(a) Army, navy, air force, marine corps, coast guard, | 15 |
auxiliary corps as
established by congress, red cross nurse | 16 |
serving with the army, navy, air
force, or hospital service of the | 17 |
United States, army nurse corps, navy nurse
corps, full-time | 18 |
service with the American red cross in a combat zone, and
such | 19 |
other service as may be designated by congress as included | 20 |
therein; | 21 |
(B) Upon reemployment in the public service and completion of | 34 |
one year of
service credit as covered by a state retirement system | 35 |
or the Cincinnati
retirement system, within two years after | 36 |
service in the armed forces
that is terminated in a manner other | 37 |
than as described in section 4304 of
Title 38 of the United States | 38 |
Code, "Uniformed Services Employment and
Reemployment Rights Act | 39 |
of 1994," 108 Stat. 3149, 38 U.S.C.A. 4304, and
presentation of | 40 |
documentation of the service and subject to rules adopted by
the | 41 |
retirement board, any member of the public employees retirement | 42 |
system who
was a member with not less than one year of payroll | 43 |
deductions before entering
active duty with the armed forces and | 44 |
maintained membership in the public
employees retirement system as | 45 |
provided by section 145.41 of the Revised Code,
and who was or is | 46 |
out of active service as a public employee by reason of
having | 47 |
become a member of the armed forces of the United States on active | 48 |
duty
or service shall have such service, not in excess of ten | 49 |
years,
considered as the equivalent of prior service.
Service in | 50 |
the armed forces as
established by documentation of the service, | 51 |
not in excess of ten years, shall
also be considered prior service | 52 |
for a person who was a public employee and
who has acquired | 53 |
service credit for five years prior to, and within the one
year | 54 |
preceding, the date of entering on active duty in the armed forces | 55 |
of the
United States if such person was reemployed in the public | 56 |
service within one
year after service in the armed forces that
is | 57 |
terminated in a manner
other than as described in section 4304 of | 58 |
Title 38 of the United States Code,
"Uniformed Services Employment | 59 |
and Reemployment Rights Act of 1994," 108 Stat.
3149, 38 U.S.C.A. | 60 |
4304, and established total service credit as defined in
section | 61 |
145.01 of the Revised Code of twenty years exclusive of credit for | 62 |
service in
the uniformed
services, as defined in section 145.302 | 63 |
of the Revised Code. This
division shall not serve to cancel any | 64 |
military service credit
earned or granted prior to November 1, | 65 |
1965. | 66 |
(C) A member of the public employees retirement system is | 67 |
ineligible to
receive service credit under this section for any | 68 |
year of military service
credit used in the calculation of any | 69 |
retirement benefit currently being paid
to the member or payable | 70 |
in the future under any other retirement program,
except social | 71 |
security, or used to obtain service credit pursuant to section | 72 |
145.301 or 145.302 of the Revised Code. At the time such credit is | 73 |
requested,
the member shall certify on a form supplied by the | 74 |
retirement board that the
member does and will conform to this | 75 |
requirement. This division does not
cancel any military service | 76 |
credit earned prior to March 15, 1979. | 77 |
(a) Army, navy, air force, marine corps, coast guard, | 81 |
auxiliary corps as established by congress, red cross nurse | 82 |
serving with the army, navy, air force, or hospital service of the | 83 |
United States, army nurse corps, navy nurse corps, full-time | 84 |
service with the American red cross in a combat zone, and such | 85 |
other service as may be designated by congress as included | 86 |
therein; | 87 |
(B) A member may purchase service credit
that shall be | 98 |
considered as the equivalent of Ohio service for
each year or | 99 |
portion of a year of service incurred by reason of having been on | 100 |
active
duty as a member of the armed forces of the United States, | 101 |
as
defined in section 145.30 of the Revised Codea member of the | 102 |
reserves, or a member of the Ohio national guard on presentation | 103 |
of documentation of the service and subject to public employees | 104 |
retirement board rules. TheFor purposes of this section, active | 105 |
duty in the reserves or the Ohio national guard includes assembly | 106 |
for drill and instruction; training at encampments, maneuvers, | 107 |
outdoor target practice, or other exercises; and any training or | 108 |
duty in this state ordered by the governor. | 109 |
(C) A member may purchase service credit that shall be | 121 |
considered as the equivalent of Ohio service for each year of | 122 |
service such member was a prisoner of war. The number of years | 123 |
purchased under this division shall not exceed five. Service | 124 |
credit may be purchased under this division for the same years of | 125 |
service used to purchase service credit under division (A)(B) of | 126 |
this section. The member may choose to purchase only part of
such | 127 |
credit in any one payment, subject to board rules. | 128 |
(2) If the service credit is for active duty in the reserves | 142 |
or Ohio national guard that consists of assembly for drill and | 143 |
instruction; training at encampments, maneuvers, outdoor target | 144 |
practice, or other exercises; or any training or duty in this | 145 |
state ordered by the governor, one hundred per cent of the | 146 |
additional liability resulting from the purchase of that year of | 147 |
service as determined by an actuary employed by the board. The | 148 |
retirement system shall calculate the number of years or portions | 149 |
of a year of credit the member is eligible to purchase under | 150 |
division (E)(2) of this section by dividing the number of days | 151 |
actually served by three hundred sixty-five. | 152 |
(F)(G) A member who, on March 17, 2000, is
purchasing service | 167 |
credit under this section
by making installment payments to the | 168 |
system or by a payroll
deduction plan authorized under section | 169 |
145.294 of the Revised
Code may elect, on a form provided by the | 170 |
board, to have a portion of the cost
of the service credit | 171 |
recalculated under
division (D)(E) of this section as amended by | 172 |
House
Bill 186 of the 123rd general assembly. The
recalculation | 173 |
shall apply only to the amount still owed by the member as of
the | 174 |
date the election
is filed with the board. | 175 |
(G)(H) Credit purchased under this section may be combined | 189 |
pursuant to section 145.37 with credit for military service | 190 |
purchased under sections 3307.751 and 3309.021,
except that not | 191 |
more than an aggregate total of five years of credit purchased | 192 |
under division (A)(B) of this section, division (A) of section | 193 |
3307.751, and division (A) of section 3309.021, and
not more than | 194 |
an aggregate total of five years of credit purchased under | 195 |
division (B)(C) of this section, division (B) of section
3307.751, | 196 |
and division (B) of section 3309.021 shall be used in determining | 197 |
retirement eligibility or calculating benefits under section | 198 |
145.37 of the Revised Code. | 199 |
Sec. 3307.751. (A) A member participating in the
plan | 200 |
described in sections 3307.50 to 3307.79 of the Revised Code may | 201 |
purchase
service
credit
that shall be considered as the equivalent | 202 |
of Ohio service for
each year or portion of a year of service | 203 |
incurred by reason of having been on active
duty as a member of | 204 |
the armed forces of the United States, as
defined in section | 205 |
3307.75 of the Revised Code. TheFor purposes of this section, | 206 |
active duty in the reserves or the Ohio national guard includes | 207 |
assembly for drill and instruction; training at encampments, | 208 |
maneuvers, outdoor target practice, or other exercises; and any | 209 |
training or duty in this state ordered by the governor. | 210 |
(D)(1) Except as otherwise provided in division (D)(2) or (3) | 231 |
of
this section, for each year or portion of a year of service | 232 |
purchased under division
(A) or (B) of this section, the member | 233 |
shall pay to the state
teachers retirement system for credit to | 234 |
the member's
accumulated account
an amount determined by the | 235 |
member rate of contribution in effect
at the time the military | 236 |
service began multiplied by the
member's annual
compensation for | 237 |
full-time employment during the first year of
service in Ohio | 238 |
following termination of military service. If,
however, a limit on | 239 |
maximum salary or maximum contribution was in
effect at the time | 240 |
the military service began, the limit shall be
applied to the | 241 |
salary received during the first year of service
in Ohio to | 242 |
calculate the amount of payment. To this amount shall
be added an | 243 |
amount equal to compound interest at a rate
established by the | 244 |
state teachers retirement board from the date
active military | 245 |
service terminated to date of payment. | 246 |
(2) For each year of service purchased under division (A)
or | 247 |
(B) of this section for military service that commenced on or | 248 |
after July 1, 1989, and, without regard to when the military | 249 |
service commenced, for each year of service purchased under | 250 |
division (A) or (B) of this section by a member who first | 251 |
established membership in the retirement system on or after July | 252 |
1, 1989, the member shall pay to the retirement system for credit | 253 |
to the member's individual account an amount specified by
the | 254 |
state
teachers retirement board that shall be not less than fifty | 255 |
per
cent of the additional liability resulting from the purchase | 256 |
of
that year of service as determined by an actuary employed by | 257 |
the
board. | 258 |
(3) For each year or portion of a year of service in the | 259 |
reserves or Ohio national guard purchased under division (A) of | 260 |
this section that consists of assembly for drill and instruction; | 261 |
training at encampments, maneuvers, outdoor target practice, or | 262 |
other exercises; or any training or duty in this state ordered by | 263 |
the governor, the member shall pay to the retirement system for | 264 |
credit to the member's individual account an amount specified by | 265 |
the state teachers retirement board that shall not be less than | 266 |
one hundred per cent of the additional liability resulting from | 267 |
the purchase of that year of service as determined by an actuary | 268 |
employed by the board. The retirement system shall calculate the | 269 |
number of years or portions of a year of credit the member is | 270 |
eligible to purchase under division (D)(3) of this section by | 271 |
dividing the number of days actually served by three hundred | 272 |
sixty-five. | 273 |
(F) Credit purchased under this section may be combined | 292 |
pursuant to section 3307.57 of the Revised Code with
credit for | 293 |
military service purchased under sections 145.301 and 3309.021 of | 294 |
the Revised Code, except that not more than a total of five years | 295 |
of credit purchased under division (A) of this section, division | 296 |
(A)(B) of section 145.301, and division (A) of section 3309.021 | 297 |
and
not more than a total of five years of credit purchased under | 298 |
division (B) of this section, division (B)(C) of section 145.301, | 299 |
and division (B) of section 3309.021 of the Revised Code shall be | 300 |
used in determining retirement eligibility or calculating
benefits | 301 |
under section 3307.57 of the Revised Code. | 302 |
Sec. 3309.021. (A) A member may purchase service credit
that | 303 |
shall be considered as the equivalent of Ohio service for
each | 304 |
year or portion of a year of service incurred by reason of having | 305 |
been on active
duty as a member of the armed forces of the United | 306 |
States, as
defined in section 3309.02 of the Revised Code. AllFor | 307 |
purposes of this section, active duty in the reserves or the Ohio | 308 |
national guard includes assembly for drill and instruction; | 309 |
training at encampments, maneuvers, outdoor target practice, or | 310 |
other exercises; and any training or duty in this state ordered by | 311 |
the governor. | 312 |
A member may purchase service credit that shall be
considered | 322 |
as the equivalent of Ohio service for each year of
service such | 323 |
member was a prisoner of war. The number of years
purchased under | 324 |
this division shall not exceed five. Service
credit may be | 325 |
purchased under this division for the same years of
service used | 326 |
to purchase service credit under division (A) of
this section. The | 327 |
member may choose to purchase only part of
such credit in any one | 328 |
payment, subject to board rules. | 329 |
(D) For(1) Except as provided in division (D)(2) of this | 333 |
section, for each year or portion of a year of service purchased | 334 |
under division (A)
or (B) of this section, the member shall pay to | 335 |
the school
employees retirement system for credit to the member's | 336 |
accumulated account
an amount determined by the member rate of | 337 |
contribution in effect
at the time the military service began | 338 |
multiplied by the annual
compensation for full-time employment | 339 |
during the first year of
service covered by the school employees | 340 |
retirement system,
public employees retirement system, or state | 341 |
teachers retirement system
following termination of military | 342 |
service. If,
however, a limit on maximum salary or maximum | 343 |
contribution was in
effect at the time the military service began, | 344 |
the limit shall be
applied to the salary received during the first | 345 |
year of service
in Ohio to calculate the amount of payment. To | 346 |
this amount shall
be added an amount equal to compound interest at | 347 |
a rate
established by the school employees retirement board from | 348 |
the
date of the member's first service covered by the school | 349 |
employees retirement system, public employees retirement system, | 350 |
or state
teachers retirement system following termination of the | 351 |
military service
to date of payment. | 352 |
(2) For each year or portion of a year of service in the | 353 |
reserves or Ohio national guard purchased under division (A) of | 354 |
this section that consists of assembly for drill and instruction; | 355 |
training at encampments, maneuvers, outdoor target practice, or | 356 |
other exercises; or any training or duty in this state ordered by | 357 |
the governor, the member shall pay to the retirement system for | 358 |
credit to the member's individual account an amount specified by | 359 |
the school employees retirement board that shall not be less than | 360 |
one hundred per cent of the additional liability resulting from | 361 |
the purchase of that year of service as determined by an actuary | 362 |
employed by the board. The retirement system shall calculate the | 363 |
number of years or portions of a year of credit the member is | 364 |
eligible to purchase under division (D)(2) of this section by | 365 |
dividing the number of days actually served by three hundred | 366 |
sixty-five. | 367 |
(F) Credit purchased under this section may be combined | 383 |
pursuant to section 3309.35 of the Revised Code with credit for | 384 |
military service purchased under sections 145.301 and
3307.751 of | 385 |
the Revised Code, except that not more than an aggregate total of | 386 |
five years of credit purchased under division (A) of this
section, | 387 |
division (A)(B) of section 145.301, and division (A) of
section | 388 |
3307.751 of the Revised Code, and not more
than an
aggregate total | 389 |
of five years of credit purchased under division
(B) of this | 390 |
section, division (B)(C) of section 145.301, and
division (B) of | 391 |
section 3307.751 of the Revised Code
shall be
used in determining | 392 |
retirement eligibility or calculating
benefits under section | 393 |
3309.35 of the Revised Code. | 394 |
Sec. 5505.25. (A) A member of the state highway patrol | 395 |
retirement system who is not receiving a
pension from the system | 396 |
may purchase service credit for each year or portion of a year
of | 397 |
service incurred by reason of having been on active duty as a | 398 |
member of the uniformed services of the United
States if the | 399 |
member is
honorably discharged. For purposes of this section, | 400 |
active duty in the reserves or the Ohio national guard includes | 401 |
assembly for drill and instruction; training at encampments, | 402 |
maneuvers, outdoor target practice, or other exercises; and any | 403 |
training or duty in this state ordered by the governor. | 404 |
(D) For(1) Except as provided in division (D)(2) of this | 429 |
section, for each year or portion of a year of service purchased | 430 |
under division (A)
or (B) of this section, the member shall pay to | 431 |
the system for
credit to the member's accumulated account an | 432 |
amount
determined by the
member rate of contribution in effect at | 433 |
the time the military
service began multiplied by the annual | 434 |
compensation for full-time
employment during the first year of | 435 |
service in Ohio following
termination of military service. To this | 436 |
amount shall be added
an amount equal to compound interest at a | 437 |
rate established by the
state highway patrol retirement board from | 438 |
the date active
military service terminated to date of payment. | 439 |
A(2) For each year or portion of a year of service in the | 440 |
reserves or Ohio national guard purchased under division (A) of | 441 |
this section that consists of assembly for drill and instruction; | 442 |
training at encampments, maneuvers, outdoor target practice, or | 443 |
other exercises; or any training or duty in this state ordered by | 444 |
the governor, the member shall pay to the retirement system for | 445 |
credit to the member's individual account an amount specified by | 446 |
the state highway patrol retirement board that shall not be less | 447 |
than one hundred per cent of the additional liability resulting | 448 |
from the purchase of that year of service as determined by an | 449 |
actuary employed by the board. The retirement system shall | 450 |
calculate the number of years or portions of a year of credit the | 451 |
member is eligible to purchase under division (D)(2) of this | 452 |
section by dividing the number of days actually served by three | 453 |
hundred sixty-five. | 454 |