(1) Any person holding an office, not elective, under the | 15 |
state or any
county, township, municipal corporation, park | 16 |
district, conservancy district,
sanitary district, health | 17 |
district, metropolitan housing authority, state
retirement board, | 18 |
Ohio historical society, public library, county law library,
union | 19 |
cemetery, joint hospital, institutional commissary, state | 20 |
university, or
board, bureau, commission, council, committee, | 21 |
authority, or administrative
body as the same are, or have been, | 22 |
created by action of the general assembly
or by the legislative | 23 |
authority of any of the units of local government named
in | 24 |
division (A)(1) of this section, or employed and
paid in whole or | 25 |
in part by the state or any
of the authorities named in division | 26 |
(A)(1) of this
section in any capacity not covered by
section | 27 |
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code. | 28 |
(3) Any person who is an employee of a public employer, | 36 |
notwithstanding that
the person's compensation for that employment | 37 |
is derived from funds of a
person or entity other than the | 38 |
employer. Credit for such service shall be
included as total | 39 |
service credit, provided that the employee makes the
payments | 40 |
required by this chapter, and the employer makes the payments | 41 |
required by sections 145.48 and 145.51 of the Revised Code. | 42 |
(B) "Member" means any public employee, other than a public | 49 |
employee excluded
or exempted from membership in the retirement | 50 |
system by section 145.03,
145.031, 145.032, 145.033, 145.034, | 51 |
145.035, or 145.38 of the Revised Code.
"Member" includes a PERS | 52 |
retirant who becomes a member under division
(C) of section 145.38 | 53 |
of the Revised Code. "Member" also includes a
disability benefit | 54 |
recipient. | 55 |
(C) "Head of the department" means the elective or
appointive | 56 |
head of the
several executive, judicial, and
administrative | 57 |
departments, institutions,
boards, and commissions
of the state | 58 |
and local government as the same are
created and
defined by the | 59 |
laws of this state or, in case of a charter
government, by that | 60 |
charter. | 61 |
(D) "Employer" or "public employer" means the state or any | 62 |
county, township,
municipal corporation, park district, | 63 |
conservancy district, sanitary district,
health district, | 64 |
metropolitan housing authority, state retirement board, Ohio | 65 |
historical society, public library, county law library, union | 66 |
cemetery, joint
hospital, institutional commissary, state medical | 67 |
college, state university,
or board, bureau, commission, council, | 68 |
committee, authority, or administrative
body as the same are, or | 69 |
have been, created by action of the general assembly
or by the | 70 |
legislative authority of any of the units of local government | 71 |
named
in this division not covered by section 742.01, 3307.01, | 72 |
3309.01, or 5505.01 of the Revised
Code. In addition, "employer" | 73 |
means the employer of any public employee. | 74 |
(E) "Prior service" means all service as a public employee | 75 |
rendered before
January 1, 1935, and all service as an employee of | 76 |
any employer who comes
within the state teachers retirement system | 77 |
or of the school employees
retirement system or of any other | 78 |
retirement system established under the laws
of this state | 79 |
rendered prior to January 1, 1935, provided that if the employee | 80 |
claiming the service was employed in any capacity covered by that | 81 |
other system
after that other system was established, credit for | 82 |
the service may be allowed
by the public employees retirement | 83 |
system only when the employee has made
payment, to be computed on | 84 |
the salary earned from the date of appointment to
the date | 85 |
membership was established in the public employees retirement | 86 |
system,
at the rate in effect at the time of payment, and the | 87 |
employer has made
payment of the corresponding full liability as | 88 |
provided by section 145.44 of
the Revised Code. "Prior service" | 89 |
also means all service credited for active
duty with the armed | 90 |
forces of the United States as provided in section 145.30
of the | 91 |
Revised Code. | 92 |
If an employee who has been granted prior service credit by | 93 |
the public
employees retirement system for service rendered prior | 94 |
to January 1, 1935, as
an employee of a board of education | 95 |
establishes, before retirement, one year
or more of contributing | 96 |
service in the state teachers retirement system or
school | 97 |
employees retirement system, then the prior service ceases to be | 98 |
the
liability of this system. | 99 |
(H)(1) "Total service credit," except as provided in section | 134 |
145.37 of the
Revised Code, means all service credited to a member | 135 |
of the retirement system
since last becoming a member, including | 136 |
restored service credit as provided by
section 145.31 of the | 137 |
Revised Code; credit purchased under sections 145.293
and 145.299 | 138 |
of the Revised Code; all the member's prior service credit; all | 139 |
the member's military service credit computed as provided in this | 140 |
chapter; all
service credit established pursuant to section | 141 |
145.297 of the Revised Code;
and any other service credited under | 142 |
this chapter. In addition, "total
service credit" includes any | 143 |
period, not in excess of three years, during
which a member was | 144 |
out of service and receiving benefits under Chapters 4121.
and | 145 |
4123. of the Revised Code. For the exclusive purpose of
satisfying | 146 |
the
service credit requirement and of determining
eligibility for | 147 |
benefits under
sections 145.32, 145.33, 145.331,
145.35, 145.36, | 148 |
and 145.361 of the Revised
Code, "five or more
years of total | 149 |
service credit" means sixty or more
calendar months
of | 150 |
contributing service in this system. | 151 |
(2) "One and one-half years of contributing service
credit," | 152 |
as used in division (B) of section 145.45 of the Revised
Code, | 153 |
also means eighteen or more calendar months of employment
by a | 154 |
municipal corporation that formerly operated its own
retirement | 155 |
plan for its employees or a part of its employees,
provided that | 156 |
all employees of that municipal retirement plan who have
eighteen | 157 |
or more months of such employment, upon
establishing membership in | 158 |
the public employees retirement
system, shall make a payment of | 159 |
the contributions they would have paid
had they been members of | 160 |
this system for the eighteen months of
employment preceding the | 161 |
date membership was established. When
that payment has been made | 162 |
by all such employee
members, a
corresponding payment shall be | 163 |
paid into the employers'
accumulation fund by that municipal | 164 |
corporation as the employer
of the employees. | 165 |
(3) Where a member also is a member of the state teachers | 166 |
retirement system
or the school employees retirement system, or | 167 |
both, except in cases of
retirement on a combined basis pursuant | 168 |
to section 145.37 of the Revised Code
or as provided in section | 169 |
145.383 of the Revised Code,
service credit for any period shall | 170 |
be credited on the basis of the ratio that
contributions to the | 171 |
public employees retirement system
bear to total
contributions in | 172 |
all state retirement systems. | 173 |
(K)(1) "Final average salary" means the quotient obtained
by | 187 |
dividing by three the sum of the three full calendar years of | 188 |
contributing service in which the member's earnable salary was | 189 |
highest, except that if the member has a partial year of | 190 |
contributing service in the year the member's employment | 191 |
terminates and the member's earnable salary for the partial year | 192 |
is higher
than for any comparable period in the three years, the | 193 |
member's earnable
salary for the partial year shall be substituted | 194 |
for the member's earnable
salary for the comparable period during | 195 |
the three years in which the member's
earnable salary was lowest. | 196 |
(3) For the purpose of calculating benefits payable to a | 202 |
member qualifying for service credit under division (Z) of this | 203 |
section, "final average salary" means the total earnable salary
on | 204 |
which contributions were made divided by the total number of
years | 205 |
during which contributions were made, including any
fraction of a | 206 |
year. If contributions were made for less than
twelve months, | 207 |
"final average salary" means the member's total
earnable salary. | 208 |
(R)(1) Except as otherwise provided in division (R)
of this | 240 |
section, "earnable salary" means
all salary, wages, and other | 241 |
earnings paid to a contributor by reason of
employment in a | 242 |
position covered by the retirement system. The salary, wages,
and | 243 |
other earnings shall be determined prior to determination of the | 244 |
amount
required to be contributed to the employees' savings fund | 245 |
under section 145.47
of the Revised Code and without regard to | 246 |
whether any of the salary, wages, or
other earnings are treated as | 247 |
deferred income for federal income tax
purposes. "Earnable
salary" | 248 |
includes the following: | 249 |
(b) Amounts paid by the employer to provide life insurance, | 275 |
sickness,
accident, endowment, health, medical, hospital, dental, | 276 |
or surgical coverage,
or other insurance for the contributor or | 277 |
the contributor's family, or amounts
paid by the employer to the | 278 |
contributor in lieu of providing the insurance; | 279 |
(b) For each month for which the member's earnable salary is | 327 |
less than two
hundred fifty dollars, allow a fraction of a month's | 328 |
credit. The numerator of
this fraction shall be the earnable | 329 |
salary during the month, and the
denominator shall be two hundred | 330 |
fifty dollars, except that if the member's
annual earnable salary | 331 |
is less than six hundred dollars, the member's credit
shall not be | 332 |
reduced below twenty per cent of a year for a calendar year of | 333 |
employment during which the member worked each month.
Division | 334 |
(T)(1)(b) of this section shall not
reduce any credit earned | 335 |
before January 1, 1985. | 336 |
(Y) When a member has been elected or appointed to an
office, | 356 |
the term of
which is two or more years, for which an
annual salary | 357 |
is established, and in
the event that the salary of
the office is | 358 |
increased and the member is denied
the additional
salary by reason | 359 |
of any constitutional provision prohibiting an
increase in salary | 360 |
during a term of office, the member may elect
to have the
amount | 361 |
of the member's contributions calculated upon
the basis of the | 362 |
increased salary for the office. At the member's
request, the | 363 |
board shall
compute the total additional amount the
member would | 364 |
have contributed, or the
amount by which each of the
member's | 365 |
contributions would have increased, had
the member
received the | 366 |
increased salary for the office the member holds. If
the member | 367 |
elects to have the amount by which the member's
contribution would | 368 |
have increased withheld from the member's
salary, the member shall | 369 |
notify the
employer, and the employer
shall make the withholding | 370 |
and transmit it to the
retirement
system. A member who has not | 371 |
elected to have that amount withheld
may elect at any time to make | 372 |
a payment to the retirement system
equal to the
additional amount | 373 |
the member's contribution would
have increased, plus
interest on | 374 |
that contribution, compounded
annually at a rate established by | 375 |
the board and computed from the
date on which the last | 376 |
contribution would have
been withheld from
the member's salary to | 377 |
the date of payment. A member may
make a
payment for part of the | 378 |
period for which the increased
contribution was
not withheld, in | 379 |
which case the interest shall be
computed from the date the
last | 380 |
contribution would have been
withheld for the period for which the | 381 |
payment is made. Upon the
payment of the increased contributions | 382 |
as provided
in this
division, the increased annual salary as | 383 |
provided by law for the
office for the period for which the member | 384 |
paid increased
contributions
thereon shall be used in determining | 385 |
the member's
earnable salary for the
purpose of computing the | 386 |
member's final
average salary. | 387 |
(AA) "Deputy sheriff" means any person who is commissioned | 395 |
and employed as a
full-time peace officer by the sheriff of any | 396 |
county, and has been so employed
since on or before December 31, | 397 |
1965, and whose primary duties are to preserve
the peace, to | 398 |
protect life and property, and to enforce the laws of this
state; | 399 |
any person who is or has been commissioned and employed as a peace | 400 |
officer by the sheriff of any county since January 1, 1966, and | 401 |
who has
received a certificate attesting to the person's | 402 |
satisfactory completion of
the peace officer training school as | 403 |
required by section 109.77 of the Revised
Code and whose primary | 404 |
duties are to preserve the peace, protect life and
property, and | 405 |
enforce the laws of this state; or any person deputized by the | 406 |
sheriff of any county and employed pursuant to section 2301.12 of | 407 |
the Revised
Code as a criminal bailiff or court constable who has | 408 |
received a certificate
attesting to the person's satisfactory | 409 |
completion of the peace officer
training school as required by | 410 |
section 109.77 of the Revised Code and whose
primary duties are to | 411 |
preserve the peace, protect life and property, and
enforce the | 412 |
laws of this state. | 413 |
(BB) "Township constable or police officer in a township | 414 |
police department or
district" means any person who is | 415 |
commissioned and employed as a full-time
peace officer pursuant to | 416 |
Chapter 505. or 509. of the Revised Code, who has
received a | 417 |
certificate attesting to the person's satisfactory completion of | 418 |
the peace officer training school as required by section 109.77 of | 419 |
the Revised
Code, and whose primary duties are to preserve the | 420 |
peace, protect life and
property, and enforce the laws of this | 421 |
state. | 422 |
(WW) Notwithstanding section 2901.01 of the Revised Code, | 516 |
"PERS law enforcement
officer" means a sheriff, deputy sheriff, | 517 |
township constable or police officer
in a township police | 518 |
department or district, drug agent, municipal public safety | 519 |
director, department of public
safety
enforcement agent, natural | 520 |
resources law enforcement staff
officer,
park officer, forest | 521 |
officer, preserve officer,
wildlife
officer, state watercraft | 522 |
officer, park district police officer,
conservancy district | 523 |
officer,
veterans' home police officer,
special police officer for | 524 |
a mental health
institution, special
police officer for an | 525 |
institution for the mentally
retarded and
developmentally | 526 |
disabled, state university law enforcement
officer,
municipal | 527 |
police officer,
house sergeant at arms,
assistant house
sergeant | 528 |
at arms, regional transit authority
police officer, or
state | 529 |
highway patrol police officer. | 530 |
(XX)
"Hamilton county municipal court
bailiff" means a
person | 531 |
appointed by
the clerk of courts of the Hamilton county
municipal | 532 |
court under
division
(A)(3) of section 1901.32 of the
Revised Code | 533 |
who is employed full time as a
bailiff or deputy
bailiff, who has | 534 |
received a certificate attesting to the
person's
satisfactory | 535 |
completion of the peace officer basic training
described in | 536 |
division (D)(1) of section 109.77 of the Revised
Code,
and whose | 537 |
primary duties are to preserve the peace, to
protect
life and | 538 |
property, and to
enforce the laws of this state. | 539 |
Sec. 145.191. (A)
Except as provided in
division (E) of
this | 559 |
section, a public employees
retirement
system
member or | 560 |
contributor who, as of the
last day of the month
immediately | 561 |
preceding the date on which the
public
employees retirement board | 562 |
first establishes
a
PERS defined
contribution
plan, has
less than | 563 |
five
years of
total
service credit is
eligible to make
an election | 564 |
under this
section.
A member or
contributor who is
employed in | 565 |
more than one position subject to
this chapter is
eligible to make | 566 |
only one election. The election
applies to all
positions subject | 567 |
to this chapter. | 568 |
Not later than one hundred eighty days after the day the | 569 |
board
first establishes
a PERS defined contribution plan, an | 570 |
eligible
member
or contributor may elect to
participate in
a
PERS | 571 |
defined
contribution plan. If
a form
evidencing an election is
not
| 572 |
received by the system not
later than the last day of the | 573 |
one-hundred-eighty-day period,
a
member
or contributor
to whom | 574 |
this section applies
is deemed to
have elected to
continue | 575 |
participating in the
PERS defined benefit
plan. | 576 |
(B)(1) Subject to this section and section 145.381 of the | 648 |
Revised Code, a PERS retirant or other
system retirant may be | 649 |
employed by a public employer. If so
employed, the PERS retirant | 650 |
or other system retirant shall
contribute to the public employees | 651 |
retirement system in
accordance
with section 145.47 of the Revised | 652 |
Code, and the
employer shall
make contributions in accordance with | 653 |
section
145.48 of the
Revised Code. | 654 |
(2) A public employer that employs a PERS retirant or
other | 655 |
system retirant, or enters into a contract for services as
an | 656 |
independent contractor with a PERS retirant,
shall notify the | 657 |
retirement board of the employment or contract not
later than the | 658 |
end of the month in which the employment or contract
commences. | 659 |
Any overpayment of benefits to a PERS retirant by the
retirement | 660 |
system resulting from delay or failure of the employer
to give the | 661 |
notice shall be repaid to the retirement system by
the employer. | 662 |
(4)(a) A PERS retirant who has received a retirement | 667 |
allowancebenefit for less than two months when employment subject | 668 |
to
this
section commences shall forfeit the retirement allowance | 669 |
benefit for
any
month the PERS retirant is employed prior to the | 670 |
expiration of the
two-month period. Service and contributions for | 671 |
that period shall
not be included in calculation of any benefits | 672 |
payable to the PERS
retirant, and those contributions shall be | 673 |
refunded on the
retirant's death or termination of the
employment. | 674 |
(b) An other system retirant who has received a retirement | 675 |
allowancebenefit or disability benefit for less than two
months | 676 |
when
employment subject to this section commences shall
forfeit | 677 |
the
retirement allowancebenefit or disability benefit for any | 678 |
month
the
other
system retirant is employed prior to the | 679 |
expiration of the
two-month period. Service
and contributions for | 680 |
that period
shall
not be included in the
calculation of any | 681 |
benefits payable
to the
other system retirant,
and those | 682 |
contributions shall be
refunded on
the retirant's
death or | 683 |
termination of the employment. | 684 |
(5) On receipt of notice from the Ohio police and
fire | 689 |
pension fund, school employees retirement
system,
or state | 690 |
teachers retirement system of the re-employment of a
PERS | 691 |
retirant, the public employees retirement system shall not pay,
or | 692 |
if paid, shall recover, the amount to be forfeited by the PERS | 693 |
retirant in accordance with section 742.26, 3307.35,
or 3309.341 | 694 |
of the Revised Code. | 695 |
(6) A PERS retirant who, less than one hundred eighty days | 696 |
after the retirement benefit commences, returns to employment in | 697 |
the same position or a position in which the duties are the same | 698 |
or substantially equivalent with the public employer by which the | 699 |
retirant was employed at the time of retirement shall forfeit the | 700 |
pension portion of the retirement benefit for the period beginning | 701 |
on the day on which the employment commences and ending on the | 702 |
first day of the month following the month in which the employment | 703 |
ends. The annuity portion of the retirement benefit shall be | 704 |
suspended on the day the employment under this section commences | 705 |
and shall accumulate to the credit of the retirant to be paid in a | 706 |
single payment following termination of the employment. | 707 |
(7) A PERS retirant who enters into a contract to provide | 716 |
services as an independent contractor to the employer by which
the | 717 |
retirant was employed at the time of retirement or, less
than two | 718 |
months after the retirement allowancebenefit commences, begins | 719 |
providing
services as an independent contractor pursuant to a | 720 |
contract with
another public employer, shall forfeit the pension | 721 |
portion of
the
retirement benefit for the period beginning the | 722 |
first day of the
month following the month in which the services | 723 |
begin and ending
on the first day of the month following the month | 724 |
in which the
services end. The annuity portion of the retirement | 725 |
allowancebenefit
shall be suspended on the day services under the | 726 |
contract begin
and shall accumulate to the credit of the retirant | 727 |
to be paid in
a
single payment after services provided under the | 728 |
contract
terminate. A PERS retirant subject to division (B)(6)(7) | 729 |
of this
section shall not contribute to the retirement system and | 730 |
shall
not become a member of the system. | 731 |
(2) A PERS retirant who is subject to this division is a | 750 |
member of the public employees retirement system with all the | 751 |
rights,
privileges, and obligations of membership, except that the | 752 |
membership does
not include survivor benefits provided pursuant to | 753 |
section 145.45 of the
Revised Code or, beginning on the ninetieth | 754 |
day after September 14, 2000, any amount
calculated under section | 755 |
145.401 of the Revised
Code. The pension portion of the PERS | 756 |
retirant's retirement
allowance shall be forfeited until the first | 757 |
day of the first month following
termination of the employment. | 758 |
The annuity portion of the retirement
allowance shall accumulate | 759 |
to the credit of the
PERS retirant to
be paid in a single payment | 760 |
after termination of the employment.
The retirement allowance | 761 |
shall resume on the first day of the
first month following | 762 |
termination of the employment. On
termination of the employment, | 763 |
the PERS retirant shall elect to
receive either a refund of the | 764 |
retirant's contributions to
the retirement
system during the | 765 |
period of employment subject to this section or
a supplemental | 766 |
retirement allowance based on the retirant's
contributions and | 767 |
service credit for that period of employment. | 768 |
(a) A PERS retirant elected to office who, at the time of
the | 770 |
election for the retirant's current term, was not retired but,
not | 771 |
less than ninety days prior to the primary election for the term | 772 |
or the date on which a primary for the term would have been held, | 773 |
filed a written declaration of intent to retire before the end of | 774 |
the term with the director of the board of elections of the county | 775 |
in which
petitions for nomination or election to the office are | 776 |
filed; | 777 |
(D)(1) Except as provided in division (C) of this
section,
a | 785 |
A PERS
retirant or other system retirant subject to
this section | 786 |
is not
a member of the public employees
retirement system, and, | 787 |
except as
specified in this section does not
have any of the | 788 |
rights,
privileges, or
obligations of membership. Except as | 789 |
specified in
division
(D)(C)(2) of this
section, the retirant is | 790 |
not
eligible to
receive health, medical,
hospital, or surgical | 791 |
benefits under
section 145.58 of the Revised Code for employment | 792 |
subject to this
section. | 793 |
(2) A PERS retirant subject to this
section shall receive | 794 |
primary health, medical,
hospital, or surgical insurance coverage | 795 |
from the retirant's employer, if the
employer provides coverage to | 796 |
other employees performing
comparable work. Neither the employer | 797 |
nor the PERS retirant may
waive the employer's coverage, except | 798 |
that the PERS retirant may
waive the employer's coverage if the | 799 |
retirant has coverage comparable to
that provided by the employer | 800 |
from a source other than the
employer or the public employees | 801 |
retirement system. If a claim
is made, the employer's coverage | 802 |
shall be the primary coverage
and shall pay first. The benefits | 803 |
provided under section 145.58
of the Revised Code shall pay only | 804 |
those medical expenses not
paid through the employer's coverage or | 805 |
coverage the PERS
retirant receives through a source other than | 806 |
the retirement
system. | 807 |
(E)(D) If the disability benefit of an other system retirant | 808 |
employed under this section is terminated, the retirant shall | 809 |
become a member of the public employees retirement system and | 810 |
participate in the PERS defined benefit plan,
effective on
the | 811 |
first day of the month next following the
termination with
all the | 812 |
rights, privileges, and obligations of
membership. If
such person, | 813 |
after the termination of the
disability benefit,
earns two years | 814 |
of service credit under this
systemthe PERS defined benefit plan | 815 |
or under the
Ohio police and fire
pension fund, state
teachers | 816 |
retirement system, school employees retirement system, or
state | 817 |
highway patrol retirement system, the person's prior
contributions | 818 |
as an
other system retirant under this section shall
be included | 819 |
in the person's
total service credit as a public
employees | 820 |
retirement system
member, and the person shall forfeit
all rights | 821 |
and benefits of this
section. Not more than one year
of credit may | 822 |
be given for any
period of twelve months. | 823 |
(B)(1) An other system retirant or PERS retirant who has
made | 840 |
contributions under section 145.38 or 145.383 of the Revised
Code | 841 |
or, in the case of a retirant described in division (A)(2) of
this | 842 |
section, section 145.47 of the Revised Code may file an | 843 |
application with the public employees retirement
system to receive | 844 |
either a
benefit, as provided in division (B)(2) of this section, | 845 |
or payment of the retirant's contributions made under those | 846 |
sections, as provided in division (H) of
this section. | 847 |
(a) Unless, as described in division (I) of this section, the | 854 |
application is accompanied by a statement of the spouse's consent | 855 |
to another form of payment or the board waives the requirement of | 856 |
spousal consent, a PERS retirant or other system retirant who is | 857 |
married at the time of application for a benefit under this | 858 |
section shall receive a monthly annuity under which the actuarial | 859 |
equivalent of the retirant's single life annuity is paid in a | 860 |
lesser amount for life and one-half of the lesser amount continues | 861 |
after the retirant's death to the surviving spouse. | 862 |
(2) On divorce, annulment, or marriage dissolution, a PERS | 890 |
retirant or other system retirant receiving a benefit described in | 891 |
division (B)(2) of this section under which the beneficiary is the | 892 |
spouse may, with the written consent of the spouse or pursuant to | 893 |
an order of the court with jurisdiction over the termination of | 894 |
the marriage, elect to cancel the plan and receive the equivalent | 895 |
of the retirant's single life annuity as determined by the
board. | 896 |
The election shall be made on a form provided
by the board and | 897 |
shall be effective the month following its
receipt by the board. | 898 |
(3) If a beneficiary receiving a monthly annuity under | 939 |
division (B)(2) of this section dies and, at the time of the | 940 |
beneficiary's death, the total of the amounts paid to the retirant | 941 |
and beneficiary are less than the amount the retirant would have | 942 |
received as a lump sum payment, the difference between the total | 943 |
of the amounts received by the retirant and beneficiary and the | 944 |
amount that the retirant would have received as a lump sum payment | 945 |
shall be paid to the beneficiary's estate. | 946 |
(G) A PERS retirant or other system retirant employed
under | 947 |
section 145.38, 145.383, or 145.385 of the Revised Code
may | 948 |
designate
one or
more persons as
beneficiary to receive any | 949 |
benefits payable
under division (B)(2)(b) of
this section
due to | 950 |
death. The designation
shall be in
writing
duly
executed on a form | 951 |
provided by the public
employees
retirement
board, signed by the | 952 |
PERS retirant or other
system
retirant, and
filed with the board | 953 |
prior to death. The
last
designation of
a beneficiary revokes all | 954 |
previous
designations.
The PERS
retirant's or other system | 955 |
retirant's
marriage, divorce,
marriage
dissolution, legal | 956 |
separation,
withdrawal of account,
birth of
a child, or adoption | 957 |
of a child
revokes all previous
designations. If there is no | 958 |
designated
beneficiary, the
beneficiary is the beneficiary | 959 |
determined under
division (D) of
section 145.43 of the Revised | 960 |
Code. If any
benefit payable under
this section due to the death | 961 |
of a PERS
retirant or other system
retirant is not claimed by a | 962 |
beneficiary
within five years after
the death, the amount payable | 963 |
shall be
transferred to the income
fund and thereafter paid to the | 964 |
beneficiary or the estate of the
PERS retirant or other system | 965 |
retirant on application to the
board. | 966 |
(H)(1) A PERS retirant or other system retirant who applies | 967 |
under division (B)(1) of this section for payment of the | 968 |
retirant's contributions and is unmarried or is married and, | 969 |
unless the board has waived the requirement of spousal consent, | 970 |
includes with the application a statement of the spouse's consent | 971 |
to the payment, shall be paid the contributions made under section | 972 |
145.38 or 145.383 of the Revised Code or, in the case of a | 973 |
retirant described in division (A)(2) of this section, section | 974 |
145.47 of the Revised Code, plus interest as provided in section | 975 |
145.471 of the Revised Code, if the following conditions are met: | 976 |
(I) A statement of a spouse's consent under division (B)(2) | 991 |
of this section to the form of a benefit or under division (H) of | 992 |
this section to a payment of contributions is valid only if signed | 993 |
by the spouse and witnessed by a notary public. The board may | 994 |
waive the requirement of spousal consent if the spouse is | 995 |
incapacitated or cannot be located, or for any other reason | 996 |
specified by the board. Consent or waiver is effective only with | 997 |
regard to the spouse who is the subject of the consent or waiver. | 998 |
(C) For a PERS retirant who
is not subject to division (C) | 1036 |
of section 145.38 of
the Revised Code or an other system retirant, | 1037 |
as those terms
arethat term is defined in section 145.38 of the | 1038 |
Revised Code,
or a member of the
public employees retirement | 1039 |
system who retires
in accordance with section
145.383 of the | 1040 |
Revised Code, the rate
of interest shall be the current actuarial | 1041 |
assumption rate of
interest, as
determined by the board's actuary, | 1042 |
for the purposes
described in divisions (A) and (B) of this | 1043 |
section. | 1044 |
(1) A former member receiving benefits pursuant to section | 1047 |
145.32, 145.33, 145.331, 145.34, or 145.46 of the Revised Code
for | 1048 |
whom eligibility is established more than five years after
June | 1049 |
13, 1981, and who, at the time of establishing eligibility,
has | 1050 |
accrued less than ten years' service credit, exclusive of
credit | 1051 |
obtained pursuant to section 145.297 or 145.298 of the
Revised | 1052 |
Code, credit obtained after January 29, 1981, pursuant to
section | 1053 |
145.293 or 145.301 of the Revised Code, and credit
obtained after | 1054 |
May 4, 1992, pursuant to section 145.28 of the
Revised Code; | 1055 |
(B) The public employees retirement board may enter into | 1059 |
agreements with insurance companies, health
insuring
corporations, | 1060 |
or government
agencies authorized to do business in the state for | 1061 |
issuance of a
policy or contract of health, medical, hospital, or | 1062 |
surgical
benefits, or any combination thereof, for those | 1063 |
individuals receiving
age and service retirement or a disability | 1064 |
or survivor benefit
subscribing to the plan, or for PERS retirants | 1065 |
employed under
section 145.38 of the Revised Code, for coverage of | 1066 |
benefits in
accordance with division (D)(C)(2) of section 145.38 | 1067 |
of
the
Revised Code. Notwithstanding any other provision of this | 1068 |
chapter, the
policy or contract may also include coverage for any | 1069 |
eligible
individual's spouse and dependent children and for
any of | 1070 |
the individual's sponsored
dependents as the board determines | 1071 |
appropriate. If all
or any portion of the policy or contract | 1072 |
premium is to be paid by
any individual receiving age and service | 1073 |
retirement or a disability
or survivor benefit, the individual | 1074 |
shall, by written
authorization,
instruct the board to deduct the | 1075 |
premium agreed to be paid by
the individual
to the company, | 1076 |
corporation, or agency. | 1077 |
The board may contract for coverage on the basis of
part or | 1078 |
all of the cost of the coverage to be paid from
appropriate funds | 1079 |
of the public employees retirement system. The
cost paid from the | 1080 |
funds of the system shall be
included in the
employer's | 1081 |
contribution rate provided by sections 145.48 and
145.51 of the | 1082 |
Revised Code. The board may by rule provide
coverage to
ineligible | 1083 |
individuals if the coverage is provided at
no cost to
the | 1084 |
retirement system. The board shall not pay or
reimburse the
cost | 1085 |
for coverage under this section or section
145.325 of the
Revised | 1086 |
Code for any ineligible individual. | 1087 |
(C)
The board shall, beginning the month following receipt
of | 1093 |
satisfactory evidence of the payment for coverage, pay monthly
to | 1094 |
each recipient of service retirement, or a disability or
survivor | 1095 |
benefit under the public employees retirement system who
is | 1096 |
eligible for medical insurance coverage under part B of Title | 1097 |
XVIII of
"The Social Security Act," 79 Stat. 301 (1965), 42 | 1098 |
U.S.C.A. 1395j, as amended, an amount equal to the basic premium | 1099 |
for such coverage, except that the board shall make no
such | 1100 |
payment to any ineligible individual. | 1101 |
(D) The board shall establish by rule requirements for
the | 1102 |
coordination of
any coverage, payment, or benefit provided
under | 1103 |
this section or section
145.325 of the Revised Code with any | 1104 |
similar coverage, payment, or benefit
made available to
the same | 1105 |
individual by the Ohio police and fire pension
fund,
state | 1106 |
teachers retirement system, school employees retirement system, or | 1107 |
state
highway patrol retirement system. | 1108 |
(2) "Other system retirant" means a former member of the | 1117 |
public employees retirement system, state teachers retirement | 1118 |
system, school employees retirement system, state highway patrol | 1119 |
retirement system, or Cincinnati retirement system who is | 1120 |
receiving a disability benefit or an age and service or commuted | 1121 |
age and service retirement benefit or allowance from a system of | 1122 |
which the person is a former member. | 1123 |
(D)(1) An OPFPF retirant or other
system retirant who has | 1152 |
received a retirement allowance or benefit for less than two | 1153 |
months when employment subject to this section commences shall | 1154 |
forfeit the retirement allowance or benefit for the period
that | 1155 |
begins on the date the employment commences and ends on the | 1156 |
earlier of
the date the employment terminates or the date
that is | 1157 |
two months after the date on which the retirement
allowance or | 1158 |
benefit commenced. Service and contributions for
that period shall | 1159 |
not be included in the calculation of any
benefits payable under | 1160 |
this section, and those contributions
shall be refunded on the | 1161 |
retirant's death or termination of
the employment. | 1162 |
(2) An OPFPF retirant who, less than one hundred eighty days | 1163 |
after the retirement allowance commences, returns to employment in | 1164 |
the same position or a position in which the duties are the same | 1165 |
or substantially equivalent with the police or fire department by | 1166 |
which the retirant was employed at the time of retirement shall | 1167 |
forfeit the pension portion of the retirement allowance for the | 1168 |
period beginning on the day on which the employment commences and | 1169 |
ending on the first day of the month following the month in which | 1170 |
the employment ends. The annuity portion of the retirement | 1171 |
allowance shall be suspended on the day the employment under this | 1172 |
section commences and shall accumulate to the
credit of the | 1173 |
retirant to be paid in a single payment following termination of | 1174 |
the employment. | 1175 |
(E) On receipt of notice from the public employees
retirement | 1184 |
system, school employees retirement system, or state
teachers | 1185 |
retirement system of the re-employment of
an OPFPF
retirant, the | 1186 |
Ohio police and fire pension fund
shall not pay, or if paid shall | 1187 |
recover, the amount to be
forfeited by the OPFPF retirant in | 1188 |
accordance with section
145.38, 3307.35, or 3309.341 of the | 1189 |
Revised Code. | 1190 |
(2) A benefit under this section shall consist of an annuity | 1197 |
the actuarial present value of which
is equal to two times the sum | 1198 |
of all amounts deducted from the
salary of the OPFPF retirant or | 1199 |
other
system retirant and
credited to the retirant's individual | 1200 |
account in the fund, other
than contributions excluded pursuant to | 1201 |
division (D) of this
section,
together with
interest credited | 1202 |
thereon at the rate determined by the board. | 1203 |
(a) Unless, as described in division (I) of this section, the | 1204 |
application is accompanied by a statement of the spouse's consent | 1205 |
to another form of payment or the board of trustees waives the | 1206 |
requirement of spousal consent, a retirant who is married at the | 1207 |
time of application under this division shall receive a monthly | 1208 |
annuity under which the actuarial equivalent of the retirant's | 1209 |
single life annuity is paid in a lesser amount for life and | 1210 |
one-half of the lesser amount continues after the retirant's death | 1211 |
to the surviving spouse. | 1212 |
(2) If at the time of death
an OPFPF retirant or other
system | 1253 |
retirant receiving a monthly annuity under division
(F)(2) of this | 1254 |
section has received less than would have
been received as a | 1255 |
lump-sumlump sum payment under division (F)(2)
of
this section, | 1256 |
the difference between the amount received and
the amount that | 1257 |
would have been received as a
lump-sumlump sum
payment shall be | 1258 |
paid to the retirant's surviving spouse, or
if there is no | 1259 |
surviving spouse, to the retirant's estate. | 1260 |
(3) If a beneficiary receiving a monthly annuity under | 1261 |
division (F)(2) of this section dies and, at the time of the | 1262 |
beneficiary's death, the total of the amounts paid to the retirant | 1263 |
and beneficiary are less than the amount the retirant would have | 1264 |
received as a lump sum payment, the difference between the total | 1265 |
of the amounts received by the retirant and beneficiary and the | 1266 |
amount that the retirant would have received as a lump sum payment | 1267 |
shall be paid to the beneficiary's estate. | 1268 |
(H)(1) An OPFPF retirant or other system retirant who applies | 1269 |
under division (F)(1) of this section for payment of the | 1270 |
retirant's contributions and is unmarried or is married and, | 1271 |
unless the board of trustees has waived the requirement of spousal | 1272 |
consent, includes with the application a statement of the spouse's | 1273 |
consent to the payment shall be paid the contributions made under | 1274 |
division (C) of this section, plus interest, if the following | 1275 |
conditions are met: | 1276 |
(I) A statement of a spouse's consent under division (F) of | 1290 |
this section to the form of a benefit or under division (H) of | 1291 |
this section to a payment of contributions is valid only if signed | 1292 |
by the spouse and witnessed by a notary public. The board of | 1293 |
trustees may waive the requirement of spousal consent if the | 1294 |
spouse is incapacitated or cannot be located, or for any other | 1295 |
reason specified by the board. Consent or waiver is effective only | 1296 |
with regard to the spouse who is the subject of the consent or | 1297 |
waiver. | 1298 |
(J) An other system retirant subject to this section is
not a | 1299 |
member of the Ohio police and fire pension
fund, does not have any | 1300 |
of the rights, privileges, or obligations
of membership, except as | 1301 |
specified in this section, and is not
eligible to receive health, | 1302 |
medical, hospital, or surgical
benefits under section 742.45 of | 1303 |
the Revised Code for employment
subject to this section. | 1304 |
(1) "Other system retirant" means a
member or former member | 1324 |
of the public employees retirement system,
Ohio police
and fire | 1325 |
pension fund, school employees
retirement
system, state highway | 1326 |
patrol retirement system, or
Cincinnati
retirement system who is | 1327 |
receiving age and service or
commuted age
and service retirement, | 1328 |
or a disability benefit from
a system of
which the retirant is a | 1329 |
member or former member. | 1330 |
(C) A superannuate or other system retirant employed
in | 1344 |
accordance with this section shall contribute to the state | 1345 |
teachers
retirement system in
accordance with section 3307.26 of | 1346 |
the Revised Code
and the employer shall contribute in accordance | 1347 |
with sections
3307.28 and 3307.31 of the Revised Code. Such | 1348 |
contributions shall
be received as specified in section 3307.14 of | 1349 |
the
Revised Code. A
superannuate or other system retirant
employed | 1350 |
as a teacher is
not a member of the state teachers
retirement | 1351 |
system, does not
have any of the rights, privileges, or | 1352 |
obligations of membership,
except as provided in this section, and | 1353 |
is not eligible to
receive health, medical, hospital, or surgical | 1354 |
benefits under
section 3307.39 of the Revised Code for employment | 1355 |
subject to
this section. | 1356 |
(F)(1) A superannuate or other system retirant who has | 1369 |
received
an allowance or benefit for less than
two months when | 1370 |
employment
subject to this section commences shall
forfeit the | 1371 |
allowance or
benefit for any month the superannuate or
retirant is | 1372 |
employed
prior to the expiration of such period.
Contributions | 1373 |
shall be
made to the retirement system from the
first day of such | 1374 |
employment, but service and contributions for
that period shall | 1375 |
not be used in the calculation of any benefit
payable to the | 1376 |
superannuate or other system retirant, and those
contributions | 1377 |
shall be refunded on the superannuate's or
retirant's death or | 1378 |
termination of
the employment. Contributions made on compensation | 1379 |
earned after
the expiration of such period shall be used in | 1380 |
calculation of the
benefit or payment due under section 3307.352 | 1381 |
of the Revised Code. | 1382 |
(2) A superannuate who, less than one hundred eighty days | 1383 |
after the retirement allowance or benefit commences, returns to | 1384 |
employment in the same position or a position in which the duties | 1385 |
are the same or substantially equivalent with the employer by | 1386 |
which the retirant was employed at the time of retirement shall | 1387 |
forfeit the pension portion of the superannuate's
retirement | 1388 |
allowance or benefit for the period beginning on the day on which | 1389 |
the employment commences and ending on the first day of the month | 1390 |
following the month in which the employment ends. The annuity | 1391 |
portion of the retirement allowance or benefit shall be suspended | 1392 |
on the day the employment under this section commences and shall | 1393 |
accumulate to the credit of the superannuate to be paid in a | 1394 |
single payment following termination of the employment. | 1395 |
(G) On receipt of notice from the Ohio police and
fire | 1405 |
pension fund, public employees retirement
system,
or school | 1406 |
employees retirement system of the re-employment of a | 1407 |
superannuate, the state teachers retirement system shall not pay, | 1408 |
or if paid shall recover, the amount to be forfeited by the | 1409 |
superannuate in accordance with section 145.38, 742.26, or | 1410 |
3309.341 of the Revised Code. | 1411 |
(H) If the disability benefit of an other system retirant | 1412 |
employed under this section is terminated, the retirant shall | 1413 |
become a
member of the state teachers retirement system, effective | 1414 |
on the
first day of the month next following the termination, with | 1415 |
all
the rights, privileges, and obligations of membership. If
such | 1416 |
person, after the termination of the retirant's disability | 1417 |
benefit, earns
two years of service credit under this retirement | 1418 |
system or under
the public employees retirement system, Ohio | 1419 |
police and
fire pension fund, school employees retirement
system, | 1420 |
or state highway patrol retirement system, the retirant's
prior | 1421 |
contributions as an other system retirant under this section
shall | 1422 |
be included in the retirant's total service credit, as defined
in | 1423 |
section 3307.50 of the Revised Code, as
a state teachers | 1424 |
retirement system member, and the retirant shall forfeit all | 1425 |
rights and
benefits of this section. Not more than one year of | 1426 |
credit may
be given for any period of twelve months. | 1427 |
(2) "Other system retirant" means a member or former
member | 1444 |
of the public employees retirement system, Ohio police
and fire | 1445 |
pension fund, state teachers retirement
system, state highway | 1446 |
patrol retirement system, or Cincinnati
retirement system who is | 1447 |
receiving age and service or commuted
age and service retirement, | 1448 |
or a disability benefit from a system
of which the retirant is a | 1449 |
member or former member. | 1450 |
(B)(1) Subject to this section and section 3309.345 of the | 1459 |
Revised Code, an SERS retirant or other system retirant may be | 1460 |
employed by a public employer. If so employed, the SERS retirant | 1461 |
or other system retirant shall contribute to the school employees | 1462 |
retirement system in accordance with section 3309.47 of the | 1463 |
Revised Code, and the employer shall make contributions in | 1464 |
accordance with section 3309.49 of the Revised Code. | 1465 |
(C)(1) An SERS retirant or other system retirant who has | 1473 |
received a retirement allowance or disability benefit for
less | 1474 |
than two months when employment subject to this section commences | 1475 |
shall forfeit the retirement allowance or disability benefit
for | 1476 |
any month
the SERS retirant or other system retirant is employed | 1477 |
prior to
the expiration of the two-month period. Service
and | 1478 |
contributions for that period shall not be included in the | 1479 |
calculation of any benefits payable to the SERS retirant or other | 1480 |
system retirant, and those contributions shall be refunded on | 1481 |
death or termination of the employment. Contributions made on | 1482 |
compensation earned after the expiration of such period shall be | 1483 |
used in the
calculation of the benefit or payment due under | 1484 |
section 3309.344 of the Revised Code. | 1485 |
(2) An SERS retirant who, less than one hundred eighty days | 1486 |
after the retirement allowance commences, returns to employment in | 1487 |
the same position or a position in which the duties are the same | 1488 |
or substantially equivalent with the public employer by which the | 1489 |
retirant was employed at the time of retirement shall forfeit the | 1490 |
pension portion of the retirement allowance for the period | 1491 |
beginning on the day on which the employment commences and ending | 1492 |
on the first day of the month following the month in which the | 1493 |
employment ends. The annuity portion of the retirement allowance | 1494 |
shall be suspended on the day the employment under this section | 1495 |
commences and shall accumulate to the credit of the retirant to be | 1496 |
paid in a single payment following termination of the employment. | 1497 |
(D) On receipt of notice from the Ohio police and
fire | 1506 |
pension fund, public employees retirement
system,
or state | 1507 |
teachers retirement system of the re-employment of an
SERS | 1508 |
retirant, the school employees retirement system shall not
pay,
or | 1509 |
if paid shall recover, the amount to be forfeited by the SERS | 1510 |
retirant in accordance with section 145.38, 742.26, or
3307.35 of | 1511 |
the Revised Code. | 1512 |
(E) An SERS retirant or other system retirant subject to
this | 1513 |
section is not a member of the school employees retirement
system; | 1514 |
does not have any of the rights, privileges, or
obligations of | 1515 |
membership, except as specified in this section;
and is not | 1516 |
eligible to receive health, medical, hospital, or
surgical | 1517 |
benefits under section 3309.69 of the Revised Code for
employment | 1518 |
subject to this section. | 1519 |
(F) If the disability benefit of an other system retirant | 1520 |
employed under this section is terminated, the retirant shall | 1521 |
become a
member of the school employees retirement system, | 1522 |
effective on
the first day of the month next following the | 1523 |
termination, with
all the rights, privileges, and obligations of | 1524 |
membership. If
the retirant, after the termination of
the | 1525 |
disability benefit,
earns two years of service credit under this | 1526 |
retirement system or
under the public employees retirement system, | 1527 |
Ohio police and
fire pension fund, state teachers
retirement | 1528 |
system, or state highway patrol retirement system, the
retirant's | 1529 |
prior
contributions as an other system retirant under this section | 1530 |
shall be included in the retirant's total service credit as
a | 1531 |
school
employees retirement system member, and the retirant shall | 1532 |
forfeit all
rights and benefits of this section. Not more than
one | 1533 |
year of
credit may be given for any period of twelve months. | 1534 |