As Passed by the Senate                       1            

123rd General Assembly                                             4            

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

      1999-2000                                                    6            


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

      KEARNS-MALLORY-McLIN-WHITE-HERINGTON-DiDONATO-SPADA-         9            

                      LATELL-LATTA-PRENTISS                        10           


_________________________________________________________________   12           

                          A   B I L L                                           

             To amend sections 145.28, 145.293, 145.301, 145.311,  14           

                145.312, 145.35, 145.37, 145.38, 145.45, 171.04,   15           

                742.26, 742.379, 2329.66, 3305.01, 3305.06,        16           

                3307.01, 3307.013, 3307.02, 3307.021, 3307.022,                 

                3307.05, 3307.07, 3307.08, 3307.09, 3307.10,       17           

                3307.11, 3307.111, 3307.14, 3307.15, 3307.19,      18           

                3307.20, 3307.201, 3307.21, 3307.22, 3307.26,      19           

                3307.28, 3307.281, 3307.282, 3307.283, 3307.29,                 

                3307.30, 3307.31, 3307.311, 3307.32, 3307.33,      21           

                3307.35, 3307.36, 3307.371, 3307.38, 3307.381,     22           

                3307.382, 3307.383, 3307.384, 3307.39, 3307.40,                 

                3307.401, 3307.402, 3307.403, 3307.404, 3307.405,  23           

                3307.406, 3307.407, 3307.408, 3307.409,            24           

                3307.4010, 3307.4011, 3307.4012, 3307.4013,        25           

                3307.41, 3307.411, 3307.412, 3307.42, 3307.421,                 

                3307.43, 3307.431, 3307.44, 3307.46, 3307.47,      26           

                3307.48, 3307.49, 3307.50, 3307.51, 3307.511,      27           

                3307.512, 3307.515, 3307.53, 3307.56, 3307.58,     28           

                3307.59, 3307.60, 3307.61, 3307.62, 3307.64,                    

                3307.65, 3307.651, 3307.66, 3307.68, 3307.69,      29           

                3307.70, 3307.71, 3307.711, 3307.712, 3307.72,     30           

                3307.73, 3307.74, 3307.741, 3307.751, 3307.78,                  

                3307.80, 3309.021, 3309.261, 3309.262, 3309.301,   31           

                3309.31, 3309.341, 3309.35, 3309.39, 3309.45,      32           

                3313.975, 3317.011, 3317.13, 3319.08, 5101.181,    33           

                5505.161, and 5505.202; to amend, for the purpose               

                                                          2      


                                                                 
                of adopting new section numbers as indicated in    34           

                parentheses, sections 3307.013 (3307.501),         35           

                3307.02 (3307.75), 3307.021 (3307.751), 3307.022   36           

                (3307.752), 3307.111 (3307.151), 3307.14                        

                (3307.181), 3307.20 (3307.51), 3307.201            37           

                (3307.512), 3307.21 (3307.20), 3307.22 (3307.73),  38           

                3307.26 (3307.241), 3307.27 (3307.24), 3307.28                  

                (3307.71), 3307.281 (3307.70), 3307.282            39           

                (3307.711), 3307.283 (3307.712), 3307.29           40           

                (3307.23), 3307.30 (3307.231), 3307.31 (3307.53),  41           

                3307.311 (3307.78), 3307.32 (3307.74), 3307.33                  

                (3307.741), 3307.35 (3307.54), 3307.36 (3307.52),  42           

                3307.371 (3307.69), 3307.38 (3307.58), 3307.381    43           

                (3307.35), 3307.382 (3307.691), 3307.383           44           

                (3307.79), 3307.384 (3307.692), 3307.39                         

                (3307.59), 3307.40 (3307.392), 3307.401            45           

                (3307.693), 3307.402 (3307.694), 3307.403          46           

                (3307.67), 3307.404 (3307.695), 3307.405                        

                (3307.61), 3307.406 (3307.696), 3307.407           47           

                (3307.697), 3307.408 (3307.671), 3307.409          48           

                (3307.698), 3307.4010 (3307.699), 3307.4011                     

                (3307.6910), 3307.4012 (3307.46), 3307.4013        49           

                (3307.6911), 3307.41 (3307.57), 3307.411           50           

                (3307.76), 3307.412 (3307.761), 3307.42                         

                (3307.62), 3307.421 (3307.513), 3307.43            51           

                (3307.63), 3307.431 (3307.631), 3307.44            52           

                (3307.64), 3307.46 (3307.56), 3307.47 (3307.561),  53           

                3307.48 (3307.562), 3307.49 (3307.66), 3307.50                  

                (3307.60), 3307.51 (3307.26), 3307.511             54           

                (3307.261), 3307.512 (3307.77), 3307.515           55           

                (3307.771), 3307.53 (3307.28), 3307.56 (3307.31),  56           

                3307.58 (3307.21), 3307.59 (3307.211), 3307.60                  

                (3307.212), 3307.61 (3307.29), 3307.62             57           

                (3307.291), 3307.63 (3307.213), 3307.64            58           

                                                          3      


                                                                 
                (3307.30), 3307.65 (3307.14), 3307.651                          

                (3307.142), 3307.66 (3307.141), 3307.68            59           

                (3307.96), 3307.69 (3307.97), 3307.70 (3307.98),   60           

                3307.71 (3307.41), 3307.711 (3307.42), 3307.712    61           

                (3307.44), 3307.72 (3307.37), 3307.73 (3307.72),   62           

                3307.74 (3307.39), 3307.741 (3307.391), 3307.75                 

                (3307.32), 3307.751 (3307.47), 3307.78             63           

                (3307.6912), and 3307.80 (3307.563); to enact new  65           

                sections 3307.27, 3307.33, 3307.50, 3307.511, and  66           

                3307.80 and sections 145.391, 742.3721, 3307.031,  67           

                3307.121, 3307.214, 3307.25, 3307.251, 3307.252,   68           

                3307.461, 3307.661, 3307.6913, 3307.6914,                       

                3307.81, 3307.811, 3307.812, 3307.83, 3307.84,     69           

                3307.86, 3307.87, 3307.88, 3307.881, 3307.882,     70           

                3307.89, 3309.3712, and 5505.177; and to repeal    71           

                sections 3307.012, 3307.34, 3307.37, 3307.513,     72           

                and 3307.514 of the Revised Code to increase                    

                certain benefits paid by the State Teachers        73           

                Retirement System (STRS), to require STRS to       74           

                establish a defined contribution plan that                      

                members can select as an alternative to its        76           

                existing defined benefit plan, to permit STRS and               

                Ohio's other state retirement systems to           77           

                establish excess benefit arrangements under the                 

                Internal Revenue Code of 1986, to require the      80           

                Ohio Retirement Study Council to review                         

                semiannually the investment programs of Ohio's     81           

                state retirement systems and to review at least    82           

                once every ten years each system's actuarial                    

                valuations and investigations, and to maintain     84           

                the provisions of this act on and after July 1,    85           

                2000, by amending the versions of sections         86           

                3307.21 and 5101.181 of the Revised Code that      87           

                take effect on that date and by amending, for the  88           

                                                          4      


                                                                 
                purpose of adopting a new section number as                     

                indicated in parentheses, the version of section   89           

                3307.21 (3307.20) of the Revised Code that takes   90           

                effect on that date.                                            




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        92           

      Section 1.  That sections 145.28, 145.293, 145.301,          94           

145.311, 145.312, 145.35, 145.37, 145.38, 145.45, 171.04, 742.26,  95           

742.379, 2329.66, 3305.01, 3305.06, 3307.01, 3307.013, 3307.02,    96           

3307.021, 3307.022, 3307.05, 3307.07, 3307.08, 3307.09, 3307.10,   97           

3307.11, 3307.111, 3307.14, 3307.15, 3307.19, 3307.20, 3307.201,   99           

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,    101          

3307.36, 3307.371, 3307.38, 3307.381, 3307.382, 3307.383,          102          

3307.384, 3307.39, 3307.40, 3307.401, 3307.402, 3307.403,          103          

3307.404, 3307.405, 3307.406, 3307.407, 3307.408, 3307.409,        104          

3307.4010, 3307.4011, 3307.4012, 3307.4013, 3307.41, 3307.411,     105          

3307.412, 3307.42, 3307.421, 3307.43, 3307.431, 3307.44, 3307.46,  106          

3307.47, 3307.48, 3307.49, 3307.50, 3307.51, 3307.511, 3307.512,   107          

3307.515, 3307.53, 3307.56, 3307.58, 3307.59, 3307.60, 3307.61,    108          

3307.62, 3307.64, 3307.65, 3307.651, 3307.66, 3307.68, 3307.69,    109          

3307.70, 3307.71, 3307.711, 3307.712, 3307.72, 3307.73, 3307.74,   110          

3307.741, 3307.751, 3307.78, 3307.80, 3309.021, 3309.261,          111          

3309.262, 3309.301, 3309.31, 3309.341, 3309.35, 3309.39, 3309.45,  112          

3313.975, 3317.011, 3317.13, 3319.08, 5101.181, 5505.161, and      113          

5505.202 be amended; that sections 3307.013 (3307.501), 3307.02    114          

(3307.75), 3307.021 (3307.751), 3307.022 (3307.752), 3307.111      115          

(3307.151), 3307.14 (3307.181), 3307.20 (3307.51), 3307.201        116          

(3307.512), 3307.21 (3307.20), 3307.22 (3307.73), 3307.26          117          

(3307.241), 3307.27 (3307.24), 3307.28 (3307.71), 3307.281         118          

(3307.70), 3307.282 (3307.711), 3307.283 (3307.712), 3307.29       119          

(3307.23), 3307.30 (3307.231), 3307.31 (3307.53), 3307.311         120          

(3307.78), 3307.32 (3307.74), 3307.33 (3307.741), 3307.35          121          

                                                          5      


                                                                 
(3307.54), 3307.36 (3307.52), 3307.371 (3307.69), 3307.38          122          

(3307.58), 3307.381 (3307.35), 3307.382 (3307.691), 3307.383       123          

(3307.79), 3307.384 (3307.692), 3307.39 (3307.59), 3307.40         124          

(3307.392), 3307.401 (3307.693), 3307.402 (3307.694), 3307.403     125          

(3307.67), 3307.404 (3307.695), 3307.405 (3307.61), 3307.406       126          

(3307.696), 3307.407 (3307.697), 3307.408 (3307.671), 3307.409     127          

(3307.698), 3307.4010 (3307.699), 3307.4011 (3307.6910),           128          

3307.4012 (3307.46), 3307.4013 (3307.6911), 3307.41 (3307.57),     129          

3307.411 (3307.76), 3307.412 (3307.761), 3307.42 (3307.62),        130          

3307.421 (3307.513), 3307.43 (3307.63), 3307.431 (3307.631),       131          

3307.44 (3307.64), 3307.46 (3307.56), 3307.47 (3307.561), 3307.48  132          

(3307.562), 3307.49 (3307.66), 3307.50 (3307.60), 3307.51          133          

(3307.26), 3307.511 (3307.261), 3307.512 (3307.77), 3307.515       134          

(3307.771), 3307.53 (3307.28), 3307.56 (3307.31), 3307.58          135          

(3307.21), 3307.59 (3307.211), 3307.60 (3307.212), 3307.61         136          

(3307.29), 3307.62 (3307.291), 3307.63 (3307.213), 3307.64         137          

(3307.30), 3307.65 (3307.14), 3307.651 (3307.142), 3307.66         138          

(3307.141), 3307.68 (3307.96), 3307.69 (3307.97), 3307.70          139          

(3307.98), 3307.71 (3307.41), 3307.711 (3307.42), 3307.712         140          

(3307.44), 3307.72 (3307.37), 3307.73 (3307.72), 3307.74           141          

(3307.39), 3307.741 (3307.391), 3307.75 (3307.32), 3307.751        142          

(3307.47), 3307.78 (3307.6912), and 3307.80 (3307.563) be          143          

amended, for the purpose of adopting new section numbers as        144          

indicated in parentheses; and that new sections 3307.27, 3307.33,  145          

3307.50, 3307.511, and 3307.80 and sections 145.391, 742.3721,     147          

3307.031, 3307.121, 3307.214, 3307.25, 3307.251, 3307.252,         148          

3307.461, 3307.661, 3307.6913, 3307.6914, 3307.81, 3307.811,       150          

3307.812, 3307.83, 3307.84, 3307.86, 3307.87, 3307.88, 3307.881,   151          

3307.882, 3307.89, 3309.3712, and 5505.177 of the Revised Code be  154          

enacted to read as follows:                                        155          

      Sec. 145.28.  (A)(1)  Except as provided in division (A)(2)  164          

of this section, a member of the public employees retirement       165          

system with at least eighteen months of contributing service in    166          

the system, the state teachers retirement system, or the school    167          

                                                          6      


                                                                 
employees retirement system who exempted himself SELF from         168          

membership in one or more of the systems pursuant to section       170          

145.03 or 3309.23 of the Revised Code, or former section 3307.25   171          

or 3309.25 of the Revised Code, or was exempt under section        172          

3307.27 3307.24 of the Revised Code, may purchase credit for each  174          

year or portion of a year of service for which he THE MEMBER was   175          

exempted.                                                                       

      (2)  A member may not purchase credit under this section     177          

for exempted service if the service was exempted from              178          

contribution under section 145.03 of the Revised Code and subject  179          

to the tax on wages imposed by the "Federal Insurance              180          

Contributions Act," 68A Stat. 415 (1954), 26 U.S.C.A. 3101, as     181          

amended.                                                           182          

      (B)  For each year or portion of a year of credit purchased  184          

under this section, a member shall pay to the retirement system    185          

an amount determined by multiplying the member's earnable salary   186          

for the twelve months of contributing service preceding the month  187          

in which he THE MEMBER applies to purchase the credit by a         188          

percentage rate established by rule of the public employees        190          

retirement board adopted under division (F) of this section.       191          

      (C)  Subject to board rules, a member may purchase all or    193          

part of the credit he THE MEMBER is eligible to purchase under     194          

this section in one or more payments.  If the member purchases     196          

the credit in more than one payment, compound interest at a rate   197          

specified by rule of the board shall be charged on the balance     198          

remaining after the first payment is made.                         199          

      (D)  Credit purchasable under this section shall not exceed  201          

one year of service for any twelve-month period.  If the period    202          

of service for which credit is purchasable under this section is   203          

concurrent with a period of service that will be used to           204          

calculate a retirement benefit from this system, the state         205          

teachers retirement system, or school employees retirement         206          

system, the amount of the credit shall be adjusted in accordance   207          

with rules adopted by the public employees retirement board.       208          

                                                          7      


                                                                 
      A member who is also a member of the state teachers          210          

retirement system or the school employees retirement system shall  211          

purchase credit for any service for which he THE MEMBER exempted   212          

himself SELF under section 145.03 or 3309.23 of the Revised Code,  214          

or former section 3307.25 or 3309.25 of the Revised Code, or was   215          

exempt under section 3307.27 3307.24 of the Revised Code, from     216          

the retirement system in which he THE MEMBER has the greatest      218          

number of years of service credit.  If the member receives         220          

benefits under section 145.37 of the Revised Code, the retirement  221          

system that determines and pays the benefit shall receive from     222          

the other system or systems the amounts paid by the member for     223          

purchase of credit for exempt service plus interest at the         224          

actuarial assumption rate of the system paying that amount.  The   225          

interest shall be for the period beginning on the date of the      226          

member's last payment for purchase of the credit and ending on     227          

the date of the member's retirement.                                            

      (E)  If a member dies or withdraws from service, any         229          

payment made by the member under this section shall be considered  230          

as accumulated contributions of the member.                        231          

      (F)  The retirement board shall adopt rules to implement     233          

this section.                                                      234          

      Sec. 145.293.  (A)  Service credit purchased under this      243          

section shall be included in the member's total service credit.    244          

Credit may be purchased for the following:                         245          

      (1)  Service rendered in another state, and service in any   247          

entity operated by the United States government, that, if served   248          

in a comparable position in Ohio, would be covered by the public   249          

employees retirement system, Ohio police and fire pension fund,    251          

state teachers retirement system, school employees retirement      252          

system, or state highway patrol retirement system;                 253          

      (2)  Service for which contributions were made by the        255          

member or on the member's behalf to a municipal retirement system  257          

in this state.                                                                  

      The number of years purchased under this section shall not   259          

                                                          8      


                                                                 
exceed the lesser of five years or the member's total accumulated  260          

number of years of Ohio service.                                   261          

      (B)  For each year of service purchased, a member shall pay  263          

to the public employees retirement system for credit to the        264          

member's accumulated account an amount equal to the member's       266          

retirement contribution for full-time employment for the first     267          

year of Ohio service following termination of the service to be    268          

purchased.  To this amount shall be added an amount equal to       269          

compound interest at a rate established by the public employees    270          

retirement board from the date of membership in the public         271          

employees retirement system to date of payment.  The member may    272          

choose to purchase only part of such credit in any one payment,    273          

subject to board rules.                                            274          

      (C)  A member is ineligible to purchase under this section   276          

service for which the member has obtained credit under section     278          

145.44 of the Revised Code or service that is used in the          279          

calculation of any retirement benefit currently being paid or      280          

payable in the future to the member under any other retirement     281          

program except social security.  At the time the credit is         282          

purchased the member shall certify on a form furnished by the      283          

retirement board that the member does and will conform to this     284          

requirement.                                                                    

      (D)  Credit purchased under this section may be combined     286          

pursuant to section 145.37 with credit purchased under sections    287          

3307.32 3307.74 and 3309.31 of the Revised Code, except that not   289          

more than an aggregate total of five years' service credit         290          

purchased under this section and sections 3307.32 3307.74 and      291          

3309.31 shall be used in determining retirement eligibility or     293          

calculating benefits under section 145.37 of the Revised Code.     294          

      Sec. 145.301.  (A)  A member may purchase service credit     303          

that shall be considered as the equivalent of Ohio service for     304          

each year of service incurred by reason of having been on active   305          

duty as a member of the armed forces of the United States, as      306          

defined in section 145.30 of the Revised Code.  The credit may be  307          

                                                          9      


                                                                 
purchased at any time prior to receipt of a retirement allowance.  308          

The number of years purchased shall not exceed five.  The member   310          

may choose to purchase only part of such credit in any one         311          

payment, subject to public employees retirement board rules.       312          

      (B)  For the purposes of this division, "prisoner of war"    314          

means any regularly appointed, enrolled, enlisted, or inducted     315          

member of the armed forces of the United States who was captured,  316          

separated, and incarcerated by an enemy of the United States.      317          

      A member may purchase service credit that shall be           319          

considered as the equivalent of Ohio service for each year of      320          

service such member was a prisoner of war.  The number of years    321          

purchased under this division shall not exceed five.  Service      322          

credit may be purchased under this division for the same years of  323          

service used to purchase service credit under division (A) of      324          

this section.  The member may choose to purchase only part of      325          

such credit in any one payment, subject to board rules.            326          

      (C)  The total number of years purchased under this section  328          

shall not exceed the member's total accumulated number of years    329          

of Ohio service.                                                   330          

      (D)  For each year of service purchased under division (A)   332          

or (B) of this section, the member shall pay to the public         333          

employees retirement system for credit to the member's             334          

accumulated account an amount specified by the retirement board    336          

that shall be not less than fifty per cent of the additional       337          

liability resulting from the purchase of that year of service as   338          

determined by an actuary employed by the board.                    339          

      (E)  A member is ineligible to purchase service credit       341          

under this section for any year of military service that was:      342          

      (1)  Used in the calculation of any retirement benefit       345          

currently being paid to the member or payable in the future under  346          

any other retirement program, except social security, or for       347          

retired pay for nonregular service under Chapter 1223 of Section   348          

1662 of Title XVI of the "National Defense Authorization Act for   350          

Fiscal Year 1995," 108 Stat. 2998 (1994), 10 U.S.C.A. 12731 to     351          

                                                          10     


                                                                 
12739;                                                                          

      (2)  Used to obtain service credit pursuant to section       352          

145.30 or 145.302 of the Revised Code.                             353          

      At the time the credit is purchased, the member shall        356          

certify on a form furnished by the retirement board that the       357          

member does and will conform to this requirement.                  358          

      (F)  A member who, on the effective date of this amendment   362          

MARCH 17, 2000, is purchasing service credit under this section    363          

by making installment payments to the system or by a payroll       364          

deduction plan authorized under section 145.294 of the Revised     365          

Code may elect, on a form provided by the board, to have a         366          

portion of the cost of the service credit recalculated under       367          

division (D) of this section as amended by House Bill 186 of the   369          

123rd general assembly.  The recalculation shall apply only to     370          

the amount still owed by the member as of the date the election    371          

is filed with the board.                                           372          

      For each member who makes an election, the board shall do    374          

all of the following:                                              375          

      (1)  Determine the amount of the total cost of the service   377          

credit still owed by the member as of the date the election is     378          

filed with the board and the number of years or portion of a year  379          

of service credit attributable to that amount;                     380          

      (2)  Recalculate under division (D) of this section the      382          

cost of the service credit described in division (F)(1) of this    383          

section;                                                                        

      (3)  Notify the member of the recalculated amount.           385          

      If the recalculated amount is less than the amount still     387          

owed by the member as of the date the election is filed, the       388          

recalculated amount shall be the amount owed by the member.        389          

      (G)  Credit purchased under this section may be combined     391          

pursuant to section 145.37 with credit for military service        392          

purchased under sections 3307.021 3307.751 and 3309.021, except    394          

that not more than an aggregate total of five years of credit      395          

purchased under division (A) of this section, division (A) of      396          

                                                          11     


                                                                 
section 3307.021 3307.751, and division (A) of section 3309.021,   397          

and not more than an aggregate total of five years of credit       399          

purchased under division (B) of this section, division (B) of      400          

section 3307.021 3307.751, and division (B) of section 3309.021    402          

shall be used in determining retirement eligibility or             403          

calculating benefits under section 145.37 of the Revised Code.     404          

      Sec. 145.311.  (A)  A member of the public employees         413          

retirement system who has at least eighteen months of              414          

contributing service credit in the system, the OHIO police and     415          

firemen's disability and FIRE pension fund, school employees       417          

retirement system, state teachers retirement system, or state      418          

highway patrol retirement system, and is a former member of or no  419          

longer contributing to the school employees retirement system or   420          

state teachers retirement system may restore service credit under  421          

section 3307.28 3307.71 or 3309.26 of the Revised Code by making   423          

payments pursuant to this section through a payroll deduction      424          

plan established under section 145.294 of the Revised Code, a.  A  425          

member seeking to restore this service credit shall notify the     427          

public employees retirement system on a form approved by the       428          

public employees retirement board.  After receiving the notice,    429          

the public employees retirement system shall request that the      430          

former retirement system calculate under section 3307.283                       

3307.712 or 3309.262 of the Revised Code the cost to the member    432          

to restore service credit for each year or portion of a year of    434          

service for which the member seeks to restore the service credit.  435          

The amount the former retirement system certifies as the cost of   436          

restoring the service credit, plus interest described in division  437          

(B) of this section, is the cost to the member of restoring the    438          

service credit.  On receiving the certification from the former    439          

retirement system, the public employees retirement system shall    440          

notify the member of the cost.                                     441          

      (B)  For each year or portion of a year of service credit    443          

restored under section 3307.28 3307.71 or 3309.26 of the Revised   445          

Code, a member shall pay to the public employees retirement        446          

                                                          12     


                                                                 
system the amount certified by the former retirement system plus   447          

interest at a rate specified by the former retirement system       448          

under section 3307.283 3307.712 or 3309.262 of the Revised Code    450          

for the period during which deductions are made under section      451          

145.294 of the Revised Code.                                       452          

      (C)  The public employees retirement board shall annually    455          

notify the former retirement system that a payment to restore      456          

service credit under section 3307.28 3307.71 or 3309.26 of the     458          

Revised Code has been made.  At the time the payment is            459          

transferred under division (D) of this section, the former         460          

retirement system shall restore the service credit for the year    461          

or portion of a year for which the payment was made.               463          

      (D)  On application for a payment of accumulated             465          

contributions or an age and service retirement, disability, or     467          

survivor benefit under Chapter 145., 3307., or 3309. of the        468          

Revised Code by a member who made payments under this section to   470          

restore service credit in a former retirement system, the public   471          

employees retirement system shall pay to the former retirement     472          

system an amount equal to the total amount paid by the member      474          

under this section.                                                             

      (E)  The board shall adopt rules to implement this section.  476          

      Sec. 145.312.  After receiving a request from the state      486          

teachers retirement system under division (A) of section 3307.282  487          

3307.711 or the school employees retirement system under division  489          

(A) of section 3309.261 of the Revised Code, the public employees  492          

retirement system shall do both of the following:                  493          

      (A)  Calculate and certify to the requesting retirement      496          

system the cost to a former member to restore service credit       497          

under section 145.31 of the Revised Code for each year or portion  498          

of a year for which the former member seeks to restore service     500          

credit under that section.                                                      

      (B)  Inform the requesting retirement system of the rate of  502          

interest charged to a member under a payroll deduction plan        503          

authorized under section 145.294 of the Revised Code.              504          

                                                          13     


                                                                 
      Sec. 145.35.  (A)  As used in this section, "on-duty         513          

illness or injury" means an illness or injury that occurred        514          

during or resulted from performance of duties under the direct     515          

supervision of a member's appointing authority.                    516          

      (B)  The public employees retirement system shall provide    518          

disability coverage to each member who has at least five years of  519          

total service credit and disability coverage for on-duty illness   520          

or injury to each member who is a law enforcement officer,         521          

regardless of length of service.                                   522          

      Not later than October 16, 1992, the public employees        524          

retirement board shall give each person who is a member on July    525          

29, 1992, the opportunity to elect disability coverage either      527          

under section 145.36 of the Revised Code or under section 145.361  528          

of the Revised Code.  The board shall mail notice of the           529          

election, accompanied by an explanation of the coverage under      530          

each of the Revised Code sections and a form on which the          531          

election is to be made, to each member at the member's last known  533          

address.  The board shall also provide the explanation and form    534          

to any member on request.                                                       

      Regardless of whether the member actually receives notice    536          

of the right to make an election, a member who fails to file a     537          

valid election under this section shall be considered to have      538          

elected disability coverage under section 145.36 of the Revised    539          

Code.  To be valid, an election must be made on the form provided  540          

by the retirement board, signed by the member, and filed with the  541          

board not later than one hundred eighty days after the date the    542          

notice was mailed, or, in the case of a form provided at the       543          

request of a member, a date specified by rule of the retirement    544          

board.  Once made, an election is irrevocable, but if the member   545          

ceases to be a member of the retirement system, the election is    546          

void.  If a person who makes an election under this section also   547          

makes an election under section 3307.42 3307.62 or 3309.39 of the  549          

Revised Code, the election made for the system that pays a         550          

disability benefit to that person shall govern the benefit.        551          

                                                          14     


                                                                 
      Disability coverage shall be provided under section 145.361  553          

of the Revised Code for persons who become members after July 29,  555          

1992, and for members who elect under this division to be covered  556          

under section 145.361 of the Revised Code.                         557          

      The retirement board may adopt rules governing elections     559          

made under this division.                                          560          

      (C)  Application for a disability benefit may be made by a   562          

member, by a person acting in the member's behalf, or by the       563          

member's employer, provided the member has disability coverage     565          

under section 145.36 or 145.361 of the Revised Code and is not     566          

receiving a disability benefit under any other Ohio state or       567          

municipal retirement program.  Application must be made within     568          

two years from the date the member's contributing service          569          

terminated, unless the retirement board determines that the        570          

member's medical records demonstrate conclusively that at the      571          

time the two-year period expired, the member was physically or     572          

mentally incapacitated for duty and unable to make an              573          

application.  Application may not be made by or for any person     574          

receiving age and service retirement benefits under section        575          

145.33, 145.331, 145.34, or 145.37 of the Revised Code or any      576          

person who, pursuant to section 145.40 of the Revised Code, has    577          

been paid the accumulated contributions standing to the credit of  578          

the person's individual account in the employees' savings fund.    580          

The application shall be made on a form provided by the                         

retirement board.                                                  581          

      (D)  The benefit payable to any member who is approved for   583          

a disability benefit shall become effective on the first day of    584          

the month immediately following the later of the following:        585          

      (1)  The last day for which compensation was paid;           587          

      (2)  The attainment of eligibility for a disability          589          

benefit.                                                           590          

      (E)  Medical examination of a member who has applied for a   593          

disability benefit shall be conducted by a competent                            

disinterested physician or physicians selected by the board to     594          

                                                          15     


                                                                 
determine whether the member is mentally or physically             595          

incapacitated for the performance of duty by a disabling           596          

condition either permanent or presumed to be permanent.  The       598          

disability must have occurred since last becoming a member or                   

have increased since last becoming a member to such extent as to   599          

make the disability permanent or presumed to be permanent.  A      600          

disability is presumed to be permanent if it is expected to last   601          

for a continuous period of not less than twelve months following   602          

the filing of the application.                                     603          

      If the physician or physicians determine that the member     605          

qualifies for a disability benefit, the board concurs with the     607          

determination, and the member agrees to medical treatment as       608          

specified in division (F) of this section, the member shall        609          

receive a disability benefit under section 145.36 or 145.361 of    610          

the Revised Code.  The action of the board shall be final.         611          

      (F)  The public employees retirement board shall adopt       613          

rules requiring a disability benefit recipient, as a condition of  615          

continuing to receive a disability benefit, to agree in writing    616          

to obtain any medical treatment recommended by the board's         617          

physician and submit medical reports regarding the treatment.  If  619          

the board determines that a disability benefit recipient is not                 

obtaining the medical treatment or the board does not receive a    620          

required medical report, the disability benefit shall be           622          

suspended until the treatment is obtained, the report is received  623          

by the board, or the board's physician certifies that the          624          

treatment is no longer helpful or advisable.  Should the           625          

recipient's failure to obtain treatment or submit a medical        626          

report continue for one year, the recipient's right to the         628          

disability benefit shall be terminated as of the effective date    629          

of the original suspension.                                                     

      (G)  In the event an employer files an application for a     631          

disability benefit as a result of a member having been separated   632          

from service because the member is considered to be mentally or    634          

physically incapacitated for the performance of the member's       635          

                                                          16     


                                                                 
present duty, and the physician or physicians selected by the      636          

board reports to the board that the member is physically and       637          

mentally capable of performing service similar to that from which  638          

the member was separated and the board concurs in the report, the  640          

board shall so certify to the employer and the employer shall      641          

restore the member to the member's previous position and salary    643          

or to a similar position and salary.                                            

      Sec. 145.37.  (A)  As used in this section:                  652          

      (1)  "State retirement system" means the public employees    654          

retirement system, school employees retirement system, or state    655          

teachers retirement system.                                        656          

      (2)  "Total service credit" means all service credit earned  658          

in the state retirement systems, except credit for service         659          

subject to section 145.38 of the Revised Code.  Total service      660          

credit shall not exceed one year of credit for any twelve-month    661          

period.                                                            662          

      (3)  In addition to the meaning given in division (N) of     664          

section 145.01 of the Revised Code, "disability benefit" means     665          

"disability benefit" as defined in sections 3307.01 and 3309.01    666          

of the Revised Code.                                               667          

      (B)  To coordinate and integrate membership in the state     669          

retirement systems, the following provisions apply:                670          

      (1)  At the option of a member, total contributions and      672          

service credit in all state retirement systems, including amounts  673          

paid to restore service credit under sections 145.311, 3307.282    674          

3307.711, and 3309.261 of the Revised Code, shall be used in       676          

determining the eligibility and total retirement or disability     677          

benefit payable.  When total contributions and service credit are  678          

so combined, the following provisions apply:                       679          

      (a)  Age and service retirement or disability benefits are   681          

effective on the first day of the month immediately following the  682          

later of:                                                          683          

      (i)  The last day for which compensation was paid;           685          

      (ii)  The attainment of minimum age or service credit        687          

                                                          17     


                                                                 
eligibility for benefits provided under this section.              688          

      (b)  In determining eligibility for a disability benefit,    690          

the medical examiner's report to the retirement board of any       691          

state retirement system, showing that the member's disability      692          

incapacitates the member for the performance of duty, may be       693          

accepted by the state retirement boards as sufficient for          695          

granting a disability benefit.                                     696          

      (c)  The state retirement system in which the member had     698          

the greatest service credit, without adjustment, shall determine   699          

and pay the total retirement or disability benefit.  Where the     700          

member's credit is equal in two or more state retirement systems,  702          

the system having the largest total contributions of the member    703          

shall determine and pay the total benefit.                         704          

      (d)  In determining the total credit to be used in           706          

calculating a retirement or disability benefit, credit shall not   707          

be reduced below that certified by the system or systems           708          

transferring credit, except that such total combined service       709          

credit shall not exceed one year of credit for any one "year" as   710          

defined in the law of the system making the calculation.           711          

      (e)  The state retirement system determining and paying a    713          

retirement or disability benefit shall receive from the other      714          

system or systems the member's refundable account at retirement    715          

or the effective date of a disability benefit plus an equal        716          

amount from the employer's accumulation fund.                      717          

      (i)  The annuity rates and mortality tables of the state     719          

retirement system making the calculation and paying the benefit    720          

shall be exclusively applicable.                                   721          

      (ii)  Deposits made for the purpose of an additional         723          

annuity, and including guaranteed interest, upon the request of    724          

the member, shall be transferred to the state retirement system    725          

paying the benefit.  The return upon such deposits shall be that   726          

offered by the state retirement system making the calculation and  727          

paying the benefit.                                                728          

      (2)  A former member receiving a retirement or disability    730          

                                                          18     


                                                                 
benefit under this section, who accepts employment amenable to     731          

coverage in any state retirement system that participated in the   732          

former member's combined benefit, shall be subject to the          734          

applicable provisions of law governing such re-employment.  If     735          

the former member is subject to section 3307.381 3307.35 of the    736          

Revised Code and exceeds the limits on re-employment established   738          

by that section, the state retirement system paying a combined     739          

benefit shall terminate the entire pension portion of the benefit  740          

for the period of re-employment that exceeds the limit in that     741          

section.  If a former member should be paid any amount in a        742          

retirement benefit, to which the former member is not entitled     743          

under the applicable provisions of law governing such              745          

re-employment, such amount shall be recovered by the state         746          

retirement system paying such benefit by utilizing any recovery    747          

procedure available under the code provisions of the state         748          

retirement system covering such re-employment.                                  

      (C)  A PERS retirant or other system retirant, as defined    750          

in section 145.38 of the Revised Code, is not eligible to receive  751          

any benefit under this section for service subject to section      752          

145.38 of the Revised Code.                                        753          

      Sec. 145.38.  (A)  As used in this section:                  762          

      (1)  "PERS retirant" means a former member of the public     764          

employees retirement system who is receiving either of the         765          

following:                                                                      

      (a)  Age and service retirement benefits under section       767          

145.32, 145.33, 145.331, 145.34, or 145.46 of the Revised Code;    768          

      (b)  Age and service retirement benefits paid by the public  770          

employees retirement system under section 145.37 of the Revised    771          

Code.                                                              772          

      (2)  "Other system retirant" means both of the following:    774          

      (a)  A member or former member of the Ohio police and        776          

firemen's fire pension fund, state teachers retirement system,     777          

school employees retirement system, state highway patrol           778          

retirement system, or Cincinnati retirement system who is          779          

                                                          19     


                                                                 
receiving age and service or commuted age and service retirement   780          

benefits or a disability benefit from a system of which the        781          

person is a member or former member;                               782          

      (b)  A member or former member of the public employees       784          

retirement system who is receiving age and service retirement      785          

benefits or a disability benefit under section 145.37 of the       786          

Revised Code paid by the school employees retirement system or     787          

the state teachers retirement system.                              788          

      (B)(1)  Subject to this section, a PERS retirant or other    790          

system retirant may be employed by a public employer.  If so       791          

employed, the PERS retirant or other system retirant shall         792          

contribute to the public employees retirement system in            793          

accordance with section 145.47 of the Revised Code, and the        794          

employer shall make contributions in accordance with section       795          

145.48 of the Revised Code.                                        796          

      (2)  A public employer that employs a PERS retirant or       798          

other system retirant, or enters into a contract for services as   799          

an independent contractor with a PERS retirant who was employed    800          

by the public employer at the time of the retirant's retirement    802          

shall notify the retirement board of the employment or contract                 

not later than the end of the month in which the employment or     803          

contract commences.  Any overpayment of benefits to a PERS         804          

retirant by the retirement system resulting from delay or failure  805          

of the employer to give the notice shall be repaid to the          806          

retirement system by the employer.                                 807          

      (3)  On receipt of notice from a public employer that a      809          

person who is an other system retirant has been employed, the      810          

retirement system shall notify the retirement system of which the  811          

other system retirant was a member of such employment.             812          

      (4)(a)  A PERS retirant who has received a retirement        814          

allowance for less than six months when employment subject to      815          

this section commences shall forfeit the retirement allowance for  816          

the period that begins on the date the employment commences and    817          

ends on the date that is six months after the date on which the    818          

                                                          20     


                                                                 
retirement allowance commenced.  Service and contributions for     819          

that period shall not be included in calculation of any benefits   820          

payable to the PERS retirant and those contributions shall be      821          

refunded on the retirant's death or termination of the             822          

employment.  For purposes of this division, "employment" shall     823          

include service for which the retirant or the retirant's           824          

employer, or both, have waived any earnable salary for such        825          

service.                                                                        

      (b)  An other system retirant who has received a retirement  827          

allowance or disability benefit for less than two months when      829          

employment subject to this section commences shall forfeit the     830          

retirement allowance or disability benefit for the period that     831          

begins on the date the employment commences and ends on the date   832          

that is two months after the date on which the retirement          833          

allowance or disability benefit commenced.  Service and            834          

contributions for that period shall not be included in the                      

calculation of any benefits payable to the other system retirant   835          

and those contributions shall be refunded on the retirant's death  837          

or termination of the employment.                                               

      (5)  On receipt of notice from the Ohio police and fire      840          

pension fund, school employees retirement system, or state         842          

teachers retirement system of the re-employment of a PERS          843          

retirant, the public employees retirement system shall not pay,                 

or if paid, shall recover, the amount to be forfeited by the PERS  844          

retirant in accordance with section 742.26, 3307.381 3307.35, or   846          

3309.341 of the Revised Code.                                      847          

      (6)  A PERS retirant who enters into a contract to provide   849          

services as an independent contractor to the employer by which     850          

the retirant was employed at the time of retirement or, less than  852          

two months after the retirement allowance commences, begins                     

providing services as an independent contractor pursuant to a      853          

contract with another public employer, shall forfeit the pension   854          

portion of the retirement benefit for the period beginning the     855          

first day of the month following the month in which the services   856          

                                                          21     


                                                                 
begin and ending on the first day of the month following the       857          

month in which the services end.  The annuity portion of the       858          

retirement allowance shall be suspended on the day services under  859          

the contract begin and shall accumulate to the credit of the       860          

retirant to be paid in a single payment after services provided    861          

under the contract terminate.  A PERS retirant subject to          862          

division (B)(6) of this section shall not contribute to the        863          

retirement system and shall not become a member of the system.     864          

      (C)(1)  Except as provided in division (C)(4) of this        866          

section, a PERS retirant employed pursuant to this section shall   868          

elect one of the following:                                                     

      (a)  To receive both compensation for the employment and a   871          

retirement allowance;                                                           

      (b)  To receive compensation for the employment and forfeit  874          

the pension portion of the retirement allowance.                                

      (2)  A PERS retirant who is described in division (C)(4) of  877          

this section or elects to forfeit the pension portion of the       878          

retirement allowance under division (C)(1)(b) of this section      879          

shall become a new member of the public employees retirement       880          

system with all the rights, privileges, and obligations of         881          

membership, except that the new membership does not include        882          

survivor benefits provided pursuant to section 145.45 of the       883          

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

retirement allowance shall cease on the first day of the first     884          

month following commencement of the employment and shall           885          

thereafter be forfeited until the first day of the first month     886          

following termination of the employment.  The annuity portion of   887          

the retirement allowance shall be suspended on the first day of    888          

the first month following commencement of the employment and       889          

shall thereafter accumulate to the credit of the PERS retirant to  890          

be paid in a single payment after termination of the employment.   891          

The retirement allowance shall resume on the first day of the      892          

first month following termination of the employment.  On           893          

termination of the employment, the PERS retirant shall elect to    894          

                                                          22     


                                                                 
receive either a refund of the retirant's contributions to the     896          

retirement system during the period of employment subject to this  897          

section or a supplemental retirement allowance based on the        898          

retirant's contributions and service credit for that period of     899          

employment.                                                                     

      (3)  Except as provided in division (B)(4) of this section,  901          

there shall be no suspension or forfeiture of any portion of the   902          

retirement allowance payable to other system retirants or to PERS  903          

retirants who make an election under division (C)(1)(a) of this    904          

section.                                                           905          

      (4)  A PERS retirant shall elect division (C)(1)(b) of this  908          

section if both of the following apply:                                         

      (a)  The retirant held elective office in this state, or in  910          

any municipal corporation, county, or other subdivision of this    911          

state at the time of retirement under Chapter 145. of the Revised  912          

Code;                                                                           

      (b)  The retirant was elected or appointed to the same       914          

office for the remainder of the term or the term immediately       915          

following the term during which the retirement occurred.           916          

      (D)(1)  On termination of employment under this section,     918          

the PERS retirant who makes an election under division (C)(1)(a)   919          

of this section or other system retirant may file an application   920          

with the public employees retirement system for a benefit under    921          

this division, which shall consist of a single life annuity        922          

having a reserve equal to the amount of the retirant's             923          

accumulated contributions for the period of employment and an      924          

equal amount of the employer's contributions.  The PERS retirant   925          

or other system retirant shall elect either to receive the         926          

benefit as a monthly annuity for life or a lump-sum payment        927          

discounted to the present value using the current actuarial        928          

assumption rate of interest, except that if the monthly annuity    929          

would be less than twenty-five dollars per month, the retirant     930          

shall receive a lump-sum payment.                                  931          

      (2)  A benefit payable under this division shall commence    933          

                                                          23     


                                                                 
on the latest of the following:                                    934          

      (a)  The last day for which compensation for employment      936          

subject to this section was paid;                                  937          

      (b)  Attainment by the PERS retirant or other system         939          

retirant of age sixty-five;                                        940          

      (c)  If the PERS retirant or other system retirant was       942          

previously employed under this section and is receiving or         943          

previously received a benefit under this division, completion of   944          

a period of twelve months since the effective date of the last     945          

benefit under this division.                                       946          

      (3)(a)  If a PERS retirant or other system retirant dies     948          

while employed in employment subject to this section, a lump-sum   949          

payment calculated in accordance with division (D)(1) of this      950          

section shall be paid to the retirant's beneficiary under          951          

division (G) of this section.                                      952          

      (b)  If at the time of death a PERS retirant or other        954          

system retirant receiving a monthly annuity has received less      955          

than the retirant would have received as a lump-sum payment, the   957          

difference between the amount received and the amount that would   958          

have been received as a lump-sum payment shall be paid to the      959          

retirant's beneficiary under division (G) of this section.         960          

      (4)(a)  A PERS retirant or other system retirant subject to  962          

this division is not a member of the public employees retirement   963          

system, does not have any of the rights, privileges, or            964          

obligations of membership, except as specified in this section,    965          

and, except as specified in division (D)(4)(b) of this section,    966          

is not eligible to receive health, medical, hospital, or surgical  967          

benefits under section 145.58 of the Revised Code for employment   968          

subject to this section.  No amount received under this division   969          

shall be included in determining an additional benefit under       970          

section 145.323 of the Revised Code or any other post-retirement   971          

benefit increase.                                                  972          

      (b)  A PERS retirant who makes an election under division    974          

(C)(1)(a) of this section shall receive primary health, medical,   975          

                                                          24     


                                                                 
hospital, or surgical insurance coverage from the retirant's       976          

employer, if the employer provides coverage to other employees     977          

performing comparable work.  Neither the employer nor the PERS     978          

retirant may waive the employer's coverage, except that the PERS   979          

retirant may waive the employer's coverage if the retirant has     980          

coverage comparable to that provided by the employer from a        981          

source other than the employer or the public employees retirement  982          

system.  If a claim is made, the employer's coverage shall be the  983          

primary coverage and shall pay first.  The benefits provided       984          

under section 145.58 of the Revised Code shall pay only those      985          

medical expenses not paid through the employer's coverage or       986          

coverage the PERS retirant receives through a source other than    987          

the retirement system.                                             988          

      (E)  If the disability benefit of an other system retirant   990          

employed under this section is terminated, the retirant shall      991          

become a member of the public employees retirement system,         992          

effective on the first day of the month next following the         993          

termination with all the rights, privileges, and obligations of    994          

membership.  If such person, after the termination of the          995          

disability benefit, earns two years of service credit under this   996          

system or under the Ohio police and fire pension fund, state       998          

teachers retirement system, school employees retirement system,    999          

or state highway patrol retirement system, the person's prior      1,000        

contributions as an other system retirant under this section       1,001        

shall be included in the person's total service credit as a        1,002        

public employees retirement system member, and the person shall    1,003        

forfeit all rights and benefits of this section.  Not more than    1,004        

one year of credit may be given for any period of twelve months.   1,005        

      (F)  A PERS retirant who performs services for a public      1,007        

employer as an independent contractor pursuant to a contract with  1,008        

the employer shall not make contributions to the public employees  1,009        

retirement system or become a member of the system.  Except as     1,010        

provided in division (B)(6) of this section, there shall be no     1,011        

suspension or forfeiture of the retirant's retirement allowance.   1,012        

                                                          25     


                                                                 
      (G)  A PERS retirant or other system retirant employed       1,014        

under this section may designate one or more persons as            1,015        

beneficiary to receive any benefits payable under this section     1,016        

due to death.  The designation shall be in writing duly executed   1,018        

on a form provided by the public employees retirement board,       1,019        

signed by the PERS retirant or other system retirant, and filed    1,020        

with the board prior to death.  The last designation of a          1,021        

beneficiary revokes all previous designations.  The PERS                        

retirant's or other system retirant's marriage, divorce, marriage  1,022        

dissolution, legal separation, withdrawal of account, birth of a   1,024        

child, or adoption of a child revokes all previous designations.   1,025        

If there is no designated beneficiary, the beneficiary is the      1,026        

beneficiary determined under division (D) of section 145.43 of     1,027        

the Revised Code.  If any benefit payable under this section due   1,028        

to the death of a PERS retirant or other system retirant is not    1,029        

claimed by a beneficiary within five years after the death, the    1,030        

amount payable shall be transferred to the income fund and         1,031        

thereafter paid to the beneficiary or the estate of the PERS       1,032        

retirant or other system retirant on application to the board.                  

      (H)  This section does not affect the receipt of benefits    1,034        

by or eligibility for benefits of any person who on August 20,     1,035        

1976, was receiving a disability benefit or service retirement     1,036        

pension or allowance from a state or municipal retirement system   1,037        

in Ohio and was a member of any other state or municipal           1,038        

retirement system of this state.                                   1,039        

      (I)  The public employees retirement board may adopt rules   1,041        

to carry out this section.                                         1,042        

      Sec. 145.391.  THE PUBLIC EMPLOYEES RETIREMENT BOARD MAY     1,044        

ESTABLISH AND MAINTAIN A QUALIFIED GOVERNMENTAL EXCESS BENEFIT     1,045        

ARRANGEMENT THAT MEETS THE REQUIREMENTS OF DIVISION (m) OF         1,046        

SECTION 415 OF THE "INTERNAL REVENUE CODE OF 1986," 100 STAT.      1,048        

2085, 26 U.S.C.A. 415, AS AMENDED, AND ANY REGULATIONS ADOPTED     1,050        

THEREUNDER.  IF ESTABLISHED, THE ARRANGEMENT SHALL BE A SEPARATE   1,051        

PORTION OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM AND BE           1,052        

                                                          26     


                                                                 
MAINTAINED SOLELY FOR THE PURPOSE OF PROVIDING TO RETIRED MEMBERS  1,053        

THAT PART OF A BENEFIT OTHERWISE PAYABLE UNDER SECTIONS 145.01 TO  1,054        

145.59 OF THE REVISED CODE THAT EXCEEDS THE LIMITS ESTABLISHED BY  1,056        

SECTION 415 OF THE "INTERNAL REVENUE CODE OF 1986," AS AMENDED.    1,057        

      MEMBERS PARTICIPATING IN AN ARRANGEMENT ESTABLISHED UNDER    1,059        

THIS SECTION SHALL NOT BE PERMITTED TO ELECT TO DEFER              1,060        

COMPENSATION TO THE ARRANGEMENT.  CONTRIBUTIONS TO AND BENEFITS    1,061        

PAID UNDER AN ARRANGEMENT SHALL NOT BE PAYABLE FROM A TRUST THAT   1,062        

IS PART OF THE SYSTEM UNLESS THE TRUST IS MAINTAINED SOLELY FOR    1,063        

THE PURPOSE OF PROVIDING SUCH BENEFITS.                            1,064        

      THE BOARD SHALL ADOPT RULES TO ADMINISTER AN ARRANGEMENT     1,066        

ESTABLISHED UNDER THIS SECTION.                                    1,067        

      Sec. 145.45.  Except as provided in division (C)(1) of this  1,077        

section, in lieu of accepting the payment of the accumulated       1,078        

account of a member who dies before service retirement, a          1,079        

beneficiary, as determined in this section or section 145.43 of    1,080        

the Revised Code, may elect to forfeit the accumulated             1,081        

contributions and to substitute certain other benefits under       1,082        

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

      (A)  If a deceased member was eligible for a service         1,084        

retirement benefit as provided in section 145.33, 145.331, or      1,085        

145.34 of the Revised Code, a surviving spouse or other sole       1,086        

dependent beneficiary may elect to receive a monthly benefit       1,088        

computed as the joint-survivor benefit designated as "plan D" in   1,089        

section 145.46 of the Revised Code, which the member would have    1,090        

received had the member retired on the last day of the month of    1,091        

death and had the member at that time selected such                1,093        

joint-survivor plan.  Payment shall begin with the month           1,095        

subsequent to the member's death, except that a surviving spouse   1,096        

who is less than sixty-five years old may defer receipt of such    1,097        

benefit.  Upon receipt, the benefit shall be calculated based      1,098        

upon the spouse's age at the time of first payment, and shall      1,099        

accrue regular interest during the time of deferral.               1,100        

      (B)  If a deceased member had at least one and one-half      1,102        

                                                          27     


                                                                 
years of contributing service credit, with at least one-quarter    1,103        

year of contributing service credit within the two and one-half    1,104        

years prior to the date of death, or was receiving at the time of  1,105        

death a disability benefit as provided in section 145.36,          1,106        

145.361, or 145.37 of the Revised Code, certain qualified          1,107        

survivors may elect to receive monthly benefits as provided in     1,110        

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

      (1)  Number                                                  1,112        

      of Qualified                                     Or          1,113        

      survivors        Annual Benefit as a Per   Monthly Benefit   1,114        

      affecting        Cent of Decedent's Final  shall not be      1,115        

      the benefit      Average Salary            less than         1,116        

          1                 25%                     $ 96           1,117        

          2                 40                       186           1,118        

          3                 50                       236           1,119        

          4                 55                       236           1,120        

          5 or more         60                       236           1,121        

      (2)  Benefits shall begin as qualified survivors meet        1,124        

eligibility requirements as follows:                               1,125        

      (a)  A qualified spouse is the surviving spouse of the       1,127        

deceased member, who is age sixty-two, or age fifty if the         1,130        

deceased member had ten or more years of Ohio service credit, or   1,131        

regardless of age if caring for a qualified child, or regardless   1,132        

of age if adjudged physically or mentally incompetent.  A spouse   1,134        

of a member who died prior to August 27, 1970, whose eligibility   1,135        

was determined at the member's death, and who is physically or     1,136        

mentally incompetent on or after August 20, 1976, shall be paid    1,137        

the monthly benefit which that person would otherwise receive      1,138        

when qualified by age.                                                          

      (b)  A qualified child is any unmarried child of the         1,142        

deceased member under age eighteen, or under age twenty-two if     1,143        

the child is attending an institution of learning or training      1,144        

pursuant to a program designed to complete in each school year     1,145        

the equivalent of at least two-thirds of the full-time curriculum  1,146        

                                                          28     


                                                                 
requirements of such institution and as further determined by      1,147        

board policy, or regardless of age if adjudged physically or       1,148        

mentally incompetent at the time of the member's death.            1,149        

      (c)  A qualified parent is a dependent parent aged           1,151        

sixty-five or older or regardless of age if physically or          1,153        

mentally incompetent, a dependent parent whose eligibility was     1,154        

determined by the member's death prior to August 20, 1976, and     1,155        

who is physically or mentally incompetent on or after August 20,   1,156        

1976, shall be paid the monthly benefit for which that person      1,157        

would otherwise qualify.                                                        

      (3)  "Physically or mentally incompetent" as used in this    1,159        

section may be determined by a court of jurisdiction, or by a      1,160        

physician appointed by the retirement board.  Incapability of      1,161        

making a living because of a physically or mentally disabling      1,162        

condition shall meet the qualifications of this division.          1,163        

      (4)  Benefits to a qualified survivor shall terminate upon   1,166        

ceasing to meet eligibility requirements as provided in this       1,167        

division, a first marriage, abandonment, adoption, or during       1,169        

active military service.  Benefits to a deceased member's          1,170        

surviving spouse that were terminated under a former version of    1,171        

this section that required termination due to remarriage and were  1,172        

not resumed prior to the effective date of this amendment          1,173        

SEPTEMBER 16, 1998, shall resume on the first day of the month     1,174        

immediately following receipt by the board of an application on a  1,175        

form provided by the board.                                        1,176        

      Upon the death of any subsequent spouse who was a member of  1,179        

the public employees retirement system, state teachers retirement  1,180        

system, or school employees retirement system, the surviving       1,181        

spouse of such member may elect to continue receiving benefits     1,182        

under this division, or to receive survivor's benefits, based      1,183        

upon the subsequent spouse's membership in one or more of the      1,184        

systems, for which such surviving spouse is eligible under this    1,185        

section or section 3307.49 3307.66 or 3309.45 of the Revised       1,186        

Code.  If the surviving spouse elects to continue receiving        1,188        

                                                          29     


                                                                 
benefits under this division, such election shall not preclude     1,189        

the payment of benefits under this division to any other           1,190        

qualified survivor.                                                             

      Benefits shall begin or resume on the first day of the       1,192        

month following the attainment of eligibility and shall terminate  1,193        

on the first day of the month following loss of eligibility.       1,194        

      (5)  Benefits to a qualified spouse shall be paid in the     1,196        

amount determined for the first qualifying survivor in division    1,198        

(B)(1) of this section, but shall not be less than one hundred     1,199        

six dollars per month if the deceased member had ten or more       1,200        

years of Ohio service credit.  All other qualifying survivors      1,202        

shall share equally in the benefit or remaining portion thereof.   1,203        

      (6)  The beneficiary of a member who is also a member of     1,205        

the state teachers retirement system or of the school employees    1,206        

retirement system, must forfeit the member's accumulated           1,207        

contributions in those systems and in the public employees         1,208        

retirement system, if the beneficiary takes a survivor benefit.    1,211        

Such benefit shall be exclusively governed by section 145.37 of                 

the Revised Code.                                                  1,212        

      (C)(1)  Regardless of whether the member is survived by a    1,216        

spouse or designated beneficiary, if the public employees                       

retirement system receives notice that a deceased member           1,217        

described in division (A) or (B) of this section has one or more   1,218        

qualified children, all persons who are qualified survivors under  1,220        

division (B) of this section shall receive monthly benefits as     1,222        

provided in division (B) of this section.                          1,223        

      If, after determining the monthly benefits to be paid under  1,225        

division (B) of this section, the system receives notice that      1,226        

there is a qualified survivor who was not considered when the      1,227        

determination was made, the system shall, notwithstanding section  1,228        

145.561 of the Revised Code, recalculate the monthly benefits      1,230        

with that qualified survivor included, even if the benefits to     1,231        

qualified survivors already receiving benefits are reduced as a    1,232        

result.  The benefits shall be calculated as if the qualified      1,233        

                                                          30     


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

date the notice was received and shall be paid to qualified        1,234        

survivors effective on the first day of the first month following  1,235        

the system's receipt of the notice.                                1,236        

      If the retirement system did not receive notice that a       1,238        

deceased member has one or more qualified children prior to        1,240        

making payment under section 145.43 of the Revised Code to a       1,243        

beneficiary as determined by the retirement system, the payment    1,244        

is a full discharge and release of the system from any future      1,245        

claims under this section or section 145.43 of the Revised Code.   1,246        

      (2)  If benefits under division (C)(1) of this section to    1,249        

all persons, or to all persons other than a surviving spouse or    1,251        

other sole beneficiary, terminate, there are no children under                  

the age of twenty-two years, and the surviving spouse or           1,252        

beneficiary qualifies for benefits under division (A) of this      1,254        

section, the surviving spouse or beneficiary may elect to receive  1,255        

benefits under division (A) of this section.  The benefits shall   1,256        

be effective on the first day of the month immediately following   1,257        

the termination.                                                                

      (D)  If the survivor benefits due and paid under this        1,259        

section are in a total amount less than the member's accumulated   1,260        

account that was transferred from the public employees' savings    1,261        

fund to the survivors' benefit fund, then the difference between   1,262        

the total amount of the benefits paid shall be paid to the         1,263        

beneficiary under section 145.43 of the Revised Code.              1,264        

      Sec. 171.04.  The Ohio retirement study council shall:       1,274        

      (A)  Make an impartial review from time to time of all laws  1,276        

governing the administration and financing of the pension and      1,277        

retirement funds under Chapters 145., 146., 742., 3307., 3309.,    1,278        

and 5505. of the Revised Code and recommend to the general         1,279        

assembly any changes it may find desirable with respect to the     1,280        

allowances and benefits, sound financing of the cost of benefits,  1,281        

the prudent investment of funds, and the improvement of the        1,282        

language, structure, and organization of the laws;                 1,283        

                                                          31     


                                                                 
      (B)  Make an annual report to the governor and to the        1,285        

general assembly covering its evaluation and recommendations with  1,286        

respect to the operations of the state retirement systems and      1,287        

their funds;                                                       1,288        

      (C)  Study all changes in the retirement laws proposed to    1,290        

the general assembly and report to the general assembly on their   1,291        

probable costs, actuarial implications, and desirability as a      1,292        

matter of public policy;                                           1,293        

      (D)  REVIEW SEMIANNUALLY THE POLICIES, OBJECTIVES, AND       1,295        

CRITERIA ADOPTED UNDER SECTIONS 145.11, 742.11, 3307.15, 3309.15,  1,296        

AND 5505.06 OF THE REVISED CODE FOR THE OPERATION OF THE           1,297        

INVESTMENT PROGRAMS OF THE STATE RETIREMENT SYSTEMS, INCLUDING A   1,298        

REVIEW OF ASSET ALLOCATION TARGETS AND RANGES, RISK FACTORS,                    

ASSET CLASS BENCHMARKS, TIME HORIZONS, TOTAL RETURN OBJECTIVES,    1,299        

RELATIVE VOLATILITY, AND PERFORMANCE EVALUATION GUIDELINES.  THE                

COUNCIL SHALL, NOT LATER THAN THIRTY DAYS AFTER COMPLETING A       1,300        

REVIEW, SUBMIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY A REPORT   1,301        

SUMMARIZING ITS FINDINGS.                                          1,302        

      (E)  HAVE PREPARED BY AN INDEPENDENT ACTUARY, AT LEAST ONCE  1,304        

EVERY TEN YEARS, AN ACTUARIAL REVIEW OF THE ANNUAL ACTUARIAL       1,305        

VALUATIONS AND QUINQUENNIAL ACTUARIAL INVESTIGATIONS PREPARED      1,306        

UNDER SECTIONS 145.22, 742.14, 3307.20, 3309.21, AND 5505.12 OF    1,307        

THE REVISED CODE, INCLUDING A REVIEW OF THE ACTUARIAL ASSUMPTIONS  1,309        

AND METHODS, THE DATA UNDERLYING THE VALUATIONS AND                1,310        

INVESTIGATIONS, AND THE ADEQUACY OF EACH SYSTEM'S EMPLOYEE AND     1,311        

EMPLOYER CONTRIBUTION RATES TO AMORTIZE ITS UNFUNDED ACTUARIAL     1,313        

PENSION LIABILITY, IF ANY, AND TO SUPPORT THE PAYMENT OF BENEFITS  1,314        

AUTHORIZED BY CHAPTER 145., 742., 3307., 3309., OR 5505. OF THE    1,315        

REVISED CODE.  THE COUNCIL SHALL SUBMIT TO THE GOVERNOR AND THE    1,317        

GENERAL ASSEMBLY A REPORT SUMMARIZING THE REVIEW.                  1,318        

      Sec. 742.26.  (A)  As used in this section:                  1,328        

      (1)  "Actuarial present value" means the calculation under   1,330        

which the probability of occurrence, based on a specified          1,331        

mortality table, and the discount for future monetary growth at a  1,332        

                                                          32     


                                                                 
specified interest rate are considered by an actuary to determine  1,333        

the value of an annuity.                                           1,334        

      (2)  "Other system retirant" means a former member of the    1,336        

public employees retirement system, state teachers retirement      1,337        

system, school employees retirement system, state highway patrol   1,338        

retirement system, or Cincinnati retirement system who is          1,339        

receiving a disability benefit or an age and service or commuted   1,340        

age and service retirement benefit or allowance from a system of   1,341        

which the person is a former member.                               1,342        

      (3)  "OPFPF retirant" means any person who is receiving a    1,345        

retirement allowance, other than a disability benefit, from the    1,346        

Ohio police and fire pension fund.                                 1,347        

      (B)  The mortality table and interest rate used in           1,349        

determining actuarial present value shall be determined by the     1,350        

board of trustees of the fund based on the recommendations of an   1,351        

actuary employed by the board.                                     1,352        

      (C)(1)  An OPFPF retirant or other system retirant may be    1,355        

employed as a member of a police or fire department.  If so        1,356        

employed, the retirant shall make contributions to the fund in     1,358        

accordance with section 742.31 of the Revised Code, and the        1,359        

employer shall make contributions in accordance with sections      1,360        

742.33 and 742.34 of the Revised Code.                             1,361        

      (2)  An employer that employs An OPFPF retirant or other     1,364        

system retirant shall notify the board of trustees of the fund of  1,365        

the employment not later than the end of the month in which the    1,366        

employment commences.  On receipt of notice from an employer that  1,367        

a person who is an other system retirant has been employed, the    1,368        

fund shall notify the retirement system of which the other system  1,369        

retirant was a member of such employment.                          1,370        

      (D)  An OPFPF retirant or other system retirant who has      1,373        

received a retirement allowance or benefit for less than two       1,374        

months when employment subject to this section commences shall     1,375        

forfeit the retirement allowance or benefit for the period that    1,377        

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

                                                          33     


                                                                 
that is two months after the date on which the retirement          1,378        

allowance or benefit commenced.  Service and contributions for     1,379        

that period shall not be included in the calculation of any        1,380        

benefits payable under this section, and those contributions       1,381        

shall be refunded on the retirant's death or termination of the    1,383        

employment.                                                                     

      (E)  On receipt of notice from the public employees          1,385        

retirement system, school employees retirement system, or state    1,386        

teachers retirement system of the re-employment of an OPFPF        1,388        

retirant, the Ohio police and fire pension fund shall not pay, or  1,390        

if paid shall recover, the amount to be forfeited by the OPFPF     1,391        

retirant in accordance with section 145.38, 3307.381 3307.35, or   1,393        

3309.341 of the Revised Code.                                                   

      (F)(1)(a)  On termination of employment under this section,  1,395        

an OPFPF retirant or other system retirant shall elect one of the  1,397        

following:                                                         1,398        

      (i)  A monthly annuity the actuarial present value of which  1,400        

is equal to two times the sum of all amounts deducted from the     1,401        

salary of the OPFPF retirant or other system retirant and          1,403        

credited to the retirant's individual account in the fund,         1,404        

together with interest credited thereon at the rate determined by  1,406        

the board, provided the annuity equals or exceeds twenty-five      1,407        

dollars per month.                                                 1,408        

      (ii)  A lump-sum payment equal to two times the sum of all   1,410        

amounts deducted from the salary of the OPFPF retirant or other    1,412        

system retirant and credited to the retirant's individual account  1,414        

in the fund, together with interest credited thereon at the rate   1,415        

determined by the board.                                           1,416        

      (b)  Interest shall be credited to accounts only at the      1,418        

time of calculation of a benefit payable under division (F)(1) of  1,419        

this section.                                                      1,420        

      (2)  A benefit payable under this division shall commence    1,422        

on the first day of the month immediately after the latest of the  1,423        

following:                                                         1,424        

                                                          34     


                                                                 
      (a)  The last day for which compensation for employment      1,426        

subject to this section was paid;                                  1,427        

      (b)  Attainment by the OPFPF retirant or other system        1,430        

retirant of age sixty;                                             1,431        

      (c)  If the OPFPF retirant or other system retirant was      1,434        

previously employed under this section and is receiving or         1,435        

previously received a benefit under this division, completion of   1,436        

a period of twelve months since the last benefit paid under this   1,437        

section commenced.                                                 1,438        

      (3)  No amount received under this division shall be         1,440        

included in determining an additional benefit under section        1,441        

742.3711, 742.3716, or 742.3717 of the Revised Code or any other   1,442        

post-retirement benefit increase.                                  1,443        

      (G)(1)  If an OPFPF retirant or other system retirant dies   1,446        

while employed in employment subject to this section, a lump-sum   1,447        

payment calculated in accordance with division (F)(1)(a)(ii) of    1,448        

this section shall be paid to the retirant's surviving spouse, or  1,450        

if there is no surviving spouse, to the retirant's estate.         1,451        

      (2)  If at the time of death an OPFPF retirant or other      1,454        

system retirant receiving a monthly annuity under division         1,455        

(F)(1)(a)(i) of this section has received less than would have     1,456        

been received as a lump-sum payment under division (F)(1)(a)(ii)   1,457        

of this section, the difference between the amount received and    1,459        

the amount that would have been received as a lump-sum payment     1,462        

shall be paid to the retirant's surviving spouse, or if there is   1,463        

no surviving spouse, to the retirant's estate.                                  

      (H)  An other system retirant subject to this section is     1,465        

not a member of the Ohio police and fire pension fund, does not    1,467        

have any of the rights, privileges, or obligations of membership,  1,468        

except as specified in this section, and is not eligible to        1,469        

receive health, medical, hospital, or surgical benefits under      1,470        

section 742.45 of the Revised Code for employment subject to this  1,471        

section.                                                                        

      (I)  If any payment is made by the Ohio police and fire      1,474        

                                                          35     


                                                                 
pension fund to an OPFPF retirant or other system retirant to      1,476        

which the retirant is not entitled, the retirant shall repay it    1,478        

to the fund.  If the retirant fails to make the repayment, the     1,479        

fund shall withhold the amount due from any allowances or other    1,480        

amounts due the OPFPF retirant or other system retirant.           1,481        

      (J)  An OPFPF retirant who is employed under this section    1,485        

is not eligible to receive any benefits under section 742.37 of    1,486        

the Revised Code for the employment under this section.            1,487        

      (K)  This section does not affect the receipt of benefits    1,489        

by or eligibility for benefits of any person who on August 20,     1,490        

1976, was receiving a disability benefit or service retirement     1,491        

pension or allowance from a state or municipal retirement system   1,492        

in Ohio and was a member of any other state or municipal           1,493        

retirement system of this state.                                   1,494        

      (L)  The board of trustees of the fund may adopt rules to    1,496        

carry out this section.                                            1,497        

      Sec. 742.379.  (A)  As used in this section:                 1,506        

      (1)  "Full-time service" has the meaning established by      1,508        

rule of the board of trustees of the Ohio police and fire pension  1,510        

fund.                                                                           

      (2)  "Qualified contributions" means contributions to the    1,512        

public employees retirement system, school employees retirement    1,513        

system, or state teachers retirement system attributable to        1,514        

full-time service or purchase of credit for service in the armed   1,515        

forces of the United States.                                       1,516        

      (B)  In computing the pension and benefits payable under     1,518        

section 742.37 or 742.39 of the Revised Code, the Ohio police and  1,520        

fire pension fund shall give a member of the fund who is in the    1,521        

active service of a police or fire department and is not           1,522        

receiving a pension or benefit payment from the fund full credit   1,523        

for service credit earned for full-time service as a member of     1,524        

the Cincinnati retirement system or purchased from the retirement  1,525        

system for service in the armed forces of the United States if,    1,527        

for each year of service credit, the fund receives the sum of the  1,529        

                                                          36     


                                                                 
following:                                                                      

      (1)  An amount, which shall be paid by the member, equal to  1,531        

the amount withdrawn by the member from the retirement system      1,533        

that is attributable to the year of service credit, with interest  1,534        

on that amount from the date of withdrawal to the date of          1,536        

payment;                                                                        

      (2)  Interest, which shall be paid either by the member or   1,539        

the retirement system, on the amount withdrawn by the member from  1,540        

the retirement system that is attributable to the year of service               

from the last day of the year for which the service credit was     1,542        

earned or in which military service credit was purchased or        1,543        

obtained to the date the withdrawal was made;                      1,544        

      (3)  An amount, which shall be paid by either the member or  1,547        

the retirement system, equal to the lesser of the amount                        

contributed by the employer to the retirement system for the year  1,549        

of service or the amount that would have been contributed by the   1,550        

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      1,552        

department, with interest on that amount from the last day of the  1,553        

year for which the service credit was earned or in which military  1,554        

service was purchased or obtained to the date the payment is       1,555        

made;                                                                           

      (4)  If the member became a member of the fund on or after   1,557        

September 16, 1998, the amount, which shall be paid by the         1,560        

member, determined pursuant to division (I) of this section.       1,561        

      Interest shall be determined in accordance with division     1,563        

(H) of this section.                                               1,564        

      (C)  In computing the pension and benefits payable under     1,567        

section 742.37 or 742.39 of the Revised Code, the fund shall give  1,568        

a member of the fund who is in the active service of a police or   1,570        

fire department, is not receiving a pension or benefit payment     1,571        

from the fund, and has withdrawn the member's contributions from   1,572        

the public employees retirement system, school employees           1,573        

retirement system, or state teachers retirement system full        1,574        

                                                          37     


                                                                 
credit for service credit earned for full-time service as a        1,575        

member of the public employees retirement system, school           1,576        

employees retirement system, or state teachers retirement system   1,577        

or purchased from one of those retirement systems for service in   1,578        

the armed forces of the United States if, for each year of         1,579        

service, the fund receives the sum of the following:               1,581        

      (1)  An amount, which shall be paid by the member, equal to  1,584        

the amount withdrawn by the member from the former retirement      1,586        

system that is attributable to that year of service credit, with   1,588        

interest on that amount from the date of withdrawal to the date    1,589        

of payment;                                                                     

      (2)  Interest, which shall be transferred by the former      1,592        

retirement system, on the amount withdrawn by the member from the  1,593        

retirement system that is attributable to the year of service                   

from the last day of the year for which the service credit was     1,594        

earned or in which military service credit was purchased or        1,595        

obtained to the date the withdrawal was made;                      1,596        

      (3)  An amount, which shall be transferred by the former     1,599        

retirement system, equal to the lesser of the amount contributed   1,600        

by the employer to the retirement system for the year of service   1,601        

or the amount that would have been contributed by the employer     1,602        

for the year of service had the member been employed by the        1,603        

member's current employer as a member of a police or fire          1,604        

department, with interest on the amount transferred from the last  1,605        

day of the year for which the service credit was earned or in      1,606        

which military service credit was purchased or obtained to the     1,608        

date the transfer is made;                                                      

      (4)  If the member became a member of the fund on or after   1,611        

September 16, 1998, the amount, which shall be paid by the         1,613        

member, determined pursuant to division (I) of this section.       1,614        

      On receipt of payment from the member, the fund shall        1,616        

notify the former retirement system, and on receipt of the         1,617        

notice, the retirement system shall make the transfer.  Interest   1,618        

shall be determined in accordance with division (H) of this        1,620        

                                                          38     


                                                                 
section.                                                                        

      (D)  In computing the pension and benefits payable under     1,622        

section 742.37 or 742.39 of the Revised Code, the fund shall give  1,624        

a member of the fund who is in the active service of a police or   1,625        

fire department, is not receiving a pension or benefit from the    1,626        

fund, and has contributions on deposit with the public employees   1,627        

retirement system, school employees retirement system, or state    1,628        

teachers retirement system full credit for service credit earned   1,629        

for full-time service as a member of one of those retirement       1,630        

systems or purchased from one of the retirement systems for        1,631        

service in the armed forces of the United States if both of the    1,633        

following occur:                                                   1,634        

      (1)  The retirement system transfers to the fund, for each   1,637        

year of service, the sum of the following:                         1,638        

      (a)  An amount equal to the member's qualified               1,641        

contributions;                                                                  

      (b)  An amount equal to the lesser of the employer's         1,644        

qualified contributions to the retirement system or the amount     1,645        

that would have been contributed by the employer for the           1,646        

full-time service had the member been employed by the member's     1,647        

current employer as a member of a police or fire department;       1,648        

      (c)  Interest on the amounts specified in divisions          1,650        

(D)(1)(a) and (b) of this section from the last day of the year    1,652        

for which the service credit was earned or in which military       1,653        

service credit was purchased or obtained to the date the transfer  1,654        

is made.                                                           1,655        

      (2)  If the member became a member of the fund on or after   1,658        

September 16, 1998, the member pays the amount determined          1,660        

pursuant to division (I) of this section.                          1,661        

      On receipt of a request from the member, the appropriate     1,664        

retirement system shall make the transfer specified in division    1,665        

(D)(1) of this section.  Interest shall be determined in           1,666        

accordance with division (H) of this section.                      1,667        

      (E)  Subject to board rules, a member of the fund may        1,669        

                                                          39     


                                                                 
choose to purchase in any one payment only part of the credit the  1,670        

member is eligible to purchase under division (B) or (C)(1) of     1,672        

this section.                                                      1,673        

      (F)  At the request of the fund, the public employees        1,675        

retirement system, school employees retirement system, state       1,676        

teachers retirement system, or Cincinnati retirement system shall  1,677        

certify to the fund a copy of the records of the service and       1,679        

contributions of a member of the fund who seeks service credit     1,680        

under this section.                                                1,681        

      (G)  A member of the fund is ineligible to receive credit    1,684        

under this section for service that is used in the calculation of  1,685        

any retirement benefit currently being paid or payable in the      1,686        

future to the member, or service rendered concurrently with any    1,687        

other period for which service credit has already been granted.    1,688        

      (H)  Interest charged under this section shall be            1,691        

calculated separately for each year of service credit at the       1,692        

lesser of the actuarial assumption rate for that year of the fund  1,693        

or of the retirement system in which the credit was earned.  The   1,694        

interest shall be compounded annually.                             1,695        

      The board may, by rule, establish procedures for the         1,697        

receipt of service credit under this section.                      1,698        

      (I)  The amount to be paid pursuant to division (B)(4),      1,701        

(C)(4), or (D)(2) of this section is the sum of the following:     1,702        

      (1)  An amount equal to the difference between the amount    1,705        

the member paid as employee contributions for the service and the  1,706        

amount the member would have paid had the member been employed by  1,707        

the member's current employer as a member of a police or fire      1,708        

department;                                                                     

      (2)  An amount equal to the difference between the amount    1,711        

paid or transferred under division (B)(3), (C)(3), or (D)(1)(b)    1,712        

of this section and the amount that would have been contributed    1,713        

by the employer for the service had the member been employed by    1,714        

the member's current employer as a member of a police or fire      1,716        

department;                                                                     

                                                          40     


                                                                 
      (3)  Interest, determined in accordance with division (H)    1,719        

of this section, on the amounts specified in divisions (I)(1) and  1,721        

(2) of this section.                                                            

      At the request of a member, in lieu of requiring payment of  1,724        

all or part of the amount determined under this division the fund  1,725        

may grant the member an amount of service credit under division    1,726        

(B), (C), or (D) of this section that is less than the amount for  1,728        

which the member is eligible.  The service credit granted shall    1,729        

be the same percentage of the service credit for which the member  1,730        

is eligible that the amount the fund receives under division (B),  1,731        

(C), or (D) of this section is of the total amount it would        1,733        

receive under those divisions if the full amount determined under  1,734        

this division was paid.                                                         

      (J)(1)  Except as provided in division (J)(2) of this        1,737        

section and notwithstanding any contrary provision of this                      

section, the board shall, in computing a pension or benefit under  1,739        

section 742.37 or 742.39 of the Revised Code, give a member of     1,740        

the fund who is not receiving a pension or disability benefit      1,741        

from the fund full credit for service credit purchased under this  1,742        

section for service that was less than full-time service if the    1,743        

member provides evidence satisfactory to the board that, after     1,744        

receiving written notice from the fund indicating that the member  1,746        

would be permitted to purchase service credit for service that                  

was less than full-time, the member changed or ceased the          1,747        

member's employment with the understanding that the credit         1,748        

identified in the notice would be used in computing a pension or   1,749        

benefit.  If the board has canceled service credit purchased       1,751        

under this section for service that was less than full-time        1,752        

service and the member meets the requirements of division (J)(1)   1,753        

of this section, the board shall restore the service credit on     1,754        

repayment to the fund of the amount refunded to the member at the  1,756        

time of cancellation.                                                           

      (2)  If a member of the fund who is not receiving a pension  1,759        

or disability benefit from the fund purchased credit under this    1,760        

                                                          41     


                                                                 
section for service that was less than full-time service and does  1,761        

not meet the requirements of division (J)(1) of this section, the  1,762        

board shall refund to the member any amounts paid to purchase the  1,764        

credit, with interest at a rate determined by the board from the   1,765        

date the member purchased the credit to the date of the refund.    1,766        

      (K)  A member of the fund who has purchased service credit   1,768        

under this section, or the member's estate, is entitled to a       1,769        

refund of the amount or portion of the amount paid to purchase     1,770        

the credit if the purchased credit or portion of credit does not   1,771        

increase a pension or benefit payable under section 742.37 or      1,772        

742.39 of the Revised Code.  The refund cancels an equivalent      1,773        

amount of service credit.                                          1,774        

      (L)  If a member or former member of the fund who is not a   1,776        

current contributor and has not received a refund of accumulated   1,778        

contributions elects to receive credit under section 145.295,      1,779        

3307.412 3307.761, or 3309.351 of the Revised Code for service     1,780        

for which the member contributed to the fund or purchased credit   1,781        

for service in the armed forces of the United States, the fund     1,782        

shall transfer to the public employees retirement system, school   1,784        

employees retirement system, or state teachers retirement system   1,785        

the amount specified in division (A) of section 145.295 of the     1,786        

Revised Code, division (A) of section 3307.412 3307.761 of the     1,787        

Revised Code, or division (A) of section 3309.351 of the Revised   1,789        

Code.                                                                           

      (M)  The board shall adopt rules establishing a payroll      1,792        

deduction plan for the purchase of service credit under this       1,793        

section.  The rules shall meet the requirements described in                    

section 742.56 of the Revised Code.                                1,795        

      Sec. 742.3721.  THE BOARD OF TRUSTEES OF THE OHIO POLICE     1,797        

AND FIRE PENSION FUND MAY ESTABLISH AND MAINTAIN A QUALIFIED       1,798        

GOVERNMENTAL EXCESS BENEFIT ARRANGEMENT THAT MEETS THE                          

REQUIREMENTS OF DIVISION (m) OF SECTION 415 OF THE "INTERNAL       1,799        

REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 415, AS         1,802        

AMENDED, AND ANY REGULATIONS ADOPTED THEREUNDER.  IF ESTABLISHED,  1,803        

                                                          42     


                                                                 
THE ARRANGEMENT SHALL BE A SEPARATE PORTION OF THE FUND AND BE     1,804        

MAINTAINED SOLELY FOR THE PURPOSE OF PROVIDING TO RETIRED MEMBERS  1,805        

THAT PART OF A BENEFIT OTHERWISE PAYABLE UNDER THIS CHAPTER THAT   1,806        

EXCEEDS THE LIMITS ESTABLISHED BY SECTION 415 OF THE "INTERNAL     1,807        

REVENUE CODE OF 1986," AS AMENDED.                                              

      MEMBERS PARTICIPATING IN AN ARRANGEMENT ESTABLISHED UNDER    1,809        

THIS SECTION SHALL NOT BE PERMITTED TO ELECT TO DEFER              1,810        

COMPENSATION TO THE ARRANGEMENT.  CONTRIBUTIONS TO AND BENEFITS    1,811        

PAID UNDER AN ARRANGEMENT SHALL NOT BE PAYABLE FROM A TRUST THAT   1,812        

IS PART OF THE FUND UNLESS THE TRUST IS MAINTAINED SOLELY FOR THE  1,813        

PURPOSE OF PROVIDING SUCH BENEFITS.                                1,814        

      THE BOARD SHALL ADOPT RULES TO ADMINISTER AN ARRANGEMENT     1,816        

ESTABLISHED UNDER THIS SECTION.                                    1,817        

      Sec. 2329.66.  (A)  Every person who is domiciled in this    1,826        

state may hold property exempt from execution, garnishment,        1,827        

attachment, or sale to satisfy a judgment or order, as follows:    1,828        

      (1)(a)  In the case of a judgment or order regarding money   1,830        

owed for health care services rendered or health care supplies     1,831        

provided to the person or a dependent of the person, one parcel    1,832        

or item of real or personal property that the person or a          1,833        

dependent of the person uses as a residence.  Division (A)(1)(a)   1,834        

of this section does not preclude, affect, or invalidate the       1,835        

creation under this chapter of a judgment lien upon the exempted   1,836        

property but only delays the enforcement of the lien until the     1,837        

property is sold or otherwise transferred by the owner or in       1,838        

accordance with other applicable laws to a person or entity other  1,839        

than the surviving spouse or surviving minor children of the       1,840        

judgment debtor.  Every person who is domiciled in this state may  1,841        

hold exempt from a judgment lien created pursuant to division      1,842        

(A)(1)(a) of this section the person's interest, not to exceed     1,843        

five thousand dollars, in the exempted property.                   1,844        

      (b)  In the case of all other judgments and orders, the      1,846        

person's interest, not to exceed five thousand dollars, in one     1,847        

parcel or item of real or personal property that the person or a   1,848        

                                                          43     


                                                                 
dependent of the person uses as a residence.                       1,849        

      (2)  The person's interest, not to exceed one thousand       1,851        

dollars, in one motor vehicle;                                     1,852        

      (3)  The person's interest, not to exceed two hundred        1,854        

dollars in any particular item, in wearing apparel, beds, and      1,855        

bedding, and the person's interest, not to exceed three hundred    1,856        

dollars in each item, in one cooking unit and one refrigerator or  1,857        

other food preservation unit;                                      1,858        

      (4)(a)  The person's interest, not to exceed four hundred    1,860        

dollars, in cash on hand, money due and payable, money to become   1,861        

due within ninety days, tax refunds, and money on deposit with a   1,862        

bank, savings and loan association, credit union, public utility,  1,863        

landlord, or other person.  Division (A)(4)(a) of this section     1,864        

applies only in bankruptcy proceedings.  This exemption may        1,865        

include the portion of personal earnings that is not exempt under  1,866        

division (A)(13) of this section.                                  1,867        

      (b)  Subject to division (A)(4)(d) of this section, the      1,869        

person's interest, not to exceed two hundred dollars in any        1,870        

particular item, in household furnishings, household goods,        1,871        

appliances, books, animals, crops, musical instruments, firearms,  1,872        

and hunting and fishing equipment, that are held primarily for     1,873        

the personal, family, or household use of the person;              1,874        

      (c)  Subject to division (A)(4)(d) of this section, the      1,876        

person's interest in one or more items of jewelry, not to exceed   1,877        

four hundred dollars in one item of jewelry and not to exceed two  1,878        

hundred dollars in every other item of jewelry;                    1,879        

      (d)  Divisions (A)(4)(b) and (c) of this section do not      1,881        

include items of personal property listed in division (A)(3) of    1,882        

this section.                                                      1,883        

      If the person does not claim an exemption under division     1,885        

(A)(1) of this section, the total exemption claimed under          1,886        

division (A)(4)(b) of this section shall be added to the total     1,887        

exemption claimed under division (A)(4)(c) of this section, and    1,888        

the total shall not exceed two thousand dollars.  If the person    1,889        

                                                          44     


                                                                 
claims an exemption under division (A)(1) of this section, the     1,890        

total exemption claimed under division (A)(4)(b) of this section   1,891        

shall be added to the total exemption claimed under division       1,892        

(A)(4)(c) of this section, and the total shall not exceed one      1,893        

thousand five hundred dollars.                                     1,894        

      (5)  The person's interest, not to exceed an aggregate of    1,896        

seven hundred fifty dollars, in all implements, professional       1,897        

books, or tools of the person's profession, trade, or business,    1,898        

including agriculture;                                             1,900        

      (6)(a)  The person's interest in a beneficiary fund set      1,902        

apart, appropriated, or paid by a benevolent association or        1,903        

society, as exempted by section 2329.63 of the Revised Code;       1,904        

      (b)  The person's interest in contracts of life or           1,906        

endowment insurance or annuities, as exempted by section 3911.10   1,907        

of the Revised Code;                                               1,908        

      (c)  The person's interest in a policy of group insurance    1,910        

or the proceeds of a policy of group insurance, as exempted by     1,911        

section 3917.05 of the Revised Code;                               1,912        

      (d)  The person's interest in money, benefits, charity,      1,914        

relief, or aid to be paid, provided, or rendered by a fraternal    1,915        

benefit society, as exempted by section 3921.18 of the Revised     1,916        

Code;                                                              1,917        

      (e)  The person's interest in the portion of benefits under  1,919        

policies of sickness and accident insurance and in lump-sum        1,920        

payments for dismemberment and other losses insured under those    1,921        

policies, as exempted by section 3923.19 of the Revised Code.      1,922        

      (7)  The person's professionally prescribed or medically     1,924        

necessary health aids;                                             1,925        

      (8)  The person's interest in a burial lot, including, but   1,927        

not limited to, exemptions under section 517.09 or 1721.07 of the  1,928        

Revised Code;                                                      1,929        

      (9)  The person's interest in the following:                 1,931        

      (a)  Moneys paid or payable for living maintenance or        1,933        

rights, as exempted by section 3304.19 of the Revised Code;        1,934        

                                                          45     


                                                                 
      (b)  Workers' compensation, as exempted by section 4123.67   1,937        

of the Revised Code;                                               1,938        

      (c)  Unemployment compensation benefits, as exempted by      1,940        

section 4141.32 of the Revised Code;                               1,941        

      (d)  Cash assistance payments under the Ohio works first     1,943        

program, as exempted by section 5107.75 of the Revised Code;       1,945        

      (e)  Disability assistance payments, as exempted by section  1,947        

5115.07 of the Revised Code.                                       1,948        

      (10)(a)  Except in cases in which the person was convicted   1,950        

of or pleaded guilty to a violation of section 2921.41 of the      1,951        

Revised Code and in which an order for the withholding of          1,952        

restitution from payments was issued under division (C)(2)(b) of   1,953        

that section or in cases in which an order for withholding was     1,954        

issued under section 2907.15 of the Revised Code, and only to the  1,955        

extent provided in the order, and except as provided in sections   1,959        

3105.171, 3105.63, 3111.23, and 3113.21 of the Revised Code, the   1,961        

person's right to a pension, benefit, annuity, retirement          1,962        

allowance, or accumulated contributions, the person's right to a   1,963        

participant account in any deferred compensation program offered   1,964        

by the Ohio public employees deferred compensation board, a        1,965        

government unit, or a municipal corporation, or the person's       1,966        

other accrued or accruing rights, as exempted by section 145.56,   1,967        

145.75, 146.13, 742.47, 3307.71 3307.41, 3309.66, or 5505.22 of    1,968        

the Revised Code, and the person's right to benefits from the      1,970        

Ohio public safety officers death benefit fund;                    1,972        

      (b)  Except as provided in sections 3111.23 and 3113.21 of   1,975        

the Revised Code, the person's right to receive a payment under    1,976        

any pension, annuity, or similar plan or contract, not including   1,977        

a payment from a stock bonus or profit-sharing plan or a payment   1,978        

included in division (A)(6)(b) or (10)(a) of this section, on      1,979        

account of illness, disability, death, age, or length of service,  1,980        

to the extent reasonably necessary for the support of the person   1,981        

and any of the person's dependents, except if all the following    1,982        

apply:                                                             1,983        

                                                          46     


                                                                 
      (i)  The plan or contract was established by or under the    1,985        

auspices of an insider that employed the person at the time the    1,986        

person's rights under the plan or contract arose.                  1,987        

      (ii)  The payment is on account of age or length of          1,989        

service.                                                           1,990        

      (iii)  The plan or contract is not qualified under the       1,992        

"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as   1,993        

amended.                                                           1,994        

      (c)  Except for any portion of the assets that were          1,996        

deposited for the purpose of evading the payment of any debt and   1,997        

except as provided in sections 3111.23 and 3113.21 of the Revised  1,999        

Code, the person's right in the assets held in, or to receive any  2,001        

payment under, any individual retirement account, individual       2,002        

retirement annuity, "Roth IRA," or education individual            2,003        

retirement account that provides benefits by reason of illness,    2,005        

disability, death, or age, to the extent that the assets,          2,006        

payments, or benefits described in division (A)(10)(c) of this     2,007        

section are attributable to any of the following:                  2,008        

      (i)  Contributions of the person that were less than or      2,011        

equal to the applicable limits on deductible contributions to an   2,012        

individual retirement account or individual retirement annuity in  2,013        

the year that the contributions were made, whether or not the      2,014        

person was eligible to deduct the contributions on the person's    2,015        

federal tax return for the year in which the contributions were    2,016        

made;                                                                           

      (ii)  Contributions of the person that were less than or     2,019        

equal to the applicable limits on contributions to a Roth IRA or   2,020        

education individual retirement account in the year that the       2,021        

contributions were made;                                                        

      (iii)  Contributions of the person that are within the       2,024        

applicable limits on rollover contributions under subsections      2,025        

219, 402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3),              2,026        

408A(c)(3)(B), 408A(d)(3), and 530(d)(5) of the "Internal Revenue  2,029        

Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.          2,031        

                                                          47     


                                                                 
      (d)  Except for any portion of the assets that were          2,034        

deposited for the purpose of evading the payment of any debt and   2,035        

except as provided in sections 3111.23 and 3113.21 of the Revised  2,036        

Code, the person's right in the assets held in, or to receive any  2,037        

payment under, any Keogh or "H.R. 10" plan that provides benefits  2,038        

by reason of illness, disability, death, or age, to the extent     2,039        

reasonably necessary for the support of the person and any of the  2,040        

person's dependents.                                               2,041        

      (11)  The person's right to receive spousal support, child   2,043        

support, an allowance, or other maintenance to the extent          2,044        

reasonably necessary for the support of the person and any of the  2,045        

person's dependents;                                               2,047        

      (12)  The person's right to receive, or moneys received      2,049        

during the preceding twelve calendar months from, any of the       2,050        

following:                                                         2,051        

      (a)  An award of reparations under sections 2743.51 to       2,053        

2743.72 of the Revised Code, to the extent exempted by division    2,054        

(D) of section 2743.66 of the Revised Code;                        2,055        

      (b)  A payment on account of the wrongful death of an        2,057        

individual of whom the person was a dependent on the date of the   2,058        

individual's death, to the extent reasonably necessary for the     2,059        

support of the person and any of the person's dependents;          2,060        

      (c)  Except in cases in which the person who receives the    2,062        

payment is an inmate, as defined in section 2969.21 of the         2,063        

Revised Code, and in which the payment resulted from a civil       2,064        

action or appeal against a government entity or employee, as       2,065        

defined in section 2969.21 of the Revised Code, a payment, not to               

exceed five thousand dollars, on account of personal bodily        2,067        

injury, not including pain and suffering or compensation for       2,068        

actual pecuniary loss, of the person or an individual for whom     2,069        

the person is a dependent;                                                      

      (d)  A payment in compensation for loss of future earnings   2,071        

of the person or an individual of whom the person is or was a      2,072        

dependent, to the extent reasonably necessary for the support of   2,073        

                                                          48     


                                                                 
the debtor and any of the debtor's dependents.                     2,074        

      (13)  Except as provided in sections 3111.23 and 3113.21 of  2,077        

the Revised Code, personal earnings of the person owed to the                   

person for services in an amount equal to the greater of the       2,078        

following amounts:                                                 2,079        

      (a)  If paid weekly, thirty times the current federal        2,081        

minimum hourly wage; if paid biweekly, sixty times the current     2,082        

federal minimum hourly wage; if paid semimonthly, sixty-five       2,083        

times the current federal minimum hourly wage; or if paid          2,084        

monthly, one hundred thirty times the current federal minimum      2,085        

hourly wage that is in effect at the time the earnings are         2,086        

payable, as prescribed by the "Fair Labor Standards Act of 1938,"  2,087        

52 Stat. 1060, 29 U.S.C. 206(a)(1), as amended;                    2,088        

      (b)  Seventy-five per cent of the disposable earnings owed   2,090        

to the person.                                                     2,091        

      (14)  The person's right in specific partnership property,   2,093        

as exempted by division (B)(3) of section 1775.24 of the Revised   2,094        

Code;                                                              2,095        

      (15)  A seal and official register of a notary public, as    2,097        

exempted by section 147.04 of the Revised Code;                    2,098        

      (16)  The person's interest in a tuition credit or a         2,100        

payment under section 3334.09 of the Revised Code pursuant to a    2,101        

tuition credit contract, as exempted by section 3334.15 of the     2,102        

Revised Code;                                                                   

      (17)  Any other property that is specifically exempted from  2,104        

execution, attachment, garnishment, or sale by federal statutes    2,105        

other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11  2,106        

U.S.C.A. 101, as amended;                                          2,107        

      (18)  The person's interest, not to exceed four hundred      2,109        

dollars, in any property, except that division (A)(18) of this     2,110        

section applies only in bankruptcy proceedings.                    2,111        

      (B)  As used in this section:                                2,113        

      (1)  "Disposable earnings" means net earnings after the      2,115        

garnishee has made deductions required by law, excluding the       2,116        

                                                          49     


                                                                 
deductions ordered pursuant to section 3111.23 or 3113.21 of the   2,118        

Revised Code.                                                      2,119        

      (2)  "Insider" means:                                        2,121        

      (a)  If the person who claims an exemption is an             2,123        

individual, a relative of the individual, a relative of a general  2,124        

partner of the individual, a partnership in which the individual   2,125        

is a general partner, a general partner of the individual, or a    2,126        

corporation of which the individual is a director, officer, or in  2,127        

control;                                                           2,128        

      (b)  If the person who claims an exemption is a              2,130        

corporation, a director or officer of the corporation; a person    2,131        

in control of the corporation; a partnership in which the          2,132        

corporation is a general partner; a general partner of the         2,133        

corporation; or a relative of a general partner, director,         2,134        

officer, or person in control of the corporation;                  2,135        

      (c)  If the person who claims an exemption is a              2,137        

partnership, a general partner in the partnership; a general       2,138        

partner of the partnership; a person in control of the             2,139        

partnership; a partnership in which the partnership is a general   2,140        

partner; or a relative in, a general partner of, or a person in    2,141        

control of the partnership;                                        2,142        

      (d)  An entity or person to which or whom any of the         2,144        

following applies:                                                 2,145        

      (i)  The entity directly or indirectly owns, controls, or    2,147        

holds with power to vote, twenty per cent or more of the           2,148        

outstanding voting securities of the person who claims an          2,149        

exemption, unless the entity holds the securities in a fiduciary   2,150        

or agency capacity without sole discretionary power to vote the    2,151        

securities or holds the securities solely to secure to debt and    2,152        

the entity has not in fact exercised the power to vote.            2,153        

      (ii)  The entity is a corporation, twenty per cent or more   2,155        

of whose outstanding voting securities are directly or indirectly  2,156        

owned, controlled, or held with power to vote, by the person who   2,157        

claims an exemption or by an entity to which division              2,158        

                                                          50     


                                                                 
(B)(2)(d)(i) of this section applies.                              2,159        

      (iii)  A person whose business is operated under a lease or  2,161        

operating agreement by the person who claims an exemption, or a    2,162        

person substantially all of whose business is operated under an    2,163        

operating agreement with the person who claims an exemption.       2,164        

      (iv)  The entity operates the business or all or             2,166        

substantially all of the property of the person who claims an      2,167        

exemption under a lease or operating agreement.                    2,168        

      (e)  An insider, as otherwise defined in this section, of a  2,170        

person or entity to which division (B)(2)(d)(i), (ii), (iii), or   2,171        

(iv) of this section applies, as if the person or entity were a    2,172        

person who claims an exemption;                                    2,173        

      (f)  A managing agent of the person who claims an            2,175        

exemption.                                                         2,176        

      (3)  "Participant account" has the same meaning as in        2,178        

section 145.71 of the Revised Code.                                2,179        

      (4)  "Government unit" has the same meaning as in section    2,181        

145.74 of the Revised Code.                                        2,182        

      (C)  For purposes of this section, "interest" shall be       2,184        

determined as follows:                                             2,185        

      (1)  In bankruptcy proceedings, as of the date a petition    2,187        

is filed with the bankruptcy court commencing a case under Title   2,188        

11 of the United States Code;                                      2,189        

      (2)  In all cases other than bankruptcy proceedings, as of   2,191        

the date of an appraisal, if necessary under section 2329.68 of    2,192        

the Revised Code, or the issuance of a writ of execution.          2,193        

      An interest, as determined under division (C)(1) or (2) of   2,195        

this section, shall not include the amount of any lien otherwise   2,196        

valid pursuant to section 2329.661 of the Revised Code.            2,197        

      Sec. 3305.01.  As used in this chapter:                      2,206        

      (A)  "Public institution of higher education" means a state  2,209        

university as defined in section 3345.011 of the Revised Code,     2,210        

the medical college of Ohio at Toledo, the northeastern Ohio       2,211        

universities college of medicine, or a university branch,          2,212        

                                                          51     


                                                                 
technical college, state community college, community college, or  2,213        

municipal university established or operating under Chapter        2,214        

3345., 3349., 3355., 3357., or 3358. of the Revised Code.          2,215        

      (B)  "State retirement system" means the public employees    2,218        

retirement system created under Chapter 145. of the Revised Code,  2,219        

the state teachers retirement system created under Chapter 3307.   2,221        

of the Revised Code, or the school employees retirement system     2,223        

created under Chapter 3309. of the Revised Code.                   2,224        

      (C)  "Academic or administrative employee" means any         2,227        

full-time employee who is a member of the faculty or               2,228        

administrative staff of a public institution of higher education   2,229        

serving in a position in the unclassified civil service pursuant   2,230        

to section 124.11 of the Revised Code and is not receiving any     2,231        

benefit, allowance, or other payment from a state retirement       2,232        

system.  In all cases of doubt, the board of trustees of the       2,233        

public institution of higher education shall determine whether     2,234        

any person is an academic or administrative employee for purposes  2,236        

of this chapter, and the board's decision shall be final.          2,237        

      (D)  "Electing employee" means any academic or               2,239        

administrative employee who elects, pursuant to section 3305.05    2,240        

of the Revised Code, to participate in an alternative retirement   2,241        

plan provided pursuant to this chapter.                                         

      (E)  An electing employee is "continuously employed" if no   2,243        

more than one year intervenes between each period of employment    2,245        

by a public institution of higher education in a position for      2,246        

which three or more alternative retirement plans are available     2,247        

under this chapter.                                                             

      (F)  "Compensation," for purposes of an electing employee,   2,249        

has the same meaning as the applicable one of the following:       2,250        

      (1)  If the electing employee would be subject to Chapter    2,252        

145. of the Revised Code had the employee not made an election     2,253        

pursuant to section 3305.05 of the Revised Code, "earnable         2,255        

salary" as defined in division (R) of section 145.01 of the                     

Revised Code;                                                      2,256        

                                                          52     


                                                                 
      (2)  If the electing employee would be subject to Chapter    2,258        

3307. of the Revised Code had the employee not made an election    2,259        

pursuant to section 3305.05 of the Revised Code, "compensation"    2,261        

as defined in division (U)(L) of section 3307.01 of the Revised    2,262        

Code;                                                              2,263        

      (3)  If the electing employee would be subject to Chapter    2,265        

3309. of the Revised Code had the employee not made an election    2,266        

pursuant to section 3305.05 of the Revised Code, "compensation"    2,268        

as defined in division (V) of section 3309.01 of the Revised                    

Code.                                                              2,269        

      Sec. 3305.06.  (A)  Each electing employee shall contribute  2,278        

an amount, which shall be a certain percentage of the employee's   2,279        

compensation, to the alternative retirement plan in which the      2,280        

employee participates.  This percentage shall be the percentage    2,281        

the electing employee would have otherwise been required to        2,282        

contribute to the state retirement system that applies to the                   

employee's position, except that the percentage shall not be less  2,283        

than three per cent.  Employee contributions under this division   2,284        

may be treated as employer contributions in accordance with        2,285        

Internal Revenue Code 414(h).                                      2,286        

      (B)  Each public institution of higher education employing   2,288        

an electing employee shall contribute an amount, which shall be a  2,289        

certain percentage of the employee's compensation, to the          2,290        

alternative retirement plan the employee has elected.  This        2,291        

percentage shall be determined by the board of trustees of the     2,292        

public institution.                                                             

      (C)(1)  In no event shall the amount contributed by the      2,295        

electing employee pursuant to division (A) of this section and on  2,296        

the electing employee's behalf pursuant to division (B) of this                 

section be less than the amount necessary to qualify the plan as   2,297        

a state retirement system pursuant to Internal Revenue Code        2,298        

3121(B)(7) and the regulations adopted thereunder.                 2,299        

      (2)  The full amount of the electing employee's              2,301        

contribution under division (A) of this section and the full       2,302        

                                                          53     


                                                                 
amount of the employer's contribution made on behalf of that       2,303        

employee under division (B) of this section shall be paid to the   2,304        

entity providing the employee's alternative retirement plan for    2,305        

application to that plan in accordance with any contract the       2,306        

electing employee has entered into for purposes of that plan.  In               

no event shall any benefits be paid under that plan prior to the   2,307        

time an electing employee ceases to be continuously employed.      2,308        

      (D)  An electing employee may make voluntary deposits to     2,310        

the employee's alternative retirement plan in addition to the      2,311        

employee contribution required under division (A) of this          2,313        

section.                                                                        

      (E)  Each public institution of higher education employing   2,315        

an electing employee shall contribute on behalf of that employee   2,316        

to the state retirement system that otherwise applies to the       2,317        

electing employee's position an amount equal to six per cent of    2,318        

the electing employee's compensation to mitigate any negative      2,319        

financial impact of the alternative retirement program on the      2,321        

state retirement system; provided that on the first day of July                 

following the first year after the department of insurance         2,323        

designates an alternative retirement plan under section 3305.03    2,324        

of the Revised Code and every third year thereafter, the Ohio                   

retirement study council shall cause an independent actuarial      2,327        

study to be completed and submitted to the Ohio board of regents.  2,328        

The study shall determine any adjustments in contributions                      

necessary to reflect any change in the level of the negative       2,329        

financial impact resulting from the establishment of the           2,330        

alternative retirement program.  The amount contributed to the     2,332        

state retirement system pursuant to this division shall be                      

increased or decreased to reflect the amount needed to mitigate    2,333        

the negative financial impact, if any, on the system, as           2,334        

determined by each actuarial study.  Any increase or decrease in   2,335        

contributions shall become effective on the first day of July in   2,336        

the year in which the actuarial study is completed.                2,337        

Contributions on behalf of an electing employee shall continue in  2,338        

                                                          54     


                                                                 
accordance with this division until the occurrence of the          2,339        

following:                                                                      

      (1)  If the electing employee would be subject to Chapter    2,341        

145. of the Revised Code had the employee not made an election     2,342        

pursuant to section 3305.05 of the Revised Code, until the         2,344        

unfunded actuarial accrued liability for all benefits, except      2,346        

health care benefits provided under section 145.325 or 145.58 of   2,347        

the Revised Code, is fully amortized, as determined by the annual  2,348        

actuarial valuation prepared under section 145.22 of the Revised   2,349        

Code;                                                                           

      (2)  If the electing employee would be subject to Chapter    2,351        

3307. of the Revised Code had the employee not made an election    2,352        

pursuant to section 3305.05 of the Revised Code, until the         2,353        

unfunded actuarial accrued liability for all benefits, except      2,354        

health care benefits provided under section 3307.405 3307.39 or    2,355        

3307.74 3307.61 of the Revised Code, is fully amortized, as        2,357        

determined by the annual actuarial valuation prepared under                     

section 3307.20 3307.51 of the Revised Code;                       2,358        

      (3)  If the electing employee would be subject to Chapter    2,360        

3309. of the Revised Code had the employee not made an election    2,361        

pursuant to section 3305.05 of the Revised Code, until the         2,362        

unfunded actuarial accrued liability for all benefits, except      2,363        

health care benefits provided under section 3309.375 or 3309.69    2,364        

of the Revised Code, is fully amortized, as determined by the      2,365        

annual actuarial valuation prepared under section 3309.21 of the   2,366        

Revised Code.                                                                   

      Sec. 3307.01.  As used in this chapter:                      2,375        

      (A)  "Employer" means the board of education, school         2,377        

district, governing authority of any community school established  2,378        

under Chapter 3314. of the Revised Code, college, university,      2,379        

institution, or other agency within the state by which a teacher   2,381        

is employed and paid.                                                           

      (B)  "Teacher" means any ALL OF THE FOLLOWING:               2,383        

      (1)  ANY person paid from public funds and employed in the   2,386        

                                                          55     


                                                                 
public schools of the state under any type of contract described   2,387        

in section 3319.08 of the Revised Code in a position for which     2,388        

the person is required to have a license issued pursuant to        2,390        

sections 3319.22 to 3319.31 of the Revised Code; any                            

      (2)  ANY person employed as a teacher by a community school  2,393        

pursuant to Chapter 3314. of the Revised Code; and any             2,395        

      (3)  ANY PERSON HOLDING AN INTERNSHIP CERTIFICATE ISSUED     2,398        

UNDER SECTION 3319.28 OF THE REVISED CODE AND EMPLOYED IN A        2,400        

PUBLIC SCHOOL IN THIS STATE;                                                    

      (4)  ANY PERSON HAVING A LICENSE ISSUED PURSUANT TO          2,403        

SECTIONS 3319.22 TO 3319.31 OF THE REVISED CODE AND EMPLOYED IN A  2,404        

PUBLIC SCHOOL IN THIS STATE IN AN EDUCATIONAL POSITION, AS         2,406        

DETERMINED BY THE STATE BOARD OF EDUCATION, UNDER PROGRAMS                      

PROVIDED FOR BY FEDERAL ACTS OR REGULATIONS AND FINANCED IN WHOLE  2,407        

OR IN PART FROM FEDERAL FUNDS, BUT FOR WHICH NO LICENSURE          2,408        

REQUIREMENTS FOR THE POSITION CAN BE MADE UNDER THE PROVISIONS OF  2,409        

SUCH FEDERAL ACTS OR REGULATIONS;                                               

      (5)  ANY other teacher or faculty member employed in any     2,411        

school, college, university, institution, or other agency wholly   2,413        

controlled and managed, and supported in whole or in part, by the  2,414        

state or any political subdivision thereof, including Central      2,415        

state university, Cleveland state university, the university of    2,416        

Toledo, and the medical college of Ohio at Toledo.;                2,417        

      (6)  The educational employees of the department of          2,420        

education, as determined by the state superintendent of public     2,421        

instruction, shall be considered teachers for the purpose of       2,422        

membership in this system.  In                                     2,423        

      IN all cases of doubt, the state teachers retirement board   2,426        

shall determine whether any person is a teacher, and its decision  2,427        

shall be final.                                                                 

      "Teacher" does not include any academic or administrative    2,429        

employee of a public institution of higher education, as defined   2,430        

in section 3305.01 of the Revised Code, who participates in an     2,431        

alternative retirement plan established under Chapter 3305. of     2,432        

                                                          56     


                                                                 
the Revised Code.                                                               

      (C)  "Prior service" means all service as a teacher before   2,434        

September 1, 1920, military service credit, all service prior to   2,435        

September 1, 1920, as an employee of any employer who comes        2,436        

within the public employees retirement system, the school          2,437        

employees retirement system, or any other state retirement system  2,438        

established under the laws of Ohio, and similar service in         2,439        

another state, credit for which was procured by a member under     2,440        

section 3307.33 of the Revised Code, prior to June 25, 1945.       2,441        

Prior service credit shall not be granted to any member for        2,442        

service for which credit or benefits have been received in any     2,443        

other state retirement system in Ohio or for credit that was       2,444        

forfeited by withdrawal of contributions, unless the credit has    2,445        

been restored.  If the teacher served as an employee in any two    2,446        

or all of the capacities, "prior service" means the total          2,447        

combined service in the capacities prior to September 1, 1920.     2,448        

      If a teacher who has been granted prior service credit for   2,450        

service rendered prior to September 1, 1920, as an employee of an  2,451        

employer who comes within the public employees retirement system   2,452        

or the school employees retirement system, establishes,            2,453        

subsequent to September 16, 1957, and before retirement, three     2,454        

years of contributing service in the public employees retirement   2,455        

system, or one year in the school employees retirement system,     2,456        

the prior service credit granted shall become, at retirement, the  2,458        

liability of the other system if the prior service or employment   2,460        

was in a capacity covered by that system.                                       

      (D)  "Total service," "total service credit," except as      2,462        

provided in section 3307.41 of the Revised Code, or "Ohio service  2,463        

credit" means all service of a member of the state teachers        2,464        

retirement system since last becoming a member and, in addition    2,465        

thereto, restored service credit under section 3307.28 of the      2,466        

Revised Code, all prior service credit, all military service       2,468        

credit computed as provided in this chapter, and all other         2,469        

service credit established under sections 3307.22, 3307.31,        2,470        

                                                          57     


                                                                 
3307.311, 3307.32, 3307.35, 3307.411, 3307.412, 3307.51,           2,472        

3307.512, 3307.513, 3307.514, 3307.515, and 3307.73 and former     2,474        

section 3307.52 of the Revised Code, and Section 3 of Amended      2,475        

Substitute Senate Bill No. 530 of the 114th general assembly.      2,476        

All service credit purchased under section 3307.33 of the Revised  2,477        

Code shall be used exclusively for the purpose of qualifying for   2,478        

service retirement.                                                2,479        

      (E)  "Member" means any person included in the membership    2,481        

of the state teachers retirement system, which shall consist of    2,482        

all teachers and contributors as defined in divisions (B) and      2,484        

(F)(D) of this section and all disability benefit recipients, AS   2,485        

DEFINED IN SECTION 3307.50 OF THE REVISED CODE.  However, for      2,487        

purposes of this chapter, the following persons shall not be                    

considered members:                                                2,488        

      (1)  A student, intern, or resident who is not a member      2,490        

while employed part-time by a school, college, or university at    2,492        

which the student, intern, or resident is regularly attending      2,493        

classes;                                                                        

      (2)  A person denied membership pursuant to section 3307.27  2,495        

3307.24 of the Revised Code;                                       2,497        

      (3)  A superannuate or AN other system retirant, as defined  2,500        

in section 3307.381 3307.35 of the Revised Code, OR A              2,501        

SUPERANNUATE;                                                      2,502        

      (4)  An individual employed in a program established         2,504        

pursuant to the "Job Training Partnership Act," 96 Stat. 1322      2,505        

(1982), 29 U.S.C.A. 1501.                                          2,506        

      (F)(D)  "Contributor" means any person who has an account    2,508        

in the teachers' savings fund OR DEFINED CONTRIBUTION FUND.        2,509        

      (G)(E)  "Beneficiary" means any person eligible to receive,  2,511        

or in receipt of, a retirement allowance or other benefit          2,513        

provided by this chapter.                                          2,514        

      (H)(1)  "Service retirement" means retirement as provided    2,516        

in section 3307.38 or 3307.39 of the Revised Code.                 2,517        

      (2)  "Disability retirement" means retirement as provided    2,519        

                                                          58     


                                                                 
in section 3307.43 of the Revised Code.                            2,520        

      (I)  "Accumulated contributions" means the sum of all        2,522        

amounts credited to a contributor's individual account in the      2,523        

teachers' savings fund, together with interest credited thereon    2,524        

at the rates approved by the state teachers retirement board       2,525        

prior to retirement.                                               2,526        

      (J)  "Annuity" means payments for life derived from          2,528        

contributions made by a contributor and paid from the annuity and  2,529        

pension reserve fund.  All annuities shall be paid in twelve       2,530        

equal monthly installments.                                        2,531        

      (K)  "Pensions" means annual payments for life derived from  2,533        

appropriations made by an employer and paid from the annuity and   2,534        

pension reserve fund.  All pensions shall be paid in twelve equal  2,535        

monthly installments.                                              2,536        

      (L)(1)  "Allowance" or "benefit" means the pension plus the  2,538        

annuity, or any other payment under this chapter, and includes a   2,539        

disability allowance or disability benefit.                        2,540        

      (2)  "Disability allowance" means an allowance paid on       2,542        

account of disability under section 3307.431 of the Revised Code.  2,543        

      (3)  "Disability benefit" means a benefit paid as            2,545        

disability retirement under section 3307.43 of the Revised Code,   2,546        

as a disability allowance under section 3307.431 of the Revised    2,547        

Code, or as a disability benefit under section 3307.41 of the      2,548        

Revised Code.                                                      2,549        

      (M)  "Annuity reserve" means the present value, computed     2,551        

upon the basis of mortality tables adopted by the state teachers   2,552        

retirement board with interest, of all payments to be made on      2,553        

account of any annuity, or benefit in lieu of any annuity,         2,554        

granted to a member.                                               2,555        

      (N)  "Pension reserve" means the present value, computed     2,557        

upon the basis of mortality tables adopted by the state teachers   2,558        

retirement board with interest, of all payments to be made on      2,559        

account of any pension, or benefit in lieu of any pension,         2,560        

granted to a member or to a beneficiary.                           2,561        

                                                          59     


                                                                 
      (O)(F)  "Year" means the year beginning the first day of     2,563        

July and ending with the thirtieth day of June next following,     2,564        

except that for the purpose of determining final average salary    2,565        

UNDER THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE     2,566        

REVISED CODE, "year" may mean the contract year.                   2,568        

      (P)(G)  "Local district pension system" means any school     2,570        

teachers pension fund created in any school district of the state  2,571        

in accordance with the laws of the state prior to September 1,     2,572        

1920.                                                              2,573        

      (Q)(H)  "Employer contribution" means the amount paid by an  2,575        

employer, as determined by the employer rate, including the        2,576        

normal and deficiency rates, contributions, and funds wherever     2,577        

used in this chapter.                                              2,578        

      (R)(I)  "Five years of service credit," for the exclusive    2,581        

purpose of satisfying the service credit requirements and          2,582        

determining eligibility for benefits under section 3307.38 of the  2,583        

Revised Code, means employment covered under this chapter and      2,584        

employment covered under a former retirement plan operated,        2,585        

recognized, or endorsed by a college, institute, university, or    2,586        

political subdivision of this state prior to coverage under this   2,587        

chapter.                                                           2,588        

      (S)(J)  "Actuary" means the actuarial consultant to the      2,590        

state teachers retirement board, who shall be either of the        2,591        

following:                                                                      

      (1)  A member of the American academy of actuaries;          2,593        

      (2)  A firm, partnership, or corporation of which at least   2,595        

one person is a member of the American academy of actuaries.       2,596        

      (T)(K)  "Fiduciary" means a person who does any of the       2,598        

following:                                                         2,599        

      (1)  Exercises any discretionary authority or control with   2,601        

respect to the management of the system, or with respect to the    2,602        

management or disposition of its assets;                           2,603        

      (2)  Renders investment advice for a fee, direct or          2,605        

indirect, with respect to money or property of the system;         2,606        

                                                          60     


                                                                 
      (3)  Has any discretionary authority or responsibility in    2,608        

the administration of the system.                                  2,609        

      (U)(L)(1)  Except as otherwise provided in this division,    2,612        

"compensation" means all salary, wages, and other earnings paid    2,613        

to a teacher by reason of the teacher's employment, including      2,614        

compensation paid pursuant to a supplemental contract.  The        2,615        

salary, wages, and other earnings shall be determined prior to     2,616        

determination of the amount required to be contributed to the      2,617        

teachers' savings fund OR DEFINED CONTRIBUTION FUND under section  2,618        

3307.51 3307.26 of the Revised Code and without regard to whether  2,621        

any of the salary, wages, or other earnings are treated as         2,622        

deferred income for federal income tax purposes.                                

      (2)  Compensation does not include any of the following:     2,624        

      (a)  Payments for accrued but unused sick leave or personal  2,626        

leave, including payments made under a plan established pursuant   2,627        

to section 124.39 of the Revised Code or any other plan            2,628        

established by the employer;                                       2,629        

      (b)  Payments made for accrued but unused vacation leave,    2,631        

including payments made pursuant to section 124.13 of the Revised  2,632        

Code or a plan established by the employer;                        2,633        

      (c)  Payments made for vacation pay covering concurrent      2,635        

periods for which other salary, compensation, or benefits under    2,636        

this chapter are paid;                                             2,637        

      (d)  Amounts paid by the employer to provide life            2,639        

insurance, sickness, accident, endowment, health, medical,         2,640        

hospital, dental, or surgical coverage, or other insurance for     2,641        

the teacher or the teacher's family, or amounts paid by the        2,642        

employer to the teacher in lieu of providing the insurance;        2,643        

      (e)  Incidental benefits, including lodging, food, laundry,  2,645        

parking, or services furnished by the employer, use of the         2,646        

employer's property or equipment, and reimbursement for            2,647        

job-related expenses authorized by the employer, including moving  2,648        

and travel expenses and expenses related to professional           2,649        

development;                                                       2,650        

                                                          61     


                                                                 
      (f)  Payments made by the employer in exchange for a         2,652        

member's waiver of a right to receive any payment, amount, or      2,653        

benefit described in division (U)(L)(2) of this section;           2,654        

      (g)  Payments by the employer for services not actually      2,656        

rendered;                                                          2,657        

      (h)  Any amount paid by the employer as a retroactive        2,659        

increase in salary, wages, or other earnings, unless the increase  2,660        

is one of the following:                                           2,661        

      (i)  A retroactive increase paid to a member employed by a   2,663        

school district board of education in a position that requires a   2,664        

license designated for teaching and not designated for being an    2,665        

administrator issued under section 3319.22 of the Revised Code     2,666        

that is paid in accordance with uniform criteria applicable to     2,667        

all members employed by the board in positions requiring the       2,668        

licenses;                                                          2,669        

      (ii)  A retroactive increase paid to a member employed by a  2,671        

school district board of education in a position that requires a   2,672        

license designated for being an administrator issued under         2,673        

section 3319.22 of the Revised Code that is paid in accordance     2,674        

with uniform criteria applicable to all members employed by the    2,675        

board in positions requiring the licenses;                         2,676        

      (iii)  A retroactive increase paid to a member employed by   2,678        

a school district board of education as a superintendent that is   2,679        

also paid as described in division (U)(L)(2)(h)(i) of this         2,680        

section;                                                           2,681        

      (iv)  A retroactive increase paid to a member employed by    2,683        

an employer other than a school district board of education in     2,684        

accordance with uniform criteria applicable to all members         2,685        

employed by the employer.                                          2,686        

      (i)  Payments made to or on behalf of a teacher that are in  2,688        

excess of the annual compensation that may be taken into account   2,689        

by the retirement system under division (a)(17) of section 401 of  2,690        

the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.   2,691        

401(a)(17), as amended.  For a teacher who first establishes       2,692        

                                                          62     


                                                                 
membership before July 1, 1996, the annual compensation that may   2,693        

be taken into account by the retirement system shall be            2,694        

determined under division (d)(3) of section 13212 of the "Omnibus  2,695        

Budget Reconciliation Act of 1993," Pub. L. No. 103-66, 107 Stat.  2,697        

472.                                                                            

      (j)  Payments made under division (B) or (D) of section      2,699        

5923.05 of the Revised Code or Section 4 of Substitute Senate      2,701        

Bill No. 3 of the 119th general assembly;                          2,702        

      (k)  Anything of value received by the teacher that is       2,704        

based on or attributable to retirement or an agreement to retire.  2,705        

      (3)  The retirement board shall determine by rule both of    2,707        

the following:                                                     2,708        

      (a)  Whether particular forms of earnings are included in    2,710        

any of the categories enumerated in this division;                 2,711        

      (b)  Whether any form of earnings not enumerated in this     2,713        

division is to be included in compensation.                        2,714        

      Decisions of the board made under this division shall be     2,716        

final.                                                             2,717        

      (V)  "Retirant" means any former member who is granted age   2,719        

and service retirement as provided in sections 3307.38, 3307.39,   2,720        

3307.41, and 3307.50 of the Revised Code.                          2,721        

      (W)  "Disability benefit recipient" means a member who is    2,723        

receiving a disability benefit.                                    2,724        

      (M)  "SUPERANNUATE" MEANS BOTH OF THE FOLLOWING:             2,726        

      (1)  A FORMER TEACHER RECEIVING FROM THE SYSTEM A            2,728        

RETIREMENT ALLOWANCE UNDER SECTION 3307.58 OR 3307.59 OF THE       2,729        

REVISED CODE;                                                      2,730        

      (2)  A FORMER TEACHER RECEIVING ANY BENEFIT FROM THE SYSTEM  2,732        

UNDER A PLAN ESTABLISHED UNDER SECTION 3307.81 OF THE REVISED      2,734        

CODE.                                                                           

      FOR PURPOSES OF SECTION 3307.35 OF THE REVISED CODE,         2,736        

"SUPERANNUATE" ALSO MEANS A FORMER TEACHER RECEIVING FROM THE      2,737        

SYSTEM A COMBINED SERVICE RETIREMENT BENEFIT PAID IN ACCORDANCE    2,738        

WITH SECTION 3307.57 OF THE REVISED CODE, REGARDLESS OF WHICH      2,739        

                                                          63     


                                                                 
RETIREMENT SYSTEM IS PAYING THE BENEFIT.                           2,740        

      Sec. 3307.031.  THE STATE TEACHERS RETIREMENT SYSTEM SHALL   2,743        

CONSIST OF THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 AND   2,744        

THE ONE OR MORE PLANS ESTABLISHED UNDER SECTION 3307.81 OF THE     2,747        

REVISED CODE.                                                                   

      Sec. 3307.05.  The state teachers retirement board shall     2,756        

consist of the following nine members:                             2,757        

      (A)  The superintendent of public instruction;               2,759        

      (B)  The auditor of state;                                   2,761        

      (C)  The attorney general;                                   2,763        

      (D)  Five members, known as teacher members, who shall be    2,765        

members of the state teachers retirement system;                   2,766        

      (E)  A former member of the system, known as the retired     2,768        

teacher member, who shall be a recipient of service retirement     2,769        

benefits under section 3307.38 or 3307.39 of the Revised Code      2,770        

SUPERANNUATE.                                                                   

      Sec. 3307.07.  All elections of members of the state         2,779        

teachers retirement board shall be held under the direction of     2,780        

the board.  Any member of the state teachers retirement system,    2,781        

who has been nominated by a petition signed by five hundred or     2,782        

more members of the system, shall be eligible for election as a    2,783        

teacher member of the board.  The petition shall contain the       2,784        

signatures of twenty or more members of the system from each of    2,785        

at least ten counties wherein members of the system are employed.  2,786        

      Any retired teacher who is a recipient of service            2,788        

retirement benefits under section 3307.38 or 3307.39 of the        2,789        

Revised Code SUPERANNUATE and is a resident of Ohio is eligible    2,791        

for election as the retired teacher member of the board, if such   2,792        

retired teacher has been nominated by a petition signed by five    2,793        

hundred or more retired teachers, who are also recipients of       2,794        

benefits under section 3307.38 or 3307.39 of the Revised Code      2,795        

SUPERANNUATES.  The petition shall contain the signatures of       2,797        

twenty or more retired teachers from each of at least ten          2,798        

counties wherein retirants SUPERANNUATES under the system reside.  2,800        

                                                          64     


                                                                 
      The board shall place the name of any eligible candidate     2,802        

upon the appropriate ballot as a regular candidate.  At any        2,803        

election, qualified voters, as defined in this section, may vote   2,804        

for the regular candidates or for other eligible candidates, in    2,805        

which case the names of such persons shall be written upon the     2,806        

appropriate ballots, except that members of the system and former  2,807        

members of the system who are recipients of service retirement     2,808        

benefits under section 3307.38 or 3307.39 of the Revised Code      2,809        

SUPERANNUATES shall vote respectively for teacher members and the  2,811        

retired teacher member of the board.  The candidate who receives   2,812        

the highest number of votes for any term of office shall be        2,813        

elected to the board.  If, at any election, teacher members are    2,814        

to be elected for concurrent terms, eligible candidates shall be   2,815        

placed on the ballot, and the candidates who receive the highest   2,816        

numbers of votes shall be elected to the board.                    2,817        

      Elected members of the board shall be elected on the basis   2,819        

of the total number of ballots cast by qualified voters, who       2,820        

shall consist of members of the system and former members of the   2,821        

system who are recipients of service retirement benefits under     2,822        

section 3307.38 or 3307.39 of the Revised Code SUPERANNUATES.      2,823        

      Sec. 3307.08.  Each member of the state teachers retirement  2,832        

board upon appointment or election shall take an oath of office    2,833        

that he THE MEMBER will support the constitution of the United     2,835        

States, the constitution of the state, and that he THE MEMBER      2,836        

will diligently and honestly administer the affairs of the said    2,837        

board, and that he THE MEMBER will not knowingly violate or        2,839        

willfully permit to be violated any law applicable to sections     2,841        

3307.01 to 3307.72, inclusive, of the Revised Code THIS CHAPTER.   2,842        

Such oath shall be subscribed to by the member making it, and      2,843        

certified by the officer before whom it is taken, and shall be     2,844        

immediately filed in the office of the secretary of state.         2,845        

      Sec. 3307.09.  A majority of the members of the state        2,854        

teachers retirement board constitutes a quorum for the             2,855        

transaction of any business.  All meetings of the board shall be   2,856        

                                                          65     


                                                                 
open to the public except executive sessions as set forth in       2,857        

division (G) of section 121.22 of the Revised Code, and any                     

portions of any sessions discussing medical records or the degree  2,858        

of disability of a member excluded from public inspection by       2,859        

section 3307.21 3307.20 of the Revised Code.                       2,860        

      Sec. 3307.10.  (A)  The members of the state teachers        2,869        

retirement board shall serve without compensation, except that     2,870        

members shall be reimbursed from the expense fund for all actual   2,871        

necessary expenses incurred while serving on the board.            2,872        

      (B)  The board may secure insurance coverage designed to     2,874        

indemnify board members and employees for their actions or         2,875        

conduct in the performance of official duties, and may pay         2,876        

required premiums for such coverage from the expense fund.         2,877        

      (C)  If the officers of the board determine that a meeting   2,879        

of the entire membership, or any part thereof, is necessary, such  2,880        

determination shall be final, and teacher members shall be given   2,881        

time off from their employment to attend any such meeting.  The    2,882        

employer of a teacher member shall not reduce the member's earned  2,883        

compensation as a teacher or any contribution required under       2,884        

section 3307.51 3307.26 of the Revised Code, because of the        2,885        

teacher member's absence from employment to attend any such        2,886        

meeting.                                                                        

      The portion of the employer contribution required under      2,888        

section 3307.53 3307.28 of the Revised Code that represents        2,890        

earned compensation of a teacher member paid for the period of an  2,891        

absence from employment to attend a board meeting, shall be                     

annually transferred from the expense fund and forwarded to the    2,892        

employer of the teacher member.                                    2,893        

      (D)  The board shall adopt rules in accordance with section  2,896        

111.15 of the Revised Code establishing a policy for               2,898        

reimbursement of travel expenses incurred by board members in the  2,900        

performance of their official duties.  As part of any audit                     

performed under Chapter 117. of the Revised Code, an inquiry       2,903        

shall be made into whether board members have complied with these  2,904        

                                                          66     


                                                                 
rules.                                                                          

      (E)  No board member shall accept payment or reimbursement   2,907        

for travel expenses, other than for meals and other food and       2,908        

beverages provided to the member, from any source other than the   2,909        

expense fund.  Except in the case of an emergency, no              2,910        

out-of-state travel expenses shall be reimbursed unless approved   2,911        

in advance by a majority of the board at a regular board meeting.  2,912        

      Sec. 3307.11.  The state teachers retirement board shall     2,921        

elect from its membership, a chairman CHAIRPERSON and a vice       2,922        

chairman VICE-CHAIRPERSON.  The board shall employ an executive    2,924        

director who shall serve as secretary, and shall employ other      2,925        

persons necessary to operate the system and to fulfill the         2,926        

board's duties and responsibilities under Chapter 3307. of the     2,927        

Revised Code.  The compensation of all employees and all other     2,928        

expenses of the board necessary for the proper operation of the    2,929        

system shall be paid in such amounts as the board approves.        2,930        

      Every expense voucher of an employee, officer, or board      2,932        

member of the state teachers retirement system shall itemize all   2,933        

purchases and expenditures.                                        2,934        

      The board shall receive all applications for retirement      2,936        

UNDER THE PLANS DESCRIBED IN SECTION 3307.031 OF THE REVISED       2,937        

CODE, shall provide for the payment of all retirement allowances   2,938        

and other benefits PAYABLE UNDER THIS CHAPTER, and shall make      2,939        

other EXPENDITURES authorized by Chapter 3307. of the Revised      2,940        

Code THIS CHAPTER.                                                 2,941        

      Sec. 3307.121.  THE TREASURER OF STATE SHALL FURNISH         2,943        

ANNUALLY TO THE STATE TEACHERS RETIREMENT BOARD A SWORN STATEMENT  2,944        

OF THE AMOUNT OF THE FUNDS IN THE TREASURER OF STATE'S CUSTODY     2,945        

BELONGING TO THE STATE TEACHERS RETIREMENT SYSTEM.                 2,946        

      Sec. 3307.65 3307.14.  The state teachers retirement board   2,955        

shall be the trustee of certain funds hereby created as follows:   2,956        

      (A)  The "teachers' savings fund" is the fund in which       2,958        

shall be accumulated the contributions deducted from the           2,959        

compensation of teachers and faculty members PARTICIPATING IN THE  2,960        

                                                          67     


                                                                 
PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED       2,961        

CODE, as provided by section 3307.51 3307.26 of the Revised Code,  2,962        

together with the interest credited thereon.  Such accumulated     2,964        

contributions refunded upon withdrawal, or payable to an estate    2,965        

or beneficiary as provided in this chapter, shall be paid from     2,966        

this fund.  Any accumulated contributions forfeited by the         2,967        

failure of a contributor, an estate, or a beneficiary to claim     2,968        

the same shall be transferred from this fund to the guarantee      2,969        

fund.  The accumulated contributions of a member or of a teacher   2,970        

who qualifies for a benefit under section 3307.381 3307.35 of the  2,971        

Revised Code shall be transferred at his THE MEMBER'S OR           2,973        

TEACHER'S retirement from the teachers' savings fund to the        2,975        

annuity and pension reserve fund.  The accumulated contributions   2,976        

of a member who dies prior to superannuation retirement that are   2,977        

forfeited by the qualified beneficiary in exchange for monthly     2,978        

survivor benefits, as provided by section 3307.49 3307.66 of the   2,979        

Revised Code, shall be transferred to the survivors' benefit       2,981        

fund.  The accumulated contributions of a superannuate or other    2,982        

system retirant as defined in section 3307.381 3307.35 of the      2,983        

Revised Code shall be transferred to the survivors' benefit fund   2,985        

for payment of a lump-sum benefit to a beneficiary as provided in  2,986        

THAT section 3307.381 of the Revised Code.  AS USED IN THIS        2,987        

DIVISION, "ACCUMULATED CONTRIBUTIONS" HAS THE SAME MEANING AS IN   2,988        

SECTION 3307.50 OF THE REVISED CODE.                                            

      (B)  The "employers' trust fund" is the fund to which the    2,990        

employer contribution MADE ON BEHALF OF A TEACHER PARTICIPATING    2,991        

IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE        2,992        

REVISED CODE shall be credited and in which shall be accumulated   2,994        

the reserves held in trust for the payment of all pensions or      2,995        

other benefits provided by sections 3307.38 3307.35, 3307.381      2,997        

3307.58, 3307.39 3307.59, 3307.43 3307.60, 3307.431 3307.63,       2,998        

3307.49 3307.631, 3307.50 3307.66, 3307.70 3307.6912, and 3307.78  3,001        

3307.98 of the Revised Code, to teachers retiring or receiving     3,003        

disability benefits in the future or to their qualified                         

                                                          68     


                                                                 
beneficiaries, and from which the reserves for such pensions and   3,004        

other benefits shall be transferred to the annuity and pension     3,005        

reserve fund and to the survivors' benefit fund.  The balances as  3,006        

of August 31, 1957, in the employers accumulation fund shall be    3,007        

transferred to this fund.  As of September 1, 1957, an additional  3,008        

amount shall be transferred from the employers' trust fund to the  3,009        

annuity and pension reserve fund in the amount required to         3,010        

complete the funding of the prior service, AS DEFINED IN SECTION   3,011        

3307.50 OF THE REVISED CODE, and military service pensions then    3,013        

payable.                                                                        

      (C)  The "annuity and pension reserve fund" is the fund      3,015        

from which shall be paid all annuities, pensions, and disability   3,016        

benefits UNDER THE PLAN DESCRIBED IN SECTION 3307.50 TO 3307.79    3,017        

OF THE REVISED CODE for which reserves have been transferred from  3,018        

the teachers' savings fund and the employers' trust fund.          3,019        

      (D)  The "survivors' benefit fund" is the fund from which    3,021        

shall be paid the survivors' benefits provided by section 3307.49  3,022        

3307.66 of the Revised Code and the lump sum payment to            3,024        

beneficiaries as provided in section 3307.381 3307.35 of the       3,025        

Revised Code, and to which shall be transferred from the           3,027        

employers' trust fund the amount required to fund all liabilities  3,028        

as of the end of each year.                                                     

      (E)  The "guarantee fund" is the fund from which interest    3,030        

is transferred and credited on the amounts in the funds described  3,031        

in divisions (A), (B), (C), and (D) of this section, and is a      3,032        

contingent fund from which the special requirements of said funds  3,033        

may be paid by transfer from this fund.  All income derived from   3,034        

the investment of funds by the state teachers retirement board as  3,035        

trustee under section 3307.15 of the Revised Code, together with   3,036        

all gifts and bequests, or the income therefrom, shall be paid     3,037        

into this fund.                                                    3,038        

      Any deficit occurring in any other fund that will not be     3,040        

covered by payments to that fund, as otherwise provided in this    3,041        

chapter, shall be paid by transfers of amounts from the guarantee  3,042        

                                                          69     


                                                                 
fund to such fund or funds.  Should the amount in the guarantee    3,043        

fund be insufficient at any time to meet the amounts payable       3,044        

therefrom, the amount of such deficiency, with regular interest,   3,045        

shall be paid by an additional employer rate of contribution as    3,046        

determined by the actuary and shall be approved by the state       3,047        

teachers retirement board, and the amount of such additional       3,048        

employer contribution shall be credited to the guarantee fund.     3,049        

      The state teachers retirement board may accept gifts and     3,051        

bequests.  Any funds that may come into the possession of the      3,052        

state teachers retirement board in this manner or that may be      3,053        

transferred from the teachers' savings fund by reason of lack of   3,054        

a claimant, or any surplus in any fund created by IN DIVISIONS     3,056        

(A) TO (F) OF this section, or any other funds whose disposition   3,057        

is not otherwise provided for, shall be credited to the guarantee  3,058        

fund.                                                                           

      (F)  The expense fund is the fund from which shall be paid   3,060        

the expenses for the administration and management of the state    3,061        

teachers retirement system as provided by this chapter.            3,062        

      (G)  THE "DEFINED CONTRIBUTION FUND" IS THE FUND IN WHICH    3,064        

SHALL BE ACCUMULATED THE CONTRIBUTIONS DEDUCTED FROM THE           3,065        

COMPENSATION OF TEACHERS PARTICIPATING IN A PLAN ESTABLISHED       3,066        

UNDER SECTION 3307.81 OF THE REVISED CODE, AS PROVIDED IN SECTION  3,068        

3307.26 OF THE REVISED CODE, TOGETHER WITH ANY EARNINGS AND        3,070        

EMPLOYER CONTRIBUTIONS CREDITED THEREON.                                        

      Sec. 3307.66 3307.141.  Wherever in sections 3307.01 to      3,079        

3307.72, inclusive, of the Revised Code THIS CHAPTER, reference    3,081        

is made to the teachers' savings fund, the employers' normal       3,083        

accumulation fund, the employers' deficiency accumulation TRUST    3,084        

fund, the annuity and pension reserve fund, the guarantee fund,    3,085        

the survivors' benefit fund, or the expense fund, OR THE DEFINED   3,086        

CONTRIBUTION FUND, such reference shall be construed to have been  3,087        

made to each as a separate legal entity.  This section does not    3,088        

prevent the deposit or investment of all such moneys intermingled  3,089        

for such purpose but such funds shall be separate and distinct     3,090        

                                                          70     


                                                                 
legal entities for all other purposes.                                          

      Sec. 3307.651 3307.142.  (A)  Interest compounded annually   3,100        

shall be credited to the accounts of members PARTICIPATING IN THE  3,101        

PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE  3,102        

and to the various funds LISTED IN DIVISIONS (A) TO (F) OF         3,103        

SECTION 3307.14 OF THE REVISED CODE, and shall be assumed in                    

determining actuarial factors, at rates recommended by the         3,105        

actuary and approved by the STATE TEACHERS retirement board, but   3,106        

not less than three and twenty-five hundredths per cent effective  3,108        

September 1, 1965, except as follows:                                           

      (1)  For the years stated the rates shall be as follows:     3,110        

                    Years                   Rates                  3,112        

              9-1-1920/8-31-1955            4.00%                  3,113        

              9-1-1955/8-31-1963            3.00                   3,114        

              9-1-1963/8-31-1965            3.25                   3,115        

      (2)  Subsequent to August 31, 1959, interest shall be        3,118        

credited to accounts only at retirement.                           3,120        

      (3)  If the amount of the account at retirement is not a     3,122        

factor in determining the allowance, interest shall not be         3,123        

credited to such account after September 1, 1964.                  3,124        

      (4)  The actuary shall estimate the amount of interest       3,126        

reserve required in the teachers savings fund for credit to        3,127        

accounts when interest is to be a factor in determining the        3,128        

allowance, and the balance of the interest reserve in such fund    3,129        

shall be transferred to the employers trust fund as of September                

1, 1965.                                                                        

      (B)  INTEREST SHALL BE CREDITED TO THE ACCOUNTS OF MEMBERS   3,131        

PARTICIPATING IN A PLAN ESTABLISHED UNDER SECTION 3307.81 OF THE   3,132        

REVISED CODE AND TO THE DEFINED CONTRIBUTION FUND IN ACCORDANCE    3,133        

WITH THAT PLAN.                                                                 

      Sec. 3307.15.  (A)  The members of the state teachers        3,142        

retirement board shall be the trustees of the funds created by     3,143        

section 3307.65 3307.14 of the Revised Code.  The board shall      3,144        

have full power to invest the funds.  The board and other          3,146        

                                                          71     


                                                                 
fiduciaries shall discharge their duties with respect to the       3,147        

funds solely in the interest of the participants and               3,148        

beneficiaries; for the exclusive purpose of providing benefits to  3,149        

participants and their beneficiaries and defraying reasonable      3,150        

expenses of administering the system; with care, skill, prudence,  3,151        

and diligence under the circumstances then prevailing that a       3,152        

prudent person acting in a like capacity and familiar with these   3,153        

matters would use in the conduct of an enterprise of a like        3,155        

character and with like aims; and by diversifying the investments  3,156        

of the system so as to minimize the risk of large losses, unless   3,157        

under the circumstances it is clearly prudent not to do so.        3,158        

      To facilitate investment of the funds, the board may         3,160        

establish a partnership, trust, limited liability company,         3,161        

corporation, including a corporation exempt from taxation under    3,162        

the Internal Revenue Code, 100 Stat. 2085, 26 U.S.C. 1, as         3,164        

amended, or any other legal entity authorized to transact                       

business in this state.                                            3,165        

      (B)  In exercising its fiduciary responsibility with         3,167        

respect to the investment of the funds, it shall be the intent of  3,168        

the board to give consideration to investments that enhance the    3,169        

general welfare of the state and its citizens where the            3,170        

investments offer quality, return, and safety comparable to other  3,172        

investments currently available to the board.  In fulfilling this  3,173        

intent, equal consideration shall also be given to investments     3,174        

otherwise qualifying under this section that involve minority      3,175        

owned and controlled firms and firms owned and controlled by       3,176        

women, either alone or in joint venture with other firms.          3,177        

      The board shall adopt, in regular meeting, policies,         3,179        

objectives, or criteria for the operation of the investment        3,180        

program that include asset allocation targets and ranges, risk     3,181        

factors, asset class benchmarks, time horizons, total return       3,182        

objectives, and performance evaluation guidelines.  In adopting    3,184        

policies and criteria for the selection of agents with whom the    3,185        

board may contract for the administration of the funds, the board  3,186        

                                                          72     


                                                                 
shall give equal consideration to minority owned and controlled    3,187        

firms, firms owned and controlled by women, and ventures           3,188        

involving minority owned and controlled firms and firms owned and  3,189        

controlled by women that otherwise meet the policies and criteria  3,190        

established by the board.  Amendments and additions to the         3,191        

policies and criteria shall be adopted in regular meeting.  The    3,192        

board shall publish its policies, objectives, and criteria under   3,193        

this provision no less often than annually and shall make copies   3,195        

available to interested parties.                                                

      When reporting on the performance of investments, the board  3,197        

shall comply with the performance presentation standards           3,198        

established by the association for investment management and       3,199        

research.                                                                       

      (C)  All bonds, notes, certificates, stocks, or other        3,202        

evidences of investments purchased by the board shall be           3,204        

delivered to the treasurer of state, who is hereby designated as   3,205        

custodian thereof, or to the treasurer of state's authorized       3,206        

agent, and the treasurer of state or the agent shall collect the   3,208        

principal, interest, dividends, and distributions that become due  3,211        

and payable and place them when so collected into the custodial    3,212        

funds.  Evidences of title of the investments may be deposited by  3,214        

the treasurer of state for safekeeping with an authorized agent,   3,215        

selected by the treasurer of state, who is a qualified trustee     3,216        

under section 135.18 of the Revised Code.  The treasurer of state  3,217        

shall pay for the investments purchased by the retirement board    3,220        

on receipt of written or electronic instructions from the board    3,222        

or the board's designated agent authorizing the purchase and       3,224        

pending receipt of the evidence of title of the investment by the               

treasurer of state or the treasurer of state's authorized agent.   3,225        

The board may sell investments held by the board, and the          3,226        

treasurer of state or the treasurer of state's authorized agent    3,227        

shall accept payment from the purchaser and deliver evidence of    3,228        

title of the investment to the purchaser on receipt of written or  3,229        

electronic instructions from the board or the board's designated                

                                                          73     


                                                                 
agent authorizing the sale, and pending receipt of the moneys for  3,232        

the investments.  The amount received shall be placed into the     3,234        

custodial funds.  The board and the treasurer of state may enter   3,235        

into agreements to establish procedures for the purchase and sale  3,236        

of investments under this division and the custody of the                       

investments.                                                       3,237        

      (D)  No purchase or sale of any investment shall be made     3,240        

under this section except as authorized by the state teachers                   

retirement board.                                                  3,241        

      (E)  Any statement of financial position distributed by the  3,243        

board shall include the fair value, as of the statement date, of   3,246        

all investments held by the board under this section.                           

      Sec. 3307.111 3307.151.  The state teachers retirement       3,255        

system shall make no investments through, purchases from, or       3,258        

otherwise do any business with any individual who is, or any       3,259        

partnership, association, or corporation that is owned or                       

controlled by, a person, who within the preceding three years was  3,260        

employed by, an officer, or a board member of the system or in     3,261        

which a person, who within the preceding three years was employed  3,262        

by, a board member of, or an officer of the system holds a         3,263        

fiduciary, administrative, supervisory or trust position, or any   3,264        

other position in which such person would be involved, on behalf                

of his THE PERSON'S employer, in decisions or recommendations      3,266        

affecting the investment policy of the state teachers retirement   3,267        

system, and in which such person would benefit by any monetary     3,269        

gain.                                                                           

      Sec. 3307.14 3307.181.  (A)  Except as provided in division  3,278        

(B) of this section, a fiduciary shall not cause the state         3,280        

teachers retirement system to engage in a transaction, if he THE   3,281        

FIDUCIARY knows or should know that such transaction constitutes   3,283        

a direct or indirect:                                              3,284        

      (1)  Sale or exchange, or leasing, of any property between   3,286        

the system and a party in interest;                                3,287        

      (2)  Lending of money or other extension of credit between   3,289        

                                                          74     


                                                                 
the system and a party in interest;                                3,290        

      (3)  Furnishing of goods, services, or facilities between    3,292        

the system and a party in interest;                                3,293        

      (4)  Transfer to, or use by or for the benefit of a party    3,295        

in interest, of any assets of the system; or                       3,296        

      (5)  Acquisition, on behalf of the system, of any employer   3,298        

security or employer real property.                                3,299        

      (B)  Nothing in this section shall prohibit any transaction  3,301        

between the state teachers retirement system and any fiduciary or  3,302        

party in interest if:                                              3,303        

      (1)  All the terms and conditions of the transaction are     3,305        

comparable to the terms and conditions which might reasonably be   3,306        

expected in a similar transaction between similar parties who are  3,307        

not parties in interest; and                                       3,308        

      (2)  The transaction is consistent with the fiduciary        3,310        

duties described in Chapter 3307. of the Revised Code.             3,311        

      (C)  A fiduciary shall not:                                  3,313        

      (1)  Deal with the assets of the system in his THE           3,315        

FIDUCIARY'S own interest or for his THE FIDUCIARY'S own account;   3,317        

      (2)  In his THE FIDUCIARY'S individual or in any other       3,319        

capacity act in any transaction involving the system on behalf of  3,321        

a party (or represent a party) whose interests are adverse to the  3,322        

interests of the system or the interests of its participants or    3,323        

beneficiaries; or                                                  3,324        

      (3)  Receive any consideration for his THE FIDUCIARY'S own   3,326        

personal account from any party dealing with such system in        3,328        

connection with a transaction involving the assets of the system.  3,329        

      (D)  In addition to any liability which he THE FIDUCIARY     3,331        

may have under any other provision, a fiduciary with respect to    3,333        

the system shall be liable for a breach of fiduciary               3,334        

responsibility of any fiduciary with respect to the system in the  3,335        

following circumstances:                                           3,336        

      (1)  If he THE FIDUCIARY participates knowingly in, or       3,338        

knowingly undertakes to conceal, an act or omission of such other  3,339        

                                                          75     


                                                                 
fiduciary, knowing such act or omission is a breach;               3,340        

      (2)  If, by his THE FIDUCIARY'S failure to comply with       3,342        

Chapter 3307. of the Revised Code, he THE FIDUCIARY has enabled    3,344        

such other fiduciary to commit a breach; or                        3,346        

      (3)  If he THE FIDUCIARY has knowledge of a breach by such   3,348        

other fiduciary, unless he THE FIDUCIARY makes reasonable efforts  3,349        

under the circumstances to remedy the breach.                      3,351        

      (E)  Every fiduciary of the system shall be bonded or        3,353        

insured to an amount of not less than one million dollars for      3,354        

loss by reason of acts of fraud or dishonesty.                     3,355        

      Sec. 3307.19.  The state teachers retirement board shall     3,364        

provide for the maintenance of an individual account with FOR      3,365        

each contributor MEMBER showing the amount of his THE MEMBER'S     3,368        

contributions and the interest ANY accumulations thereon.  It      3,370        

shall collect and keep in convenient form such data as is          3,372        

necessary for the preparation of the required mortality and        3,373        

service tables, and for the compilation of such other information  3,374        

as is required for the actuarial valuation of the assets and       3,375        

liabilities of the various funds created by section 3307.65 of     3,376        

the Revised Code.  Upon the basis of the mortality and service     3,377        

experience of the members, retirants, and beneficiaries of the     3,378        

state teachers retirement system, and other system retirants       3,379        

contributing in accordance with section 3307.381 of the Revised    3,380        

Code, the board shall adopt the tables to be used for valuation    3,381        

purposes and for determining the amount of annuities to be         3,382        

allowed on the basis of the contributions.                         3,383        

      Sec. 3307.21 3307.20.  (A)  The treasurer of state shall     3,392        

furnish annually to the state teachers retirement board a sworn    3,394        

statement of the amount of the funds in the treasurer's custody    3,395        

belonging to the state teachers retirement system.                 3,396        

      (B)(1)  As used in this division, "personal SECTION:         3,398        

      (1)  "PERSONAL history record" means information maintained  3,401        

by the STATE TEACHERS RETIREMENT board on a member, former         3,402        

member, contributor, former contributor, retirant, or beneficiary  3,403        

                                                          76     


                                                                 
that includes the address, telephone number, social security       3,404        

number, record of contributions, correspondence with the STATE     3,405        

TEACHERS RETIREMENT system, or other information the board         3,407        

determines to be confidential.                                                  

      (2)  "RETIRANT" HAS THE SAME MEANING AS IN SECTION 3307.50   3,409        

OF THE REVISED CODE.                                                            

      (B)  The records of the board shall be open to public        3,411        

inspection, except for the following, which shall be excluded,     3,412        

except with the written authorization of the individual            3,413        

concerned:                                                         3,414        

      (a)(1)  The individual's personal records provided for in    3,416        

section 3307.29 3307.23 of the Revised Code;                       3,417        

      (b)(2)  The individual's personal history record;            3,419        

      (c)(3)  Any information identifying, by name and address,    3,421        

the amount of a monthly allowance or benefit paid to the           3,422        

individual.                                                                     

      (C)  All medical reports and recommendations under sections  3,424        

3307.42 3307.62, 3307.44 3307.64, and 3307.49 3307.66 of the       3,426        

Revised Code are privileged, except that copies of such medical    3,427        

reports or recommendations shall be made available to the          3,428        

personal physician, attorney, or authorized agent of the           3,429        

individual concerned upon written release received from the        3,430        

individual or the individual's agent, or, when necessary for the   3,431        

proper administration of the fund, to the board assigned           3,432        

physician.                                                                      

      (D)  Any person who is a member or contributor of the        3,434        

system shall be furnished, on written request, with a statement    3,436        

of the amount to the credit of the person's account.  The board    3,437        

need not answer more than one request of a person in any one       3,438        

year.                                                                           

      (E)  Notwithstanding the exceptions to public inspection in  3,440        

division (B)(2) of this section, the board may furnish the         3,441        

following information:                                             3,442        

      (1)  If a member, former member, retirant, contributor, or   3,444        

                                                          77     


                                                                 
former contributor is subject to an order issued under section     3,445        

2907.15 of the Revised Code or is convicted of or pleads guilty    3,446        

to a violation of section 2921.41 of the Revised Code, on written  3,447        

request of a prosecutor as defined in section 2935.01 of the       3,448        

Revised Code, the board shall furnish to the prosecutor the        3,449        

information requested from the individual's personal history       3,450        

record.                                                            3,451        

      (2)  Pursuant to a court or administrative order issued      3,453        

under section 3111.23 or 3113.21 of the Revised Code, the board    3,454        

shall furnish to a court or child support enforcement agency the   3,455        

information required under that section.                           3,456        

      (3)  At the written request of any person, the board shall   3,458        

provide to the person a list of the names and addresses of         3,459        

members, former members, retirants, contributors, former           3,460        

contributors, or beneficiaries.  The costs of compiling, copying,  3,461        

and mailing the list shall be paid by such person.                 3,462        

      (4)  Within fourteen days after receiving from the director  3,464        

of human services a list of the names and social security numbers  3,465        

of recipients of public assistance pursuant to section 5101.181    3,466        

of the Revised Code, the board shall inform the auditor of state   3,467        

of the name, current or most recent employer address, and social   3,468        

security number of each member whose name and social security      3,469        

number are the same as that of a person whose name or social       3,470        

security number was submitted by the director.  The board and its  3,471        

employees shall, except for purposes of furnishing the auditor of  3,472        

state with information required by this section, preserve the      3,473        

confidentiality of recipients of public assistance in compliance   3,474        

with division (A) of section 5101.181 of the Revised Code.         3,475        

      (F)  A statement that contains information obtained from     3,477        

the system's records that is signed by an officer of the           3,478        

retirement system and to which the system's official seal is       3,479        

affixed, or copies of the system's records to which the signature  3,480        

and seal are attached, shall be received as true copies of the     3,481        

system's records in any court or before any officer of this        3,482        

                                                          78     


                                                                 
state.                                                             3,483        

      THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1, 2000.     3,485        

      Sec. 3307.58 3307.21.  Each employer, before employing any   3,494        

teacher to whom sections 3307.01 to 3307.72, inclusive, of the     3,496        

Revised Code, THIS CHAPTER applies, shall notify such person of    3,498        

his THE PERSON'S duties and obligations under such sections THIS   3,499        

CHAPTER as a condition of his THE PERSON'S employment.             3,501        

      Any such appointment or reappointment of any teacher in the  3,503        

public day schools of the state, or service upon indefinite        3,504        

tenure, shall be conditioned upon the teacher's acceptance of      3,505        

such sections THIS CHAPTER, as a part of the contract.             3,506        

      Sec. 3307.59 3307.211.  During September of each year, or    3,515        

at such other time as the state teachers retirement board          3,517        

approves, each employer shall certify to the board the names of    3,518        

all teachers to whom sections 3307.01 to 3307.72, inclusive, of    3,519        

the Revised Code, apply THIS CHAPTER APPLIES.                                   

      Sec. 3307.60 3307.212.  Each employer shall on the first     3,528        

day of each calendar month, or at such less frequent intervals as  3,530        

the state teachers retirement board approves, notify the board of  3,531        

the employment of new teachers, removals, withdrawals, and         3,532        

changes in compensation of teachers that have occurred during the  3,533        

month preceding or the period since the period covered by the                   

last notification.                                                 3,534        

      NOT LATER THAN TEN DAYS AFTER THE DATE OF HIRE, EACH         3,536        

EMPLOYER SHALL NOTIFY THE BOARD OF THE EMPLOYMENT OF A NEW         3,537        

TEACHER.  NOTICE SHALL BE ON A FORM PROVIDED BY THE BOARD.         3,538        

      Sec. 3307.63 3307.213.  Each employer shall keep such        3,547        

records and shall furnish such information and assistance to the   3,549        

state teachers retirement board as it requires in the discharge    3,550        

of its duties.                                                                  

      Sec. 3307.214.  ON RECEIPT OF NOTICE UNDER SECTION 3307.212  3,552        

OF THE REVISED CODE OF THE EMPLOYMENT OF A NEW TEACHER, THE STATE  3,553        

TEACHERS RETIREMENT SYSTEM SHALL INFORM THE TEACHER OF THE         3,554        

REQUIREMENTS OF SECTION 3307.25 OF THE REVISED CODE AND THE                     

                                                          79     


                                                                 
PROVISIONS OF SECTIONS 3307.88 AND 3307.881 OF THE REVISED CODE.   3,555        

      Sec. 3307.29 3307.23.  Each teacher, upon becoming           3,564        

employed, shall file a detailed statement of all his THE           3,566        

TEACHER'S previous service as a teacher and of such other service  3,567        

as comes under this chapter, and shall furnish such other facts    3,568        

as the state teachers retirement board requires for the proper     3,569        

operation of the state teachers retirement system.  If a teacher   3,570        

fails to file the required membership record within ninety days    3,571        

after becoming employed, the secretary shall so advise his THE     3,572        

TEACHER'S employer who shall thereafter withhold all salary        3,573        

payments to such teacher until such record is filed with the       3,574        

state teachers retirement board.                                   3,575        

      Sec. 3307.30 3307.231.  To the extent to which it is used    3,584        

in determining the liability of any fund created by section        3,586        

3307.65 3307.14 of the Revised Code, the state teachers            3,587        

retirement board shall verify the statement provided for in        3,588        

section 3307.29 3307.23 of the Revised Code by the best evidence   3,590        

it is able to obtain.  If official records are not available as    3,591        

to the length of service, compensation, or other information       3,592        

required, the board may use its discretion as to the evidence to                

be accepted.                                                       3,593        

      Sec. 3307.27 3307.24.  The state teachers retirement board   3,602        

may deny the right to contribute or the right to become members    3,604        

to any class of teachers whose compensation is partly paid by the  3,605        

state, who are not serving on a per annum basis, who are on a      3,606        

temporary basis, or who are not required to have an educator       3,607        

license, and it may also make optional with teachers in any such                

class their right to contribute, or their right to individual      3,608        

entrance into membership.                                          3,609        

      The state teachers retirement board may at any time deny     3,611        

the right to contribute or the right to membership to any teacher  3,612        

whose compensation, though disbursed by an employer, is            3,613        

reimbursed to the employer, in whole or in part, from other than   3,614        

public funds.                                                                   

                                                          80     


                                                                 
      Sec. 3307.26 3307.241.  Members of a local district pension  3,623        

system maintained under the laws of the state from appropriations  3,625        

or contributions made wholly or in part by any employer and        3,626        

existing on August 8, 1919, are hereby excluded from membership    3,627        

in the state teachers retirement system.                                        

      If a majority of all the teachers participating in any such  3,629        

local district pension system apply for membership in the state    3,630        

teachers retirement system by a petition duly signed and           3,631        

verified, approved by their employer, and filed with the state     3,632        

teachers retirement board, all the teachers included in the                     

membership of such local district pension system shall become      3,633        

members of the state teachers retirement system at such time       3,634        

within three months after the filing of such petition and the      3,635        

compliance with sections 3307.01 to 3307.72, inclusive, of the     3,637        

Revised Code THIS CHAPTER, relative to the dissolution and         3,638        

discontinuance of such local district pension system as the board  3,639        

designates.                                                                     

      Sec. 3307.25.  (A)  AN INDIVIDUAL WHO BECOMES A MEMBER OF    3,641        

THE STATE TEACHERS RETIREMENT SYSTEM ON OR AFTER THE DATE ON       3,643        

WHICH THE STATE TEACHERS RETIREMENT BOARD ESTABLISHES A PLAN       3,644        

UNDER SECTION 3307.81 OF THE REVISED CODE SHALL MAKE AN ELECTION   3,645        

UNDER THIS SECTION.  NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER  3,646        

THE DATE ON WHICH EMPLOYMENT BEGINS, THE INDIVIDUAL SHALL ELECT    3,647        

TO PARTICIPATE EITHER IN THE PLAN DESCRIBED IN SECTIONS 3307.50    3,648        

TO 3307.79 OF THE REVISED CODE OR ONE OF THE PLANS ESTABLISHED     3,650        

UNDER SECTION 3307.81 OF THE REVISED CODE.  IF A FORM EVIDENCING   3,651        

AN ELECTION UNDER THIS SECTION IS NOT ON FILE WITH THE EMPLOYER    3,652        

AT THE END OF THE ONE-HUNDRED-EIGHTY-DAY PERIOD, THE INDIVIDUAL    3,654        

IS DEEMED TO HAVE ELECTED TO PARTICIPATE IN THE PLAN DESCRIBED IN  3,656        

SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE.                   3,657        

      (B)  AN ELECTION UNDER THIS SECTION SHALL BE MADE IN         3,659        

WRITING ON A FORM PROVIDED BY THE RETIREMENT SYSTEM AND FILED      3,660        

WITH THE EMPLOYER'S PERSONNEL OFFICER.  NOT LATER THAN TEN DAYS    3,662        

AFTER RECEIVING THE FORM EVIDENCING THE ELECTION, THE EMPLOYER     3,663        

                                                          81     


                                                                 
SHALL TRANSMIT TO THE SYSTEM A COPY THAT INCLUDES A STATEMENT      3,664        

CERTIFYING THAT IT IS A TRUE AND ACCURATE COPY OF THE ORIGINAL.    3,665        

      (C)  AN ELECTION UNDER THIS SECTION SHALL TAKE EFFECT ON     3,667        

THE DATE EMPLOYMENT BEGAN AND, EXCEPT AS PROVIDED IN SECTION       3,668        

3307.88 OF THE REVISED CODE, IS IRREVOCABLE ON RECEIPT BY THE      3,669        

EMPLOYER.                                                          3,670        

      (D)  AN INDIVIDUAL IS INELIGIBLE TO MAKE AN ELECTION UNDER   3,672        

THIS SECTION IF ONE OF THE FOLLOWING APPLIES:                      3,673        

      (1)  AT THE TIME EMPLOYMENT BEGINS, THE INDIVIDUAL IS        3,675        

ALREADY A MEMBER OR CONTRIBUTOR PARTICIPATING IN THE PLAN          3,676        

DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE OR A  3,677        

SUPERANNUATE OF THE SYSTEM;                                        3,679        

      (2)  AN ELECTION TO PARTICIPATE IN AN ALTERNATIVE            3,681        

RETIREMENT PLAN UNDER SECTION 3305.05 OF THE REVISED CODE IS IN    3,682        

EFFECT FOR EMPLOYMENT COVERED BY THE SYSTEM.                       3,683        

      Sec. 3307.251.  AS USED IN THIS SECTION, "ACCUMULATED        3,685        

CONTRIBUTIONS" AND "TOTAL SERVICE CREDIT" HAVE THE SAME MEANINGS   3,686        

AS IN SECTION 3307.50 OF THE REVISED CODE.                         3,687        

      (A)  A MEMBER OF THE STATE TEACHERS RETIREMENT SYSTEM WHO,   3,689        

AS OF THE THIRTIETH DAY OF JUNE IMMEDIATELY PRECEDING THE DATE ON  3,691        

WHICH THE SYSTEM ESTABLISHES A PLAN UNDER SECTION 3307.81 OF THE   3,693        

REVISED CODE, HAS LESS THAN FIVE YEARS OF TOTAL SERVICE CREDIT IS  3,694        

ELIGIBLE TO MAKE AN ELECTION UNDER THIS SECTION.                                

      NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE DAY THE     3,696        

BOARD FIRST ESTABLISHES ONE OR MORE PLANS UNDER SECTION 3307.81    3,697        

OF THE REVISED CODE, AN ELIGIBLE MEMBER MAY ELECT TO PARTICIPATE   3,699        

IN A PLAN ESTABLISHED UNDER THAT SECTION.  IF AN ELECTION IS NOT   3,700        

MADE, A MEMBER TO WHOM THIS SECTION APPLIES IS DEEMED TO HAVE      3,702        

ELECTED TO CONTINUE PARTICIPATING IN THE PLAN DESCRIBED IN         3,703        

SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE.                   3,704        

      (B)  AN ELECTION UNDER THIS SECTION SHALL BE MADE IN         3,706        

WRITING ON A FORM PROVIDED BY THE SYSTEM AND FILED WITH THE        3,707        

SYSTEM.                                                                         

      (C)  ON RECEIPT OF AN ELECTION UNDER THIS SECTION, THE       3,709        

                                                          82     


                                                                 
SYSTEM SHALL DO BOTH OF THE FOLLOWING:                             3,710        

      (1)  CREDIT TO THE ACCOUNT OF THE MEMBER IN THE DEFINED      3,712        

CONTRIBUTION FUND THE ACCUMULATED CONTRIBUTIONS STANDING TO THE    3,713        

MEMBER'S CREDIT IN THE TEACHERS' SAVINGS FUND, PLUS AN AMOUNT      3,714        

CALCULATED UNDER SECTION 3307.563 OF THE REVISED CODE;             3,715        

      (2)  CANCEL ALL SERVICE CREDIT AND ELIGIBILITY FOR ANY       3,717        

PAYMENT, BENEFIT, OR RIGHT UNDER THE PLAN DESCRIBED IN SECTIONS    3,718        

3307.50 TO 3307.79 OF THE REVISED CODE.                            3,719        

      (D)  AN ELECTION UNDER THIS SECTION SHALL BE IRREVOCABLE ON  3,722        

RECEIPT BY THE SYSTEM.                                             3,723        

      Sec. 3307.252.  A MEMBER OF THE STATE TEACHERS RETIREMENT    3,725        

SYSTEM WHO ELECTS TO PARTICIPATE IN A PLAN ESTABLISHED UNDER       3,726        

SECTION 3307.81 OF THE REVISED CODE SHALL BE INELIGIBLE FOR ANY    3,728        

BENEFIT OR PAYMENT UNDER SECTIONS 3307.50 TO 3307.79 OF THE        3,729        

REVISED CODE AND, EXCEPT AS PROVIDED IN SECTION 3307.88 OF THE     3,731        

REVISED CODE, SHALL BE FOREVER BARRED FROM CLAIMING OR PURCHASING  3,733        

SERVICE CREDIT WITH THE SYSTEM OR ANY OTHER OHIO STATE RETIREMENT  3,734        

SYSTEM, AS DEFINED IN SECTION 3307.741 OF THE REVISED CODE, FOR    3,735        

SERVICE COVERED BY THE ELECTION.                                   3,736        

      Sec. 3307.51 3307.26.  Each teacher shall contribute eight   3,745        

per cent of his THE TEACHER'S earned compensation to the           3,747        

teachers' savings fund, except that the state teachers retirement  3,749        

board may raise the contribution rate to the fund to a rate not    3,750        

greater than ten per cent of the teacher's earned compensation.    3,751        

Such FOR TEACHERS PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS  3,752        

3307.50 TO 3307.79 OF THE REVISED CODE, CONTRIBUTIONS SHALL BE     3,754        

DEPOSITED IN THE TEACHERS' SAVINGS FUND.  FOR TEACHERS             3,755        

PARTICIPATING IN A PLAN ESTABLISHED UNDER SECTION 3307.81 OF THE   3,756        

REVISED CODE, CONTRIBUTIONS SHALL BE DEPOSITED IN THE DEFINED      3,758        

CONTRIBUTION FUND.  CONTRIBUTIONS MADE PURSUANT TO THIS SECTION    3,759        

SHALL NOT EXCEED THE LIMITS ESTABLISHED BY SECTION 415 OF THE      3,760        

"INTERNAL REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 415,  3,764        

AS AMENDED.                                                                     

      THE contribution FOR ALL TEACHERS shall be deducted by the   3,768        

                                                          83     


                                                                 
employer on each payroll in an amount equal to the applicable per  3,769        

cent of such contributors' THE TEACHERS' paid compensation for     3,771        

such payroll period or other period as the state teachers          3,772        

retirement board may approve, provided all.  ALL CONTRIBUTIONS ON  3,773        

EARNED COMPENSATION FOR TEACHERS PARTICIPATING IN PLANS                         

ESTABLISHED UNDER SECTION 3307.81 OF THE REVISED CODE SHALL BE     3,774        

REMITTED AT INTERVALS REQUIRED BY THE STATE TEACHERS RETIREMENT    3,775        

SYSTEM UNDER SECTION 3307.86 OF THE REVISED CODE.  ALL                          

contributions on earned compensation are FOR TEACHERS              3,777        

PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO         3,778        

3307.79 OF THE REVISED CODE SHALL BE remitted to the state         3,779        

teachers retirement system by the thirtieth day of June of each    3,780        

year. Each school district shall encumber sufficient moneys by     3,781        

the thirtieth day of June of each year to account for the          3,782        

difference, if any, that may exist between contributions that      3,783        

would be withheld based upon compensation earned by a teacher      3,784        

during the year ending the thirtieth day of June and the           3,785        

contributions withheld based upon compensation paid to the         3,786        

teacher for the year.  Deductions from payroll for contributions   3,787        

under this section, on an annual basis, shall not exceed eight     3,788        

per cent or other percentage established by the state teachers     3,789        

retirement board authorized by this section.                       3,790        

      At retirement UNDER THE PLAN DESCRIBED IN SECTIONS 3307.50   3,792        

TO 3307.79 OF THE REVISED CODE, or upon a member's death prior to  3,793        

retirement UNDER THAT PLAN, if contributions have been made after  3,794        

September 1, 1959, in excess of the contributions normally         3,796        

required to provide the retirement or survivor benefit, such THE   3,797        

excess contributions may be refunded to the member, to his THE     3,799        

MEMBER'S beneficiary, or to his THE MEMBER'S estate in a lump      3,801        

sum, or may be used to provide additional income.                               

      The board may determine with regard to any member            3,803        

PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO         3,804        

3307.79 OF THE REVISED CODE whether the limits established by      3,805        

division (B)(3)(C) of section 3307.38 3307.58 OF THE REVISED CODE  3,806        

                                                          84     


                                                                 
have resulted in exclusion from use in the calculation of          3,808        

benefits under section 3307.38 3307.58, 3307.39 3307.59, or        3,810        

3307.50 3307.60 of the Revised Code of any compensation on which   3,811        

contributions have been made under this section.  The board may    3,812        

adopt rules in accordance with section 111.15 of the Revised Code  3,813        

providing for the disposition of contributions attributable to     3,814        

such compensation and may dispose of the contributions in          3,815        

accordance with those rules.  Any disposition of contributions     3,816        

made by the board in accordance with the rules shall be final.     3,817        

      The deductions UNDER THIS SECTION shall be made even though  3,819        

the minimum compensation provided by law for any teacher shall be  3,820        

reduced thereby.  Every teacher shall be deemed to consent to the  3,821        

deductions made and shall receipt in full for his salary or        3,823        

compensation, and payment.  PAYMENT less the deductions shall be   3,825        

a complete discharge and acquittance of all claims and demands     3,826        

for the services rendered by the person during the period covered  3,827        

by the payment.                                                    3,828        

      Additional deposits may be made to a member's account IN     3,830        

THE TEACHERS' SAVINGS FUND OR DEFINED CONTRIBUTION FUND, subject   3,832        

to rules of the board.  At retirement, the amount deposited with   3,833        

interest may be used to provide additional annuity income.  The    3,834        

additional deposits may be refunded to the member before           3,835        

retirement, and shall be refunded if the member withdraws his THE  3,836        

MEMBER'S refundable account.  The deposits may be refunded to the  3,837        

beneficiary or estate if the member dies before retirement.        3,838        

      Sec. 3307.511 3307.261.  Except as otherwise provided in     3,847        

section 124.385 of the Revised Code, any teacher who is granted    3,849        

disability leave pursuant to a program sponsored by his THE        3,850        

TEACHER'S employer, whereby the teacher receives a percentage of   3,851        

his THE TEACHER'S salary while on disability leave, shall not be   3,852        

required to make contributions for time off while on disability    3,853        

leave.                                                                          

      Except as otherwise provided in section 124.385 of the       3,855        

Revised Code, each employer described in division (A) of section   3,856        

                                                          85     


                                                                 
3307.01 of the Revised Code who sponsors a disability leave        3,857        

program shall make the periodic employee and employer              3,858        

contributions, in the amounts set pursuant to sections 3307.51                  

3307.26 and 3307.53 3307.28 of the Revised Code, for teachers      3,860        

granted disability leave, based on the teacher's rate of pay in    3,862        

effect at the time disability leave was granted.                                

      Sec. 3307.27.  THE CONTRIBUTIONS REQUIRED UNDER SECTION      3,864        

3307.26 OF THE REVISED CODE MAY BE PAID BY THE EMPLOYER IN         3,865        

ACCORDANCE WITH DIVISION (h) OF SECTION 414 OF THE "INTERNAL       3,868        

REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 414(h), AS      3,871        

AMENDED.                                                                        

      Sec. 3307.53 3307.28.  Each employer shall pay annually to   3,880        

the employers' trust fund STATE TEACHERS RETIREMENT SYSTEM an      3,881        

amount certified by the secretary which shall be a certain per     3,883        

cent of the earnable compensation of all members, and which shall  3,884        

be known as the "employer contribution."  The FOR MEMBERS          3,885        

PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO         3,886        

3307.79 OF THE REVISED CODE, THE EMPLOYER CONTRIBUTION SHALL BE    3,888        

DEPOSITED INTO THE EMPLOYERS' TRUST FUND.  FOR MEMBERS                          

PARTICIPATING IN A PLAN ESTABLISHED UNDER SECTION 3307.81 OF THE   3,890        

REVISED CODE, THE EMPLOYER CONTRIBUTION SHALL BE DEPOSITED INTO    3,892        

THE DEFINED CONTRIBUTION FUND IN ACCORDANCE WITH THE PLAN                       

SELECTED BY THE MEMBER, LESS THE AMOUNT TRANSFERRED UNDER SECTION  3,895        

3307.84 OF THE REVISED CODE.                                       3,896        

      THE rate per cent of such THE contribution shall be fixed    3,899        

by the actuary on the basis of his THE ACTUARY'S evaluation of     3,900        

the liabilities of the state teachers retirement system, not to    3,902        

exceed fourteen per cent, and shall be approved by the state       3,903        

teachers retirement board.  The state teachers retirement board    3,904        

may raise the rate per cent of the contribution to fourteen per    3,905        

cent of the earnable compensation of all members.  In making such  3,906        

evaluation, the actuary shall use, as the actuarial assumptions,   3,907        

such interest rates and mortality and other tables as are adopted  3,908        

by the state teachers retirement board.  He THE ACTUARY shall      3,909        

                                                          86     


                                                                 
compute the percentage of such earnable compensation, to be known  3,911        

as the "employer rate," required annually to fund the liability    3,912        

for all benefits provided by this chapter UNDER SECTIONS 3307.50   3,913        

TO 3307.79 OF THE REVISED CODE, after deducting therefrom the      3,914        

annuity and other benefits provided by the member's accumulated    3,915        

contributions, AS DEFINED IN SECTION 3307.50 OF THE REVISED CODE,  3,916        

deposits, and other appropriations, and to fund any deficiencies   3,917        

in the various funds described in DIVISIONS (A) TO (F) OF section  3,919        

3307.65 3307.14 of the Revised Code.                               3,920        

      Sec. 3307.61 3307.29.  Each employer shall cause to be       3,929        

deducted, on each payroll of a contributor for each payroll        3,931        

period, the contribution payable by such contributor as provided   3,932        

in sections 3307.01 to 3307.72, inclusive, of the Revised Code     3,933        

THIS CHAPTER.  Each employer shall certify to the treasurer of     3,934        

said employer on each payroll a statement as voucher for the       3,935        

amounts so deducted and for the amount of the normal contribution  3,936        

and the deficiency contribution payable by the employer.  Each     3,937        

employer shall send a duplicate of such statement to the                        

secretary of the state teachers retirement board.                  3,938        

      Sec. 3307.62 3307.291.  The treasurer of each employer, on   3,948        

receipt from the employer of the voucher for deductions from the   3,949        

compensation of teachers and for the contributions of the          3,950        

employer, shall transmit monthly or at such times as the state     3,952        

teachers retirement board designates the amounts specified in                   

such voucher to the secretary of the board.  The secretary of the  3,953        

board, after making a record of all such receipts, shall pay them  3,955        

to the treasurer of state for use according to sections 3307.01    3,957        

to 3307.72 of the Revised Code THIS CHAPTER.                       3,958        

      Sec. 3307.64 3307.30.  Employers who obtain funds directly   3,967        

by taxation shall levy annually such additional taxes as are       3,969        

required to provide the additional funds necessary to meet the     3,970        

financial requirements imposed upon them by sections 3307.01 to    3,971        

3307.72, inclusive, of the Revised Code THIS CHAPTER, and said     3,972        

tax shall be placed before and in preference to all other items    3,973        

                                                          87     


                                                                 
except for sinking fund or interest purposes.                      3,974        

      Sec. 3307.56 3307.31.  Payments by boards of education to    3,983        

the employers' trust fund of the state teachers retirement         3,984        

system, as provided in sections 3307.61 3307.29 and 3307.62        3,985        

3307.291 of the Revised Code, shall be made from the amount        3,987        

allocated under Chapter 3317. of the Revised Code prior to its     3,988        

distribution to the individual school districts.  The amount due   3,989        

from each school district shall be certified by the secretary of   3,990        

the system to the superintendent of public instruction monthly,    3,991        

or at such times as may be determined by the state teachers        3,992        

retirement board.                                                               

      The superintendent shall deduct, from the amount allocated   3,994        

to each district under Chapter 3317. of the Revised Code, the      3,995        

entire amounts due to the system from such district upon the       3,996        

certification to him THE SUPERINTENDENT by the secretary thereof.  3,998        

      The superintendent shall certify to the director of budget   4,000        

and management the amounts thus due the system for payment.        4,001        

      Sec. 3307.75 3307.32.  All amounts due the state teachers    4,010        

retirement system from the state treasury pursuant to this         4,012        

chapter shall be promptly paid upon warrant of the auditor of      4,013        

state pursuant to a voucher approved by the director of budget                  

and management.                                                    4,014        

      Sec. 3307.33.  MEMBERSHIP IN THE STATE TEACHERS RETIREMENT   4,016        

SYSTEM SHALL CEASE ON OCCURRENCE OF ANY OF THE FOLLOWING:          4,017        

RECEIPT OF PAYMENT PURSUANT TO SECTION 3307.56 OF THE REVISED      4,018        

CODE OR UNDER A PLAN ESTABLISHED UNDER SECTION 3307.81 OF THE      4,020        

REVISED CODE; RETIREMENT AS PROVIDED IN SECTIONS 3307.58 AND       4,021        

3307.59 OF THE REVISED CODE OR UNDER A PLAN ESTABLISHED UNDER      4,023        

SECTION 3307.81 OF THE REVISED CODE; DEATH; OR DENIAL OF           4,024        

MEMBERSHIP PURSUANT TO SECTION 3307.24 OF THE REVISED CODE.        4,025        

      Sec. 3307.381 3307.35.  (A)  As used in this section:        4,034        

      (1)  "Superannuate" means a former teacher receiving a       4,036        

service retirement allowance under section 3307.38 or 3307.39 of   4,037        

the Revised Code from the state teachers retirement system or a    4,038        

                                                          88     


                                                                 
combined service retirement benefit paid in accordance with        4,039        

section 3307.41 of the Revised Code, regardless of which           4,040        

retirement system is paying the benefit.                           4,041        

      (2), "Other OTHER system retirant" means a member or former  4,044        

member of the public employees retirement system, Ohio police and  4,046        

fire pension fund, school employees retirement system, state       4,048        

highway patrol retirement system, or Cincinnati retirement system  4,049        

who is receiving age and service or commuted age and service       4,050        

retirement, or a disability benefit from a system of which the     4,051        

retirant is a member or former member.                                          

      (B)  A superannuate may be employed for temporary service    4,053        

as a teacher, provided:                                            4,054        

      (1)  At least two months have elapsed since the effective    4,056        

date of the superannuate's retirement UNDER THIS CHAPTER.          4,057        

      (2)  Such employment does not exceed eighty-five school      4,059        

days, or the equivalent thereof in fractional service, during any  4,060        

school year.                                                       4,061        

      (C)  A superannuate may be employed as a full-time teacher,  4,063        

provided:                                                          4,064        

      (1)  The superannuate has received a retirement AN           4,066        

allowance OR BENEFIT from the state teachers retirement system     4,069        

UNDER THIS CHAPTER for at least eighteen months.                   4,070        

      (2)  The employer requests the retirement board of the       4,072        

state teachers retirement system to authorize such employment.     4,073        

      (D)  An other system retirant may be employed as a teacher,  4,075        

provided at least two months have elapsed since the effective      4,076        

date of the retirant's retirement or receipt of a disability       4,077        

benefit.                                                           4,078        

      (E)  If a superannuate or other system retirant is employed  4,080        

in accordance with division (B), (C), or (D) of this section, the  4,082        

superannuate or retirant shall contribute to the state teachers                 

retirement system in accordance with section 3307.51 3307.26 of    4,084        

the Revised Code and the employer shall contribute in accordance   4,086        

with sections 3307.53 3307.28 and 3307.56 3307.31 of the Revised   4,088        

                                                          89     


                                                                 
Code.  Such contributions shall be received as specified in        4,090        

section 3307.65 3307.14 of the Revised Code.  A superannuate or    4,092        

other system retirant employed as a teacher is not a member of     4,093        

the state teachers retirement system, does not have any of the     4,094        

rights, privileges, or obligations of membership, except as        4,095        

provided in this section, and is not eligible to receive health,   4,096        

medical, hospital, or surgical benefits under section 3307.74      4,097        

3307.39 of the Revised Code for employment subject to this         4,099        

section.                                                                        

      (F)  The employer that employs a superannuate or other       4,101        

system retirant shall notify the state teachers retirement board   4,102        

of the employment not later than the end of the month in which     4,103        

the employment commences.  Any overpayment of benefits to a        4,104        

superannuate by the retirement system resulting from an            4,105        

employer's failure to give timely notice may be charged to the     4,106        

employer and may be certified and deducted as provided in section  4,107        

3307.56 3307.31 of the Revised Code.                               4,108        

      (G)  On receipt of notice from an employer that a person     4,110        

who is an other system retirant has been employed, the state       4,111        

teachers retirement system shall notify the state retirement       4,112        

system of which the other system retirant was a member of such     4,113        

employment.                                                        4,114        

      (H)  A superannuate or other system retirant who has         4,116        

received a retirement AN allowance or disability benefit for less  4,119        

than the applicable period under division (B), (C), or (D) of      4,120        

this section when employment as a teacher commences shall forfeit  4,122        

the retirement allowance or disability benefit for any month the   4,124        

superannuate or retirant is employed prior to the expiration of    4,125        

such period.  Contributions shall be made to the retirement        4,126        

system from the first day of such employment, but service and      4,127        

contributions for that period shall not be used in the             4,128        

calculation of any benefit payable to the superannuate or other    4,129        

system retirant, and those contributions shall be refunded on the  4,130        

superannuate's or retirant's death or termination of the           4,132        

                                                          90     


                                                                 
employment.  Contributions made on compensation earned after the   4,133        

expiration of such period shall be used in calculation of the                   

benefit or payment due under this section.                         4,134        

      (I)  On receipt of notice from the Ohio police and fire      4,137        

pension fund, public employees retirement system, or school        4,139        

employees retirement system of the re-employment of a                           

superannuate, the state teachers retirement system shall not pay,  4,140        

or if paid shall recover, the amount to be forfeited by the        4,141        

superannuate in accordance with section 145.38, 742.26, or         4,142        

3309.341 of the Revised Code.                                      4,143        

      (J)(1)  On termination of employment under this section, a   4,145        

superannuate or other system retirant may file an application      4,146        

with the state teachers retirement system for a benefit under      4,147        

this division, which shall consist of a single life annuity        4,148        

having a reserve equal to the amount of the superannuate's or      4,149        

retirant's accumulated contributions, AS DEFINED IN SECTION        4,151        

3307.50 OF THE REVISED CODE, for the period of employment and an   4,152        

equal amount from the employers' trust created by section 3307.65  4,153        

3307.14 of the Revised Code, plus interest credited to the date    4,155        

of retirement at the then current actuarial rate of interest.      4,156        

The superannuate or other system retirant shall elect either to    4,157        

receive the benefit as a monthly annuity for life or a lump-sum    4,158        

payment discounted to the present value using the current          4,159        

actuarial assumption rate of interest, except that if the monthly  4,160        

annuity would be less than twenty-five dollars per month the       4,162        

superannuate or retirant shall receive a lump-sum payment.         4,164        

      (2)  A benefit payable under this division shall commence    4,166        

on the latest of the following:                                    4,167        

      (a)  The last day for which compensation for employment as   4,169        

a teacher was paid;                                                4,170        

      (b)  Attainment by the superannuate or other system          4,172        

retirant of age sixty-five;                                        4,173        

      (c)  If the superannuate or other system retirant was        4,175        

previously employed under this section and previously received or  4,176        

                                                          91     


                                                                 
is receiving a benefit under this division, completion of a        4,177        

period of twelve months since the effective date of the last       4,178        

benefit under this division.                                       4,179        

      (3)(a)  If a superannuate or other system retirant dies      4,181        

while employed in employment subject to this section, a lump-sum   4,182        

payment calculated in accordance with division (J)(1) of this      4,183        

section shall be paid to the beneficiary designated under          4,184        

division (D) of section 3307.48 3307.562 of the Revised Code.      4,185        

      (b)  If at the time of death a superannuate or other system  4,188        

retirant receiving a monthly annuity has received less than the    4,189        

superannuate or retirant would have received as a lump-sum         4,190        

payment, the difference between the amount received and the        4,191        

amount that would have been received as a lump-sum payment shall   4,193        

be paid to the superannuate's or retirant's beneficiary            4,194        

designated under division (D) of section 3307.48 3307.562 of the   4,196        

Revised Code.                                                      4,197        

      (4)  No amount received under this section shall be          4,199        

included in determining an additional benefit under section        4,200        

3307.403 3307.67 of the Revised Code or any other post-retirement  4,202        

benefit increase.                                                  4,203        

      (K)  If the disability benefit of an other system retirant   4,205        

employed under this section is terminated, the retirant shall      4,206        

become a member of the state teachers retirement system,           4,208        

effective on the first day of the month next following the         4,209        

termination, with all the rights, privileges, and obligations of   4,210        

membership.  If such person, after the termination of the          4,211        

retirant's disability benefit, earns two years of service credit   4,213        

under this retirement system or under the public employees         4,214        

retirement system, Ohio police and fire pension fund, school       4,215        

employees retirement system, or state highway patrol retirement    4,217        

system, the retirant's prior contributions as an other system      4,219        

retirant under this section shall be included in the retirant's    4,220        

total service credit, AS DEFINED IN SECTION 3307.50 OF THE         4,221        

REVISED CODE, as a state teachers retirement system member, and    4,223        

                                                          92     


                                                                 
the retirant shall forfeit all rights and benefits of this         4,225        

section.  Not more than one year of credit may be given for any    4,226        

period of twelve months.                                                        

      (L)  A superannuate shall not receive the pension portions   4,228        

of a retirement PORTION OF AN allowance OR BENEFIT THAT IS         4,229        

ATTRIBUTABLE TO CONTRIBUTIONS MADE UNDER SECTION 3307.28 OF THE    4,230        

REVISED CODE for any period for which the superannuate is          4,232        

compensated under a private contract, or through an independent    4,233        

contractor, whereby the superannuate is to perform personal or     4,235        

professional services for the employer by which the superannuate   4,236        

was employed at the time of retirement.                            4,238        

      (M)  This section does not affect the receipt of benefits    4,240        

by or eligibility for benefits of any person who on August 20,     4,241        

1976, was receiving a disability benefit or service retirement     4,242        

pension or allowance from a state or municipal retirement system   4,243        

in Ohio and was a member of any other state or municipal           4,244        

retirement system of this state.                                   4,245        

      (N)  The retirement board of the state teachers retirement   4,247        

system BOARD may make the necessary rules to carry into effect     4,248        

this section and to prevent the abuse of the rights and            4,250        

privileges thereunder.                                             4,251        

      Sec. 3307.72 3307.37.  (A)  Notwithstanding any other        4,260        

provision of this chapter, any payment that is to be made under a  4,262        

pension, annuity, allowance, or other type of benefit PAYABLE      4,263        

UNDER THIS CHAPTER, other than a survivorship benefit, that has    4,265        

been granted to a person under this chapter, any payment of        4,266        

accumulated contributions standing to a person's credit under      4,267        

this chapter, and any payment of any other amounts to be paid to   4,268        

a person under this chapter upon the person's withdrawal of        4,269        

contributions pursuant to this chapter shall be subject to any     4,270        

withholding order issued pursuant to section 2907.15 of the                     

Revised Code or division (C)(2)(b) of section 2921.41 of the       4,271        

Revised Code, and the state teacher's retirement board shall       4,272        

comply with that withholding order in making the payment.          4,273        

                                                          93     


                                                                 
      (B)  Notwithstanding any other provision of this chapter,    4,275        

if the board receives notice pursuant to section 2907.15 of the    4,276        

Revised Code or division (D) of section 2921.41 of the Revised     4,277        

Code that a person who has accumulated contributions standing to   4,278        

the person's credit pursuant to this chapter is charged with a     4,280        

violation of section 2907.02, 2907.03, 2907.04, 2907.05, or        4,281        

2921.41 of the Revised Code, no payment of those accumulated       4,282        

contributions, of any other amounts to be paid under this chapter  4,283        

upon the person's withdrawal of contributions pursuant to this     4,284        

chapter, or of any amount to be paid as a lump sum or single       4,286        

payment under section 3307.381 3307.35 of the Revised Code shall   4,287        

be made prior to whichever of the following is applicable:         4,289        

      (1)  If the person is convicted of or pleads guilty to the   4,291        

charge and no motion for a withholding order for purposes of       4,292        

restitution has been filed under section 2907.15 of the Revised    4,293        

Code or division (C)(2)(b)(i) of section 2921.41 of the Revised    4,295        

Code, thirty days after the day on which final disposition of the  4,296        

charge is made;                                                                 

      (2)  If the person is convicted of or pleads guilty to the   4,298        

charge and a motion for a withholding order for purposes of        4,299        

restitution has been filed under section 2907.15 of the Revised    4,301        

Code or division (C)(2)(b)(i) of section 2921.41 of the Revised    4,303        

Code, the day on which the court decides the motion;               4,304        

      (3)  If the charge is dismissed or the person is found not   4,306        

guilty or not guilty by reason of insanity of the charge, the day  4,307        

on which final disposition of the charge is made.                  4,308        

      Sec. 3307.74 3307.39.  (A)  The state teachers retirement    4,317        

board may enter into an agreement with insurance companies,        4,319        

health insuring corporations, or government agencies authorized    4,321        

to do business in the state for issuance of a policy or contract   4,322        

of health, medical, hospital, or surgical benefits, or any         4,323        

combination thereof, for those individuals receiving, UNDER THE    4,324        

PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED       4,325        

CODE, service retirement or a disability or survivor benefit       4,327        

                                                          94     


                                                                 
subscribing WHO SUBSCRIBE to the plan.  Notwithstanding any other  4,328        

provision of this chapter, the policy or contract may also         4,329        

include coverage for any eligible individual's spouse and          4,330        

dependent children and for any of the individual's sponsored       4,331        

dependents as the board considers appropriate.  If all or any      4,333        

portion of the policy or contract premium is to be paid by any     4,334        

individual receiving service retirement or a disability or         4,335        

survivor benefit, the individual shall, by written authorization,  4,336        

instruct the board to deduct the premium agreed to be paid by the  4,338        

individual to the companies, corporations, or agencies.            4,339        

      The board may contract for coverage on the basis of part or  4,342        

all of the cost of the coverage to be paid from appropriate funds  4,343        

of the state teachers retirement system.  The cost paid from the   4,344        

funds of the system shall be included in the employer's            4,346        

contribution rate provided by section 3307.53 3307.28 of the       4,347        

Revised Code.                                                      4,348        

      THE BOARD MAY ENTER INTO AN AGREEMENT UNDER THIS DIVISION    4,350        

FOR COVERAGE OF RECIPIENTS OF BENEFITS UNDER A PLAN ESTABLISHED    4,351        

UNDER SECTION 3307.81 OF THE REVISED CODE IF THE PLAN SELECTED     4,352        

INCLUDES HEALTH, MEDICAL, HOSPITAL, OR SURGICAL BENEFITS, OR ANY   4,353        

COMBINATION THEREOF.  THE BOARD MAY CONTRACT FOR COVERAGE ON THE   4,354        

BASIS THAT THE COST OF THE COVERAGE WILL BE PAID BY THE RECIPIENT  4,356        

OR BY THE PLAN TO WHICH THE RECIPIENT CONTRIBUTED UNDER THIS       4,357        

CHAPTER.  THE BOARD MAY OFFER TO RECIPIENTS PLANS THAT PROVIDE     4,358        

FOR DIFFERENT LEVELS OF COVERAGE OR FOR PREPAYMENT OF THE COST OF  4,359        

COVERAGE.                                                                       

      The board may provide for self-insurance of risk or level    4,361        

of risk as set forth in the contract with the companies,           4,362        

corporations, or agencies, and may provide through the             4,363        

self-insurance method specific benefits as authorized by the       4,364        

rules of the board.                                                4,365        

      (B)  If the board provides health, medical, hospital, or     4,367        

surgical benefits through any means other than a health insuring   4,369        

corporation, it shall offer to each individual eligible for the    4,371        

                                                          95     


                                                                 
benefits the alternative of receiving benefits through enrollment  4,372        

in a health insuring corporation, if all of the following apply:   4,374        

      (1)  The health insuring corporation provides health care    4,377        

services in the geographical area in which the individual lives;   4,379        

      (2)  The eligible individual was receiving health care       4,381        

benefits through a health maintenance organization or a health     4,383        

insuring corporation before retirement;                            4,384        

      (3)  The rate and coverage provided by the health insuring   4,387        

corporation to eligible individuals is comparable to that          4,390        

currently provided by the board under division (A) of this                      

section.  If the rate or coverage provided by the health insuring  4,392        

corporation is not comparable to that currently provided by the    4,394        

board under division (A) of this section, the board may deduct     4,395        

the additional cost from the eligible individual's monthly         4,396        

benefit.                                                                        

      The health insuring corporation shall accept as an enrollee  4,400        

any eligible individual who requests enrollment.                                

      The board shall permit each eligible individual to change    4,402        

from one plan to another at least once a year at a time            4,403        

determined by the board.                                           4,404        

      (C)  The board shall, beginning the month following receipt  4,406        

of satisfactory evidence of the payment for coverage, make a       4,407        

monthly payment to each recipient of service retirement, or a      4,408        

disability or survivor benefit under the state teachers            4,409        

retirement system PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79    4,410        

OF THE REVISED CODE who is eligible for insurance coverage under   4,411        

part B of "The Social Security Amendments of 1965," 79 Stat. 301,  4,412        

42 U.S.C.A. 1395j, as amended, AND MAY MAKE A MONTHLY PAYMENT TO   4,414        

A RECIPIENT OF BENEFITS UNDER A PLAN ESTABLISHED UNDER SECTION     4,415        

3307.81 OF THE REVISED CODE WHO IS ELIGIBLE FOR THAT INSURANCE     4,416        

COVERAGE IF THE MONTHLY PAYMENTS ARE FUNDED THROUGH THE PLAN       4,418        

SELECTED BY THE RECIPIENT.  The payment shall be the greater of    4,419        

the following:                                                                  

      (1)  Twenty-nine dollars and ninety cents;                   4,421        

                                                          96     


                                                                 
      (2)  An amount determined by multiplying the basic premium   4,424        

for the coverage by a percentage, not exceeding ninety per cent,   4,425        

determined by multiplying the years of service used in             4,426        

calculating the service retirement or benefit OR, IN THE CASE OF   4,427        

A RECIPIENT OF BENEFITS UNDER A PLAN ESTABLISHED UNDER SECTION     4,428        

3307.81 OF THE REVISED CODE, THE PARTICIPANT'S YEARS OF SERVICE                 

by a percentage determined by the board not exceeding three per    4,429        

cent.                                                              4,430        

      THE BOARD SHALL MAKE ALL PAYMENTS UNDER THIS DIVISION        4,432        

BEGINNING THE MONTH FOLLOWING RECEIPT OF SATISFACTORY EVIDENCE OF  4,433        

THE PAYMENT FOR THE COVERAGE.                                      4,434        

      (D)  The board shall establish by rule requirements for the  4,436        

coordination of any coverage, payment, or benefit provided under   4,438        

this section or section 3307.405 3307.61 of the Revised Code with  4,440        

any similar coverage, payment, or benefit made available to the    4,441        

same individual by the public employees retirement system, Ohio    4,442        

police and fire pension fund, school employees retirement system,  4,444        

or state highway patrol retirement system.                         4,445        

      (E)  The board shall make all other necessary rules          4,447        

pursuant to the purpose and intent of this section.                4,448        

      Sec. 3307.741 3307.391.  The state teachers retirement       4,457        

board shall establish a program under which members of the STATE   4,459        

TEACHERS retirement system, employers on behalf of members, and    4,461        

persons receiving service, disability, or survivor benefits UNDER  4,462        

THIS CHAPTER are permitted to participate in contracts for         4,464        

long-term health care insurance.  Participation may include        4,465        

dependents and family members.  If a participant in a contract     4,466        

for long-term care insurance leaves employment, the participant    4,467        

and the participant's dependents and family members may, at their  4,469        

election, continue to participate in a program established under   4,470        

this section in the same manner as if the participant had not      4,471        

left employment, except that no part of the cost of the insurance  4,473        

shall be paid by the participant's former employer.                4,474        

      Such program may be established independently or jointly     4,476        

                                                          97     


                                                                 
with one or more of the other retirement systems.  For purposes    4,477        

of this section, "retirement systems" has the same meaning as in   4,478        

division (A) of section 145.581 of the Revised Code.               4,479        

      The board may enter into an agreement with insurance         4,481        

companies, health insuring corporations, or government agencies    4,483        

authorized to do business in the state for issuance of a           4,484        

long-term care insurance policy or contract.   However, prior to   4,485        

entering into such an agreement with an insurance company or       4,486        

health insuring corporation, the board shall request the           4,487        

superintendent of insurance to certify the financial condition of  4,490        

the company or corporation.  The board shall not enter into the    4,491        

agreement if, according to that certification, the company or      4,492        

corporation is insolvent, is determined by the superintendent to   4,493        

be potentially unable to fulfill its contractual obligations, or   4,495        

is placed under an order of rehabilitation or conservation by a    4,496        

court of competent jurisdiction or under an order of supervision   4,497        

by the superintendent.                                             4,498        

      The board shall adopt rules in accordance with section       4,500        

111.15 of the Revised Code governing the program.  The rules       4,501        

shall establish methods of payment for participation under this    4,502        

section, which may include establishment of a payroll deduction    4,503        

plan under section 3307.281 3307.70 of the Revised Code,           4,504        

deduction of the full premium charged from a person's service,     4,506        

disability, or survivor benefit, or any other method of payment    4,507        

considered appropriate by the board.  If the program is            4,508        

established jointly with one or more of the other retirement       4,509        

systems, the rules also shall establish the terms and conditions   4,510        

of such joint participation.                                       4,511        

      Sec. 3307.40 3307.392.  (A)  Upon the death of a retirant    4,520        

or disability benefit recipient who at the time of death is        4,522        

receiving a service retirement allowance or disability benefit     4,523        

pursuant to this chapter, a lump sum payment of one thousand       4,524        

dollars shall be paid to any designated or qualified beneficiary   4,525        

under division (D) of section 3307.48 of the Revised Code, or if   4,526        

                                                          98     


                                                                 
none, the state teachers retirement board may approve payment to   4,527        

either the person responsible for the burial expenses or to the    4,528        

decedent's estate following the completion of an application on a  4,529        

form approved by the board.                                        4,530        

      (B)  The state teachers retirement board may establish a     4,532        

death benefit plan providing for a lump sum payment to eligible    4,533        

beneficiaries, in addition to the lump sum payment made under      4,534        

division (A) of this section 3307.661 OF THE REVISED CODE, on the  4,535        

death of a person receiving a service retirement AN allowance or   4,538        

disability benefit pursuant to this chapter.  Any plan             4,540        

established under this division SECTION shall be administered      4,542        

separately from any other benefit or plan governed by this         4,543        

chapter and shall require that charges paid by participants cover  4,544        

the additional liability resulting from the death benefit as       4,545        

determined by an actuary employed by the board. Participation      4,546        

shall be limited to persons receiving a service retirement AN      4,547        

allowance or disability benefit pursuant to this chapter.          4,549        

      The board shall establish charges and conditions of          4,551        

eligibility for participation in any plan established under this   4,552        

division SECTION.  A person who elects to participate in a plan    4,553        

by written authorization shall instruct the board to deduct the    4,555        

amount charged under the plan from his service retirement THE      4,557        

PERSON'S allowance or disability benefit.  The board may enter     4,558        

into contracts with insurance companies, financial institutions,   4,559        

or other entities for the purpose of providing a death benefit     4,560        

plan under this division SECTION.                                  4,561        

      Sec. 3307.71 3307.41.  The right of a person to a pension,   4,570        

an annuity, or a retirement allowance itself, any optional         4,573        

benefit, OR any other right OR BENEFIT accrued or accruing to any  4,575        

person, under sections 3307.01 to 3307.74 of the Revised Code                   

THIS CHAPTER, or the various funds created by section 3307.65      4,578        

3307.14 of the Revised Code and all moneys and investments and     4,580        

income thereof, are exempt from any state tax, except the tax                   

imposed by section 5747.02 of the Revised Code and are exempt      4,582        

                                                          99     


                                                                 
from any county, municipal, or other local tax, except taxes       4,583        

imposed pursuant to section 5748.02 or 5748.08 of the Revised      4,584        

Code and, except as provided in sections 3111.23, 3113.21, and     4,586        

3307.72 3307.37 of the Revised Code, shall not be subject to       4,587        

execution, garnishment, attachment, the operation of bankruptcy    4,588        

or insolvency laws, or any other process of law whatsoever, and    4,589        

shall be unassignable except as specifically provided in THIS      4,590        

CHAPTER OR sections 3111.23, AND 3113.21, and 3307.01 to 3307.74   4,591        

of the Revised Code.                                               4,592        

      Sec. 3307.711 3307.42.  The granting TO ANY PERSON of a      4,602        

retirement AN allowance, annuity, or pension to any person, AS     4,603        

DEFINED IN SECTION 3307.50 OF THE REVISED CODE, OR THE GRANTING                 

OF A BENEFIT UNDER A PLAN ESTABLISHED UNDER SECTION 3307.81 OF     4,605        

THE REVISED CODE, pursuant to AN action of the state teachers'                  

retirement board vests a right in such person, so long as he THE   4,607        

PERSON remains the beneficiary of any of the funds established by  4,609        

section 3307.65 3307.14 of the Revised Code, to receive such       4,610        

retirement THE allowance, annuity, or pension, OR BENEFIT at the   4,612        

rate fixed at the time of granting such retirement THE allowance,  4,613        

annuity, or pension, OR BENEFIT.  Such right shall also be vested  4,615        

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      4,616        

Revised Code.                                                      4,617        

      Sec. 3307.712 3307.44.  (A)  Any person who is receiving an  4,626        

allowance, AS DEFINED IN SECTION 3307.50 OF THE REVISED CODE,      4,627        

benefit, or any increase under this chapter may, at any time,      4,629        

waive his THE PERSON'S rights thereto, or to a portion thereof,    4,630        

by filing a written notice of waiver with the state teachers       4,631        

retirement board.  Except as provided in division (B) of this      4,632        

section, such waiver shall remain in effect until the first day    4,633        

of the month following his THE PERSON'S death or the filing of     4,634        

his THE PERSON'S written cancellation of such waiver with the      4,636        

state teachers retirement board.  Any amount so waived shall       4,637        

forever be forfeited.                                                           

                                                          100    


                                                                 
      (B)  If a beneficiary waives in writing all claim to any     4,639        

benefits under this chapter prior to receipt of the first          4,640        

benefit, the waiver shall put into effect the succession of        4,641        

beneficiaries as provided in division (C) of section 3307.48       4,642        

3307.562 of the Revised Code and shall be irrevocable.             4,644        

      Sec. 3307.4012 3307.46.  Whenever the limits established by  4,653        

section 415 of the "Internal Revenue Code of 1986," 100 Stat.      4,655        

2085, 26 U.S.C.A. 415, as amended, are raised, the state teachers  4,656        

retirement board may increase the amount of the pension, benefit,  4,657        

or allowance of any person whose pension, benefit, or allowance    4,658        

payable under section 3307.38 3307.58, 3307.39 3307.59, 3307.403   4,659        

3307.63, 3307.43 3307.631, or 3307.431 3307.67 of the Revised      4,661        

Code OR A PLAN ESTABLISHED UNDER SECTION 3307.81 OF THE REVISED    4,662        

CODE was limited by the application of section 415.  The amount    4,664        

of the increased pension, benefit, or allowance shall not exceed                

the lesser of the amount the person would have received if the     4,665        

limits established by section 415 had not been applied or the      4,666        

amount the person is eligible to receive subject to the new        4,667        

limits established by section 415.                                              

      Sec. 3307.461.  THE STATE TEACHERS RETIREMENT BOARD MAY      4,669        

ESTABLISH AND MAINTAIN A QUALIFIED GOVERNMENTAL EXCESS BENEFIT     4,670        

ARRANGEMENT THAT MEETS THE REQUIREMENTS OF DIVISION (m) OF         4,671        

SECTION 415 OF THE "INTERNAL REVENUE CODE OF 1986," 100 STAT.      4,673        

2085, 26 U.S.C.A. 415, AS AMENDED, AND ANY REGULATIONS ADOPTED     4,675        

THEREUNDER.  IF ESTABLISHED, THE ARRANGEMENT SHALL BE A SEPARATE   4,676        

PORTION OF THE STATE TEACHERS RETIREMENT SYSTEM AND BE MAINTAINED  4,677        

SOLELY FOR THE PURPOSE OF PROVIDING TO RETIRED MEMBERS THAT PART   4,678        

OF A BENEFIT OTHERWISE PAYABLE UNDER THIS CHAPTER THAT EXCEEDS     4,679        

THE LIMITS ESTABLISHED BY SECTION 415 OF THE "INTERNAL REVENUE     4,680        

CODE OF 1986," AS AMENDED.                                         4,681        

      MEMBERS PARTICIPATING IN AN ARRANGEMENT ESTABLISHED UNDER    4,683        

THIS SECTION SHALL NOT BE PERMITTED TO ELECT TO DEFER              4,684        

COMPENSATION TO THE ARRANGEMENT.  CONTRIBUTIONS TO AND BENEFITS    4,685        

PAID UNDER AN ARRANGEMENT SHALL NOT BE PAYABLE FROM A TRUST THAT   4,686        

                                                          101    


                                                                 
IS PART OF THE SYSTEM UNLESS THE TRUST IS MAINTAINED SOLELY FOR    4,687        

THE PURPOSE OF PROVIDING SUCH BENEFITS.                            4,688        

      THE BOARD SHALL ADOPT RULES TO ADMINISTER AN ARRANGEMENT     4,690        

ESTABLISHED UNDER THIS SECTION.                                    4,691        

      Sec. 3307.751 3307.47.  If a member, former member,          4,700        

contributor, former contributor, retirant, or beneficiary PERSON   4,702        

is paid any benefit by the state teachers retirement system UNDER  4,704        

THE PLANS DESCRIBED IN SECTION 3307.031 OF THE REVISED CODE to                  

which he THE PERSON is not entitled, the benefit shall be repaid   4,707        

to the retirement system by him THE PERSON.  If he THE PERSON      4,709        

fails to make the repayment, the retirement system shall withhold  4,710        

the amount due from any benefit due him THE PERSON or his THE      4,711        

PERSON'S beneficiary under this chapter, or may collect the        4,712        

amount in any other manner provided by law.                        4,713        

      Sec. 3307.50.  AS USED IN SECTIONS 3307.50 TO 3307.79 OF     4,715        

THE REVISED CODE:                                                  4,717        

      (A)  "PRIOR SERVICE" MEANS ALL SERVICE AS A TEACHER BEFORE   4,719        

SEPTEMBER 1, 1920, MILITARY SERVICE CREDIT, ALL SERVICE PRIOR TO   4,720        

SEPTEMBER 1, 1920, AS AN EMPLOYEE OF ANY EMPLOYER WHO COMES        4,721        

WITHIN THE PUBLIC EMPLOYEES RETIREMENT SYSTEM, THE SCHOOL          4,722        

EMPLOYEES RETIREMENT SYSTEM, OR ANY OTHER STATE RETIREMENT SYSTEM  4,723        

ESTABLISHED UNDER THE LAWS OF OHIO, AND SIMILAR SERVICE IN         4,724        

ANOTHER STATE, CREDIT FOR WHICH WAS PROCURED BY A MEMBER UNDER     4,725        

FORMER SECTION 3307.33 OF THE REVISED CODE, PRIOR TO JUNE 25,      4,727        

1945.  PRIOR SERVICE CREDIT SHALL NOT BE GRANTED TO ANY MEMBER     4,728        

FOR SERVICE FOR WHICH CREDIT OR BENEFITS HAVE BEEN RECEIVED IN     4,729        

ANY OTHER STATE RETIREMENT SYSTEM IN OHIO OR FOR CREDIT THAT WAS   4,730        

FORFEITED BY WITHDRAWAL OF CONTRIBUTIONS, UNLESS THE CREDIT HAS    4,731        

BEEN RESTORED.  IF THE TEACHER SERVED AS AN EMPLOYEE IN ANY TWO    4,732        

OR ALL OF THE CAPACITIES, "PRIOR SERVICE" MEANS THE TOTAL          4,733        

COMBINED SERVICE IN THE CAPACITIES PRIOR TO SEPTEMBER 1, 1920.     4,734        

      IF A TEACHER WHO HAS BEEN GRANTED PRIOR SERVICE CREDIT FOR   4,736        

SERVICE RENDERED PRIOR TO SEPTEMBER 1, 1920, AS AN EMPLOYEE OF AN  4,737        

EMPLOYER WHO COMES WITHIN THE PUBLIC EMPLOYEES RETIREMENT SYSTEM   4,738        

                                                          102    


                                                                 
OR THE SCHOOL EMPLOYEES RETIREMENT SYSTEM, ESTABLISHES,            4,739        

SUBSEQUENT TO SEPTEMBER 16, 1957, AND BEFORE RETIREMENT, THREE     4,740        

YEARS OF CONTRIBUTING SERVICE IN THE PUBLIC EMPLOYEES RETIREMENT   4,741        

SYSTEM, OR ONE YEAR IN THE SCHOOL EMPLOYEES RETIREMENT SYSTEM,     4,742        

THE PRIOR SERVICE CREDIT GRANTED SHALL BECOME, AT RETIREMENT, THE  4,744        

LIABILITY OF THE OTHER SYSTEM IF THE PRIOR SERVICE OR EMPLOYMENT   4,746        

WAS IN A CAPACITY COVERED BY THAT SYSTEM.                                       

      (B)  "TOTAL SERVICE," "TOTAL SERVICE CREDIT," EXCEPT AS      4,748        

PROVIDED IN SECTION 3307.57 OF THE REVISED CODE, OR "OHIO SERVICE  4,750        

CREDIT" MEANS ALL SERVICE OF A MEMBER OF THE STATE TEACHERS        4,751        

RETIREMENT SYSTEM SINCE LAST BECOMING A MEMBER AND, IN ADDITION    4,752        

THERETO, RESTORED SERVICE CREDIT UNDER SECTION 3307.71 OF THE      4,753        

REVISED CODE, ALL PRIOR SERVICE CREDIT, ALL MILITARY SERVICE       4,756        

CREDIT COMPUTED AS PROVIDED IN THIS CHAPTER, AND ALL OTHER         4,757        

SERVICE CREDIT ESTABLISHED UNDER SECTIONS 3307.26, FORMER          4,759        

3307.513, FORMER 3307.514, 3307.53, 3307.54, 3307.72, 3307.73,     4,760        

3307.74, 3307.76, 3307.761, 3307.77, 3307.771, AND 33.07.78 AND    4,761        

FORMER SECTION 3307.52 OF THE REVISED CODE, AND SECTION 3 OF       4,763        

AMENDED SUBSTITUTE SENATE BILL NO. 530 OF THE 114TH GENERAL        4,764        

ASSEMBLY.  ALL SERVICE CREDIT PURCHASED UNDER SECTION 3307.741 OF  4,767        

THE REVISED CODE SHALL BE USED EXCLUSIVELY FOR THE PURPOSE OF      4,769        

QUALIFYING FOR SERVICE RETIREMENT.                                 4,770        

      (C)(1)  "SERVICE RETIREMENT" MEANS RETIREMENT AS PROVIDED    4,772        

IN SECTION 3307.58 OR 3307.59 OF THE REVISED CODE.                 4,773        

      (2)  "DISABILITY RETIREMENT" MEANS RETIREMENT AS PROVIDED    4,775        

IN SECTION 3307.63 OF THE REVISED CODE.                            4,776        

      (D)  "ACCUMULATED CONTRIBUTIONS" MEANS THE SUM OF ALL        4,778        

AMOUNTS CREDITED TO A CONTRIBUTOR'S INDIVIDUAL ACCOUNT IN THE      4,779        

TEACHERS' SAVINGS FUND, TOGETHER WITH INTEREST CREDITED THEREON    4,780        

AT THE RATES APPROVED BY THE STATE TEACHERS RETIREMENT BOARD       4,781        

PRIOR TO RETIREMENT.                                               4,782        

      (E)  "ANNUITY" MEANS PAYMENTS FOR LIFE DERIVED FROM          4,784        

CONTRIBUTIONS MADE BY A CONTRIBUTOR AND PAID FROM THE ANNUITY AND  4,785        

PENSION RESERVE FUND.  ALL ANNUITIES SHALL BE PAID IN TWELVE       4,786        

                                                          103    


                                                                 
EQUAL MONTHLY INSTALLMENTS.                                        4,787        

      (F)  "PENSIONS" MEANS ANNUAL PAYMENTS FOR LIFE DERIVED FROM  4,789        

APPROPRIATIONS MADE BY AN EMPLOYER AND PAID FROM THE ANNUITY AND   4,790        

PENSION RESERVE FUND.  ALL PENSIONS SHALL BE PAID IN TWELVE EQUAL  4,791        

MONTHLY INSTALLMENTS.                                              4,792        

      (G)(1)  "ALLOWANCE" MEANS THE PENSION PLUS THE ANNUITY, OR   4,795        

ANY OTHER PAYMENT UNDER SECTIONS 3307.50 TO 3307.79 OF THE         4,796        

REVISED CODE, AND INCLUDES A DISABILITY ALLOWANCE OR DISABILITY    4,797        

BENEFIT.                                                                        

      (2)  "DISABILITY ALLOWANCE" MEANS AN ALLOWANCE PAID ON       4,799        

ACCOUNT OF DISABILITY UNDER SECTION 3307.631 OF THE REVISED CODE.  4,801        

      (3)  "DISABILITY BENEFIT" MEANS A BENEFIT PAID AS            4,803        

DISABILITY RETIREMENT UNDER SECTION 3307.63 OF THE REVISED CODE,   4,805        

AS A DISABILITY ALLOWANCE UNDER SECTION 3307.631 OF THE REVISED    4,807        

CODE, OR AS A DISABILITY BENEFIT UNDER SECTION 3307.57 OF THE      4,808        

REVISED CODE.                                                                   

      (H)  "ANNUITY RESERVE" MEANS THE PRESENT VALUE, COMPUTED     4,810        

UPON THE BASIS OF MORTALITY TABLES ADOPTED BY THE STATE TEACHERS   4,811        

RETIREMENT BOARD WITH INTEREST, OF ALL PAYMENTS TO BE MADE ON      4,812        

ACCOUNT OF ANY ANNUITY, OR BENEFIT IN LIEU OF ANY ANNUITY,         4,813        

GRANTED TO A MEMBER.                                               4,814        

      (I)  "PENSION RESERVE" MEANS THE PRESENT VALUE, COMPUTED     4,816        

UPON THE BASIS OF MORTALITY TABLES ADOPTED BY THE STATE TEACHERS   4,817        

RETIREMENT BOARD WITH INTEREST, OF ALL PAYMENTS TO BE MADE ON      4,818        

ACCOUNT OF ANY PENSION, OR BENEFIT IN LIEU OF ANY PENSION,         4,819        

GRANTED TO A MEMBER OR TO A BENEFICIARY.                           4,820        

      (J)  "RETIRANT" MEANS ANY FORMER MEMBER WHO IS GRANTED AGE   4,822        

AND SERVICE RETIREMENT AS PROVIDED IN SECTIONS 3307.57, 3307.58,   4,823        

3307.59, AND 3307.60 OF THE REVISED CODE.                          4,824        

      (K)  "DISABILITY BENEFIT RECIPIENT" MEANS A MEMBER WHO IS    4,826        

RECEIVING A DISABILITY BENEFIT.                                    4,827        

      Sec. 3307.013 3307.501.  (A)  As used in this section,       4,836        

"percentage increase" means the percentage that an increase in     4,838        

compensation is of the compensation paid prior to the increase.    4,839        

                                                          104    


                                                                 
      (B)  Notwithstanding division (U)(L) of section 3307.01 of   4,841        

the Revised Code, for the purpose of determining final average     4,843        

salary under this section, "compensation" has the same meaning as  4,844        

in that division, except that it does not include any amount       4,845        

resulting from a percentage increase paid to a member during the   4,846        

member's two highest years of compensation that exceeds the        4,848        

greater of the following, unless the percentage increase results   4,849        

from employment by a different employer or promotion to a          4,850        

position held by another employee within the twelve-month period   4,851        

preceding the promotion;                                           4,852        

      (1)  The highest percentage increase in compensation paid    4,854        

to the member during any of the three years immediately preceding  4,855        

the member's two highest years of compensation and any subsequent  4,856        

partial year of compensation used in calculating the member's      4,857        

final average salary;                                              4,858        

      (2)  A percentage increase paid to the member as part of an  4,860        

increase generally applicable to members employed by the           4,861        

employer.  An increase shall be considered generally applicable    4,862        

if it is paid to members employed by a school district board of    4,863        

education in positions requiring a license issued under section    4,865        

3319.22 of the Revised Code in accordance with uniform criteria    4,866        

applicable to all such members or if paid to members employed by   4,867        

an employer other than a school district board of education in     4,868        

accordance with uniform criteria applicable to all such members.   4,869        

      (C)  The state teachers retirement board shall determine     4,871        

the final average salary of a member by dividing the sum of the    4,872        

member's annual compensation for the three highest years of        4,873        

compensation for which the member made contributions plus any      4,874        

amount determined under division (E) of this section by three,     4,875        

except that if the member has a partial year of contributing       4,876        

service in the year the member's employment terminates and the     4,877        

compensation for the partial year is at a rate higher than the     4,878        

rate of compensation for any one of the member's highest three     4,879        

years of compensation, the board shall substitute the              4,880        

                                                          105    


                                                                 
compensation for the partial year for the compensation for the     4,881        

same portion of the lowest of the member's three highest years of  4,882        

compensation.  If a member has less than three years of            4,883        

contributing membership, the member's final average salary shall   4,884        

be the member's total compensation for the period of contributing  4,885        

membership plus any amount determined under division (E) of this   4,886        

section divided by the total years, including any portion of a     4,887        

year, of contributing service.                                                  

      For the purpose of calculating benefits payable to a member  4,889        

qualifying for service credit under division (R)(I) of section     4,891        

3307.01 of the Revised Code, the board shall calculate the         4,892        

member's final average salary by dividing the member's total       4,893        

compensation as a teacher covered under this chapter plus any      4,894        

amount determined under division (E) of this section by the total  4,895        

number of years, including any portion of a year, of contributing  4,896        

membership during that period.  If contributions were made for     4,897        

less than twelve months, the member's final average salary is the  4,898        

total amount of compensation paid to the member during all         4,899        

periods of contributions under this chapter.                       4,900        

      (D)  Contributions made by a member and an employer on       4,902        

amounts that, pursuant to division (B) of this section, are not    4,903        

compensation or are not included, pursuant to division (E) of      4,904        

this section, for the purpose of determining final average salary  4,905        

shall be treated as additional deposits to the member's account    4,906        

under section 3307.51 3307.26 of the Revised Code and used to      4,907        

provide additional annuity income.                                 4,909        

      (E)  The state teachers retirement board shall adopt rules   4,911        

establishing criteria and procedures for administering this        4,912        

division.                                                          4,913        

      The board shall notify each applicant for retirement of any  4,915        

amount excluded from the applicant's compensation in accordance    4,916        

with division (B) of this section and of the procedures            4,917        

established by the board for requesting a hearing on this          4,918        

exclusion.                                                         4,919        

                                                          106    


                                                                 
      Any applicant for retirement who has had any amount          4,921        

excluded from the applicant's compensation in accordance with      4,923        

division (B) of this section may request a hearing on this         4,924        

exclusion.  Upon receiving such a request, the board shall         4,925        

determine in accordance with its criteria and procedures whether,  4,926        

for good cause as determined by the board, all or any portion of   4,927        

any amount excluded from the applicant's compensation in           4,928        

accordance with division (B) of this section, up to a maximum of   4,929        

seventy-five hundred dollars, is to be included in the             4,930        

determination of final average salary under division (C) of this   4,931        

section.  Any determination of the board under this division       4,932        

shall be final.                                                                 

      Sec. 3307.20 3307.51.  (A)  The state teachers retirement    4,941        

board shall have prepared annually by or under the supervision of  4,944        

an actuary an actuarial valuation of the pension assets,           4,945        

liabilities, and funding requirements of the state teachers        4,946        

retirement system as established pursuant to this chapter PLAN     4,947        

DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE.                   

The actuary shall complete the valuation in accordance with        4,948        

actuarial standards of practice promulgated by the actuarial       4,949        

standards board of the American academy of actuaries and prepare   4,950        

a report of the valuation.  The report shall include all of the    4,951        

following:                                                                      

      (1)  A summary of the benefit provisions evaluated;          4,953        

      (2)  A summary of the census data and financial information  4,955        

used in the valuation;                                             4,956        

      (3)  A description of the actuarial assumptions, actuarial   4,958        

cost method, and asset valuation method used in the valuation,     4,959        

including a statement of the assumed rate of payroll growth and    4,960        

assumed rate of growth or decline in the number of members         4,961        

contributing to the retirement system;                                          

      (4)  A summary of findings that includes a statement of the  4,963        

actuarial accrued pension liabilities and unfunded actuarial       4,964        

accrued pension liabilities;                                       4,965        

                                                          107    


                                                                 
      (5)  A schedule showing the effect of any changes in the     4,967        

benefit provisions, actuarial assumptions, or cost methods since   4,968        

the last annual actuarial valuation;                               4,969        

      (6)  A statement of whether contributions to the retirement  4,971        

system are expected to be sufficient to satisfy the funding        4,972        

objectives established by the board.                               4,973        

      The board shall submit the report to the Ohio retirement     4,976        

study commission COUNCIL and the standing committees of the house  4,977        

of representatives and the senate with primary responsibility for  4,979        

retirement legislation not later than the first day of May         4,980        

JANUARY following the year for which the valuation was made.       4,981        

      (B)  At such times as the state teachers retirement board    4,984        

determines, and at least once in each quinquennial period, the     4,985        

board shall have prepared by or under the supervision of an        4,986        

actuary an actuarial investigation of the mortality, service, and  4,988        

other experience of the members, retirants, and beneficiaries of   4,990        

the system, and other system retirants as defined in section       4,993        

3307.381 3307.35 of the Revised Code to update the actuarial       4,994        

assumptions used in the actuarial valuation required by division   4,997        

(A) of this section.  The actuary shall prepare a report of the    4,998        

actuarial investigation.  The report shall be prepared and any     4,999        

recommended changes in actuarial assumptions shall be made in      5,001        

accordance with the actuarial standards of practice promulgated                 

by the actuarial standards board of the American academy of        5,003        

actuaries.  The report shall include all of the following:                      

      (1)  A summary of relevant decrement and economic            5,005        

assumption experience observed over the period of the              5,006        

investigation;                                                                  

      (2)  Recommended changes in actuarial assumptions to be      5,008        

used in subsequent actuarial valuations required by division (A)   5,010        

of this section;                                                                

      (3)  A measurement of the financial effect of the            5,012        

recommended changes in actuarial assumptions.                      5,013        

      The board shall submit the report to the Ohio retirement     5,016        

                                                          108    


                                                                 
study commission COUNCIL and the standing committees of the house  5,017        

of representatives and the senate with primary responsibility for  5,019        

retirement legislation not later than the first day of May         5,020        

following the last fiscal year of the period the report covers.    5,021        

      (C)  The board may at any time request the actuary to make   5,023        

any other studies or actuarial valuations to determine the         5,025        

adequacy of the normal and deficiency rates of contribution        5,026        

provided by section 3307.53 3307.28 of the Revised Code, and       5,027        

those rates may be adjusted by the board, as recommended by the    5,030        

actuary, effective as of the first of any year thereafter.         5,031        

      (D)  The board shall have prepared by or under the           5,033        

supervision of an actuary an actuarial analysis of any introduced  5,034        

legislation expected to have a measurable financial impact on the  5,035        

retirement system.  The actuarial analysis shall be completed in   5,036        

accordance with the actuarial standards of practice promulgated    5,037        

by the actuarial standards board of the American academy of        5,038        

actuaries.  The actuary shall prepare a report of the actuarial    5,039        

analysis, which shall include all of the following:                5,040        

      (1)  A summary of the statutory changes that are being       5,042        

evaluated;                                                                      

      (2)  A description of or reference to the actuarial          5,044        

assumptions and actuarial cost method used in the report;          5,045        

      (3)  A description of the participant group or groups        5,047        

included in the report;                                            5,048        

      (4)  A statement of the financial impact of the              5,050        

legislation, including the resulting increase, if any, in the      5,051        

employer normal cost percentage; the increase, if any, in          5,052        

actuarial accrued liabilities; and the per cent of payroll that    5,053        

would be required to amortize the increase in actuarial accrued                 

liabilities as a level per cent of covered payroll for all active  5,054        

members over a period not to exceed thirty years;                  5,055        

      (5)  A statement of whether the scheduled contributions to   5,057        

the system after the proposed change is enacted are expected to    5,058        

be sufficient to satisfy the funding objectives established by     5,059        

                                                          109    


                                                                 
the board.                                                                      

      Not later than sixty days from the date of introduction of   5,061        

the legislation, the board shall submit a copy of the actuarial    5,062        

analysis to the legislative budget office of the legislative       5,063        

service commission, the standing committees of the house of        5,064        

representatives and the senate with primary responsibility for     5,065        

retirement legislation, and the Ohio retirement study commission   5,066        

COUNCIL.                                                                        

      (E)  The board shall have prepared annually a report giving  5,069        

a full accounting of the revenues and costs relating to the        5,070        

provision of benefits under sections 3307.405 3307.39 and 3307.74  5,071        

3307.61 of the Revised Code.  The report shall be made as of June  5,074        

30, 1997, and the thirtieth day of June of each year thereafter.   5,075        

The report shall include the following:                            5,076        

      (1)  A description of the statutory authority for the        5,078        

benefits provided;                                                 5,079        

      (2)  A summary of the benefits;                              5,081        

      (3)  A summary of the eligibility requirements for the       5,083        

benefits;                                                          5,084        

      (4)  A statement of the number of participants eligible for  5,086        

the benefits;                                                      5,087        

      (5)  A description of the accounting, asset valuation, and   5,089        

funding method used to provide the benefits;                       5,090        

      (6)  A statement of the net assets available for the         5,092        

provisions of benefits as of the last day of the fiscal year;      5,094        

      (7)  A statement of any changes in the net assets available  5,097        

for the provision of benefits, including participant and employer  5,098        

contributions, net investment income, administrative expenses,     5,099        

and benefits provided to participants, as of the last day of the   5,100        

fiscal year;                                                                    

      (8)  For the last six consecutive fiscal years, a schedule   5,102        

of the net assets available for the benefits, the annual cost of   5,104        

benefits, administrative expenses incurred, and annual employer    5,105        

contributions allocated for the provision of benefits;             5,106        

                                                          110    


                                                                 
      (9)  A description of any significant changes that affect    5,108        

the comparability of the report required under this division;      5,110        

      (10)  A statement of the amount paid under division (C) of   5,112        

section 3307.74 3307.39 of the Revised Code.                       5,113        

      The board shall submit the report to the Ohio retirement     5,116        

study commission COUNCIL and the standing committees of the house  5,117        

of representatives and the senate with primary responsibility for  5,118        

retirement legislation not later than the thirty-first day of      5,119        

December following the year for which the report was made.         5,121        

      Sec. 3307.511.  THE STATE TEACHERS RETIREMENT BOARD SHALL    5,123        

COLLECT AND KEEP IN CONVENIENT FORM SUCH DATA AS IS NECESSARY FOR  5,124        

THE PREPARATION OF THE REQUIRED MORTALITY AND SERVICE TABLES, AND  5,125        

FOR THE COMPILATION OF SUCH OTHER INFORMATION AS IS REQUIRED FOR   5,126        

THE ACTUARIAL VALUATION OF THE ASSETS AND LIABILITIES OF THE       5,127        

FUNDS LISTED IN DIVISIONS (A) TO (F) OF SECTION 3307.14 OF THE     5,129        

REVISED CODE.  ON THE BASIS OF MORTALITY AND SERVICE EXPERIENCE    5,130        

OF THE MEMBERS, RETIRANTS, AND BENEFICIARIES OF THE STATE          5,131        

TEACHERS RETIREMENT SYSTEM, AND OTHER SYSTEM RETIRANTS             5,132        

CONTRIBUTING IN ACCORDANCE WITH SECTION 3307.35 OF THE REVISED     5,134        

CODE, THE BOARD SHALL ADOPT TABLES TO BE USED FOR VALUATION        5,136        

PURPOSES AND FOR DETERMINING THE AMOUNT OF ANNUITIES TO BE                      

ALLOWED ON THE BASIS OF THE CONTRIBUTIONS.                         5,137        

      Sec. 3307.201 3307.512.  The state teachers retirement       5,146        

board shall establish a period of not more than thirty years to    5,149        

amortize the state teachers retirement system's unfunded                        

actuarial accrued pension liabilities FOR BENEFITS PAID UNDER      5,150        

SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE.  If in any year   5,151        

the period necessary to amortize the unfunded actuarial accrued    5,153        

pension liability exceeds thirty years, as determined by the                    

annual actuarial valuation required by section 3307.20 3307.51 of  5,156        

the Revised Code, the board, not later than ninety days after      5,158        

receipt of the valuation, shall prepare and submit to the Ohio     5,159        

retirement study commission COUNCIL and the standing committees    5,160        

of the house of representatives and the senate with primary        5,161        

                                                          111    


                                                                 
responsibility for retirement legislation a report that includes   5,162        

the following information:                                         5,163        

      (A)  The number of years needed to amortize the unfunded     5,166        

actuarial accrued pension liability as determined by the annual    5,167        

actuarial valuation;                                                            

      (B)  A plan approved by the board that indicates how the     5,170        

board will reduce the amortization period of unfunded actuarial    5,171        

accrued pension liability to not more than thirty years.                        

      Sec. 3307.421 3307.513.  Not later than September 1, 2000,   5,181        

and each first day of September for the succeeding five years,     5,182        

the state teachers retirement board shall make and submit a        5,183        

report for the preceding fiscal year of the disability retirement  5,184        

experience of each employer.  The report shall specify the total   5,185        

number of disability applications submitted UNDER SECTION 3307.62  5,186        

OF THE REVISED CODE, the status of each application as of the      5,188        

last day of the fiscal year, total applications granted or         5,189        

denied, and the percentage of disability benefit recipients, AS    5,190        

DEFINED IN SECTION 3307.50 OF THE REVISED CODE, to the total       5,192        

number of the employer's employees who are members of the state    5,193        

teachers retirement system.  The report shall be submitted to the  5,194        

governor, the Ohio retirement study council, and the chairpersons  5,196        

of the standing committees and subcommittees of the senate and     5,197        

house of representatives with primary responsibility for           5,198        

retirement legislation.                                                         

      Sec. 3307.36 3307.52.  At THE TIME OF retirement UNDER THE   5,208        

PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED                    

CODE, the total service credited a teacher shall consist of all    5,210        

his THE TEACHER'S service as a teacher since he THE TEACHER last   5,211        

became a member and, if he THE TEACHER has a prior service         5,212        

certificate which is in full force and effect, all service         5,214        

certified on such prior service certificate, together with                      

purchased service credit as provided in section 3307.33 3307.741   5,215        

of the Revised Code.                                               5,216        

      Sec. 3307.31 3307.53.  The state teachers retirement board   5,225        

                                                          112    


                                                                 
shall credit a year of service to any teacher PARTICIPATING IN     5,227        

THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED   5,228        

CODE who is employed on a full-time basis in a school district     5,229        

for the number of months the regular day schools of such district  5,230        

are in session in said district within any year.  The board shall  5,231        

adopt appropriate rules and regulations for the determination of   5,232        

credit for less than a complete year of service, and shall be the  5,233        

final authority in determining the number of years of service      5,234        

credit.  The board shall credit not more than one year for all     5,235        

service rendered in any year.                                      5,236        

      If concurrent contributions are made to two or more          5,238        

retirement systems, service credit shall be on the basis of the    5,239        

ratio that contributions to this system bear to the total          5,240        

contributions in all such systems.                                 5,241        

      THE BOARD SHALL ADOPT RULES FOR THE PURPOSE OF DETERMINING   5,243        

THE NUMBER OF YEARS OR PARTIAL YEARS OF SERVICE CREDIT TO BE       5,244        

GRANTED TO A MEMBER UNDER SECTION 3307.88 OF THE REVISED CODE.     5,245        

THE AMOUNT OF SERVICE CREDIT SHALL BE BASED ON THE MEMBER'S        5,247        

LENGTH OF PARTICIPATION IN AND CONTRIBUTION TO A PLAN ESTABLISHED  5,248        

UNDER SECTION 3307.81 OF THE REVISED CODE.  THE BOARD SHALL BE     5,249        

THE FINAL AUTHORITY IN DETERMINING THE AMOUNT OF SERVICE CREDIT.   5,250        

      Sec. 3307.35 3307.54.  An employer may establish a           5,259        

retirement incentive plan for its employees who are members of     5,260        

the state teachers retirement system PARTICIPATING IN THE PLAN     5,261        

DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE.      5,262        

The plan shall provide for purchase by the employer of service     5,263        

credit for eligible employees who choose to participate in the     5,264        

plan and for payment by the employer of the entire cost of such    5,265        

service credit.  A plan established under this section shall       5,266        

remain in effect until terminated by the employer, except that,    5,267        

once established, the plan must remain in effect for at least one  5,268        

year.                                                                           

      An employee who is a member of the state teachers            5,270        

retirement system shall be eligible to participate in a            5,271        

                                                          113    


                                                                 
retirement incentive plan if the employee has attained age fifty   5,273        

and the employee agrees to retire and retires under section        5,274        

3307.38 3307.58 of the Revised Code effective within ninety days   5,276        

after receiving notice from the state teachers retirement system   5,277        

that service credit has been purchased for the member under this   5,278        

section.                                                                        

      Participation in the plan shall be available to all          5,280        

eligible employees except that the employer may limit the number   5,281        

of persons for whom it purchases credit in any calendar year to a  5,282        

specified percentage of its employees who, ON THE FIRST DAY OF     5,284        

JANUARY OF THAT YEAR, are members of the state teachers            5,285        

retirement system on the first day of January of that year         5,286        

PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO                      

3307.79 OF THE REVISED CODE.  The percentage shall not be less     5,287        

than five per cent of such employees.  If participation is         5,288        

limited, employees with a greater length of service with the       5,289        

employer have the right to elect to have credit purchased before   5,290        

employees with a lesser length of service with the employer.       5,291        

      The amount of service credit purchased for any participant   5,293        

shall be uniformly determined but shall not exceed the lesser of   5,294        

the following:                                                     5,295        

      (A)  Five years of service credit;                           5,297        

      (B)  An amount of service credit equal to one-fifth of the   5,299        

total service credited to the participant under FORMER sections    5,300        

3307.02, 3307.021, 3307.022, 3307.22, 3307.28, 3307.31, 3307.311,  5,301        

3307.32, 3307.41, 3307.411, 3307.412, 3307.512, 3307.513,          5,302        

3307.514, 3307.515, AND 3307.52, and 3307.73 OR SECTIONS 3307.53,  5,304        

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     5,306        

the Revised Code.                                                               

      For each year of service credit purchased under this         5,308        

section, the employer shall pay an amount specified by the state   5,309        

teachers retirement board equal to the additional liability        5,310        

resulting from the purchase of that year of service credit as      5,311        

                                                          114    


                                                                 
determined by an actuary employed by the board.  Payments shall    5,312        

be made in accordance with rules adopted by the board, and the     5,313        

board shall notify each member when the member is credited with    5,315        

service purchased under this section.                              5,316        

      No payment made to the state teachers retirement system      5,318        

under this section shall affect any payment required by section    5,319        

3307.53 3307.28 of the Revised Code.                               5,320        

      Sec. 3307.46 3307.56.  (A)(1)  Subject to sections 3307.47   5,330        

3307.37 and 3307.72 3307.561 of the Revised Code, a member         5,331        

PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO         5,332        

3307.79 OF THE REVISED CODE who ceases to be a teacher for any                  

cause other than death, retirement, receipt of a disability        5,335        

benefit, or election of an alternative retirement plan under       5,336        

section 3305.05 of the Revised Code, upon application, shall be                 

paid the accumulated contributions standing to the credit of the   5,338        

member's individual account in the teachers' savings fund plus an  5,339        

amount calculated in accordance with section 3307.80 3307.563 of   5,340        

the Revised Code.   If the member or the member's legal            5,342        

representative cannot be found within ten years after the member   5,344        

ceased making contributions pursuant to section 3307.51 3307.26    5,345        

of the Revised Code, the accumulated contributions may be          5,348        

transferred to the guarantee fund and thereafter paid to the       5,349        

member, to the member's beneficiaries, or to the member's estate,  5,350        

upon proper application.                                                        

      (2)  A member described in division (A)(1) of this section   5,353        

who is married at the time of application for payment and is                    

eligible for age and service retirement under section 3307.38      5,354        

3307.58 or 3307.39 3307.59 of the Revised Code shall submit with   5,357        

the application a written statement by the member's spouse                      

attesting that the spouse consents to the payment of the member's  5,358        

accumulated contributions.  Consent shall be valid only if it is   5,359        

signed and witnessed by a notary public.  If the statement is not  5,361        

submitted under this division, the application shall be                         

considered an application for service retirement and shall be      5,362        

                                                          115    


                                                                 
subject to division (F)(1) of section 3307.50 3307.60 of the       5,363        

Revised Code.                                                      5,364        

      (B)  This division applies to any member who ceases to be a  5,367        

teacher by electing an alternative retirement plan pursuant to     5,368        

section 3305.05 of the Revised Code and who is not otherwise       5,369        

employed as a teacher in a position to which the election does     5,370        

not apply.  For purposes of this division, "continuously           5,371        

employed" has the same meaning as in section 3305.01 of the        5,372        

Revised Code.                                                      5,373        

      (1)  Subject to sections 3307.47 3307.37 and 3307.72         5,375        

3307.561 of the Revised Code, upon application of any member to    5,378        

whom this division applies who is continuously employed, the       5,379        

state teachers retirement board shall pay the accumulated          5,380        

contributions standing to the credit of the member's individual    5,381        

account in the teachers' savings fund plus an amount calculated    5,382        

in accordance with section 3307.80 3307.563 of the Revised Code    5,383        

to the entity providing the alternative retirement plan for        5,385        

application to that plan in accordance with any contract the       5,386        

member has entered into for purposes of that plan.                 5,387        

      (2)  Subject to sections 3307.47 3307.37 and 3307.72         5,389        

3307.561 of the Revised Code, upon application of any member to    5,392        

whom this division applies who has ceased to be continuously       5,393        

employed, the state teachers retirement board shall pay the        5,394        

accumulated contributions standing to the credit of the member's   5,395        

individual account in the teachers' savings fund plus an amount    5,397        

calculated in accordance with section 3307.80 3307.563 of the      5,399        

Revised Code to the entity providing the alternative retirement    5,400        

plan for application to that plan in accordance with any contract  5,401        

the member has entered into for purposes of that plan.             5,402        

      Sec. 3307.47 3307.561.  A member of the state teachers       5,411        

retirement system PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS  5,412        

3307.50 TO 3307.79 OF THE REVISED CODE who has ceased to be a      5,414        

teacher, and who is also a member of either the public employees                

retirement system or the school employees retirement system, or    5,415        

                                                          116    


                                                                 
both, may not withdraw his THE MEMBER'S accumulated contributions  5,417        

unless he THE MEMBER also withdraws his THE MEMBER'S               5,418        

contributions from such THE other systems.                         5,419        

      Sec. 3307.48 3307.562.  (A)  As used in this section and     5,428        

section 3307.49 3307.66 of the Revised Code:                       5,430        

      (1)  "Child" means a biological or legally adopted child of  5,434        

a deceased member.  If a court hearing for an interlocutory        5,435        

decree for adoption was held prior to the member's death, "child"  5,436        

includes the child who was the subject of the hearing if a final   5,437        

decree of adoption adjudging the member's spouse as the adoptive   5,438        

parent is made subsequent to the member's death.                   5,439        

      (2)  "Parent" is a parent or legally adoptive parent of a    5,442        

deceased member.                                                   5,443        

      (3)  "Dependent" means a beneficiary who receives one-half   5,445        

of the beneficiary's support from a member during the twelve       5,446        

months prior to the member's death.                                5,447        

      (4)  "Surviving spouse" means an individual who establishes  5,450        

a valid marriage to a member at the time of the member's death by  5,451        

marriage certificate or pursuant to division (E) of this section.  5,452        

      (5)  "Survivor" means a spouse, child, or dependent parent.  5,455        

      (B)  Except as provided in division (G)(1)(B) of section     5,458        

3307.49 3307.563 or division (B)(G)(1) of section 3307.80 3307.66  5,460        

of the Revised Code, should a member WHO IS PARTICIPATING IN THE   5,461        

PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE  5,462        

die before service retirement, the member's accumulated            5,463        

contributions, plus an amount calculated in accordance with        5,464        

section 3307.80 3307.563 of the Revised Code, and any amounts      5,465        

owed and unpaid to a disability benefit recipient shall be paid    5,466        

to such beneficiaries as the member has nominated by written       5,468        

designation signed by the member and filed with the state          5,470        

teachers retirement board prior to death.  The nomination of       5,471        

beneficiary shall be on a form provided by the retirement board.                

The last nomination of any beneficiary revokes all previous        5,473        

nominations.  The member's marriage, divorce, marriage             5,474        

                                                          117    


                                                                 
dissolution, legal separation, or withdrawal of account, or the    5,475        

birth of the member's child, or the member's adoption of a child,  5,476        

shall constitute an automatic revocation of the member's previous  5,477        

designation.  If a deceased member was also a member of the        5,478        

public employees retirement system or the school employees         5,479        

retirement system, the beneficiary last established among the                   

systems shall be the sole beneficiary in all the systems.          5,480        

      Any beneficiary ineligible for monthly survivor benefits as  5,482        

provided by section 3307.49 3307.66 of the Revised Code may waive  5,484        

in writing all claim to any benefits and such waiver shall         5,485        

thereby put in effect the succession of beneficiaries under        5,486        

division (C) of this section, provided the beneficiary thereunder  5,487        

is immediately eligible and agrees in writing to accept survivor   5,488        

benefits as provided by section 3307.49 3307.66 of the Revised     5,489        

Code.  If the accumulated contributions of a deceased member are   5,491        

not claimed by a beneficiary, or by the estate of the deceased     5,492        

member, within ten years, they shall be transferred to the         5,493        

guarantee fund and thereafter paid to such beneficiary or to the   5,494        

member's estate upon application to the board.  The board shall    5,495        

formulate and adopt rules governing all designations of            5,496        

beneficiaries.                                                     5,497        

      (C)  Except as provided in division (G)(1) of section        5,499        

3307.49 3307.66 of the Revised Code, if a member dies before       5,500        

service retirement and is not survived by a designated             5,503        

beneficiary, any beneficiaries shall qualify, in the following     5,504        

order of precedence, with all attendant rights and privileges:     5,505        

      (1)  Surviving spouse;                                       5,507        

      (2)  Children, share and share alike;                        5,509        

      (3)  A dependent parent, if that parent elects to take       5,511        

survivor benefits under division (C)(2) of section 3307.49         5,512        

3307.66 of the Revised Code;                                       5,514        

      (4)  Parents, share and share alike;                         5,516        

      (5)  Estate.                                                 5,518        

      If any survivor dies before payment is made under this       5,520        

                                                          118    


                                                                 
section or is not located prior to the ninety-first day after the  5,521        

board receives notification of the member's death, the survivor    5,522        

next in order of precedence shall qualify as a beneficiary,        5,523        

provided that benefits under division (C)(2) of section 3307.49    5,524        

3307.66 of the Revised Code are elected.  In the event that the    5,525        

beneficiary originally determined is subsequently located, the     5,526        

beneficiary may qualify for benefits under division (C)(2) of      5,527        

section 3307.49 3307.66 of the Revised Code upon meeting the       5,528        

conditions of eligibility set forth in division (B) of that        5,530        

section, but in no case earlier than the first day of the month    5,531        

following application by such beneficiary.  Any payment made to a  5,532        

beneficiary as determined by the board shall be a full discharge   5,533        

and release to the board from any future claims.                   5,534        

      (D)  Any amount due any person, as an annuitant, receiving   5,536        

a monthly benefit, and unpaid to the annuitant at death, shall be  5,538        

paid to the beneficiary named by written designation signed by                  

the annuitant and filed with the board.  If no such designation    5,540        

has been filed, or if the beneficiary designated is deceased or                 

is not located prior to the ninety-first day after the board       5,541        

receives notification of the annuitant's death, such amount shall  5,542        

be paid, in the following order of precedence to the annuitant's:  5,543        

      (1)  Surviving spouse;                                       5,545        

      (2)  Children, share and share alike;                        5,547        

      (3)  Parents, share and share alike;                         5,549        

      (4)  Estate.                                                 5,551        

      For purposes of this division an "annuitant" is the last     5,553        

person who received a monthly benefit pursuant to the plan of      5,554        

payment selected by the former member.  Such payment shall be a    5,555        

full discharge and release to the board from any future claim for  5,556        

such payment.                                                      5,557        

      (E)  If the validity of marriage cannot be established to    5,559        

the satisfaction of the board for the purpose of disbursing any    5,560        

amount due under this section or section 3307.49 3307.66 of the    5,562        

Revised Code, the board may accept a decision rendered by a court  5,563        

                                                          119    


                                                                 
having jurisdiction in the state in which the member was           5,564        

domiciled at the time of death that the relationship constituted   5,565        

a valid marriage at the time of death, or the "spouse" would have  5,566        

the same status as a widow or widower for purposes of sharing the  5,567        

distribution of the member's intestate personal property.          5,568        

      If the death of a member is caused by one of the following   5,571        

beneficiaries, no amount due under this chapter to the             5,572        

beneficiary shall be paid to the beneficiary in the absence of a   5,573        

court order to the contrary filed with the board:                  5,574        

      (1)  A beneficiary who is convicted of, pleads guilty to,    5,576        

or is found not guilty by reason of insanity of a violation of or  5,578        

complicity in the violation of either of the following:            5,579        

      (a)  Section 2903.01, 2903.02, or 2903.03 of the Revised     5,582        

Code;                                                                           

      (b)  An existing or former law of any other state, the       5,585        

United States, or a foreign nation that is substantially           5,587        

equivalent to section 2903.01, 2903.02, or 2903.03 of the Revised  5,589        

Code;                                                              5,590        

      (2)  A beneficiary who is indicted for a violation of or     5,592        

complicity in the violation of the sections or laws described in   5,593        

division (F)(1)(a) or (b) of this section and is adjudicated       5,595        

incompetent to stand trial;                                                     

      (3)  A beneficiary who is a juvenile found to be a           5,597        

delinquent child by reason of committing an act that, if           5,598        

committed by an adult, would be a violation of or complicity in    5,599        

the violation of the sections or laws described in division        5,601        

(F)(1)(a) or (b) of this section.                                  5,602        

      Sec. 3307.80 3307.563.  For the purposes of this section,    5,611        

"service credit" includes only service credit obtained pursuant    5,613        

to sections 3307.28 3307.53, 3307.31 3307.71, 3307.512 3307.72,    5,615        

and 3307.73 3307.77 of the Revised Code.                                        

      (A)  The state teachers retirement system shall add to a     5,617        

member's accumulated contributions to be paid under section        5,618        

3307.46 3307.56 or 3307.48 3307.562 of the Revised Code an amount  5,621        

                                                          120    


                                                                 
paid from the employers' trust fund equal to one of the                         

following:                                                                      

      (1)  If the member has less than three full years of         5,623        

service credit, an amount equal to interest on the member's        5,624        

accumulated contributions, compounded annually, at a rate not      5,626        

greater than four per cent established by the board;                            

      (2)  If the member has three or more full years of service   5,628        

credit, but less than five full years, an amount equal to          5,629        

interest on the member's accumulated contributions, compounded     5,631        

annually, at a rate not greater than six per cent established by                

the board;                                                         5,632        

      (3)  If the member has five or more full years of service    5,634        

credit, the sum of the following amounts:                          5,635        

      (a)  An amount equal to interest on the member's             5,637        

accumulated contributions, compounded annually, at a rate not      5,639        

greater than six per cent established by the board;                5,640        

      (b)  An amount equal to fifty per cent of the sum of the     5,642        

member's contributions and payments under sections 3307.28         5,643        

3307.26, 3307.51 3307.71, and 3307.512 3307.77 of the Revised      5,645        

Code plus an amount equal to interest on that amount at a rate     5,646        

not greater than six per cent established by the board.            5,648        

      Interest for each year included in the calculation under     5,650        

this section shall be calculated from the first day of the         5,651        

following year to the last day of the month preceding payment      5,653        

under section 3307.46 3307.56 or 3307.48 3307.562 of the Revised   5,654        

Code.                                                                           

      (B)  Notwithstanding sections 3307.46 3307.56 and 3307.48    5,657        

3307.562 of the Revised Code, neither the beneficiaries,           5,658        

survivors, nor estate of a deceased member who was granted                      

disability benefits prior to death is eligible for the payment of  5,659        

any amount calculated under this section.                          5,660        

      Sec. 3307.41 3307.57.  To coordinate and integrate           5,669        

membership in the state retirement systems, the following          5,671        

provisions apply:                                                               

                                                          121    


                                                                 
      (A)  As used in this section:                                5,673        

      (1)  "Retirement systems" means the public employees         5,675        

retirement system, the state teachers retirement system, and the   5,676        

school employees retirement system.                                5,677        

      (2)  In addition to the meaning given in division (L) of     5,679        

section 3307.01 3307.50 of the Revised Code, "disability benefit"  5,681        

means "disability benefit" as defined in sections 145.01 and       5,682        

3309.01 of the Revised Code.                                       5,683        

      (B)  At the member's option OF A MEMBER PARTICIPATING IN     5,685        

THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED   5,686        

CODE, total contributions and service credit in all retirement     5,687        

systems, including amounts paid to restore service credit under    5,688        

sections 145.311, 3307.282, and 3309.261 of the Revised Code,      5,689        

shall be used in determining the eligibility for benefits.  If     5,690        

total contributions and service credit are combined, the           5,691        

following provisions apply:                                                     

      (1)  Service retirement or a disability benefit is           5,693        

effective on the first day of the month next following the later   5,694        

of:                                                                5,695        

      (a)  The last day for which compensation was paid;           5,697        

      (b)  The attainment of minimum age or service credit for     5,699        

benefits provided under this section.                              5,700        

      (2)  "Total service credit" includes the total credit in     5,702        

all retirement systems except that such credit shall not exceed    5,703        

one year for any period of twelve months.                          5,704        

      (3)  In determining eligibility for a disability benefit,    5,706        

the medical examiner's report to the board of any retirement       5,707        

system, showing that the member's disability incapacitates the     5,708        

member for the performance of duty, may be accepted as sufficient  5,710        

for granting a disability benefit.                                 5,711        

      (4)  The retirement system in which the member had the       5,713        

greatest service credit, without adjustment, shall determine and   5,714        

pay the total benefit.  If the member's credit is equal in two or  5,716        

more retirement systems, the system having the member's largest    5,717        

                                                          122    


                                                                 
total contributions shall determine and pay the total benefit.     5,718        

      (5)  In determining the total credit to be used in           5,720        

calculating a benefit, credit shall not be reduced below that      5,721        

certified by the system or systems transferring credit, except     5,722        

that such total combined service credit shall not exceed one year  5,723        

of credit for any one "year" as defined in the statute governing   5,724        

the system making the calculation.                                 5,725        

      (6)  The retirement system determining and paying the        5,727        

benefit shall receive from the other system or systems the         5,728        

member's refundable account at retirement or the effective date    5,729        

of a disability benefit plus an equal amount from the employers'   5,730        

trust fund.                                                        5,731        

      (a)  The annuity rates and mortality tables of the           5,733        

retirement system making the calculation and paying the benefit    5,734        

shall be applicable.                                               5,735        

      (b)  Deposits made for the purchase of additional income,    5,737        

with guaranteed interest, upon the member's request, shall be      5,738        

transferred to the retirement system paying the regular benefit.   5,739        

The return upon such deposits shall be that offered by the         5,740        

retirement system making the calculation and paying the regular    5,741        

benefit.                                                           5,742        

      (C)  A person receiving a benefit under this section, who    5,744        

accepts employment amenable to coverage in any retirement system   5,745        

that participated in the person's combined benefit, shall be       5,746        

subject to the applicable provisions of law governing such         5,748        

re-employment.  If the person is subject to section 3307.381       5,749        

3307.35 of the Revised Code and exceeds the limits on              5,750        

re-employment established by that section, the retirement system   5,751        

paying a combined benefit shall terminate the entire pension       5,752        

portion of the benefit for the period of re-employment that        5,753        

exceeds the limit in that section.                                              

      If a retirant should be paid any amount to which the         5,755        

retirant is not entitled under the applicable provisions of law    5,757        

governing such re-employment, such amount shall be recouped by     5,758        

                                                          123    


                                                                 
the retirement system paying such benefit by utilizing any         5,759        

recovery procedure available under the law of the retirement       5,760        

system covering such re-employment.                                5,761        

      Sec. 3307.38 3307.58.  Any member PARTICIPATING IN THE PLAN  5,770        

DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE who   5,771        

has five years of service credit and has attained age sixty, or    5,773        

who has twenty-five years of service credit and has attained age   5,774        

fifty-five, or who has thirty years of service credit shall be     5,775        

granted service retirement after filing with the state teachers    5,776        

retirement board a completed application on a form approved by     5,777        

the board.                                                                      

      (A)  Service retirement shall be effective on the first day  5,779        

of the month next following the later of:                          5,780        

      (1)  The last day for which compensation was paid; or        5,782        

      (2)  The attainment of minimum age or service credit         5,784        

eligibility for benefits provided under this section.              5,785        

      Except as otherwise provided in division (D)(E) of this      5,787        

section, the service retirement benefit shall be the greater of    5,788        

the benefits provided in divisions (B) and (C)(D) of this          5,789        

section.                                                           5,790        

      (B)(1)  Subject to any adjustment made under division        5,792        

(B)(2)(C) of this section, the annual single lifetime benefit of   5,794        

a member shall be the greater of the amounts determined by the     5,795        

member's Ohio service credit multiplied by one of the following:   5,797        

      (a)(1)  Eighty-six dollars;                                  5,799        

      (b)  Two (2)(a)  THE SUM OF THE FOLLOWING AMOUNTS:           5,801        

      (i)  FOR EACH OF THE FIRST THIRTY YEARS OF OHIO SERVICE      5,803        

CREDIT, TWO and one-tenth TWO-TENTHS per cent of the member's      5,805        

final average salary, except that OR, SUBJECT TO THE LIMITATION    5,807        

DESCRIBED IN DIVISION (B)(2)(b) OF THIS SECTION, TWO AND           5,808        

FIVE-TENTHS PER CENT OF THE MEMBER'S FINAL AVERAGE SALARY IF THE   5,809        

MEMBER HAS THIRTY-FIVE OR MORE YEARS OF SERVICE CREDIT UNDER       5,810        

SECTION 3307.53, 3307.57, 3307.75, 3307.751, 3307.752, 3307.761,   5,812        

3307.77, OR 3307.771 OF THE REVISED CODE, DIVISION (A)(2) OR (B)   5,813        

                                                          124    


                                                                 
OF FORMER SECTION 3307.513 OF THE REVISED CODE, FORMER SECTION     5,814        

3307.514 OF THE REVISED CODE, SECTION 3307.72 OF THE REVISED CODE  5,815        

EARNED AFTER JULY 1, 1978, OR ANY COMBINATION OF SERVICE CREDIT    5,816        

UNDER THOSE SECTIONS;                                                           

      (ii)  FOR EACH YEAR OR FRACTION OF A YEAR OF OHIO SERVICE    5,818        

CREDIT IN EXCESS OF THIRTY YEARS, TWO AND TWO-TENTHS PER CENT OF   5,820        

THE MEMBER'S FINAL AVERAGE SALARY OR, SUBJECT TO THE LIMITATION    5,822        

DESCRIBED IN DIVISION (B)(2)(b) OF THIS SECTION, if the member     5,824        

has more than thirty years service credit earned under section     5,825        

3307.31 or purchased under section 3307.512 3307.53, 3307.57,      5,829        

3307.75, 3307.751, 3307.752, 3307.761, 3307.77, OR 3307.771 of     5,830        

the Revised Code, the per cent shall be DIVISION (A)(2) OR (B) OF  5,832        

FORMER SECTION 3307.513 OF THE REVISED CODE, FORMER SECTION        5,833        

3307.514 OF THE REVISED CODE, SECTION 3307.72 OF THE REVISED CODE               

EARNED AFTER JULY 1, 1978, OR ANY COMBINATION OF SERVICE CREDIT    5,834        

UNDER THOSE SECTIONS, the per cent OF FINAL AVERAGE SALARY shown   5,836        

in the following schedule times the member's final average salary  5,838        

for each corresponding year or fraction of a year of service       5,839        

credit earned or purchased under those sections that is in excess  5,841        

of thirty years:                                                                

     Year             Per              Year             Per        5,844        

      of              Cent              of              Cent       5,845        

   Service          for that         Service          for that     5,847        

    Credit            Year            Credit            Year       5,848        

30.01-3100 31.00      2.5%        37.01-3800 38.00      3.2%       5,850        

31.01-3200 32.00      2.6         38.01-3900 39.00      3.3        5,852        

 32.01-33.00          2.7          39.01-40.00          3.4        5,853        

 33.01-34.00          2.8          40.01-41.00          3.5        5,854        

 34.01-35.00          2.9          41.01-42.00          3.6        5,855        

 35.01-36.00          3.0          42.01-43.00          3.7        5,856        

 36.01-37.00          3.1                                          5,857        

For purposes of this schedule, years of service credit shall be    5,861        

rounded to the nearest one-hundredth of a year.                                 

      (b)  FOR PURPOSES OF DIVISION (B)(2)(a) OF THIS SECTION, A   5,864        

                                                          125    


                                                                 
PERCENTAGE OF FINAL AVERAGE SALARY IN EXCESS OF TWO AND            5,865        

TWO-TENTHS PER CENT SHALL BE APPLIED TO SERVICE CREDIT UNDER       5,866        

SECTION 3307.57 OR 3307.761 OF THE REVISED CODE ONLY IF THE        5,867        

SERVICE CREDIT WAS ESTABLISHED BY CONTRIBUTIONS MADE UNDER         5,868        

SECTION 145.47, 742.31, 3309.47, 3309.58, OR 5505.15 OF THE        5,869        

REVISED CODE OR RESTORED UNDER SECTION 145.31, 742.371, 3309.26,   5,870        

OR 5505.20 OF THE REVISED CODE.                                                 

      (2)(C)  The annual single lifetime benefit of a member       5,872        

determined under division (B)(1) of this section shall be          5,873        

adjusted by the greater per cent shown in the following schedule   5,874        

opposite the member's attained age or Ohio service credit.         5,875        

                         Years of               Per Cent           5,877        

Attained      or        Ohio Service            of Base            5,878        

  Age                     Credit                 Amount            5,879        

  58                        25                    75%              5,880        

  59                        26                    80               5,881        

  60                        27                    85               5,882        

  61                                              88               5,883        

                            28                    90               5,884        

  62                                              91               5,885        

  63                                              94               5,886        

                            29                    95               5,887        

  64                                              97               5,888        

  65                    30 or more               100               5,889        

      Members shall vest the right to a benefit in accordance      5,892        

with the following schedule, based on the member's attained age    5,893        

by September 1, 1976:                                              5,894        

                                             Per Cent              5,896        

        Attained                             of Base               5,897        

          Age                                 Amount               5,898        

           66                                  102%                5,900        

           67                                  104                 5,901        

           68                                  106                 5,902        

           69                                  108                 5,903        

                                                          126    


                                                                 
       70 or more                              110                 5,904        

      (3)  The annual single lifetime benefit determined under     5,907        

this division (B) OF THIS SECTION shall not exceed the lesser of   5,909        

one hundred per cent of the final average salary or the limit      5,911        

established by section 415 of the "Internal Revenue Code of        5,912        

1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended.                5,913        

      (C)(D)  The annual single lifetime benefit of a member       5,915        

shall not exceed the lesser of the sum of the following amounts    5,916        

or the limit established by section 415 of the "Internal Revenue   5,917        

Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended:        5,918        

      (1)  An annuity with a reserve equal to the member's         5,920        

accumulated contributions;                                         5,921        

      (2)  A pension equal to the amount in division (C)(D)(1) of  5,923        

this section;                                                      5,924        

      (3)  An additional pension of forty dollars annually         5,926        

multiplied by the number of years of prior and military service    5,927        

credit, except years of credit purchased under section 3307.021    5,928        

3307.751 OR 3307.752 of the Revised Code;                          5,931        

      (4)  An additional basic annual pension of one hundred       5,933        

eighty dollars, provided the member had ten or more years of Ohio  5,934        

service credit as of October 1, 1956, except that the additional   5,936        

basic annual pension shall not exceed the sum of the annual                     

benefits provided by divisions (C)(D)(1), (2), and (3) of this     5,937        

section.                                                           5,938        

      (D)(E)  Benefits determined under this section shall be      5,940        

paid as provided in section 3307.50 3307.60 of the Revised Code.   5,941        

      Sec. 3307.39 3307.59.  (A)  A recipient of a disability      5,950        

allowance under section 3307.431 3307.631 of the Revised Code who  5,952        

is subject to division (C)(3) of that section may make             5,954        

application for service retirement under this section.             5,955        

Retirement shall be effective on the first day of the first month  5,956        

following the last day for which the disability allowance is       5,957        

paid.                                                                           

      (B)  The annual allowance payable under this section shall   5,959        

                                                          127    


                                                                 
consist of the sum of the amounts determined under divisions       5,960        

(B)(1) and (2) of this section:                                    5,961        

      (1)  The greater of the following:                           5,963        

      (a)  An allowance calculated as provided in section 3307.38  5,965        

3307.58 of the Revised Code, excluding any period during which     5,966        

the applicant received a disability benefit under section          5,967        

3307.431 3307.631 of the Revised Code;                             5,969        

      (b)  An allowance calculated by multiplying the applicant's  5,971        

total service credit, including service credit for the last        5,972        

continuous period during which he THE APPLICANT received a         5,973        

disability benefit under section 3307.431 3307.631 of the Revised  5,975        

Code, by two and one-tenth TWO-TENTHS per cent of his THE          5,976        

APPLICANT'S final average salary, except that the allowance shall  5,979        

be determined without application of division (B) of section       5,980        

3307.013 3307.501 of the Revised Code and shall not exceed         5,981        

forty-five per cent of the applicant's final average salary.       5,982        

      (2)  An amount equal to the additional allowance the         5,984        

recipient would receive under section 3307.403 3307.67 of the      5,985        

Revised Code, plus any other additional amount he THE RECIPIENT    5,987        

would receive under this chapter, had he THE RECIPIENT retired     5,989        

under section 3307.38 3307.58 of the Revised Code effective on     5,991        

the effective date of his THE RECIPIENT'S most recent continuous   5,993        

period of receipt of a disability benefit under section 3307.431   5,994        

3307.631 of the Revised Code.                                                   

      (C)  The allowance calculated under division (B) of this     5,996        

section, exclusive of any amount added under division (B)(2) of    5,997        

this section based on section 3307.403 3307.67 of the Revised      5,998        

Code, shall be the base for all future additional allowances       6,000        

under section 3307.403 3307.67 of the Revised Code.                6,001        

      The anniversary date for future additional allowances under  6,003        

section 3307.403 3307.67 of the Revised Code shall be the          6,004        

effective date of the recipient's most recent continuous period    6,006        

of receipt of a disability benefit under section 3307.431          6,007        

3307.631 of the Revised Code.                                      6,008        

                                                          128    


                                                                 
      (D)  The retirement allowance determined under this section  6,010        

shall be paid as provided in section 3307.38 3307.58 of the        6,011        

Revised Code.                                                      6,012        

      Sec. 3307.50 3307.60.  (A)  Upon application for retirement  6,021        

as provided in section 3307.38 3307.58 or 3307.39 3307.59 of the   6,023        

Revised Code, the retirant may elect to receive a single lifetime  6,024        

benefit, or may elect to receive the actuarial equivalent of the   6,026        

retirant's benefit in a lesser amount, payable for life, and       6,027        

continuing after death to a beneficiary under one of the           6,029        

following optional plans:                                                       

      (1)  Option 1.  The retirant's lesser benefit shall be paid  6,031        

for life to the sole beneficiary named at retirement.              6,033        

      (2)  Option 2.  Some other portion of the retirant's         6,035        

benefit shall be paid for life to the sole beneficiary named at    6,037        

retirement.  The beneficiary's monthly amount shall not exceed     6,039        

the monthly amount payable to the retirant during the retirant's   6,040        

lifetime.                                                                       

      (3)  Option 3.  The retirant's lesser benefit established    6,042        

as provided under option 1 or option 2 shall be paid for life to   6,044        

the sole beneficiary named at retirement, except that in the       6,046        

event of the death of the sole beneficiary or termination of a     6,047        

marital relationship between the retirant and the sole             6,048        

beneficiary the retirant may elect to return to a single lifetime  6,049        

benefit equivalent as determined by the state teachers retirement  6,050        

board, if, in the case of termination of a marital relationship,   6,052        

the election is made with the written consent of the beneficiary   6,053        

or pursuant to an order of the court with jurisdiction over        6,054        

termination of the marital relationship.                           6,055        

      (4)  Option 4.  Upon the retirant's death before the         6,057        

expiration of a certain period from the retirement date and        6,059        

elected by the retirant, and approved by the board, the            6,061        

retirant's benefit shall be continued for the remainder of such    6,063        

period to the beneficiary.  Monthly benefits shall not be paid to  6,064        

joint beneficiaries, but they may receive the present value of     6,065        

                                                          129    


                                                                 
any remaining payments in a lump sum settlement.  If all           6,066        

beneficiaries die before the expiration of the certain period,     6,067        

the present value of all payments yet remaining in such period     6,068        

shall be paid to the estate of the beneficiary last receiving.     6,069        

      (5)  Option 5.  A plan of payment established by the state   6,071        

teachers retirement board combining any of the features of         6,072        

options 1, 2, and 4.                                               6,073        

      (B)  Until the first payment is made to a former member      6,075        

under section 3307.38 3307.58 or 3307.39 3307.59 of the Revised    6,077        

Code, the former member may change the selection of a plan of      6,079        

payment.  If death occurs prior to an election of a plan of        6,081        

payment, option 1 shall be paid to the spouse or other sole        6,082        

dependent beneficiary.                                                          

      (C)  If the total benefit paid under this section is less    6,084        

than the balance in the teachers' savings fund, the difference     6,086        

shall be paid to the beneficiary provided under division (D) of    6,087        

section 3307.48 3307.562 of the Revised Code.                      6,088        

      (D)  In the case of a retirant who elected an optional plan  6,090        

prior to September 15, 1989:                                       6,091        

      (1)  The death of the spouse or other designated             6,093        

beneficiary following retirement shall, at the election of the     6,094        

retirant, cancel any optional plan selected at retirement to       6,095        

provide continuing lifetime benefits to the spouse or other        6,096        

beneficiary and return the retirant to a single lifetime benefit   6,098        

equivalent as determined by the board.                                          

      (2)  A divorce, annulment, or marriage dissolution shall,    6,100        

at the election of the retirant, cancel any optional plan          6,101        

selected at retirement to provide continuing lifetime benefits to  6,102        

the spouse as designated beneficiary and return the retirant to a  6,104        

single lifetime benefit equivalent as determined by the board if   6,106        

the election is made with the written consent of the beneficiary   6,107        

or pursuant to an order of a court of common pleas or the court    6,108        

of another state with jurisdiction over the termination of the     6,109        

marriage.                                                                       

                                                          130    


                                                                 
      (E)  Following marriage or remarriage, a retirant may elect  6,111        

a new optional plan of payment based on the actuarial equivalent   6,112        

of the retirant's single lifetime benefit, as determined by the    6,114        

board, except that if the retirant is receiving a retirement       6,115        

allowance under an optional plan that provides for continuation    6,116        

of benefits after death to a former spouse, the retirant may       6,117        

elect a new optional plan of payment only with the written         6,118        

consent of the former spouse or pursuant to an order of the court  6,119        

with jurisdiction over the termination of the marriage.  Such      6,120        

plan shall become effective the first of the month following an    6,121        

application on a form approved by the board.                       6,122        

      (F)(1)  Unless one of the following occurs, an application   6,124        

for service retirement made pursuant to section 3307.38 3307.58    6,125        

or 3307.39 3307.59 of the Revised Code by a married person shall   6,127        

be considered an election of a benefit under option 2 as provided  6,128        

for in division (A)(2) of this section under which one-half of     6,129        

the lesser benefit payable during the life of the retirant will    6,130        

be paid after death to the retirant's spouse for life as sole      6,131        

beneficiary:                                                                    

      (a)  The retirant selects an optional plan under division    6,133        

(A) of this section providing for payment after death to the       6,135        

retirant's spouse for life as sole beneficiary of more than        6,136        

one-half of the lesser benefit payable during the life of the      6,137        

retirant.                                                                       

      (b)  The retirant submits to the retirement board a written  6,139        

statement signed by the spouse attesting that the spouse consents  6,140        

to the retirant's election to receive a single lifetime annuity    6,143        

or a payment under an optional benefit plan under which after the  6,144        

death of the retirant the surviving spouse will receive less than  6,145        

one-half of the lesser benefit payable during the life of the      6,146        

retirant.                                                                       

      (2)  An application for retirement shall include an          6,148        

explanation of all of the following:                               6,149        

      (a)  That, if the member is married, unless the spouse       6,152        

                                                          131    


                                                                 
consents to another plan of payment, the member's retirement       6,153        

allowance will be paid under "option 2" and consist of the         6,154        

actuarial equivalent of the member's retirement allowance in a     6,155        

lesser amount payable for life and one-half of the lesser          6,156        

allowance continuing after death to the surviving spouse for the                

life of the spouse;                                                6,157        

      (b)  A description of the alternative plans of payment       6,160        

available with the consent of the spouse;                                       

      (c)  That the spouse may consent to another plan of payment  6,163        

and the procedure for giving consent;                                           

      (d)  That consent is irrevocable once notice of consent is   6,165        

filed with the board.                                              6,166        

      Consent shall be valid only if it is signed, in writing,     6,168        

and witnessed by a notary public.                                  6,169        

      (3)  If the retirant does not select an optional plan of     6,171        

payment as described in division (F)(1)(a) of this section and     6,172        

the board does not receive the written statement provided for in   6,173        

division (F)(1)(b) of this section, it shall determine and pay     6,174        

the retirement allowance in accordance with this division, except  6,176        

that the board may provide by rule for waiver by the board of the  6,177        

statement and payment of the benefits other than in accordance     6,178        

with this division or payment under section 3307.46 3307.56 of     6,179        

the Revised Code if the retirant is unable to obtain the           6,182        

statement due to absence or incapacity of the spouse or other      6,183        

cause specified by the board.                                      6,184        

      (G)  For the purpose of determining actuarial equivalence    6,186        

under this section, on the advice of an actuary employed by the    6,187        

board, the board shall adopt mortality tables that may take into   6,188        

consideration the membership experience of the state teachers      6,189        

retirement system and may also include the membership experience   6,190        

of the public employees retirement system and the school           6,191        

employees retirement system.                                       6,192        

      Sec. 3307.405 3307.61.  The board of the state teachers      6,201        

retirement system BOARD shall make available to each member or     6,203        

                                                          132    


                                                                 
former member receiving a monthly allowance or benefit UNDER       6,205        

SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE on or after        6,206        

January 1, 1968, who has attained the age of sixty-five years,     6,207        

and who is not eligible to receive hospital insurance benefits     6,208        

under the federal old age, survivors, and disability insurance     6,209        

program, hospital insurance coverage substantially equivalent to   6,210        

the federal hospital insurance benefits, Social Security           6,211        

Amendments of 1965, 79 Stat. 291, 42 U.S.C.A. 1395c, as amended.   6,212        

This coverage shall also be made available, to the wife, husband,  6,213        

widow, or widower of such member or former member, provided such   6,214        

wife, husband, widow, or widower has attained age sixty-five and   6,215        

is not eligible to receive hospital insurance benefits under the   6,216        

federal old age, survivors, and disability insurance program.      6,217        

The widow or widower of a member or former member shall be         6,218        

eligible for such coverage only if he or she is the recipient of   6,219        

a monthly allowance or benefit from this system.  One-half of the  6,220        

cost of the premium for such coverage shall be paid from the       6,221        

appropriate funds of the state teachers retirement system and      6,222        

one-half by the recipient of the allowance or benefit.             6,223        

      The cost of such coverage, paid from the funds of the        6,225        

system, shall be included in the employer's contribution rate      6,226        

provided by sections 3307.53 3307.28, 3307.56 3307.30, and         6,228        

3307.64 3307.31 of the Revised Code.  The retirement board is      6,229        

authorized to make all necessary rules pursuant to the purpose     6,230        

and intent of this section, and shall contract for such coverage   6,231        

as provided in section 3307.74 3307.39 of the Revised Code.        6,233        

      Notwithstanding sections 3307.53 3307.28, 3307.56 3307.30,   6,236        

and 3307.64 3307.31 of the Revised Code, the employer's            6,237        

contribution rate shall not be increased until July 1, 1969, or    6,238        

later to reflect the increased costs created by this section.      6,239        

      Sec. 3307.42 3307.62.  (A)  The state teachers retirement    6,248        

system shall provide disability coverage to each member            6,250        

PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO         6,251        

3307.79 OF THE REVISED CODE who has at least five years of total   6,252        

                                                          133    


                                                                 
service credit.                                                                 

      Not later than October 16, 1992, the state teachers          6,254        

retirement board shall give each person who is a member on July    6,255        

29, 1992, the opportunity to elect disability coverage either      6,257        

under FORMER section 3307.43 of the Revised Code or under FORMER   6,259        

section 3307.431 of the Revised Code.  The board shall mail        6,261        

notice of the election, accompanied by an explanation of the       6,262        

coverage under each of the Revised Code sections and a form on     6,263        

which the election is to be made, to each member at the member's   6,264        

last known address.  The board shall also provide the explanation               

and form to any member on the member's request.                    6,265        

      Regardless of whether the member actually receives notice    6,267        

of the right to make an election, a member who fails to file a     6,269        

valid election under this section shall be considered to have                   

elected disability coverage under section 3307.43 3307.63 of the   6,271        

Revised Code.  To be valid, an election must be made on the form   6,272        

provided by the retirement board, signed by the member, and filed  6,273        

with the board not later than one hundred eighty days after the    6,274        

date the notice was mailed, or, in the case of a form provided at  6,275        

the request of a member, a date specified by rule of the           6,276        

retirement board.  Once made, an election is irrevocable, but if   6,277        

the member ceases to be a member of the retirement system, the     6,278        

election is void.  If a person who makes an election under this    6,279        

section also makes an election under section 145.35 or 3309.39 of  6,280        

the Revised Code, the election made for the system that pays a     6,281        

disability benefit to that person shall govern the benefit.        6,282        

      Disability coverage shall be provided under section          6,284        

3307.431 3307.631 of the Revised Code for persons who become       6,285        

members after July 29, 1992, and for members who elect under this  6,288        

division to be covered under section 3307.431 3307.631 of the      6,290        

Revised Code.                                                                   

      The retirement board may adopt rules governing elections     6,292        

made under this division.                                          6,293        

      (B)  Application for a disability benefit may be made by a   6,295        

                                                          134    


                                                                 
member, by a person acting in the member's behalf, or by the       6,296        

member's employer, provided IF the member IS PARTICIPATING IN THE  6,298        

PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED       6,299        

CODE, has at least five years of total service credit, and has     6,302        

disability coverage under section 3307.43 3307.63 or 3307.431      6,303        

3307.631 of the Revised Code.  The application for a disability    6,305        

benefit shall be made on a form approved by the state teachers     6,306        

retirement board.  The benefit payable to any member whose         6,307        

application is approved shall become effective on the first day    6,308        

of the month next following the later of the following:                         

      (1)  The last day for which compensation was paid;           6,310        

      (2)  The attainment of eligibility for a disability          6,312        

benefit.                                                           6,313        

      (C)  Medical examination of the member shall be conducted    6,315        

by a competent, disinterested physician or physicians selected by  6,316        

the retirement board to determine whether the member is mentally   6,317        

or physically incapacitated for the performance of duty by a       6,318        

disabling condition, either permanent or presumed to be permanent  6,319        

for twelve continuous months following the filing of an            6,320        

application.  The disability must have occurred since last         6,322        

becoming a member, or it must have increased since last becoming   6,323        

a member to such an extent as to make the disability permanent or  6,324        

presumably permanent for twelve continuous months following the    6,325        

filing of an application.                                          6,326        

      (D)  Application for a disability benefit must be made       6,328        

within two years from the date the member's contributing service   6,329        

terminated, unless the retirement board determines that the        6,330        

member's medical records demonstrate conclusively that at the      6,331        

time the two-year period expired, the member was physically or     6,332        

mentally incapacitated for duty as a teacher and unable to make    6,333        

application.  Application may not be made by any person receiving  6,334        

service retirement benefits under section 3307.38 3307.58 or       6,335        

3307.39 3307.59 of the Revised Code or any person who, pursuant    6,337        

to section 3307.46 3307.56 of the Revised Code, has been paid the  6,338        

                                                          135    


                                                                 
accumulated contributions standing to the credit of the person's   6,340        

individual account in the teachers' savings fund.                  6,341        

      (E)  If the physician or physicians determine that the       6,345        

member qualifies for a disability benefit, the retirement board    6,346        

concurs with the determination, and the member agrees to medical   6,347        

treatment as specified in division (G) of this section, the        6,348        

member shall receive a disability benefit under section 3307.43    6,349        

3307.63 or 3307.431 3307.631 of the Revised Code.  If such         6,351        

physician or physicians determine that the member does not         6,352        

qualify for a disability benefit, the report of the examiner or    6,353        

examiners shall be evaluated by a board of medical review          6,354        

composed of three physicians appointed by the retirement board.    6,355        

      (F)  The state teachers retirement board shall render an     6,357        

order determining whether or not the applicant shall be granted a  6,358        

disability benefit.  Notification to the applicant shall be        6,359        

issued, and upon the request of an applicant who is denied a       6,360        

disability benefit, a hearing or appeal relative to such order     6,361        

shall be conducted in accordance with procedures established by    6,362        

the retirement board.                                              6,363        

      (G)  The state teachers retirement board shall adopt rules   6,366        

requiring each disability benefit recipient, as a condition of     6,367        

continuing to receive a disability benefit, to agree in writing    6,368        

to obtain any medical treatment recommended by the board's         6,369        

physician and submit medical reports regarding the treatment.  If  6,371        

the board determines that a disability benefit recipient is not    6,372        

obtaining the medical treatment or the board does not receive a                 

required medical report, the disability benefit shall be           6,373        

suspended until the treatment is obtained, the report is received  6,375        

by the board, or the board's physician certifies that the          6,376        

treatment is no longer helpful or advisable.  Should the           6,378        

recipient's failure to obtain treatment or submit a medical                     

report continue for one year, the recipient's right to the         6,380        

disability benefit shall be terminated as of the effective date    6,381        

of the original suspension.                                                     

                                                          136    


                                                                 
      (H)  If an employer files an application for a disability    6,383        

benefit as a result of a member having been separated from         6,384        

service because the member is considered to be incapacitated for   6,386        

the performance of duty, and the board denies the disability                    

benefit, the board shall so certify to the employer and such THE   6,387        

employer shall restore the member to the member's previous         6,389        

position and salary or to a similar position and salary.           6,390        

      Sec. 3307.43 3307.63.  A member PARTICIPATING IN THE PLAN    6,400        

DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE who   6,401        

has elected disability coverage under this section, has, not       6,403        

attained age sixty, and is determined by the state teachers        6,405        

retirement board under section 3307.42 3307.62 of the Revised      6,407        

Code to qualify for a disability benefit shall be retired on       6,408        

disability under this section.                                                  

      Upon disability retirement, a member shall receive an        6,410        

annual amount that shall consist of:                               6,411        

      (A)  An annuity having a reserve equal to the amount of the  6,413        

member's accumulated contributions at that time;                   6,414        

      (B)  A pension that shall be the difference between the      6,416        

annuity and an annual amount determined by multiplying the number  6,417        

of years of Ohio service credit of such member, and in addition    6,418        

the number of years and fraction of a year between the effective   6,419        

date of his THE MEMBER'S disability retirement and the date he     6,421        

THE MEMBER attained age sixty, assuming continuous service, by     6,422        

eighty-six dollars, or by two per cent of his THE MEMBER'S final   6,423        

average salary, whichever is greater. Such disability retirement   6,425        

shall not be less than thirty per cent nor more than seventy-five  6,426        

per cent of his THE MEMBER'S final average salary, except that it  6,428        

shall not exceed any limit to which the retirement system is       6,429        

subject under section 415 of the "Internal Revenue Code of 1986,"  6,430        

100 Stat. 2085, 26 U.S.C.A. 415, as amended.                                    

      If the member is not receiving a disability benefit under    6,432        

section 3307.41 3307.57 of the Revised Code, but is receiving a    6,434        

disability benefit from either the public employees retirement     6,435        

                                                          137    


                                                                 
system or the school employees retirement system, then such        6,436        

member shall not be eligible for service credit based upon the     6,437        

number of years and fractions thereof between the date of          6,438        

disability and the date he THE MEMBER attained age sixty as        6,439        

otherwise provided in this section.                                6,441        

      A disability retirant under this section whose disability    6,443        

retirement has been terminated, when eligible, may apply for       6,444        

service retirement provided by section 3307.38 3307.58 of the      6,445        

Revised Code.                                                      6,447        

      Sec. 3307.431 3307.631.  (A)  A member with PARTICIPATING    6,457        

IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE                     

REVISED CODE WHO HAS disability coverage under this section who    6,459        

AND is determined by the state teachers retirement board under     6,460        

section 3307.42 3307.62 of the Revised Code to qualify for a       6,462        

disability benefit shall receive a disability allowance under      6,463        

this section.  The allowance shall be an annual amount equal to    6,464        

the greater of the following:                                                   

      (1)  Forty-five per cent of the member's final average       6,466        

salary;                                                            6,467        

      (2)  The member's total service credit multiplied by two     6,469        

and one-tenth TWO-TENTHS per cent of his THE MEMBER'S final        6,471        

average salary, not exceeding sixty per cent of his THE MEMBER'S   6,473        

final average salary.                                                           

      (B)  Sufficient reserves for payment of the disability       6,475        

allowance shall be transferred to the annuity and pension reserve  6,476        

fund from the employers' trust fund.  The accumulated              6,477        

contributions of the member shall remain in the teachers' savings  6,478        

fund.  No part of the allowance paid under this section shall be   6,479        

charged against the member's accumulated contributions.            6,480        

      (C)  A disability allowance paid under this section shall    6,482        

terminate at the earliest of the following:                        6,483        

      (1)  The effective date of service retirement under section  6,485        

3307.38 3307.57 or 3307.41 3307.58 of the Revised Code;            6,487        

      (2)  The date the allowance is terminated under section      6,489        

                                                          138    


                                                                 
3307.44 3307.64 of the Revised Code;                               6,490        

      (3)  The later of the last day of the month in which the     6,492        

recipient attains age sixty-five, or the last day of the month in  6,493        

which the benefit period ends as follows:                          6,494        

    Attained Age at Effective Date                                 6,496        

      of Disability Allowance          Benefit Period              6,497        

           60 or 61                       60 months                6,498        

           62 or 63                       48 months                6,499        

           64 or 65                       36 months                6,500        

           66, 67, or 68                  24 months                6,501        

           69 or older                    12 months                6,502        

      Sec. 3307.44 3307.64.  A disability benefit recipient,       6,512        

notwithstanding section 3319.13 of the Revised Code, shall retain  6,513        

membership in the state teachers retirement system and shall be    6,514        

considered on leave of absence during the first five years         6,516        

following the effective date of a disability benefit.                           

      The state teachers retirement board shall require any        6,518        

disability benefit recipient to submit to an annual medical        6,520        

examination by a physician selected by the board, except that the  6,521        

board may waive the medical examination if the board's physician   6,522        

certifies that the recipient's disability is ongoing.  If a        6,523        

disability benefit recipient refuses to submit to a medical        6,525        

examination, the recipient's disability benefit shall be                        

suspended until the recipient withdraws the refusal.  If the       6,527        

refusal continues for one year, all the recipient's rights under   6,529        

and to the disability benefit shall be terminated as of the        6,530        

effective date of the original suspension.                         6,531        

      After the examination, the examiner shall report and         6,534        

certify to the board whether the disability benefit recipient is   6,535        

no longer physically and mentally incapable of resuming the        6,536        

service from which the recipient was found disabled.  If the       6,538        

board concurs in a report by the examining physician that the      6,540        

disability benefit recipient is no longer incapable, the payment   6,542        

of a disability benefit shall be terminated not later than the     6,543        

                                                          139    


                                                                 
following thirty-first day of August or upon employment as a       6,544        

teacher prior thereto.  If the leave of absence has not expired,   6,545        

the board shall so certify to the disability benefit recipient's   6,546        

last employer before being found disabled that the recipient is    6,547        

no longer physically and mentally incapable of resuming service    6,549        

that is the same or similar to that from which the recipient was   6,550        

found disabled.  If the recipient was under contract at the time   6,552        

the recipient was found disabled, the employer by the first day    6,554        

of the next succeeding year shall restore the recipient to the     6,555        

recipient's previous position and salary or to a position and      6,556        

salary similar thereto, unless the recipient was dismissed or      6,558        

resigned in lieu of dismissal for dishonesty, misfeasance,         6,559        

malfeasance, or conviction of a felony.                            6,560        

      A disability benefit shall terminate if the disability       6,563        

benefit recipient becomes employed as a teacher in any public or   6,564        

private school or institution in this state or elsewhere.  An      6,565        

individual receiving a disability benefit from the state teachers  6,567        

retirement system shall be ineligible for any employment as a      6,568        

teacher and it shall be unlawful for any employer to employ the    6,569        

individual as a teacher.  If any employer should employ or         6,571        

reemploy the individual prior to the termination of a disability   6,572        

benefit, the employer shall file notice of employment with the     6,573        

state teachers retirement board designating the date of the        6,575        

employment.  If the individual should be paid both a disability    6,577        

benefit and also compensation for teaching service for all or any  6,578        

part of the same month, the secretary of the state teachers        6,579        

retirement board shall certify to the employer or to the                        

superintendent of public instruction the amount of the disability  6,580        

benefit received by the individual during the employment, which    6,582        

amount shall be deducted from any amount due the employing         6,583        

district under Chapter 3317. of the Revised Code or shall be paid  6,584        

by the employer to the annuity and pension reserve fund.           6,585        

      Each disability benefit recipient shall file with the board  6,589        

an annual statement of earnings, current medical information on    6,591        

                                                          140    


                                                                 
the recipient's condition, and any other information required in   6,592        

rules adopted by the board.  The board may waive the requirement   6,594        

that a disability benefit recipient file an annual statement of    6,595        

earnings or current medical information if the board's physician   6,596        

certifies that the recipient's disability is ongoing.              6,597        

      The board shall annually examine the information submitted   6,599        

by the recipient.  If a disability benefit recipient refuses to    6,600        

file the statement or information, the disability benefit shall    6,602        

be suspended until the statement and information are filed.  If    6,603        

the refusal continues for one year, the recipient's right to the   6,604        

disability benefit shall be terminated as of the effective date    6,605        

of the original suspension.                                        6,606        

      A disability benefit also may be terminated by the board at  6,608        

the request of the disability benefit recipient.                   6,609        

      If disability retirement under section 3307.43 3307.63 of    6,611        

the Revised Code is terminated for any reason, the annuity and     6,612        

pension reserves at that time in the annuity and pension reserve   6,613        

fund shall be transferred to the teachers' savings fund and the    6,614        

employers' trust fund, respectively.  If the total disability      6,615        

benefit paid was less than the amount of the accumulated           6,616        

contributions of the member transferred to the annuity and         6,617        

pension reserve fund at the time of the member's disability        6,618        

retirement, then the difference shall be transferred from the      6,619        

annuity and pension reserve fund to another fund as required.  In  6,620        

determining the amount of a member's account following the         6,621        

termination of disability retirement for any reason, the total     6,622        

amount paid shall be charged against the member's refundable       6,623        

account.                                                           6,624        

      If a disability allowance paid under section 3307.431        6,626        

3307.631 of the Revised Code is terminated for any reason, the     6,628        

reserve on the allowance at that time in the annuity and pension   6,629        

reserve fund shall be transferred from that fund to the            6,630        

employers' trust fund.                                                          

      If a former disability benefit recipient again becomes a     6,632        

                                                          141    


                                                                 
contributor, other than as an other system retirant under section  6,633        

3307.381 3307.35 of the Revised Code, to this retirement system,   6,635        

the school employees retirement system, or the public employees    6,636        

retirement system, and completes at least two additional years of  6,637        

service credit, the former disability benefit recipient shall      6,638        

receive credit for the period as a disability benefit recipient.   6,639        

      Sec. 3307.49 3307.66.  (A)  As used in this section,         6,648        

"physically or mentally incompetent" means incapable of earning a  6,650        

living because of a physically or mentally disabling condition.    6,651        

Physical or mental incompetency may be determined by a court or    6,652        

by a doctor of medicine or osteopathic medicine appointed by the   6,653        

state teachers retirement board.                                   6,654        

      (B)  For the purposes of this section:                       6,656        

      (1)  A qualified spouse is the surviving spouse of a         6,659        

deceased member of the state teachers retirement system            6,660        

PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO         6,661        

3307.79 OF THE REVISED CODE who is one of the following:           6,662        

      (a)  Age sixty-two or any age if the deceased member had     6,664        

ten or more years of Ohio service credit;                          6,665        

      (b)  Caring for a qualified child;                           6,667        

      (c)  Adjudged physically or mentally incompetent;            6,669        

      (d)  Any age if the deceased member was eligible for a       6,671        

service retirement allowance as provided in section 3307.38        6,672        

3307.58 of the Revised Code and the surviving spouse elects to     6,674        

receive a benefit under division (C)(1) of this section.           6,675        

      (2) A qualified child is the child of a deceased member      6,680        

PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO                      

3307.79 OF THE REVISED CODE who is both of the following:          6,681        

      (a)  Unmarried;                                              6,683        

      (b)  Under age eighteen, or under age twenty-two if          6,686        

attending an institution of learning or training pursuant to a     6,687        

program designed to complete in each school year the equivalent    6,688        

of at least two-thirds of the full-time curriculum requirements    6,689        

of such institution and as further determined by board policy, or  6,690        

                                                          142    


                                                                 
any age if adjudged physically or mentally incompetent.            6,691        

      (3)  A qualified parent is a dependent parent of a deceased  6,695        

member PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO               

3307.79 OF THE REVISED CODE who is age sixty-five or older.        6,696        

      (4)  A person is a "qualified survivor" if the person        6,698        

qualifies as a surviving spouse, child, or dependent parent.       6,701        

      (C)  Except as provided in division (G)(1) of this section,  6,704        

in lieu of accepting the payment of the accumulated account of a   6,705        

member PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO  6,706        

3307.79 OF THE REVISED CODE who dies before service retirement, a               

beneficiary, as determined in section 3307.48 3307.562 of the      6,707        

Revised Code, may elect to forfeit the accumulated account and to  6,709        

substitute benefits under this division.                           6,710        

      (1)  If a deceased member was eligible for a service         6,712        

retirement allowance as provided in section 3307.38 3307.58 or     6,713        

3307.39 3307.59 of the Revised Code, a surviving spouse or an      6,715        

individual designated as the member's sole beneficiary pursuant    6,716        

to division (B) of section 3307.48 3307.562 of the Revised Code    6,717        

who was a qualified child or dependent parent of the member or     6,719        

received one-half or more of support from the member during the    6,720        

twelve-month period preceding the member's death may elect to      6,721        

receive a monthly benefit computed as the joint-survivor           6,722        

allowance designated as option 1 in section 3307.50 3307.60 of     6,723        

the Revised Code, which the member would have received had the     6,725        

member retired on the last day of the month of death and had the   6,727        

member at that time selected such joint-survivor plan.  Payment    6,729        

shall begin with the month subsequent to the member's death.       6,730        

      (2)  If a deceased member had completed at least one and     6,732        

one-half years of credit for Ohio service, with at least           6,733        

one-quarter year of Ohio contributing service credit within the    6,734        

two and one-half years prior to the date of death, or was          6,735        

receiving at the time of death a disability benefit as provided    6,736        

in section 3307.43 3307.63 or 3307.431 3307.631 of the Revised     6,738        

Code, a surviving spouse or other qualified survivor may elect to  6,740        

                                                          143    


                                                                 
receive monthly benefits as provided in division (C)(2) of this    6,741        

section.  The surviving spouse or other qualified survivor shall   6,742        

elect one of the following methods of calculating benefits         6,744        

elected under division (C)(2) of this section, which shall,        6,745        

except as provided in division (G)(1) of this section, remain in   6,746        

effect without regard to any change in the number of qualified     6,747        

survivors:                                                                      

                                                   Or              6,749        

  (a) Number        Annual benefit as a        Monthly benefit     6,750        

of qualified       per cent of member's         shall not be       6,751        

  survivors        final average salary         less than          6,752        

     1                      25%                   $ 96             6,755        

     2                      40                     186             6,756        

     3                      50                     236             6,757        

     4                      55                     236             6,758        

     5 or more              60                     236             6,759        

                                   Annual benefit as a             6,762        

                                  per cent of member's             6,763        

    (b) Years of service          final average salary             6,764        

              20                            29%                    6,767        

              21                            33                     6,768        

              22                            37                     6,769        

              23                            41                     6,770        

              24                            45                     6,771        

              25                            48                     6,772        

              26                            51                     6,773        

              27                            54                     6,774        

              28                            57                     6,775        

              29                            60                     6,776        

      (D)  If a benefit is calculated pursuant to division         6,779        

(C)(2)(a) of this section, benefits to a surviving spouse shall    6,780        

be paid in the amount determined for the first qualifying          6,781        

survivor in division (C)(2)(a) of this section, but shall not be   6,783        

less than one hundred six dollars per month if the deceased        6,784        

                                                          144    


                                                                 
member had ten or more years of Ohio service credit.  All other    6,785        

qualifying survivors shall share equally in the benefit or         6,787        

remaining portion thereof.                                         6,788        

      If a benefit is calculated pursuant to division (C)(2)(b)    6,790        

of this section and is payable to more than one qualified          6,791        

survivor, the benefit shall be apportioned equally among the       6,793        

qualified survivors, except that if there is a surviving spouse,   6,795        

the portion of the benefit allocated to the surviving spouse       6,796        

shall be as follows:                                               6,797        

Number of                                                          6,799        

     survivors             Spouse's share of total benefit         6,800        

        2                                62.5%                     6,803        

        3                                50.0%                     6,804        

        4                                45.45%                    6,805        

        5 or more                        41.67%                    6,806        

      (E)  Benefits payable under division (C)(2) of this section  6,809        

shall begin or resume on the first day of the month following the  6,810        

day a person becomes a qualified survivor and terminate or be      6,812        

suspended on the first day of the month following the day the      6,813        

person ceases to be a qualified survivor.                          6,815        

      Benefits to a qualified survivor shall terminate upon a      6,818        

first marriage, abandonment, adoption, or during active military   6,820        

service.  Benefits to a deceased member's surviving spouse that    6,821        

were terminated under a former version of this section that                     

required termination due to remarriage and were not resumed prior  6,822        

to the effective date of this amendment shall resume on the first  6,823        

day of the month immediately following receipt by the board of an  6,824        

application on a form provided by the board.                       6,825        

      Upon the death of any subsequent spouse who was a member of  6,828        

the public employees retirement system, state teachers retirement  6,829        

system, or school employees retirement system, the surviving       6,830        

spouse of such member may elect to continue receiving benefits     6,831        

under this division, or to receive survivor's benefits, based      6,832        

upon the subsequent spouse's membership in one or more of the      6,833        

                                                          145    


                                                                 
systems, for which such surviving spouse is eligible under this    6,834        

section or section 145.45 or 3309.45 of the Revised Code.  If the  6,835        

surviving spouse elects to continue receiving benefits under this  6,836        

division, such election shall not preclude the payment of          6,837        

benefits under this division to any other qualified survivor.      6,838        

      (F)  The beneficiary of a member who is also a member of     6,840        

the public employees retirement system, or the school employees    6,841        

retirement system, must forfeit the member's accumulated           6,842        

contributions in those systems, if the beneficiary elects to       6,843        

receive a benefit under division (C) of this section.  Such        6,845        

benefit shall be exclusively governed by section 3307.41 3307.57   6,846        

of the Revised Code.                                               6,847        

      (G)(1)  Regardless of whether the member is survived by a    6,850        

spouse or designated beneficiary, if the state teachers            6,851        

retirement system receives notice that a deceased member           6,853        

described in division (C)(1) or (2) of this section has one or     6,854        

more qualified children, all persons who are qualified survivors   6,856        

under division (C)(2) of this section shall receive monthly        6,859        

benefits as provided in division (C)(2) of this section.           6,860        

      If, after determining the monthly benefits to be paid under  6,862        

division (C)(2) of this section, the system receives notice that   6,863        

there is a qualified survivor who was not considered when the      6,864        

determination was made, the system shall, notwithstanding section  6,865        

3307.711 3307.42 of the Revised Code, recalculate the monthly      6,866        

benefits with that qualified survivor included, even if the        6,868        

benefits to qualified survivors already receiving benefits are     6,869        

reduced as a result.  The benefits shall be calculated as if the                

qualified survivor who is the subject of the notice became         6,870        

eligible on the date the notice was received and shall be paid to  6,871        

qualified survivors effective on the first day of the first month  6,872        

following the system's receipt of the notice.                      6,873        

      If the retirement system did not receive notice that a       6,875        

deceased member has one or more qualified children prior to        6,877        

making payment under section 3307.48 3307.562 of the Revised Code  6,878        

                                                          146    


                                                                 
to a beneficiary as determined by the retirement system, the       6,879        

payment is a full discharge and release of the system from any     6,880        

future claims under this section or section 3307.48 3307.562 of    6,881        

the Revised Code.                                                               

      (2)  If benefits under division (C)(2) of this section to    6,884        

all persons, or to all persons other than a surviving spouse or    6,886        

sole beneficiary, terminate, there are no children under the age                

of twenty-two years, and the surviving spouse or beneficiary       6,889        

qualifies for benefits under division (C)(1) of this section, the  6,890        

surviving spouse or beneficiary may elect to receive benefits      6,891        

under division (C)(1) of this section.  The benefit shall be       6,893        

calculated based on the age of the spouse or beneficiary at the    6,894        

time of the member's death and is effective on the first day of    6,895        

the month following receipt by the board of an application for     6,896        

benefits under division (C)(1) of this section.                    6,897        

      (H)  If the benefits due and paid under division (C) of      6,899        

this section are in a total amount less than the member's          6,900        

accumulated account that was transferred from the teachers'        6,901        

savings fund, school employees retirement fund, and public         6,902        

employees retirement fund, to the survivors' benefit fund, then    6,903        

the difference between the total amount of the benefits paid       6,904        

shall be paid to the beneficiary under section 3307.48 3307.562    6,906        

of the Revised Code.                                               6,907        

      Sec. 3307.661.  ON THE DEATH OF A RETIRANT OR DISABILITY     6,909        

BENEFIT RECIPIENT WHO AT THE TIME OF DEATH IS RECEIVING, UNDER     6,910        

THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED   6,911        

CODE, A SERVICE RETIREMENT ALLOWANCE OR DISABILITY BENEFIT, THE    6,913        

STATE TEACHERS RETIREMENT SYSTEM SHALL MAKE A LUMP-SUM PAYMENT OF  6,914        

ONE THOUSAND DOLLARS TO ANY DESIGNATED OR QUALIFIED BENEFICIARY    6,915        

UNDER DIVISION (D) OF SECTION 3307.562 OF THE REVISED CODE.  IF    6,916        

THERE IS NO BENEFICIARY, THE STATE TEACHERS RETIREMENT BOARD MAY   6,918        

APPROVE PAYMENT TO EITHER THE PERSON RESPONSIBLE FOR THE BURIAL    6,919        

EXPENSES OR TO THE DECEDENT'S ESTATE FOLLOWING THE COMPLETION OF   6,920        

AN APPLICATION ON A FORM APPROVED BY THE BOARD.                    6,921        

                                                          147    


                                                                 
      Sec. 3307.403 3307.67.  (A)  Beginning April 1, 1971, and    6,930        

each year thereafter, the board of the state teachers retirement   6,932        

system BOARD shall determine the average percentage change in the  6,934        

consumer price index prepared by the United States bureau of       6,935        

labor statistics (U.S. City Average for Urban Wage Earners and     6,936        

Clerical Workers:  "All Items 1982-84=100") for the                6,937        

twelve-calendar-month period prior to the first day of January     6,939        

over the next preceding twelve-calendar-month period, as reported  6,940        

by the bureau.                                                                  

      Upon a determination by the board in any year that the       6,942        

change in the consumer price index is an increase or that the      6,944        

change plus the accumulation described in division (B) of this     6,945        

section is an increase, the board shall increase each allowance    6,946        

or benefit payable under this chapter SECTIONS 3307.50 TO 3307.79  6,947        

OF THE REVISED CODE by a percentage equal to the percentage        6,948        

increase in the consumer price index or to that increase plus the  6,949        

accumulation, except that the increase shall not exceed three per  6,950        

cent and no allowance or benefit shall exceed the limit            6,952        

established by section 415 of the "Internal Revenue Code of        6,953        

1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended.                6,954        

      The first increase is payable to all persons becoming        6,956        

eligible after June 30, 1971, upon such persons receiving an       6,957        

allowance or benefit for twelve months.  The increased amount is   6,959        

payable for the ensuing twelve-month period or until the next      6,960        

increase is granted under this section, whichever is later.        6,961        

Subsequent increases shall be determined from the date of the      6,962        

first increase paid to the former member in the case of an                      

allowance being paid a beneficiary under an option, or from the    6,963        

date of the first increase to the survivor first receiving an      6,964        

allowance or benefit in the case of an allowance or benefit being  6,965        

paid to the subsequent survivors of the former member.             6,966        

      The date of the first increase under this section becomes    6,969        

the anniversary date for any future increases.                                  

      The allowance or benefit used in the first calculation of    6,971        

                                                          148    


                                                                 
an increase under this section shall remain as the base for all    6,972        

future increases, unless a new base is established.                6,973        

      (B)  Any percentage of change in the consumer price index    6,975        

in any year that is in excess of three per cent shall be           6,976        

accumulated and used to determine increases under this section in  6,977        

subsequent years.  Any percentage of change in the consumer price  6,978        

index accumulated by an eligible person prior to the effective     6,979        

date of this amendment SEPTEMBER 27, 1996, shall be used in        6,980        

determining any future increases under this section.               6,981        

      (C)  The board shall make all rules necessary to carry out   6,983        

this section.                                                      6,984        

      Sec. 3307.408 3307.671.  In December, 1980, and in December  6,994        

of each year thereafter, the state teachers retirement board may   6,995        

allocate an amount from the guarantee fund created in division     6,996        

(E) of section 3307.65 3307.14 of the Revised Code to establish a  6,997        

temporary supplemental benefit fund for the purpose of making a    6,999        

lump sum benefit payment to all persons receiving an allowance,    7,000        

pension, or benefit under Chapter 3307. SECTIONS 3307.50 TO        7,001        

3307.79 of the Revised Code for each of the twelve months          7,003        

preceding the first day of the following January.                  7,004        

      On or after July 1, 1980, and on or after the first day of   7,006        

July of each year thereafter, the board may determine the amount   7,007        

to be placed in a temporary supplemental benefit fund.  Such       7,008        

amount, if placed, shall be not more than twenty-five per cent of  7,009        

the income from investments for the twelve months preceding the    7,010        

first day of July not otherwise required to be credited to the     7,011        

several funds set forth in section 3307.65 3307.14 of the Revised  7,013        

Code.                                                                           

      The board shall adopt rules to administer this supplemental  7,015        

benefit.  The rules shall recognize the effective date of the      7,016        

allowance, pension, or benefit and the years of Ohio service       7,017        

credit for each recipient as an equitable basis for allocating     7,018        

the amount payable to each recipient.                              7,019        

      If the board determines that a supplemental benefit shall    7,021        

                                                          149    


                                                                 
be paid under this section, it shall pay such amount within sixty  7,022        

calendar days following its allocation to the supplemental         7,023        

benefit fund.                                                      7,024        

      Amounts paid pursuant to this section shall not be included  7,026        

in the base for increasing an allowance, pension, or benefit       7,027        

provided in section 3307.403 3307.67 of the Revised Code and       7,028        

shall not incur any obligation or liability for future payments    7,030        

under this section.                                                7,031        

      Sec. 3307.371 3307.69.  (A)  On and after the first day of   7,040        

the month following the effective date of this section DECEMBER    7,042        

14, 1992, each person eligible to receive a benefit, pursuant to   7,043        

FORMER sections 3307.38, 3307.41, 3307.43, 3307.50, AND division   7,044        

(C)(1) of FORMER section 3307.49, and section 3307.50 of the       7,046        

Revised Code, that was based upon an award made effective before   7,047        

June 30, 1955, shall have the benefit payable as of September 30,  7,048        

1974, recalculated by the state teachers retirement board so that  7,049        

each such person shall receive an annual single lifetime benefit   7,050        

or its actuarial equivalent of not less than one hundred forty     7,051        

dollars for each year of the member's total service credit,        7,052        

except that service credit exceeding thirty-two years shall not    7,053        

be used in the recalculation, and a final average salary           7,054        

limitation shall not be applied.                                                

      If the amount of the benefit recalculated under this         7,056        

division is less than the amount that is payable on the effective  7,057        

date of this section, then the greater benefit shall be            7,058        

continued.                                                         7,059        

      (B)  On and after the first day of the month following the   7,061        

effective date of this section DECEMBER 14, 1992, each person      7,063        

receiving a benefit, pursuant to FORMER sections 3307.38,          7,064        

3307.41, 3307.43, 3307.50 AND division (C)(1) of FORMER section    7,066        

3307.49, and section 3307.50 of the Revised Code, that was         7,068        

effective on and after June 30, 1955, through June 30, 1971,                    

shall be paid an increased benefit as follows:                     7,069        

Effective Date of the              Per Cent of Increase:           7,071        

                                                          150    


                                                                 
  Member's Benefit:                                                7,072        

June 30, 1955, through                                                          

   June 29, 1959                           33                      7,073        

June 30, 1959, through                                                          

   October 31, 1965                        21                      7,074        

November 1, 1965 through                                                        

   June 30, 1968                           14                      7,075        

July 1, 1968, through                                                           

   June 30, 1971                            5                      7,076        

      The increase shall be applied to the benefit payable on the  7,078        

effective date of this section DECEMBER 14, 1992.                  7,079        

      (C)  On and after the first day of the month following the   7,081        

effective date of this section DECEMBER 14, 1992, each person      7,083        

receiving or qualified to receive a benefit, pursuant to division  7,084        

(C)(2) of FORMER section 3307.49 of the Revised Code, that was     7,085        

effective on and after June 14, 1951, through August 26, 1970,     7,086        

shall receive an increase in such benefit in the amount of twenty  7,087        

per cent.                                                                       

      Sec. 3307.382 3307.691.  On and after the effective date of  7,096        

this section AUGUST 20, 1976, the allowances of retirants          7,099        

receiving benefits based upon an award from the state teachers     7,100        

retirement system made before July 1, 1971, shall have the         7,101        

benefit recalculated by the state teachers retirement system so    7,102        

that each such person shall receive an annual lifetime benefit or  7,103        

its actuarial equivalent of not less than one hundred forty        7,104        

dollars for each year of the member's total service credit,        7,105        

multiplied by the total number of years of service credit, except  7,106        

that service credit exceeding thirty-two years shall not be used   7,107        

in the recalculation, and a final average salary limitation shall  7,108        

not be applied.                                                                 

      If the amount of the benefit recalculated under this         7,110        

section is less than the amount that is payable on the effective   7,111        

date of this section AUGUST 20, 1976, then the greater benefit     7,113        

shall be continued.                                                7,114        

                                                          151    


                                                                 
      Sec. 3307.384 3307.692.  A retirant who on the effective     7,123        

date of this amendment AUGUST 6, 1997, is eligible to receive an   7,127        

annual single lifetime benefit under FORMER section 3307.38,       7,128        

3307.41, or 3307.50 of the Revised Code of less than nine          7,130        

thousand six hundred dollars or its actuarial equivalent shall     7,131        

have that benefit increased to nine thousand six hundred dollars   7,133        

or its actuarial equivalent if the benefit is based on an award                 

arising from thirty or more years of Ohio service credit.  The     7,135        

benefit increase provided by this amendment SECTION shall take     7,136        

effect on the first day of the first month following the           7,138        

effective date of this amendment AUGUST 6, 1997, and shall not be  7,140        

subject to any final average salary limitation.                                 

      Sec. 3307.401 3307.693.  On and after October 1, 1957, all   7,149        

persons in receipt of, or who are or become eligible to receive,   7,151        

a monthly allowance, pension, or other benefit effective prior to  7,152        

June 29, 1955, which is payable or becomes payable pursuant to     7,153        

the provisions of FORMER sections 3307.26, 3307.38, 3307.43, and   7,154        

3307.50 of the Revised Code, or an allowance payable at any time   7,156        

under an option elected by a member and effective prior to that    7,157        

date, shall be paid an increased allowance, pension, or benefit    7,158        

as follows:                                                        7,159        

      (A)  An amount determined by increasing the original         7,161        

allowance, pension, or benefit by the following percentages as     7,162        

determined by the calendar year in which the allowance, pension,   7,163        

or benefit became effective:                                       7,164        

              Calendar Year              Per Cent of               7,166        

                Effective                 Increase                              

                1921-1939                    100                   7,167        

                  1940                        94                                

                  1941                        89                   7,168        

                  1942                        77                                

                  1943                        70                                

                  1944                        68                   7,169        

                  1945                        66                                

                                                          152    


                                                                 
                  1946                        55                                

                  1947                        35                   7,170        

                  1948                        23                                

                  1949                        25                                

                  1950                        23                   7,171        

                  1951                         8                                

                  1952                         4                                

                  1953                         3                   7,172        

                  1954                         2                                

                  Prior to June 29, 1955       2                   7,173        

      (B)  If the amount of any such allowance, pension, or other  7,176        

benefit is increased by division (A) of this section to an amount  7,177        

less than one hundred ten per cent of the present amount payable   7,178        

immediately prior to October 1, 1957, such present amount shall    7,179        

be increased by ten per cent.                                      7,180        

      (C)  On and after August 1, 1959, the monthly allowance,     7,182        

pension, or other benefit effective prior to June 29, 1955,        7,183        

(exclusive of any amount receivable monthly by reason of a         7,184        

voluntary deposit made for additional annuity, or for purchase of  7,185        

out-of-state credit on or after June 25, 1945), together with the  7,186        

supplemental allowance payable pursuant to divisions (A) and (B)   7,187        

of this section, shall be increased by twelve per cent.            7,188        

      (D)  Effective November 1, 1965, the allowances of all       7,190        

persons who retired before June 30, 1955, and who are receiving    7,191        

benefits as of October 31, 1965, except those granted under        7,192        

FORMER section 3307.49 of the Revised Code, shall be increased     7,193        

ten dollars per month, notwithstanding the seventy-five per cent   7,194        

final average salary limitation in FORMER section 3307.38 of the   7,195        

Revised Code and the sixty per cent final average salary           7,197        

limitation in FORMER section 3307.43 of the Revised Code.          7,198        

      (E)  Effective November 1, 1965, the allowances of all       7,200        

persons who retired on or after June 30, 1955, and who are         7,201        

receiving benefits as of October 31, 1965, except those granted    7,202        

under FORMER section 3307.49 of the Revised Code, but including    7,203        

                                                          153    


                                                                 
allowances payable at any time under an option elected by a        7,204        

member, shall be increased by ten dollars per month, which when    7,205        

added to the allowance in effect on October 31, 1965, shall not    7,206        

exceed the seventy-five per cent final average salary limitation   7,207        

in FORMER section 3307.38 of the Revised Code or the sixty per     7,208        

cent final average salary limitation in FORMER section 3307.43 of  7,209        

the Revised Code, provided that the increase shall not be less     7,211        

than six dollars per month.                                        7,212        

      (F)  Beginning November 1, 1965, the monthly benefit         7,214        

payable under division (C)(2) of FORMER section 3307.49 of the     7,215        

Revised Code shall be increased six dollars for each survivor      7,216        

beneficiary receiving a benefit on October 31, 1965, and for each  7,217        

successor to such benefit.  Beginning November 1, 1965, all        7,218        

survivor beneficiaries receiving benefits as of October 31, 1965,  7,219        

under division (C)(1) of FORMER section 3307.49 of the Revised     7,220        

Code shall be increased six dollars per month.                     7,221        

      On or before August 1, 1982, and on or before the first day  7,223        

of August in each year thereafter, the state teachers retirement   7,224        

board shall certify to the treasurer of state the amount required  7,225        

to be paid in the preceding fiscal year under divisions (A) and    7,226        

(B) of this section.  Upon receipt of this certification, the      7,227        

treasurer of state shall pay the amount certified.  The amount     7,228        

received by the state teachers retirement board shall be credited  7,229        

to the proper fund from which such additional payments are paid.   7,230        

      Sec. 3307.402 3307.694.  On and after July 1, 1968, all      7,239        

allowances, pensions, or other benefits which were payable before  7,241        

July 1, 1968, pursuant to the provisions of FORMER sections        7,242        

3307.26, 3307.38, 3307.41, 3307.43, 3307.49, and 3307.50 of the    7,243        

Revised Code, shall be increased by the percentages determined by  7,244        

the effective date of the allowance, pension, or benefit, as       7,245        

follows:                                                                        

      Effective Date of Benefit     Percentage of Increase         7,247        

            Calendar Year                                          7,248        

      1920 through 1955                      24.3                  7,250        

                                                          154    


                                                                 
      1956                                   22.5                  7,251        

      1957                                   18.4                  7,252        

      1958                                   15.2                  7,253        

      1959                                   14.3                  7,254        

      1960                                   12.5                  7,255        

      1961                                   11.3                  7,256        

      1962                                   10.1                  7,257        

      1963                                    8.7                  7,258        

      1964                                    7.3                  7,259        

      1965                                    5.6                  7,260        

      1966                                    2.6                  7,261        

      1967                                    2.0                  7,262        

      January 1, 1968, through                                     7,263        

         June 30, 1968                        2.0                               

      All increases determined by applying the percentages in the  7,266        

preceding table shall be reduced by the dollar amount of the       7,267        

increases granted in 1965 pursuant to divisions (D), (E), and (F)  7,268        

of FORMER section 3307.401 of the Revised Code, except that no     7,269        

allowance, pension, or benefit shall be reduced below the amount   7,270        

due on June 30, 1968, and no allowance granted under this section  7,271        

shall be less than a total annual sum of thirty-six dollars.       7,272        

      The allowances increased by this section shall exclude any   7,274        

monthly amount payable by reason of any voluntary deposits made    7,275        

under the provisions of sections 3307.33 3307.26 and 3307.51       7,277        

3307.741 of the Revised Code, except for prior service purchased   7,278        

before June 25, 1945.                                              7,279        

      The increases provided by this section shall be granted      7,281        

notwithstanding the final average salary limitation in FORMER      7,282        

sections 3307.38 and 3307.43 of the Revised Code.                  7,283        

      The cost of the increases provided by this section shall be  7,285        

included in the employer's contribution rate provided by sections  7,286        

3307.53 3307.28, 3307.56 3307.30, and 3307.64 3307.31 of the       7,288        

Revised Code.  Such employer's contribution rate shall not be      7,289        

increased until July 1, 1969, or later to reflect the increased    7,290        

                                                          155    


                                                                 
costs created by this section.                                     7,291        

      Sec. 3307.404 3307.695.  On and after December 31, 1971,     7,300        

all persons who retired and were eligible to receive a pension     7,302        

that was payable prior to July 1, 1968, pursuant to FORMER         7,303        

section 3307.38 or 3307.43 of the Revised Code, or in the event    7,304        

of the death of such persons, the person designated by the         7,305        

deceased to receive payments under FORMER section 3307.50 of the   7,306        

Revised Code, shall receive an additional monthly payment of two   7,308        

dollars for each year between the member's effective date of       7,309        

retirement or disability and December 31, 1971, or an additional   7,310        

fifty dollars, whichever is less.  On or before the first day of   7,311        

August in 1980 and on or before the first day of August in each    7,312        

year thereafter, the state teachers retirement board shall         7,313        

certify to the treasurer of state the amount required to be paid   7,314        

in the preceding fiscal year under this section.  Upon receipt of  7,315        

such certification, the treasurer of state shall pay to the state  7,316        

teachers retirement system the amount certified.                   7,317        

      Sec. 3307.406 3307.696.  Each person receiving benefits      7,326        

under FORMER section 3307.49 of the Revised Code who became        7,328        

eligible to receive such benefits under FORMER section 3307.48 of  7,330        

the Revised Code by virtue of the death of a member prior to July               

1, 1968, shall receive an additional monthly payment of two        7,331        

dollars for each year between the date of such member's death and  7,332        

December 31, 1972, or an additional fifty dollars, whichever is    7,333        

less.                                                                           

      Sec. 3307.407 3307.697.  On and after the effective date of  7,342        

this section DECEMBER 19, 1973, any person who retired or his THE  7,345        

RETIREE'S beneficiary, who was eligible to receive an allowance    7,347        

that was first payable on or after July 1, 1968, and prior to      7,348        

July 1, 1971, and the beneficiary of a member who died before      7,350        

service retirement on or after July 1, 1968, and prior to July 1,  7,351        

1971, receiving an allowance or benefit pursuant to FORMER         7,353        

sections 3307.38, 3307.41, 3307.43, 3307.49, or 3307.50 of the                  

Revised Code, shall receive an additional monthly payment of two   7,355        

                                                          156    


                                                                 
dollars for each year between the member's effective date of       7,356        

retirement, disability or death and July 1, 1973.                  7,357        

      Sec. 3307.409 3307.698.  (A)  Effective July 1, 1981, each   7,366        

person eligible to receive an allowance, pension, or benefit       7,368        

pursuant to FORMER sections 3307.38, 3307.41, 3307.43, division    7,369        

(C)(1) of FORMER section 3307.49, and FORMER section 3307.50 of    7,371        

the Revised Code that was based upon an award made effective       7,372        

before July 1, 1974, shall have his THE PERSON'S monthly           7,374        

allowance, pension, or benefit increased by five per cent, except  7,375        

that the twelve-month sum of such increases shall not exceed five  7,376        

per cent of the first five thousand dollars of the annual          7,377        

allowance, pension, or benefit.                                                 

      (B)  Effective July 1, 1981, each person receiving or        7,379        

qualified to receive a benefit, pursuant to division (C)(2) of     7,380        

FORMER section 3307.49 of the Revised Code, that was effective on  7,381        

and after June 14, 1951, through August 26, 1970, shall receive    7,382        

an increase in such benefit of five per cent.                      7,383        

      (C)  The increases provided in divisions (A) and (B) of      7,385        

this section shall be applied to the benefit payable on and after  7,386        

July 1, 1981.                                                      7,387        

      (D)  The increase in the monthly allowance, pension, or      7,389        

benefit provided in divisions (A) and (B) of this section shall    7,390        

be included in the calculation of additional benefits to           7,391        

recipients under section 3307.403 3307.67 of the Revised Code.     7,392        

      (E)  The benefit provided in divisions (A) and (B) of this   7,394        

section is a continuation of those first provided in Am. Sub.      7,395        

H.B. 204 as passed by the 113th general assembly.                  7,396        

      (F)  On or before the first day of August, 1982, and on or   7,398        

before the first day of August in each year thereafter, the state  7,399        

teachers retirement board shall certify to the treasurer of state  7,400        

the amounts needed to pay the cost of the additional payments      7,401        

required under this section for the preceding fiscal year.  Upon   7,402        

receipt of these certifications, the treasurer of state shall pay  7,403        

the amount certified.                                              7,404        

                                                          157    


                                                                 
      Sec. 3307.4010 3307.699.  As used in this section and        7,413        

section 3307.4011 3307.6910 of the Revised Code, "benefit" means   7,415        

any allowance, pension, or other benefit to which an individual    7,416        

is entitled and that he THE INDIVIDUAL receives pursuant to        7,417        

FORMER section 3307.38, 3307.41, 3307.43, 3307.49, or 3307.50 of   7,418        

the Revised Code.                                                               

      The annual amount of each benefit that was payable prior to  7,420        

February 1, 1983, shall, after the adjustments required by FORMER  7,422        

section 3307.403 of the Revised Code, be increased by five per     7,424        

cent.                                                                           

      Sec. 3307.4011 3307.6910.  (A)  The annual amount of each    7,433        

benefit that was based on an award made effective before July 1,   7,435        

1979, shall be increased as follows:                               7,436        

      Effective Date of                    Per Cent of             7,438        

            Award                      Increase in Benefit         7,439        

      Prior to July 1, 1971                   4.15                 7,440        

      July 1, 1971, through                                        7,441        

          August 31, 1976                     2.65                 7,442        

      September 1, 1976, through                                   7,443        

          June 30, 1979                       1.4                  7,444        

      (B)  Effective June 1, 1990, in addition to the increase     7,447        

provided under division (A) of this section, the annual amount of  7,448        

each benefit that was based on an award made effective before      7,449        

July 1, 1979, shall be increased as follows:                       7,450        

      Effective Date of                    Per Cent of             7,452        

            Award                      Increase in Benefit         7,453        

      Prior to July 1, 1971                   4.15                 7,454        

      July 1, 1971, through                                        7,455        

          August 31, 1976                     2.65                 7,456        

      September 1, 1976, through                                   7,457        

          June 30, 1979                       1.4                  7,458        

      (C)  Amounts paid pursuant to this section shall not be      7,461        

included in the base for future increases under FORMER section     7,462        

3307.403 of the Revised Code in any benefit.                       7,463        

                                                          158    


                                                                 
      Sec. 3307.4013 3307.6911.  (A)  As used in this section:     7,472        

      (1)  "Benefit" means a benefit, pension, or allowance        7,474        

PAYABLE under FORMER section 3307.38, 3307.41, 3307.43, 3307.431,  7,476        

3307.49, or 3307.50 of the Revised Code.                                        

      (2)  "Cumulative percentage change in the CPI" means the     7,478        

total percentage change in the consumer price index prepared by    7,479        

the United States bureau of labor statistics for urban wage        7,481        

earners and clerical workers (CPI-W:  U.S. city average, all       7,482        

items) from the thirty-first day of December immediately           7,483        

preceding the year in which the original benefit started through   7,484        

the thirty-first day of December immediately preceding the         7,485        

effective date of this section AUGUST 6, 1997.                     7,486        

      (3)  "Eligible recipient" means any person receiving a       7,488        

benefit on the effective date of this section AUGUST 6, 1997,      7,489        

that has been payable to that person or to any other person for    7,491        

at least twelve months.                                                         

      (4)  "Original benefit amount" means the initial amount of   7,493        

a benefit granted to the initial recipient of the benefit.         7,494        

      (B)  As of the effective date of this section AUGUST 6,      7,497        

1997, the state teachers retirement board shall determine an       7,498        

amount for each eligible recipient equal to the sum of the         7,499        

following amounts:                                                              

      (1)  An amount equal to seventy per cent of the original     7,501        

benefit amount for the recipient;                                  7,502        

      (2)  An amount equal to the product obtained when seventy    7,504        

per cent of the original benefit amount is multiplied by the       7,505        

cumulative percentage change in the CPI for the recipient.         7,506        

      (C)(1)  Except as provided in division (C)(2) of this        7,508        

section, if the amount of the annual benefit payable to an         7,509        

eligible recipient on the effective date of this section AUGUST    7,510        

6, 1997, is less than the amount determined for the recipient      7,512        

under division (B) of this section, the board shall recalculate    7,513        

that annual benefit so that it equals the amount determined under  7,514        

division (B) of this section.                                                   

                                                          159    


                                                                 
      (2)  If the recalculated benefit determined under division   7,516        

(C)(1) of this section for an eligible recipient whose retirement  7,517        

was effective before July 1, 1979, is less than one hundred three  7,518        

per cent of the annual benefit payable to the recipient on the     7,519        

effective date of this section AUGUST 6, 1997, the board shall     7,521        

recalculate the annual benefit so that it equals one hundred                    

three per cent of the annual benefit payable to the recipient on   7,522        

the effective date of this section AUGUST 6, 1997.                 7,524        

      An increase granted by division (C)(1) or (2) of this        7,526        

section to a benefit amount shall apply on and after the first     7,527        

day of the month following the effective date of this section      7,528        

AUGUST 6, 1997.                                                    7,529        

      (D)  The board shall include the increase in amount paid     7,531        

under this section in a person's base for purposes of future       7,532        

increases in any benefit under section 3307.403 3307.67 of the     7,533        

Revised Code.                                                                   

      Sec. 3307.78 3307.6912.  Effective September 1, 1947, the    7,542        

retirement allowances of retired Ohio teachers, or their           7,544        

beneficiaries under options elected at retirement and still in     7,545        

effect, on the retired list as of that date shall be recalculated  7,546        

and paid in accordance with the following:                         7,547        

      (A)  Members retired on superannuation effective prior to    7,549        

August 31, 1945, shall have the prior service portion of their     7,550        

allowances recalculated as of the date of retirement in            7,551        

accordance with division (C) of FORMER section 3307.38 of the      7,552        

Revised Code, with their "final average salary" determined as      7,553        

defined in FORMER section 3307.01 of the Revised Code.  Any        7,554        

allowance payable to members who retired on superannuation under   7,555        

an option selected at retirement, or payable to a beneficiary      7,556        

pursuant to such option, shall be adjusted upon the basis of the   7,557        

amount of allowance payable in accordance with this division.      7,558        

      (B)  Members retired on disability retirement prior to July  7,560        

1, 1945, shall have their allowances recalculated as of the date   7,561        

of retirement in accordance with divisions (A) and (B) of FORMER   7,562        

                                                          160    


                                                                 
section 3307.43 of the Revised Code, and with their final average  7,564        

salaries determined as defined in FORMER section 3307.01 of the    7,565        

Revised Code.                                                      7,566        

      (C)  Members retired on superannuation, commuted             7,568        

superannuation, or disability prior to June 30, 1947, with         7,569        

fifteen or more years of service credit shall receive a total      7,570        

allowance at the rate of not less than twenty dollars annually     7,571        

for each year of such service credit, except that a member         7,572        

retired on commuted superannuation shall have the reserve for any  7,573        

additional pension required to provide such minimum allowance      7,574        

commuted as of the date of retirement in the manner prescribed     7,575        

for the prior service pension in division (C) of FORMER section    7,576        

3307.40 of the Revised Code.  Any allowance payable to members     7,578        

who retired on superannuation under an option selected at          7,579        

retirement, or payable to a beneficiary pursuant to such option,   7,580        

shall be adjusted upon the basis of the amount of allowance        7,581        

payable in accordance with this division.  All pensions continued  7,582        

to pensioners following the merger of local district pension       7,583        

systems with the state teachers retirement system pursuant to      7,584        

FORMER sections 3307.68, 3307.69, and 3307.70 of the Revised Code  7,585        

shall be increased ten dollars per month provided no other         7,586        

benefit is payable by this section.                                7,587        

      (D)  In no case shall any recalculated allowance be          7,589        

increased in excess of twenty-five dollars per month by divisions  7,590        

(A), (B), and (C) of this section and in no case shall any         7,591        

allowances be decreased thereby.  In no case shall any such        7,592        

increases be payable prior to September 1, 1947.  The cost of      7,593        

providing such increased superannuation and commuted               7,594        

superannuation allowances shall be included in the prior service   7,595        

pension deficiency contribution rate provided for in FORMER        7,596        

section 3307.54 of the Revised Code.  The cost of providing such   7,597        

increased disability allowances shall be included in the normal    7,598        

contribution rate provided for in section 3307.53 3307.28 of the   7,600        

Revised Code.                                                      7,601        

                                                          161    


                                                                 
      Sec. 3307.6913.  (A)  AS USED IN THIS SECTION AND IN         7,603        

SECTION 3307.6914 OF THE REVISED CODE, "ELIGIBLE RECIPIENT" MEANS  7,605        

ANY PERSON RECEIVING A BENEFIT ON JULY 1, 1999.                    7,606        

      (B)  FOR EACH ELIGIBLE RECIPIENT OF A BENEFIT PAYABLE UNDER  7,608        

SECTION 3307.58, 3307.59, OR 3307.60 OF THE REVISED CODE, THE      7,610        

STATE TEACHERS RETIREMENT BOARD SHALL RECALCULATE THE ANNUAL       7,611        

SINGLE LIFETIME BENEFIT, EXCLUDING ANY INCREASES GRANTED UNDER     7,612        

SECTION 3307.67 OF THE REVISED CODE, OF THE BENEFIT PAYABLE TO     7,613        

THE RECIPIENT USING DIVISION (B) OF SECTION 3307.38 OF THE         7,615        

REVISED CODE AS THAT SECTION EXISTED IMMEDIATELY PRIOR TO THE      7,617        

EFFECTIVE DATE OF THIS SECTION, EXCEPT THAT THE RECALCULATED                    

ANNUAL SINGLE LIFETIME BENEFIT SHALL BE ADJUSTED BY THE PER CENT   7,618        

SHOWN IN THE SCHEDULE IN THE VERSION OF DIVISION (B) OF SECTION    7,619        

3307.38 OF THE REVISED CODE THAT WAS IN EFFECT AT THE TIME THE     7,620        

INITIAL RECIPIENT'S BENEFIT WAS CALCULATED ON THE BASIS OF AGE     7,621        

AND SERVICE.                                                                    

      (C)  IF THE AMOUNT DETERMINED UNDER DIVISION (B) OF THIS     7,624        

SECTION IS GREATER THAN THE ANNUAL SINGLE LIFETIME BENEFIT         7,625        

GRANTED THE RECIPIENT, THE BOARD SHALL RECALCULATE THE             7,627        

RECIPIENT'S BENEFIT SO THAT IT EQUALS THE ANNUAL SINGLE LIFETIME                

BENEFIT DETERMINED UNDER DIVISION (B) OF THIS SECTION OR ITS       7,628        

ACTUARIAL EQUIVALENT.                                              7,629        

      (D)  THE BOARD SHALL INCLUDE THE INCREASE IN AMOUNT PAID     7,631        

UNDER THIS SECTION IN AN INDIVIDUAL'S BASE FOR PURPOSES OF FUTURE  7,632        

INCREASE IN ANY BENEFIT UNDER SECTION 3307.67 OF THE REVISED       7,633        

CODE.                                                                           

      (E)  THE BOARD SHALL MAKE THE RECALCULATIONS REQUIRED UNDER  7,635        

THIS SECTION NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE      7,636        

EFFECTIVE DATE OF THIS SECTION.  THE BOARD MAY ADOPT RULES TO      7,637        

IMPLEMENT THIS SECTION.                                            7,638        

      Sec. 3307.6914.  (A)  AS USED IN THIS SECTION:               7,640        

      (1)  "CUMULATIVE PERCENTAGE CHANGE IN THE CPI" MEANS THE     7,642        

TOTAL PERCENTAGE CHANGE IN THE CONSUMER PRICE INDEX PREPARED BY    7,643        

THE UNITED STATES BUREAU OF LABOR STATISTICS FOR URBAN WAGE        7,645        

                                                          162    


                                                                 
EARNERS AND CLERICAL WORKERS (CPI-W:  U.S. CITY AVERAGE, ALL       7,648        

ITEMS) FROM THE THIRTY-FIRST DAY OF DECEMBER IMMEDIATELY           7,649        

PRECEDING THE YEAR IN WHICH THE ORIGINAL BENEFIT STARTED THROUGH                

THE THIRTY-FIRST DAY OF DECEMBER IMMEDIATELY PRECEDING THE         7,651        

EFFECTIVE DATE OF THIS SECTION.                                    7,652        

      (2)  "ORIGINAL BENEFIT AMOUNT" HAS THE SAME MEANING AS IN    7,654        

SECTION 3307.6911 OF THE REVISED CODE.                             7,655        

      (B)(1)  EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS        7,657        

SECTION, FOR EACH ELIGIBLE RECIPIENT OF A BENEFIT PAYABLE UNDER    7,658        

SECTION 3307.58, 3307.59, 3307.60, 3307.63, 3307.631, OR 3307.66   7,659        

OF THE REVISED CODE, THE BOARD SHALL DETERMINE AN AMOUNT EQUAL TO  7,661        

THE SUM OF THE FOLLOWING AMOUNTS:                                               

      (a)  AN AMOUNT EQUAL TO EIGHTY-FIVE PER CENT OF THE          7,663        

ORIGINAL BENEFIT AMOUNT, EXCEPT THAT IF THE RECIPIENT IS NOT THE   7,664        

INDIVIDUAL TO WHOM THE ORIGINAL BENEFIT AMOUNT WAS GRANTED, THE    7,665        

AMOUNT SHALL EQUAL EIGHTY-FIVE PER CENT OF THE PRODUCT OBTAINED    7,666        

WHEN THE ORIGINAL BENEFIT AMOUNT IS MULTIPLIED BY THE PERCENTAGE   7,667        

OF THE ORIGINAL BENEFIT AMOUNT BEING PAID TO THE RECIPIENT;        7,668        

      (b)  AN AMOUNT EQUAL TO THE PRODUCT OBTAINED WHEN THE        7,670        

AMOUNT DETERMINED UNDER DIVISION (B)(1) OF THIS SECTION IS         7,671        

MULTIPLIED BY THE CUMULATIVE PERCENTAGE CHANGE IN THE CPI.         7,672        

      (2)  FOR EACH ELIGIBLE RECIPIENT OF A BENEFIT UNDER SECTION  7,674        

3307.66 OF THE REVISED CODE THAT IS PAYABLE BY REASON OF THE       7,675        

DEATH OF A MEMBER WHO, AT THE TIME OF DEATH, WAS RECEIVING A       7,677        

BENEFIT UNDER SECTION 3307.63 OR 3307.631 OF THE REVISED CODE,     7,678        

THE BOARD SHALL DETERMINE ALL OF THE FOLLOWING:                    7,679        

      (a)  THE PRODUCT OBTAINED BY MULTIPLYING THE DECEASED        7,681        

MEMBER'S FINAL AVERAGE SALARY BY THE CUMULATIVE PERCENTAGE CHANGE  7,682        

IN THE CPI.                                                        7,683        

      (b)  EIGHTY-FIVE PER CENT OF THE PRODUCT OBTAINED UNDER      7,686        

DIVISION (B)(2)(a) OF THIS SECTION.                                7,687        

      (c)  THE AMOUNT OF THE BENEFIT THAT WOULD BE PAYABLE UNDER   7,689        

SECTION 3307.66 OF THE REVISED CODE IF THE PRODUCT OBTAINED UNDER  7,690        

DIVISION (B)(2)(b) OF THIS SECTION WAS USED AS THE DECEASED        7,692        

                                                          163    


                                                                 
MEMBER'S FINAL AVERAGE SALARY.                                     7,693        

      (C)  IF THE AMOUNT DETERMINED UNDER DIVISION (B) OF THIS     7,695        

SECTION IS GREATER THAN THE ANNUAL BENEFIT BEING PAID TO THE       7,697        

RECIPIENT, THE BOARD SHALL RECALCULATE THE ANNUAL BENEFIT PAYABLE  7,698        

ON THE EFFECTIVE DATE OF THIS SECTION SO THAT IT EQUALS THE        7,699        

AMOUNT DETERMINED UNDER THAT DIVISION.  IF THE RECIPIENT'S         7,700        

BENEFIT WAS RECALCULATED UNDER DIVISION (C) OF SECTION 3307.6913   7,701        

OF THE REVISED CODE, THE BOARD SHALL USE THE RECALCULATED BENEFIT  7,703        

IN MAKING A DETERMINATION UNDER THIS SECTION.                      7,704        

      (D)  THE BOARD SHALL INCLUDE THE INCREASE IN AMOUNT PAID     7,706        

UNDER THIS SECTION IN AN INDIVIDUAL'S BASE FOR PURPOSES OF FUTURE  7,707        

INCREASE IN ANY BENEFIT UNDER SECTION 3307.67 OF THE REVISED       7,708        

CODE.                                                                           

      (E)  THE BOARD SHALL MAKE THE RECALCULATIONS REQUIRED UNDER  7,710        

THIS SECTION NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE      7,711        

EFFECTIVE DATE OF THIS SECTION.  THE BOARD MAY ADOPT RULES TO      7,712        

IMPLEMENT THIS SECTION.                                            7,713        

      Sec. 3307.281 3307.70.  (A)  The state teachers retirement   7,722        

board may establish by rule payroll deduction plans for payment    7,724        

of the following:                                                  7,726        

      (1)  The cost of restoring service credit under section      7,728        

3307.28 3307.71 or 3307.282 3307.711 of the Revised Code or        7,730        

purchasing any service credit members of the state teachers        7,732        

retirement system are eligible to purchase under this chapter;     7,733        

      (2)  Charges for participation in programs established       7,735        

under section 3307.741 3307.391 of the Revised Code.               7,736        

      (B)  In addition to any other matter considered relevant by  7,738        

the board, the rules adopted under this section shall specify all  7,739        

of the following:                                                  7,740        

      (1)  The types of service credit that may be paid for        7,742        

through payroll deduction, including the section of the Revised    7,743        

Code that authorizes the purchase of each type of service credit   7,744        

for which payment may be made by payroll deduction;                7,745        

      (2)  The procedure for informing the member's employer and   7,750        

                                                          164    


                                                                 
the system that the member wishes to use payroll deduction to      7,752        

purchase service credit or pay for participation in programs                    

established under section 3307.741 3307.391 of the Revised Code;   7,754        

      (3)  The procedure to be followed by the system and          7,756        

employers to determine for each request the amount to be           7,757        

deducted, the number of deductions to be made, and the interval    7,758        

at which deductions will be made.  The rules may provide for a     7,759        

minimum amount for each deduction.  They may also provide for a    7,760        

maximum number of deductions for the purchase of any type of       7,761        

service credit.                                                    7,762        

      (4)  The procedure to be followed by employers in            7,764        

transmitting amounts deducted from the compensation of their       7,765        

employees to the system;                                           7,766        

      (5)  The procedure to be followed by the system in           7,768        

crediting service credit to members who choose to purchase it      7,769        

through payroll deduction;                                         7,770        

      (6)  The time period within which employers are required to  7,772        

transmit amounts deducted from payrolls to the system.             7,773        

      (C)(1)  If the board establishes a payroll deduction plan    7,775        

under this section, it shall certify to the member's employer,     7,776        

for each member for whom deductions are to be made, the amount of  7,777        

each deduction and the payrolls from which deductions are to be    7,778        

made.  The employer shall make the deductions as certified and     7,779        

transmit the amounts deducted in accordance with the rules         7,780        

established by the board under this section.                       7,781        

      (2)  If an employer does not transmit amounts deducted from  7,783        

the compensation of an employee to the system within the time      7,784        

period specified in rules adopted under division (B)(6) of this    7,785        

section, the employer shall pay interest on the deducted amount    7,786        

compounded annually at a rate to be determined by the board from   7,787        

the date the amount is deducted to the date it is transmitted to   7,788        

the system.                                                        7,789        

      (D)  Rules adopted under this section shall not affect any   7,791        

right to purchase service credit conferred by any other section    7,792        

                                                          165    


                                                                 
of the Revised Code, including the right of a member under any     7,793        

such section to purchase only part of the service credit the       7,794        

member is eligible to purchase.                                    7,796        

      (E)  No payroll deduction made pursuant to this section may  7,798        

exceed the amount of a member's net compensation after all other   7,799        

deductions and withholdings required by law.                       7,800        

      (F)  No payments made to the system under this section       7,802        

shall affect any contribution required by section 3307.51 3307.26  7,804        

or 3307.53 3307.28 of the Revised Code.                            7,805        

      Sec. 3307.28 3307.71.  The membership of any person in the   7,814        

state teachers retirement system shall cease on occurrence of any  7,817        

of the following:  receipt of payment pursuant to section 3307.46  7,818        

of the Revised Code; retirement as provided in section 3307.38 or  7,819        

3307.39 of the Revised Code; death; or denial of membership        7,820        

pursuant to section 3307.27 of the Revised Code.                                

      Except as provided in this section, a member or former       7,822        

member of the state teachers retirement system with PARTICIPATING  7,824        

IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE        7,825        

REVISED CODE WHO HAS at least one and one-half years of                         

contributing service credit in this system, the public employees   7,826        

retirement system, the school employees retirement system, the     7,827        

Ohio police and fire pension fund, or the state highway patrol     7,830        

retirement system after the withdrawal and cancellation of         7,831        

service credit in this system may restore all or part of such      7,832        

service credit by repayment of the amount withdrawn.  To this      7,833        

amount shall be added interest at a rate per annum, compounded     7,834        

annually, to be determined by the STATE TEACHERS retirement        7,835        

board.  Interest shall be payable from the first of the month of   7,837        

withdrawal through the month of repayment.  A member may choose    7,838        

to purchase only part of such credit in any one payment.  The      7,839        

cost for restoring partial service shall be calculated as the      7,840        

proportion that it bears to the total cost at the time of          7,841        

purchase and is subject to the rules established by the board.     7,842        

If a former member is eligible to buy the service credit as a      7,843        

                                                          166    


                                                                 
member of the Ohio police and fire pension fund or state highway   7,846        

patrol retirement system, the former member is ineligible to       7,847        

restore that service credit under this section.                    7,848        

      The total payment to restore canceled service credit shall   7,851        

be credited as follows:                                                         

      (A)  The amount that equals contributions made pursuant to   7,853        

section 3307.51 3307.26 of the Revised Code, plus any interest on  7,855        

the contributions paid by the member pursuant to this section, to  7,856        

the member's account in the teachers' savings fund;                7,857        

      (B)  The amount that equals the amount paid under section    7,859        

3307.80 3307.563 of the Revised Code, to the employers trust       7,860        

fund;                                                                           

      (C)  The remainder of the payment to restore canceled        7,862        

service credit, to the guarantee fund.                             7,863        

      Sec. 3307.282 3307.711.  (A)  A member of the state          7,872        

teachers retirement system who has at least eighteen months of     7,875        

contributing service credit in the system, the police and                       

firemen's disability and pension fund, public employees            7,877        

retirement system, school employees retirement system, or state    7,878        

highway patrol retirement system, and is a former member of or no  7,879        

longer contributing to the public employees retirement system or   7,880        

school employees retirement system may restore service credit      7,881        

under section 145.31 or 3309.26 of the Revised Code by making      7,882        

payments pursuant to this section through a payroll deduction      7,883        

plan established under section 3307.281 3307.70 of the Revised     7,885        

Code.  A member seeking to restore this service credit shall       7,887        

notify the state teachers retirement system on a form approved by               

the state teachers retirement board.  After receiving the notice,  7,889        

the state teachers retirement system shall request that the        7,890        

former retirement system calculate under section 145.312 or        7,891        

3309.262 of the Revised Code the cost to the member to restore     7,893        

service credit for each year or portion of a year of service for   7,894        

which the member seeks to restore the service credit.  The amount  7,895        

the former retirement system certifies as the cost of restoring    7,896        

                                                          167    


                                                                 
the service credit, plus interest described in division (B) of     7,897        

this section, is the cost to the member of restoring the service   7,898        

credit.  On receiving the certification from the former                         

retirement system, the state teachers retirement system shall      7,900        

notify the member of the cost.                                     7,901        

      (B)  For each year or portion of a year of service credit    7,903        

restored under section 145.31 or 3309.26 of the Revised Code, a    7,904        

member shall pay to the state teachers retirement system the       7,906        

amount certified by the former retirement system plus interest at  7,907        

a rate specified by the former retirement system under section     7,908        

145.312 or 3309.262 of the Revised Code for the period during      7,909        

which deductions are made under section 3307.281 3307.70 of the    7,910        

Revised Code.                                                      7,912        

      (C)  The state teachers retirement board shall annually      7,915        

notify the former retirement system that a payment to restore      7,916        

service credit under section 145.31 or 3309.26 of the Revised      7,917        

Code has been made.  At the time the payment is transferred under  7,918        

division (D) of this section, the former retirement system shall   7,919        

restore the service credit for the year or portion of a year for   7,920        

which the payment was made.                                        7,921        

      (D)  On application for a payment of accumulated             7,923        

contributions or an age and service retirement, disability, or     7,925        

survivor benefit under Chapter 145., 3307., or 3309. of the        7,926        

Revised Code by a member who made payments under this section to   7,928        

restore service credit in a former retirement system, the state    7,929        

teachers retirement system shall pay to the former retirement      7,930        

system an amount equal to the total amount paid by the member      7,932        

under this section.                                                             

      (E)  The board shall adopt rules to implement this section.  7,934        

      Sec. 3307.283 3307.712.  After receiving a request from the  7,943        

public employees retirement system under division (A) of section   7,945        

145.311 or the school employees retirement system under division   7,947        

(A) of section 3309.261 of the Revised Code, the state teachers    7,950        

retirement system shall do both of the following:                  7,951        

                                                          168    


                                                                 
      (A)  Calculate and certify to the requesting retirement      7,954        

system the cost to a former member to restore service credit       7,955        

under section 3307.28 3307.71 of the Revised Code for each year    7,956        

or portion of a year for which the former member seeks to restore  7,958        

service credit under that section.                                              

      (B)  Inform the requesting retirement system of the rate of  7,960        

interest charged to a member under a payroll deduction plan        7,961        

authorized under section 3307.281 3307.70 of the Revised Code.     7,962        

      Sec. 3307.73 3307.72.  The state teachers retirement board   7,971        

shall credit years of service to a member PARTICIPATING IN THE     7,973        

PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE  7,974        

who was employed for teaching service by an employer who failed    7,975        

to make retirement contributions to the state teachers retirement  7,976        

system during any year or years beginning on or after September    7,977        

1, 1920, if the member deposits in the teachers' savings fund a    7,978        

per cent of the member's annual compensation for such service, at  7,980        

the rate of contribution then in effect, plus interest compounded  7,981        

annually at a rate established by the retirement board.  The       7,982        

member may choose to purchase only part of such credit in any one  7,983        

payment, subject to board rules.                                   7,984        

      The employer shall, upon the request of such member,         7,986        

certify the amount of compensation by years of employment to the   7,988        

secretary of the board.  For teaching service on or after July 1,  7,989        

1978, the employer shall pay an amount equal to the employer       7,990        

contributions due at the time the service occurred, plus compound               

interest at a rate determined by the board from the date the       7,991        

service began to the date of payment.                              7,992        

      Sec. 3307.22 3307.73.  (A)(1)  Except as provided in         8,001        

division (A)(2) of this section, a member of the state teachers    8,002        

retirement system with PARTICIPATING IN THE PLAN DESCRIBED IN      8,003        

SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE WHO HAS at least   8,004        

eighteen months of contributing service in the system, the public  8,006        

employees retirement system, or the school employees retirement    8,007        

system who CHOSE TO BE exempted himself from membership in one or  8,010        

                                                          169    


                                                                 
more of the systems pursuant to section 145.03, or 3309.23 of the  8,011        

Revised Code, or former section 3307.25 or 3309.25 of the Revised  8,012        

Code, or was exempt under section 3307.27 3307.24 of the Revised   8,014        

Code, may purchase credit for each year or portion of a year of    8,015        

service for which he THE MEMBER was exempted.                                   

      (2)  A member may not purchase credit under this section     8,017        

for service that was exempted from contribution under section      8,018        

3307.27 3307.24 of the Revised Code and subject to the tax on      8,019        

wages imposed by the "Federal Insurance Contributions Act," 68A    8,021        

Stat. 415 (1954), 26 U.S.C.A. 3101, as amended.                    8,022        

      (B)  For each year or portion of a year of credit purchased  8,024        

under this section, a member shall pay to the STATE TEACHERS       8,025        

retirement system an amount determined by multiplying the          8,027        

member's compensation for the twelve months of contributing        8,028        

service preceding the month in which he THE MEMBER applies to      8,029        

purchase the credit by a percentage rate established by rule of    8,031        

the state teachers retirement board adopted under division (F) of  8,032        

this section.                                                                   

      (C)  Subject to board rules, a member may purchase all or    8,034        

part of the credit he THE MEMBER is eligible to purchase under     8,035        

this section in one or more payments.  If the member purchases     8,037        

the credit in more than one payment, compound interest at a rate   8,038        

specified by rule of the board shall be charged on the balance     8,039        

remaining after the first payment is made.                         8,040        

      (D)  Credit purchasable under this section shall not exceed  8,042        

one year of service for any twelve-month period.  If the period    8,043        

of service for which credit is purchasable under this section is   8,044        

concurrent with a period of service that will be used to           8,045        

calculate a retirement benefit from this system, the public        8,046        

employees retirement system, or the school employees retirement    8,047        

system, the amount of the credit shall be adjusted in accordance   8,048        

with rules adopted by the state teachers retirement board.         8,049        

      A member who is also a member of the public employees        8,051        

retirement system or the school employees retirement system shall  8,052        

                                                          170    


                                                                 
purchase credit for any service for which he THE MEMBER exempted   8,053        

himself SELF under section 145.03 or 3309.23 of the Revised Code,  8,055        

or former section 3307.25 or 3309.25 of the Revised Code, or was   8,056        

exempt under section 3307.27 3307.24 of the Revised Code, from     8,057        

the retirement system in which he THE MEMBER has the greatest      8,059        

number of years of service credit.  If the member receives         8,061        

benefits under section 3307.41 3307.57 of the Revised Code, the    8,063        

state retirement system that determines and pays the retirement    8,064        

benefit shall receive from the other system or systems the         8,065        

amounts paid by the member for purchase of credit for exempt       8,066        

service plus interest at the actuarial assumption rate of the      8,067        

system paying that amount.  The interest shall be for the period   8,068        

beginning on the date of the member's last payment for purchase    8,069        

of the credit and ending on the date of the member's retirement.   8,070        

      (E)  If a member dies or withdraws from service, any         8,072        

payment made by the member under this section shall be considered  8,073        

as accumulated contributions of the member.                        8,074        

      (F)  The retirement board shall adopt rules to implement     8,076        

this section.                                                      8,077        

      Sec. 3307.32 3307.74.  (A)  Service credit purchased under   8,086        

this section shall be included in the member's total service       8,088        

credit. Credit may be purchased BY A MEMBER PARTICIPATING IN THE   8,089        

PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE  8,090        

for the following:                                                              

      (1)  Teaching service in a public or private school,         8,092        

college, or university of this or another state, and for teaching  8,093        

service in any school or entity operated by or for the United      8,094        

States government.  Teaching credit purchased under this section   8,095        

shall be limited to service rendered in schools, colleges, or      8,096        

universities chartered or accredited by the appropriate            8,097        

governmental agency.                                               8,098        

      (2)  Public service with another state or the United States  8,100        

government, provided that such credit shall be limited to service  8,101        

that would have been covered by the state teachers retirement      8,102        

                                                          171    


                                                                 
system, the school employees retirement system, the Ohio police    8,104        

and fire pension fund, the state highway patrol retirement         8,107        

system, or the public employees retirement system if served in a   8,108        

comparable public position in this state.                                       

      (3)  Service for which contributions were made by the        8,110        

member or on the member's behalf to a municipal retirement system  8,112        

in this state.                                                     8,113        

      The number of years of service purchased under this section  8,115        

shall not exceed the lesser of five years or the member's total    8,116        

accumulated number of years of Ohio service.                       8,117        

      (B)(1)  Except as otherwise provided in division (B)(2) of   8,119        

this section, for each year of service purchased under this        8,120        

section, a member shall pay to the state teachers retirement       8,121        

system for credit to the member's accumulated account an amount    8,123        

equal to the member's retirement contribution for full-time        8,124        

employment for the first year of Ohio service following            8,126        

termination of the service to be purchased.  To this amount shall  8,127        

be added an amount equal to compound interest at a rate            8,128        

established by the state teachers retirement board from the date   8,129        

of membership in the state teachers retirement system to the date  8,130        

of payment.                                                                     

      (2)  For each year of service described in division (A) of   8,132        

this section that commenced on or after July 1, 1989, and,         8,133        

without regard to when the service commenced, for each year of     8,134        

service purchased under division (A) of this section by a member   8,135        

who first established membership in the retirement system on or    8,136        

after July 1, 1989, the member shall pay to the retirement system  8,137        

for credit to the member's individual account an amount specified  8,139        

by the state teachers retirement board that shall be not less      8,140        

than fifty per cent of the additional liability resulting from     8,141        

the purchase of that year of service as determined by an actuary   8,142        

employed by the board.                                             8,143        

      (3)  A member may choose to purchase only part of the        8,145        

credit the member is eligible to purchase under this section in    8,147        

                                                          172    


                                                                 
any one payment, subject to board rules.                           8,148        

      (C)  A member is ineligible to purchase under this section   8,150        

service that is used in the calculation of any retirement benefit  8,151        

currently being paid or payable in the future to such member       8,152        

under any other retirement program, except social security.  At    8,153        

the time the credit is purchased, the member shall certify on a    8,154        

form furnished by the retirement board that the member does and    8,156        

will conform to this requirement.                                  8,157        

      (D)  Credit purchased under this section may be combined     8,159        

pursuant to section 3307.41 3307.57 of the Revised Code with       8,160        

credit purchased under sections 145.293 and 3309.31 of the         8,162        

Revised Code, except that not more than a total of five years'     8,163        

service credit purchased under this section and sections 145.293   8,164        

and 3309.31 of the Revised Code shall be used in determining       8,165        

retirement eligibility or calculating benefits under section       8,166        

3307.41 3307.57 of the Revised Code.                               8,168        

      (E)  The retirement board shall establish a policy to        8,170        

determine eligibility to purchase credit under this section, and   8,171        

its decision shall be final.                                       8,172        

      Sec. 3307.33 3307.741.  (A)  As used in this section,        8,181        

"other Ohio state retirement system" means the public employees    8,183        

retirement system, the school employees retirement system, the     8,184        

Ohio police and fire pension fund, or the state highway patrol     8,187        

retirement system.                                                              

      (B)  Any member PARTICIPATING IN THE PLAN DESCRIBED IN       8,189        

SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE, in addition to    8,190        

service as a teacher, may purchase credit for either of the        8,191        

following:                                                                      

      (1)  Similar service as a teacher in the public day          8,193        

schools, in state universities, state normal schools, and other    8,194        

state or municipal institutions of a character similar to the      8,195        

state or municipally supported schools of Ohio in which            8,196        

membership in the state teachers retirement system is allowed, of  8,197        

another state of the United States, or of any territory or         8,198        

                                                          173    


                                                                 
possession of the United States, or of the District of Columbia;   8,199        

       (2)  Similar service as an employee of an employer who      8,201        

comes within any other Ohio state retirement system but for        8,202        

service which is rendered at any time in another state of the      8,203        

United States or of any territory or possession thereof, or for    8,204        

service as an employee of the United States government, provided   8,205        

credit cannot be purchased for service credit or benefits          8,206        

received in any other state retirement system in Ohio.             8,207        

      (C)  Any member who has at least ten years of total service  8,209        

credit may also purchase credit for similar service as a teacher   8,210        

in a private school, college, university, or other educational     8,211        

institution that is located in this or another state, in any       8,212        

territory or possession of the United States, or in the District   8,213        

of Columbia, and is chartered or accredited by the appropriate     8,214        

governmental agency.                                               8,215        

      (D)  The state teachers retirement board shall have final    8,217        

authority to determine and fix the amount of the payment that      8,218        

shall be made for credit for service purchased under this          8,219        

section, provided that if the member established membership in     8,220        

the state teachers retirement system on or after July 1, 1989, or  8,221        

the credit is for service described in division  (B) or (C) of     8,222        

this section that commenced on or after July 1, 1989, the amount   8,223        

of the payment fixed by the board shall be not less than fifty     8,224        

per cent of the additional liability resulting from the credit as  8,225        

specified by an actuary employed by the board.                     8,226        

      A member may choose to purchase only part of the credit the  8,228        

member is eligible to purchase under this section in any one       8,230        

payment, subject to board rules.  Such payment, together with      8,231        

interest compounded annually at a rate to be determined by the     8,232        

board, may be refunded under the same conditions and in the same   8,233        

manner as refunds are made under section 3307.51 3307.26 of the    8,234        

Revised Code, and the credit provided by such payment shall be     8,236        

canceled.  At superannuation or commuted superannuation            8,237        

retirement such payment for service, with regular interest         8,238        

                                                          174    


                                                                 
compounded annually at a rate to be determined by the board,       8,239        

shall be deposited in the annuity and pension reserve fund as the  8,240        

reserve for additional annuity as provided in section 3307.51      8,241        

3307.26 of the Revised Code, excepting moneys charged for any      8,243        

additional liabilities resulting from the purchase of the service  8,244        

credit as determined by the actuary employed by the board.         8,245        

      Sec. 3307.02 3307.75.  (A)  As used in this section, "armed  8,254        

forces" of the United States includes both:                        8,256        

      (1)  Army, navy, air force, marine corps, coast guard,       8,258        

auxiliary corps as established by congress, army nurse corps,      8,259        

navy nurse corps, red cross nurse serving with the army, navy,     8,260        

air force, or hospital service of the United States, full-time     8,261        

service with the American red cross in a combat zone, and such     8,262        

other service as is designated by the congress as included         8,263        

therein;                                                           8,264        

      (2)  Personnel of the Ohio national guard, the Ohio          8,266        

military reserve, the Ohio naval militia, and the reserve          8,267        

components of the armed forces enumerated in division (A)(1) of    8,268        

this section who are called to active duty pursuant to an          8,269        

executive order issued by the president of the United States or    8,270        

an act of congress.                                                8,271        

      (B)  Upon presentation of an honorable discharge or          8,273        

certificate of service, and subject to rules adopted by the state  8,274        

teachers retirement board, any member of the state teachers        8,275        

retirement system PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS  8,276        

3307.50 TO 3307.79 OF THE REVISED CODE who was or is out of        8,278        

active service as a teacher by reason of having become a member    8,279        

of the armed forces of the United States on active duty or         8,280        

service shall be considered as on indefinite leave of absence and  8,281        

shall have such service not in excess of ten years considered as   8,282        

the equivalent of prior service, provided the member returns to    8,283        

service as a teacher within two years after the effective date of  8,284        

discharge and establishes one year of service credit, or becomes   8,285        

a member of either the public employees retirement system or the   8,286        

                                                          175    


                                                                 
school employees retirement system within such two-year period     8,287        

and establishes at least one year of service credit.  The          8,288        

retirement board shall extend such two-year period an additional   8,289        

year if failure to return is due to continuous professional        8,290        

training as determined by said board.  If such member, otherwise   8,291        

qualified for such credit, canceled membership by the withdrawal   8,293        

of the member's accumulated account, such military service credit  8,294        

shall be granted following the restoration of the member's         8,295        

canceled service credit as provided by section 3307.28 3307.71 of  8,297        

the Revised Code.  Any member of the state teachers retirement     8,299        

system or anyone who becomes a new entrant who is assigned or      8,300        

called to take charge of special training for essential national   8,301        

defense work or veterans' training courses in any of the public    8,302        

schools or universities of the state may make regular              8,303        

contributions to the state teachers retirement system even though  8,304        

the member's or new entrant's salary is paid from federal funds,   8,307        

provided the member's or new entrant's salary is disbursed by an   8,308        

employer.                                                                       

      (C)  A member of the state teachers retirement system is     8,310        

ineligible to receive service credit under this section for any    8,311        

year of military service credit used in the calculation of any     8,312        

retirement benefit currently being paid to the member or payable   8,313        

in the future under any other retirement program, except social    8,314        

security, or used to obtain service credit pursuant to section     8,315        

3307.021 3307.751 or 3307.022 3307.752 of the Revised Code.  At    8,317        

the time such credit is requested, the member shall certify on a   8,319        

form supplied by the retirement board that the member does and     8,320        

will conform to this requirement.  This division does not cancel   8,321        

any military service credit earned prior to March 15, 1979.        8,322        

      Sec. 3307.021 3307.751.  (A)  A member PARTICIPATING IN THE  8,331        

PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE  8,332        

may purchase service credit that shall be considered as the        8,334        

equivalent of Ohio service for each year of service incurred by    8,335        

reason of having been on active duty as a member of the armed      8,336        

                                                          176    


                                                                 
forces of the United States, as defined in section 3307.02         8,337        

3307.75 of the Revised Code.  The credit may be purchased at any   8,339        

time prior to the effective date of a benefit.  The number of      8,340        

years purchased under this division shall not exceed five.         8,341        

      (B)  For the purposes of this division, "prisoner of war"    8,343        

means any regularly appointed, enrolled, enlisted, or inducted     8,344        

member of the armed forces of the United States who was captured,  8,345        

separated, and incarcerated by an enemy of the United States.      8,346        

      A member PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS     8,348        

3307.50 TO 3307.79 OF THE REVISED CODE may purchase service        8,349        

credit that shall be considered as the equivalent of Ohio service  8,350        

for each year of service such member was a prisoner of war.  The   8,351        

number of years purchased under this division shall not exceed     8,352        

five.  Service credit may be purchased under this division for     8,353        

the same years of service used to purchase service credit under    8,354        

division (A) of this section.                                      8,355        

      (C)  The total number of years purchased under this section  8,357        

shall not exceed the member's total accumulated number of years    8,358        

of Ohio service.                                                   8,359        

      (D)(1)  Except as otherwise provided in division (D)(2) of   8,361        

this section, for each year of service purchased under division    8,362        

(A) or (B) of this section, the member shall pay to the state      8,363        

teachers retirement system for credit to the member's accumulated  8,365        

account an amount determined by the member rate of contribution    8,366        

in effect at the time the military service began multiplied by     8,367        

the member's annual compensation for full-time employment during   8,369        

the first year of service in Ohio following termination of         8,370        

military service.  If, however, a limit on maximum salary or       8,371        

maximum contribution was in effect at the time the military        8,372        

service began, the limit shall be applied to the salary received   8,373        

during the first year of service in Ohio to calculate the amount   8,374        

of payment.  To this amount shall be added an amount equal to      8,375        

compound interest at a rate established by the state teachers      8,376        

retirement board from the date active military service terminated  8,377        

                                                          177    


                                                                 
to date of payment.                                                             

      (2)  For each year of service purchased under division (A)   8,379        

or (B) of this section for military service that commenced on or   8,380        

after July 1, 1989, and, without regard to when the military       8,381        

service commenced, for each year of service purchased under        8,382        

division (A) or (B) of this section by a member who first          8,383        

established membership in the retirement system on or after July   8,384        

1, 1989, the member shall pay to the retirement system for credit  8,385        

to the member's individual account an amount specified by the      8,387        

state teachers retirement board that shall be not less than fifty  8,388        

per cent of the additional liability resulting from the purchase   8,389        

of that year of service as determined by an actuary employed by    8,390        

the board.                                                         8,391        

      (3)  A member may choose to purchase only part of the        8,393        

credit the member is eligible to purchase under this section in    8,395        

any one payment, subject to board rules.                           8,396        

      (E)  A member of the state teachers retirement system is     8,398        

ineligible to purchase service credit under this section for any   8,399        

year of military service that was:                                 8,400        

      (1)  Used in the calculation of any retirement benefit       8,403        

currently being paid to such member or payable in the future       8,404        

under any other retirement program, except for retired pay for     8,405        

non-regular service under Chapter 1223 of Section 1662 of Title    8,407        

XVI of the "National Defense Authorization Act for Fiscal Year     8,408        

1995," 108 Stat. 2998 (1994), 10 U.S.C.A. 12731 to 12739, or       8,409        

social security;                                                   8,410        

      (2)  Used to obtain service credit pursuant to section       8,412        

3307.02 3307.75 or 3307.022 3307.752 of the Revised Code.          8,414        

      At the time the credit is purchased, the member shall        8,417        

certify on a form furnished by the retirement board that the       8,418        

member does and will conform to this requirement.                  8,420        

      (F)  Credit purchased under this section may be combined     8,422        

pursuant to section 3307.41 3307.57 of the Revised Code with       8,423        

credit for military service purchased under sections 145.301 and   8,425        

                                                          178    


                                                                 
3309.021 of the Revised Code, except that not more than a total    8,426        

of five years of credit purchased under division (A) of this       8,427        

section, division (A) of section 145.301, and division (A) of      8,428        

section 3309.021 and not more than a total of five years of        8,429        

credit purchased under division (B) of this section, division (B)  8,430        

of section 145.301, and division (B) of section 3309.021 of the    8,431        

Revised Code shall be used in determining retirement eligibility   8,432        

or calculating benefits under section 3307.41 3307.57 of the       8,433        

Revised Code.                                                                   

      Sec. 3307.022 3307.752.  (A)  As used in this section:       8,443        

      (1)  "Service in the uniformed services" means the           8,445        

performance of duty on a voluntary or involuntary basis in a       8,446        

uniformed service under competent authority and includes active    8,447        

duty, active duty for training, initial active duty for training,  8,449        

inactive duty training, full-time national guard duty, and a       8,450        

period for which a person is absent from a position of employment  8,451        

for the purpose of an examination to determine the fitness of the  8,452        

person to perform any such duty.                                                

      (2)  "Uniformed services" means the army, navy, air force,   8,454        

marine corps, coast guard, or any reserve components of such       8,455        

services; national guard; the commissioned corps of the United     8,457        

States public health service; service as a red cross nurse with    8,459        

the army, navy, air force, or hospital service of the United       8,460        

States, army nurse corps, navy nurse corps, or serving full-time   8,462        

with the American red cross in a combat zone; and any other        8,464        

category of persons designated by the president in time of war or  8,465        

emergency.                                                                      

      (B)  On THE re-employment of a member PARTICIPATING IN THE   8,468        

PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE  8,469        

as a teacher by the same public employer that employed the member  8,470        

prior to the member's service in the uniformed services, the       8,471        

member may apply to the state teachers retirement system on a      8,472        

form provided by the system to purchase service credit for         8,473        

service in the uniformed services that shall be considered the     8,474        

                                                          179    


                                                                 
equivalent of Ohio service credit.  On receipt of the              8,476        

application, the retirement system shall request from the          8,477        

employer that employed the member as a teacher prior to the        8,478        

military service a certification that the member was employed by   8,479        

the employer prior to, and returned to employment with the         8,480        

employer within three months of honorable discharge or release     8,481        

from, service in the uniformed services.  If the employer can so   8,482        

certify, it shall do so and shall pay to the retirement system     8,483        

the employer's contribution required by this section.  The         8,484        

service credit shall be granted the member if all of the           8,485        

following requirements are met:                                                 

      (1)  The member was a member of and maintained membership    8,487        

in the state teachers retirement system throughout service in the  8,489        

uniformed services;                                                             

      (2)  The member was out of active service as a teacher by    8,491        

reason of service in the uniformed services;                       8,492        

      (3)  The member was honorably discharged or released from    8,494        

service in the uniformed services;                                 8,495        

      (4)  The member pays contributions to the retirement system  8,498        

in accordance with this section.                                                

      (C)  Credit may be purchased pursuant to this section at     8,501        

any time prior to receipt of a benefit.  The member may choose to  8,502        

purchase only part of the credit in any one payment, subject to    8,503        

board rules.  The retirement system shall grant service credit     8,504        

under this section, not to exceed five years, for each period of   8,505        

service in the uniformed services for which contributions have     8,506        

been received.                                                     8,507        

      (D)  For service purchased under this section, the member    8,510        

and the member's employer, subject to board rules, shall pay to    8,511        

the retirement system for credit to the member's accumulated       8,512        

account an amount equal to the contributions that would have been  8,513        

paid pursuant to sections 3307.51 3307.26 and 3307.53 3307.28 of   8,515        

the Revised Code if the member had not been out of active service  8,518        

as a teacher by reason of service in the uniformed services.       8,519        

                                                          180    


                                                                 
      If a member pays all or any portion of the contributions     8,521        

required by section 3307.51 3307.26 of the Revised Code later      8,524        

than the lesser of five years or a period that is three times the  8,525        

member's period of service in the uniformed services beginning     8,526        

from the later of the member's date of re-employment as a teacher  8,527        

or the effective date of this section OCTOBER 29, 1996, an amount  8,528        

equal to compound interest at a rate established by the board      8,530        

from the later of the member's date of re-employment as a teacher  8,531        

or the effective date of this section OCTOBER 29, 1996, to the     8,532        

date of payment shall be added to the remaining amount to be paid  8,534        

by the member to purchase service credit under this section.       8,535        

      (E)  This section does not cancel any military service       8,538        

credit or service in the uniformed services earned or granted      8,539        

under this chapter prior to the effective date of this section     8,540        

OCTOBER 29, 1996.                                                  8,541        

      (F)  If a member purchased service credit under section      8,544        

3307.021 3307.751 of the Revised Code prior to the effective date  8,548        

of this section OCTOBER 29, 1996, is not receiving a benefit, and  8,549        

would have been eligible to obtain service credit pursuant to      8,550        

this section had it been in effect at the time of purchase, the    8,551        

retirement system shall refund the amounts paid by the member for  8,552        

the purchase if both of the following requirements are met:        8,553        

      (1)  The member makes a written request for a refund on a    8,555        

form provided by the retirement system;                            8,556        

      (2)  The member pays to the retirement system the            8,558        

contributions required by this section.                            8,559        

      (G)  If the member meets the requirements of division (F)    8,563        

of this section, the employer shall pay to the retirement system   8,564        

the employer's contributions required by this section.             8,565        

      Sec. 3307.411 3307.76.  (A)  A member of the state teachers  8,574        

retirement system PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS  8,575        

3307.50 TO 3307.79 OF THE REVISED CODE shall, in computing years   8,576        

of total service, be given full credit for time served in the      8,577        

public employees retirement system under Chapter 145. of the       8,578        

                                                          181    


                                                                 
Revised Code or in the school employees retirement system under    8,579        

Chapter 3309. of the Revised Code, provided that the member pays   8,580        

to the state teachers retirement system the amount specified in    8,581        

division (B) of this section.                                      8,582        

      (B)  For each year of service described in division (A) of   8,584        

this section , a member shall pay an amount specified by the       8,585        

state teachers retirement board, which shall be not less than      8,586        

fifty per cent of the additional liability resulting from the      8,587        

purchase of that year of service as determined by an actuary       8,588        

employed by the board.                                             8,589        

      (C)  A member may choose to purchase only part of the        8,591        

credit the member is eligible to purchase under this section in    8,593        

any one payment, subject to board rules.                           8,594        

      A member is ineligible to purchase credit under this         8,596        

section if credit for the service may be obtained from the public  8,598        

employees retirement system or school employees retirement system  8,599        

or if the credit is for service that is used in the calculation    8,600        

of any retirement benefit currently being paid or payable in the   8,601        

future to the member.                                                           

      Sec. 3307.412 3307.761.  (A)  A member of the state          8,611        

teachers retirement system PARTICIPATING IN THE PLAN DESCRIBED IN  8,612        

SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE who has                         

contributions on deposit with the Ohio police and fire pension     8,614        

fund or the state highway patrol retirement system shall, in       8,615        

computing years of total service, be given full credit for         8,616        

service credit earned under Chapter 742. or 5505. of the Revised   8,619        

Code or purchased for service in the armed forces of the United    8,622        

States if a transfer to the state teachers retirement system is    8,624        

made under this division.  At the request of the member, the Ohio  8,625        

police and fire pension fund or state highway patrol retirement    8,626        

system shall transfer to the state teachers retirement system,     8,627        

for each year of service, the sum of the following:                8,629        

      (1)  An amount equal to the member's payments for service    8,632        

in the armed forces of the United States and accumulated           8,634        

                                                          182    


                                                                 
contributions to the transferring fund or system;                  8,635        

      (2)  An amount equal to the lesser of the employer's         8,637        

contributions to the Ohio police and fire pension fund or state    8,639        

highway patrol retirement system or the amount that would have     8,640        

been contributed by the employer for the service had the member    8,641        

been a member of the state teachers retirement system;             8,642        

      (3)  Interest, determined as provided in division (E) of     8,645        

this section, on the amounts specified in divisions (A)(1) and     8,647        

(2) of this section from the last day of the year for which the    8,649        

service credit was earned or in which military service credit was  8,650        

purchased or obtained to the date the transfer is made.            8,652        

      (B)  A member PARTICIPATING IN THE PLAN DESCRIBED IN         8,654        

SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE who has at least   8,656        

eighteen months of contributing service with the state teachers    8,657        

retirement system, is a former member of the Ohio police and fire  8,659        

pension fund or state highway patrol retirement system, and has    8,661        

received a refund of contributions to that fund or system shall,   8,662        

in computing years of total service, be given full credit for      8,663        

service credit earned under Chapter 742. or 5505. of the Revised   8,665        

Code or purchased for service in the armed forces of the United    8,668        

States if, for each year of service, the state teachers            8,670        

retirement system receives the sum of the following:               8,671        

      (1)  An amount, which shall be paid by the member, equal to  8,674        

the amount refunded by the Ohio police and fire pension fund or    8,675        

the state highway patrol retirement system to the member for that  8,676        

year for accumulated contributions and payments for purchase of    8,677        

credit for service in the armed forces of the United States, with  8,679        

interest on that amount from the date of the refund to the date    8,681        

of the payment;                                                    8,682        

      (2)  Interest, which shall be transferred by the Ohio        8,685        

police and fire pension fund or state highway patrol retirement    8,688        

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     8,690        

the service credit was earned or in which military service credit  8,691        

                                                          183    


                                                                 
was purchased or obtained to the date the refund was made;         8,693        

      (3)  An amount, which shall be transferred by the Ohio       8,695        

police and fire pension fund or state highway patrol retirement    8,697        

system, equal to the lesser of the amount contributed by the       8,698        

employer to the Ohio police and fire pension fund or state         8,699        

highway patrol retirement system for that year or the amount that  8,700        

would have been contributed by the employer for the year had the   8,701        

member been a member of the state teachers retirement system,      8,702        

with interest on that amount from the last day of the year for     8,705        

which the service credit was earned or in which military service   8,706        

credit was purchased or obtained to the date of the transfer.      8,708        

      On receipt of payment from the member, the state teaches     8,711        

TEACHERS retirement system shall notify the Ohio police and fire   8,713        

pension fund or the state highway patrol retirement system,        8,714        

which, on receipt of the notice, shall make the transfer required  8,715        

by this division.  Interest shall be determined as provided in     8,716        

division (E) of this section.                                      8,717        

      A member may choose to purchase only part of the credit the  8,720        

member is eligible to purchase under this division in any one      8,721        

payment, subject to rules of the state teachers retirement board.  8,722        

      (C)  A member is ineligible to obtain credit under this      8,725        

section for service that is used in the calculation of any         8,726        

retirement benefit currently being paid or payable in the future.  8,727        

      (D)  If a member of the state teachers retirement system     8,730        

who is not a current contributor elects to obtain credit under     8,731        

section 742.379 or 5505.202 of the Revised Code for service for    8,732        

which the member contributed to the state teachers retirement      8,733        

system or purchased credit for service in the armed forces of the  8,734        

United States, the state teachers retirement system shall          8,737        

transfer to the Ohio police and fire pension fund or state         8,738        

highway patrol retirement system, as applicable, the amount        8,739        

specified in division (D) of section 742.379 or division (B)(2)    8,741        

of section 5505.202 of the Revised Code.                           8,742        

      (E)  Interest charged under this section shall be            8,745        

                                                          184    


                                                                 
calculated separately for each year of service credit at the       8,746        

lesser of the actuarial assumption rate for that year of the       8,747        

state teachers retirement system or of the fund or retirement      8,748        

system in which the credit was earned.  The interest shall be      8,749        

compounded annually.                                               8,750        

      (F)  The state teachers retirement board shall credit to a   8,753        

member's account in the teachers' savings fund the amounts         8,754        

described in divisions (A)(1) and (B)(1) of this section, except   8,756        

that the interest paid by the member under division (B)(1) of      8,757        

this section shall be credited to the employers' trust fund.  The  8,759        

board shall credit to the employers' trust fund the amounts                     

described in divisions (A)(2), (3), and (B)(2) of this section.    8,762        

      Sec. 3307.512 3307.77.  (A)  As used in this section,        8,771        

"employer" means the employer employing a member of the state      8,773        

teachers retirement system at the time the member commences an     8,774        

absence, or is granted a leave described in this section.          8,775        

      (B)  Any member of the state teachers retirement system      8,777        

PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO         8,778        

3307.79 OF THE REVISED CODE who is, or has been, prevented from    8,779        

making contributions under section 3307.51 3307.26 of the Revised  8,780        

Code because of an absence due to his THE MEMBER'S own illness or  8,782        

injury, or who is, or has been, granted a leave for educational,   8,784        

professional, or other purposes pursuant to section 3319.13,       8,785        

3319.131, or 3345.28 of the Revised Code or for any other reason   8,786        

approved by the state teachers retirement board, may purchase      8,787        

service credit, not to exceed two years for each such period of    8,788        

absence or leave, either by having deductions made in accordance   8,789        

with division (C) of this section or by making the payment         8,790        

required by division (D) or (E) of this section.                                

      (C)  If the absence or leave begins and ends in the same     8,792        

year, the member may purchase credit for the absence or leave by   8,793        

having the employer deduct and transmit to the system from         8,794        

payrolls in that year employee contributions on the amount         8,795        

certified by the employer as the compensation the member would     8,796        

                                                          185    


                                                                 
have received had he THE MEMBER remained employed in the position  8,798        

he held when the absence or leave commenced.  The deductions may   8,799        

be made even though the minimum compensation provided by law for   8,800        

the member is reduced thereby, unless the amount to be deducted    8,801        

exceeds the compensation to be paid the member from the time       8,802        

deductions begin until the end of the year, in which case credit   8,803        

may not be purchased under this division.  The employer shall pay  8,804        

the system the employer contributions on the compensation amount   8,805        

certified under this division.  Employee and employer              8,806        

contributions shall be made at the rates in effect at the time     8,807        

the absence or leave occurred.  If the employee or employer rates  8,808        

in effect change during the absence or leave, the contributions    8,809        

for each month of the absence or leave shall be made at the rate   8,810        

in effect for that month.                                          8,811        

      (D)  During or following the absence or leave, but no later  8,813        

than two years following the last day of the year in which the     8,814        

absence or leave terminates, a member may purchase credit for the  8,815        

absence or leave by paying to the employer, and the employer       8,816        

transmitting to the system, employee contributions on the amount   8,817        

certified by the employer as the compensation the member would     8,818        

have received had he THE MEMBER remained employed in the position  8,820        

he held when the absence or leave commenced.  The employer shall   8,821        

pay the system the employer contributions on the compensation      8,822        

amount certified under this division.  Employee and employer       8,823        

contributions shall be made at the rates in effect at the time     8,824        

the absence or leave occurred.  If the employee or employer rates  8,825        

in effect change during the absence or leave, the contributions    8,826        

for each month of an absence or leave shall be made at the rate    8,827        

in effect for that month.                                          8,828        

      (E)  After two years following the last day of the year in   8,830        

which an absence or leave terminated, a member may purchase        8,831        

credit for the absence or leave by paying the employer, and the    8,832        

employer transmitting to the system, the sum of the following for  8,833        

each year of credit purchased:                                     8,834        

                                                          186    


                                                                 
      (1)  An amount determined by multiplying the employee rate   8,836        

of contribution in effect at the time the absence or leave         8,837        

commenced by the member's annual compensation for his THE          8,838        

MEMBER'S last full year of service prior to the commencement of    8,840        

the absence or leave, or, if he THE MEMBER has not had a full      8,841        

year of service, the compensation the member would have received   8,843        

for the year the absence or leave commenced had he THE MEMBER      8,844        

continued in service for a full year;                              8,846        

      (2)  Interest compounded annually, at a rate determined by   8,848        

the board, on the amount determined under division (E)(1) of this  8,849        

section for the period commencing two years following the last     8,850        

day of the year in which the absence or leave terminated and       8,851        

ending on the date of payment;                                     8,852        

      (3)  Interest compounded annually, at a rate determined by   8,854        

the board, on an amount equal to the employer's contribution       8,855        

required by this division for the period commencing two years      8,856        

following the last day of the year in which the absence or leave   8,857        

terminated and ending on the date of payment.                      8,858        

      The employer shall pay to the system for each year of        8,860        

credit purchased under this division an amount determined by       8,861        

multiplying the employer contribution rate in effect at the time   8,862        

the absence or leave commenced by the member's annual              8,863        

compensation for his THE MEMBER'S last full year of service prior  8,865        

to the commencement of the absence or leave, or, if he THE MEMBER  8,866        

has not had a full year of service, the compensation the member    8,868        

would have received for the year the absence or leave commenced    8,869        

had he THE MEMBER continued in service for a full year.            8,871        

      (F)  A member who chooses to purchase service credit under   8,873        

division (D) or (E) of this section may choose to purchase only    8,874        

part of the credit for which he THE MEMBER is eligible in any one  8,876        

payment, but payments made more than two years following the last  8,877        

day of the year in which the absence or leave terminated shall be  8,878        

made in accordance with division (E) of this section.              8,879        

      (G)  The state teachers retirement board may adopt rules to  8,881        

                                                          187    


                                                                 
implement this section.                                            8,882        

      Sec. 3307.515 3307.771.  As used in this section, "regular   8,891        

employment" means a consistent pattern of employment for twelve    8,893        

or more consecutive weeks by the same employer during the year.    8,894        

      A member of the state teachers retirement system             8,896        

PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO         8,897        

3307.79 OF THE REVISED CODE who prior to July 1, 1982, was         8,898        

granted a leave of absence for pregnancy or resigned due to        8,899        

pregnancy may purchase service credit for a period for which she   8,900        

did not make contributions under section 3307.51 3307.26 of the    8,901        

Revised Code.  Service credit purchased under this section shall   8,903        

not exceed the lesser of two years or the period from the day the  8,904        

leave commenced or the effective date of resignation to the date   8,905        

of the member's return to regular employment as a contributor to                

the retirement system.  A member may purchase credit for more      8,906        

than one period of absence due to pregnancy, but the total         8,907        

service credit purchased under this section, FORMER section        8,908        

3307.513, and FORMER section 3307.514 of the Revised Code shall    8,909        

not exceed two years.  The member shall submit evidence            8,910        

satisfactory to the retirement board documenting that the leave    8,911        

or resignation was due to pregnancy.                                            

      For each year of service credit purchased under this         8,913        

section, the member shall pay to the system for credit to her      8,914        

accumulated account an amount determined by multiplying the        8,915        

employee rate of contribution in effect at the time the leave or   8,916        

absence commenced by her annual compensation for full-time                      

employment during the first year of service in Ohio following      8,917        

termination of the absence or leave and adding to that amount      8,918        

interest compounded annually, at a rate established by the board,  8,919        

from the date the absence or leave terminated to the date of       8,920        

payment.                                                                        

      A member may purchase all or part of the credit for which    8,922        

she is eligible in one or more payments.  A member who purchases   8,923        

service credit for an absence or leave under this section may not  8,924        

                                                          188    


                                                                 
purchase credit for that absence or leave under section 3307.512   8,925        

3307.77 of the Revised Code.  A member who has purchased service   8,926        

credit for an absence or leave under FORMER section 3307.512,      8,927        

3307.513, or 3307.514 OR SECTION 3307.77 of the Revised Code may   8,928        

not purchase credit under this section for the same period of      8,929        

absence or leave.                                                               

      The state teachers retirement board may adopt rules to       8,931        

implement this section.                                            8,932        

      Sec. 3307.311 3307.78.  (A)  As used in this section,        8,941        

"school board member" means a member of a city, local, exempted    8,943        

village, or joint vocational school district board of education    8,944        

and "governing board member" means a member of an educational      8,945        

service center governing board.                                    8,946        

      (B)  A member of the state teachers retirement system        8,948        

PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO         8,949        

3307.79 OF THE REVISED CODE who does both of the following may     8,950        

purchase credit for service as a school board or governing board   8,951        

member, other than service subject to the tax on wages imposed by  8,953        

the "Federal Insurance Contributions Act," 68A Stat. 415 (1954),   8,954        

26 U.S.C.A. 3101, as amended, if the member is eligible to retire  8,956        

under this chapter or will become eligible to retire as a result   8,957        

of purchasing the credit:                                                       

      (1)  Agrees to retire within ninety days after receiving     8,959        

notice of the additional liability under division (C) of this      8,960        

section;                                                           8,961        

      (2)  Provides evidence satisfactory to the STATE TEACHERS    8,963        

retirement board of service as a school board or governing board   8,965        

member during the years for which the member wishes to purchase    8,967        

credit.                                                                         

      Credit may be purchased for service as a school board or     8,970        

governing board member between September 1, 1920, and the first                 

day of January of the year in which the credit is purchased.  A    8,972        

member is eligible to purchase one-quarter of a year's credit for  8,973        

each year of service as a school board or governing board member.  8,974        

                                                          189    


                                                                 
      Credit purchased under this section shall be included in     8,976        

the member's total service credit for the purposes of section      8,977        

3307.36 3307.52 of the Revised Code.                               8,978        

      (C)  On receipt of a request from a member eligible to       8,980        

purchase credit under this section, the system shall obtain from   8,981        

its actuary certification of the additional liability to the       8,982        

system for each quarter year of credit the member is eligible to   8,983        

purchase and shall notify the member of such additional            8,984        

liability.  Within ninety days after receiving notice of the       8,985        

additional liability, the member may purchase in quarter-year      8,986        

increments any portion of the credit the member is eligible to     8,987        

purchase.  For each quarter year of credit purchased, the member   8,988        

shall pay to the system an amount equal to the additional          8,989        

liability resulting from the purchase.  Payment shall be made in   8,990        

full at the time of purchase.                                      8,991        

      (D)  The state teachers retirement board shall adopt rules   8,993        

in accordance with section 111.15 of the Revised Code concerning   8,994        

the purchase of credit under this section.  In addition to any     8,995        

other matters considered relevant by the board, the rules shall    8,996        

specify the procedure to be followed to inform the system that a   8,998        

member wishes to purchase credit for service as a school board or  9,000        

governing board member.                                                         

      (E)  If the member does not retire within ninety days after  9,002        

purchasing credit under this section, the system shall withdraw    9,003        

the credit and refund the amount paid by the member.               9,004        

      Sec. 3307.383 3307.79.  (A)  A member whose death occurred   9,014        

prior to July 1, 1973, who at the time of death had more than      9,015        

thirty-four but less than thirty-five years of service credit      9,016        

shall be presumed to have completed thirty-five years of such      9,017        

credit.  Any member whose death occurred on or after July 1,       9,018        

1973, but prior to August 20, 1976, and who at the time of death   9,019        

had more than thirty-one but less than thirty-two years of         9,020        

service credit shall be presumed to have completed thirty-two      9,021        

years of such credit.  Any member PARTICIPATING IN THE PLAN        9,022        

                                                          190    


                                                                 
DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE       9,023        

whose death occurs on or after August 20, 1976, and who at the     9,024        

time of death has more than twenty-nine but less than thirty       9,025        

years of service credit shall be presumed to have completed        9,026        

thirty years of such credit.                                                    

      Upon (B)  ON the death of a member WHO IS PARTICIPATING IN   9,029        

THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED                

CODE prior to service retirement, the surviving spouse or          9,031        

dependents of the deceased member shall have the right to          9,032        

purchase any service credit the member, had the member not died,   9,034        

would have been eligible to purchase pursuant to sections                       

3307.021 3307.71, 3307.022 3307.72, 3307.22 3307.73, 3307.28       9,036        

3307.74, 3307.32 3307.741, 3307.33 3307.751, 3307.411 3307.752,    9,038        

3307.412 3307.76, 3307.512 3307.761, 3307.77, and 3307.73          9,041        

3307.771 of the Revised Code upon the same terms and conditions    9,042        

which the deceased member could have purchased such service        9,043        

credit had the deceased member not died.  Any service credit       9,044        

purchased under this section shall be applied under the            9,046        

provisions of this chapter in the same manner as it would have     9,047        

been applied had it been purchased by the deceased member during   9,048        

the deceased member's lifetime.                                    9,049        

      Sec. 3307.80.  THE STATE TEACHERS RETIREMENT BOARD SHALL     9,051        

ADOPT RULES TO IMPLEMENT THE PLANS ESTABLISHED UNDER SECTION       9,052        

3307.81 OF THE REVISED CODE.                                       9,053        

      Sec. 3307.81.  THE STATE TEACHERS RETIREMENT BOARD SHALL     9,055        

ESTABLISH ONE OR MORE PLANS CONSISTING OF BENEFIT OPTIONS THAT     9,056        

PROVIDE FOR AN INDIVIDUAL ACCOUNT FOR EACH PARTICIPATING MEMBER    9,057        

AND UNDER WHICH BENEFITS ARE BASED SOLELY ON THE AMOUNTS THAT      9,059        

HAVE ACCUMULATED IN THE ACCOUNT.  THE PLANS MAY INCLUDE OPTIONS    9,060        

UNDER WHICH A MEMBER PARTICIPATING IN A PLAN MAY RECEIVE           9,061        

DEFINITELY DETERMINABLE BENEFITS.                                               

      EACH PLAN ESTABLISHED UNDER THIS SECTION SHALL MEET THE      9,064        

REQUIREMENTS OF SECTIONS 3307.81 TO 3307.89 OF THE REVISED CODE.   9,065        

IT MAY INCLUDE LIFE INSURANCE, ANNUITIES, VARIABLE ANNUITIES,      9,066        

                                                          191    


                                                                 
REGULATED INVESTMENT TRUSTS, POOLED INVESTMENT FUNDS, OR OTHER     9,068        

FORMS OF INVESTMENT.                                                            

      THE BOARD MAY ADMINISTER THE PLANS, ENTER INTO CONTRACTS     9,070        

WITH OTHER ENTITIES TO ADMINISTER THE PLANS, OR BOTH.  THE BOARD   9,071        

MAY CONTRACT WITH ANOTHER ENTITY TO ADMINISTER THE PLANS IF THE    9,072        

ENTITY AGREES TO MEET ALL REQUIREMENTS OF THIS CHAPTER APPLICABLE  9,073        

TO THE PLANS.                                                      9,074        

      Sec. 3307.811.  EACH PLAN ESTABLISHED UNDER SECTION 3307.81  9,077        

OF THE REVISED CODE SHALL MEET THE REQUIREMENTS NECESSARY TO       9,078        

QUALIFY AS A RETIREMENT SYSTEM MAINTAINED BY A STATE OR LOCAL      9,080        

GOVERNMENT ENTITY UNDER DIVISION (b)(7)(F) OF SECTION 3121 OF THE  9,081        

"INTERNAL REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A.       9,085        

3121(b)(7)(F), AS AMENDED.  EACH PARTICIPANT IN A PLAN SHALL       9,087        

QUALIFY AS A MEMBER OF THAT SYSTEM.                                9,088        

      Sec. 3307.812.  IN ESTABLISHING A PLAN UNDER SECTION         9,090        

3307.81 OF THE REVISED CODE, THE STATE TEACHERS RETIREMENT BOARD   9,092        

MAY DO ALL THINGS NECESSARY TO AVOID THE SYSTEM BEING REQUIRED TO  9,093        

PAY FEDERAL OR STATE INCOME TAXES ON CONTRIBUTIONS TO THE PLAN OR  9,095        

AMOUNTS EARNED UNDER THE PLAN AND, TO THE EXTENT PERMITTED UNDER   9,097        

FEDERAL OR STATE LAW, TO ALLOW MEMBERS PARTICIPATING IN THE PLAN   9,098        

TO MAKE TAX DEFERRED CONTRIBUTIONS FOR PERIODS OF INTERRUPTED OR                

PRIOR SERVICE.                                                     9,099        

      Sec. 3307.83.  THE RIGHT OF EACH MEMBER PARTICIPATING IN A   9,101        

PLAN ESTABLISHED UNDER SECTION 3307.81 OF THE REVISED CODE TO A    9,102        

RETIREMENT, DISABILITY, OR SURVIVOR BENEFIT, TO HEALTH CARE        9,104        

INSURANCE COVERAGE, OR TO A WITHDRAWAL OF CONTRIBUTIONS SHALL BE   9,106        

GOVERNED BY THE PLAN SELECTED BY THE MEMBER UNDER SECTION 3307.25               

OR 3307.251 OF THE REVISED CODE.                                   9,109        

      Sec. 3307.84.  FOR EACH MEMBER PARTICIPATING IN A PLAN       9,111        

ESTABLISHED UNDER SECTION 3307.81 OF THE REVISED CODE, THE STATE   9,112        

TEACHERS RETIREMENT SYSTEM SHALL TRANSFER TO THE EMPLOYERS' TRUST  9,113        

FUND A PORTION OF THE EMPLOYER CONTRIBUTION REQUIRED UNDER         9,114        

SECTION 3307.28 OF THE REVISED CODE THAT IS EQUAL TO THE           9,115        

PERCENTAGE OF COMPENSATION OF MEMBERS DESCRIBED IN THIS SECTION    9,116        

                                                          192    


                                                                 
FOR WHOM THE CONTRIBUTIONS ARE BEING MADE THAT IS DETERMINED BY    9,118        

THE BOARD'S ACTUARY TO BE NECESSARY TO MITIGATE ANY NEGATIVE       9,119        

FINANCIAL IMPACT ON THE STATE TEACHERS RETIREMENT SYSTEM OF THE    9,120        

PARTICIPATION OF MEMBERS IN A PLAN ESTABLISHED UNDER SECTION       9,121        

3307.81 OF THE REVISED CODE.  THE REMAINDER SHALL BE CREDITED AS   9,123        

PROVIDED IN SECTION 3307.28 OF THE REVISED CODE.                   9,124        

      THE STATE TEACHERS RETIREMENT BOARD SHALL HAVE PREPARED      9,128        

ANNUALLY AN ACTUARIAL STUDY TO DETERMINE WHETHER THE PERCENTAGE    9,129        

TRANSFERRED UNDER THIS SECTION SHOULD BE CHANGED TO REFLECT A      9,130        

CHANGE IN THE LEVEL OF THE NEGATIVE FINANCIAL IMPACT RESULTING     9,131        

FROM PARTICIPATION OF MEMBERS IN A PLAN ESTABLISHED UNDER SECTION               

3307.81 OF THE REVISED CODE.  THE PERCENTAGE TRANSFERRED UNDER     9,133        

THIS SECTION SHALL BE INCREASED OR DECREASED TO REFLECT THE        9,134        

AMOUNT NEEDED TO MITIGATE THE NEGATIVE FINANCIAL IMPACT, IF ANY,   9,135        

ON THE SYSTEM, AS DETERMINED BY THE ACTUARIAL STUDY.  AN INCREASE  9,136        

OR DECREASE SHALL TAKE EFFECT ON THE FIRST DAY OF THE MONTH        9,137        

FOLLOWING THE DATE THE CONCLUSIONS OF THE ACTUARIAL STUDY ARE      9,138        

REPORTED TO THE BOARD.                                                          

      THE SYSTEM SHALL MAKE THE TRANSFER REQUIRED UNDER THIS       9,141        

SECTION UNTIL THE UNFUNDED ACTUARIAL ACCRUED LIABILITY FOR ALL     9,142        

BENEFITS, EXCEPT HEALTH CARE BENEFITS PROVIDED UNDER SECTION       9,143        

3307.39 OR 3307.61 OF THE REVISED CODE AND BENEFIT INCREASES       9,144        

PROVIDED TO MEMBERS AND FORMER MEMBERS PARTICIPATING IN THE PLAN                

DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE       9,145        

AFTER THE EFFECTIVE DATE OF THIS SECTION, IS FULLY AMORTIZED, AS   9,147        

DETERMINED BY THE ANNUAL ACTUARIAL VALUATION PREPARED UNDER                     

SECTION 3307.51 OF THE REVISED CODE.                               9,149        

      Sec. 3307.86.  THE STATE TEACHERS RETIREMENT SYSTEM MAY      9,151        

REQUIRE MEMBERS PARTICIPATING IN A PLAN ESTABLISHED UNDER SECTION  9,152        

3307.81 OF THE REVISED CODE AND THEIR EMPLOYERS TO FURNISH THE     9,153        

CONTRIBUTIONS AND INFORMATION REQUIRED UNDER THIS CHAPTER AT MORE  9,155        

FREQUENT INTERVALS THAN THOSE REQUIRED FOR MEMBERS PARTICIPATING   9,156        

IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO 3307.79 OF THE        9,157        

REVISED CODE.  THE SYSTEM HAS NO DUTY TO ACCEPT CONTRIBUTIONS BY   9,158        

                                                          193    


                                                                 
OR ON BEHALF OF A MEMBER IF A CONTRIBUTION OR INFORMATION IS NOT   9,159        

FURNISHED AT SUCH INTERVALS.                                                    

      Sec. 3307.87.  (A)(1)  IF A MEMBER PARTICIPATING IN A PLAN   9,161        

ESTABLISHED UNDER SECTION 3307.81 OF THE REVISED CODE IS MARRIED   9,162        

AT THE TIME ANY BENEFITS UNDER THE PLAN COMMENCE, BENEFITS SHALL   9,164        

BE PAID IN ACCORDANCE WITH DIVISION (A)(2) OF THIS SECTION,                     

UNLESS THE SPOUSE HAS CONSENTED UNDER DIVISION (C) OF THIS         9,165        

SECTION TO A DIFFERENT FORM OF PAYMENT.                            9,166        

      (2)  THE BENEFITS DESCRIBED IN DIVISION (A)(1) OF THIS       9,168        

SECTION SHALL BE PAID IN THE FORM OF AN ANNUITY, WHICH SHALL       9,169        

CONSIST OF THE ACTUARIAL EQUIVALENT OF THE MEMBER'S BENEFITS, IN   9,170        

AN AMOUNT THAT IS PAYABLE FOR THE LIFE OF THE MEMBER AND ONE-HALF  9,171        

OF THE AMOUNT CONTINUING AFTER THE MEMBER'S DEATH TO THE SPOUSE    9,173        

FOR THE LIFE OF THE SPOUSE.                                                     

      (B)  IF A MEMBER PARTICIPATING IN A PLAN ESTABLISHED UNDER   9,175        

SECTION 3307.81 OF THE REVISED CODE IS MARRIED AT THE TIME OF THE  9,176        

MEMBER'S DEATH, ANY BENEFITS THAT ARE PAYABLE TO THE MEMBER SHALL  9,177        

BE PAID TO THE MEMBER'S SPOUSE, UNLESS THE SPOUSE HAS CONSENTED    9,178        

UNDER DIVISION (C) OF THIS SECTION TO THE DESIGNATION OF A         9,179        

DIFFERENT BENEFICIARY.                                             9,180        

      (C)  A PLAN ESTABLISHED UNDER SECTION 3307.81 OF THE         9,182        

REVISED CODE SHALL INCLUDE REQUIREMENTS FOR CONSENT UNDER THIS     9,184        

SECTION THAT ARE THE SAME AS THE REQUIREMENTS SPECIFIED IN         9,185        

DIVISION (a)(2) OF SECTION 417 OF THE INTERNAL REVENUE CODE, 26    9,186        

U.S.C.A. 417(a)(2), AS AMENDED.  EACH PLAN MAY WAIVE CONSENT IF    9,188        

THE SPOUSE CANNOT BE LOCATED OR FOR ANY OTHER REASON SPECIFIED IN  9,189        

THE REGULATIONS ADOPTED UNDER THAT SECTION.                                     

      CONSENT OR WAIVER IS EFFECTIVE ONLY WITH REGARD TO THE       9,191        

SPOUSE WHO IS THE SUBJECT OF THE CONSENT OR WAIVER.                9,192        

      Sec. 3307.88.  (A)  THIS SECTION APPLIES TO A MEMBER OF THE  9,194        

STATE TEACHERS RETIREMENT SYSTEM WHO MADE AN ELECTION UNDER        9,195        

SECTION 3307.25 OF THE REVISED CODE TO PARTICIPATE IN A PLAN       9,196        

ESTABLISHED UNDER SECTION 3307.81 OF THE REVISED CODE.             9,197        

      (B)  ON THE FIRST DAY OF JULY FOLLOWING THE FOURTH           9,199        

                                                          194    


                                                                 
ANNIVERSARY OF THE DATE MEMBERSHIP BEGAN, A MEMBER SHALL BEGIN     9,200        

PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO         9,203        

3307.79 OF THE REVISED CODE UNLESS, PRIOR TO THAT DAY, THE MEMBER  9,204        

ELECTS UNDER SECTION 3307.881 OF THE REVISED CODE TO REMAIN IN A   9,206        

PLAN ESTABLISHED UNDER SECTION 3307.81 OF THE REVISED CODE.        9,207        

      (C)  WHEN, UNDER DIVISION (B) OF THIS SECTION, A MEMBER      9,209        

BEGINS PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 3307.50 TO  9,211        

3307.79 OF THE REVISED CODE, THE SYSTEM SHALL DO ALL OF THE        9,212        

FOLLOWING:                                                                      

      (1)  TRANSFER FROM THE MEMBER'S ACCOUNT IN THE DEFINED       9,214        

CONTRIBUTION FUND TO AN ACCOUNT IN THE TEACHERS' SAVINGS FUND THE  9,215        

SUM OF THE FOLLOWING:                                              9,216        

      (a)  AN AMOUNT EQUAL TO THE CONTRIBUTIONS MADE PURSUANT TO   9,218        

SECTION 3307.26 OF THE REVISED CODE;                               9,219        

      (b)  ANY SUPPLEMENTAL CONTRIBUTIONS MADE BY THE MEMBER;      9,221        

      (c)  ANY EARNINGS FROM SUPPLEMENTAL CONTRIBUTIONS.           9,223        

      (2)  TRANSFER TO THE EMPLOYERS' TRUST FUND THE SUM OF THE    9,225        

FOLLOWING:                                                                      

      (a)  AN AMOUNT EQUAL TO THE CONTRIBUTIONS MADE PURSUANT TO   9,227        

SECTION 3307.28 OF THE REVISED CODE;                               9,229        

      (b)  ANY AMOUNT REMAINING IN THE MEMBER'S ACCOUNT IN THE     9,232        

DEFINED CONTRIBUTION FUND AFTER THE TRANSFERS DESCRIBED IN         9,233        

DIVISIONS (C)(1) AND (2)(a) OF THIS SECTION ARE MADE.              9,234        

      (3)  GRANT SERVICE CREDIT IN ACCORDANCE WITH RULES ADOPTED   9,236        

UNDER SECTION 3307.53 OF THE REVISED CODE.                         9,237        

      (D)  IF THE AMOUNT IN THE MEMBER'S ACCOUNT IN THE DEFINED    9,239        

CONTRIBUTION FUND IS LESS THAN THE AMOUNT THE MEMBER WOULD HAVE    9,241        

HAD IN AN ACCOUNT IN THE TEACHERS' SAVINGS FUND HAD THE MEMBER     9,242        

ELECTED TO PARTICIPATE IN THE PLAN DESCRIBED IN SECTIONS 3307.50                

TO 3307.79 OF THE REVISED CODE, THE SYSTEM SHALL TRANSFER FROM     9,244        

THE GUARANTEE FUND ESTABLISHED UNDER SECTION 3307.14 OF THE        9,245        

REVISED CODE TO THE TEACHERS' SAVINGS FUND THE AMOUNT NECESSARY    9,247        

TO MAKE THE TRANSFER REQUIRED BY DIVISION (C)(1)(a) OF THIS        9,248        

SECTION.                                                           9,249        

                                                          195    


                                                                 
      (E)  EXCEPT FOR SERVICE CREDIT GRANTED UNDER DIVISION        9,252        

(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  9,254        

PURSUANT TO THIS SECTION SHALL HAVE THE SAME RIGHTS AND            9,256        

PRIVILEGES UNDER THE PLAN AS A MEMBER WHO NEVER HAD MADE AN        9,258        

ELECTION TO PARTICIPATE IN A PLAN ESTABLISHED UNDER SECTION        9,259        

3307.81 OF THE REVISED CODE.                                       9,260        

      Sec. 3307.881.  A MEMBER OF THE STATE TEACHERS RETIREMENT    9,262        

SYSTEM PARTICIPATING IN A PLAN ESTABLISHED UNDER SECTION 3307.81   9,263        

OF THE REVISED CODE WHO IS SUBJECT TO SECTION 3307.88 OF THE       9,266        

REVISED CODE MAY ELECT TO CONTINUE PARTICIPATING IN THE PLAN.  AN  9,267        

ELECTION SHALL BE MADE IN WRITING ON A FORM PROVIDED BY THE STATE  9,268        

TEACHERS RETIREMENT BOARD AND FILED WITH THE BOARD NOT LATER THAN               

THE THIRTIETH DAY OF JUNE FOLLOWING THE FOURTH ANNIVERSARY OF THE  9,269        

DATE MEMBERSHIP BEGAN.                                             9,270        

      Sec. 3307.882.  NOT LATER THAN ONE HUNDRED EIGHTY DAYS       9,272        

PRIOR TO THE THIRTIETH DAY OF JUNE FOLLOWING THE FOURTH            9,273        

ANNIVERSARY OF THE DATE MEMBERSHIP BEGAN, THE STATE TEACHERS       9,274        

RETIREMENT SYSTEM SHALL NOTIFY A MEMBER WHO IS SUBJECT TO SECTION  9,276        

3307.88 OF THE REVISED CODE OF THE OPPORTUNITY TO ELECT TO         9,277        

CONTINUE PARTICIPATION IN A PLAN ESTABLISHED UNDER SECTION         9,278        

3307.81 OF THE REVISED CODE.  THE NOTICE SHALL INCLUDE AN          9,279        

EXPLANATION OF THE PROVISIONS OF SECTION 3307.881 OF THE REVISED   9,280        

CODE.                                                                           

      Sec. 3307.89.  THE STATE TEACHERS RETIREMENT BOARD MAY       9,282        

OFFER TO MEMBERS PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS   9,283        

3307.50 TO 3307.79 OF THE REVISED CODE THE OPPORTUNITY TO ALSO     9,284        

PARTICIPATE IN ONE OR MORE OF THE BENEFIT OPTIONS AVAILABLE UNDER  9,286        

A PLAN ESTABLISHED UNDER SECTION 3307.81 OF THE REVISED CODE.  A   9,288        

MEMBER'S CONTRIBUTIONS TO AN OPTION SHALL BE CREDITED TO AN        9,289        

INDIVIDUAL ACCOUNT ESTABLISHED FOR THE MEMBER IN THE DEFINED       9,290        

CONTRIBUTION FUND.                                                 9,291        

      Sec. 3307.68 3307.96.  If a local district pension system    9,300        

votes to merge with the state teachers retirement system as        9,302        

                                                          196    


                                                                 
provided in section 3307.26 3307.241 of the Revised Code, the      9,305        

state teachers retirement board shall employ an actuary to value                

the assets and liabilities which will be taken over by the state   9,306        

teachers retirement system hereby created in the event of such     9,307        

merger.  The actuary so employed shall be an actuary also          9,309        

approved by the employer in whose district the local district      9,311        

pension system is operated, and the expense of the valuation       9,312        

shall be paid by such THE employer.  The actuary shall compute     9,313        

the present value of the liabilities on account of teachers in     9,314        

service in the local district pension system and on account of     9,315        

pensioners in the rolls of such local district pension system.     9,316        

He THE ACTUARY shall also compute the present value of the         9,318        

prospective amount to be received by reason of the payment of the               

normal contributions by the employer on behalf of the active       9,319        

teachers of such local system in the event of the contemplated     9,320        

merger.  From the present value of the total liability for         9,321        

pensions on account of teachers in service in the local district   9,322        

pension system as previously determined, the actuary shall deduct  9,323        

the present value of the normal contributions.                                  

      The amount remaining, together with any excess, of the       9,325        

present value of all payments, necessary to continue the pensions  9,326        

of the pensioners of the local district pension system, over and   9,327        

above the amount of moneys and securities of such system, shall    9,328        

be known as the "accrued liability."  No teacher who is a member   9,329        

of a local district pension system on May 9, 1919, shall receive                

a lesser total retirement allowance upon retirement after merger   9,330        

of the local system with the state teachers retirement system      9,331        

than said teacher would have received upon retirement under the    9,332        

local system.                                                                   

      Sec. 3307.69 3307.97.  That part of the accrued liability,   9,341        

due on account of pensions to pensioners already on the rolls of   9,343        

the local district pension system, referred to in section 3307.68  9,344        

3307.96 of the Revised Code, remaining unpaid on September 1,      9,346        

1924, shall be paid by the employer at the rate of at least four                

                                                          197    


                                                                 
per cent per annum of such accrued liability with interest at      9,347        

four per cent per annum on unpaid balances.  Both the payment and  9,348        

interest shall be payable semiannually on dates to be fixed by     9,349        

the state teachers retirement board.  Payments on that part of     9,350        

the accrued liability due to teachers in active service in the     9,351        

local district pension system shall be at the same rate per cent   9,352        

of the salaries of such teachers as the deficiency contribution                 

rate fixed in FORMER section 3307.54 of the Revised Code, and      9,353        

shall be made until the year in which the deficiency contribution  9,355        

payable by other employers who had no local pension system may be  9,356        

discontinued.                                                                   

      Sec. 3307.70 3307.98.  The increasing contribution           9,365        

determined as provided in sections 3307.68 3307.96 and 3307.69     9,367        

3307.97 of the Revised Code by the actuary shall be paid by the    9,369        

employer.  In the event of merger, the moneys and securities to    9,370        

the credit of the local district pension system, not exceeding an  9,371        

aggregate amount equal to the present value of the payments to be  9,372        

made on account of all pensions to the pensioners on the rolls of  9,373        

the local district pension system, shall be transferred to the     9,374        

employers' accumulation fund and the pensions then payable by the  9,375        

local district pension system shall thereafter be paid from the    9,376        

employers' accumulation fund until the reserves on these pensions  9,377        

with the other pensions payable from the employers' accumulation   9,378        

fund have been accumulated and shall be transferred to the         9,379        

annuity and pension reserve fund, from which fund they shall       9,380        

thereafter be payable.  The pensions of the active members of the  9,381        

local district pension system and of the new entrants shall        9,382        

thereafter be payable as are the pensions of other members of the  9,383        

state teachers retirement system.  The amount of the excess of     9,384        

the moneys and securities of the local district pension system     9,385        

over and above the present value of the payments to be made on     9,386        

account of all pensions to the pensioners of the rolls of the      9,387        

local district pension system shall be transferred to the          9,388        

teachers' savings fund and shall be credited pro rata to the       9,389        

                                                          198    


                                                                 
active teachers of such local district pensions system on the      9,390        

basis of the amounts of their previous contributions to the local  9,391        

district pension system.  In case such method of distribution is   9,392        

not found practicable by the state teachers retirement board, the  9,393        

board may use such other method of apportionment as seems fair     9,394        

and equitable to such board.  The amount so credited in any case   9,395        

shall be considered as a part of the teacher's accumulated         9,396        

contributions, AS DEFINED IN SECTION 3307.50 OF THE REVISED CODE,  9,397        

for all purposes except in the case of retirement UNDER THE PLAN   9,399        

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         9,400        

teacher's accumulated contributions and shall be used in           9,401        

purchasing from the annuity and pension reserve fund an annuity,   9,402        

in addition to any other annuity or pension benefit otherwise      9,403        

provided by this chapter.                                          9,404        

      After the moneys and securities of any local district        9,406        

pension system have been transferred to the employers'             9,407        

accumulation fund or to the teachers' savings fund, such local     9,408        

district pension system shall cease to exist.                      9,409        

      Sec. 3309.021.  (A)  A member may purchase service credit    9,418        

that shall be considered as the equivalent of Ohio service for     9,419        

each year of service incurred by reason of having been on active   9,420        

duty as a member of the armed forces of the United States, as      9,421        

defined in section 3309.02 of the Revised Code.  All or part of    9,422        

the credit may be purchased at any time prior to receipt of a      9,423        

retirement allowance.  The number of years purchased under this    9,425        

division shall not exceed five.                                                 

      (B)  For the purposes of this division, "prisoner of war"    9,427        

means any regularly appointed, enrolled, enlisted, or inducted     9,428        

member of the armed forces of the United States who was captured,  9,429        

separated, and incarcerated by an enemy of the United States.      9,430        

      A member may purchase service credit that shall be           9,432        

considered as the equivalent of Ohio service for each year of      9,433        

service such member was a prisoner of war.  The number of years    9,434        

                                                          199    


                                                                 
purchased under this division shall not exceed five.  Service      9,435        

credit may be purchased under this division for the same years of  9,436        

service used to purchase service credit under division (A) of      9,437        

this section.  The member may choose to purchase only part of      9,438        

such credit in any one payment, subject to board rules.            9,439        

      (C)  The total number of years purchased under this section  9,441        

shall not exceed the member's total accumulated number of years    9,442        

of Ohio service.                                                   9,443        

      (D)  For each year of service purchased under division (A)   9,445        

or (B) of this section, the member shall pay to the school         9,446        

employees retirement system for credit to the member's             9,447        

accumulated account an amount determined by the member rate of     9,449        

contribution in effect at the time the military service began      9,450        

multiplied by the annual compensation for full-time employment     9,451        

during the first year of service covered by the school employees   9,452        

retirement system, public employees retirement system, or state    9,453        

teachers retirement system following termination of military       9,454        

service.  If, however, a limit on maximum salary or maximum        9,455        

contribution was in effect at the time the military service        9,456        

began, the limit shall be applied to the salary received during    9,457        

the first year of service in Ohio to calculate the amount of       9,458        

payment.  To this amount shall be added an amount equal to         9,459        

compound interest at a rate established by the school employees    9,460        

retirement board from the date of the member's first service       9,461        

covered by the school employees retirement system, public          9,462        

employees retirement system, or state teachers retirement system   9,463        

following termination of the military service to date of payment.  9,464        

      (E)  A member of the school employees retirement system is   9,466        

ineligible to purchase service credit under this section for any   9,467        

year of military service that was:                                 9,468        

      (1)  Used in the calculation of any retirement benefit       9,471        

currently being paid to the member or payable in the future under  9,472        

any other retirement program, except for retired pay for           9,473        

nonregular service under Chapter 1223 of Section 1662 of Title     9,475        

                                                          200    


                                                                 
XVI of the "National Defense Authorization Act for Fiscal Year     9,476        

1995," 108 Stat. 2998 (1994), 10 U.S.C.A. 12731 to 12739, or       9,477        

social security;                                                   9,478        

      (2)  Used to obtain service credit pursuant to section       9,480        

3309.02 or 3309.022 of the Revised Code.                           9,481        

      At the time such credit is purchased, the member shall       9,484        

certify on a form furnished by the retirement board that the       9,485        

member does and will conform to this requirement.                  9,487        

      (F)  Credit purchased under this section may be combined     9,489        

pursuant to section 3309.35 of the Revised Code with credit for    9,490        

military service purchased under sections 145.301 and 3307.021     9,491        

3307.751 of the Revised Code, except that not more than an         9,493        

aggregate total of five years of credit purchased under division   9,494        

(A) of this section, division (A) of section 145.301, and          9,495        

division (A) of section 3307.021 3307.751 of the Revised Code,     9,496        

and not more than an aggregate total of five years of credit       9,498        

purchased under division (B) of this section, division (B) of      9,499        

section 145.301, and division (B) of section 3307.021 3307.751 of  9,500        

the Revised Code shall be used in determining retirement           9,502        

eligibility or calculating benefits under section 3309.35 of the   9,503        

Revised Code.                                                                   

      Sec. 3309.261.  (A)  A member of the school employees        9,512        

retirement system who has at least eighteen months of              9,513        

contributing service credit in the system, the OHIO police and     9,514        

firemen's disability and FIRE pension fund, public employees       9,516        

retirement system, state teachers retirement system, or state      9,517        

highway patrol retirement system, and is a former member of or no  9,518        

longer contributing to the public employees retirement system or   9,519        

state teachers retirement system may restore service credit under  9,520        

section 145.31 or 3307.28 3307.71 of the Revised Code by making    9,522        

payments pursuant to this section through a payroll deduction      9,523        

plan established under section 3309.27 of the Revised Code.  A     9,524        

member seeking to restore service credit shall notify the school   9,526        

employees retirement system on a form approved by the school       9,527        

                                                          201    


                                                                 
employees retirement board.  After receiving the notice, the       9,528        

school employees retirement system shall request that the former   9,529        

retirement system calculate under section 145.312 or 3307.283      9,530        

3307.712 of the Revised Code the cost to the member to restore     9,533        

service credit for each year or portion of a year of service for   9,534        

which the member seeks to restore the service credit.  The amount  9,535        

the former retirement system certifies as the cost of restoring    9,536        

the service credit, plus interest described in division (B) of     9,537        

this section, is the cost to the member of restoring the service   9,538        

credit.  On receiving the certification from the former            9,539        

retirement system, the school employees retirement system shall    9,540        

notify the member of the cost.                                                  

      (B)  For each year or portion of a year of service credit    9,542        

restored under section 145.31 or 3307.28 3307.71 of the Revised    9,543        

Code, a member shall pay to the school employees retirement        9,545        

system the amount certified by the former retirement system plus   9,546        

interest at a rate specified by the former retirement system       9,547        

under section 145.312 or 3307.283 3307.712 of the Revised Code     9,548        

for the period during which deductions are made under section      9,550        

3309.27 of the Revised Code.                                       9,551        

      (C)  The school employees retirement board shall annually    9,554        

notify the former retirement system that a payment to restore      9,555        

service credit under section 145.31 or 3307.28 3307.71 of the      9,556        

Revised Code has been made.  At the time the payment is            9,557        

transferred under division (D) of this section, the former         9,558        

retirement system shall restore the service credit for the year    9,559        

or portion of a year for which the payment was made.               9,561        

      (D)  On application for a payment of accumulated             9,563        

contributions or an age and service retirement, disability, or     9,565        

survivor benefit under Chapter 145., 3307., or 3309. of the        9,566        

Revised Code by a member who made payments under this section to   9,568        

restore service credit in a former retirement system, the school   9,569        

employees retirement system shall pay to the former retirement     9,570        

system an amount equal to the total amount paid by the member      9,571        

                                                          202    


                                                                 
under this section.                                                             

      (E)  The board shall adopt rules to implement this section.  9,573        

      Sec. 3309.262.  After receiving a request from the public    9,583        

employees retirement system under division (A) of section 145.311  9,584        

or the state teachers retirement system under division (A) of      9,587        

section 3307.282 3307.711 of the Revised Code, the school          9,589        

employees retirement system shall do both of the following:        9,590        

      (A)  Calculate and certify to the requesting retirement      9,593        

system the cost to a former member to restore service credit       9,594        

under section 3309.26 of the Revised Code for each year or         9,595        

portion of a year for which the former member seeks to purchase    9,596        

service credit under that section.                                              

      (B)  Inform the requesting retirement system of the rate of  9,598        

interest charged to a member under a payroll deduction plan        9,599        

authorized under section 3309.27 of the Revised Code.              9,600        

      Sec. 3309.301.  (A)(1)  Except as provided in division       9,609        

(A)(2) of this section, a member of the school employees           9,610        

retirement system with at least eighteen months of contributing    9,611        

service in the system, the public employees retirement system, or  9,612        

the state teachers retirement system who exempted himself SELF     9,613        

from membership in one or more of the systems pursuant to section  9,615        

145.03 or 3309.23 of the Revised Code, or former section 3307.25   9,616        

or 3309.25 of the Revised Code, or was exempt under section        9,617        

3307.27 3307.24 of the Revised Code, may purchase credit for each  9,619        

year or portion of a year of service for which he THE MEMBER was   9,620        

exempted.                                                          9,621        

      (2)  A member may not purchase credit under this section     9,623        

for service that was exempted from contribution under section      9,624        

3309.23 of the Revised Code and subject to the tax on wages        9,625        

imposed by the "Federal Insurance Contributions Act," 68A Stat.    9,626        

415 (1954), 26 U.S.C.A. 3101, as amended.                          9,627        

      (B)  Upon receipt of a request from a member eligible to     9,629        

purchase credit under this section and certification of the        9,630        

member's service and compensation from the employer for which the  9,631        

                                                          203    


                                                                 
exempt service was performed, the school employees retirement      9,632        

system shall determine the amount of credit the member is          9,633        

eligible to purchase in accordance with divisions (B)(1) and (2)   9,634        

of this section.                                                   9,635        

      (1)  If the credit to be purchased is for service exempted   9,637        

under section 3309.23 or former section 3309.25 of the Revised     9,638        

Code, determine the amount of credit that would have been earned   9,639        

had the service not been exempt.                                   9,640        

      (2)  If the credit to be purchased is for service exempted   9,642        

under section 145.03 or 3307.27 3307.24, or former section         9,643        

3307.25 of the Revised Code, request certification from the        9,645        

applicable retirement system that the service was exempt and the   9,646        

amount of service credit that would have been earned had the       9,647        

service not been exempt.                                           9,648        

      (C)  For each year or portion of a year of credit purchased  9,650        

under this section, a member shall pay to the retirement system    9,651        

an amount determined by multiplying the member's compensation for  9,652        

the twelve months of contributing service preceding the month in   9,653        

which he THE MEMBER applies to purchase the credit by a            9,654        

percentage rate established by rule of the school employees        9,656        

retirement board adopted under division (G) of this section.       9,657        

      (D)  Subject to board rules, a member may purchase all or    9,659        

part of the credit he THE MEMBER is eligible to purchase under     9,660        

this section in one or more payments.  If the member purchases     9,662        

the credit in more than one payment, compound interest at a rate   9,663        

specified by rule of the board shall be charged on the balance     9,664        

remaining after the first payment is made.                         9,665        

      (E)  Credit purchasable under this section shall not exceed  9,667        

one year of service for any twelve-month period.  If the period    9,668        

of service for which credit is purchasable under this section is   9,669        

concurrent with a period of service that will be used to           9,670        

calculate a retirement benefit from this system, the public        9,671        

employees retirement system, or the state teachers retirement      9,672        

system, the amount of the credit shall be adjusted in accordance   9,673        

                                                          204    


                                                                 
with rules adopted by the school employees retirement board.       9,674        

      A member who is also a member of the public employees        9,676        

retirement system or the state teachers retirement system shall    9,677        

purchase credit for any service for which he THE MEMBER exempted   9,678        

himself SELF under section 145.03 or 3309.23 of the Revised Code,  9,680        

or former section 3307.25 or 3309.25 of the Revised Code, or was   9,681        

exempt under section 3307.27 3307.24 of the Revised Code, from     9,682        

the retirement system in which he THE MEMBER has the greatest      9,684        

number of years of service credit.  If the member receives         9,686        

benefits under section 3309.35 of the Revised Code, the state      9,687        

retirement system that determines and pays the retirement benefit  9,688        

shall receive from the other system or systems the amounts paid    9,689        

by the member for purchase of credit for exempt service plus       9,690        

interest at the actuarial assumption rate of the system paying     9,691        

that amount.  The interest shall be for the period beginning on    9,692        

the date of the member's last payment for purchase of the credit   9,693        

and ending on the date of the member's retirement.                 9,694        

      (F)  If a member dies or withdraws from service, any         9,696        

payment made by the member under this section shall be considered  9,697        

as accumulated contributions of the member.                        9,698        

      (G)  The retirement board shall adopt rules to implement     9,700        

this section.                                                      9,701        

      Sec. 3309.31.  Service credit purchased under this section   9,710        

shall be included in the member's total service credit.  Credit    9,711        

may be purchased for the following:                                9,712        

      (A)  School service in a public or private school, college,  9,714        

or university of this or another state, and for school service in  9,715        

any school or entity operated by or for the United States          9,716        

government.  Credit purchased under this section for school        9,717        

service shall be limited to service rendered in schools,           9,718        

colleges, or universities chartered or accredited by the           9,719        

appropriate governmental agency.                                   9,720        

      (B)  Public service with another state or the United States  9,722        

government, provided that such credit shall be limited to service  9,723        

                                                          205    


                                                                 
that would have been covered by the state teachers retirement      9,724        

system, the Ohio police and fire pension fund, the state highway   9,727        

patrol retirement system, or the public employees retirement       9,728        

system if served in a comparable public position in this state.    9,729        

      (C)  Service for which contributions were made by the        9,731        

member or on the member's behalf to a municipal retirement system  9,733        

in this state.                                                     9,734        

      The number of years of service purchased under this section  9,737        

shall not exceed the lesser of five years or the member's total    9,738        

accumulated number of years of Ohio service.                                    

      For each year of service purchased under this section, a     9,740        

member shall pay to the school employees retirement system for     9,741        

credit to the member's accumulated account an amount equal to the  9,743        

member's retirement contribution for full-time employment for the  9,744        

first year of Ohio service following termination of the service    9,745        

to be purchased.  To this amount shall be added an amount equal    9,746        

to compound interest at a rate established by the school           9,747        

employees retirement board from the date of membership in the      9,748        

school employees retirement system to date of payment.  A member   9,749        

may choose to purchase only part of such credit in any one         9,750        

payment, subject to board rules.                                   9,751        

      A member is ineligible to purchase under this section        9,753        

service that is used in the calculation of any retirement benefit  9,754        

currently being paid or payable in the future to the member under  9,755        

any other retirement program, except social security.  At the      9,756        

time the credit is purchased, the member shall certify on a form   9,757        

furnished by the retirement board that the member does and will    9,759        

conform to this requirement.                                       9,760        

      (D)  Credit purchased under this section may be combined     9,762        

pursuant to section 3309.35 of the Revised Code with credit        9,763        

purchased under sections 145.293 and 3307.32 3307.74 of the        9,764        

Revised Code, except that not more than an aggregate total of      9,766        

five years' service credit purchased under this section and        9,767        

sections 145.293 and 3307.32 3307.74 of the Revised Code shall be  9,768        

                                                          206    


                                                                 
used in determining retirement eligibility or calculating          9,770        

benefits under section 3309.35 of the Revised Code.                9,771        

      (E)  The retirement board shall establish a policy to        9,773        

determine eligibility to purchase credit under this section, and   9,774        

its decision shall be final.                                       9,775        

      Sec. 3309.341.  (A)  As used in this section:                9,784        

      (1)  "SERS retirant" means any person who is receiving a     9,786        

retirement allowance from the school employees retirement system   9,787        

under section 3309.36, 3309.38, or 3309.381 of the Revised Code.   9,788        

      (2)  "Other system retirant" means a member or former        9,790        

member of the public employees retirement system, Ohio police and  9,792        

fire pension fund, state teachers retirement system, state         9,793        

highway patrol retirement system, or Cincinnati retirement system  9,794        

who is receiving age and service or commuted age and service       9,795        

retirement, or a disability benefit from a system of which the     9,796        

retirant is a member or former member.                                          

      (B)(1)  An SERS retirant or other system retirant may be     9,798        

employed by a public employer.  If so employed, the SERS retirant  9,799        

or other system retirant shall contribute to the school employees  9,800        

retirement system in accordance with section 3309.47 of the        9,801        

Revised Code, and the employer shall make contributions in         9,802        

accordance with section 3309.49 of the Revised Code.               9,803        

      (2)  An employer that employs an SERS retirant or other      9,805        

system retirant shall notify the retirement board of the           9,806        

employment not later than the end of the month in which the        9,807        

employment commences.  On receipt of notice from an employer that  9,808        

a person who is an other system retirant has been employed, the    9,809        

school employees retirement system shall notify the state          9,810        

retirement system of which the other system retirant was a member  9,811        

of such employment.                                                9,812        

      (C)  An SERS retirant or other system retirant who has       9,814        

received a retirement allowance or disability benefit for less     9,816        

than two months when employment subject to this section commences  9,817        

shall forfeit the retirement allowance or disability benefit for   9,819        

                                                          207    


                                                                 
the period that begins on the date the employment commences and    9,820        

ends on the date that is two months after the date on which the    9,821        

retirement allowance or disability benefit commenced.  Service     9,822        

and contributions for that period shall not be included in the     9,823        

calculation of any benefits payable to the SERS retirant or other  9,824        

system retirant, and those contributions shall be refunded on      9,825        

death or termination of the employment.                            9,826        

      (D)  On receipt of notice from the Ohio police and fire      9,829        

pension fund, public employees retirement system, or state         9,831        

teachers retirement system of the re-employment of an SERS         9,832        

retirant, the school employees retirement system shall not pay,                 

or if paid shall recover, the amount to be forfeited by the SERS   9,833        

retirant in accordance with section 145.38, 742.26, or 3307.381    9,834        

3307.35 of the Revised Code.                                       9,835        

      (E)(1)  On termination of employment under this section, an  9,837        

SERS retirant or other system retirant may file an application     9,838        

with the school employees retirement system for a benefit under    9,839        

this division, which shall consist of a single life annuity        9,840        

having a reserve equal to the amount of the retirant's             9,841        

accumulated contributions for the period of employment and an      9,843        

equal amount of the employer's contributions, plus interest        9,844        

credited to the date of retirement at the rate provided in         9,845        

division (I)(2) of section 3309.01 of the Revised Code.  The SERS  9,846        

retirant or other system retirant shall elect either to receive    9,847        

the benefit as a monthly annuity for life or a lump-sum payment    9,848        

discounted to the present value using the current actuarial        9,849        

assumption rate of interest, except that if the monthly annuity    9,850        

would be less than twenty-five dollars per month, the retirant     9,852        

shall receive a lump-sum payment.                                               

      (2)  A benefit payable under this division shall commence    9,854        

on the first day of the month after the latest of the following:   9,855        

      (a)  The last day for which compensation for employment      9,857        

subject to this section was paid;                                  9,858        

      (b)  Attainment by the SERS retirant or other system         9,860        

                                                          208    


                                                                 
retirant of age sixty-five;                                        9,861        

      (c)  If the SERS retirant or other system retirant was       9,863        

previously employed under this section and is receiving or         9,864        

previously received a benefit under this division, completion of   9,865        

a period of twelve months since the effective date of that         9,866        

benefit.                                                           9,867        

      (3)  An SERS retirant or other system retirant subject to    9,869        

this section is not a member of the school employees retirement    9,870        

system; does not have any of the rights, privileges, or            9,871        

obligations of membership, except as specified in this section;    9,872        

and is not eligible to receive health, medical, hospital, or       9,873        

surgical benefits under section 3309.69 of the Revised Code for    9,874        

employment subject to this section.  No amount received under      9,875        

this division shall be included in determining an additional       9,876        

benefit under section 3309.374 of the Revised Code or any other    9,877        

post-retirement benefits.                                          9,878        

      (F)(1)  If an SERS retirant or other system retirant dies    9,880        

while employed in employment subject to this section, a lump-sum   9,881        

payment calculated in accordance with division (E)(1) of this      9,882        

section shall be paid to the beneficiary under division (H) of     9,883        

this section.                                                      9,884        

      (2)  If at the time of death an SERS retirant or other       9,886        

system retirant receiving a monthly annuity has received less      9,887        

than the retirant would have received as a lump-sum payment, the   9,890        

difference between the amount received and the amount that would   9,892        

have been received as a lump-sum payment shall be paid to the      9,893        

retirant's beneficiary under division (H) of this section.         9,895        

      (G)  If the disability benefit of an other system retirant   9,897        

employed under this section is terminated, the retirant shall      9,898        

become a member of the school employees retirement system,         9,900        

effective on the first day of the month next following the         9,901        

termination, with all the rights, privileges, and obligations of   9,902        

membership.  If the retirant, after the termination of the         9,904        

disability benefit, earns two years of service credit under this   9,906        

                                                          209    


                                                                 
retirement system or under the public employees retirement         9,907        

system, Ohio police and fire pension fund, state teachers          9,908        

retirement system, or state highway patrol retirement system, the  9,910        

retirant's prior contributions as an other system retirant under   9,912        

this section shall be included in the retirant's total service     9,913        

credit as a school employees retirement system member, and the     9,915        

retirant shall forfeit all rights and benefits of this section.    9,917        

Not more than one year of credit may be given for any period of    9,918        

twelve months.                                                                  

      (H)  An SERS retirant or other system retirant employed      9,920        

under this section may designate one or more persons as            9,921        

beneficiary to receive any benefits payable under this section     9,922        

due to death.  The designation shall be in writing duly executed   9,924        

on a form provided by the school employees retirement board,       9,925        

signed by the SERS retirant or other system retirant, and filed    9,926        

with the board prior to death.  The last designation of a          9,927        

beneficiary revokes all previous designations.  The SERS                        

retirant's or other system retirant's marriage, divorce, marriage  9,928        

dissolution, legal separation, withdrawal of account, birth of     9,929        

the retirant's child, or adoption of a child revokes all previous  9,931        

designations.  If there is no designated beneficiary, the          9,932        

beneficiary is the beneficiary designated under division (D) of    9,933        

section 3309.44 of the Revised Code.  If any benefit payable       9,934        

under this section due to the death of an SERS retirant or other   9,935        

system retirant is not claimed by a beneficiary within five years  9,936        

after the death, the amount payable shall be transferred to the    9,937        

guarantee fund and thereafter paid to the beneficiary or the       9,938        

estate of the SERS retirant or other system retirant on            9,939        

application to the board.                                          9,940        

      (I)  This section does not affect the receipt of benefits    9,942        

by or eligibility for benefits of any person who on August 29,     9,943        

1976, was receiving a disability benefit or service retirement     9,944        

pension or allowance from a state or municipal retirement system   9,945        

in Ohio and was a member of any other state or municipal           9,946        

                                                          210    


                                                                 
retirement system of this state.                                   9,947        

      (J)  The school employees retirement board may adopt rules   9,949        

to carry out this section.                                         9,950        

      Sec. 3309.35.  (A)  As used in this section:                 9,959        

      (1)  "State retirement system" means the public employees    9,961        

retirement system, state teachers retirement system, or school     9,962        

employees retirement system.                                       9,963        

      (2)  "Total service credit" means all service credit earned  9,965        

in all state retirement systems, except credit for service         9,966        

subject to section 3309.341 of the Revised Code.  Total service    9,967        

credit shall not exceed one year of credit for any twelve-month    9,968        

period.                                                            9,969        

      (3)  In addition to the meaning given in division (O) of     9,971        

section 3309.01 of the Revised Code, "disability benefit" means    9,972        

"disability benefit" as defined in sections 145.01 and 3307.01 of  9,973        

the Revised Code.                                                  9,974        

      (B)  To coordinate and integrate membership in the state     9,976        

retirement systems, at the option of a member, total               9,978        

contributions and service credit in all state retirement systems,  9,979        

including amounts paid to restore service credit under sections    9,980        

145.311, 3307.282 3307.711, and 3309.261 of the Revised Code,      9,982        

shall be used in determining the eligibility and total retirement  9,983        

or disability benefit payable.  When total contributions and       9,984        

service credit are so combined, the following provisions apply:    9,985        

      (1)  Service and commuted service retirement or a            9,987        

disability benefit is effective no sooner than the first day of    9,988        

the month next following the last day of employment for which      9,989        

compensation was paid.  If the application is filed after that     9,990        

date, the board may retire the member on the first day of the      9,991        

month next following the last day of employment for which          9,992        

compensation was paid.                                             9,993        

      (2)  In determining eligibility for a disability benefit,    9,995        

the medical examiner's report to the retirement board of any       9,996        

state retirement system, showing that the member's disability      9,997        

                                                          211    


                                                                 
incapacitates the member for the performance of duty, may be       9,998        

accepted by the state retirement boards as sufficient for          10,000       

granting a disability benefit.                                     10,001       

      (3)  The state retirement system in which the member had     10,003       

the greatest service credit, without adjustment, shall determine   10,004       

and pay the total retirement or disability benefit.  Where the     10,005       

member's credit is equal in two or more state retirement systems,  10,007       

the system having the largest total contributions of the member    10,008       

shall determine and pay the total benefit.                         10,009       

      (4)  In determining the total credit to be used in           10,011       

calculating a retirement allowance or disability benefit, credit   10,012       

shall not be reduced below that certified by the system or         10,013       

systems transferring credit, except that such total combined       10,014       

service credit shall not exceed one year of credit for any one     10,015       

"year" as defined in the law of the system making the              10,016       

calculation.                                                       10,017       

      (5)  The state retirement system determining and paying a    10,019       

retirement or disability benefit shall receive from the other      10,020       

system or systems the member's refundable account at retirement    10,021       

or the effective date of a disability benefit plus an equal        10,022       

amount from the employers' trust fund.                             10,023       

      (a)  The annuity rates and mortality tables of the state     10,025       

retirement system making the calculation and paying the benefit    10,026       

shall be exclusively applicable.                                   10,027       

      (b)  Deposits made for the purchase of an additional         10,029       

annuity, and including guaranteed interest, upon the request of    10,030       

the member, shall be transferred to the state retirement system    10,031       

paying the retirement or disability benefit.  The return upon      10,032       

such deposits shall be that offered by the state retirement        10,033       

system making the calculation and paying the retirement or         10,034       

disability benefit.                                                10,035       

      (C)  A former member receiving a retirement or disability    10,037       

benefit under this section, who accepts employment amenable to     10,038       

coverage in any state retirement system that participated in the   10,039       

                                                          212    


                                                                 
member's combined benefit, shall be subject to the applicable      10,041       

provisions of law governing such re-employment.  If the former     10,042       

member is subject to section 3307.381 3307.35 of the Revised Code  10,043       

and exceeds the limits on re-employment established by that        10,045       

section, the state retirement system paying a combined benefit     10,046       

shall terminate the entire pension portion of the benefit for the  10,047       

period of re-employment that exceeds the limit in that section.    10,048       

If a former member should be paid any amount in a retirement       10,049       

allowance, to which the former member is not entitled under the    10,051       

applicable provisions of law governing such re-employment, such    10,052       

amount shall be recovered by the state retirement system paying    10,053       

such allowance by utilizing any recovery procedure available       10,054       

under the code provisions of the state retirement system covering  10,055       

such re-employment.                                                10,056       

      (D)  An SERS retirant or other system retirant, as defined   10,058       

in section 3309.341 of the Revised Code, is not eligible to        10,059       

receive any benefit under this section for service subject to      10,060       

section 3309.341 of the Revised Code.                              10,061       

      Sec. 3309.3712.  THE SCHOOL EMPLOYEES RETIREMENT BOARD MAY   10,063       

ESTABLISH AND MAINTAIN A QUALIFIED GOVERNMENTAL EXCESS BENEFIT     10,064       

ARRANGEMENT THAT MEETS THE REQUIREMENTS OF DIVISION (m) OF         10,065       

SECTION 415 OF THE "INTERNAL REVENUE CODE OF 1986," 100 STAT.      10,069       

2085, 26 U.S.C.A. 415, AS AMENDED, AND ANY REGULATIONS ADOPTED     10,071       

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  10,072       

THAT PART OF A BENEFIT OTHERWISE PAYABLE UNDER THIS CHAPTER THAT   10,073       

EXCEEDS THE LIMITS ESTABLISHED BY SECTION 415 OF THE "INTERNAL     10,074       

REVENUE CODE OF 1986," AS AMENDED.                                 10,075       

      MEMBERS PARTICIPATING IN AN ARRANGEMENT ESTABLISHED UNDER    10,077       

THIS SECTION SHALL NOT BE PERMITTED TO ELECT TO DEFER              10,078       

COMPENSATION TO THE ARRANGEMENT.  CONTRIBUTIONS TO AND BENEFITS    10,079       

PAID UNDER AN ARRANGEMENT SHALL NOT BE PAYABLE FROM A TRUST THAT   10,080       

IS PART OF THE SYSTEM UNLESS THE TRUST IS MAINTAINED SOLELY FOR    10,081       

                                                          213    


                                                                 
THE PURPOSE OF PROVIDING SUCH BENEFITS.                            10,082       

      THE BOARD SHALL ADOPT RULES TO ADMINISTER AN ARRANGEMENT     10,084       

ESTABLISHED UNDER THIS SECTION.                                    10,085       

      Sec. 3309.39.  (A)  The school employees retirement system   10,094       

shall provide disability coverage to each member who has at least  10,095       

five years of total service credit.                                10,096       

      Not later than October 16, 1992, the school employees        10,098       

retirement board shall give each person who is a member on July    10,099       

29, 1992, the opportunity to elect disability coverage either      10,102       

under section 3309.40 of the Revised Code or under section         10,103       

3309.401 of the Revised Code.  The board shall mail notice of the  10,104       

election, accompanied by an explanation of the coverage under      10,105       

each of the Revised Code sections and a form on which the          10,106       

election is to be made, to each member at the member's last known  10,108       

address.  The board shall also provide the explanation and form    10,109       

to any member at the member's request.                                          

      Regardless of whether the member actually receives notice    10,111       

of the right to make an election, a member who fails to file a     10,113       

valid election under this section shall be considered to have                   

elected disability coverage under section 3309.40 of the Revised   10,114       

Code.  To be valid, an election must be made on the form provided  10,115       

by the retirement board, signed by the member, and filed with the  10,116       

board not later than one hundred eighty days after the date the    10,117       

notice was mailed, or, in the case of a form provided at the       10,118       

request of a member, a date specified by rule of the retirement    10,119       

board.  Once made, an election is irrevocable, but if the member   10,120       

ceases to be a member of the retirement system, the election is    10,121       

void.  If a person who makes an election under this section also   10,122       

makes an election under section 145.35 or 3307.42 3307.62 of the   10,124       

Revised Code, the election made for the system that pays a         10,125       

disability benefit to that person shall govern the benefit.        10,126       

      Disability coverage shall be provided under section          10,128       

3309.401 of the Revised Code for persons who become members after  10,129       

July 29, 1992, and for members who elect under this division to    10,132       

                                                          214    


                                                                 
be covered under section 3309.401 of the Revised Code.             10,133       

      The retirement board may adopt rules governing elections     10,135       

made under this division.                                          10,136       

      (B)  Application for a disability benefit may be made by a   10,138       

member, by a person acting in the member's behalf, or by the       10,139       

member's employer, provided the member has at least five years of  10,140       

total service credit and has disability coverage under section     10,141       

3309.40 or 3309.401 of the Revised Code.  The application for a    10,142       

disability benefit shall be made on a form provided by the         10,143       

retirement board.  The benefit payable to any member who is        10,144       

approved for a disability benefit shall become effective on the    10,145       

first day of the month next following the later of the following:  10,146       

      (1)  The last day for which compensation was paid;           10,148       

      (2)  The date on which the member was first incapacitated    10,150       

by the disabling condition.                                        10,151       

      (C)  Medical examination of a member who has applied for a   10,153       

disability benefit shall be conducted by a competent               10,154       

disinterested physician or physicians selected by the retirement   10,155       

board to determine whether the member is mentally or physically    10,156       

incapacitated for the performance of the member's last assigned    10,157       

primary duty as an employee by a disabling condition either        10,158       

permanent or presumed to be permanent for twelve continuous        10,159       

months following the filing of an application.  Such disability    10,161       

must have occurred since last becoming a member or have increased  10,162       

since last becoming a member to such extent as to make the         10,163       

disability permanent or presumed to be permanent for twelve        10,164       

continuous months following the filing of an application.          10,165       

      (D)  Application for a disability benefit must be made       10,167       

within two years from the date the member's contributing service   10,168       

terminated, unless the retirement board determines that the        10,169       

member's medical records demonstrate conclusively that at the      10,170       

time the two-year period expired, the member was physically or     10,171       

mentally incapacitated for duty as an employee and unable to make  10,172       

application.  Application may not be made by any person receiving  10,173       

                                                          215    


                                                                 
a service retirement allowance or commuted service retirement      10,174       

allowance under section 3309.36, 3309.38, or 3309.381 of the       10,175       

Revised Code or any person who, pursuant to section 3309.42 of     10,176       

the Revised Code, has been paid the accumulated contributions      10,177       

standing to the credit of the person's individual account in the   10,179       

employees' savings fund.                                                        

      (E)  If the physician or physicians determine that the       10,181       

member qualifies for a disability benefit, the retirement board    10,183       

concurs with the determination, and the member agrees to medical                

treatment as specified in division (F) of this section, the        10,185       

member shall receive a disability benefit under section 3309.40    10,186       

or 3309.401 of the Revised Code.  The action of the board shall    10,187       

be final.  At the time the board decides it concurs with the       10,188       

determination of the physician or physicians, the board shall      10,189       

determine the date on which the member was first incapacitated by  10,190       

the disabling condition.                                           10,191       

      (F)  The school employees retirement board shall adopt       10,193       

rules requiring a disability benefit recipient, as a condition of  10,195       

continuing to receive a disability benefit, to agree in writing    10,196       

to obtain any medical treatment recommended by the board's         10,197       

physician and submit medical reports regarding the treatment.  If  10,199       

the board determines that a disability benefit recipient is not                 

obtaining the medical treatment or the board does not receive a    10,200       

required medical report, the disability benefit shall be           10,201       

suspended until the treatment is obtained, the report is received  10,203       

by the board, or the board's physician certifies that the          10,204       

treatment is no longer helpful or advisable.  Should the           10,206       

recipient's failure to obtain treatment or submit a medical                     

report continue for one year, the recipient's right to the         10,208       

disability benefit shall be terminated as of the effective date    10,209       

of the original suspension.                                                     

      (G)  In the event an employer files an application for a     10,211       

disability benefit as a result of a member having been separated   10,212       

from service because the member is considered to be mentally or    10,214       

                                                          216    


                                                                 
physically incapacitated for the performance of the member's last               

assigned primary duty as an employee, and the physician or         10,215       

physicians selected by the board report to the board that the      10,216       

member is physically and mentally capable of performing service    10,217       

similar to that from which the member was separated, and the       10,218       

board concurs in such report, then the board shall so certify to   10,219       

the employer and the employer shall restore the member to the      10,220       

member's previous position and salary or to a similar position     10,221       

and salary.                                                                     

      Sec. 3309.45.  Except as provided in division (C)(1) of      10,230       

this section, in lieu of accepting the payment of the accumulated  10,232       

account of a member who dies before service retirement, the        10,233       

beneficiary, as determined in section 3309.44 of the Revised       10,234       

Code, may elect to forfeit the accumulated account and to          10,235       

substitute certain other benefits either under division (A) or     10,236       

(B) of this section.                                                            

      (A)  If a deceased member was eligible for a service         10,238       

retirement allowance as provided in section 3309.36, 3309.38, or   10,239       

3309.381 of the Revised Code, a surviving spouse or other sole     10,240       

dependent beneficiary may elect to receive a monthly benefit       10,242       

computed as the joint-survivor allowance designated as "plan D"    10,243       

in section 3309.46 of the Revised Code, which the member would     10,244       

have received had the member retired on the last day of the month  10,245       

of death and had the member at that time selected such             10,246       

joint-survivor plan.  Payment shall begin with the month           10,247       

subsequent to the member's death.                                  10,248       

      (B)  If the deceased member had completed at least one and   10,250       

one-half years of credit for Ohio service, with at least           10,251       

one-quarter year of Ohio contributing service credit within the    10,252       

two and one-half years prior to the date of death, or was          10,253       

receiving at the time of death a disability benefit as provided    10,254       

in section 3309.40 or 3309.401 of the Revised Code, qualified      10,255       

survivors may elect to receive monthly benefits, provided in       10,258       

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

                                                          217    


                                                                 
    (1)  Number of                                                 10,260       

    Qualified                                                      10,261       

                                                       Or          10,262       

    survivors      Annual Benefit as a Per       Monthly Benefit   10,264       

    affecting        Cent of Decedent's           shall not be     10,267       

                            Final                                               

    the benefit        Average Salary               less than      10,270       

         1                   25%                      $ 96         10,273       

         2                   40                        186         10,274       

         3                   50                        236         10,275       

         4                   55                        236         10,276       

         5 or more           60                        236         10,277       

      (2)  Benefits shall begin as qualified survivors meet        10,280       

eligibility requirements as follows:                               10,281       

      (a)  A qualified spouse is the surviving spouse of the       10,283       

deceased member who is age sixty-two, or age fifty if the          10,286       

deceased member had ten or more years of Ohio service credit, or   10,287       

regardless of age if caring for a surviving child, or regardless   10,289       

of age if adjudged physically or mentally incompetent.             10,290       

      (b)  A qualified child is any unmarried child of the         10,294       

deceased member under age eighteen, or under age twenty-two if     10,295       

the child is attending an institution of learning or training      10,296       

pursuant to a program designed to complete in each school year     10,297       

the equivalent of at least two-thirds of the full-time curriculum  10,298       

requirements of such institution and as further determined by      10,299       

board policy, or regardless of age if adjudged physically or       10,300       

mentally incompetent.                                              10,301       

      (c)  A qualified parent is a dependent parent aged           10,303       

sixty-five or older.                                               10,304       

      (3)  "Physically or mentally incompetent" as used in this    10,306       

section may be determined by a court of jurisdiction, or by a      10,307       

physician appointed by the retirement board.  Incapability of      10,308       

earning a living because of a physically or mentally disabling     10,309       

condition shall meet the qualifications of this division.          10,310       

                                                          218    


                                                                 
      (4)  Benefits to a qualified survivor shall terminate upon   10,313       

a first marriage, abandonment, adoption, or during active          10,315       

military service.  Benefits to a deceased member's surviving       10,317       

spouse that were terminated under a former version of this         10,318       

section that required termination due to remarriage and were not   10,319       

resumed prior to the effective date of this amendment shall        10,320       

resume on the first day of the month immediately following                      

receipt by the board of an application on a form provided by the   10,321       

board.                                                                          

      Upon the death of any subsequent spouse who was a member of  10,324       

the public employees retirement system, state teachers retirement  10,325       

system, or school employees retirement system, the surviving       10,326       

spouse of such member may elect to continue receiving benefits     10,327       

under this division, or to receive survivor's benefits, based      10,328       

upon the subsequent spouse's membership in one or more of the      10,329       

systems, for which such surviving spouse is eligible under this    10,330       

section or section 145.45 or 3307.49 3307.66 of the Revised Code.  10,332       

If the surviving spouse elects to continue receiving benefits      10,333       

under this division, such election shall not preclude the payment  10,334       

of benefits under this division to any other qualified survivor.   10,335       

      Benefits shall begin or resume on the first day of the       10,337       

month following the attainment of eligibility and shall terminate  10,338       

on the first day of the month following loss of eligibility.       10,339       

      (5)  Benefits to a qualified spouse shall be paid in the     10,341       

amount determined for the first qualifying survivor in division    10,343       

(B)(1) of this section, but shall not be less than one hundred     10,344       

six dollars per month if the deceased member had ten or more       10,345       

years of Ohio service credit.  All other qualifying survivors      10,347       

shall share equally in the benefit or remaining portion thereof.   10,348       

      (6)  The beneficiary of a member who is also a member of     10,350       

the public employees retirement system, or of the state teachers   10,351       

retirement system, must forfeit the member's accumulated           10,352       

contributions in those systems, if the beneficiary takes a         10,355       

survivor benefit.  Such benefit shall be exclusively governed by   10,356       

                                                          219    


                                                                 
section 3309.35 of the Revised Code.                               10,357       

      (C)(1)  Regardless of whether the member is survived by a    10,361       

spouse or designated beneficiary, if the school employees                       

retirement system receives notice that a deceased member           10,362       

described in division (A) or (B) of this section has one or more   10,364       

qualified children, all persons who are qualified survivors under  10,365       

Division (B) of this section shall receive monthly benefits as     10,368       

provided in division (B) of this section.                          10,369       

      If, after determining the monthly benefits to be paid under  10,371       

division (B) of this section, the system receives notice that      10,372       

there is a qualified survivor who was not considered when the      10,373       

determination was made, the system shall, notwithstanding section  10,374       

3309.661 of the Revised Code, recalculate the monthly benefits     10,375       

with that qualified survivor included, even if the benefits to     10,376       

qualified survivors already receiving benefits are reduced as a    10,377       

result.  The benefits shall be calculated as if the qualified      10,378       

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

date the notice was received and shall be paid to qualified        10,379       

survivors effective on the first day of the first month following  10,380       

the system's receipt of the notice.                                10,381       

      If the retirement system did not receive notice that a       10,383       

deceased member has one or more qualified children prior to        10,385       

making payment under section 3309.44 of the Revised Code to a      10,388       

beneficiary as determined by the retirement system, the payment    10,389       

is a full discharge and release of the system from any future      10,390       

claims under this section or section 3309.44 of the Revised Code.  10,391       

      (2)  If benefits under division (C)(1) of this section to    10,394       

all persons, or to all persons other than a surviving spouse or    10,396       

other sole beneficiary, terminate, there are no children under                  

the age of twenty-two years, and the surviving spouse or           10,397       

beneficiary qualifies for benefits under division (A) of this      10,399       

section, the surviving spouse or beneficiary may elect to receive  10,400       

benefits under division (A) of this section.  Benefits shall be    10,401       

effective on the first day of the month following receipt by the   10,403       

                                                          220    


                                                                 
board of an application for benefits under division (A) of this    10,404       

section.                                                           10,405       

      (D)  If the survivor benefits due and paid under this        10,407       

section are in a total amount less than the member's accumulated   10,408       

account that was transferred from the employees' savings fund,     10,409       

the state teachers retirement fund, and the public employees       10,410       

retirement fund to the survivors' benefit fund, then the           10,411       

difference between the total amount of the benefits paid shall be  10,412       

paid to the beneficiary under section 3309.44 of the Revised       10,413       

Code.                                                              10,414       

      Sec. 3313.975.   As used in this section and in sections     10,423       

3313.975 to 3313.979 of the Revised Code, "the pilot project       10,424       

school district" or "the district" means any school district       10,427       

included in the pilot project scholarship program pursuant to      10,428       

this section.                                                                   

      (A)  The superintendent of public instruction shall          10,431       

establish a pilot project scholarship program and shall include    10,432       

in such program any school districts that are or have ever been    10,433       

under federal court order requiring supervision and operational    10,435       

management of the district by the state superintendent.  The                    

program shall provide for a number of students residing in any     10,437       

such district to receive scholarships to attend alternative        10,438       

schools, and for an equal number of students to receive tutorial   10,439       

assistance grants while attending public school in any such        10,440       

district.                                                                       

      (B)  The state superintendent shall establish an             10,442       

application process and deadline for accepting applications from   10,443       

students residing in the district to participate in the            10,444       

scholarship program.  In the initial year of the program students  10,445       

may only use a scholarship to attend school in grades              10,446       

kindergarten through third.                                                     

      The state superintendent shall award as many scholarships    10,448       

and tutorial assistance grants as can be funded given the amount   10,449       

appropriated for the program.  In no case, however, shall more     10,450       

                                                          221    


                                                                 
than fifty per cent of all scholarships awarded be used by         10,451       

students who were enrolled in a nonpublic school during the        10,452       

school year of application for a scholarship.                      10,453       

      (C)(1)  The pilot project program shall continue in effect   10,457       

each year that the general assembly has appropriated sufficient    10,458       

money to fund scholarships and tutorial assistance grants.  In     10,459       

each year the program continues, no new students may receive       10,460       

scholarships unless they are enrolled in grade kindergarten, one,  10,461       

two, or three.  However, any student who has received a            10,463       

scholarship the preceding year may continue to receive one until   10,464       

the student has completed grade eight.                                          

      (2)  If the general assembly discontinues the scholarship    10,466       

program, all students who are attending an alternative school      10,467       

under the pilot project shall be entitled to continued admittance  10,469       

to that specific school through all grades up to the eighth grade  10,470       

that are provided in such school, under the same conditions as     10,472       

when they were participating in the pilot project.  The state      10,473       

superintendent shall continue to make scholarship payments in                   

accordance with division (A) or (B) of section 3313.979 of the     10,475       

Revised Code for students who remain enrolled in an alternative    10,477       

school under this provision in any year that funds have been       10,478       

appropriated for this purpose.                                                  

      If funds are not appropriated, the tuition charged to the    10,480       

parents of a student who remains enrolled in an alternative        10,482       

school under this provision shall not be increased beyond the      10,483       

amount equal to the amount of the scholarship plus any additional  10,484       

amount charged that student's parent in the most recent year of    10,485       

attendance as a participant in the pilot project, except that      10,486       

tuition for all the students enrolled in such school may be        10,487       

increased by the same percentage.                                  10,488       

      (D)  Notwithstanding sections 124.39, 3307.35 3307.54, and   10,491       

3319.17 of the Revised Code, if the pilot project school district  10,492       

experiences a decrease in enrollment due to participation in a     10,493       

state-sponsored scholarship program pursuant to sections 3313.974  10,494       

                                                          222    


                                                                 
to 3313.979 of the Revised Code, the district board of education   10,495       

may enter into an agreement with any teacher it employs to         10,496       

provide to that teacher severance pay or early retirement          10,497       

incentives, or both, if the teacher agrees to terminate the        10,498       

employment contract with the district board, provided any          10,499       

collective bargaining agreement in force pursuant to Chapter       10,500       

4117. of the Revised Code does not prohibit such an agreement for  10,502       

termination of a teacher's employment contract.                                 

      Sec. 3317.011.  On or before the third Wednesday of each     10,511       

month, the department of education shall certify to the director   10,512       

of budget and management for payment, for each county:             10,513       

      (A)(1)  That portion of the allocation of money under        10,515       

sections 3317.022 to 3317.0211, 3317.11, 3317.16, 3317.17, and     10,516       

3317.19 of the Revised Code that is required to be paid in that    10,517       

month to each school district located wholly within the county     10,518       

subsequent to the deductions described in division (A)(2) of this  10,519       

section; and                                                       10,520       

      (2)  The amounts deducted from such allocation under         10,522       

sections 3307.56 3307.31 and 3309.51 of the Revised Code for       10,523       

payment directly to the school employees and state teachers        10,525       

retirement systems under such sections.                            10,526       

      (B)  If the district is located in more than one county, an  10,528       

apportionment of the amounts that would otherwise be certified     10,529       

under division (A) of this section.  The amounts apportioned to    10,530       

the county shall equal the amounts certified under division (A)    10,531       

of this section times the percentage of the district's resident    10,532       

pupils who reside both in the district and in the county.          10,533       

      Sec. 3317.13.  (A)  As used in this section and section      10,542       

3317.14 of the Revised Code:                                       10,543       

      (1)  "Years of service" includes the following:              10,545       

      (a)  All years of teaching service in the same school        10,547       

district or educational service center, regardless of training     10,548       

level, with each year consisting of at least one hundred twenty    10,550       

days under a teacher's contract;                                                

                                                          223    


                                                                 
      (b)  All years of teaching service in a chartered,           10,552       

nonpublic school located in Ohio as a teacher licensed pursuant    10,553       

to section 3319.22 of the Revised Code or in another public        10,554       

school, regardless of training level, with each year consisting    10,555       

of at least one hundred twenty days under a teacher's contract;    10,556       

      (c)  All years of teaching service in a chartered school or  10,558       

institution or a school or institution that subsequently became    10,559       

chartered or a chartered special education program or a special    10,560       

education program that subsequently became chartered operated by   10,561       

the state or by a subdivision or other local governmental unit of  10,562       

this state as a teacher licensed pursuant to section 3319.22 of    10,563       

the Revised Code, regardless of training level, with each year     10,564       

consisting of at least one hundred twenty days; and                10,565       

      (d)  All years of active military service in the armed       10,567       

forces of the United States, as defined in section 3307.02         10,568       

3307.75 of the Revised Code, to a maximum of five years.  For      10,570       

purposes of this calculation, a partial year of active military    10,571       

service of eight continuous months or more in the armed forces     10,572       

shall be counted as a full year.                                   10,573       

      (2)  "Teacher" means all teachers employed by the board of   10,575       

education of any school district, including any cooperative        10,577       

education or joint vocational school district and all teachers     10,578       

employed by any educational service center governing board.                     

      (B)  No teacher shall be paid a salary less than that        10,580       

provided in the schedule set forth in division (C) of this         10,581       

section.  In calculating the minimum salary any teacher shall be   10,582       

paid pursuant to this section, years of service shall include the  10,583       

sum of all years of the teacher's teaching service included in     10,584       

divisions (A)(1)(a), (b), (c), and (d) of this section; except     10,585       

that any school district or educational service center employing   10,586       

a teacher new to the district or educational service center shall  10,587       

grant such teacher a total of not more than ten years of service   10,588       

pursuant to divisions (A)(1)(b), (c), and (d) of this section.     10,589       

      Upon written complaint to the superintendent of public       10,591       

                                                          224    


                                                                 
instruction that the board of education of a district or the       10,592       

governing board of an educational service center governing board   10,593       

has failed or refused to annually adopt a salary schedule or to    10,594       

pay salaries in accordance with the salary schedule set forth in   10,595       

division (C) of this section, the superintendent of public         10,596       

instruction shall cause to be made an immediate investigation of   10,597       

such complaint. If the superintendent finds that the conditions    10,598       

complained of exist, the superintendent shall order the board to   10,599       

correct such conditions within ten days from the date of the       10,601       

finding.  No moneys shall be distributed to the district or        10,602       

educational service center under this chapter until the            10,603       

superintendent has satisfactory evidence of the board of           10,604       

education's full compliance with such order.                       10,605       

      Each teacher shall be fully credited with placement in the   10,607       

appropriate academic training level column in the district's or    10,609       

educational service center's salary schedule with years of                      

service properly credited pursuant to this section or section      10,611       

3317.14 of the Revised Code.  No rule shall be adopted or          10,612       

exercised by any board of education or educational service center  10,613       

governing board which restricts the placement or the crediting of  10,614       

annual salary increments for any teacher according to the                       

appropriate academic training level column.                        10,615       

      (C)  Minimum salaries exclusive of retirement and sick       10,617       

leave for teachers shall be as follows:                            10,618       

          Teachers                   Teachers with    Teachers     10,621       

Years     with Less   Teachers with  Five Years of      with       10,623       

of        than        a Bachelor's   Training, but   a Master's    10,625       

Service   Bachelor's     Degree       no Master's    Degree or     10,627       

          Degree                        Degree         Higher      10,628       

   Per     Dollar  Per     Dollar  Per     Dollar  Per     Dollar  10,632       

   Cent*   Amount  Cent*   Amount  Cent*   Amount  Cent*   Amount  10,634       

0   86.5  $14,705  100.0  $17,000  103.8  $17,646  109.5  $18,615  10,636       

1   90.0   15,300  103.8   17,646  108.1   18,377  114.3   19,431  10,638       

2   93.5   15,895  107.6   18,292  112.4   19,108  119.1   20,247  10,640       

                                                          225    


                                                                 
3   97.0   16,490  111.4   18,938  116.7   19,839  123.9   21,063  10,642       

4  100.5   17,085  115.2   19,584  121.0   20,570  128.7   21,879  10,644       

5  104.0   17,680  119.0   20,230  125.3   21,301  133.5   22,695  10,646       

6  104.0   17,680  122.8   20,876  129.6   22,032  138.3   23,511  10,648       

7  104.0   17,680  126.6   21,522  133.9   22,763  143.1   24,327  10,650       

8  104.0   17,680  130.4   22,168  138.2   23,494  147.9   25,143  10,652       

9  104.0   17,680  134.2   22,814  142.5   24,225  152.7   25,959  10,654       

10 104.0   17,680  138.0   23,460  146.8   24,956  157.5   26,775  10,656       

11 104.0   17,680  141.8   24,106  151.1   25,687  162.3   27,591  10,658       

      * Percentages represent the percentage which each salary is  10,661       

of the base amount.                                                10,662       

      For purposes of determining the minimum salary at any level  10,664       

of training and service, the base of one hundred per cent shall    10,665       

be the base amount.  The percentages used in this section show     10,666       

the relationships between the minimum salaries required by this    10,667       

section and the base amount and shall not be construed as          10,668       

requiring any school district or educational service center to     10,669       

adopt a schedule containing salaries in excess of the amounts set  10,671       

forth in this section for corresponding levels of training and     10,672       

experience.                                                                     

      As used in this division:                                    10,674       

      (1)  "Base amount" means seventeen thousand dollars.         10,676       

      (2)  "Five years of training" means at least one hundred     10,678       

fifty semester hours, or the equivalent, and a bachelor's degree   10,679       

from a recognized college or university.                           10,680       

      (D)  For purposes of this section, all credited training     10,682       

shall be from a recognized college or university.                  10,683       

      Sec. 3319.08.  The board of education of each city,          10,692       

exempted village, local, and joint vocational school district and  10,694       

the governing board of each educational service center shall                    

enter into written contracts for the employment and reemployment   10,696       

of all teachers.  The board of each such school district or        10,697       

service center that authorizes compensation in addition to the     10,698       

base salary stated in the teachers' salary schedule for the                     

                                                          226    


                                                                 
performance of duties by a teacher that are in addition to the     10,699       

teacher's regular teaching duties, shall enter into a              10,700       

supplemental written contract with each teacher who is to perform  10,701       

additional duties.  Such supplemental written contracts shall be   10,702       

limited contracts.  Such written contracts and supplemental        10,703       

written contracts shall set forth the teacher's duties and shall   10,704       

specify the salaries and compensation to be paid for regular       10,705       

teaching duties and additional teaching duties, respectively,      10,706       

either or both of which may be increased but not diminished        10,707       

during the term for which the contract is made, except as          10,708       

provided in section 3319.12 of the Revised Code.                   10,709       

      If a board adopts a motion or resolution to employ a         10,712       

teacher under a limited or continuing contract and the teacher     10,713       

accepts such employment, the failure of such parties to execute a  10,714       

written contract shall not void such employment contract.          10,715       

      Teachers must be paid for all time lost when the schools in  10,717       

which they are employed are closed due to an epidemic or other     10,718       

public calamity, and for time lost due to illness or otherwise     10,719       

for not less than five days annually as authorized by regulations  10,720       

which each board shall adopt.                                      10,721       

      Contracts for the employment of teachers shall be of two     10,723       

types, limited contracts and continuing contracts.                 10,724       

      (A)  A limited contract is:                                  10,726       

      (1)  For a superintendent, a contract for such term as       10,728       

authorized by section 3319.01 of the Revised Code;                 10,729       

      (2)  For an assistant superintendent, principal, assistant   10,731       

principal, or other administrator, a contract for such term as     10,732       

authorized by section 3319.02 of the Revised Code;                 10,733       

      (3)  For all other teachers, a contract for a term not to    10,735       

exceed five years.                                                 10,736       

      (B)  A continuing contract is a contract that remains in     10,738       

effect until the teacher resigns, elects to retire, or is retired  10,739       

pursuant to FORMER section 3307.37 of the Revised Code, or until   10,740       

it is terminated or suspended and shall be granted only to the     10,741       

                                                          227    


                                                                 
following:                                                         10,742       

      (1)  Any teacher holding a professional, permanent, or life  10,744       

teacher's certificate;                                             10,745       

      (2)  Any teacher holding a professional educator license     10,747       

who has completed the applicable one of the following:             10,748       

      (a)  If the teacher did not hold a masters degree at the     10,750       

time of initially receiving a teacher's certificate under former   10,751       

law or an educator license, thirty semester hours of coursework    10,752       

in the area of licensure or in an area related to the teaching     10,753       

field since the initial issuance of such certificate or license,   10,754       

as specified in rules which the state board of education shall     10,755       

adopt;                                                                          

      (b)  If the teacher held a masters degree at the time of     10,757       

initially receiving a teacher's certificate under former law or    10,758       

an educator license, six semester hours of graduate coursework in  10,759       

the area of licensure or in an area related to the teaching field  10,760       

since the initial issuance of such certificate or license, as      10,761       

specified in rules which the state board of education shall                     

adopt.                                                             10,762       

      This section applies only to contracts entered into after    10,764       

August 18, 1969.                                                                

      Sec. 5101.181.  (A)  As used in this section and section     10,773       

5101.182 of the Revised Code, "public assistance" includes, in     10,774       

addition to Ohio works first; prevention, retention, and           10,775       

contingency; medicaid; and disability assistance, general          10,777       

assistance provided prior to July 17, 1995, under former Chapter   10,779       

5113. of the Revised Code.                                         10,780       

      (B)  As part of the procedure for the determination of       10,783       

overpayment to a recipient of public assistance under Chapter      10,784       

5107., 5108., 5111., or 5115. of the Revised Code, the director    10,785       

of human services shall furnish quarterly the name and social      10,786       

security number of each individual who receives public assistance  10,787       

to the director of administrative services, the administrator of   10,788       

the bureau of workers' compensation, and each of the state's       10,789       

                                                          228    


                                                                 
retirement boards.  Within fourteen days after receiving the name  10,790       

and social security number of an individual who receives public    10,791       

assistance, the director of administrative services,               10,792       

administrator, or board shall inform the auditor of state as to    10,793       

whether such individual is receiving wages or benefits, the        10,794       

amount of any wages or benefits being received, the social         10,795       

security number, and the address of the individual.  The director  10,796       

of administrative services, administrator, boards, and any agent   10,797       

or employee of those officials and boards shall comply with the    10,798       

rules of the department of human services restricting the          10,799       

disclosure of information regarding recipients of public                        

assistance.  Any person who violates this provision shall          10,800       

thereafter be disqualified from acting as an agent or employee or  10,801       

in any other capacity under appointment or employment of any       10,802       

state board, commission, or agency.                                10,803       

      (C)  The auditor of state may enter into a reciprocal        10,805       

agreement with the director of human services or comparable        10,806       

officer of any other state for the exchange of names, current or   10,807       

most recent addresses, or social security numbers of persons       10,808       

receiving public assistance under Title IV-A or under Title XIX    10,811       

of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,  10,812       

as amended.                                                                     

      (D)(1)  The auditor of state shall retain, for not less      10,814       

than two years, at least one copy of all information received      10,816       

under this section and sections 145.27, 742.41, 3307.21 3307.20,   10,817       

3309.22, 4123.27, 5101.182, and 5505.04 of the Revised Code.  The  10,819       

auditor shall review the information to determine whether                       

overpayments were made to recipients of public assistance under    10,821       

Chapters 5107., 5108., 5111., and 5115. of the Revised Code.  The  10,822       

auditor of state shall initiate action leading to prosecution,     10,823       

where warranted, of recipients who received overpayments by        10,824       

forwarding the name of each recipient who received overpayment,    10,825       

together with other pertinent information, to the director of      10,826       

human services and the attorney general, to the district director  10,827       

                                                          229    


                                                                 
of human services of the district through which public assistance  10,828       

was received, and to the county director of human services and     10,829       

county prosecutor of the county through which public assistance    10,830       

was received.                                                                   

      (2)  The auditor of state and the attorney general or their  10,832       

designees may examine any records, whether in computer or printed  10,833       

format, in the possession of the director of human services or     10,834       

any county director of human services.  They shall provide         10,835       

safeguards which restrict access to such records to purposes       10,836       

directly connected with an audit or investigation, prosecution,    10,837       

or criminal or civil proceeding conducted in connection with the   10,838       

administration of the programs and shall comply with the rules of  10,839       

the department of human services restricting the disclosure of     10,840       

information regarding recipients of public assistance.  Any        10,841       

person who violates this provision shall thereafter be             10,842       

disqualified from acting as an agent or employee or in any other   10,843       

capacity under appointment or employment of any state board,       10,844       

commission, or agency.                                             10,845       

      (3)  Costs incurred by the auditor of state in carrying out  10,847       

the auditor of state's duties under this division shall be borne   10,849       

by the auditor of state.                                           10,850       

      THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1, 2000.     10,852       

      Sec. 5505.161.  On receipt of notice from the public         10,861       

employees retirement system, Ohio police and fire pension fund,    10,862       

state teachers retirement system, or school employees retirement   10,863       

system of the re-employment of a retirant, the state highway       10,864       

patrol retirement system shall not pay, or if paid shall recover,  10,865       

any amount to be forfeited by the retirant in accordance with      10,866       

section 145.38, 742.26, 3307.381 3307.35, or 3309.341 of the       10,867       

Revised Code.                                                                   

      Sec. 5505.177.  THE STATE HIGHWAY PATROL RETIREMENT BOARD    10,869       

MAY ESTABLISH AND MAINTAIN A QUALIFIED GOVERNMENTAL EXCESS         10,870       

BENEFIT ARRANGEMENT THAT MEETS THE REQUIREMENTS OF DIVISION (m)    10,871       

OF SECTION 415 OF THE "INTERNAL REVENUE CODE OF 1986," 100 STAT.   10,875       

                                                          230    


                                                                 
2085, 26 U.S.C.A. 415, AS AMENDED, AND ANY REGULATIONS ADOPTED     10,877       

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  10,878       

THAT PART OF A BENEFIT OTHERWISE PAYABLE UNDER THIS CHAPTER THAT   10,879       

EXCEEDS THE LIMITS ESTABLISHED BY SECTION 415 OF THE "INTERNAL     10,880       

REVENUE CODE OF 1986," AS AMENDED.                                 10,881       

      MEMBERS PARTICIPATING IN AN ARRANGEMENT ESTABLISHED UNDER    10,883       

THIS SECTION SHALL NOT BE PERMITTED TO ELECT TO DEFER              10,884       

COMPENSATION TO THE ARRANGEMENT.  CONTRIBUTIONS TO AND BENEFITS    10,885       

PAID UNDER AN ARRANGEMENT SHALL NOT BE PAYABLE FROM A TRUST THAT   10,886       

IS PART OF THE SYSTEM UNLESS THE TRUST IS MAINTAINED SOLELY FOR    10,887       

THE PURPOSE OF PROVIDING SUCH BENEFITS.                            10,888       

      THE BOARD SHALL ADOPT RULES TO ADMINISTER AN ARRANGEMENT     10,890       

ESTABLISHED UNDER THIS SECTION.                                    10,891       

      Sec. 5505.202.  (A)  As used in this section:                10,900       

      (1)  "Full-time service" means full-time service as defined  10,902       

by rule which shall be adopted by the state highway patrol         10,903       

retirement board.                                                  10,904       

      (2)  "Qualified contributions" means contributions to the    10,906       

public employees retirement system, state teachers retirement      10,907       

system, or school employees retirement system attributable to      10,908       

full-time service or purchase of credit for service in the armed   10,909       

forces of the United States.                                       10,910       

      (B)(1)  For purposes of computing the pension payable under  10,913       

section 5505.17 or 5505.18 of the Revised Code, a member of the    10,914       

state highway patrol retirement system who is a former member of   10,915       

the public employees retirement system, school employees           10,916       

retirement system, or state teachers retirement system and has     10,918       

received a return of contributions from the former retirement      10,920       

system shall be given full credit for service credit earned for    10,921       

full-time service as a member of the former retirement system or   10,922       

purchased for service in the armed forces of the United States     10,925       

if, for each year of service credit, the state highway patrol      10,926       

                                                          231    


                                                                 
retirement system receives the sum of the following:               10,927       

      (a)  An amount, which shall be paid by the member to the     10,931       

member's credit in the employees savings fund, equal to the        10,933       

amount received by the member from the former retirement system    10,935       

for that year that is attributable to contributions made for       10,937       

full-time service and payments for credit purchased for service    10,938       

in the armed forces of the United States, plus interest on that    10,940       

amount from the date payment was made to the member by the former  10,942       

retirement system to the date the member makes the payment to the  10,944       

state highway patrol retirement system;                                         

      (b)  Interest, which shall be transferred by the former      10,947       

retirement system, on the amount received by the member that is    10,948       

attributable to the year of service from the last day of the year  10,949       

for which the service credit was earned or in which the military                

service credit was purchased or obtained to the date the amount    10,950       

was paid to the member;                                            10,951       

      (c)  An amount, which shall be transferred by the former     10,953       

retirement system, equal to the lesser of the employer's           10,954       

qualified contributions to the former retirement system for the    10,955       

year of service or the amount that would have been contributed by  10,957       

the employer for the year of service had the member been a member  10,958       

of the state highway patrol retirement system, with interest on    10,959       

that amount from the last day of the year for which the service    10,961       

credit was earned or in which military service credit was          10,962       

purchased or obtained to the date the transfer is made.            10,963       

      On receipt of payment from the member, the state highway     10,966       

patrol retirement system shall notify the former retirement        10,967       

system, which, on receipt of the notice, shall make the transfer   10,968       

required by this division.  Interest shall be determined in        10,969       

accordance with division (E) of this section.                      10,970       

      (2)  For purposes of computing the pension payable under     10,972       

section 5505.17 or 5505.18 of the Revised Code, a member of the    10,975       

state highway patrol retirement system who has contributions on    10,977       

deposit with the public employees retirement system, school        10,978       

                                                          232    


                                                                 
employees retirement system, or state teachers retirement system   10,979       

shall be given full credit for service credit earned for           10,980       

full-time service as a member of that retirement system or         10,981       

purchased for service in the armed forces of the United States     10,984       

if, for each year of service, the public employees retirement      10,986       

system, school employees retirement system, or state teachers      10,987       

retirement system transfers to the state highway patrol            10,988       

retirement system the sum of the following:                        10,989       

      (a)  An amount equal to the member's qualified               10,992       

contributions;                                                                  

      (b)  An amount equal to the lesser of the employer's         10,994       

qualified contributions to the public employees retirement         10,995       

system, school employees retirement system, or state teachers      10,996       

retirement system or the amount that would have been contributed   10,998       

by the employer for the full-time service had the member been a    10,999       

member of the state highway patrol retirement system;              11,000       

      (c)  Interest, determined in accordance with division (E)    11,003       

of this section, on the amounts specified in divisions (B)(2)(a)   11,004       

and (b) of this section from the last day of the year for which    11,007       

the service credit was earned or in which military service credit  11,008       

was purchased or obtained to the date the transfer is made.        11,009       

      On receipt of a request from the member, the appropriate     11,012       

retirement system shall make the transfer.                                      

      (3)  For purposes of computing the pension payable under     11,014       

section 5505.17 or 5505.18 of the revised Code, a member of the    11,017       

state highway patrol retirement system who has contributions on    11,018       

deposit with the Cincinnati retirement system shall be given full  11,020       

credit for service credit earned for full-time service as a        11,021       

member of that retirement system or purchased from the retirement  11,022       

system for service in the armed forces of the United States if,    11,024       

for each year of service credit, the state highway patrol          11,025       

retirement system receives the sum of the following:               11,026       

      (a)  An amount, which shall be paid by the member to the     11,029       

member's credit in the employees savings fund, equal to the        11,030       

                                                          233    


                                                                 
amount withdrawn from the Cincinnati retirement system that is     11,032       

attributable to that year of service, with interest on that                     

amount determined in accordance with division (I) of this section  11,034       

from the date of withdrawal to the date of payment;                11,035       

      (b)  Interest, which shall be paid either by the member or   11,038       

the Cincinnati retirement system, on the amount withdrawn from     11,039       

the Cincinnati retirement system that is attributable to the year  11,041       

of service from the last day of the year for which the service                  

credit was earned or in which the military service credit was      11,042       

purchased or obtained to the date the amount was withdrawn;        11,044       

      (c)  An amount, which shall be paid either by the member or  11,047       

the Cincinnati retirement system, equal to the lesser of the       11,049       

amount contributed by the employer to the Cincinnati retirement    11,050       

system for the year of service or the amount that would have been  11,052       

contributed by the employer for the year of service had the                     

member been a member of the state highway patrol retirement        11,053       

system, with interest on that amount from the last day of the      11,056       

year for which the service credit was earned or in which military  11,057       

service was purchased or obtained to the date the payment is       11,058       

made.                                                                           

      (C)  If a member who is not a current contributor and has    11,060       

not received a refund of accumulated contributions elects to       11,063       

receive credit under section 145.295, 3307.412 3307.761, or        11,064       

3309.351 of the Revised Code for service for which the member      11,066       

contributed to the state highway patrol retirement system and      11,068       

credit purchased for service in the armed forces of the United     11,069       

States, the state highway patrol retirement system shall transfer  11,070       

to the appropriate retirement system the amount specified in       11,072       

division (A) of section 145.295, division (A) of section 3307.412  11,073       

3307.761, or division (A) of section 3309.351 of the Revised       11,075       

Code.                                                              11,076       

      (D)(1)  A member is ineligible to purchase or otherwise      11,078       

receive credit under this section for service that is used in the  11,079       

calculation of any retirement benefit currently being paid or      11,080       

                                                          234    


                                                                 
that is payable in the future to the member, or service rendered   11,081       

concurrently with any other period for which service credit has    11,082       

already been granted.                                              11,083       

      (2)  Except as provided under division (D)(3) of this        11,085       

section, no service credit purchased under this section or         11,086       

received as a result of a transfer requested under this section    11,087       

shall be used to determine any member's eligibility for            11,088       

retirement under sections 5505.16 and 5505.17 of the Revised       11,089       

Code.                                                                           

      (3)  Service credit obtained under this section by a member  11,091       

for credit purchased for service in the armed forces of the        11,092       

United States or for service as a state highway patrol cadet       11,094       

attending training school pursuant to section 5503.05 of the       11,095       

Revised Code shall be used to determine the member's eligibility   11,097       

for retirement under sections 5505.16 and 5505.17 of the Revised   11,098       

Code.                                                                           

      (4)  Subject to rules of the state highway patrol            11,100       

retirement system, a member may choose to purchase only part of    11,101       

the credit the member is eligible to purchase under division       11,102       

(B)(1) or (3) of this section.                                     11,104       

      (E)  At the request of the state highway patrol retirement   11,106       

system, the public employees retirement system, school employees   11,107       

retirement system, state teachers retirement system, or            11,108       

Cincinnati retirement system shall certify to the state highway    11,110       

patrol retirement system a copy of the records of service,         11,111       

salary, and contributions of a member who seeks service credit     11,112       

under this section.                                                             

      Interest charged under this section shall be calculated      11,115       

separately for each year of service credit at the lesser of the    11,116       

actuarial assumption rate for that year of the state highway       11,117       

patrol retirement system or of the retirement system in which the  11,118       

credit was earned.  The interest shall be compounded annually.     11,119       

      The state highway patrol retirement system board may adopt   11,121       

rules establishing procedures for the purchase of service credit   11,123       

                                                          235    


                                                                 
or the transfer of contributions under this section.               11,124       

      Section 2.  That existing sections 145.28, 145.293,          11,126       

145.301, 145.311, 145.312, 145.35, 145.37, 145.38, 145.45,         11,127       

171.04, 742.26, 742.379, 2329.66, 3305.01, 3305.06, 3307.01,       11,128       

3307.013, 3307.02, 3307.021, 3307.022, 3307.05, 3307.07, 3307.08,  11,129       

3307.09, 3307.10, 3307.11, 3307.111, 3307.14, 3307.15, 3307.19,    11,131       

3307.20, 3307.201, 3307.21, 3307.22, 3307.26, 3307.27, 3307.28,    11,132       

3307.281, 3307.282, 3307.283, 3307.29, 3307.30, 3307.31,           11,134       

3307.311, 3307.32, 3307.33, 3307.35, 3307.36, 3307.371, 3307.38,   11,135       

3307.381, 3307.382, 3307.383, 3307.384, 3307.39, 3307.40,          11,136       

3307.401, 3307.402, 3307.403, 3307.404, 3307.405, 3307.406,        11,137       

3307.407, 3307.408, 3307.409, 3307.4010, 3307.4011, 3307.4012,     11,138       

3307.4013, 3307.41, 3307.411, 3307.412, 3307.42, 3307.421,         11,139       

3307.43, 3307.431, 3307.44, 3307.46, 3307.47, 3307.48, 3307.49,    11,140       

3307.50, 3307.51, 3307.511, 3307.512, 3307.515, 3307.53, 3307.56,  11,141       

3307.58, 3307.59, 3307.60, 3307.61, 3307.62, 3307.63, 3307.64,     11,142       

3307.65, 3307.651, 3307.66, 3307.68, 3307.69, 3307.70, 3307.71,    11,143       

3307.711, 3307.712, 3307.72, 3307.73, 3307.74, 3307.741, 3307.75,  11,144       

3307.751, 3307.78, 3307.80, 3309.021, 3309.261, 3309.262,          11,145       

3309.301, 3309.31, 3309.341, 3309.35, 3309.39, 3309.45, 3313.975,  11,146       

3317.011, 3317.13, 3319.08, 5101.181, 5505.161, and 5505.202 and   11,147       

sections 3307.012, 3307.34, 3307.37, 3307.513, and 3307.514 of     11,148       

the Revised Code are hereby repealed.                                           

      Section 3.  That sections 3307.21 and 5101.181 of the        11,150       

Revised Code, as amended by H.B. 471 of the 123rd General          11,151       

Assembly, be amended and that section 3307.21 (3307.20) of the     11,152       

Revised Code, as amended by H.B. 471 of the 123rd General          11,153       

Assembly, be amended for the purpose of adopting a new section     11,154       

number as indicated in parentheses, to read as follows:            11,155       

      Sec. 3307.21 3307.20.  (A)  The treasurer of state shall     11,164       

furnish annually to the state teachers retirement board a sworn    11,166       

statement of the amount of the funds in the treasurer's custody    11,167       

belonging to the state teachers retirement system.                 11,168       

      (B)(1)  As used in this division, "personal SECTION:         11,170       

                                                          236    


                                                                 
      (1)  "PERSONAL history record" means information maintained  11,173       

by the STATE TEACHERS RETIREMENT board on a member, former         11,174       

member, contributor, former contributor, retirant, or beneficiary  11,175       

that includes the address, telephone number, social security       11,176       

number, record of contributions, correspondence with the STATE     11,177       

TEACHERS RETIREMENT system, or other information the board         11,179       

determines to be confidential.                                                  

      (2)  "RETIRANT" HAS THE SAME MEANING AS IN SECTION 3307.50   11,181       

OF THE REVISED CODE.                                                            

      (B)  The records of the board shall be open to public        11,183       

inspection, except for the following, which shall be excluded,     11,184       

except with the written authorization of the individual            11,185       

concerned:                                                         11,186       

      (a)(1)  The individual's personal records provided for in    11,188       

section 3307.29 3307.23 of the Revised Code;                       11,189       

      (b)(2)  The individual's personal history record;            11,191       

      (c)(3)  Any information identifying, by name and address,    11,193       

the amount of a monthly allowance or benefit paid to the           11,194       

individual.                                                                     

      (C)  All medical reports and recommendations under sections  11,196       

3307.42 3307.62, 3307.44 3307.64, and 3307.49 3307.66 of the       11,198       

Revised Code are privileged, except that copies of such medical    11,199       

reports or recommendations shall be made available to the          11,200       

personal physician, attorney, or authorized agent of the           11,201       

individual concerned upon written release received from the        11,202       

individual or the individual's agent, or, when necessary for the   11,203       

proper administration of the fund, to the board assigned           11,204       

physician.                                                                      

      (D)  Any person who is a member or contributor of the        11,206       

system shall be furnished, on written request, with a statement    11,208       

of the amount to the credit of the person's account.  The board    11,209       

need not answer more than one request of a person in any one       11,210       

year.                                                                           

      (E)  Notwithstanding the exceptions to public inspection in  11,212       

                                                          237    


                                                                 
division (B)(2) of this section, the board may furnish the         11,213       

following information:                                             11,214       

      (1)  If a member, former member, retirant, contributor, or   11,216       

former contributor is subject to an order issued under section     11,217       

2907.15 of the Revised Code or is convicted of or pleads guilty    11,218       

to a violation of section 2921.41 of the Revised Code, on written  11,219       

request of a prosecutor as defined in section 2935.01 of the       11,220       

Revised Code, the board shall furnish to the prosecutor the        11,221       

information requested from the individual's personal history       11,222       

record.                                                            11,223       

      (2)  Pursuant to a court or administrative order issued      11,225       

under section 3111.23 or 3113.21 of the Revised Code, the board    11,226       

shall furnish to a court or child support enforcement agency the   11,227       

information required under that section.                           11,228       

      (3)  At the written request of any person, the board shall   11,230       

provide to the person a list of the names and addresses of         11,231       

members, former members, retirants, contributors, former           11,232       

contributors, or beneficiaries.  The costs of compiling, copying,  11,233       

and mailing the list shall be paid by such person.                 11,234       

      (4)  Within fourteen days after receiving from the director  11,236       

of job and family services a list of the names and social          11,237       

security numbers of recipients of public assistance pursuant to    11,238       

section 5101.181 of the Revised Code, the board shall inform the   11,239       

auditor of state of the name, current or most recent employer      11,240       

address, and social security number of each member whose name and  11,241       

social security number are the same as that of a person whose      11,242       

name or social security number was submitted by the director.      11,243       

The board and its employees shall, except for purposes of          11,244       

furnishing the auditor of state with information required by this  11,245       

section, preserve the confidentiality of recipients of public      11,246       

assistance in compliance with division (A) of section 5101.181 of  11,247       

the Revised Code.                                                               

      (F)  A statement that contains information obtained from     11,249       

the system's records that is signed by an officer of the           11,250       

                                                          238    


                                                                 
retirement system and to which the system's official seal is       11,251       

affixed, or copies of the system's records to which the signature  11,252       

and seal are attached, shall be received as true copies of the     11,253       

system's records in any court or before any officer of this        11,254       

state.                                                             11,255       

      Sec. 5101.181.  (A)  As used in this section and section     11,264       

5101.182 of the Revised Code, "public assistance" includes, in     11,265       

addition to Ohio works first; prevention, retention, and           11,266       

contingency; medicaid; and disability assistance, general          11,268       

assistance provided prior to July 17, 1995, under former Chapter   11,270       

5113. of the Revised Code.                                         11,271       

      (B)  As part of the procedure for the determination of       11,274       

overpayment to a recipient of public assistance under Chapter      11,275       

5107., 5108., 5111., or 5115. of the Revised Code, the director    11,276       

of job and family services shall furnish quarterly the name and    11,277       

social security number of each individual who receives public                   

assistance to the director of administrative services, the         11,278       

administrator of the bureau of workers' compensation, and each of  11,279       

the state's retirement boards.  Within fourteen days after         11,280       

receiving the name and social security number of an individual     11,281       

who receives public assistance, the director of administrative     11,282       

services, administrator, or board shall inform the auditor of      11,283       

state as to whether such individual is receiving wages or          11,284       

benefits, the amount of any wages or benefits being received, the  11,285       

social security number, and the address of the individual.  The    11,286       

director of administrative services, administrator, boards, and    11,287       

any agent or employee of those officials and boards shall comply   11,288       

with the rules of the director of job and family services          11,290       

restricting the disclosure of information regarding recipients of  11,291       

public assistance.  Any person who violates this provision shall   11,292       

thereafter be disqualified from acting as an agent or employee or  11,293       

in any other capacity under appointment or employment of any       11,294       

state board, commission, or agency.                                11,295       

      (C)  The auditor of state may enter into a reciprocal        11,297       

                                                          239    


                                                                 
agreement with the director of job and family services or          11,298       

comparable officer of any other state for the exchange of names,   11,300       

current or most recent addresses, or social security numbers of    11,301       

persons receiving public assistance under Title IV-A or under      11,303       

Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42    11,304       

U.S.C. 301, as amended.                                            11,305       

      (D)(1)  The auditor of state shall retain, for not less      11,307       

than two years, at least one copy of all information received      11,309       

under this section and sections 145.27, 742.41, 3307.21 3307.20,   11,310       

3309.22, 4123.27, 5101.182, and 5505.04 of the Revised Code.  The  11,312       

auditor shall review the information to determine whether                       

overpayments were made to recipients of public assistance under    11,314       

Chapters 5107., 5108., 5111., and 5115. of the Revised Code.  The  11,315       

auditor of state shall initiate action leading to prosecution,     11,316       

where warranted, of recipients who received overpayments by        11,317       

forwarding the name of each recipient who received overpayment,    11,318       

together with other pertinent information, to the director of job  11,319       

and family services and the attorney general, to the district      11,321       

director of job and family services of the district through which  11,323       

public assistance was received, and to the county director of job  11,324       

and family services and county prosecutor of the county through    11,326       

which public assistance was received.                                           

      (2)  The auditor of state and the attorney general or their  11,328       

designees may examine any records, whether in computer or printed  11,329       

format, in the possession of the director of job and family        11,331       

services or any county director of job and family services.  They  11,332       

shall provide safeguards which restrict access to such records to  11,334       

purposes directly connected with an audit or investigation,        11,335       

prosecution, or criminal or civil proceeding conducted in          11,336       

connection with the administration of the programs and shall       11,337       

comply with the rules of the director of job and family services   11,339       

restricting the disclosure of information regarding recipients of  11,340       

public assistance.  Any person who violates this provision shall   11,341       

thereafter be disqualified from acting as an agent or employee or  11,342       

                                                          240    


                                                                 
in any other capacity under appointment or employment of any       11,343       

state board, commission, or agency.                                11,344       

      (3)  Costs incurred by the auditor of state in carrying out  11,346       

the auditor of state's duties under this division shall be borne   11,348       

by the auditor of state.                                           11,349       

      Section 4.  That all existing versions of sections 3307.21   11,351       

and 5101.181 of the Revised Code are hereby repealed.              11,352       

      Section 5.  Sections 3 and 4 of this act shall take effect   11,354       

on July 1, 2000.                                                                

      Section 6.  The State Teachers Retirement Board shall        11,356       

recalculate under section 3307.58, 3307.59, or 3307.631 of the     11,357       

Revised Code, as amended by this act, a benefit that is payable    11,358       

under those sections or section 3307.60 of the Revised Code and    11,359       

became effective on or after July 1, 1999, but before the          11,360       

effective date of this act.  If the recalculated benefit is        11,361       

greater than the recipient's benefit prior to the recalculation,   11,362       

the board shall do both of the following:                          11,363       

      (A)  Pay the recalculated benefit;                           11,365       

      (B)  Make a one-time payment to the recipient equal to the   11,367       

difference between the benefits paid to the recipient between      11,368       

July 1, 1999, and the date of the payment and the increased        11,369       

benefits that would have been paid to the recipient had the        11,370       

amendments to sections 3307.58, 3307.59, and 3307.631 of the       11,371       

Revised Code gone into effect on July 1, 1999.                     11,372       

      Section 7.  As used in this section, "eligible recipient"    11,374       

has the same meaning as in section 3307.6913 of the Revised Code.  11,375       

      The State Teachers Retirement Board shall make a one-time    11,377       

payment to each eligible recipient whose benefit is increased      11,378       

under section 3307.6913 or 3307.6914 of the Revised Code, as       11,379       

enacted by this act.  The payment shall equal the difference       11,380       

between the benefits paid to the recipient between July 1, 1999,   11,381       

and the date of the payment and the increased benefits that would  11,382       

have been paid to the recipient had those sections gone into       11,383       

effect on July 1, 1999.                                                         

                                                          241    


                                                                 
      Section 8.  Section 3307.21 of the Revised Code is           11,385       

presented in Section 1 of this act as a composite of the section   11,387       

as amended by both Am. Sub. H.B. 627 and Am. Sub. H.B. 668 of the  11,388       

121st General Assembly, with the new language of neither of the    11,390       

acts shown in capital letters.  This is in recognition of the      11,391       

principle stated in division (B) of section 1.52 of the Revised    11,392       

Code that such amendments are to be harmonized where not           11,393       

substantively irreconcilable and constitutes a legislative         11,394       

finding that such is the resulting version in effect prior to the  11,395       

effective date of this act.