 6,628
systems, for which such surviving spouse is eligible under this 6,629
section or section 145.45 or 3309.45 of the Revised Code. If the 6,630
surviving spouse elects to continue receiving benefits under this 6,631
division, such election shall not preclude the payment of 6,632
benefits under this division to any other qualified survivor. 6,633
(F) The beneficiary of a member who is also a member of 6,635
the public employees retirement system, or the school employees 6,636
retirement system, must forfeit the member's accumulated 6,637
contributions in those systems, if the beneficiary elects to 6,638
receive a benefit under division (C) of this section. Such 6,640
benefit shall be exclusively governed by section 3307.41 3307.57 6,641
of the Revised Code. 6,642
(G)(1) Regardless of whether the member is survived by a 6,645
spouse or designated beneficiary, if the state teachers 6,646
retirement system receives notice that a deceased member 6,648
described in division (C)(1) or (2) of this section has one or 6,649
more qualified children, all persons who are qualified survivors 6,651
under division (C)(2) of this section shall receive monthly 6,654
benefits as provided in division (C)(2) of this section. 6,655
If, after determining the monthly benefits to be paid under 6,657
division (C)(2) of this section, the system receives notice that 6,658
there is a qualified survivor who was not considered when the 6,659
determination was made, the system shall, notwithstanding section 6,660
3307.711 3307.42 of the Revised Code, recalculate the monthly 6,661
benefits with that qualified survivor included, even if the 6,663
benefits to qualified survivors already receiving benefits are 6,664
reduced as a result. The benefits shall be calculated as if the
141
qualified survivor who is the subject of the notice became 6,665
eligible on the date the notice was received and shall be paid to 6,666
qualified survivors effective on the first day of the first month 6,667
following the system's receipt of the notice. 6,668
If the retirement system did not receive notice that a 6,670
deceased member has one or more qualified children prior to 6,672
making payment under section 3307.48 3307.562 of the Revised Code 6,673
to a beneficiary as determined by the retirement system, the 6,674
payment is a full discharge and release of the system from any 6,675
future claims under this section or section 3307.48 3307.562 of 6,676
the Revised Code.
(2) If benefits under division (C)(2) of this section to 6,679
all persons, or to all persons other than a surviving spouse or 6,681
sole beneficiary, terminate, there are no children under the age
of twenty-two years, and the surviving spouse or beneficiary 6,684
qualifies for benefits under division (C)(1) of this section, the 6,685
surviving spouse or beneficiary may elect to receive benefits 6,686
under division (C)(1) of this section. The benefit shall be 6,688
calculated based on the age of the spouse or beneficiary at the 6,689
time of the member's death and is effective on the first day of 6,690
the month following receipt by the board of an application for 6,691
benefits under division (C)(1) of this section. 6,692
(H) If the benefits due and paid under division (C) of 6,694
this section are in a total amount less than the member's 6,695
accumulated account that was transferred from the teachers' 6,696
savings fund, school employees retirement fund, and public 6,697
employees retirement fund, to the survivors' benefit fund, then 6,698
the difference between the total amount of the benefits paid 6,699
shall be paid to the beneficiary under section 3307.48 3307.562 6,701
of the Revised Code. 6,702
Sec. 3307.661. ON THE DEATH OF A RETIRANT OR DISABILITY 6,704
BENEFIT RECIPIENT WHO AT THE TIME OF DEATH IS RECEIVING, UNDER 6,705
THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED 6,706
CODE, A SERVICE RETIREMENT ALLOWANCE OR DISABILITY BENEFIT, THE 6,708
142
STATE TEACHERS RETIREMENT SYSTEM SHALL MAKE A LUMP-SUM PAYMENT OF 6,709
ONE THOUSAND DOLLARS TO ANY DESIGNATED OR QUALIFIED BENEFICIARY 6,710
UNDER DIVISION (D) OF SECTION 3307.562 OF THE REVISED CODE. IF 6,711
THERE IS NO BENEFICIARY, THE STATE TEACHERS RETIREMENT BOARD MAY 6,713
APPROVE PAYMENT TO EITHER THE PERSON RESPONSIBLE FOR THE BURIAL 6,714
EXPENSES OR TO THE DECEDENT'S ESTATE FOLLOWING THE COMPLETION OF 6,715
AN APPLICATION ON A FORM APPROVED BY THE BOARD. 6,716
Sec. 3307.403 3307.67. (A) Beginning April 1, 1971, and 6,725
each year thereafter, the board of the state teachers retirement 6,727
system BOARD shall determine the average percentage change in the 6,729
consumer price index prepared by the United States bureau of 6,730
labor statistics (U.S. City Average for Urban Wage Earners and 6,731
Clerical Workers: "All Items 1982-84=100") for the 6,732
twelve-calendar-month period prior to the first day of January 6,734
over the next preceding twelve-calendar-month period, as reported 6,735
by the bureau.
Upon a determination by the board in any year that the 6,737
change in the consumer price index is an increase or that the 6,739
change plus the accumulation described in division (B) of this 6,740
section is an increase, the board shall increase each allowance 6,741
or benefit payable under this chapter SECTIONS 3307.50 TO 3307.79 6,742
OF THE REVISED CODE by a percentage equal to the percentage 6,743
increase in the consumer price index or to that increase plus the 6,744
accumulation, except that the increase shall not exceed three per 6,745
cent and no allowance or benefit shall exceed the limit 6,747
established by section 415 of the "Internal Revenue Code of 6,748
1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended. 6,749
The first increase is payable to all persons becoming 6,751
eligible after June 30, 1971, upon such persons receiving an 6,752
allowance or benefit for twelve months. The increased amount is 6,754
payable for the ensuing twelve-month period or until the next 6,755
increase is granted under this section, whichever is later. 6,756
Subsequent increases shall be determined from the date of the 6,757
first increase paid to the former member in the case of an
143
allowance being paid a beneficiary under an option, or from the 6,758
date of the first increase to the survivor first receiving an 6,759
allowance or benefit in the case of an allowance or benefit being 6,760
paid to the subsequent survivors of the former member. 6,761
The date of the first increase under this section becomes 6,764
the anniversary date for any future increases.
The allowance or benefit used in the first calculation of 6,766
an increase under this section shall remain as the base for all 6,767
future increases, unless a new base is established. 6,768
(B) Any percentage of change in the consumer price index 6,770
in any year that is in excess of three per cent shall be 6,771
accumulated and used to determine increases under this section in 6,772
subsequent years. Any percentage of change in the consumer price 6,773
index accumulated by an eligible person prior to the effective 6,774
date of this amendment SEPTEMBER 27, 1996, shall be used in 6,775
determining any future increases under this section. 6,776
(C) The board shall make all rules necessary to carry out 6,778
this section. 6,779
Sec. 3307.408 3307.671. In December, 1980, and in December 6,789
of each year thereafter, the state teachers retirement board may 6,790
allocate an amount from the guarantee fund created in division 6,791
(E) of section 3307.65 3307.14 of the Revised Code to establish a 6,792
temporary supplemental benefit fund for the purpose of making a 6,794
lump sum benefit payment to all persons receiving an allowance, 6,795
pension, or benefit under Chapter 3307. SECTIONS 3307.50 TO 6,796
3307.79 of the Revised Code for each of the twelve months 6,798
preceding the first day of the following January. 6,799
On or after July 1, 1980, and on or after the first day of 6,801
July of each year thereafter, the board may determine the amount 6,802
to be placed in a temporary supplemental benefit fund. Such 6,803
amount, if placed, shall be not more than twenty-five per cent of 6,804
the income from investments for the twelve months preceding the 6,805
first day of July not otherwise required to be credited to the 6,806
several funds set forth in section 3307.65 3307.14 of the Revised 6,808
144
Code.
The board shall adopt rules to administer this supplemental 6,810
benefit. The rules shall recognize the effective date of the 6,811
allowance, pension, or benefit and the years of Ohio service 6,812
credit for each recipient as an equitable basis for allocating 6,813
the amount payable to each recipient. 6,814
If the board determines that a supplemental benefit shall 6,816
be paid under this section, it shall pay such amount within sixty 6,817
calendar days following its allocation to the supplemental 6,818
benefit fund. 6,819
Amounts paid pursuant to this section shall not be included 6,821
in the base for increasing an allowance, pension, or benefit 6,822
provided in section 3307.403 3307.67 of the Revised Code and 6,823
shall not incur any obligation or liability for future payments 6,825
under this section. 6,826
Sec. 3307.371 3307.69. (A) On and after the first day of 6,835
the month following the effective date of this section DECEMBER 6,837
14, 1992, each person eligible to receive a benefit, pursuant to 6,838
FORMER sections 3307.38, 3307.41, 3307.43, 3307.50, AND division 6,839
(C)(1) of FORMER section 3307.49, and section 3307.50 of the 6,841
Revised Code, that was based upon an award made effective before 6,842
June 30, 1955, shall have the benefit payable as of September 30, 6,843
1974, recalculated by the state teachers retirement board so that 6,844
each such person shall receive an annual single lifetime benefit 6,845
or its actuarial equivalent of not less than one hundred forty 6,846
dollars for each year of the member's total service credit, 6,847
except that service credit exceeding thirty-two years shall not 6,848
be used in the recalculation, and a final average salary 6,849
limitation shall not be applied.
If the amount of the benefit recalculated under this 6,851
division is less than the amount that is payable on the effective 6,852
date of this section, then the greater benefit shall be 6,853
continued. 6,854
(B) On and after the first day of the month following the 6,856
145
effective date of this section DECEMBER 14, 1992, each person 6,858
receiving a benefit, pursuant to FORMER sections 3307.38, 6,859
3307.41, 3307.43, 3307.50 AND division (C)(1) of FORMER section 6,861
3307.49, and section 3307.50 of the Revised Code, that was 6,863
effective on and after June 30, 1955, through June 30, 1971,
shall be paid an increased benefit as follows: 6,864
Effective Date of the Per Cent of Increase: 6,866
Member's Benefit: 6,867
June 30, 1955, through
June 29, 1959 33 6,868
June 30, 1959, through
October 31, 1965 21 6,869
November 1, 1965 through
June 30, 1968 14 6,870
July 1, 1968, through
June 30, 1971 5 6,871
The increase shall be applied to the benefit payable on the 6,873
effective date of this section DECEMBER 14, 1992. 6,874
(C) On and after the first day of the month following the 6,876
effective date of this section DECEMBER 14, 1992, each person 6,878
receiving or qualified to receive a benefit, pursuant to division 6,879
(C)(2) of FORMER section 3307.49 of the Revised Code, that was 6,880
effective on and after June 14, 1951, through August 26, 1970, 6,881
shall receive an increase in such benefit in the amount of twenty 6,882
per cent.
Sec. 3307.382 3307.691. On and after the effective date of 6,891
this section AUGUST 20, 1976, the allowances of retirants 6,894
receiving benefits based upon an award from the state teachers 6,895
retirement system made before July 1, 1971, shall have the 6,896
benefit recalculated by the state teachers retirement system so 6,897
that each such person shall receive an annual lifetime benefit or 6,898
its actuarial equivalent of not less than one hundred forty 6,899
dollars for each year of the member's total service credit, 6,900
multiplied by the total number of years of service credit, except 6,901
146
that service credit exceeding thirty-two years shall not be used 6,902
in the recalculation, and a final average salary limitation shall 6,903
not be applied.
If the amount of the benefit recalculated under this 6,905
section is less than the amount that is payable on the effective 6,906
date of this section AUGUST 20, 1976, then the greater benefit 6,908
shall be continued. 6,909
Sec. 3307.384 3307.692. A retirant who on the effective 6,918
date of this amendment AUGUST 6, 1997, is eligible to receive an 6,922
annual single lifetime benefit under FORMER section 3307.38, 6,923
3307.41, or 3307.50 of the Revised Code of less than nine 6,925
thousand six hundred dollars or its actuarial equivalent shall 6,926
have that benefit increased to nine thousand six hundred dollars 6,928
or its actuarial equivalent if the benefit is based on an award
arising from thirty or more years of Ohio service credit. The 6,930
benefit increase provided by this amendment SECTION shall take 6,931
effect on the first day of the first month following the 6,933
effective date of this amendment AUGUST 6, 1997, and shall not be 6,935
subject to any final average salary limitation.
Sec. 3307.401 3307.693. On and after October 1, 1957, all 6,944
persons in receipt of, or who are or become eligible to receive, 6,946
a monthly allowance, pension, or other benefit effective prior to 6,947
June 29, 1955, which is payable or becomes payable pursuant to 6,948
the provisions of FORMER sections 3307.26, 3307.38, 3307.43, and 6,949
3307.50 of the Revised Code, or an allowance payable at any time 6,951
under an option elected by a member and effective prior to that 6,952
date, shall be paid an increased allowance, pension, or benefit 6,953
as follows: 6,954
(A) An amount determined by increasing the original 6,956
allowance, pension, or benefit by the following percentages as 6,957
determined by the calendar year in which the allowance, pension, 6,958
or benefit became effective: 6,959
Calendar Year Per Cent of 6,961
Effective Increase
147
1921-1939 100 6,962
1940 94
1941 89 6,963
1942 77
1943 70
1944 68 6,964
1945 66
1946 55
1947 35 6,965
1948 23
1949 25
1950 23 6,966
1951 8
1952 4
1953 3 6,967
1954 2
Prior to June 29, 1955 2 6,968
(B) If the amount of any such allowance, pension, or other 6,971
benefit is increased by division (A) of this section to an amount 6,972
less than one hundred ten per cent of the present amount payable 6,973
immediately prior to October 1, 1957, such present amount shall 6,974
be increased by ten per cent. 6,975
(C) On and after August 1, 1959, the monthly allowance, 6,977
pension, or other benefit effective prior to June 29, 1955, 6,978
(exclusive of any amount receivable monthly by reason of a 6,979
voluntary deposit made for additional annuity, or for purchase of 6,980
out-of-state credit on or after June 25, 1945), together with the 6,981
supplemental allowance payable pursuant to divisions (A) and (B) 6,982
of this section, shall be increased by twelve per cent. 6,983
(D) Effective November 1, 1965, the allowances of all 6,985
persons who retired before June 30, 1955, and who are receiving 6,986
benefits as of October 31, 1965, except those granted under 6,987
FORMER section 3307.49 of the Revised Code, shall be increased 6,988
ten dollars per month, notwithstanding the seventy-five per cent 6,989
148
final average salary limitation in FORMER section 3307.38 of the 6,990
Revised Code and the sixty per cent final average salary 6,992
limitation in FORMER section 3307.43 of the Revised Code. 6,993
(E) Effective November 1, 1965, the allowances of all 6,995
persons who retired on or after June 30, 1955, and who are 6,996
receiving benefits as of October 31, 1965, except those granted 6,997
under FORMER section 3307.49 of the Revised Code, but including 6,998
allowances payable at any time under an option elected by a 6,999
member, shall be increased by ten dollars per month, which when 7,000
added to the allowance in effect on October 31, 1965, shall not 7,001
exceed the seventy-five per cent final average salary limitation 7,002
in FORMER section 3307.38 of the Revised Code or the sixty per 7,003
cent final average salary limitation in FORMER section 3307.43 of 7,004
the Revised Code, provided that the increase shall not be less 7,006
than six dollars per month. 7,007
(F) Beginning November 1, 1965, the monthly benefit 7,009
payable under division (C)(2) of FORMER section 3307.49 of the 7,010
Revised Code shall be increased six dollars for each survivor 7,011
beneficiary receiving a benefit on October 31, 1965, and for each 7,012
successor to such benefit. Beginning November 1, 1965, all 7,013
survivor beneficiaries receiving benefits as of October 31, 1965, 7,014
under division (C)(1) of FORMER section 3307.49 of the Revised 7,015
Code shall be increased six dollars per month. 7,016
On or before August 1, 1982, and on or before the first day 7,018
of August in each year thereafter, the state teachers retirement 7,019
board shall certify to the treasurer of state the amount required 7,020
to be paid in the preceding fiscal year under divisions (A) and 7,021
(B) of this section. Upon receipt of this certification, the 7,022
treasurer of state shall pay the amount certified. The amount 7,023
received by the state teachers retirement board shall be credited 7,024
to the proper fund from which such additional payments are paid. 7,025
Sec. 3307.402 3307.694. On and after July 1, 1968, all 7,034
allowances, pensions, or other benefits which were payable before 7,036
July 1, 1968, pursuant to the provisions of FORMER sections 7,037
149
3307.26, 3307.38, 3307.41, 3307.43, 3307.49, and 3307.50 of the 7,038
Revised Code, shall be increased by the percentages determined by 7,039
the effective date of the allowance, pension, or benefit, as 7,040
follows:
Effective Date of Benefit Percentage of Increase 7,042
Calendar Year 7,043
1920 through 1955 24.3 7,045
1956 22.5 7,046
1957 18.4 7,047
1958 15.2 7,048
1959 14.3 7,049
1960 12.5 7,050
1961 11.3 7,051
1962 10.1 7,052
1963 8.7 7,053
1964 7.3 7,054
1965 5.6 7,055
1966 2.6 7,056
1967 2.0 7,057
January 1, 1968, through 7,058
June 30, 1968 2.0
All increases determined by applying the percentages in the 7,061
preceding table shall be reduced by the dollar amount of the 7,062
increases granted in 1965 pursuant to divisions (D), (E), and (F) 7,063
of FORMER section 3307.401 of the Revised Code, except that no 7,064
allowance, pension, or benefit shall be reduced below the amount 7,065
due on June 30, 1968, and no allowance granted under this section 7,066
shall be less than a total annual sum of thirty-six dollars. 7,067
The allowances increased by this section shall exclude any 7,069
monthly amount payable by reason of any voluntary deposits made 7,070
under the provisions of sections 3307.33 3307.26 and 3307.51 7,072
3307.741 of the Revised Code, except for prior service purchased 7,073
before June 25, 1945. 7,074
The increases provided by this section shall be granted 7,076
150
notwithstanding the final average salary limitation in FORMER 7,077
sections 3307.38 and 3307.43 of the Revised Code. 7,078
The cost of the increases provided by this section shall be 7,080
included in the employer's contribution rate provided by sections 7,081
3307.53 3307.28, 3307.56 3307.30, and 3307.64 3307.31 of the 7,083
Revised Code. Such employer's contribution rate shall not be 7,084
increased until July 1, 1969, or later to reflect the increased 7,085
costs created by this section. 7,086
Sec. 3307.404 3307.695. On and after December 31, 1971, 7,095
all persons who retired and were eligible to receive a pension 7,097
that was payable prior to July 1, 1968, pursuant to FORMER 7,098
section 3307.38 or 3307.43 of the Revised Code, or in the event 7,099
of the death of such persons, the person designated by the 7,100
deceased to receive payments under FORMER section 3307.50 of the 7,101
Revised Code, shall receive an additional monthly payment of two 7,103
dollars for each year between the member's effective date of 7,104
retirement or disability and December 31, 1971, or an additional 7,105
fifty dollars, whichever is less. On or before the first day of 7,106
August in 1980 and on or before the first day of August in each 7,107
year thereafter, the state teachers retirement board shall 7,108
certify to the treasurer of state the amount required to be paid 7,109
in the preceding fiscal year under this section. Upon receipt of 7,110
such certification, the treasurer of state shall pay to the state 7,111
teachers retirement system the amount certified. 7,112
Sec. 3307.406 3307.696. Each person receiving benefits 7,121
under FORMER section 3307.49 of the Revised Code who became 7,123
eligible to receive such benefits under FORMER section 3307.48 of 7,125
the Revised Code by virtue of the death of a member prior to July
1, 1968, shall receive an additional monthly payment of two 7,126
dollars for each year between the date of such member's death and 7,127
December 31, 1972, or an additional fifty dollars, whichever is 7,128
less.
Sec. 3307.407 3307.697. On and after the effective date of 7,137
this section DECEMBER 19, 1973, any person who retired or his THE 7,140
151
RETIREE'S beneficiary, who was eligible to receive an allowance 7,142
that was first payable on or after July 1, 1968, and prior to 7,143
July 1, 1971, and the beneficiary of a member who died before 7,145
service retirement on or after July 1, 1968, and prior to July 1, 7,146
1971, receiving an allowance or benefit pursuant to FORMER 7,148
sections 3307.38, 3307.41, 3307.43, 3307.49, or 3307.50 of the
Revised Code, shall receive an additional monthly payment of two 7,150
dollars for each year between the member's effective date of 7,151
retirement, disability or death and July 1, 1973. 7,152
Sec. 3307.409 3307.698. (A) Effective July 1, 1981, each 7,161
person eligible to receive an allowance, pension, or benefit 7,163
pursuant to FORMER sections 3307.38, 3307.41, 3307.43, division 7,164
(C)(1) of FORMER section 3307.49, and FORMER section 3307.50 of 7,166
the Revised Code that was based upon an award made effective 7,167
before July 1, 1974, shall have his THE PERSON'S monthly 7,169
allowance, pension, or benefit increased by five per cent, except 7,170
that the twelve-month sum of such increases shall not exceed five 7,171
per cent of the first five thousand dollars of the annual 7,172
allowance, pension, or benefit.
(B) Effective July 1, 1981, each person receiving or 7,174
qualified to receive a benefit, pursuant to division (C)(2) of 7,175
FORMER section 3307.49 of the Revised Code, that was effective on 7,176
and after June 14, 1951, through August 26, 1970, shall receive 7,177
an increase in such benefit of five per cent. 7,178
(C) The increases provided in divisions (A) and (B) of 7,180
this section shall be applied to the benefit payable on and after 7,181
July 1, 1981. 7,182
(D) The increase in the monthly allowance, pension, or 7,184
benefit provided in divisions (A) and (B) of this section shall 7,185
be included in the calculation of additional benefits to 7,186
recipients under section 3307.403 3307.67 of the Revised Code. 7,187
(E) The benefit provided in divisions (A) and (B) of this 7,189
section is a continuation of those first provided in Am. Sub. 7,190
H.B. 204 as passed by the 113th general assembly. 7,191
152
(F) On or before the first day of August, 1982, and on or 7,193
before the first day of August in each year thereafter, the state 7,194
teachers retirement board shall certify to the treasurer of state 7,195
the amounts needed to pay the cost of the additional payments 7,196
required under this section for the preceding fiscal year. Upon 7,197
receipt of these certifications, the treasurer of state shall pay 7,198
the amount certified. 7,199
Sec. 3307.4010 3307.699. As used in this section and 7,208
section 3307.4011 3307.6910 of the Revised Code, "benefit" means 7,210
any allowance, pension, or other benefit to which an individual 7,211
is entitled and that he THE INDIVIDUAL receives pursuant to 7,212
FORMER section 3307.38, 3307.41, 3307.43, 3307.49, or 3307.50 of 7,213
the Revised Code.
The annual amount of each benefit that was payable prior to 7,215
February 1, 1983, shall, after the adjustments required by FORMER 7,217
section 3307.403 of the Revised Code, be increased by five per 7,219
cent.
Sec. 3307.4011 3307.6910. (A) The annual amount of each 7,228
benefit that was based on an award made effective before July 1, 7,230
1979, shall be increased as follows: 7,231
Effective Date of Per Cent of 7,233
Award Increase in Benefit 7,234
Prior to July 1, 1971 4.15 7,235
July 1, 1971, through 7,236
August 31, 1976 2.65 7,237
September 1, 1976, through 7,238
June 30, 1979 1.4 7,239
(B) Effective June 1, 1990, in addition to the increase 7,242
provided under division (A) of this section, the annual amount of 7,243
each benefit that was based on an award made effective before 7,244
July 1, 1979, shall be increased as follows: 7,245
Effective Date of Per Cent of 7,247
Award Increase in Benefit 7,248
Prior to July 1, 1971 4.15 7,249
153
July 1, 1971, through 7,250
August 31, 1976 2.65 7,251
September 1, 1976, through 7,252
June 30, 1979 1.4 7,253
(C) Amounts paid pursuant to this section shall not be 7,256
included in the base for future increases under FORMER section 7,257
3307.403 of the Revised Code in any benefit. 7,258
Sec. 3307.4013 3307.6911. (A) As used in this section: 7,267
(1) "Benefit" means a benefit, pension, or allowance 7,269
PAYABLE under FORMER section 3307.38, 3307.41, 3307.43, 3307.431, 7,271
3307.49, or 3307.50 of the Revised Code.
(2) "Cumulative percentage change in the CPI" means the 7,273
total percentage change in the consumer price index prepared by 7,274
the United States bureau of labor statistics for urban wage 7,276
earners and clerical workers (CPI-W: U.S. city average, all 7,277
items) from the thirty-first day of December immediately 7,278
preceding the year in which the original benefit started through 7,279
the thirty-first day of December immediately preceding the 7,280
effective date of this section AUGUST 6, 1997. 7,281
(3) "Eligible recipient" means any person receiving a 7,283
benefit on the effective date of this section AUGUST 6, 1997, 7,284
that has been payable to that person or to any other person for 7,286
at least twelve months.
(4) "Original benefit amount" means the initial amount of 7,288
a benefit granted to the initial recipient of the benefit. 7,289
(B) As of the effective date of this section AUGUST 6, 7,292
1997, the state teachers retirement board shall determine an 7,293
amount for each eligible recipient equal to the sum of the 7,294
following amounts:
(1) An amount equal to seventy per cent of the original 7,296
benefit amount for the recipient; 7,297
(2) An amount equal to the product obtained when seventy 7,299
per cent of the original benefit amount is multiplied by the 7,300
cumulative percentage change in the CPI for the recipient. 7,301
154
(C)(1) Except as provided in division (C)(2) of this 7,303
section, if the amount of the annual benefit payable to an 7,304
eligible recipient on the effective date of this section AUGUST 7,305
6, 1997, is less than the amount determined for the recipient 7,307
under division (B) of this section, the board shall recalculate 7,308
that annual benefit so that it equals the amount determined under 7,309
division (B) of this section.
(2) If the recalculated benefit determined under division 7,311
(C)(1) of this section for an eligible recipient whose retirement 7,312
was effective before July 1, 1979, is less than one hundred three 7,313
per cent of the annual benefit payable to the recipient on the 7,314
effective date of this section AUGUST 6, 1997, the board shall 7,316
recalculate the annual benefit so that it equals one hundred
three per cent of the annual benefit payable to the recipient on 7,317
the effective date of this section AUGUST 6, 1997. 7,319
An increase granted by division (C)(1) or (2) of this 7,321
section to a benefit amount shall apply on and after the first 7,322
day of the month following the effective date of this section 7,323
AUGUST 6, 1997. 7,324
(D) The board shall include the increase in amount paid 7,326
under this section in a person's base for purposes of future 7,327
increases in any benefit under section 3307.403 3307.67 of the 7,328
Revised Code.
Sec. 3307.78 3307.6912. Effective September 1, 1947, the 7,337
retirement allowances of retired Ohio teachers, or their 7,339
beneficiaries under options elected at retirement and still in 7,340
effect, on the retired list as of that date shall be recalculated 7,341
and paid in accordance with the following: 7,342
(A) Members retired on superannuation effective prior to 7,344
August 31, 1945, shall have the prior service portion of their 7,345
allowances recalculated as of the date of retirement in 7,346
accordance with division (C) of FORMER section 3307.38 of the 7,347
Revised Code, with their "final average salary" determined as 7,348
defined in FORMER section 3307.01 of the Revised Code. Any 7,349
155
allowance payable to members who retired on superannuation under 7,350
an option selected at retirement, or payable to a beneficiary 7,351
pursuant to such option, shall be adjusted upon the basis of the 7,352
amount of allowance payable in accordance with this division. 7,353
(B) Members retired on disability retirement prior to July 7,355
1, 1945, shall have their allowances recalculated as of the date 7,356
of retirement in accordance with divisions (A) and (B) of FORMER 7,357
section 3307.43 of the Revised Code, and with their final average 7,359
salaries determined as defined in FORMER section 3307.01 of the 7,360
Revised Code. 7,361
(C) Members retired on superannuation, commuted 7,363
superannuation, or disability prior to June 30, 1947, with 7,364
fifteen or more years of service credit shall receive a total 7,365
allowance at the rate of not less than twenty dollars annually 7,366
for each year of such service credit, except that a member 7,367
retired on commuted superannuation shall have the reserve for any 7,368
additional pension required to provide such minimum allowance 7,369
commuted as of the date of retirement in the manner prescribed 7,370
for the prior service pension in division (C) of FORMER section 7,371
3307.40 of the Revised Code. Any allowance payable to members 7,373
who retired on superannuation under an option selected at 7,374
retirement, or payable to a beneficiary pursuant to such option, 7,375
shall be adjusted upon the basis of the amount of allowance 7,376
payable in accordance with this division. All pensions continued 7,377
to pensioners following the merger of local district pension 7,378
systems with the state teachers retirement system pursuant to 7,379
FORMER sections 3307.68, 3307.69, and 3307.70 of the Revised Code 7,380
shall be increased ten dollars per month provided no other 7,381
benefit is payable by this section. 7,382
(D) In no case shall any recalculated allowance be 7,384
increased in excess of twenty-five dollars per month by divisions 7,385
(A), (B), and (C) of this section and in no case shall any 7,386
allowances be decreased thereby. In no case shall any such 7,387
increases be payable prior to September 1, 1947. The cost of 7,388
156
providing such increased superannuation and commuted 7,389
superannuation allowances shall be included in the prior service 7,390
pension deficiency contribution rate provided for in FORMER 7,391
section 3307.54 of the Revised Code. The cost of providing such 7,392
increased disability allowances shall be included in the normal 7,393
contribution rate provided for in section 3307.53 3307.28 of the 7,395
Revised Code. 7,396
Sec. 3307.6913. (A) AS USED IN THIS SECTION AND IN 7,398
SECTION 3307.6914 OF THE REVISED CODE, "ELIGIBLE RECIPIENT" MEANS 7,400
ANY PERSON RECEIVING A BENEFIT ON JULY 1, 1999. 7,401
(B) FOR EACH ELIGIBLE RECIPIENT OF A BENEFIT PAYABLE UNDER 7,403
SECTION 3307.58, 3307.59, OR 3307.60 OF THE REVISED CODE, THE 7,405
STATE TEACHERS RETIREMENT BOARD SHALL RECALCULATE THE ANNUAL 7,406
SINGLE LIFETIME BENEFIT, EXCLUDING ANY INCREASES GRANTED UNDER 7,407
SECTION 3307.67 OF THE REVISED CODE, OF THE BENEFIT PAYABLE TO 7,408
THE RECIPIENT USING THE VERSION OF DIVISION (B) OF SECTION 7,410
3307.58 OF THE REVISED CODE THAT WAS IN EFFECT IMMEDIATELY PRIOR 7,412
TO THE EFFECTIVE DATE OF THIS SECTION.
(C) IF THE AMOUNT DETERMINED UNDER DIVISION (B) OF THIS 7,415
SECTION IS GREATER THAN THE ANNUAL SINGLE LIFETIME BENEFIT OF THE 7,416
BENEFIT BEING PAID TO THE RECIPIENT, THE BOARD SHALL RECALCULATE 7,417
THE RECIPIENT'S BENEFIT SO THAT IT EQUALS THE ANNUAL SINGLE 7,418
LIFETIME BENEFIT DETERMINED UNDER DIVISION (B) OF THIS SECTION OR 7,419
ITS ACTUARIAL EQUIVALENT. 7,420
(D) THE BOARD SHALL INCLUDE THE INCREASE IN AMOUNT PAID 7,422
UNDER THIS SECTION IN AN INDIVIDUAL'S BASE FOR PURPOSES OF FUTURE 7,423
INCREASE IN ANY BENEFIT UNDER SECTION 3307.67 OF THE REVISED 7,424
CODE.
(E) THE BOARD SHALL MAKE THE RECALCULATIONS REQUIRED UNDER 7,426
THIS SECTION NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE 7,427
EFFECTIVE DATE OF THIS SECTION. THE BOARD MAY ADOPT RULES TO 7,428
IMPLEMENT THIS SECTION. 7,429
Sec. 3307.6914. (A) AS USED IN THIS SECTION: 7,431
(1) "CUMULATIVE PERCENTAGE CHANGE IN THE CPI" MEANS THE 7,433
157
TOTAL PERCENTAGE CHANGE IN THE CONSUMER PRICE INDEX PREPARED BY 7,434
THE UNITED STATES BUREAU OF LABOR STATISTICS FOR URBAN WAGE 7,436
EARNERS AND CLERICAL WORKERS (CPI-W: U.S. CITY AVERAGE, ALL 7,439
ITEMS) FROM THE THIRTY-FIRST DAY OF DECEMBER IMMEDIATELY 7,440
PRECEDING THE YEAR IN WHICH THE ORIGINAL BENEFIT STARTED THROUGH
THE THIRTY-FIRST DAY OF DECEMBER IMMEDIATELY PRECEDING THE 7,442
EFFECTIVE DATE OF THIS SECTION. 7,443
(2) "ORIGINAL BENEFIT AMOUNT" HAS THE SAME MEANING AS IN 7,445
SECTION 3307.4013 OF THE REVISED CODE. 7,446
(B) FOR EACH ELIGIBLE RECIPIENT OF A BENEFIT PAYABLE UNDER 7,448
SECTION 3307.57, 3307.58, 3307.59, 3307.60, 3307.63, 3307.631, OR 7,449
3307.66 OF THE REVISED CODE, THE BOARD SHALL DETERMINE AN AMOUNT 7,450
EQUAL TO THE SUM OF THE FOLLOWING AMOUNTS: 7,451
(1) AN AMOUNT EQUAL TO EIGHTY-FIVE PER CENT OF THE 7,453
ORIGINAL BENEFIT AMOUNT, EXCEPT THAT IF THE RECIPIENT IS NOT THE 7,454
INDIVIDUAL TO WHOM THE ORIGINAL BENEFIT AMOUNT WAS GRANTED, THE 7,455
AMOUNT SHALL EQUAL EIGHTY-FIVE PER CENT OF THE PRODUCT OBTAINED 7,456
WHEN THE ORIGINAL BENEFIT AMOUNT IS MULTIPLIED BY THE PERCENTAGE 7,457
OF THE ORIGINAL BENEFIT AMOUNT BEING PAID TO THE RECIPIENT; 7,458
(2) AN AMOUNT EQUAL TO THE PRODUCT OBTAINED WHEN THE 7,460
AMOUNT DETERMINED UNDER DIVISION (B)(1) OF THIS SECTION IS 7,461
MULTIPLIED BY THE CUMULATIVE PERCENTAGE CHANGE IN THE CPI. 7,462
(C) IF THE AMOUNT DETERMINED UNDER DIVISION (B) OF THIS 7,464
SECTION IS GREATER THAN THE ANNUAL BENEFIT BEING PAID TO THE 7,466
RECIPIENT, THE BOARD SHALL RECALCULATE THE ANNUAL BENEFIT PAYABLE 7,467
ON THE EFFECTIVE DATE OF THIS SECTION SO THAT IT EQUALS THE 7,468
AMOUNT DETERMINED UNDER THAT DIVISION. IF THE RECIPIENT'S 7,469
BENEFIT WAS RECALCULATED UNDER DIVISION (C) OF SECTION 3307.6913 7,470
OF THE REVISED CODE, THE BOARD SHALL USE THE RECALCULATED BENEFIT 7,472
IN MAKING A DETERMINATION UNDER THIS SECTION. 7,473
(D) THE BOARD SHALL INCLUDE THE INCREASE IN AMOUNT PAID 7,475
UNDER THIS SECTION IN AN INDIVIDUAL'S BASE FOR PURPOSES OF FUTURE 7,476
INCREASE IN ANY BENEFIT UNDER SECTION 3307.67 OF THE REVISED 7,477
CODE.
158
(E) THE BOARD SHALL MAKE THE RECALCULATIONS REQUIRED UNDER 7,479
THIS SECTION NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE 7,480
EFFECTIVE DATE OF THIS SECTION. THE BOARD MAY ADOPT RULES TO 7,481
IMPLEMENT THIS SECTION. 7,482
Sec. 3307.281 3307.70. (A) The state teachers retirement 7,491
board may establish by rule payroll deduction plans for payment 7,493
of the following: 7,495
(1) The cost of restoring service credit under section 7,497
3307.28 3307.70 or 3307.282 3307.711 of the Revised Code or 7,499
purchasing any service credit members of the state teachers 7,501
retirement system are eligible to purchase under this chapter; 7,502
(2) Charges for participation in programs established 7,504
under section 3307.741 3309.391 of the Revised Code. 7,505
(B) In addition to any other matter considered relevant by 7,507
the board, the rules adopted under this section shall specify all 7,508
of the following: 7,509
(1) The types of service credit that may be paid for 7,511
through payroll deduction, including the section of the Revised 7,512
Code that authorizes the purchase of each type of service credit 7,513
for which payment may be made by payroll deduction; 7,514
(2) The procedure for informing the member's employer and 7,519
the system that the member wishes to use payroll deduction to 7,521
purchase service credit or pay for participation in programs
established under section 3307.741 3307.391 of the Revised Code; 7,523
(3) The procedure to be followed by the system and 7,525
employers to determine for each request the amount to be 7,526
deducted, the number of deductions to be made, and the interval 7,527
at which deductions will be made. The rules may provide for a 7,528
minimum amount for each deduction. They may also provide for a 7,529
maximum number of deductions for the purchase of any type of 7,530
service credit. 7,531
(4) The procedure to be followed by employers in 7,533
transmitting amounts deducted from the compensation of their 7,534
employees to the system; 7,535
159
(5) The procedure to be followed by the system in 7,537
crediting service credit to members who choose to purchase it 7,538
through payroll deduction; 7,539
(6) The time period within which employers are required to 7,541
transmit amounts deducted from payrolls to the system. 7,542
(C)(1) If the board establishes a payroll deduction plan 7,544
under this section, it shall certify to the member's employer, 7,545
for each member for whom deductions are to be made, the amount of 7,546
each deduction and the payrolls from which deductions are to be 7,547
made. The employer shall make the deductions as certified and 7,548
transmit the amounts deducted in accordance with the rules 7,549
established by the board under this section. 7,550
(2) If an employer does not transmit amounts deducted from 7,552
the compensation of an employee to the system within the time 7,553
period specified in rules adopted under division (B)(6) of this 7,554
section, the employer shall pay interest on the deducted amount 7,555
compounded annually at a rate to be determined by the board from 7,556
the date the amount is deducted to the date it is transmitted to 7,557
the system. 7,558
(D) Rules adopted under this section shall not affect any 7,560
right to purchase service credit conferred by any other section 7,561
of the Revised Code, including the right of a member under any 7,562
such section to purchase only part of the service credit the 7,563
member is eligible to purchase. 7,565
(E) No payroll deduction made pursuant to this section may 7,567
exceed the amount of a member's net compensation after all other 7,568
deductions and withholdings required by law. 7,569
(F) No payments made to the system under this section 7,571
shall affect any contribution required by section 3307.51 3307.26 7,573
or 3307.53 3307.28 of the Revised Code. 7,574
Sec. 3307.28 3307.71. The membership of any person in the 7,583
state teachers retirement system shall cease on occurrence of any 7,586
of the following: receipt of payment pursuant to section 3307.46 7,587
of the Revised Code; retirement as provided in section 3307.38 or 7,588
160
3307.39 of the Revised Code; death; or denial of membership 7,589
pursuant to section 3307.27 of the Revised Code.
Except as provided in this section, a member or former 7,591
member of the state teachers retirement system with PARTICIPATING 7,593
IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE 7,594
REVISED CODE WHO HAS at least one and one-half years of
contributing service credit in this system, the public employees 7,595
retirement system, the school employees retirement system, the 7,596
Ohio police and fire pension fund, or the state highway patrol 7,599
retirement system after the withdrawal and cancellation of 7,600
service credit in this system may restore all or part of such 7,601
service credit by repayment of the amount withdrawn. To this 7,602
amount shall be added interest at a rate per annum, compounded 7,603
annually, to be determined by the STATE TEACHERS retirement 7,604
board. Interest shall be payable from the first of the month of 7,606
withdrawal through the month of repayment. A member may choose 7,607
to purchase only part of such credit in any one payment. The 7,608
cost for restoring partial service shall be calculated as the 7,609
proportion that it bears to the total cost at the time of 7,610
purchase and is subject to the rules established by the board. 7,611
If a former member is eligible to buy the service credit as a 7,612
member of the Ohio police and fire pension fund or state highway 7,615
patrol retirement system, the former member is ineligible to 7,616
restore that service credit under this section. 7,617
The total payment to restore canceled service credit shall 7,620
be credited as follows:
(A) The amount that equals contributions made pursuant to 7,622
section 3307.51 3307.26 of the Revised Code, plus any interest on 7,624
the contributions paid by the member pursuant to this section, to 7,625
the member's account in the teachers' savings fund; 7,626
(B) The amount that equals the amount paid under section 7,628
3307.80 3307.563 of the Revised Code, to the employers trust 7,629
fund;
(C) The remainder of the payment to restore canceled 7,631
161
service credit, to the guarantee fund. 7,632
Sec. 3307.282 3307.711. (A) A member of the state 7,641
teachers retirement system who has at least eighteen months of 7,644
contributing service credit in the system, the police and
firemen's disability and pension fund, public employees 7,646
retirement system, school employees retirement system, or state 7,647
highway patrol retirement system, and is a former member of or no 7,648
longer contributing to the public employees retirement system or 7,649
school employees retirement system may restore service credit 7,650
under section 145.31 or 3309.26 of the Revised Code by making 7,651
payments pursuant to this section through a payroll deduction 7,652
plan established under section 3307.281 3307.70 of the Revised 7,654
Code. A member seeking to restore this service credit shall 7,656
notify the state teachers retirement system on a form approved by
the state teachers retirement board. After receiving the notice, 7,658
the state teachers retirement system shall request that the 7,659
former retirement system calculate under section 145.312 or 7,660
3309.262 of the Revised Code the cost to the member to restore 7,662
service credit for each year or portion of a year of service for 7,663
which the member seeks to restore the service credit. The amount 7,664
the former retirement system certifies as the cost of restoring 7,665
the service credit, plus interest described in division (B) of 7,666
this section, is the cost to the member of restoring the service 7,667
credit. On receiving the certification from the former
retirement system, the state teachers retirement system shall 7,669
notify the member of the cost. 7,670
(B) For each year or portion of a year of service credit 7,672
restored under section 145.31 or 3309.26 of the Revised Code, a 7,673
member shall pay to the state teachers retirement system the 7,675
amount certified by the former retirement system plus interest at 7,676
a rate specified by the former retirement system under section 7,677
145.312 or 3309.262 of the Revised Code for the period during 7,678
which deductions are made under section 3307.281 3307.70 of the 7,679
Revised Code. 7,681
162
(C) The state teachers retirement board shall annually 7,684
notify the former retirement system that a payment to restore 7,685
service credit under section 145.31 or 3309.26 of the Revised 7,686
Code has been made. At the time the payment is transferred under 7,687
division (D) of this section, the former retirement system shall 7,688
restore the service credit for the year or portion of a year for 7,689
which the payment was made. 7,690
(D) On application for a payment of accumulated 7,692
contributions or an age and service retirement, disability, or 7,694
survivor benefit under Chapter 145., 3307., or 3309. of the 7,695
Revised Code by a member who made payments under this section to 7,697
restore service credit in a former retirement system, the state 7,698
teachers retirement system shall pay to the former retirement 7,699
system an amount equal to the total amount paid by the member 7,701
under this section.
(E) The board shall adopt rules to implement this section. 7,703
Sec. 3307.283 3307.712. After receiving a request from the 7,712
public employees retirement system under division (A) of section 7,714
145.311 or the school employees retirement system under division 7,716
(A) of section 3309.261 of the Revised Code, the state teachers 7,719
retirement system shall do both of the following: 7,720
(A) Calculate and certify to the requesting retirement 7,723
system the cost to a former member to restore service credit 7,724
under section 3307.28 3307.71 of the Revised Code for each year 7,725
or portion of a year for which the former member seeks to restore 7,727
service credit under that section.
(B) Inform the requesting retirement system of the rate of 7,729
interest charged to a member under a payroll deduction plan 7,730
authorized under section 3307.281 3307.70 of the Revised Code. 7,731
Sec. 3307.73 3307.72. The state teachers retirement board 7,740
shall credit years of service to a member PARTICIPATING IN THE 7,742
PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE 7,743
who was employed for teaching service by an employer who failed 7,744
to make retirement contributions to the state teachers retirement 7,745
163
system during any year or years beginning on or after September 7,746
1, 1920, if the member deposits in the teachers' savings fund a 7,747
per cent of the member's annual compensation for such service, at 7,749
the rate of contribution then in effect, plus interest compounded 7,750
annually at a rate established by the retirement board. The 7,751
member may choose to purchase only part of such credit in any one 7,752
payment, subject to board rules. 7,753
The employer shall, upon the request of such member, 7,755
certify the amount of compensation by years of employment to the 7,757
secretary of the board. For teaching service on or after July 1, 7,758
1978, the employer shall pay an amount equal to the employer 7,759
contributions due at the time the service occurred, plus compound
interest at a rate determined by the board from the date the 7,760
service began to the date of payment. 7,761
Sec. 3307.22 3307.73. (A)(1) Except as provided in 7,770
division (A)(2) of this section, a member of the state teachers 7,771
retirement system with PARTICIPATING IN THE PLAN DESCRIBED IN 7,772
SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE WHO HAS at least 7,773
eighteen months of contributing service in the system, the public 7,775
employees retirement system, or the school employees retirement 7,776
system who CHOSE TO BE exempted himself from membership in one or 7,779
more of the systems pursuant to section 145.03, or 3309.23 of the 7,780
Revised Code, or former section 3307.25 or 3309.25 of the Revised 7,781
Code, or was exempt under section 3307.27 3307.24 of the Revised 7,783
Code, may purchase credit for each year or portion of a year of 7,784
service for which he THE MEMBER was exempted.
(2) A member may not purchase credit under this section 7,786
for service that was exempted from contribution under section 7,787
3307.27 3307.24 of the Revised Code and subject to the tax on 7,788
wages imposed by the "Federal Insurance Contributions Act," 68A 7,790
Stat. 415 (1954), 26 U.S.C.A. 3101, as amended. 7,791
(B) For each year or portion of a year of credit purchased 7,793
under this section, a member shall pay to the STATE TEACHERS 7,794
retirement system an amount determined by multiplying the 7,796
164
member's compensation for the twelve months of contributing 7,797
service preceding the month in which he THE MEMBER applies to 7,798
purchase the credit by a percentage rate established by rule of 7,800
the state teachers retirement board adopted under division (F) of 7,801
this section.
(C) Subject to board rules, a member may purchase all or 7,803
part of the credit he THE MEMBER is eligible to purchase under 7,804
this section in one or more payments. If the member purchases 7,806
the credit in more than one payment, compound interest at a rate 7,807
specified by rule of the board shall be charged on the balance 7,808
remaining after the first payment is made. 7,809
(D) Credit purchasable under this section shall not exceed 7,811
one year of service for any twelve-month period. If the period 7,812
of service for which credit is purchasable under this section is 7,813
concurrent with a period of service that will be used to 7,814
calculate a retirement benefit from this system, the public 7,815
employees retirement system, or the school employees retirement 7,816
system, the amount of the credit shall be adjusted in accordance 7,817
with rules adopted by the state teachers retirement board. 7,818
A member who is also a member of the public employees 7,820
retirement system or the school employees retirement system shall 7,821
purchase credit for any service for which he THE MEMBER exempted 7,822
himself SELF under section 145.03 or 3309.23 of the Revised Code, 7,824
or former section 3307.25 or 3309.25 of the Revised Code, or was 7,825
exempt under section 3307.27 3307.24 of the Revised Code, from 7,826
the retirement system in which he THE MEMBER has the greatest 7,828
number of years of service credit. If the member receives 7,830
benefits under section 3307.41 3307.57 of the Revised Code, the 7,832
state retirement system that determines and pays the retirement 7,833
benefit shall receive from the other system or systems the 7,834
amounts paid by the member for purchase of credit for exempt 7,835
service plus interest at the actuarial assumption rate of the 7,836
system paying that amount. The interest shall be for the period 7,837
beginning on the date of the member's last payment for purchase 7,838
165
of the credit and ending on the date of the member's retirement. 7,839
(E) If a member dies or withdraws from service, any 7,841
payment made by the member under this section shall be considered 7,842
as accumulated contributions of the member. 7,843
(F) The retirement board shall adopt rules to implement 7,845
this section. 7,846
Sec. 3307.32 3307.74. (A) Service credit purchased under 7,855
this section shall be included in the member's total service 7,857
credit. Credit may be purchased BY A MEMBER PARTICIPATING IN THE 7,858
PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE 7,859
for the following:
(1) Teaching service in a public or private school, 7,861
college, or university of this or another state, and for teaching 7,862
service in any school or entity operated by or for the United 7,863
States government. Teaching credit purchased under this section 7,864
shall be limited to service rendered in schools, colleges, or 7,865
universities chartered or accredited by the appropriate 7,866
governmental agency. 7,867
(2) Public service with another state or the United States 7,869
government, provided that such credit shall be limited to service 7,870
that would have been covered by the state teachers retirement 7,871
system, the school employees retirement system, the Ohio police 7,873
and fire pension fund, the state highway patrol retirement 7,876
system, or the public employees retirement system if served in a 7,877
comparable public position in this state.
(3) Service for which contributions were made by the 7,879
member or on the member's behalf to a municipal retirement system 7,881
in this state. 7,882
The number of years of service purchased under this section 7,884
shall not exceed the lesser of five years or the member's total 7,885
accumulated number of years of Ohio service. 7,886
(B)(1) Except as otherwise provided in division (B)(2) of 7,888
this section, for each year of service purchased under this 7,889
section, a member shall pay to the state teachers retirement 7,890
166
system for credit to the member's accumulated account an amount 7,892
equal to the member's retirement contribution for full-time 7,893
employment for the first year of Ohio service following 7,895
termination of the service to be purchased. To this amount shall 7,896
be added an amount equal to compound interest at a rate 7,897
established by the state teachers retirement board from the date 7,898
of membership in the state teachers retirement system to the date 7,899
of payment.
(2) For each year of service described in division (A) of 7,901
this section that commenced on or after July 1, 1989, and, 7,902
without regard to when the service commenced, for each year of 7,903
service purchased under division (A) of this section by a member 7,904
who first established membership in the retirement system on or 7,905
after July 1, 1989, the member shall pay to the retirement system 7,906
for credit to the member's individual account an amount specified 7,908
by the state teachers retirement board that shall be not less 7,909
than fifty per cent of the additional liability resulting from 7,910
the purchase of that year of service as determined by an actuary 7,911
employed by the board. 7,912
(3) A member may choose to purchase only part of the 7,914
credit the member is eligible to purchase under this section in 7,916
any one payment, subject to board rules. 7,917
(C) A member is ineligible to purchase under this section 7,919
service that is used in the calculation of any retirement benefit 7,920
currently being paid or payable in the future to such member 7,921
under any other retirement program, except social security. At 7,922
the time the credit is purchased, the member shall certify on a 7,923
form furnished by the retirement board that the member does and 7,925
will conform to this requirement. 7,926
(D) Credit purchased under this section may be combined 7,928
pursuant to section 3307.41 3307.57 of the Revised Code with 7,929
credit purchased under sections 145.293 and 3309.31 of the 7,931
Revised Code, except that not more than a total of five years' 7,932
service credit purchased under this section and sections 145.293 7,933
167
and 3309.31 of the Revised Code shall be used in determining 7,934
retirement eligibility or calculating benefits under section 7,935
3307.41 3307.57 of the Revised Code. 7,937
(E) The retirement board shall establish a policy to 7,939
determine eligibility to purchase credit under this section, and 7,940
its decision shall be final. 7,941
Sec. 3307.33 3307.741. (A) As used in this section, 7,950
"other Ohio state retirement system" means the public employees 7,952
retirement system, the school employees retirement system, the 7,953
Ohio police and fire pension fund, or the state highway patrol 7,956
retirement system.
(B) Any member PARTICIPATING IN THE PLAN DESCRIBED IN 7,958
SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE, in addition to 7,959
service as a teacher, may purchase credit for either of the 7,960
following:
(1) Similar service as a teacher in the public day 7,962
schools, in state universities, state normal schools, and other 7,963
state or municipal institutions of a character similar to the 7,964
state or municipally supported schools of Ohio in which 7,965
membership in the state teachers retirement system is allowed, of 7,966
another state of the United States, or of any territory or 7,967
possession of the United States, or of the District of Columbia; 7,968
(2) Similar service as an employee of an employer who 7,970
comes within any other Ohio state retirement system but for 7,971
service which is rendered at any time in another state of the 7,972
United States or of any territory or possession thereof, or for 7,973
service as an employee of the United States government, provided 7,974
credit cannot be purchased for service credit or benefits 7,975
received in any other state retirement system in Ohio. 7,976
(C) Any member who has at least ten years of total service 7,978
credit may also purchase credit for similar service as a teacher 7,979
in a private school, college, university, or other educational 7,980
institution that is located in this or another state, in any 7,981
territory or possession of the United States, or in the District 7,982
168
of Columbia, and is chartered or accredited by the appropriate 7,983
governmental agency. 7,984
(D) The state teachers retirement board shall have final 7,986
authority to determine and fix the amount of the payment that 7,987
shall be made for credit for service purchased under this 7,988
section, provided that if the member established membership in 7,989
the state teachers retirement system on or after July 1, 1989, or 7,990
the credit is for service described in division (B) or (C) of 7,991
this section that commenced on or after July 1, 1989, the amount 7,992
of the payment fixed by the board shall be not less than fifty 7,993
per cent of the additional liability resulting from the credit as 7,994
specified by an actuary employed by the board. 7,995
A member may choose to purchase only part of the credit the 7,997
member is eligible to purchase under this section in any one 7,999
payment, subject to board rules. Such payment, together with 8,000
interest compounded annually at a rate to be determined by the 8,001
board, may be refunded under the same conditions and in the same 8,002
manner as refunds are made under section 3307.51 3307.26 of the 8,003
Revised Code, and the credit provided by such payment shall be 8,005
canceled. At superannuation or commuted superannuation 8,006
retirement such payment for service, with regular interest 8,007
compounded annually at a rate to be determined by the board, 8,008
shall be deposited in the annuity and pension reserve fund as the 8,009
reserve for additional annuity as provided in section 3307.51 8,010
3307.26 of the Revised Code, excepting moneys charged for any 8,012
additional liabilities resulting from the purchase of the service 8,013
credit as determined by the actuary employed by the board. 8,014
Sec. 3307.02 3307.75. (A) As used in this section, "armed 8,023
forces" of the United States includes both: 8,025
(1) Army, navy, air force, marine corps, coast guard, 8,027
auxiliary corps as established by congress, army nurse corps, 8,028
navy nurse corps, red cross nurse serving with the army, navy, 8,029
air force, or hospital service of the United States, full-time 8,030
service with the American red cross in a combat zone, and such 8,031
169
other service as is designated by the congress as included 8,032
therein; 8,033
(2) Personnel of the Ohio national guard, the Ohio 8,035
military reserve, the Ohio naval militia, and the reserve 8,036
components of the armed forces enumerated in division (A)(1) of 8,037
this section who are called to active duty pursuant to an 8,038
executive order issued by the president of the United States or 8,039
an act of congress. 8,040
(B) Upon presentation of an honorable discharge or 8,042
certificate of service, and subject to rules adopted by the state 8,043
teachers retirement board, any member of the state teachers 8,044
retirement system PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 8,045
3307.50 TO 3307.79 OF THE REVISED CODE who was or is out of 8,047
active service as a teacher by reason of having become a member 8,048
of the armed forces of the United States on active duty or 8,049
service shall be considered as on indefinite leave of absence and 8,050
shall have such service not in excess of ten years considered as 8,051
the equivalent of prior service, provided the member returns to 8,052
service as a teacher within two years after the effective date of 8,053
discharge and establishes one year of service credit, or becomes 8,054
a member of either the public employees retirement system or the 8,055
school employees retirement system within such two-year period 8,056
and establishes at least one year of service credit. The 8,057
retirement board shall extend such two-year period an additional 8,058
year if failure to return is due to continuous professional 8,059
training as determined by said board. If such member, otherwise 8,060
qualified for such credit, canceled membership by the withdrawal 8,062
of the member's accumulated account, such military service credit 8,063
shall be granted following the restoration of the member's 8,064
canceled service credit as provided by section 3307.28 3307.71 of 8,066
the Revised Code. Any member of the state teachers retirement 8,068
system or anyone who becomes a new entrant who is assigned or 8,069
called to take charge of special training for essential national 8,070
defense work or veterans' training courses in any of the public 8,071
170
schools or universities of the state may make regular 8,072
contributions to the state teachers retirement system even though 8,073
the member's or new entrant's salary is paid from federal funds, 8,076
provided the member's or new entrant's salary is disbursed by an 8,077
employer.
(C) A member of the state teachers retirement system is 8,079
ineligible to receive service credit under this section for any 8,080
year of military service credit used in the calculation of any 8,081
retirement benefit currently being paid to the member or payable 8,082
in the future under any other retirement program, except social 8,083
security, or used to obtain service credit pursuant to section 8,084
3307.021 3307.751 or 3307.022 3307.752 of the Revised Code. At 8,086
the time such credit is requested, the member shall certify on a 8,088
form supplied by the retirement board that the member does and 8,089
will conform to this requirement. This division does not cancel 8,090
any military service credit earned prior to March 15, 1979. 8,091
Sec. 3307.021 3307.751. (A) A member PARTICIPATING IN THE 8,100
PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE 8,101
may purchase service credit that shall be considered as the 8,103
equivalent of Ohio service for each year of service incurred by 8,104
reason of having been on active duty as a member of the armed 8,105
forces of the United States, as defined in section 3307.02 8,106
3307.75 of the Revised Code. The credit may be purchased at any 8,108
time prior to the effective date of a benefit. The number of 8,109
years purchased under this division shall not exceed five. 8,110
(B) For the purposes of this division, "prisoner of war" 8,112
means any regularly appointed, enrolled, enlisted, or inducted 8,113
member of the armed forces of the United States who was captured, 8,114
separated, and incarcerated by an enemy of the United States. 8,115
A member PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 8,117
3307.50 TO 3307.79 OF THE REVISED CODE may purchase service 8,118
credit that shall be considered as the equivalent of Ohio service 8,119
for each year of service such member was a prisoner of war. The 8,120
number of years purchased under this division shall not exceed 8,121
171
five. Service credit may be purchased under this division for 8,122
the same years of service used to purchase service credit under 8,123
division (A) of this section. 8,124
(C) The total number of years purchased under this section 8,126
shall not exceed the member's total accumulated number of years 8,127
of Ohio service. 8,128
(D)(1) Except as otherwise provided in division (D)(2) of 8,130
this section, for each year of service purchased under division 8,131
(A) or (B) of this section, the member shall pay to the state 8,132
teachers retirement system for credit to the member's accumulated 8,134
account an amount determined by the member rate of contribution 8,135
in effect at the time the military service began multiplied by 8,136
the member's annual compensation for full-time employment during 8,138
the first year of service in Ohio following termination of 8,139
military service. If, however, a limit on maximum salary or 8,140
maximum contribution was in effect at the time the military 8,141
service began, the limit shall be applied to the salary received 8,142
during the first year of service in Ohio to calculate the amount 8,143
of payment. To this amount shall be added an amount equal to 8,144
compound interest at a rate established by the state teachers 8,145
retirement board from the date active military service terminated 8,146
to date of payment.
(2) For each year of service purchased under division (A) 8,148
or (B) of this section for military service that commenced on or 8,149
after July 1, 1989, and, without regard to when the military 8,150
service commenced, for each year of service purchased under 8,151
division (A) or (B) of this section by a member who first 8,152
established membership in the retirement system on or after July 8,153
1, 1989, the member shall pay to the retirement system for credit 8,154
to the member's individual account an amount specified by the 8,156
state teachers retirement board that shall be not less than fifty 8,157
per cent of the additional liability resulting from the purchase 8,158
of that year of service as determined by an actuary employed by 8,159
the board. 8,160
172
(3) A member may choose to purchase only part of the 8,162
credit the member is eligible to purchase under this section in 8,164
any one payment, subject to board rules. 8,165
(E) A member of the state teachers retirement system is 8,167
ineligible to purchase service credit under this section for any 8,168
year of military service that was: 8,169
(1) Used in the calculation of any retirement benefit 8,172
currently being paid to such member or payable in the future 8,173
under any other retirement program, except for retired pay for 8,174
non-regular service under Chapter 1223 of Section 1662 of Title 8,176
XVI of the "National Defense Authorization Act for Fiscal Year 8,177
1995," 108 Stat. 2998 (1994), 10 U.S.C.A. 12731 to 12739, or 8,178
social security; 8,179
(2) Used to obtain service credit pursuant to section 8,181
3307.02 3307.75 or 3307.022 3307.752 of the Revised Code. 8,183
At the time the credit is purchased, the member shall 8,186
certify on a form furnished by the retirement board that the 8,187
member does and will conform to this requirement. 8,189
(F) Credit purchased under this section may be combined 8,191
pursuant to section 3307.41 3307.57 of the Revised Code with 8,192
credit for military service purchased under sections 145.301 and 8,194
3309.021 of the Revised Code, except that not more than a total 8,195
of five years of credit purchased under division (A) of this 8,196
section, division (A) of section 145.301, and division (A) of 8,197
section 3309.021 and not more than a total of five years of 8,198
credit purchased under division (B) of this section, division (B) 8,199
of section 145.301, and division (B) of section 3309.021 of the 8,200
Revised Code shall be used in determining retirement eligibility 8,201
or calculating benefits under section 3307.41 3307.57 of the 8,202
Revised Code.
Sec. 3307.022 3307.752. (A) As used in this section: 8,212
(1) "Service in the uniformed services" means the 8,214
performance of duty on a voluntary or involuntary basis in a 8,215
uniformed service under competent authority and includes active 8,216
173
duty, active duty for training, initial active duty for training, 8,218
inactive duty training, full-time national guard duty, and a 8,219
period for which a person is absent from a position of employment 8,220
for the purpose of an examination to determine the fitness of the 8,221
person to perform any such duty.
(2) "Uniformed services" means the army, navy, air force, 8,223
marine corps, coast guard, or any reserve components of such 8,224
services; national guard; the commissioned corps of the United 8,226
States public health service; service as a red cross nurse with 8,228
the army, navy, air force, or hospital service of the United 8,229
States, army nurse corps, navy nurse corps, or serving full-time 8,231
with the American red cross in a combat zone; and any other 8,233
category of persons designated by the president in time of war or 8,234
emergency.
(B) On THE re-employment of a member PARTICIPATING IN THE 8,237
PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE 8,238
as a teacher by the same public employer that employed the member 8,239
prior to the member's service in the uniformed services, the 8,240
member may apply to the state teachers retirement system on a 8,241
form provided by the system to purchase service credit for 8,242
service in the uniformed services that shall be considered the 8,243
equivalent of Ohio service credit. On receipt of the 8,245
application, the retirement system shall request from the 8,246
employer that employed the member as a teacher prior to the 8,247
military service a certification that the member was employed by 8,248
the employer prior to, and returned to employment with the 8,249
employer within three months of honorable discharge or release 8,250
from, service in the uniformed services. If the employer can so 8,251
certify, it shall do so and shall pay to the retirement system 8,252
the employer's contribution required by this section. The 8,253
service credit shall be granted the member if all of the 8,254
following requirements are met:
(1) The member was a member of and maintained membership 8,256
in the state teachers retirement system throughout service in the 8,258
174
uniformed services;
(2) The member was out of active service as a teacher by 8,260
reason of service in the uniformed services; 8,261
(3) The member was honorably discharged or released from 8,263
service in the uniformed services; 8,264
(4) The member pays contributions to the retirement system 8,267
in accordance with this section.
(C) Credit may be purchased pursuant to this section at 8,270
any time prior to receipt of a benefit. The member may choose to 8,271
purchase only part of the credit in any one payment, subject to 8,272
board rules. The retirement system shall grant service credit 8,273
under this section, not to exceed five years, for each period of 8,274
service in the uniformed services for which contributions have 8,275
been received. 8,276
(D) For service purchased under this section, the member 8,279
and the member's employer, subject to board rules, shall pay to 8,280
the retirement system for credit to the member's accumulated 8,281
account an amount equal to the contributions that would have been 8,282
paid pursuant to sections 3307.51 3307.26 and 3307.53 3307.28 of 8,284
the Revised Code if the member had not been out of active service 8,287
as a teacher by reason of service in the uniformed services. 8,288
If a member pays all or any portion of the contributions 8,290
required by section 3307.51 3307.26 of the Revised Code later 8,293
than the lesser of five years or a period that is three times the 8,294
member's period of service in the uniformed services beginning 8,295
from the later of the member's date of re-employment as a teacher 8,296
or the effective date of this section OCTOBER 29, 1996, an amount 8,297
equal to compound interest at a rate established by the board 8,299
from the later of the member's date of re-employment as a teacher 8,300
or the effective date of this section OCTOBER 29, 1996, to the 8,301
date of payment shall be added to the remaining amount to be paid 8,303
by the member to purchase service credit under this section. 8,304
(E) This section does not cancel any military service 8,307
credit or service in the uniformed services earned or granted 8,308
175
under this chapter prior to the effective date of this section 8,309
OCTOBER 29, 1996. 8,310
(F) If a member purchased service credit under section 8,313
3307.021 3307.751 of the Revised Code prior to the effective date 8,317
of this section OCTOBER 29, 1996, is not receiving a benefit, and 8,318
would have been eligible to obtain service credit pursuant to 8,319
this section had it been in effect at the time of purchase, the 8,320
retirement system shall refund the amounts paid by the member for 8,321
the purchase if both of the following requirements are met: 8,322
(1) The member makes a written request for a refund on a 8,324
form provided by the retirement system; 8,325
(2) The member pays to the retirement system the 8,327
contributions required by this section. 8,328
(G) If the member meets the requirements of division (F) 8,332
of this section, the employer shall pay to the retirement system 8,333
the employer's contributions required by this section. 8,334
Sec. 3307.411 3307.76. (A) A member of the state teachers 8,343
retirement system PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 8,344
3307.50 TO 3307.79 OF THE REVISED CODE shall, in computing years 8,345
of total service, be given full credit for time served in the 8,346
public employees retirement system under Chapter 145. of the 8,347
Revised Code or in the school employees retirement system under 8,348
Chapter 3309. of the Revised Code, provided that the member pays 8,349
to the state teachers retirement system the amount specified in 8,350
division (B) of this section. 8,351
(B) For each year of service described in division (A) of 8,353
this section , a member shall pay an amount specified by the 8,354
state teachers retirement board, which shall be not less than 8,355
fifty per cent of the additional liability resulting from the 8,356
purchase of that year of service as determined by an actuary 8,357
employed by the board. 8,358
(C) A member may choose to purchase only part of the 8,360
credit the member is eligible to purchase under this section in 8,362
any one payment, subject to board rules. 8,363
176
A member is ineligible to purchase credit under this 8,365
section if credit for the service may be obtained from the public 8,367
employees retirement system or school employees retirement system 8,368
or if the credit is for service that is used in the calculation 8,369
of any retirement benefit currently being paid or payable in the 8,370
future to the member.
Sec. 3307.412 3307.761. (A) A member of the state 8,380
teachers retirement system PARTICIPATING IN THE PLAN DESCRIBED IN 8,381
SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE who has
contributions on deposit with the Ohio police and fire pension 8,383
fund or the state highway patrol retirement system shall, in 8,384
computing years of total service, be given full credit for 8,385
service credit earned under Chapter 742. or 5505. of the Revised 8,388
Code or purchased for service in the armed forces of the United 8,391
States if a transfer to the state teachers retirement system is 8,393
made under this division. At the request of the member, the Ohio 8,394
police and fire pension fund or state highway patrol retirement 8,395
system shall transfer to the state teachers retirement system, 8,396
for each year of service, the sum of the following: 8,398
(1) An amount equal to the member's payments for service 8,401
in the armed forces of the United States and accumulated 8,403
contributions to the transferring fund or system; 8,404
(2) An amount equal to the lesser of the employer's 8,406
contributions to the Ohio police and fire pension fund or state 8,408
highway patrol retirement system or the amount that would have 8,409
been contributed by the employer for the service had the member 8,410
been a member of the state teachers retirement system; 8,411
(3) Interest, determined as provided in division (E) of 8,414
this section, on the amounts specified in divisions (A)(1) and 8,416
(2) of this section from the last day of the year for which the 8,418
service credit was earned or in which military service credit was 8,419
purchased or obtained to the date the transfer is made. 8,421
(B) A member PARTICIPATING IN THE PLAN DESCRIBED IN 8,423
SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE who has at least 8,425
177
eighteen months of contributing service with the state teachers 8,426
retirement system, is a former member of the Ohio police and fire 8,428
pension fund or state highway patrol retirement system, and has 8,430
received a refund of contributions to that fund or system shall, 8,431
in computing years of total service, be given full credit for 8,432
service credit earned under Chapter 742. or 5505. of the Revised 8,434
Code or purchased for service in the armed forces of the United 8,437
States if, for each year of service, the state teachers 8,439
retirement system receives the sum of the following: 8,440
(1) An amount, which shall be paid by the member, equal to 8,443
the amount refunded by the Ohio police and fire pension fund or 8,444
the state highway patrol retirement system to the member for that 8,445
year for accumulated contributions and payments for purchase of 8,446
credit for service in the armed forces of the United States, with 8,448
interest on that amount from the date of the refund to the date 8,450
of the payment; 8,451
(2) Interest, which shall be transferred by the Ohio 8,454
police and fire pension fund or state highway patrol retirement 8,457
system, on the amount refunded to the member that is attributable
to the year of service from the last day of the year for which 8,459
the service credit was earned or in which military service credit 8,460
was purchased or obtained to the date the refund was made; 8,462
(3) An amount, which shall be transferred by the Ohio 8,464
police and fire pension fund or state highway patrol retirement 8,466
system, equal to the lesser of the amount contributed by the 8,467
employer to the Ohio police and fire pension fund or state 8,468
highway patrol retirement system for that year or the amount that 8,469
would have been contributed by the employer for the year had the 8,470
member been a member of the state teachers retirement system, 8,471
with interest on that amount from the last day of the year for 8,474
which the service credit was earned or in which military service 8,475
credit was purchased or obtained to the date of the transfer. 8,477
On receipt of payment from the member, the state teaches 8,480
TEACHERS retirement system shall notify the Ohio police and fire 8,482
178
pension fund or the state highway patrol retirement system, 8,483
which, on receipt of the notice, shall make the transfer required 8,484
by this division. Interest shall be determined as provided in 8,485
division (E) of this section. 8,486
A member may choose to purchase only part of the credit the 8,489
member is eligible to purchase under this division in any one 8,490
payment, subject to rules of the state teachers retirement board. 8,491
(C) A member is ineligible to obtain credit under this 8,494
section for service that is used in the calculation of any 8,495
retirement benefit currently being paid or payable in the future. 8,496
(D) If a member of the state teachers retirement system 8,499
who is not a current contributor elects to obtain credit under 8,500
section 742.379 or 5505.202 of the Revised Code for service for 8,501
which the member contributed to the state teachers retirement 8,502
system or purchased credit for service in the armed forces of the 8,503
United States, the state teachers retirement system shall 8,506
transfer to the Ohio police and fire pension fund or state 8,507
highway patrol retirement system, as applicable, the amount 8,508
specified in division (D) of section 742.379 or division (B)(2) 8,510
of section 5505.202 of the Revised Code. 8,511
(E) Interest charged under this section shall be 8,514
calculated separately for each year of service credit at the 8,515
lesser of the actuarial assumption rate for that year of the 8,516
state teachers retirement system or of the fund or retirement 8,517
system in which the credit was earned. The interest shall be 8,518
compounded annually. 8,519
(F) The state teachers retirement board shall credit to a 8,522
member's account in the teachers' savings fund the amounts 8,523
described in divisions (A)(1) and (B)(1) of this section, except 8,525
that the interest paid by the member under division (B)(1) of 8,526
this section shall be credited to the employers' trust fund. The 8,528
board shall credit to the employers' trust fund the amounts
described in divisions (A)(2), (3), and (B)(2) of this section. 8,531
Sec. 3307.512 3307.77. (A) As used in this section, 8,540
179
"employer" means the employer employing a member of the state 8,542
teachers retirement system at the time the member commences an 8,543
absence, or is granted a leave described in this section. 8,544
(B) Any member of the state teachers retirement system 8,546
PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 8,547
3307.79 OF THE REVISED CODE who is, or has been, prevented from 8,548
making contributions under section 3307.51 3307.26 of the Revised 8,549
Code because of an absence due to his THE MEMBER'S own illness or 8,551
injury, or who is, or has been, granted a leave for educational, 8,553
professional, or other purposes pursuant to section 3319.13, 8,554
3319.131, or 3345.28 of the Revised Code or for any other reason 8,555
approved by the state teachers retirement board, may purchase 8,556
service credit, not to exceed two years for each such period of 8,557
absence or leave, either by having deductions made in accordance 8,558
with division (C) of this section or by making the payment 8,559
required by division (D) or (E) of this section.
(C) If the absence or leave begins and ends in the same 8,561
year, the member may purchase credit for the absence or leave by 8,562
having the employer deduct and transmit to the system from 8,563
payrolls in that year employee contributions on the amount 8,564
certified by the employer as the compensation the member would 8,565
have received had he THE MEMBER remained employed in the position 8,567
he held when the absence or leave commenced. The deductions may 8,568
be made even though the minimum compensation provided by law for 8,569
the member is reduced thereby, unless the amount to be deducted 8,570
exceeds the compensation to be paid the member from the time 8,571
deductions begin until the end of the year, in which case credit 8,572
may not be purchased under this division. The employer shall pay 8,573
the system the employer contributions on the compensation amount 8,574
certified under this division. Employee and employer 8,575
contributions shall be made at the rates in effect at the time 8,576
the absence or leave occurred. If the employee or employer rates 8,577
in effect change during the absence or leave, the contributions 8,578
for each month of the absence or leave shall be made at the rate 8,579
180
in effect for that month. 8,580
(D) During or following the absence or leave, but no later 8,582
than two years following the last day of the year in which the 8,583
absence or leave terminates, a member may purchase credit for the 8,584
absence or leave by paying to the employer, and the employer 8,585
transmitting to the system, employee contributions on the amount 8,586
certified by the employer as the compensation the member would 8,587
have received had he THE MEMBER remained employed in the position 8,589
he held when the absence or leave commenced. The employer shall 8,590
pay the system the employer contributions on the compensation 8,591
amount certified under this division. Employee and employer 8,592
contributions shall be made at the rates in effect at the time 8,593
the absence or leave occurred. If the employee or employer rates 8,594
in effect change during the absence or leave, the contributions 8,595
for each month of an absence or leave shall be made at the rate 8,596
in effect for that month. 8,597
(E) After two years following the last day of the year in 8,599
which an absence or leave terminated, a member may purchase 8,600
credit for the absence or leave by paying the employer, and the 8,601
employer transmitting to the system, the sum of the following for 8,602
each year of credit purchased: 8,603
(1) An amount determined by multiplying the employee rate 8,605
of contribution in effect at the time the absence or leave 8,606
commenced by the member's annual compensation for his THE 8,607
MEMBER'S last full year of service prior to the commencement of 8,609
the absence or leave, or, if he THE MEMBER has not had a full 8,610
year of service, the compensation the member would have received 8,612
for the year the absence or leave commenced had he THE MEMBER 8,613
continued in service for a full year; 8,615
(2) Interest compounded annually, at a rate determined by 8,617
the board, on the amount determined under division (E)(1) of this 8,618
section for the period commencing two years following the last 8,619
day of the year in which the absence or leave terminated and 8,620
ending on the date of payment; 8,621
181
(3) Interest compounded annually, at a rate determined by 8,623
the board, on an amount equal to the employer's contribution 8,624
required by this division for the period commencing two years 8,625
following the last day of the year in which the absence or leave 8,626
terminated and ending on the date of payment. 8,627
The employer shall pay to the system for each year of 8,629
credit purchased under this division an amount determined by 8,630
multiplying the employer contribution rate in effect at the time 8,631
the absence or leave commenced by the member's annual 8,632
compensation for his THE MEMBER'S last full year of service prior 8,634
to the commencement of the absence or leave, or, if he THE MEMBER 8,635
has not had a full year of service, the compensation the member 8,637
would have received for the year the absence or leave commenced 8,638
had he THE MEMBER continued in service for a full year. 8,640
(F) A member who chooses to purchase service credit under 8,642
division (D) or (E) of this section may choose to purchase only 8,643
part of the credit for which he THE MEMBER is eligible in any one 8,645
payment, but payments made more than two years following the last 8,646
day of the year in which the absence or leave terminated shall be 8,647
made in accordance with division (E) of this section. 8,648
(G) The state teachers retirement board may adopt rules to 8,650
implement this section. 8,651
Sec. 3307.515 3307.771. As used in this section, "regular 8,660
employment" means a consistent pattern of employment for twelve 8,662
or more consecutive weeks by the same employer during the year. 8,663
A member of the state teachers retirement system 8,665
PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 8,666
3307.79 OF THE REVISED CODE who prior to July 1, 1982, was 8,667
granted a leave of absence for pregnancy or resigned due to 8,668
pregnancy may purchase service credit for a period for which she 8,669
did not make contributions under section 3307.51 3307.26 of the 8,670
Revised Code. Service credit purchased under this section shall 8,672
not exceed the lesser of two years or the period from the day the 8,673
leave commenced or the effective date of resignation to the date 8,674
182
of the member's return to regular employment as a contributor to
the retirement system. A member may purchase credit for more 8,675
than one period of absence due to pregnancy, but the total 8,676
service credit purchased under this section, FORMER section 8,677
3307.513, and FORMER section 3307.514 of the Revised Code shall 8,678
not exceed two years. The member shall submit evidence 8,679
satisfactory to the retirement board documenting that the leave 8,680
or resignation was due to pregnancy.
For each year of service credit purchased under this 8,682
section, the member shall pay to the system for credit to her 8,683
accumulated account an amount determined by multiplying the 8,684
employee rate of contribution in effect at the time the leave or 8,685
absence commenced by her annual compensation for full-time
employment during the first year of service in Ohio following 8,686
termination of the absence or leave and adding to that amount 8,687
interest compounded annually, at a rate established by the board, 8,688
from the date the absence or leave terminated to the date of 8,689
payment.
A member may purchase all or part of the credit for which 8,691
she is eligible in one or more payments. A member who purchases 8,692
service credit for an absence or leave under this section may not 8,693
purchase credit for that absence or leave under section 3307.512 8,694
3307.77 of the Revised Code. A member who has purchased service 8,695
credit for an absence or leave under FORMER section 3307.512, 8,696
3307.513, or 3307.514 OR SECTION 3307.77 of the Revised Code may 8,697
not purchase credit under this section for the same period of 8,698
absence or leave.
The state teachers retirement board may adopt rules to 8,700
implement this section. 8,701
Sec. 3307.311 3307.78. (A) As used in this section, 8,710
"school board member" means a member of a city, local, exempted 8,712
village, or joint vocational school district board of education 8,713
and "governing board member" means a member of an educational 8,714
service center governing board. 8,715
183
(B) A member of the state teachers retirement system 8,717
PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 8,718
3307.79 OF THE REVISED CODE who does both of the following may 8,719
purchase credit for service as a school board or governing board 8,720
member, other than service subject to the tax on wages imposed by 8,722
the "Federal Insurance Contributions Act," 68A Stat. 415 (1954), 8,723
26 U.S.C.A. 3101, as amended, if the member is eligible to retire 8,725
under this chapter or will become eligible to retire as a result 8,726
of purchasing the credit:
(1) Agrees to retire within ninety days after receiving 8,728
notice of the additional liability under division (C) of this 8,729
section; 8,730
(2) Provides evidence satisfactory to the STATE TEACHERS 8,732
retirement board of service as a school board or governing board 8,734
member during the years for which the member wishes to purchase 8,736
credit.
Credit may be purchased for service as a school board or 8,739
governing board member between September 1, 1920, and the first
day of January of the year in which the credit is purchased. A 8,741
member is eligible to purchase one-quarter of a year's credit for 8,742
each year of service as a school board or governing board member. 8,743
Credit purchased under this section shall be included in 8,745
the member's total service credit for the purposes of section 8,746
3307.36 3307.52 of the Revised Code. 8,747
(C) On receipt of a request from a member eligible to 8,749
purchase credit under this section, the system shall obtain from 8,750
its actuary certification of the additional liability to the 8,751
system for each quarter year of credit the member is eligible to 8,752
purchase and shall notify the member of such additional 8,753
liability. Within ninety days after receiving notice of the 8,754
additional liability, the member may purchase in quarter-year 8,755
increments any portion of the credit the member is eligible to 8,756
purchase. For each quarter year of credit purchased, the member 8,757
shall pay to the system an amount equal to the additional 8,758
184
liability resulting from the purchase. Payment shall be made in 8,759
full at the time of purchase. 8,760
(D) The state teachers retirement board shall adopt rules 8,762
in accordance with section 111.15 of the Revised Code concerning 8,763
the purchase of credit under this section. In addition to any 8,764
other matters considered relevant by the board, the rules shall 8,765
specify the procedure to be followed to inform the system that a 8,767
member wishes to purchase credit for service as a school board or 8,769
governing board member.
(E) If the member does not retire within ninety days after 8,771
purchasing credit under this section, the system shall withdraw 8,772
the credit and refund the amount paid by the member. 8,773
Sec. 3307.383 3307.79. (A) A member whose death occurred 8,783
prior to July 1, 1973, who at the time of death had more than 8,784
thirty-four but less than thirty-five years of service credit 8,785
shall be presumed to have completed thirty-five years of such 8,786
credit. Any member whose death occurred on or after July 1, 8,787
1973, but prior to August 20, 1976, and who at the time of death 8,788
had more than thirty-one but less than thirty-two years of 8,789
service credit shall be presumed to have completed thirty-two 8,790
years of such credit. Any member PARTICIPATING IN THE PLAN 8,791
DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE 8,792
whose death occurs on or after August 20, 1976, and who at the 8,793
time of death has more than twenty-nine but less than thirty 8,794
years of service credit shall be presumed to have completed 8,795
thirty years of such credit.
Upon (B) ON the death of a member WHO IS PARTICIPATING IN 8,798
THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED
CODE prior to service retirement, the surviving spouse or 8,800
dependents of the deceased member shall have the right to 8,801
purchase any service credit the member, had the member not died, 8,803
would have been eligible to purchase pursuant to sections
3307.021 3307.71, 3307.022 3307.72, 3307.22 3307.73, 3307.28 8,805
3307.74, 3307.32 3307.741, 3307.33 3307.751, 3307.411 3307.752, 8,807
185
3307.412 3307.76, 3307.512 3307.761, 3307.77, and 3307.73 8,810
3307.771 of the Revised Code upon the same terms and conditions 8,811
which the deceased member could have purchased such service 8,812
credit had the deceased member not died. Any service credit 8,813
purchased under this section shall be applied under the 8,815
provisions of this chapter in the same manner as it would have 8,816
been applied had it been purchased by the deceased member during 8,817
the deceased member's lifetime. 8,818
Sec. 3307.80. THE STATE TEACHERS RETIREMENT BOARD SHALL 8,820
ADOPT RULES TO IMPLEMENT THE PLAN ESTABLISHED UNDER SECTION 8,821
3307.81 OF THE REVISED CODE. 8,822
Sec. 3307.81. THE STATE TEACHERS RETIREMENT BOARD SHALL 8,824
ESTABLISH A PLAN CONSISTING OF TWO OR MORE BENEFIT OPTIONS THAT 8,825
PROVIDE FOR AN INDIVIDUAL ACCOUNT FOR EACH PARTICIPATING MEMBER 8,826
AND UNDER WHICH BENEFITS ARE BASED SOLELY ON THE AMOUNTS THAT 8,828
HAVE ACCUMULATED IN THE ACCOUNT. THE PLAN MAY INCLUDE OPTIONS 8,829
UNDER WHICH A MEMBER PARTICIPATING IN THE PLAN MAY RECEIVE 8,830
DEFINITELY DETERMINABLE BENEFITS.
THE PLAN ESTABLISHED UNDER THIS SECTION SHALL MEET THE 8,833
REQUIREMENTS OF THIS SECTION AND SECTIONS 3307.82 TO 3307.89 OF
THE REVISED CODE. IT MAY INCLUDE LIFE INSURANCE, ANNUITIES, 8,835
VARIABLE ANNUITIES, REGULATED INVESTMENT TRUSTS, POOLED
INVESTMENT FUNDS, OR OTHER FORMS OF INVESTMENT. 8,837
THE BOARD MAY ADMINISTER THE PLAN, ENTER INTO CONTRACTS 8,839
WITH OTHER ENTITIES TO ADMINISTER THE PLAN, OR BOTH. THE BOARD 8,840
MAY CONTRACT WITH ANOTHER ENTITY TO ADMINISTER THE PLAN IF THE 8,841
ENTITY AGREES TO MEET ALL REQUIREMENTS OF THIS CHAPTER APPLICABLE 8,842
TO THE PLAN. 8,843
Sec. 3307.811. EACH OPTION OFFERED UNDER THE PLAN 8,845
ESTABLISHED UNDER SECTION 3307.81 OF THE REVISED CODE SHALL MEET 8,847
THE REQUIREMENTS NECESSARY TO QUALIFY AS A RETIREMENT SYSTEM 8,849
MAINTAINED BY A STATE OR LOCAL GOVERNMENT ENTITY UNDER DIVISION 8,850
(b)(7)(F) OF SECTION 3121 OF THE "INTERNAL REVENUE CODE OF 1986," 8,852
100 STAT. 2085, 26 U.S.C.A. 3121(b)(7)(F), AS AMENDED. EACH 8,855
186
PARTICIPANT IN THE PLAN SHALL QUALIFY AS A MEMBER OF THAT SYSTEM. 8,857
Sec. 3307.812. IN ESTABLISHING THE PLAN UNDER SECTION 8,859
3307.81 OF THE REVISED CODE, THE STATE TEACHERS RETIREMENT BOARD 8,861
MAY DO ALL THINGS NECESSARY TO AVOID BEING REQUIRED TO PAY 8,862
FEDERAL OR STATE INCOME TAXES ON CONTRIBUTIONS TO THE PLAN OR 8,863
AMOUNTS EARNED UNDER THE PLAN AND, TO THE EXTENT PERMITTED UNDER 8,865
FEDERAL OR STATE LAW, TO ALLOW MEMBERS PARTICIPATING IN THE PLAN 8,866
TO MAKE CONTRIBUTIONS FOR PERIODS OF INTERRUPTED OR PRIOR
SERVICE. 8,867
Sec. 3307.82. (A) NOT LATER THAN TEN DAYS AFTER RECEIVING 8,869
A COPY OF THE FORM EVIDENCING AN ELECTION TO PARTICIPATE IN THE 8,871
PLAN ESTABLISHED UNDER SECTION 3307.81 OF THE REVISED CODE, THE 8,874
STATE TEACHERS RETIREMENT SYSTEM SHALL NOTIFY THE MEMBER WHO MADE
THE ELECTION THAT THE MEMBER MUST SELECT ONE OF THE BENEFIT 8,876
OPTIONS OFFERED UNDER THE PLAN. THE NOTICE SHALL INCLUDE A COPY 8,877
OF THE FORM DESCRIBED IN DIVISION (B) OF THIS SECTION. 8,878
(B) NOT LATER THAN THIRTY DAYS AFTER RECEIVING NOTICE 8,880
UNDER DIVISION (A) OF THIS SECTION, THE MEMBER SHALL FILE WITH 8,881
THE SYSTEM, ON A FORM PROVIDED BY THE SYSTEM, NOTICE OF THE 8,882
MEMBER'S SELECTION OF ONE OF THE BENEFIT OPTIONS OFFERED UNDER 8,883
THE PLAN ESTABLISHED UNDER SECTION 3307.81 OF THE REVISED CODE. 8,885
Sec. 3307.821. THE STATE TEACHERS RETIREMENT SYSTEM SHALL 8,887
PERMIT A MEMBER PARTICIPATING IN THE PLAN ESTABLISHED UNDER 8,888
SECTION 3307.81 OF THE REVISED CODE TO CHANGE THE BENEFIT OPTION 8,890
SELECTED BY THE MEMBER UNDER SECTION 3307.82 OF THE REVISED CODE 8,892
AT LEAST ONCE EACH YEAR OR AT MORE FREQUENT INTERVALS, AS 8,893
PROVIDED IN RULES ADOPTED UNDER SECTION 3307.80 OF THE REVISED 8,894
CODE.
Sec. 3307.83. THE RIGHT OF EACH MEMBER PARTICIPATING IN 8,896
THE PLAN ESTABLISHED UNDER SECTION 3307.81 OF THE REVISED CODE TO 8,897
A RETIREMENT, DISABILITY, OR SURVIVOR BENEFIT OR TO A WITHDRAWAL 8,899
OF CONTRIBUTIONS SHALL BE GOVERNED BY THE BENEFIT OPTION SELECTED 8,900
BY THE MEMBER UNDER SECTION 3307.82 OF THE REVISED CODE. 8,902
Sec. 3307.84. FOR EACH MEMBER PARTICIPATING IN THE PLAN 8,904
187
ESTABLISHED UNDER SECTION 3307.81 OF THE REVISED CODE, THE STATE 8,905
TEACHERS RETIREMENT SYSTEM SHALL TRANSFER TO THE EMPLOYER'S TRUST 8,906
FUND A PORTION OF THE EMPLOYER CONTRIBUTION REQUIRED UNDER 8,907
SECTION 3307.28 OF THE REVISED CODE THAT IS EQUAL TO THE PER CENT 8,908
ESTABLISHED UNDER DIVISION (E) OF SECTION 3305.06 OF THE REVISED 8,910
CODE. THE REMAINDER SHALL BE CREDITED AS PROVIDED IN SECTION 8,912
3307.28 OF THE REVISED CODE. 8,913
Sec. 3307.86. THE STATE TEACHERS RETIREMENT SYSTEM MAY 8,915
REQUIRE MEMBERS PARTICIPATING IN THE PLAN ESTABLISHED UNDER 8,916
SECTION 3307.81 OF THE REVISED CODE AND THEIR EMPLOYERS TO 8,917
FURNISH ANY INFORMATION REQUIRED UNDER THIS CHAPTER AT MORE 8,918
FREQUENT INTERVALS THAN THOSE REQUIRED FOR MEMBERS PARTICIPATING 8,919
IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE 8,920
REVISED CODE. THE SYSTEM HAS NO DUTY TO ACCEPT CONTRIBUTIONS BY 8,921
OR ON BEHALF OF A MEMBER IF THE INFORMATION IS NOT FURNISHED AT 8,922
SUCH INTERVALS.
Sec. 3307.88. (A) THIS SECTION APPLIES TO A MEMBER OF THE 8,924
STATE TEACHERS RETIREMENT SYSTEM WHO HAS LESS THAN FOUR YEARS OF 8,925
SERVICE CREDIT AT THE TIME THE MEMBER BEGINS PARTICIPATION IN THE 8,926
PLAN ESTABLISHED UNDER SECTION 3307.81 OF THE REVISED CODE. 8,927
(B) ON COMPLETION BY A MEMBER OF TEACHING SERVICE EQUAL TO 8,929
THE TEACHING SERVICE REQUIRED TO ESTABLISH FIVE YEARS OF SERVICE 8,930
CREDIT UNDER THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF 8,931
THE REVISED CODE, THE MEMBER SHALL BEGIN PARTICIPATING IN THE 8,933
PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE 8,934
UNLESS THE MEMBER ELECTS UNDER SECTION 3307.881 OF THE REVISED 8,936
CODE TO REMAIN IN THE PLAN ESTABLISHED UNDER SECTION 3307.81 OF
THE REVISED CODE. 8,937
(C) WHEN, UNDER DIVISION (B) OF THIS SECTION, A MEMBER 8,939
BEGINS PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 8,941
3307.79 OF THE REVISED CODE, THE SYSTEM SHALL DO ALL OF THE 8,942
FOLLOWING:
(1) TRANSFER FROM THE MEMBER'S ACCOUNT IN THE DEFINED 8,944
CONTRIBUTION FUND TO AN ACCOUNT IN THE TEACHERS' SAVINGS FUND THE 8,945
188
SUM OF THE FOLLOWING: 8,946
(a) AN AMOUNT EQUAL TO THE CONTRIBUTIONS MADE PURSUANT TO 8,948
SECTION 3307.26 OF THE REVISED CODE; 8,949
(b) ANY SUPPLEMENTAL CONTRIBUTIONS MADE BY THE MEMBER; 8,951
(c) ANY EARNINGS FROM SUPPLEMENTAL CONTRIBUTIONS. 8,953
(2) TRANSFER TO THE EMPLOYERS' TRUST FUND ANY AMOUNT 8,955
REMAINING IN THE MEMBER'S ACCOUNT IN THE DEFINED CONTRIBUTION 8,956
FUND AFTER THE TRANSFER DESCRIBED IN DIVISION (C)(1) OF THIS 8,957
SECTION IS MADE.
(3) CREDIT TO THE MEMBER FIVE YEARS OF SERVICE CREDIT 8,959
UNDER SECTION 3307.53 OF THE REVISED CODE. 8,960
(D) IF THE AMOUNT IN THE MEMBER'S ACCOUNT IN THE DEFINED 8,962
CONTRIBUTION FUND IS LESS THAN THE AMOUNTS REQUIRED TO BE 8,963
TRANSFERRED UNDER DIVISIONS (C)(1) AND (2) OF THIS SECTION, THE 8,964
SYSTEM SHALL TRANSFER FROM THE GUARANTEE FUND ESTABLISHED UNDER 8,965
SECTION 3307.14 OF THE REVISED CODE TO THE FUNDS DESCRIBED IN 8,966
DIVISIONS (C)(1) AND (2) OF THIS SECTION THE AMOUNTS NECESSARY TO 8,968
MAKE THE TRANSFERS REQUIRED BY THAT DIVISION. 8,969
(E) A MEMBER WHO BEGINS PARTICIPATION IN THE PLAN 8,971
DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE 8,972
PURSUANT TO THIS SECTION SHALL HAVE THE SAME RIGHTS AND 8,974
PRIVILEGES UNDER THE PLAN AS A MEMBER WHO NEVER HAD MADE AN 8,976
ELECTION TO PARTICIPATE IN THE PLAN ESTABLISHED UNDER SECTION 8,977
3307.81 OF THE REVISED CODE. 8,978
Sec. 3307.881. A MEMBER OF THE STATE TEACHERS RETIREMENT 8,980
SYSTEM PARTICIPATING IN A PLAN ESTABLISHED UNDER SECTION 3307.81 8,981
OF THE REVISED CODE WHO IS SUBJECT TO SECTION 3307.88 OF THE 8,984
REVISED CODE MAY ELECT TO CONTINUE PARTICIPATING IN THE PLAN. AN 8,985
ELECTION SHALL BE MADE IN WRITING ON A FORM PROVIDED BY THE STATE 8,986
TEACHERS RETIREMENT BOARD AND FILED WITH THE BOARD NOT LATER THAN
THIRTY DAYS PRIOR TO THE DATE ON WHICH THE MEMBER WOULD HAVE FIVE 8,987
YEARS OF SERVICE CREDIT HAD THE MEMBER ELECTED TO PARTICIPATE IN 8,988
THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED 8,989
CODE WHEN TEACHING SERVICE BEGAN. 8,990
189
Sec. 3307.882. NOT LATER THAN ONE HUNDRED EIGHTY DAYS 8,992
PRIOR TO THE BEGINNING OF THE THIRTY-DAY PERIOD DESCRIBED IN 8,993
SECTION 3307.881 OF THE REVISED CODE, THE STATE TEACHERS 8,995
RETIREMENT SYSTEM SHALL NOTIFY A MEMBER WHO IS SUBJECT TO SECTION 8,996
3307.88 OF THE REVISED CODE OF THE OPPORTUNITY TO ELECT TO 8,997
CONTINUE PARTICIPATION IN THE PLAN ESTABLISHED UNDER SECTION 8,998
3307.81 OF THE REVISED CODE. THE NOTICE SHALL INCLUDE THE 8,999
INFORMATION DESCRIBED IN SECTION 3307.881 OF THE REVISED CODE. 9,000
Sec. 3307.89. THE STATE TEACHERS RETIREMENT BOARD MAY 9,002
OFFER TO MEMBERS PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 9,003
3307.50 TO 3307.79 OF THE REVISED CODE THE OPPORTUNITY TO ALSO 9,004
PARTICIPATE IN ONE OR MORE OF THE BENEFIT OPTIONS AVAILABLE UNDER 9,006
THE PLAN ESTABLISHED UNDER SECTION 3307.81 OF THE REVISED CODE. 9,008
A MEMBER'S CONTRIBUTIONS UNDER THIS SECTION SHALL BE CREDITED TO 9,010
AN INDIVIDUAL ACCOUNT ESTABLISHED FOR THE MEMBER IN THE DEFINED 9,011
CONTRIBUTION FUND. 9,012
Sec. 3307.68 3307.96. If a local district pension system 9,021
votes to merge with the state teachers retirement system as 9,023
provided in section 3307.26 3307.241 of the Revised Code, the 9,026
state teachers retirement board shall employ an actuary to value
the assets and liabilities which will be taken over by the state 9,027
teachers retirement system hereby created in the event of such 9,028
merger. The actuary so employed shall be an actuary also 9,030
approved by the employer in whose district the local district 9,032
pension system is operated, and the expense of the valuation 9,033
shall be paid by such THE employer. The actuary shall compute 9,034
the present value of the liabilities on account of teachers in 9,035
service in the local district pension system and on account of 9,036
pensioners in the rolls of such local district pension system. 9,037
He THE ACTUARY shall also compute the present value of the 9,039
prospective amount to be received by reason of the payment of the
normal contributions by the employer on behalf of the active 9,040
teachers of such local system in the event of the contemplated 9,041
merger. From the present value of the total liability for 9,042
190
pensions on account of teachers in service in the local district 9,043
pension system as previously determined, the actuary shall deduct 9,044
the present value of the normal contributions.
The amount remaining, together with any excess, of the 9,046
present value of all payments, necessary to continue the pensions 9,047
of the pensioners of the local district pension system, over and 9,048
above the amount of moneys and securities of such system, shall 9,049
be known as the "accrued liability." No teacher who is a member 9,050
of a local district pension system on May 9, 1919, shall receive
a lesser total retirement allowance upon retirement after merger 9,051
of the local system with the state teachers retirement system 9,052
than said teacher would have received upon retirement under the 9,053
local system.
Sec. 3307.69 3307.97. That part of the accrued liability, 9,062
due on account of pensions to pensioners already on the rolls of 9,064
the local district pension system, referred to in section 3307.68 9,065
3307.96 of the Revised Code, remaining unpaid on September 1, 9,067
1924, shall be paid by the employer at the rate of at least four
per cent per annum of such accrued liability with interest at 9,068
four per cent per annum on unpaid balances. Both the payment and 9,069
interest shall be payable semiannually on dates to be fixed by 9,070
the state teachers retirement board. Payments on that part of 9,071
the accrued liability due to teachers in active service in the 9,072
local district pension system shall be at the same rate per cent 9,073
of the salaries of such teachers as the deficiency contribution
rate fixed in FORMER section 3307.54 of the Revised Code, and 9,074
shall be made until the year in which the deficiency contribution 9,076
payable by other employers who had no local pension system may be 9,077
discontinued.
Sec. 3307.70 3307.98. The increasing contribution 9,086
determined as provided in sections 3307.68 3307.96 and 3307.69 9,088
3307.97 of the Revised Code by the actuary shall be paid by the 9,090
employer. In the event of merger, the moneys and securities to 9,091
the credit of the local district pension system, not exceeding an 9,092
191
aggregate amount equal to the present value of the payments to be 9,093
made on account of all pensions to the pensioners on the rolls of 9,094
the local district pension system, shall be transferred to the 9,095
employers' accumulation fund and the pensions then payable by the 9,096
local district pension system shall thereafter be paid from the 9,097
employers' accumulation fund until the reserves on these pensions 9,098
with the other pensions payable from the employers' accumulation 9,099
fund have been accumulated and shall be transferred to the 9,100
annuity and pension reserve fund, from which fund they shall 9,101
thereafter be payable. The pensions of the active members of the 9,102
local district pension system and of the new entrants shall 9,103
thereafter be payable as are the pensions of other members of the 9,104
state teachers retirement system. The amount of the excess of 9,105
the moneys and securities of the local district pension system 9,106
over and above the present value of the payments to be made on 9,107
account of all pensions to the pensioners of the rolls of the 9,108
local district pension system shall be transferred to the 9,109
teachers' savings fund and shall be credited pro rata to the 9,110
active teachers of such local district pensions system on the 9,111
basis of the amounts of their previous contributions to the local 9,112
district pension system. In case such method of distribution is 9,113
not found practicable by the state teachers retirement board, the 9,114
board may use such other method of apportionment as seems fair 9,115
and equitable to such board. The amount so credited in any case 9,116
shall be considered as a part of the teacher's accumulated 9,117
contributions, AS DEFINED IN SECTION 3307.50 OF THE REVISED CODE, 9,118
for all purposes except in the case of retirement UNDER THE PLAN 9,120
DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE in
which it shall be considered as an amount in excess of the 9,121
teacher's accumulated contributions and shall be used in 9,122
purchasing from the annuity and pension reserve fund an annuity, 9,123
in addition to any other annuity or pension benefit otherwise 9,124
provided by this chapter. 9,125
After the moneys and securities of any local district 9,127
192
pension system have been transferred to the employers' 9,128
accumulation fund or to the teachers' savings fund, such local 9,129
district pension system shall cease to exist. 9,130
Sec. 3309.021. (A) A member may purchase service credit 9,139
that shall be considered as the equivalent of Ohio service for 9,140
each year of service incurred by reason of having been on active 9,141
duty as a member of the armed forces of the United States, as 9,142
defined in section 3309.02 of the Revised Code. All or part of 9,143
the credit may be purchased at any time prior to receipt of a 9,144
retirement allowance. The number of years purchased under this 9,146
division shall not exceed five.
(B) For the purposes of this division, "prisoner of war" 9,148
means any regularly appointed, enrolled, enlisted, or inducted 9,149
member of the armed forces of the United States who was captured, 9,150
separated, and incarcerated by an enemy of the United States. 9,151
A member may purchase service credit that shall be 9,153
considered as the equivalent of Ohio service for each year of 9,154
service such member was a prisoner of war. The number of years 9,155
purchased under this division shall not exceed five. Service 9,156
credit may be purchased under this division for the same years of 9,157
service used to purchase service credit under division (A) of 9,158
this section. The member may choose to purchase only part of 9,159
such credit in any one payment, subject to board rules. 9,160
(C) The total number of years purchased under this section 9,162
shall not exceed the member's total accumulated number of years 9,163
of Ohio service. 9,164
(D) For each year of service purchased under division (A) 9,166
or (B) of this section, the member shall pay to the school 9,167
employees retirement system for credit to the member's 9,168
accumulated account an amount determined by the member rate of 9,170
contribution in effect at the time the military service began 9,171
multiplied by the annual compensation for full-time employment 9,172
during the first year of service covered by the school employees 9,173
retirement system, public employees retirement system, or state 9,174
193
teachers retirement system following termination of military 9,175
service. If, however, a limit on maximum salary or maximum 9,176
contribution was in effect at the time the military service 9,177
began, the limit shall be applied to the salary received during 9,178
the first year of service in Ohio to calculate the amount of 9,179
payment. To this amount shall be added an amount equal to 9,180
compound interest at a rate established by the school employees 9,181
retirement board from the date of the member's first service 9,182
covered by the school employees retirement system, public 9,183
employees retirement system, or state teachers retirement system 9,184
following termination of the military service to date of payment. 9,185
(E) A member of the school employees retirement system is 9,187
ineligible to purchase service credit under this section for any 9,188
year of military service that was: 9,189
(1) Used in the calculation of any retirement benefit 9,192
currently being paid to the member or payable in the future under 9,193
any other retirement program, except for retired pay for 9,194
nonregular service under Chapter 1223 of Section 1662 of Title 9,196
XVI of the "National Defense Authorization Act for Fiscal Year 9,197
1995," 108 Stat. 2998 (1994), 10 U.S.C.A. 12731 to 12739, or 9,198
social security; 9,199
(2) Used to obtain service credit pursuant to section 9,201
3309.02 or 3309.022 of the Revised Code. 9,202
At the time such credit is purchased, the member shall 9,205
certify on a form furnished by the retirement board that the 9,206
member does and will conform to this requirement. 9,208
(F) Credit purchased under this section may be combined 9,210
pursuant to section 3309.35 of the Revised Code with credit for 9,211
military service purchased under sections 145.301 and 3307.021 9,212
3307.751 of the Revised Code, except that not more than an 9,214
aggregate total of five years of credit purchased under division 9,215
(A) of this section, division (A) of section 145.301, and 9,216
division (A) of section 3307.021 3307.751 of the Revised Code, 9,217
and not more than an aggregate total of five years of credit 9,219
194
purchased under division (B) of this section, division (B) of 9,220
section 145.301, and division (B) of section 3307.021 3307.751 of 9,221
the Revised Code shall be used in determining retirement 9,223
eligibility or calculating benefits under section 3309.35 of the 9,224
Revised Code.
Sec. 3309.261. (A) A member of the school employees 9,233
retirement system who has at least eighteen months of 9,234
contributing service credit in the system, the OHIO police and 9,235
firemen's disability and FIRE pension fund, public employees 9,237
retirement system, state teachers retirement system, or state 9,238
highway patrol retirement system, and is a former member of or no 9,239
longer contributing to the public employees retirement system or 9,240
state teachers retirement system may restore service credit under 9,241
section 145.31 or 3307.28 3307.71 of the Revised Code by making 9,243
payments pursuant to this section through a payroll deduction 9,244
plan established under section 3309.27 of the Revised Code. A 9,245
member seeking to restore service credit shall notify the school 9,247
employees retirement system on a form approved by the school 9,248
employees retirement board. After receiving the notice, the 9,249
school employees retirement system shall request that the former 9,250
retirement system calculate under section 145.312 or 3307.283 9,251
3307.712 of the Revised Code the cost to the member to restore 9,254
service credit for each year or portion of a year of service for 9,255
which the member seeks to restore the service credit. The amount 9,256
the former retirement system certifies as the cost of restoring 9,257
the service credit, plus interest described in division (B) of 9,258
this section, is the cost to the member of restoring the service 9,259
credit. On receiving the certification from the former 9,260
retirement system, the school employees retirement system shall 9,261
notify the member of the cost.
(B) For each year or portion of a year of service credit 9,263
restored under section 145.31 or 3307.28 3307.71 of the Revised 9,264
Code, a member shall pay to the school employees retirement 9,266
system the amount certified by the former retirement system plus 9,267
195
interest at a rate specified by the former retirement system 9,268
under section 145.312 or 3307.283 3307.712 of the Revised Code 9,269
for the period during which deductions are made under section 9,271
3309.27 of the Revised Code. 9,272
(C) The school employees retirement board shall annually 9,275
notify the former retirement system that a payment to restore 9,276
service credit under section 145.31 or 3307.28 3307.71 of the 9,277
Revised Code has been made. At the time the payment is 9,278
transferred under division (D) of this section, the former 9,279
retirement system shall restore the service credit for the year 9,280
or portion of a year for which the payment was made. 9,282
(D) On application for a payment of accumulated 9,284
contributions or an age and service retirement, disability, or 9,286
survivor benefit under Chapter 145., 3307., or 3309. of the 9,287
Revised Code by a member who made payments under this section to 9,289
restore service credit in a former retirement system, the school 9,290
employees retirement system shall pay to the former retirement 9,291
system an amount equal to the total amount paid by the member 9,292
under this section.
(E) The board shall adopt rules to implement this section. 9,294
Sec. 3309.262. After receiving a request from the public 9,304
employees retirement system under division (A) of section 145.311 9,305
or the state teachers retirement system under division (A) of 9,308
section 3307.282 3307.711 of the Revised Code, the school 9,310
employees retirement system shall do both of the following: 9,311
(A) Calculate and certify to the requesting retirement 9,314
system the cost to a former member to restore service credit 9,315
under section 3309.26 of the Revised Code for each year or 9,316
portion of a year for which the former member seeks to purchase 9,317
service credit under that section.
(B) Inform the requesting retirement system of the rate of 9,319
interest charged to a member under a payroll deduction plan 9,320
authorized under section 3309.27 of the Revised Code. 9,321
Sec. 3309.301. (A)(1) Except as provided in division 9,330
196
(A)(2) of this section, a member of the school employees 9,331
retirement system with at least eighteen months of contributing 9,332
service in the system, the public employees retirement system, or 9,333
the state teachers retirement system who exempted himself SELF 9,334
from membership in one or more of the systems pursuant to section 9,336
145.03 or 3309.23 of the Revised Code, or former section 3307.25 9,337
or 3309.25 of the Revised Code, or was exempt under section 9,338
3307.27 3307.24 of the Revised Code, may purchase credit for each 9,340
year or portion of a year of service for which he THE MEMBER was 9,341
exempted. 9,342
(2) A member may not purchase credit under this section 9,344
for service that was exempted from contribution under section 9,345
3309.23 of the Revised Code and subject to the tax on wages 9,346
imposed by the "Federal Insurance Contributions Act," 68A Stat. 9,347
415 (1954), 26 U.S.C.A. 3101, as amended. 9,348
(B) Upon receipt of a request from a member eligible to 9,350
purchase credit under this section and certification of the 9,351
member's service and compensation from the employer for which the 9,352
exempt service was performed, the school employees retirement 9,353
system shall determine the amount of credit the member is 9,354
eligible to purchase in accordance with divisions (B)(1) and (2) 9,355
of this section. 9,356
(1) If the credit to be purchased is for service exempted 9,358
under section 3309.23 or former section 3309.25 of the Revised 9,359
Code, determine the amount of credit that would have been earned 9,360
had the service not been exempt. 9,361
(2) If the credit to be purchased is for service exempted 9,363
under section 145.03 or 3307.27 3307.24, or former section 9,364
3307.25 of the Revised Code, request certification from the 9,366
applicable retirement system that the service was exempt and the 9,367
amount of service credit that would have been earned had the 9,368
service not been exempt. 9,369
(C) For each year or portion of a year of credit purchased 9,371
under this section, a member shall pay to the retirement system 9,372
197
an amount determined by multiplying the member's compensation for 9,373
the twelve months of contributing service preceding the month in 9,374
which he THE MEMBER applies to purchase the credit by a 9,375
percentage rate established by rule of the school employees 9,377
retirement board adopted under division (G) of this section. 9,378
(D) Subject to board rules, a member may purchase all or 9,380
part of the credit he THE MEMBER is eligible to purchase under 9,381
this section in one or more payments. If the member purchases 9,383
the credit in more than one payment, compound interest at a rate 9,384
specified by rule of the board shall be charged on the balance 9,385
remaining after the first payment is made. 9,386
(E) Credit purchasable under this section shall not exceed 9,388
one year of service for any twelve-month period. If the period 9,389
of service for which credit is purchasable under this section is 9,390
concurrent with a period of service that will be used to 9,391
calculate a retirement benefit from this system, the public 9,392
employees retirement system, or the state teachers retirement 9,393
system, the amount of the credit shall be adjusted in accordance 9,394
with rules adopted by the school employees retirement board. 9,395
A member who is also a member of the public employees 9,397
retirement system or the state teachers retirement system shall 9,398
purchase credit for any service for which he THE MEMBER exempted 9,399
himself SELF under section 145.03 or 3309.23 of the Revised Code, 9,401
or former section 3307.25 or 3309.25 of the Revised Code, or was 9,402
exempt under section 3307.27 3307.24 of the Revised Code, from 9,403
the retirement system in which he THE MEMBER has the greatest 9,405
number of years of service credit. If the member receives 9,407
benefits under section 3309.35 of the Revised Code, the state 9,408
retirement system that determines and pays the retirement benefit 9,409
shall receive from the other system or systems the amounts paid 9,410
by the member for purchase of credit for exempt service plus 9,411
interest at the actuarial assumption rate of the system paying 9,412
that amount. The interest shall be for the period beginning on 9,413
the date of the member's last payment for purchase of the credit 9,414
198
and ending on the date of the member's retirement. 9,415
(F) If a member dies or withdraws from service, any 9,417
payment made by the member under this section shall be considered 9,418
as accumulated contributions of the member. 9,419
(G) The retirement board shall adopt rules to implement 9,421
this section. 9,422
Sec. 3309.31. Service credit purchased under this section 9,431
shall be included in the member's total service credit. Credit 9,432
may be purchased for the following: 9,433
(A) School service in a public or private school, college, 9,435
or university of this or another state, and for school service in 9,436
any school or entity operated by or for the United States 9,437
government. Credit purchased under this section for school 9,438
service shall be limited to service rendered in schools, 9,439
colleges, or universities chartered or accredited by the 9,440
appropriate governmental agency. 9,441
(B) Public service with another state or the United States 9,443
government, provided that such credit shall be limited to service 9,444
that would have been covered by the state teachers retirement 9,445
system, the Ohio police and fire pension fund, the state highway 9,448
patrol retirement system, or the public employees retirement 9,449
system if served in a comparable public position in this state. 9,450
(C) Service for which contributions were made by the 9,452
member or on the member's behalf to a municipal retirement system 9,454
in this state. 9,455
The number of years of service purchased under this section 9,458
shall not exceed the lesser of five years or the member's total 9,459
accumulated number of years of Ohio service.
For each year of service purchased under this section, a 9,461
member shall pay to the school employees retirement system for 9,462
credit to the member's accumulated account an amount equal to the 9,464
member's retirement contribution for full-time employment for the 9,465
first year of Ohio service following termination of the service 9,466
to be purchased. To this amount shall be added an amount equal 9,467
199
to compound interest at a rate established by the school 9,468
employees retirement board from the date of membership in the 9,469
school employees retirement system to date of payment. A member 9,470
may choose to purchase only part of such credit in any one 9,471
payment, subject to board rules. 9,472
A member is ineligible to purchase under this section 9,474
service that is used in the calculation of any retirement benefit 9,475
currently being paid or payable in the future to the member under 9,476
any other retirement program, except social security. At the 9,477
time the credit is purchased, the member shall certify on a form 9,478
furnished by the retirement board that the member does and will 9,480
conform to this requirement. 9,481
(D) Credit purchased under this section may be combined 9,483
pursuant to section 3309.35 of the Revised Code with credit 9,484
purchased under sections 145.293 and 3307.32 3307.74 of the 9,485
Revised Code, except that not more than an aggregate total of 9,487
five years' service credit purchased under this section and 9,488
sections 145.293 and 3307.32 3307.74 of the Revised Code shall be 9,489
used in determining retirement eligibility or calculating 9,491
benefits under section 3309.35 of the Revised Code. 9,492
(E) The retirement board shall establish a policy to 9,494
determine eligibility to purchase credit under this section, and 9,495
its decision shall be final. 9,496
Sec. 3309.341. (A) As used in this section: 9,505
(1) "SERS retirant" means any person who is receiving a 9,507
retirement allowance from the school employees retirement system 9,508
under section 3309.36, 3309.38, or 3309.381 of the Revised Code. 9,509
(2) "Other system retirant" means a member or former 9,511
member of the public employees retirement system, Ohio police and 9,513
fire pension fund, state teachers retirement system, state 9,514
highway patrol retirement system, or Cincinnati retirement system 9,515
who is receiving age and service or commuted age and service 9,516
retirement, or a disability benefit from a system of which the 9,517
retirant is a member or former member.
200
(B)(1) An SERS retirant or other system retirant may be 9,519
employed by a public employer. If so employed, the SERS retirant 9,520
or other system retirant shall contribute to the school employees 9,521
retirement system in accordance with section 3309.47 of the 9,522
Revised Code, and the employer shall make contributions in 9,523
accordance with section 3309.49 of the Revised Code. 9,524
(2) An employer that employs an SERS retirant or other 9,526
system retirant shall notify the retirement board of the 9,527
employment not later than the end of the month in which the 9,528
employment commences. On receipt of notice from an employer that 9,529
a person who is an other system retirant has been employed, the 9,530
school employees retirement system shall notify the state 9,531
retirement system of which the other system retirant was a member 9,532
of such employment. 9,533
(C) An SERS retirant or other system retirant who has 9,535
received a retirement allowance or disability benefit for less 9,537
than two months when employment subject to this section commences 9,538
shall forfeit the retirement allowance or disability benefit for 9,540
the period that begins on the date the employment commences and 9,541
ends on the date that is two months after the date on which the 9,542
retirement allowance or disability benefit commenced. Service 9,543
and contributions for that period shall not be included in the 9,544
calculation of any benefits payable to the SERS retirant or other 9,545
system retirant, and those contributions shall be refunded on 9,546
death or termination of the employment. 9,547
(D) On receipt of notice from the Ohio police and fire 9,550
pension fund, public employees retirement system, or state 9,552
teachers retirement system of the re-employment of an SERS 9,553
retirant, the school employees retirement system shall not pay,
or if paid shall recover, the amount to be forfeited by the SERS 9,554
retirant in accordance with section 145.38, 742.26, or 3307.381 9,555
3307.35 of the Revised Code. 9,556
(E)(1) On termination of employment under this section, an 9,558
SERS retirant or other system retirant may file an application 9,559
201
with the school employees retirement system for a benefit under 9,560
this division, which shall consist of a single life annuity 9,561
having a reserve equal to the amount of the retirant's 9,562
accumulated contributions for the period of employment and an 9,564
equal amount of the employer's contributions, plus interest 9,565
credited to the date of retirement at the rate provided in 9,566
division (I)(2) of section 3309.01 of the Revised Code. The SERS 9,567
retirant or other system retirant shall elect either to receive 9,568
the benefit as a monthly annuity for life or a lump-sum payment 9,569
discounted to the present value using the current actuarial 9,570
assumption rate of interest, except that if the monthly annuity 9,571
would be less than twenty-five dollars per month, the retirant 9,573
shall receive a lump-sum payment.
(2) A benefit payable under this division shall commence 9,575
on the first day of the month after the latest of the following: 9,576
(a) The last day for which compensation for employment 9,578
subject to this section was paid; 9,579
(b) Attainment by the SERS retirant or other system 9,581
retirant of age sixty-five; 9,582
(c) If the SERS retirant or other system retirant was 9,584
previously employed under this section and is receiving or 9,585
previously received a benefit under this division, completion of 9,586
a period of twelve months since the effective date of that 9,587
benefit. 9,588
(3) An SERS retirant or other system retirant subject to 9,590
this section is not a member of the school employees retirement 9,591
system; does not have any of the rights, privileges, or 9,592
obligations of membership, except as specified in this section; 9,593
and is not eligible to receive health, medical, hospital, or 9,594
surgical benefits under section 3309.69 of the Revised Code for 9,595
employment subject to this section. No amount received under 9,596
this division shall be included in determining an additional 9,597
benefit under section 3309.374 of the Revised Code or any other 9,598
post-retirement benefits. 9,599
202
(F)(1) If an SERS retirant or other system retirant dies 9,601
while employed in employment subject to this section, a lump-sum 9,602
payment calculated in accordance with division (E)(1) of this 9,603
section shall be paid to the beneficiary under division (H) of 9,604
this section. 9,605
(2) If at the time of death an SERS retirant or other 9,607
system retirant receiving a monthly annuity has received less 9,608
than the retirant would have received as a lump-sum payment, the 9,611
difference between the amount received and the amount that would 9,613
have been received as a lump-sum payment shall be paid to the 9,614
retirant's beneficiary under division (H) of this section. 9,616
(G) If the disability benefit of an other system retirant 9,618
employed under this section is terminated, the retirant shall 9,619
become a member of the school employees retirement system, 9,621
effective on the first day of the month next following the 9,622
termination, with all the rights, privileges, and obligations of 9,623
membership. If the retirant, after the termination of the 9,625
disability benefit, earns two years of service credit under this 9,627
retirement system or under the public employees retirement 9,628
system, Ohio police and fire pension fund, state teachers 9,629
retirement system, or state highway patrol retirement system, the 9,631
retirant's prior contributions as an other system retirant under 9,633
this section shall be included in the retirant's total service 9,634
credit as a school employees retirement system member, and the 9,636
retirant shall forfeit all rights and benefits of this section. 9,638
Not more than one year of credit may be given for any period of 9,639
twelve months.
(H) An SERS retirant or other system retirant employed 9,641
under this section may designate one or more persons as 9,642
beneficiary to receive any benefits payable under this section 9,643
due to death. The designation shall be in writing duly executed 9,645
on a form provided by the school employees retirement board, 9,646
signed by the SERS retirant or other system retirant, and filed 9,647
with the board prior to death. The last designation of a 9,648
203
beneficiary revokes all previous designations. The SERS
retirant's or other system retirant's marriage, divorce, marriage 9,649
dissolution, legal separation, withdrawal of account, birth of 9,650
the retirant's child, or adoption of a child revokes all previous 9,652
designations. If there is no designated beneficiary, the 9,653
beneficiary is the beneficiary designated under division (D) of 9,654
section 3309.44 of the Revised Code. If any benefit payable 9,655
under this section due to the death of an SERS retirant or other 9,656
system retirant is not claimed by a beneficiary within five years 9,657
after the death, the amount payable shall be transferred to the 9,658
guarantee fund and thereafter paid to the beneficiary or the 9,659
estate of the SERS retirant or other system retirant on 9,660
application to the board. 9,661
(I) This section does not affect the receipt of benefits 9,663
by or eligibility for benefits of any person who on August 29, 9,664
1976, was receiving a disability benefit or service retirement 9,665
pension or allowance from a state or municipal retirement system 9,666
in Ohio and was a member of any other state or municipal 9,667
retirement system of this state. 9,668
(J) The school employees retirement board may adopt rules 9,670
to carry out this section. 9,671
Sec. 3309.35. (A) As used in this section: 9,680
(1) "State retirement system" means the public employees 9,682
retirement system, state teachers retirement system, or school 9,683
employees retirement system. 9,684
(2) "Total service credit" means all service credit earned 9,686
in all state retirement systems, except credit for service 9,687
subject to section 3309.341 of the Revised Code. Total service 9,688
credit shall not exceed one year of credit for any twelve-month 9,689
period. 9,690
(3) In addition to the meaning given in division (O) of 9,692
section 3309.01 of the Revised Code, "disability benefit" means 9,693
"disability benefit" as defined in sections 145.01 and 3307.01 of 9,694
the Revised Code. 9,695
204
(B) To coordinate and integrate membership in the state 9,697
retirement systems, at the option of a member, total 9,699
contributions and service credit in all state retirement systems, 9,700
including amounts paid to restore service credit under sections 9,701
145.311, 3307.282 3307.711, and 3309.261 of the Revised Code, 9,703
shall be used in determining the eligibility and total retirement 9,704
or disability benefit payable. When total contributions and 9,705
service credit are so combined, the following provisions apply: 9,706
(1) Service and commuted service retirement or a 9,708
disability benefit is effective no sooner than the first day of 9,709
the month next following the last day of employment for which 9,710
compensation was paid. If the application is filed after that 9,711
date, the board may retire the member on the first day of the 9,712
month next following the last day of employment for which 9,713
compensation was paid. 9,714
(2) In determining eligibility for a disability benefit, 9,716
the medical examiner's report to the retirement board of any 9,717
state retirement system, showing that the member's disability 9,718
incapacitates the member for the performance of duty, may be 9,719
accepted by the state retirement boards as sufficient for 9,721
granting a disability benefit. 9,722
(3) The state retirement system in which the member had 9,724
the greatest service credit, without adjustment, shall determine 9,725
and pay the total retirement or disability benefit. Where the 9,726
member's credit is equal in two or more state retirement systems, 9,728
the system having the largest total contributions of the member 9,729
shall determine and pay the total benefit. 9,730
(4) In determining the total credit to be used in 9,732
calculating a retirement allowance or disability benefit, credit 9,733
shall not be reduced below that certified by the system or 9,734
systems transferring credit, except that such total combined 9,735
service credit shall not exceed one year of credit for any one 9,736
"year" as defined in the law of the system making the 9,737
calculation. 9,738
205
(5) The state retirement system determining and paying a 9,740
retirement or disability benefit shall receive from the other 9,741
system or systems the member's refundable account at retirement 9,742
or the effective date of a disability benefit plus an equal 9,743
amount from the employers' trust fund. 9,744
(a) The annuity rates and mortality tables of the state 9,746
retirement system making the calculation and paying the benefit 9,747
shall be exclusively applicable. 9,748
(b) Deposits made for the purchase of an additional 9,750
annuity, and including guaranteed interest, upon the request of 9,751
the member, shall be transferred to the state retirement system 9,752
paying the retirement or disability benefit. The return upon 9,753
such deposits shall be that offered by the state retirement 9,754
system making the calculation and paying the retirement or 9,755
disability benefit. 9,756
(C) A former member receiving a retirement or disability 9,758
benefit under this section, who accepts employment amenable to 9,759
coverage in any state retirement system that participated in the 9,760
member's combined benefit, shall be subject to the applicable 9,762
provisions of law governing such re-employment. If the former 9,763
member is subject to section 3307.381 3307.35 of the Revised Code 9,764
and exceeds the limits on re-employment established by that 9,766
section, the state retirement system paying a combined benefit 9,767
shall terminate the entire pension portion of the benefit for the 9,768
period of re-employment that exceeds the limit in that section. 9,769
If a former member should be paid any amount in a retirement 9,770
allowance, to which the former member is not entitled under the 9,772
applicable provisions of law governing such re-employment, such 9,773
amount shall be recovered by the state retirement system paying 9,774
such allowance by utilizing any recovery procedure available 9,775
under the code provisions of the state retirement system covering 9,776
such re-employment. 9,777
(D) An SERS retirant or other system retirant, as defined 9,779
in section 3309.341 of the Revised Code, is not eligible to 9,780
206
receive any benefit under this section for service subject to 9,781
section 3309.341 of the Revised Code. 9,782
Sec. 3309.39. (A) The school employees retirement system 9,791
shall provide disability coverage to each member who has at least 9,792
five years of total service credit. 9,793
Not later than October 16, 1992, the school employees 9,795
retirement board shall give each person who is a member on July 9,796
29, 1992, the opportunity to elect disability coverage either 9,799
under section 3309.40 of the Revised Code or under section 9,800
3309.401 of the Revised Code. The board shall mail notice of the 9,801
election, accompanied by an explanation of the coverage under 9,802
each of the Revised Code sections and a form on which the 9,803
election is to be made, to each member at the member's last known 9,805
address. The board shall also provide the explanation and form 9,806
to any member at the member's request.
Regardless of whether the member actually receives notice 9,808
of the right to make an election, a member who fails to file a 9,810
valid election under this section shall be considered to have
elected disability coverage under section 3309.40 of the Revised 9,811
Code. To be valid, an election must be made on the form provided 9,812
by the retirement board, signed by the member, and filed with the 9,813
board not later than one hundred eighty days after the date the 9,814
notice was mailed, or, in the case of a form provided at the 9,815
request of a member, a date specified by rule of the retirement 9,816
board. Once made, an election is irrevocable, but if the member 9,817
ceases to be a member of the retirement system, the election is 9,818
void. If a person who makes an election under this section also 9,819
makes an election under section 145.35 or 3307.42 3307.62 of the 9,821
Revised Code, the election made for the system that pays a 9,822
disability benefit to that person shall govern the benefit. 9,823
Disability coverage shall be provided under section 9,825
3309.401 of the Revised Code for persons who become members after 9,826
July 29, 1992, and for members who elect under this division to 9,829
be covered under section 3309.401 of the Revised Code. 9,830
207
The retirement board may adopt rules governing elections 9,832
made under this division. 9,833
(B) Application for a disability benefit may be made by a 9,835
member, by a person acting in the member's behalf, or by the 9,836
member's employer, provided the member has at least five years of 9,837
total service credit and has disability coverage under section 9,838
3309.40 or 3309.401 of the Revised Code. The application for a 9,839
disability benefit shall be made on a form provided by the 9,840
retirement board. The benefit payable to any member who is 9,841
approved for a disability benefit shall become effective on the 9,842
first day of the month next following the later of the following: 9,843
(1) The last day for which compensation was paid; 9,845
(2) The date on which the member was first incapacitated 9,847
by the disabling condition. 9,848
(C) Medical examination of a member who has applied for a 9,850
disability benefit shall be conducted by a competent 9,851
disinterested physician or physicians selected by the retirement 9,852
board to determine whether the member is mentally or physically 9,853
incapacitated for the performance of the member's last assigned 9,854
primary duty as an employee by a disabling condition either 9,855
permanent or presumed to be permanent for twelve continuous 9,856
months following the filing of an application. Such disability 9,858
must have occurred since last becoming a member or have increased 9,859
since last becoming a member to such extent as to make the 9,860
disability permanent or presumed to be permanent for twelve 9,861
continuous months following the filing of an application. 9,862
(D) Application for a disability benefit must be made 9,864
within two years from the date the member's contributing service 9,865
terminated, unless the retirement board determines that the 9,866
member's medical records demonstrate conclusively that at the 9,867
time the two-year period expired, the member was physically or 9,868
mentally incapacitated for duty as an employee and unable to make 9,869
application. Application may not be made by any person receiving 9,870
a service retirement allowance or commuted service retirement 9,871
208
allowance under section 3309.36, 3309.38, or 3309.381 of the 9,872
Revised Code or any person who, pursuant to section 3309.42 of 9,873
the Revised Code, has been paid the accumulated contributions 9,874
standing to the credit of the person's individual account in the 9,876
employees' savings fund.
(E) If the physician or physicians determine that the 9,878
member qualifies for a disability benefit, the retirement board 9,880
concurs with the determination, and the member agrees to medical
treatment as specified in division (F) of this section, the 9,882
member shall receive a disability benefit under section 3309.40 9,883
or 3309.401 of the Revised Code. The action of the board shall 9,884
be final. At the time the board decides it concurs with the 9,885
determination of the physician or physicians, the board shall 9,886
determine the date on which the member was first incapacitated by 9,887
the disabling condition. 9,888
(F) The school employees retirement board shall adopt 9,890
rules requiring a disability benefit recipient, as a condition of 9,892
continuing to receive a disability benefit, to agree in writing 9,893
to obtain any medical treatment recommended by the board's 9,894
physician and submit medical reports regarding the treatment. If 9,896
the board determines that a disability benefit recipient is not
obtaining the medical treatment or the board does not receive a 9,897
required medical report, the disability benefit shall be 9,898
suspended until the treatment is obtained, the report is received 9,900
by the board, or the board's physician certifies that the 9,901
treatment is no longer helpful or advisable. Should the 9,903
recipient's failure to obtain treatment or submit a medical
report continue for one year, the recipient's right to the 9,905
disability benefit shall be terminated as of the effective date 9,906
of the original suspension.
(G) In the event an employer files an application for a 9,908
disability benefit as a result of a member having been separated 9,909
from service because the member is considered to be mentally or 9,911
physically incapacitated for the performance of the member's last
209
assigned primary duty as an employee, and the physician or 9,912
physicians selected by the board report to the board that the 9,913
member is physically and mentally capable of performing service 9,914
similar to that from which the member was separated, and the 9,915
board concurs in such report, then the board shall so certify to 9,916
the employer and the employer shall restore the member to the 9,917
member's previous position and salary or to a similar position 9,918
and salary.
Sec. 3309.45. Except as provided in division (C)(1) of 9,927
this section, in lieu of accepting the payment of the accumulated 9,929
account of a member who dies before service retirement, the 9,930
beneficiary, as determined in section 3309.44 of the Revised 9,931
Code, may elect to forfeit the accumulated account and to 9,932
substitute certain other benefits either under division (A) or 9,933
(B) of this section.
(A) If a deceased member was eligible for a service 9,935
retirement allowance as provided in section 3309.36, 3309.38, or 9,936
3309.381 of the Revised Code, a surviving spouse or other sole 9,937
dependent beneficiary may elect to receive a monthly benefit 9,939
computed as the joint-survivor allowance designated as "plan D" 9,940
in section 3309.46 of the Revised Code, which the member would 9,941
have received had the member retired on the last day of the month 9,942
of death and had the member at that time selected such 9,943
joint-survivor plan. Payment shall begin with the month 9,944
subsequent to the member's death. 9,945
(B) If the deceased member had completed at least one and 9,947
one-half years of credit for Ohio service, with at least 9,948
one-quarter year of Ohio contributing service credit within the 9,949
two and one-half years prior to the date of death, or was 9,950
receiving at the time of death a disability benefit as provided 9,951
in section 3309.40 or 3309.401 of the Revised Code, qualified 9,952
survivors may elect to receive monthly benefits, provided in 9,955
divisions (B)(1) and (5) of this section.
(1) Number of 9,957
210
Qualified 9,958
Or 9,959
survivors Annual Benefit as a Per Monthly Benefit 9,961
affecting Cent of Decedent's shall not be 9,964
Final
the benefit Average Salary less than 9,967
1 25% $ 96 9,970
2 40 186 9,971
3 50 236 9,972
4 55 236 9,973
5 or more 60 236 9,974
(2) Benefits shall begin as qualified survivors meet 9,977
eligibility requirements as follows: 9,978
(a) A qualified spouse is the surviving spouse of the 9,980
deceased member who is age sixty-two, or age fifty if the 9,983
deceased member had ten or more years of Ohio service credit, or 9,984
regardless of age if caring for a surviving child, or regardless 9,986
of age if adjudged physically or mentally incompetent. 9,987
(b) A qualified child is any unmarried child of the 9,991
deceased member under age eighteen, or under age twenty-two if 9,992
the child is attending an institution of learning or training 9,993
pursuant to a program designed to complete in each school year 9,994
the equivalent of at least two-thirds of the full-time curriculum 9,995
requirements of such institution and as further determined by 9,996
board policy, or regardless of age if adjudged physically or 9,997
mentally incompetent. 9,998
(c) A qualified parent is a dependent parent aged 10,000
sixty-five or older. 10,001
(3) "Physically or mentally incompetent" as used in this 10,003
section may be determined by a court of jurisdiction, or by a 10,004
physician appointed by the retirement board. Incapability of 10,005
earning a living because of a physically or mentally disabling 10,006
condition shall meet the qualifications of this division. 10,007
(4) Benefits to a qualified survivor shall terminate upon 10,010
211
a first marriage, abandonment, adoption, or during active 10,012
military service. Benefits to a deceased member's surviving 10,014
spouse that were terminated under a former version of this 10,015
section that required termination due to remarriage and were not 10,016
resumed prior to the effective date of this amendment shall 10,017
resume on the first day of the month immediately following
receipt by the board of an application on a form provided by the 10,018
board.
Upon the death of any subsequent spouse who was a member of 10,021
the public employees retirement system, state teachers retirement 10,022
system, or school employees retirement system, the surviving 10,023
spouse of such member may elect to continue receiving benefits 10,024
under this division, or to receive survivor's benefits, based 10,025
upon the subsequent spouse's membership in one or more of the 10,026
systems, for which such surviving spouse is eligible under this 10,027
section or section 145.45 or 3307.49 3307.66 of the Revised Code. 10,029
If the surviving spouse elects to continue receiving benefits 10,030
under this division, such election shall not preclude the payment 10,031
of benefits under this division to any other qualified survivor. 10,032
Benefits shall begin or resume on the first day of the 10,034
month following the attainment of eligibility and shall terminate 10,035
on the first day of the month following loss of eligibility. 10,036
(5) Benefits to a qualified spouse shall be paid in the 10,038
amount determined for the first qualifying survivor in division 10,040
(B)(1) of this section, but shall not be less than one hundred 10,041
six dollars per month if the deceased member had ten or more 10,042
years of Ohio service credit. All other qualifying survivors 10,044
shall share equally in the benefit or remaining portion thereof. 10,045
(6) The beneficiary of a member who is also a member of 10,047
the public employees retirement system, or of the state teachers 10,048
retirement system, must forfeit the member's accumulated 10,049
contributions in those systems, if the beneficiary takes a 10,052
survivor benefit. Such benefit shall be exclusively governed by 10,053
section 3309.35 of the Revised Code. 10,054
212
(C)(1) Regardless of whether the member is survived by a 10,058
spouse or designated beneficiary, if the school employees
retirement system receives notice that a deceased member 10,059
described in division (A) or (B) of this section has one or more 10,061
qualified children, all persons who are qualified survivors under 10,062
Division (B) of this section shall receive monthly benefits as 10,065
provided in division (B) of this section. 10,066
If, after determining the monthly benefits to be paid under 10,068
division (B) of this section, the system receives notice that 10,069
there is a qualified survivor who was not considered when the 10,070
determination was made, the system shall, notwithstanding section 10,071
3309.661 of the Revised Code, recalculate the monthly benefits 10,072
with that qualified survivor included, even if the benefits to 10,073
qualified survivors already receiving benefits are reduced as a 10,074
result. The benefits shall be calculated as if the qualified 10,075
survivor who is the subject of the notice became eligible on the
date the notice was received and shall be paid to qualified 10,076
survivors effective on the first day of the first month following 10,077
the system's receipt of the notice. 10,078
If the retirement system did not receive notice that a 10,080
deceased member has one or more qualified children prior to 10,082
making payment under section 3309.44 of the Revised Code to a 10,085
beneficiary as determined by the retirement system, the payment 10,086
is a full discharge and release of the system from any future 10,087
claims under this section or section 3309.44 of the Revised Code. 10,088
(2) If benefits under division (C)(1) of this section to 10,091
all persons, or to all persons other than a surviving spouse or 10,093
other sole beneficiary, terminate, there are no children under
the age of twenty-two years, and the surviving spouse or 10,094
beneficiary qualifies for benefits under division (A) of this 10,096
section, the surviving spouse or beneficiary may elect to receive 10,097
benefits under division (A) of this section. Benefits shall be 10,098
effective on the first day of the month following receipt by the 10,100
board of an application for benefits under division (A) of this 10,101
213
section. 10,102
(D) If the survivor benefits due and paid under this 10,104
section are in a total amount less than the member's accumulated 10,105
account that was transferred from the employees' savings fund, 10,106
the state teachers retirement fund, and the public employees 10,107
retirement fund to the survivors' benefit fund, then the 10,108
difference between the total amount of the benefits paid shall be 10,109
paid to the beneficiary under section 3309.44 of the Revised 10,110
Code. 10,111
Sec. 3313.975. As used in this section and in sections 10,120
3313.975 to 3313.979 of the Revised Code, "the pilot project 10,121
school district" or "the district" means any school district 10,124
included in the pilot project scholarship program pursuant to 10,125
this section.
(A) The superintendent of public instruction shall 10,128
establish a pilot project scholarship program and shall include 10,129
in such program any school districts that are or have ever been 10,130
under federal court order requiring supervision and operational 10,132
management of the district by the state superintendent. The
program shall provide for a number of students residing in any 10,134
such district to receive scholarships to attend alternative 10,135
schools, and for an equal number of students to receive tutorial 10,136
assistance grants while attending public school in any such 10,137
district.
(B) The state superintendent shall establish an 10,139
application process and deadline for accepting applications from 10,140
students residing in the district to participate in the 10,141
scholarship program. In the initial year of the program students 10,142
may only use a scholarship to attend school in grades 10,143
kindergarten through third.
The state superintendent shall award as many scholarships 10,145
and tutorial assistance grants as can be funded given the amount 10,146
appropriated for the program. In no case, however, shall more 10,147
than fifty per cent of all scholarships awarded be used by 10,148
214
students who were enrolled in a nonpublic school during the 10,149
school year of application for a scholarship. 10,150
(C)(1) The pilot project program shall continue in effect 10,154
each year that the general assembly has appropriated sufficient 10,155
money to fund scholarships and tutorial assistance grants. In 10,156
each year the program continues, no new students may receive 10,157
scholarships unless they are enrolled in grade kindergarten, one, 10,158
two, or three. However, any student who has received a 10,160
scholarship the preceding year may continue to receive one until 10,161
the student has completed grade eight.
(2) If the general assembly discontinues the scholarship 10,163
program, all students who are attending an alternative school 10,164
under the pilot project shall be entitled to continued admittance 10,166
to that specific school through all grades up to the eighth grade 10,167
that are provided in such school, under the same conditions as 10,169
when they were participating in the pilot project. The state 10,170
superintendent shall continue to make scholarship payments in
accordance with division (A) or (B) of section 3313.979 of the 10,172
Revised Code for students who remain enrolled in an alternative 10,174
school under this provision in any year that funds have been 10,175
appropriated for this purpose.
If funds are not appropriated, the tuition charged to the 10,177
parents of a student who remains enrolled in an alternative 10,179
school under this provision shall not be increased beyond the 10,180
amount equal to the amount of the scholarship plus any additional 10,181
amount charged that student's parent in the most recent year of 10,182
attendance as a participant in the pilot project, except that 10,183
tuition for all the students enrolled in such school may be 10,184
increased by the same percentage. 10,185
(D) Notwithstanding sections 124.39, 3307.35 3307.54, and 10,188
3319.17 of the Revised Code, if the pilot project school district 10,189
experiences a decrease in enrollment due to participation in a 10,190
state-sponsored scholarship program pursuant to sections 3313.974 10,191
to 3313.979 of the Revised Code, the district board of education 10,192
215
may enter into an agreement with any teacher it employs to 10,193
provide to that teacher severance pay or early retirement 10,194
incentives, or both, if the teacher agrees to terminate the 10,195
employment contract with the district board, provided any 10,196
collective bargaining agreement in force pursuant to Chapter 10,197
4117. of the Revised Code does not prohibit such an agreement for 10,199
termination of a teacher's employment contract.
Sec. 3317.011. On or before the third Wednesday of each 10,208
month, the department of education shall certify to the director 10,209
of budget and management for payment, for each county: 10,210
(A)(1) That portion of the allocation of money under 10,212
sections 3317.022 to 3317.0211, 3317.11, 3317.16, 3317.17, and 10,213
3317.19 of the Revised Code that is required to be paid in that 10,214
month to each school district located wholly within the county 10,215
subsequent to the deductions described in division (A)(2) of this 10,216
section; and 10,217
(2) The amounts deducted from such allocation under 10,219
sections 3307.56 3307.31 and 3309.51 of the Revised Code for 10,220
payment directly to the school employees and state teachers 10,222
retirement systems under such sections. 10,223
(B) If the district is located in more than one county, an 10,225
apportionment of the amounts that would otherwise be certified 10,226
under division (A) of this section. The amounts apportioned to 10,227
the county shall equal the amounts certified under division (A) 10,228
of this section times the percentage of the district's resident 10,229
pupils who reside both in the district and in the county. 10,230
Sec. 3317.13. (A) As used in this section and section 10,239
3317.14 of the Revised Code: 10,240
(1) "Years of service" includes the following: 10,242
(a) All years of teaching service in the same school 10,244
district or educational service center, regardless of training 10,245
level, with each year consisting of at least one hundred twenty 10,247
days under a teacher's contract;
(b) All years of teaching service in a chartered, 10,249
216
nonpublic school located in Ohio as a teacher licensed pursuant 10,250
to section 3319.22 of the Revised Code or in another public 10,251
school, regardless of training level, with each year consisting 10,252
of at least one hundred twenty days under a teacher's contract; 10,253
(c) All years of teaching service in a chartered school or 10,255
institution or a school or institution that subsequently became 10,256
chartered or a chartered special education program or a special 10,257
education program that subsequently became chartered operated by 10,258
the state or by a subdivision or other local governmental unit of 10,259
this state as a teacher licensed pursuant to section 3319.22 of 10,260
the Revised Code, regardless of training level, with each year 10,261
consisting of at least one hundred twenty days; and 10,262
(d) All years of active military service in the armed 10,264
forces of the United States, as defined in section 3307.02 10,265
3307.75 of the Revised Code, to a maximum of five years. For 10,267
purposes of this calculation, a partial year of active military 10,268
service of eight continuous months or more in the armed forces 10,269
shall be counted as a full year. 10,270
(2) "Teacher" means all teachers employed by the board of 10,272
education of any school district, including any cooperative 10,274
education or joint vocational school district and all teachers 10,275
employed by any educational service center governing board.
(B) No teacher shall be paid a salary less than that 10,277
provided in the schedule set forth in division (C) of this 10,278
section. In calculating the minimum salary any teacher shall be 10,279
paid pursuant to this section, years of service shall include the 10,280
sum of all years of the teacher's teaching service included in 10,281
divisions (A)(1)(a), (b), (c), and (d) of this section; except 10,282
that any school district or educational service center employing 10,283
a teacher new to the district or educational service center shall 10,284
grant such teacher a total of not more than ten years of service 10,285
pursuant to divisions (A)(1)(b), (c), and (d) of this section. 10,286
Upon written complaint to the superintendent of public 10,288
instruction that the board of education of a district or the 10,289
217
governing board of an educational service center governing board 10,290
has failed or refused to annually adopt a salary schedule or to 10,291
pay salaries in accordance with the salary schedule set forth in 10,292
division (C) of this section, the superintendent of public 10,293
instruction shall cause to be made an immediate investigation of 10,294
such complaint. If the superintendent finds that the conditions 10,295
complained of exist, the superintendent shall order the board to 10,296
correct such conditions within ten days from the date of the 10,298
finding. No moneys shall be distributed to the district or 10,299
educational service center under this chapter until the 10,300
superintendent has satisfactory evidence of the board of 10,301
education's full compliance with such order. 10,302
Each teacher shall be fully credited with placement in the 10,304
appropriate academic training level column in the district's or 10,306
educational service center's salary schedule with years of
service properly credited pursuant to this section or section 10,308
3317.14 of the Revised Code. No rule shall be adopted or 10,309
exercised by any board of education or educational service center 10,310
governing board which restricts the placement or the crediting of 10,311
annual salary increments for any teacher according to the
appropriate academic training level column. 10,312
(C) Minimum salaries exclusive of retirement and sick 10,314
leave for teachers shall be as follows: 10,315
Teachers Teachers with Teachers 10,318
Years with Less Teachers with Five Years of with 10,320
of than a Bachelor's Training, but a Master's 10,322
Service Bachelor's Degree no Master's Degree or 10,324
Degree Degree Higher 10,325
Per Dollar Per Dollar Per Dollar Per Dollar 10,329
Cent* Amount Cent* Amount Cent* Amount Cent* Amount 10,331
0 86.5 $14,705 100.0 $17,000 103.8 $17,646 109.5 $18,615 10,333
1 90.0 15,300 103.8 17,646 108.1 18,377 114.3 19,431 10,335
2 93.5 15,895 107.6 18,292 112.4 19,108 119.1 20,247 10,337
3 97.0 16,490 111.4 18,938 116.7 19,839 123.9 21,063 10,339
218
4 100.5 17,085 115.2 19,584 121.0 20,570 128.7 21,879 10,341
5 104.0 17,680 119.0 20,230 125.3 21,301 133.5 22,695 10,343
6 104.0 17,680 122.8 20,876 129.6 22,032 138.3 23,511 10,345
7 104.0 17,680 126.6 21,522 133.9 22,763 143.1 24,327 10,347
8 104.0 17,680 130.4 22,168 138.2 23,494 147.9 25,143 10,349
9 104.0 17,680 134.2 22,814 142.5 24,225 152.7 25,959 10,351
10 104.0 17,680 138.0 23,460 146.8 24,956 157.5 26,775 10,353
11 104.0 17,680 141.8 24,106 151.1 25,687 162.3 27,591 10,355
* Percentages represent the percentage which each salary is 10,358
of the base amount. 10,359
For purposes of determining the minimum salary at any level 10,361
of training and service, the base of one hundred per cent shall 10,362
be the base amount. The percentages used in this section show 10,363
the relationships between the minimum salaries required by this 10,364
section and the base amount and shall not be construed as 10,365
requiring any school district or educational service center to 10,366
adopt a schedule containing salaries in excess of the amounts set 10,368
forth in this section for corresponding levels of training and 10,369
experience.
As used in this division: 10,371
(1) "Base amount" means seventeen thousand dollars. 10,373
(2) "Five years of training" means at least one hundred 10,375
fifty semester hours, or the equivalent, and a bachelor's degree 10,376
from a recognized college or university. 10,377
(D) For purposes of this section, all credited training 10,379
shall be from a recognized college or university. 10,380
Sec. 3319.08. The board of education of each city, 10,389
exempted village, local, and joint vocational school district and 10,391
the governing board of each educational service center shall
enter into written contracts for the employment and reemployment 10,393
of all teachers. The board of each such school district or 10,394
service center that authorizes compensation in addition to the 10,395
base salary stated in the teachers' salary schedule for the
performance of duties by a teacher that are in addition to the 10,396
219
teacher's regular teaching duties, shall enter into a 10,397
supplemental written contract with each teacher who is to perform 10,398
additional duties. Such supplemental written contracts shall be 10,399
limited contracts. Such written contracts and supplemental 10,400
written contracts shall set forth the teacher's duties and shall 10,401
specify the salaries and compensation to be paid for regular 10,402
teaching duties and additional teaching duties, respectively, 10,403
either or both of which may be increased but not diminished 10,404
during the term for which the contract is made, except as 10,405
provided in section 3319.12 of the Revised Code. 10,406
If a board adopts a motion or resolution to employ a 10,409
teacher under a limited or continuing contract and the teacher 10,410
accepts such employment, the failure of such parties to execute a 10,411
written contract shall not void such employment contract. 10,412
Teachers must be paid for all time lost when the schools in 10,414
which they are employed are closed due to an epidemic or other 10,415
public calamity, and for time lost due to illness or otherwise 10,416
for not less than five days annually as authorized by regulations 10,417
which each board shall adopt. 10,418
Contracts for the employment of teachers shall be of two 10,420
types, limited contracts and continuing contracts. 10,421
(A) A limited contract is: 10,423
(1) For a superintendent, a contract for such term as 10,425
authorized by section 3319.01 of the Revised Code; 10,426
(2) For an assistant superintendent, principal, assistant 10,428
principal, or other administrator, a contract for such term as 10,429
authorized by section 3319.02 of the Revised Code; 10,430
(3) For all other teachers, a contract for a term not to 10,432
exceed five years. 10,433
(B) A continuing contract is a contract that remains in 10,435
effect until the teacher resigns, elects to retire, or is retired 10,436
pursuant to FORMER section 3307.37 of the Revised Code, or until 10,437
it is terminated or suspended and shall be granted only to the 10,438
following: 10,439
220
(1) Any teacher holding a professional, permanent, or life 10,441
teacher's certificate; 10,442
(2) Any teacher holding a professional educator license 10,444
who has completed the applicable one of the following: 10,445
(a) If the teacher did not hold a masters degree at the 10,447
time of initially receiving a teacher's certificate under former 10,448
law or an educator license, thirty semester hours of coursework 10,449
in the area of licensure or in an area related to the teaching 10,450
field since the initial issuance of such certificate or license, 10,451
as specified in rules which the state board of education shall 10,452
adopt;
(b) If the teacher held a masters degree at the time of 10,454
initially receiving a teacher's certificate under former law or 10,455
an educator license, six semester hours of graduate coursework in 10,456
the area of licensure or in an area related to the teaching field 10,457
since the initial issuance of such certificate or license, as 10,458
specified in rules which the state board of education shall
adopt. 10,459
This section applies only to contracts entered into after 10,461
August 18, 1969.
Sec. 5101.181. (A) As used in this section and section 10,470
5101.182 of the Revised Code, "public assistance" includes, in 10,471
addition to Ohio works first; prevention, retention, and 10,472
contingency; medicaid; and disability assistance, general 10,474
assistance provided prior to July 17, 1995, under former Chapter 10,476
5113. of the Revised Code. 10,477
(B) As part of the procedure for the determination of 10,480
overpayment to a recipient of public assistance under Chapter 10,481
5107., 5108., 5111., or 5115. of the Revised Code, the director 10,482
of human services shall furnish quarterly the name and social 10,483
security number of each individual who receives public assistance 10,484
to the director of administrative services, the administrator of 10,485
the bureau of workers' compensation, and each of the state's 10,486
retirement boards. Within fourteen days after receiving the name 10,487
221
and social security number of an individual who receives public 10,488
assistance, the director of administrative services, 10,489
administrator, or board shall inform the auditor of state as to 10,490
whether such individual is receiving wages or benefits, the 10,491
amount of any wages or benefits being received, the social 10,492
security number, and the address of the individual. The director 10,493
of administrative services, administrator, boards, and any agent 10,494
or employee of those officials and boards shall comply with the 10,495
rules of the department of human services restricting the 10,496
disclosure of information regarding recipients of public
assistance. Any person who violates this provision shall 10,497
thereafter be disqualified from acting as an agent or employee or 10,498
in any other capacity under appointment or employment of any 10,499
state board, commission, or agency. 10,500
(C) The auditor of state may enter into a reciprocal 10,502
agreement with the director of human services or comparable 10,503
officer of any other state for the exchange of names, current or 10,504
most recent addresses, or social security numbers of persons 10,505
receiving public assistance under Title IV-A or under Title XIX 10,508
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, 10,509
as amended.
(D)(1) The auditor of state shall retain, for not less 10,511
than two years, at least one copy of all information received 10,513
under this section and sections 145.27, 742.41, 3307.21 3307.20, 10,514
3309.22, 4123.27, 5101.182, and 5505.04 of the Revised Code. The 10,516
auditor shall review the information to determine whether
overpayments were made to recipients of public assistance under 10,518
Chapters 5107., 5108., 5111., and 5115. of the Revised Code. The 10,519
auditor of state shall initiate action leading to prosecution, 10,520
where warranted, of recipients who received overpayments by 10,521
forwarding the name of each recipient who received overpayment, 10,522
together with other pertinent information, to the director of 10,523
human services and the attorney general, to the district director 10,524
of human services of the district through which public assistance 10,525
222
was received, and to the county director of human services and 10,526
county prosecutor of the county through which public assistance 10,527
was received.
(2) The auditor of state and the attorney general or their 10,529
designees may examine any records, whether in computer or printed 10,530
format, in the possession of the director of human services or 10,531
any county director of human services. They shall provide 10,532
safeguards which restrict access to such records to purposes 10,533
directly connected with an audit or investigation, prosecution, 10,534
or criminal or civil proceeding conducted in connection with the 10,535
administration of the programs and shall comply with the rules of 10,536
the department of human services restricting the disclosure of 10,537
information regarding recipients of public assistance. Any 10,538
person who violates this provision shall thereafter be 10,539
disqualified from acting as an agent or employee or in any other 10,540
capacity under appointment or employment of any state board, 10,541
commission, or agency. 10,542
(3) Costs incurred by the auditor of state in carrying out 10,544
the auditor of state's duties under this division shall be borne 10,546
by the auditor of state. 10,547
Sec. 5505.161. On receipt of notice from the public 10,556
employees retirement system, Ohio police and fire pension fund, 10,557
state teachers retirement system, or school employees retirement 10,558
system of the re-employment of a retirant, the state highway 10,559
patrol retirement system shall not pay, or if paid shall recover, 10,560
any amount to be forfeited by the retirant in accordance with 10,561
section 145.38, 742.26, 3307.381 3307.35, or 3309.341 of the 10,562
Revised Code.
Sec. 5505.202. (A) As used in this section: 10,571
(1) "Full-time service" means full-time service as defined 10,573
by rule which shall be adopted by the state highway patrol 10,574
retirement board. 10,575
(2) "Qualified contributions" means contributions to the 10,577
public employees retirement system, state teachers retirement 10,578
223
system, or school employees retirement system attributable to 10,579
full-time service or purchase of credit for service in the armed 10,580
forces of the United States. 10,581
(B)(1) For purposes of computing the pension payable under 10,584
section 5505.17 or 5505.18 of the Revised Code, a member of the 10,585
state highway patrol retirement system who is a former member of 10,586
the public employees retirement system, school employees 10,587
retirement system, or state teachers retirement system and has 10,589
received a return of contributions from the former retirement 10,591
system shall be given full credit for service credit earned for 10,592
full-time service as a member of the former retirement system or 10,593
purchased for service in the armed forces of the United States 10,596
if, for each year of service credit, the state highway patrol 10,597
retirement system receives the sum of the following: 10,598
(a) An amount, which shall be paid by the member to the 10,602
member's credit in the employees savings fund, equal to the 10,604
amount received by the member from the former retirement system 10,606
for that year that is attributable to contributions made for 10,608
full-time service and payments for credit purchased for service 10,609
in the armed forces of the United States, plus interest on that 10,611
amount from the date payment was made to the member by the former 10,613
retirement system to the date the member makes the payment to the 10,615
state highway patrol retirement system;
(b) Interest, which shall be transferred by the former 10,618
retirement system, on the amount received by the member that is 10,619
attributable to the year of service from the last day of the year 10,620
for which the service credit was earned or in which the military
service credit was purchased or obtained to the date the amount 10,621
was paid to the member; 10,622
(c) An amount, which shall be transferred by the former 10,624
retirement system, equal to the lesser of the employer's 10,625
qualified contributions to the former retirement system for the 10,626
year of service or the amount that would have been contributed by 10,628
the employer for the year of service had the member been a member 10,629
224
of the state highway patrol retirement system, with interest on 10,630
that amount from the last day of the year for which the service 10,632
credit was earned or in which military service credit was 10,633
purchased or obtained to the date the transfer is made. 10,634
On receipt of payment from the member, the state highway 10,637
patrol retirement system shall notify the former retirement 10,638
system, which, on receipt of the notice, shall make the transfer 10,639
required by this division. Interest shall be determined in 10,640
accordance with division (E) of this section. 10,641
(2) For purposes of computing the pension payable under 10,643
section 5505.17 or 5505.18 of the Revised Code, a member of the 10,646
state highway patrol retirement system who has contributions on 10,648
deposit with the public employees retirement system, school 10,649
employees retirement system, or state teachers retirement system 10,650
shall be given full credit for service credit earned for 10,651
full-time service as a member of that retirement system or 10,652
purchased for service in the armed forces of the United States 10,655
if, for each year of service, the public employees retirement 10,657
system, school employees retirement system, or state teachers 10,658
retirement system transfers to the state highway patrol 10,659
retirement system the sum of the following: 10,660
(a) An amount equal to the member's qualified 10,663
contributions;
(b) An amount equal to the lesser of the employer's 10,665
qualified contributions to the public employees retirement 10,666
system, school employees retirement system, or state teachers 10,667
retirement system or the amount that would have been contributed 10,669
by the employer for the full-time service had the member been a 10,670
member of the state highway patrol retirement system; 10,671
(c) Interest, determined in accordance with division (E) 10,674
of this section, on the amounts specified in divisions (B)(2)(a) 10,675
and (b) of this section from the last day of the year for which 10,678
the service credit was earned or in which military service credit 10,679
was purchased or obtained to the date the transfer is made. 10,680
225
On receipt of a request from the member, the appropriate 10,683
retirement system shall make the transfer.
(3) For purposes of computing the pension payable under 10,685
section 5505.17 or 5505.18 of the revised Code, a member of the 10,688
state highway patrol retirement system who has contributions on 10,689
deposit with the Cincinnati retirement system shall be given full 10,691
credit for service credit earned for full-time service as a 10,692
member of that retirement system or purchased from the retirement 10,693
system for service in the armed forces of the United States if, 10,695
for each year of service credit, the state highway patrol 10,696
retirement system receives the sum of the following: 10,697
(a) An amount, which shall be paid by the member to the 10,700
member's credit in the employees savings fund, equal to the 10,701
amount withdrawn from the Cincinnati retirement system that is 10,703
attributable to that year of service, with interest on that
amount determined in accordance with division (I) of this section 10,705
from the date of withdrawal to the date of payment; 10,706
(b) Interest, which shall be paid either by the member or 10,709
the Cincinnati retirement system, on the amount withdrawn from 10,710
the Cincinnati retirement system that is attributable to the year 10,712
of service from the last day of the year for which the service
credit was earned or in which the military service credit was 10,713
purchased or obtained to the date the amount was withdrawn; 10,715
(c) An amount, which shall be paid either by the member or 10,718
the Cincinnati retirement system, equal to the lesser of the 10,720
amount contributed by the employer to the Cincinnati retirement 10,721
system for the year of service or the amount that would have been 10,723
contributed by the employer for the year of service had the
member been a member of the state highway patrol retirement 10,724
system, with interest on that amount from the last day of the 10,727
year for which the service credit was earned or in which military 10,728
service was purchased or obtained to the date the payment is 10,729
made.
(C) If a member who is not a current contributor and has 10,731
226
not received a refund of accumulated contributions elects to 10,734
receive credit under section 145.295, 3307.412 3307.761, or 10,735
3309.351 of the Revised Code for service for which the member 10,737
contributed to the state highway patrol retirement system and 10,739
credit purchased for service in the armed forces of the United 10,740
States, the state highway patrol retirement system shall transfer 10,741
to the appropriate retirement system the amount specified in 10,743
division (A) of section 145.295, division (A) of section 3307.412 10,744
3307.761, or division (A) of section 3309.351 of the Revised 10,746
Code. 10,747
(D)(1) A member is ineligible to purchase or otherwise 10,749
receive credit under this section for service that is used in the 10,750
calculation of any retirement benefit currently being paid or 10,751
that is payable in the future to the member, or service rendered 10,752
concurrently with any other period for which service credit has 10,753
already been granted. 10,754
(2) Except as provided under division (D)(3) of this 10,756
section, no service credit purchased under this section or 10,757
received as a result of a transfer requested under this section 10,758
shall be used to determine any member's eligibility for 10,759
retirement under sections 5505.16 and 5505.17 of the Revised 10,760
Code.
(3) Service credit obtained under this section by a member 10,762
for credit purchased for service in the armed forces of the 10,763
United States or for service as a state highway patrol cadet 10,765
attending training school pursuant to section 5503.05 of the 10,766
Revised Code shall be used to determine the member's eligibility 10,768
for retirement under sections 5505.16 and 5505.17 of the Revised 10,769
Code.
(4) Subject to rules of the state highway patrol 10,771
retirement system, a member may choose to purchase only part of 10,772
the credit the member is eligible to purchase under division 10,773
(B)(1) or (3) of this section. 10,775
(E) At the request of the state highway patrol retirement 10,777
227
system, the public employees retirement system, school employees 10,778
retirement system, state teachers retirement system, or 10,779
Cincinnati retirement system shall certify to the state highway 10,781
patrol retirement system a copy of the records of service, 10,782
salary, and contributions of a member who seeks service credit 10,783
under this section.
Interest charged under this section shall be calculated 10,786
separately for each year of service credit at the lesser of the 10,787
actuarial assumption rate for that year of the state highway 10,788
patrol retirement system or of the retirement system in which the 10,789
credit was earned. The interest shall be compounded annually. 10,790
The state highway patrol retirement system board may adopt 10,792
rules establishing procedures for the purchase of service credit 10,794
or the transfer of contributions under this section. 10,795
Section 2. That existing sections 145.28, 145.293, 10,797
145.301, 145.311, 145.312, 145.35, 145.37, 145.38, 145.45, 10,798
742.26, 742.379, 2329.66, 3305.01, 3305.06, 3307.01, 3307.013, 10,799
3307.02, 3307.021, 3307.022, 3307.05, 3307.07, 3307.08, 3307.09, 10,800
3307.10, 3307.11, 3307.111, 3307.14, 3307.15, 3307.19, 3307.20, 10,803
3307.201, 3307.21, 3307.22, 3307.26, 3307.27, 3307.28, 3307.281,
3307.282, 3307.283, 3307.29, 3307.30, 3307.31, 3307.311, 3307.32, 10,805
3307.33, 3307.35, 3307.36, 3307.371, 3307.38, 3307.381, 3307.382, 10,806
3307.383, 3307.384, 3307.39, 3307.40, 3307.401, 3307.402, 10,807
3307.403, 3307.404, 3307.405, 3307.406, 3307.407, 3307.408, 10,808
3307.409, 3307.4010, 3307.4011, 3307.4012, 3307.4013, 3307.41, 10,809
3307.411, 3307.412, 3307.42, 3307.421, 3307.43, 3307.431, 10,810
3307.44, 3307.46, 3307.47, 3307.48, 3307.49, 3307.50, 3307.51, 10,811
3307.511, 3307.512, 3307.515, 3307.53, 3307.56, 3307.58, 3307.59, 10,812
3307.60, 3307.61, 3307.62, 3307.63, 3307.64, 3307.65, 3307.651, 10,813
3307.66, 3307.68, 3307.69, 3307.70, 3307.71, 3307.711, 3307.712, 10,814
3307.72, 3307.73, 3307.74, 3307.741, 3307.75, 3307.751, 3307.78, 10,815
3307.80, 3309.021, 3309.261, 3309.262, 3309.301, 3309.31, 10,816
3309.341, 3309.35, 3309.39, 3309.45, 3313.975, 3317.011, 3317.13, 10,817
3319.08, 5101.181, 5505.161, and 5505.202 and sections 3307.012, 10,818
228
3307.34, 3307.37, 3307.513, and 3307.514 of the Revised Code are 10,819
hereby repealed.
Section 3. The State Teachers Retirement Board shall 10,821
recalculate under section 3307.58, 3307.59, or 3307.631 of the 10,822
Revised Code, as amended by this act, a benefit that is payable 10,823
under those sections or section 3307.60 of the Revised Code and 10,824
became effective on or after July 1, 1999, but before the 10,825
effective date of this act. If the recalculated benefit is 10,826
greater than the recipient's benefit prior to the recalculation, 10,827
the board shall do both of the following: 10,828
(A) Pay the recalculated benefit; 10,830
(B) Make a one-time payment to the recipient equal to the 10,832
difference between the benefits paid to the recipient between 10,833
July 1, 1999, and the date of the payment and the increased 10,834
benefits that would have been paid to the recipient had the 10,835
amendments to sections 3307.58, 3307.59, and 3307.631 of the 10,836
Revised Code gone into effect on July 1, 1999. 10,837
Section 4. As used in this section, "eligible recipient" 10,839
has the same meaning as in section 3307.6913 of the Revised Code. 10,840
The State Teachers Retirement Board shall make a one-time 10,842
payment to each eligible recipient whose benefit is increased 10,843
under section 3307.6913 or 3307.6914 of the Revised Code, as 10,844
enacted by this act. The payment shall equal the difference 10,845
between the benefits paid to the recipient between July 1, 1999, 10,846
and the date of the payment and the increased benefits that would 10,847
have been paid to the recipient had those sections gone into 10,848
effect on July 1, 1999.
Section 5. Section 3307.21 of the Revised Code is 10,850
presented in this act as a composite of the section as amended by 10,851
both Am. Sub. H.B. 627 and Am. Sub. H.B. 668 of the 121st General 10,852
Assembly, with the new language of neither of the acts shown in 10,854
capital letters. This is in recognition of the principle stated 10,855
in division (B) of section 1.52 of the Revised Code that such 10,856
amendments are to be harmonized where not substantively 10,857
229
irreconcilable and constitutes a legislative finding that such is 10,858
the resulting version in effect prior to the effective date of 10,859
this act.