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(123rd General Assembly)(Amended Substitute Senate Bill Number 144)
AN ACT
To amend sections 101.82, 145.01, 145.23, 145.31, 145.37, 145.38, 145.40,
145.43, 742.26, 3307.31, 3307.35, 3307.53, 3307.57, 3307.771, 3309.30,
3309.341, 3309.35, and 3309.51; to enact sections 145.383, 145.401, 145.471,
145.472, 145.473, 3307.351, 3309.343, and 3309.473; and to repeal section
145.202 of the
Revised Code to require the Public Employees Retirement System (PERS) to
credit interest on a member's contributions and, under certain
conditions, to pay an amount of employer contributions on the
death of a member or withdrawal of a member's contributions; to
permit certain members of PERS, the School Employees Retirement
System (SERS), or the State Teachers Retirement System (STRS) who hold
more than one position covered by those retirement systems to
retire from one position and continue making contributions for the
other position toward the purchase of an annuity; to revise
the law governing a retirant or disability benefit recipient's
reemployment in a position covered by PERS, SERS, STRS, or the
Ohio Police and Fire Pension Fund; to allow an STRS member who prior to July
1, 1982, resigned due to adoption of a child to purchase up to one year of
service credit; to allow any SERS member who resigned due to pregnancy or
adoption of a child to purchase up to two years of service credit;
to allow SERS and STRS to collect employer contributions from the
governing authorities of community schools in the same manner as
contributions are collected from boards of education; and to
exempt from sunset review the Ohio Public Employees Deferred
Compensation Board, Ohio Retirement Study Council, and the boards
of Ohio's state retirement systems.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 101.82, 145.01, 145.23, 145.31, 145.37, 145.38,
145.40,
145.43, 742.26, 3307.31, 3307.35, 3307.53, 3307.57, 3307.771, 3309.30,
3309.341, 3309.35, and 3309.51 be amended and sections 145.383, 145.401,
145.471,
145.472, 145.473, 3307.351, 3309.343, and 3309.473 of the Revised Code be
enacted to read as follows:
Sec. 101.82. As used in sections 101.82 to 101.87 of the
Revised Code: (A) "Agency" means any board, commission, committee, or
council, or any other similar state public body required to be
established pursuant to state
statutes for the exercise of any function of state government and to
which members are appointed or elected. "Agency" does not include: (1) The general assembly, or any commission, committee, or other
body composed entirely of members thereof; (2) Any court; (3) Any public body created by or directly pursuant to the
constitution of this state; (4) The board of trustees of any institution of higher
education financially supported in whole or in part by the state; (5) Any public body that has the authority to issue bonds
or notes or that has issued bonds or notes that have not been
fully repaid; (6) The public utilities commission of Ohio; (7) The consumers' council governing board; (8) The Ohio board of regents; (9) Any state board or commission that has the authority
to issue any final adjudicatory order that may be appealed to the
court of common pleas under Chapter 119. of the Revised Code; (10) Any board of elections.; (11) The board of directors of the Ohio insurance
guaranty association and the board of governors of the Ohio fair plan
underwriting association; (12) The Ohio public employees deferred compensation board; (13) The Ohio retirement study council; (14) The board of trustees of the Ohio police and fire pension
fund, public employees retirement board, school employees retirement board,
state highway patrol retirement board, and state teachers retirement
board. (B) "Abolish" means to repeal the statutes creating and
empowering an agency, remove its personnel, and transfer its
records to the department of administrative services pursuant to
division (H) of section 149.331 of the Revised Code. (C) "Terminate" means to amend or repeal the statutes
creating and empowering an agency, remove its personnel, and
reassign its functions and records to another agency or officer
designated by the general assembly. (D) "Transfer" means to amend the statutes creating and
empowering an agency so that its functions, records, and
personnel are conveyed to another agency or officer. (E) "Renew" means to continue an agency, and may include
amendment of the statutes creating and empowering the agency, or
recommendations for changes in agency operation or personnel. Sec. 145.01. As used in this chapter: (A) "Public employee" means: (1) Any person holding an office, not elective, under the state or any
county, township, municipal corporation, park district, conservancy district,
sanitary district, health district, metropolitan housing authority, state
retirement board, Ohio historical society, public library, county law library,
union cemetery, joint hospital, institutional commissary, state university, or
board, bureau, commission, council, committee, authority, or administrative
body as the same are, or have been, created by action of the general assembly
or by the legislative authority of any of the units of local government named
in division (A)(1) of this section, or employed and
paid in whole or in part by the state or any
of the authorities named in division (A)(1) of this
section in any capacity not covered by
section 742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code. (2) A person who is a member of the public employees retirement system
and who
continues to perform the same or similar duties under the direction of a
contractor who has contracted to take over what before the date of the
contract was a publicly operated function. The governmental unit with which
the contract has been made shall be deemed the employer for the purposes of
administering this chapter. (3) Any person who is an employee of a public employer, notwithstanding that
the person's compensation for that employment is derived from funds of a
person or entity other than the employer. Credit for such service shall be
included as total service credit, provided that the employee makes the
payments required by this chapter, and the employer makes the payments
required by sections 145.48 and 145.51 of the Revised Code. In all cases of doubt, the public employees retirement board shall determine
whether any person is a public employee, and its decision is final. (B) "Member" means any public employee, other than a public employee excluded
or exempted from membership in the retirement system by section 145.03,
145.031, 145.032, 145.033, 145.034, 145.035, or 145.38 of the Revised Code.
"Member" includes a PERS retirant who becomes a member under division
(C)(2) of section 145.38 of the Revised Code. "Member" also includes a
disability benefit recipient. (C) "Head of the department" means the elective or appointive head of the
several executive, judicial, and administrative departments, institutions,
boards, and commissions of the state and local government as the same are
created and defined by the laws of this state or, in case of a charter
government, by that charter. (D) "Employer" or "public employer" means the state or any county, township,
municipal corporation, park district, conservancy district, sanitary district,
health district, metropolitan housing authority, state retirement board, Ohio
historical society, public library, county law library, union cemetery, joint
hospital, institutional commissary, state medical college, state university,
or board, bureau, commission, council, committee, authority, or administrative
body as the same are, or have been, created by action of the general assembly
or by the legislative authority of any of the units of local government named
in this division not covered by section 3307.01 or 3309.01 of the Revised
Code. In addition, "employer" means the employer of any public employee. (E) "Prior service" means all service as a public employee rendered before
January 1, 1935, and all service as an employee of any employer who comes
within the state teachers retirement system or of the school employees
retirement system or of any other retirement system established under the laws
of this state rendered prior to January 1, 1935, provided that if the employee
claiming the service was employed in any capacity covered by that other system
after that other system was established, credit for the service may be allowed
by the public employees retirement system only when the employee has made
payment, to be computed on the salary earned from the date of appointment to
the date membership was established in the public employees retirement system,
at the rate in effect at the time of payment, and the employer has made
payment of the corresponding full liability as provided by section 145.44 of
the Revised Code. "Prior service" also means all service credited for active
duty with the armed forces of the United States as provided in section 145.30
of the Revised Code. If an employee who has been granted prior service credit by the public
employees retirement system for service rendered prior to January 1, 1935, as
an employee of a board of education establishes, before retirement, one year
or more of contributing service in the state teachers retirement system or
school employees retirement system, then the prior service ceases to be the
liability of this system. If the board determines that a position of any member in any calendar year
prior to January 1, 1935, was a part-time position, the board shall determine
what fractional part of a year's credit shall be allowed by the following
formula: (1) When the member has been either elected or appointed to an office the
term of which was two or more years and for which an annual salary is
established, the fractional part of the year's credit shall be computed as
follows: First, when the member's annual salary is one thousand dollars or less, the
service credit for each such calendar year shall be forty per cent of a year. Second, for each full one hundred dollars of annual salary above one thousand
dollars, the member's service credit for each such calendar year shall be
increased by two and one-half per cent. (2) When the member is paid on a per diem basis, the service credit for any
single year of the service shall be determined by using the number of days of
service for which the compensation was received in any such year as a
numerator and using two hundred fifty days as a denominator. (3) When the member is paid on an hourly basis, the service credit for any
single year of the service shall be determined by using the number of hours of
service for which the compensation was received in any such year as a
numerator and using two thousand hours as a denominator. (F) "Contributor" means any person who has an account in the employees'
savings fund created by section 145.23 of the Revised Code. (G) "Beneficiary" or "beneficiaries" means the estate or a person or persons
who, as the result of the death of a member, contributor, or retirant, qualify
for or are receiving some right or benefit under this chapter. (H)(1) "Total service credit," except as provided in section 145.37 of the
Revised Code, means all service credited to a member of the retirement system
since last becoming a member, including restored service credit as provided by
section 145.31 of the Revised Code; credit purchased under sections 145.293
and 145.299 of the Revised Code; all the member's prior service credit; all
the member's military service credit computed as provided in this chapter; all
service credit established pursuant to section 145.297 of the Revised Code;
and any other service credited under this chapter. In addition, "total
service credit" includes any period, not in excess of three years, during
which a member was out of service and receiving benefits under Chapters 4121.
and 4123. of the Revised Code. For the exclusive purpose of satisfying the
service credit requirement and of determining eligibility for benefits under
sections 145.32, 145.33, 145.331, 145.35, 145.36, and 145.361 of the Revised
Code, "five or more years of total service credit" means sixty or more
calendar months of contributing service in this system. (2) "One and one-half years of contributing service
credit," as used in division (B) of section 145.45 of the Revised
Code, also means eighteen or more calendar months of employment
by a municipal corporation that formerly operated its own
retirement plan for its employees or a part of its employees,
provided that all employees of that municipal retirement plan who have
eighteen or more months of such employment, upon
establishing membership in the public employees retirement
system, shall make a payment of the contributions they would have paid
had they been members of this system for the eighteen months of
employment preceding the date membership was established. When
that payment has been made by all such employee
members, a
corresponding payment shall be paid into the employers'
accumulation fund by that municipal corporation as the employer
of the employees. (3) Where a member also is a member of the state teachers retirement system
or the school employees retirement system, or both, except in cases of
retirement on a combined basis pursuant to section 145.37 of the Revised Code
or as provided in section 145.383 of the Revised Code, service credit for any period
shall be credited on the basis of the ratio that
contributions to the public employees retirement system
bear to total
contributions in all state retirement systems. (4) Not more than one year of credit may be given for any period of twelve
months. (5) "Ohio service credit" means credit for service that was rendered to the
state or any of its political subdivisions or any employer. (I) "Regular or current interest" means interest at any rates for the
respective funds and accounts as the public employees retirement board may
determine from time to time, except as follows: (1) Subsequent to December 31, 1958, the retirement board shall
discontinue
the annual crediting of current interest to the individual accounts of
contributors. The noncrediting of current interest shall not affect the rate
of interest at retirement guaranteed under division (I)
of this section.
(2) The rate of interest credited on a contributor's contributions at
retirement shall be four per cent per annum, compounded annually, to and
including December 31, 1955; three per cent per annum, compounded annually,
from January 1, 1956, to and including December 31, 1963; three and
one-quarter per cent per annum, compounded annually, from January 1, 1964, to
and including December 31, 1969; and thereafter four per cent per annum,
compounded annually.
In determining the reserve value for the purpose of
computing the amount of the contributor's annuity, the rate of
interest used in the annuity values shall be four per cent per
annum, compounded annually, for contributors retiring before
October 1, 1956, and after December 31, 1969; three per cent per annum,
compounded annually, for
contributors retiring between October 1, 1956, and December 31,
1963; and three and one-quarter per cent per annum, compounded
annually, for contributors retiring from January 1, 1964, to
December 31, 1969. Interest on contributions from contributors
within any one calendar year shall begin on the first day of the
calendar year next following and shall be computed at the end of
each calendar year, except in the case of a contributor who
retires before the end of the year.
(J) "Accumulated contributions" means the sum of all
amounts credited to a contributor's individual account in the
employees' savings fund together with any current interest
thereon, but does not include the interest adjustment at
retirement credited to the contributor's account under section 145.471
or 145.472 of the Revised Code. (K)(1) "Final average salary" means the quotient obtained
by dividing by three the sum of the three full calendar years of
contributing service in which the member's earnable salary was
highest, except that if the member has a partial year of
contributing service in the year the member's employment
terminates and the member's earnable salary for the partial year is higher
than for any comparable period in the three years, the member's earnable
salary for the partial year shall be substituted for the member's earnable
salary for the comparable period during the three years in which the member's
earnable salary was lowest. (2) If a member has less than three years of contributing service, the
member's final average salary shall be the member's total earnable salary
divided by the total number of years, including any fraction of a year, of the
member's contributing service. (3) For the purpose of calculating benefits payable to a
member qualifying for service credit under division (Z) of this
section, "final average salary" means the total earnable salary
on which contributions were made divided by the total number of
years during which contributions were made, including any
fraction of a year. If contributions were made for less than
twelve months, "final average salary" means the member's total
earnable salary. (L) "Annuity" means payments for life derived from contributions made by a
contributor and paid from the annuity and pension reserve fund as provided in
this chapter. All annuities shall be paid in twelve equal monthly
installments. (M) "Annuity reserve" means the present value, computed upon the basis of the
mortality and other tables adopted by the board, of all payments to be made on
account of any annuity, or benefit in lieu of any annuity, granted to a
retirant as provided in this chapter. (N)(1) "Disability retirement" means retirement as provided in section 145.36
of the Revised Code. (2) "Disability allowance" means an allowance paid on account of disability
under section 145.361 of the Revised Code. (3) "Disability benefit" means a benefit paid as disability retirement under
section 145.36 of the Revised Code, as a disability allowance under section
145.361 of the Revised Code, or as a disability benefit under section 145.37
of the Revised Code. (4) "Disability benefit recipient" means a member who is receiving a
disability benefit. (O) "Age and service retirement" means retirement as provided in sections
145.32, 145.33, 145.331, 145.34, 145.37, and 145.46 of the Revised Code. (P) "Pensions" means annual payments for life derived from contributions made
by the employer that at the time of retirement are credited into the annuity
and pension reserve fund from the employers' accumulation fund and paid from
the annuity and pension reserve fund as provided in this chapter. All
pensions shall be paid in twelve equal monthly installments. (Q) "Retirement allowance" means the pension plus that portion of the benefit
derived from contributions made by the member. (R)(1) Except as otherwise provided in division (R)
of this section, "earnable salary" means
all salary, wages, and other earnings paid to a contributor by reason of
employment in a position covered by the retirement system. The salary, wages,
and other earnings shall be determined prior to determination of the amount
required to be contributed to the employees' savings fund under section 145.47
of the Revised Code and without regard to whether any of the salary, wages, or
other earnings are treated as deferred income for federal income tax
purposes. "Earnable salary" includes the following: (a) Payments made by the employer in lieu of salary, wages, or other earnings
for sick leave, personal leave, or vacation used by the contributor; (b) Payments made by the employer for the conversion of sick leave, personal
leave, and vacation leave accrued, but not used if the payment is made
during
the year in which the leave is accrued, except that payments made pursuant to
section 124.383 or 124.386 of the Revised Code are not earnable salary; (c) Allowances paid by the employer for full maintenance, consisting of
housing, laundry, and meals, as certified to the retirement board by the
employer or the head of the department that employs the contributor; (d) Fees and commissions paid under section 507.09 of the Revised Code; (e) Payments that are made under a disability leave program sponsored by the
employer and for which the employer is required by section 145.296 of the
Revised Code to make periodic employer and employee contributions; (f) Amounts included pursuant to divisions (K)(3) and (Y) of this section. (2) "Earnable salary" does not include any of the following: (a) Fees and commissions, other than those paid under section 507.09 of the
Revised Code, paid as sole compensation for personal services and fees and
commissions for special services over and above services for which the
contributor receives a salary; (b) Amounts paid by the employer to provide life insurance, sickness,
accident, endowment, health, medical, hospital, dental, or surgical coverage,
or other insurance for the contributor or the contributor's family, or amounts
paid by the employer to the contributor in lieu of providing the insurance; (c) Incidental benefits, including lodging, food, laundry, parking, or
services furnished by the employer, or use of the employer's property or
equipment, or amounts paid by the employer to the contributor in lieu of
providing the incidental benefits; (d) Reimbursement for job-related expenses authorized by the employer,
including moving and travel expenses and expenses related to professional
development; (e) Payments for accrued but unused sick leave, personal leave, or
vacation
that are made at any time other than in the year in which the sick leave,
personal leave, or vacation was accrued; (f) Payments made to or on behalf of a contributor that are in excess of the
annual compensation that may be taken into account by the retirement system
under division (a)(17) of section 401 of the "Internal Revenue Code of 1986,"
100 Stat. 2085, 26 U.S.C.A. 401(a)(17), as amended; (g) Payments made under division (B) or (D) of section 5923.05 of the Revised
Code or Section 4 of Substitute Senate Bill No. 3 of the 119th general
assembly; (h) Anything of value received by the contributor that is based on or
attributable to retirement or an agreement to retire, except that payments
made on or before January 1, 1989, that are based on or attributable to an
agreement to retire shall be included in earnable salary if both of the
following apply: (i) The payments are made in accordance with contract provisions that were in
effect prior to January 1, 1986; (ii) The employer pays the retirement system an amount specified by the
retirement board equal to the additional liability resulting from the
payments. (3) The retirement board shall determine by rule whether any compensation not
enumerated in division (R) of this section is
earnable salary, and its decision shall be
final. (S) "Pension reserve" means the present value, computed upon the basis of the
mortality and other tables adopted by the board, of all payments to be made on
account of any retirement allowance or benefit in lieu of any retirement
allowance, granted to a member or beneficiary under this chapter. (T)(1) "Contributing service" means all service credited to a member of the
system since January 1, 1935, for which contributions are made as required by
sections 145.47, 145.48, and 145.483 of the Revised Code. In any year
subsequent to 1934, credit for any service shall be allowed by the following
formula: (a) For each month for which the member's earnable salary is two hundred
fifty dollars or more, allow one month's credit. (b) For each month for which the member's earnable salary is less than two
hundred fifty dollars, allow a fraction of a month's credit. The numerator of
this fraction shall be the earnable salary during the month, and the
denominator shall be two hundred fifty dollars, except that if the member's
annual earnable salary is less than six hundred dollars, the member's credit
shall not be reduced below twenty per cent of a year for a calendar year of
employment during which the member worked each month.
Division (T)(1)(b) of this section shall not
reduce any credit earned before January 1, 1985. (2) Notwithstanding division (T)(1) of this section, an elected official who
prior to January 1, 1980, was granted a full year of credit for each year of
service as an elected official shall be considered to have earned a full year
of credit for each year of service regardless of whether the service was
full-time or part-time. The public employees retirement board has no
authority to reduce the credit. (U) "State retirement board" means the public employees retirement board, the
school employees retirement board, or the state teachers retirement board. (V) "Retirant" means any former member who retires and is receiving a monthly
allowance as provided in sections 145.32, 145.33, 145.331, 145.34, and 145.46
of the Revised Code. (W) "Employer contribution" means the amount paid by an employer as
determined by the employer rate including the normal and deficiency
contribution rates. (X) "Public service terminates" means the last day for which a public
employee is compensated for services performed for an employer or the date of
the employee's death, whichever occurs first. (Y) When a member has been elected or appointed to an office, the term of
which is two or more years, for which an annual salary is established, and in
the event that the salary of the office is increased and the member is denied
the additional salary by reason of any constitutional provision prohibiting an
increase in salary during a term of office, the member may elect to have the
amount of the member's contributions calculated upon the basis of the
increased salary for the office. At the member's request, the board shall
compute the total additional amount the member would have contributed, or the
amount by which each of the member's contributions would have increased, had
the member received the increased salary for the office the member holds. If
the member elects to have the amount by which the member's contribution would
have increased withheld from the member's salary, the member shall notify the
employer, and the employer shall make the withholding and transmit it to the
retirement system. A member who has not elected to have that amount withheld
may elect at any time to make a payment to the retirement system equal to the
additional amount the member's contribution would have increased, plus
interest on that contribution, compounded annually at a rate established by
the board and computed from the date on which the last contribution would have
been withheld from the member's salary to the date of payment. A member may
make a payment for part of the period for which the increased contribution was
not withheld, in which case the interest shall be computed from the date the
last contribution would have been withheld for the period for which the
payment is made. Upon the payment of the increased contributions as provided
in this division, the increased annual salary as provided by law for the
office for the period for which the member paid increased contributions
thereon shall be used in determining the member's earnable salary for the
purpose of computing the member's final average salary. (Z) "Five years of service credit," for the exclusive purpose of satisfying
the service credit requirements and of determining eligibility for benefits
under section 145.33 of the Revised Code, means employment covered under this
chapter or under a former retirement plan operated, recognized, or endorsed by
the employer prior to coverage under this chapter or under a
combination of
the coverage. (AA) "Deputy sheriff" means any person who is commissioned and employed as a
full-time peace officer by the sheriff of any county, and has been so employed
since on or before December 31, 1965, and whose primary duties are to preserve
the peace, to protect life and property, and to enforce the laws of this
state; any person who is or has been commissioned and employed as a peace
officer by the sheriff of any county since January 1, 1966, and who has
received a certificate attesting to the person's satisfactory completion of
the peace officer training school as required by section 109.77 of the Revised
Code and whose primary duties are to preserve the peace, protect life and
property, and enforce the laws of this state; or any person deputized by the
sheriff of any county and employed pursuant to section 2301.12 of the Revised
Code as a criminal bailiff or court constable who has received a certificate
attesting to the person's satisfactory completion of the peace officer
training school as required by section 109.77 of the Revised Code and whose
primary duties are to preserve the peace, protect life and property, and
enforce the laws of this state. (BB) "Township constable or police officer in a township police department or
district" means any person who is commissioned and employed as a full-time
peace officer pursuant to Chapter 505. or 509. of the Revised Code, who has
received a certificate attesting to the person's satisfactory completion of
the peace officer training school as required by section 109.77 of the Revised
Code, and whose primary duties are to preserve the peace, protect life and
property, and enforce the laws of this state. (CC) "Drug agent" means any person who is either of the following: (1) Employed full-time as a narcotics agent by a county narcotics agency
created pursuant to section 307.15 of the Revised Code and has received a
certificate attesting to the satisfactory completion of the peace officer
training school as required by section 109.77 of the Revised Code; (2) Employed full-time as an undercover drug agent as defined in section
109.79 of the Revised Code and is in compliance with section 109.77 of the
Revised Code. (DD) "Department of public safety enforcement agent" means a full-time
employee of the
department of public safety who is
designated under section 5502.14
of the Revised Code as an enforcement agent and who is in compliance with
section 109.77
of the Revised Code. (EE) "Natural resources law enforcement staff officer" means a
full-time employee of the department of natural resources who is designated a
natural resources law enforcement staff officer under section 1501.013 of the
Revised Code
and
is in compliance with section 109.77 of the Revised Code. (FF) "Park officer" means a full-time employee of the department of
natural
resources who is designated a park officer under section 1541.10 of the
Revised Code and is in compliance with section 109.77 of the Revised Code. (GG) "Forest officer" means a full-time employee of the
department of natural
resources who is designated a forest officer under section 1503.29 of the
Revised Code and is in compliance with section 109.77 of the Revised Code. (HH) "Preserve officer" means a full-time
employee of the department of natural resources who is
designated a preserve officer under section 1517.10 of the
Revised
Code and is in compliance with
section 109.77 of the Revised
Code. (II) "Wildlife officer" means a full-time employee of the department
of
natural resources who is designated a wildlife officer under section 1531.13
of the Revised Code and is in compliance with section 109.77 of the Revised
Code. (JJ) "State watercraft officer" means a full-time
employee of the department
of natural resources who is designated a state watercraft officer under
section 1547.521 of the Revised Code and is in compliance with section 109.77
of the Revised Code. (KK) "Park district police officer" means a full-time
employee of a park
district who is designated pursuant to section 511.232 or 1545.13 of the
Revised Code and is in compliance with section 109.77 of the Revised Code. (LL) "Conservancy district officer" means a full-time
employee of a
conservancy district who is designated pursuant to section 6101.75 of the
Revised Code and is in compliance with section 109.77 of the Revised Code. (MM) "Municipal police officer" means a member of the
organized police
department of a municipal corporation who is employed full-time, is in
compliance with section 109.77 of the Revised Code, and is not a member of the
Ohio police and fire
pension fund. (NN) "Ohio veterans' home police officer" means any
person who is employed at
the Ohio veterans' home as a police officer pursuant to section 5907.02 of the
Revised Code and is in compliance with section 109.77 of the Revised Code. (OO) "Special police officer for a mental health
institution" means any
person who is designated as such pursuant to section 5119.14 of the Revised
Code and is in compliance with section 109.77 of the Revised Code. (PP) "Special police officer for an institution for the
mentally retarded and
developmentally disabled" means any person who is designated as such pursuant
to section 5123.13 of the Revised Code and is in compliance with section
109.77 of the Revised Code. (QQ) "State university law enforcement officer" means any
person who is
employed full-time as a state university law enforcement officer pursuant to
section 3345.04 of the Revised Code and who is in compliance with section
109.77 of the Revised Code. (RR) "Hamilton county municipal court bailiff" means a
person appointed by
the clerk of courts of the Hamilton county municipal court under division
(A)(3) of section 1901.32 of the Revised Code who is employed full-time as a
bailiff or deputy bailiff, who has received a certificate attesting to the
person's satisfactory completion of the peace officer training school as
required by division (C) of section 109.77 of the Revised Code, and whose
primary duties are to preserve the peace, to protect life and property, and to
enforce the laws of this state. (SS) Notwithstanding section 2901.01 of the Revised Code,
"law enforcement
officer" means a sheriff, deputy sheriff, township constable or police officer
in a township police department or district, drug agent, department of public
safety enforcement agent, natural resources law enforcement staff officer,
park officer, forest officer, preserve officer,
wildlife officer, state watercraft
officer, park district police officer, conservancy district officer, Ohio
veterans' home police officer, special police officer for a mental health
institution, special police officer for an institution for the mentally
retarded and developmentally disabled, state university law enforcement
officer, Hamilton county municipal court bailiff, or municipal police officer. (TT) "Fiduciary" means a person who does any of the
following: (1) Exercises any discretionary authority or control with respect to the
management of the system or with respect to the management or disposition of
its assets; (2) Renders investment advice for a fee, direct or indirect, with respect to
money or property of the system; (3) Has any discretionary authority or responsibility in the administration
of the system. (UU) "Actuary" means an individual who satisfies all of
the following
requirements: (1) Is a member of the American academy of actuaries; (2) Is an associate or fellow of the society of actuaries; (3) Has a minimum of five years' experience in providing actuarial services
to public retirement plans. Sec. 145.23. The funds hereby created are the employees'
savings fund, the employers' accumulation fund, the annuity and
pension reserve fund, the income fund, the survivors' benefit
fund, and the expense fund. (A) The employees' savings fund is the fund in which shall
be accumulated contributions from the earnable salaries of
contributors for the purchase of annuities or retirement
allowances. The accumulated contributions of a contributor returned to
him the contributor upon his withdrawal, or paid to
his the contributor's estate or designated
beneficiary in the event of his death, shall be paid from the
employees' savings fund. Any accumulated contributions forfeited
by failure of a member, or his a member's estate, to claim the
same, shall
be transferred from the employees' savings fund to the income
fund. The accumulated contributions of a contributor shall be
transferred from the employees' savings fund to the annuity and
pension reserve fund in the event of his the contributor's
retirement. (B) The employers' accumulation fund is the fund in which
shall be accumulated the reserves for the payment of all pensions
and disability benefits payable as provided in this chapter. The
amounts paid by the state of Ohio and by any employer defined in
division (A) of section 145.01 of the Revised Code because of the
normal contributions and deficiency contributions shall be
credited to the employers' accumulation fund. Any payments made into the employers' accumulation fund by
a member as provided in section 145.31 of the Revised Code shall
be refunded to such member under the conditions specified in
section 145.40 of the Revised Code. Upon the retirement of a contributor, the full amount of
his the contributor's pension reserve shall be transferred from
the employers'
accumulation fund to the annuity and pension reserve fund. (C) The annuity and pension reserve fund is the fund from
which shall be paid all pensions, disability benefits, annuities,
and benefits in lieu thereof, because of which reserves have been
transferred from the employees' savings fund and the employers'
accumulation fund. Any contributor may deposit in the employees' savings fund,
subject to rules established from time to time by the public
employees retirement board, such amounts as he the contributor
desires, and, at
the time of age and service retirement, shall receive in return
therefor, at his the contributor's option, either an annuity
having a reserve equal
to the amount deposited or a cash refund of such amounts together
with such interest as may have been allowed by the public
employees retirement board at the end of each calendar year.
Such deposits for additional annuity together with such interest
as may have been allowed by the public employees retirement board
at the end of each calendar year shall be refunded in the event
of death prior to retirement or withdrawal of accumulated
contributions as provided in sections 145.40 and 145.43 of the
Revised Code or upon application of the contributor prior to age
and service retirement. For deposits received in a calendar year,
interest shall be earned beginning on the first day of the calendar year next
following and ending on the last day of that year,
except that in the case of a
payment under this division
made prior to the last day of a year, interest shall be earned ending on the
last day of the month prior to the date of payment.
The board shall credit interest at the end of the calendar year in which it is
earned. (D) The income fund is the fund from which interest is
transferred and credited on the amounts in the funds described in
divisions (B), (C), and (F) of this section, and is a contingent
fund from which the special requirements of the funds may be paid
by transfer from this fund. All income derived from the
investment of funds by the public employees retirement board as
trustee under section 145.11 of the Revised Code, together with
all gifts and bequests, or the income therefrom, shall be paid
into this fund. Any deficit occurring in any other fund that will not be
covered by payments to that fund, as otherwise provided in
Chapter 145. of the Revised Code, shall be paid by transfers of
amounts from the income fund to such fund or funds. If the
amount in the income fund is insufficient at any time to meet the
amounts payable therefrom, the amount of the deficiency, with
regular interest, shall be paid by an additional employer rate of
contributions as determined by the actuary, not to exceed
fourteen per cent, and the amount of the additional employer
contribution shall be credited to the income fund. The public employees retirement board may accept gifts and
bequests. Any funds that may come into possession of the public
employees retirement board in this manner, or which may be
transferred from the employees' savings fund by reason of lack of
a claimant, or any surplus in any fund created by this section,
or any other funds whose disposition is not otherwise provided
for, shall be credited to the income fund. (E) The expense fund is the fund from which shall be paid
the expenses of the administration of this chapter, exclusive of
amounts payable as retirement allowances and as other benefits. (F) The survivors' benefit fund is the fund from which
shall be paid dependent survivor benefits provided by section
145.45 of the Revised Code. Sec. 145.31. Except as provided in this section, a member or
former member of the public
employees retirement system with at least eighteen months of
contributing service credit in this system, the state teachers
retirement system, the school employees retirement system, the
Ohio police and
fire pension fund, or the state
highway patrol retirement system, after the withdrawal of
accumulated contributions and cancellation of service credit in this
system,
may restore such service credit by redepositing in the employees'
savings fund the amount withdrawn, with interest on such amount
compounded annually at a rate to be determined by the public
employees retirement board from the first day of the month of
withdrawal to and including the month of redeposit. The
amount redeposited shall be credited as follows: (A) The amount that equals the amount, if any, included
under
section 145.401 of the Revised Code in the withdrawal of
accumulated contributions under section 145.40 of the Revised Code shall be credited to the
employers' accumulation fund. (B) The remaining amount shall be credited to the member's
account in the employees' savings fund. The
member may choose to purchase only part of such credit in any one
payment, subject to board rules. The
Except for any amount included
under section 145.401 of the Revised Code in the withdrawal of accumulated contributions
under section 145.40 of the Revised Code, the
total payment to restore
canceled service credit, plus any interest credited thereto,
shall be considered as accumulated contributions of the member.
If a former member is eligible to buy the service credit as a member of the
Ohio police and fire
pension fund or state highway patrol
retirement system, the former member is ineligible to restore that service
credit under this section. Any employee who has been refunded the employee's
accumulated contributions to the public employees retirement system solely by
reason of membership in a former firemen's relief and pension
fund or a former police relief and pension fund may restore
membership in the public employees retirement system by
redepositing with the system the amount refunded, with interest
on such amount compounded annually at a rate to be determined by
the board from the month of refund to and including the month of
redeposit. The member may choose to purchase only part of such
credit in any one payment, subject to board rules. Sec. 145.37. (A) As used in this section: (1) "State retirement system" means the public employees
retirement system, school employees retirement system, or state
teachers retirement system. (2) "Total service credit" means all service credit earned
in the state retirement systems, except credit for service
subject to section 145.38 of the Revised Code. Total service
credit shall not exceed one year of credit for any twelve-month
period. (3) In addition to the meaning given in division (N) of
section 145.01 of the Revised Code, "disability benefit" means
"disability benefit" as defined in sections 3307.01 and 3309.01
of the Revised Code. (B) To coordinate and integrate membership in the state
retirement systems, the following provisions apply: (1) At the option of a member, total contributions and
service credit in all state retirement systems, including amounts
paid to restore service credit under sections 145.311,
3307.711, and 3309.261
of the Revised Code, shall be used in
determining the eligibility and total retirement or disability
benefit payable. When total contributions and service credit are
so combined, the following provisions apply: (a) Age and service retirement or disability benefits are
effective on the first day of the month immediately following the
later of: (i) The last day for which compensation was paid; (ii) The attainment of minimum age or service credit
eligibility for benefits provided under this section. (b) In determining eligibility for a disability benefit,
the medical examiner's report to the retirement board of any
state retirement system, showing that the member's disability
incapacitates the member for the performance of duty, may be
accepted by
the state retirement boards as sufficient for granting a
disability benefit. (c) The state retirement system in which the member had
the greatest service credit, without adjustment, shall determine
and pay the total retirement or disability benefit. Where the
member's
credit is equal in two or more state retirement systems, the
system having the largest total contributions of the member shall
determine and pay the total benefit. (d) In determining the total credit to be used in
calculating a retirement or disability benefit, credit shall not
be reduced below that certified by the system or systems
transferring credit, except that such total combined service
credit shall not exceed one year of credit for any one "year" as
defined in the law of the system making the calculation. (e) The state retirement system determining and paying a
retirement or disability benefit shall receive from the other
system or systems the member's refundable account at retirement
or the effective date of a disability benefit plus an equal
amount from the employer's employers' accumulation fund
equal to the member's refundable account less interest credited under
section 145.471, 145.472, or 3307.563 of the Revised Code. (i) The annuity rates and mortality tables of the state
retirement system making the calculation and paying the benefit
shall be exclusively applicable. (ii) Deposits made for the purpose of an additional
annuity, and including guaranteed interest, upon the request of
the member, shall be transferred to the state retirement system
paying the benefit. The return upon such deposits shall be that
offered by the state retirement system making the calculation and
paying the benefit. (2) A former member receiving a retirement or disability
benefit under this section, who accepts employment amenable to
coverage in any state retirement system that participated in the
former member's
combined benefit, shall be subject to the applicable provisions
of law governing such re-employment. If the former member is
subject to section 3307.35 of the Revised Code and
exceeds the
limits on re-employment established by that section, the state
retirement system paying a combined benefit shall terminate the
entire pension portion of the benefit for the period of
re-employment that exceeds the limit in that section. If a
former member should be paid any amount in a retirement benefit,
to which the former member is not entitled under the
applicable provisions of
law governing such re-employment, such amount shall be recovered
by the state retirement system paying such benefit by utilizing
any recovery procedure available under the code provisions of the
state retirement system covering such re-employment. (C) A PERS retirant or other system retirant, as defined
in section 145.38 of the Revised Code, is not eligible to receive
any benefit under this section for service subject to section
145.38 of the Revised Code. Sec. 145.38. (A) As used in this section: (1) "PERS retirant" means a former member of the public
employees retirement system who is receiving either of the following: (a) Age and service retirement benefits under section
145.32, 145.33, 145.331, 145.34, or 145.46 of the Revised Code; (b) Age and service retirement benefits paid by the public
employees retirement system under section 145.37 of the Revised
Code. (2) "Other system retirant" means both of the following: (a) A member or former member of the Ohio police and
fire pension fund, state teachers retirement system,
school employees retirement system, state highway patrol
retirement system, or Cincinnati retirement system who is
receiving age and service or commuted age and service retirement
benefits or a disability benefit from a system of which the
person is a member or former member; (b) A member or former member of the public employees
retirement system who is receiving age and service retirement
benefits or a disability benefit under section 145.37 of the
Revised Code paid by the school employees retirement system or
the state teachers retirement system. (B)(1) Subject to this section, a PERS retirant or other
system retirant may be employed by a public employer. If so
employed, the PERS retirant or other system retirant shall
contribute to the public employees retirement system in
accordance with section 145.47 of the Revised Code, and the
employer shall make contributions in accordance with section
145.48 of the Revised Code. (2) A public employer that employs a PERS retirant or
other system retirant, or enters into a contract for services as
an independent contractor with a PERS retirant who was employed
by the public employer at the time of the retirant's
retirement shall notify the retirement board of the employment or contract
not
later than the end of the month in which the employment or contract
commences. Any overpayment of benefits to a PERS retirant by the
retirement system resulting from delay or failure of the employer
to give the notice shall be repaid to the retirement system by
the employer. (3) On receipt of notice from a public employer that a
person who is an other system retirant has been employed, the
retirement system shall notify the retirement system of which the
other system retirant was a member of such employment. (4)(a) A PERS retirant who
has received a retirement
allowance for less than six two
months when employment subject to
this section commences shall forfeit the retirement allowance for
the period that begins on the date the employment commences and
ends on the earlier of the date the employment terminates or the
date that is six two months after the date on which the
retirement allowance commenced. Service and
contributions for
that period shall not be included in calculation of any benefits
payable to the PERS retirant
and those contributions shall be
refunded on the retirant's death or termination of the
employment. For purposes of this division, "employment" shall include
service
for which the retirant or the retirant's employer, or both, have waived any
earnable salary for such service. (b) An other system retirant who has received a retirement
allowance or disability benefit for less than two
months when employment subject to this section commences shall
forfeit the retirement allowance or disability benefit for the
period that begins on the date the employment commences and ends
on the earlier of the date the employment terminates or the date
that is two months after the date on which the
retirement allowance or disability benefit commenced. Service
and contributions for that period shall not be included in the
calculation of any benefits payable to the other system retirant
and those contributions shall be refunded on the retirant's
death or termination of the employment. (5) On receipt of notice from the Ohio police and
fire pension fund, school employees retirement
system,
or state teachers retirement system of the re-employment of a
PERS retirant, the public employees retirement system shall not pay,
or if paid, shall recover, the amount to be forfeited by the PERS
retirant in accordance with section 742.26, 3307.35,
or 3309.341
of the Revised Code. (6) A PERS retirant who enters into a contract to provide
services as an independent contractor to the employer by which
the retirant was employed at the time of retirement or, less
than two months after the retirement allowance commences, begins
providing services as an independent contractor pursuant to a contract with
another public employer, shall forfeit the pension portion of
the retirement benefit for the period beginning the first day of the
month following the month in which the services begin and ending
on the first day of the month following the month in which the
services end. The annuity portion of the retirement allowance
shall be suspended on the day services under the contract begin
and shall accumulate to the credit of the retirant to be paid in
a single payment after services provided under the contract
terminate. A PERS retirant subject to division (B)(6) of this
section shall not contribute to the retirement system and shall
not become a member of the system. (7) As used in this division, "employment" includes service for
which a PERS retirant or other system retirant, the retirant's
employer, or both, have waived any earnable salary for the service. (C)(1) Except as provided in division (C)(4) of this
section, a PERS retirant employed pursuant to this
section
shall elect one of the following: (a) To receive both compensation for the
employment and a retirement allowance;
(b) To receive compensation for the employment and
forfeit the pension portion of the retirement allowance.
(2) A PERS retirant who is described in
division (C)(4)
of this section or elects to forfeit the pension
portion of the retirement allowance under, prior to the
effective date of this amendment, made an election under division
(C)(1)(b)
of this section shall become a new as that division existed
immediately prior to the effective date of this amendment, and a
PERS retirant who elects under Section 6 of Am.
Sub. S.B. No. 144 of the
123rd general assembly elects to be subject
to this section is a
member of the public employees
retirement system with all the rights, privileges, and
obligations of membership, except that the new membership does
not include survivor benefits provided pursuant to section 145.45
of the Revised Code or, beginning on the ninetieth day after the effective
date of this amendment, any amount calculated under section 145.401 of the Revised Code
The pension portion of the PERS retirant's
retirement allowance shall cease on the first day of the first
month following commencement of the employment and shall
thereafter be forfeited until the first day of the first month
following termination of the employment. The annuity portion of
the retirement allowance shall be suspended on the first day of
the first month following commencement of the employment and
shall thereafter accumulate to the credit of the
PERS retirant to
be paid in a single payment after termination of the employment.
The retirement allowance shall resume on the first day of the
first month following termination of the employment. On
termination of the employment, the PERS retirant
shall elect to
receive either a refund of the retirant's contributions to
the retirement
system during the period of employment subject to this section or
a supplemental retirement allowance based on the retirant's
contributions and service credit for that period of employment.
(3) Except as provided in division (B)(4) of this section,
there shall be no suspension or forfeiture of any portion of the
retirement allowance payable to other system retirants or toPERSretirants who make an election under division (C)(1)(a) of this
section.
(4) A PERS retirant shall elect division
(C)(1)(b) of this section if both of the following apply:
(a) The retirant held elective office in this state, or in any
municipal corporation, county, or other subdivision of this state at the time
of retirement under Chapter 145. of the Revised Code;
(b) The retirant was elected or appointed to the same office for
the remainder of the term or the term immediately following the term during
which the retirement occurred.
(D)(1) On termination of employment under this section,
the an other system retirant or a PERS retirant who
makes an election under
is not subject to
division (C)(1)(a)
of this section or other system retirant may file an application
with the public employees retirement system for a benefit under
this division, which. The benefit shall consist of a
single life annuity
having a reserve equal to the amount of the retirant's accumulated
contributions for the period of employment, other than the
contributions excluded pursuant to division (B)(4) of this
section, and an equal amount of
the employer's contributions. The PERS retirant or other system
retirant shall elect either to receive the benefit as a monthly
annuity for life or a lump-sum payment discounted to the
present value using the current actuarial assumption rate of
interest, except that if the monthly annuity would be less
than twenty-five dollars per month, the retirant shall receive a
lump-sum payment. (2) A benefit payable under this division shall commence
on the latest of the following: (a) The last day for which compensation for employment
subject to this section was paid; (b) Attainment by the PERS retirant or other system
retirant of age sixty-five; (c) If the PERS retirant or other system retirant was
previously employed under this section and is receiving or
previously received a benefit under this division, completion of
a period of twelve months since the effective date of the last
benefit under this division. (3)(a) If a PERS retirant or other system retirant dies
while employed in employment subject to this section, a lump-sum
payment calculated in accordance with division (D)(1) of
this
section shall be paid to the retirant's beneficiary under
division (G) of this section. (b) If at the time of death a PERS retirant or other
system retirant receiving a monthly annuity has received less
than the retirant would have received as a lump-sum payment,
the difference between the amount received and the amount that
would have been received as a lump-sum payment shall be paid to
the retirant's beneficiary under division (G) of this
section. (4)(a) A PERS retirant or other system retirant subject to
this division is not a member of the public employees retirement
system, does not have any of the rights, privileges, or
obligations of membership, except as specified in this section,
and, except as specified in division (D)(4)(b) of this
section,
is not eligible to receive health, medical, hospital, or surgical
benefits under section 145.58 of the Revised Code for employment
subject to this section. No amount received under this division
shall be included in determining an additional benefit under
section 145.323 of the Revised Code or any other post-retirement
benefit increase. (b) A PERS retirant who makes an election under subject to
this division
(C)(1)(a) of this section shall receive
primary health, medical,
hospital, or surgical insurance coverage from the retirant's employer, if the
employer provides coverage to other employees performing
comparable work. Neither the employer nor the PERS retirant may
waive the employer's coverage, except that the PERS retirant may
waive the employer's coverage if the retirant has coverage comparable to
that provided by the employer from a source other than the
employer or the public employees retirement system. If a claim
is made, the employer's coverage shall be the primary coverage
and shall pay first. The benefits provided under section 145.58
of the Revised Code shall pay only those medical expenses not
paid through the employer's coverage or coverage the PERS
retirant receives through a source other than the retirement
system. (E) If the disability benefit of an other system retirant
employed under this section is terminated, the retirant shall
become a member of the public employees retirement system, effective on
the first day of the month next following the termination with
all the rights, privileges, and obligations of membership. If
such person, after the termination of the disability benefit,
earns two years of service credit under this system or under the
Ohio police and fire
pension fund, state teachers
retirement system, school employees retirement system, or state
highway patrol retirement system, the person's prior contributions as an
other system retirant under this section shall be included in the person's
total service credit as a public employees retirement system
member, and the person shall forfeit all rights and benefits of this
section. Not more than one year of credit may be given for any
period of twelve months. (F) A PERS retirant who performs services for a
public
employer as an independent contractor pursuant to a contract with
the employer shall not make contributions to the public employees
retirement system or become a member of the system. Except as
provided in division (B)(6) of this section, there shall be no
suspension or forfeiture of the retirant's retirement allowance.
(G)(F) A PERS retirant or other system retirant
employed
under this section may designate one or more persons as
beneficiary to receive any benefits payable under this section
due to death. The designation shall be in writing duly
executed on a form provided by the public employees retirement
board, signed by the PERS retirant or other system retirant, and
filed with the board prior to death. The last designation of
a beneficiary revokes all previous designations. The PERS
retirant's or other system retirant's marriage, divorce, marriage
dissolution, legal separation, withdrawal of account, birth of
a child, or adoption of a child revokes all previous
designations. If there is no designated beneficiary, the
beneficiary is the beneficiary determined under division (D) of
section 145.43 of the Revised Code. If any benefit payable under
this section due to the death of a PERS retirant or other system
retirant is not claimed by a beneficiary within five years after
the death, the amount payable shall be transferred to the income
fund and thereafter paid to the beneficiary or the estate of the
PERS retirant or other system retirant on application to the board.
(H)(G) This section does not affect the receipt of benefits
by or eligibility for benefits of any person who on August 20,
1976, was receiving a disability benefit or service retirement
pension or allowance from a state or municipal retirement system
in Ohio and was a member of any other state or municipal
retirement system of this state.
(I)(H) The public employees retirement board may adopt rules
to carry out this section.
Sec. 145.383. (A) As used in this section: (1) "Compensation" has the same meaning as in section 3307.01 or
3309.01 of the Revised Code, as appropriate. (2) "PERS position" means a position for which a member of the
public employees retirement system is making contributions to the
system. (3) "Other state retirement system" means the state teachers
retirement system or the school employees retirement system. (4) "State retirement system" means the public employees
retirement system, state teachers retirement system, or the school
employees retirement system. (B)(1) A member of the public employees retirement system who
holds two or more PERS positions may retire under section 145.32,
145.33, 145.331, 145.34, 145.37, or 145.46 of
the Revised Code
from the position for which the annual earnable salary at the time of
retirement is highest and
continue to contribute to the retirement system for the other
PERS position or positions. (2) A member of the public employees retirement system who also
holds one or more other positions covered by the other state retirement
systems may retire under section 145.32, 145.33, 145.331, 145.34,
145.37, or 145.46 of the Revised Code from the
PERS
position and
continue contributing to the other state retirement systems if the annual
earnable salary for the PERS position at the time of retirement is
greater than
annual compensation for the position, or any of the positions, covered by the
other
state retirement
systems. (3) A member of the public employees retirement system who holds
two or more PERS positions and at least one other position covered
by one of the other state retirement systems may retire under section 145.32,
145.33, 145.331, 145.34, 145.37, or 145.46
of the Revised Code from one of the PERS
positions and continue
contributing to the public employees retirement system and the other
state retirement system if the annual earnable salary for the
PERS position from which the member is retiring is, at the time of
retirement,
greater than the annual compensation or earnable salary for any of the
positions for
which the member is continuing to make contributions. (4) A member of the public employees retirement system who has
retired as provided in division (B)(2) or (3) of section 3307.351
or division (B)(2) or (3) of section 3309.343 of the Revised
Code
may continue to contribute to the public employees retirement system for
a PERS position if the member held the position at the time
of retirement from the other state retirement system. (5) A member who contributes to the public employees retirement
system in accordance with division (B)(1), (3), or (4) of this
section shall contribute in accordance with section 145.47 of the
Revised Code. The member's employer shall
contribute as provided in section 145.48 of the Revised
Code. Neither the member nor the member's
survivors are eligible for any benefits based on those
contributions other than those provided under this section or
section 3307.351 or 3309.343 of the Revised Code. (C)(1) In determining retirement eligibility and the annual
retirement allowance of a member who retires as provided in division
(B)(1), (2), or (3) of this section, the following shall be
used to the date of retirement: (a) The member's earnable salary and compensation for all
positions covered by a state retirement system; (b) Total service credit in any state retirement system, except
that the credit shall not exceed one year of credit for any period of
twelve months; (c) All contributions, including amounts paid to purchase service
credit and amounts paid to restore service credit under sections 145.311,
3307.711, and 3309.261 of
the Revised Code. (2) A member who retires as provided in division (B)(1), (2), or
(3) of this section is a retirant for all purposes of this
chapter, except that the member is not subject to section 145.38
of the Revised Code for a position or positions for which
contributions continue under those divisions or division (B)(4) of
this section. (D) On retirement from a position for which contributions were
made under division (B)(1), (3), or (4) of this section, the
retired member is eligible for a benefit consisting of a single life annuity
having a reserve equal
to the amount of the retired member's accumulated contributions under
division (B)(1), (3), or (4) of this section plus an equal
amount of the employer's contributions. The retired member shall elect either
to receive
the benefit as a monthly annuity for life or a lump-sum payment discounted to
the present
value using the current actuarial assumption rate of interest,
except that if the annuity would be less than twenty-five dollars
per month, the retired member shall receive a lump-sum payment. A benefit payable under this division commences on the later of the first
day
of the first month following the last day for which the retired member
contributed under division (B)(1), (3), or (4) of this section or
attainment by the retired member of age sixty-five. A retired member receiving a benefit under this division is not a
member of the public employees retirement system and does not have any
rights, privileges, or obligations of membership. No amounts received
under this division shall be included in determining an increase
under section 145.323 of the Revised Code or any other
post-retirement benefit increase. The retired member is a PERS
retirant for purposes of section 145.38 of the Revised
Code. (E) If a member contributing toward a benefit under division
(D)
of this section dies before receiving the benefit, a lump sum calculated in
accordance with that division shall be paid to the beneficiary designated
under
division (F) of this section. If a retired member receiving a monthly annuity under division (D)
of this section dies before receiving an amount equal to the
lump-sum payment that would be paid under that division, the difference
between the amount received and the amount that would have been
paid as a lump-sum payment shall be paid to the beneficiary
designated under division (F) of this section. (F) A retired member may designate one or more persons as
beneficiary to receive any benefits payable under division (E) of
this section due to death. The designation shall be in writing duly executed on a form provided by
the public employees retirement system, signed by the retired
member and filed with the board prior to death. The last
designation of the beneficiary revokes all previous designations.
The retired member's marriage, divorce, marriage termination,
legal separation, or birth or adoption of a child revokes all
previous designations. If there is no designated beneficiary, the
beneficiary is the beneficiary determined under division (D) of
section 145.43 of the Revised Code. If any benefit payable under
this section due to the death of a retired member is not claimed
by a beneficiary within five years after death, the amount payable
shall be transferred to the income fund and thereafter paid to the
beneficiary or the estate of the retired member on application to
the system. (G) The public employees retirement board may adopt rules to
carry out this section. Sec. 145.40. (A)(1) Subject to the provisions of section 145.57
of the Revised Code, if a member elects to become exempt from
contribution to the public employees retirement system pursuant
to section 145.03 of the Revised Code or ceases to be a public
employee for any cause other than death, retirement, receipt
of a disability benefit, or election of an alternative retirement
plan under section 3305.05 of the Revised Code, upon application the
public employees
retirement board shall pay the member the accumulated
contributions standing to the credit of the member's individual
account in
the employees' savings fund, plus any principal payment and
interest on it the member may have made to purchase additional
service
credit under this chapter or Section 4 of Substitute Senate Bill
138 of the 117th general assembly, and plus any applicable amount
calculated under section 145.401 of the Revised Code, provided that all the
following apply: (1)(a) Three months have elapsed since the
member's public service,
other than service exempted from contribution pursuant to section
145.03 of the Revised Code, was terminated;
(2)(b) The member has not returned to public service, other
than service exempted from contribution pursuant to section
145.03 of the Revised Code, during that three-month period;
(3)(c) The member is not a member of the school employees
retirement system or the state teachers retirement system.
The payment of such accumulated contributions shall cancel
the total service credit of such member in the public employees
retirement system. (2) notwithstanding division (a)(1)
of this section, division (B) of section 145.401 of the Revised Code, and the
DEFINITION of "accumulated
contributions" in division (J) of section 145.01 of the Revised Code, the
accumulated
contributions paid to a member under this division for service as a sheriff,
deputy sheriff, or
township constable or police officer in a township police department or
district shall not include
interest credited to the member's account under section 145.471 or
145.472 of the Revised Code, nor shall the member be paid any
amount calculated under section 145.401 of the revised Code,
if
the member by continuing to contribute for that service would be eligible
to retire under division (B) of section 145.33 of the
revised Code prior to age
fifty-two with no reduction in benefits. (3) A member described in division (A)(1) of this
section
who is married at the time of application for payment and is eligible for age
and service retirement under section 145.32, 145.33, 145.331, or
145.34 of the Revised Code shall submit with the application
a written statement by the member's spouse attesting that the spouse consents
to the payment of the member's accumulated
contributions. Consent shall be valid only if it is signed and witnessed
by a notary public. (B) This division applies to any member who ceases to be a public
employee by electing an alternative retirement plan pursuant to section
3305.05 of the Revised Code and is not otherwise employed as a public employee
in a position
to which the election does not apply. For purposes of this division,
"continuously employed" has the same meaning as in section 3305.01 of the
Revised Code. (1) Subject to section 145.57 of the Revised Code, on the application of a
member to whom
this division applies who is continuously employed, the public employees
retirement board shall pay the accumulated contributions standing to the
credit of the member's individual account in the employees' savings fund, plus
any additional amounts described in division (A) of this section, to
the entity providing the member's alternative retirement plan for application
to that plan in accordance with any contract the member has entered into for
purposes of that plan. (2) Subject to section 145.57 of the Revised Code, on application of a member
to whom
this division applies who has ceased to be continuously employed, the public
employees retirement board shall pay the accumulated contributions
standing to the credit of the member's individual account in the employees'
savings fund, plus any additional amounts described in division
(A) of this section, to the entity providing the member's alternative
retirement plan for application to that plan in accordance with any contract
the member has entered into for purposes of that plan, provided that all of
the following apply: (a) At least three months have elapsed since the date on which
the member ceased to be continuously employed; (b) The member has not been employed as a public employee during
that three-month period; (c) Division (A)(3) of this section applies to the
member. (3) Payment of a member's accumulated contributions under this
division cancels the member's total service credit in the public
employees retirement system. Sec. 145.401. (A) As used in this section: (1) "Eligible contributions" means amounts contributed under
section 145.47 of the Revised Code, amounts received from a
member or transferred under section 145.20, 145.295, 145.302, or 145.44 of the
Revised
Code, and any interest credited under
section 145.471 or 145.472 of the Revised Code.
"Eligible contributions" does not include
contributions that were used in the payment of a disability benefit or,
as provided in rules adopted by the board, were refunded to a member
because the system was not authorized to accept the contributions. (2) "Service credit" means service credit earned for periods for which
contributions were made under section 145.47 of the Revised
Code and, if applicable, periods for which service credit was
purchased or transferred under section 145.20, 145.295, 145.302, or 145.44 of
the Revised Code. (B) If a member has, or at the time of death had, at least five
years of service credit, the public employees retirement board shall
include the amount specified in division (B)(1) or (2) of
this section in the amount payable under section 145.40 of the Revised Code to
the member, or
under division (B) of section 145.43 of the Revised Code to a
beneficiary or beneficiaries of the member, unless at the time of death the
member was a disability
benefit recipient. The amount specified in division (B)(1) or (2)
of this section shall be paid from the employers' accumulation
fund. (1) If the member has, or had at the time of death, at least five
but less than ten years of service credit, the amount included shall be equal
to thirty-three per cent of the
member's eligible contributions. (2) If the member has, or had at the time of death, at least ten
years of service credit, the amount included shall be equal to sixty-seven per
cent of the member's eligible
contributions. Sec. 145.43. (A) As used in this section and in section 145.45 of the
Revised Code: (1) "Child" means a
biological or legally adopted child of a deceased member. If a court hearing
for an interlocutory decree for adoption was held prior to the member's death,
"child" includes the child who was the subject of the hearing notwithstanding
the fact that the final decree of adoption, adjudging the surviving spouse as
the adoptive parent, is made subsequent to the member's death. (2) "Parent" is a
parent or legally adoptive parent of a deceased
member. (3) "Dependent" means a beneficiary who receives one-half
of the beneficiary's support from a member during the twelve
months prior to the member's death. (4) "Surviving spouse" means an individual who
establishes a valid marriage to a member at the time of the
member's death by marriage certificate or pursuant to division
(E) of this section. (5) "Survivor" means a surviving spouse, child, or
parent. (B) Except as provided in division (C)(1) of
section
145.45 of the Revised Code, should a member
die before age and service retirement,
the member's accumulated contributions, any deposits for
purchase of
additional annuity, and any payment the member has made to
restore
previously forfeited service credit as provided in section 145.31
of the Revised Code, and any applicable amount calculated under section
145.401 of the Revised Code, shall be paid to the person or persons
the member has designated in writing duly executed on a form
provided by
the public employees retirement board, signed by the member,
and filed
with the board prior to the member's death. A member may
designate two or
more persons as beneficiaries jointly to be paid the accumulated
account in a lump sum. The last designation of any beneficiary
revokes all previous designations. The member's marriage,
divorce, marriage dissolution, legal separation, or withdrawal of
account, or the birth of the member's child, or
adoption of a child,
shall constitute an automatic revocation of the member's
previous designation. If a deceased member was also a member of the
school employees retirement system or the state teachers
retirement system, the beneficiary last established among the
systems shall be the sole beneficiary in all the systems. If the accumulated contributions of a deceased member are
not claimed by a beneficiary or by the estate of the deceased
member within five years, the contributions
shall be transferred
to the income fund and thereafter paid to the beneficiary
or to
the member's estate upon application to the board. The board
shall formulate and adopt the necessary rules governing all
designations of beneficiaries. (C) Except as provided in division (C)(1) of section
145.45 of the Revised Code, if a member
dies before age and service retirement and
is not survived by a designated beneficiary, any
beneficiaries shall
qualify in the following order of precedence,
with all attendant rights and privileges: (1) Surviving spouse; (2) Children share and share alike; (3) A dependent parent of a member, if that parent
takes survivor benefits under division (B) of section
145.45 of
the Revised Code; (4) Parents, share and share alike; (5) Estate. If the beneficiary is deceased or is not located within
ninety days, the beneficiary ceases to qualify for any benefit
and the beneficiary next in order of precedence shall qualify as
a beneficiary. Any payment made to a beneficiary as determined by the
public employees retirement board shall be a full discharge and
release to the board from any future claims. (D) Any amount due a retirant or disability benefit recipient
receiving a monthly benefit
and unpaid to the retirant or recipient at
death shall be paid to the beneficiary
designated in writing on a form approved by the board, signed by
the retirant or recipient and filed with the board. If no such
designation
has been filed, or if the designated beneficiary is not located within
ninety days, any amounts
payable under this chapter due to the death of the retirant or
recipient shall
be paid in the following order of precedence to the retirant's or
recipient's: (1) Surviving spouse; (2) Children, share and share alike; (3) Parents, share and share alike; (4) Estate. The payment shall be a full discharge and release to the
board from any future claim for the payment. Any amount due a beneficiary receiving a monthly benefit
and unpaid to the beneficiary at the
beneficiary's death shall be paid to the beneficiary's
estate. (E) If the validity of marriage cannot be established to
the satisfaction of the retirement board for the purpose of
disbursing any amount due under this section or section 145.45 of
the Revised Code, the board may accept a decision rendered by a
court having jurisdiction in the state in which the member was
domiciled at the time of death that the relationship constituted
a valid marriage at the time of death, or the "spouse" would have
the same status as a widow or widower for purposes of sharing the
distribution of the member's intestate personal property. (F) If the death of a member is caused by one of the
following beneficiaries, no amount due under this chapter to the beneficiary
shall be paid to the beneficiary in the absence of a
court order to the contrary filed with the board: (1) A beneficiary who is convicted of, pleads guilty to,
or is found not guilty by reason of insanity of a violation of
or complicity in the violation of either of the
following: (a) Section 2903.01, 2903.02, or 2903.03 of the
Revised Code; (b) An existing or former law of any other state,
the United
States, or a foreign nation
that is substantially equivalent to
section 2903.01, 2903.02, or 2903.03 of the
Revised Code;. (2) A beneficiary who is indicted for a violation of or
complicity in the violation of the sections or laws described in
division (F)(1)(a) or
(b) of this section and is adjudicated incompetent to stand trial; (3) A beneficiary who is a juvenile found to be a
delinquent child by reason of committing an act that, if
committed by an adult, would be a violation of or complicity in
the violation of the sections or laws described in
division (F)(1)(a) or
(b) of this section. Sec. 145.471. (A)(1) On and after the effective date of this
section, the public employees retirement board shall credit interest to the
individual accounts of contributors, except
that interest shall not be credited to the individual account of
a PERS or other system retirant, as defined in section
145.38 of the Revised Code, for contributions received
during the period described in division (B)(4)(a)
or (b) of section 145.38 of the
Revised Code. For amounts deposited by a contributor under
division (C) of
section 145.23 of the Revised Code, interest shall be
credited in accordance with that section. (2) Except as provided in section 145.472 of the Revised Code, the board shall not credit
interest to individual accounts for the period beginning
December 31, 1958, and ending on the effective date of this section. (B) For contributions received in a calendar year,
interest shall be earned beginning on the first day of the calendar year next
following and ending on the last day of that year,
except that interest shall be earned, in the case of an
application for retirement or payment under section
145.40 or 145.43 of the Revised Code, ending on the last day of
the month prior to retirement or payment under those sections.
The board shall credit interest at the end of the calendar year in which it is
earned. Sec. 145.472. This section applies to individuals who are contributors on
the effective date of this section. (A) Not later than thirty days after the effective date of this
section, the board shall credit interest to the individual
account of each contributor in accordance with this section,
except that interest shall not be credited to the individual account of
a PERS or other system retirant, as defined in section 145.38
of the Revised Code, for contributions received during the
period described in division (B)(4)(a) or
(b) of section 145.38 of the
Revised Code. For amounts deposited by a contributor under
division (C) of section 145.23 of the Revised Code, interest shall be credited in
accordance with that section. For contributors with service credit earned prior to December 31,
1981, the board may reflect the compounding of
interest by using factors provided by the board's actuary. (B) The interest credited under this section shall be calculated
on all amounts
on deposit in an individual's account in the employees' savings fund as
follows: (1) If this section takes effect on or before
December 31, 2000, interest shall be calculated on amounts on deposit
on December 31, 1998. (2) If this section takes effect after December 31, 2000,
interest shall be calculated on amounts on deposit on December 31,
1999. Sec. 145.473. (A) Except as provided in division (C) of
this section, the rate of interest credited to individual
accounts of contributors under sections 145.471 and 145.472 of the Revised Code shall be as
follows: (1) Four per cent per annum, compounded annually, to and
including December 31, 1955; (2) Three per cent per annum, compounded annually, from
January
1, 1956, to and including December 31, 1963; (3) Three and one-quarter per cent per annum, compounded
annually, from January 1, 1964, to and including December
31, 1969; (4) Four per cent per annum, compounded annually, from
January 1, 1970, to and including the day before the effective date
of this section; (5) An amount determined by the public employees retirement board
that is not greater than six per cent per annum, compounded annually, on and
after the effective date of this section. (B) Except as provided in division (C) of this section,
for the purpose of determining the reserve value of a
contributor's annuity, the rate of interest shall be as follows: (1) Four per cent per annum, compounded annually, for
contributors retiring before October 1, 1956; (2) Three per cent per annum, compounded annually, for
contributors retiring on or after October 1, 1956, but before
January 1, 1964; (3) Three and one-quarter per cent per annum, compounded
annually, for contributors retiring on or after January 1, 1964, but
before January 1, 1970; (4) Four per cent per annum, compounded annually, for
contributors retiring on or after January 1, 1970, but
before the effective date of this section; (5) An amount determined by the board based on the recommendation of the
board's actuary, compounded annually, for contributors retiring on or
after the effective date of this section. (C) For a PERS retirant who makes an election under
division (C)(1)(a) of section 145.38 of
the Revised Code or an other system retirant, as those terms
are defined in section 145.38 of the Revised Code, the rate
of interest shall be the current actuarial assumption rate of interest, as
determined by the board's actuary, for the purposes
described in divisions (A) and (B) of this section. Sec. 742.26. (A) As used in this section: (1) "Actuarial present value" means the calculation under
which the probability of occurrence, based on a specified
mortality table, and the discount for future monetary growth at a
specified interest rate are considered by an actuary to determine
the value of an annuity. (2) "Other system retirant" means a former member of the
public employees retirement system, state teachers retirement
system, school employees retirement system, state highway patrol
retirement system, or Cincinnati retirement system who is
receiving a disability benefit or an age and service or commuted
age and service retirement benefit or allowance from a system of
which the person is a former member. (3) "OPFPF retirant" means any person
who is receiving a
retirement allowance, other than a disability benefit, from the
Ohio police and fire pension fund. (B) The mortality table and interest rate used in
determining actuarial present value shall be determined by the
board of trustees of the fund based on the recommendations of an
actuary employed by the board. (C)(1) An OPFPF retirant
or other system retirant may be
employed as a member of a police or fire department. If so
employed, the retirant shall make contributions to the fund
in accordance
with section 742.31 of the Revised Code, and the employer shall
make contributions in accordance with sections 742.33 and 742.34
of the Revised Code. (2) An employer that employs an
OPFPF retirant or other
system retirant shall notify the board of trustees of the fund of
the employment not later than the end of the month in which the
employment commences. On receipt of notice from an employer that
a person who is an other system retirant has been employed, the
fund shall notify the retirement system of which the other system
retirant was a member of such employment. (D) An OPFPF retirant or other
system retirant who has
received a retirement allowance or benefit for less than two
months when employment subject to this section commences shall
forfeit the retirement allowance or benefit for the period
that begins on the date the employment commences and ends on the earlier of
the date the employment terminates or the date
that is two months after the date on which the retirement
allowance or benefit commenced. Service and contributions for
that period shall not be included in the calculation of any
benefits payable under this section, and those contributions
shall be refunded on the retirant's death or termination of
the employment. (E) On receipt of notice from the public employees
retirement system, school employees retirement system, or state
teachers retirement system of the re-employment of
an OPFPF
retirant, the Ohio police and fire pension fund
shall not pay, or if paid shall recover, the amount to be
forfeited by the OPFPF retirant in
accordance with section
145.38, 3307.35, or 3309.341 of the Revised Code. (F)(1)(a) On termination of employment under this section,
an OPFPF retirant or
other system retirant shall elect one of the
following: (i) A monthly annuity the actuarial present value of which
is equal to two times the sum of all amounts deducted from the
salary of the OPFPF retirant or other
system retirant and
credited to the retirant's individual account in the fund, other
than contributions excluded pursuant to division (D) of this
section,
together with
interest credited thereon at the rate determined by the board,
provided the annuity equals or exceeds twenty-five dollars per
month. (ii) A lump-sum payment equal to two times the sum of all
amounts deducted from the salary of the
OPFPF retirant or other
system retirant and credited to the retirant's individual
account in the
fund, other than contributions excluded pursuant to division
(D) of this section, together with interest credited thereon at
the rate
determined by the board. (b) Interest shall be credited to accounts only at the
time of calculation of a benefit payable under division (F)(1) of
this section. (2) A benefit payable under this division shall commence
on the first day of the month immediately after the latest of the
following: (a) The last day for which compensation for employment
subject to this section was paid; (b) Attainment by the OPFPF retirant or
other system
retirant of age sixty; (c) If the OPFPF retirant or other
system retirant was
previously employed under this section and is receiving or
previously received a benefit under this division, completion of
a period of twelve months since the last benefit paid under this
section commenced. (3) No amount received under this division shall be
included in determining an additional benefit under section
742.3711, 742.3716, or 742.3717 of the Revised Code or any other
post-retirement benefit increase. (G)(1) If an OPFPF
retirant or other system retirant dies
while employed in employment subject to this section, a lump-sum
payment calculated in accordance with division (F)(1)(a)(ii) of
this section shall be paid to the retirant's surviving
spouse, or if there
is no surviving spouse, to the retirant's estate. (2) If at the time of death
an OPFPF retirant or other
system retirant receiving a monthly annuity under division
(F)(1)(a)(i) of this section has received less than would have
been received as a lump-sum payment under division (F)(1)(a)(ii)
of
this section, the difference between the amount received and
the amount that would have been received as a
lump-sum
payment shall be paid to the retirant's surviving spouse, or
if there is no surviving spouse, to the retirant's estate. (H) An other system retirant subject to this section is
not a member of the Ohio police and fire pension
fund, does not have any of the rights, privileges, or obligations
of membership, except as specified in this section, and is not
eligible to receive health, medical, hospital, or surgical
benefits under section 742.45 of the Revised Code for employment
subject to this section. (I) If any payment is made by the Ohio police and
fire pension fund to
an OPFPF retirant or other system
retirant to which the retirant is not entitled,
the retirant shall
repay it to the fund. If the retirant fails to make the
repayment, the fund shall withhold
the amount due from any allowances or other amounts due the
OPFPF retirant or other system retirant. (J) An OPFPF retirant
who is employed under this
section is
not eligible to receive any benefits under section 742.37 of the
Revised Code for the employment under this section. (K) This section does not affect the receipt of benefits
by or eligibility for benefits of any person who on August 20,
1976, was receiving a disability benefit or service retirement
pension or allowance from a state or municipal retirement system
in Ohio and was a member of any other state or municipal
retirement system of this state. (L) The board of trustees of the fund may adopt rules to
carry out this section. Sec. 3307.31. Payments by boards of education and governing authorities
of community schools to the
state teachers retirement system, as
provided in sections 3307.29 and
3307.291 of the Revised Code,
shall be made from the amount allocated under section 3314.08 or
Chapter 3317. of
the Revised Code prior to its distribution to the individual
school districts or community schools. The amount due from each school
district or community school shall
be certified by the secretary of the system to the superintendent
of public instruction monthly, or at such times as may be
determined by the state teachers retirement board. The superintendent shall deduct, from the amount allocated
to each district or community school under section 3314.08 or
Chapter 3317. of the Revised Code, the
entire amounts due to the system from such district or school upon the
certification to the superintendent by the secretary
thereof. The superintendent shall certify to the director of budget
and management the amounts thus due the system for payment. Sec. 3307.35. (A) As used in this section, "other system retirant" means a
member or former member of the public employees retirement system, Ohio police
and fire pension fund, school employees
retirement system, state highway patrol retirement system, or
Cincinnati retirement system who is receiving age and service or
commuted age and service retirement, or a disability benefit from
a system of which the retirant is a member or former member. (B) A superannuate may be employed for temporary service
as a teacher, provided: (1) At least two months have elapsed since the effective
date of the superannuate's retirement under this chapter.
(2) Such employment does not exceed eighty-five school
days, or the equivalent thereof in fractional service, during any
school year.
(C) A superannuate may be employed as a full-time teacher,
provided:
(1) The superannuate has received an allowance
or benefit
from the state
teachers retirement system under this chapter for at least eighteen
months.
(2) The employer requests the board of the
state teachers retirement system to authorize such employment.
(D) An or other system retirant may be employed as a
teacher,
provided at least two months have elapsed since the effective
date of the retirant's retirement or receipt of a disability
benefit.
(E) If a (C) A superannuate or other system retirant
is employed
in accordance with division (B), (C), or (D) of this section,
the superannuate or retirant shall contribute to the state teachers
retirement system in
accordance with section 3307.26 of the Revised Code
and the
employer shall contribute in accordance with sections
3307.28 and
3307.31 of the Revised Code. Such contributions shall
be
received as specified in section 3307.14 of the
Revised Code. A
superannuate or other system retirant employed as a teacher is
not a member of the state teachers retirement system, does not
have any of the rights, privileges, or obligations of membership,
except as provided in this section, and is not eligible to
receive health, medical, hospital, or surgical benefits under
section 3307.39 of the Revised Code for employment subject to
this section.
(F)(D) The employer that employs a superannuate or other
system retirant shall notify the state teachers retirement board
of the employment not later than the end of the month in which
the employment commences. Any overpayment of benefits to a
superannuate by the retirement system resulting from an
employer's failure to give timely notice may be charged to the
employer and may be certified and deducted as provided in section
3307.31 of the Revised Code.
(G)(E) On receipt of notice from an employer that a person
who is an other system retirant has been employed, the state
teachers retirement system shall notify the state retirement
system of which the other system retirant was a member of such
employment.
(H)(F) A superannuate or other system retirant who has
received an allowance or benefit for less
than the applicable period under division (B), (C), or (D) of
two months when employment subject to this section when employment
as a teacher commences shall
forfeit the allowance or benefit for any
month the superannuate or retirant is employed prior to the
expiration of such the period that begins on the date the
employment commences and ends on the earlier of the date the employment
terminates or the date that is two months after the date on which the
allowance or benefit commenced
Contributions shall be made to the retirement system from the
first day of such employment, but service and contributions for
that period shall not be used in the calculation of any benefit
payable to the superannuate or other system retirant, and those
contributions shall be refunded on the superannuate's or
retirant's death or termination of
the employment. Contributions made on compensation earned after
the expiration of such period shall be used in calculation of the
benefit or payment due under this section.
(I)(G) On receipt of notice from the Ohio police and
fire pension fund, public employees retirement
system,
or school employees retirement system of the re-employment of a
superannuate, the state teachers retirement system shall not pay,
or if paid shall recover, the amount to be forfeited by the
superannuate in accordance with section 145.38, 742.26, or
3309.341 of the Revised Code.
(J)(H)(1) On termination of employment under this section, a
superannuate or other system retirant may file an application
with the state teachers retirement system for a benefit under
this division, which. The benefit shall consist of a
single life annuity
having a reserve equal to the amount of the superannuate's or
retirant's accumulated
contributions, as defined in section 3307.50 of the Revised Code, for
the period of employment, other than the contributions excluded
pursuant to division (F) of this section, and an equal
amount
from the employers' trust created by section 3307.14
of the
Revised Code, plus interest credited to the date of retirement at
the then current actuarial rate of interest. The superannuate or
other system retirant shall elect either to receive the benefit
as a monthly annuity for life or a lump-sum payment
discounted to the present value using the current actuarial
assumption rate of interest, except that if the monthly annuity
would be less than twenty-five dollars per month the superannuate
or retirant shall receive
a lump-sum payment.
(2) A benefit payable under this division shall commence
on the latest of the following: (a) The last day for which compensation for employment as
a teacher was paid; (b) Attainment by the superannuate or other system
retirant of age sixty-five; (c) If the superannuate or other system retirant was
previously employed under this section and previously received or
is receiving a benefit under this division, completion of a
period of twelve months since the effective date of the last
benefit under this division. (3)(a) If a superannuate or other system retirant dies
while employed in employment subject to this section, a lump-sum
payment calculated in accordance with division (J)(H)(1) of
this
section shall be paid to the beneficiary designated under
division (D) of section 3307.562 of the Revised Code. (b) If at the time of death a superannuate or other
system retirant receiving a monthly annuity has received less
than the superannuate or retirant would have received as a
lump-sum payment, the difference
between the amount received and the amount that
would have been
received as a lump-sum payment shall be paid to the
superannuate's or retirant's beneficiary
designated under division (D) of section 3307.562 of
the Revised
Code. (4) No amount received under this section shall be
included in determining an additional benefit under section
3307.67 of the Revised Code or any other
post-retirement benefit
increase. (K)(I) If the disability benefit of an other system retirant
employed under this section is terminated, the retirant shall
become a
member of the state teachers retirement system, effective on the
first day of the month next following the termination, with all
the rights, privileges, and obligations of membership. If such
person, after the termination of the retirant's disability
benefit, earns
two years of service credit under this retirement system or under
the public employees retirement system, Ohio police and
fire pension fund, school employees retirement
system,
or state highway patrol retirement system, the retirant's
prior
contributions as an other system retirant under this section
shall be included in the retirant's total service credit, as defined
in section 3307.50 of the Revised Code, as
a state teachers
retirement system member, and the retirant shall forfeit all
rights and
benefits of this section. Not more than one year of credit may
be given for any period of twelve months.
(L)(J) A superannuate shall not receive the portion of an
allowance or
benefit that is
attributable to contributions made under section 3307.28 of the Revised Code
for any
period for which the
superannuate is
compensated under a private contract, or through an independent
contractor, whereby the superannuate is to perform personal
or professional
services for the employer by which the superannuate was
employed at the time of
retirement.
(M)(K) This section does not affect the receipt of benefits
by or eligibility for benefits of any person who on August 20,
1976, was receiving a disability benefit or service retirement
pension or allowance from a state or municipal retirement system
in Ohio and was a member of any other state or municipal
retirement system of this state.
(N)(L) The state teachers retirement
board may make the necessary rules to carry into effect
this
section and to prevent the abuse of the rights and privileges
thereunder.
Sec. 3307.351. (A) As used in this section: (1) In addition to the meaning in section 3307.01 of the Revised
Code, when appropriate "compensation" has the same
meaning as in section 3309.01 of the Revised Code. (2) "Earnable salary" has the same meaning as in section 145.01
of the Revised Code. (3) "STRS position" means a position for which a member of the
state teachers retirement system is making contributions to the
system. (4) "Other state retirement system" means the public employees
retirement system or the school employees retirement system. (5) "State retirement system" means the public employees
retirement system, state teachers retirement system, or the school
employees retirement system. (B)(1) A member of the state teachers retirement system who holds
two or more STRS positions may retire under section 3307.57,
3307.58, or 3307.60 of the Revised Code from the position
for
which the annual compensation at the time of retirement is highest and
continue to contribute to
the retirement system for the other STRS position or
positions. (2) A member of the state teachers retirement system who also
holds one or more other positions covered by the other state retirement
systems may retire under section 3307.57, 3307.58, or 3307.60 of the
Revised Code from the STRS position and continue
contributing to the other state retirement systems if the annual
compensation for the STRS position at the time of retirement is
greater than annual
compensation or earnable salary for the position, or any of the positions,
covered by the other state
retirement
systems. (3) A member of the state teachers retirement system who holds
two or more STRS positions and at least one other position covered
by one of the other state retirement systems may retire under
section 3307.57, 3307.58, or 3307.60 of the Revised Code
from one
of the STRS positions and continue contributing to the state
teachers retirement system and the other state retirement system if the annual
compensation for the
STRS position from which the member is retiring is, at the time of
retirement, greater than
the annual compensation or earnable salary for any of the positions for which
the member is
continuing to make contributions. (4) A member of the state teachers retirement system who has
retired as provided in division (B)(2) or (3) of section 145.383
or division (B)(2) or (3) of section 3309.343 of the Revised
Code
may continue to contribute to the state teachers retirement system for an
STRS position if the member held the position at the time
of retirement from the other state retirement system. (5) A member who contributes to the state teachers retirement
system in accordance with division (B)(1), (3), or (4) of this
section shall contribute in accordance with section 3307.26 of the
Revised Code. The member's employer shall contribute as
provided in section 3307.28 of the Revised Code. Neither
the member nor the member's survivors are eligible for
any benefits based on those contributions other than those
provided under this section or section 145.383 or 3309.343 of the
Revised Code. (C)(1) In determining retirement eligibility and the annual
retirement allowance of a member who retires as provided in division
(B)(1), (2), or (3) of this section, the following shall be
used to the date of retirement: (a) The member's earnable salary and compensation for all
positions covered by a state retirement system; (b) Total service credit in any state retirement system, except
that the credit shall not exceed one year of credit for any period of
twelve months; (c) All contributions, including amounts paid to purchase service
credit and amounts paid to restore service credit under sections 145.311,
3307.711, and 3309.261 of
the Revised Code. (2) A member who retires as provided in division (B)(1), (2), or
(3) of this section is a retirant for all purposes of this chapter, except
that the member is not subject to section 3307.35 of
the Revised Code for a position or positions for which
contributions continue under those divisions or division (B)(4) of
this section. (D) On retirement from a position for which contributions were
made under division (B)(1), (3), or (4) of this section, the
retired member is eligible for a benefit consisting of a single
life annuity having a reserve equal to the amount of the retired
member's accumulated contributions under division (B)(1), (3), or
(4) of this section plus an equal amount of the employer's contributions plus
interest credited to the date of retirement at the current actuarial rate of
interest. The
retired member shall
elect either to receive the benefit as a monthly annuity for life or a
lump-sum payment discounted
to the present value using the current actuarial assumption rate
of interest, except that if the annuity would be less than
twenty-five dollars per month, the retired member shall receive a
lump-sum payment. A benefit payable under this division commences on the later of the first
day
of the first month following the last day for which the retired member
contributed under division (B)(1), (3), or (4) of this section or
attainment by the retired member of age sixty-five. A retired member receiving a benefit under this division is not a
member of the state teachers retirement system and does not have any
rights, privileges, or obligations of membership. No amounts received
under this division shall be included in determining an increase
under section 3307.67 of the Revised Code or any other
post-retirement benefit increase. The retired member is a superannuate
for purposes of section 3307.35 of the Revised Code. (E) If a member contributing toward a benefit under division
(D)
of this section dies before receiving the benefit, a lump sum calculated in
accordance with that division shall be paid to the beneficiary designated
under
division (F) of this section. If a retired member receiving a monthly annuity under division (D)
of this section dies before receiving an amount equal to the lump-sum payment
that would be paid under that division, the difference
between the amount received and the amount that would have been
paid as a lump-sum payment shall be paid to the beneficiary
designated under division (F) of this section. (F) A retired member may designate one or more persons as
beneficiary to receive any benefits payable under division (E) of
this section due to death. The designation shall be in writing
duly executed on a form provided by the state teachers retirement
system, signed by the retired member and filed with the board
prior to death. The last designation of the beneficiary revokes
all previous designations. The retired member's marriage,
divorce, marriage termination, legal separation, or birth or
adoption of a child revokes all previous designations. If there
is no designated beneficiary, the beneficiary is the beneficiary
determined under division (D) of section 3307.562 of the
Revised
Code. If any benefit payable
under this section due to the death of a retired member is not
claimed by a beneficiary within five years after death, the amount
payable shall be transferred to the guarantee fund and thereafter
paid to the beneficiary or the estate of the retired member on
application to the system. (G) The state teachers retirement board may adopt rules to carry
out this section. Sec. 3307.53. The state teachers retirement board
shall
credit a year of service to any teacher participating in the plan described
in sections 3307.50 to 3307.79 of the Revised Code who is employed on a
full-time basis in a school district for the number of months the
regular day schools of such district are in session in said
district within any year. The board shall adopt appropriate
rules and regulations for the determination of credit for less
than a complete year of service, and shall be the final authority
in determining the number of years of service credit. The board
shall credit not more than one year for all service rendered in
any year. If concurrent contributions are made to two or more
retirement systems, except in the case of retirement as provided in section
3307.351 of the Revised Code, service credit shall be on the basis of the
ratio that contributions to this system bear to the total
contributions in all such systems. The board shall adopt rules for the purpose of determining the
number of years or partial years of service credit to be granted to a
member under section 3307.88 of the Revised Code. The
amount of
service credit shall be based on the member's length of participation in
and contribution to a plan established under section 3307.81 of the
Revised Code. The board shall be the final authority in
determining the amount of service credit. Sec. 3307.57. To coordinate and integrate membership
in
the state retirement systems, the following provisions apply: (A) As used in this section: (1) "Retirement systems" means the public employees
retirement system, state teachers retirement system, and
school employees retirement system. (2) In addition to the meaning given in
section 3307.50 of the Revised Code, "disability
benefit" means
"disability benefit" as defined in sections 145.01 and 3309.01 of
the Revised Code. (B) At the option of a member participating in the plan
described in sections 3307.50 to 3307.79 of the Revised Code, total
contributions and
service credit in all retirement systems, including amounts paid to
restore service credit under sections 145.311, 3307.282
3307.711, and 3309.261
of the Revised Code, shall be used in
determining the eligibility for benefits. If total contributions
and service credit are combined, the following provisions apply: (1) Service retirement or a disability benefit is
effective on the first day of the month next following the later
of: (a) The last day for which compensation was paid; (b) The attainment of minimum age or service credit for
benefits provided under this section. (2) "Total service credit" includes the total credit in
all retirement systems except that such credit shall not exceed
one year for any period of twelve months. (3) In determining eligibility for a disability benefit,
the medical examiner's report to the board of any retirement
system, showing that the member's disability incapacitates the
member
for the performance of duty, may be accepted as sufficient for
granting a disability benefit. (4) The retirement system in which the member had the
greatest service credit, without adjustment, shall determine and
pay the total benefit. If the member's credit is equal in
two or more
retirement systems, the system having the member's largest total
contributions shall determine and pay the total benefit. (5) In determining the total credit to be used in
calculating a benefit, credit shall not be reduced below that
certified by the system or systems transferring credit, except
that such total combined service credit shall not exceed one year
of credit for any one "year" as defined in the statute governing
the system making the calculation. (6) The retirement system determining and paying the
benefit shall receive from the other system or systems the
member's refundable account at retirement or the effective date
of a disability benefit plus an equal amount from the employers'
trust fund equal to the member's refundable account less interest credited
under section 145.471, 145.472, or 3307.563 of the Revised Code. (a) The annuity rates and mortality tables of the
retirement system making the calculation and paying the benefit
shall be applicable. (b) Deposits made for the purchase of additional income,
with guaranteed interest, upon the member's request, shall be
transferred to the retirement system paying the regular benefit.
The return upon such deposits shall be that offered by the
retirement system making the calculation and paying the regular
benefit. (C) A person receiving a benefit under this section, who
accepts employment amenable to coverage in any retirement system
that participated in the person's combined benefit, shall be
subject to
the applicable provisions of law governing such re-employment. If the
person
is subject to section 3307.35 of the Revised Code
and exceeds the limits on re-employment established by that
section, the retirement system paying a combined benefit shall
terminate the entire pension portion of the benefit for the
period of re-employment that exceeds the limit in that section. If a retirant should be paid any amount to which the retirant
is not
entitled under the applicable provisions of law governing such
re-employment, such amount shall be recouped by the retirement
system paying such benefit by utilizing any recovery procedure
available under the law of the retirement system covering such
re-employment. Sec. 3307.771. As used in this section, "regular
employment" means a
consistent pattern of employment for twelve or more consecutive weeks by the
same employer during the year. A member of the state teachers retirement system participating in the plan
described in sections 3307.50 to 3307.79 of the Revised Code who prior
to July 1, 1982, was granted a leave of absence for pregnancy or
resigned due to pregnancy or adoption of a child may purchase service
credit for a period for which
she the member did not make contributions under section 3307.26
of the Revised Code.
Service credit
purchased under this section shall not exceed the lesser of two years or the
period from the day the leave commenced or the effective date of resignation
to the date of the member's return to regular employment as a contributor to
the retirement system. A member may purchase credit for more than one period
of absence due to pregnancy or adoption, but the total service credit
purchased under this
section, former section 3307.513, and former section 3307.514 of
the Revised Code shall not exceed two
years. The member shall submit evidence satisfactory to the retirement board
documenting that the leave or resignation was due to pregnancy or adoption
of a child. For each year of service credit purchased under this section, the member
shall pay to the system for credit to her the member's
accumulated account an amount
determined by multiplying the employee rate of contribution in effect at the
time the leave or absence commenced by her the member's annual
compensation for full-time
employment during the first year of service in Ohio following
termination of the absence or leave and adding to that amount interest
compounded annually, at a rate established by the board, from the date the
absence or leave terminated to the date of payment. A member may purchase all or part of the credit for which she the
member is eligible
in one or more payments. A member who purchases service credit for an absence
or leave under this section may not purchase credit for that absence or leave
under section 3307.77 of the Revised Code. A member
who has purchased service credit for an
absence or leave under former section 3307.513
or 3307.514 or section 3307.77 of the Revised Code may not
purchase credit under this section for the same period of absence or leave. The state teachers retirement board may adopt rules to implement this
section. >Sec. 3309.30. For service subsequent to June 30, 1955, the retirement board
shall credit a year of service credit to any member employed on a full-time
basis for nine or more months of service within a year. For contributing and
prior service before July 1, 1955 only eight or more months of service on a
full-time basis within a year will be necessary for a year of service credit.
Effective July 1, 1977, full-time service is defined as one hundred twenty or
more days of school service during the school year. If less than one hundred
twenty days, such service shall be prorated on the basis of one hundred eighty
days. The board shall adopt rules as necessary to carry out the intent of
this section. The board shall credit not more than one year for all service
rendered in any year. Where a member is also a member of the state teachers retirement system, the
public employees retirement system, or both, then at retirement, other than
retirement on a combined bases as provided in section 3309.35 of the Revised
Code or as provided in section 3309.343 of the Revised Code, adjustment shall be made
so that service credit for any period shall be
credited on the basis of the ratio that contributions to the school employees
retirement system bears to the total contributions in all the retirement
systems during that period. Sec. 3309.341. (A) As used in this section: (1) "SERS retirant" means any person who is receiving a
retirement allowance from the school employees retirement system
under section 3309.36, 3309.38, or 3309.381 of the Revised Code. (2) "Other system retirant" means a member or former
member of the public employees retirement system, Ohio police
and fire pension fund, state teachers retirement
system, state highway patrol retirement system, or Cincinnati
retirement system who is receiving age and service or commuted
age and service retirement, or a disability benefit from a system
of which the retirant is a member or former member. (B)(1) An SERS retirant or other system retirant may be
employed by a public employer. If so employed, the SERS retirant
or other system retirant shall contribute to the school employees
retirement system in accordance with section 3309.47 of the
Revised Code, and the employer shall make contributions in
accordance with section 3309.49 of the Revised Code. (2) An employer that employs an SERS retirant or other
system retirant shall notify the retirement board of the
employment not later than the end of the month in which the
employment commences. On receipt of notice from an employer that
a person who is an other system retirant has been employed, the
school employees retirement system shall notify the state
retirement system of which the other system retirant was a member
of such employment. (C) An SERS retirant or other system retirant who has
received a retirement allowance or disability benefit for
less
than two months when employment subject to this section commences
shall forfeit the retirement allowance or disability benefit
for
the period that begins on the date the employment commences and
ends on the earlier of the date the employment terminates or the
date that is two months after the date on which the
retirement allowance or disability benefit commenced. Service
and contributions for that period shall not be included in the
calculation of any benefits payable to the SERS retirant or other
system retirant, and those contributions shall be refunded on
death or termination of the employment. (D) On receipt of notice from the Ohio police and
fire pension fund, public employees retirement
system,
or state teachers retirement system of the re-employment of an
SERS retirant, the school employees retirement system shall not pay,
or if paid shall recover, the amount to be forfeited by the SERS
retirant in accordance with section 145.38, 742.26, or
3307.35 of the Revised Code. (E)(1) On termination of employment under this section, an
SERS retirant or other system retirant may file an application with
the school employees retirement system for a benefit under this
division, which. The benefit shall consist of a single
life annuity having a
reserve equal to the amount of the retirant's accumulated
contributions for
the period of employment, other than the contributions excluded
pursuant to division (C) of this section, and an equal
amount of the employer's
contributions, plus interest credited to the date of retirement
at the rate provided in division (I)(2) of section 3309.01 of the
Revised Code. The SERS retirant or other system retirant shall
elect either to receive the benefit as a monthly annuity for
life or a lump-sum payment discounted to the present value using
the current actuarial assumption rate of interest, except that if
the monthly annuity would be less than twenty-five dollars
per
month, the retirant shall receive a lump-sum payment. (2) A benefit payable under this division shall commence
on the first day of the month after the latest of the following: (a) The last day for which compensation for employment
subject to this section was paid; (b) Attainment by the SERS retirant or other system
retirant of age sixty-five; (c) If the SERS retirant or other system retirant was
previously employed under this section and is receiving or
previously received a benefit under this division, completion of
a period of twelve months since the effective date of that
benefit. (3) An SERS retirant or other system retirant subject to
this section is not a member of the school employees retirement
system; does not have any of the rights, privileges, or
obligations of membership, except as specified in this section;
and is not eligible to receive health, medical, hospital, or
surgical benefits under section 3309.69 of the Revised Code for
employment subject to this section. No amount received under
this division shall be included in determining an additional
benefit under section 3309.374 of the Revised Code or any other
post-retirement benefits. (F)(1) If an SERS retirant or other system retirant dies
while employed in employment subject to this section, a lump-sum
payment calculated in accordance with division (E)(1) of this
section shall be paid to the beneficiary under division (H) of
this section. (2) If at the time of death an SERS retirant or other
system retirant receiving a monthly annuity has received less
than the retirant would have received as a lump-sum
payment,
the difference
between the amount received and the amount that
would have been
received as a lump-sum payment shall be paid to the
retirant's beneficiary
under division (H) of this section. (G) If the disability benefit of an other system retirant
employed under this section is terminated, the retirant shall
become a
member of the school employees retirement system, effective on
the first day of the month next following the termination, with
all the rights, privileges, and obligations of membership. If
the retirant, after the termination of
the
disability benefit,
earns two years of service credit under this retirement system or
under the public employees retirement system, Ohio police and
fire pension fund, state teachers
retirement
system, or state highway patrol retirement system, the
retirant's prior
contributions as an other system retirant under this section
shall be included in the retirant's total service credit as
a school
employees retirement system member, and the retirant shall
forfeit all
rights and benefits of this section. Not more than one year of
credit may be given for any period of twelve months. (H) An SERS retirant or other system retirant employed
under this section may designate one or more persons as
beneficiary to receive any benefits payable under this section
due to death. The designation shall be in writing duly
executed on a form provided by the school employees retirement
board, signed by the SERS retirant or other system retirant, and
filed with the board prior to death. The last designation of
a beneficiary revokes all previous designations. The SERS
retirant's or other system retirant's marriage, divorce, marriage
dissolution, legal separation, withdrawal of account, birth of
the retirant's child, or adoption of a child revokes all
previous
designations. If there is no designated beneficiary, the
beneficiary is the beneficiary designated under division (D) of
section 3309.44 of the Revised Code. If any benefit payable
under this section due to the death of an SERS retirant or other
system retirant is not claimed by a beneficiary within five years
after the death, the amount payable shall be transferred to the
guarantee fund and thereafter paid to the beneficiary or the
estate of the SERS retirant or other system retirant on
application to the board. (I) This section does not affect the receipt of benefits
by or eligibility for benefits of any person who on August 29,
1976, was receiving a disability benefit or service retirement
pension or allowance from a state or municipal retirement system
in Ohio and was a member of any other state or municipal
retirement system of this state. (J) The school employees retirement board may adopt rules
to carry out this section. Sec. 3309.343. (A) As used in this section: (1) In addition to the meaning in section 3309.01 of the Revised
Code, when appropriate "compensation" has the same
meaning as in section 3307.01 of the Revised Code. (2) "Earnable salary" has the same meaning as in section 145.01
of the Revised Code. (3) "SERS position" means a position for which a member of the
school employees retirement system is making contributions to the
system. (4) "Other state retirement system" means the public employees
retirement system or the state teachers retirement system. (5) "State retirement system" means the public employees
retirement system, state teachers retirement system, or the school
employees retirement system. (B)(1) A member of the school employees retirement system who
holds two or more SERS positions may retire under section 3309.35,
3309.36, 3309.38, or 3309.46 of the Revised Code from the
position
for which the annual compensation at the time of retirement is highest and
continue to contribute
to the retirement system for the other SERS position or
positions. (2) A member of the school employees retirement system who also
holds one or more other positions covered by the other state retirement
systems may retire under section 3309.35, 3309.36, 3309.38, or 3309.46
of the Revised Code from the SERS position and
continue
contributing to the other state retirement systems if the annual
compensation for the SERS position at the time of retirement is
greater than annual
compensation or earnable salary for the position, or any of the positions,
covered by the other state retirement
systems. (3) A member of the school employees retirement system who holds
two or more SERS positions and at least one other position covered
by one of the other state retirement systems may retire under section
3309.35, 3309.36, 3309.38, or 3309.46 of the Revised Code
from one of the SERS positions and continue contributing to the
school employees retirement system and the other state retirement system if
the annual compensation
for the SERS position from which the member is retiring is, at the
time of retirement, greater
than the annual compensation or earnable salary for any of the positions for
which the member is
continuing to make contributions. (4) A member of the school employees retirement system who has
retired as provided in division (B)(2) or (3) of section 145.383
or division (B)(2) or (3) of section 3307.351 of the Revised
Code
may continue to contribute to the school employees retirement system for
an SERS position if the member held the position at the
time of retirement from the other state retirement system. (5) A member who contributes to the school employees retirement
system in accordance with division (B)(1), (3), or (4) of this
section shall contribute in accordance with section 3309.47 of the
Revised Code. The member's employer shall contribute as
provided in section 3309.49 of the Revised Code. Neither
the member nor the member's survivors are eligible for
any benefits based on those contributions other than those
provided under this section or section 145.383 or 3307.351 of the
Revised Code. (C)(1) In determining retirement eligibility and the annual
retirement allowance of a member who retires as provided in division
(B)(1), (2), or (3) of this section, the following shall be
used to the date of retirement: (a) The member's earnable salary and compensation for all
positions covered by a state retirement system; (b) Total service credit in any state retirement system, except
that the credit shall not exceed one year of credit for any period of
twelve months; (c) All contributions, including amounts paid to purchase service
credit and amounts paid to restore service credit under sections 145.311,
3307.711, and 3309.261 of
the Revised Code. (2) A member who retires as provided in division (B)(1), (2), or
(3) of this section is a retirant for all purposes of this chapter, except
that the member is not subject to section 3309.341 of
the Revised Code for a position or positions for which
contributions continue under those divisions or division (B)(4) of
this section. (D) On retirement from a position for which contributions were
made under division (B)(1), (3), or (4) of this section, the
retired member is eligible for a benefit consisting of a single life annuity
having a reserve equal
to the amount of the retired member's accumulated contributions under
division (B)(1), (3), or (4) of this section plus an equal
amount of the employer's contributions plus interest credited to the date of
retirement at the rate provided in division (I)(2) of section 3309.01
of the Revised Code. The retired member shall elect either
to receive
the benefit as a monthly annuity for life or a lump-sum payment discounted to
the present
value using the current actuarial assumption rate of interest,
except that if the annuity would be less than twenty-five dollars
per month, the retired member shall receive a lump-sum payment. A benefit payable under this division commences on the later of the first
day
of the first month following the last day for which the retired member
contributed under division (B)(1), (3), or (4) of this section or
attainment by the retired member of age sixty-five. A retired member receiving a benefit under this division is not a
member of the school employees retirement system and does not have any
rights, privileges, or obligations of membership. No amounts
received under this division shall be included in determining an
increase under section 3309.374 of the Revised Code or any
other
post-retirement benefit increase. The retired member is an SERS
retirant for purposes of section 3309.341 of the Revised
Code. (E) If a member contributing toward a benefit under division
(D)
of this section dies before receiving the benefit, a lump sum calculated in
accordance with that division shall be paid to the beneficiary designated
under
division (F) of this section. If a retired member receiving a monthly annuity under division (D)
of this section dies before receiving an amount equal to the lump-sum payment
that would be paid under that division, the
difference between the amount received and the amount that would have been
paid as a lump-sum payment shall be paid to the
beneficiary designated under division (F) of this section. (F) A retired member may designate one or more persons as
beneficiary to receive any benefits payable under division (E) of
this section due to death. The designation shall be in writing duly executed on a form provided by
the school employees retirement system, signed by the retired member and filed with the board prior
to death. The last designation of the beneficiary revokes all
previous designations. The retired member's marriage, divorce,
marriage termination, legal separation, or birth or adoption of a
child revokes all previous designations. If there is no
designated beneficiary, the beneficiary is the beneficiary
determined under division (D) of section 3309.44 of the
Revised
Code. If any benefit payable under this section due to the death of
a retired member is not claimed by a beneficiary within five
years after death, the amount payable shall be transferred to the
guarantee fund and thereafter paid to the beneficiary or the
estate of the retired member on application to the system. (G) The school employees retirement board may adopt rules to
carry out this section. Sec. 3309.35. (A) As used in this section: (1) "State retirement system" means the public employees
retirement system, state teachers retirement system, or school
employees retirement system. (2) "Total service credit" means all service credit earned
in all state retirement systems, except credit for service
subject to section 3309.341 of the Revised Code. Total service
credit shall not exceed one year of credit for any twelve-month
period. (3) In addition to the meaning given in division (O) of
section 3309.01 of the Revised Code, "disability benefit" means
"disability benefit" as defined in sections 145.01 and 3307.01 of
the Revised Code. (B) To coordinate and integrate membership in the state
retirement systems,
at the option of a member, total contributions and
service credit in all state retirement systems, including amounts
paid to restore service credit under sections 145.311, 3307.711, and 3309.261
of the Revised Code, shall be used in
determining the eligibility and total retirement or disability
benefit payable. When total contributions and service credit are
so combined, the following provisions apply: (1) Service and commuted service retirement or a
disability benefit is effective no sooner than the first day of
the month next following the last day of employment for which
compensation was paid. If the application is filed after that
date, the board may retire the member on the first day of the
month next following the last day of employment for which
compensation was paid. (2) In determining eligibility for a disability benefit,
the medical examiner's report to the retirement board of any
state retirement system, showing that the member's disability
incapacitates the member for the performance of duty, may be
accepted by
the state retirement boards as sufficient for granting a
disability benefit. (3) The state retirement system in which the member had
the greatest service credit, without adjustment, shall determine
and pay the total retirement or disability benefit. Where the
member's
credit is equal in two or more state retirement systems, the
system having the largest total contributions of the member shall
determine and pay the total benefit. (4) In determining the total credit to be used in
calculating a retirement allowance or disability benefit, credit
shall not be reduced below that certified by the system or
systems transferring credit, except that such total combined
service credit shall not exceed one year of credit for any one
"year" as defined in the law of the system making the
calculation. (5) The state retirement system determining and paying a
retirement or disability benefit shall receive from the other
system or systems the member's refundable account at retirement
or the effective date of a disability benefit plus an equal
amount from the employers' trust fund equal to the member's refundable
account less the interest credited under section 145.471, 145.472, or 3307.563
of the Revised Code. (a) The annuity rates and mortality tables of the state
retirement system making the calculation and paying the benefit
shall be exclusively applicable. (b) Deposits made for the purchase of an additional
annuity, and including guaranteed interest, upon the request of
the member, shall be transferred to the state retirement system
paying the retirement or disability benefit. The return upon
such deposits shall be that offered by the state retirement
system making the calculation and paying the retirement or
disability benefit. (C) A former member receiving a retirement or disability
benefit under this section, who accepts employment amenable to
coverage in any state retirement system that participated in the
member's
combined benefit, shall be subject to the applicable provisions
of law governing such re-employment. If the former member is
subject to section 3307.35 of the Revised Code and exceeds the
limits on re-employment established by that section, the state
retirement system paying a combined benefit shall terminate the
entire pension portion of the benefit for the period of
re-employment that exceeds the limit in that section. If a
former member should be paid any amount in a retirement
allowance, to which the former member is not entitled under
the applicable
provisions of law governing such re-employment, such amount shall
be recovered by the state retirement system paying such allowance
by utilizing any recovery procedure available under the code
provisions of the state retirement system covering such
re-employment. (D) An SERS retirant or other system retirant, as defined
in section 3309.341 of the Revised Code, is not eligible to
receive any benefit under this section for service subject to
section 3309.341 of the Revised Code. Sec. 3309.473. (A) Except as provided in division (D)
of this
section, a member of the school employees retirement system who resigned due
to pregnancy or adoption of a child may purchase service credit for a period
following the resignation during which the member did not make
contributions under section 3309.47 of the Revised Code, if
the
member meets both of the following conditions: (1) The member has earned a minimum of one year of service credit
subsequent to the date of the member's return to employment as a
contributor to the system. (2) The member returned to employment as a contributor not later
than the first day of classes of the third school year following the
date of resignation. Service credit purchased under this section may not exceed the
lesser of two years or an amount equal to the period from the effective
date of the resignation to the date of return to employment as a
contributor. Service credit may be purchased for more than one
period of resignation due to pregnancy or adoption of a child, but
the total service credit purchased may not exceed two years. The
member must submit evidence satisfactory to the school employees
retirement board documenting that the resignation was due to
pregnancy or adoption of a child and that the member meets the
requirement in division (A)(1) of this section. (B) For each year of service credit purchased under this
section: (1) The member shall pay to the system for credit to the member's
accumulated account an amount equal to the member's contributions for
full-time employment for the first year of service subsequent to the
member's return to employment as a contributor, plus compound
interest thereon at a rate established by the board, from the date
of the member's return to employment as a contributor to the date
of payment. (2) The member's employer at the time of resignation shall pay an
amount certified by the system, which shall be an amount equal to
the employer contribution for full-time employment for the
member's first year of service subsequent to the member's return
to employment as a contributor, plus compound interest thereon at
a rate established by the board, from the date of the member's
return to employment as a contributor to the date of payment. (C) A member may purchase all or part of the credit for which the
member is eligible in one or more payments. Service credit
purchased under this section shall be included in the member's
total service credit. (D) A member who has purchased service credit under
section 3309.472 of the Revised Code for a period of absence may not purchase credit under
this section for the same period of absence. (E) The board may adopt rules to implement this section. Sec. 3309.51. Each employer shall pay annually into the
employers' trust fund, in such monthly or less frequent
installments as the school employees retirement board requires,
an amount certified by the school employees retirement board,
which shall be as required by Chapter 3309. of the Revised Code. Payments by boards of education and governing authorities of community
schools to the employers' trust
fund of the school employees retirement system may be made from
the amounts allocated under section 3314.08 or Chapter 3317. of the
Revised Code
prior to their distribution to the individual school districts or community
schools. The amount due from each school district or
community school may be certified by the
secretary of the system to the state superintendent of public
instruction monthly, or at such times as is determined by the
school employees retirement board. The superintendent shall deduct from the amount allocated
to each district or community school under section 3314.08 or
Chapter 3317. of the Revised Code the
entire amounts due to the system from such district or school upon the
certification to him the superintendent by the secretary
thereof. Where an employer fails or refuses to make payments to the
employers' trust fund, as provided for under Chapter 3309. of the
Revised Code, on a direct pay basis, the secretary of the school
employees retirement system may certify to the state
superintendent of public instruction, monthly or at such times as
is determined by the school employees retirement board, the
amount due from such employer, and the superintendent shall
deduct from the amount allocated to each district or community school
under section 3314.08 or Chapter
3317. of the Revised Code the entire amounts due to the system
from such districts or schools upon the certification to him
the superintendent
by the
secretary of the school employees retirement system. The superintendent shall certify to the director of budget
and management the amounts thus due the system for payment. SECTION 2 . That existing sections 101.82, 145.01, 145.23, 145.31, 145.37,
145.38,
145.40, 145.43, 742.26, 3307.31, 3307.35, 3307.53, 3307.57, 3307.771, 3309.30,
3309.341, 3309.35, and 3309.51 of the Revised Code are
hereby repealed.
SECTION 3 . That section 145.202 of the Revised Code is hereby repealed.
SECTION 4 . Except as otherwise provided in this section, Sections 1 and 2 of
this act shall take effect on the ninetieth day after the effective date of
this section. Sections 101.82, 145.01, 145.37,
145.38, 145.383, 742.26, 3307.31, 3307.35, 3307.351, 3307.53,
3307.57, 3307.771, 3309.30, 3309.341, 3309.343, 3309.35, 3309.473, and 3309.51
of the Revised
Code, as amended or enacted by this act, shall take effect at the
earliest time permitted by law; however, the amendment of
divisions (I) and (J) of section 145.01, division (B)(1)(e) of
section 145.37, division (B) of section 3307.57, and division (B)
of section 3309.35 of the Revised Code shall not be applied to any
facts occurring before the ninetieth day after the
effective date of this section.
SECTION 5 . A person who, on the effective date of this section
and for a period exceeding two months, is subject to a forfeiture of an
allowance or
benefit pursuant to division (B) of section 145.38 or section
3307.35 of the Revised Code as that division and section existed
immediately prior to the effective date of this section shall
cease to be subject to the forfeiture as follows:
(A) If the person has been subject to the forfeiture for at least
two months, on the effective date of this section; (B) If the person has not been subject to the forfeiture for at
least two months, on the earlier of the date the employment that
caused the forfeiture terminates or the date that is two months
after the date on which the person's allowance or benefit
commenced. SECTION 6 . (A) As used in this section:
(1) "(C)(1)(b) election" means an election made under division
(C)(1)(b) of section 145.38 of the Revised Code as that division
existed immediately prior to the effective date of this section. (2) "Reelected official" means a PERS retirant, as defined in
section 145.38 of the Revised Code, described in division (C)(4)
of that section as that division existed immediately prior to the
effective date of this section. (B) Notwithstanding division (C) of section 145.38 of the Revised
Code, a reelected official who on the effective date of this
section is subject to a (C)(1)(b) election may elect to continue
to be subject to that election or elect to cease to be subject to
that election. If the reelected official elects to cease to be subject to the
(C)(1)(b) election, all of the following apply: (1) Any forfeiture or suspension required by division (C)(2) of
section 145.38 of the Revised Code as that division existed
immediately prior to the effective date of this section that
exceeds the forfeiture required by Section 5 of this act shall
cease on the later of the following: (a) The earlier of the date the employment that caused the
forfeiture and suspension terminates or the date that is two
months after the date on which the person's retirement allowance
commenced; (b) The effective date of this section. (2) The reelected official's retirement allowance that
accumulated to the official's credit pursuant to division (C) of
section 145.38 of the Revised Code shall be paid to the official
in a single payment as soon as possible after the reelected
official elects to cease to be subject to the (C)(1)(b) election. (3) For the purpose of division (D) of section 145.38 of the
Revised Code, the reelected official shall be treated as a
reemployed retirant who made the election under division (C)(1)(a)
of section 145.38 of the Revised Code as that division existed
immediately prior to the effective date of this section. SECTION 7 . The Public Employees Retirement Board and the State Teachers
Retirement Board may each adopt rules
to implement Section 5 of this act. The Public Employees Retirement Board may
adopt rules to implement Section 6 of this act.
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