As Reported by the Senate Ways and Means Committee          1            

123rd General Assembly                                             4            

   Regular Session                            Sub. S. B. No. 190   5            

      1999-2000                                                    6            


    SENATORS BLESSING-CARNES-OELSLAGER-BRADY-HAGAN-FINGERHUT-      8            

     SHOEMAKER-KEARNS-MALLORY-McLIN-WHITE-HERINGTON-DiDONATO       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, 171.04,   14           

                742.26, 742.379, 2329.66, 3305.01, 3305.06,        15           

                3307.01, 3307.013, 3307.02, 3307.021, 3307.022,                 

                3307.05, 3307.07, 3307.08, 3307.09, 3307.10,       16           

                3307.11, 3307.111, 3307.14, 3307.15, 3307.19,      17           

                3307.20, 3307.201, 3307.21, 3307.22, 3307.26,      18           

                3307.28, 3307.281, 3307.282, 3307.283, 3307.29,                 

                3307.30, 3307.31, 3307.311, 3307.32, 3307.33,      20           

                3307.35, 3307.36, 3307.371, 3307.38, 3307.381,     21           

                3307.382, 3307.383, 3307.384, 3307.39, 3307.40,                 

                3307.401, 3307.402, 3307.403, 3307.404, 3307.405,  22           

                3307.406, 3307.407, 3307.408, 3307.409,            23           

                3307.4010, 3307.4011, 3307.4012, 3307.4013,        24           

                3307.41, 3307.411, 3307.412, 3307.42, 3307.421,                 

                3307.43, 3307.431, 3307.44, 3307.46, 3307.47,      25           

                3307.48, 3307.49, 3307.50, 3307.51, 3307.511,      26           

                3307.512, 3307.515, 3307.53, 3307.56, 3307.58,     27           

                3307.59, 3307.60, 3307.61, 3307.62, 3307.64,                    

                3307.65, 3307.651, 3307.66, 3307.68, 3307.69,      28           

                3307.70, 3307.71, 3307.711, 3307.712, 3307.72,     29           

                3307.73, 3307.74, 3307.741, 3307.751, 3307.78,                  

                3307.80, 3309.021, 3309.261, 3309.262, 3309.301,   30           

                3309.31, 3309.341, 3309.35, 3309.39, 3309.45,      31           

                3313.975, 3317.011, 3317.13, 3319.08, 5101.181,    32           

                5505.161, 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 145.391, 742.3721, 3307.031,  66           

                3307.121, 3307.214, 3307.25, 3307.251, 3307.252,   67           

                3307.461, 3307.661, 3307.6913, 3307.6914,                       

                3307.81, 3307.811, 3307.812, 3307.83, 3307.84,     68           

                3307.86, 3307.87, 3307.88, 3307.881, 3307.882,     69           

                3307.89, 3309.3712, and 5505.177; 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 (STRS), to require STRS to       73           

                establish a defined contribution plan that                      

                members can select as an alternative to its        75           

                existing defined benefit plan, to permit STRS and               

                Ohio's other state retirement systems to           76           

                establish excess benefit arrangements under the                 

                Internal Revenue Code of 1986, to require the      79           

                Ohio Retirement Study Council to review                         

                semiannually the investment programs of Ohio's     80           

                state retirement systems and to review at least    81           

                once every ten years each system's actuarial                    

                valuations and investigations, and to maintain     83           

                the provisions of this act on and after July 1,    84           

                2000, by amending the versions of sections         85           

                3307.21 and 5101.181 of the Revised Code that      86           

                take effect on that date and by amending, for the  87           

                purpose of adopting a new section number as                     

                                                          4      


                                                                 
                indicated in parentheses, the version of section   88           

                3307.21 (3307.20) of the Revised Code that takes   89           

                effect on that date.                                            




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        91           

      Section 1.  That sections 145.28, 145.293, 145.301,          93           

145.311, 145.312, 145.35, 145.37, 145.38, 145.45, 171.04, 742.26,  94           

742.379, 2329.66, 3305.01, 3305.06, 3307.01, 3307.013, 3307.02,    95           

3307.021, 3307.022, 3307.05, 3307.07, 3307.08, 3307.09, 3307.10,   96           

3307.11, 3307.111, 3307.14, 3307.15, 3307.19, 3307.20, 3307.201,   98           

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,    100          

3307.36, 3307.371, 3307.38, 3307.381, 3307.382, 3307.383,          101          

3307.384, 3307.39, 3307.40, 3307.401, 3307.402, 3307.403,          102          

3307.404, 3307.405, 3307.406, 3307.407, 3307.408, 3307.409,        103          

3307.4010, 3307.4011, 3307.4012, 3307.4013, 3307.41, 3307.411,     104          

3307.412, 3307.42, 3307.421, 3307.43, 3307.431, 3307.44, 3307.46,  105          

3307.47, 3307.48, 3307.49, 3307.50, 3307.51, 3307.511, 3307.512,   106          

3307.515, 3307.53, 3307.56, 3307.58, 3307.59, 3307.60, 3307.61,    107          

3307.62, 3307.64, 3307.65, 3307.651, 3307.66, 3307.68, 3307.69,    108          

3307.70, 3307.71, 3307.711, 3307.712, 3307.72, 3307.73, 3307.74,   109          

3307.741, 3307.751, 3307.78, 3307.80, 3309.021, 3309.261,          110          

3309.262, 3309.301, 3309.31, 3309.341, 3309.35, 3309.39, 3309.45,  111          

3313.975, 3317.011, 3317.13, 3319.08, 5101.181, 5505.161, and      112          

5505.202 be amended; that sections 3307.013 (3307.501), 3307.02    113          

(3307.75), 3307.021 (3307.751), 3307.022 (3307.752), 3307.111      114          

(3307.151), 3307.14 (3307.181), 3307.20 (3307.51), 3307.201        115          

(3307.512), 3307.21 (3307.20), 3307.22 (3307.73), 3307.26          116          

(3307.241), 3307.27 (3307.24), 3307.28 (3307.71), 3307.281         117          

(3307.70), 3307.282 (3307.711), 3307.283 (3307.712), 3307.29       118          

(3307.23), 3307.30 (3307.231), 3307.31 (3307.53), 3307.311         119          

(3307.78), 3307.32 (3307.74), 3307.33 (3307.741), 3307.35          120          

(3307.54), 3307.36 (3307.52), 3307.371 (3307.69), 3307.38          121          

                                                          5      


                                                                 
(3307.58), 3307.381 (3307.35), 3307.382 (3307.691), 3307.383       122          

(3307.79), 3307.384 (3307.692), 3307.39 (3307.59), 3307.40         123          

(3307.392), 3307.401 (3307.693), 3307.402 (3307.694), 3307.403     124          

(3307.67), 3307.404 (3307.695), 3307.405 (3307.61), 3307.406       125          

(3307.696), 3307.407 (3307.697), 3307.408 (3307.671), 3307.409     126          

(3307.698), 3307.4010 (3307.699), 3307.4011 (3307.6910),           127          

3307.4012 (3307.46), 3307.4013 (3307.6911), 3307.41 (3307.57),     128          

3307.411 (3307.76), 3307.412 (3307.761), 3307.42 (3307.62),        129          

3307.421 (3307.513), 3307.43 (3307.63), 3307.431 (3307.631),       130          

3307.44 (3307.64), 3307.46 (3307.56), 3307.47 (3307.561), 3307.48  131          

(3307.562), 3307.49 (3307.66), 3307.50 (3307.60), 3307.51          132          

(3307.26), 3307.511 (3307.261), 3307.512 (3307.77), 3307.515       133          

(3307.771), 3307.53 (3307.28), 3307.56 (3307.31), 3307.58          134          

(3307.21), 3307.59 (3307.211), 3307.60 (3307.212), 3307.61         135          

(3307.29), 3307.62 (3307.291), 3307.63 (3307.213), 3307.64         136          

(3307.30), 3307.65 (3307.14), 3307.651 (3307.142), 3307.66         137          

(3307.141), 3307.68 (3307.96), 3307.69 (3307.97), 3307.70          138          

(3307.98), 3307.71 (3307.41), 3307.711 (3307.42), 3307.712         139          

(3307.44), 3307.72 (3307.37), 3307.73 (3307.72), 3307.74           140          

(3307.39), 3307.741 (3307.391), 3307.75 (3307.32), 3307.751        141          

(3307.47), 3307.78 (3307.6912), and 3307.80 (3307.563) be          142          

amended, for the purpose of adopting new section numbers as        143          

indicated in parentheses; and that new sections 3307.27, 3307.33,  144          

3307.50, 3307.511, and 3307.80 and sections 145.391, 742.3721,     146          

3307.031, 3307.121, 3307.214, 3307.25, 3307.251, 3307.252,         147          

3307.461, 3307.661, 3307.6913, 3307.6914, 3307.81, 3307.811,       149          

3307.812, 3307.83, 3307.84, 3307.86, 3307.87, 3307.88, 3307.881,   150          

3307.882, 3307.89, 3309.3712, and 5505.177 of the Revised Code be  153          

enacted to read as follows:                                        154          

      Sec. 145.28.  (A)(1)  Except as provided in division (A)(2)  163          

of this section, a member of the public employees retirement       164          

system with at least eighteen months of contributing service in    165          

the system, the state teachers retirement system, or the school    166          

employees retirement system who exempted himself SELF from         167          

                                                          6      


                                                                 
membership in one or more of the systems pursuant to section       169          

145.03 or 3309.23 of the Revised Code, or former section 3307.25   170          

or 3309.25 of the Revised Code, or was exempt under section        171          

3307.27 3307.24 of the Revised Code, may purchase credit for each  173          

year or portion of a year of service for which he THE MEMBER was   174          

exempted.                                                                       

      (2)  A member may not purchase credit under this section     176          

for exempted service if the service was exempted from              177          

contribution under section 145.03 of the Revised Code and subject  178          

to the tax on wages imposed by the "Federal Insurance              179          

Contributions Act," 68A Stat. 415 (1954), 26 U.S.C.A. 3101, as     180          

amended.                                                           181          

      (B)  For each year or portion of a year of credit purchased  183          

under this section, a member shall pay to the retirement system    184          

an amount determined by multiplying the member's earnable salary   185          

for the twelve months of contributing service preceding the month  186          

in which he THE MEMBER applies to purchase the credit by a         187          

percentage rate established by rule of the public employees        189          

retirement board adopted under division (F) of this section.       190          

      (C)  Subject to board rules, a member may purchase all or    192          

part of the credit he THE MEMBER is eligible to purchase under     193          

this section in one or more payments.  If the member purchases     195          

the credit in more than one payment, compound interest at a rate   196          

specified by rule of the board shall be charged on the balance     197          

remaining after the first payment is made.                         198          

      (D)  Credit purchasable under this section shall not exceed  200          

one year of service for any twelve-month period.  If the period    201          

of service for which credit is purchasable under this section is   202          

concurrent with a period of service that will be used to           203          

calculate a retirement benefit from this system, the state         204          

teachers retirement system, or school employees retirement         205          

system, the amount of the credit shall be adjusted in accordance   206          

with rules adopted by the public employees retirement board.       207          

      A member who is also a member of the state teachers          209          

                                                          7      


                                                                 
retirement system or the school employees retirement system shall  210          

purchase credit for any service for which he THE MEMBER exempted   211          

himself SELF under section 145.03 or 3309.23 of the Revised Code,  213          

or former section 3307.25 or 3309.25 of the Revised Code, or was   214          

exempt under section 3307.27 3307.24 of the Revised Code, from     215          

the retirement system in which he THE MEMBER has the greatest      217          

number of years of service credit.  If the member receives         219          

benefits under section 145.37 of the Revised Code, the retirement  220          

system that determines and pays the benefit shall receive from     221          

the other system or systems the amounts paid by the member for     222          

purchase of credit for exempt service plus interest at the         223          

actuarial assumption rate of the system paying that amount.  The   224          

interest shall be for the period beginning on the date of the      225          

member's last payment for purchase of the credit and ending on     226          

the date of the member's retirement.                                            

      (E)  If a member dies or withdraws from service, any         228          

payment made by the member under this section shall be considered  229          

as accumulated contributions of the member.                        230          

      (F)  The retirement board shall adopt rules to implement     232          

this section.                                                      233          

      Sec. 145.293.  (A)  Service credit purchased under this      242          

section shall be included in the member's total service credit.    243          

Credit may be purchased for the following:                         244          

      (1)  Service rendered in another state, and service in any   246          

entity operated by the United States government, that, if served   247          

in a comparable position in Ohio, would be covered by the public   248          

employees retirement system, Ohio police and fire pension fund,    250          

state teachers retirement system, school employees retirement      251          

system, or state highway patrol retirement system;                 252          

      (2)  Service for which contributions were made by the        254          

member or on the member's behalf to a municipal retirement system  256          

in this state.                                                                  

      The number of years purchased under this section shall not   258          

exceed the lesser of five years or the member's total accumulated  259          

                                                          8      


                                                                 
number of years of Ohio service.                                   260          

      (B)  For each year of service purchased, a member shall pay  262          

to the public employees retirement system for credit to the        263          

member's accumulated account an amount equal to the member's       265          

retirement contribution for full-time employment for the first     266          

year of Ohio service following termination of the service to be    267          

purchased.  To this amount shall be added an amount equal to       268          

compound interest at a rate established by the public employees    269          

retirement board from the date of membership in the public         270          

employees retirement system to date of payment.  The member may    271          

choose to purchase only part of such credit in any one payment,    272          

subject to board rules.                                            273          

      (C)  A member is ineligible to purchase under this section   275          

service for which the member has obtained credit under section     277          

145.44 of the Revised Code or service that is used in the          278          

calculation of any retirement benefit currently being paid or      279          

payable in the future to the member under any other retirement     280          

program except social security.  At the time the credit is         281          

purchased the member shall certify on a form furnished by the      282          

retirement board that the member does and will conform to this     283          

requirement.                                                                    

      (D)  Credit purchased under this section may be combined     285          

pursuant to section 145.37 with credit purchased under sections    286          

3307.32 3307.74 and 3309.31 of the Revised Code, except that not   288          

more than an aggregate total of five years' service credit         289          

purchased under this section and sections 3307.32 3307.74 and      290          

3309.31 shall be used in determining retirement eligibility or     292          

calculating benefits under section 145.37 of the Revised Code.     293          

      Sec. 145.301.  (A)  A member may purchase service credit     302          

that shall be considered as the equivalent of Ohio service for     303          

each year of service incurred by reason of having been on active   304          

duty as a member of the armed forces of the United States, as      305          

defined in section 145.30 of the Revised Code.  The credit may be  306          

purchased at any time prior to receipt of a retirement allowance.  307          

                                                          9      


                                                                 
The number of years purchased shall not exceed five.  The member   309          

may choose to purchase only part of such credit in any one         310          

payment, subject to public employees retirement board rules.       311          

      (B)  For the purposes of this division, "prisoner of war"    313          

means any regularly appointed, enrolled, enlisted, or inducted     314          

member of the armed forces of the United States who was captured,  315          

separated, and incarcerated by an enemy of the United States.      316          

      A member may purchase service credit that shall be           318          

considered as the equivalent of Ohio service for each year of      319          

service such member was a prisoner of war.  The number of years    320          

purchased under this division shall not exceed five.  Service      321          

credit may be purchased under this division for the same years of  322          

service used to purchase service credit under division (A) of      323          

this section.  The member may choose to purchase only part of      324          

such credit in any one payment, subject to board rules.            325          

      (C)  The total number of years purchased under this section  327          

shall not exceed the member's total accumulated number of years    328          

of Ohio service.                                                   329          

      (D)  For each year of service purchased under division (A)   331          

or (B) of this section, the member shall pay to the public         332          

employees retirement system for credit to the member's             333          

accumulated account an amount specified by the retirement board    335          

that shall be not less than fifty per cent of the additional       336          

liability resulting from the purchase of that year of service as   337          

determined by an actuary employed by the board.                    338          

      (E)  A member is ineligible to purchase service credit       340          

under this section for any year of military service that was:      341          

      (1)  Used in the calculation of any retirement benefit       344          

currently being paid to the member or payable in the future under  345          

any other retirement program, except social security, or for       346          

retired pay for nonregular service under Chapter 1223 of Section   347          

1662 of Title XVI of the "National Defense Authorization Act for   349          

Fiscal Year 1995," 108 Stat. 2998 (1994), 10 U.S.C.A. 12731 to     350          

12739;                                                                          

                                                          10     


                                                                 
      (2)  Used to obtain service credit pursuant to section       351          

145.30 or 145.302 of the Revised Code.                             352          

      At the time the credit is purchased, the member shall        355          

certify on a form furnished by the retirement board that the       356          

member does and will conform to this requirement.                  357          

      (F)  A member who, on the effective date of this amendment   361          

MARCH 17, 2000, is purchasing service credit under this section    362          

by making installment payments to the system or by a payroll       363          

deduction plan authorized under section 145.294 of the Revised     364          

Code may elect, on a form provided by the board, to have a         365          

portion of the cost of the service credit recalculated under       366          

division (D) of this section as amended by House Bill 186 of the   368          

123rd general assembly.  The recalculation shall apply only to     369          

the amount still owed by the member as of the date the election    370          

is filed with the board.                                           371          

      For each member who makes an election, the board shall do    373          

all of the following:                                              374          

      (1)  Determine the amount of the total cost of the service   376          

credit still owed by the member as of the date the election is     377          

filed with the board and the number of years or portion of a year  378          

of service credit attributable to that amount;                     379          

      (2)  Recalculate under division (D) of this section the      381          

cost of the service credit described in division (F)(1) of this    382          

section;                                                                        

      (3)  Notify the member of the recalculated amount.           384          

      If the recalculated amount is less than the amount still     386          

owed by the member as of the date the election is filed, the       387          

recalculated amount shall be the amount owed by the member.        388          

      (G)  Credit purchased under this section may be combined     390          

pursuant to section 145.37 with credit for military service        391          

purchased under sections 3307.021 3307.751 and 3309.021, except    393          

that not more than an aggregate total of five years of credit      394          

purchased under division (A) of this section, division (A) of      395          

section 3307.021 3307.751, and division (A) of section 3309.021,   396          

                                                          11     


                                                                 
and not more than an aggregate total of five years of credit       398          

purchased under division (B) of this section, division (B) of      399          

section 3307.021 3307.751, and division (B) of section 3309.021    401          

shall be used in determining retirement eligibility or             402          

calculating benefits under section 145.37 of the Revised Code.     403          

      Sec. 145.311.  (A)  A member of the public employees         412          

retirement system who has at least eighteen months of              413          

contributing service credit in the system, the OHIO police and     414          

firemen's disability and FIRE pension fund, school employees       416          

retirement system, state teachers retirement system, or state      417          

highway patrol retirement system, and is a former member of or no  418          

longer contributing to the school employees retirement system or   419          

state teachers retirement system may restore service credit under  420          

section 3307.28 3307.71 or 3309.26 of the Revised Code by making   422          

payments pursuant to this section through a payroll deduction      423          

plan established under section 145.294 of the Revised Code, a.  A  424          

member seeking to restore this service credit shall notify the     426          

public employees retirement system on a form approved by the       427          

public employees retirement board.  After receiving the notice,    428          

the public employees retirement system shall request that the      429          

former retirement system calculate under section 3307.283                       

3307.712 or 3309.262 of the Revised Code the cost to the member    431          

to restore service credit for each year or portion of a year of    433          

service for which the member seeks to restore the service credit.  434          

The amount the former retirement system certifies as the cost of   435          

restoring the service credit, plus interest described in division  436          

(B) of this section, is the cost to the member of restoring the    437          

service credit.  On receiving the certification from the former    438          

retirement system, the public employees retirement system shall    439          

notify the member of the cost.                                     440          

      (B)  For each year or portion of a year of service credit    442          

restored under section 3307.28 3307.71 or 3309.26 of the Revised   444          

Code, a member shall pay to the public employees retirement        445          

system the amount certified by the former retirement system plus   446          

                                                          12     


                                                                 
interest at a rate specified by the former retirement system       447          

under section 3307.283 3307.712 or 3309.262 of the Revised Code    449          

for the period during which deductions are made under section      450          

145.294 of the Revised Code.                                       451          

      (C)  The public employees retirement board shall annually    454          

notify the former retirement system that a payment to restore      455          

service credit under section 3307.28 3307.71 or 3309.26 of the     457          

Revised Code has been made.  At the time the payment is            458          

transferred under division (D) of this section, the former         459          

retirement system shall restore the service credit for the year    460          

or portion of a year for which the payment was made.               462          

      (D)  On application for a payment of accumulated             464          

contributions or an age and service retirement, disability, or     466          

survivor benefit under Chapter 145., 3307., or 3309. of the        467          

Revised Code by a member who made payments under this section to   469          

restore service credit in a former retirement system, the public   470          

employees retirement system shall pay to the former retirement     471          

system an amount equal to the total amount paid by the member      473          

under this section.                                                             

      (E)  The board shall adopt rules to implement this section.  475          

      Sec. 145.312.  After receiving a request from the state      485          

teachers retirement system under division (A) of section 3307.282  486          

3307.711 or the school employees retirement system under division  488          

(A) of section 3309.261 of the Revised Code, the public employees  491          

retirement system shall do both of the following:                  492          

      (A)  Calculate and certify to the requesting retirement      495          

system the cost to a former member to restore service credit       496          

under section 145.31 of the Revised Code for each year or portion  497          

of a year for which the former member seeks to restore service     499          

credit under that section.                                                      

      (B)  Inform the requesting retirement system of the rate of  501          

interest charged to a member under a payroll deduction plan        502          

authorized under section 145.294 of the Revised Code.              503          

      Sec. 145.35.  (A)  As used in this section, "on-duty         512          

                                                          13     


                                                                 
illness or injury" means an illness or injury that occurred        513          

during or resulted from performance of duties under the direct     514          

supervision of a member's appointing authority.                    515          

      (B)  The public employees retirement system shall provide    517          

disability coverage to each member who has at least five years of  518          

total service credit and disability coverage for on-duty illness   519          

or injury to each member who is a law enforcement officer,         520          

regardless of length of service.                                   521          

      Not later than October 16, 1992, the public employees        523          

retirement board shall give each person who is a member on July    524          

29, 1992, the opportunity to elect disability coverage either      526          

under section 145.36 of the Revised Code or under section 145.361  527          

of the Revised Code.  The board shall mail notice of the           528          

election, accompanied by an explanation of the coverage under      529          

each of the Revised Code sections and a form on which the          530          

election is to be made, to each member at the member's last known  532          

address.  The board shall also provide the explanation and form    533          

to any member on request.                                                       

      Regardless of whether the member actually receives notice    535          

of the right to make an election, a member who fails to file a     536          

valid election under this section shall be considered to have      537          

elected disability coverage under section 145.36 of the Revised    538          

Code.  To be valid, an election must be made on the form provided  539          

by the retirement board, signed by the member, and filed with the  540          

board not later than one hundred eighty days after the date the    541          

notice was mailed, or, in the case of a form provided at the       542          

request of a member, a date specified by rule of the retirement    543          

board.  Once made, an election is irrevocable, but if the member   544          

ceases to be a member of the retirement system, the election is    545          

void.  If a person who makes an election under this section also   546          

makes an election under section 3307.42 3307.62 or 3309.39 of the  548          

Revised Code, the election made for the system that pays a         549          

disability benefit to that person shall govern the benefit.        550          

      Disability coverage shall be provided under section 145.361  552          

                                                          14     


                                                                 
of the Revised Code for persons who become members after July 29,  554          

1992, and for members who elect under this division to be covered  555          

under section 145.361 of the Revised Code.                         556          

      The retirement board may adopt rules governing elections     558          

made under this division.                                          559          

      (C)  Application for a disability benefit may be made by a   561          

member, by a person acting in the member's behalf, or by the       562          

member's employer, provided the member has disability coverage     564          

under section 145.36 or 145.361 of the Revised Code and is not     565          

receiving a disability benefit under any other Ohio state or       566          

municipal retirement program.  Application must be made within     567          

two years from the date the member's contributing service          568          

terminated, unless the retirement board determines that the        569          

member's medical records demonstrate conclusively that at the      570          

time the two-year period expired, the member was physically or     571          

mentally incapacitated for duty and unable to make an              572          

application.  Application may not be made by or for any person     573          

receiving age and service retirement benefits under section        574          

145.33, 145.331, 145.34, or 145.37 of the Revised Code or any      575          

person who, pursuant to section 145.40 of the Revised Code, has    576          

been paid the accumulated contributions standing to the credit of  577          

the person's individual account in the employees' savings fund.    579          

The application shall be made on a form provided by the                         

retirement board.                                                  580          

      (D)  The benefit payable to any member who is approved for   582          

a disability benefit shall become effective on the first day of    583          

the month immediately following the later of the following:        584          

      (1)  The last day for which compensation was paid;           586          

      (2)  The attainment of eligibility for a disability          588          

benefit.                                                           589          

      (E)  Medical examination of a member who has applied for a   592          

disability benefit shall be conducted by a competent                            

disinterested physician or physicians selected by the board to     593          

determine whether the member is mentally or physically             594          

                                                          15     


                                                                 
incapacitated for the performance of duty by a disabling           595          

condition either permanent or presumed to be permanent.  The       597          

disability must have occurred since last becoming a member or                   

have increased since last becoming a member to such extent as to   598          

make the disability permanent or presumed to be permanent.  A      599          

disability is presumed to be permanent if it is expected to last   600          

for a continuous period of not less than twelve months following   601          

the filing of the application.                                     602          

      If the physician or physicians determine that the member     604          

qualifies for a disability benefit, the board concurs with the     606          

determination, and the member agrees to medical treatment as       607          

specified in division (F) of this section, the member shall        608          

receive a disability benefit under section 145.36 or 145.361 of    609          

the Revised Code.  The action of the board shall be final.         610          

      (F)  The public employees retirement board shall adopt       612          

rules requiring a disability benefit recipient, as a condition of  614          

continuing to receive a disability benefit, to agree in writing    615          

to obtain any medical treatment recommended by the board's         616          

physician and submit medical reports regarding the treatment.  If  618          

the board determines that a disability benefit recipient is not                 

obtaining the medical treatment or the board does not receive a    619          

required medical report, the disability benefit shall be           621          

suspended until the treatment is obtained, the report is received  622          

by the board, or the board's physician certifies that the          623          

treatment is no longer helpful or advisable.  Should the           624          

recipient's failure to obtain treatment or submit a medical        625          

report continue for one year, the recipient's right to the         627          

disability benefit shall be terminated as of the effective date    628          

of the original suspension.                                                     

      (G)  In the event an employer files an application for a     630          

disability benefit as a result of a member having been separated   631          

from service because the member is considered to be mentally or    633          

physically incapacitated for the performance of the member's       634          

present duty, and the physician or physicians selected by the      635          

                                                          16     


                                                                 
board reports to the board that the member is physically and       636          

mentally capable of performing service similar to that from which  637          

the member was separated and the board concurs in the report, the  639          

board shall so certify to the employer and the employer shall      640          

restore the member to the member's previous position and salary    642          

or to a similar position and salary.                                            

      Sec. 145.37.  (A)  As used in this section:                  651          

      (1)  "State retirement system" means the public employees    653          

retirement system, school employees retirement system, or state    654          

teachers retirement system.                                        655          

      (2)  "Total service credit" means all service credit earned  657          

in the state retirement systems, except credit for service         658          

subject to section 145.38 of the Revised Code.  Total service      659          

credit shall not exceed one year of credit for any twelve-month    660          

period.                                                            661          

      (3)  In addition to the meaning given in division (N) of     663          

section 145.01 of the Revised Code, "disability benefit" means     664          

"disability benefit" as defined in sections 3307.01 and 3309.01    665          

of the Revised Code.                                               666          

      (B)  To coordinate and integrate membership in the state     668          

retirement systems, the following provisions apply:                669          

      (1)  At the option of a member, total contributions and      671          

service credit in all state retirement systems, including amounts  672          

paid to restore service credit under sections 145.311, 3307.282    673          

3307.711, and 3309.261 of the Revised Code, shall be used in       675          

determining the eligibility and total retirement or disability     676          

benefit payable.  When total contributions and service credit are  677          

so combined, the following provisions apply:                       678          

      (a)  Age and service retirement or disability benefits are   680          

effective on the first day of the month immediately following the  681          

later of:                                                          682          

      (i)  The last day for which compensation was paid;           684          

      (ii)  The attainment of minimum age or service credit        686          

eligibility for benefits provided under this section.              687          

                                                          17     


                                                                 
      (b)  In determining eligibility for a disability benefit,    689          

the medical examiner's report to the retirement board of any       690          

state retirement system, showing that the member's disability      691          

incapacitates the member for the performance of duty, may be       692          

accepted by the state retirement boards as sufficient for          694          

granting a disability benefit.                                     695          

      (c)  The state retirement system in which the member had     697          

the greatest service credit, without adjustment, shall determine   698          

and pay the total retirement or disability benefit.  Where the     699          

member's credit is equal in two or more state retirement systems,  701          

the system having the largest total contributions of the member    702          

shall determine and pay the total benefit.                         703          

      (d)  In determining the total credit to be used in           705          

calculating a retirement or disability benefit, credit shall not   706          

be reduced below that certified by the system or systems           707          

transferring credit, except that such total combined service       708          

credit shall not exceed one year of credit for any one "year" as   709          

defined in the law of the system making the calculation.           710          

      (e)  The state retirement system determining and paying a    712          

retirement or disability benefit shall receive from the other      713          

system or systems the member's refundable account at retirement    714          

or the effective date of a disability benefit plus an equal        715          

amount from the employer's accumulation fund.                      716          

      (i)  The annuity rates and mortality tables of the state     718          

retirement system making the calculation and paying the benefit    719          

shall be exclusively applicable.                                   720          

      (ii)  Deposits made for the purpose of an additional         722          

annuity, and including guaranteed interest, upon the request of    723          

the member, shall be transferred to the state retirement system    724          

paying the benefit.  The return upon such deposits shall be that   725          

offered by the state retirement system making the calculation and  726          

paying the benefit.                                                727          

      (2)  A former member receiving a retirement or disability    729          

benefit under this section, who accepts employment amenable to     730          

                                                          18     


                                                                 
coverage in any state retirement system that participated in the   731          

former member's combined benefit, shall be subject to the          733          

applicable provisions of law governing such re-employment.  If     734          

the former member is subject to section 3307.381 3307.35 of the    735          

Revised Code and exceeds the limits on re-employment established   737          

by that section, the state retirement system paying a combined     738          

benefit shall terminate the entire pension portion of the benefit  739          

for the period of re-employment that exceeds the limit in that     740          

section.  If a former member should be paid any amount in a        741          

retirement benefit, to which the former member is not entitled     742          

under the applicable provisions of law governing such              744          

re-employment, such amount shall be recovered by the state         745          

retirement system paying such benefit by utilizing any recovery    746          

procedure available under the code provisions of the state         747          

retirement system covering such re-employment.                                  

      (C)  A PERS retirant or other system retirant, as defined    749          

in section 145.38 of the Revised Code, is not eligible to receive  750          

any benefit under this section for service subject to section      751          

145.38 of the Revised Code.                                        752          

      Sec. 145.38.  (A)  As used in this section:                  761          

      (1)  "PERS retirant" means a former member of the public     763          

employees retirement system who is receiving either of the         764          

following:                                                                      

      (a)  Age and service retirement benefits under section       766          

145.32, 145.33, 145.331, 145.34, or 145.46 of the Revised Code;    767          

      (b)  Age and service retirement benefits paid by the public  769          

employees retirement system under section 145.37 of the Revised    770          

Code.                                                              771          

      (2)  "Other system retirant" means both of the following:    773          

      (a)  A member or former member of the Ohio police and        775          

firemen's fire pension fund, state teachers retirement system,     776          

school employees retirement system, state highway patrol           777          

retirement system, or Cincinnati retirement system who is          778          

receiving age and service or commuted age and service retirement   779          

                                                          19     


                                                                 
benefits or a disability benefit from a system of which the        780          

person is a member or former member;                               781          

      (b)  A member or former member of the public employees       783          

retirement system who is receiving age and service retirement      784          

benefits or a disability benefit under section 145.37 of the       785          

Revised Code paid by the school employees retirement system or     786          

the state teachers retirement system.                              787          

      (B)(1)  Subject to this section, a PERS retirant or other    789          

system retirant may be employed by a public employer.  If so       790          

employed, the PERS retirant or other system retirant shall         791          

contribute to the public employees retirement system in            792          

accordance with section 145.47 of the Revised Code, and the        793          

employer shall make contributions in accordance with section       794          

145.48 of the Revised Code.                                        795          

      (2)  A public employer that employs a PERS retirant or       797          

other system retirant, or enters into a contract for services as   798          

an independent contractor with a PERS retirant who was employed    799          

by the public employer at the time of the retirant's retirement    801          

shall notify the retirement board of the employment or contract                 

not later than the end of the month in which the employment or     802          

contract commences.  Any overpayment of benefits to a PERS         803          

retirant by the retirement system resulting from delay or failure  804          

of the employer to give the notice shall be repaid to the          805          

retirement system by the employer.                                 806          

      (3)  On receipt of notice from a public employer that a      808          

person who is an other system retirant has been employed, the      809          

retirement system shall notify the retirement system of which the  810          

other system retirant was a member of such employment.             811          

      (4)(a)  A PERS retirant who has received a retirement        813          

allowance for less than six months when employment subject to      814          

this section commences shall forfeit the retirement allowance for  815          

the period that begins on the date the employment commences and    816          

ends on the date that is six months after the date on which the    817          

retirement allowance commenced.  Service and contributions for     818          

                                                          20     


                                                                 
that period shall not be included in calculation of any benefits   819          

payable to the PERS retirant and those contributions shall be      820          

refunded on the retirant's death or termination of the             821          

employment.  For purposes of this division, "employment" shall     822          

include service for which the retirant or the retirant's           823          

employer, or both, have waived any earnable salary for such        824          

service.                                                                        

      (b)  An other system retirant who has received a retirement  826          

allowance or disability benefit for less than two months when      828          

employment subject to this section commences shall forfeit the     829          

retirement allowance or disability benefit for the period that     830          

begins on the date the employment commences and ends on the date   831          

that is two months after the date on which the retirement          832          

allowance or disability benefit commenced.  Service and            833          

contributions for that period shall not be included in the                      

calculation of any benefits payable to the other system retirant   834          

and those contributions shall be refunded on the retirant's death  836          

or termination of the employment.                                               

      (5)  On receipt of notice from the Ohio police and fire      839          

pension fund, school employees retirement system, or state         841          

teachers retirement system of the re-employment of a PERS          842          

retirant, the public employees retirement system shall not pay,                 

or if paid, shall recover, the amount to be forfeited by the PERS  843          

retirant in accordance with section 742.26, 3307.381 3307.35, or   845          

3309.341 of the Revised Code.                                      846          

      (6)  A PERS retirant who enters into a contract to provide   848          

services as an independent contractor to the employer by which     849          

the retirant was employed at the time of retirement or, less than  851          

two months after the retirement allowance commences, begins                     

providing services as an independent contractor pursuant to a      852          

contract with another public employer, shall forfeit the pension   853          

portion of the retirement benefit for the period beginning the     854          

first day of the month following the month in which the services   855          

begin and ending on the first day of the month following the       856          

                                                          21     


                                                                 
month in which the services end.  The annuity portion of the       857          

retirement allowance shall be suspended on the day services under  858          

the contract begin and shall accumulate to the credit of the       859          

retirant to be paid in a single payment after services provided    860          

under the contract terminate.  A PERS retirant subject to          861          

division (B)(6) of this section shall not contribute to the        862          

retirement system and shall not become a member of the system.     863          

      (C)(1)  Except as provided in division (C)(4) of this        865          

section, a PERS retirant employed pursuant to this section shall   867          

elect one of the following:                                                     

      (a)  To receive both compensation for the employment and a   870          

retirement allowance;                                                           

      (b)  To receive compensation for the employment and forfeit  873          

the pension portion of the retirement allowance.                                

      (2)  A PERS retirant who is described in division (C)(4) of  876          

this section or elects to forfeit the pension portion of the       877          

retirement allowance under division (C)(1)(b) of this section      878          

shall become a new member of the public employees retirement       879          

system with all the rights, privileges, and obligations of         880          

membership, except that the new membership does not include        881          

survivor benefits provided pursuant to section 145.45 of the       882          

Revised Code.  The pension portion of the PERS retirant's                       

retirement allowance shall cease on the first day of the first     883          

month following commencement of the employment and shall           884          

thereafter be forfeited until the first day of the first month     885          

following termination of the employment.  The annuity portion of   886          

the retirement allowance shall be suspended on the first day of    887          

the first month following commencement of the employment and       888          

shall thereafter accumulate to the credit of the PERS retirant to  889          

be paid in a single payment after termination of the employment.   890          

The retirement allowance shall resume on the first day of the      891          

first month following termination of the employment.  On           892          

termination of the employment, the PERS retirant shall elect to    893          

receive either a refund of the retirant's contributions to the     895          

                                                          22     


                                                                 
retirement system during the period of employment subject to this  896          

section or a supplemental retirement allowance based on the        897          

retirant's contributions and service credit for that period of     898          

employment.                                                                     

      (3)  Except as provided in division (B)(4) of this section,  900          

there shall be no suspension or forfeiture of any portion of the   901          

retirement allowance payable to other system retirants or to PERS  902          

retirants who make an election under division (C)(1)(a) of this    903          

section.                                                           904          

      (4)  A PERS retirant shall elect division (C)(1)(b) of this  907          

section if both of the following apply:                                         

      (a)  The retirant held elective office in this state, or in  909          

any municipal corporation, county, or other subdivision of this    910          

state at the time of retirement under Chapter 145. of the Revised  911          

Code;                                                                           

      (b)  The retirant was elected or appointed to the same       913          

office for the remainder of the term or the term immediately       914          

following the term during which the retirement occurred.           915          

      (D)(1)  On termination of employment under this section,     917          

the PERS retirant who makes an election under division (C)(1)(a)   918          

of this section or other system retirant may file an application   919          

with the public employees retirement system for a benefit under    920          

this division, which shall consist of a single life annuity        921          

having a reserve equal to the amount of the retirant's             922          

accumulated contributions for the period of employment and an      923          

equal amount of the employer's contributions.  The PERS retirant   924          

or other system retirant shall elect either to receive the         925          

benefit as a monthly annuity for life or a lump-sum payment        926          

discounted to the present value using the current actuarial        927          

assumption rate of interest, except that if the monthly annuity    928          

would be less than twenty-five dollars per month, the retirant     929          

shall receive a lump-sum payment.                                  930          

      (2)  A benefit payable under this division shall commence    932          

on the latest of the following:                                    933          

                                                          23     


                                                                 
      (a)  The last day for which compensation for employment      935          

subject to this section was paid;                                  936          

      (b)  Attainment by the PERS retirant or other system         938          

retirant of age sixty-five;                                        939          

      (c)  If the PERS retirant or other system retirant was       941          

previously employed under this section and is receiving or         942          

previously received a benefit under this division, completion of   943          

a period of twelve months since the effective date of the last     944          

benefit under this division.                                       945          

      (3)(a)  If a PERS retirant or other system retirant dies     947          

while employed in employment subject to this section, a lump-sum   948          

payment calculated in accordance with division (D)(1) of this      949          

section shall be paid to the retirant's beneficiary under          950          

division (G) of this section.                                      951          

      (b)  If at the time of death a PERS retirant or other        953          

system retirant receiving a monthly annuity has received less      954          

than the retirant would have received as a lump-sum payment, the   956          

difference between the amount received and the amount that would   957          

have been received as a lump-sum payment shall be paid to the      958          

retirant's beneficiary under division (G) of this section.         959          

      (4)(a)  A PERS retirant or other system retirant subject to  961          

this division is not a member of the public employees retirement   962          

system, does not have any of the rights, privileges, or            963          

obligations of membership, except as specified in this section,    964          

and, except as specified in division (D)(4)(b) of this section,    965          

is not eligible to receive health, medical, hospital, or surgical  966          

benefits under section 145.58 of the Revised Code for employment   967          

subject to this section.  No amount received under this division   968          

shall be included in determining an additional benefit under       969          

section 145.323 of the Revised Code or any other post-retirement   970          

benefit increase.                                                  971          

      (b)  A PERS retirant who makes an election under division    973          

(C)(1)(a) of this section shall receive primary health, medical,   974          

hospital, or surgical insurance coverage from the retirant's       975          

                                                          24     


                                                                 
employer, if the employer provides coverage to other employees     976          

performing comparable work.  Neither the employer nor the PERS     977          

retirant may waive the employer's coverage, except that the PERS   978          

retirant may waive the employer's coverage if the retirant has     979          

coverage comparable to that provided by the employer from a        980          

source other than the employer or the public employees retirement  981          

system.  If a claim is made, the employer's coverage shall be the  982          

primary coverage and shall pay first.  The benefits provided       983          

under section 145.58 of the Revised Code shall pay only those      984          

medical expenses not paid through the employer's coverage or       985          

coverage the PERS retirant receives through a source other than    986          

the retirement system.                                             987          

      (E)  If the disability benefit of an other system retirant   989          

employed under this section is terminated, the retirant shall      990          

become a member of the public employees retirement system,         991          

effective on the first day of the month next following the         992          

termination with all the rights, privileges, and obligations of    993          

membership.  If such person, after the termination of the          994          

disability benefit, earns two years of service credit under this   995          

system or under the Ohio police and fire pension fund, state       997          

teachers retirement system, school employees retirement system,    998          

or state highway patrol retirement system, the person's prior      999          

contributions as an other system retirant under this section       1,000        

shall be included in the person's total service credit as a        1,001        

public employees retirement system member, and the person shall    1,002        

forfeit all rights and benefits of this section.  Not more than    1,003        

one year of credit may be given for any period of twelve months.   1,004        

      (F)  A PERS retirant who performs services for a public      1,006        

employer as an independent contractor pursuant to a contract with  1,007        

the employer shall not make contributions to the public employees  1,008        

retirement system or become a member of the system.  Except as     1,009        

provided in division (B)(6) of this section, there shall be no     1,010        

suspension or forfeiture of the retirant's retirement allowance.   1,011        

      (G)  A PERS retirant or other system retirant employed       1,013        

                                                          25     


                                                                 
under this section may designate one or more persons as            1,014        

beneficiary to receive any benefits payable under this section     1,015        

due to death.  The designation shall be in writing duly executed   1,017        

on a form provided by the public employees retirement board,       1,018        

signed by the PERS retirant or other system retirant, and filed    1,019        

with the board prior to death.  The last designation of a          1,020        

beneficiary revokes all previous designations.  The PERS                        

retirant's or other system retirant's marriage, divorce, marriage  1,021        

dissolution, legal separation, withdrawal of account, birth of a   1,023        

child, or adoption of a child revokes all previous designations.   1,024        

If there is no designated beneficiary, the beneficiary is the      1,025        

beneficiary determined under division (D) of section 145.43 of     1,026        

the Revised Code.  If any benefit payable under this section due   1,027        

to the death of a PERS retirant or other system retirant is not    1,028        

claimed by a beneficiary within five years after the death, the    1,029        

amount payable shall be transferred to the income fund and         1,030        

thereafter paid to the beneficiary or the estate of the PERS       1,031        

retirant or other system retirant on application to the board.                  

      (H)  This section does not affect the receipt of benefits    1,033        

by or eligibility for benefits of any person who on August 20,     1,034        

1976, was receiving a disability benefit or service retirement     1,035        

pension or allowance from a state or municipal retirement system   1,036        

in Ohio and was a member of any other state or municipal           1,037        

retirement system of this state.                                   1,038        

      (I)  The public employees retirement board may adopt rules   1,040        

to carry out this section.                                         1,041        

      Sec. 145.391.  THE PUBLIC EMPLOYEES RETIREMENT BOARD MAY     1,043        

ESTABLISH AND MAINTAIN A QUALIFIED GOVERNMENTAL EXCESS BENEFIT     1,044        

ARRANGEMENT THAT MEETS THE REQUIREMENTS OF DIVISION (m) OF         1,045        

SECTION 415 OF THE "INTERNAL REVENUE CODE OF 1986," 100 STAT.      1,047        

2085, 26 U.S.C.A. 415, AS AMENDED, AND ANY REGULATIONS ADOPTED     1,049        

THEREUNDER.  IF ESTABLISHED, THE ARRANGEMENT SHALL BE A SEPARATE   1,050        

PORTION OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM AND BE           1,051        

MAINTAINED SOLELY FOR THE PURPOSE OF PROVIDING TO RETIRED MEMBERS  1,052        

                                                          26     


                                                                 
THAT PART OF A BENEFIT OTHERWISE PAYABLE UNDER SECTIONS 145.01 TO  1,053        

145.59 OF THE REVISED CODE THAT EXCEEDS THE LIMITS ESTABLISHED BY  1,055        

SECTION 415 OF THE "INTERNAL REVENUE CODE OF 1986," AS AMENDED.    1,056        

      MEMBERS PARTICIPATING IN AN ARRANGEMENT ESTABLISHED UNDER    1,058        

THIS SECTION SHALL NOT BE PERMITTED TO ELECT TO DEFER              1,059        

COMPENSATION TO THE ARRANGEMENT.  CONTRIBUTIONS TO AND BENEFITS    1,060        

PAID UNDER AN ARRANGEMENT SHALL NOT BE PAYABLE FROM A TRUST THAT   1,061        

IS PART OF THE SYSTEM UNLESS THE TRUST IS MAINTAINED SOLELY FOR    1,062        

THE PURPOSE OF PROVIDING SUCH BENEFITS.                            1,063        

      THE BOARD SHALL ADOPT RULES TO ADMINISTER AN ARRANGEMENT     1,065        

ESTABLISHED UNDER THIS SECTION.                                    1,066        

      Sec. 145.45.  Except as provided in division (C)(1) of this  1,076        

section, in lieu of accepting the payment of the accumulated       1,077        

account of a member who dies before service retirement, a          1,078        

beneficiary, as determined in this section or section 145.43 of    1,079        

the Revised Code, may elect to forfeit the accumulated             1,080        

contributions and to substitute certain other benefits under       1,081        

division (A) or (B) of this section.                                            

      (A)  If a deceased member was eligible for a service         1,083        

retirement benefit as provided in section 145.33, 145.331, or      1,084        

145.34 of the Revised Code, a surviving spouse or other sole       1,085        

dependent beneficiary may elect to receive a monthly benefit       1,087        

computed as the joint-survivor benefit designated as "plan D" in   1,088        

section 145.46 of the Revised Code, which the member would have    1,089        

received had the member retired on the last day of the month of    1,090        

death and had the member at that time selected such                1,092        

joint-survivor plan.  Payment shall begin with the month           1,094        

subsequent to the member's death, except that a surviving spouse   1,095        

who is less than sixty-five years old may defer receipt of such    1,096        

benefit.  Upon receipt, the benefit shall be calculated based      1,097        

upon the spouse's age at the time of first payment, and shall      1,098        

accrue regular interest during the time of deferral.               1,099        

      (B)  If a deceased member had at least one and one-half      1,101        

years of contributing service credit, with at least one-quarter    1,102        

                                                          27     


                                                                 
year of contributing service credit within the two and one-half    1,103        

years prior to the date of death, or was receiving at the time of  1,104        

death a disability benefit as provided in section 145.36,          1,105        

145.361, or 145.37 of the Revised Code, certain qualified          1,106        

survivors may elect to receive monthly benefits as provided in     1,109        

divisions (B)(1) and (5) of this section.                                       

      (1)  Number                                                  1,111        

      of Qualified                                     Or          1,112        

      survivors        Annual Benefit as a Per   Monthly Benefit   1,113        

      affecting        Cent of Decedent's Final  shall not be      1,114        

      the benefit      Average Salary            less than         1,115        

          1                 25%                     $ 96           1,116        

          2                 40                       186           1,117        

          3                 50                       236           1,118        

          4                 55                       236           1,119        

          5 or more         60                       236           1,120        

      (2)  Benefits shall begin as qualified survivors meet        1,123        

eligibility requirements as follows:                               1,124        

      (a)  A qualified spouse is the surviving spouse of the       1,126        

deceased member, who is age sixty-two, or age fifty if the         1,129        

deceased member had ten or more years of Ohio service credit, or   1,130        

regardless of age if caring for a qualified child, or regardless   1,131        

of age if adjudged physically or mentally incompetent.  A spouse   1,133        

of a member who died prior to August 27, 1970, whose eligibility   1,134        

was determined at the member's death, and who is physically or     1,135        

mentally incompetent on or after August 20, 1976, shall be paid    1,136        

the monthly benefit which that person would otherwise receive      1,137        

when qualified by age.                                                          

      (b)  A qualified child is any unmarried child of the         1,141        

deceased member under age eighteen, or under age twenty-two if     1,142        

the child is attending an institution of learning or training      1,143        

pursuant to a program designed to complete in each school year     1,144        

the equivalent of at least two-thirds of the full-time curriculum  1,145        

requirements of such institution and as further determined by      1,146        

                                                          28     


                                                                 
board policy, or regardless of age if adjudged physically or       1,147        

mentally incompetent at the time of the member's death.            1,148        

      (c)  A qualified parent is a dependent parent aged           1,150        

sixty-five or older or regardless of age if physically or          1,152        

mentally incompetent, a dependent parent whose eligibility was     1,153        

determined by the member's death prior to August 20, 1976, and     1,154        

who is physically or mentally incompetent on or after August 20,   1,155        

1976, shall be paid the monthly benefit for which that person      1,156        

would otherwise qualify.                                                        

      (3)  "Physically or mentally incompetent" as used in this    1,158        

section may be determined by a court of jurisdiction, or by a      1,159        

physician appointed by the retirement board.  Incapability of      1,160        

making a living because of a physically or mentally disabling      1,161        

condition shall meet the qualifications of this division.          1,162        

      (4)  Benefits to a qualified survivor shall terminate upon   1,165        

ceasing to meet eligibility requirements as provided in this       1,166        

division, a first marriage, abandonment, adoption, or during       1,168        

active military service.  Benefits to a deceased member's          1,169        

surviving spouse that were terminated under a former version of    1,170        

this section that required termination due to remarriage and were  1,171        

not resumed prior to the effective date of this amendment          1,172        

SEPTEMBER 16, 1998, shall resume on the first day of the month     1,173        

immediately following receipt by the board of an application on a  1,174        

form provided by the board.                                        1,175        

      Upon the death of any subsequent spouse who was a member of  1,178        

the public employees retirement system, state teachers retirement  1,179        

system, or school employees retirement system, the surviving       1,180        

spouse of such member may elect to continue receiving benefits     1,181        

under this division, or to receive survivor's benefits, based      1,182        

upon the subsequent spouse's membership in one or more of the      1,183        

systems, for which such surviving spouse is eligible under this    1,184        

section or section 3307.49 3307.66 or 3309.45 of the Revised       1,185        

Code.  If the surviving spouse elects to continue receiving        1,187        

benefits under this division, such election shall not preclude     1,188        

                                                          29     


                                                                 
the payment of benefits under this division to any other           1,189        

qualified survivor.                                                             

      Benefits shall begin or resume on the first day of the       1,191        

month following the attainment of eligibility and shall terminate  1,192        

on the first day of the month following loss of eligibility.       1,193        

      (5)  Benefits to a qualified spouse shall be paid in the     1,195        

amount determined for the first qualifying survivor in division    1,197        

(B)(1) of this section, but shall not be less than one hundred     1,198        

six dollars per month if the deceased member had ten or more       1,199        

years of Ohio service credit.  All other qualifying survivors      1,201        

shall share equally in the benefit or remaining portion thereof.   1,202        

      (6)  The beneficiary of a member who is also a member of     1,204        

the state teachers retirement system or of the school employees    1,205        

retirement system, must forfeit the member's accumulated           1,206        

contributions in those systems and in the public employees         1,207        

retirement system, if the beneficiary takes a survivor benefit.    1,210        

Such benefit shall be exclusively governed by section 145.37 of                 

the Revised Code.                                                  1,211        

      (C)(1)  Regardless of whether the member is survived by a    1,215        

spouse or designated beneficiary, if the public employees                       

retirement system receives notice that a deceased member           1,216        

described in division (A) or (B) of this section has one or more   1,217        

qualified children, all persons who are qualified survivors under  1,219        

division (B) of this section shall receive monthly benefits as     1,221        

provided in division (B) of this section.                          1,222        

      If, after determining the monthly benefits to be paid under  1,224        

division (B) of this section, the system receives notice that      1,225        

there is a qualified survivor who was not considered when the      1,226        

determination was made, the system shall, notwithstanding section  1,227        

145.561 of the Revised Code, recalculate the monthly benefits      1,229        

with that qualified survivor included, even if the benefits to     1,230        

qualified survivors already receiving benefits are reduced as a    1,231        

result.  The benefits shall be calculated as if the qualified      1,232        

survivor who is the subject of the notice became eligible on the                

                                                          30     


                                                                 
date the notice was received and shall be paid to qualified        1,233        

survivors effective on the first day of the first month following  1,234        

the system's receipt of the notice.                                1,235        

      If the retirement system did not receive notice that a       1,237        

deceased member has one or more qualified children prior to        1,239        

making payment under section 145.43 of the Revised Code to a       1,242        

beneficiary as determined by the retirement system, the payment    1,243        

is a full discharge and release of the system from any future      1,244        

claims under this section or section 145.43 of the Revised Code.   1,245        

      (2)  If benefits under division (C)(1) of this section to    1,248        

all persons, or to all persons other than a surviving spouse or    1,250        

other sole beneficiary, terminate, there are no children under                  

the age of twenty-two years, and the surviving spouse or           1,251        

beneficiary qualifies for benefits under division (A) of this      1,253        

section, the surviving spouse or beneficiary may elect to receive  1,254        

benefits under division (A) of this section.  The benefits shall   1,255        

be effective on the first day of the month immediately following   1,256        

the termination.                                                                

      (D)  If the survivor benefits due and paid under this        1,258        

section are in a total amount less than the member's accumulated   1,259        

account that was transferred from the public employees' savings    1,260        

fund to the survivors' benefit fund, then the difference between   1,261        

the total amount of the benefits paid shall be paid to the         1,262        

beneficiary under section 145.43 of the Revised Code.              1,263        

      Sec. 171.04.  The Ohio retirement study council shall:       1,273        

      (A)  Make an impartial review from time to time of all laws  1,275        

governing the administration and financing of the pension and      1,276        

retirement funds under Chapters 145., 146., 742., 3307., 3309.,    1,277        

and 5505. of the Revised Code and recommend to the general         1,278        

assembly any changes it may find desirable with respect to the     1,279        

allowances and benefits, sound financing of the cost of benefits,  1,280        

the prudent investment of funds, and the improvement of the        1,281        

language, structure, and organization of the laws;                 1,282        

      (B)  Make an annual report to the governor and to the        1,284        

                                                          31     


                                                                 
general assembly covering its evaluation and recommendations with  1,285        

respect to the operations of the state retirement systems and      1,286        

their funds;                                                       1,287        

      (C)  Study all changes in the retirement laws proposed to    1,289        

the general assembly and report to the general assembly on their   1,290        

probable costs, actuarial implications, and desirability as a      1,291        

matter of public policy;                                           1,292        

      (D)  REVIEW SEMIANNUALLY THE POLICIES, OBJECTIVES, AND       1,294        

CRITERIA ADOPTED UNDER SECTIONS 145.11, 742.11, 3307.15, 3309.15,  1,295        

AND 5505.06 OF THE REVISED CODE FOR THE OPERATION OF THE           1,296        

INVESTMENT PROGRAMS OF THE STATE RETIREMENT SYSTEMS, INCLUDING A   1,297        

REVIEW OF ASSET ALLOCATION TARGETS AND RANGES, RISK FACTORS,                    

ASSET CLASS BENCHMARKS, TIME HORIZONS, TOTAL RETURN OBJECTIVES,    1,298        

RELATIVE VOLATILITY, AND PERFORMANCE EVALUATION GUIDELINES.  THE                

COUNCIL SHALL, NOT LATER THAN THIRTY DAYS AFTER COMPLETING A       1,299        

REVIEW, SUBMIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY A REPORT   1,300        

SUMMARIZING ITS FINDINGS.                                          1,301        

      (E)  HAVE PREPARED BY AN INDEPENDENT ACTUARY, AT LEAST ONCE  1,303        

EVERY TEN YEARS, AN ACTUARIAL REVIEW OF THE ANNUAL ACTUARIAL       1,304        

VALUATIONS AND QUINQUENNIAL ACTUARIAL INVESTIGATIONS PREPARED      1,305        

UNDER SECTIONS 145.22, 742.14, 3307.20, 3309.21, AND 5505.12 OF    1,306        

THE REVISED CODE, INCLUDING A REVIEW OF THE ACTUARIAL ASSUMPTIONS  1,308        

AND METHODS, THE DATA UNDERLYING THE VALUATIONS AND                1,309        

INVESTIGATIONS, AND THE ADEQUACY OF EACH SYSTEM'S EMPLOYEE AND     1,310        

EMPLOYER CONTRIBUTION RATES TO AMORTIZE ITS UNFUNDED ACTUARIAL     1,312        

PENSION LIABILITY, IF ANY, AND TO SUPPORT THE PAYMENT OF BENEFITS  1,313        

AUTHORIZED BY CHAPTER 145., 742., 3307., 3309., OR 5505. OF THE    1,314        

REVISED CODE.  THE COUNCIL SHALL SUBMIT TO THE GOVERNOR AND THE    1,316        

GENERAL ASSEMBLY A REPORT SUMMARIZING THE REVIEW.                  1,317        

      Sec. 742.26.  (A)  As used in this section:                  1,327        

      (1)  "Actuarial present value" means the calculation under   1,329        

which the probability of occurrence, based on a specified          1,330        

mortality table, and the discount for future monetary growth at a  1,331        

specified interest rate are considered by an actuary to determine  1,332        

                                                          32     


                                                                 
the value of an annuity.                                           1,333        

      (2)  "Other system retirant" means a former member of the    1,335        

public employees retirement system, state teachers retirement      1,336        

system, school employees retirement system, state highway patrol   1,337        

retirement system, or Cincinnati retirement system who is          1,338        

receiving a disability benefit or an age and service or commuted   1,339        

age and service retirement benefit or allowance from a system of   1,340        

which the person is a former member.                               1,341        

      (3)  "OPFPF retirant" means any person who is receiving a    1,344        

retirement allowance, other than a disability benefit, from the    1,345        

Ohio police and fire pension fund.                                 1,346        

      (B)  The mortality table and interest rate used in           1,348        

determining actuarial present value shall be determined by the     1,349        

board of trustees of the fund based on the recommendations of an   1,350        

actuary employed by the board.                                     1,351        

      (C)(1)  An OPFPF retirant or other system retirant may be    1,354        

employed as a member of a police or fire department.  If so        1,355        

employed, the retirant shall make contributions to the fund in     1,357        

accordance with section 742.31 of the Revised Code, and the        1,358        

employer shall make contributions in accordance with sections      1,359        

742.33 and 742.34 of the Revised Code.                             1,360        

      (2)  An employer that employs An OPFPF retirant or other     1,363        

system retirant shall notify the board of trustees of the fund of  1,364        

the employment not later than the end of the month in which the    1,365        

employment commences.  On receipt of notice from an employer that  1,366        

a person who is an other system retirant has been employed, the    1,367        

fund shall notify the retirement system of which the other system  1,368        

retirant was a member of such employment.                          1,369        

      (D)  An OPFPF retirant or other system retirant who has      1,372        

received a retirement allowance or benefit for less than two       1,373        

months when employment subject to this section commences shall     1,374        

forfeit the retirement allowance or benefit for the period that    1,376        

begins on the date the employment commences and ends on the date                

that is two months after the date on which the retirement          1,377        

                                                          33     


                                                                 
allowance or benefit commenced.  Service and contributions for     1,378        

that period shall not be included in the calculation of any        1,379        

benefits payable under this section, and those contributions       1,380        

shall be refunded on the retirant's death or termination of the    1,382        

employment.                                                                     

      (E)  On receipt of notice from the public employees          1,384        

retirement system, school employees retirement system, or state    1,385        

teachers retirement system of the re-employment of an OPFPF        1,387        

retirant, the Ohio police and fire pension fund shall not pay, or  1,389        

if paid shall recover, the amount to be forfeited by the OPFPF     1,390        

retirant in accordance with section 145.38, 3307.381 3307.35, or   1,392        

3309.341 of the Revised Code.                                                   

      (F)(1)(a)  On termination of employment under this section,  1,394        

an OPFPF retirant or other system retirant shall elect one of the  1,396        

following:                                                         1,397        

      (i)  A monthly annuity the actuarial present value of which  1,399        

is equal to two times the sum of all amounts deducted from the     1,400        

salary of the OPFPF retirant or other system retirant and          1,402        

credited to the retirant's individual account in the fund,         1,403        

together with interest credited thereon at the rate determined by  1,405        

the board, provided the annuity equals or exceeds twenty-five      1,406        

dollars per month.                                                 1,407        

      (ii)  A lump-sum payment equal to two times the sum of all   1,409        

amounts deducted from the salary of the OPFPF retirant or other    1,411        

system retirant and credited to the retirant's individual account  1,413        

in the fund, together with interest credited thereon at the rate   1,414        

determined by the board.                                           1,415        

      (b)  Interest shall be credited to accounts only at the      1,417        

time of calculation of a benefit payable under division (F)(1) of  1,418        

this section.                                                      1,419        

      (2)  A benefit payable under this division shall commence    1,421        

on the first day of the month immediately after the latest of the  1,422        

following:                                                         1,423        

      (a)  The last day for which compensation for employment      1,425        

                                                          34     


                                                                 
subject to this section was paid;                                  1,426        

      (b)  Attainment by the OPFPF retirant or other system        1,429        

retirant of age sixty;                                             1,430        

      (c)  If the OPFPF retirant or other system retirant was      1,433        

previously employed under this section and is receiving or         1,434        

previously received a benefit under this division, completion of   1,435        

a period of twelve months since the last benefit paid under this   1,436        

section commenced.                                                 1,437        

      (3)  No amount received under this division shall be         1,439        

included in determining an additional benefit under section        1,440        

742.3711, 742.3716, or 742.3717 of the Revised Code or any other   1,441        

post-retirement benefit increase.                                  1,442        

      (G)(1)  If an OPFPF retirant or other system retirant dies   1,445        

while employed in employment subject to this section, a lump-sum   1,446        

payment calculated in accordance with division (F)(1)(a)(ii) of    1,447        

this section shall be paid to the retirant's surviving spouse, or  1,449        

if there is no surviving spouse, to the retirant's estate.         1,450        

      (2)  If at the time of death an OPFPF retirant or other      1,453        

system retirant receiving a monthly annuity under division         1,454        

(F)(1)(a)(i) of this section has received less than would have     1,455        

been received as a lump-sum payment under division (F)(1)(a)(ii)   1,456        

of this section, the difference between the amount received and    1,458        

the amount that would have been received as a lump-sum payment     1,461        

shall be paid to the retirant's surviving spouse, or if there is   1,462        

no surviving spouse, to the retirant's estate.                                  

      (H)  An other system retirant subject to this section is     1,464        

not a member of the Ohio police and fire pension fund, does not    1,466        

have any of the rights, privileges, or obligations of membership,  1,467        

except as specified in this section, and is not eligible to        1,468        

receive health, medical, hospital, or surgical benefits under      1,469        

section 742.45 of the Revised Code for employment subject to this  1,470        

section.                                                                        

      (I)  If any payment is made by the Ohio police and fire      1,473        

pension fund to an OPFPF retirant or other system retirant to      1,475        

                                                          35     


                                                                 
which the retirant is not entitled, the retirant shall repay it    1,477        

to the fund.  If the retirant fails to make the repayment, the     1,478        

fund shall withhold the amount due from any allowances or other    1,479        

amounts due the OPFPF retirant or other system retirant.           1,480        

      (J)  An OPFPF retirant who is employed under this section    1,484        

is not eligible to receive any benefits under section 742.37 of    1,485        

the Revised Code for the employment under this section.            1,486        

      (K)  This section does not affect the receipt of benefits    1,488        

by or eligibility for benefits of any person who on August 20,     1,489        

1976, was receiving a disability benefit or service retirement     1,490        

pension or allowance from a state or municipal retirement system   1,491        

in Ohio and was a member of any other state or municipal           1,492        

retirement system of this state.                                   1,493        

      (L)  The board of trustees of the fund may adopt rules to    1,495        

carry out this section.                                            1,496        

      Sec. 742.379.  (A)  As used in this section:                 1,505        

      (1)  "Full-time service" has the meaning established by      1,507        

rule of the board of trustees of the Ohio police and fire pension  1,509        

fund.                                                                           

      (2)  "Qualified contributions" means contributions to the    1,511        

public employees retirement system, school employees retirement    1,512        

system, or state teachers retirement system attributable to        1,513        

full-time service or purchase of credit for service in the armed   1,514        

forces of the United States.                                       1,515        

      (B)  In computing the pension and benefits payable under     1,517        

section 742.37 or 742.39 of the Revised Code, the Ohio police and  1,519        

fire pension fund shall give a member of the fund who is in the    1,520        

active service of a police or fire department and is not           1,521        

receiving a pension or benefit payment from the fund full credit   1,522        

for service credit earned for full-time service as a member of     1,523        

the Cincinnati retirement system or purchased from the retirement  1,524        

system for service in the armed forces of the United States if,    1,526        

for each year of service credit, the fund receives the sum of the  1,528        

following:                                                                      

                                                          36     


                                                                 
      (1)  An amount, which shall be paid by the member, equal to  1,530        

the amount withdrawn by the member from the retirement system      1,532        

that is attributable to the year of service credit, with interest  1,533        

on that amount from the date of withdrawal to the date of          1,535        

payment;                                                                        

      (2)  Interest, which shall be paid either by the member or   1,538        

the retirement system, on the amount withdrawn by the member from  1,539        

the retirement system that is attributable to the year of service               

from the last day of the year for which the service credit was     1,541        

earned or in which military service credit was purchased or        1,542        

obtained to the date the withdrawal was made;                      1,543        

      (3)  An amount, which shall be paid by either the member or  1,546        

the retirement system, equal to the lesser of the amount                        

contributed by the employer to the retirement system for the year  1,548        

of service or the amount that would have been contributed by the   1,549        

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      1,551        

department, with interest on that amount from the last day of the  1,552        

year for which the service credit was earned or in which military  1,553        

service was purchased or obtained to the date the payment is       1,554        

made;                                                                           

      (4)  If the member became a member of the fund on or after   1,556        

September 16, 1998, the amount, which shall be paid by the         1,559        

member, determined pursuant to division (I) of this section.       1,560        

      Interest shall be determined in accordance with division     1,562        

(H) of this section.                                               1,563        

      (C)  In computing the pension and benefits payable under     1,566        

section 742.37 or 742.39 of the Revised Code, the fund shall give  1,567        

a member of the fund who is in the active service of a police or   1,569        

fire department, is not receiving a pension or benefit payment     1,570        

from the fund, and has withdrawn the member's contributions from   1,571        

the public employees retirement system, school employees           1,572        

retirement system, or state teachers retirement system full        1,573        

credit for service credit earned for full-time service as a        1,574        

                                                          37     


                                                                 
member of the public employees retirement system, school           1,575        

employees retirement system, or state teachers retirement system   1,576        

or purchased from one of those retirement systems for service in   1,577        

the armed forces of the United States if, for each year of         1,578        

service, the fund receives the sum of the following:               1,580        

      (1)  An amount, which shall be paid by the member, equal to  1,583        

the amount withdrawn by the member from the former retirement      1,585        

system that is attributable to that year of service credit, with   1,587        

interest on that amount from the date of withdrawal to the date    1,588        

of payment;                                                                     

      (2)  Interest, which shall be transferred by the former      1,591        

retirement system, on the amount withdrawn by the member from the  1,592        

retirement system that is attributable to the year of service                   

from the last day of the year for which the service credit was     1,593        

earned or in which military service credit was purchased or        1,594        

obtained to the date the withdrawal was made;                      1,595        

      (3)  An amount, which shall be transferred by the former     1,598        

retirement system, equal to the lesser of the amount contributed   1,599        

by the employer to the retirement system for the year of service   1,600        

or the amount that would have been contributed by the employer     1,601        

for the year of service had the member been employed by the        1,602        

member's current employer as a member of a police or fire          1,603        

department, with interest on the amount transferred from the last  1,604        

day of the year for which the service credit was earned or in      1,605        

which military service credit was purchased or obtained to the     1,607        

date the transfer is made;                                                      

      (4)  If the member became a member of the fund on or after   1,610        

September 16, 1998, the amount, which shall be paid by the         1,612        

member, determined pursuant to division (I) of this section.       1,613        

      On receipt of payment from the member, the fund shall        1,615        

notify the former retirement system, and on receipt of the         1,616        

notice, the retirement system shall make the transfer.  Interest   1,617        

shall be determined in accordance with division (H) of this        1,619        

section.                                                                        

                                                          38     


                                                                 
      (D)  In computing the pension and benefits payable under     1,621        

section 742.37 or 742.39 of the Revised Code, the fund shall give  1,623        

a member of the fund who is in the active service of a police or   1,624        

fire department, is not receiving a pension or benefit from the    1,625        

fund, and has contributions on deposit with the public employees   1,626        

retirement system, school employees retirement system, or state    1,627        

teachers retirement system full credit for service credit earned   1,628        

for full-time service as a member of one of those retirement       1,629        

systems or purchased from one of the retirement systems for        1,630        

service in the armed forces of the United States if both of the    1,632        

following occur:                                                   1,633        

      (1)  The retirement system transfers to the fund, for each   1,636        

year of service, the sum of the following:                         1,637        

      (a)  An amount equal to the member's qualified               1,640        

contributions;                                                                  

      (b)  An amount equal to the lesser of the employer's         1,643        

qualified contributions to the retirement system or the amount     1,644        

that would have been contributed by the employer for the           1,645        

full-time service had the member been employed by the member's     1,646        

current employer as a member of a police or fire department;       1,647        

      (c)  Interest on the amounts specified in divisions          1,649        

(D)(1)(a) and (b) of this section from the last day of the year    1,651        

for which the service credit was earned or in which military       1,652        

service credit was purchased or obtained to the date the transfer  1,653        

is made.                                                           1,654        

      (2)  If the member became a member of the fund on or after   1,657        

September 16, 1998, the member pays the amount determined          1,659        

pursuant to division (I) of this section.                          1,660        

      On receipt of a request from the member, the appropriate     1,663        

retirement system shall make the transfer specified in division    1,664        

(D)(1) of this section.  Interest shall be determined in           1,665        

accordance with division (H) of this section.                      1,666        

      (E)  Subject to board rules, a member of the fund may        1,668        

choose to purchase in any one payment only part of the credit the  1,669        

                                                          39     


                                                                 
member is eligible to purchase under division (B) or (C)(1) of     1,671        

this section.                                                      1,672        

      (F)  At the request of the fund, the public employees        1,674        

retirement system, school employees retirement system, state       1,675        

teachers retirement system, or Cincinnati retirement system shall  1,676        

certify to the fund a copy of the records of the service and       1,678        

contributions of a member of the fund who seeks service credit     1,679        

under this section.                                                1,680        

      (G)  A member of the fund is ineligible to receive credit    1,683        

under this section for service that is used in the calculation of  1,684        

any retirement benefit currently being paid or payable in the      1,685        

future to the member, or service rendered concurrently with any    1,686        

other period for which service credit has already been granted.    1,687        

      (H)  Interest charged under this section shall be            1,690        

calculated separately for each year of service credit at the       1,691        

lesser of the actuarial assumption rate for that year of the fund  1,692        

or of the retirement system in which the credit was earned.  The   1,693        

interest shall be compounded annually.                             1,694        

      The board may, by rule, establish procedures for the         1,696        

receipt of service credit under this section.                      1,697        

      (I)  The amount to be paid pursuant to division (B)(4),      1,700        

(C)(4), or (D)(2) of this section is the sum of the following:     1,701        

      (1)  An amount equal to the difference between the amount    1,704        

the member paid as employee contributions for the service and the  1,705        

amount the member would have paid had the member been employed by  1,706        

the member's current employer as a member of a police or fire      1,707        

department;                                                                     

      (2)  An amount equal to the difference between the amount    1,710        

paid or transferred under division (B)(3), (C)(3), or (D)(1)(b)    1,711        

of this section and the amount that would have been contributed    1,712        

by the employer for the service had the member been employed by    1,713        

the member's current employer as a member of a police or fire      1,715        

department;                                                                     

      (3)  Interest, determined in accordance with division (H)    1,718        

                                                          40     


                                                                 
of this section, on the amounts specified in divisions (I)(1) and  1,720        

(2) of this section.                                                            

      At the request of a member, in lieu of requiring payment of  1,723        

all or part of the amount determined under this division the fund  1,724        

may grant the member an amount of service credit under division    1,725        

(B), (C), or (D) of this section that is less than the amount for  1,727        

which the member is eligible.  The service credit granted shall    1,728        

be the same percentage of the service credit for which the member  1,729        

is eligible that the amount the fund receives under division (B),  1,730        

(C), or (D) of this section is of the total amount it would        1,732        

receive under those divisions if the full amount determined under  1,733        

this division was paid.                                                         

      (J)(1)  Except as provided in division (J)(2) of this        1,736        

section and notwithstanding any contrary provision of this                      

section, the board shall, in computing a pension or benefit under  1,738        

section 742.37 or 742.39 of the Revised Code, give a member of     1,739        

the fund who is not receiving a pension or disability benefit      1,740        

from the fund full credit for service credit purchased under this  1,741        

section for service that was less than full-time service if the    1,742        

member provides evidence satisfactory to the board that, after     1,743        

receiving written notice from the fund indicating that the member  1,745        

would be permitted to purchase service credit for service that                  

was less than full-time, the member changed or ceased the          1,746        

member's employment with the understanding that the credit         1,747        

identified in the notice would be used in computing a pension or   1,748        

benefit.  If the board has canceled service credit purchased       1,750        

under this section for service that was less than full-time        1,751        

service and the member meets the requirements of division (J)(1)   1,752        

of this section, the board shall restore the service credit on     1,753        

repayment to the fund of the amount refunded to the member at the  1,755        

time of cancellation.                                                           

      (2)  If a member of the fund who is not receiving a pension  1,758        

or disability benefit from the fund purchased credit under this    1,759        

section for service that was less than full-time service and does  1,760        

                                                          41     


                                                                 
not meet the requirements of division (J)(1) of this section, the  1,761        

board shall refund to the member any amounts paid to purchase the  1,763        

credit, with interest at a rate determined by the board from the   1,764        

date the member purchased the credit to the date of the refund.    1,765        

      (K)  A member of the fund who has purchased service credit   1,767        

under this section, or the member's estate, is entitled to a       1,768        

refund of the amount or portion of the amount paid to purchase     1,769        

the credit if the purchased credit or portion of credit does not   1,770        

increase a pension or benefit payable under section 742.37 or      1,771        

742.39 of the Revised Code.  The refund cancels an equivalent      1,772        

amount of service credit.                                          1,773        

      (L)  If a member or former member of the fund who is not a   1,775        

current contributor and has not received a refund of accumulated   1,777        

contributions elects to receive credit under section 145.295,      1,778        

3307.412 3307.761, or 3309.351 of the Revised Code for service     1,779        

for which the member contributed to the fund or purchased credit   1,780        

for service in the armed forces of the United States, the fund     1,781        

shall transfer to the public employees retirement system, school   1,783        

employees retirement system, or state teachers retirement system   1,784        

the amount specified in division (A) of section 145.295 of the     1,785        

Revised Code, division (A) of section 3307.412 3307.761 of the     1,786        

Revised Code, or division (A) of section 3309.351 of the Revised   1,788        

Code.                                                                           

      (M)  The board shall adopt rules establishing a payroll      1,791        

deduction plan for the purchase of service credit under this       1,792        

section.  The rules shall meet the requirements described in                    

section 742.56 of the Revised Code.                                1,794        

      Sec. 742.3721.  THE BOARD OF TRUSTEES OF THE OHIO POLICE     1,796        

AND FIRE PENSION FUND MAY ESTABLISH AND MAINTAIN A QUALIFIED       1,797        

GOVERNMENTAL EXCESS BENEFIT ARRANGEMENT THAT MEETS THE                          

REQUIREMENTS OF DIVISION (m) OF SECTION 415 OF THE "INTERNAL       1,798        

REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 415, AS         1,801        

AMENDED, AND ANY REGULATIONS ADOPTED THEREUNDER.  IF ESTABLISHED,  1,802        

THE ARRANGEMENT SHALL BE A SEPARATE PORTION OF THE FUND AND BE     1,803        

                                                          42     


                                                                 
MAINTAINED SOLELY FOR THE PURPOSE OF PROVIDING TO RETIRED MEMBERS  1,804        

THAT PART OF A BENEFIT OTHERWISE PAYABLE UNDER THIS CHAPTER THAT   1,805        

EXCEEDS THE LIMITS ESTABLISHED BY SECTION 415 OF THE "INTERNAL     1,806        

REVENUE CODE OF 1986," AS AMENDED.                                              

      MEMBERS PARTICIPATING IN AN ARRANGEMENT ESTABLISHED UNDER    1,808        

THIS SECTION SHALL NOT BE PERMITTED TO ELECT TO DEFER              1,809        

COMPENSATION TO THE ARRANGEMENT.  CONTRIBUTIONS TO AND BENEFITS    1,810        

PAID UNDER AN ARRANGEMENT SHALL NOT BE PAYABLE FROM A TRUST THAT   1,811        

IS PART OF THE FUND UNLESS THE TRUST IS MAINTAINED SOLELY FOR THE  1,812        

PURPOSE OF PROVIDING SUCH BENEFITS.                                1,813        

      THE BOARD SHALL ADOPT RULES TO ADMINISTER AN ARRANGEMENT     1,815        

ESTABLISHED UNDER THIS SECTION.                                    1,816        

      Sec. 2329.66.  (A)  Every person who is domiciled in this    1,825        

state may hold property exempt from execution, garnishment,        1,826        

attachment, or sale to satisfy a judgment or order, as follows:    1,827        

      (1)(a)  In the case of a judgment or order regarding money   1,829        

owed for health care services rendered or health care supplies     1,830        

provided to the person or a dependent of the person, one parcel    1,831        

or item of real or personal property that the person or a          1,832        

dependent of the person uses as a residence.  Division (A)(1)(a)   1,833        

of this section does not preclude, affect, or invalidate the       1,834        

creation under this chapter of a judgment lien upon the exempted   1,835        

property but only delays the enforcement of the lien until the     1,836        

property is sold or otherwise transferred by the owner or in       1,837        

accordance with other applicable laws to a person or entity other  1,838        

than the surviving spouse or surviving minor children of the       1,839        

judgment debtor.  Every person who is domiciled in this state may  1,840        

hold exempt from a judgment lien created pursuant to division      1,841        

(A)(1)(a) of this section the person's interest, not to exceed     1,842        

five thousand dollars, in the exempted property.                   1,843        

      (b)  In the case of all other judgments and orders, the      1,845        

person's interest, not to exceed five thousand dollars, in one     1,846        

parcel or item of real or personal property that the person or a   1,847        

dependent of the person uses as a residence.                       1,848        

                                                          43     


                                                                 
      (2)  The person's interest, not to exceed one thousand       1,850        

dollars, in one motor vehicle;                                     1,851        

      (3)  The person's interest, not to exceed two hundred        1,853        

dollars in any particular item, in wearing apparel, beds, and      1,854        

bedding, and the person's interest, not to exceed three hundred    1,855        

dollars in each item, in one cooking unit and one refrigerator or  1,856        

other food preservation unit;                                      1,857        

      (4)(a)  The person's interest, not to exceed four hundred    1,859        

dollars, in cash on hand, money due and payable, money to become   1,860        

due within ninety days, tax refunds, and money on deposit with a   1,861        

bank, savings and loan association, credit union, public utility,  1,862        

landlord, or other person.  Division (A)(4)(a) of this section     1,863        

applies only in bankruptcy proceedings.  This exemption may        1,864        

include the portion of personal earnings that is not exempt under  1,865        

division (A)(13) of this section.                                  1,866        

      (b)  Subject to division (A)(4)(d) of this section, the      1,868        

person's interest, not to exceed two hundred dollars in any        1,869        

particular item, in household furnishings, household goods,        1,870        

appliances, books, animals, crops, musical instruments, firearms,  1,871        

and hunting and fishing equipment, that are held primarily for     1,872        

the personal, family, or household use of the person;              1,873        

      (c)  Subject to division (A)(4)(d) of this section, the      1,875        

person's interest in one or more items of jewelry, not to exceed   1,876        

four hundred dollars in one item of jewelry and not to exceed two  1,877        

hundred dollars in every other item of jewelry;                    1,878        

      (d)  Divisions (A)(4)(b) and (c) of this section do not      1,880        

include items of personal property listed in division (A)(3) of    1,881        

this section.                                                      1,882        

      If the person does not claim an exemption under division     1,884        

(A)(1) of this section, the total exemption claimed under          1,885        

division (A)(4)(b) of this section shall be added to the total     1,886        

exemption claimed under division (A)(4)(c) of this section, and    1,887        

the total shall not exceed two thousand dollars.  If the person    1,888        

claims an exemption under division (A)(1) of this section, the     1,889        

                                                          44     


                                                                 
total exemption claimed under division (A)(4)(b) of this section   1,890        

shall be added to the total exemption claimed under division       1,891        

(A)(4)(c) of this section, and the total shall not exceed one      1,892        

thousand five hundred dollars.                                     1,893        

      (5)  The person's interest, not to exceed an aggregate of    1,895        

seven hundred fifty dollars, in all implements, professional       1,896        

books, or tools of the person's profession, trade, or business,    1,897        

including agriculture;                                             1,899        

      (6)(a)  The person's interest in a beneficiary fund set      1,901        

apart, appropriated, or paid by a benevolent association or        1,902        

society, as exempted by section 2329.63 of the Revised Code;       1,903        

      (b)  The person's interest in contracts of life or           1,905        

endowment insurance or annuities, as exempted by section 3911.10   1,906        

of the Revised Code;                                               1,907        

      (c)  The person's interest in a policy of group insurance    1,909        

or the proceeds of a policy of group insurance, as exempted by     1,910        

section 3917.05 of the Revised Code;                               1,911        

      (d)  The person's interest in money, benefits, charity,      1,913        

relief, or aid to be paid, provided, or rendered by a fraternal    1,914        

benefit society, as exempted by section 3921.18 of the Revised     1,915        

Code;                                                              1,916        

      (e)  The person's interest in the portion of benefits under  1,918        

policies of sickness and accident insurance and in lump-sum        1,919        

payments for dismemberment and other losses insured under those    1,920        

policies, as exempted by section 3923.19 of the Revised Code.      1,921        

      (7)  The person's professionally prescribed or medically     1,923        

necessary health aids;                                             1,924        

      (8)  The person's interest in a burial lot, including, but   1,926        

not limited to, exemptions under section 517.09 or 1721.07 of the  1,927        

Revised Code;                                                      1,928        

      (9)  The person's interest in the following:                 1,930        

      (a)  Moneys paid or payable for living maintenance or        1,932        

rights, as exempted by section 3304.19 of the Revised Code;        1,933        

      (b)  Workers' compensation, as exempted by section 4123.67   1,936        

                                                          45     


                                                                 
of the Revised Code;                                               1,937        

      (c)  Unemployment compensation benefits, as exempted by      1,939        

section 4141.32 of the Revised Code;                               1,940        

      (d)  Cash assistance payments under the Ohio works first     1,942        

program, as exempted by section 5107.75 of the Revised Code;       1,944        

      (e)  Disability assistance payments, as exempted by section  1,946        

5115.07 of the Revised Code.                                       1,947        

      (10)(a)  Except in cases in which the person was convicted   1,949        

of or pleaded guilty to a violation of section 2921.41 of the      1,950        

Revised Code and in which an order for the withholding of          1,951        

restitution from payments was issued under division (C)(2)(b) of   1,952        

that section or in cases in which an order for withholding was     1,953        

issued under section 2907.15 of the Revised Code, and only to the  1,954        

extent provided in the order, and except as provided in sections   1,958        

3105.171, 3105.63, 3111.23, and 3113.21 of the Revised Code, the   1,960        

person's right to a pension, benefit, annuity, retirement          1,961        

allowance, or accumulated contributions, the person's right to a   1,962        

participant account in any deferred compensation program offered   1,963        

by the Ohio public employees deferred compensation board, a        1,964        

government unit, or a municipal corporation, or the person's       1,965        

other accrued or accruing rights, as exempted by section 145.56,   1,966        

145.75, 146.13, 742.47, 3307.71 3307.41, 3309.66, or 5505.22 of    1,967        

the Revised Code, and the person's right to benefits from the      1,969        

Ohio public safety officers death benefit fund;                    1,971        

      (b)  Except as provided in sections 3111.23 and 3113.21 of   1,974        

the Revised Code, the person's right to receive a payment under    1,975        

any pension, annuity, or similar plan or contract, not including   1,976        

a payment from a stock bonus or profit-sharing plan or a payment   1,977        

included in division (A)(6)(b) or (10)(a) of this section, on      1,978        

account of illness, disability, death, age, or length of service,  1,979        

to the extent reasonably necessary for the support of the person   1,980        

and any of the person's dependents, except if all the following    1,981        

apply:                                                             1,982        

      (i)  The plan or contract was established by or under the    1,984        

                                                          46     


                                                                 
auspices of an insider that employed the person at the time the    1,985        

person's rights under the plan or contract arose.                  1,986        

      (ii)  The payment is on account of age or length of          1,988        

service.                                                           1,989        

      (iii)  The plan or contract is not qualified under the       1,991        

"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as   1,992        

amended.                                                           1,993        

      (c)  Except for any portion of the assets that were          1,995        

deposited for the purpose of evading the payment of any debt and   1,996        

except as provided in sections 3111.23 and 3113.21 of the Revised  1,998        

Code, the person's right in the assets held in, or to receive any  2,000        

payment under, any individual retirement account, individual       2,001        

retirement annuity, "Roth IRA," or education individual            2,002        

retirement account that provides benefits by reason of illness,    2,004        

disability, death, or age, to the extent that the assets,          2,005        

payments, or benefits described in division (A)(10)(c) of this     2,006        

section are attributable to any of the following:                  2,007        

      (i)  Contributions of the person that were less than or      2,010        

equal to the applicable limits on deductible contributions to an   2,011        

individual retirement account or individual retirement annuity in  2,012        

the year that the contributions were made, whether or not the      2,013        

person was eligible to deduct the contributions on the person's    2,014        

federal tax return for the year in which the contributions were    2,015        

made;                                                                           

      (ii)  Contributions of the person that were less than or     2,018        

equal to the applicable limits on contributions to a Roth IRA or   2,019        

education individual retirement account in the year that the       2,020        

contributions were made;                                                        

      (iii)  Contributions of the person that are within the       2,023        

applicable limits on rollover contributions under subsections      2,024        

219, 402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3),              2,025        

408A(c)(3)(B), 408A(d)(3), and 530(d)(5) of the "Internal Revenue  2,028        

Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.          2,030        

      (d)  Except for any portion of the assets that were          2,033        

                                                          47     


                                                                 
deposited for the purpose of evading the payment of any debt and   2,034        

except as provided in sections 3111.23 and 3113.21 of the Revised  2,035        

Code, the person's right in the assets held in, or to receive any  2,036        

payment under, any Keogh or "H.R. 10" plan that provides benefits  2,037        

by reason of illness, disability, death, or age, to the extent     2,038        

reasonably necessary for the support of the person and any of the  2,039        

person's dependents.                                               2,040        

      (11)  The person's right to receive spousal support, child   2,042        

support, an allowance, or other maintenance to the extent          2,043        

reasonably necessary for the support of the person and any of the  2,044        

person's dependents;                                               2,046        

      (12)  The person's right to receive, or moneys received      2,048        

during the preceding twelve calendar months from, any of the       2,049        

following:                                                         2,050        

      (a)  An award of reparations under sections 2743.51 to       2,052        

2743.72 of the Revised Code, to the extent exempted by division    2,053        

(D) of section 2743.66 of the Revised Code;                        2,054        

      (b)  A payment on account of the wrongful death of an        2,056        

individual of whom the person was a dependent on the date of the   2,057        

individual's death, to the extent reasonably necessary for the     2,058        

support of the person and any of the person's dependents;          2,059        

      (c)  Except in cases in which the person who receives the    2,061        

payment is an inmate, as defined in section 2969.21 of the         2,062        

Revised Code, and in which the payment resulted from a civil       2,063        

action or appeal against a government entity or employee, as       2,064        

defined in section 2969.21 of the Revised Code, a payment, not to               

exceed five thousand dollars, on account of personal bodily        2,066        

injury, not including pain and suffering or compensation for       2,067        

actual pecuniary loss, of the person or an individual for whom     2,068        

the person is a dependent;                                                      

      (d)  A payment in compensation for loss of future earnings   2,070        

of the person or an individual of whom the person is or was a      2,071        

dependent, to the extent reasonably necessary for the support of   2,072        

the debtor and any of the debtor's dependents.                     2,073        

                                                          48     


                                                                 
      (13)  Except as provided in sections 3111.23 and 3113.21 of  2,076        

the Revised Code, personal earnings of the person owed to the                   

person for services in an amount equal to the greater of the       2,077        

following amounts:                                                 2,078        

      (a)  If paid weekly, thirty times the current federal        2,080        

minimum hourly wage; if paid biweekly, sixty times the current     2,081        

federal minimum hourly wage; if paid semimonthly, sixty-five       2,082        

times the current federal minimum hourly wage; or if paid          2,083        

monthly, one hundred thirty times the current federal minimum      2,084        

hourly wage that is in effect at the time the earnings are         2,085        

payable, as prescribed by the "Fair Labor Standards Act of 1938,"  2,086        

52 Stat. 1060, 29 U.S.C. 206(a)(1), as amended;                    2,087        

      (b)  Seventy-five per cent of the disposable earnings owed   2,089        

to the person.                                                     2,090        

      (14)  The person's right in specific partnership property,   2,092        

as exempted by division (B)(3) of section 1775.24 of the Revised   2,093        

Code;                                                              2,094        

      (15)  A seal and official register of a notary public, as    2,096        

exempted by section 147.04 of the Revised Code;                    2,097        

      (16)  The person's interest in a tuition credit or a         2,099        

payment under section 3334.09 of the Revised Code pursuant to a    2,100        

tuition credit contract, as exempted by section 3334.15 of the     2,101        

Revised Code;                                                                   

      (17)  Any other property that is specifically exempted from  2,103        

execution, attachment, garnishment, or sale by federal statutes    2,104        

other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11  2,105        

U.S.C.A. 101, as amended;                                          2,106        

      (18)  The person's interest, not to exceed four hundred      2,108        

dollars, in any property, except that division (A)(18) of this     2,109        

section applies only in bankruptcy proceedings.                    2,110        

      (B)  As used in this section:                                2,112        

      (1)  "Disposable earnings" means net earnings after the      2,114        

garnishee has made deductions required by law, excluding the       2,115        

deductions ordered pursuant to section 3111.23 or 3113.21 of the   2,117        

                                                          49     


                                                                 
Revised Code.                                                      2,118        

      (2)  "Insider" means:                                        2,120        

      (a)  If the person who claims an exemption is an             2,122        

individual, a relative of the individual, a relative of a general  2,123        

partner of the individual, a partnership in which the individual   2,124        

is a general partner, a general partner of the individual, or a    2,125        

corporation of which the individual is a director, officer, or in  2,126        

control;                                                           2,127        

      (b)  If the person who claims an exemption is a              2,129        

corporation, a director or officer of the corporation; a person    2,130        

in control of the corporation; a partnership in which the          2,131        

corporation is a general partner; a general partner of the         2,132        

corporation; or a relative of a general partner, director,         2,133        

officer, or person in control of the corporation;                  2,134        

      (c)  If the person who claims an exemption is a              2,136        

partnership, a general partner in the partnership; a general       2,137        

partner of the partnership; a person in control of the             2,138        

partnership; a partnership in which the partnership is a general   2,139        

partner; or a relative in, a general partner of, or a person in    2,140        

control of the partnership;                                        2,141        

      (d)  An entity or person to which or whom any of the         2,143        

following applies:                                                 2,144        

      (i)  The entity directly or indirectly owns, controls, or    2,146        

holds with power to vote, twenty per cent or more of the           2,147        

outstanding voting securities of the person who claims an          2,148        

exemption, unless the entity holds the securities in a fiduciary   2,149        

or agency capacity without sole discretionary power to vote the    2,150        

securities or holds the securities solely to secure to debt and    2,151        

the entity has not in fact exercised the power to vote.            2,152        

      (ii)  The entity is a corporation, twenty per cent or more   2,154        

of whose outstanding voting securities are directly or indirectly  2,155        

owned, controlled, or held with power to vote, by the person who   2,156        

claims an exemption or by an entity to which division              2,157        

(B)(2)(d)(i) of this section applies.                              2,158        

                                                          50     


                                                                 
      (iii)  A person whose business is operated under a lease or  2,160        

operating agreement by the person who claims an exemption, or a    2,161        

person substantially all of whose business is operated under an    2,162        

operating agreement with the person who claims an exemption.       2,163        

      (iv)  The entity operates the business or all or             2,165        

substantially all of the property of the person who claims an      2,166        

exemption under a lease or operating agreement.                    2,167        

      (e)  An insider, as otherwise defined in this section, of a  2,169        

person or entity to which division (B)(2)(d)(i), (ii), (iii), or   2,170        

(iv) of this section applies, as if the person or entity were a    2,171        

person who claims an exemption;                                    2,172        

      (f)  A managing agent of the person who claims an            2,174        

exemption.                                                         2,175        

      (3)  "Participant account" has the same meaning as in        2,177        

section 145.71 of the Revised Code.                                2,178        

      (4)  "Government unit" has the same meaning as in section    2,180        

145.74 of the Revised Code.                                        2,181        

      (C)  For purposes of this section, "interest" shall be       2,183        

determined as follows:                                             2,184        

      (1)  In bankruptcy proceedings, as of the date a petition    2,186        

is filed with the bankruptcy court commencing a case under Title   2,187        

11 of the United States Code;                                      2,188        

      (2)  In all cases other than bankruptcy proceedings, as of   2,190        

the date of an appraisal, if necessary under section 2329.68 of    2,191        

the Revised Code, or the issuance of a writ of execution.          2,192        

      An interest, as determined under division (C)(1) or (2) of   2,194        

this section, shall not include the amount of any lien otherwise   2,195        

valid pursuant to section 2329.661 of the Revised Code.            2,196        

      Sec. 3305.01.  As used in this chapter:                      2,205        

      (A)  "Public institution of higher education" means a state  2,208        

university as defined in section 3345.011 of the Revised Code,     2,209        

the medical college of Ohio at Toledo, the northeastern Ohio       2,210        

universities college of medicine, or a university branch,          2,211        

technical college, state community college, community college, or  2,212        

                                                          51     


                                                                 
municipal university established or operating under Chapter        2,213        

3345., 3349., 3355., 3357., or 3358. of the Revised Code.          2,214        

      (B)  "State retirement system" means the public employees    2,217        

retirement system created under Chapter 145. of the Revised Code,  2,218        

the state teachers retirement system created under Chapter 3307.   2,220        

of the Revised Code, or the school employees retirement system     2,222        

created under Chapter 3309. of the Revised Code.                   2,223        

      (C)  "Academic or administrative employee" means any         2,226        

full-time employee who is a member of the faculty or               2,227        

administrative staff of a public institution of higher education   2,228        

serving in a position in the unclassified civil service pursuant   2,229        

to section 124.11 of the Revised Code and is not receiving any     2,230        

benefit, allowance, or other payment from a state retirement       2,231        

system.  In all cases of doubt, the board of trustees of the       2,232        

public institution of higher education shall determine whether     2,233        

any person is an academic or administrative employee for purposes  2,235        

of this chapter, and the board's decision shall be final.          2,236        

      (D)  "Electing employee" means any academic or               2,238        

administrative employee who elects, pursuant to section 3305.05    2,239        

of the Revised Code, to participate in an alternative retirement   2,240        

plan provided pursuant to this chapter.                                         

      (E)  An electing employee is "continuously employed" if no   2,242        

more than one year intervenes between each period of employment    2,244        

by a public institution of higher education in a position for      2,245        

which three or more alternative retirement plans are available     2,246        

under this chapter.                                                             

      (F)  "Compensation," for purposes of an electing employee,   2,248        

has the same meaning as the applicable one of the following:       2,249        

      (1)  If the electing employee would be subject to Chapter    2,251        

145. of the Revised Code had the employee not made an election     2,252        

pursuant to section 3305.05 of the Revised Code, "earnable         2,254        

salary" as defined in division (R) of section 145.01 of the                     

Revised Code;                                                      2,255        

      (2)  If the electing employee would be subject to Chapter    2,257        

                                                          52     


                                                                 
3307. of the Revised Code had the employee not made an election    2,258        

pursuant to section 3305.05 of the Revised Code, "compensation"    2,260        

as defined in division (U)(L) of section 3307.01 of the Revised    2,261        

Code;                                                              2,262        

      (3)  If the electing employee would be subject to Chapter    2,264        

3309. of the Revised Code had the employee not made an election    2,265        

pursuant to section 3305.05 of the Revised Code, "compensation"    2,267        

as defined in division (V) of section 3309.01 of the Revised                    

Code.                                                              2,268        

      Sec. 3305.06.  (A)  Each electing employee shall contribute  2,277        

an amount, which shall be a certain percentage of the employee's   2,278        

compensation, to the alternative retirement plan in which the      2,279        

employee participates.  This percentage shall be the percentage    2,280        

the electing employee would have otherwise been required to        2,281        

contribute to the state retirement system that applies to the                   

employee's position, except that the percentage shall not be less  2,282        

than three per cent.  Employee contributions under this division   2,283        

may be treated as employer contributions in accordance with        2,284        

Internal Revenue Code 414(h).                                      2,285        

      (B)  Each public institution of higher education employing   2,287        

an electing employee shall contribute an amount, which shall be a  2,288        

certain percentage of the employee's compensation, to the          2,289        

alternative retirement plan the employee has elected.  This        2,290        

percentage shall be determined by the board of trustees of the     2,291        

public institution.                                                             

      (C)(1)  In no event shall the amount contributed by the      2,294        

electing employee pursuant to division (A) of this section and on  2,295        

the electing employee's behalf pursuant to division (B) of this                 

section be less than the amount necessary to qualify the plan as   2,296        

a state retirement system pursuant to Internal Revenue Code        2,297        

3121(B)(7) and the regulations adopted thereunder.                 2,298        

      (2)  The full amount of the electing employee's              2,300        

contribution under division (A) of this section and the full       2,301        

amount of the employer's contribution made on behalf of that       2,302        

                                                          53     


                                                                 
employee under division (B) of this section shall be paid to the   2,303        

entity providing the employee's alternative retirement plan for    2,304        

application to that plan in accordance with any contract the       2,305        

electing employee has entered into for purposes of that plan.  In               

no event shall any benefits be paid under that plan prior to the   2,306        

time an electing employee ceases to be continuously employed.      2,307        

      (D)  An electing employee may make voluntary deposits to     2,309        

the employee's alternative retirement plan in addition to the      2,310        

employee contribution required under division (A) of this          2,312        

section.                                                                        

      (E)  Each public institution of higher education employing   2,314        

an electing employee shall contribute on behalf of that employee   2,315        

to the state retirement system that otherwise applies to the       2,316        

electing employee's position an amount equal to six per cent of    2,317        

the electing employee's compensation to mitigate any negative      2,318        

financial impact of the alternative retirement program on the      2,320        

state retirement system; provided that on the first day of July                 

following the first year after the department of insurance         2,322        

designates an alternative retirement plan under section 3305.03    2,323        

of the Revised Code and every third year thereafter, the Ohio                   

retirement study council shall cause an independent actuarial      2,326        

study to be completed and submitted to the Ohio board of regents.  2,327        

The study shall determine any adjustments in contributions                      

necessary to reflect any change in the level of the negative       2,328        

financial impact resulting from the establishment of the           2,329        

alternative retirement program.  The amount contributed to the     2,331        

state retirement system pursuant to this division shall be                      

increased or decreased to reflect the amount needed to mitigate    2,332        

the negative financial impact, if any, on the system, as           2,333        

determined by each actuarial study.  Any increase or decrease in   2,334        

contributions shall become effective on the first day of July in   2,335        

the year in which the actuarial study is completed.                2,336        

Contributions on behalf of an electing employee shall continue in  2,337        

accordance with this division until the occurrence of the          2,338        

                                                          54     


                                                                 
following:                                                                      

      (1)  If the electing employee would be subject to Chapter    2,340        

145. of the Revised Code had the employee not made an election     2,341        

pursuant to section 3305.05 of the Revised Code, until the         2,343        

unfunded actuarial accrued liability for all benefits, except      2,345        

health care benefits provided under section 145.325 or 145.58 of   2,346        

the Revised Code, is fully amortized, as determined by the annual  2,347        

actuarial valuation prepared under section 145.22 of the Revised   2,348        

Code;                                                                           

      (2)  If the electing employee would be subject to Chapter    2,350        

3307. of the Revised Code had the employee not made an election    2,351        

pursuant to section 3305.05 of the Revised Code, until the         2,352        

unfunded actuarial accrued liability for all benefits, except      2,353        

health care benefits provided under section 3307.405 3307.39 or    2,354        

3307.74 3307.61 of the Revised Code, is fully amortized, as        2,356        

determined by the annual actuarial valuation prepared under                     

section 3307.20 3307.51 of the Revised Code;                       2,357        

      (3)  If the electing employee would be subject to Chapter    2,359        

3309. of the Revised Code had the employee not made an election    2,360        

pursuant to section 3305.05 of the Revised Code, until the         2,361        

unfunded actuarial accrued liability for all benefits, except      2,362        

health care benefits provided under section 3309.375 or 3309.69    2,363        

of the Revised Code, is fully amortized, as determined by the      2,364        

annual actuarial valuation prepared under section 3309.21 of the   2,365        

Revised Code.                                                                   

      Sec. 3307.01.  As used in this chapter:                      2,374        

      (A)  "Employer" means the board of education, school         2,376        

district, governing authority of any community school established  2,377        

under Chapter 3314. of the Revised Code, college, university,      2,378        

institution, or other agency within the state by which a teacher   2,380        

is employed and paid.                                                           

      (B)  "Teacher" means any ALL OF THE FOLLOWING:               2,382        

      (1)  ANY person paid from public funds and employed in the   2,385        

public schools of the state under any type of contract described   2,386        

                                                          55     


                                                                 
in section 3319.08 of the Revised Code in a position for which     2,387        

the person is required to have a license issued pursuant to        2,389        

sections 3319.22 to 3319.31 of the Revised Code; any                            

      (2)  ANY person employed as a teacher by a community school  2,392        

pursuant to Chapter 3314. of the Revised Code; and any             2,394        

      (3)  ANY PERSON HOLDING AN INTERNSHIP CERTIFICATE ISSUED     2,397        

UNDER SECTION 3319.28 OF THE REVISED CODE AND EMPLOYED IN A        2,399        

PUBLIC SCHOOL IN THIS STATE;                                                    

      (4)  ANY PERSON HAVING A LICENSE ISSUED PURSUANT TO          2,402        

SECTIONS 3319.22 TO 3319.31 OF THE REVISED CODE AND EMPLOYED IN A  2,403        

PUBLIC SCHOOL IN THIS STATE IN AN EDUCATIONAL POSITION, AS         2,405        

DETERMINED BY THE STATE BOARD OF EDUCATION, UNDER PROGRAMS                      

PROVIDED FOR BY FEDERAL ACTS OR REGULATIONS AND FINANCED IN WHOLE  2,406        

OR IN PART FROM FEDERAL FUNDS, BUT FOR WHICH NO LICENSURE          2,407        

REQUIREMENTS FOR THE POSITION CAN BE MADE UNDER THE PROVISIONS OF  2,408        

SUCH FEDERAL ACTS OR REGULATIONS;                                               

      (5)  ANY other teacher or faculty member employed in any     2,410        

school, college, university, institution, or other agency wholly   2,412        

controlled and managed, and supported in whole or in part, by the  2,413        

state or any political subdivision thereof, including Central      2,414        

state university, Cleveland state university, the university of    2,415        

Toledo, and the medical college of Ohio at Toledo.;                2,416        

      (6)  The educational employees of the department of          2,419        

education, as determined by the state superintendent of public     2,420        

instruction, shall be considered teachers for the purpose of       2,421        

membership in this system.  In                                     2,422        

      IN all cases of doubt, the state teachers retirement board   2,425        

shall determine whether any person is a teacher, and its decision  2,426        

shall be final.                                                                 

      "Teacher" does not include any academic or administrative    2,428        

employee of a public institution of higher education, as defined   2,429        

in section 3305.01 of the Revised Code, who participates in an     2,430        

alternative retirement plan established under Chapter 3305. of     2,431        

the Revised Code.                                                               

                                                          56     


                                                                 
      (C)  "Prior service" means all service as a teacher before   2,433        

September 1, 1920, military service credit, all service prior to   2,434        

September 1, 1920, as an employee of any employer who comes        2,435        

within the public employees retirement system, the school          2,436        

employees retirement system, or any other state retirement system  2,437        

established under the laws of Ohio, and similar service in         2,438        

another state, credit for which was procured by a member under     2,439        

section 3307.33 of the Revised Code, prior to June 25, 1945.       2,440        

Prior service credit shall not be granted to any member for        2,441        

service for which credit or benefits have been received in any     2,442        

other state retirement system in Ohio or for credit that was       2,443        

forfeited by withdrawal of contributions, unless the credit has    2,444        

been restored.  If the teacher served as an employee in any two    2,445        

or all of the capacities, "prior service" means the total          2,446        

combined service in the capacities prior to September 1, 1920.     2,447        

      If a teacher who has been granted prior service credit for   2,449        

service rendered prior to September 1, 1920, as an employee of an  2,450        

employer who comes within the public employees retirement system   2,451        

or the school employees retirement system, establishes,            2,452        

subsequent to September 16, 1957, and before retirement, three     2,453        

years of contributing service in the public employees retirement   2,454        

system, or one year in the school employees retirement system,     2,455        

the prior service credit granted shall become, at retirement, the  2,457        

liability of the other system if the prior service or employment   2,459        

was in a capacity covered by that system.                                       

      (D)  "Total service," "total service credit," except as      2,461        

provided in section 3307.41 of the Revised Code, or "Ohio service  2,462        

credit" means all service of a member of the state teachers        2,463        

retirement system since last becoming a member and, in addition    2,464        

thereto, restored service credit under section 3307.28 of the      2,465        

Revised Code, all prior service credit, all military service       2,467        

credit computed as provided in this chapter, and all other         2,468        

service credit established under sections 3307.22, 3307.31,        2,469        

3307.311, 3307.32, 3307.35, 3307.411, 3307.412, 3307.51,           2,471        

                                                          57     


                                                                 
3307.512, 3307.513, 3307.514, 3307.515, and 3307.73 and former     2,473        

section 3307.52 of the Revised Code, and Section 3 of Amended      2,474        

Substitute Senate Bill No. 530 of the 114th general assembly.      2,475        

All service credit purchased under section 3307.33 of the Revised  2,476        

Code shall be used exclusively for the purpose of qualifying for   2,477        

service retirement.                                                2,478        

      (E)  "Member" means any person included in the membership    2,480        

of the state teachers retirement system, which shall consist of    2,481        

all teachers and contributors as defined in divisions (B) and      2,483        

(F)(D) of this section and all disability benefit recipients, AS   2,484        

DEFINED IN SECTION 3307.50 OF THE REVISED CODE.  However, for      2,486        

purposes of this chapter, the following persons shall not be                    

considered members:                                                2,487        

      (1)  A student, intern, or resident who is not a member      2,489        

while employed part-time by a school, college, or university at    2,491        

which the student, intern, or resident is regularly attending      2,492        

classes;                                                                        

      (2)  A person denied membership pursuant to section 3307.27  2,494        

3307.24 of the Revised Code;                                       2,496        

      (3)  A superannuate or AN other system retirant, as defined  2,499        

in section 3307.381 3307.35 of the Revised Code, OR A              2,500        

SUPERANNUATE;                                                      2,501        

      (4)  An individual employed in a program established         2,503        

pursuant to the "Job Training Partnership Act," 96 Stat. 1322      2,504        

(1982), 29 U.S.C.A. 1501.                                          2,505        

      (F)(D)  "Contributor" means any person who has an account    2,507        

in the teachers' savings fund OR DEFINED CONTRIBUTION FUND.        2,508        

      (G)(E)  "Beneficiary" means any person eligible to receive,  2,510        

or in receipt of, a retirement allowance or other benefit          2,512        

provided by this chapter.                                          2,513        

      (H)(1)  "Service retirement" means retirement as provided    2,515        

in section 3307.38 or 3307.39 of the Revised Code.                 2,516        

      (2)  "Disability retirement" means retirement as provided    2,518        

in section 3307.43 of the Revised Code.                            2,519        

                                                          58     


                                                                 
      (I)  "Accumulated contributions" means the sum of all        2,521        

amounts credited to a contributor's individual account in the      2,522        

teachers' savings fund, together with interest credited thereon    2,523        

at the rates approved by the state teachers retirement board       2,524        

prior to retirement.                                               2,525        

      (J)  "Annuity" means payments for life derived from          2,527        

contributions made by a contributor and paid from the annuity and  2,528        

pension reserve fund.  All annuities shall be paid in twelve       2,529        

equal monthly installments.                                        2,530        

      (K)  "Pensions" means annual payments for life derived from  2,532        

appropriations made by an employer and paid from the annuity and   2,533        

pension reserve fund.  All pensions shall be paid in twelve equal  2,534        

monthly installments.                                              2,535        

      (L)(1)  "Allowance" or "benefit" means the pension plus the  2,537        

annuity, or any other payment under this chapter, and includes a   2,538        

disability allowance or disability benefit.                        2,539        

      (2)  "Disability allowance" means an allowance paid on       2,541        

account of disability under section 3307.431 of the Revised Code.  2,542        

      (3)  "Disability benefit" means a benefit paid as            2,544        

disability retirement under section 3307.43 of the Revised Code,   2,545        

as a disability allowance under section 3307.431 of the Revised    2,546        

Code, or as a disability benefit under section 3307.41 of the      2,547        

Revised Code.                                                      2,548        

      (M)  "Annuity reserve" means the present value, computed     2,550        

upon the basis of mortality tables adopted by the state teachers   2,551        

retirement board with interest, of all payments to be made on      2,552        

account of any annuity, or benefit in lieu of any annuity,         2,553        

granted to a member.                                               2,554        

      (N)  "Pension reserve" means the present value, computed     2,556        

upon the basis of mortality tables adopted by the state teachers   2,557        

retirement board with interest, of all payments to be made on      2,558        

account of any pension, or benefit in lieu of any pension,         2,559        

granted to a member or to a beneficiary.                           2,560        

      (O)(F)  "Year" means the year beginning the first day of     2,562        

                                                          59     


                                                                 
July and ending with the thirtieth day of June next following,     2,563        

except that for the purpose of determining final average salary    2,564        

UNDER THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE     2,565        

REVISED CODE, "year" may mean the contract year.                   2,567        

      (P)(G)  "Local district pension system" means any school     2,569        

teachers pension fund created in any school district of the state  2,570        

in accordance with the laws of the state prior to September 1,     2,571        

1920.                                                              2,572        

      (Q)(H)  "Employer contribution" means the amount paid by an  2,574        

employer, as determined by the employer rate, including the        2,575        

normal and deficiency rates, contributions, and funds wherever     2,576        

used in this chapter.                                              2,577        

      (R)(I)  "Five years of service credit," for the exclusive    2,580        

purpose of satisfying the service credit requirements and          2,581        

determining eligibility for benefits under section 3307.38 of the  2,582        

Revised Code, means employment covered under this chapter and      2,583        

employment covered under a former retirement plan operated,        2,584        

recognized, or endorsed by a college, institute, university, or    2,585        

political subdivision of this state prior to coverage under this   2,586        

chapter.                                                           2,587        

      (S)(J)  "Actuary" means the actuarial consultant to the      2,589        

state teachers retirement board, who shall be either of the        2,590        

following:                                                                      

      (1)  A member of the American academy of actuaries;          2,592        

      (2)  A firm, partnership, or corporation of which at least   2,594        

one person is a member of the American academy of actuaries.       2,595        

      (T)(K)  "Fiduciary" means a person who does any of the       2,597        

following:                                                         2,598        

      (1)  Exercises any discretionary authority or control with   2,600        

respect to the management of the system, or with respect to the    2,601        

management or disposition of its assets;                           2,602        

      (2)  Renders investment advice for a fee, direct or          2,604        

indirect, with respect to money or property of the system;         2,605        

      (3)  Has any discretionary authority or responsibility in    2,607        

                                                          60     


                                                                 
the administration of the system.                                  2,608        

      (U)(L)(1)  Except as otherwise provided in this division,    2,611        

"compensation" means all salary, wages, and other earnings paid    2,612        

to a teacher by reason of the teacher's employment, including      2,613        

compensation paid pursuant to a supplemental contract.  The        2,614        

salary, wages, and other earnings shall be determined prior to     2,615        

determination of the amount required to be contributed to the      2,616        

teachers' savings fund OR DEFINED CONTRIBUTION FUND under section  2,617        

3307.51 3307.26 of the Revised Code and without regard to whether  2,620        

any of the salary, wages, or other earnings are treated as         2,621        

deferred income for federal income tax purposes.                                

      (2)  Compensation does not include any of the following:     2,623        

      (a)  Payments for accrued but unused sick leave or personal  2,625        

leave, including payments made under a plan established pursuant   2,626        

to section 124.39 of the Revised Code or any other plan            2,627        

established by the employer;                                       2,628        

      (b)  Payments made for accrued but unused vacation leave,    2,630        

including payments made pursuant to section 124.13 of the Revised  2,631        

Code or a plan established by the employer;                        2,632        

      (c)  Payments made for vacation pay covering concurrent      2,634        

periods for which other salary, compensation, or benefits under    2,635        

this chapter are paid;                                             2,636        

      (d)  Amounts paid by the employer to provide life            2,638        

insurance, sickness, accident, endowment, health, medical,         2,639        

hospital, dental, or surgical coverage, or other insurance for     2,640        

the teacher or the teacher's family, or amounts paid by the        2,641        

employer to the teacher in lieu of providing the insurance;        2,642        

      (e)  Incidental benefits, including lodging, food, laundry,  2,644        

parking, or services furnished by the employer, use of the         2,645        

employer's property or equipment, and reimbursement for            2,646        

job-related expenses authorized by the employer, including moving  2,647        

and travel expenses and expenses related to professional           2,648        

development;                                                       2,649        

      (f)  Payments made by the employer in exchange for a         2,651        

                                                          61     


                                                                 
member's waiver of a right to receive any payment, amount, or      2,652        

benefit described in division (U)(L)(2) of this section;           2,653        

      (g)  Payments by the employer for services not actually      2,655        

rendered;                                                          2,656        

      (h)  Any amount paid by the employer as a retroactive        2,658        

increase in salary, wages, or other earnings, unless the increase  2,659        

is one of the following:                                           2,660        

      (i)  A retroactive increase paid to a member employed by a   2,662        

school district board of education in a position that requires a   2,663        

license designated for teaching and not designated for being an    2,664        

administrator issued under section 3319.22 of the Revised Code     2,665        

that is paid in accordance with uniform criteria applicable to     2,666        

all members employed by the board in positions requiring the       2,667        

licenses;                                                          2,668        

      (ii)  A retroactive increase paid to a member employed by a  2,670        

school district board of education in a position that requires a   2,671        

license designated for being an administrator issued under         2,672        

section 3319.22 of the Revised Code that is paid in accordance     2,673        

with uniform criteria applicable to all members employed by the    2,674        

board in positions requiring the licenses;                         2,675        

      (iii)  A retroactive increase paid to a member employed by   2,677        

a school district board of education as a superintendent that is   2,678        

also paid as described in division (U)(L)(2)(h)(i) of this         2,679        

section;                                                           2,680        

      (iv)  A retroactive increase paid to a member employed by    2,682        

an employer other than a school district board of education in     2,683        

accordance with uniform criteria applicable to all members         2,684        

employed by the employer.                                          2,685        

      (i)  Payments made to or on behalf of a teacher that are in  2,687        

excess of the annual compensation that may be taken into account   2,688        

by the retirement system under division (a)(17) of section 401 of  2,689        

the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.   2,690        

401(a)(17), as amended.  For a teacher who first establishes       2,691        

membership before July 1, 1996, the annual compensation that may   2,692        

                                                          62     


                                                                 
be taken into account by the retirement system shall be            2,693        

determined under division (d)(3) of section 13212 of the "Omnibus  2,694        

Budget Reconciliation Act of 1993," Pub. L. No. 103-66, 107 Stat.  2,696        

472.                                                                            

      (j)  Payments made under division (B) or (D) of section      2,698        

5923.05 of the Revised Code or Section 4 of Substitute Senate      2,700        

Bill No. 3 of the 119th general assembly;                          2,701        

      (k)  Anything of value received by the teacher that is       2,703        

based on or attributable to retirement or an agreement to retire.  2,704        

      (3)  The retirement board shall determine by rule both of    2,706        

the following:                                                     2,707        

      (a)  Whether particular forms of earnings are included in    2,709        

any of the categories enumerated in this division;                 2,710        

      (b)  Whether any form of earnings not enumerated in this     2,712        

division is to be included in compensation.                        2,713        

      Decisions of the board made under this division shall be     2,715        

final.                                                             2,716        

      (V)  "Retirant" means any former member who is granted age   2,718        

and service retirement as provided in sections 3307.38, 3307.39,   2,719        

3307.41, and 3307.50 of the Revised Code.                          2,720        

      (W)  "Disability benefit recipient" means a member who is    2,722        

receiving a disability benefit.                                    2,723        

      (M)  "SUPERANNUATE" MEANS BOTH OF THE FOLLOWING:             2,725        

      (1)  A FORMER TEACHER RECEIVING FROM THE SYSTEM A            2,727        

RETIREMENT ALLOWANCE UNDER SECTION 3307.58 OR 3307.59 OF THE       2,728        

REVISED CODE;                                                      2,729        

      (2)  A FORMER TEACHER RECEIVING ANY BENEFIT FROM THE SYSTEM  2,731        

UNDER A PLAN ESTABLISHED UNDER SECTION 3307.81 OF THE REVISED      2,733        

CODE.                                                                           

      FOR PURPOSES OF SECTION 3307.35 OF THE REVISED CODE,         2,735        

"SUPERANNUATE" ALSO MEANS A FORMER TEACHER RECEIVING FROM THE      2,736        

SYSTEM A COMBINED SERVICE RETIREMENT BENEFIT PAID IN ACCORDANCE    2,737        

WITH SECTION 3307.57 OF THE REVISED CODE, REGARDLESS OF WHICH      2,738        

RETIREMENT SYSTEM IS PAYING THE BENEFIT.                           2,739        

                                                          63     


                                                                 
      Sec. 3307.031.  THE STATE TEACHERS RETIREMENT SYSTEM SHALL   2,742        

CONSIST OF THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 AND   2,743        

THE ONE OR MORE PLANS ESTABLISHED UNDER SECTION 3307.81 OF THE     2,746        

REVISED CODE.                                                                   

      Sec. 3307.05.  The state teachers retirement board shall     2,755        

consist of the following nine members:                             2,756        

      (A)  The superintendent of public instruction;               2,758        

      (B)  The auditor of state;                                   2,760        

      (C)  The attorney general;                                   2,762        

      (D)  Five members, known as teacher members, who shall be    2,764        

members of the state teachers retirement system;                   2,765        

      (E)  A former member of the system, known as the retired     2,767        

teacher member, who shall be a recipient of service retirement     2,768        

benefits under section 3307.38 or 3307.39 of the Revised Code      2,769        

SUPERANNUATE.                                                                   

      Sec. 3307.07.  All elections of members of the state         2,778        

teachers retirement board shall be held under the direction of     2,779        

the board.  Any member of the state teachers retirement system,    2,780        

who has been nominated by a petition signed by five hundred or     2,781        

more members of the system, shall be eligible for election as a    2,782        

teacher member of the board.  The petition shall contain the       2,783        

signatures of twenty or more members of the system from each of    2,784        

at least ten counties wherein members of the system are employed.  2,785        

      Any retired teacher who is a recipient of service            2,787        

retirement benefits under section 3307.38 or 3307.39 of the        2,788        

Revised Code SUPERANNUATE and is a resident of Ohio is eligible    2,790        

for election as the retired teacher member of the board, if such   2,791        

retired teacher has been nominated by a petition signed by five    2,792        

hundred or more retired teachers, who are also recipients of       2,793        

benefits under section 3307.38 or 3307.39 of the Revised Code      2,794        

SUPERANNUATES.  The petition shall contain the signatures of       2,796        

twenty or more retired teachers from each of at least ten          2,797        

counties wherein retirants SUPERANNUATES under the system reside.  2,799        

      The board shall place the name of any eligible candidate     2,801        

                                                          64     


                                                                 
upon the appropriate ballot as a regular candidate.  At any        2,802        

election, qualified voters, as defined in this section, may vote   2,803        

for the regular candidates or for other eligible candidates, in    2,804        

which case the names of such persons shall be written upon the     2,805        

appropriate ballots, except that members of the system and former  2,806        

members of the system who are recipients of service retirement     2,807        

benefits under section 3307.38 or 3307.39 of the Revised Code      2,808        

SUPERANNUATES shall vote respectively for teacher members and the  2,810        

retired teacher member of the board.  The candidate who receives   2,811        

the highest number of votes for any term of office shall be        2,812        

elected to the board.  If, at any election, teacher members are    2,813        

to be elected for concurrent terms, eligible candidates shall be   2,814        

placed on the ballot, and the candidates who receive the highest   2,815        

numbers of votes shall be elected to the board.                    2,816        

      Elected members of the board shall be elected on the basis   2,818        

of the total number of ballots cast by qualified voters, who       2,819        

shall consist of members of the system and former members of the   2,820        

system who are recipients of service retirement benefits under     2,821        

section 3307.38 or 3307.39 of the Revised Code SUPERANNUATES.      2,822        

      Sec. 3307.08.  Each member of the state teachers retirement  2,831        

board upon appointment or election shall take an oath of office    2,832        

that he THE MEMBER will support the constitution of the United     2,834        

States, the constitution of the state, and that he THE MEMBER      2,835        

will diligently and honestly administer the affairs of the said    2,836        

board, and that he THE MEMBER will not knowingly violate or        2,838        

willfully permit to be violated any law applicable to sections     2,840        

3307.01 to 3307.72, inclusive, of the Revised Code THIS CHAPTER.   2,841        

Such oath shall be subscribed to by the member making it, and      2,842        

certified by the officer before whom it is taken, and shall be     2,843        

immediately filed in the office of the secretary of state.         2,844        

      Sec. 3307.09.  A majority of the members of the state        2,853        

teachers retirement board constitutes a quorum for the             2,854        

transaction of any business.  All meetings of the board shall be   2,855        

open to the public except executive sessions as set forth in       2,856        

                                                          65     


                                                                 
division (G) of section 121.22 of the Revised Code, and any                     

portions of any sessions discussing medical records or the degree  2,857        

of disability of a member excluded from public inspection by       2,858        

section 3307.21 3307.20 of the Revised Code.                       2,859        

      Sec. 3307.10.  (A)  The members of the state teachers        2,868        

retirement board shall serve without compensation, except that     2,869        

members shall be reimbursed from the expense fund for all actual   2,870        

necessary expenses incurred while serving on the board.            2,871        

      (B)  The board may secure insurance coverage designed to     2,873        

indemnify board members and employees for their actions or         2,874        

conduct in the performance of official duties, and may pay         2,875        

required premiums for such coverage from the expense fund.         2,876        

      (C)  If the officers of the board determine that a meeting   2,878        

of the entire membership, or any part thereof, is necessary, such  2,879        

determination shall be final, and teacher members shall be given   2,880        

time off from their employment to attend any such meeting.  The    2,881        

employer of a teacher member shall not reduce the member's earned  2,882        

compensation as a teacher or any contribution required under       2,883        

section 3307.51 3307.26 of the Revised Code, because of the        2,884        

teacher member's absence from employment to attend any such        2,885        

meeting.                                                                        

      The portion of the employer contribution required under      2,887        

section 3307.53 3307.28 of the Revised Code that represents        2,889        

earned compensation of a teacher member paid for the period of an  2,890        

absence from employment to attend a board meeting, shall be                     

annually transferred from the expense fund and forwarded to the    2,891        

employer of the teacher member.                                    2,892        

      (D)  The board shall adopt rules in accordance with section  2,895        

111.15 of the Revised Code establishing a policy for               2,897        

reimbursement of travel expenses incurred by board members in the  2,899        

performance of their official duties.  As part of any audit                     

performed under Chapter 117. of the Revised Code, an inquiry       2,902        

shall be made into whether board members have complied with these  2,903        

rules.                                                                          

                                                          66     


                                                                 
      (E)  No board member shall accept payment or reimbursement   2,906        

for travel expenses, other than for meals and other food and       2,907        

beverages provided to the member, from any source other than the   2,908        

expense fund.  Except in the case of an emergency, no              2,909        

out-of-state travel expenses shall be reimbursed unless approved   2,910        

in advance by a majority of the board at a regular board meeting.  2,911        

      Sec. 3307.11.  The state teachers retirement board shall     2,920        

elect from its membership, a chairman CHAIRPERSON and a vice       2,921        

chairman VICE-CHAIRPERSON.  The board shall employ an executive    2,923        

director who shall serve as secretary, and shall employ other      2,924        

persons necessary to operate the system and to fulfill the         2,925        

board's duties and responsibilities under Chapter 3307. of the     2,926        

Revised Code.  The compensation of all employees and all other     2,927        

expenses of the board necessary for the proper operation of the    2,928        

system shall be paid in such amounts as the board approves.        2,929        

      Every expense voucher of an employee, officer, or board      2,931        

member of the state teachers retirement system shall itemize all   2,932        

purchases and expenditures.                                        2,933        

      The board shall receive all applications for retirement      2,935        

UNDER THE PLANS DESCRIBED IN SECTION 3307.031 OF THE REVISED       2,936        

CODE, shall provide for the payment of all retirement allowances   2,937        

and other benefits PAYABLE UNDER THIS CHAPTER, and shall make      2,938        

other EXPENDITURES authorized by Chapter 3307. of the Revised      2,939        

Code THIS CHAPTER.                                                 2,940        

      Sec. 3307.121.  THE TREASURER OF STATE SHALL FURNISH         2,942        

ANNUALLY TO THE STATE TEACHERS RETIREMENT BOARD A SWORN STATEMENT  2,943        

OF THE AMOUNT OF THE FUNDS IN THE TREASURER OF STATE'S CUSTODY     2,944        

BELONGING TO THE STATE TEACHERS RETIREMENT SYSTEM.                 2,945        

      Sec. 3307.65 3307.14.  The state teachers retirement board   2,954        

shall be the trustee of certain funds hereby created as follows:   2,955        

      (A)  The "teachers' savings fund" is the fund in which       2,957        

shall be accumulated the contributions deducted from the           2,958        

compensation of teachers and faculty members PARTICIPATING IN THE  2,959        

PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED       2,960        

                                                          67     


                                                                 
CODE, as provided by section 3307.51 3307.26 of the Revised Code,  2,961        

together with the interest credited thereon.  Such accumulated     2,963        

contributions refunded upon withdrawal, or payable to an estate    2,964        

or beneficiary as provided in this chapter, shall be paid from     2,965        

this fund.  Any accumulated contributions forfeited by the         2,966        

failure of a contributor, an estate, or a beneficiary to claim     2,967        

the same shall be transferred from this fund to the guarantee      2,968        

fund.  The accumulated contributions of a member or of a teacher   2,969        

who qualifies for a benefit under section 3307.381 3307.35 of the  2,970        

Revised Code shall be transferred at his THE MEMBER'S OR           2,972        

TEACHER'S retirement from the teachers' savings fund to the        2,974        

annuity and pension reserve fund.  The accumulated contributions   2,975        

of a member who dies prior to superannuation retirement that are   2,976        

forfeited by the qualified beneficiary in exchange for monthly     2,977        

survivor benefits, as provided by section 3307.49 3307.66 of the   2,978        

Revised Code, shall be transferred to the survivors' benefit       2,980        

fund.  The accumulated contributions of a superannuate or other    2,981        

system retirant as defined in section 3307.381 3307.35 of the      2,982        

Revised Code shall be transferred to the survivors' benefit fund   2,984        

for payment of a lump-sum benefit to a beneficiary as provided in  2,985        

THAT section 3307.381 of the Revised Code.  AS USED IN THIS        2,986        

DIVISION, "ACCUMULATED CONTRIBUTIONS" HAS THE SAME MEANING AS IN   2,987        

SECTION 3307.50 OF THE REVISED CODE.                                            

      (B)  The "employers' trust fund" is the fund to which the    2,989        

employer contribution MADE ON BEHALF OF A TEACHER PARTICIPATING    2,990        

IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE        2,991        

REVISED CODE shall be credited and in which shall be accumulated   2,993        

the reserves held in trust for the payment of all pensions or      2,994        

other benefits provided by sections 3307.38 3307.35, 3307.381      2,996        

3307.58, 3307.39 3307.59, 3307.43 3307.60, 3307.431 3307.63,       2,997        

3307.49 3307.631, 3307.50 3307.66, 3307.70 3307.6912, and 3307.78  3,000        

3307.98 of the Revised Code, to teachers retiring or receiving     3,002        

disability benefits in the future or to their qualified                         

beneficiaries, and from which the reserves for such pensions and   3,003        

                                                          68     


                                                                 
other benefits shall be transferred to the annuity and pension     3,004        

reserve fund and to the survivors' benefit fund.  The balances as  3,005        

of August 31, 1957, in the employers accumulation fund shall be    3,006        

transferred to this fund.  As of September 1, 1957, an additional  3,007        

amount shall be transferred from the employers' trust fund to the  3,008        

annuity and pension reserve fund in the amount required to         3,009        

complete the funding of the prior service, AS DEFINED IN SECTION   3,010        

3307.50 OF THE REVISED CODE, and military service pensions then    3,012        

payable.                                                                        

      (C)  The "annuity and pension reserve fund" is the fund      3,014        

from which shall be paid all annuities, pensions, and disability   3,015        

benefits UNDER THE PLAN DESCRIBED IN SECTION 3307.50 TO 3307.79    3,016        

OF THE REVISED CODE for which reserves have been transferred from  3,017        

the teachers' savings fund and the employers' trust fund.          3,018        

      (D)  The "survivors' benefit fund" is the fund from which    3,020        

shall be paid the survivors' benefits provided by section 3307.49  3,021        

3307.66 of the Revised Code and the lump sum payment to            3,023        

beneficiaries as provided in section 3307.381 3307.35 of the       3,024        

Revised Code, and to which shall be transferred from the           3,026        

employers' trust fund the amount required to fund all liabilities  3,027        

as of the end of each year.                                                     

      (E)  The "guarantee fund" is the fund from which interest    3,029        

is transferred and credited on the amounts in the funds described  3,030        

in divisions (A), (B), (C), and (D) of this section, and is a      3,031        

contingent fund from which the special requirements of said funds  3,032        

may be paid by transfer from this fund.  All income derived from   3,033        

the investment of funds by the state teachers retirement board as  3,034        

trustee under section 3307.15 of the Revised Code, together with   3,035        

all gifts and bequests, or the income therefrom, shall be paid     3,036        

into this fund.                                                    3,037        

      Any deficit occurring in any other fund that will not be     3,039        

covered by payments to that fund, as otherwise provided in this    3,040        

chapter, shall be paid by transfers of amounts from the guarantee  3,041        

fund to such fund or funds.  Should the amount in the guarantee    3,042        

                                                          69     


                                                                 
fund be insufficient at any time to meet the amounts payable       3,043        

therefrom, the amount of such deficiency, with regular interest,   3,044        

shall be paid by an additional employer rate of contribution as    3,045        

determined by the actuary and shall be approved by the state       3,046        

teachers retirement board, and the amount of such additional       3,047        

employer contribution shall be credited to the guarantee fund.     3,048        

      The state teachers retirement board may accept gifts and     3,050        

bequests.  Any funds that may come into the possession of the      3,051        

state teachers retirement board in this manner or that may be      3,052        

transferred from the teachers' savings fund by reason of lack of   3,053        

a claimant, or any surplus in any fund created by IN DIVISIONS     3,055        

(A) TO (F) OF this section, or any other funds whose disposition   3,056        

is not otherwise provided for, shall be credited to the guarantee  3,057        

fund.                                                                           

      (F)  The expense fund is the fund from which shall be paid   3,059        

the expenses for the administration and management of the state    3,060        

teachers retirement system as provided by this chapter.            3,061        

      (G)  THE "DEFINED CONTRIBUTION FUND" IS THE FUND IN WHICH    3,063        

SHALL BE ACCUMULATED THE CONTRIBUTIONS DEDUCTED FROM THE           3,064        

COMPENSATION OF TEACHERS PARTICIPATING IN A PLAN ESTABLISHED       3,065        

UNDER SECTION 3307.81 OF THE REVISED CODE, AS PROVIDED IN SECTION  3,067        

3307.26 OF THE REVISED CODE, TOGETHER WITH ANY EARNINGS AND        3,069        

EMPLOYER CONTRIBUTIONS CREDITED THEREON.                                        

      Sec. 3307.66 3307.141.  Wherever in sections 3307.01 to      3,078        

3307.72, inclusive, of the Revised Code THIS CHAPTER, reference    3,080        

is made to the teachers' savings fund, the employers' normal       3,082        

accumulation fund, the employers' deficiency accumulation TRUST    3,083        

fund, the annuity and pension reserve fund, the guarantee fund,    3,084        

the survivors' benefit fund, or the expense fund, OR THE DEFINED   3,085        

CONTRIBUTION FUND, such reference shall be construed to have been  3,086        

made to each as a separate legal entity.  This section does not    3,087        

prevent the deposit or investment of all such moneys intermingled  3,088        

for such purpose but such funds shall be separate and distinct     3,089        

legal entities for all other purposes.                                          

                                                          70     


                                                                 
      Sec. 3307.651 3307.142.  (A)  Interest compounded annually   3,099        

shall be credited to the accounts of members PARTICIPATING IN THE  3,100        

PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE  3,101        

and to the various funds LISTED IN DIVISIONS (A) TO (F) OF         3,102        

SECTION 3307.14 OF THE REVISED CODE, and shall be assumed in                    

determining actuarial factors, at rates recommended by the         3,104        

actuary and approved by the STATE TEACHERS retirement board, but   3,105        

not less than three and twenty-five hundredths per cent effective  3,107        

September 1, 1965, except as follows:                                           

      (1)  For the years stated the rates shall be as follows:     3,109        

                    Years                   Rates                  3,111        

              9-1-1920/8-31-1955            4.00%                  3,112        

              9-1-1955/8-31-1963            3.00                   3,113        

              9-1-1963/8-31-1965            3.25                   3,114        

      (2)  Subsequent to August 31, 1959, interest shall be        3,117        

credited to accounts only at retirement.                           3,119        

      (3)  If the amount of the account at retirement is not a     3,121        

factor in determining the allowance, interest shall not be         3,122        

credited to such account after September 1, 1964.                  3,123        

      (4)  The actuary shall estimate the amount of interest       3,125        

reserve required in the teachers savings fund for credit to        3,126        

accounts when interest is to be a factor in determining the        3,127        

allowance, and the balance of the interest reserve in such fund    3,128        

shall be transferred to the employers trust fund as of September                

1, 1965.                                                                        

      (B)  INTEREST SHALL BE CREDITED TO THE ACCOUNTS OF MEMBERS   3,130        

PARTICIPATING IN A PLAN ESTABLISHED UNDER SECTION 3307.81 OF THE   3,131        

REVISED CODE AND TO THE DEFINED CONTRIBUTION FUND IN ACCORDANCE    3,132        

WITH THAT PLAN.                                                                 

      Sec. 3307.15.  (A)  The members of the state teachers        3,141        

retirement board shall be the trustees of the funds created by     3,142        

section 3307.65 3307.14 of the Revised Code.  The board shall      3,143        

have full power to invest the funds.  The board and other          3,145        

fiduciaries shall discharge their duties with respect to the       3,146        

                                                          71     


                                                                 
funds solely in the interest of the participants and               3,147        

beneficiaries; for the exclusive purpose of providing benefits to  3,148        

participants and their beneficiaries and defraying reasonable      3,149        

expenses of administering the system; with care, skill, prudence,  3,150        

and diligence under the circumstances then prevailing that a       3,151        

prudent person acting in a like capacity and familiar with these   3,152        

matters would use in the conduct of an enterprise of a like        3,154        

character and with like aims; and by diversifying the investments  3,155        

of the system so as to minimize the risk of large losses, unless   3,156        

under the circumstances it is clearly prudent not to do so.        3,157        

      To facilitate investment of the funds, the board may         3,159        

establish a partnership, trust, limited liability company,         3,160        

corporation, including a corporation exempt from taxation under    3,161        

the Internal Revenue Code, 100 Stat. 2085, 26 U.S.C. 1, as         3,163        

amended, or any other legal entity authorized to transact                       

business in this state.                                            3,164        

      (B)  In exercising its fiduciary responsibility with         3,166        

respect to the investment of the funds, it shall be the intent of  3,167        

the board to give consideration to investments that enhance the    3,168        

general welfare of the state and its citizens where the            3,169        

investments offer quality, return, and safety comparable to other  3,171        

investments currently available to the board.  In fulfilling this  3,172        

intent, equal consideration shall also be given to investments     3,173        

otherwise qualifying under this section that involve minority      3,174        

owned and controlled firms and firms owned and controlled by       3,175        

women, either alone or in joint venture with other firms.          3,176        

      The board shall adopt, in regular meeting, policies,         3,178        

objectives, or criteria for the operation of the investment        3,179        

program that include asset allocation targets and ranges, risk     3,180        

factors, asset class benchmarks, time horizons, total return       3,181        

objectives, and performance evaluation guidelines.  In adopting    3,183        

policies and criteria for the selection of agents with whom the    3,184        

board may contract for the administration of the funds, the board  3,185        

shall give equal consideration to minority owned and controlled    3,186        

                                                          72     


                                                                 
firms, firms owned and controlled by women, and ventures           3,187        

involving minority owned and controlled firms and firms owned and  3,188        

controlled by women that otherwise meet the policies and criteria  3,189        

established by the board.  Amendments and additions to the         3,190        

policies and criteria shall be adopted in regular meeting.  The    3,191        

board shall publish its policies, objectives, and criteria under   3,192        

this provision no less often than annually and shall make copies   3,194        

available to interested parties.                                                

      When reporting on the performance of investments, the board  3,196        

shall comply with the performance presentation standards           3,197        

established by the association for investment management and       3,198        

research.                                                                       

      (C)  All bonds, notes, certificates, stocks, or other        3,201        

evidences of investments purchased by the board shall be           3,203        

delivered to the treasurer of state, who is hereby designated as   3,204        

custodian thereof, or to the treasurer of state's authorized       3,205        

agent, and the treasurer of state or the agent shall collect the   3,207        

principal, interest, dividends, and distributions that become due  3,210        

and payable and place them when so collected into the custodial    3,211        

funds.  Evidences of title of the investments may be deposited by  3,213        

the treasurer of state for safekeeping with an authorized agent,   3,214        

selected by the treasurer of state, who is a qualified trustee     3,215        

under section 135.18 of the Revised Code.  The treasurer of state  3,216        

shall pay for the investments purchased by the retirement board    3,219        

on receipt of written or electronic instructions from the board    3,221        

or the board's designated agent authorizing the purchase and       3,223        

pending receipt of the evidence of title of the investment by the               

treasurer of state or the treasurer of state's authorized agent.   3,224        

The board may sell investments held by the board, and the          3,225        

treasurer of state or the treasurer of state's authorized agent    3,226        

shall accept payment from the purchaser and deliver evidence of    3,227        

title of the investment to the purchaser on receipt of written or  3,228        

electronic instructions from the board or the board's designated                

agent authorizing the sale, and pending receipt of the moneys for  3,231        

                                                          73     


                                                                 
the investments.  The amount received shall be placed into the     3,233        

custodial funds.  The board and the treasurer of state may enter   3,234        

into agreements to establish procedures for the purchase and sale  3,235        

of investments under this division and the custody of the                       

investments.                                                       3,236        

      (D)  No purchase or sale of any investment shall be made     3,239        

under this section except as authorized by the state teachers                   

retirement board.                                                  3,240        

      (E)  Any statement of financial position distributed by the  3,242        

board shall include the fair value, as of the statement date, of   3,245        

all investments held by the board under this section.                           

      Sec. 3307.111 3307.151.  The state teachers retirement       3,254        

system shall make no investments through, purchases from, or       3,257        

otherwise do any business with any individual who is, or any       3,258        

partnership, association, or corporation that is owned or                       

controlled by, a person, who within the preceding three years was  3,259        

employed by, an officer, or a board member of the system or in     3,260        

which a person, who within the preceding three years was employed  3,261        

by, a board member of, or an officer of the system holds a         3,262        

fiduciary, administrative, supervisory or trust position, or any   3,263        

other position in which such person would be involved, on behalf                

of his THE PERSON'S employer, in decisions or recommendations      3,265        

affecting the investment policy of the state teachers retirement   3,266        

system, and in which such person would benefit by any monetary     3,268        

gain.                                                                           

      Sec. 3307.14 3307.181.  (A)  Except as provided in division  3,277        

(B) of this section, a fiduciary shall not cause the state         3,279        

teachers retirement system to engage in a transaction, if he THE   3,280        

FIDUCIARY knows or should know that such transaction constitutes   3,282        

a direct or indirect:                                              3,283        

      (1)  Sale or exchange, or leasing, of any property between   3,285        

the system and a party in interest;                                3,286        

      (2)  Lending of money or other extension of credit between   3,288        

the system and a party in interest;                                3,289        

                                                          74     


                                                                 
      (3)  Furnishing of goods, services, or facilities between    3,291        

the system and a party in interest;                                3,292        

      (4)  Transfer to, or use by or for the benefit of a party    3,294        

in interest, of any assets of the system; or                       3,295        

      (5)  Acquisition, on behalf of the system, of any employer   3,297        

security or employer real property.                                3,298        

      (B)  Nothing in this section shall prohibit any transaction  3,300        

between the state teachers retirement system and any fiduciary or  3,301        

party in interest if:                                              3,302        

      (1)  All the terms and conditions of the transaction are     3,304        

comparable to the terms and conditions which might reasonably be   3,305        

expected in a similar transaction between similar parties who are  3,306        

not parties in interest; and                                       3,307        

      (2)  The transaction is consistent with the fiduciary        3,309        

duties described in Chapter 3307. of the Revised Code.             3,310        

      (C)  A fiduciary shall not:                                  3,312        

      (1)  Deal with the assets of the system in his THE           3,314        

FIDUCIARY'S own interest or for his THE FIDUCIARY'S own account;   3,316        

      (2)  In his THE FIDUCIARY'S individual or in any other       3,318        

capacity act in any transaction involving the system on behalf of  3,320        

a party (or represent a party) whose interests are adverse to the  3,321        

interests of the system or the interests of its participants or    3,322        

beneficiaries; or                                                  3,323        

      (3)  Receive any consideration for his THE FIDUCIARY'S own   3,325        

personal account from any party dealing with such system in        3,327        

connection with a transaction involving the assets of the system.  3,328        

      (D)  In addition to any liability which he THE FIDUCIARY     3,330        

may have under any other provision, a fiduciary with respect to    3,332        

the system shall be liable for a breach of fiduciary               3,333        

responsibility of any fiduciary with respect to the system in the  3,334        

following circumstances:                                           3,335        

      (1)  If he THE FIDUCIARY participates knowingly in, or       3,337        

knowingly undertakes to conceal, an act or omission of such other  3,338        

fiduciary, knowing such act or omission is a breach;               3,339        

                                                          75     


                                                                 
      (2)  If, by his THE FIDUCIARY'S failure to comply with       3,341        

Chapter 3307. of the Revised Code, he THE FIDUCIARY has enabled    3,343        

such other fiduciary to commit a breach; or                        3,345        

      (3)  If he THE FIDUCIARY has knowledge of a breach by such   3,347        

other fiduciary, unless he THE FIDUCIARY makes reasonable efforts  3,348        

under the circumstances to remedy the breach.                      3,350        

      (E)  Every fiduciary of the system shall be bonded or        3,352        

insured to an amount of not less than one million dollars for      3,353        

loss by reason of acts of fraud or dishonesty.                     3,354        

      Sec. 3307.19.  The state teachers retirement board shall     3,363        

provide for the maintenance of an individual account with FOR      3,364        

each contributor MEMBER showing the amount of his THE MEMBER'S     3,367        

contributions and the interest ANY accumulations thereon.  It      3,369        

shall collect and keep in convenient form such data as is          3,371        

necessary for the preparation of the required mortality and        3,372        

service tables, and for the compilation of such other information  3,373        

as is required for the actuarial valuation of the assets and       3,374        

liabilities of the various funds created by section 3307.65 of     3,375        

the Revised Code.  Upon the basis of the mortality and service     3,376        

experience of the members, retirants, and beneficiaries of the     3,377        

state teachers retirement system, and other system retirants       3,378        

contributing in accordance with section 3307.381 of the Revised    3,379        

Code, the board shall adopt the tables to be used for valuation    3,380        

purposes and for determining the amount of annuities to be         3,381        

allowed on the basis of the contributions.                         3,382        

      Sec. 3307.21 3307.20.  (A)  The treasurer of state shall     3,391        

furnish annually to the state teachers retirement board a sworn    3,393        

statement of the amount of the funds in the treasurer's custody    3,394        

belonging to the state teachers retirement system.                 3,395        

      (B)(1)  As used in this division, "personal SECTION:         3,397        

      (1)  "PERSONAL history record" means information maintained  3,400        

by the STATE TEACHERS RETIREMENT board on a member, former         3,401        

member, contributor, former contributor, retirant, or beneficiary  3,402        

that includes the address, telephone number, social security       3,403        

                                                          76     


                                                                 
number, record of contributions, correspondence with the STATE     3,404        

TEACHERS RETIREMENT system, or other information the board         3,406        

determines to be confidential.                                                  

      (2)  "RETIRANT" HAS THE SAME MEANING AS IN SECTION 3307.50   3,408        

OF THE REVISED CODE.                                                            

      (B)  The records of the board shall be open to public        3,410        

inspection, except for the following, which shall be excluded,     3,411        

except with the written authorization of the individual            3,412        

concerned:                                                         3,413        

      (a)(1)  The individual's personal records provided for in    3,415        

section 3307.29 3307.23 of the Revised Code;                       3,416        

      (b)(2)  The individual's personal history record;            3,418        

      (c)(3)  Any information identifying, by name and address,    3,420        

the amount of a monthly allowance or benefit paid to the           3,421        

individual.                                                                     

      (C)  All medical reports and recommendations under sections  3,423        

3307.42 3307.62, 3307.44 3307.64, and 3307.49 3307.66 of the       3,425        

Revised Code are privileged, except that copies of such medical    3,426        

reports or recommendations shall be made available to the          3,427        

personal physician, attorney, or authorized agent of the           3,428        

individual concerned upon written release received from the        3,429        

individual or the individual's agent, or, when necessary for the   3,430        

proper administration of the fund, to the board assigned           3,431        

physician.                                                                      

      (D)  Any person who is a member or contributor of the        3,433        

system shall be furnished, on written request, with a statement    3,435        

of the amount to the credit of the person's account.  The board    3,436        

need not answer more than one request of a person in any one       3,437        

year.                                                                           

      (E)  Notwithstanding the exceptions to public inspection in  3,439        

division (B)(2) of this section, the board may furnish the         3,440        

following information:                                             3,441        

      (1)  If a member, former member, retirant, contributor, or   3,443        

former contributor is subject to an order issued under section     3,444        

                                                          77     


                                                                 
2907.15 of the Revised Code or is convicted of or pleads guilty    3,445        

to a violation of section 2921.41 of the Revised Code, on written  3,446        

request of a prosecutor as defined in section 2935.01 of the       3,447        

Revised Code, the board shall furnish to the prosecutor the        3,448        

information requested from the individual's personal history       3,449        

record.                                                            3,450        

      (2)  Pursuant to a court or administrative order issued      3,452        

under section 3111.23 or 3113.21 of the Revised Code, the board    3,453        

shall furnish to a court or child support enforcement agency the   3,454        

information required under that section.                           3,455        

      (3)  At the written request of any person, the board shall   3,457        

provide to the person a list of the names and addresses of         3,458        

members, former members, retirants, contributors, former           3,459        

contributors, or beneficiaries.  The costs of compiling, copying,  3,460        

and mailing the list shall be paid by such person.                 3,461        

      (4)  Within fourteen days after receiving from the director  3,463        

of human services a list of the names and social security numbers  3,464        

of recipients of public assistance pursuant to section 5101.181    3,465        

of the Revised Code, the board shall inform the auditor of state   3,466        

of the name, current or most recent employer address, and social   3,467        

security number of each member whose name and social security      3,468        

number are the same as that of a person whose name or social       3,469        

security number was submitted by the director.  The board and its  3,470        

employees shall, except for purposes of furnishing the auditor of  3,471        

state with information required by this section, preserve the      3,472        

confidentiality of recipients of public assistance in compliance   3,473        

with division (A) of section 5101.181 of the Revised Code.         3,474        

      (F)  A statement that contains information obtained from     3,476        

the system's records that is signed by an officer of the           3,477        

retirement system and to which the system's official seal is       3,478        

affixed, or copies of the system's records to which the signature  3,479        

and seal are attached, shall be received as true copies of the     3,480        

system's records in any court or before any officer of this        3,481        

state.                                                             3,482        

                                                          78     


                                                                 
      THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1, 2000.     3,484        

      Sec. 3307.58 3307.21.  Each employer, before employing any   3,493        

teacher to whom sections 3307.01 to 3307.72, inclusive, of the     3,495        

Revised Code, THIS CHAPTER applies, shall notify such person of    3,497        

his THE PERSON'S duties and obligations under such sections THIS   3,498        

CHAPTER as a condition of his THE PERSON'S employment.             3,500        

      Any such appointment or reappointment of any teacher in the  3,502        

public day schools of the state, or service upon indefinite        3,503        

tenure, shall be conditioned upon the teacher's acceptance of      3,504        

such sections THIS CHAPTER, as a part of the contract.             3,505        

      Sec. 3307.59 3307.211.  During September of each year, or    3,514        

at such other time as the state teachers retirement board          3,516        

approves, each employer shall certify to the board the names of    3,517        

all teachers to whom sections 3307.01 to 3307.72, inclusive, of    3,518        

the Revised Code, apply THIS CHAPTER APPLIES.                                   

      Sec. 3307.60 3307.212.  Each employer shall on the first     3,527        

day of each calendar month, or at such less frequent intervals as  3,529        

the state teachers retirement board approves, notify the board of  3,530        

the employment of new teachers, removals, withdrawals, and         3,531        

changes in compensation of teachers that have occurred during the  3,532        

month preceding or the period since the period covered by the                   

last notification.                                                 3,533        

      NOT LATER THAN TEN DAYS AFTER THE DATE OF HIRE, EACH         3,535        

EMPLOYER SHALL NOTIFY THE BOARD OF THE EMPLOYMENT OF A NEW         3,536        

TEACHER.  NOTICE SHALL BE ON A FORM PROVIDED BY THE BOARD.         3,537        

      Sec. 3307.63 3307.213.  Each employer shall keep such        3,546        

records and shall furnish such information and assistance to the   3,548        

state teachers retirement board as it requires in the discharge    3,549        

of its duties.                                                                  

      Sec. 3307.214.  ON RECEIPT OF NOTICE UNDER SECTION 3307.212  3,551        

OF THE REVISED CODE OF THE EMPLOYMENT OF A NEW TEACHER, THE STATE  3,552        

TEACHERS RETIREMENT SYSTEM SHALL INFORM THE TEACHER OF THE         3,553        

REQUIREMENTS OF SECTION 3307.25 OF THE REVISED CODE AND THE                     

PROVISIONS OF SECTIONS 3307.88 AND 3307.881 OF THE REVISED CODE.   3,554        

                                                          79     


                                                                 
      Sec. 3307.29 3307.23.  Each teacher, upon becoming           3,563        

employed, shall file a detailed statement of all his THE           3,565        

TEACHER'S previous service as a teacher and of such other service  3,566        

as comes under this chapter, and shall furnish such other facts    3,567        

as the state teachers retirement board requires for the proper     3,568        

operation of the state teachers retirement system.  If a teacher   3,569        

fails to file the required membership record within ninety days    3,570        

after becoming employed, the secretary shall so advise his THE     3,571        

TEACHER'S employer who shall thereafter withhold all salary        3,572        

payments to such teacher until such record is filed with the       3,573        

state teachers retirement board.                                   3,574        

      Sec. 3307.30 3307.231.  To the extent to which it is used    3,583        

in determining the liability of any fund created by section        3,585        

3307.65 3307.14 of the Revised Code, the state teachers            3,586        

retirement board shall verify the statement provided for in        3,587        

section 3307.29 3307.23 of the Revised Code by the best evidence   3,589        

it is able to obtain.  If official records are not available as    3,590        

to the length of service, compensation, or other information       3,591        

required, the board may use its discretion as to the evidence to                

be accepted.                                                       3,592        

      Sec. 3307.27 3307.24.  The state teachers retirement board   3,601        

may deny the right to contribute or the right to become members    3,603        

to any class of teachers whose compensation is partly paid by the  3,604        

state, who are not serving on a per annum basis, who are on a      3,605        

temporary basis, or who are not required to have an educator       3,606        

license, and it may also make optional with teachers in any such                

class their right to contribute, or their right to individual      3,607        

entrance into membership.                                          3,608        

      The state teachers retirement board may at any time deny     3,610        

the right to contribute or the right to membership to any teacher  3,611        

whose compensation, though disbursed by an employer, is            3,612        

reimbursed to the employer, in whole or in part, from other than   3,613        

public funds.                                                                   

      Sec. 3307.26 3307.241.  Members of a local district pension  3,622        

                                                          80     


                                                                 
system maintained under the laws of the state from appropriations  3,624        

or contributions made wholly or in part by any employer and        3,625        

existing on August 8, 1919, are hereby excluded from membership    3,626        

in the state teachers retirement system.                                        

      If a majority of all the teachers participating in any such  3,628        

local district pension system apply for membership in the state    3,629        

teachers retirement system by a petition duly signed and           3,630        

verified, approved by their employer, and filed with the state     3,631        

teachers retirement board, all the teachers included in the                     

membership of such local district pension system shall become      3,632        

members of the state teachers retirement system at such time       3,633        

within three months after the filing of such petition and the      3,634        

compliance with sections 3307.01 to 3307.72, inclusive, of the     3,636        

Revised Code THIS CHAPTER, relative to the dissolution and         3,637        

discontinuance of such local district pension system as the board  3,638        

designates.                                                                     

      Sec. 3307.25.  (A)  AN INDIVIDUAL WHO BECOMES A MEMBER OF    3,640        

THE STATE TEACHERS RETIREMENT SYSTEM ON OR AFTER THE DATE ON       3,642        

WHICH THE STATE TEACHERS RETIREMENT BOARD ESTABLISHES A PLAN       3,643        

UNDER SECTION 3307.81 OF THE REVISED CODE SHALL MAKE AN ELECTION   3,644        

UNDER THIS SECTION.  NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER  3,645        

THE DATE ON WHICH EMPLOYMENT BEGINS, THE INDIVIDUAL SHALL ELECT    3,646        

TO PARTICIPATE EITHER IN THE PLAN DESCRIBED IN SECTIONS 3307.50    3,647        

TO 3307.79 OF THE REVISED CODE OR ONE OF THE PLANS ESTABLISHED     3,649        

UNDER SECTION 3307.81 OF THE REVISED CODE.  IF A FORM EVIDENCING   3,650        

AN ELECTION UNDER THIS SECTION IS NOT ON FILE WITH THE EMPLOYER    3,651        

AT THE END OF THE ONE-HUNDRED-EIGHTY-DAY PERIOD, THE INDIVIDUAL    3,653        

IS DEEMED TO HAVE ELECTED TO PARTICIPATE IN THE PLAN DESCRIBED IN  3,655        

SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE.                   3,656        

      (B)  AN ELECTION UNDER THIS SECTION SHALL BE MADE IN         3,658        

WRITING ON A FORM PROVIDED BY THE RETIREMENT SYSTEM AND FILED      3,659        

WITH THE EMPLOYER'S PERSONNEL OFFICER.  NOT LATER THAN TEN DAYS    3,661        

AFTER RECEIVING THE FORM EVIDENCING THE ELECTION, THE EMPLOYER     3,662        

SHALL TRANSMIT TO THE SYSTEM A COPY THAT INCLUDES A STATEMENT      3,663        

                                                          81     


                                                                 
CERTIFYING THAT IT IS A TRUE AND ACCURATE COPY OF THE ORIGINAL.    3,664        

      (C)  AN ELECTION UNDER THIS SECTION SHALL TAKE EFFECT ON     3,666        

THE DATE EMPLOYMENT BEGAN AND, EXCEPT AS PROVIDED IN SECTION       3,667        

3307.88 OF THE REVISED CODE, IS IRREVOCABLE ON RECEIPT BY THE      3,668        

EMPLOYER.                                                          3,669        

      (D)  AN INDIVIDUAL IS INELIGIBLE TO MAKE AN ELECTION UNDER   3,671        

THIS SECTION IF ONE OF THE FOLLOWING APPLIES:                      3,672        

      (1)  AT THE TIME EMPLOYMENT BEGINS, THE INDIVIDUAL IS        3,674        

ALREADY A MEMBER OR CONTRIBUTOR PARTICIPATING IN THE PLAN          3,675        

DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE OR A  3,676        

SUPERANNUATE OF THE SYSTEM;                                        3,678        

      (2)  AN ELECTION TO PARTICIPATE IN AN ALTERNATIVE            3,680        

RETIREMENT PLAN UNDER SECTION 3305.05 OF THE REVISED CODE IS IN    3,681        

EFFECT FOR EMPLOYMENT COVERED BY THE SYSTEM.                       3,682        

      Sec. 3307.251.  AS USED IN THIS SECTION, "ACCUMULATED        3,684        

CONTRIBUTIONS" AND "TOTAL SERVICE CREDIT" HAVE THE SAME MEANINGS   3,685        

AS IN SECTION 3307.50 OF THE REVISED CODE.                         3,686        

      (A)  A MEMBER OF THE STATE TEACHERS RETIREMENT SYSTEM WHO,   3,688        

AS OF THE THIRTIETH DAY OF JUNE IMMEDIATELY PRECEDING THE DATE ON  3,690        

WHICH THE SYSTEM ESTABLISHES A PLAN UNDER SECTION 3307.81 OF THE   3,692        

REVISED CODE, HAS LESS THAN FIVE YEARS OF TOTAL SERVICE CREDIT IS  3,693        

ELIGIBLE TO MAKE AN ELECTION UNDER THIS SECTION.                                

      NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE DAY THE     3,695        

BOARD FIRST ESTABLISHES ONE OR MORE PLANS UNDER SECTION 3307.81    3,696        

OF THE REVISED CODE, AN ELIGIBLE MEMBER MAY ELECT TO PARTICIPATE   3,698        

IN A PLAN ESTABLISHED UNDER THAT SECTION.  IF AN ELECTION IS NOT   3,699        

MADE, A MEMBER TO WHOM THIS SECTION APPLIES IS DEEMED TO HAVE      3,701        

ELECTED TO CONTINUE PARTICIPATING IN THE PLAN DESCRIBED IN         3,702        

SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE.                   3,703        

      (B)  AN ELECTION UNDER THIS SECTION SHALL BE MADE IN         3,705        

WRITING ON A FORM PROVIDED BY THE SYSTEM AND FILED WITH THE        3,706        

SYSTEM.                                                                         

      (C)  ON RECEIPT OF AN ELECTION UNDER THIS SECTION, THE       3,708        

SYSTEM SHALL DO BOTH OF THE FOLLOWING:                             3,709        

                                                          82     


                                                                 
      (1)  CREDIT TO THE ACCOUNT OF THE MEMBER IN THE DEFINED      3,711        

CONTRIBUTION FUND THE ACCUMULATED CONTRIBUTIONS STANDING TO THE    3,712        

MEMBER'S CREDIT IN THE TEACHERS' SAVINGS FUND, PLUS AN AMOUNT      3,713        

CALCULATED UNDER SECTION 3307.563 OF THE REVISED CODE;             3,714        

      (2)  CANCEL ALL SERVICE CREDIT AND ELIGIBILITY FOR ANY       3,716        

PAYMENT, BENEFIT, OR RIGHT UNDER THE PLAN DESCRIBED IN SECTIONS    3,717        

3307.50 TO 3307.79 OF THE REVISED CODE.                            3,718        

      (D)  AN ELECTION UNDER THIS SECTION SHALL BE IRREVOCABLE ON  3,721        

RECEIPT BY THE SYSTEM.                                             3,722        

      Sec. 3307.252.  A MEMBER OF THE STATE TEACHERS RETIREMENT    3,724        

SYSTEM WHO ELECTS TO PARTICIPATE IN A PLAN ESTABLISHED UNDER       3,725        

SECTION 3307.81 OF THE REVISED CODE SHALL BE INELIGIBLE FOR ANY    3,727        

BENEFIT OR PAYMENT UNDER SECTIONS 3307.50 TO 3307.79 OF THE        3,728        

REVISED CODE AND, EXCEPT AS PROVIDED IN SECTION 3307.88 OF THE     3,730        

REVISED CODE, SHALL BE FOREVER BARRED FROM CLAIMING OR PURCHASING  3,732        

SERVICE CREDIT WITH THE SYSTEM OR ANY OTHER OHIO STATE RETIREMENT  3,733        

SYSTEM, AS DEFINED IN SECTION 3307.741 OF THE REVISED CODE, FOR    3,734        

SERVICE COVERED BY THE ELECTION.                                   3,735        

      Sec. 3307.51 3307.26.  Each teacher shall contribute eight   3,744        

per cent of his THE TEACHER'S earned compensation to the           3,746        

teachers' savings fund, except that the state teachers retirement  3,748        

board may raise the contribution rate to the fund to a rate not    3,749        

greater than ten per cent of the teacher's earned compensation.    3,750        

Such FOR TEACHERS PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS  3,751        

3307.50 TO 3307.79 OF THE REVISED CODE, CONTRIBUTIONS SHALL BE     3,753        

DEPOSITED IN THE TEACHERS' SAVINGS FUND.  FOR TEACHERS             3,754        

PARTICIPATING IN A PLAN ESTABLISHED UNDER SECTION 3307.81 OF THE   3,755        

REVISED CODE, CONTRIBUTIONS SHALL BE DEPOSITED IN THE DEFINED      3,757        

CONTRIBUTION FUND.  CONTRIBUTIONS MADE PURSUANT TO THIS SECTION    3,758        

SHALL NOT EXCEED THE LIMITS ESTABLISHED BY SECTION 415 OF THE      3,759        

"INTERNAL REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 415,  3,763        

AS AMENDED.                                                                     

      THE contribution FOR ALL TEACHERS shall be deducted by the   3,767        

employer on each payroll in an amount equal to the applicable per  3,768        

                                                          83     


                                                                 
cent of such contributors' THE TEACHERS' paid compensation for     3,770        

such payroll period or other period as the state teachers          3,771        

retirement board may approve, provided all.  ALL CONTRIBUTIONS ON  3,772        

EARNED COMPENSATION FOR TEACHERS PARTICIPATING IN PLANS                         

ESTABLISHED UNDER SECTION 3307.81 OF THE REVISED CODE SHALL BE     3,773        

REMITTED AT INTERVALS REQUIRED BY THE STATE TEACHERS RETIREMENT    3,774        

SYSTEM UNDER SECTION 3307.86 OF THE REVISED CODE.  ALL                          

contributions on earned compensation are FOR TEACHERS              3,776        

PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO         3,777        

3307.79 OF THE REVISED CODE SHALL BE remitted to the state         3,778        

teachers retirement system by the thirtieth day of June of each    3,779        

year. Each school district shall encumber sufficient moneys by     3,780        

the thirtieth day of June of each year to account for the          3,781        

difference, if any, that may exist between contributions that      3,782        

would be withheld based upon compensation earned by a teacher      3,783        

during the year ending the thirtieth day of June and the           3,784        

contributions withheld based upon compensation paid to the         3,785        

teacher for the year.  Deductions from payroll for contributions   3,786        

under this section, on an annual basis, shall not exceed eight     3,787        

per cent or other percentage established by the state teachers     3,788        

retirement board authorized by this section.                       3,789        

      At retirement UNDER THE PLAN DESCRIBED IN SECTIONS 3307.50   3,791        

TO 3307.79 OF THE REVISED CODE, or upon a member's death prior to  3,792        

retirement UNDER THAT PLAN, if contributions have been made after  3,793        

September 1, 1959, in excess of the contributions normally         3,795        

required to provide the retirement or survivor benefit, such THE   3,796        

excess contributions may be refunded to the member, to his THE     3,798        

MEMBER'S beneficiary, or to his THE MEMBER'S estate in a lump      3,800        

sum, or may be used to provide additional income.                               

      The board may determine with regard to any member            3,802        

PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO         3,803        

3307.79 OF THE REVISED CODE whether the limits established by      3,804        

division (B)(3)(C) of section 3307.38 3307.58 OF THE REVISED CODE  3,805        

have resulted in exclusion from use in the calculation of          3,807        

                                                          84     


                                                                 
benefits under section 3307.38 3307.58, 3307.39 3307.59, or        3,809        

3307.50 3307.60 of the Revised Code of any compensation on which   3,810        

contributions have been made under this section.  The board may    3,811        

adopt rules in accordance with section 111.15 of the Revised Code  3,812        

providing for the disposition of contributions attributable to     3,813        

such compensation and may dispose of the contributions in          3,814        

accordance with those rules.  Any disposition of contributions     3,815        

made by the board in accordance with the rules shall be final.     3,816        

      The deductions UNDER THIS SECTION shall be made even though  3,818        

the minimum compensation provided by law for any teacher shall be  3,819        

reduced thereby.  Every teacher shall be deemed to consent to the  3,820        

deductions made and shall receipt in full for his salary or        3,822        

compensation, and payment.  PAYMENT less the deductions shall be   3,824        

a complete discharge and acquittance of all claims and demands     3,825        

for the services rendered by the person during the period covered  3,826        

by the payment.                                                    3,827        

      Additional deposits may be made to a member's account IN     3,829        

THE TEACHERS' SAVINGS FUND OR DEFINED CONTRIBUTION FUND, subject   3,831        

to rules of the board.  At retirement, the amount deposited with   3,832        

interest may be used to provide additional annuity income.  The    3,833        

additional deposits may be refunded to the member before           3,834        

retirement, and shall be refunded if the member withdraws his THE  3,835        

MEMBER'S refundable account.  The deposits may be refunded to the  3,836        

beneficiary or estate if the member dies before retirement.        3,837        

      Sec. 3307.511 3307.261.  Except as otherwise provided in     3,846        

section 124.385 of the Revised Code, any teacher who is granted    3,848        

disability leave pursuant to a program sponsored by his THE        3,849        

TEACHER'S employer, whereby the teacher receives a percentage of   3,850        

his THE TEACHER'S salary while on disability leave, shall not be   3,851        

required to make contributions for time off while on disability    3,852        

leave.                                                                          

      Except as otherwise provided in section 124.385 of the       3,854        

Revised Code, each employer described in division (A) of section   3,855        

3307.01 of the Revised Code who sponsors a disability leave        3,856        

                                                          85     


                                                                 
program shall make the periodic employee and employer              3,857        

contributions, in the amounts set pursuant to sections 3307.51                  

3307.26 and 3307.53 3307.28 of the Revised Code, for teachers      3,859        

granted disability leave, based on the teacher's rate of pay in    3,861        

effect at the time disability leave was granted.                                

      Sec. 3307.27.  THE CONTRIBUTIONS REQUIRED UNDER SECTION      3,863        

3307.26 OF THE REVISED CODE MAY BE PAID BY THE EMPLOYER IN         3,864        

ACCORDANCE WITH DIVISION (h) OF SECTION 414 OF THE "INTERNAL       3,867        

REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 414(h), AS      3,870        

AMENDED.                                                                        

      Sec. 3307.53 3307.28.  Each employer shall pay annually to   3,879        

the employers' trust fund STATE TEACHERS RETIREMENT SYSTEM an      3,880        

amount certified by the secretary which shall be a certain per     3,882        

cent of the earnable compensation of all members, and which shall  3,883        

be known as the "employer contribution."  The FOR MEMBERS          3,884        

PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO         3,885        

3307.79 OF THE REVISED CODE, THE EMPLOYER CONTRIBUTION SHALL BE    3,887        

DEPOSITED INTO THE EMPLOYERS' TRUST FUND.  FOR MEMBERS                          

PARTICIPATING IN A PLAN ESTABLISHED UNDER SECTION 3307.81 OF THE   3,889        

REVISED CODE, THE EMPLOYER CONTRIBUTION SHALL BE DEPOSITED INTO    3,891        

THE DEFINED CONTRIBUTION FUND IN ACCORDANCE WITH THE PLAN                       

SELECTED BY THE MEMBER, LESS THE AMOUNT TRANSFERRED UNDER SECTION  3,894        

3307.84 OF THE REVISED CODE.                                       3,895        

      THE rate per cent of such THE contribution shall be fixed    3,898        

by the actuary on the basis of his THE ACTUARY'S evaluation of     3,899        

the liabilities of the state teachers retirement system, not to    3,901        

exceed fourteen per cent, and shall be approved by the state       3,902        

teachers retirement board.  The state teachers retirement board    3,903        

may raise the rate per cent of the contribution to fourteen per    3,904        

cent of the earnable compensation of all members.  In making such  3,905        

evaluation, the actuary shall use, as the actuarial assumptions,   3,906        

such interest rates and mortality and other tables as are adopted  3,907        

by the state teachers retirement board.  He THE ACTUARY shall      3,908        

compute the percentage of such earnable compensation, to be known  3,910        

                                                          86     


                                                                 
as the "employer rate," required annually to fund the liability    3,911        

for all benefits provided by this chapter UNDER SECTIONS 3307.50   3,912        

TO 3307.79 OF THE REVISED CODE, after deducting therefrom the      3,913        

annuity and other benefits provided by the member's accumulated    3,914        

contributions, AS DEFINED IN SECTION 3307.50 OF THE REVISED CODE,  3,915        

deposits, and other appropriations, and to fund any deficiencies   3,916        

in the various funds described in DIVISIONS (A) TO (F) OF section  3,918        

3307.65 3307.14 of the Revised Code.                               3,919        

      Sec. 3307.61 3307.29.  Each employer shall cause to be       3,928        

deducted, on each payroll of a contributor for each payroll        3,930        

period, the contribution payable by such contributor as provided   3,931        

in sections 3307.01 to 3307.72, inclusive, of the Revised Code     3,932        

THIS CHAPTER.  Each employer shall certify to the treasurer of     3,933        

said employer on each payroll a statement as voucher for the       3,934        

amounts so deducted and for the amount of the normal contribution  3,935        

and the deficiency contribution payable by the employer.  Each     3,936        

employer shall send a duplicate of such statement to the                        

secretary of the state teachers retirement board.                  3,937        

      Sec. 3307.62 3307.291.  The treasurer of each employer, on   3,947        

receipt from the employer of the voucher for deductions from the   3,948        

compensation of teachers and for the contributions of the          3,949        

employer, shall transmit monthly or at such times as the state     3,951        

teachers retirement board designates the amounts specified in                   

such voucher to the secretary of the board.  The secretary of the  3,952        

board, after making a record of all such receipts, shall pay them  3,954        

to the treasurer of state for use according to sections 3307.01    3,956        

to 3307.72 of the Revised Code THIS CHAPTER.                       3,957        

      Sec. 3307.64 3307.30.  Employers who obtain funds directly   3,966        

by taxation shall levy annually such additional taxes as are       3,968        

required to provide the additional funds necessary to meet the     3,969        

financial requirements imposed upon them by sections 3307.01 to    3,970        

3307.72, inclusive, of the Revised Code THIS CHAPTER, and said     3,971        

tax shall be placed before and in preference to all other items    3,972        

except for sinking fund or interest purposes.                      3,973        

                                                          87     


                                                                 
      Sec. 3307.56 3307.31.  Payments by boards of education to    3,982        

the employers' trust fund of the state teachers retirement         3,983        

system, as provided in sections 3307.61 3307.29 and 3307.62        3,984        

3307.291 of the Revised Code, shall be made from the amount        3,986        

allocated under Chapter 3317. of the Revised Code prior to its     3,987        

distribution to the individual school districts.  The amount due   3,988        

from each school district shall be certified by the secretary of   3,989        

the system to the superintendent of public instruction monthly,    3,990        

or at such times as may be determined by the state teachers        3,991        

retirement board.                                                               

      The superintendent shall deduct, from the amount allocated   3,993        

to each district under Chapter 3317. of the Revised Code, the      3,994        

entire amounts due to the system from such district upon the       3,995        

certification to him THE SUPERINTENDENT by the secretary thereof.  3,997        

      The superintendent shall certify to the director of budget   3,999        

and management the amounts thus due the system for payment.        4,000        

      Sec. 3307.75 3307.32.  All amounts due the state teachers    4,009        

retirement system from the state treasury pursuant to this         4,011        

chapter shall be promptly paid upon warrant of the auditor of      4,012        

state pursuant to a voucher approved by the director of budget                  

and management.                                                    4,013        

      Sec. 3307.33.  MEMBERSHIP IN THE STATE TEACHERS RETIREMENT   4,015        

SYSTEM SHALL CEASE ON OCCURRENCE OF ANY OF THE FOLLOWING:          4,016        

RECEIPT OF PAYMENT PURSUANT TO SECTION 3307.56 OF THE REVISED      4,017        

CODE OR UNDER A PLAN ESTABLISHED UNDER SECTION 3307.81 OF THE      4,019        

REVISED CODE; RETIREMENT AS PROVIDED IN SECTIONS 3307.58 AND       4,020        

3307.59 OF THE REVISED CODE OR UNDER A PLAN ESTABLISHED UNDER      4,022        

SECTION 3307.81 OF THE REVISED CODE; DEATH; OR DENIAL OF           4,023        

MEMBERSHIP PURSUANT TO SECTION 3307.24 OF THE REVISED CODE.        4,024        

      Sec. 3307.381 3307.35.  (A)  As used in this section:        4,033        

      (1)  "Superannuate" means a former teacher receiving a       4,035        

service retirement allowance under section 3307.38 or 3307.39 of   4,036        

the Revised Code from the state teachers retirement system or a    4,037        

combined service retirement benefit paid in accordance with        4,038        

                                                          88     


                                                                 
section 3307.41 of the Revised Code, regardless of which           4,039        

retirement system is paying the benefit.                           4,040        

      (2), "Other OTHER system retirant" means a member or former  4,043        

member of the public employees retirement system, Ohio police and  4,045        

fire pension fund, school employees retirement system, state       4,047        

highway patrol retirement system, or Cincinnati retirement system  4,048        

who is receiving age and service or commuted age and service       4,049        

retirement, or a disability benefit from a system of which the     4,050        

retirant is a member or former member.                                          

      (B)  A superannuate may be employed for temporary service    4,052        

as a teacher, provided:                                            4,053        

      (1)  At least two months have elapsed since the effective    4,055        

date of the superannuate's retirement UNDER THIS CHAPTER.          4,056        

      (2)  Such employment does not exceed eighty-five school      4,058        

days, or the equivalent thereof in fractional service, during any  4,059        

school year.                                                       4,060        

      (C)  A superannuate may be employed as a full-time teacher,  4,062        

provided:                                                          4,063        

      (1)  The superannuate has received a retirement AN           4,065        

allowance OR BENEFIT from the state teachers retirement system     4,068        

UNDER THIS CHAPTER for at least eighteen months.                   4,069        

      (2)  The employer requests the retirement board of the       4,071        

state teachers retirement system to authorize such employment.     4,072        

      (D)  An other system retirant may be employed as a teacher,  4,074        

provided at least two months have elapsed since the effective      4,075        

date of the retirant's retirement or receipt of a disability       4,076        

benefit.                                                           4,077        

      (E)  If a superannuate or other system retirant is employed  4,079        

in accordance with division (B), (C), or (D) of this section, the  4,081        

superannuate or retirant shall contribute to the state teachers                 

retirement system in accordance with section 3307.51 3307.26 of    4,083        

the Revised Code and the employer shall contribute in accordance   4,085        

with sections 3307.53 3307.28 and 3307.56 3307.31 of the Revised   4,087        

Code.  Such contributions shall be received as specified in        4,089        

                                                          89     


                                                                 
section 3307.65 3307.14 of the Revised Code.  A superannuate or    4,091        

other system retirant employed as a teacher is not a member of     4,092        

the state teachers retirement system, does not have any of the     4,093        

rights, privileges, or obligations of membership, except as        4,094        

provided in this section, and is not eligible to receive health,   4,095        

medical, hospital, or surgical benefits under section 3307.74      4,096        

3307.39 of the Revised Code for employment subject to this         4,098        

section.                                                                        

      (F)  The employer that employs a superannuate or other       4,100        

system retirant shall notify the state teachers retirement board   4,101        

of the employment not later than the end of the month in which     4,102        

the employment commences.  Any overpayment of benefits to a        4,103        

superannuate by the retirement system resulting from an            4,104        

employer's failure to give timely notice may be charged to the     4,105        

employer and may be certified and deducted as provided in section  4,106        

3307.56 3307.31 of the Revised Code.                               4,107        

      (G)  On receipt of notice from an employer that a person     4,109        

who is an other system retirant has been employed, the state       4,110        

teachers retirement system shall notify the state retirement       4,111        

system of which the other system retirant was a member of such     4,112        

employment.                                                        4,113        

      (H)  A superannuate or other system retirant who has         4,115        

received a retirement AN allowance or disability benefit for less  4,118        

than the applicable period under division (B), (C), or (D) of      4,119        

this section when employment as a teacher commences shall forfeit  4,121        

the retirement allowance or disability benefit for any month the   4,123        

superannuate or retirant is employed prior to the expiration of    4,124        

such period.  Contributions shall be made to the retirement        4,125        

system from the first day of such employment, but service and      4,126        

contributions for that period shall not be used in the             4,127        

calculation of any benefit payable to the superannuate or other    4,128        

system retirant, and those contributions shall be refunded on the  4,129        

superannuate's or retirant's death or termination of the           4,131        

employment.  Contributions made on compensation earned after the   4,132        

                                                          90     


                                                                 
expiration of such period shall be used in calculation of the                   

benefit or payment due under this section.                         4,133        

      (I)  On receipt of notice from the Ohio police and fire      4,136        

pension fund, public employees retirement system, or school        4,138        

employees retirement system of the re-employment of a                           

superannuate, the state teachers retirement system shall not pay,  4,139        

or if paid shall recover, the amount to be forfeited by the        4,140        

superannuate in accordance with section 145.38, 742.26, or         4,141        

3309.341 of the Revised Code.                                      4,142        

      (J)(1)  On termination of employment under this section, a   4,144        

superannuate or other system retirant may file an application      4,145        

with the state teachers retirement system for a benefit under      4,146        

this division, which shall consist of a single life annuity        4,147        

having a reserve equal to the amount of the superannuate's or      4,148        

retirant's accumulated contributions, AS DEFINED IN SECTION        4,150        

3307.50 OF THE REVISED CODE, for the period of employment and an   4,151        

equal amount from the employers' trust created by section 3307.65  4,152        

3307.14 of the Revised Code, plus interest credited to the date    4,154        

of retirement at the then current actuarial rate of interest.      4,155        

The superannuate or other system retirant shall elect either to    4,156        

receive the benefit as a monthly annuity for life or a lump-sum    4,157        

payment discounted to the present value using the current          4,158        

actuarial assumption rate of interest, except that if the monthly  4,159        

annuity would be less than twenty-five dollars per month the       4,161        

superannuate or retirant shall receive a lump-sum payment.         4,163        

      (2)  A benefit payable under this division shall commence    4,165        

on the latest of the following:                                    4,166        

      (a)  The last day for which compensation for employment as   4,168        

a teacher was paid;                                                4,169        

      (b)  Attainment by the superannuate or other system          4,171        

retirant of age sixty-five;                                        4,172        

      (c)  If the superannuate or other system retirant was        4,174        

previously employed under this section and previously received or  4,175        

is receiving a benefit under this division, completion of a        4,176        

                                                          91     


                                                                 
period of twelve months since the effective date of the last       4,177        

benefit under this division.                                       4,178        

      (3)(a)  If a superannuate or other system retirant dies      4,180        

while employed in employment subject to this section, a lump-sum   4,181        

payment calculated in accordance with division (J)(1) of this      4,182        

section shall be paid to the beneficiary designated under          4,183        

division (D) of section 3307.48 3307.562 of the Revised Code.      4,184        

      (b)  If at the time of death a superannuate or other system  4,187        

retirant receiving a monthly annuity has received less than the    4,188        

superannuate or retirant would have received as a lump-sum         4,189        

payment, the difference between the amount received and the        4,190        

amount that would have been received as a lump-sum payment shall   4,192        

be paid to the superannuate's or retirant's beneficiary            4,193        

designated under division (D) of section 3307.48 3307.562 of the   4,195        

Revised Code.                                                      4,196        

      (4)  No amount received under this section shall be          4,198        

included in determining an additional benefit under section        4,199        

3307.403 3307.67 of the Revised Code or any other post-retirement  4,201        

benefit increase.                                                  4,202        

      (K)  If the disability benefit of an other system retirant   4,204        

employed under this section is terminated, the retirant shall      4,205        

become a member of the state teachers retirement system,           4,207        

effective on the first day of the month next following the         4,208        

termination, with all the rights, privileges, and obligations of   4,209        

membership.  If such person, after the termination of the          4,210        

retirant's disability benefit, earns two years of service credit   4,212        

under this retirement system or under the public employees         4,213        

retirement system, Ohio police and fire pension fund, school       4,214        

employees retirement system, or state highway patrol retirement    4,216        

system, the retirant's prior contributions as an other system      4,218        

retirant under this section shall be included in the retirant's    4,219        

total service credit, AS DEFINED IN SECTION 3307.50 OF THE         4,220        

REVISED CODE, as a state teachers retirement system member, and    4,222        

the retirant shall forfeit all rights and benefits of this         4,224        

                                                          92     


                                                                 
section.  Not more than one year of credit may be given for any    4,225        

period of twelve months.                                                        

      (L)  A superannuate shall not receive the pension portions   4,227        

of a retirement PORTION OF AN allowance OR BENEFIT THAT IS         4,228        

ATTRIBUTABLE TO CONTRIBUTIONS MADE UNDER SECTION 3307.28 OF THE    4,229        

REVISED CODE for any period for which the superannuate is          4,231        

compensated under a private contract, or through an independent    4,232        

contractor, whereby the superannuate is to perform personal or     4,234        

professional services for the employer by which the superannuate   4,235        

was employed at the time of retirement.                            4,237        

      (M)  This section does not affect the receipt of benefits    4,239        

by or eligibility for benefits of any person who on August 20,     4,240        

1976, was receiving a disability benefit or service retirement     4,241        

pension or allowance from a state or municipal retirement system   4,242        

in Ohio and was a member of any other state or municipal           4,243        

retirement system of this state.                                   4,244        

      (N)  The retirement board of the state teachers retirement   4,246        

system BOARD may make the necessary rules to carry into effect     4,247        

this section and to prevent the abuse of the rights and            4,249        

privileges thereunder.                                             4,250        

      Sec. 3307.72 3307.37.  (A)  Notwithstanding any other        4,259        

provision of this chapter, any payment that is to be made under a  4,261        

pension, annuity, allowance, or other type of benefit PAYABLE      4,262        

UNDER THIS CHAPTER, other than a survivorship benefit, that has    4,264        

been granted to a person under this chapter, any payment of        4,265        

accumulated contributions standing to a person's credit under      4,266        

this chapter, and any payment of any other amounts to be paid to   4,267        

a person under this chapter upon the person's withdrawal of        4,268        

contributions pursuant to this chapter shall be subject to any     4,269        

withholding order issued pursuant to section 2907.15 of the                     

Revised Code or division (C)(2)(b) of section 2921.41 of the       4,270        

Revised Code, and the state teacher's retirement board shall       4,271        

comply with that withholding order in making the payment.          4,272        

      (B)  Notwithstanding any other provision of this chapter,    4,274        

                                                          93     


                                                                 
if the board receives notice pursuant to section 2907.15 of the    4,275        

Revised Code or division (D) of section 2921.41 of the Revised     4,276        

Code that a person who has accumulated contributions standing to   4,277        

the person's credit pursuant to this chapter is charged with a     4,279        

violation of section 2907.02, 2907.03, 2907.04, 2907.05, or        4,280        

2921.41 of the Revised Code, no payment of those accumulated       4,281        

contributions, of any other amounts to be paid under this chapter  4,282        

upon the person's withdrawal of contributions pursuant to this     4,283        

chapter, or of any amount to be paid as a lump sum or single       4,285        

payment under section 3307.381 3307.35 of the Revised Code shall   4,286        

be made prior to whichever of the following is applicable:         4,288        

      (1)  If the person is convicted of or pleads guilty to the   4,290        

charge and no motion for a withholding order for purposes of       4,291        

restitution has been filed under section 2907.15 of the Revised    4,292        

Code or division (C)(2)(b)(i) of section 2921.41 of the Revised    4,294        

Code, thirty days after the day on which final disposition of the  4,295        

charge is made;                                                                 

      (2)  If the person is convicted of or pleads guilty to the   4,297        

charge and a motion for a withholding order for purposes of        4,298        

restitution has been filed under section 2907.15 of the Revised    4,300        

Code or division (C)(2)(b)(i) of section 2921.41 of the Revised    4,302        

Code, the day on which the court decides the motion;               4,303        

      (3)  If the charge is dismissed or the person is found not   4,305        

guilty or not guilty by reason of insanity of the charge, the day  4,306        

on which final disposition of the charge is made.                  4,307        

      Sec. 3307.74 3307.39.  (A)  The state teachers retirement    4,316        

board may enter into an agreement with insurance companies,        4,318        

health insuring corporations, or government agencies authorized    4,320        

to do business in the state for issuance of a policy or contract   4,321        

of health, medical, hospital, or surgical benefits, or any         4,322        

combination thereof, for those individuals receiving, UNDER THE    4,323        

PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED       4,324        

CODE, service retirement or a disability or survivor benefit       4,326        

subscribing WHO SUBSCRIBE to the plan.  Notwithstanding any other  4,327        

                                                          94     


                                                                 
provision of this chapter, the policy or contract may also         4,328        

include coverage for any eligible individual's spouse and          4,329        

dependent children and for any of the individual's sponsored       4,330        

dependents as the board considers appropriate.  If all or any      4,332        

portion of the policy or contract premium is to be paid by any     4,333        

individual receiving service retirement or a disability or         4,334        

survivor benefit, the individual shall, by written authorization,  4,335        

instruct the board to deduct the premium agreed to be paid by the  4,337        

individual to the companies, corporations, or agencies.            4,338        

      The board may contract for coverage on the basis of part or  4,341        

all of the cost of the coverage to be paid from appropriate funds  4,342        

of the state teachers retirement system.  The cost paid from the   4,343        

funds of the system shall be included in the employer's            4,345        

contribution rate provided by section 3307.53 3307.28 of the       4,346        

Revised Code.                                                      4,347        

      THE BOARD MAY ENTER INTO AN AGREEMENT UNDER THIS DIVISION    4,349        

FOR COVERAGE OF RECIPIENTS OF BENEFITS UNDER A PLAN ESTABLISHED    4,350        

UNDER SECTION 3307.81 OF THE REVISED CODE IF THE PLAN SELECTED     4,351        

INCLUDES HEALTH, MEDICAL, HOSPITAL, OR SURGICAL BENEFITS, OR ANY   4,352        

COMBINATION THEREOF.  THE BOARD MAY CONTRACT FOR COVERAGE ON THE   4,353        

BASIS THAT THE COST OF THE COVERAGE WILL BE PAID BY THE RECIPIENT  4,355        

OR BY THE PLAN TO WHICH THE RECIPIENT CONTRIBUTED UNDER THIS       4,356        

CHAPTER.  THE BOARD MAY OFFER TO RECIPIENTS PLANS THAT PROVIDE     4,357        

FOR DIFFERENT LEVELS OF COVERAGE OR FOR PREPAYMENT OF THE COST OF  4,358        

COVERAGE.                                                                       

      The board may provide for self-insurance of risk or level    4,360        

of risk as set forth in the contract with the companies,           4,361        

corporations, or agencies, and may provide through the             4,362        

self-insurance method specific benefits as authorized by the       4,363        

rules of the board.                                                4,364        

      (B)  If the board provides health, medical, hospital, or     4,366        

surgical benefits through any means other than a health insuring   4,368        

corporation, it shall offer to each individual eligible for the    4,370        

benefits the alternative of receiving benefits through enrollment  4,371        

                                                          95     


                                                                 
in a health insuring corporation, if all of the following apply:   4,373        

      (1)  The health insuring corporation provides health care    4,376        

services in the geographical area in which the individual lives;   4,378        

      (2)  The eligible individual was receiving health care       4,380        

benefits through a health maintenance organization or a health     4,382        

insuring corporation before retirement;                            4,383        

      (3)  The rate and coverage provided by the health insuring   4,386        

corporation to eligible individuals is comparable to that          4,389        

currently provided by the board under division (A) of this                      

section.  If the rate or coverage provided by the health insuring  4,391        

corporation is not comparable to that currently provided by the    4,393        

board under division (A) of this section, the board may deduct     4,394        

the additional cost from the eligible individual's monthly         4,395        

benefit.                                                                        

      The health insuring corporation shall accept as an enrollee  4,399        

any eligible individual who requests enrollment.                                

      The board shall permit each eligible individual to change    4,401        

from one plan to another at least once a year at a time            4,402        

determined by the board.                                           4,403        

      (C)  The board shall, beginning the month following receipt  4,405        

of satisfactory evidence of the payment for coverage, make a       4,406        

monthly payment to each recipient of service retirement, or a      4,407        

disability or survivor benefit under the state teachers            4,408        

retirement system PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79    4,409        

OF THE REVISED CODE who is eligible for insurance coverage under   4,410        

part B of "The Social Security Amendments of 1965," 79 Stat. 301,  4,411        

42 U.S.C.A. 1395j, as amended, AND MAY MAKE A MONTHLY PAYMENT TO   4,413        

A RECIPIENT OF BENEFITS UNDER A PLAN ESTABLISHED UNDER SECTION     4,414        

3307.81 OF THE REVISED CODE WHO IS ELIGIBLE FOR THAT INSURANCE     4,415        

COVERAGE IF THE MONTHLY PAYMENTS ARE FUNDED THROUGH THE PLAN       4,417        

SELECTED BY THE RECIPIENT.  The payment shall be the greater of    4,418        

the following:                                                                  

      (1)  Twenty-nine dollars and ninety cents;                   4,420        

      (2)  An amount determined by multiplying the basic premium   4,423        

                                                          96     


                                                                 
for the coverage by a percentage, not exceeding ninety per cent,   4,424        

determined by multiplying the years of service used in             4,425        

calculating the service retirement or benefit OR, IN THE CASE OF   4,426        

A RECIPIENT OF BENEFITS UNDER A PLAN ESTABLISHED UNDER SECTION     4,427        

3307.81 OF THE REVISED CODE, THE PARTICIPANT'S YEARS OF SERVICE                 

by a percentage determined by the board not exceeding three per    4,428        

cent.                                                              4,429        

      THE BOARD SHALL MAKE ALL PAYMENTS UNDER THIS DIVISION        4,431        

BEGINNING THE MONTH FOLLOWING RECEIPT OF SATISFACTORY EVIDENCE OF  4,432        

THE PAYMENT FOR THE COVERAGE.                                      4,433        

      (D)  The board shall establish by rule requirements for the  4,435        

coordination of any coverage, payment, or benefit provided under   4,437        

this section or section 3307.405 3307.61 of the Revised Code with  4,439        

any similar coverage, payment, or benefit made available to the    4,440        

same individual by the public employees retirement system, Ohio    4,441        

police and fire pension fund, school employees retirement system,  4,443        

or state highway patrol retirement system.                         4,444        

      (E)  The board shall make all other necessary rules          4,446        

pursuant to the purpose and intent of this section.                4,447        

      Sec. 3307.741 3307.391.  The state teachers retirement       4,456        

board shall establish a program under which members of the STATE   4,458        

TEACHERS retirement system, employers on behalf of members, and    4,460        

persons receiving service, disability, or survivor benefits UNDER  4,461        

THIS CHAPTER are permitted to participate in contracts for         4,463        

long-term health care insurance.  Participation may include        4,464        

dependents and family members.  If a participant in a contract     4,465        

for long-term care insurance leaves employment, the participant    4,466        

and the participant's dependents and family members may, at their  4,468        

election, continue to participate in a program established under   4,469        

this section in the same manner as if the participant had not      4,470        

left employment, except that no part of the cost of the insurance  4,472        

shall be paid by the participant's former employer.                4,473        

      Such program may be established independently or jointly     4,475        

with one or more of the other retirement systems.  For purposes    4,476        

                                                          97     


                                                                 
of this section, "retirement systems" has the same meaning as in   4,477        

division (A) of section 145.581 of the Revised Code.               4,478        

      The board may enter into an agreement with insurance         4,480        

companies, health insuring corporations, or government agencies    4,482        

authorized to do business in the state for issuance of a           4,483        

long-term care insurance policy or contract.   However, prior to   4,484        

entering into such an agreement with an insurance company or       4,485        

health insuring corporation, the board shall request the           4,486        

superintendent of insurance to certify the financial condition of  4,489        

the company or corporation.  The board shall not enter into the    4,490        

agreement if, according to that certification, the company or      4,491        

corporation is insolvent, is determined by the superintendent to   4,492        

be potentially unable to fulfill its contractual obligations, or   4,494        

is placed under an order of rehabilitation or conservation by a    4,495        

court of competent jurisdiction or under an order of supervision   4,496        

by the superintendent.                                             4,497        

      The board shall adopt rules in accordance with section       4,499        

111.15 of the Revised Code governing the program.  The rules       4,500        

shall establish methods of payment for participation under this    4,501        

section, which may include establishment of a payroll deduction    4,502        

plan under section 3307.281 3307.70 of the Revised Code,           4,503        

deduction of the full premium charged from a person's service,     4,505        

disability, or survivor benefit, or any other method of payment    4,506        

considered appropriate by the board.  If the program is            4,507        

established jointly with one or more of the other retirement       4,508        

systems, the rules also shall establish the terms and conditions   4,509        

of such joint participation.                                       4,510        

      Sec. 3307.40 3307.392.  (A)  Upon the death of a retirant    4,519        

or disability benefit recipient who at the time of death is        4,521        

receiving a service retirement allowance or disability benefit     4,522        

pursuant to this chapter, a lump sum payment of one thousand       4,523        

dollars shall be paid to any designated or qualified beneficiary   4,524        

under division (D) of section 3307.48 of the Revised Code, or if   4,525        

none, the state teachers retirement board may approve payment to   4,526        

                                                          98     


                                                                 
either the person responsible for the burial expenses or to the    4,527        

decedent's estate following the completion of an application on a  4,528        

form approved by the board.                                        4,529        

      (B)  The state teachers retirement board may establish a     4,531        

death benefit plan providing for a lump sum payment to eligible    4,532        

beneficiaries, in addition to the lump sum payment made under      4,533        

division (A) of this section 3307.661 OF THE REVISED CODE, on the  4,534        

death of a person receiving a service retirement AN allowance or   4,537        

disability benefit pursuant to this chapter.  Any plan             4,539        

established under this division SECTION shall be administered      4,541        

separately from any other benefit or plan governed by this         4,542        

chapter and shall require that charges paid by participants cover  4,543        

the additional liability resulting from the death benefit as       4,544        

determined by an actuary employed by the board. Participation      4,545        

shall be limited to persons receiving a service retirement AN      4,546        

allowance or disability benefit pursuant to this chapter.          4,548        

      The board shall establish charges and conditions of          4,550        

eligibility for participation in any plan established under this   4,551        

division SECTION.  A person who elects to participate in a plan    4,552        

by written authorization shall instruct the board to deduct the    4,554        

amount charged under the plan from his service retirement THE      4,556        

PERSON'S allowance or disability benefit.  The board may enter     4,557        

into contracts with insurance companies, financial institutions,   4,558        

or other entities for the purpose of providing a death benefit     4,559        

plan under this division SECTION.                                  4,560        

      Sec. 3307.71 3307.41.  The right of a person to a pension,   4,569        

an annuity, or a retirement allowance itself, any optional         4,572        

benefit, OR any other right OR BENEFIT accrued or accruing to any  4,574        

person, under sections 3307.01 to 3307.74 of the Revised Code                   

THIS CHAPTER, or the various funds created by section 3307.65      4,577        

3307.14 of the Revised Code and all moneys and investments and     4,579        

income thereof, are exempt from any state tax, except the tax                   

imposed by section 5747.02 of the Revised Code and are exempt      4,581        

from any county, municipal, or other local tax, except taxes       4,582        

                                                          99     


                                                                 
imposed pursuant to section 5748.02 or 5748.08 of the Revised      4,583        

Code and, except as provided in sections 3111.23, 3113.21, and     4,585        

3307.72 3307.37 of the Revised Code, shall not be subject to       4,586        

execution, garnishment, attachment, the operation of bankruptcy    4,587        

or insolvency laws, or any other process of law whatsoever, and    4,588        

shall be unassignable except as specifically provided in THIS      4,589        

CHAPTER OR sections 3111.23, AND 3113.21, and 3307.01 to 3307.74   4,590        

of the Revised Code.                                               4,591        

      Sec. 3307.711 3307.42.  The granting TO ANY PERSON of a      4,601        

retirement AN allowance, annuity, or pension to any person, AS     4,602        

DEFINED IN SECTION 3307.50 OF THE REVISED CODE, OR THE GRANTING                 

OF A BENEFIT UNDER A PLAN ESTABLISHED UNDER SECTION 3307.81 OF     4,604        

THE REVISED CODE, pursuant to AN action of the state teachers'                  

retirement board vests a right in such person, so long as he THE   4,606        

PERSON remains the beneficiary of any of the funds established by  4,608        

section 3307.65 3307.14 of the Revised Code, to receive such       4,609        

retirement THE allowance, annuity, or pension, OR BENEFIT at the   4,611        

rate fixed at the time of granting such retirement THE allowance,  4,612        

annuity, or pension, OR BENEFIT.  Such right shall also be vested  4,614        

with equal effect in the beneficiary of a grant heretofore made                 

from any of the funds named in section 3307.65 3307.14 of the      4,615        

Revised Code.                                                      4,616        

      Sec. 3307.712 3307.44.  (A)  Any person who is receiving an  4,625        

allowance, AS DEFINED IN SECTION 3307.50 OF THE REVISED CODE,      4,626        

benefit, or any increase under this chapter may, at any time,      4,628        

waive his THE PERSON'S rights thereto, or to a portion thereof,    4,629        

by filing a written notice of waiver with the state teachers       4,630        

retirement board.  Except as provided in division (B) of this      4,631        

section, such waiver shall remain in effect until the first day    4,632        

of the month following his THE PERSON'S death or the filing of     4,633        

his THE PERSON'S written cancellation of such waiver with the      4,635        

state teachers retirement board.  Any amount so waived shall       4,636        

forever be forfeited.                                                           

      (B)  If a beneficiary waives in writing all claim to any     4,638        

                                                          100    


                                                                 
benefits under this chapter prior to receipt of the first          4,639        

benefit, the waiver shall put into effect the succession of        4,640        

beneficiaries as provided in division (C) of section 3307.48       4,641        

3307.562 of the Revised Code and shall be irrevocable.             4,643        

      Sec. 3307.4012 3307.46.  Whenever the limits established by  4,652        

section 415 of the "Internal Revenue Code of 1986," 100 Stat.      4,654        

2085, 26 U.S.C.A. 415, as amended, are raised, the state teachers  4,655        

retirement board may increase the amount of the pension, benefit,  4,656        

or allowance of any person whose pension, benefit, or allowance    4,657        

payable under section 3307.38 3307.58, 3307.39 3307.59, 3307.403   4,658        

3307.63, 3307.43 3307.631, or 3307.431 3307.67 of the Revised      4,660        

Code OR A PLAN ESTABLISHED UNDER SECTION 3307.81 OF THE REVISED    4,661        

CODE was limited by the application of section 415.  The amount    4,663        

of the increased pension, benefit, or allowance shall not exceed                

the lesser of the amount the person would have received if the     4,664        

limits established by section 415 had not been applied or the      4,665        

amount the person is eligible to receive subject to the new        4,666        

limits established by section 415.                                              

      Sec. 3307.461.  THE STATE TEACHERS RETIREMENT BOARD MAY      4,668        

ESTABLISH AND MAINTAIN A QUALIFIED GOVERNMENTAL EXCESS BENEFIT     4,669        

ARRANGEMENT THAT MEETS THE REQUIREMENTS OF DIVISION (m) OF         4,670        

SECTION 415 OF THE "INTERNAL REVENUE CODE OF 1986," 100 STAT.      4,672        

2085, 26 U.S.C.A. 415, AS AMENDED, AND ANY REGULATIONS ADOPTED     4,674        

THEREUNDER.  IF ESTABLISHED, THE ARRANGEMENT SHALL BE A SEPARATE   4,675        

PORTION OF THE STATE TEACHERS RETIREMENT SYSTEM AND BE MAINTAINED  4,676        

SOLELY FOR THE PURPOSE OF PROVIDING TO RETIRED MEMBERS THAT PART   4,677        

OF A BENEFIT OTHERWISE PAYABLE UNDER THIS CHAPTER THAT EXCEEDS     4,678        

THE LIMITS ESTABLISHED BY SECTION 415 OF THE "INTERNAL REVENUE     4,679        

CODE OF 1986," AS AMENDED.                                         4,680        

      MEMBERS PARTICIPATING IN AN ARRANGEMENT ESTABLISHED UNDER    4,682        

THIS SECTION SHALL NOT BE PERMITTED TO ELECT TO DEFER              4,683        

COMPENSATION TO THE ARRANGEMENT.  CONTRIBUTIONS TO AND BENEFITS    4,684        

PAID UNDER AN ARRANGEMENT SHALL NOT BE PAYABLE FROM A TRUST THAT   4,685        

IS PART OF THE SYSTEM UNLESS THE TRUST IS MAINTAINED SOLELY FOR    4,686        

                                                          101    


                                                                 
THE PURPOSE OF PROVIDING SUCH BENEFITS.                            4,687        

      THE BOARD SHALL ADOPT RULES TO ADMINISTER AN ARRANGEMENT     4,689        

ESTABLISHED UNDER THIS SECTION.                                    4,690        

      Sec. 3307.751 3307.47.  If a member, former member,          4,699        

contributor, former contributor, retirant, or beneficiary PERSON   4,701        

is paid any benefit by the state teachers retirement system UNDER  4,703        

THE PLANS DESCRIBED IN SECTION 3307.031 OF THE REVISED CODE to                  

which he THE PERSON is not entitled, the benefit shall be repaid   4,706        

to the retirement system by him THE PERSON.  If he THE PERSON      4,708        

fails to make the repayment, the retirement system shall withhold  4,709        

the amount due from any benefit due him THE PERSON or his THE      4,710        

PERSON'S beneficiary under this chapter, or may collect the        4,711        

amount in any other manner provided by law.                        4,712        

      Sec. 3307.50.  AS USED IN SECTIONS 3307.50 TO 3307.79 OF     4,714        

THE REVISED CODE:                                                  4,716        

      (A)  "PRIOR SERVICE" MEANS ALL SERVICE AS A TEACHER BEFORE   4,718        

SEPTEMBER 1, 1920, MILITARY SERVICE CREDIT, ALL SERVICE PRIOR TO   4,719        

SEPTEMBER 1, 1920, AS AN EMPLOYEE OF ANY EMPLOYER WHO COMES        4,720        

WITHIN THE PUBLIC EMPLOYEES RETIREMENT SYSTEM, THE SCHOOL          4,721        

EMPLOYEES RETIREMENT SYSTEM, OR ANY OTHER STATE RETIREMENT SYSTEM  4,722        

ESTABLISHED UNDER THE LAWS OF OHIO, AND SIMILAR SERVICE IN         4,723        

ANOTHER STATE, CREDIT FOR WHICH WAS PROCURED BY A MEMBER UNDER     4,724        

FORMER SECTION 3307.33 OF THE REVISED CODE, PRIOR TO JUNE 25,      4,726        

1945.  PRIOR SERVICE CREDIT SHALL NOT BE GRANTED TO ANY MEMBER     4,727        

FOR SERVICE FOR WHICH CREDIT OR BENEFITS HAVE BEEN RECEIVED IN     4,728        

ANY OTHER STATE RETIREMENT SYSTEM IN OHIO OR FOR CREDIT THAT WAS   4,729        

FORFEITED BY WITHDRAWAL OF CONTRIBUTIONS, UNLESS THE CREDIT HAS    4,730        

BEEN RESTORED.  IF THE TEACHER SERVED AS AN EMPLOYEE IN ANY TWO    4,731        

OR ALL OF THE CAPACITIES, "PRIOR SERVICE" MEANS THE TOTAL          4,732        

COMBINED SERVICE IN THE CAPACITIES PRIOR TO SEPTEMBER 1, 1920.     4,733        

      IF A TEACHER WHO HAS BEEN GRANTED PRIOR SERVICE CREDIT FOR   4,735        

SERVICE RENDERED PRIOR TO SEPTEMBER 1, 1920, AS AN EMPLOYEE OF AN  4,736        

EMPLOYER WHO COMES WITHIN THE PUBLIC EMPLOYEES RETIREMENT SYSTEM   4,737        

OR THE SCHOOL EMPLOYEES RETIREMENT SYSTEM, ESTABLISHES,            4,738        

                                                          102    


                                                                 
SUBSEQUENT TO SEPTEMBER 16, 1957, AND BEFORE RETIREMENT, THREE     4,739        

YEARS OF CONTRIBUTING SERVICE IN THE PUBLIC EMPLOYEES RETIREMENT   4,740        

SYSTEM, OR ONE YEAR IN THE SCHOOL EMPLOYEES RETIREMENT SYSTEM,     4,741        

THE PRIOR SERVICE CREDIT GRANTED SHALL BECOME, AT RETIREMENT, THE  4,743        

LIABILITY OF THE OTHER SYSTEM IF THE PRIOR SERVICE OR EMPLOYMENT   4,745        

WAS IN A CAPACITY COVERED BY THAT SYSTEM.                                       

      (B)  "TOTAL SERVICE," "TOTAL SERVICE CREDIT," EXCEPT AS      4,747        

PROVIDED IN SECTION 3307.57 OF THE REVISED CODE, OR "OHIO SERVICE  4,749        

CREDIT" MEANS ALL SERVICE OF A MEMBER OF THE STATE TEACHERS        4,750        

RETIREMENT SYSTEM SINCE LAST BECOMING A MEMBER AND, IN ADDITION    4,751        

THERETO, RESTORED SERVICE CREDIT UNDER SECTION 3307.71 OF THE      4,752        

REVISED CODE, ALL PRIOR SERVICE CREDIT, ALL MILITARY SERVICE       4,755        

CREDIT COMPUTED AS PROVIDED IN THIS CHAPTER, AND ALL OTHER         4,756        

SERVICE CREDIT ESTABLISHED UNDER SECTIONS 3307.26, FORMER          4,758        

3307.513, FORMER 3307.514, 3307.53, 3307.54, 3307.72, 3307.73,     4,759        

3307.74, 3307.76, 3307.761, 3307.77, 3307.771, AND 33.07.78 AND    4,760        

FORMER SECTION 3307.52 OF THE REVISED CODE, AND SECTION 3 OF       4,762        

AMENDED SUBSTITUTE SENATE BILL NO. 530 OF THE 114TH GENERAL        4,763        

ASSEMBLY.  ALL SERVICE CREDIT PURCHASED UNDER SECTION 3307.741 OF  4,766        

THE REVISED CODE SHALL BE USED EXCLUSIVELY FOR THE PURPOSE OF      4,768        

QUALIFYING FOR SERVICE RETIREMENT.                                 4,769        

      (C)(1)  "SERVICE RETIREMENT" MEANS RETIREMENT AS PROVIDED    4,771        

IN SECTION 3307.58 OR 3307.59 OF THE REVISED CODE.                 4,772        

      (2)  "DISABILITY RETIREMENT" MEANS RETIREMENT AS PROVIDED    4,774        

IN SECTION 3307.63 OF THE REVISED CODE.                            4,775        

      (D)  "ACCUMULATED CONTRIBUTIONS" MEANS THE SUM OF ALL        4,777        

AMOUNTS CREDITED TO A CONTRIBUTOR'S INDIVIDUAL ACCOUNT IN THE      4,778        

TEACHERS' SAVINGS FUND, TOGETHER WITH INTEREST CREDITED THEREON    4,779        

AT THE RATES APPROVED BY THE STATE TEACHERS RETIREMENT BOARD       4,780        

PRIOR TO RETIREMENT.                                               4,781        

      (E)  "ANNUITY" MEANS PAYMENTS FOR LIFE DERIVED FROM          4,783        

CONTRIBUTIONS MADE BY A CONTRIBUTOR AND PAID FROM THE ANNUITY AND  4,784        

PENSION RESERVE FUND.  ALL ANNUITIES SHALL BE PAID IN TWELVE       4,785        

EQUAL MONTHLY INSTALLMENTS.                                        4,786        

                                                          103    


                                                                 
      (F)  "PENSIONS" MEANS ANNUAL PAYMENTS FOR LIFE DERIVED FROM  4,788        

APPROPRIATIONS MADE BY AN EMPLOYER AND PAID FROM THE ANNUITY AND   4,789        

PENSION RESERVE FUND.  ALL PENSIONS SHALL BE PAID IN TWELVE EQUAL  4,790        

MONTHLY INSTALLMENTS.                                              4,791        

      (G)(1)  "ALLOWANCE" MEANS THE PENSION PLUS THE ANNUITY, OR   4,794        

ANY OTHER PAYMENT UNDER SECTIONS 3307.50 TO 3307.79 OF THE         4,795        

REVISED CODE, AND INCLUDES A DISABILITY ALLOWANCE OR DISABILITY    4,796        

BENEFIT.                                                                        

      (2)  "DISABILITY ALLOWANCE" MEANS AN ALLOWANCE PAID ON       4,798        

ACCOUNT OF DISABILITY UNDER SECTION 3307.631 OF THE REVISED CODE.  4,800        

      (3)  "DISABILITY BENEFIT" MEANS A BENEFIT PAID AS            4,802        

DISABILITY RETIREMENT UNDER SECTION 3307.63 OF THE REVISED CODE,   4,804        

AS A DISABILITY ALLOWANCE UNDER SECTION 3307.631 OF THE REVISED    4,806        

CODE, OR AS A DISABILITY BENEFIT UNDER SECTION 3307.57 OF THE      4,807        

REVISED CODE.                                                                   

      (H)  "ANNUITY RESERVE" MEANS THE PRESENT VALUE, COMPUTED     4,809        

UPON THE BASIS OF MORTALITY TABLES ADOPTED BY THE STATE TEACHERS   4,810        

RETIREMENT BOARD WITH INTEREST, OF ALL PAYMENTS TO BE MADE ON      4,811        

ACCOUNT OF ANY ANNUITY, OR BENEFIT IN LIEU OF ANY ANNUITY,         4,812        

GRANTED TO A MEMBER.                                               4,813        

      (I)  "PENSION RESERVE" MEANS THE PRESENT VALUE, COMPUTED     4,815        

UPON THE BASIS OF MORTALITY TABLES ADOPTED BY THE STATE TEACHERS   4,816        

RETIREMENT BOARD WITH INTEREST, OF ALL PAYMENTS TO BE MADE ON      4,817        

ACCOUNT OF ANY PENSION, OR BENEFIT IN LIEU OF ANY PENSION,         4,818        

GRANTED TO A MEMBER OR TO A BENEFICIARY.                           4,819        

      (J)  "RETIRANT" MEANS ANY FORMER MEMBER WHO IS GRANTED AGE   4,821        

AND SERVICE RETIREMENT AS PROVIDED IN SECTIONS 3307.57, 3307.58,   4,822        

3307.59, AND 3307.60 OF THE REVISED CODE.                          4,823        

      (K)  "DISABILITY BENEFIT RECIPIENT" MEANS A MEMBER WHO IS    4,825        

RECEIVING A DISABILITY BENEFIT.                                    4,826        

      Sec. 3307.013 3307.501.  (A)  As used in this section,       4,835        

"percentage increase" means the percentage that an increase in     4,837        

compensation is of the compensation paid prior to the increase.    4,838        

      (B)  Notwithstanding division (U)(L) of section 3307.01 of   4,840        

                                                          104    


                                                                 
the Revised Code, for the purpose of determining final average     4,842        

salary under this section, "compensation" has the same meaning as  4,843        

in that division, except that it does not include any amount       4,844        

resulting from a percentage increase paid to a member during the   4,845        

member's two highest years of compensation that exceeds the        4,847        

greater of the following, unless the percentage increase results   4,848        

from employment by a different employer or promotion to a          4,849        

position held by another employee within the twelve-month period   4,850        

preceding the promotion;                                           4,851        

      (1)  The highest percentage increase in compensation paid    4,853        

to the member during any of the three years immediately preceding  4,854        

the member's two highest years of compensation and any subsequent  4,855        

partial year of compensation used in calculating the member's      4,856        

final average salary;                                              4,857        

      (2)  A percentage increase paid to the member as part of an  4,859        

increase generally applicable to members employed by the           4,860        

employer.  An increase shall be considered generally applicable    4,861        

if it is paid to members employed by a school district board of    4,862        

education in positions requiring a license issued under section    4,864        

3319.22 of the Revised Code in accordance with uniform criteria    4,865        

applicable to all such members or if paid to members employed by   4,866        

an employer other than a school district board of education in     4,867        

accordance with uniform criteria applicable to all such members.   4,868        

      (C)  The state teachers retirement board shall determine     4,870        

the final average salary of a member by dividing the sum of the    4,871        

member's annual compensation for the three highest years of        4,872        

compensation for which the member made contributions plus any      4,873        

amount determined under division (E) of this section by three,     4,874        

except that if the member has a partial year of contributing       4,875        

service in the year the member's employment terminates and the     4,876        

compensation for the partial year is at a rate higher than the     4,877        

rate of compensation for any one of the member's highest three     4,878        

years of compensation, the board shall substitute the              4,879        

compensation for the partial year for the compensation for the     4,880        

                                                          105    


                                                                 
same portion of the lowest of the member's three highest years of  4,881        

compensation.  If a member has less than three years of            4,882        

contributing membership, the member's final average salary shall   4,883        

be the member's total compensation for the period of contributing  4,884        

membership plus any amount determined under division (E) of this   4,885        

section divided by the total years, including any portion of a     4,886        

year, of contributing service.                                                  

      For the purpose of calculating benefits payable to a member  4,888        

qualifying for service credit under division (R)(I) of section     4,890        

3307.01 of the Revised Code, the board shall calculate the         4,891        

member's final average salary by dividing the member's total       4,892        

compensation as a teacher covered under this chapter plus any      4,893        

amount determined under division (E) of this section by the total  4,894        

number of years, including any portion of a year, of contributing  4,895        

membership during that period.  If contributions were made for     4,896        

less than twelve months, the member's final average salary is the  4,897        

total amount of compensation paid to the member during all         4,898        

periods of contributions under this chapter.                       4,899        

      (D)  Contributions made by a member and an employer on       4,901        

amounts that, pursuant to division (B) of this section, are not    4,902        

compensation or are not included, pursuant to division (E) of      4,903        

this section, for the purpose of determining final average salary  4,904        

shall be treated as additional deposits to the member's account    4,905        

under section 3307.51 3307.26 of the Revised Code and used to      4,906        

provide additional annuity income.                                 4,908        

      (E)  The state teachers retirement board shall adopt rules   4,910        

establishing criteria and procedures for administering this        4,911        

division.                                                          4,912        

      The board shall notify each applicant for retirement of any  4,914        

amount excluded from the applicant's compensation in accordance    4,915        

with division (B) of this section and of the procedures            4,916        

established by the board for requesting a hearing on this          4,917        

exclusion.                                                         4,918        

      Any applicant for retirement who has had any amount          4,920        

                                                          106    


                                                                 
excluded from the applicant's compensation in accordance with      4,922        

division (B) of this section may request a hearing on this         4,923        

exclusion.  Upon receiving such a request, the board shall         4,924        

determine in accordance with its criteria and procedures whether,  4,925        

for good cause as determined by the board, all or any portion of   4,926        

any amount excluded from the applicant's compensation in           4,927        

accordance with division (B) of this section, up to a maximum of   4,928        

seventy-five hundred dollars, is to be included in the             4,929        

determination of final average salary under division (C) of this   4,930        

section.  Any determination of the board under this division       4,931        

shall be final.                                                                 

      Sec. 3307.20 3307.51.  (A)  The state teachers retirement    4,940        

board shall have prepared annually by or under the supervision of  4,943        

an actuary an actuarial valuation of the pension assets,           4,944        

liabilities, and funding requirements of the state teachers        4,945        

retirement system as established pursuant to this chapter PLAN     4,946        

DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE.                   

The actuary shall complete the valuation in accordance with        4,947        

actuarial standards of practice promulgated by the actuarial       4,948        

standards board of the American academy of actuaries and prepare   4,949        

a report of the valuation.  The report shall include all of the    4,950        

following:                                                                      

      (1)  A summary of the benefit provisions evaluated;          4,952        

      (2)  A summary of the census data and financial information  4,954        

used in the valuation;                                             4,955        

      (3)  A description of the actuarial assumptions, actuarial   4,957        

cost method, and asset valuation method used in the valuation,     4,958        

including a statement of the assumed rate of payroll growth and    4,959        

assumed rate of growth or decline in the number of members         4,960        

contributing to the retirement system;                                          

      (4)  A summary of findings that includes a statement of the  4,962        

actuarial accrued pension liabilities and unfunded actuarial       4,963        

accrued pension liabilities;                                       4,964        

      (5)  A schedule showing the effect of any changes in the     4,966        

                                                          107    


                                                                 
benefit provisions, actuarial assumptions, or cost methods since   4,967        

the last annual actuarial valuation;                               4,968        

      (6)  A statement of whether contributions to the retirement  4,970        

system are expected to be sufficient to satisfy the funding        4,971        

objectives established by the board.                               4,972        

      The board shall submit the report to the Ohio retirement     4,975        

study commission COUNCIL and the standing committees of the house  4,976        

of representatives and the senate with primary responsibility for  4,978        

retirement legislation not later than the first day of May         4,979        

JANUARY following the year for which the valuation was made.       4,980        

      (B)  At such times as the state teachers retirement board    4,983        

determines, and at least once in each quinquennial period, the     4,984        

board shall have prepared by or under the supervision of an        4,985        

actuary an actuarial investigation of the mortality, service, and  4,987        

other experience of the members, retirants, and beneficiaries of   4,989        

the system, and other system retirants as defined in section       4,992        

3307.381 3307.35 of the Revised Code to update the actuarial       4,993        

assumptions used in the actuarial valuation required by division   4,996        

(A) of this section.  The actuary shall prepare a report of the    4,997        

actuarial investigation.  The report shall be prepared and any     4,998        

recommended changes in actuarial assumptions shall be made in      5,000        

accordance with the actuarial standards of practice promulgated                 

by the actuarial standards board of the American academy of        5,002        

actuaries.  The report shall include all of the following:                      

      (1)  A summary of relevant decrement and economic            5,004        

assumption experience observed over the period of the              5,005        

investigation;                                                                  

      (2)  Recommended changes in actuarial assumptions to be      5,007        

used in subsequent actuarial valuations required by division (A)   5,009        

of this section;                                                                

      (3)  A measurement of the financial effect of the            5,011        

recommended changes in actuarial assumptions.                      5,012        

      The board shall submit the report to the Ohio retirement     5,015        

study commission COUNCIL and the standing committees of the house  5,016        

                                                          108    


                                                                 
of representatives and the senate with primary responsibility for  5,018        

retirement legislation not later than the first day of May         5,019        

following the last fiscal year of the period the report covers.    5,020        

      (C)  The board may at any time request the actuary to make   5,022        

any other studies or actuarial valuations to determine the         5,024        

adequacy of the normal and deficiency rates of contribution        5,025        

provided by section 3307.53 3307.28 of the Revised Code, and       5,026        

those rates may be adjusted by the board, as recommended by the    5,029        

actuary, effective as of the first of any year thereafter.         5,030        

      (D)  The board shall have prepared by or under the           5,032        

supervision of an actuary an actuarial analysis of any introduced  5,033        

legislation expected to have a measurable financial impact on the  5,034        

retirement system.  The actuarial analysis shall be completed in   5,035        

accordance with the actuarial standards of practice promulgated    5,036        

by the actuarial standards board of the American academy of        5,037        

actuaries.  The actuary shall prepare a report of the actuarial    5,038        

analysis, which shall include all of the following:                5,039        

      (1)  A summary of the statutory changes that are being       5,041        

evaluated;                                                                      

      (2)  A description of or reference to the actuarial          5,043        

assumptions and actuarial cost method used in the report;          5,044        

      (3)  A description of the participant group or groups        5,046        

included in the report;                                            5,047        

      (4)  A statement of the financial impact of the              5,049        

legislation, including the resulting increase, if any, in the      5,050        

employer normal cost percentage; the increase, if any, in          5,051        

actuarial accrued liabilities; and the per cent of payroll that    5,052        

would be required to amortize the increase in actuarial accrued                 

liabilities as a level per cent of covered payroll for all active  5,053        

members over a period not to exceed thirty years;                  5,054        

      (5)  A statement of whether the scheduled contributions to   5,056        

the system after the proposed change is enacted are expected to    5,057        

be sufficient to satisfy the funding objectives established by     5,058        

the board.                                                                      

                                                          109    


                                                                 
      Not later than sixty days from the date of introduction of   5,060        

the legislation, the board shall submit a copy of the actuarial    5,061        

analysis to the legislative budget office of the legislative       5,062        

service commission, the standing committees of the house of        5,063        

representatives and the senate with primary responsibility for     5,064        

retirement legislation, and the Ohio retirement study commission   5,065        

COUNCIL.                                                                        

      (E)  The board shall have prepared annually a report giving  5,068        

a full accounting of the revenues and costs relating to the        5,069        

provision of benefits under sections 3307.405 3307.39 and 3307.74  5,070        

3307.61 of the Revised Code.  The report shall be made as of June  5,073        

30, 1997, and the thirtieth day of June of each year thereafter.   5,074        

The report shall include the following:                            5,075        

      (1)  A description of the statutory authority for the        5,077        

benefits provided;                                                 5,078        

      (2)  A summary of the benefits;                              5,080        

      (3)  A summary of the eligibility requirements for the       5,082        

benefits;                                                          5,083        

      (4)  A statement of the number of participants eligible for  5,085        

the benefits;                                                      5,086        

      (5)  A description of the accounting, asset valuation, and   5,088        

funding method used to provide the benefits;                       5,089        

      (6)  A statement of the net assets available for the         5,091        

provisions of benefits as of the last day of the fiscal year;      5,093        

      (7)  A statement of any changes in the net assets available  5,096        

for the provision of benefits, including participant and employer  5,097        

contributions, net investment income, administrative expenses,     5,098        

and benefits provided to participants, as of the last day of the   5,099        

fiscal year;                                                                    

      (8)  For the last six consecutive fiscal years, a schedule   5,101        

of the net assets available for the benefits, the annual cost of   5,103        

benefits, administrative expenses incurred, and annual employer    5,104        

contributions allocated for the provision of benefits;             5,105        

      (9)  A description of any significant changes that affect    5,107        

                                                          110    


                                                                 
the comparability of the report required under this division;      5,109        

      (10)  A statement of the amount paid under division (C) of   5,111        

section 3307.74 3307.39 of the Revised Code.                       5,112        

      The board shall submit the report to the Ohio retirement     5,115        

study commission COUNCIL and the standing committees of the house  5,116        

of representatives and the senate with primary responsibility for  5,117        

retirement legislation not later than the thirty-first day of      5,118        

December following the year for which the report was made.         5,120        

      Sec. 3307.511.  THE STATE TEACHERS RETIREMENT BOARD SHALL    5,122        

COLLECT AND KEEP IN CONVENIENT FORM SUCH DATA AS IS NECESSARY FOR  5,123        

THE PREPARATION OF THE REQUIRED MORTALITY AND SERVICE TABLES, AND  5,124        

FOR THE COMPILATION OF SUCH OTHER INFORMATION AS IS REQUIRED FOR   5,125        

THE ACTUARIAL VALUATION OF THE ASSETS AND LIABILITIES OF THE       5,126        

FUNDS LISTED IN DIVISIONS (A) TO (F) OF SECTION 3307.14 OF THE     5,128        

REVISED CODE.  ON THE BASIS OF MORTALITY AND SERVICE EXPERIENCE    5,129        

OF THE MEMBERS, RETIRANTS, AND BENEFICIARIES OF THE STATE          5,130        

TEACHERS RETIREMENT SYSTEM, AND OTHER SYSTEM RETIRANTS             5,131        

CONTRIBUTING IN ACCORDANCE WITH SECTION 3307.35 OF THE REVISED     5,133        

CODE, THE BOARD SHALL ADOPT TABLES TO BE USED FOR VALUATION        5,135        

PURPOSES AND FOR DETERMINING THE AMOUNT OF ANNUITIES TO BE                      

ALLOWED ON THE BASIS OF THE CONTRIBUTIONS.                         5,136        

      Sec. 3307.201 3307.512.  The state teachers retirement       5,145        

board shall establish a period of not more than thirty years to    5,148        

amortize the state teachers retirement system's unfunded                        

actuarial accrued pension liabilities FOR BENEFITS PAID UNDER      5,149        

SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE.  If in any year   5,150        

the period necessary to amortize the unfunded actuarial accrued    5,152        

pension liability exceeds thirty years, as determined by the                    

annual actuarial valuation required by section 3307.20 3307.51 of  5,155        

the Revised Code, the board, not later than ninety days after      5,157        

receipt of the valuation, shall prepare and submit to the Ohio     5,158        

retirement study commission COUNCIL and the standing committees    5,159        

of the house of representatives and the senate with primary        5,160        

responsibility for retirement legislation a report that includes   5,161        

                                                          111    


                                                                 
the following information:                                         5,162        

      (A)  The number of years needed to amortize the unfunded     5,165        

actuarial accrued pension liability as determined by the annual    5,166        

actuarial valuation;                                                            

      (B)  A plan approved by the board that indicates how the     5,169        

board will reduce the amortization period of unfunded actuarial    5,170        

accrued pension liability to not more than thirty years.                        

      Sec. 3307.421 3307.513.  Not later than September 1, 2000,   5,180        

and each first day of September for the succeeding five years,     5,181        

the state teachers retirement board shall make and submit a        5,182        

report for the preceding fiscal year of the disability retirement  5,183        

experience of each employer.  The report shall specify the total   5,184        

number of disability applications submitted UNDER SECTION 3307.62  5,185        

OF THE REVISED CODE, the status of each application as of the      5,187        

last day of the fiscal year, total applications granted or         5,188        

denied, and the percentage of disability benefit recipients, AS    5,189        

DEFINED IN SECTION 3307.50 OF THE REVISED CODE, to the total       5,191        

number of the employer's employees who are members of the state    5,192        

teachers retirement system.  The report shall be submitted to the  5,193        

governor, the Ohio retirement study council, and the chairpersons  5,195        

of the standing committees and subcommittees of the senate and     5,196        

house of representatives with primary responsibility for           5,197        

retirement legislation.                                                         

      Sec. 3307.36 3307.52.  At THE TIME OF retirement UNDER THE   5,207        

PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED                    

CODE, the total service credited a teacher shall consist of all    5,209        

his THE TEACHER'S service as a teacher since he THE TEACHER last   5,210        

became a member and, if he THE TEACHER has a prior service         5,211        

certificate which is in full force and effect, all service         5,213        

certified on such prior service certificate, together with                      

purchased service credit as provided in section 3307.33 3307.741   5,214        

of the Revised Code.                                               5,215        

      Sec. 3307.31 3307.53.  The state teachers retirement board   5,224        

shall credit a year of service to any teacher PARTICIPATING IN     5,226        

                                                          112    


                                                                 
THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED   5,227        

CODE who is employed on a full-time basis in a school district     5,228        

for the number of months the regular day schools of such district  5,229        

are in session in said district within any year.  The board shall  5,230        

adopt appropriate rules and regulations for the determination of   5,231        

credit for less than a complete year of service, and shall be the  5,232        

final authority in determining the number of years of service      5,233        

credit.  The board shall credit not more than one year for all     5,234        

service rendered in any year.                                      5,235        

      If concurrent contributions are made to two or more          5,237        

retirement systems, service credit shall be on the basis of the    5,238        

ratio that contributions to this system bear to the total          5,239        

contributions in all such systems.                                 5,240        

      THE BOARD SHALL ADOPT RULES FOR THE PURPOSE OF DETERMINING   5,242        

THE NUMBER OF YEARS OR PARTIAL YEARS OF SERVICE CREDIT TO BE       5,243        

GRANTED TO A MEMBER UNDER SECTION 3307.88 OF THE REVISED CODE.     5,244        

THE AMOUNT OF SERVICE CREDIT SHALL BE BASED ON THE MEMBER'S        5,246        

LENGTH OF PARTICIPATION IN AND CONTRIBUTION TO A PLAN ESTABLISHED  5,247        

UNDER SECTION 3307.81 OF THE REVISED CODE.  THE BOARD SHALL BE     5,248        

THE FINAL AUTHORITY IN DETERMINING THE AMOUNT OF SERVICE CREDIT.   5,249        

      Sec. 3307.35 3307.54.  An employer may establish a           5,258        

retirement incentive plan for its employees who are members of     5,259        

the state teachers retirement system PARTICIPATING IN THE PLAN     5,260        

DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE.      5,261        

The plan shall provide for purchase by the employer of service     5,262        

credit for eligible employees who choose to participate in the     5,263        

plan and for payment by the employer of the entire cost of such    5,264        

service credit.  A plan established under this section shall       5,265        

remain in effect until terminated by the employer, except that,    5,266        

once established, the plan must remain in effect for at least one  5,267        

year.                                                                           

      An employee who is a member of the state teachers            5,269        

retirement system shall be eligible to participate in a            5,270        

retirement incentive plan if the employee has attained age fifty   5,272        

                                                          113    


                                                                 
and the employee agrees to retire and retires under section        5,273        

3307.38 3307.58 of the Revised Code effective within ninety days   5,275        

after receiving notice from the state teachers retirement system   5,276        

that service credit has been purchased for the member under this   5,277        

section.                                                                        

      Participation in the plan shall be available to all          5,279        

eligible employees except that the employer may limit the number   5,280        

of persons for whom it purchases credit in any calendar year to a  5,281        

specified percentage of its employees who, ON THE FIRST DAY OF     5,283        

JANUARY OF THAT YEAR, are members of the state teachers            5,284        

retirement system on the first day of January of that year         5,285        

PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO                      

3307.79 OF THE REVISED CODE.  The percentage shall not be less     5,286        

than five per cent of such employees.  If participation is         5,287        

limited, employees with a greater length of service with the       5,288        

employer have the right to elect to have credit purchased before   5,289        

employees with a lesser length of service with the employer.       5,290        

      The amount of service credit purchased for any participant   5,292        

shall be uniformly determined but shall not exceed the lesser of   5,293        

the following:                                                     5,294        

      (A)  Five years of service credit;                           5,296        

      (B)  An amount of service credit equal to one-fifth of the   5,298        

total service credited to the participant under FORMER sections    5,299        

3307.02, 3307.021, 3307.022, 3307.22, 3307.28, 3307.31, 3307.311,  5,300        

3307.32, 3307.41, 3307.411, 3307.412, 3307.512, 3307.513,          5,301        

3307.514, 3307.515, AND 3307.52, and 3307.73 OR SECTIONS 3307.53,  5,303        

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     5,305        

the Revised Code.                                                               

      For each year of service credit purchased under this         5,307        

section, the employer shall pay an amount specified by the state   5,308        

teachers retirement board equal to the additional liability        5,309        

resulting from the purchase of that year of service credit as      5,310        

determined by an actuary employed by the board.  Payments shall    5,311        

                                                          114    


                                                                 
be made in accordance with rules adopted by the board, and the     5,312        

board shall notify each member when the member is credited with    5,314        

service purchased under this section.                              5,315        

      No payment made to the state teachers retirement system      5,317        

under this section shall affect any payment required by section    5,318        

3307.53 3307.28 of the Revised Code.                               5,319        

      Sec. 3307.46 3307.56.  (A)(1)  Subject to sections 3307.47   5,329        

3307.37 and 3307.72 3307.561 of the Revised Code, a member         5,330        

PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO         5,331        

3307.79 OF THE REVISED CODE who ceases to be a teacher for any                  

cause other than death, retirement, receipt of a disability        5,334        

benefit, or election of an alternative retirement plan under       5,335        

section 3305.05 of the Revised Code, upon application, shall be                 

paid the accumulated contributions standing to the credit of the   5,337        

member's individual account in the teachers' savings fund plus an  5,338        

amount calculated in accordance with section 3307.80 3307.563 of   5,339        

the Revised Code.   If the member or the member's legal            5,341        

representative cannot be found within ten years after the member   5,343        

ceased making contributions pursuant to section 3307.51 3307.26    5,344        

of the Revised Code, the accumulated contributions may be          5,347        

transferred to the guarantee fund and thereafter paid to the       5,348        

member, to the member's beneficiaries, or to the member's estate,  5,349        

upon proper application.                                                        

      (2)  A member described in division (A)(1) of this section   5,352        

who is married at the time of application for payment and is                    

eligible for age and service retirement under section 3307.38      5,353        

3307.58 or 3307.39 3307.59 of the Revised Code shall submit with   5,356        

the application a written statement by the member's spouse                      

attesting that the spouse consents to the payment of the member's  5,357        

accumulated contributions.  Consent shall be valid only if it is   5,358        

signed and witnessed by a notary public.  If the statement is not  5,360        

submitted under this division, the application shall be                         

considered an application for service retirement and shall be      5,361        

subject to division (F)(1) of section 3307.50 3307.60 of the       5,362        

                                                          115    


                                                                 
Revised Code.                                                      5,363        

      (B)  This division applies to any member who ceases to be a  5,366        

teacher by electing an alternative retirement plan pursuant to     5,367        

section 3305.05 of the Revised Code and who is not otherwise       5,368        

employed as a teacher in a position to which the election does     5,369        

not apply.  For purposes of this division, "continuously           5,370        

employed" has the same meaning as in section 3305.01 of the        5,371        

Revised Code.                                                      5,372        

      (1)  Subject to sections 3307.47 3307.37 and 3307.72         5,374        

3307.561 of the Revised Code, upon application of any member to    5,377        

whom this division applies who is continuously employed, the       5,378        

state teachers retirement board shall pay the accumulated          5,379        

contributions standing to the credit of the member's individual    5,380        

account in the teachers' savings fund plus an amount calculated    5,381        

in accordance with section 3307.80 3307.563 of the Revised Code    5,382        

to the entity providing the alternative retirement plan for        5,384        

application to that plan in accordance with any contract the       5,385        

member has entered into for purposes of that plan.                 5,386        

      (2)  Subject to sections 3307.47 3307.37 and 3307.72         5,388        

3307.561 of the Revised Code, upon application of any member to    5,391        

whom this division applies who has ceased to be continuously       5,392        

employed, the state teachers retirement board shall pay the        5,393        

accumulated contributions standing to the credit of the member's   5,394        

individual account in the teachers' savings fund plus an amount    5,396        

calculated in accordance with section 3307.80 3307.563 of the      5,398        

Revised Code to the entity providing the alternative retirement    5,399        

plan for application to that plan in accordance with any contract  5,400        

the member has entered into for purposes of that plan.             5,401        

      Sec. 3307.47 3307.561.  A member of the state teachers       5,410        

retirement system PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS  5,411        

3307.50 TO 3307.79 OF THE REVISED CODE who has ceased to be a      5,413        

teacher, and who is also a member of either the public employees                

retirement system or the school employees retirement system, or    5,414        

both, may not withdraw his THE MEMBER'S accumulated contributions  5,416        

                                                          116    


                                                                 
unless he THE MEMBER also withdraws his THE MEMBER'S               5,417        

contributions from such THE other systems.                         5,418        

      Sec. 3307.48 3307.562.  (A)  As used in this section and     5,427        

section 3307.49 3307.66 of the Revised Code:                       5,429        

      (1)  "Child" means a biological or legally adopted child of  5,433        

a deceased member.  If a court hearing for an interlocutory        5,434        

decree for adoption was held prior to the member's death, "child"  5,435        

includes the child who was the subject of the hearing if a final   5,436        

decree of adoption adjudging the member's spouse as the adoptive   5,437        

parent is made subsequent to the member's death.                   5,438        

      (2)  "Parent" is a parent or legally adoptive parent of a    5,441        

deceased member.                                                   5,442        

      (3)  "Dependent" means a beneficiary who receives one-half   5,444        

of the beneficiary's support from a member during the twelve       5,445        

months prior to the member's death.                                5,446        

      (4)  "Surviving spouse" means an individual who establishes  5,449        

a valid marriage to a member at the time of the member's death by  5,450        

marriage certificate or pursuant to division (E) of this section.  5,451        

      (5)  "Survivor" means a spouse, child, or dependent parent.  5,454        

      (B)  Except as provided in division (G)(1)(B) of section     5,457        

3307.49 3307.563 or division (B)(G)(1) of section 3307.80 3307.66  5,459        

of the Revised Code, should a member WHO IS PARTICIPATING IN THE   5,460        

PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE  5,461        

die before service retirement, the member's accumulated            5,462        

contributions, plus an amount calculated in accordance with        5,463        

section 3307.80 3307.563 of the Revised Code, and any amounts      5,464        

owed and unpaid to a disability benefit recipient shall be paid    5,465        

to such beneficiaries as the member has nominated by written       5,467        

designation signed by the member and filed with the state          5,469        

teachers retirement board prior to death.  The nomination of       5,470        

beneficiary shall be on a form provided by the retirement board.                

The last nomination of any beneficiary revokes all previous        5,472        

nominations.  The member's marriage, divorce, marriage             5,473        

dissolution, legal separation, or withdrawal of account, or the    5,474        

                                                          117    


                                                                 
birth of the member's child, or the member's adoption of a child,  5,475        

shall constitute an automatic revocation of the member's previous  5,476        

designation.  If a deceased member was also a member of the        5,477        

public employees retirement system or the school employees         5,478        

retirement system, the beneficiary last established among the                   

systems shall be the sole beneficiary in all the systems.          5,479        

      Any beneficiary ineligible for monthly survivor benefits as  5,481        

provided by section 3307.49 3307.66 of the Revised Code may waive  5,483        

in writing all claim to any benefits and such waiver shall         5,484        

thereby put in effect the succession of beneficiaries under        5,485        

division (C) of this section, provided the beneficiary thereunder  5,486        

is immediately eligible and agrees in writing to accept survivor   5,487        

benefits as provided by section 3307.49 3307.66 of the Revised     5,488        

Code.  If the accumulated contributions of a deceased member are   5,490        

not claimed by a beneficiary, or by the estate of the deceased     5,491        

member, within ten years, they shall be transferred to the         5,492        

guarantee fund and thereafter paid to such beneficiary or to the   5,493        

member's estate upon application to the board.  The board shall    5,494        

formulate and adopt rules governing all designations of            5,495        

beneficiaries.                                                     5,496        

      (C)  Except as provided in division (G)(1) of section        5,498        

3307.49 3307.66 of the Revised Code, if a member dies before       5,499        

service retirement and is not survived by a designated             5,502        

beneficiary, any beneficiaries shall qualify, in the following     5,503        

order of precedence, with all attendant rights and privileges:     5,504        

      (1)  Surviving spouse;                                       5,506        

      (2)  Children, share and share alike;                        5,508        

      (3)  A dependent parent, if that parent elects to take       5,510        

survivor benefits under division (C)(2) of section 3307.49         5,511        

3307.66 of the Revised Code;                                       5,513        

      (4)  Parents, share and share alike;                         5,515        

      (5)  Estate.                                                 5,517        

      If any survivor dies before payment is made under this       5,519        

section or is not located prior to the ninety-first day after the  5,520        

                                                          118    


                                                                 
board receives notification of the member's death, the survivor    5,521        

next in order of precedence shall qualify as a beneficiary,        5,522        

provided that benefits under division (C)(2) of section 3307.49    5,523        

3307.66 of the Revised Code are elected.  In the event that the    5,524        

beneficiary originally determined is subsequently located, the     5,525        

beneficiary may qualify for benefits under division (C)(2) of      5,526        

section 3307.49 3307.66 of the Revised Code upon meeting the       5,527        

conditions of eligibility set forth in division (B) of that        5,529        

section, but in no case earlier than the first day of the month    5,530        

following application by such beneficiary.  Any payment made to a  5,531        

beneficiary as determined by the board shall be a full discharge   5,532        

and release to the board from any future claims.                   5,533        

      (D)  Any amount due any person, as an annuitant, receiving   5,535        

a monthly benefit, and unpaid to the annuitant at death, shall be  5,537        

paid to the beneficiary named by written designation signed by                  

the annuitant and filed with the board.  If no such designation    5,539        

has been filed, or if the beneficiary designated is deceased or                 

is not located prior to the ninety-first day after the board       5,540        

receives notification of the annuitant's death, such amount shall  5,541        

be paid, in the following order of precedence to the annuitant's:  5,542        

      (1)  Surviving spouse;                                       5,544        

      (2)  Children, share and share alike;                        5,546        

      (3)  Parents, share and share alike;                         5,548        

      (4)  Estate.                                                 5,550        

      For purposes of this division an "annuitant" is the last     5,552        

person who received a monthly benefit pursuant to the plan of      5,553        

payment selected by the former member.  Such payment shall be a    5,554        

full discharge and release to the board from any future claim for  5,555        

such payment.                                                      5,556        

      (E)  If the validity of marriage cannot be established to    5,558        

the satisfaction of the board for the purpose of disbursing any    5,559        

amount due under this section or section 3307.49 3307.66 of the    5,561        

Revised Code, the board may accept a decision rendered by a court  5,562        

having jurisdiction in the state in which the member was           5,563        

                                                          119    


                                                                 
domiciled at the time of death that the relationship constituted   5,564        

a valid marriage at the time of death, or the "spouse" would have  5,565        

the same status as a widow or widower for purposes of sharing the  5,566        

distribution of the member's intestate personal property.          5,567        

      If the death of a member is caused by one of the following   5,570        

beneficiaries, no amount due under this chapter to the             5,571        

beneficiary shall be paid to the beneficiary in the absence of a   5,572        

court order to the contrary filed with the board:                  5,573        

      (1)  A beneficiary who is convicted of, pleads guilty to,    5,575        

or is found not guilty by reason of insanity of a violation of or  5,577        

complicity in the violation of either of the following:            5,578        

      (a)  Section 2903.01, 2903.02, or 2903.03 of the Revised     5,581        

Code;                                                                           

      (b)  An existing or former law of any other state, the       5,584        

United States, or a foreign nation that is substantially           5,586        

equivalent to section 2903.01, 2903.02, or 2903.03 of the Revised  5,588        

Code;                                                              5,589        

      (2)  A beneficiary who is indicted for a violation of or     5,591        

complicity in the violation of the sections or laws described in   5,592        

division (F)(1)(a) or (b) of this section and is adjudicated       5,594        

incompetent to stand trial;                                                     

      (3)  A beneficiary who is a juvenile found to be a           5,596        

delinquent child by reason of committing an act that, if           5,597        

committed by an adult, would be a violation of or complicity in    5,598        

the violation of the sections or laws described in division        5,600        

(F)(1)(a) or (b) of this section.                                  5,601        

      Sec. 3307.80 3307.563.  For the purposes of this section,    5,610        

"service credit" includes only service credit obtained pursuant    5,612        

to sections 3307.28 3307.53, 3307.31 3307.71, 3307.512 3307.72,    5,614        

and 3307.73 3307.77 of the Revised Code.                                        

      (A)  The state teachers retirement system shall add to a     5,616        

member's accumulated contributions to be paid under section        5,617        

3307.46 3307.56 or 3307.48 3307.562 of the Revised Code an amount  5,620        

paid from the employers' trust fund equal to one of the                         

                                                          120    


                                                                 
following:                                                                      

      (1)  If the member has less than three full years of         5,622        

service credit, an amount equal to interest on the member's        5,623        

accumulated contributions, compounded annually, at a rate not      5,625        

greater than four per cent established by the board;                            

      (2)  If the member has three or more full years of service   5,627        

credit, but less than five full years, an amount equal to          5,628        

interest on the member's accumulated contributions, compounded     5,630        

annually, at a rate not greater than six per cent established by                

the board;                                                         5,631        

      (3)  If the member has five or more full years of service    5,633        

credit, the sum of the following amounts:                          5,634        

      (a)  An amount equal to interest on the member's             5,636        

accumulated contributions, compounded annually, at a rate not      5,638        

greater than six per cent established by the board;                5,639        

      (b)  An amount equal to fifty per cent of the sum of the     5,641        

member's contributions and payments under sections 3307.28         5,642        

3307.26, 3307.51 3307.71, and 3307.512 3307.77 of the Revised      5,644        

Code plus an amount equal to interest on that amount at a rate     5,645        

not greater than six per cent established by the board.            5,647        

      Interest for each year included in the calculation under     5,649        

this section shall be calculated from the first day of the         5,650        

following year to the last day of the month preceding payment      5,652        

under section 3307.46 3307.56 or 3307.48 3307.562 of the Revised   5,653        

Code.                                                                           

      (B)  Notwithstanding sections 3307.46 3307.56 and 3307.48    5,656        

3307.562 of the Revised Code, neither the beneficiaries,           5,657        

survivors, nor estate of a deceased member who was granted                      

disability benefits prior to death is eligible for the payment of  5,658        

any amount calculated under this section.                          5,659        

      Sec. 3307.41 3307.57.  To coordinate and integrate           5,668        

membership in the state retirement systems, the following          5,670        

provisions apply:                                                               

      (A)  As used in this section:                                5,672        

                                                          121    


                                                                 
      (1)  "Retirement systems" means the public employees         5,674        

retirement system, the state teachers retirement system, and the   5,675        

school employees retirement system.                                5,676        

      (2)  In addition to the meaning given in division (L) of     5,678        

section 3307.01 3307.50 of the Revised Code, "disability benefit"  5,680        

means "disability benefit" as defined in sections 145.01 and       5,681        

3309.01 of the Revised Code.                                       5,682        

      (B)  At the member's option OF A MEMBER PARTICIPATING IN     5,684        

THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED   5,685        

CODE, total contributions and service credit in all retirement     5,686        

systems, including amounts paid to restore service credit under    5,687        

sections 145.311, 3307.282, and 3309.261 of the Revised Code,      5,688        

shall be used in determining the eligibility for benefits.  If     5,689        

total contributions and service credit are combined, the           5,690        

following provisions apply:                                                     

      (1)  Service retirement or a disability benefit is           5,692        

effective on the first day of the month next following the later   5,693        

of:                                                                5,694        

      (a)  The last day for which compensation was paid;           5,696        

      (b)  The attainment of minimum age or service credit for     5,698        

benefits provided under this section.                              5,699        

      (2)  "Total service credit" includes the total credit in     5,701        

all retirement systems except that such credit shall not exceed    5,702        

one year for any period of twelve months.                          5,703        

      (3)  In determining eligibility for a disability benefit,    5,705        

the medical examiner's report to the board of any retirement       5,706        

system, showing that the member's disability incapacitates the     5,707        

member for the performance of duty, may be accepted as sufficient  5,709        

for granting a disability benefit.                                 5,710        

      (4)  The retirement system in which the member had the       5,712        

greatest service credit, without adjustment, shall determine and   5,713        

pay the total benefit.  If the member's credit is equal in two or  5,715        

more retirement systems, the system having the member's largest    5,716        

total contributions shall determine and pay the total benefit.     5,717        

                                                          122    


                                                                 
      (5)  In determining the total credit to be used in           5,719        

calculating a benefit, credit shall not be reduced below that      5,720        

certified by the system or systems transferring credit, except     5,721        

that such total combined service credit shall not exceed one year  5,722        

of credit for any one "year" as defined in the statute governing   5,723        

the system making the calculation.                                 5,724        

      (6)  The retirement system determining and paying the        5,726        

benefit shall receive from the other system or systems the         5,727        

member's refundable account at retirement or the effective date    5,728        

of a disability benefit plus an equal amount from the employers'   5,729        

trust fund.                                                        5,730        

      (a)  The annuity rates and mortality tables of the           5,732        

retirement system making the calculation and paying the benefit    5,733        

shall be applicable.                                               5,734        

      (b)  Deposits made for the purchase of additional income,    5,736        

with guaranteed interest, upon the member's request, shall be      5,737        

transferred to the retirement system paying the regular benefit.   5,738        

The return upon such deposits shall be that offered by the         5,739        

retirement system making the calculation and paying the regular    5,740        

benefit.                                                           5,741        

      (C)  A person receiving a benefit under this section, who    5,743        

accepts employment amenable to coverage in any retirement system   5,744        

that participated in the person's combined benefit, shall be       5,745        

subject to the applicable provisions of law governing such         5,747        

re-employment.  If the person is subject to section 3307.381       5,748        

3307.35 of the Revised Code and exceeds the limits on              5,749        

re-employment established by that section, the retirement system   5,750        

paying a combined benefit shall terminate the entire pension       5,751        

portion of the benefit for the period of re-employment that        5,752        

exceeds the limit in that section.                                              

      If a retirant should be paid any amount to which the         5,754        

retirant is not entitled under the applicable provisions of law    5,756        

governing such re-employment, such amount shall be recouped by     5,757        

the retirement system paying such benefit by utilizing any         5,758        

                                                          123    


                                                                 
recovery procedure available under the law of the retirement       5,759        

system covering such re-employment.                                5,760        

      Sec. 3307.38 3307.58.  Any member PARTICIPATING IN THE PLAN  5,769        

DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE who   5,770        

has five years of service credit and has attained age sixty, or    5,772        

who has twenty-five years of service credit and has attained age   5,773        

fifty-five, or who has thirty years of service credit shall be     5,774        

granted service retirement after filing with the state teachers    5,775        

retirement board a completed application on a form approved by     5,776        

the board.                                                                      

      (A)  Service retirement shall be effective on the first day  5,778        

of the month next following the later of:                          5,779        

      (1)  The last day for which compensation was paid; or        5,781        

      (2)  The attainment of minimum age or service credit         5,783        

eligibility for benefits provided under this section.              5,784        

      Except as otherwise provided in division (D)(E) of this      5,786        

section, the service retirement benefit shall be the greater of    5,787        

the benefits provided in divisions (B) and (C)(D) of this          5,788        

section.                                                           5,789        

      (B)(1)  Subject to any adjustment made under division        5,791        

(B)(2)(C) of this section, the annual single lifetime benefit of   5,793        

a member shall be the greater of the amounts determined by the     5,794        

member's Ohio service credit multiplied by one of the following:   5,796        

      (a)(1)  Eighty-six dollars;                                  5,798        

      (b)  Two (2)(a)  THE SUM OF THE FOLLOWING AMOUNTS:           5,800        

      (i)  FOR EACH OF THE FIRST THIRTY YEARS OF OHIO SERVICE      5,802        

CREDIT, TWO and one-tenth TWO-TENTHS per cent of the member's      5,804        

final average salary, except that OR, SUBJECT TO THE LIMITATION    5,806        

DESCRIBED IN DIVISION (B)(2)(b) OF THIS SECTION, TWO AND           5,807        

FIVE-TENTHS PER CENT OF THE MEMBER'S FINAL AVERAGE SALARY IF THE   5,808        

MEMBER HAS THIRTY-FIVE OR MORE YEARS OF SERVICE CREDIT UNDER       5,809        

SECTION 3307.53, 3307.57, 3307.75, 3307.751, 3307.752, 3307.761,   5,811        

3307.77, OR 3307.771 OF THE REVISED CODE, DIVISION (A)(2) OR (B)   5,812        

OF FORMER SECTION 3307.513 OF THE REVISED CODE, FORMER SECTION     5,813        

                                                          124    


                                                                 
3307.514 OF THE REVISED CODE, SECTION 3307.72 OF THE REVISED CODE  5,814        

EARNED AFTER JULY 1, 1978, OR ANY COMBINATION OF SERVICE CREDIT    5,815        

UNDER THOSE SECTIONS;                                                           

      (ii)  FOR EACH YEAR OR FRACTION OF A YEAR OF OHIO SERVICE    5,817        

CREDIT IN EXCESS OF THIRTY YEARS, TWO AND TWO-TENTHS PER CENT OF   5,819        

THE MEMBER'S FINAL AVERAGE SALARY OR, SUBJECT TO THE LIMITATION    5,821        

DESCRIBED IN DIVISION (B)(2)(b) OF THIS SECTION, if the member     5,823        

has more than thirty years service credit earned under section     5,824        

3307.31 or purchased under section 3307.512 3307.53, 3307.57,      5,828        

3307.75, 3307.751, 3307.752, 3307.761, 3307.77, OR 3307.771 of     5,829        

the Revised Code, the per cent shall be DIVISION (A)(2) OR (B) OF  5,831        

FORMER SECTION 3307.513 OF THE REVISED CODE, FORMER SECTION        5,832        

3307.514 OF THE REVISED CODE, SECTION 3307.72 OF THE REVISED CODE               

EARNED AFTER JULY 1, 1978, OR ANY COMBINATION OF SERVICE CREDIT    5,833        

UNDER THOSE SECTIONS, the per cent OF FINAL AVERAGE SALARY shown   5,835        

in the following schedule times the member's final average salary  5,837        

for each corresponding year or fraction of a year of service       5,838        

credit earned or purchased under those sections that is in excess  5,840        

of thirty years:                                                                

     Year             Per              Year             Per        5,843        

      of              Cent              of              Cent       5,844        

   Service          for that         Service          for that     5,846        

    Credit            Year            Credit            Year       5,847        

30.01-3100 31.00      2.5%        37.01-3800 38.00      3.2%       5,849        

31.01-3200 32.00      2.6         38.01-3900 39.00      3.3        5,851        

 32.01-33.00          2.7          39.01-40.00          3.4        5,852        

 33.01-34.00          2.8          40.01-41.00          3.5        5,853        

 34.01-35.00          2.9          41.01-42.00          3.6        5,854        

 35.01-36.00          3.0          42.01-43.00          3.7        5,855        

 36.01-37.00          3.1                                          5,856        

For purposes of this schedule, years of service credit shall be    5,860        

rounded to the nearest one-hundredth of a year.                                 

      (b)  FOR PURPOSES OF DIVISION (B)(2)(a) OF THIS SECTION, A   5,863        

PERCENTAGE OF FINAL AVERAGE SALARY IN EXCESS OF TWO AND            5,864        

                                                          125    


                                                                 
TWO-TENTHS PER CENT SHALL BE APPLIED TO SERVICE CREDIT UNDER       5,865        

SECTION 3307.57 OR 3307.761 OF THE REVISED CODE ONLY IF THE        5,866        

SERVICE CREDIT WAS ESTABLISHED BY CONTRIBUTIONS MADE UNDER         5,867        

SECTION 145.47, 742.31, 3309.47, 3309.58, OR 5505.15 OF THE        5,868        

REVISED CODE OR RESTORED UNDER SECTION 145.31, 742.371, 3309.26,   5,869        

OR 5505.20 OF THE REVISED CODE.                                                 

      (2)(C)  The annual single lifetime benefit of a member       5,871        

determined under division (B)(1) of this section shall be          5,872        

adjusted by the greater per cent shown in the following schedule   5,873        

opposite the member's attained age or Ohio service credit.         5,874        

                         Years of               Per Cent           5,876        

Attained      or        Ohio Service            of Base            5,877        

  Age                     Credit                 Amount            5,878        

  58                        25                    75%              5,879        

  59                        26                    80               5,880        

  60                        27                    85               5,881        

  61                                              88               5,882        

                            28                    90               5,883        

  62                                              91               5,884        

  63                                              94               5,885        

                            29                    95               5,886        

  64                                              97               5,887        

  65                    30 or more               100               5,888        

      Members shall vest the right to a benefit in accordance      5,891        

with the following schedule, based on the member's attained age    5,892        

by September 1, 1976:                                              5,893        

                                             Per Cent              5,895        

        Attained                             of Base               5,896        

          Age                                 Amount               5,897        

           66                                  102%                5,899        

           67                                  104                 5,900        

           68                                  106                 5,901        

           69                                  108                 5,902        

       70 or more                              110                 5,903        

                                                          126    


                                                                 
      (3)  The annual single lifetime benefit determined under     5,906        

this division (B) OF THIS SECTION shall not exceed the lesser of   5,908        

one hundred per cent of the final average salary or the limit      5,910        

established by section 415 of the "Internal Revenue Code of        5,911        

1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended.                5,912        

      (C)(D)  The annual single lifetime benefit of a member       5,914        

shall not exceed the lesser of the sum of the following amounts    5,915        

or the limit established by section 415 of the "Internal Revenue   5,916        

Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended:        5,917        

      (1)  An annuity with a reserve equal to the member's         5,919        

accumulated contributions;                                         5,920        

      (2)  A pension equal to the amount in division (C)(D)(1) of  5,922        

this section;                                                      5,923        

      (3)  An additional pension of forty dollars annually         5,925        

multiplied by the number of years of prior and military service    5,926        

credit, except years of credit purchased under section 3307.021    5,927        

3307.751 OR 3307.752 of the Revised Code;                          5,930        

      (4)  An additional basic annual pension of one hundred       5,932        

eighty dollars, provided the member had ten or more years of Ohio  5,933        

service credit as of October 1, 1956, except that the additional   5,935        

basic annual pension shall not exceed the sum of the annual                     

benefits provided by divisions (C)(D)(1), (2), and (3) of this     5,936        

section.                                                           5,937        

      (D)(E)  Benefits determined under this section shall be      5,939        

paid as provided in section 3307.50 3307.60 of the Revised Code.   5,940        

      Sec. 3307.39 3307.59.  (A)  A recipient of a disability      5,949        

allowance under section 3307.431 3307.631 of the Revised Code who  5,951        

is subject to division (C)(3) of that section may make             5,953        

application for service retirement under this section.             5,954        

Retirement shall be effective on the first day of the first month  5,955        

following the last day for which the disability allowance is       5,956        

paid.                                                                           

      (B)  The annual allowance payable under this section shall   5,958        

consist of the sum of the amounts determined under divisions       5,959        

                                                          127    


                                                                 
(B)(1) and (2) of this section:                                    5,960        

      (1)  The greater of the following:                           5,962        

      (a)  An allowance calculated as provided in section 3307.38  5,964        

3307.58 of the Revised Code, excluding any period during which     5,965        

the applicant received a disability benefit under section          5,966        

3307.431 3307.631 of the Revised Code;                             5,968        

      (b)  An allowance calculated by multiplying the applicant's  5,970        

total service credit, including service credit for the last        5,971        

continuous period during which he THE APPLICANT received a         5,972        

disability benefit under section 3307.431 3307.631 of the Revised  5,974        

Code, by two and one-tenth TWO-TENTHS per cent of his THE          5,975        

APPLICANT'S final average salary, except that the allowance shall  5,978        

be determined without application of division (B) of section       5,979        

3307.013 3307.501 of the Revised Code and shall not exceed         5,980        

forty-five per cent of the applicant's final average salary.       5,981        

      (2)  An amount equal to the additional allowance the         5,983        

recipient would receive under section 3307.403 3307.67 of the      5,984        

Revised Code, plus any other additional amount he THE RECIPIENT    5,986        

would receive under this chapter, had he THE RECIPIENT retired     5,988        

under section 3307.38 3307.58 of the Revised Code effective on     5,990        

the effective date of his THE RECIPIENT'S most recent continuous   5,992        

period of receipt of a disability benefit under section 3307.431   5,993        

3307.631 of the Revised Code.                                                   

      (C)  The allowance calculated under division (B) of this     5,995        

section, exclusive of any amount added under division (B)(2) of    5,996        

this section based on section 3307.403 3307.67 of the Revised      5,997        

Code, shall be the base for all future additional allowances       5,999        

under section 3307.403 3307.67 of the Revised Code.                6,000        

      The anniversary date for future additional allowances under  6,002        

section 3307.403 3307.67 of the Revised Code shall be the          6,003        

effective date of the recipient's most recent continuous period    6,005        

of receipt of a disability benefit under section 3307.431          6,006        

3307.631 of the Revised Code.                                      6,007        

      (D)  The retirement allowance determined under this section  6,009        

                                                          128    


                                                                 
shall be paid as provided in section 3307.38 3307.58 of the        6,010        

Revised Code.                                                      6,011        

      Sec. 3307.50 3307.60.  (A)  Upon application for retirement  6,020        

as provided in section 3307.38 3307.58 or 3307.39 3307.59 of the   6,022        

Revised Code, the retirant may elect to receive a single lifetime  6,023        

benefit, or may elect to receive the actuarial equivalent of the   6,025        

retirant's benefit in a lesser amount, payable for life, and       6,026        

continuing after death to a beneficiary under one of the           6,028        

following optional plans:                                                       

      (1)  Option 1.  The retirant's lesser benefit shall be paid  6,030        

for life to the sole beneficiary named at retirement.              6,032        

      (2)  Option 2.  Some other portion of the retirant's         6,034        

benefit shall be paid for life to the sole beneficiary named at    6,036        

retirement.  The beneficiary's monthly amount shall not exceed     6,038        

the monthly amount payable to the retirant during the retirant's   6,039        

lifetime.                                                                       

      (3)  Option 3.  The retirant's lesser benefit established    6,041        

as provided under option 1 or option 2 shall be paid for life to   6,043        

the sole beneficiary named at retirement, except that in the       6,045        

event of the death of the sole beneficiary or termination of a     6,046        

marital relationship between the retirant and the sole             6,047        

beneficiary the retirant may elect to return to a single lifetime  6,048        

benefit equivalent as determined by the state teachers retirement  6,049        

board, if, in the case of termination of a marital relationship,   6,051        

the election is made with the written consent of the beneficiary   6,052        

or pursuant to an order of the court with jurisdiction over        6,053        

termination of the marital relationship.                           6,054        

      (4)  Option 4.  Upon the retirant's death before the         6,056        

expiration of a certain period from the retirement date and        6,058        

elected by the retirant, and approved by the board, the            6,060        

retirant's benefit shall be continued for the remainder of such    6,062        

period to the beneficiary.  Monthly benefits shall not be paid to  6,063        

joint beneficiaries, but they may receive the present value of     6,064        

any remaining payments in a lump sum settlement.  If all           6,065        

                                                          129    


                                                                 
beneficiaries die before the expiration of the certain period,     6,066        

the present value of all payments yet remaining in such period     6,067        

shall be paid to the estate of the beneficiary last receiving.     6,068        

      (5)  Option 5.  A plan of payment established by the state   6,070        

teachers retirement board combining any of the features of         6,071        

options 1, 2, and 4.                                               6,072        

      (B)  Until the first payment is made to a former member      6,074        

under section 3307.38 3307.58 or 3307.39 3307.59 of the Revised    6,076        

Code, the former member may change the selection of a plan of      6,078        

payment.  If death occurs prior to an election of a plan of        6,080        

payment, option 1 shall be paid to the spouse or other sole        6,081        

dependent beneficiary.                                                          

      (C)  If the total benefit paid under this section is less    6,083        

than the balance in the teachers' savings fund, the difference     6,085        

shall be paid to the beneficiary provided under division (D) of    6,086        

section 3307.48 3307.562 of the Revised Code.                      6,087        

      (D)  In the case of a retirant who elected an optional plan  6,089        

prior to September 15, 1989:                                       6,090        

      (1)  The death of the spouse or other designated             6,092        

beneficiary following retirement shall, at the election of the     6,093        

retirant, cancel any optional plan selected at retirement to       6,094        

provide continuing lifetime benefits to the spouse or other        6,095        

beneficiary and return the retirant to a single lifetime benefit   6,097        

equivalent as determined by the board.                                          

      (2)  A divorce, annulment, or marriage dissolution shall,    6,099        

at the election of the retirant, cancel any optional plan          6,100        

selected at retirement to provide continuing lifetime benefits to  6,101        

the spouse as designated beneficiary and return the retirant to a  6,103        

single lifetime benefit equivalent as determined by the board if   6,105        

the election is made with the written consent of the beneficiary   6,106        

or pursuant to an order of a court of common pleas or the court    6,107        

of another state with jurisdiction over the termination of the     6,108        

marriage.                                                                       

      (E)  Following marriage or remarriage, a retirant may elect  6,110        

                                                          130    


                                                                 
a new optional plan of payment based on the actuarial equivalent   6,111        

of the retirant's single lifetime benefit, as determined by the    6,113        

board, except that if the retirant is receiving a retirement       6,114        

allowance under an optional plan that provides for continuation    6,115        

of benefits after death to a former spouse, the retirant may       6,116        

elect a new optional plan of payment only with the written         6,117        

consent of the former spouse or pursuant to an order of the court  6,118        

with jurisdiction over the termination of the marriage.  Such      6,119        

plan shall become effective the first of the month following an    6,120        

application on a form approved by the board.                       6,121        

      (F)(1)  Unless one of the following occurs, an application   6,123        

for service retirement made pursuant to section 3307.38 3307.58    6,124        

or 3307.39 3307.59 of the Revised Code by a married person shall   6,126        

be considered an election of a benefit under option 2 as provided  6,127        

for in division (A)(2) of this section under which one-half of     6,128        

the lesser benefit payable during the life of the retirant will    6,129        

be paid after death to the retirant's spouse for life as sole      6,130        

beneficiary:                                                                    

      (a)  The retirant selects an optional plan under division    6,132        

(A) of this section providing for payment after death to the       6,134        

retirant's spouse for life as sole beneficiary of more than        6,135        

one-half of the lesser benefit payable during the life of the      6,136        

retirant.                                                                       

      (b)  The retirant submits to the retirement board a written  6,138        

statement signed by the spouse attesting that the spouse consents  6,139        

to the retirant's election to receive a single lifetime annuity    6,142        

or a payment under an optional benefit plan under which after the  6,143        

death of the retirant the surviving spouse will receive less than  6,144        

one-half of the lesser benefit payable during the life of the      6,145        

retirant.                                                                       

      (2)  An application for retirement shall include an          6,147        

explanation of all of the following:                               6,148        

      (a)  That, if the member is married, unless the spouse       6,151        

consents to another plan of payment, the member's retirement       6,152        

                                                          131    


                                                                 
allowance will be paid under "option 2" and consist of the         6,153        

actuarial equivalent of the member's retirement allowance in a     6,154        

lesser amount payable for life and one-half of the lesser          6,155        

allowance continuing after death to the surviving spouse for the                

life of the spouse;                                                6,156        

      (b)  A description of the alternative plans of payment       6,159        

available with the consent of the spouse;                                       

      (c)  That the spouse may consent to another plan of payment  6,162        

and the procedure for giving consent;                                           

      (d)  That consent is irrevocable once notice of consent is   6,164        

filed with the board.                                              6,165        

      Consent shall be valid only if it is signed, in writing,     6,167        

and witnessed by a notary public.                                  6,168        

      (3)  If the retirant does not select an optional plan of     6,170        

payment as described in division (F)(1)(a) of this section and     6,171        

the board does not receive the written statement provided for in   6,172        

division (F)(1)(b) of this section, it shall determine and pay     6,173        

the retirement allowance in accordance with this division, except  6,175        

that the board may provide by rule for waiver by the board of the  6,176        

statement and payment of the benefits other than in accordance     6,177        

with this division or payment under section 3307.46 3307.56 of     6,178        

the Revised Code if the retirant is unable to obtain the           6,181        

statement due to absence or incapacity of the spouse or other      6,182        

cause specified by the board.                                      6,183        

      (G)  For the purpose of determining actuarial equivalence    6,185        

under this section, on the advice of an actuary employed by the    6,186        

board, the board shall adopt mortality tables that may take into   6,187        

consideration the membership experience of the state teachers      6,188        

retirement system and may also include the membership experience   6,189        

of the public employees retirement system and the school           6,190        

employees retirement system.                                       6,191        

      Sec. 3307.405 3307.61.  The board of the state teachers      6,200        

retirement system BOARD shall make available to each member or     6,202        

former member receiving a monthly allowance or benefit UNDER       6,204        

                                                          132    


                                                                 
SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE on or after        6,205        

January 1, 1968, who has attained the age of sixty-five years,     6,206        

and who is not eligible to receive hospital insurance benefits     6,207        

under the federal old age, survivors, and disability insurance     6,208        

program, hospital insurance coverage substantially equivalent to   6,209        

the federal hospital insurance benefits, Social Security           6,210        

Amendments of 1965, 79 Stat. 291, 42 U.S.C.A. 1395c, as amended.   6,211        

This coverage shall also be made available, to the wife, husband,  6,212        

widow, or widower of such member or former member, provided such   6,213        

wife, husband, widow, or widower has attained age sixty-five and   6,214        

is not eligible to receive hospital insurance benefits under the   6,215        

federal old age, survivors, and disability insurance program.      6,216        

The widow or widower of a member or former member shall be         6,217        

eligible for such coverage only if he or she is the recipient of   6,218        

a monthly allowance or benefit from this system.  One-half of the  6,219        

cost of the premium for such coverage shall be paid from the       6,220        

appropriate funds of the state teachers retirement system and      6,221        

one-half by the recipient of the allowance or benefit.             6,222        

      The cost of such coverage, paid from the funds of the        6,224        

system, shall be included in the employer's contribution rate      6,225        

provided by sections 3307.53 3307.28, 3307.56 3307.30, and         6,227        

3307.64 3307.31 of the Revised Code.  The retirement board is      6,228        

authorized to make all necessary rules pursuant to the purpose     6,229        

and intent of this section, and shall contract for such coverage   6,230        

as provided in section 3307.74 3307.39 of the Revised Code.        6,232        

      Notwithstanding sections 3307.53 3307.28, 3307.56 3307.30,   6,235        

and 3307.64 3307.31 of the Revised Code, the employer's            6,236        

contribution rate shall not be increased until July 1, 1969, or    6,237        

later to reflect the increased costs created by this section.      6,238        

      Sec. 3307.42 3307.62.  (A)  The state teachers retirement    6,247        

system shall provide disability coverage to each member            6,249        

PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO         6,250        

3307.79 OF THE REVISED CODE who has at least five years of total   6,251        

service credit.                                                                 

                                                          133    


                                                                 
      Not later than October 16, 1992, the state teachers          6,253        

retirement board shall give each person who is a member on July    6,254        

29, 1992, the opportunity to elect disability coverage either      6,256        

under FORMER section 3307.43 of the Revised Code or under FORMER   6,258        

section 3307.431 of the Revised Code.  The board shall mail        6,260        

notice of the election, accompanied by an explanation of the       6,261        

coverage under each of the Revised Code sections and a form on     6,262        

which the election is to be made, to each member at the member's   6,263        

last known address.  The board shall also provide the explanation               

and form to any member on the member's request.                    6,264        

      Regardless of whether the member actually receives notice    6,266        

of the right to make an election, a member who fails to file a     6,268        

valid election under this section shall be considered to have                   

elected disability coverage under section 3307.43 3307.63 of the   6,270        

Revised Code.  To be valid, an election must be made on the form   6,271        

provided by the retirement board, signed by the member, and filed  6,272        

with the board not later than one hundred eighty days after the    6,273        

date the notice was mailed, or, in the case of a form provided at  6,274        

the request of a member, a date specified by rule of the           6,275        

retirement board.  Once made, an election is irrevocable, but if   6,276        

the member ceases to be a member of the retirement system, the     6,277        

election is void.  If a person who makes an election under this    6,278        

section also makes an election under section 145.35 or 3309.39 of  6,279        

the Revised Code, the election made for the system that pays a     6,280        

disability benefit to that person shall govern the benefit.        6,281        

      Disability coverage shall be provided under section          6,283        

3307.431 3307.631 of the Revised Code for persons who become       6,284        

members after July 29, 1992, and for members who elect under this  6,287        

division to be covered under section 3307.431 3307.631 of the      6,289        

Revised Code.                                                                   

      The retirement board may adopt rules governing elections     6,291        

made under this division.                                          6,292        

      (B)  Application for a disability benefit may be made by a   6,294        

member, by a person acting in the member's behalf, or by the       6,295        

                                                          134    


                                                                 
member's employer, provided IF the member IS PARTICIPATING IN THE  6,297        

PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED       6,298        

CODE, has at least five years of total service credit, and has     6,301        

disability coverage under section 3307.43 3307.63 or 3307.431      6,302        

3307.631 of the Revised Code.  The application for a disability    6,304        

benefit shall be made on a form approved by the state teachers     6,305        

retirement board.  The benefit payable to any member whose         6,306        

application is approved shall become effective on the first day    6,307        

of the month next following the later of the following:                         

      (1)  The last day for which compensation was paid;           6,309        

      (2)  The attainment of eligibility for a disability          6,311        

benefit.                                                           6,312        

      (C)  Medical examination of the member shall be conducted    6,314        

by a competent, disinterested physician or physicians selected by  6,315        

the retirement board to determine whether the member is mentally   6,316        

or physically incapacitated for the performance of duty by a       6,317        

disabling condition, either permanent or presumed to be permanent  6,318        

for twelve continuous months following the filing of an            6,319        

application.  The disability must have occurred since last         6,321        

becoming a member, or it must have increased since last becoming   6,322        

a member to such an extent as to make the disability permanent or  6,323        

presumably permanent for twelve continuous months following the    6,324        

filing of an application.                                          6,325        

      (D)  Application for a disability benefit must be made       6,327        

within two years from the date the member's contributing service   6,328        

terminated, unless the retirement board determines that the        6,329        

member's medical records demonstrate conclusively that at the      6,330        

time the two-year period expired, the member was physically or     6,331        

mentally incapacitated for duty as a teacher and unable to make    6,332        

application.  Application may not be made by any person receiving  6,333        

service retirement benefits under section 3307.38 3307.58 or       6,334        

3307.39 3307.59 of the Revised Code or any person who, pursuant    6,336        

to section 3307.46 3307.56 of the Revised Code, has been paid the  6,337        

accumulated contributions standing to the credit of the person's   6,339        

                                                          135    


                                                                 
individual account in the teachers' savings fund.                  6,340        

      (E)  If the physician or physicians determine that the       6,344        

member qualifies for a disability benefit, the retirement board    6,345        

concurs with the determination, and the member agrees to medical   6,346        

treatment as specified in division (G) of this section, the        6,347        

member shall receive a disability benefit under section 3307.43    6,348        

3307.63 or 3307.431 3307.631 of the Revised Code.  If such         6,350        

physician or physicians determine that the member does not         6,351        

qualify for a disability benefit, the report of the examiner or    6,352        

examiners shall be evaluated by a board of medical review          6,353        

composed of three physicians appointed by the retirement board.    6,354        

      (F)  The state teachers retirement board shall render an     6,356        

order determining whether or not the applicant shall be granted a  6,357        

disability benefit.  Notification to the applicant shall be        6,358        

issued, and upon the request of an applicant who is denied a       6,359        

disability benefit, a hearing or appeal relative to such order     6,360        

shall be conducted in accordance with procedures established by    6,361        

the retirement board.                                              6,362        

      (G)  The state teachers retirement board shall adopt rules   6,365        

requiring each disability benefit recipient, as a condition of     6,366        

continuing to receive a disability benefit, to agree in writing    6,367        

to obtain any medical treatment recommended by the board's         6,368        

physician and submit medical reports regarding the treatment.  If  6,370        

the board determines that a disability benefit recipient is not    6,371        

obtaining the medical treatment or the board does not receive a                 

required medical report, the disability benefit shall be           6,372        

suspended until the treatment is obtained, the report is received  6,374        

by the board, or the board's physician certifies that the          6,375        

treatment is no longer helpful or advisable.  Should the           6,377        

recipient's failure to obtain treatment or submit a medical                     

report continue for one year, the recipient's right to the         6,379        

disability benefit shall be terminated as of the effective date    6,380        

of the original suspension.                                                     

      (H)  If an employer files an application for a disability    6,382        

                                                          136    


                                                                 
benefit as a result of a member having been separated from         6,383        

service because the member is considered to be incapacitated for   6,385        

the performance of duty, and the board denies the disability                    

benefit, the board shall so certify to the employer and such THE   6,386        

employer shall restore the member to the member's previous         6,388        

position and salary or to a similar position and salary.           6,389        

      Sec. 3307.43 3307.63.  A member PARTICIPATING IN THE PLAN    6,399        

DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE who   6,400        

has elected disability coverage under this section, has, not       6,402        

attained age sixty, and is determined by the state teachers        6,404        

retirement board under section 3307.42 3307.62 of the Revised      6,406        

Code to qualify for a disability benefit shall be retired on       6,407        

disability under this section.                                                  

      Upon disability retirement, a member shall receive an        6,409        

annual amount that shall consist of:                               6,410        

      (A)  An annuity having a reserve equal to the amount of the  6,412        

member's accumulated contributions at that time;                   6,413        

      (B)  A pension that shall be the difference between the      6,415        

annuity and an annual amount determined by multiplying the number  6,416        

of years of Ohio service credit of such member, and in addition    6,417        

the number of years and fraction of a year between the effective   6,418        

date of his THE MEMBER'S disability retirement and the date he     6,420        

THE MEMBER attained age sixty, assuming continuous service, by     6,421        

eighty-six dollars, or by two per cent of his THE MEMBER'S final   6,422        

average salary, whichever is greater. Such disability retirement   6,424        

shall not be less than thirty per cent nor more than seventy-five  6,425        

per cent of his THE MEMBER'S final average salary, except that it  6,427        

shall not exceed any limit to which the retirement system is       6,428        

subject under section 415 of the "Internal Revenue Code of 1986,"  6,429        

100 Stat. 2085, 26 U.S.C.A. 415, as amended.                                    

      If the member is not receiving a disability benefit under    6,431        

section 3307.41 3307.57 of the Revised Code, but is receiving a    6,433        

disability benefit from either the public employees retirement     6,434        

system or the school employees retirement system, then such        6,435        

                                                          137    


                                                                 
member shall not be eligible for service credit based upon the     6,436        

number of years and fractions thereof between the date of          6,437        

disability and the date he THE MEMBER attained age sixty as        6,438        

otherwise provided in this section.                                6,440        

      A disability retirant under this section whose disability    6,442        

retirement has been terminated, when eligible, may apply for       6,443        

service retirement provided by section 3307.38 3307.58 of the      6,444        

Revised Code.                                                      6,446        

      Sec. 3307.431 3307.631.  (A)  A member with PARTICIPATING    6,456        

IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE                     

REVISED CODE WHO HAS disability coverage under this section who    6,458        

AND is determined by the state teachers retirement board under     6,459        

section 3307.42 3307.62 of the Revised Code to qualify for a       6,461        

disability benefit shall receive a disability allowance under      6,462        

this section.  The allowance shall be an annual amount equal to    6,463        

the greater of the following:                                                   

      (1)  Forty-five per cent of the member's final average       6,465        

salary;                                                            6,466        

      (2)  The member's total service credit multiplied by two     6,468        

and one-tenth TWO-TENTHS per cent of his THE MEMBER'S final        6,470        

average salary, not exceeding sixty per cent of his THE MEMBER'S   6,472        

final average salary.                                                           

      (B)  Sufficient reserves for payment of the disability       6,474        

allowance shall be transferred to the annuity and pension reserve  6,475        

fund from the employers' trust fund.  The accumulated              6,476        

contributions of the member shall remain in the teachers' savings  6,477        

fund.  No part of the allowance paid under this section shall be   6,478        

charged against the member's accumulated contributions.            6,479        

      (C)  A disability allowance paid under this section shall    6,481        

terminate at the earliest of the following:                        6,482        

      (1)  The effective date of service retirement under section  6,484        

3307.38 3307.57 or 3307.41 3307.58 of the Revised Code;            6,486        

      (2)  The date the allowance is terminated under section      6,488        

3307.44 3307.64 of the Revised Code;                               6,489        

                                                          138    


                                                                 
      (3)  The later of the last day of the month in which the     6,491        

recipient attains age sixty-five, or the last day of the month in  6,492        

which the benefit period ends as follows:                          6,493        

    Attained Age at Effective Date                                 6,495        

      of Disability Allowance          Benefit Period              6,496        

           60 or 61                       60 months                6,497        

           62 or 63                       48 months                6,498        

           64 or 65                       36 months                6,499        

           66, 67, or 68                  24 months                6,500        

           69 or older                    12 months                6,501        

      Sec. 3307.44 3307.64.  A disability benefit recipient,       6,511        

notwithstanding section 3319.13 of the Revised Code, shall retain  6,512        

membership in the state teachers retirement system and shall be    6,513        

considered on leave of absence during the first five years         6,515        

following the effective date of a disability benefit.                           

      The state teachers retirement board shall require any        6,517        

disability benefit recipient to submit to an annual medical        6,519        

examination by a physician selected by the board, except that the  6,520        

board may waive the medical examination if the board's physician   6,521        

certifies that the recipient's disability is ongoing.  If a        6,522        

disability benefit recipient refuses to submit to a medical        6,524        

examination, the recipient's disability benefit shall be                        

suspended until the recipient withdraws the refusal.  If the       6,526        

refusal continues for one year, all the recipient's rights under   6,528        

and to the disability benefit shall be terminated as of the        6,529        

effective date of the original suspension.                         6,530        

      After the examination, the examiner shall report and         6,533        

certify to the board whether the disability benefit recipient is   6,534        

no longer physically and mentally incapable of resuming the        6,535        

service from which the recipient was found disabled.  If the       6,537        

board concurs in a report by the examining physician that the      6,539        

disability benefit recipient is no longer incapable, the payment   6,541        

of a disability benefit shall be terminated not later than the     6,542        

following thirty-first day of August or upon employment as a       6,543        

                                                          139    


                                                                 
teacher prior thereto.  If the leave of absence has not expired,   6,544        

the board shall so certify to the disability benefit recipient's   6,545        

last employer before being found disabled that the recipient is    6,546        

no longer physically and mentally incapable of resuming service    6,548        

that is the same or similar to that from which the recipient was   6,549        

found disabled.  If the recipient was under contract at the time   6,551        

the recipient was found disabled, the employer by the first day    6,553        

of the next succeeding year shall restore the recipient to the     6,554        

recipient's previous position and salary or to a position and      6,555        

salary similar thereto, unless the recipient was dismissed or      6,557        

resigned in lieu of dismissal for dishonesty, misfeasance,         6,558        

malfeasance, or conviction of a felony.                            6,559        

      A disability benefit shall terminate if the disability       6,562        

benefit recipient becomes employed as a teacher in any public or   6,563        

private school or institution in this state or elsewhere.  An      6,564        

individual receiving a disability benefit from the state teachers  6,566        

retirement system shall be ineligible for any employment as a      6,567        

teacher and it shall be unlawful for any employer to employ the    6,568        

individual as a teacher.  If any employer should employ or         6,570        

reemploy the individual prior to the termination of a disability   6,571        

benefit, the employer shall file notice of employment with the     6,572        

state teachers retirement board designating the date of the        6,574        

employment.  If the individual should be paid both a disability    6,576        

benefit and also compensation for teaching service for all or any  6,577        

part of the same month, the secretary of the state teachers        6,578        

retirement board shall certify to the employer or to the                        

superintendent of public instruction the amount of the disability  6,579        

benefit received by the individual during the employment, which    6,581        

amount shall be deducted from any amount due the employing         6,582        

district under Chapter 3317. of the Revised Code or shall be paid  6,583        

by the employer to the annuity and pension reserve fund.           6,584        

      Each disability benefit recipient shall file with the board  6,588        

an annual statement of earnings, current medical information on    6,590        

the recipient's condition, and any other information required in   6,591        

                                                          140    


                                                                 
rules adopted by the board.  The board may waive the requirement   6,593        

that a disability benefit recipient file an annual statement of    6,594        

earnings or current medical information if the board's physician   6,595        

certifies that the recipient's disability is ongoing.              6,596        

      The board shall annually examine the information submitted   6,598        

by the recipient.  If a disability benefit recipient refuses to    6,599        

file the statement or information, the disability benefit shall    6,601        

be suspended until the statement and information are filed.  If    6,602        

the refusal continues for one year, the recipient's right to the   6,603        

disability benefit shall be terminated as of the effective date    6,604        

of the original suspension.                                        6,605        

      A disability benefit also may be terminated by the board at  6,607        

the request of the disability benefit recipient.                   6,608        

      If disability retirement under section 3307.43 3307.63 of    6,610        

the Revised Code is terminated for any reason, the annuity and     6,611        

pension reserves at that time in the annuity and pension reserve   6,612        

fund shall be transferred to the teachers' savings fund and the    6,613        

employers' trust fund, respectively.  If the total disability      6,614        

benefit paid was less than the amount of the accumulated           6,615        

contributions of the member transferred to the annuity and         6,616        

pension reserve fund at the time of the member's disability        6,617        

retirement, then the difference shall be transferred from the      6,618        

annuity and pension reserve fund to another fund as required.  In  6,619        

determining the amount of a member's account following the         6,620        

termination of disability retirement for any reason, the total     6,621        

amount paid shall be charged against the member's refundable       6,622        

account.                                                           6,623        

      If a disability allowance paid under section 3307.431        6,625        

3307.631 of the Revised Code is terminated for any reason, the     6,627        

reserve on the allowance at that time in the annuity and pension   6,628        

reserve fund shall be transferred from that fund to the            6,629        

employers' trust fund.                                                          

      If a former disability benefit recipient again becomes a     6,631        

contributor, other than as an other system retirant under section  6,632        

                                                          141    


                                                                 
3307.381 3307.35 of the Revised Code, to this retirement system,   6,634        

the school employees retirement system, or the public employees    6,635        

retirement system, and completes at least two additional years of  6,636        

service credit, the former disability benefit recipient shall      6,637        

receive credit for the period as a disability benefit recipient.   6,638        

      Sec. 3307.49 3307.66.  (A)  As used in this section,         6,647        

"physically or mentally incompetent" means incapable of earning a  6,649        

living because of a physically or mentally disabling condition.    6,650        

Physical or mental incompetency may be determined by a court or    6,651        

by a doctor of medicine or osteopathic medicine appointed by the   6,652        

state teachers retirement board.                                   6,653        

      (B)  For the purposes of this section:                       6,655        

      (1)  A qualified spouse is the surviving spouse of a         6,658        

deceased member of the state teachers retirement system            6,659        

PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO         6,660        

3307.79 OF THE REVISED CODE who is one of the following:           6,661        

      (a)  Age sixty-two or any age if the deceased member had     6,663        

ten or more years of Ohio service credit;                          6,664        

      (b)  Caring for a qualified child;                           6,666        

      (c)  Adjudged physically or mentally incompetent;            6,668        

      (d)  Any age if the deceased member was eligible for a       6,670        

service retirement allowance as provided in section 3307.38        6,671        

3307.58 of the Revised Code and the surviving spouse elects to     6,673        

receive a benefit under division (C)(1) of this section.           6,674        

      (2) A qualified child is the child of a deceased member      6,679        

PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO                      

3307.79 OF THE REVISED CODE who is both of the following:          6,680        

      (a)  Unmarried;                                              6,682        

      (b)  Under age eighteen, or under age twenty-two if          6,685        

attending an institution of learning or training pursuant to a     6,686        

program designed to complete in each school year the equivalent    6,687        

of at least two-thirds of the full-time curriculum requirements    6,688        

of such institution and as further determined by board policy, or  6,689        

any age if adjudged physically or mentally incompetent.            6,690        

                                                          142    


                                                                 
      (3)  A qualified parent is a dependent parent of a deceased  6,694        

member PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO               

3307.79 OF THE REVISED CODE who is age sixty-five or older.        6,695        

      (4)  A person is a "qualified survivor" if the person        6,697        

qualifies as a surviving spouse, child, or dependent parent.       6,700        

      (C)  Except as provided in division (G)(1) of this section,  6,703        

in lieu of accepting the payment of the accumulated account of a   6,704        

member PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO  6,705        

3307.79 OF THE REVISED CODE who dies before service retirement, a               

beneficiary, as determined in section 3307.48 3307.562 of the      6,706        

Revised Code, may elect to forfeit the accumulated account and to  6,708        

substitute benefits under this division.                           6,709        

      (1)  If a deceased member was eligible for a service         6,711        

retirement allowance as provided in section 3307.38 3307.58 or     6,712        

3307.39 3307.59 of the Revised Code, a surviving spouse or an      6,714        

individual designated as the member's sole beneficiary pursuant    6,715        

to division (B) of section 3307.48 3307.562 of the Revised Code    6,716        

who was a qualified child or dependent parent of the member or     6,718        

received one-half or more of support from the member during the    6,719        

twelve-month period preceding the member's death may elect to      6,720        

receive a monthly benefit computed as the joint-survivor           6,721        

allowance designated as option 1 in section 3307.50 3307.60 of     6,722        

the Revised Code, which the member would have received had the     6,724        

member retired on the last day of the month of death and had the   6,726        

member at that time selected such joint-survivor plan.  Payment    6,728        

shall begin with the month subsequent to the member's death.       6,729        

      (2)  If a deceased member had completed at least one and     6,731        

one-half years of credit for Ohio service, with at least           6,732        

one-quarter year of Ohio contributing service credit within the    6,733        

two and one-half years prior to the date of death, or was          6,734        

receiving at the time of death a disability benefit as provided    6,735        

in section 3307.43 3307.63 or 3307.431 3307.631 of the Revised     6,737        

Code, a surviving spouse or other qualified survivor may elect to  6,739        

receive monthly benefits as provided in division (C)(2) of this    6,740        

                                                          143    


                                                                 
section.  The surviving spouse or other qualified survivor shall   6,741        

elect one of the following methods of calculating benefits         6,743        

elected under division (C)(2) of this section, which shall,        6,744        

except as provided in division (G)(1) of this section, remain in   6,745        

effect without regard to any change in the number of qualified     6,746        

survivors:                                                                      

                                                   Or              6,748        

  (a) Number        Annual benefit as a        Monthly benefit     6,749        

of qualified       per cent of member's         shall not be       6,750        

  survivors        final average salary         less than          6,751        

     1                      25%                   $ 96             6,754        

     2                      40                     186             6,755        

     3                      50                     236             6,756        

     4                      55                     236             6,757        

     5 or more              60                     236             6,758        

                                   Annual benefit as a             6,761        

                                  per cent of member's             6,762        

    (b) Years of service          final average salary             6,763        

              20                            29%                    6,766        

              21                            33                     6,767        

              22                            37                     6,768        

              23                            41                     6,769        

              24                            45                     6,770        

              25                            48                     6,771        

              26                            51                     6,772        

              27                            54                     6,773        

              28                            57                     6,774        

              29                            60                     6,775        

      (D)  If a benefit is calculated pursuant to division         6,778        

(C)(2)(a) of this section, benefits to a surviving spouse shall    6,779        

be paid in the amount determined for the first qualifying          6,780        

survivor in division (C)(2)(a) of this section, but shall not be   6,782        

less than one hundred six dollars per month if the deceased        6,783        

member had ten or more years of Ohio service credit.  All other    6,784        

                                                          144    


                                                                 
qualifying survivors shall share equally in the benefit or         6,786        

remaining portion thereof.                                         6,787        

      If a benefit is calculated pursuant to division (C)(2)(b)    6,789        

of this section and is payable to more than one qualified          6,790        

survivor, the benefit shall be apportioned equally among the       6,792        

qualified survivors, except that if there is a surviving spouse,   6,794        

the portion of the benefit allocated to the surviving spouse       6,795        

shall be as follows:                                               6,796        

Number of                                                          6,798        

     survivors             Spouse's share of total benefit         6,799        

        2                                62.5%                     6,802        

        3                                50.0%                     6,803        

        4                                45.45%                    6,804        

        5 or more                        41.67%                    6,805        

      (E)  Benefits payable under division (C)(2) of this section  6,808        

shall begin or resume on the first day of the month following the  6,809        

day a person becomes a qualified survivor and terminate or be      6,811        

suspended on the first day of the month following the day the      6,812        

person ceases to be a qualified survivor.                          6,814        

      Benefits to a qualified survivor shall terminate upon a      6,817        

first marriage, abandonment, adoption, or during active military   6,819        

service.  Benefits to a deceased member's surviving spouse that    6,820        

were terminated under a former version of this section that                     

required termination due to remarriage and were not resumed prior  6,821        

to the effective date of this amendment shall resume on the first  6,822        

day of the month immediately following receipt by the board of an  6,823        

application on a form provided by the board.                       6,824        

      Upon the death of any subsequent spouse who was a member of  6,827        

the public employees retirement system, state teachers retirement  6,828        

system, or school employees retirement system, the surviving       6,829        

spouse of such member may elect to continue receiving benefits     6,830        

under this division, or to receive survivor's benefits, based      6,831        

upon the subsequent spouse's membership in one or more of the      6,832        

systems, for which such surviving spouse is eligible under this    6,833        

                                                          145    


                                                                 
section or section 145.45 or 3309.45 of the Revised Code.  If the  6,834        

surviving spouse elects to continue receiving benefits under this  6,835        

division, such election shall not preclude the payment of          6,836        

benefits under this division to any other qualified survivor.      6,837        

      (F)  The beneficiary of a member who is also a member of     6,839        

the public employees retirement system, or the school employees    6,840        

retirement system, must forfeit the member's accumulated           6,841        

contributions in those systems, if the beneficiary elects to       6,842        

receive a benefit under division (C) of this section.  Such        6,844        

benefit shall be exclusively governed by section 3307.41 3307.57   6,845        

of the Revised Code.                                               6,846        

      (G)(1)  Regardless of whether the member is survived by a    6,849        

spouse or designated beneficiary, if the state teachers            6,850        

retirement system receives notice that a deceased member           6,852        

described in division (C)(1) or (2) of this section has one or     6,853        

more qualified children, all persons who are qualified survivors   6,855        

under division (C)(2) of this section shall receive monthly        6,858        

benefits as provided in division (C)(2) of this section.           6,859        

      If, after determining the monthly benefits to be paid under  6,861        

division (C)(2) of this section, the system receives notice that   6,862        

there is a qualified survivor who was not considered when the      6,863        

determination was made, the system shall, notwithstanding section  6,864        

3307.711 3307.42 of the Revised Code, recalculate the monthly      6,865        

benefits with that qualified survivor included, even if the        6,867        

benefits to qualified survivors already receiving benefits are     6,868        

reduced as a result.  The benefits shall be calculated as if the                

qualified survivor who is the subject of the notice became         6,869        

eligible on the date the notice was received and shall be paid to  6,870        

qualified survivors effective on the first day of the first month  6,871        

following the system's receipt of the notice.                      6,872        

      If the retirement system did not receive notice that a       6,874        

deceased member has one or more qualified children prior to        6,876        

making payment under section 3307.48 3307.562 of the Revised Code  6,877        

to a beneficiary as determined by the retirement system, the       6,878        

                                                          146    


                                                                 
payment is a full discharge and release of the system from any     6,879        

future claims under this section or section 3307.48 3307.562 of    6,880        

the Revised Code.                                                               

      (2)  If benefits under division (C)(2) of this section to    6,883        

all persons, or to all persons other than a surviving spouse or    6,885        

sole beneficiary, terminate, there are no children under the age                

of twenty-two years, and the surviving spouse or beneficiary       6,888        

qualifies for benefits under division (C)(1) of this section, the  6,889        

surviving spouse or beneficiary may elect to receive benefits      6,890        

under division (C)(1) of this section.  The benefit shall be       6,892        

calculated based on the age of the spouse or beneficiary at the    6,893        

time of the member's death and is effective on the first day of    6,894        

the month following receipt by the board of an application for     6,895        

benefits under division (C)(1) of this section.                    6,896        

      (H)  If the benefits due and paid under division (C) of      6,898        

this section are in a total amount less than the member's          6,899        

accumulated account that was transferred from the teachers'        6,900        

savings fund, school employees retirement fund, and public         6,901        

employees retirement fund, to the survivors' benefit fund, then    6,902        

the difference between the total amount of the benefits paid       6,903        

shall be paid to the beneficiary under section 3307.48 3307.562    6,905        

of the Revised Code.                                               6,906        

      Sec. 3307.661.  ON THE DEATH OF A RETIRANT OR DISABILITY     6,908        

BENEFIT RECIPIENT WHO AT THE TIME OF DEATH IS RECEIVING, UNDER     6,909        

THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED   6,910        

CODE, A SERVICE RETIREMENT ALLOWANCE OR DISABILITY BENEFIT, THE    6,912        

STATE TEACHERS RETIREMENT SYSTEM SHALL MAKE A LUMP-SUM PAYMENT OF  6,913        

ONE THOUSAND DOLLARS TO ANY DESIGNATED OR QUALIFIED BENEFICIARY    6,914        

UNDER DIVISION (D) OF SECTION 3307.562 OF THE REVISED CODE.  IF    6,915        

THERE IS NO BENEFICIARY, THE STATE TEACHERS RETIREMENT BOARD MAY   6,917        

APPROVE PAYMENT TO EITHER THE PERSON RESPONSIBLE FOR THE BURIAL    6,918        

EXPENSES OR TO THE DECEDENT'S ESTATE FOLLOWING THE COMPLETION OF   6,919        

AN APPLICATION ON A FORM APPROVED BY THE BOARD.                    6,920        

      Sec. 3307.403 3307.67.  (A)  Beginning April 1, 1971, and    6,929        

                                                          147    


                                                                 
each year thereafter, the board of the state teachers retirement   6,931        

system BOARD shall determine the average percentage change in the  6,933        

consumer price index prepared by the United States bureau of       6,934        

labor statistics (U.S. City Average for Urban Wage Earners and     6,935        

Clerical Workers:  "All Items 1982-84=100") for the                6,936        

twelve-calendar-month period prior to the first day of January     6,938        

over the next preceding twelve-calendar-month period, as reported  6,939        

by the bureau.                                                                  

      Upon a determination by the board in any year that the       6,941        

change in the consumer price index is an increase or that the      6,943        

change plus the accumulation described in division (B) of this     6,944        

section is an increase, the board shall increase each allowance    6,945        

or benefit payable under this chapter SECTIONS 3307.50 TO 3307.79  6,946        

OF THE REVISED CODE by a percentage equal to the percentage        6,947        

increase in the consumer price index or to that increase plus the  6,948        

accumulation, except that the increase shall not exceed three per  6,949        

cent and no allowance or benefit shall exceed the limit            6,951        

established by section 415 of the "Internal Revenue Code of        6,952        

1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended.                6,953        

      The first increase is payable to all persons becoming        6,955        

eligible after June 30, 1971, upon such persons receiving an       6,956        

allowance or benefit for twelve months.  The increased amount is   6,958        

payable for the ensuing twelve-month period or until the next      6,959        

increase is granted under this section, whichever is later.        6,960        

Subsequent increases shall be determined from the date of the      6,961        

first increase paid to the former member in the case of an                      

allowance being paid a beneficiary under an option, or from the    6,962        

date of the first increase to the survivor first receiving an      6,963        

allowance or benefit in the case of an allowance or benefit being  6,964        

paid to the subsequent survivors of the former member.             6,965        

      The date of the first increase under this section becomes    6,968        

the anniversary date for any future increases.                                  

      The allowance or benefit used in the first calculation of    6,970        

an increase under this section shall remain as the base for all    6,971        

                                                          148    


                                                                 
future increases, unless a new base is established.                6,972        

      (B)  Any percentage of change in the consumer price index    6,974        

in any year that is in excess of three per cent shall be           6,975        

accumulated and used to determine increases under this section in  6,976        

subsequent years.  Any percentage of change in the consumer price  6,977        

index accumulated by an eligible person prior to the effective     6,978        

date of this amendment SEPTEMBER 27, 1996, shall be used in        6,979        

determining any future increases under this section.               6,980        

      (C)  The board shall make all rules necessary to carry out   6,982        

this section.                                                      6,983        

      Sec. 3307.408 3307.671.  In December, 1980, and in December  6,993        

of each year thereafter, the state teachers retirement board may   6,994        

allocate an amount from the guarantee fund created in division     6,995        

(E) of section 3307.65 3307.14 of the Revised Code to establish a  6,996        

temporary supplemental benefit fund for the purpose of making a    6,998        

lump sum benefit payment to all persons receiving an allowance,    6,999        

pension, or benefit under Chapter 3307. SECTIONS 3307.50 TO        7,000        

3307.79 of the Revised Code for each of the twelve months          7,002        

preceding the first day of the following January.                  7,003        

      On or after July 1, 1980, and on or after the first day of   7,005        

July of each year thereafter, the board may determine the amount   7,006        

to be placed in a temporary supplemental benefit fund.  Such       7,007        

amount, if placed, shall be not more than twenty-five per cent of  7,008        

the income from investments for the twelve months preceding the    7,009        

first day of July not otherwise required to be credited to the     7,010        

several funds set forth in section 3307.65 3307.14 of the Revised  7,012        

Code.                                                                           

      The board shall adopt rules to administer this supplemental  7,014        

benefit.  The rules shall recognize the effective date of the      7,015        

allowance, pension, or benefit and the years of Ohio service       7,016        

credit for each recipient as an equitable basis for allocating     7,017        

the amount payable to each recipient.                              7,018        

      If the board determines that a supplemental benefit shall    7,020        

be paid under this section, it shall pay such amount within sixty  7,021        

                                                          149    


                                                                 
calendar days following its allocation to the supplemental         7,022        

benefit fund.                                                      7,023        

      Amounts paid pursuant to this section shall not be included  7,025        

in the base for increasing an allowance, pension, or benefit       7,026        

provided in section 3307.403 3307.67 of the Revised Code and       7,027        

shall not incur any obligation or liability for future payments    7,029        

under this section.                                                7,030        

      Sec. 3307.371 3307.69.  (A)  On and after the first day of   7,039        

the month following the effective date of this section DECEMBER    7,041        

14, 1992, each person eligible to receive a benefit, pursuant to   7,042        

FORMER sections 3307.38, 3307.41, 3307.43, 3307.50, AND division   7,043        

(C)(1) of FORMER section 3307.49, and section 3307.50 of the       7,045        

Revised Code, that was based upon an award made effective before   7,046        

June 30, 1955, shall have the benefit payable as of September 30,  7,047        

1974, recalculated by the state teachers retirement board so that  7,048        

each such person shall receive an annual single lifetime benefit   7,049        

or its actuarial equivalent of not less than one hundred forty     7,050        

dollars for each year of the member's total service credit,        7,051        

except that service credit exceeding thirty-two years shall not    7,052        

be used in the recalculation, and a final average salary           7,053        

limitation shall not be applied.                                                

      If the amount of the benefit recalculated under this         7,055        

division is less than the amount that is payable on the effective  7,056        

date of this section, then the greater benefit shall be            7,057        

continued.                                                         7,058        

      (B)  On and after the first day of the month following the   7,060        

effective date of this section DECEMBER 14, 1992, each person      7,062        

receiving a benefit, pursuant to FORMER sections 3307.38,          7,063        

3307.41, 3307.43, 3307.50 AND division (C)(1) of FORMER section    7,065        

3307.49, and section 3307.50 of the Revised Code, that was         7,067        

effective on and after June 30, 1955, through June 30, 1971,                    

shall be paid an increased benefit as follows:                     7,068        

Effective Date of the              Per Cent of Increase:           7,070        

  Member's Benefit:                                                7,071        

                                                          150    


                                                                 
June 30, 1955, through                                                          

   June 29, 1959                           33                      7,072        

June 30, 1959, through                                                          

   October 31, 1965                        21                      7,073        

November 1, 1965 through                                                        

   June 30, 1968                           14                      7,074        

July 1, 1968, through                                                           

   June 30, 1971                            5                      7,075        

      The increase shall be applied to the benefit payable on the  7,077        

effective date of this section DECEMBER 14, 1992.                  7,078        

      (C)  On and after the first day of the month following the   7,080        

effective date of this section DECEMBER 14, 1992, each person      7,082        

receiving or qualified to receive a benefit, pursuant to division  7,083        

(C)(2) of FORMER section 3307.49 of the Revised Code, that was     7,084        

effective on and after June 14, 1951, through August 26, 1970,     7,085        

shall receive an increase in such benefit in the amount of twenty  7,086        

per cent.                                                                       

      Sec. 3307.382 3307.691.  On and after the effective date of  7,095        

this section AUGUST 20, 1976, the allowances of retirants          7,098        

receiving benefits based upon an award from the state teachers     7,099        

retirement system made before July 1, 1971, shall have the         7,100        

benefit recalculated by the state teachers retirement system so    7,101        

that each such person shall receive an annual lifetime benefit or  7,102        

its actuarial equivalent of not less than one hundred forty        7,103        

dollars for each year of the member's total service credit,        7,104        

multiplied by the total number of years of service credit, except  7,105        

that service credit exceeding thirty-two years shall not be used   7,106        

in the recalculation, and a final average salary limitation shall  7,107        

not be applied.                                                                 

      If the amount of the benefit recalculated under this         7,109        

section is less than the amount that is payable on the effective   7,110        

date of this section AUGUST 20, 1976, then the greater benefit     7,112        

shall be continued.                                                7,113        

      Sec. 3307.384 3307.692.  A retirant who on the effective     7,122        

                                                          151    


                                                                 
date of this amendment AUGUST 6, 1997, is eligible to receive an   7,126        

annual single lifetime benefit under FORMER section 3307.38,       7,127        

3307.41, or 3307.50 of the Revised Code of less than nine          7,129        

thousand six hundred dollars or its actuarial equivalent shall     7,130        

have that benefit increased to nine thousand six hundred dollars   7,132        

or its actuarial equivalent if the benefit is based on an award                 

arising from thirty or more years of Ohio service credit.  The     7,134        

benefit increase provided by this amendment SECTION shall take     7,135        

effect on the first day of the first month following the           7,137        

effective date of this amendment AUGUST 6, 1997, and shall not be  7,139        

subject to any final average salary limitation.                                 

      Sec. 3307.401 3307.693.  On and after October 1, 1957, all   7,148        

persons in receipt of, or who are or become eligible to receive,   7,150        

a monthly allowance, pension, or other benefit effective prior to  7,151        

June 29, 1955, which is payable or becomes payable pursuant to     7,152        

the provisions of FORMER sections 3307.26, 3307.38, 3307.43, and   7,153        

3307.50 of the Revised Code, or an allowance payable at any time   7,155        

under an option elected by a member and effective prior to that    7,156        

date, shall be paid an increased allowance, pension, or benefit    7,157        

as follows:                                                        7,158        

      (A)  An amount determined by increasing the original         7,160        

allowance, pension, or benefit by the following percentages as     7,161        

determined by the calendar year in which the allowance, pension,   7,162        

or benefit became effective:                                       7,163        

              Calendar Year              Per Cent of               7,165        

                Effective                 Increase                              

                1921-1939                    100                   7,166        

                  1940                        94                                

                  1941                        89                   7,167        

                  1942                        77                                

                  1943                        70                                

                  1944                        68                   7,168        

                  1945                        66                                

                  1946                        55                                

                                                          152    


                                                                 
                  1947                        35                   7,169        

                  1948                        23                                

                  1949                        25                                

                  1950                        23                   7,170        

                  1951                         8                                

                  1952                         4                                

                  1953                         3                   7,171        

                  1954                         2                                

                  Prior to June 29, 1955       2                   7,172        

      (B)  If the amount of any such allowance, pension, or other  7,175        

benefit is increased by division (A) of this section to an amount  7,176        

less than one hundred ten per cent of the present amount payable   7,177        

immediately prior to October 1, 1957, such present amount shall    7,178        

be increased by ten per cent.                                      7,179        

      (C)  On and after August 1, 1959, the monthly allowance,     7,181        

pension, or other benefit effective prior to June 29, 1955,        7,182        

(exclusive of any amount receivable monthly by reason of a         7,183        

voluntary deposit made for additional annuity, or for purchase of  7,184        

out-of-state credit on or after June 25, 1945), together with the  7,185        

supplemental allowance payable pursuant to divisions (A) and (B)   7,186        

of this section, shall be increased by twelve per cent.            7,187        

      (D)  Effective November 1, 1965, the allowances of all       7,189        

persons who retired before June 30, 1955, and who are receiving    7,190        

benefits as of October 31, 1965, except those granted under        7,191        

FORMER section 3307.49 of the Revised Code, shall be increased     7,192        

ten dollars per month, notwithstanding the seventy-five per cent   7,193        

final average salary limitation in FORMER section 3307.38 of the   7,194        

Revised Code and the sixty per cent final average salary           7,196        

limitation in FORMER section 3307.43 of the Revised Code.          7,197        

      (E)  Effective November 1, 1965, the allowances of all       7,199        

persons who retired on or after June 30, 1955, and who are         7,200        

receiving benefits as of October 31, 1965, except those granted    7,201        

under FORMER section 3307.49 of the Revised Code, but including    7,202        

allowances payable at any time under an option elected by a        7,203        

                                                          153    


                                                                 
member, shall be increased by ten dollars per month, which when    7,204        

added to the allowance in effect on October 31, 1965, shall not    7,205        

exceed the seventy-five per cent final average salary limitation   7,206        

in FORMER section 3307.38 of the Revised Code or the sixty per     7,207        

cent final average salary limitation in FORMER section 3307.43 of  7,208        

the Revised Code, provided that the increase shall not be less     7,210        

than six dollars per month.                                        7,211        

      (F)  Beginning November 1, 1965, the monthly benefit         7,213        

payable under division (C)(2) of FORMER section 3307.49 of the     7,214        

Revised Code shall be increased six dollars for each survivor      7,215        

beneficiary receiving a benefit on October 31, 1965, and for each  7,216        

successor to such benefit.  Beginning November 1, 1965, all        7,217        

survivor beneficiaries receiving benefits as of October 31, 1965,  7,218        

under division (C)(1) of FORMER section 3307.49 of the Revised     7,219        

Code shall be increased six dollars per month.                     7,220        

      On or before August 1, 1982, and on or before the first day  7,222        

of August in each year thereafter, the state teachers retirement   7,223        

board shall certify to the treasurer of state the amount required  7,224        

to be paid in the preceding fiscal year under divisions (A) and    7,225        

(B) of this section.  Upon receipt of this certification, the      7,226        

treasurer of state shall pay the amount certified.  The amount     7,227        

received by the state teachers retirement board shall be credited  7,228        

to the proper fund from which such additional payments are paid.   7,229        

      Sec. 3307.402 3307.694.  On and after July 1, 1968, all      7,238        

allowances, pensions, or other benefits which were payable before  7,240        

July 1, 1968, pursuant to the provisions of FORMER sections        7,241        

3307.26, 3307.38, 3307.41, 3307.43, 3307.49, and 3307.50 of the    7,242        

Revised Code, shall be increased by the percentages determined by  7,243        

the effective date of the allowance, pension, or benefit, as       7,244        

follows:                                                                        

      Effective Date of Benefit     Percentage of Increase         7,246        

            Calendar Year                                          7,247        

      1920 through 1955                      24.3                  7,249        

      1956                                   22.5                  7,250        

                                                          154    


                                                                 
      1957                                   18.4                  7,251        

      1958                                   15.2                  7,252        

      1959                                   14.3                  7,253        

      1960                                   12.5                  7,254        

      1961                                   11.3                  7,255        

      1962                                   10.1                  7,256        

      1963                                    8.7                  7,257        

      1964                                    7.3                  7,258        

      1965                                    5.6                  7,259        

      1966                                    2.6                  7,260        

      1967                                    2.0                  7,261        

      January 1, 1968, through                                     7,262        

         June 30, 1968                        2.0                               

      All increases determined by applying the percentages in the  7,265        

preceding table shall be reduced by the dollar amount of the       7,266        

increases granted in 1965 pursuant to divisions (D), (E), and (F)  7,267        

of FORMER section 3307.401 of the Revised Code, except that no     7,268        

allowance, pension, or benefit shall be reduced below the amount   7,269        

due on June 30, 1968, and no allowance granted under this section  7,270        

shall be less than a total annual sum of thirty-six dollars.       7,271        

      The allowances increased by this section shall exclude any   7,273        

monthly amount payable by reason of any voluntary deposits made    7,274        

under the provisions of sections 3307.33 3307.26 and 3307.51       7,276        

3307.741 of the Revised Code, except for prior service purchased   7,277        

before June 25, 1945.                                              7,278        

      The increases provided by this section shall be granted      7,280        

notwithstanding the final average salary limitation in FORMER      7,281        

sections 3307.38 and 3307.43 of the Revised Code.                  7,282        

      The cost of the increases provided by this section shall be  7,284        

included in the employer's contribution rate provided by sections  7,285        

3307.53 3307.28, 3307.56 3307.30, and 3307.64 3307.31 of the       7,287        

Revised Code.  Such employer's contribution rate shall not be      7,288        

increased until July 1, 1969, or later to reflect the increased    7,289        

costs created by this section.                                     7,290        

                                                          155    


                                                                 
      Sec. 3307.404 3307.695.  On and after December 31, 1971,     7,299        

all persons who retired and were eligible to receive a pension     7,301        

that was payable prior to July 1, 1968, pursuant to FORMER         7,302        

section 3307.38 or 3307.43 of the Revised Code, or in the event    7,303        

of the death of such persons, the person designated by the         7,304        

deceased to receive payments under FORMER section 3307.50 of the   7,305        

Revised Code, shall receive an additional monthly payment of two   7,307        

dollars for each year between the member's effective date of       7,308        

retirement or disability and December 31, 1971, or an additional   7,309        

fifty dollars, whichever is less.  On or before the first day of   7,310        

August in 1980 and on or before the first day of August in each    7,311        

year thereafter, the state teachers retirement board shall         7,312        

certify to the treasurer of state the amount required to be paid   7,313        

in the preceding fiscal year under this section.  Upon receipt of  7,314        

such certification, the treasurer of state shall pay to the state  7,315        

teachers retirement system the amount certified.                   7,316        

      Sec. 3307.406 3307.696.  Each person receiving benefits      7,325        

under FORMER section 3307.49 of the Revised Code who became        7,327        

eligible to receive such benefits under FORMER section 3307.48 of  7,329        

the Revised Code by virtue of the death of a member prior to July               

1, 1968, shall receive an additional monthly payment of two        7,330        

dollars for each year between the date of such member's death and  7,331        

December 31, 1972, or an additional fifty dollars, whichever is    7,332        

less.                                                                           

      Sec. 3307.407 3307.697.  On and after the effective date of  7,341        

this section DECEMBER 19, 1973, any person who retired or his THE  7,344        

RETIREE'S beneficiary, who was eligible to receive an allowance    7,346        

that was first payable on or after July 1, 1968, and prior to      7,347        

July 1, 1971, and the beneficiary of a member who died before      7,349        

service retirement on or after July 1, 1968, and prior to July 1,  7,350        

1971, receiving an allowance or benefit pursuant to FORMER         7,352        

sections 3307.38, 3307.41, 3307.43, 3307.49, or 3307.50 of the                  

Revised Code, shall receive an additional monthly payment of two   7,354        

dollars for each year between the member's effective date of       7,355        

                                                          156    


                                                                 
retirement, disability or death and July 1, 1973.                  7,356        

      Sec. 3307.409 3307.698.  (A)  Effective July 1, 1981, each   7,365        

person eligible to receive an allowance, pension, or benefit       7,367        

pursuant to FORMER sections 3307.38, 3307.41, 3307.43, division    7,368        

(C)(1) of FORMER section 3307.49, and FORMER section 3307.50 of    7,370        

the Revised Code that was based upon an award made effective       7,371        

before July 1, 1974, shall have his THE PERSON'S monthly           7,373        

allowance, pension, or benefit increased by five per cent, except  7,374        

that the twelve-month sum of such increases shall not exceed five  7,375        

per cent of the first five thousand dollars of the annual          7,376        

allowance, pension, or benefit.                                                 

      (B)  Effective July 1, 1981, each person receiving or        7,378        

qualified to receive a benefit, pursuant to division (C)(2) of     7,379        

FORMER section 3307.49 of the Revised Code, that was effective on  7,380        

and after June 14, 1951, through August 26, 1970, shall receive    7,381        

an increase in such benefit of five per cent.                      7,382        

      (C)  The increases provided in divisions (A) and (B) of      7,384        

this section shall be applied to the benefit payable on and after  7,385        

July 1, 1981.                                                      7,386        

      (D)  The increase in the monthly allowance, pension, or      7,388        

benefit provided in divisions (A) and (B) of this section shall    7,389        

be included in the calculation of additional benefits to           7,390        

recipients under section 3307.403 3307.67 of the Revised Code.     7,391        

      (E)  The benefit provided in divisions (A) and (B) of this   7,393        

section is a continuation of those first provided in Am. Sub.      7,394        

H.B. 204 as passed by the 113th general assembly.                  7,395        

      (F)  On or before the first day of August, 1982, and on or   7,397        

before the first day of August in each year thereafter, the state  7,398        

teachers retirement board shall certify to the treasurer of state  7,399        

the amounts needed to pay the cost of the additional payments      7,400        

required under this section for the preceding fiscal year.  Upon   7,401        

receipt of these certifications, the treasurer of state shall pay  7,402        

the amount certified.                                              7,403        

      Sec. 3307.4010 3307.699.  As used in this section and        7,412        

                                                          157    


                                                                 
section 3307.4011 3307.6910 of the Revised Code, "benefit" means   7,414        

any allowance, pension, or other benefit to which an individual    7,415        

is entitled and that he THE INDIVIDUAL receives pursuant to        7,416        

FORMER section 3307.38, 3307.41, 3307.43, 3307.49, or 3307.50 of   7,417        

the Revised Code.                                                               

      The annual amount of each benefit that was payable prior to  7,419        

February 1, 1983, shall, after the adjustments required by FORMER  7,421        

section 3307.403 of the Revised Code, be increased by five per     7,423        

cent.                                                                           

      Sec. 3307.4011 3307.6910.  (A)  The annual amount of each    7,432        

benefit that was based on an award made effective before July 1,   7,434        

1979, shall be increased as follows:                               7,435        

      Effective Date of                    Per Cent of             7,437        

            Award                      Increase in Benefit         7,438        

      Prior to July 1, 1971                   4.15                 7,439        

      July 1, 1971, through                                        7,440        

          August 31, 1976                     2.65                 7,441        

      September 1, 1976, through                                   7,442        

          June 30, 1979                       1.4                  7,443        

      (B)  Effective June 1, 1990, in addition to the increase     7,446        

provided under division (A) of this section, the annual amount of  7,447        

each benefit that was based on an award made effective before      7,448        

July 1, 1979, shall be increased as follows:                       7,449        

      Effective Date of                    Per Cent of             7,451        

            Award                      Increase in Benefit         7,452        

      Prior to July 1, 1971                   4.15                 7,453        

      July 1, 1971, through                                        7,454        

          August 31, 1976                     2.65                 7,455        

      September 1, 1976, through                                   7,456        

          June 30, 1979                       1.4                  7,457        

      (C)  Amounts paid pursuant to this section shall not be      7,460        

included in the base for future increases under FORMER section     7,461        

3307.403 of the Revised Code in any benefit.                       7,462        

      Sec. 3307.4013 3307.6911.  (A)  As used in this section:     7,471        

                                                          158    


                                                                 
      (1)  "Benefit" means a benefit, pension, or allowance        7,473        

PAYABLE under FORMER section 3307.38, 3307.41, 3307.43, 3307.431,  7,475        

3307.49, or 3307.50 of the Revised Code.                                        

      (2)  "Cumulative percentage change in the CPI" means the     7,477        

total percentage change in the consumer price index prepared by    7,478        

the United States bureau of labor statistics for urban wage        7,480        

earners and clerical workers (CPI-W:  U.S. city average, all       7,481        

items) from the thirty-first day of December immediately           7,482        

preceding the year in which the original benefit started through   7,483        

the thirty-first day of December immediately preceding the         7,484        

effective date of this section AUGUST 6, 1997.                     7,485        

      (3)  "Eligible recipient" means any person receiving a       7,487        

benefit on the effective date of this section AUGUST 6, 1997,      7,488        

that has been payable to that person or to any other person for    7,490        

at least twelve months.                                                         

      (4)  "Original benefit amount" means the initial amount of   7,492        

a benefit granted to the initial recipient of the benefit.         7,493        

      (B)  As of the effective date of this section AUGUST 6,      7,496        

1997, the state teachers retirement board shall determine an       7,497        

amount for each eligible recipient equal to the sum of the         7,498        

following amounts:                                                              

      (1)  An amount equal to seventy per cent of the original     7,500        

benefit amount for the recipient;                                  7,501        

      (2)  An amount equal to the product obtained when seventy    7,503        

per cent of the original benefit amount is multiplied by the       7,504        

cumulative percentage change in the CPI for the recipient.         7,505        

      (C)(1)  Except as provided in division (C)(2) of this        7,507        

section, if the amount of the annual benefit payable to an         7,508        

eligible recipient on the effective date of this section AUGUST    7,509        

6, 1997, is less than the amount determined for the recipient      7,511        

under division (B) of this section, the board shall recalculate    7,512        

that annual benefit so that it equals the amount determined under  7,513        

division (B) of this section.                                                   

      (2)  If the recalculated benefit determined under division   7,515        

                                                          159    


                                                                 
(C)(1) of this section for an eligible recipient whose retirement  7,516        

was effective before July 1, 1979, is less than one hundred three  7,517        

per cent of the annual benefit payable to the recipient on the     7,518        

effective date of this section AUGUST 6, 1997, the board shall     7,520        

recalculate the annual benefit so that it equals one hundred                    

three per cent of the annual benefit payable to the recipient on   7,521        

the effective date of this section AUGUST 6, 1997.                 7,523        

      An increase granted by division (C)(1) or (2) of this        7,525        

section to a benefit amount shall apply on and after the first     7,526        

day of the month following the effective date of this section      7,527        

AUGUST 6, 1997.                                                    7,528        

      (D)  The board shall include the increase in amount paid     7,530        

under this section in a person's base for purposes of future       7,531        

increases in any benefit under section 3307.403 3307.67 of the     7,532        

Revised Code.                                                                   

      Sec. 3307.78 3307.6912.  Effective September 1, 1947, the    7,541        

retirement allowances of retired Ohio teachers, or their           7,543        

beneficiaries under options elected at retirement and still in     7,544        

effect, on the retired list as of that date shall be recalculated  7,545        

and paid in accordance with the following:                         7,546        

      (A)  Members retired on superannuation effective prior to    7,548        

August 31, 1945, shall have the prior service portion of their     7,549        

allowances recalculated as of the date of retirement in            7,550        

accordance with division (C) of FORMER section 3307.38 of the      7,551        

Revised Code, with their "final average salary" determined as      7,552        

defined in FORMER section 3307.01 of the Revised Code.  Any        7,553        

allowance payable to members who retired on superannuation under   7,554        

an option selected at retirement, or payable to a beneficiary      7,555        

pursuant to such option, shall be adjusted upon the basis of the   7,556        

amount of allowance payable in accordance with this division.      7,557        

      (B)  Members retired on disability retirement prior to July  7,559        

1, 1945, shall have their allowances recalculated as of the date   7,560        

of retirement in accordance with divisions (A) and (B) of FORMER   7,561        

section 3307.43 of the Revised Code, and with their final average  7,563        

                                                          160    


                                                                 
salaries determined as defined in FORMER section 3307.01 of the    7,564        

Revised Code.                                                      7,565        

      (C)  Members retired on superannuation, commuted             7,567        

superannuation, or disability prior to June 30, 1947, with         7,568        

fifteen or more years of service credit shall receive a total      7,569        

allowance at the rate of not less than twenty dollars annually     7,570        

for each year of such service credit, except that a member         7,571        

retired on commuted superannuation shall have the reserve for any  7,572        

additional pension required to provide such minimum allowance      7,573        

commuted as of the date of retirement in the manner prescribed     7,574        

for the prior service pension in division (C) of FORMER section    7,575        

3307.40 of the Revised Code.  Any allowance payable to members     7,577        

who retired on superannuation under an option selected at          7,578        

retirement, or payable to a beneficiary pursuant to such option,   7,579        

shall be adjusted upon the basis of the amount of allowance        7,580        

payable in accordance with this division.  All pensions continued  7,581        

to pensioners following the merger of local district pension       7,582        

systems with the state teachers retirement system pursuant to      7,583        

FORMER sections 3307.68, 3307.69, and 3307.70 of the Revised Code  7,584        

shall be increased ten dollars per month provided no other         7,585        

benefit is payable by this section.                                7,586        

      (D)  In no case shall any recalculated allowance be          7,588        

increased in excess of twenty-five dollars per month by divisions  7,589        

(A), (B), and (C) of this section and in no case shall any         7,590        

allowances be decreased thereby.  In no case shall any such        7,591        

increases be payable prior to September 1, 1947.  The cost of      7,592        

providing such increased superannuation and commuted               7,593        

superannuation allowances shall be included in the prior service   7,594        

pension deficiency contribution rate provided for in FORMER        7,595        

section 3307.54 of the Revised Code.  The cost of providing such   7,596        

increased disability allowances shall be included in the normal    7,597        

contribution rate provided for in section 3307.53 3307.28 of the   7,599        

Revised Code.                                                      7,600        

      Sec. 3307.6913.  (A)  AS USED IN THIS SECTION AND IN         7,602        

                                                          161    


                                                                 
SECTION 3307.6914 OF THE REVISED CODE, "ELIGIBLE RECIPIENT" MEANS  7,604        

ANY PERSON RECEIVING A BENEFIT ON JULY 1, 1999.                    7,605        

      (B)  FOR EACH ELIGIBLE RECIPIENT OF A BENEFIT PAYABLE UNDER  7,607        

SECTION 3307.58, 3307.59, OR 3307.60 OF THE REVISED CODE, THE      7,609        

STATE TEACHERS RETIREMENT BOARD SHALL RECALCULATE THE ANNUAL       7,610        

SINGLE LIFETIME BENEFIT, EXCLUDING ANY INCREASES GRANTED UNDER     7,611        

SECTION 3307.67 OF THE REVISED CODE, OF THE BENEFIT PAYABLE TO     7,612        

THE RECIPIENT USING DIVISION (B) OF SECTION 3307.38 OF THE         7,614        

REVISED CODE AS THAT SECTION EXISTED IMMEDIATELY PRIOR TO THE      7,616        

EFFECTIVE DATE OF THIS SECTION, EXCEPT THAT THE RECALCULATED                    

ANNUAL SINGLE LIFETIME BENEFIT SHALL BE ADJUSTED BY THE PER CENT   7,617        

SHOWN IN THE SCHEDULE IN THE VERSION OF DIVISION (B) OF SECTION    7,618        

3307.38 OF THE REVISED CODE THAT WAS IN EFFECT AT THE TIME THE     7,619        

INITIAL RECIPIENT'S BENEFIT WAS CALCULATED ON THE BASIS OF AGE     7,620        

AND SERVICE.                                                                    

      (C)  IF THE AMOUNT DETERMINED UNDER DIVISION (B) OF THIS     7,623        

SECTION IS GREATER THAN THE ANNUAL SINGLE LIFETIME BENEFIT         7,624        

GRANTED THE RECIPIENT, THE BOARD SHALL RECALCULATE THE             7,626        

RECIPIENT'S BENEFIT SO THAT IT EQUALS THE ANNUAL SINGLE LIFETIME                

BENEFIT DETERMINED UNDER DIVISION (B) OF THIS SECTION OR ITS       7,627        

ACTUARIAL EQUIVALENT.                                              7,628        

      (D)  THE BOARD SHALL INCLUDE THE INCREASE IN AMOUNT PAID     7,630        

UNDER THIS SECTION IN AN INDIVIDUAL'S BASE FOR PURPOSES OF FUTURE  7,631        

INCREASE IN ANY BENEFIT UNDER SECTION 3307.67 OF THE REVISED       7,632        

CODE.                                                                           

      (E)  THE BOARD SHALL MAKE THE RECALCULATIONS REQUIRED UNDER  7,634        

THIS SECTION NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE      7,635        

EFFECTIVE DATE OF THIS SECTION.  THE BOARD MAY ADOPT RULES TO      7,636        

IMPLEMENT THIS SECTION.                                            7,637        

      Sec. 3307.6914.  (A)  AS USED IN THIS SECTION:               7,639        

      (1)  "CUMULATIVE PERCENTAGE CHANGE IN THE CPI" MEANS THE     7,641        

TOTAL PERCENTAGE CHANGE IN THE CONSUMER PRICE INDEX PREPARED BY    7,642        

THE UNITED STATES BUREAU OF LABOR STATISTICS FOR URBAN WAGE        7,644        

EARNERS AND CLERICAL WORKERS (CPI-W:  U.S. CITY AVERAGE, ALL       7,647        

                                                          162    


                                                                 
ITEMS) FROM THE THIRTY-FIRST DAY OF DECEMBER IMMEDIATELY           7,648        

PRECEDING THE YEAR IN WHICH THE ORIGINAL BENEFIT STARTED THROUGH                

THE THIRTY-FIRST DAY OF DECEMBER IMMEDIATELY PRECEDING THE         7,650        

EFFECTIVE DATE OF THIS SECTION.                                    7,651        

      (2)  "ORIGINAL BENEFIT AMOUNT" HAS THE SAME MEANING AS IN    7,653        

SECTION 3307.6911 OF THE REVISED CODE.                             7,654        

      (B)(1)  EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS        7,656        

SECTION, FOR EACH ELIGIBLE RECIPIENT OF A BENEFIT PAYABLE UNDER    7,657        

SECTION 3307.58, 3307.59, 3307.60, 3307.63, 3307.631, OR 3307.66   7,658        

OF THE REVISED CODE, THE BOARD SHALL DETERMINE AN AMOUNT EQUAL TO  7,660        

THE SUM OF THE FOLLOWING AMOUNTS:                                               

      (a)  AN AMOUNT EQUAL TO EIGHTY-FIVE PER CENT OF THE          7,662        

ORIGINAL BENEFIT AMOUNT, EXCEPT THAT IF THE RECIPIENT IS NOT THE   7,663        

INDIVIDUAL TO WHOM THE ORIGINAL BENEFIT AMOUNT WAS GRANTED, THE    7,664        

AMOUNT SHALL EQUAL EIGHTY-FIVE PER CENT OF THE PRODUCT OBTAINED    7,665        

WHEN THE ORIGINAL BENEFIT AMOUNT IS MULTIPLIED BY THE PERCENTAGE   7,666        

OF THE ORIGINAL BENEFIT AMOUNT BEING PAID TO THE RECIPIENT;        7,667        

      (b)  AN AMOUNT EQUAL TO THE PRODUCT OBTAINED WHEN THE        7,669        

AMOUNT DETERMINED UNDER DIVISION (B)(1) OF THIS SECTION IS         7,670        

MULTIPLIED BY THE CUMULATIVE PERCENTAGE CHANGE IN THE CPI.         7,671        

      (2)  FOR EACH ELIGIBLE RECIPIENT OF A BENEFIT UNDER SECTION  7,673        

3307.66 OF THE REVISED CODE THAT IS PAYABLE BY REASON OF THE       7,674        

DEATH OF A MEMBER WHO, AT THE TIME OF DEATH, WAS RECEIVING A       7,676        

BENEFIT UNDER SECTION 3307.63 OR 3307.631 OF THE REVISED CODE,     7,677        

THE BOARD SHALL DETERMINE ALL OF THE FOLLOWING:                    7,678        

      (a)  THE PRODUCT OBTAINED BY MULTIPLYING THE DECEASED        7,680        

MEMBER'S FINAL AVERAGE SALARY BY THE CUMULATIVE PERCENTAGE CHANGE  7,681        

IN THE CPI.                                                        7,682        

      (b)  EIGHTY-FIVE PER CENT OF THE PRODUCT OBTAINED UNDER      7,685        

DIVISION (B)(2)(a) OF THIS SECTION.                                7,686        

      (c)  THE AMOUNT OF THE BENEFIT THAT WOULD BE PAYABLE UNDER   7,688        

SECTION 3307.66 OF THE REVISED CODE IF THE PRODUCT OBTAINED UNDER  7,689        

DIVISION (B)(2)(b) OF THIS SECTION WAS USED AS THE DECEASED        7,691        

MEMBER'S FINAL AVERAGE SALARY.                                     7,692        

                                                          163    


                                                                 
      (C)  IF THE AMOUNT DETERMINED UNDER DIVISION (B) OF THIS     7,694        

SECTION IS GREATER THAN THE ANNUAL BENEFIT BEING PAID TO THE       7,696        

RECIPIENT, THE BOARD SHALL RECALCULATE THE ANNUAL BENEFIT PAYABLE  7,697        

ON THE EFFECTIVE DATE OF THIS SECTION SO THAT IT EQUALS THE        7,698        

AMOUNT DETERMINED UNDER THAT DIVISION.  IF THE RECIPIENT'S         7,699        

BENEFIT WAS RECALCULATED UNDER DIVISION (C) OF SECTION 3307.6913   7,700        

OF THE REVISED CODE, THE BOARD SHALL USE THE RECALCULATED BENEFIT  7,702        

IN MAKING A DETERMINATION UNDER THIS SECTION.                      7,703        

      (D)  THE BOARD SHALL INCLUDE THE INCREASE IN AMOUNT PAID     7,705        

UNDER THIS SECTION IN AN INDIVIDUAL'S BASE FOR PURPOSES OF FUTURE  7,706        

INCREASE IN ANY BENEFIT UNDER SECTION 3307.67 OF THE REVISED       7,707        

CODE.                                                                           

      (E)  THE BOARD SHALL MAKE THE RECALCULATIONS REQUIRED UNDER  7,709        

THIS SECTION NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE      7,710        

EFFECTIVE DATE OF THIS SECTION.  THE BOARD MAY ADOPT RULES TO      7,711        

IMPLEMENT THIS SECTION.                                            7,712        

      Sec. 3307.281 3307.70.  (A)  The state teachers retirement   7,721        

board may establish by rule payroll deduction plans for payment    7,723        

of the following:                                                  7,725        

      (1)  The cost of restoring service credit under section      7,727        

3307.28 3307.71 or 3307.282 3307.711 of the Revised Code or        7,729        

purchasing any service credit members of the state teachers        7,731        

retirement system are eligible to purchase under this chapter;     7,732        

      (2)  Charges for participation in programs established       7,734        

under section 3307.741 3307.391 of the Revised Code.               7,735        

      (B)  In addition to any other matter considered relevant by  7,737        

the board, the rules adopted under this section shall specify all  7,738        

of the following:                                                  7,739        

      (1)  The types of service credit that may be paid for        7,741        

through payroll deduction, including the section of the Revised    7,742        

Code that authorizes the purchase of each type of service credit   7,743        

for which payment may be made by payroll deduction;                7,744        

      (2)  The procedure for informing the member's employer and   7,749        

the system that the member wishes to use payroll deduction to      7,751        

                                                          164    


                                                                 
purchase service credit or pay for participation in programs                    

established under section 3307.741 3307.391 of the Revised Code;   7,753        

      (3)  The procedure to be followed by the system and          7,755        

employers to determine for each request the amount to be           7,756        

deducted, the number of deductions to be made, and the interval    7,757        

at which deductions will be made.  The rules may provide for a     7,758        

minimum amount for each deduction.  They may also provide for a    7,759        

maximum number of deductions for the purchase of any type of       7,760        

service credit.                                                    7,761        

      (4)  The procedure to be followed by employers in            7,763        

transmitting amounts deducted from the compensation of their       7,764        

employees to the system;                                           7,765        

      (5)  The procedure to be followed by the system in           7,767        

crediting service credit to members who choose to purchase it      7,768        

through payroll deduction;                                         7,769        

      (6)  The time period within which employers are required to  7,771        

transmit amounts deducted from payrolls to the system.             7,772        

      (C)(1)  If the board establishes a payroll deduction plan    7,774        

under this section, it shall certify to the member's employer,     7,775        

for each member for whom deductions are to be made, the amount of  7,776        

each deduction and the payrolls from which deductions are to be    7,777        

made.  The employer shall make the deductions as certified and     7,778        

transmit the amounts deducted in accordance with the rules         7,779        

established by the board under this section.                       7,780        

      (2)  If an employer does not transmit amounts deducted from  7,782        

the compensation of an employee to the system within the time      7,783        

period specified in rules adopted under division (B)(6) of this    7,784        

section, the employer shall pay interest on the deducted amount    7,785        

compounded annually at a rate to be determined by the board from   7,786        

the date the amount is deducted to the date it is transmitted to   7,787        

the system.                                                        7,788        

      (D)  Rules adopted under this section shall not affect any   7,790        

right to purchase service credit conferred by any other section    7,791        

of the Revised Code, including the right of a member under any     7,792        

                                                          165    


                                                                 
such section to purchase only part of the service credit the       7,793        

member is eligible to purchase.                                    7,795        

      (E)  No payroll deduction made pursuant to this section may  7,797        

exceed the amount of a member's net compensation after all other   7,798        

deductions and withholdings required by law.                       7,799        

      (F)  No payments made to the system under this section       7,801        

shall affect any contribution required by section 3307.51 3307.26  7,803        

or 3307.53 3307.28 of the Revised Code.                            7,804        

      Sec. 3307.28 3307.71.  The membership of any person in the   7,813        

state teachers retirement system shall cease on occurrence of any  7,816        

of the following:  receipt of payment pursuant to section 3307.46  7,817        

of the Revised Code; retirement as provided in section 3307.38 or  7,818        

3307.39 of the Revised Code; death; or denial of membership        7,819        

pursuant to section 3307.27 of the Revised Code.                                

      Except as provided in this section, a member or former       7,821        

member of the state teachers retirement system with PARTICIPATING  7,823        

IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE        7,824        

REVISED CODE WHO HAS at least one and one-half years of                         

contributing service credit in this system, the public employees   7,825        

retirement system, the school employees retirement system, the     7,826        

Ohio police and fire pension fund, or the state highway patrol     7,829        

retirement system after the withdrawal and cancellation of         7,830        

service credit in this system may restore all or part of such      7,831        

service credit by repayment of the amount withdrawn.  To this      7,832        

amount shall be added interest at a rate per annum, compounded     7,833        

annually, to be determined by the STATE TEACHERS retirement        7,834        

board.  Interest shall be payable from the first of the month of   7,836        

withdrawal through the month of repayment.  A member may choose    7,837        

to purchase only part of such credit in any one payment.  The      7,838        

cost for restoring partial service shall be calculated as the      7,839        

proportion that it bears to the total cost at the time of          7,840        

purchase and is subject to the rules established by the board.     7,841        

If a former member is eligible to buy the service credit as a      7,842        

member of the Ohio police and fire pension fund or state highway   7,845        

                                                          166    


                                                                 
patrol retirement system, the former member is ineligible to       7,846        

restore that service credit under this section.                    7,847        

      The total payment to restore canceled service credit shall   7,850        

be credited as follows:                                                         

      (A)  The amount that equals contributions made pursuant to   7,852        

section 3307.51 3307.26 of the Revised Code, plus any interest on  7,854        

the contributions paid by the member pursuant to this section, to  7,855        

the member's account in the teachers' savings fund;                7,856        

      (B)  The amount that equals the amount paid under section    7,858        

3307.80 3307.563 of the Revised Code, to the employers trust       7,859        

fund;                                                                           

      (C)  The remainder of the payment to restore canceled        7,861        

service credit, to the guarantee fund.                             7,862        

      Sec. 3307.282 3307.711.  (A)  A member of the state          7,871        

teachers retirement system who has at least eighteen months of     7,874        

contributing service credit in the system, the police and                       

firemen's disability and pension fund, public employees            7,876        

retirement system, school employees retirement system, or state    7,877        

highway patrol retirement system, and is a former member of or no  7,878        

longer contributing to the public employees retirement system or   7,879        

school employees retirement system may restore service credit      7,880        

under section 145.31 or 3309.26 of the Revised Code by making      7,881        

payments pursuant to this section through a payroll deduction      7,882        

plan established under section 3307.281 3307.70 of the Revised     7,884        

Code.  A member seeking to restore this service credit shall       7,886        

notify the state teachers retirement system on a form approved by               

the state teachers retirement board.  After receiving the notice,  7,888        

the state teachers retirement system shall request that the        7,889        

former retirement system calculate under section 145.312 or        7,890        

3309.262 of the Revised Code the cost to the member to restore     7,892        

service credit for each year or portion of a year of service for   7,893        

which the member seeks to restore the service credit.  The amount  7,894        

the former retirement system certifies as the cost of restoring    7,895        

the service credit, plus interest described in division (B) of     7,896        

                                                          167    


                                                                 
this section, is the cost to the member of restoring the service   7,897        

credit.  On receiving the certification from the former                         

retirement system, the state teachers retirement system shall      7,899        

notify the member of the cost.                                     7,900        

      (B)  For each year or portion of a year of service credit    7,902        

restored under section 145.31 or 3309.26 of the Revised Code, a    7,903        

member shall pay to the state teachers retirement system the       7,905        

amount certified by the former retirement system plus interest at  7,906        

a rate specified by the former retirement system under section     7,907        

145.312 or 3309.262 of the Revised Code for the period during      7,908        

which deductions are made under section 3307.281 3307.70 of the    7,909        

Revised Code.                                                      7,911        

      (C)  The state teachers retirement board shall annually      7,914        

notify the former retirement system that a payment to restore      7,915        

service credit under section 145.31 or 3309.26 of the Revised      7,916        

Code has been made.  At the time the payment is transferred under  7,917        

division (D) of this section, the former retirement system shall   7,918        

restore the service credit for the year or portion of a year for   7,919        

which the payment was made.                                        7,920        

      (D)  On application for a payment of accumulated             7,922        

contributions or an age and service retirement, disability, or     7,924        

survivor benefit under Chapter 145., 3307., or 3309. of the        7,925        

Revised Code by a member who made payments under this section to   7,927        

restore service credit in a former retirement system, the state    7,928        

teachers retirement system shall pay to the former retirement      7,929        

system an amount equal to the total amount paid by the member      7,931        

under this section.                                                             

      (E)  The board shall adopt rules to implement this section.  7,933        

      Sec. 3307.283 3307.712.  After receiving a request from the  7,942        

public employees retirement system under division (A) of section   7,944        

145.311 or the school employees retirement system under division   7,946        

(A) of section 3309.261 of the Revised Code, the state teachers    7,949        

retirement system shall do both of the following:                  7,950        

      (A)  Calculate and certify to the requesting retirement      7,953        

                                                          168    


                                                                 
system the cost to a former member to restore service credit       7,954        

under section 3307.28 3307.71 of the Revised Code for each year    7,955        

or portion of a year for which the former member seeks to restore  7,957        

service credit under that section.                                              

      (B)  Inform the requesting retirement system of the rate of  7,959        

interest charged to a member under a payroll deduction plan        7,960        

authorized under section 3307.281 3307.70 of the Revised Code.     7,961        

      Sec. 3307.73 3307.72.  The state teachers retirement board   7,970        

shall credit years of service to a member PARTICIPATING IN THE     7,972        

PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE  7,973        

who was employed for teaching service by an employer who failed    7,974        

to make retirement contributions to the state teachers retirement  7,975        

system during any year or years beginning on or after September    7,976        

1, 1920, if the member deposits in the teachers' savings fund a    7,977        

per cent of the member's annual compensation for such service, at  7,979        

the rate of contribution then in effect, plus interest compounded  7,980        

annually at a rate established by the retirement board.  The       7,981        

member may choose to purchase only part of such credit in any one  7,982        

payment, subject to board rules.                                   7,983        

      The employer shall, upon the request of such member,         7,985        

certify the amount of compensation by years of employment to the   7,987        

secretary of the board.  For teaching service on or after July 1,  7,988        

1978, the employer shall pay an amount equal to the employer       7,989        

contributions due at the time the service occurred, plus compound               

interest at a rate determined by the board from the date the       7,990        

service began to the date of payment.                              7,991        

      Sec. 3307.22 3307.73.  (A)(1)  Except as provided in         8,000        

division (A)(2) of this section, a member of the state teachers    8,001        

retirement system with PARTICIPATING IN THE PLAN DESCRIBED IN      8,002        

SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE WHO HAS at least   8,003        

eighteen months of contributing service in the system, the public  8,005        

employees retirement system, or the school employees retirement    8,006        

system who CHOSE TO BE exempted himself from membership in one or  8,009        

more of the systems pursuant to section 145.03, or 3309.23 of the  8,010        

                                                          169    


                                                                 
Revised Code, or former section 3307.25 or 3309.25 of the Revised  8,011        

Code, or was exempt under section 3307.27 3307.24 of the Revised   8,013        

Code, may purchase credit for each year or portion of a year of    8,014        

service for which he THE MEMBER was exempted.                                   

      (2)  A member may not purchase credit under this section     8,016        

for service that was exempted from contribution under section      8,017        

3307.27 3307.24 of the Revised Code and subject to the tax on      8,018        

wages imposed by the "Federal Insurance Contributions Act," 68A    8,020        

Stat. 415 (1954), 26 U.S.C.A. 3101, as amended.                    8,021        

      (B)  For each year or portion of a year of credit purchased  8,023        

under this section, a member shall pay to the STATE TEACHERS       8,024        

retirement system an amount determined by multiplying the          8,026        

member's compensation for the twelve months of contributing        8,027        

service preceding the month in which he THE MEMBER applies to      8,028        

purchase the credit by a percentage rate established by rule of    8,030        

the state teachers retirement board adopted under division (F) of  8,031        

this section.                                                                   

      (C)  Subject to board rules, a member may purchase all or    8,033        

part of the credit he THE MEMBER is eligible to purchase under     8,034        

this section in one or more payments.  If the member purchases     8,036        

the credit in more than one payment, compound interest at a rate   8,037        

specified by rule of the board shall be charged on the balance     8,038        

remaining after the first payment is made.                         8,039        

      (D)  Credit purchasable under this section shall not exceed  8,041        

one year of service for any twelve-month period.  If the period    8,042        

of service for which credit is purchasable under this section is   8,043        

concurrent with a period of service that will be used to           8,044        

calculate a retirement benefit from this system, the public        8,045        

employees retirement system, or the school employees retirement    8,046        

system, the amount of the credit shall be adjusted in accordance   8,047        

with rules adopted by the state teachers retirement board.         8,048        

      A member who is also a member of the public employees        8,050        

retirement system or the school employees retirement system shall  8,051        

purchase credit for any service for which he THE MEMBER exempted   8,052        

                                                          170    


                                                                 
himself SELF under section 145.03 or 3309.23 of the Revised Code,  8,054        

or former section 3307.25 or 3309.25 of the Revised Code, or was   8,055        

exempt under section 3307.27 3307.24 of the Revised Code, from     8,056        

the retirement system in which he THE MEMBER has the greatest      8,058        

number of years of service credit.  If the member receives         8,060        

benefits under section 3307.41 3307.57 of the Revised Code, the    8,062        

state retirement system that determines and pays the retirement    8,063        

benefit shall receive from the other system or systems the         8,064        

amounts paid by the member for purchase of credit for exempt       8,065        

service plus interest at the actuarial assumption rate of the      8,066        

system paying that amount.  The interest shall be for the period   8,067        

beginning on the date of the member's last payment for purchase    8,068        

of the credit and ending on the date of the member's retirement.   8,069        

      (E)  If a member dies or withdraws from service, any         8,071        

payment made by the member under this section shall be considered  8,072        

as accumulated contributions of the member.                        8,073        

      (F)  The retirement board shall adopt rules to implement     8,075        

this section.                                                      8,076        

      Sec. 3307.32 3307.74.  (A)  Service credit purchased under   8,085        

this section shall be included in the member's total service       8,087        

credit. Credit may be purchased BY A MEMBER PARTICIPATING IN THE   8,088        

PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE  8,089        

for the following:                                                              

      (1)  Teaching service in a public or private school,         8,091        

college, or university of this or another state, and for teaching  8,092        

service in any school or entity operated by or for the United      8,093        

States government.  Teaching credit purchased under this section   8,094        

shall be limited to service rendered in schools, colleges, or      8,095        

universities chartered or accredited by the appropriate            8,096        

governmental agency.                                               8,097        

      (2)  Public service with another state or the United States  8,099        

government, provided that such credit shall be limited to service  8,100        

that would have been covered by the state teachers retirement      8,101        

system, the school employees retirement system, the Ohio police    8,103        

                                                          171    


                                                                 
and fire pension fund, the state highway patrol retirement         8,106        

system, or the public employees retirement system if served in a   8,107        

comparable public position in this state.                                       

      (3)  Service for which contributions were made by the        8,109        

member or on the member's behalf to a municipal retirement system  8,111        

in this state.                                                     8,112        

      The number of years of service purchased under this section  8,114        

shall not exceed the lesser of five years or the member's total    8,115        

accumulated number of years of Ohio service.                       8,116        

      (B)(1)  Except as otherwise provided in division (B)(2) of   8,118        

this section, for each year of service purchased under this        8,119        

section, a member shall pay to the state teachers retirement       8,120        

system for credit to the member's accumulated account an amount    8,122        

equal to the member's retirement contribution for full-time        8,123        

employment for the first year of Ohio service following            8,125        

termination of the service to be purchased.  To this amount shall  8,126        

be added an amount equal to compound interest at a rate            8,127        

established by the state teachers retirement board from the date   8,128        

of membership in the state teachers retirement system to the date  8,129        

of payment.                                                                     

      (2)  For each year of service described in division (A) of   8,131        

this section that commenced on or after July 1, 1989, and,         8,132        

without regard to when the service commenced, for each year of     8,133        

service purchased under division (A) of this section by a member   8,134        

who first established membership in the retirement system on or    8,135        

after July 1, 1989, the member shall pay to the retirement system  8,136        

for credit to the member's individual account an amount specified  8,138        

by the state teachers retirement board that shall be not less      8,139        

than fifty per cent of the additional liability resulting from     8,140        

the purchase of that year of service as determined by an actuary   8,141        

employed by the board.                                             8,142        

      (3)  A member may choose to purchase only part of the        8,144        

credit the member is eligible to purchase under this section in    8,146        

any one payment, subject to board rules.                           8,147        

                                                          172    


                                                                 
      (C)  A member is ineligible to purchase under this section   8,149        

service that is used in the calculation of any retirement benefit  8,150        

currently being paid or payable in the future to such member       8,151        

under any other retirement program, except social security.  At    8,152        

the time the credit is purchased, the member shall certify on a    8,153        

form furnished by the retirement board that the member does and    8,155        

will conform to this requirement.                                  8,156        

      (D)  Credit purchased under this section may be combined     8,158        

pursuant to section 3307.41 3307.57 of the Revised Code with       8,159        

credit purchased under sections 145.293 and 3309.31 of the         8,161        

Revised Code, except that not more than a total of five years'     8,162        

service credit purchased under this section and sections 145.293   8,163        

and 3309.31 of the Revised Code shall be used in determining       8,164        

retirement eligibility or calculating benefits under section       8,165        

3307.41 3307.57 of the Revised Code.                               8,167        

      (E)  The retirement board shall establish a policy to        8,169        

determine eligibility to purchase credit under this section, and   8,170        

its decision shall be final.                                       8,171        

      Sec. 3307.33 3307.741.  (A)  As used in this section,        8,180        

"other Ohio state retirement system" means the public employees    8,182        

retirement system, the school employees retirement system, the     8,183        

Ohio police and fire pension fund, or the state highway patrol     8,186        

retirement system.                                                              

      (B)  Any member PARTICIPATING IN THE PLAN DESCRIBED IN       8,188        

SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE, in addition to    8,189        

service as a teacher, may purchase credit for either of the        8,190        

following:                                                                      

      (1)  Similar service as a teacher in the public day          8,192        

schools, in state universities, state normal schools, and other    8,193        

state or municipal institutions of a character similar to the      8,194        

state or municipally supported schools of Ohio in which            8,195        

membership in the state teachers retirement system is allowed, of  8,196        

another state of the United States, or of any territory or         8,197        

possession of the United States, or of the District of Columbia;   8,198        

                                                          173    


                                                                 
       (2)  Similar service as an employee of an employer who      8,200        

comes within any other Ohio state retirement system but for        8,201        

service which is rendered at any time in another state of the      8,202        

United States or of any territory or possession thereof, or for    8,203        

service as an employee of the United States government, provided   8,204        

credit cannot be purchased for service credit or benefits          8,205        

received in any other state retirement system in Ohio.             8,206        

      (C)  Any member who has at least ten years of total service  8,208        

credit may also purchase credit for similar service as a teacher   8,209        

in a private school, college, university, or other educational     8,210        

institution that is located in this or another state, in any       8,211        

territory or possession of the United States, or in the District   8,212        

of Columbia, and is chartered or accredited by the appropriate     8,213        

governmental agency.                                               8,214        

      (D)  The state teachers retirement board shall have final    8,216        

authority to determine and fix the amount of the payment that      8,217        

shall be made for credit for service purchased under this          8,218        

section, provided that if the member established membership in     8,219        

the state teachers retirement system on or after July 1, 1989, or  8,220        

the credit is for service described in division  (B) or (C) of     8,221        

this section that commenced on or after July 1, 1989, the amount   8,222        

of the payment fixed by the board shall be not less than fifty     8,223        

per cent of the additional liability resulting from the credit as  8,224        

specified by an actuary employed by the board.                     8,225        

      A member may choose to purchase only part of the credit the  8,227        

member is eligible to purchase under this section in any one       8,229        

payment, subject to board rules.  Such payment, together with      8,230        

interest compounded annually at a rate to be determined by the     8,231        

board, may be refunded under the same conditions and in the same   8,232        

manner as refunds are made under section 3307.51 3307.26 of the    8,233        

Revised Code, and the credit provided by such payment shall be     8,235        

canceled.  At superannuation or commuted superannuation            8,236        

retirement such payment for service, with regular interest         8,237        

compounded annually at a rate to be determined by the board,       8,238        

                                                          174    


                                                                 
shall be deposited in the annuity and pension reserve fund as the  8,239        

reserve for additional annuity as provided in section 3307.51      8,240        

3307.26 of the Revised Code, excepting moneys charged for any      8,242        

additional liabilities resulting from the purchase of the service  8,243        

credit as determined by the actuary employed by the board.         8,244        

      Sec. 3307.02 3307.75.  (A)  As used in this section, "armed  8,253        

forces" of the United States includes both:                        8,255        

      (1)  Army, navy, air force, marine corps, coast guard,       8,257        

auxiliary corps as established by congress, army nurse corps,      8,258        

navy nurse corps, red cross nurse serving with the army, navy,     8,259        

air force, or hospital service of the United States, full-time     8,260        

service with the American red cross in a combat zone, and such     8,261        

other service as is designated by the congress as included         8,262        

therein;                                                           8,263        

      (2)  Personnel of the Ohio national guard, the Ohio          8,265        

military reserve, the Ohio naval militia, and the reserve          8,266        

components of the armed forces enumerated in division (A)(1) of    8,267        

this section who are called to active duty pursuant to an          8,268        

executive order issued by the president of the United States or    8,269        

an act of congress.                                                8,270        

      (B)  Upon presentation of an honorable discharge or          8,272        

certificate of service, and subject to rules adopted by the state  8,273        

teachers retirement board, any member of the state teachers        8,274        

retirement system PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS  8,275        

3307.50 TO 3307.79 OF THE REVISED CODE who was or is out of        8,277        

active service as a teacher by reason of having become a member    8,278        

of the armed forces of the United States on active duty or         8,279        

service shall be considered as on indefinite leave of absence and  8,280        

shall have such service not in excess of ten years considered as   8,281        

the equivalent of prior service, provided the member returns to    8,282        

service as a teacher within two years after the effective date of  8,283        

discharge and establishes one year of service credit, or becomes   8,284        

a member of either the public employees retirement system or the   8,285        

school employees retirement system within such two-year period     8,286        

                                                          175    


                                                                 
and establishes at least one year of service credit.  The          8,287        

retirement board shall extend such two-year period an additional   8,288        

year if failure to return is due to continuous professional        8,289        

training as determined by said board.  If such member, otherwise   8,290        

qualified for such credit, canceled membership by the withdrawal   8,292        

of the member's accumulated account, such military service credit  8,293        

shall be granted following the restoration of the member's         8,294        

canceled service credit as provided by section 3307.28 3307.71 of  8,296        

the Revised Code.  Any member of the state teachers retirement     8,298        

system or anyone who becomes a new entrant who is assigned or      8,299        

called to take charge of special training for essential national   8,300        

defense work or veterans' training courses in any of the public    8,301        

schools or universities of the state may make regular              8,302        

contributions to the state teachers retirement system even though  8,303        

the member's or new entrant's salary is paid from federal funds,   8,306        

provided the member's or new entrant's salary is disbursed by an   8,307        

employer.                                                                       

      (C)  A member of the state teachers retirement system is     8,309        

ineligible to receive service credit under this section for any    8,310        

year of military service credit used in the calculation of any     8,311        

retirement benefit currently being paid to the member or payable   8,312        

in the future under any other retirement program, except social    8,313        

security, or used to obtain service credit pursuant to section     8,314        

3307.021 3307.751 or 3307.022 3307.752 of the Revised Code.  At    8,316        

the time such credit is requested, the member shall certify on a   8,318        

form supplied by the retirement board that the member does and     8,319        

will conform to this requirement.  This division does not cancel   8,320        

any military service credit earned prior to March 15, 1979.        8,321        

      Sec. 3307.021 3307.751.  (A)  A member PARTICIPATING IN THE  8,330        

PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE  8,331        

may purchase service credit that shall be considered as the        8,333        

equivalent of Ohio service for each year of service incurred by    8,334        

reason of having been on active duty as a member of the armed      8,335        

forces of the United States, as defined in section 3307.02         8,336        

                                                          176    


                                                                 
3307.75 of the Revised Code.  The credit may be purchased at any   8,338        

time prior to the effective date of a benefit.  The number of      8,339        

years purchased under this division shall not exceed five.         8,340        

      (B)  For the purposes of this division, "prisoner of war"    8,342        

means any regularly appointed, enrolled, enlisted, or inducted     8,343        

member of the armed forces of the United States who was captured,  8,344        

separated, and incarcerated by an enemy of the United States.      8,345        

      A member PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS     8,347        

3307.50 TO 3307.79 OF THE REVISED CODE may purchase service        8,348        

credit that shall be considered as the equivalent of Ohio service  8,349        

for each year of service such member was a prisoner of war.  The   8,350        

number of years purchased under this division shall not exceed     8,351        

five.  Service credit may be purchased under this division for     8,352        

the same years of service used to purchase service credit under    8,353        

division (A) of this section.                                      8,354        

      (C)  The total number of years purchased under this section  8,356        

shall not exceed the member's total accumulated number of years    8,357        

of Ohio service.                                                   8,358        

      (D)(1)  Except as otherwise provided in division (D)(2) of   8,360        

this section, for each year of service purchased under division    8,361        

(A) or (B) of this section, the member shall pay to the state      8,362        

teachers retirement system for credit to the member's accumulated  8,364        

account an amount determined by the member rate of contribution    8,365        

in effect at the time the military service began multiplied by     8,366        

the member's annual compensation for full-time employment during   8,368        

the first year of service in Ohio following termination of         8,369        

military service.  If, however, a limit on maximum salary or       8,370        

maximum contribution was in effect at the time the military        8,371        

service began, the limit shall be applied to the salary received   8,372        

during the first year of service in Ohio to calculate the amount   8,373        

of payment.  To this amount shall be added an amount equal to      8,374        

compound interest at a rate established by the state teachers      8,375        

retirement board from the date active military service terminated  8,376        

to date of payment.                                                             

                                                          177    


                                                                 
      (2)  For each year of service purchased under division (A)   8,378        

or (B) of this section for military service that commenced on or   8,379        

after July 1, 1989, and, without regard to when the military       8,380        

service commenced, for each year of service purchased under        8,381        

division (A) or (B) of this section by a member who first          8,382        

established membership in the retirement system on or after July   8,383        

1, 1989, the member shall pay to the retirement system for credit  8,384        

to the member's individual account an amount specified by the      8,386        

state teachers retirement board that shall be not less than fifty  8,387        

per cent of the additional liability resulting from the purchase   8,388        

of that year of service as determined by an actuary employed by    8,389        

the board.                                                         8,390        

      (3)  A member may choose to purchase only part of the        8,392        

credit the member is eligible to purchase under this section in    8,394        

any one payment, subject to board rules.                           8,395        

      (E)  A member of the state teachers retirement system is     8,397        

ineligible to purchase service credit under this section for any   8,398        

year of military service that was:                                 8,399        

      (1)  Used in the calculation of any retirement benefit       8,402        

currently being paid to such member or payable in the future       8,403        

under any other retirement program, except for retired pay for     8,404        

non-regular service under Chapter 1223 of Section 1662 of Title    8,406        

XVI of the "National Defense Authorization Act for Fiscal Year     8,407        

1995," 108 Stat. 2998 (1994), 10 U.S.C.A. 12731 to 12739, or       8,408        

social security;                                                   8,409        

      (2)  Used to obtain service credit pursuant to section       8,411        

3307.02 3307.75 or 3307.022 3307.752 of the Revised Code.          8,413        

      At the time the credit is purchased, the member shall        8,416        

certify on a form furnished by the retirement board that the       8,417        

member does and will conform to this requirement.                  8,419        

      (F)  Credit purchased under this section may be combined     8,421        

pursuant to section 3307.41 3307.57 of the Revised Code with       8,422        

credit for military service purchased under sections 145.301 and   8,424        

3309.021 of the Revised Code, except that not more than a total    8,425        

                                                          178    


                                                                 
of five years of credit purchased under division (A) of this       8,426        

section, division (A) of section 145.301, and division (A) of      8,427        

section 3309.021 and not more than a total of five years of        8,428        

credit purchased under division (B) of this section, division (B)  8,429        

of section 145.301, and division (B) of section 3309.021 of the    8,430        

Revised Code shall be used in determining retirement eligibility   8,431        

or calculating benefits under section 3307.41 3307.57 of the       8,432        

Revised Code.                                                                   

      Sec. 3307.022 3307.752.  (A)  As used in this section:       8,442        

      (1)  "Service in the uniformed services" means the           8,444        

performance of duty on a voluntary or involuntary basis in a       8,445        

uniformed service under competent authority and includes active    8,446        

duty, active duty for training, initial active duty for training,  8,448        

inactive duty training, full-time national guard duty, and a       8,449        

period for which a person is absent from a position of employment  8,450        

for the purpose of an examination to determine the fitness of the  8,451        

person to perform any such duty.                                                

      (2)  "Uniformed services" means the army, navy, air force,   8,453        

marine corps, coast guard, or any reserve components of such       8,454        

services; national guard; the commissioned corps of the United     8,456        

States public health service; service as a red cross nurse with    8,458        

the army, navy, air force, or hospital service of the United       8,459        

States, army nurse corps, navy nurse corps, or serving full-time   8,461        

with the American red cross in a combat zone; and any other        8,463        

category of persons designated by the president in time of war or  8,464        

emergency.                                                                      

      (B)  On THE re-employment of a member PARTICIPATING IN THE   8,467        

PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE  8,468        

as a teacher by the same public employer that employed the member  8,469        

prior to the member's service in the uniformed services, the       8,470        

member may apply to the state teachers retirement system on a      8,471        

form provided by the system to purchase service credit for         8,472        

service in the uniformed services that shall be considered the     8,473        

equivalent of Ohio service credit.  On receipt of the              8,475        

                                                          179    


                                                                 
application, the retirement system shall request from the          8,476        

employer that employed the member as a teacher prior to the        8,477        

military service a certification that the member was employed by   8,478        

the employer prior to, and returned to employment with the         8,479        

employer within three months of honorable discharge or release     8,480        

from, service in the uniformed services.  If the employer can so   8,481        

certify, it shall do so and shall pay to the retirement system     8,482        

the employer's contribution required by this section.  The         8,483        

service credit shall be granted the member if all of the           8,484        

following requirements are met:                                                 

      (1)  The member was a member of and maintained membership    8,486        

in the state teachers retirement system throughout service in the  8,488        

uniformed services;                                                             

      (2)  The member was out of active service as a teacher by    8,490        

reason of service in the uniformed services;                       8,491        

      (3)  The member was honorably discharged or released from    8,493        

service in the uniformed services;                                 8,494        

      (4)  The member pays contributions to the retirement system  8,497        

in accordance with this section.                                                

      (C)  Credit may be purchased pursuant to this section at     8,500        

any time prior to receipt of a benefit.  The member may choose to  8,501        

purchase only part of the credit in any one payment, subject to    8,502        

board rules.  The retirement system shall grant service credit     8,503        

under this section, not to exceed five years, for each period of   8,504        

service in the uniformed services for which contributions have     8,505        

been received.                                                     8,506        

      (D)  For service purchased under this section, the member    8,509        

and the member's employer, subject to board rules, shall pay to    8,510        

the retirement system for credit to the member's accumulated       8,511        

account an amount equal to the contributions that would have been  8,512        

paid pursuant to sections 3307.51 3307.26 and 3307.53 3307.28 of   8,514        

the Revised Code if the member had not been out of active service  8,517        

as a teacher by reason of service in the uniformed services.       8,518        

      If a member pays all or any portion of the contributions     8,520        

                                                          180    


                                                                 
required by section 3307.51 3307.26 of the Revised Code later      8,523        

than the lesser of five years or a period that is three times the  8,524        

member's period of service in the uniformed services beginning     8,525        

from the later of the member's date of re-employment as a teacher  8,526        

or the effective date of this section OCTOBER 29, 1996, an amount  8,527        

equal to compound interest at a rate established by the board      8,529        

from the later of the member's date of re-employment as a teacher  8,530        

or the effective date of this section OCTOBER 29, 1996, to the     8,531        

date of payment shall be added to the remaining amount to be paid  8,533        

by the member to purchase service credit under this section.       8,534        

      (E)  This section does not cancel any military service       8,537        

credit or service in the uniformed services earned or granted      8,538        

under this chapter prior to the effective date of this section     8,539        

OCTOBER 29, 1996.                                                  8,540        

      (F)  If a member purchased service credit under section      8,543        

3307.021 3307.751 of the Revised Code prior to the effective date  8,547        

of this section OCTOBER 29, 1996, is not receiving a benefit, and  8,548        

would have been eligible to obtain service credit pursuant to      8,549        

this section had it been in effect at the time of purchase, the    8,550        

retirement system shall refund the amounts paid by the member for  8,551        

the purchase if both of the following requirements are met:        8,552        

      (1)  The member makes a written request for a refund on a    8,554        

form provided by the retirement system;                            8,555        

      (2)  The member pays to the retirement system the            8,557        

contributions required by this section.                            8,558        

      (G)  If the member meets the requirements of division (F)    8,562        

of this section, the employer shall pay to the retirement system   8,563        

the employer's contributions required by this section.             8,564        

      Sec. 3307.411 3307.76.  (A)  A member of the state teachers  8,573        

retirement system PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS  8,574        

3307.50 TO 3307.79 OF THE REVISED CODE shall, in computing years   8,575        

of total service, be given full credit for time served in the      8,576        

public employees retirement system under Chapter 145. of the       8,577        

Revised Code or in the school employees retirement system under    8,578        

                                                          181    


                                                                 
Chapter 3309. of the Revised Code, provided that the member pays   8,579        

to the state teachers retirement system the amount specified in    8,580        

division (B) of this section.                                      8,581        

      (B)  For each year of service described in division (A) of   8,583        

this section , a member shall pay an amount specified by the       8,584        

state teachers retirement board, which shall be not less than      8,585        

fifty per cent of the additional liability resulting from the      8,586        

purchase of that year of service as determined by an actuary       8,587        

employed by the board.                                             8,588        

      (C)  A member may choose to purchase only part of the        8,590        

credit the member is eligible to purchase under this section in    8,592        

any one payment, subject to board rules.                           8,593        

      A member is ineligible to purchase credit under this         8,595        

section if credit for the service may be obtained from the public  8,597        

employees retirement system or school employees retirement system  8,598        

or if the credit is for service that is used in the calculation    8,599        

of any retirement benefit currently being paid or payable in the   8,600        

future to the member.                                                           

      Sec. 3307.412 3307.761.  (A)  A member of the state          8,610        

teachers retirement system PARTICIPATING IN THE PLAN DESCRIBED IN  8,611        

SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE who has                         

contributions on deposit with the Ohio police and fire pension     8,613        

fund or the state highway patrol retirement system shall, in       8,614        

computing years of total service, be given full credit for         8,615        

service credit earned under Chapter 742. or 5505. of the Revised   8,618        

Code or purchased for service in the armed forces of the United    8,621        

States if a transfer to the state teachers retirement system is    8,623        

made under this division.  At the request of the member, the Ohio  8,624        

police and fire pension fund or state highway patrol retirement    8,625        

system shall transfer to the state teachers retirement system,     8,626        

for each year of service, the sum of the following:                8,628        

      (1)  An amount equal to the member's payments for service    8,631        

in the armed forces of the United States and accumulated           8,633        

contributions to the transferring fund or system;                  8,634        

                                                          182    


                                                                 
      (2)  An amount equal to the lesser of the employer's         8,636        

contributions to the Ohio police and fire pension fund or state    8,638        

highway patrol retirement system or the amount that would have     8,639        

been contributed by the employer for the service had the member    8,640        

been a member of the state teachers retirement system;             8,641        

      (3)  Interest, determined as provided in division (E) of     8,644        

this section, on the amounts specified in divisions (A)(1) and     8,646        

(2) of this section from the last day of the year for which the    8,648        

service credit was earned or in which military service credit was  8,649        

purchased or obtained to the date the transfer is made.            8,651        

      (B)  A member PARTICIPATING IN THE PLAN DESCRIBED IN         8,653        

SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE who has at least   8,655        

eighteen months of contributing service with the state teachers    8,656        

retirement system, is a former member of the Ohio police and fire  8,658        

pension fund or state highway patrol retirement system, and has    8,660        

received a refund of contributions to that fund or system shall,   8,661        

in computing years of total service, be given full credit for      8,662        

service credit earned under Chapter 742. or 5505. of the Revised   8,664        

Code or purchased for service in the armed forces of the United    8,667        

States if, for each year of service, the state teachers            8,669        

retirement system receives the sum of the following:               8,670        

      (1)  An amount, which shall be paid by the member, equal to  8,673        

the amount refunded by the Ohio police and fire pension fund or    8,674        

the state highway patrol retirement system to the member for that  8,675        

year for accumulated contributions and payments for purchase of    8,676        

credit for service in the armed forces of the United States, with  8,678        

interest on that amount from the date of the refund to the date    8,680        

of the payment;                                                    8,681        

      (2)  Interest, which shall be transferred by the Ohio        8,684        

police and fire pension fund or state highway patrol retirement    8,687        

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     8,689        

the service credit was earned or in which military service credit  8,690        

was purchased or obtained to the date the refund was made;         8,692        

                                                          183    


                                                                 
      (3)  An amount, which shall be transferred by the Ohio       8,694        

police and fire pension fund or state highway patrol retirement    8,696        

system, equal to the lesser of the amount contributed by the       8,697        

employer to the Ohio police and fire pension fund or state         8,698        

highway patrol retirement system for that year or the amount that  8,699        

would have been contributed by the employer for the year had the   8,700        

member been a member of the state teachers retirement system,      8,701        

with interest on that amount from the last day of the year for     8,704        

which the service credit was earned or in which military service   8,705        

credit was purchased or obtained to the date of the transfer.      8,707        

      On receipt of payment from the member, the state teaches     8,710        

TEACHERS retirement system shall notify the Ohio police and fire   8,712        

pension fund or the state highway patrol retirement system,        8,713        

which, on receipt of the notice, shall make the transfer required  8,714        

by this division.  Interest shall be determined as provided in     8,715        

division (E) of this section.                                      8,716        

      A member may choose to purchase only part of the credit the  8,719        

member is eligible to purchase under this division in any one      8,720        

payment, subject to rules of the state teachers retirement board.  8,721        

      (C)  A member is ineligible to obtain credit under this      8,724        

section for service that is used in the calculation of any         8,725        

retirement benefit currently being paid or payable in the future.  8,726        

      (D)  If a member of the state teachers retirement system     8,729        

who is not a current contributor elects to obtain credit under     8,730        

section 742.379 or 5505.202 of the Revised Code for service for    8,731        

which the member contributed to the state teachers retirement      8,732        

system or purchased credit for service in the armed forces of the  8,733        

United States, the state teachers retirement system shall          8,736        

transfer to the Ohio police and fire pension fund or state         8,737        

highway patrol retirement system, as applicable, the amount        8,738        

specified in division (D) of section 742.379 or division (B)(2)    8,740        

of section 5505.202 of the Revised Code.                           8,741        

      (E)  Interest charged under this section shall be            8,744        

calculated separately for each year of service credit at the       8,745        

                                                          184    


                                                                 
lesser of the actuarial assumption rate for that year of the       8,746        

state teachers retirement system or of the fund or retirement      8,747        

system in which the credit was earned.  The interest shall be      8,748        

compounded annually.                                               8,749        

      (F)  The state teachers retirement board shall credit to a   8,752        

member's account in the teachers' savings fund the amounts         8,753        

described in divisions (A)(1) and (B)(1) of this section, except   8,755        

that the interest paid by the member under division (B)(1) of      8,756        

this section shall be credited to the employers' trust fund.  The  8,758        

board shall credit to the employers' trust fund the amounts                     

described in divisions (A)(2), (3), and (B)(2) of this section.    8,761        

      Sec. 3307.512 3307.77.  (A)  As used in this section,        8,770        

"employer" means the employer employing a member of the state      8,772        

teachers retirement system at the time the member commences an     8,773        

absence, or is granted a leave described in this section.          8,774        

      (B)  Any member of the state teachers retirement system      8,776        

PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO         8,777        

3307.79 OF THE REVISED CODE who is, or has been, prevented from    8,778        

making contributions under section 3307.51 3307.26 of the Revised  8,779        

Code because of an absence due to his THE MEMBER'S own illness or  8,781        

injury, or who is, or has been, granted a leave for educational,   8,783        

professional, or other purposes pursuant to section 3319.13,       8,784        

3319.131, or 3345.28 of the Revised Code or for any other reason   8,785        

approved by the state teachers retirement board, may purchase      8,786        

service credit, not to exceed two years for each such period of    8,787        

absence or leave, either by having deductions made in accordance   8,788        

with division (C) of this section or by making the payment         8,789        

required by division (D) or (E) of this section.                                

      (C)  If the absence or leave begins and ends in the same     8,791        

year, the member may purchase credit for the absence or leave by   8,792        

having the employer deduct and transmit to the system from         8,793        

payrolls in that year employee contributions on the amount         8,794        

certified by the employer as the compensation the member would     8,795        

have received had he THE MEMBER remained employed in the position  8,797        

                                                          185    


                                                                 
he held when the absence or leave commenced.  The deductions may   8,798        

be made even though the minimum compensation provided by law for   8,799        

the member is reduced thereby, unless the amount to be deducted    8,800        

exceeds the compensation to be paid the member from the time       8,801        

deductions begin until the end of the year, in which case credit   8,802        

may not be purchased under this division.  The employer shall pay  8,803        

the system the employer contributions on the compensation amount   8,804        

certified under this division.  Employee and employer              8,805        

contributions shall be made at the rates in effect at the time     8,806        

the absence or leave occurred.  If the employee or employer rates  8,807        

in effect change during the absence or leave, the contributions    8,808        

for each month of the absence or leave shall be made at the rate   8,809        

in effect for that month.                                          8,810        

      (D)  During or following the absence or leave, but no later  8,812        

than two years following the last day of the year in which the     8,813        

absence or leave terminates, a member may purchase credit for the  8,814        

absence or leave by paying to the employer, and the employer       8,815        

transmitting to the system, employee contributions on the amount   8,816        

certified by the employer as the compensation the member would     8,817        

have received had he THE MEMBER remained employed in the position  8,819        

he held when the absence or leave commenced.  The employer shall   8,820        

pay the system the employer contributions on the compensation      8,821        

amount certified under this division.  Employee and employer       8,822        

contributions shall be made at the rates in effect at the time     8,823        

the absence or leave occurred.  If the employee or employer rates  8,824        

in effect change during the absence or leave, the contributions    8,825        

for each month of an absence or leave shall be made at the rate    8,826        

in effect for that month.                                          8,827        

      (E)  After two years following the last day of the year in   8,829        

which an absence or leave terminated, a member may purchase        8,830        

credit for the absence or leave by paying the employer, and the    8,831        

employer transmitting to the system, the sum of the following for  8,832        

each year of credit purchased:                                     8,833        

      (1)  An amount determined by multiplying the employee rate   8,835        

                                                          186    


                                                                 
of contribution in effect at the time the absence or leave         8,836        

commenced by the member's annual compensation for his THE          8,837        

MEMBER'S last full year of service prior to the commencement of    8,839        

the absence or leave, or, if he THE MEMBER has not had a full      8,840        

year of service, the compensation the member would have received   8,842        

for the year the absence or leave commenced had he THE MEMBER      8,843        

continued in service for a full year;                              8,845        

      (2)  Interest compounded annually, at a rate determined by   8,847        

the board, on the amount determined under division (E)(1) of this  8,848        

section for the period commencing two years following the last     8,849        

day of the year in which the absence or leave terminated and       8,850        

ending on the date of payment;                                     8,851        

      (3)  Interest compounded annually, at a rate determined by   8,853        

the board, on an amount equal to the employer's contribution       8,854        

required by this division for the period commencing two years      8,855        

following the last day of the year in which the absence or leave   8,856        

terminated and ending on the date of payment.                      8,857        

      The employer shall pay to the system for each year of        8,859        

credit purchased under this division an amount determined by       8,860        

multiplying the employer contribution rate in effect at the time   8,861        

the absence or leave commenced by the member's annual              8,862        

compensation for his THE MEMBER'S last full year of service prior  8,864        

to the commencement of the absence or leave, or, if he THE MEMBER  8,865        

has not had a full year of service, the compensation the member    8,867        

would have received for the year the absence or leave commenced    8,868        

had he THE MEMBER continued in service for a full year.            8,870        

      (F)  A member who chooses to purchase service credit under   8,872        

division (D) or (E) of this section may choose to purchase only    8,873        

part of the credit for which he THE MEMBER is eligible in any one  8,875        

payment, but payments made more than two years following the last  8,876        

day of the year in which the absence or leave terminated shall be  8,877        

made in accordance with division (E) of this section.              8,878        

      (G)  The state teachers retirement board may adopt rules to  8,880        

implement this section.                                            8,881        

                                                          187    


                                                                 
      Sec. 3307.515 3307.771.  As used in this section, "regular   8,890        

employment" means a consistent pattern of employment for twelve    8,892        

or more consecutive weeks by the same employer during the year.    8,893        

      A member of the state teachers retirement system             8,895        

PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO         8,896        

3307.79 OF THE REVISED CODE who prior to July 1, 1982, was         8,897        

granted a leave of absence for pregnancy or resigned due to        8,898        

pregnancy may purchase service credit for a period for which she   8,899        

did not make contributions under section 3307.51 3307.26 of the    8,900        

Revised Code.  Service credit purchased under this section shall   8,902        

not exceed the lesser of two years or the period from the day the  8,903        

leave commenced or the effective date of resignation to the date   8,904        

of the member's return to regular employment as a contributor to                

the retirement system.  A member may purchase credit for more      8,905        

than one period of absence due to pregnancy, but the total         8,906        

service credit purchased under this section, FORMER section        8,907        

3307.513, and FORMER section 3307.514 of the Revised Code shall    8,908        

not exceed two years.  The member shall submit evidence            8,909        

satisfactory to the retirement board documenting that the leave    8,910        

or resignation was due to pregnancy.                                            

      For each year of service credit purchased under this         8,912        

section, the member shall pay to the system for credit to her      8,913        

accumulated account an amount determined by multiplying the        8,914        

employee rate of contribution in effect at the time the leave or   8,915        

absence commenced by her annual compensation for full-time                      

employment during the first year of service in Ohio following      8,916        

termination of the absence or leave and adding to that amount      8,917        

interest compounded annually, at a rate established by the board,  8,918        

from the date the absence or leave terminated to the date of       8,919        

payment.                                                                        

      A member may purchase all or part of the credit for which    8,921        

she is eligible in one or more payments.  A member who purchases   8,922        

service credit for an absence or leave under this section may not  8,923        

purchase credit for that absence or leave under section 3307.512   8,924        

                                                          188    


                                                                 
3307.77 of the Revised Code.  A member who has purchased service   8,925        

credit for an absence or leave under FORMER section 3307.512,      8,926        

3307.513, or 3307.514 OR SECTION 3307.77 of the Revised Code may   8,927        

not purchase credit under this section for the same period of      8,928        

absence or leave.                                                               

      The state teachers retirement board may adopt rules to       8,930        

implement this section.                                            8,931        

      Sec. 3307.311 3307.78.  (A)  As used in this section,        8,940        

"school board member" means a member of a city, local, exempted    8,942        

village, or joint vocational school district board of education    8,943        

and "governing board member" means a member of an educational      8,944        

service center governing board.                                    8,945        

      (B)  A member of the state teachers retirement system        8,947        

PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO         8,948        

3307.79 OF THE REVISED CODE who does both of the following may     8,949        

purchase credit for service as a school board or governing board   8,950        

member, other than service subject to the tax on wages imposed by  8,952        

the "Federal Insurance Contributions Act," 68A Stat. 415 (1954),   8,953        

26 U.S.C.A. 3101, as amended, if the member is eligible to retire  8,955        

under this chapter or will become eligible to retire as a result   8,956        

of purchasing the credit:                                                       

      (1)  Agrees to retire within ninety days after receiving     8,958        

notice of the additional liability under division (C) of this      8,959        

section;                                                           8,960        

      (2)  Provides evidence satisfactory to the STATE TEACHERS    8,962        

retirement board of service as a school board or governing board   8,964        

member during the years for which the member wishes to purchase    8,966        

credit.                                                                         

      Credit may be purchased for service as a school board or     8,969        

governing board member between September 1, 1920, and the first                 

day of January of the year in which the credit is purchased.  A    8,971        

member is eligible to purchase one-quarter of a year's credit for  8,972        

each year of service as a school board or governing board member.  8,973        

      Credit purchased under this section shall be included in     8,975        

                                                          189    


                                                                 
the member's total service credit for the purposes of section      8,976        

3307.36 3307.52 of the Revised Code.                               8,977        

      (C)  On receipt of a request from a member eligible to       8,979        

purchase credit under this section, the system shall obtain from   8,980        

its actuary certification of the additional liability to the       8,981        

system for each quarter year of credit the member is eligible to   8,982        

purchase and shall notify the member of such additional            8,983        

liability.  Within ninety days after receiving notice of the       8,984        

additional liability, the member may purchase in quarter-year      8,985        

increments any portion of the credit the member is eligible to     8,986        

purchase.  For each quarter year of credit purchased, the member   8,987        

shall pay to the system an amount equal to the additional          8,988        

liability resulting from the purchase.  Payment shall be made in   8,989        

full at the time of purchase.                                      8,990        

      (D)  The state teachers retirement board shall adopt rules   8,992        

in accordance with section 111.15 of the Revised Code concerning   8,993        

the purchase of credit under this section.  In addition to any     8,994        

other matters considered relevant by the board, the rules shall    8,995        

specify the procedure to be followed to inform the system that a   8,997        

member wishes to purchase credit for service as a school board or  8,999        

governing board member.                                                         

      (E)  If the member does not retire within ninety days after  9,001        

purchasing credit under this section, the system shall withdraw    9,002        

the credit and refund the amount paid by the member.               9,003        

      Sec. 3307.383 3307.79.  (A)  A member whose death occurred   9,013        

prior to July 1, 1973, who at the time of death had more than      9,014        

thirty-four but less than thirty-five years of service credit      9,015        

shall be presumed to have completed thirty-five years of such      9,016        

credit.  Any member whose death occurred on or after July 1,       9,017        

1973, but prior to August 20, 1976, and who at the time of death   9,018        

had more than thirty-one but less than thirty-two years of         9,019        

service credit shall be presumed to have completed thirty-two      9,020        

years of such credit.  Any member PARTICIPATING IN THE PLAN        9,021        

DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE       9,022        

                                                          190    


                                                                 
whose death occurs on or after August 20, 1976, and who at the     9,023        

time of death has more than twenty-nine but less than thirty       9,024        

years of service credit shall be presumed to have completed        9,025        

thirty years of such credit.                                                    

      Upon (B)  ON the death of a member WHO IS PARTICIPATING IN   9,028        

THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED                

CODE prior to service retirement, the surviving spouse or          9,030        

dependents of the deceased member shall have the right to          9,031        

purchase any service credit the member, had the member not died,   9,033        

would have been eligible to purchase pursuant to sections                       

3307.021 3307.71, 3307.022 3307.72, 3307.22 3307.73, 3307.28       9,035        

3307.74, 3307.32 3307.741, 3307.33 3307.751, 3307.411 3307.752,    9,037        

3307.412 3307.76, 3307.512 3307.761, 3307.77, and 3307.73          9,040        

3307.771 of the Revised Code upon the same terms and conditions    9,041        

which the deceased member could have purchased such service        9,042        

credit had the deceased member not died.  Any service credit       9,043        

purchased under this section shall be applied under the            9,045        

provisions of this chapter in the same manner as it would have     9,046        

been applied had it been purchased by the deceased member during   9,047        

the deceased member's lifetime.                                    9,048        

      Sec. 3307.80.  THE STATE TEACHERS RETIREMENT BOARD SHALL     9,050        

ADOPT RULES TO IMPLEMENT THE PLANS ESTABLISHED UNDER SECTION       9,051        

3307.81 OF THE REVISED CODE.                                       9,052        

      Sec. 3307.81.  THE STATE TEACHERS RETIREMENT BOARD SHALL     9,054        

ESTABLISH ONE OR MORE PLANS CONSISTING OF BENEFIT OPTIONS THAT     9,055        

PROVIDE FOR AN INDIVIDUAL ACCOUNT FOR EACH PARTICIPATING MEMBER    9,056        

AND UNDER WHICH BENEFITS ARE BASED SOLELY ON THE AMOUNTS THAT      9,058        

HAVE ACCUMULATED IN THE ACCOUNT.  THE PLANS MAY INCLUDE OPTIONS    9,059        

UNDER WHICH A MEMBER PARTICIPATING IN A PLAN MAY RECEIVE           9,060        

DEFINITELY DETERMINABLE BENEFITS.                                               

      EACH PLAN ESTABLISHED UNDER THIS SECTION SHALL MEET THE      9,063        

REQUIREMENTS OF SECTIONS 3307.81 TO 3307.89 OF THE REVISED CODE.   9,064        

IT MAY INCLUDE LIFE INSURANCE, ANNUITIES, VARIABLE ANNUITIES,      9,065        

REGULATED INVESTMENT TRUSTS, POOLED INVESTMENT FUNDS, OR OTHER     9,067        

                                                          191    


                                                                 
FORMS OF INVESTMENT.                                                            

      THE BOARD MAY ADMINISTER THE PLANS, ENTER INTO CONTRACTS     9,069        

WITH OTHER ENTITIES TO ADMINISTER THE PLANS, OR BOTH.  THE BOARD   9,070        

MAY CONTRACT WITH ANOTHER ENTITY TO ADMINISTER THE PLANS IF THE    9,071        

ENTITY AGREES TO MEET ALL REQUIREMENTS OF THIS CHAPTER APPLICABLE  9,072        

TO THE PLANS.                                                      9,073        

      Sec. 3307.811.  EACH PLAN ESTABLISHED UNDER SECTION 3307.81  9,076        

OF THE REVISED CODE SHALL MEET THE REQUIREMENTS NECESSARY TO       9,077        

QUALIFY AS A RETIREMENT SYSTEM MAINTAINED BY A STATE OR LOCAL      9,079        

GOVERNMENT ENTITY UNDER DIVISION (b)(7)(F) OF SECTION 3121 OF THE  9,080        

"INTERNAL REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A.       9,084        

3121(b)(7)(F), AS AMENDED.  EACH PARTICIPANT IN A PLAN SHALL       9,086        

QUALIFY AS A MEMBER OF THAT SYSTEM.                                9,087        

      Sec. 3307.812.  IN ESTABLISHING A PLAN UNDER SECTION         9,089        

3307.81 OF THE REVISED CODE, THE STATE TEACHERS RETIREMENT BOARD   9,091        

MAY DO ALL THINGS NECESSARY TO AVOID THE SYSTEM BEING REQUIRED TO  9,092        

PAY FEDERAL OR STATE INCOME TAXES ON CONTRIBUTIONS TO THE PLAN OR  9,094        

AMOUNTS EARNED UNDER THE PLAN AND, TO THE EXTENT PERMITTED UNDER   9,096        

FEDERAL OR STATE LAW, TO ALLOW MEMBERS PARTICIPATING IN THE PLAN   9,097        

TO MAKE TAX DEFERRED CONTRIBUTIONS FOR PERIODS OF INTERRUPTED OR                

PRIOR SERVICE.                                                     9,098        

      Sec. 3307.83.  THE RIGHT OF EACH MEMBER PARTICIPATING IN A   9,100        

PLAN ESTABLISHED UNDER SECTION 3307.81 OF THE REVISED CODE TO A    9,101        

RETIREMENT, DISABILITY, OR SURVIVOR BENEFIT, TO HEALTH CARE        9,103        

INSURANCE COVERAGE, OR TO A WITHDRAWAL OF CONTRIBUTIONS SHALL BE   9,105        

GOVERNED BY THE PLAN SELECTED BY THE MEMBER UNDER SECTION 3307.25               

OR 3307.251 OF THE REVISED CODE.                                   9,108        

      Sec. 3307.84.  FOR EACH MEMBER PARTICIPATING IN A PLAN       9,110        

ESTABLISHED UNDER SECTION 3307.81 OF THE REVISED CODE, THE STATE   9,111        

TEACHERS RETIREMENT SYSTEM SHALL TRANSFER TO THE EMPLOYERS' TRUST  9,112        

FUND A PORTION OF THE EMPLOYER CONTRIBUTION REQUIRED UNDER         9,113        

SECTION 3307.28 OF THE REVISED CODE THAT IS EQUAL TO THE           9,114        

PERCENTAGE OF COMPENSATION OF MEMBERS DESCRIBED IN THIS SECTION    9,115        

FOR WHOM THE CONTRIBUTIONS ARE BEING MADE THAT IS DETERMINED BY    9,117        

                                                          192    


                                                                 
THE BOARD'S ACTUARY TO BE NECESSARY TO MITIGATE ANY NEGATIVE       9,118        

FINANCIAL IMPACT ON THE STATE TEACHERS RETIREMENT SYSTEM OF THE    9,119        

PARTICIPATION OF MEMBERS IN A PLAN ESTABLISHED UNDER SECTION       9,120        

3307.81 OF THE REVISED CODE.  THE REMAINDER SHALL BE CREDITED AS   9,122        

PROVIDED IN SECTION 3307.28 OF THE REVISED CODE.                   9,123        

      THE STATE TEACHERS RETIREMENT BOARD SHALL HAVE PREPARED      9,127        

ANNUALLY AN ACTUARIAL STUDY TO DETERMINE WHETHER THE PERCENTAGE    9,128        

TRANSFERRED UNDER THIS SECTION SHOULD BE CHANGED TO REFLECT A      9,129        

CHANGE IN THE LEVEL OF THE NEGATIVE FINANCIAL IMPACT RESULTING     9,130        

FROM PARTICIPATION OF MEMBERS IN A PLAN ESTABLISHED UNDER SECTION               

3307.81 OF THE REVISED CODE.  THE PERCENTAGE TRANSFERRED UNDER     9,132        

THIS SECTION SHALL BE INCREASED OR DECREASED TO REFLECT THE        9,133        

AMOUNT NEEDED TO MITIGATE THE NEGATIVE FINANCIAL IMPACT, IF ANY,   9,134        

ON THE SYSTEM, AS DETERMINED BY THE ACTUARIAL STUDY.  AN INCREASE  9,135        

OR DECREASE SHALL TAKE EFFECT ON THE FIRST DAY OF THE MONTH        9,136        

FOLLOWING THE DATE THE CONCLUSIONS OF THE ACTUARIAL STUDY ARE      9,137        

REPORTED TO THE BOARD.                                                          

      THE SYSTEM SHALL MAKE THE TRANSFER REQUIRED UNDER THIS       9,140        

SECTION UNTIL THE UNFUNDED ACTUARIAL ACCRUED LIABILITY FOR ALL     9,141        

BENEFITS, EXCEPT HEALTH CARE BENEFITS PROVIDED UNDER SECTION       9,142        

3307.39 OR 3307.61 OF THE REVISED CODE AND BENEFIT INCREASES       9,143        

PROVIDED TO MEMBERS AND FORMER MEMBERS PARTICIPATING IN THE PLAN                

DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE       9,144        

AFTER THE EFFECTIVE DATE OF THIS SECTION, IS FULLY AMORTIZED, AS   9,146        

DETERMINED BY THE ANNUAL ACTUARIAL VALUATION PREPARED UNDER                     

SECTION 3307.51 OF THE REVISED CODE.                               9,148        

      Sec. 3307.86.  THE STATE TEACHERS RETIREMENT SYSTEM MAY      9,150        

REQUIRE MEMBERS PARTICIPATING IN A PLAN ESTABLISHED UNDER SECTION  9,151        

3307.81 OF THE REVISED CODE AND THEIR EMPLOYERS TO FURNISH THE     9,152        

CONTRIBUTIONS AND INFORMATION REQUIRED UNDER THIS CHAPTER AT MORE  9,154        

FREQUENT INTERVALS THAN THOSE REQUIRED FOR MEMBERS PARTICIPATING   9,155        

IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE        9,156        

REVISED CODE.  THE SYSTEM HAS NO DUTY TO ACCEPT CONTRIBUTIONS BY   9,157        

OR ON BEHALF OF A MEMBER IF A CONTRIBUTION OR INFORMATION IS NOT   9,158        

                                                          193    


                                                                 
FURNISHED AT SUCH INTERVALS.                                                    

      Sec. 3307.87.  (A)(1)  IF A MEMBER PARTICIPATING IN A PLAN   9,160        

ESTABLISHED UNDER SECTION 3307.81 OF THE REVISED CODE IS MARRIED   9,161        

AT THE TIME ANY BENEFITS UNDER THE PLAN COMMENCE, BENEFITS SHALL   9,163        

BE PAID IN ACCORDANCE WITH DIVISION (A)(2) OF THIS SECTION,                     

UNLESS THE SPOUSE HAS CONSENTED UNDER DIVISION (C) OF THIS         9,164        

SECTION TO A DIFFERENT FORM OF PAYMENT.                            9,165        

      (2)  THE BENEFITS DESCRIBED IN DIVISION (A)(1) OF THIS       9,167        

SECTION SHALL BE PAID IN THE FORM OF AN ANNUITY, WHICH SHALL       9,168        

CONSIST OF THE ACTUARIAL EQUIVALENT OF THE MEMBER'S BENEFITS, IN   9,169        

AN AMOUNT THAT IS PAYABLE FOR THE LIFE OF THE MEMBER AND ONE-HALF  9,170        

OF THE AMOUNT CONTINUING AFTER THE MEMBER'S DEATH TO THE SPOUSE    9,172        

FOR THE LIFE OF THE SPOUSE.                                                     

      (B)  IF A MEMBER PARTICIPATING IN A PLAN ESTABLISHED UNDER   9,174        

SECTION 3307.81 OF THE REVISED CODE IS MARRIED AT THE TIME OF THE  9,175        

MEMBER'S DEATH, ANY BENEFITS THAT ARE PAYABLE TO THE MEMBER SHALL  9,176        

BE PAID TO THE MEMBER'S SPOUSE, UNLESS THE SPOUSE HAS CONSENTED    9,177        

UNDER DIVISION (C) OF THIS SECTION TO THE DESIGNATION OF A         9,178        

DIFFERENT BENEFICIARY.                                             9,179        

      (C)  A PLAN ESTABLISHED UNDER SECTION 3307.81 OF THE         9,181        

REVISED CODE SHALL INCLUDE REQUIREMENTS FOR CONSENT UNDER THIS     9,183        

SECTION THAT ARE THE SAME AS THE REQUIREMENTS SPECIFIED IN         9,184        

DIVISION (a)(2) OF SECTION 417 OF THE INTERNAL REVENUE CODE, 26    9,185        

U.S.C.A. 417(a)(2), AS AMENDED.  EACH PLAN MAY WAIVE CONSENT IF    9,187        

THE SPOUSE CANNOT BE LOCATED OR FOR ANY OTHER REASON SPECIFIED IN  9,188        

THE REGULATIONS ADOPTED UNDER THAT SECTION.                                     

      CONSENT OR WAIVER IS EFFECTIVE ONLY WITH REGARD TO THE       9,190        

SPOUSE WHO IS THE SUBJECT OF THE CONSENT OR WAIVER.                9,191        

      Sec. 3307.88.  (A)  THIS SECTION APPLIES TO A MEMBER OF THE  9,193        

STATE TEACHERS RETIREMENT SYSTEM WHO MADE AN ELECTION UNDER        9,194        

SECTION 3307.25 OF THE REVISED CODE TO PARTICIPATE IN A PLAN       9,195        

ESTABLISHED UNDER SECTION 3307.81 OF THE REVISED CODE.             9,196        

      (B)  ON THE FIRST DAY OF JULY FOLLOWING THE FOURTH           9,198        

ANNIVERSARY OF THE DATE MEMBERSHIP BEGAN, A MEMBER SHALL BEGIN     9,199        

                                                          194    


                                                                 
PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO         9,202        

3307.79 OF THE REVISED CODE UNLESS, PRIOR TO THAT DAY, THE MEMBER  9,203        

ELECTS UNDER SECTION 3307.881 OF THE REVISED CODE TO REMAIN IN A   9,205        

PLAN ESTABLISHED UNDER SECTION 3307.81 OF THE REVISED CODE.        9,206        

      (C)  WHEN, UNDER DIVISION (B) OF THIS SECTION, A MEMBER      9,208        

BEGINS PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO  9,210        

3307.79 OF THE REVISED CODE, THE SYSTEM SHALL DO ALL OF THE        9,211        

FOLLOWING:                                                                      

      (1)  TRANSFER FROM THE MEMBER'S ACCOUNT IN THE DEFINED       9,213        

CONTRIBUTION FUND TO AN ACCOUNT IN THE TEACHERS' SAVINGS FUND THE  9,214        

SUM OF THE FOLLOWING:                                              9,215        

      (a)  AN AMOUNT EQUAL TO THE CONTRIBUTIONS MADE PURSUANT TO   9,217        

SECTION 3307.26 OF THE REVISED CODE;                               9,218        

      (b)  ANY SUPPLEMENTAL CONTRIBUTIONS MADE BY THE MEMBER;      9,220        

      (c)  ANY EARNINGS FROM SUPPLEMENTAL CONTRIBUTIONS.           9,222        

      (2)  TRANSFER TO THE EMPLOYERS' TRUST FUND THE SUM OF THE    9,224        

FOLLOWING:                                                                      

      (a)  AN AMOUNT EQUAL TO THE CONTRIBUTIONS MADE PURSUANT TO   9,226        

SECTION 3307.28 OF THE REVISED CODE;                               9,228        

      (b)  ANY AMOUNT REMAINING IN THE MEMBER'S ACCOUNT IN THE     9,231        

DEFINED CONTRIBUTION FUND AFTER THE TRANSFERS DESCRIBED IN         9,232        

DIVISIONS (C)(1) AND (2)(a) OF THIS SECTION ARE MADE.              9,233        

      (3)  GRANT SERVICE CREDIT IN ACCORDANCE WITH RULES ADOPTED   9,235        

UNDER SECTION 3307.53 OF THE REVISED CODE.                         9,236        

      (D)  IF THE AMOUNT IN THE MEMBER'S ACCOUNT IN THE DEFINED    9,238        

CONTRIBUTION FUND IS LESS THAN THE AMOUNT THE MEMBER WOULD HAVE    9,240        

HAD IN AN ACCOUNT IN THE TEACHERS' SAVINGS FUND HAD THE MEMBER     9,241        

ELECTED TO PARTICIPATE IN THE PLAN DESCRIBED IN SECTIONS 3307.50                

TO 3307.79 OF THE REVISED CODE, THE SYSTEM SHALL TRANSFER FROM     9,243        

THE GUARANTEE FUND ESTABLISHED UNDER SECTION 3307.14 OF THE        9,244        

REVISED CODE TO THE TEACHERS' SAVINGS FUND THE AMOUNT NECESSARY    9,246        

TO MAKE THE TRANSFER REQUIRED BY DIVISION (C)(1)(a) OF THIS        9,247        

SECTION.                                                           9,248        

      (E)  EXCEPT FOR SERVICE CREDIT GRANTED UNDER DIVISION        9,251        

                                                          195    


                                                                 
(C)(3) OF THIS SECTION, A MEMBER WHO BEGINS PARTICIPATION IN THE                

PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE  9,253        

PURSUANT TO THIS SECTION SHALL HAVE THE SAME RIGHTS AND            9,255        

PRIVILEGES UNDER THE PLAN AS A MEMBER WHO NEVER HAD MADE AN        9,257        

ELECTION TO PARTICIPATE IN A PLAN ESTABLISHED UNDER SECTION        9,258        

3307.81 OF THE REVISED CODE.                                       9,259        

      Sec. 3307.881.  A MEMBER OF THE STATE TEACHERS RETIREMENT    9,261        

SYSTEM PARTICIPATING IN A PLAN ESTABLISHED UNDER SECTION 3307.81   9,262        

OF THE REVISED CODE WHO IS SUBJECT TO SECTION 3307.88 OF THE       9,265        

REVISED CODE MAY ELECT TO CONTINUE PARTICIPATING IN THE PLAN.  AN  9,266        

ELECTION SHALL BE MADE IN WRITING ON A FORM PROVIDED BY THE STATE  9,267        

TEACHERS RETIREMENT BOARD AND FILED WITH THE BOARD NOT LATER THAN               

THE THIRTIETH DAY OF JUNE FOLLOWING THE FOURTH ANNIVERSARY OF THE  9,268        

DATE MEMBERSHIP BEGAN.                                             9,269        

      Sec. 3307.882.  NOT LATER THAN ONE HUNDRED EIGHTY DAYS       9,271        

PRIOR TO THE THIRTIETH DAY OF JUNE FOLLOWING THE FOURTH            9,272        

ANNIVERSARY OF THE DATE MEMBERSHIP BEGAN, THE STATE TEACHERS       9,273        

RETIREMENT SYSTEM SHALL NOTIFY A MEMBER WHO IS SUBJECT TO SECTION  9,275        

3307.88 OF THE REVISED CODE OF THE OPPORTUNITY TO ELECT TO         9,276        

CONTINUE PARTICIPATION IN A PLAN ESTABLISHED UNDER SECTION         9,277        

3307.81 OF THE REVISED CODE.  THE NOTICE SHALL INCLUDE AN          9,278        

EXPLANATION OF THE PROVISIONS OF SECTION 3307.881 OF THE REVISED   9,279        

CODE.                                                                           

      Sec. 3307.89.  THE STATE TEACHERS RETIREMENT BOARD MAY       9,281        

OFFER TO MEMBERS PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS   9,282        

3307.50 TO 3307.79 OF THE REVISED CODE THE OPPORTUNITY TO ALSO     9,283        

PARTICIPATE IN ONE OR MORE OF THE BENEFIT OPTIONS AVAILABLE UNDER  9,285        

A PLAN ESTABLISHED UNDER SECTION 3307.81 OF THE REVISED CODE.  A   9,287        

MEMBER'S CONTRIBUTIONS TO AN OPTION SHALL BE CREDITED TO AN        9,288        

INDIVIDUAL ACCOUNT ESTABLISHED FOR THE MEMBER IN THE DEFINED       9,289        

CONTRIBUTION FUND.                                                 9,290        

      Sec. 3307.68 3307.96.  If a local district pension system    9,299        

votes to merge with the state teachers retirement system as        9,301        

provided in section 3307.26 3307.241 of the Revised Code, the      9,304        

                                                          196    


                                                                 
state teachers retirement board shall employ an actuary to value                

the assets and liabilities which will be taken over by the state   9,305        

teachers retirement system hereby created in the event of such     9,306        

merger.  The actuary so employed shall be an actuary also          9,308        

approved by the employer in whose district the local district      9,310        

pension system is operated, and the expense of the valuation       9,311        

shall be paid by such THE employer.  The actuary shall compute     9,312        

the present value of the liabilities on account of teachers in     9,313        

service in the local district pension system and on account of     9,314        

pensioners in the rolls of such local district pension system.     9,315        

He THE ACTUARY shall also compute the present value of the         9,317        

prospective amount to be received by reason of the payment of the               

normal contributions by the employer on behalf of the active       9,318        

teachers of such local system in the event of the contemplated     9,319        

merger.  From the present value of the total liability for         9,320        

pensions on account of teachers in service in the local district   9,321        

pension system as previously determined, the actuary shall deduct  9,322        

the present value of the normal contributions.                                  

      The amount remaining, together with any excess, of the       9,324        

present value of all payments, necessary to continue the pensions  9,325        

of the pensioners of the local district pension system, over and   9,326        

above the amount of moneys and securities of such system, shall    9,327        

be known as the "accrued liability."  No teacher who is a member   9,328        

of a local district pension system on May 9, 1919, shall receive                

a lesser total retirement allowance upon retirement after merger   9,329        

of the local system with the state teachers retirement system      9,330        

than said teacher would have received upon retirement under the    9,331        

local system.                                                                   

      Sec. 3307.69 3307.97.  That part of the accrued liability,   9,340        

due on account of pensions to pensioners already on the rolls of   9,342        

the local district pension system, referred to in section 3307.68  9,343        

3307.96 of the Revised Code, remaining unpaid on September 1,      9,345        

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      9,346        

                                                          197    


                                                                 
four per cent per annum on unpaid balances.  Both the payment and  9,347        

interest shall be payable semiannually on dates to be fixed by     9,348        

the state teachers retirement board.  Payments on that part of     9,349        

the accrued liability due to teachers in active service in the     9,350        

local district pension system shall be at the same rate per cent   9,351        

of the salaries of such teachers as the deficiency contribution                 

rate fixed in FORMER section 3307.54 of the Revised Code, and      9,352        

shall be made until the year in which the deficiency contribution  9,354        

payable by other employers who had no local pension system may be  9,355        

discontinued.                                                                   

      Sec. 3307.70 3307.98.  The increasing contribution           9,364        

determined as provided in sections 3307.68 3307.96 and 3307.69     9,366        

3307.97 of the Revised Code by the actuary shall be paid by the    9,368        

employer.  In the event of merger, the moneys and securities to    9,369        

the credit of the local district pension system, not exceeding an  9,370        

aggregate amount equal to the present value of the payments to be  9,371        

made on account of all pensions to the pensioners on the rolls of  9,372        

the local district pension system, shall be transferred to the     9,373        

employers' accumulation fund and the pensions then payable by the  9,374        

local district pension system shall thereafter be paid from the    9,375        

employers' accumulation fund until the reserves on these pensions  9,376        

with the other pensions payable from the employers' accumulation   9,377        

fund have been accumulated and shall be transferred to the         9,378        

annuity and pension reserve fund, from which fund they shall       9,379        

thereafter be payable.  The pensions of the active members of the  9,380        

local district pension system and of the new entrants shall        9,381        

thereafter be payable as are the pensions of other members of the  9,382        

state teachers retirement system.  The amount of the excess of     9,383        

the moneys and securities of the local district pension system     9,384        

over and above the present value of the payments to be made on     9,385        

account of all pensions to the pensioners of the rolls of the      9,386        

local district pension system shall be transferred to the          9,387        

teachers' savings fund and shall be credited pro rata to the       9,388        

active teachers of such local district pensions system on the      9,389        

                                                          198    


                                                                 
basis of the amounts of their previous contributions to the local  9,390        

district pension system.  In case such method of distribution is   9,391        

not found practicable by the state teachers retirement board, the  9,392        

board may use such other method of apportionment as seems fair     9,393        

and equitable to such board.  The amount so credited in any case   9,394        

shall be considered as a part of the teacher's accumulated         9,395        

contributions, AS DEFINED IN SECTION 3307.50 OF THE REVISED CODE,  9,396        

for all purposes except in the case of retirement UNDER THE PLAN   9,398        

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         9,399        

teacher's accumulated contributions and shall be used in           9,400        

purchasing from the annuity and pension reserve fund an annuity,   9,401        

in addition to any other annuity or pension benefit otherwise      9,402        

provided by this chapter.                                          9,403        

      After the moneys and securities of any local district        9,405        

pension system have been transferred to the employers'             9,406        

accumulation fund or to the teachers' savings fund, such local     9,407        

district pension system shall cease to exist.                      9,408        

      Sec. 3309.021.  (A)  A member may purchase service credit    9,417        

that shall be considered as the equivalent of Ohio service for     9,418        

each year of service incurred by reason of having been on active   9,419        

duty as a member of the armed forces of the United States, as      9,420        

defined in section 3309.02 of the Revised Code.  All or part of    9,421        

the credit may be purchased at any time prior to receipt of a      9,422        

retirement allowance.  The number of years purchased under this    9,424        

division shall not exceed five.                                                 

      (B)  For the purposes of this division, "prisoner of war"    9,426        

means any regularly appointed, enrolled, enlisted, or inducted     9,427        

member of the armed forces of the United States who was captured,  9,428        

separated, and incarcerated by an enemy of the United States.      9,429        

      A member may purchase service credit that shall be           9,431        

considered as the equivalent of Ohio service for each year of      9,432        

service such member was a prisoner of war.  The number of years    9,433        

purchased under this division shall not exceed five.  Service      9,434        

                                                          199    


                                                                 
credit may be purchased under this division for the same years of  9,435        

service used to purchase service credit under division (A) of      9,436        

this section.  The member may choose to purchase only part of      9,437        

such credit in any one payment, subject to board rules.            9,438        

      (C)  The total number of years purchased under this section  9,440        

shall not exceed the member's total accumulated number of years    9,441        

of Ohio service.                                                   9,442        

      (D)  For each year of service purchased under division (A)   9,444        

or (B) of this section, the member shall pay to the school         9,445        

employees retirement system for credit to the member's             9,446        

accumulated account an amount determined by the member rate of     9,448        

contribution in effect at the time the military service began      9,449        

multiplied by the annual compensation for full-time employment     9,450        

during the first year of service covered by the school employees   9,451        

retirement system, public employees retirement system, or state    9,452        

teachers retirement system following termination of military       9,453        

service.  If, however, a limit on maximum salary or maximum        9,454        

contribution was in effect at the time the military service        9,455        

began, the limit shall be applied to the salary received during    9,456        

the first year of service in Ohio to calculate the amount of       9,457        

payment.  To this amount shall be added an amount equal to         9,458        

compound interest at a rate established by the school employees    9,459        

retirement board from the date of the member's first service       9,460        

covered by the school employees retirement system, public          9,461        

employees retirement system, or state teachers retirement system   9,462        

following termination of the military service to date of payment.  9,463        

      (E)  A member of the school employees retirement system is   9,465        

ineligible to purchase service credit under this section for any   9,466        

year of military service that was:                                 9,467        

      (1)  Used in the calculation of any retirement benefit       9,470        

currently being paid to the member or payable in the future under  9,471        

any other retirement program, except for retired pay for           9,472        

nonregular service under Chapter 1223 of Section 1662 of Title     9,474        

XVI of the "National Defense Authorization Act for Fiscal Year     9,475        

                                                          200    


                                                                 
1995," 108 Stat. 2998 (1994), 10 U.S.C.A. 12731 to 12739, or       9,476        

social security;                                                   9,477        

      (2)  Used to obtain service credit pursuant to section       9,479        

3309.02 or 3309.022 of the Revised Code.                           9,480        

      At the time such credit is purchased, the member shall       9,483        

certify on a form furnished by the retirement board that the       9,484        

member does and will conform to this requirement.                  9,486        

      (F)  Credit purchased under this section may be combined     9,488        

pursuant to section 3309.35 of the Revised Code with credit for    9,489        

military service purchased under sections 145.301 and 3307.021     9,490        

3307.751 of the Revised Code, except that not more than an         9,492        

aggregate total of five years of credit purchased under division   9,493        

(A) of this section, division (A) of section 145.301, and          9,494        

division (A) of section 3307.021 3307.751 of the Revised Code,     9,495        

and not more than an aggregate total of five years of credit       9,497        

purchased under division (B) of this section, division (B) of      9,498        

section 145.301, and division (B) of section 3307.021 3307.751 of  9,499        

the Revised Code shall be used in determining retirement           9,501        

eligibility or calculating benefits under section 3309.35 of the   9,502        

Revised Code.                                                                   

      Sec. 3309.261.  (A)  A member of the school employees        9,511        

retirement system who has at least eighteen months of              9,512        

contributing service credit in the system, the OHIO police and     9,513        

firemen's disability and FIRE pension fund, public employees       9,515        

retirement system, state teachers retirement system, or state      9,516        

highway patrol retirement system, and is a former member of or no  9,517        

longer contributing to the public employees retirement system or   9,518        

state teachers retirement system may restore service credit under  9,519        

section 145.31 or 3307.28 3307.71 of the Revised Code by making    9,521        

payments pursuant to this section through a payroll deduction      9,522        

plan established under section 3309.27 of the Revised Code.  A     9,523        

member seeking to restore service credit shall notify the school   9,525        

employees retirement system on a form approved by the school       9,526        

employees retirement board.  After receiving the notice, the       9,527        

                                                          201    


                                                                 
school employees retirement system shall request that the former   9,528        

retirement system calculate under section 145.312 or 3307.283      9,529        

3307.712 of the Revised Code the cost to the member to restore     9,532        

service credit for each year or portion of a year of service for   9,533        

which the member seeks to restore the service credit.  The amount  9,534        

the former retirement system certifies as the cost of restoring    9,535        

the service credit, plus interest described in division (B) of     9,536        

this section, is the cost to the member of restoring the service   9,537        

credit.  On receiving the certification from the former            9,538        

retirement system, the school employees retirement system shall    9,539        

notify the member of the cost.                                                  

      (B)  For each year or portion of a year of service credit    9,541        

restored under section 145.31 or 3307.28 3307.71 of the Revised    9,542        

Code, a member shall pay to the school employees retirement        9,544        

system the amount certified by the former retirement system plus   9,545        

interest at a rate specified by the former retirement system       9,546        

under section 145.312 or 3307.283 3307.712 of the Revised Code     9,547        

for the period during which deductions are made under section      9,549        

3309.27 of the Revised Code.                                       9,550        

      (C)  The school employees retirement board shall annually    9,553        

notify the former retirement system that a payment to restore      9,554        

service credit under section 145.31 or 3307.28 3307.71 of the      9,555        

Revised Code has been made.  At the time the payment is            9,556        

transferred under division (D) of this section, the former         9,557        

retirement system shall restore the service credit for the year    9,558        

or portion of a year for which the payment was made.               9,560        

      (D)  On application for a payment of accumulated             9,562        

contributions or an age and service retirement, disability, or     9,564        

survivor benefit under Chapter 145., 3307., or 3309. of the        9,565        

Revised Code by a member who made payments under this section to   9,567        

restore service credit in a former retirement system, the school   9,568        

employees retirement system shall pay to the former retirement     9,569        

system an amount equal to the total amount paid by the member      9,570        

under this section.                                                             

                                                          202    


                                                                 
      (E)  The board shall adopt rules to implement this section.  9,572        

      Sec. 3309.262.  After receiving a request from the public    9,582        

employees retirement system under division (A) of section 145.311  9,583        

or the state teachers retirement system under division (A) of      9,586        

section 3307.282 3307.711 of the Revised Code, the school          9,588        

employees retirement system shall do both of the following:        9,589        

      (A)  Calculate and certify to the requesting retirement      9,592        

system the cost to a former member to restore service credit       9,593        

under section 3309.26 of the Revised Code for each year or         9,594        

portion of a year for which the former member seeks to purchase    9,595        

service credit under that section.                                              

      (B)  Inform the requesting retirement system of the rate of  9,597        

interest charged to a member under a payroll deduction plan        9,598        

authorized under section 3309.27 of the Revised Code.              9,599        

      Sec. 3309.301.  (A)(1)  Except as provided in division       9,608        

(A)(2) of this section, a member of the school employees           9,609        

retirement system with at least eighteen months of contributing    9,610        

service in the system, the public employees retirement system, or  9,611        

the state teachers retirement system who exempted himself SELF     9,612        

from membership in one or more of the systems pursuant to section  9,614        

145.03 or 3309.23 of the Revised Code, or former section 3307.25   9,615        

or 3309.25 of the Revised Code, or was exempt under section        9,616        

3307.27 3307.24 of the Revised Code, may purchase credit for each  9,618        

year or portion of a year of service for which he THE MEMBER was   9,619        

exempted.                                                          9,620        

      (2)  A member may not purchase credit under this section     9,622        

for service that was exempted from contribution under section      9,623        

3309.23 of the Revised Code and subject to the tax on wages        9,624        

imposed by the "Federal Insurance Contributions Act," 68A Stat.    9,625        

415 (1954), 26 U.S.C.A. 3101, as amended.                          9,626        

      (B)  Upon receipt of a request from a member eligible to     9,628        

purchase credit under this section and certification of the        9,629        

member's service and compensation from the employer for which the  9,630        

exempt service was performed, the school employees retirement      9,631        

                                                          203    


                                                                 
system shall determine the amount of credit the member is          9,632        

eligible to purchase in accordance with divisions (B)(1) and (2)   9,633        

of this section.                                                   9,634        

      (1)  If the credit to be purchased is for service exempted   9,636        

under section 3309.23 or former section 3309.25 of the Revised     9,637        

Code, determine the amount of credit that would have been earned   9,638        

had the service not been exempt.                                   9,639        

      (2)  If the credit to be purchased is for service exempted   9,641        

under section 145.03 or 3307.27 3307.24, or former section         9,642        

3307.25 of the Revised Code, request certification from the        9,644        

applicable retirement system that the service was exempt and the   9,645        

amount of service credit that would have been earned had the       9,646        

service not been exempt.                                           9,647        

      (C)  For each year or portion of a year of credit purchased  9,649        

under this section, a member shall pay to the retirement system    9,650        

an amount determined by multiplying the member's compensation for  9,651        

the twelve months of contributing service preceding the month in   9,652        

which he THE MEMBER applies to purchase the credit by a            9,653        

percentage rate established by rule of the school employees        9,655        

retirement board adopted under division (G) of this section.       9,656        

      (D)  Subject to board rules, a member may purchase all or    9,658        

part of the credit he THE MEMBER is eligible to purchase under     9,659        

this section in one or more payments.  If the member purchases     9,661        

the credit in more than one payment, compound interest at a rate   9,662        

specified by rule of the board shall be charged on the balance     9,663        

remaining after the first payment is made.                         9,664        

      (E)  Credit purchasable under this section shall not exceed  9,666        

one year of service for any twelve-month period.  If the period    9,667        

of service for which credit is purchasable under this section is   9,668        

concurrent with a period of service that will be used to           9,669        

calculate a retirement benefit from this system, the public        9,670        

employees retirement system, or the state teachers retirement      9,671        

system, the amount of the credit shall be adjusted in accordance   9,672        

with rules adopted by the school employees retirement board.       9,673        

                                                          204    


                                                                 
      A member who is also a member of the public employees        9,675        

retirement system or the state teachers retirement system shall    9,676        

purchase credit for any service for which he THE MEMBER exempted   9,677        

himself SELF under section 145.03 or 3309.23 of the Revised Code,  9,679        

or former section 3307.25 or 3309.25 of the Revised Code, or was   9,680        

exempt under section 3307.27 3307.24 of the Revised Code, from     9,681        

the retirement system in which he THE MEMBER has the greatest      9,683        

number of years of service credit.  If the member receives         9,685        

benefits under section 3309.35 of the Revised Code, the state      9,686        

retirement system that determines and pays the retirement benefit  9,687        

shall receive from the other system or systems the amounts paid    9,688        

by the member for purchase of credit for exempt service plus       9,689        

interest at the actuarial assumption rate of the system paying     9,690        

that amount.  The interest shall be for the period beginning on    9,691        

the date of the member's last payment for purchase of the credit   9,692        

and ending on the date of the member's retirement.                 9,693        

      (F)  If a member dies or withdraws from service, any         9,695        

payment made by the member under this section shall be considered  9,696        

as accumulated contributions of the member.                        9,697        

      (G)  The retirement board shall adopt rules to implement     9,699        

this section.                                                      9,700        

      Sec. 3309.31.  Service credit purchased under this section   9,709        

shall be included in the member's total service credit.  Credit    9,710        

may be purchased for the following:                                9,711        

      (A)  School service in a public or private school, college,  9,713        

or university of this or another state, and for school service in  9,714        

any school or entity operated by or for the United States          9,715        

government.  Credit purchased under this section for school        9,716        

service shall be limited to service rendered in schools,           9,717        

colleges, or universities chartered or accredited by the           9,718        

appropriate governmental agency.                                   9,719        

      (B)  Public service with another state or the United States  9,721        

government, provided that such credit shall be limited to service  9,722        

that would have been covered by the state teachers retirement      9,723        

                                                          205    


                                                                 
system, the Ohio police and fire pension fund, the state highway   9,726        

patrol retirement system, or the public employees retirement       9,727        

system if served in a comparable public position in this state.    9,728        

      (C)  Service for which contributions were made by the        9,730        

member or on the member's behalf to a municipal retirement system  9,732        

in this state.                                                     9,733        

      The number of years of service purchased under this section  9,736        

shall not exceed the lesser of five years or the member's total    9,737        

accumulated number of years of Ohio service.                                    

      For each year of service purchased under this section, a     9,739        

member shall pay to the school employees retirement system for     9,740        

credit to the member's accumulated account an amount equal to the  9,742        

member's retirement contribution for full-time employment for the  9,743        

first year of Ohio service following termination of the service    9,744        

to be purchased.  To this amount shall be added an amount equal    9,745        

to compound interest at a rate established by the school           9,746        

employees retirement board from the date of membership in the      9,747        

school employees retirement system to date of payment.  A member   9,748        

may choose to purchase only part of such credit in any one         9,749        

payment, subject to board rules.                                   9,750        

      A member is ineligible to purchase under this section        9,752        

service that is used in the calculation of any retirement benefit  9,753        

currently being paid or payable in the future to the member under  9,754        

any other retirement program, except social security.  At the      9,755        

time the credit is purchased, the member shall certify on a form   9,756        

furnished by the retirement board that the member does and will    9,758        

conform to this requirement.                                       9,759        

      (D)  Credit purchased under this section may be combined     9,761        

pursuant to section 3309.35 of the Revised Code with credit        9,762        

purchased under sections 145.293 and 3307.32 3307.74 of the        9,763        

Revised Code, except that not more than an aggregate total of      9,765        

five years' service credit purchased under this section and        9,766        

sections 145.293 and 3307.32 3307.74 of the Revised Code shall be  9,767        

used in determining retirement eligibility or calculating          9,769        

                                                          206    


                                                                 
benefits under section 3309.35 of the Revised Code.                9,770        

      (E)  The retirement board shall establish a policy to        9,772        

determine eligibility to purchase credit under this section, and   9,773        

its decision shall be final.                                       9,774        

      Sec. 3309.341.  (A)  As used in this section:                9,783        

      (1)  "SERS retirant" means any person who is receiving a     9,785        

retirement allowance from the school employees retirement system   9,786        

under section 3309.36, 3309.38, or 3309.381 of the Revised Code.   9,787        

      (2)  "Other system retirant" means a member or former        9,789        

member of the public employees retirement system, Ohio police and  9,791        

fire pension fund, state teachers retirement system, state         9,792        

highway patrol retirement system, or Cincinnati retirement system  9,793        

who is receiving age and service or commuted age and service       9,794        

retirement, or a disability benefit from a system of which the     9,795        

retirant is a member or former member.                                          

      (B)(1)  An SERS retirant or other system retirant may be     9,797        

employed by a public employer.  If so employed, the SERS retirant  9,798        

or other system retirant shall contribute to the school employees  9,799        

retirement system in accordance with section 3309.47 of the        9,800        

Revised Code, and the employer shall make contributions in         9,801        

accordance with section 3309.49 of the Revised Code.               9,802        

      (2)  An employer that employs an SERS retirant or other      9,804        

system retirant shall notify the retirement board of the           9,805        

employment not later than the end of the month in which the        9,806        

employment commences.  On receipt of notice from an employer that  9,807        

a person who is an other system retirant has been employed, the    9,808        

school employees retirement system shall notify the state          9,809        

retirement system of which the other system retirant was a member  9,810        

of such employment.                                                9,811        

      (C)  An SERS retirant or other system retirant who has       9,813        

received a retirement allowance or disability benefit for less     9,815        

than two months when employment subject to this section commences  9,816        

shall forfeit the retirement allowance or disability benefit for   9,818        

the period that begins on the date the employment commences and    9,819        

                                                          207    


                                                                 
ends on the date that is two months after the date on which the    9,820        

retirement allowance or disability benefit commenced.  Service     9,821        

and contributions for that period shall not be included in the     9,822        

calculation of any benefits payable to the SERS retirant or other  9,823        

system retirant, and those contributions shall be refunded on      9,824        

death or termination of the employment.                            9,825        

      (D)  On receipt of notice from the Ohio police and fire      9,828        

pension fund, public employees retirement system, or state         9,830        

teachers retirement system of the re-employment of an SERS         9,831        

retirant, the school employees retirement system shall not pay,                 

or if paid shall recover, the amount to be forfeited by the SERS   9,832        

retirant in accordance with section 145.38, 742.26, or 3307.381    9,833        

3307.35 of the Revised Code.                                       9,834        

      (E)(1)  On termination of employment under this section, an  9,836        

SERS retirant or other system retirant may file an application     9,837        

with the school employees retirement system for a benefit under    9,838        

this division, which shall consist of a single life annuity        9,839        

having a reserve equal to the amount of the retirant's             9,840        

accumulated contributions for the period of employment and an      9,842        

equal amount of the employer's contributions, plus interest        9,843        

credited to the date of retirement at the rate provided in         9,844        

division (I)(2) of section 3309.01 of the Revised Code.  The SERS  9,845        

retirant or other system retirant shall elect either to receive    9,846        

the benefit as a monthly annuity for life or a lump-sum payment    9,847        

discounted to the present value using the current actuarial        9,848        

assumption rate of interest, except that if the monthly annuity    9,849        

would be less than twenty-five dollars per month, the retirant     9,851        

shall receive a lump-sum payment.                                               

      (2)  A benefit payable under this division shall commence    9,853        

on the first day of the month after the latest of the following:   9,854        

      (a)  The last day for which compensation for employment      9,856        

subject to this section was paid;                                  9,857        

      (b)  Attainment by the SERS retirant or other system         9,859        

retirant of age sixty-five;                                        9,860        

                                                          208    


                                                                 
      (c)  If the SERS retirant or other system retirant was       9,862        

previously employed under this section and is receiving or         9,863        

previously received a benefit under this division, completion of   9,864        

a period of twelve months since the effective date of that         9,865        

benefit.                                                           9,866        

      (3)  An SERS retirant or other system retirant subject to    9,868        

this section is not a member of the school employees retirement    9,869        

system; does not have any of the rights, privileges, or            9,870        

obligations of membership, except as specified in this section;    9,871        

and is not eligible to receive health, medical, hospital, or       9,872        

surgical benefits under section 3309.69 of the Revised Code for    9,873        

employment subject to this section.  No amount received under      9,874        

this division shall be included in determining an additional       9,875        

benefit under section 3309.374 of the Revised Code or any other    9,876        

post-retirement benefits.                                          9,877        

      (F)(1)  If an SERS retirant or other system retirant dies    9,879        

while employed in employment subject to this section, a lump-sum   9,880        

payment calculated in accordance with division (E)(1) of this      9,881        

section shall be paid to the beneficiary under division (H) of     9,882        

this section.                                                      9,883        

      (2)  If at the time of death an SERS retirant or other       9,885        

system retirant receiving a monthly annuity has received less      9,886        

than the retirant would have received as a lump-sum payment, the   9,889        

difference between the amount received and the amount that would   9,891        

have been received as a lump-sum payment shall be paid to the      9,892        

retirant's beneficiary under division (H) of this section.         9,894        

      (G)  If the disability benefit of an other system retirant   9,896        

employed under this section is terminated, the retirant shall      9,897        

become a member of the school employees retirement system,         9,899        

effective on the first day of the month next following the         9,900        

termination, with all the rights, privileges, and obligations of   9,901        

membership.  If the retirant, after the termination of the         9,903        

disability benefit, earns two years of service credit under this   9,905        

retirement system or under the public employees retirement         9,906        

                                                          209    


                                                                 
system, Ohio police and fire pension fund, state teachers          9,907        

retirement system, or state highway patrol retirement system, the  9,909        

retirant's prior contributions as an other system retirant under   9,911        

this section shall be included in the retirant's total service     9,912        

credit as a school employees retirement system member, and the     9,914        

retirant shall forfeit all rights and benefits of this section.    9,916        

Not more than one year of credit may be given for any period of    9,917        

twelve months.                                                                  

      (H)  An SERS retirant or other system retirant employed      9,919        

under this section may designate one or more persons as            9,920        

beneficiary to receive any benefits payable under this section     9,921        

due to death.  The designation shall be in writing duly executed   9,923        

on a form provided by the school employees retirement board,       9,924        

signed by the SERS retirant or other system retirant, and filed    9,925        

with the board prior to death.  The last designation of a          9,926        

beneficiary revokes all previous designations.  The SERS                        

retirant's or other system retirant's marriage, divorce, marriage  9,927        

dissolution, legal separation, withdrawal of account, birth of     9,928        

the retirant's child, or adoption of a child revokes all previous  9,930        

designations.  If there is no designated beneficiary, the          9,931        

beneficiary is the beneficiary designated under division (D) of    9,932        

section 3309.44 of the Revised Code.  If any benefit payable       9,933        

under this section due to the death of an SERS retirant or other   9,934        

system retirant is not claimed by a beneficiary within five years  9,935        

after the death, the amount payable shall be transferred to the    9,936        

guarantee fund and thereafter paid to the beneficiary or the       9,937        

estate of the SERS retirant or other system retirant on            9,938        

application to the board.                                          9,939        

      (I)  This section does not affect the receipt of benefits    9,941        

by or eligibility for benefits of any person who on August 29,     9,942        

1976, was receiving a disability benefit or service retirement     9,943        

pension or allowance from a state or municipal retirement system   9,944        

in Ohio and was a member of any other state or municipal           9,945        

retirement system of this state.                                   9,946        

                                                          210    


                                                                 
      (J)  The school employees retirement board may adopt rules   9,948        

to carry out this section.                                         9,949        

      Sec. 3309.35.  (A)  As used in this section:                 9,958        

      (1)  "State retirement system" means the public employees    9,960        

retirement system, state teachers retirement system, or school     9,961        

employees retirement system.                                       9,962        

      (2)  "Total service credit" means all service credit earned  9,964        

in all state retirement systems, except credit for service         9,965        

subject to section 3309.341 of the Revised Code.  Total service    9,966        

credit shall not exceed one year of credit for any twelve-month    9,967        

period.                                                            9,968        

      (3)  In addition to the meaning given in division (O) of     9,970        

section 3309.01 of the Revised Code, "disability benefit" means    9,971        

"disability benefit" as defined in sections 145.01 and 3307.01 of  9,972        

the Revised Code.                                                  9,973        

      (B)  To coordinate and integrate membership in the state     9,975        

retirement systems, at the option of a member, total               9,977        

contributions and service credit in all state retirement systems,  9,978        

including amounts paid to restore service credit under sections    9,979        

145.311, 3307.282 3307.711, and 3309.261 of the Revised Code,      9,981        

shall be used in determining the eligibility and total retirement  9,982        

or disability benefit payable.  When total contributions and       9,983        

service credit are so combined, the following provisions apply:    9,984        

      (1)  Service and commuted service retirement or a            9,986        

disability benefit is effective no sooner than the first day of    9,987        

the month next following the last day of employment for which      9,988        

compensation was paid.  If the application is filed after that     9,989        

date, the board may retire the member on the first day of the      9,990        

month next following the last day of employment for which          9,991        

compensation was paid.                                             9,992        

      (2)  In determining eligibility for a disability benefit,    9,994        

the medical examiner's report to the retirement board of any       9,995        

state retirement system, showing that the member's disability      9,996        

incapacitates the member for the performance of duty, may be       9,997        

                                                          211    


                                                                 
accepted by the state retirement boards as sufficient for          9,999        

granting a disability benefit.                                     10,000       

      (3)  The state retirement system in which the member had     10,002       

the greatest service credit, without adjustment, shall determine   10,003       

and pay the total retirement or disability benefit.  Where the     10,004       

member's credit is equal in two or more state retirement systems,  10,006       

the system having the largest total contributions of the member    10,007       

shall determine and pay the total benefit.                         10,008       

      (4)  In determining the total credit to be used in           10,010       

calculating a retirement allowance or disability benefit, credit   10,011       

shall not be reduced below that certified by the system or         10,012       

systems transferring credit, except that such total combined       10,013       

service credit shall not exceed one year of credit for any one     10,014       

"year" as defined in the law of the system making the              10,015       

calculation.                                                       10,016       

      (5)  The state retirement system determining and paying a    10,018       

retirement or disability benefit shall receive from the other      10,019       

system or systems the member's refundable account at retirement    10,020       

or the effective date of a disability benefit plus an equal        10,021       

amount from the employers' trust fund.                             10,022       

      (a)  The annuity rates and mortality tables of the state     10,024       

retirement system making the calculation and paying the benefit    10,025       

shall be exclusively applicable.                                   10,026       

      (b)  Deposits made for the purchase of an additional         10,028       

annuity, and including guaranteed interest, upon the request of    10,029       

the member, shall be transferred to the state retirement system    10,030       

paying the retirement or disability benefit.  The return upon      10,031       

such deposits shall be that offered by the state retirement        10,032       

system making the calculation and paying the retirement or         10,033       

disability benefit.                                                10,034       

      (C)  A former member receiving a retirement or disability    10,036       

benefit under this section, who accepts employment amenable to     10,037       

coverage in any state retirement system that participated in the   10,038       

member's combined benefit, shall be subject to the applicable      10,040       

                                                          212    


                                                                 
provisions of law governing such re-employment.  If the former     10,041       

member is subject to section 3307.381 3307.35 of the Revised Code  10,042       

and exceeds the limits on re-employment established by that        10,044       

section, the state retirement system paying a combined benefit     10,045       

shall terminate the entire pension portion of the benefit for the  10,046       

period of re-employment that exceeds the limit in that section.    10,047       

If a former member should be paid any amount in a retirement       10,048       

allowance, to which the former member is not entitled under the    10,050       

applicable provisions of law governing such re-employment, such    10,051       

amount shall be recovered by the state retirement system paying    10,052       

such allowance by utilizing any recovery procedure available       10,053       

under the code provisions of the state retirement system covering  10,054       

such re-employment.                                                10,055       

      (D)  An SERS retirant or other system retirant, as defined   10,057       

in section 3309.341 of the Revised Code, is not eligible to        10,058       

receive any benefit under this section for service subject to      10,059       

section 3309.341 of the Revised Code.                              10,060       

      Sec. 3309.3712.  THE SCHOOL EMPLOYEES RETIREMENT BOARD MAY   10,062       

ESTABLISH AND MAINTAIN A QUALIFIED GOVERNMENTAL EXCESS BENEFIT     10,063       

ARRANGEMENT THAT MEETS THE REQUIREMENTS OF DIVISION (m) OF         10,064       

SECTION 415 OF THE "INTERNAL REVENUE CODE OF 1986," 100 STAT.      10,068       

2085, 26 U.S.C.A. 415, AS AMENDED, AND ANY REGULATIONS ADOPTED     10,070       

THEREUNDER.  IF ESTABLISHED, THE ARRANGEMENT SHALL BE A SEPARATE                

PORTION OF THE SCHOOL EMPLOYEES RETIREMENT SYSTEM AND BE                        

MAINTAINED SOLELY FOR THE PURPOSE OF PROVIDING TO RETIRED MEMBERS  10,071       

THAT PART OF A BENEFIT OTHERWISE PAYABLE UNDER THIS CHAPTER THAT   10,072       

EXCEEDS THE LIMITS ESTABLISHED BY SECTION 415 OF THE "INTERNAL     10,073       

REVENUE CODE OF 1986," AS AMENDED.                                 10,074       

      MEMBERS PARTICIPATING IN AN ARRANGEMENT ESTABLISHED UNDER    10,076       

THIS SECTION SHALL NOT BE PERMITTED TO ELECT TO DEFER              10,077       

COMPENSATION TO THE ARRANGEMENT.  CONTRIBUTIONS TO AND BENEFITS    10,078       

PAID UNDER AN ARRANGEMENT SHALL NOT BE PAYABLE FROM A TRUST THAT   10,079       

IS PART OF THE SYSTEM UNLESS THE TRUST IS MAINTAINED SOLELY FOR    10,080       

THE PURPOSE OF PROVIDING SUCH BENEFITS.                            10,081       

                                                          213    


                                                                 
      THE BOARD SHALL ADOPT RULES TO ADMINISTER AN ARRANGEMENT     10,083       

ESTABLISHED UNDER THIS SECTION.                                    10,084       

      Sec. 3309.39.  (A)  The school employees retirement system   10,093       

shall provide disability coverage to each member who has at least  10,094       

five years of total service credit.                                10,095       

      Not later than October 16, 1992, the school employees        10,097       

retirement board shall give each person who is a member on July    10,098       

29, 1992, the opportunity to elect disability coverage either      10,101       

under section 3309.40 of the Revised Code or under section         10,102       

3309.401 of the Revised Code.  The board shall mail notice of the  10,103       

election, accompanied by an explanation of the coverage under      10,104       

each of the Revised Code sections and a form on which the          10,105       

election is to be made, to each member at the member's last known  10,107       

address.  The board shall also provide the explanation and form    10,108       

to any member at the member's request.                                          

      Regardless of whether the member actually receives notice    10,110       

of the right to make an election, a member who fails to file a     10,112       

valid election under this section shall be considered to have                   

elected disability coverage under section 3309.40 of the Revised   10,113       

Code.  To be valid, an election must be made on the form provided  10,114       

by the retirement board, signed by the member, and filed with the  10,115       

board not later than one hundred eighty days after the date the    10,116       

notice was mailed, or, in the case of a form provided at the       10,117       

request of a member, a date specified by rule of the retirement    10,118       

board.  Once made, an election is irrevocable, but if the member   10,119       

ceases to be a member of the retirement system, the election is    10,120       

void.  If a person who makes an election under this section also   10,121       

makes an election under section 145.35 or 3307.42 3307.62 of the   10,123       

Revised Code, the election made for the system that pays a         10,124       

disability benefit to that person shall govern the benefit.        10,125       

      Disability coverage shall be provided under section          10,127       

3309.401 of the Revised Code for persons who become members after  10,128       

July 29, 1992, and for members who elect under this division to    10,131       

be covered under section 3309.401 of the Revised Code.             10,132       

                                                          214    


                                                                 
      The retirement board may adopt rules governing elections     10,134       

made under this division.                                          10,135       

      (B)  Application for a disability benefit may be made by a   10,137       

member, by a person acting in the member's behalf, or by the       10,138       

member's employer, provided the member has at least five years of  10,139       

total service credit and has disability coverage under section     10,140       

3309.40 or 3309.401 of the Revised Code.  The application for a    10,141       

disability benefit shall be made on a form provided by the         10,142       

retirement board.  The benefit payable to any member who is        10,143       

approved for a disability benefit shall become effective on the    10,144       

first day of the month next following the later of the following:  10,145       

      (1)  The last day for which compensation was paid;           10,147       

      (2)  The date on which the member was first incapacitated    10,149       

by the disabling condition.                                        10,150       

      (C)  Medical examination of a member who has applied for a   10,152       

disability benefit shall be conducted by a competent               10,153       

disinterested physician or physicians selected by the retirement   10,154       

board to determine whether the member is mentally or physically    10,155       

incapacitated for the performance of the member's last assigned    10,156       

primary duty as an employee by a disabling condition either        10,157       

permanent or presumed to be permanent for twelve continuous        10,158       

months following the filing of an application.  Such disability    10,160       

must have occurred since last becoming a member or have increased  10,161       

since last becoming a member to such extent as to make the         10,162       

disability permanent or presumed to be permanent for twelve        10,163       

continuous months following the filing of an application.          10,164       

      (D)  Application for a disability benefit must be made       10,166       

within two years from the date the member's contributing service   10,167       

terminated, unless the retirement board determines that the        10,168       

member's medical records demonstrate conclusively that at the      10,169       

time the two-year period expired, the member was physically or     10,170       

mentally incapacitated for duty as an employee and unable to make  10,171       

application.  Application may not be made by any person receiving  10,172       

a service retirement allowance or commuted service retirement      10,173       

                                                          215    


                                                                 
allowance under section 3309.36, 3309.38, or 3309.381 of the       10,174       

Revised Code or any person who, pursuant to section 3309.42 of     10,175       

the Revised Code, has been paid the accumulated contributions      10,176       

standing to the credit of the person's individual account in the   10,178       

employees' savings fund.                                                        

      (E)  If the physician or physicians determine that the       10,180       

member qualifies for a disability benefit, the retirement board    10,182       

concurs with the determination, and the member agrees to medical                

treatment as specified in division (F) of this section, the        10,184       

member shall receive a disability benefit under section 3309.40    10,185       

or 3309.401 of the Revised Code.  The action of the board shall    10,186       

be final.  At the time the board decides it concurs with the       10,187       

determination of the physician or physicians, the board shall      10,188       

determine the date on which the member was first incapacitated by  10,189       

the disabling condition.                                           10,190       

      (F)  The school employees retirement board shall adopt       10,192       

rules requiring a disability benefit recipient, as a condition of  10,194       

continuing to receive a disability benefit, to agree in writing    10,195       

to obtain any medical treatment recommended by the board's         10,196       

physician and submit medical reports regarding the treatment.  If  10,198       

the board determines that a disability benefit recipient is not                 

obtaining the medical treatment or the board does not receive a    10,199       

required medical report, the disability benefit shall be           10,200       

suspended until the treatment is obtained, the report is received  10,202       

by the board, or the board's physician certifies that the          10,203       

treatment is no longer helpful or advisable.  Should the           10,205       

recipient's failure to obtain treatment or submit a medical                     

report continue for one year, the recipient's right to the         10,207       

disability benefit shall be terminated as of the effective date    10,208       

of the original suspension.                                                     

      (G)  In the event an employer files an application for a     10,210       

disability benefit as a result of a member having been separated   10,211       

from service because the member is considered to be mentally or    10,213       

physically incapacitated for the performance of the member's last               

                                                          216    


                                                                 
assigned primary duty as an employee, and the physician or         10,214       

physicians selected by the board report to the board that the      10,215       

member is physically and mentally capable of performing service    10,216       

similar to that from which the member was separated, and the       10,217       

board concurs in such report, then the board shall so certify to   10,218       

the employer and the employer shall restore the member to the      10,219       

member's previous position and salary or to a similar position     10,220       

and salary.                                                                     

      Sec. 3309.45.  Except as provided in division (C)(1) of      10,229       

this section, in lieu of accepting the payment of the accumulated  10,231       

account of a member who dies before service retirement, the        10,232       

beneficiary, as determined in section 3309.44 of the Revised       10,233       

Code, may elect to forfeit the accumulated account and to          10,234       

substitute certain other benefits either under division (A) or     10,235       

(B) of this section.                                                            

      (A)  If a deceased member was eligible for a service         10,237       

retirement allowance as provided in section 3309.36, 3309.38, or   10,238       

3309.381 of the Revised Code, a surviving spouse or other sole     10,239       

dependent beneficiary may elect to receive a monthly benefit       10,241       

computed as the joint-survivor allowance designated as "plan D"    10,242       

in section 3309.46 of the Revised Code, which the member would     10,243       

have received had the member retired on the last day of the month  10,244       

of death and had the member at that time selected such             10,245       

joint-survivor plan.  Payment shall begin with the month           10,246       

subsequent to the member's death.                                  10,247       

      (B)  If the deceased member had completed at least one and   10,249       

one-half years of credit for Ohio service, with at least           10,250       

one-quarter year of Ohio contributing service credit within the    10,251       

two and one-half years prior to the date of death, or was          10,252       

receiving at the time of death a disability benefit as provided    10,253       

in section 3309.40 or 3309.401 of the Revised Code, qualified      10,254       

survivors may elect to receive monthly benefits, provided in       10,257       

divisions (B)(1) and (5) of this section.                                       

    (1)  Number of                                                 10,259       

                                                          217    


                                                                 
    Qualified                                                      10,260       

                                                       Or          10,261       

    survivors      Annual Benefit as a Per       Monthly Benefit   10,263       

    affecting        Cent of Decedent's           shall not be     10,266       

                            Final                                               

    the benefit        Average Salary               less than      10,269       

         1                   25%                      $ 96         10,272       

         2                   40                        186         10,273       

         3                   50                        236         10,274       

         4                   55                        236         10,275       

         5 or more           60                        236         10,276       

      (2)  Benefits shall begin as qualified survivors meet        10,279       

eligibility requirements as follows:                               10,280       

      (a)  A qualified spouse is the surviving spouse of the       10,282       

deceased member who is age sixty-two, or age fifty if the          10,285       

deceased member had ten or more years of Ohio service credit, or   10,286       

regardless of age if caring for a surviving child, or regardless   10,288       

of age if adjudged physically or mentally incompetent.             10,289       

      (b)  A qualified child is any unmarried child of the         10,293       

deceased member under age eighteen, or under age twenty-two if     10,294       

the child is attending an institution of learning or training      10,295       

pursuant to a program designed to complete in each school year     10,296       

the equivalent of at least two-thirds of the full-time curriculum  10,297       

requirements of such institution and as further determined by      10,298       

board policy, or regardless of age if adjudged physically or       10,299       

mentally incompetent.                                              10,300       

      (c)  A qualified parent is a dependent parent aged           10,302       

sixty-five or older.                                               10,303       

      (3)  "Physically or mentally incompetent" as used in this    10,305       

section may be determined by a court of jurisdiction, or by a      10,306       

physician appointed by the retirement board.  Incapability of      10,307       

earning a living because of a physically or mentally disabling     10,308       

condition shall meet the qualifications of this division.          10,309       

      (4)  Benefits to a qualified survivor shall terminate upon   10,312       

                                                          218    


                                                                 
a first marriage, abandonment, adoption, or during active          10,314       

military service.  Benefits to a deceased member's surviving       10,316       

spouse that were terminated under a former version of this         10,317       

section that required termination due to remarriage and were not   10,318       

resumed prior to the effective date of this amendment shall        10,319       

resume on the first day of the month immediately following                      

receipt by the board of an application on a form provided by the   10,320       

board.                                                                          

      Upon the death of any subsequent spouse who was a member of  10,323       

the public employees retirement system, state teachers retirement  10,324       

system, or school employees retirement system, the surviving       10,325       

spouse of such member may elect to continue receiving benefits     10,326       

under this division, or to receive survivor's benefits, based      10,327       

upon the subsequent spouse's membership in one or more of the      10,328       

systems, for which such surviving spouse is eligible under this    10,329       

section or section 145.45 or 3307.49 3307.66 of the Revised Code.  10,331       

If the surviving spouse elects to continue receiving benefits      10,332       

under this division, such election shall not preclude the payment  10,333       

of benefits under this division to any other qualified survivor.   10,334       

      Benefits shall begin or resume on the first day of the       10,336       

month following the attainment of eligibility and shall terminate  10,337       

on the first day of the month following loss of eligibility.       10,338       

      (5)  Benefits to a qualified spouse shall be paid in the     10,340       

amount determined for the first qualifying survivor in division    10,342       

(B)(1) of this section, but shall not be less than one hundred     10,343       

six dollars per month if the deceased member had ten or more       10,344       

years of Ohio service credit.  All other qualifying survivors      10,346       

shall share equally in the benefit or remaining portion thereof.   10,347       

      (6)  The beneficiary of a member who is also a member of     10,349       

the public employees retirement system, or of the state teachers   10,350       

retirement system, must forfeit the member's accumulated           10,351       

contributions in those systems, if the beneficiary takes a         10,354       

survivor benefit.  Such benefit shall be exclusively governed by   10,355       

section 3309.35 of the Revised Code.                               10,356       

                                                          219    


                                                                 
      (C)(1)  Regardless of whether the member is survived by a    10,360       

spouse or designated beneficiary, if the school employees                       

retirement system receives notice that a deceased member           10,361       

described in division (A) or (B) of this section has one or more   10,363       

qualified children, all persons who are qualified survivors under  10,364       

Division (B) of this section shall receive monthly benefits as     10,367       

provided in division (B) of this section.                          10,368       

      If, after determining the monthly benefits to be paid under  10,370       

division (B) of this section, the system receives notice that      10,371       

there is a qualified survivor who was not considered when the      10,372       

determination was made, the system shall, notwithstanding section  10,373       

3309.661 of the Revised Code, recalculate the monthly benefits     10,374       

with that qualified survivor included, even if the benefits to     10,375       

qualified survivors already receiving benefits are reduced as a    10,376       

result.  The benefits shall be calculated as if the qualified      10,377       

survivor who is the subject of the notice became eligible on the                

date the notice was received and shall be paid to qualified        10,378       

survivors effective on the first day of the first month following  10,379       

the system's receipt of the notice.                                10,380       

      If the retirement system did not receive notice that a       10,382       

deceased member has one or more qualified children prior to        10,384       

making payment under section 3309.44 of the Revised Code to a      10,387       

beneficiary as determined by the retirement system, the payment    10,388       

is a full discharge and release of the system from any future      10,389       

claims under this section or section 3309.44 of the Revised Code.  10,390       

      (2)  If benefits under division (C)(1) of this section to    10,393       

all persons, or to all persons other than a surviving spouse or    10,395       

other sole beneficiary, terminate, there are no children under                  

the age of twenty-two years, and the surviving spouse or           10,396       

beneficiary qualifies for benefits under division (A) of this      10,398       

section, the surviving spouse or beneficiary may elect to receive  10,399       

benefits under division (A) of this section.  Benefits shall be    10,400       

effective on the first day of the month following receipt by the   10,402       

board of an application for benefits under division (A) of this    10,403       

                                                          220    


                                                                 
section.                                                           10,404       

      (D)  If the survivor benefits due and paid under this        10,406       

section are in a total amount less than the member's accumulated   10,407       

account that was transferred from the employees' savings fund,     10,408       

the state teachers retirement fund, and the public employees       10,409       

retirement fund to the survivors' benefit fund, then the           10,410       

difference between the total amount of the benefits paid shall be  10,411       

paid to the beneficiary under section 3309.44 of the Revised       10,412       

Code.                                                              10,413       

      Sec. 3313.975.   As used in this section and in sections     10,422       

3313.975 to 3313.979 of the Revised Code, "the pilot project       10,423       

school district" or "the district" means any school district       10,426       

included in the pilot project scholarship program pursuant to      10,427       

this section.                                                                   

      (A)  The superintendent of public instruction shall          10,430       

establish a pilot project scholarship program and shall include    10,431       

in such program any school districts that are or have ever been    10,432       

under federal court order requiring supervision and operational    10,434       

management of the district by the state superintendent.  The                    

program shall provide for a number of students residing in any     10,436       

such district to receive scholarships to attend alternative        10,437       

schools, and for an equal number of students to receive tutorial   10,438       

assistance grants while attending public school in any such        10,439       

district.                                                                       

      (B)  The state superintendent shall establish an             10,441       

application process and deadline for accepting applications from   10,442       

students residing in the district to participate in the            10,443       

scholarship program.  In the initial year of the program students  10,444       

may only use a scholarship to attend school in grades              10,445       

kindergarten through third.                                                     

      The state superintendent shall award as many scholarships    10,447       

and tutorial assistance grants as can be funded given the amount   10,448       

appropriated for the program.  In no case, however, shall more     10,449       

than fifty per cent of all scholarships awarded be used by         10,450       

                                                          221    


                                                                 
students who were enrolled in a nonpublic school during the        10,451       

school year of application for a scholarship.                      10,452       

      (C)(1)  The pilot project program shall continue in effect   10,456       

each year that the general assembly has appropriated sufficient    10,457       

money to fund scholarships and tutorial assistance grants.  In     10,458       

each year the program continues, no new students may receive       10,459       

scholarships unless they are enrolled in grade kindergarten, one,  10,460       

two, or three.  However, any student who has received a            10,462       

scholarship the preceding year may continue to receive one until   10,463       

the student has completed grade eight.                                          

      (2)  If the general assembly discontinues the scholarship    10,465       

program, all students who are attending an alternative school      10,466       

under the pilot project shall be entitled to continued admittance  10,468       

to that specific school through all grades up to the eighth grade  10,469       

that are provided in such school, under the same conditions as     10,471       

when they were participating in the pilot project.  The state      10,472       

superintendent shall continue to make scholarship payments in                   

accordance with division (A) or (B) of section 3313.979 of the     10,474       

Revised Code for students who remain enrolled in an alternative    10,476       

school under this provision in any year that funds have been       10,477       

appropriated for this purpose.                                                  

      If funds are not appropriated, the tuition charged to the    10,479       

parents of a student who remains enrolled in an alternative        10,481       

school under this provision shall not be increased beyond the      10,482       

amount equal to the amount of the scholarship plus any additional  10,483       

amount charged that student's parent in the most recent year of    10,484       

attendance as a participant in the pilot project, except that      10,485       

tuition for all the students enrolled in such school may be        10,486       

increased by the same percentage.                                  10,487       

      (D)  Notwithstanding sections 124.39, 3307.35 3307.54, and   10,490       

3319.17 of the Revised Code, if the pilot project school district  10,491       

experiences a decrease in enrollment due to participation in a     10,492       

state-sponsored scholarship program pursuant to sections 3313.974  10,493       

to 3313.979 of the Revised Code, the district board of education   10,494       

                                                          222    


                                                                 
may enter into an agreement with any teacher it employs to         10,495       

provide to that teacher severance pay or early retirement          10,496       

incentives, or both, if the teacher agrees to terminate the        10,497       

employment contract with the district board, provided any          10,498       

collective bargaining agreement in force pursuant to Chapter       10,499       

4117. of the Revised Code does not prohibit such an agreement for  10,501       

termination of a teacher's employment contract.                                 

      Sec. 3317.011.  On or before the third Wednesday of each     10,510       

month, the department of education shall certify to the director   10,511       

of budget and management for payment, for each county:             10,512       

      (A)(1)  That portion of the allocation of money under        10,514       

sections 3317.022 to 3317.0211, 3317.11, 3317.16, 3317.17, and     10,515       

3317.19 of the Revised Code that is required to be paid in that    10,516       

month to each school district located wholly within the county     10,517       

subsequent to the deductions described in division (A)(2) of this  10,518       

section; and                                                       10,519       

      (2)  The amounts deducted from such allocation under         10,521       

sections 3307.56 3307.31 and 3309.51 of the Revised Code for       10,522       

payment directly to the school employees and state teachers        10,524       

retirement systems under such sections.                            10,525       

      (B)  If the district is located in more than one county, an  10,527       

apportionment of the amounts that would otherwise be certified     10,528       

under division (A) of this section.  The amounts apportioned to    10,529       

the county shall equal the amounts certified under division (A)    10,530       

of this section times the percentage of the district's resident    10,531       

pupils who reside both in the district and in the county.          10,532       

      Sec. 3317.13.  (A)  As used in this section and section      10,541       

3317.14 of the Revised Code:                                       10,542       

      (1)  "Years of service" includes the following:              10,544       

      (a)  All years of teaching service in the same school        10,546       

district or educational service center, regardless of training     10,547       

level, with each year consisting of at least one hundred twenty    10,549       

days under a teacher's contract;                                                

      (b)  All years of teaching service in a chartered,           10,551       

                                                          223    


                                                                 
nonpublic school located in Ohio as a teacher licensed pursuant    10,552       

to section 3319.22 of the Revised Code or in another public        10,553       

school, regardless of training level, with each year consisting    10,554       

of at least one hundred twenty days under a teacher's contract;    10,555       

      (c)  All years of teaching service in a chartered school or  10,557       

institution or a school or institution that subsequently became    10,558       

chartered or a chartered special education program or a special    10,559       

education program that subsequently became chartered operated by   10,560       

the state or by a subdivision or other local governmental unit of  10,561       

this state as a teacher licensed pursuant to section 3319.22 of    10,562       

the Revised Code, regardless of training level, with each year     10,563       

consisting of at least one hundred twenty days; and                10,564       

      (d)  All years of active military service in the armed       10,566       

forces of the United States, as defined in section 3307.02         10,567       

3307.75 of the Revised Code, to a maximum of five years.  For      10,569       

purposes of this calculation, a partial year of active military    10,570       

service of eight continuous months or more in the armed forces     10,571       

shall be counted as a full year.                                   10,572       

      (2)  "Teacher" means all teachers employed by the board of   10,574       

education of any school district, including any cooperative        10,576       

education or joint vocational school district and all teachers     10,577       

employed by any educational service center governing board.                     

      (B)  No teacher shall be paid a salary less than that        10,579       

provided in the schedule set forth in division (C) of this         10,580       

section.  In calculating the minimum salary any teacher shall be   10,581       

paid pursuant to this section, years of service shall include the  10,582       

sum of all years of the teacher's teaching service included in     10,583       

divisions (A)(1)(a), (b), (c), and (d) of this section; except     10,584       

that any school district or educational service center employing   10,585       

a teacher new to the district or educational service center shall  10,586       

grant such teacher a total of not more than ten years of service   10,587       

pursuant to divisions (A)(1)(b), (c), and (d) of this section.     10,588       

      Upon written complaint to the superintendent of public       10,590       

instruction that the board of education of a district or the       10,591       

                                                          224    


                                                                 
governing board of an educational service center governing board   10,592       

has failed or refused to annually adopt a salary schedule or to    10,593       

pay salaries in accordance with the salary schedule set forth in   10,594       

division (C) of this section, the superintendent of public         10,595       

instruction shall cause to be made an immediate investigation of   10,596       

such complaint. If the superintendent finds that the conditions    10,597       

complained of exist, the superintendent shall order the board to   10,598       

correct such conditions within ten days from the date of the       10,600       

finding.  No moneys shall be distributed to the district or        10,601       

educational service center under this chapter until the            10,602       

superintendent has satisfactory evidence of the board of           10,603       

education's full compliance with such order.                       10,604       

      Each teacher shall be fully credited with placement in the   10,606       

appropriate academic training level column in the district's or    10,608       

educational service center's salary schedule with years of                      

service properly credited pursuant to this section or section      10,610       

3317.14 of the Revised Code.  No rule shall be adopted or          10,611       

exercised by any board of education or educational service center  10,612       

governing board which restricts the placement or the crediting of  10,613       

annual salary increments for any teacher according to the                       

appropriate academic training level column.                        10,614       

      (C)  Minimum salaries exclusive of retirement and sick       10,616       

leave for teachers shall be as follows:                            10,617       

          Teachers                   Teachers with    Teachers     10,620       

Years     with Less   Teachers with  Five Years of      with       10,622       

of        than        a Bachelor's   Training, but   a Master's    10,624       

Service   Bachelor's     Degree       no Master's    Degree or     10,626       

          Degree                        Degree         Higher      10,627       

   Per     Dollar  Per     Dollar  Per     Dollar  Per     Dollar  10,631       

   Cent*   Amount  Cent*   Amount  Cent*   Amount  Cent*   Amount  10,633       

0   86.5  $14,705  100.0  $17,000  103.8  $17,646  109.5  $18,615  10,635       

1   90.0   15,300  103.8   17,646  108.1   18,377  114.3   19,431  10,637       

2   93.5   15,895  107.6   18,292  112.4   19,108  119.1   20,247  10,639       

3   97.0   16,490  111.4   18,938  116.7   19,839  123.9   21,063  10,641       

                                                          225    


                                                                 
4  100.5   17,085  115.2   19,584  121.0   20,570  128.7   21,879  10,643       

5  104.0   17,680  119.0   20,230  125.3   21,301  133.5   22,695  10,645       

6  104.0   17,680  122.8   20,876  129.6   22,032  138.3   23,511  10,647       

7  104.0   17,680  126.6   21,522  133.9   22,763  143.1   24,327  10,649       

8  104.0   17,680  130.4   22,168  138.2   23,494  147.9   25,143  10,651       

9  104.0   17,680  134.2   22,814  142.5   24,225  152.7   25,959  10,653       

10 104.0   17,680  138.0   23,460  146.8   24,956  157.5   26,775  10,655       

11 104.0   17,680  141.8   24,106  151.1   25,687  162.3   27,591  10,657       

      * Percentages represent the percentage which each salary is  10,660       

of the base amount.                                                10,661       

      For purposes of determining the minimum salary at any level  10,663       

of training and service, the base of one hundred per cent shall    10,664       

be the base amount.  The percentages used in this section show     10,665       

the relationships between the minimum salaries required by this    10,666       

section and the base amount and shall not be construed as          10,667       

requiring any school district or educational service center to     10,668       

adopt a schedule containing salaries in excess of the amounts set  10,670       

forth in this section for corresponding levels of training and     10,671       

experience.                                                                     

      As used in this division:                                    10,673       

      (1)  "Base amount" means seventeen thousand dollars.         10,675       

      (2)  "Five years of training" means at least one hundred     10,677       

fifty semester hours, or the equivalent, and a bachelor's degree   10,678       

from a recognized college or university.                           10,679       

      (D)  For purposes of this section, all credited training     10,681       

shall be from a recognized college or university.                  10,682       

      Sec. 3319.08.  The board of education of each city,          10,691       

exempted village, local, and joint vocational school district and  10,693       

the governing board of each educational service center shall                    

enter into written contracts for the employment and reemployment   10,695       

of all teachers.  The board of each such school district or        10,696       

service center that authorizes compensation in addition to the     10,697       

base salary stated in the teachers' salary schedule for the                     

performance of duties by a teacher that are in addition to the     10,698       

                                                          226    


                                                                 
teacher's regular teaching duties, shall enter into a              10,699       

supplemental written contract with each teacher who is to perform  10,700       

additional duties.  Such supplemental written contracts shall be   10,701       

limited contracts.  Such written contracts and supplemental        10,702       

written contracts shall set forth the teacher's duties and shall   10,703       

specify the salaries and compensation to be paid for regular       10,704       

teaching duties and additional teaching duties, respectively,      10,705       

either or both of which may be increased but not diminished        10,706       

during the term for which the contract is made, except as          10,707       

provided in section 3319.12 of the Revised Code.                   10,708       

      If a board adopts a motion or resolution to employ a         10,711       

teacher under a limited or continuing contract and the teacher     10,712       

accepts such employment, the failure of such parties to execute a  10,713       

written contract shall not void such employment contract.          10,714       

      Teachers must be paid for all time lost when the schools in  10,716       

which they are employed are closed due to an epidemic or other     10,717       

public calamity, and for time lost due to illness or otherwise     10,718       

for not less than five days annually as authorized by regulations  10,719       

which each board shall adopt.                                      10,720       

      Contracts for the employment of teachers shall be of two     10,722       

types, limited contracts and continuing contracts.                 10,723       

      (A)  A limited contract is:                                  10,725       

      (1)  For a superintendent, a contract for such term as       10,727       

authorized by section 3319.01 of the Revised Code;                 10,728       

      (2)  For an assistant superintendent, principal, assistant   10,730       

principal, or other administrator, a contract for such term as     10,731       

authorized by section 3319.02 of the Revised Code;                 10,732       

      (3)  For all other teachers, a contract for a term not to    10,734       

exceed five years.                                                 10,735       

      (B)  A continuing contract is a contract that remains in     10,737       

effect until the teacher resigns, elects to retire, or is retired  10,738       

pursuant to FORMER section 3307.37 of the Revised Code, or until   10,739       

it is terminated or suspended and shall be granted only to the     10,740       

following:                                                         10,741       

                                                          227    


                                                                 
      (1)  Any teacher holding a professional, permanent, or life  10,743       

teacher's certificate;                                             10,744       

      (2)  Any teacher holding a professional educator license     10,746       

who has completed the applicable one of the following:             10,747       

      (a)  If the teacher did not hold a masters degree at the     10,749       

time of initially receiving a teacher's certificate under former   10,750       

law or an educator license, thirty semester hours of coursework    10,751       

in the area of licensure or in an area related to the teaching     10,752       

field since the initial issuance of such certificate or license,   10,753       

as specified in rules which the state board of education shall     10,754       

adopt;                                                                          

      (b)  If the teacher held a masters degree at the time of     10,756       

initially receiving a teacher's certificate under former law or    10,757       

an educator license, six semester hours of graduate coursework in  10,758       

the area of licensure or in an area related to the teaching field  10,759       

since the initial issuance of such certificate or license, as      10,760       

specified in rules which the state board of education shall                     

adopt.                                                             10,761       

      This section applies only to contracts entered into after    10,763       

August 18, 1969.                                                                

      Sec. 5101.181.  (A)  As used in this section and section     10,772       

5101.182 of the Revised Code, "public assistance" includes, in     10,773       

addition to Ohio works first; prevention, retention, and           10,774       

contingency; medicaid; and disability assistance, general          10,776       

assistance provided prior to July 17, 1995, under former Chapter   10,778       

5113. of the Revised Code.                                         10,779       

      (B)  As part of the procedure for the determination of       10,782       

overpayment to a recipient of public assistance under Chapter      10,783       

5107., 5108., 5111., or 5115. of the Revised Code, the director    10,784       

of human services shall furnish quarterly the name and social      10,785       

security number of each individual who receives public assistance  10,786       

to the director of administrative services, the administrator of   10,787       

the bureau of workers' compensation, and each of the state's       10,788       

retirement boards.  Within fourteen days after receiving the name  10,789       

                                                          228    


                                                                 
and social security number of an individual who receives public    10,790       

assistance, the director of administrative services,               10,791       

administrator, or board shall inform the auditor of state as to    10,792       

whether such individual is receiving wages or benefits, the        10,793       

amount of any wages or benefits being received, the social         10,794       

security number, and the address of the individual.  The director  10,795       

of administrative services, administrator, boards, and any agent   10,796       

or employee of those officials and boards shall comply with the    10,797       

rules of the department of human services restricting the          10,798       

disclosure of information regarding recipients of public                        

assistance.  Any person who violates this provision shall          10,799       

thereafter be disqualified from acting as an agent or employee or  10,800       

in any other capacity under appointment or employment of any       10,801       

state board, commission, or agency.                                10,802       

      (C)  The auditor of state may enter into a reciprocal        10,804       

agreement with the director of human services or comparable        10,805       

officer of any other state for the exchange of names, current or   10,806       

most recent addresses, or social security numbers of persons       10,807       

receiving public assistance under Title IV-A or under Title XIX    10,810       

of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,  10,811       

as amended.                                                                     

      (D)(1)  The auditor of state shall retain, for not less      10,813       

than two years, at least one copy of all information received      10,815       

under this section and sections 145.27, 742.41, 3307.21 3307.20,   10,816       

3309.22, 4123.27, 5101.182, and 5505.04 of the Revised Code.  The  10,818       

auditor shall review the information to determine whether                       

overpayments were made to recipients of public assistance under    10,820       

Chapters 5107., 5108., 5111., and 5115. of the Revised Code.  The  10,821       

auditor of state shall initiate action leading to prosecution,     10,822       

where warranted, of recipients who received overpayments by        10,823       

forwarding the name of each recipient who received overpayment,    10,824       

together with other pertinent information, to the director of      10,825       

human services and the attorney general, to the district director  10,826       

of human services of the district through which public assistance  10,827       

                                                          229    


                                                                 
was received, and to the county director of human services and     10,828       

county prosecutor of the county through which public assistance    10,829       

was received.                                                                   

      (2)  The auditor of state and the attorney general or their  10,831       

designees may examine any records, whether in computer or printed  10,832       

format, in the possession of the director of human services or     10,833       

any county director of human services.  They shall provide         10,834       

safeguards which restrict access to such records to purposes       10,835       

directly connected with an audit or investigation, prosecution,    10,836       

or criminal or civil proceeding conducted in connection with the   10,837       

administration of the programs and shall comply with the rules of  10,838       

the department of human services restricting the disclosure of     10,839       

information regarding recipients of public assistance.  Any        10,840       

person who violates this provision shall thereafter be             10,841       

disqualified from acting as an agent or employee or in any other   10,842       

capacity under appointment or employment of any state board,       10,843       

commission, or agency.                                             10,844       

      (3)  Costs incurred by the auditor of state in carrying out  10,846       

the auditor of state's duties under this division shall be borne   10,848       

by the auditor of state.                                           10,849       

      THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1, 2000.     10,851       

      Sec. 5505.161.  On receipt of notice from the public         10,860       

employees retirement system, Ohio police and fire pension fund,    10,861       

state teachers retirement system, or school employees retirement   10,862       

system of the re-employment of a retirant, the state highway       10,863       

patrol retirement system shall not pay, or if paid shall recover,  10,864       

any amount to be forfeited by the retirant in accordance with      10,865       

section 145.38, 742.26, 3307.381 3307.35, or 3309.341 of the       10,866       

Revised Code.                                                                   

      Sec. 5505.177.  THE STATE HIGHWAY PATROL RETIREMENT BOARD    10,868       

MAY ESTABLISH AND MAINTAIN A QUALIFIED GOVERNMENTAL EXCESS         10,869       

BENEFIT ARRANGEMENT THAT MEETS THE REQUIREMENTS OF DIVISION (m)    10,870       

OF SECTION 415 OF THE "INTERNAL REVENUE CODE OF 1986," 100 STAT.   10,874       

2085, 26 U.S.C.A. 415, AS AMENDED, AND ANY REGULATIONS ADOPTED     10,876       

                                                          230    


                                                                 
THEREUNDER.  IF ESTABLISHED, THE ARRANGEMENT SHALL BE A SEPARATE                

PORTION OF THE STATE HIGHWAY PATROL RETIREMENT SYSTEM AND BE                    

MAINTAINED SOLELY FOR THE PURPOSE OF PROVIDING TO RETIRED MEMBERS  10,877       

THAT PART OF A BENEFIT OTHERWISE PAYABLE UNDER THIS CHAPTER THAT   10,878       

EXCEEDS THE LIMITS ESTABLISHED BY SECTION 415 OF THE "INTERNAL     10,879       

REVENUE CODE OF 1986," AS AMENDED.                                 10,880       

      MEMBERS PARTICIPATING IN AN ARRANGEMENT ESTABLISHED UNDER    10,882       

THIS SECTION SHALL NOT BE PERMITTED TO ELECT TO DEFER              10,883       

COMPENSATION TO THE ARRANGEMENT.  CONTRIBUTIONS TO AND BENEFITS    10,884       

PAID UNDER AN ARRANGEMENT SHALL NOT BE PAYABLE FROM A TRUST THAT   10,885       

IS PART OF THE SYSTEM UNLESS THE TRUST IS MAINTAINED SOLELY FOR    10,886       

THE PURPOSE OF PROVIDING SUCH BENEFITS.                            10,887       

      THE BOARD SHALL ADOPT RULES TO ADMINISTER AN ARRANGEMENT     10,889       

ESTABLISHED UNDER THIS SECTION.                                    10,890       

      Sec. 5505.202.  (A)  As used in this section:                10,899       

      (1)  "Full-time service" means full-time service as defined  10,901       

by rule which shall be adopted by the state highway patrol         10,902       

retirement board.                                                  10,903       

      (2)  "Qualified contributions" means contributions to the    10,905       

public employees retirement system, state teachers retirement      10,906       

system, or school employees retirement system attributable to      10,907       

full-time service or purchase of credit for service in the armed   10,908       

forces of the United States.                                       10,909       

      (B)(1)  For purposes of computing the pension payable under  10,912       

section 5505.17 or 5505.18 of the Revised Code, a member of the    10,913       

state highway patrol retirement system who is a former member of   10,914       

the public employees retirement system, school employees           10,915       

retirement system, or state teachers retirement system and has     10,917       

received a return of contributions from the former retirement      10,919       

system shall be given full credit for service credit earned for    10,920       

full-time service as a member of the former retirement system or   10,921       

purchased for service in the armed forces of the United States     10,924       

if, for each year of service credit, the state highway patrol      10,925       

retirement system receives the sum of the following:               10,926       

                                                          231    


                                                                 
      (a)  An amount, which shall be paid by the member to the     10,930       

member's credit in the employees savings fund, equal to the        10,932       

amount received by the member from the former retirement system    10,934       

for that year that is attributable to contributions made for       10,936       

full-time service and payments for credit purchased for service    10,937       

in the armed forces of the United States, plus interest on that    10,939       

amount from the date payment was made to the member by the former  10,941       

retirement system to the date the member makes the payment to the  10,943       

state highway patrol retirement system;                                         

      (b)  Interest, which shall be transferred by the former      10,946       

retirement system, on the amount received by the member that is    10,947       

attributable to the year of service from the last day of the year  10,948       

for which the service credit was earned or in which the military                

service credit was purchased or obtained to the date the amount    10,949       

was paid to the member;                                            10,950       

      (c)  An amount, which shall be transferred by the former     10,952       

retirement system, equal to the lesser of the employer's           10,953       

qualified contributions to the former retirement system for the    10,954       

year of service or the amount that would have been contributed by  10,956       

the employer for the year of service had the member been a member  10,957       

of the state highway patrol retirement system, with interest on    10,958       

that amount from the last day of the year for which the service    10,960       

credit was earned or in which military service credit was          10,961       

purchased or obtained to the date the transfer is made.            10,962       

      On receipt of payment from the member, the state highway     10,965       

patrol retirement system shall notify the former retirement        10,966       

system, which, on receipt of the notice, shall make the transfer   10,967       

required by this division.  Interest shall be determined in        10,968       

accordance with division (E) of this section.                      10,969       

      (2)  For purposes of computing the pension payable under     10,971       

section 5505.17 or 5505.18 of the Revised Code, a member of the    10,974       

state highway patrol retirement system who has contributions on    10,976       

deposit with the public employees retirement system, school        10,977       

employees retirement system, or state teachers retirement system   10,978       

                                                          232    


                                                                 
shall be given full credit for service credit earned for           10,979       

full-time service as a member of that retirement system or         10,980       

purchased for service in the armed forces of the United States     10,983       

if, for each year of service, the public employees retirement      10,985       

system, school employees retirement system, or state teachers      10,986       

retirement system transfers to the state highway patrol            10,987       

retirement system the sum of the following:                        10,988       

      (a)  An amount equal to the member's qualified               10,991       

contributions;                                                                  

      (b)  An amount equal to the lesser of the employer's         10,993       

qualified contributions to the public employees retirement         10,994       

system, school employees retirement system, or state teachers      10,995       

retirement system or the amount that would have been contributed   10,997       

by the employer for the full-time service had the member been a    10,998       

member of the state highway patrol retirement system;              10,999       

      (c)  Interest, determined in accordance with division (E)    11,002       

of this section, on the amounts specified in divisions (B)(2)(a)   11,003       

and (b) of this section from the last day of the year for which    11,006       

the service credit was earned or in which military service credit  11,007       

was purchased or obtained to the date the transfer is made.        11,008       

      On receipt of a request from the member, the appropriate     11,011       

retirement system shall make the transfer.                                      

      (3)  For purposes of computing the pension payable under     11,013       

section 5505.17 or 5505.18 of the revised Code, a member of the    11,016       

state highway patrol retirement system who has contributions on    11,017       

deposit with the Cincinnati retirement system shall be given full  11,019       

credit for service credit earned for full-time service as a        11,020       

member of that retirement system or purchased from the retirement  11,021       

system for service in the armed forces of the United States if,    11,023       

for each year of service credit, the state highway patrol          11,024       

retirement system receives the sum of the following:               11,025       

      (a)  An amount, which shall be paid by the member to the     11,028       

member's credit in the employees savings fund, equal to the        11,029       

amount withdrawn from the Cincinnati retirement system that is     11,031       

                                                          233    


                                                                 
attributable to that year of service, with interest on that                     

amount determined in accordance with division (I) of this section  11,033       

from the date of withdrawal to the date of payment;                11,034       

      (b)  Interest, which shall be paid either by the member or   11,037       

the Cincinnati retirement system, on the amount withdrawn from     11,038       

the Cincinnati retirement system that is attributable to the year  11,040       

of service from the last day of the year for which the service                  

credit was earned or in which the military service credit was      11,041       

purchased or obtained to the date the amount was withdrawn;        11,043       

      (c)  An amount, which shall be paid either by the member or  11,046       

the Cincinnati retirement system, equal to the lesser of the       11,048       

amount contributed by the employer to the Cincinnati retirement    11,049       

system for the year of service or the amount that would have been  11,051       

contributed by the employer for the year of service had the                     

member been a member of the state highway patrol retirement        11,052       

system, with interest on that amount from the last day of the      11,055       

year for which the service credit was earned or in which military  11,056       

service was purchased or obtained to the date the payment is       11,057       

made.                                                                           

      (C)  If a member who is not a current contributor and has    11,059       

not received a refund of accumulated contributions elects to       11,062       

receive credit under section 145.295, 3307.412 3307.761, or        11,063       

3309.351 of the Revised Code for service for which the member      11,065       

contributed to the state highway patrol retirement system and      11,067       

credit purchased for service in the armed forces of the United     11,068       

States, the state highway patrol retirement system shall transfer  11,069       

to the appropriate retirement system the amount specified in       11,071       

division (A) of section 145.295, division (A) of section 3307.412  11,072       

3307.761, or division (A) of section 3309.351 of the Revised       11,074       

Code.                                                              11,075       

      (D)(1)  A member is ineligible to purchase or otherwise      11,077       

receive credit under this section for service that is used in the  11,078       

calculation of any retirement benefit currently being paid or      11,079       

that is payable in the future to the member, or service rendered   11,080       

                                                          234    


                                                                 
concurrently with any other period for which service credit has    11,081       

already been granted.                                              11,082       

      (2)  Except as provided under division (D)(3) of this        11,084       

section, no service credit purchased under this section or         11,085       

received as a result of a transfer requested under this section    11,086       

shall be used to determine any member's eligibility for            11,087       

retirement under sections 5505.16 and 5505.17 of the Revised       11,088       

Code.                                                                           

      (3)  Service credit obtained under this section by a member  11,090       

for credit purchased for service in the armed forces of the        11,091       

United States or for service as a state highway patrol cadet       11,093       

attending training school pursuant to section 5503.05 of the       11,094       

Revised Code shall be used to determine the member's eligibility   11,096       

for retirement under sections 5505.16 and 5505.17 of the Revised   11,097       

Code.                                                                           

      (4)  Subject to rules of the state highway patrol            11,099       

retirement system, a member may choose to purchase only part of    11,100       

the credit the member is eligible to purchase under division       11,101       

(B)(1) or (3) of this section.                                     11,103       

      (E)  At the request of the state highway patrol retirement   11,105       

system, the public employees retirement system, school employees   11,106       

retirement system, state teachers retirement system, or            11,107       

Cincinnati retirement system shall certify to the state highway    11,109       

patrol retirement system a copy of the records of service,         11,110       

salary, and contributions of a member who seeks service credit     11,111       

under this section.                                                             

      Interest charged under this section shall be calculated      11,114       

separately for each year of service credit at the lesser of the    11,115       

actuarial assumption rate for that year of the state highway       11,116       

patrol retirement system or of the retirement system in which the  11,117       

credit was earned.  The interest shall be compounded annually.     11,118       

      The state highway patrol retirement system board may adopt   11,120       

rules establishing procedures for the purchase of service credit   11,122       

or the transfer of contributions under this section.               11,123       

                                                          235    


                                                                 
      Section 2.  That existing sections 145.28, 145.293,          11,125       

145.301, 145.311, 145.312, 145.35, 145.37, 145.38, 145.45,         11,126       

171.04, 742.26, 742.379, 2329.66, 3305.01, 3305.06, 3307.01,       11,127       

3307.013, 3307.02, 3307.021, 3307.022, 3307.05, 3307.07, 3307.08,  11,128       

3307.09, 3307.10, 3307.11, 3307.111, 3307.14, 3307.15, 3307.19,    11,130       

3307.20, 3307.201, 3307.21, 3307.22, 3307.26, 3307.27, 3307.28,    11,131       

3307.281, 3307.282, 3307.283, 3307.29, 3307.30, 3307.31,           11,133       

3307.311, 3307.32, 3307.33, 3307.35, 3307.36, 3307.371, 3307.38,   11,134       

3307.381, 3307.382, 3307.383, 3307.384, 3307.39, 3307.40,          11,135       

3307.401, 3307.402, 3307.403, 3307.404, 3307.405, 3307.406,        11,136       

3307.407, 3307.408, 3307.409, 3307.4010, 3307.4011, 3307.4012,     11,137       

3307.4013, 3307.41, 3307.411, 3307.412, 3307.42, 3307.421,         11,138       

3307.43, 3307.431, 3307.44, 3307.46, 3307.47, 3307.48, 3307.49,    11,139       

3307.50, 3307.51, 3307.511, 3307.512, 3307.515, 3307.53, 3307.56,  11,140       

3307.58, 3307.59, 3307.60, 3307.61, 3307.62, 3307.63, 3307.64,     11,141       

3307.65, 3307.651, 3307.66, 3307.68, 3307.69, 3307.70, 3307.71,    11,142       

3307.711, 3307.712, 3307.72, 3307.73, 3307.74, 3307.741, 3307.75,  11,143       

3307.751, 3307.78, 3307.80, 3309.021, 3309.261, 3309.262,          11,144       

3309.301, 3309.31, 3309.341, 3309.35, 3309.39, 3309.45, 3313.975,  11,145       

3317.011, 3317.13, 3319.08, 5101.181, 5505.161, and 5505.202 and   11,146       

sections 3307.012, 3307.34, 3307.37, 3307.513, and 3307.514 of     11,147       

the Revised Code are hereby repealed.                                           

      Section 3.  That sections 3307.21 and 5101.181 of the        11,149       

Revised Code, as amended by H.B. 471 of the 123rd General          11,150       

Assembly, be amended and that section 3307.21 (3307.20) of the     11,151       

Revised Code, as amended by H.B. 471 of the 123rd General          11,152       

Assembly, be amended for the purpose of adopting a new section     11,153       

number as indicated in parentheses, to read as follows:            11,154       

      Sec. 3307.21 3307.20.  (A)  The treasurer of state shall     11,163       

furnish annually to the state teachers retirement board a sworn    11,165       

statement of the amount of the funds in the treasurer's custody    11,166       

belonging to the state teachers retirement system.                 11,167       

      (B)(1)  As used in this division, "personal SECTION:         11,169       

      (1)  "PERSONAL history record" means information maintained  11,172       

                                                          236    


                                                                 
by the STATE TEACHERS RETIREMENT board on a member, former         11,173       

member, contributor, former contributor, retirant, or beneficiary  11,174       

that includes the address, telephone number, social security       11,175       

number, record of contributions, correspondence with the STATE     11,176       

TEACHERS RETIREMENT system, or other information the board         11,178       

determines to be confidential.                                                  

      (2)  "RETIRANT" HAS THE SAME MEANING AS IN SECTION 3307.50   11,180       

OF THE REVISED CODE.                                                            

      (B)  The records of the board shall be open to public        11,182       

inspection, except for the following, which shall be excluded,     11,183       

except with the written authorization of the individual            11,184       

concerned:                                                         11,185       

      (a)(1)  The individual's personal records provided for in    11,187       

section 3307.29 3307.23 of the Revised Code;                       11,188       

      (b)(2)  The individual's personal history record;            11,190       

      (c)(3)  Any information identifying, by name and address,    11,192       

the amount of a monthly allowance or benefit paid to the           11,193       

individual.                                                                     

      (C)  All medical reports and recommendations under sections  11,195       

3307.42 3307.62, 3307.44 3307.64, and 3307.49 3307.66 of the       11,197       

Revised Code are privileged, except that copies of such medical    11,198       

reports or recommendations shall be made available to the          11,199       

personal physician, attorney, or authorized agent of the           11,200       

individual concerned upon written release received from the        11,201       

individual or the individual's agent, or, when necessary for the   11,202       

proper administration of the fund, to the board assigned           11,203       

physician.                                                                      

      (D)  Any person who is a member or contributor of the        11,205       

system shall be furnished, on written request, with a statement    11,207       

of the amount to the credit of the person's account.  The board    11,208       

need not answer more than one request of a person in any one       11,209       

year.                                                                           

      (E)  Notwithstanding the exceptions to public inspection in  11,211       

division (B)(2) of this section, the board may furnish the         11,212       

                                                          237    


                                                                 
following information:                                             11,213       

      (1)  If a member, former member, retirant, contributor, or   11,215       

former contributor is subject to an order issued under section     11,216       

2907.15 of the Revised Code or is convicted of or pleads guilty    11,217       

to a violation of section 2921.41 of the Revised Code, on written  11,218       

request of a prosecutor as defined in section 2935.01 of the       11,219       

Revised Code, the board shall furnish to the prosecutor the        11,220       

information requested from the individual's personal history       11,221       

record.                                                            11,222       

      (2)  Pursuant to a court or administrative order issued      11,224       

under section 3111.23 or 3113.21 of the Revised Code, the board    11,225       

shall furnish to a court or child support enforcement agency the   11,226       

information required under that section.                           11,227       

      (3)  At the written request of any person, the board shall   11,229       

provide to the person a list of the names and addresses of         11,230       

members, former members, retirants, contributors, former           11,231       

contributors, or beneficiaries.  The costs of compiling, copying,  11,232       

and mailing the list shall be paid by such person.                 11,233       

      (4)  Within fourteen days after receiving from the director  11,235       

of job and family services a list of the names and social          11,236       

security numbers of recipients of public assistance pursuant to    11,237       

section 5101.181 of the Revised Code, the board shall inform the   11,238       

auditor of state of the name, current or most recent employer      11,239       

address, and social security number of each member whose name and  11,240       

social security number are the same as that of a person whose      11,241       

name or social security number was submitted by the director.      11,242       

The board and its employees shall, except for purposes of          11,243       

furnishing the auditor of state with information required by this  11,244       

section, preserve the confidentiality of recipients of public      11,245       

assistance in compliance with division (A) of section 5101.181 of  11,246       

the Revised Code.                                                               

      (F)  A statement that contains information obtained from     11,248       

the system's records that is signed by an officer of the           11,249       

retirement system and to which the system's official seal is       11,250       

                                                          238    


                                                                 
affixed, or copies of the system's records to which the signature  11,251       

and seal are attached, shall be received as true copies of the     11,252       

system's records in any court or before any officer of this        11,253       

state.                                                             11,254       

      Sec. 5101.181.  (A)  As used in this section and section     11,263       

5101.182 of the Revised Code, "public assistance" includes, in     11,264       

addition to Ohio works first; prevention, retention, and           11,265       

contingency; medicaid; and disability assistance, general          11,267       

assistance provided prior to July 17, 1995, under former Chapter   11,269       

5113. of the Revised Code.                                         11,270       

      (B)  As part of the procedure for the determination of       11,273       

overpayment to a recipient of public assistance under Chapter      11,274       

5107., 5108., 5111., or 5115. of the Revised Code, the director    11,275       

of job and family services shall furnish quarterly the name and    11,276       

social security number of each individual who receives public                   

assistance to the director of administrative services, the         11,277       

administrator of the bureau of workers' compensation, and each of  11,278       

the state's retirement boards.  Within fourteen days after         11,279       

receiving the name and social security number of an individual     11,280       

who receives public assistance, the director of administrative     11,281       

services, administrator, or board shall inform the auditor of      11,282       

state as to whether such individual is receiving wages or          11,283       

benefits, the amount of any wages or benefits being received, the  11,284       

social security number, and the address of the individual.  The    11,285       

director of administrative services, administrator, boards, and    11,286       

any agent or employee of those officials and boards shall comply   11,287       

with the rules of the director of job and family services          11,289       

restricting the disclosure of information regarding recipients of  11,290       

public assistance.  Any person who violates this provision shall   11,291       

thereafter be disqualified from acting as an agent or employee or  11,292       

in any other capacity under appointment or employment of any       11,293       

state board, commission, or agency.                                11,294       

      (C)  The auditor of state may enter into a reciprocal        11,296       

agreement with the director of job and family services or          11,297       

                                                          239    


                                                                 
comparable officer of any other state for the exchange of names,   11,299       

current or most recent addresses, or social security numbers of    11,300       

persons receiving public assistance under Title IV-A or under      11,302       

Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42    11,303       

U.S.C. 301, as amended.                                            11,304       

      (D)(1)  The auditor of state shall retain, for not less      11,306       

than two years, at least one copy of all information received      11,308       

under this section and sections 145.27, 742.41, 3307.21 3307.20,   11,309       

3309.22, 4123.27, 5101.182, and 5505.04 of the Revised Code.  The  11,311       

auditor shall review the information to determine whether                       

overpayments were made to recipients of public assistance under    11,313       

Chapters 5107., 5108., 5111., and 5115. of the Revised Code.  The  11,314       

auditor of state shall initiate action leading to prosecution,     11,315       

where warranted, of recipients who received overpayments by        11,316       

forwarding the name of each recipient who received overpayment,    11,317       

together with other pertinent information, to the director of job  11,318       

and family services and the attorney general, to the district      11,320       

director of job and family services of the district through which  11,322       

public assistance was received, and to the county director of job  11,323       

and family services and county prosecutor of the county through    11,325       

which public assistance was received.                                           

      (2)  The auditor of state and the attorney general or their  11,327       

designees may examine any records, whether in computer or printed  11,328       

format, in the possession of the director of job and family        11,330       

services or any county director of job and family services.  They  11,331       

shall provide safeguards which restrict access to such records to  11,333       

purposes directly connected with an audit or investigation,        11,334       

prosecution, or criminal or civil proceeding conducted in          11,335       

connection with the administration of the programs and shall       11,336       

comply with the rules of the director of job and family services   11,338       

restricting the disclosure of information regarding recipients of  11,339       

public assistance.  Any person who violates this provision shall   11,340       

thereafter be disqualified from acting as an agent or employee or  11,341       

in any other capacity under appointment or employment of any       11,342       

                                                          240    


                                                                 
state board, commission, or agency.                                11,343       

      (3)  Costs incurred by the auditor of state in carrying out  11,345       

the auditor of state's duties under this division shall be borne   11,347       

by the auditor of state.                                           11,348       

      Section 4.  That all existing versions of sections 3307.21   11,350       

and 5101.181 of the Revised Code are hereby repealed.              11,351       

      Section 5.  Sections 3 and 4 of this act shall take effect   11,353       

on July 1, 2000.                                                                

      Section 6.  The State Teachers Retirement Board shall        11,355       

recalculate under section 3307.58, 3307.59, or 3307.631 of the     11,356       

Revised Code, as amended by this act, a benefit that is payable    11,357       

under those sections or section 3307.60 of the Revised Code and    11,358       

became effective on or after July 1, 1999, but before the          11,359       

effective date of this act.  If the recalculated benefit is        11,360       

greater than the recipient's benefit prior to the recalculation,   11,361       

the board shall do both of the following:                          11,362       

      (A)  Pay the recalculated benefit;                           11,364       

      (B)  Make a one-time payment to the recipient equal to the   11,366       

difference between the benefits paid to the recipient between      11,367       

July 1, 1999, and the date of the payment and the increased        11,368       

benefits that would have been paid to the recipient had the        11,369       

amendments to sections 3307.58, 3307.59, and 3307.631 of the       11,370       

Revised Code gone into effect on July 1, 1999.                     11,371       

      Section 7.  As used in this section, "eligible recipient"    11,373       

has the same meaning as in section 3307.6913 of the Revised Code.  11,374       

      The State Teachers Retirement Board shall make a one-time    11,376       

payment to each eligible recipient whose benefit is increased      11,377       

under section 3307.6913 or 3307.6914 of the Revised Code, as       11,378       

enacted by this act.  The payment shall equal the difference       11,379       

between the benefits paid to the recipient between July 1, 1999,   11,380       

and the date of the payment and the increased benefits that would  11,381       

have been paid to the recipient had those sections gone into       11,382       

effect on July 1, 1999.                                                         

      Section 8.  Section 3307.21 of the Revised Code is           11,384       

                                                          241    


                                                                 
presented in Section 1 of this act as a composite of the section   11,386       

as amended by both Am. Sub. H.B. 627 and Am. Sub. H.B. 668 of the  11,387       

121st General Assembly, with the new language of neither of the    11,389       

acts shown in capital letters.  This is in recognition of the      11,390       

principle stated in division (B) of section 1.52 of the Revised    11,391       

Code that such amendments are to be harmonized where not           11,392       

substantively irreconcilable and constitutes a legislative         11,393       

finding that such is the resulting version in effect prior to the  11,394       

effective date of this act.