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(124th General Assembly)
(Substitute Senate Bill Number 119)
AN ACT
To amend sections 145.295, 742.21, 742.371, 742.375,
3307.761, 3309.73, 5505.201, and 5505.40 and to
enact sections 109.761, 145.2913, 742.214,
3307.765,
3309.731, and 5505.41 of the Revised Code
to
permit
multiple transfers of service credit and
contributions between Ohio's state retirement
systems and to require employers of peace officers
to make reports to the Ohio Peace Officer Training
Commission.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 145.295, 742.21, 742.371, 742.375,
3307.761, 3309.73, 5505.201, and 5505.40 be amended and sections
109.761,
145.2913, 742.214, 3307.765, 3309.731, and 5505.41 of the
Revised
Code be enacted to read as follows:
Sec. 109.761. (A)(1) Each agency or entity that appoints or
employs one or more peace officers shall report to the Ohio peace
officer training commission all of the following that occur on or
after the effective date of this section: (a) The appointment or employment of any person to serve the
agency or entity as a peace officer in any full-time, part-time,
reserve, auxiliary, or other capacity; (b) The termination, resignation, felony conviction, or death
of any person who has been appointed to or employed by the agency
or entity as a peace officer in any full-time, part-time, reserve,
auxiliary, or other capacity and is serving the agency or entity
in any of those peace officer capacities. (2) An agency or entity shall make each report required by
this division not later than ten days after the occurrence of the
event being reported. The agency or entity shall make the report
in the manner and format prescribed by the executive director of
the Ohio peace officer training commission. (B) Each agency or entity that appoints or employs one or
more peace officers shall annually provide to the Ohio peace
officer training commission a roster of all persons who have been
appointed to or employed by the agency or entity as peace officers
in any full-time, part-time, reserve, auxiliary, or other
capacity
and are serving, or during the year covered by the report
have
served, the agency or entity in any of those peace officer
capacities. The agency or entity shall provide the roster in the
manner and format, and by the date, prescribed by the executive
director of the Ohio peace officer training commission. (C) The Ohio peace officer training commission shall
prescribe the manner and format of making reports under division
(A) of this section and providing annual rosters under division
(B) of this section and shall prescribe the date by which the
annual rosters must be provided.
Sec. 145.295. (A) As used in this section,
"military
and
section 145.2913 of the Revised Code: (1) "Uniform retirement system" or "uniform system" means
the Ohio police and fire pension fund or state highway patrol
retirement system. (2) "Military
service credit"
means
credit purchased or
obtained under this
chapter or Chapter 742. or
5505. of the
Revised Code for
service
in the armed forces of the United States. (B) A member of the public employees
retirement system who
has contributions on
deposit with, but is no longer contributing
to,
the Ohio
police and
fire pension fund or state highway
patrol
a uniform
retirement system shall, in computing years of service,
be given
full credit for service credit earned under Chapter 742.
or
5505.
of the Revised Code or for military service
credit if a
transfer
to the public employees
retirement system is made
under
this
division. At the request of the member, the
Ohio
police and
fire
pension fund or
the state highway patrol
retirement
uniform
system shall
transfer to the public
employees retirement system,
for each year
of service, the sum of the
following: (1) An amount equal to the member's accumulated
contributions to the
fund or
uniform
system making the transfer,
and any
payments by the member for military
service credit, and
any
amounts paid under section 742.375 or 5505.201 of the Revised
Code
to purchase
service credit; (2) An amount equal to the lesser of the employer's
contributions to the
Ohio police and fire pension
fund or state
highway patrol retirement
uniform system or the amount
that would
have
been contributed by the employer for the service
had the
member
been employed by the member's current employer as a member
of
the
public employees retirement
system at the time the credit
was
earned; (3) Interest, determined as provided in division
(H) of this
section, on the
amounts specified in divisions
(B)(1) and (2) of
this
section
for the period from
the last
day of the year for
which the service credit in
the
transferring fund or
uniform
system was
earned or in which
payment was made for
the
military
service credit
or
credit under section 742.375 or 5505.201
of the
Revised Code was
purchased or obtained
to the date the transfer is
made.
(C) A member of the public employees retirement system
who
has at least eighteen months of contributing service credit with
the
public employees retirement system, who is a former member of
the
Ohio police and
fire
pension fund or state highway patrol
a
uniform
retirement system, and who has
received a refund of the
member's
accumulated contributions to that
fund
or
uniform system
shall, in
computing years of service, be given full
credit for
service
credit earned under Chapter 742. or
5505. of the Revised
Code or
for military service
credit if,
for each year of service,
the
public employees
retirement system receives the sum of the
following: (1) An amount, which shall be paid by the member, equal
to
the amount refunded by
the
Ohio police and fire
pension
fund or
the state highway patrol retirement
uniform system to the member
for that
year
for accumulated
contributions and payments for
military
service credit,
with interest at a rate established by
the public
employees retirement
board on that amount from the date
of the
refund
to the date of the
payment; (2) Interest, which shall be transferred by
the
Ohio police
and
fire pension fund or state highway patrol
retirement
uniform
system,
on the amount refunded to the member that is attributable
to
the
year of service from the last day of the year for which the
service credit
was earned or in which payment was made for
military service credit
to
the date the refund was made; (3) An amount, which shall be transferred by the
Ohio
police
and fire pension fund or state highway
patrol retirement
uniform
system,
equal to the lesser of the employer's
contributions to the
Ohio
police and fire pension
fund or state highway patrol
retirement
uniform
system or
the amount that would have been
contributed by the
employer
for the service had the member been
employed by the
member's current employer as
a member of the
public
employees
retirement system at the time the credit was
earned, with
interest
on that amount from the last
day of the year
for which the service
credit was earned or in which payment
was
made for military
service credit to the date of the
transfer. On receipt of payment from the member, the public
employees
retirement system shall notify the
Ohio police and
fire pension
fund or the state highway
patrol retirement
uniform system, which,
on
receipt of the notice, shall
make the transfer required by this
division. Interest shall be
determined as provided in division
(H) of this section. (D) A member of the public employees
retirement system who
purchased credit under
former division (A)(1)
of this section, as
it existed before August
25, 1995, for service as a member of
the
Ohio police and
fire pension fund or
state highway patrol
a
uniform
retirement system may elect to have
the amount the member
paid for
this service credit refunded to the member
under this
division if
the member agrees to repurchase this service credit
pursuant to
division (C) of this section. (E) Service credit purchased or otherwise obtained under
this section shall be considered the equivalent of Ohio service
credit. A
member may choose to purchase only part of the credit the
member is eligible to purchase under division
(C) of this section
in any
one payment, subject to rules of the public employees
retirement
board. A
member is ineligible to purchase or otherwise
obtain
credit under this section for service to be used in
calculation
of any retirement benefit currently being paid or
payable to the
member in the future
under any other retirement
program or for service credit that may be transferred under
section 145.2913 of the Revised Code. (F) If a member of the public employees retirement system
who is not a current contributor elects to receive credit under
section 742.21 or 5505.40 of
the Revised Code for service for
which the member contributed to the
retirement system or
made
payment for military service
credit,
the
retirement
system shall
transfer to the Ohio police and fire
pension fund or the state
highway patrol retirement system, as
applicable, the amount
specified in division (D) of section
742.21 or division (B)(2) of
section
5505.40 of the Revised Code. (G) A member of the public employees retirement system who
earned service credit in the public employees retirement system
for full-time service as a township or municipal police officer
and received service credit in the Ohio police and
fire pension
fund under section 742.511
or 742.512 of
the Revised Code for such
service may elect to have the credit
restored as public employees
retirement system service credit by
paying the public employees
retirement system an amount equal to
the accumulated contributions
paid by the member to the Ohio
police
and fire pension fund
under
section 742.511
or 742.512 of the Revised Code. When such an
election is made,
the Ohio police and
fire
pension fund shall
transfer to the public employees retirement system the amount
previously transferred under section 742.511 or 742.512 of the
Revised Code from the public employees retirement system to the
Ohio police and fire
pension fund. (H) Interest charged
under this section shall be
calculated
separately for each year of service credit.
Unless otherwise
specified in this section, it shall be
calculated at the
lesser of
the actuarial assumption rate for that year of the
public
employees retirement system or of the
fund or
uniform retirement
system in
which the credit was earned. The interest shall be
compounded
annually. (I) At the request of the public employees retirement
system, the
Ohio police and fire pension fund or state highway
patrol
uniform
retirement system shall certify to the public
employees
retirement
system a copy of the records of the service
and
contributions of a
public employees retirement system member
who
seeks service
credit under this section. Sec. 145.2913. (A) As used in this section, "transferred
service credit" means service credit purchased or obtained under
section 742.21, 742.214, 742.375, 5505.201, 5505.40, or 5505.41 of
the
Revised Code prior to the date a member commenced the
employment
covered by the public employees retirement system for
which the
member is currently contributing to the system. (B) A member of the public employees retirement system who
has contributions on deposit with, but is no longer contributing
to, a uniform retirement system shall, in computing years of
service, be given full credit for transferred service credit if a
transfer to the public employees retirement system is made under
this section. At the request of a member, the uniform system
shall transfer to the public employees retirement system the sum
of the following: (1) An amount equal to the amounts transferred to the
uniform system under section 742.21, 742.214, 742.375, 5505.201,
5505.40, or 5505.41 of the Revised Code; (2) Interest, determined as provided in division (E) of this
section, on the amount specified in division (B)(1) of this
section for the period from the last day of the year in which the
transfer under section 742.21, 742.214, 742.375, 5505.201,
5505.40, or 5505.41 of the Revised Code was made to the date a
transfer is made under this section. (C) A member of the public employees retirement system with
at least eighteen months of contributing service credit with the
public employees retirement system who has received a refund of
contributions to a uniform retirement system shall, in computing
years of service, be given full credit for transferred service
credit if, for each year of service, the public employees
retirement system receives the sum of the following: (1) An amount, which shall be paid by the member, equal to
the amount refunded by the uniform system to the member for that
year for transferred service credit, with interest on that amount
from the date of the refund to the date a payment is made under
this section; (2) Interest, which shall be transferred by the uniform
system, on the amount refunded to the member for the period from
the last day of the year in which the transfer under section
742.21, 742.214, 742.375, 5505.201, 5505.40, or 5505.41 of the
Revised Code was made to the date the refund was made; (3) If the uniform system retained any portion of the amount
transferred under section 742.21, 742.214, 742.375, 5505.201,
5505.40, or 5505.41 of the Revised Code, an amount, which shall be
transferred by the uniform system, equal to the amount retained,
with interest on that amount for the period from the last day of
the year in which the transfer under section 742.21, 742.214,
742.375, 5505.201, 5505.40, or 5505.41 of the Revised Code was
made to the date a transfer is made under this section. On receipt of payment from the member, the public employees
retirement system shall notify the uniform system, which, on
receipt of the notice, shall make the transfer required by this
division. Interest shall be determined as provided in division
(E) of this section. (D) Service credit purchased or obtained under this section
shall be considered the equivalent of Ohio service credit. A
member may choose to purchase only part of the credit the member
is eligible to purchase under division (C) of this section in any
one payment, subject to rules adopted by the public employees
retirement board. A member is ineligible to purchase or obtain
service credit under this section for service to be used in the
calculation of any retirement benefit currently being paid or
payable to the member in the future under any other retirement
program or for service credit that may be purchased or obtained
under section 145.295 of the Revised Code. (E) Interest charged under this section shall be calculated
separately for each year of service credit at the lesser of the
actuarial assumption rate for that year of the public employees
retirement system or of the uniform retirement system to which the
credit was transferred under section 742.21, 742.214, 742.375,
5505.201, 5505.40, or 5505.41 of the Revised Code. The interest
shall be compounded annually. (F) Any amounts transferred or paid under divisions (B) and
(C) of this section that are attributable to contributions made by
the member or to amounts paid to purchase service credit shall be
credited to the employees' savings fund created under section
145.23 of the Revised Code. Any remaining amounts shall be
credited to one or more of the funds created under that section as
determined by the board. (G) At the request of the public employees retirement
system, the uniform retirement system shall certify to the public
employees retirement system a copy of the records of the service
and contributions of a public employees retirement system member
who seeks service credit under this section. The uniform
retirement system shall specify the portions of the amounts
transferred that are attributable to employee contributions,
employer contributions, and interest. (H) If a member of the public employees retirement system
who is not a current contributor elects to receive service credit
under section 742.214 or 5505.41 of the Revised Code for
transferred service credit, as defined in those sections, the
system shall transfer to the uniform retirement system, as
applicable, the amount specified in division (B) or (C) of section
742.214 or division (B) or (C) of section 5505.41 of the Revised
Code. (I) The board may adopt rules to implement this section.
Sec. 742.21. (A) As used in this section and
sections
742.211 to
742.213
742.214 of the Revised Code: (1)
"Full-time service" has the meaning established by
rule
of the board of trustees of the Ohio police and
fire pension fund. (2)
"Military service credit" means
credit for service in
the armed
forces of the United States purchased or obtained from
the
fund,
or from
the Cincinnati retirement system,
public
employees retirement system, school employees retirement
system,
or
state teachers
a non-uniform retirement system. (3) "Non-uniform retirement system" or "non-uniform system"
means the public employees retirement system, school employees
retirement system, or state teachers retirement system. (B) Unless section 742.212 of the Revised Code applies and
except as provided
in division (I) of this section, in computing
the
pension and benefits payable under
section 742.37 or 742.39 of
the Revised Code,
the Ohio police and fire pension fund
shall give
a member of the fund who is in the active service of a
police or
fire department and is not receiving a pension or
benefit payment
from the fund full credit for service credit earned for
full-time
service as a member of the Cincinnati
retirement system or
purchased or
obtained as
military service credit if, for each
year of
service credit, the fund receives the
sum of the
following: (1) An amount, which shall be paid by the member, equal to
the amount withdrawn by the member
from the retirement system that
is attributable to the year of
service credit, with interest at a
rate established by the board on
that amount
from the date of
withdrawal to the date of payment; (2) Interest, which shall be paid either
by the member or
the
Cincinnati retirement system, on the amount withdrawn by the
member
from
the
Cincinnati retirement system that is attributable
to the year of service
from
the last day of the year for which the
service credit was
earned or in which
payment was made for
military service credit
to
the date the withdrawal was made; (3) An amount, which shall be paid by either the member
or
the
Cincinnati retirement system, equal to the lesser of the
amount
contributed by the employer to the
Cincinnati retirement
system for the
year
of service or the amount that would have been
contributed
by the
employer for the year of service had the member
been employed by
the
member's current employer as a
member of a
police or fire
department at the time the credit was
earned,
with
interest on
that amount from the last day of the year for
which
the service
credit was earned or in which payment was made for
military
service credit to the date the payment is made; (4) If the member became a member of the fund on or after
September 16,
1998, the amount, which shall be
paid by the member,
determined pursuant to division
(I) of this section. Interest shall be determined in accordance with division (H)
of
this section. (C)(1) Except as provided in division (I) of this
section,
in computing the pension and benefits payable
under
section 742.37
or 742.39 of the Revised
Code, the fund shall give
a
member of the
fund who is in the active service of a
police or
fire department,
is not receiving a pension or
benefit payment
from the fund, and
has withdrawn the member's
contributions from
the public employees
retirement system,
school employees
retirement system, or state
teachers
a non-uniform retirement
system full credit
for service
credit earned
for full-time service as a member of the
public
employees
retirement system, school employees retirement
system,
or state
teachers retirement
non-uniform system or purchased or
obtained as military
service credit if, for each year of
service,
the fund receives
the sum of the following: (a) An amount, which shall be paid by the member, equal
to
the amount withdrawn by the member
from the
former retirement
non-uniform
system that is attributable to that year of
service
credit, with
interest at a rate established by the board on
that
amount from
the date of withdrawal to the date of payment; (b) If the member
is seeking credit for service under the
public employees
retirement system
or state teachers retirement
system, an amount,
which shall be paid
by the member, equal to the
amount of any employer
contributions
and interest on
employee
contributions the member received under
section 145.40
or 3307.563
of
the Revised Code; (c) Interest, which shall be
transferred by the
former
retirement
non-uniform system, on the amount withdrawn by the
member from the
retirement
non-uniform system that is attributable
to the year of service
from
the last day of the year for which the
service credit was earned
or in
which payment was made for
military service credit to the
date the
withdrawal was made; (d) An amount, which shall be
transferred by the
former
retirement
non-uniform system, equal to the lesser
of the amount
contributed
by the employer to the
retirement
non-uniform
system
for the year of service
or the amount that would have
been
contributed by the employer for
the year of service had the
member
been employed by the member's
current employer as a member of a
police
or fire department at the
time the credit was earned, with
interest on
the
that amount
transferred from the last day
of the
year for which the service
credit was earned or in which
payment
was made for military
service credit to the date the transfer is
made; (e) If the member became a member of the fund on or
after
September
16, 1998,
the amount, which shall be paid by the member,
determined pursuant
to division (I) of this section. (2) On receipt of payment from the member, the fund shall
notify the
former retirement
non-uniform system, and on receipt of
the
notice,
the
retirement
non-uniform system shall make the
transfer. Interest
shall be
determined in accordance with
division
(H) of this section. (3) The amount transferred under division (C)(1) of
this
section
by the public employees retirement system
or state
teachers retirement system shall not
include any amount of
employer contributions and interest on
employee
contributions the
member received under section 145.40
or 3307.563 of
the
Revised
Code. (D) Except as provided in division (I) of this section,
in
computing the pension and benefits payable under
section 742.37 or
742.39 of the
Revised Code, the fund shall give a
member of the
fund who is in the active service of a police or
fire department,
is not receiving a pension or benefit from the
fund, and has
contributions on deposit with
the public employees
retirement
system, school employees retirement system, or state
teachers
a
non-uniform
retirement system full credit for service credit
earned
for
full-time service as a member of
one of those
retirement
systems,
the non-uniform system or
service credit
purchased or obtained as military
service credit,
and any service
credit obtained under section
145.295, 3307.761,
or 3309.73 of
the Revised Code for
service for which
contributions were made to
the state highway patrol
retirement
system. The credit shall be
given if both of the following
occur: (1) The
retirement
non-uniform system transfers to the fund,
for each
year of
service, the sum of the following: (a) The amount, contributed by the
member or, in the case
of military service credit, paid by the member, that is
attributable to that service; (b) An amount equal to the lesser
of the amount contributed
by the
employer to the
retirement
non-uniform
system for the year
of service
or the amount that would have been
contributed by the
employer for
the year of service had the member been
employed by
the
member's
current employer as a member
of a police or fire
department at the
time the credit was earned; (c)
An amount equal to any amount received by the retirement
system under
section 145.295, 3307.761, or 3309.73 of the Revised
Code; (d) Interest on the amounts specified in divisions
(D)(1)(a),
and (b), and (c) of this
section from the last day
of
the
year for which the service credit in the
transferring
retirement
non-uniform
system was earned or in which
payment was
made for
military
service credit
or credit under section 145.295,
3307.761, or
3309.73 of the Revised Code was purchased or obtained
to the date
the transfer
is made.
(2) If the member became a member of the fund on or
after
September
16, 1998, the
member pays the amount determined pursuant
to division
(I) of this section. On receipt of a request from the member, the
appropriate
retirement
non-uniform system shall make the transfer specified
in
division
(D)(1)
of this section. Interest shall be determined in
accordance with
division (H) of this section. (E) Subject to board rules, a member of the fund may
choose
to purchase in any one payment only part of the credit the
member
is eligible to purchase under division (B) or (C)(1) of this
section. (F) At the request of the fund, the
public employees
retirement system, school employees retirement system, state
teachers
non-uniform retirement system, or Cincinnati retirement
system shall
certify to the fund a copy of the records of the
service
and
contributions of a member of the fund who seeks
service credit
under this section. (G) A member of the fund is ineligible to receive
credit
under this
section for service that is used in the calculation of
any
retirement benefit currently being paid or payable in the
future
to the member
under any other retirement program,
or
service rendered concurrently with any
other
period for which
service credit has already been granted, or for service credit
that may be transferred under section 742.214 of the Revised Code. (H) Interest charged under
this section shall be calculated
separately for each year of
service credit. Unless otherwise
specified in this section, it
shall be calculated at the lesser of
the actuarial assumption rate
for that year of the fund or of the
retirement system in which
the credit was earned. The interest
shall be compounded
annually. The board may, by rule, establish procedures for the
receipt
of service credit under this section. (I) The amount to be paid pursuant to division
(B)(4),
(C)(4)(1)(e), or (D)(2)
of this section or division (B)(2) or
(C)(2)(b)
of section 742.212 of the Revised Code is the sum of the
following: (1) An amount equal to the difference
between the amount the
member paid as employee contributions for
the service and the
amount the member would have paid had the member been
employed by
the member's current employer as a
member of a police or fire
department; (2) An amount equal to the difference
between the amount
paid or transferred under division (B)(3),
(C)(3)(1)(d), or
(D)(1)(b)
of
this section or division (B)(2) or
(C)(2)(b) of
section 742.212 of
the Revised Code and the amount that
would have
been contributed
by the
employer for the service had the member
been employed by
the member's current
employer as a member of
a
police or fire
department; (3) Interest, determined in accordance
with division (H) of
this
section, on the amounts specified in divisions
(I)(1) and (2)
of this section. At the request of a member, in lieu of requiring
payment of
all or part of the amount determined under this
division the fund
may grant the member an amount of service
credit under division
(B),
(C), or (D) of this section or division (B) or (C) of
section
742.212 of the Revised Code that is less than the amount for which
the member is
eligible.
The service credit granted shall be the
same percentage of the
service credit for which the member is
eligible that the amount
the fund receives under division (B),
(C), or (D) of this section or division (B) or (C) of
section
742.212 of the Revised Code is of the total
amount it would
receive under those divisions if the full amount
determined under
this division was paid. (J)(1) Except as provided in division (J)(2) of
this section
and notwithstanding any contrary provision of this
section, the
board shall, in computing a pension or benefit
under section
742.37 or 742.39 of the Revised
Code, give a member of the fund
who is not receiving a pension or disability benefit from the
fund
full credit for service credit purchased under this section
for
service that was less than full-time service if the member
provides
evidence satisfactory to the board that, after
receiving
written notice from the fund indicating that the
member would be
permitted to purchase service credit for service that
was less
than full-time, the member changed or ceased the
member's
employment with the understanding that the credit
identified in
the notice would be used in computing a pension or
benefit. If
the board has
canceled service credit purchased under this section
for service
that was less than full-time service and the member
meets the
requirements of division (J)(1)
of this section, the
board shall restore the service credit on
repayment to the fund of
the amount refunded to the member at
the time of cancellation. (2) If a member of the fund who is not receiving a
pension
or disability benefit from the fund purchased credit
under this
section for service that was less than full-time
service and does
not meet the requirements of division
(J)(1) of this section, the
board shall refund to the member any amounts paid to purchase
the
credit, with interest at a rate determined by the board from
the
date the member purchased the credit to the date of the
refund. (K) A member of the fund who has purchased service credit
under
this section, or the member's estate, is entitled to a
refund of the amount or
portion of the amount paid to purchase the
credit if the purchased credit or
portion of credit does not
increase a pension or benefit payable under section
742.37 or
742.39 of the Revised
Code. The refund cancels an equivalent
amount
of service credit. (L) If a member or former member of the fund who is not a
current contributor and has not received a refund of
accumulated
contributions elects to receive
credit under section 145.295,
3307.761, or
3309.73 of the Revised Code for service for
which
the member contributed to the fund or purchased as military
service credit, the fund shall
transfer to the
public employees
retirement system, school employees
retirement system, or state
teachers
non-uniform retirement system the amount
specified in
division (B) of
section 145.295 of the
Revised Code, division
(B)(C) of section
3307.761 of the
Revised Code, or division (B) of
section
3309.73
of the Revised Code. (M) The board shall adopt rules
establishing a payroll
deduction plan for the purchase of service credit under
this
section. The rules shall meet the requirements described in
section
742.56 of the Revised
Code. Sec. 742.214. (A) As used in this section, "transferred
service credit" means service credit purchased or obtained under
section 145.295, 145.2913, 3307.761, 3307.765, 3309.73, or
3309.731 of the Revised Code prior to the date a member commenced
the
employment covered by the Ohio police and fire pension fund
for
which the member is currently contributing to the fund. (B) A member of the Ohio police and fire pension fund who is
in the active service of a police or fire department and has
contributions on deposit with, but is no longer contributing to, a
non-uniform retirement system shall, in computing years of
service, be given full credit for transferred service credit if a
transfer to the Ohio police and fire pension fund is made under
this section. At the request of a member, the non-uniform system
shall transfer to the Ohio police and fire pension fund the sum of
the following: (1) An amount equal to the amounts transferred to the
non-uniform system under section 145.295, 145.2913, 3307.761,
3307.765, 3309.73, or 3309.731 of the Revised Code; (2) Interest, determined as provided in division (E) of this
section, on the amount specified in division (B)(1) of this
section for the period from the last day of the year in which the
transfer under section 145.295, 145.2913, 3307.761, 3307.765,
3309.73, or 3309.731 of the Revised Code was made to the date a
transfer is made under this section. (C) A member of the fund with at least eighteen months of
contributing service credit with the Ohio police and fire pension
fund who is in the active service of a police or fire department
and has received a refund of contributions to a non-uniform
retirement system shall, in computing years of service, be given
full credit for transferred service credit if, for each year of
service, the Ohio police and fire pension fund receives the sum of
the following: (1) An amount, which shall be paid by the member, equal to
the amount refunded by the non-uniform system to the member for
that year for transferred service credit, with interest on that
amount from the date of the refund to the date a payment is made
under this section; (2) Interest, which shall be transferred by the non-uniform
system, on the amount refunded to the member for the period from
the last day of the year in which the transfer under section
145.295, 145.2913, 3307.761, 3307.765, 3309.73, or 3309.731 of the
Revised Code was made to the date the refund was made; (3) If the non-uniform system retained any portion of the
amount transferred under section 145.295, 145.2913, 3307.761,
3307.765, 3309.73, or 3309.731 of the Revised Code, an amount,
which shall be transferred by the non-uniform system, equal to the
amount retained, with interest on that amount for the period from
the last day of the year in which the transfer under section
145.295, 145.2913, 3307.761, 3307.765, 3309.73, or 3309.731 of the
Revised Code was made to the date a transfer is made under this
section. On receipt of payment from the member, the Ohio police and
fire pension fund shall notify the non-uniform system, which, on
receipt of the notice, shall make the transfer required by this
division. Interest shall be determined as provided in division
(E) of this section. (D) Service credit purchased or obtained under this section
shall be used in computing the pension and benefits payable under
section 742.37 or 742.39 of the Revised Code. A member may choose
to purchase only part of the credit the member is eligible to
purchase under division (C) of this section in any one payment,
subject to rules adopted by the board of trustees of the Ohio
police and fire pension fund. A member is ineligible to purchase
or obtain service credit under this section for service to be used
in the calculation of any retirement benefit currently being paid
or payable to the member in the future under any other retirement
program or for service credit that may be purchased or obtained
under section 742.21 of the Revised Code. (E) Interest charged under this section shall be calculated
separately for each year of service credit at the lesser of the
actuarial assumption rate for that year of the Ohio police and
fire pension fund or of the non-uniform retirement system to which
the credit was transferred under section 145.295, 145.2913,
3307.761, 3307.765, 3309.73, or 3309.731 of the Revised Code. The
interest shall be compounded annually. (F) Any amounts transferred or paid under divisions (B) and
(C) of this section that are attributable to contributions made by
the member or to amounts paid to purchase service credit shall be
credited to the police officers' contribution fund or
firefighters' contribution fund created under section 742.59 of
the Revised Code, as applicable. Any remaining amounts shall be
credited to one or more of the funds created under that section as
determined by the board. (G) At the request of the Ohio police and fire pension fund,
the non-uniform retirement system shall certify to the fund a copy
of the records of the service and contributions of a member of the
fund who seeks service credit under this section. The non-uniform
retirement system shall specify the portions of the amounts
transferred that are attributable to employee contributions,
employer contributions, and interest. (H) If a member of the fund who is not a current contributor
elects to receive service credit under section 145.2913, 3307.765,
or 3309.731 of the Revised Code for transferred service credit, as
defined in those sections, the fund shall transfer to the
non-uniform retirement system, as applicable, the amount specified
in division (B) or (C) of section 145.2913, division (B) or (C) of
section 3307.765, or division (B) or (C) of section 3309.731 of
the Revised Code. (I) The board may adopt rules to implement this section.
Sec. 742.371. (A) As used in this section,
"lay off" has
the same meaning as in division (A) of section 742.27 of the
Revised Code. (B)
A
Except for service credit transferred under section
742.214 of the Revised Code, a member of the fund who has
voluntarily resigned or
who
voluntarily resigns or who has been or
is removed from active
service in a police or fire department for
any reason other than
a
lay off that was involuntary, as certified
pursuant to division
(C) of this section, and receives or has
received from a police
relief and pension fund under division (I)
of former section
741.49 of the Revised Code, or from a firemen's
relief and
pension
fund under division (I) of former section
741.18 of the
Revised
Code, or from a township firemen's
relief
and pension
fund under
division (I) of former section 521.11 of
the Revised
Code, or from
the Ohio police and fire pension
fund
under division (G) of
section 742.37 of the Revised Code, an
amount equal to the sum
deducted from the member's salary
and
credited to one of such
funds shall, upon reinstatement to the
active
service
of such
police or fire department, deposit with the
Ohio
police and
fire
pension fund an
amount equal to the sum
so
received by the member,
with interest compounded annually
thereon,
at
a rate to be
determined by the board of trustees of the Ohio
police
and fire
pension fund, from the date of
such
receipt to the
date of such
deposit. The member may choose to
purchase only part
of such
credit in any one payment, subject to
board rules. Such
member
shall not be entitled to receive any
pension or benefit
payments
under division (B) or (C) of section
742.37 or section
742.39 of
the Revised Code until
the member has made the
deposit
required by
this section. (C) A member of the fund who has been or is removed from
active service in a police or fire department as a result of a
lay
off that was involuntary, as certified pursuant to this
division,
and receives or has received from a police relief and
pension fund
under division (I) of former section 741.49 of the
Revised Code,
or from a firemen's relief and pension fund under
division (I) of
former section 741.18 of the Revised Code, or
from a township
firemen's relief and pension fund under division
(I) of former
section 521.11 of the Revised Code, or from the
Ohio police and
fire
pension fund under division
(G) of section 742.37 of the
Revised Code, an amount equal to the
sum deducted from the
member's salary and credited to one of
such funds
may, upon
reinstatement to the active service of such police or
fire
department, deposit with the Ohio police and fire
pension fund an
amount equal to the sum so received by the
member, with interest
compounded annually thereon, at a rate to be
determined by the
board of trustees of the Ohio police and
fire pension fund from
the date of such receipt to
the
date of such deposit. The member
may choose to purchase only
part of such credit in any one
payment, subject to board rules. If any police or fire department reinstates a member of the
fund who was removed from active service in that police or fire
department as a result of a lay off that was involuntary, the
police or fire department shall upon the request of that member
certify to the fund that the member was removed from active
service in that police or fire department as a result of a lay
off
that was involuntary.
Sec. 742.375.
A
Except for service credit transferred under
section 742.214 of the Revised Code, a member of the fund who is
in the active
service of a police or fire department and is not
receiving a
pension or benefit payment from the Ohio police and
fire pension
fund shall, in computing years of
active
service in
such
department under division (C) of section 742.37 or
section
742.39
of the Revised Code, be given full credit for the time
served in
the state highway patrol retirement system, provided
such member
pays into the Ohio police and
fire pension fund
the
amount
received by the member under section 5505.19 of
the Revised
Code,
with interest compounded annually thereon at a rate to be
determined by the board of trustees of the Ohio police and fire
pension fund from the date of such receipt to the date
of such
deposit. The member may choose to purchase only part of
such
credit in any one payment, subject to board rules. Upon certification by the board to the board of the state
highway
patrol retirement system of such payment by the member of
the
fund, the state highway patrol retirement board shall pay from
the employer's accumulation fund under division (C) of section
5505.03 of the Revised Code to the Ohio police and
fire pension
fund an amount equal to the payment of
the
member of the fund.
Sec. 3307.761. (A) As used in this section, "military
and
section
3307.765 of the Revised Code: (1) "Uniform retirement system" or "uniform system" means
the Ohio police and fire pension fund or state highway patrol
retirement system.
(2) "Military service credit"
means credit purchased or
obtained under this
chapter or Chapter 742.
or 5505.
of the
Revised Code for service
in the armed forces of the
United States. (B) 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 has
contributions on deposit with
the Ohio
police and fire
pension fund or the state highway patrol
a uniform
retirement system shall, in computing years of total service, be
given full credit for service credit earned under
Chapter 742. or
5505. of the
Revised
Code or for military service
credit if a
transfer to the
state teachers retirement system is made under
this division.
At the request of the member, the
Ohio police and
fire
pension fund or state highway patrol retirement
uniform
system shall
transfer to the state teachers retirement system, for
each year
of
service,
the sum of the following: (1) An amount equal to the member's accumulated
contributions to the
transferring fund or
uniform system,
and any
payments by
the member for military service credit, and any
amounts paid
under section 742.375 or
5505.201 of the
Revised Code
to purchase
service credit; (2) An amount equal to the lesser of the employer's
contributions to the
Ohio police and fire pension
fund or state
highway patrol retirement
uniform system or the amount
that would
have
been contributed by the employer for the service
had the
member
been a member of the state teachers retirement
system at
the time
the credit was earned; (3) Interest, determined as provided in division
(F) of this
section, on the
amounts specified in divisions
(B)(1) and (2) of
this section
from the last day
of the year for which the service
credit in the
transferring fund or
uniform
system was earned or in
which
payment was made for
military service credit
or service
credit
under section
742.375 or 5505.201
of the Revised Code was
purchased or obtained
to the date the transfer
is made. (C) A member participating in the plan described in
sections
3307.50 to
3307.79 of the Revised Code who has
at least eighteen
months of contributing service with the state
teachers retirement
system, is a former member of
the Ohio
police and
fire pension
fund or state highway
patrol
a uniform
retirement system, and has
received a
refund of contributions to
that
fund or
uniform system
shall, in computing
years of total service,
be given full credit
for service credit
earned under
Chapter 742. or 5505.
of the
Revised
Code or for
military service
credit if, for each year of
service, the state
teachers retirement system receives the sum
of
the following: (1) An amount, which shall be paid by the member, equal
to
the amount refunded by the
Ohio police and fire
pension fund or
the state highway patrol retirement
uniform system
to the member
for that
year for accumulated contributions and
payments for
military
service credit, with interest at a rate established by
the state
teachers retirement board on that amount from the date
of the
refund
to the date of the payment; (2) Interest, which shall be transferred
by the
Ohio police
and
fire pension fund or state highway
patrol
retirement
uniform
system,
on the amount refunded to the member that is attributable
to
the
year of service from the last day of the year for which the
service credit
was earned or in which payment was made for
military service credit
to
the
date the refund was made; (3) An amount, which shall be transferred by the
Ohio police
and fire pension fund or state highway
patrol retirement
uniform
system,
equal to the lesser of the employer's contributions to
the
Ohio
police and
fire pension fund or state highway patrol
retirement
uniform
system or the amount that would have been
contributed by the
employer for the service had the member
been a
member of the
state teachers retirement system at the time the
credit was
earned, with interest
on that amount from the last
day
of the year
for which the service credit was earned or in which
payment was
made for military service to the date of the
transfer. On receipt of payment from the member, the state
teachers
retirement system shall notify the
Ohio police
and
fire pension
fund or the state highway patrol
retirement
uniform system, which,
on
receipt of the notice, shall make
the transfer required by this
division. Interest shall be
determined as provided in division
(F) of this section. A member may choose to purchase only part of the credit
the
member is eligible to purchase under this division in any
one
payment, subject to rules of the state teachers retirement
board. (D) A member is
ineligible to obtain credit under this
section for service that
is used in the calculation of any
retirement benefit currently
being paid or payable in the future
under any other retirement program or for service credit that may
be transferred under section 3307.765 of the Revised Code. (E) If a member of
the state teachers retirement system who
is not a current
contributor elects to obtain credit under section
742.21 or
5505.40 of the Revised Code for service for which the
member contributed to the
state teachers retirement system or
made
payment
purchased for military service credit, the
state teachers
retirement system shall transfer to the
Ohio police and
fire
pension fund or state highway patrol
uniform retirement
system, as
applicable, the amount specified in division
(D) of section
742.21
or
division (B)(2) of section
5505.40 of the Revised Code. (F) Interest charged
under this section shall be
calculated
separately for each year of service credit. Unless
otherwise
specified in this section it shall be calculated at the
lesser of
the actuarial assumption rate for that year of the
state teachers
retirement system or of the
fund or
uniform retirement
system in
which the
credit was earned. The interest shall be
compounded
annually. (G) The state teachers retirement
board shall credit to a
member's account in the teachers'
savings fund the amounts
described in divisions
(B)(1) and (C)(1) of this section, except
that the interest paid by the member under division (C)(1)
of this
section shall be credited to the employers' trust fund.
The board
shall credit to the employers' trust fund the amounts
described in
divisions (B)(2) and
(3) and (C)(2) and (3) of this
section. (H) At the request of the state teachers retirement system,
the
Ohio police and fire pension fund or state highway patrol
retirement
system shall certify to the state teachers retirement
system a copy of the records of the service and contributions of a
state teachers retirement system member who seeks service
credit
under this section. Sec. 3307.765. (A) As used in this section,
"transferred
service credit" means service credit purchased or
obtained under
section 742.21, 742.214, 742.375, 5505.201,
5505.40, or 5505.41 of
the Revised Code prior to the date a member
commenced the
employment
covered by the state teachers retirement
system for
which the
member is currently contributing to the
system. (B) A member of the state teachers retirement system who has
contributions on deposit with, but is no longer contributing to, a
uniform retirement system shall, in computing years of total
service, be given full credit for transferred service credit if a
transfer to the state teachers retirement system is made under
this section. At the request of a member, the uniform system
shall transfer to the state teachers retirement system the sum of
the following: (1) An amount equal to the amounts transferred to the
uniform system under section 742.21, 742.214, 742.375, 5505.201,
5505.40, or 5505.41 of the Revised Code; (2) Interest, determined as provided in division (E) of this
section, on the amount specified in division (B)(1) of this
section for the period from the last day of the year in which the
transfer under section 742.21, 742.214, 742.375, 5505.201,
5505.40, or 5505.41 of the Revised Code was made to the date a
transfer is made under this section. (C) A member of the state teachers retirement system with at
least eighteen months of contributing service credit with the
state teachers retirement system who has received a refund of
contributions to a uniform retirement system shall, in computing
years of total service, be given full credit for transferred
service credit if, for each year of service, the state teachers
retirement system receives the sum of the following: (1) An amount, which shall be paid by the member, equal to
the amount refunded by the uniform system to the member for that
year for transferred service credit, with interest on that amount
from the date of the refund to the date a payment is made under
this section; (2) Interest, which shall be transferred by the uniform
system, on the amount refunded to the member for the period from
the last day of the year in which the transfer under section
742.21, 742.214, 742.375, 5505.201, 5505.40, or 5505.41 of the
Revised Code was made to the date the refund was made; (3) If the uniform system retained any portion of the amount
transferred under section 742.21, 742.214, 742.375, 5505.201,
5505.40, or 5505.41 of the Revised Code, an amount, which shall be
transferred by the uniform system, equal to the amount retained,
with interest on that amount for the period from the last day of
the year in which the transfer under section 742.21, 742.214,
742.375, 5505.201, 5505.40, or 5505.41 of the Revised Code was
made to the date a transfer is made under this section. On receipt of payment from the member, the state teachers
retirement system shall notify the uniform system, which, on
receipt of the notice, shall make the transfer required by this
division. Interest shall be determined as provided in division
(E) of this section. (D) A member may choose to purchase only part of the credit
the member is eligible to purchase under division (C) of this
section in any one payment, subject to rules adopted by the state
teachers retirement board. A member is ineligible to purchase or
obtain service credit under this section for service to be used in
the calculation of any retirement benefit currently being paid or
payable to the member in the future under any other retirement
program or for service credit that may be purchased or obtained
under section 3307.761 of the Revised Code. (E) Interest charged under this section shall be calculated
separately for each year of service credit at the lesser of the
actuarial assumption rate for that year of the state teachers
retirement system or of the uniform retirement system to which the
credit was transferred under section 742.21, 742.214, 742.375,
5505.201, 5505.40, or 5505.41 of the Revised Code. The interest
shall be compounded annually. (F) Any amounts transferred or paid under divisions (B) and
(C) of this section that are attributable to contributions made by
the member or to amounts paid to purchase service credit shall be
credited to the teachers' savings fund created under section
3307.14 of the Revised Code. Any remaining amounts shall be
credited to one or more of the funds created under that section as
determined by the board. (G) At the request of the state teachers retirement system,
the uniform retirement system shall certify to the state teachers
retirement system a copy of the records of the service and
contributions of a state teachers retirement system member who
seeks service credit under this section. The uniform retirement
system shall specify the portions of the amounts transferred that
are attributable to employee contributions, employer
contributions, and interest. (H) If a member of the state teachers retirement system who
is not a current contributor elects to receive service credit
under section 742.214 or 5505.41 of the Revised Code for
transferred service credit, as defined in those sections, the
system shall transfer to the uniform retirement system, as
applicable, the amount specified in division (B) or (C) of section
742.214 or division (B) or (C) of section 5505.41 of the Revised
Code. (I) The board may adopt rules to implement this section.
Sec. 3309.73. (A) As used in this section,
"military
and
section 3309.731 of the Revised Code: (1) "Uniform retirement system" or "uniform system" means
the Ohio police and fire pension fund or state highway patrol
retirement system. (2) "Military
service credit" means service credit purchased
or obtained under
this chapter or
Chapter 742. or 5505. of the
Revised Code for
service in the armed forces of the
United States. (B) A member of the school employees retirement
system who
has contributions on deposit with
the Ohio police
and fire pension
fund or the state highway patrol
a uniform
retirement system
shall, in
computing years of total service, be given full
credit
for service
credit earned under Chapter 742. or 5505. of the
Revised Code
or
purchased or obtained for military service credit
if a transfer
to the school employees retirement
system is
made
under this
division. At the request of the member, the
Ohio
police and
fire
pension fund or state highway
patrol retirement
uniform
system shall
transfer to the school employees retirement
system, for each year
of service, the sum of the
following: (1) An amount equal to the member's accumulated
contributions to
the
transferring fund or
uniform system,
and any
payments by
the member for
military service
credit, and any
amounts paid
under section 742.375 or 5505.201 of the Revised Code
to purchase
service
credit; (2) An amount equal to the lesser of the employer's
contributions to the
Ohio
police and fire pension fund or state
highway patrol
retirement
uniform system or the amount that would
have
been contributed by the
employer for the service had the
member
been a member of the school employees
retirement system at
the
time the credit was earned; (3) Interest, determined as provided in division (F) of
this
section, on the amounts specified in divisions (B)(1) and
(2) of
this
section from the last
day
of the year for which the service
credit in the
transferring fund or
uniform
system was earned or in
which
payment was made for military service credit
or service
credit
under
section 742.375 or 5505.201
of the Revised Code was
purchased or obtained to the date the transfer is
made. (C) A member who has at least eighteen months of
contributing
service with the school employees retirement system,
is a former member of
the
Ohio police and fire
pension fund or
state highway patrol
a uniform
retirement system, and has received
a refund
of contributions to that
fund or
uniform
system shall, in
computing years
of total service, be given full credit for
service
credit earned
under Chapter 742. or 5505. of the Revised Code or
purchased or
obtained
for military service
credit
if, for
each
year of service, the
school employees retirement system receives
the sum
of the
following: (1) An amount, which shall be paid by the member, equal to
the amount
refunded by the
Ohio police and fire pension fund or
the
state
highway patrol retirement
uniform system to the member
for that
year for accumulated
contributions and payments for
purchase of
credit for military service
credit, with interest at
a rate established
by the
school employees retirement board on
that amount from the
date of
the refund to the date of the
payment; (2) Interest, which shall be transferred
by the
Ohio police
and
fire pension fund or state highway
patrol
retirement
uniform
system,
on the amount refunded to the member that is attributable
to
the
year of service from the last day of the year for which the
service credit
was earned or in which payment was made for
military service credit
to
the
date the refund was made; (3) An amount, which shall be transferred by the
Ohio police
and fire pension fund or state highway patrol retirement
uniform
system,
that is
equal to the lesser of the
employer's
contributions to
the
Ohio police
and fire pension fund or state
highway
patrol
retirement
uniform system or the amount that would
have been contributed
by
the
employer for the service had the
member been a member of
the school employees
retirement system at
the time the credit was
earned, with interest on
that amount from
the last
day
of the year
for which the service credit was earned
or in which
payment was
made for military service credit
to the
date of the transfer. On receipt of payment from the member, the school employees
retirement
system shall notify the
Ohio police and fire pension
fund
or
the state highway patrol retirement
uniform system, which,
on
receipt of the notice,
shall make the transfer required by this
division. Interest shall be
determined as provided in division
(F) of this section.
The
member may choose to purchase only part
of such credit in any one
payment, subject to board rules. (D) A member is ineligible to obtain service
credit under
this section for service that is used in the calculation of any
retirement benefit currently being paid or payable in the future
to the member
under any other retirement program or for service
credit that may be transferred under section 3309.731 of the
Revised Code. Service credit obtained under this section shall be
considered the equivalent of Ohio service credit. (E) If a member of the school employees retirement system
who is
not a current contributor elects to obtain credit under
section
742.21 or
5505.40 of the Revised Code for service for
which the
member contributed to
the school
employees retirement
system or made payment for military
service credit, the school
employees retirement
system shall transfer to the
Ohio police and
fire pension
fund
or state highway patrol
uniform retirement
system, as
applicable, the amount specified
in division (D) of
section
742.21
or division (B)(2)
of section 5505.40 of the
Revised Code. (F) Interest charged under this
section shall be calculated
separately for each year of service credit.
Unless otherwise
specified in this section, it shall be calculated at
the lesser of
the actuarial assumption rate for that year of the school
employees retirement system or of the
fund or
uniform retirement
system in
which the
credit was earned. The interest shall be
compounded
annually. (G) At the request of the school employees retirement
system, the
Ohio police and fire pension fund or state highway
patrol
uniform
retirement system shall certify to the school
employees
retirement system a
copy of the records of
the service
and
contributions of a school employees retirement
system member
who
seeks
service credit under this section. Sec. 3309.731. (A) As used in this section, "transferred
service credit" means service credit purchased or obtained under
section 742.21, 742.214, 742.375, 5505.201, 5505.40, or 5505.41 of
the Revised Code prior to the date a member commenced the
employment
covered by the school employees retirement system for
which the
member is currently contributing to the system. (B) A member of the school employees retirement system who
has contributions on deposit with, but is no longer contributing
to, a uniform retirement system shall, in computing years of
service, be given full credit for transferred service credit if a
transfer to the school employees retirement system is made under
this section. At the request of a member, the uniform system
shall transfer to the school employees retirement system the sum
of the following: (1) An amount equal to the amounts transferred to the
uniform system under section 742.21, 742.214, 742.375, 5505.201,
5505.40, or 5505.41 of the Revised Code; (2) Interest, determined as provided in division (E) of this
section, on the amount specified in division (B)(1) of this
section for the period from the last day of the year in which the
transfer under section 742.21, 742.214, 742.375, 5505.201,
5505.40, or 5505.41 of the Revised Code was made to the date a
transfer is made under this section. (C) A member of the school employees retirement system with
at least eighteen months of contributing service credit with the
school employees retirement system who has received a refund of
contributions to a uniform retirement system shall, in computing
years of service, be given full credit for transferred service
credit if, for each year of service, the school employees
retirement system receives the sum of the following: (1) An amount, which shall be paid by the member, equal to
the amount refunded by the uniform system to the member for that
year for transferred service credit, with interest on that amount
from the date of the refund to the date a payment is made under
this section; (2) Interest, which shall be transferred by the uniform
system, on the amount refunded to the member for the period from
the last day of the year in which the transfer under section
742.21, 742.214, 742.375, 5505.201, 5505.40, or 5505.41 of the
Revised Code was made to the date the refund was made; (3) If the uniform system retained any portion of the amount
transferred under section 742.21, 742.214, 742.375, 5505.201,
5505.40, or 5505.41 of the Revised Code, an amount, which shall be
transferred by the uniform system, equal to the amount retained,
with interest on that amount for the period from the last day of
the year in which the transfer under section 742.21, 742.214,
742.375, 5505.201, 5505.40, or 5505.41 of the Revised Code was
made to the date a transfer is made under this section. On receipt
of payment from the member, the school employees
retirement system
shall notify the uniform system, which, on
receipt of the notice,
shall make the transfer required by this
division. Interest shall
be determined as provided in division
(E) of this section. (D) Service credit purchased or obtained under this section
shall be considered the equivalent of Ohio service credit. A
member may choose to purchase only part of the credit the member
is eligible to purchase under division (C) of this section in any
one payment, subject to rules adopted by the school employees
retirement board. A member is ineligible to purchase or obtain
service credit under this section for service to be used in the
calculation of any retirement benefit currently being paid or
payable to the member in the future under any other retirement
program or for service credit that may be purchased or obtained
under section 3309.73 of the Revised Code. (E) Interest charged under this section shall be calculated
separately for each year of service credit at the lesser of the
actuarial assumption rate for that year of the school employees
retirement system or of the uniform retirement system to which the
credit was transferred under section 742.21, 742.214, 742.375,
5505.201, 5505.40, or 5505.41 of the Revised Code. The interest
shall be compounded annually. (F) Any amounts transferred or paid under divisions (B) and
(C) of this section that are attributable to contributions made by
the member or to amounts paid to purchase service credit shall be
credited to the employees' savings fund created under section
3309.47 of the Revised Code. Any remaining amounts shall be
credited to one or more of the funds created under that section as
determined by the board. (G) At the request of the school employees retirement
system, the uniform retirement system shall certify to the school
employees retirement system a copy of the records of the service
and contributions of a school employees retirement system member
who seeks service credit under this section. The uniform
retirement system shall specify the portions of the amounts
transferred that are attributable to employee contributions,
employer contributions, and interest. (H) If a member of the school employees retirement system
who is not a current contributor elects to receive service credit
under section 742.214 or 5505.41 of the Revised Code for
transferred service credit, as defined in those sections, the
system shall transfer to the uniform retirement system, as
applicable, the amount specified in division (B) or (C) of section
742.214 or division (B) or (C) of section 5505.41 of the Revised
Code. (I) The board may adopt rules to implement this section.
Sec. 5505.201.
A
Except for service credit transferred
under
section 5505.41 of the Revised Code, a member of the state
highway
patrol
retirement system shall, in computing years of
active
service in
the highway patrol under sections 5505.16,
5505.17, and
5505.18
of
the Revised Code, be given full credit for
time served
as a
police
officer or firefighter
covered under
Chapter 742. and
former
Chapters 521. and 541. of the Revised
Code, provided such
member
pays to the state highway patrol
retirement system the
amount
received by the member under division
(I) of former section
521.11, division (I) of former section
741.18, division (I) of
former
section 741.49, or division (G) of
section 742.37 of the
Revised
Code, with compound interest thereon
at a rate to be
determined
by the state highway patrol retirement
board from the
date of
such receipt to the date of such deposit.
A
member may
choose to
purchase only part of such credit in any
one
payment,
subject to
board rules. Upon certification by the state highway patrol retirement
board to the board of trustees of the Ohio police and
fire pension
fund of such payment by the member, the
Ohio police and fire
pension fund shall pay from
the appropriate employers'
contribution fund under section
742.59 of the Revised Code to the
state highway patrol retirement
system an amount equal to the
payment of the member.
Sec. 5505.40. (A) As used in this section
and section
5505.41 of the Revised Code: (1) "Full-time service" means full-time service as defined
by rule which shall be adopted by the state highway patrol
retirement board. (2) "Military service credit" means
credit
for service in
the armed forces of the
United States
purchased or obtained under
this chapter or Chapter 145., 3307.,
or 3309. of the Revised Code. (3) "Non-uniform retirement system" or "non-uniform system"
means the public employees retirement system, school employees
retirement system, or state teachers retirement system. (B)(1)(a) For purposes
of computing the pension payable
under section
5505.17 or 5505.18 of the Revised Code, a member of
the state highway patrol
retirement system who is a former member
of
the public employees
retirement system, school employees
retirement system, or state
teachers
a non-uniform retirement
system and
has
received a return of contributions from the
former
retirement
non-uniform
system
shall be given full credit for
service credit earned for
full-time service as a member of the
former retirement
non-uniform system or
purchased or obtained as
military service credit if, for each
year of
service credit, the
state highway patrol retirement system
receives the sum of the
following: (i) An amount, which shall be paid by the member
to the
member's credit in the employees'
savings fund, equal to the
amount received by the
member from the
former retirement
non-uniform system
for that year that is
attributable to
contributions made for
full-time service and payments for
military
service credit, plus
interest at a rate established by the board
on that amount from
the
date payment was made to the member by the
former retirement
non-uniform
system to the
date the member
makes
the payment to the state
highway patrol retirement system; (ii) If a member
is seeking credit for service under the
public employees retirement system
or state teachers retirement
system, an
amount,
which shall be paid
by the member, equal to the
amount of any employer
contributions
and interest on employee
contributions the member received under
section 145.40
or 3307.563
of the
Revised Code; (iii) Interest, which shall be
transferred by the
former
retirement
non-uniform system, on the amount received by the
member that is
attributable to the year of service from the last
day of the
year
for which the service credit was earned or in
which payment
was
made for military service
credit to the date
the amount was paid
to the
member; (iv) An amount, which shall be transferred by the
former
retirement
non-uniform system, equal to the lesser of the
employer's
contributions to the
former retirement
non-uniform
system for the
year of
service or the amount that would have been
contributed by the
employer for the full-time service
had the
member been a member
of the state highway patrol retirement
system
at the time the
credit was earned, with interest on that amount
from the last
day
of the year for which the service credit was
earned or in which
payment was made for military service credit
to
the date the
transfer is made. (b) On receipt of
payment from the member, the state highway
patrol retirement
system shall notify the
former retirement
non-uniform
system, which, on receipt
of the notice, shall make
the transfer
required by this division.
Interest shall be
determined in
accordance with division
(F) of this section. (c) The amount transferred under division
(B)(1)(a) of this
section by the public employees retirement system
or state
teachers retirement system shall not
include any amount
of
employer contributions and interest on
employee contributions the
member received under section 145.40
or 3307.563 of
the Revised
Code. (2) For purposes of computing the pension payable under
section 5505.17 or 5505.18 of the
Revised
Code, a member of the
state
highway patrol retirement system who
has contributions on
deposit with
the public
employees retirement system, school
employees retirement system, or state
teachers
a non-uniform
retirement system
shall be given full credit for service credit
earned for
full-time
service as a member of that
retirement
non-uniform system,
or
any service credit
purchased or obtained
as military service credit, and any
service credit obtained under
section
145.295,
3307.761, or
3309.381 of the Revised Code for
service for which contributions
were made to
the Ohio police and
fire pension fund. The credit
shall be given
if, for each year of
service, the
public employees
retirement system, school
employees
retirement system, or state
teachers retirement
non-uniform system
transfers to the state highway patrol
retirement system the sum
of
the following: (a) The amount, contributed by
the member or, in the case
of military service, paid by the member, that is
attributable to
that service; (b) An amount equal to the lesser of the employer's
contributions to the
public employees retirement
system, school
employees retirement system, or state teachers
retirement
non-uniform system
for the year of service or the amount that
would have
been
contributed by the employer for the full-time
service had the
member been a member of the state highway patrol
retirement
system
at the time the credit was earned; (c)
An amount equal to any amount received by the retirement
system under
section 145.295, 3307.761, or 3309.351 of the Revised
Code; (d) Interest, determined in accordance with division
(F) of
this section, on
the amounts specified in divisions (B)(2)(a),
and
(b), and (c) of this section
from the last day of the year for
which the service credit in the
transferring
retirement
non-uniform
system was
earned or in which
payment was made for
military service
credit
or
service credit under section 145.295,
3307.761,
or 3309.351 of the
Revised Code was purchased or
obtained
to the date the transfer is
made.
On receipt of a request from the member, the
appropriate
retirement
non-uniform system shall make the transfer. (3) Unless section 5505.402 of the Revised Code applies,
for purposes of
computing the pension payable under
section
5505.17 or 5505.18 of the
Revised
Code, a member of the state
highway patrol retirement system who has contributions on
deposit
with the Cincinnati
retirement system shall be given full credit
for service credit
earned for full-time service as a member of
that retirement
system or purchased or obtained as
military
service credit if, for each year of
service credit, the state
highway patrol retirement system
receives the sum of the
following: (a) An amount, which
shall be paid by the member to the
member's credit in the
employees' savings fund, equal to the
amount withdrawn from the
Cincinnati retirement system
that is
attributable to that year of service, with interest on that amount
determined in accordance with division (F) of this section
from
the date of withdrawal to the date of payment; (b) Interest, which shall be paid either
by the member or
the Cincinnati retirement system, on the amount
withdrawn from the
Cincinnati retirement system that is attributable
to the year of
service from the last day of the year for which the service
credit
was earned or in which payment was made for military
service
credit to the date the amount was
withdrawn; (c) An amount, which
shall be paid either by the member or
the
Cincinnati retirement system,
equal to the lesser of the
employer's contributions to
the Cincinnati retirement
system for
the year of service or the amount that would have
been contributed
by the employer for the full-time
service had the
member been a
member of the state highway patrol retirement
system at the time
the credit was earned, with interest on
that amount from the last
day of the year for which the service credit was
earned or in
which payment was made for military service to the date the
payment is made. (C) If a member who is not a current contributor and has not
received
a refund of accumulated
contributions elects to receive
credit under section 145.295,
3307.761, or
3309.351
3309.73 of the
Revised
Code for service for
which the member contributed to the
state
highway patrol
retirement
system and credit purchased as
military
service credit, the state highway patrol retirement
system shall
transfer
to the appropriate retirement system
the
amount specified
in division
(B)(C) of section 145.295, division
(B) of
section
3307.761, or division (B) of section
3309.73 of
the Revised Code. (D)(1) A member is ineligible to purchase or otherwise
receive credit under this section for service that is used in the
calculation of any retirement benefit currently being paid or
that
is payable in the future to the member
under any other retirement
program,
or service rendered
concurrently with any other period
for which service credit has
already been granted, or for service
credit that may be transferred under section 5505.41 of the
Revised Code. (2) Except as provided under division (D)(3) of this
section, no service
credit purchased under this section or
received as
a result of a transfer requested under this section
shall be
used to determine any member's eligibility for retirement
under
sections 5505.16 and 5505.17 of the Revised Code. (3) Service credit obtained under this section by a member
for military service credit or for service as a
state highway
patrol cadet attending training school pursuant to section
5503.05
of the Revised Code
shall be used to determine the member's
eligibility
for retirement under sections 5505.16 and 5505.17 of
the Revised Code. (4) Subject to rules of the state highway patrol
retirement
system, a member may choose to purchase only part of
the credit
the member is eligible to purchase under division
(B)(1) or
(3) of
this section. (E) At the request of the state highway patrol retirement
system, the
public employees retirement system, school employees
retirement system, state teachers
non-uniform retirement system,
or
Cincinnati
retirement system
shall certify to the state highway
patrol
retirement system a
copy of the records of service, salary,
and
contributions of a
member who seeks service credit under this
section. (F) Interest charged under
this section shall be calculated
separately for each year of
service credit. Unless otherwise
specified in this section, it
shall be calculated at the lesser of
the actuarial assumption rate
for that year of the state highway
patrol retirement system or
of the
retirement system in which the
credit was earned. The
interest shall be compounded annually. (G) The state highway patrol retirement system board may
adopt rules
establishing procedures for
the purchase of service
credit or the transfer of contributions
under this section. Sec. 5505.41. (A) As used in this section, "transferred
service credit" means service credit purchased or obtained under
section 145.295, 145.2913, 3307.761, 3307.765, 3309.73, or
3309.731 of the Revised Code prior to the date a member commenced
the
employment covered by the state highway patrol retirement
system
for which the member is currently contributing to the
system. (B) A member of the state highway patrol retirement system
who has contributions on deposit with, but is no longer
contributing to, a non-uniform retirement system shall, in
computing years of service, be given full credit for transferred
service credit if a transfer to the state highway patrol
retirement system is made under this section. At the request of a
member, the non-uniform system shall transfer to the state highway
patrol retirement system the sum of the following: (1) An amount equal to the amounts transferred to the
non-uniform system under section 145.295, 145.2913, 3307.761,
3307.765, 3309.73, or 3309.731 of the Revised Code; (2) Interest, determined as provided in division (E) of this
section, on the amount specified in division (B)(1) of this
section for the period from the last day of the year in which the
transfer under section 145.295, 145.2913, 3307.761, 3307.765,
3309.73, or 3309.731 of the Revised Code was made to the date a
transfer is made under this section. (C) A member with at least eighteen months of contributing
service credit with the state highway patrol retirement system who
has received a refund of contributions to a non-uniform retirement
system shall, in computing years of service, be given full credit
for transferred service credit if, for each year of service, the
state highway patrol retirement system receives the sum of the
following: (1) An amount, which shall be paid by the member, equal to
the amount refunded by the non-uniform system to the member for
that year for transferred service credit, with interest on that
amount from the date of the refund to the date a payment is made
under this section; (2) Interest, which shall be transferred by the non-uniform
system, on the amount refunded to the member for the period from
the last day of the year in which the transfer under section
145.295, 145.2913, 3307.761, 3307.765, 3309.73, or 3309.731 of the
Revised Code was made to the date the refund was made; (3) If the non-uniform system retained any portion of the
amount transferred under section 145.295, 145.2913, 3307.761,
3307.765, 3309.73, or 3309.731 of the Revised Code, an amount,
which shall be transferred by the non-uniform system, equal to the
amount retained, with interest on that amount for the period from
the last day of the year in which the transfer under section
145.295, 145.2913, 3307.761, 3307.765, 3309.73, or 3309.731 of the
Revised Code was made to the date a transfer is made under this
section. On receipt of payment from the member, the state highway
patrol retirement system shall notify the non-uniform system,
which, on receipt of the notice, shall make the transfer required
by this division. Interest shall be determined as provided in
division (E) of this section. (D) Service credit purchased or obtained under this section
shall be used in computing the pensions payable under section
5505.17 or 5505.18 of the Revised Code. A member may choose to
purchase only part of the credit the member is eligible to
purchase under division (C) of this section in any one payment,
subject to rules adopted by the state highway patrol retirement
board. A member is ineligible to purchase or obtain service
credit under this section for service to be used in the
calculation of any retirement benefit currently being paid or
payable to the member in the future under any other retirement
program or for service credit that may be purchased or obtained
under section 5505.40 of the Revised Code. (E) Interest charged under this section shall be calculated
separately for each year of service credit at the lesser of the
actuarial assumption rate for that year of the state highway
patrol retirement system or of the non-uniform retirement system
to which the credit was transferred under section 145.295,
145.2913, 3307.761, 3307.765, 3309.73, or 3309.731 of the Revised
Code. The interest shall be compounded annually. (F) Any amounts transferred or paid under divisions (B) and
(C) of this section that are attributable to contributions made by
the member or to amounts paid to purchase service credit shall be
credited to the employees' savings fund created under section
5505.03 of the Revised Code. Any remaining amounts shall be
credited to one or more of the funds created under that section as
determined by the board. (G) At the request of the state highway patrol retirement
system, the non-uniform retirement system shall certify to the
state highway patrol retirement system a copy of the records of
the service and contributions of a member who seeks service credit
under this section. The non-uniform retirement system shall
specify the portions of the amounts transferred that are
attributable to employee contributions, employer contributions,
and interest. (H) If a member who is not a current contributor elects to
receive service credit under section 145.2913, 3307.765, or
3309.731 of the Revised Code for transferred service credit, as
defined in those sections, the system shall transfer to the
non-uniform retirement system, as applicable, the amount specified
in division (B) or (C) of section 145.2913, division (B) or (C) of
section 3307.765, or division (B) or (C) of section 3309.731 of
the Revised Code. (I) The board may adopt rules to implement this section.
SECTION 2. That existing sections 145.295, 742.21, 742.371,
742.375, 3307.761, 3309.73, 5505.201, and 5505.40 of the Revised
Code are hereby repealed.
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