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H. B. No. 285 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Becker, Lynch
Cosponsors:
Representatives Damschroder, Thompson, Milkovich, Hood
A BILL
To amend sections 145.01, 145.191, 145.38, 145.384,
145.471, 145.472, 145.58, 742.26, 3307.01,
3307.35, 3307.352, 3309.341, 3309.344, and 3501.13
and to repeal sections 145.381, 145.382, 3307.353,
and 3309.345 of the Revised Code to provide that
an individual retiring on or after the effective
date of this act from one of the state's public
retirement systems who is re-employed as a public
employee will not receive the pension portion of
the retirement allowance for the period of
employment.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 145.01, 145.191, 145.38, 145.384,
145.471, 145.472, 145.58, 742.26, 3307.01, 3307.35, 3307.352,
3309.341, 3309.344, and 3501.13 of the Revised Code be amended to
read as follows:
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.
(4) A person who elects in accordance with section 145.015 of
the Revised Code to remain a contributing member of the public
employees retirement system.
(5) A person who is an employee of the legal rights service
on September 30, 2012, and continues to be employed by the
nonprofit entity established under Section 319.20 of Am. Sub. H.B.
153 of the 129th general assembly. The nonprofit entity is the
employer for the purpose of this chapter.
In all cases of doubt, the public employees retirement board
shall determine under section 145.036, 145.037, or 145.038 of the
Revised Code 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) 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
university, 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 742.01, 3307.01,
3309.01, or 5505.01 of the Revised Code. In addition, "employer"
means the employer of any public employee.
(E) "Prior military 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.
(F) "Contributor" means any person who has an account in the
employees' savings fund created by section 145.23 of the Revised
Code. When used in the sections listed in division (B) of section
145.82 of the Revised Code, "contributor" includes any person
participating in a PERS defined contribution plan.
(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 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. For the exclusive
purpose of satisfying the service credit requirement and of
determining eligibility for benefits under sections 145.32,
145.33, 145.331, 145.332, 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 interest" means interest at any rates for the
respective funds and accounts as the public employees retirement
board may determine from time to time.
(J) "Accumulated contributions" means the sum of all amounts
credited to a contributor's individual account in the employees'
savings fund together with any interest credited to the
contributor's account under section 145.471 or 145.472 of the
Revised Code.
(K)(1) "Final average salary" means the greater of the
following:
(a) The sum of the member's earnable salaries for the
appropriate number of calendar years of contributing service,
determined under section 145.017 of the Revised Code, in which the
member's earnable salary was highest, divided by the same number
of calendar years or, if the member has fewer than the appropriate
number of calendar years of contributing service, the total of the
member's earnable salary for all years of contributing service
divided by the number of calendar years of the member's
contributing service;
(b) The sum of a member's earnable salaries for the
appropriate number of consecutive months, determined under section
145.017 of the Revised Code, that were the member's last months of
service, up to and including the last month, divided by the
appropriate number of years or, if the time between the first and
final months of service is less than the appropriate number of
consecutive months, the total of the member's earnable salary for
all months of contributing service divided by the number of years
between the first and final months of contributing service,
including any fraction of a year, except that the member's final
average salary shall not exceed the member's highest earnable
salary for any twelve consecutive months.
(2) If contributions were made in only one calendar year,
"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, 145.332, 145.37, and 145.46
and former section 145.34 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 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 former division (K)(3) and
former division (Y) of this section and section 145.2916 of the
Revised Code.
(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), (C), or (E) of section
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill
No. 3 of the 119th general assembly, Section 3 of Amended
Substitute Senate Bill No. 164 of the 124th general assembly, or
Amended Substitute House Bill No. 405 of the 124th 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.
(i) The portion of any amount included in section 145.2916 of
the Revised Code that represents employer contributions.
(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) "Contributing service" means both of the following:
(1) 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
in accordance with section 145.016 of the Revised Code.
(2) Service credit received by election of the member under
section 145.814 of the Revised Code.
(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, 145.332, and 145.46 and former section 145.34 of
the Revised Code.
(W) "Employer contribution" means the amount paid by an
employer as determined under section 145.48 of the Revised Code.
(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) "Five years of service credit," for the exclusive purpose
of satisfying the service credit requirements and of determining
eligibility under section 145.33 or 145.332 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.
(Z) "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; 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; 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.
(AA) "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.
(BB) "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.
(CC) "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.
(DD) "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.
(EE) "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.
(FF) "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.
(GG) "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.
(HH) "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.
(II) "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.
(JJ) "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.
(KK) "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.
(LL) "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.
(MM) "Veterans' home police officer" means any person who is
employed at a 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.
(NN) "Special police officer for a mental health institution"
means any person who is designated as such pursuant to section
5119.08 of the Revised Code and is in compliance with section
109.77 of the Revised Code.
(OO) "Special police officer for an institution for the
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.
(PP) "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.
(QQ) "House sergeant at arms" means any person appointed by
the speaker of the house of representatives under division (B)(1)
of section 101.311 of the Revised Code who has arrest authority
under division (E)(1) of that section.
(RR) "Assistant house sergeant at arms" means any person
appointed by the house sergeant at arms under division (C)(1) of
section 101.311 of the Revised Code.
(SS) "Regional transit authority police officer" means a
person who is employed full time as a regional transit authority
police officer under division (Y) of section 306.35 of the Revised
Code and is in compliance with section 109.77 of the Revised Code.
(TT) "State highway patrol police officer" means a special
police officer employed full time and designated by the
superintendent of the state highway patrol pursuant to section
5503.09 of the Revised Code or a person serving full time as a
special police officer pursuant to that section on a permanent
basis on October 21, 1997, who is in compliance with section
109.77 of the Revised Code.
(UU) "Municipal public safety director" means a person who
serves full time as the public safety director of a municipal
corporation with the duty of directing the activities of the
municipal corporation's police department and fire department.
(VV) Notwithstanding section 2901.01 of the Revised Code,
"PERS law enforcement officer" means a sheriff or any of the
following whose primary duties are to preserve the peace, protect
life and property, and enforce the laws of this state: a 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, veterans' home police officer,
special police officer for a mental health institution, special
police officer for an institution for the developmentally
disabled, state university law enforcement officer, municipal
police officer, house sergeant at arms, assistant house sergeant
at arms, regional transit authority police officer, or state
highway patrol police officer. "PERS law enforcement officer" also
includes a person serving as a municipal public safety director at
any time during the period from September 29, 2005, to March 24,
2009, if the duties of that service were to preserve the peace,
protect life and property, and enforce the laws of this state.
(WW) "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 basic training described in
division (D)(1) of section 109.77 of the Revised Code.
(XX) "PERS public safety officer" means a Hamilton county
municipal court bailiff, or any of the following whose primary
duties are other than to preserve the peace, protect life and
property, and enforce the laws of this state: a 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, veterans' home police officer,
special police officer for a mental health institution, special
police officer for an institution for the developmentally
disabled, state university law enforcement officer, municipal
police officer, house sergeant at arms, assistant house sergeant
at arms, regional transit authority police officer, or state
highway patrol police officer. "PERS public safety officer" also
includes a person serving as a municipal public safety director at
any time during the period from September 29, 2005, to March 24,
2009, if the duties of that service were other than to preserve
the peace, protect life and property, and enforce the laws of this
state.
(YY) "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.
(ZZ) "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.
(AAA) "PERS defined benefit plan" means the plan described in
sections 145.201 to 145.79 of the Revised Code.
(BBB) "PERS defined contribution plans" means the plan or
plans established under section 145.81 of the Revised Code.
Sec. 145.191. (A) Except as provided in division (F) of this
section, a public employees retirement system member or
contributor who, as of December 31, 2002, has less than five years
of total service credit is eligible to make an election under this
section. A member or contributor who is employed in more than one
position subject to this chapter is eligible to make only one
election. The election applies to all positions subject to this
chapter.
Not later than June 30, 2003, an eligible member or
contributor may elect to participate in a PERS defined
contribution plan. Unless a form evidencing an election is
received by the system on or before that date, a member or
contributor to whom this section applies is deemed to have elected
to continue participating in the PERS defined benefit plan.
(B) An election under this section shall be made in writing
on a form provided by the system and filed with the system.
(C) On the request of a member or contributor who made an
election under this section, the system shall credit to the plan
elected the accumulated contributions standing to the credit of
the member or contributor in the employees' savings fund and
cancel all service credit and eligibility for any payment,
benefit, or right under the PERS defined benefit plan.
(D) For each member or contributor who elected under this
section to participate in a PERS defined contribution plan and
made a request under division (C) of this section, any additional
deposits that were made by the member or contributor prior to
April 6, 2007, under the version of division (C) of section 145.23
of the Revised Code as it existed immediately prior to that date
shall be credited to the defined contribution plan.
(E) An election under this section is effective as of January
1, 2003, and, except as provided in section 145.814 of the Revised
Code or rules governing the PERS defined benefit plan, is
irrevocable on receipt by the system.
(F) An election may not be made under this section by a
member or contributor who is either of the following:
(1) A PERS retirant who is a member under division (D) of
section 145.38 of the Revised Code;
(2) A a PERS law enforcement officer or a PERS public safety
officer.
Sec. 145.38. (A) As used in this section and sections
145.381 and 145.384 of the Revised Code:
(1) "PERS retirant" means a former member of the public
employees retirement system who is receiving one of the following:
(a) Age and service retirement benefits under section 145.32,
145.33, 145.331, 145.332, or 145.46 or former section 145.34 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;
(c) Any benefit paid under a PERS defined contribution plan.
(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.
(3) "Employ" or "employment" includes providing personal
services pursuant to a contract or as a consultant, as well as
direct employment.
(B)(1) Subject to this section and section 145.381 of the
Revised Code, a PERS retirant or other system retirant may be
employed by a public employer. If so employed employment commenced
prior to the effective date of this amendment, 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, 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 An individual who became a PERS retirant prior to
the effective date of this amendment who has received a retirement
allowance for less than two months when employment subject to this
section division commences shall forfeit the retirement allowance
for any month the PERS retirant is employed prior to the
expiration of the two-month period. 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.
(b) An individual who became an other system retirant prior
to the effective date of this amendment 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 any
month the other system retirant is employed prior to the
expiration of the two-month period. 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.
(c)(3) Contributions made on compensation earned after the
expiration of the two-month period described in division (B)(2) of
this section shall be used in the calculation of the benefit or
payment due under section 145.384 of the Revised Code.
(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)(C) A PERS retirant who enters, prior to the effective
date of this amendment, entered 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 commenced
began 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 this 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)(3) of this section,
this division applies to both of the following:
(a) A PERS retirant who, prior to September 14, 2000, was
subject to division (C)(1)(b) of this section as that division
existed immediately prior to September 14, 2000, and has not
elected pursuant to Am. Sub. S.B. 144 of the 123rd general
assembly to cease to be subject to that division;
(b) A PERS retirant to whom both of the following apply:
(i) The retirant held elective office in this state, or in
any municipal corporation, county, or other political subdivision
of this state at the time of retirement under this chapter.
(ii) 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.
(2) A PERS retirant who is subject to this division is a
member of the public employees retirement system with all the
rights, privileges, and obligations of membership, except that the
membership does not include survivor benefits provided pursuant to
section 145.45 of the Revised Code or, beginning on the ninetieth
day after September 14, 2000, any amount calculated under section
145.401 of the Revised Code. The pension portion of the PERS
retirant's retirement allowance shall be forfeited until the first
day of the first month following termination of the employment.
The annuity portion of the retirement allowance shall 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) This division does not apply to any of the following:
(a) A PERS retirant elected to office who, at the time of the
election for the retirant's current term, was not retired but, not
less than ninety days prior to the primary election for the term
or the date on which a primary for the term would have been held,
filed a written declaration of intent to retire before the end of
the term with the director of the board of elections of the county
in which petitions for nomination or election to the office are
filed;
(b) A PERS retirant elected to office who, at the time of the
election for the retirant's current term, was a retirant and had
been retired for not less than ninety days;
(c) A PERS retirant appointed to office who, at the time of
appointment to the retirant's current term, notified the person or
entity making the appointment that the retirant was already
retired or intended to retire before the end of the term.
(D)(1) Except as provided in division (C) of this section, a
An individual who becomes a PERS retirant or other system retirant
on or after the effective date of this amendment shall forfeit the
pension portion of the retirement allowance for the period
beginning the first day of the month following the month in which
employment begins and ending on the first day of the month
following the month in which employment ends. The annuity portion
of the retirement allowance shall be suspended on the day
employment begins and accumulate to the credit of the retirant to
be used in a recalculation of the retirement allowance after
employment ends. Neither the retirant nor the retirant's employer
shall contribute to the public employees retirement system on the
retirant's behalf.
(E)(1) A public employer that employs a PERS 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. 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.
(2) On receipt of notice from a public employer that an
individual 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 the employment.
(F) 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.
(G)(1) A
PERS retirant or other system retirant subject to
this section is not a member of the public employees retirement
system, and, except as specified in this section does not have any
of the rights, privileges, or obligations of membership. Except as
specified in division (D)(G)(2) of this section, the retirant 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.
(2) A PERS retirant subject to 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)(H) 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)(I) 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.
(G)(J) The public employees retirement board may adopt rules
to carry out this section.
Sec. 145.384. (A) As used in this section, "PERS retirant"
means a PERS retirant who is not subject to division (C) of has
the same meaning as in section 145.38 of the Revised Code. For
purposes of this section, "PERS retirant", except that it also
includes both of the following:
(1) A member who retired under section 145.383 of the Revised
Code;
(2) A retirant whose retirement allowance resumed under
section 145.385 of the Revised Code.
(B)(1) An other system retirant or PERS retirant who has made
contributions under section 145.38 or 145.383 of the Revised Code
or, in the case of a retirant described in division (A)(2) of this
section, section 145.47 of the Revised Code may file an
application with the public employees retirement system to receive
either a benefit, as provided in division (B)(2) of this section,
or payment of the retirant's contributions made under those
sections, as provided in division (H) of this section.
(2) A benefit under this section shall consist of an 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)(2)(a) or (b) of
section 145.38 of the Revised Code, and an amount of the
employer's contributions determined by the board.
(a) Unless, as described in division (I) of this section, the
application is accompanied by a statement of the spouse's consent
to another form of payment or the board waives the requirement of
spousal consent, a PERS retirant or other system retirant who is
married at the time of application for a benefit under this
section shall receive a monthly annuity under which the actuarial
equivalent of the retirant's single life annuity is paid in a
lesser amount for life and one-half of the lesser amount continues
after the retirant's death to the surviving spouse.
(b) A PERS retirant or other system retirant who is not
subject to division (B)(2)(a) of this section shall elect either
to receive the benefit as a monthly annuity or a lump sum payment
discounted to the present value using a rate of interest
determined by the board. A retirant who elects to receive a
monthly annuity shall select one of the following as the plan of
payment:
(i) The retirant's single life annuity;
(ii) The actuarial equivalent of the retirant's single life
annuity in an equal or lesser amount for life and continuing after
death to a surviving beneficiary designated at the time the plan
of payment is selected.
If a retirant who is eligible to select a plan of payment
under division (B)(2)(b) of this section fails to do so, the
benefit shall be paid as a monthly annuity under the plan of
payment specified in rules adopted by the public employees
retirement board.
(c) Notwithstanding divisions (B)(2)(a) and (b) of this
section, if a monthly annuity would be less than twenty-five
dollars per month, the retirant shall receive a lump sum payment.
(C)(1) The death of a spouse or other designated beneficiary
under a plan of payment described in division (B)(2) of this
section cancels that plan of payment. The PERS retirant or other
system retirant shall receive the equivalent of the retirant's
single life annuity, as determined by the board, effective the
first day of the month following the date of death.
(2) On divorce, annulment, or marriage dissolution, a PERS
retirant or other system retirant receiving a benefit described in
division (B)(2) of this section under which the beneficiary is the
spouse may, with the written consent of the spouse or pursuant to
an order of the court with jurisdiction over the termination of
the marriage, elect to cancel the plan and receive the equivalent
of the retirant's single life annuity as determined by the board.
The election shall be made on a form provided by the board and
shall be effective the month following its receipt by the board.
(D) Following a marriage or remarriage, a PERS retirant or
other system retirant who is receiving a benefit described in
division (B)(2)(b)(i) of this section may elect a new plan of
payment under division (B)(2)(b) of this section based on the
actuarial equivalent of the retirant's single life annuity as
determined by the board.
If the marriage or remarriage occurs on or after June 6,
2005, the election must be made not later than one year after the
date of the marriage or remarriage.
The plan elected under this division shall be effective on
the date of receipt by the board of an application on a form
approved by the board, but any change in the amount of the benefit
shall commence on the first day of the month following the
effective date of the plan.
(E) A benefit payable under division (B)(2) of this section
shall commence on the latest of the following:
(1) The last day for which compensation for all employment
subject to section 145.38, 145.383, or 145.385 of the Revised Code
was paid;
(2) Attainment by the PERS retirant or other system retirant
of age sixty-five;
(3) If the PERS retirant or other system retirant was
previously employed under section 145.38, 145.383, or 145.385 of
the Revised Code and is receiving or previously received a benefit
under this section, completion of a period of twelve months since
the effective date of the last benefit under this section;
(4) Ninety days prior to receipt by the board of the member's
completed application for retirement;
(5) A date specified by the retirant.
(F)(1) If a PERS retirant or other system retirant dies while
employed in employment subject to section 145.38, 145.383, or
145.385 of the Revised Code, a lump sum payment shall be paid to
the retirant's beneficiary under division (G) of this section. The
lump sum shall be calculated in accordance with division (H) of
this section if the retirant was under age sixty-five at the time
of death. It shall be calculated in accordance with division
(B)(2) of this section if the retirant was age sixty-five or older
at the time of death.
(2) If at the time of death a PERS retirant or other system
retirant receiving a monthly annuity under division (B)(2)(b)(i)
of this section 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.
(3) If a beneficiary receiving a monthly annuity under
division (B)(2) of this section dies and, at the time of the
beneficiary's death, the total of the amounts paid to the retirant
and beneficiary are less than the amount the retirant would have
received as a lump sum payment, the difference between the total
of the amounts received by the retirant and beneficiary and the
amount that the retirant would have received as a lump sum payment
shall be paid to the beneficiary's estate.
(G) A PERS retirant or other system retirant employed under
section 145.38, 145.383, or 145.385 of the Revised Code may
designate one or more persons as beneficiary to receive any
benefits payable under division (B)(2)(b) of 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)(1) A PERS retirant or other system retirant who applies
under division (B)(1) of this section for payment of the
retirant's contributions and is unmarried or is married and,
unless the board has waived the requirement of spousal consent,
includes with the application a statement of the spouse's consent
to the payment, shall be paid the contributions made under section
145.38 or 145.383 of the Revised Code or, in the case of a
retirant described in division (A)(2) of this section, section
145.47 of the Revised Code, plus interest as provided in section
145.471 of the Revised Code, if the following conditions are met:
(a) The retirant has not attained sixty-five years of age and
has terminated employment subject to section 145.38, 145.383, or
145.385 of the Revised Code for any cause other than death or the
receipt of a benefit under this section.
(b) Three months have elapsed since the termination of the
retirant's employment subject to section 145.38, 145.383, or
145.385 of the Revised Code, other than employment exempted from
contribution pursuant to section 145.03 of the Revised Code.
(c) The retirant has not returned to public service, other
than service exempted from contribution pursuant to section 145.03
of the Revised Code, during the three-month period.
(2) Payment of a retirant's contributions cancels the
retirant's right to a benefit under division (B)(2) of this
section.
(I) A statement of a spouse's consent under division (B)(2)
of this section to the form of a benefit or under division (H) of
this section to a payment of contributions is valid only if signed
by the spouse and witnessed by a notary public. The board may
waive the requirement of spousal consent if the spouse is
incapacitated or cannot be located, or for any other reason
specified by the board. Consent or waiver is effective only with
regard to the spouse who is the subject of the consent or waiver.
(J) No amount received under this section shall be included
in determining an additional benefit under section 145.323 of the
Revised Code or any other post-retirement benefit increase.
Sec. 145.471. (A)(1) On and after December 13, 2000, 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)(2)(a) or (b) of section 145.38 of the Revised Code. For
amounts deposited by a contributor under section 145.62 or the
version of division (C) of section 145.23 of the Revised Code as
it existed immediately prior to the effective date of this
amendment April 6, 2007, interest or earnings shall be credited in
accordance with that section and former division.
(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 December
13, 2000.
(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 December 13, 2000.
(A) Not later than thirty days after December 13, 2000, the
public employees retirement 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)(2)(a) or (b) of
section 145.38 of the Revised Code. For amounts deposited by a
contributor under section 145.62 or the version of division (C) of
section 145.23 of the Revised Code as it existed immediately prior
to the effective date of this amendment April 6, 2007, interest or
earnings shall be credited in accordance with that section or
former division.
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. 145.58. (A) The public employees retirement board shall
adopt rules establishing eligibility for any coverage provided
under this section. The rules shall base eligibility on years and
types of service credit earned by members. Eligibility
determinations shall be made in accordance with the rules, except
that an individual who, as a result of making a false statement in
an attempt to secure a benefit under this section, is convicted of
violating section 2921.13 of the Revised Code is ineligible for
coverage.
(B) The board may enter into agreements with insurance
companies, health insuring corporations, or government agencies
authorized to do business in the state for issuance of a policy or
contract of health, medical, hospital, or surgical benefits, or
any combination thereof, for eligible individuals receiving age
and service retirement or a disability or survivor benefit
subscribing to the plan, or for PERS retirants employed under
section 145.38 of the Revised Code, for coverage of benefits in
accordance with division (C)(G)(2) of section 145.38 of the
Revised Code. Notwithstanding any other provision of this chapter,
the policy or contract may also include coverage for any eligible
individual's spouse and dependent children and for any of the
eligible individual's sponsored dependents as the board determines
appropriate. If all or any portion of the policy or contract
premium is to be paid by any individual receiving age and service
retirement or a disability or survivor benefit, the individual
shall, by written authorization, instruct the board to deduct the
premium agreed to be paid by the individual to the company,
corporation, or agency.
The board may contract for coverage on the basis of part or
all of the cost of the coverage to be paid from appropriate funds
of the public employees retirement system. The cost paid from the
funds of the system shall be included in the employer's
contribution rate provided by sections 145.48 and 145.51 of the
Revised Code. The board may by rule provide coverage to
individuals who are not eligible under the rules adopted under
division (A) of this section if the coverage is provided at no
cost to the retirement system. The board shall not pay or
reimburse the cost for coverage under this section or section
145.584 of the Revised Code for any such individual.
The board may provide for self-insurance of risk or level of
risk as set forth in the contract with the companies,
corporations, or agencies, and may provide through the
self-insurance method specific benefits as authorized by rules of
the board.
(C) The board shall, beginning the month following receipt of
satisfactory evidence of the payment for coverage, pay monthly to
each recipient of service retirement, or a disability or survivor
benefit under the public employees retirement system who is
eligible for coverage under part B of the medicare program
established under Title XVIII of "The Social Security Act
Amendments of 1965," 79 Stat. 301 (1965), 42 U.S.C.A. 1395j, as
amended, an amount determined by the board for such coverage,
except that the board shall make no such payment to any individual
who is not eligible for coverage under the rules adopted under
division (A) of this section or pay an amount that exceeds the
amount paid by the recipient for the coverage.
At the request of the board, the recipient shall certify to
the retirement system the amount paid by the recipient for
coverage described in this division.
(D) The board shall establish by rule requirements for the
coordination of any coverage, payment, or benefit provided under
this section or section 145.584 of the Revised Code with any
similar coverage, payment, or benefit made available to the same
individual by the Ohio police and fire pension fund, state
teachers retirement system, school employees retirement system, or
state highway patrol retirement system.
(E) The board shall make all other necessary rules pursuant
to the purpose and intent 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.
(4) "Employ" or "employment" includes providing personal
services pursuant to a contract or as a consultant, as well as
direct employment.
(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 employment commenced before the effective date of this
amendment, 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 individual who became an OPFPF retirant or other
system retirant prior to the effective date of this amendment who
has received a retirement allowance or benefit for less than two
months when employment subject to this section division 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.
(D) An individual who becomes an OPFPF retirant or other
system retirant on or after the effective date of this amendment
shall forfeit the pension portion of the retirement allowance or
benefit for the period beginning the first day of the month
following the month in which employment begins and ending on the
first day of the month following the month in which employment
ends. The annuity portion of the retirement allowance or benefit
shall be suspended on the day employment begins and be used in a
recalculation of the retirement allowance after employment ends.
Neither the retirant nor the retirant's employer shall contribute
to the Ohio police and fire pension fund on the retirant's behalf.
(E) A police or fire department 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 an individual 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.
(F) 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)(G)(1) On termination of employment under this section, an
OPFPF retirant or other system retirant may file an application
with the board of trustees of the fund to receive either a
benefit, as provided in division (F)(G)(2) of this section, or
payment of the retirant's contributions made under this section,
as provided in division (H)(I) of this section.
(2) A benefit under this section shall consist of an 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)(C)(2) of this section, together with interest
credited thereon at the rate determined by the board.
(a) Unless, as described in division (I)(J) of this section,
the application is accompanied by a statement of the spouse's
consent to another form of payment or the board of trustees waives
the requirement of spousal consent, a retirant who is married at
the time of application under this division shall receive a
monthly annuity under which the actuarial equivalent of the
retirant's single life annuity is paid in a lesser amount for life
and one-half of the lesser amount continues after the retirant's
death to the surviving spouse.
(b) A retirant who is not subject to division (F)(G)(2)(a) of
this section shall elect to receive either a monthly annuity or a
lump-sum lump sum payment. If the retirant fails to elect a plan
of payment, the annuity shall be paid as a monthly annuity under
the plan of payment specified in rules adopted by the board of
trustees of the fund.
A retirant who elects to receive a monthly annuity shall
select one of the following as the plan of payment:
(i) The retirant's single life annuity;
(ii) The actuarial equivalent of the retirant's single life
annuity in an equal or lesser amount for life and continuing after
death to a surviving beneficiary designated at the time the plan
of payment is selected.
(c) Notwithstanding divisions (F)(G)(2)(a) and (b) of this
section, if a monthly annuity would be less than twenty-five
dollars per month, the retirant shall receive a lump sum payment.
(3) Interest shall be credited to accounts only at the time
of calculation of a benefit payable under division (F)(G)(2) of
this section.
(4) 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.
(5) 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)(H)(1) If an OPFPF retirant or other system retirant dies
while employed in employment subject to this section, a lump-sum
lump sum payment calculated in accordance with division (F)(G)(2)
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)(G)(2) of
this section has received less than would have been received as a
lump-sum lump sum payment under division (F)(G)(2) of this
section, the difference between the amount received and the amount
that would have been received as a
lump-sum lump sum payment shall
be paid to the retirant's surviving spouse, or if there is no
surviving spouse, to the retirant's estate.
(3) If a beneficiary receiving a monthly annuity under
division (F)(G)(2) of this section dies and, at the time of the
beneficiary's death, the total of the amounts paid to the retirant
and beneficiary are less than the amount the retirant would have
received as a lump sum payment, the difference between the total
of the amounts received by the retirant and beneficiary and the
amount that the retirant would have received as a lump sum payment
shall be paid to the beneficiary's estate.
(H)(I)(1) An OPFPF retirant or other system retirant who
applies under division (F)(G)(1) of this section for payment of
the retirant's contributions and is unmarried or is married and,
unless the board of trustees has waived the requirement of spousal
consent, includes with the application a statement of the spouse's
consent to the payment shall be paid the contributions made under
division (C)(1) of this section, plus interest, if the following
conditions are met:
(a) The retirant has not attained sixty years of age and has
terminated employment subject to this section for any cause other
than death or the receipt of a benefit under division (F)(G) of
this section.
(b) Three months have elapsed since the termination of
employment subject to this section.
(c) The retirant has not returned to service subject to this
chapter or Chapter 145., 3307., or 3309. of the Revised Code,
other than service exempted from contribution to the public
employees retirement system pursuant to section 145.03 of the
Revised Code, during the three-month period.
(2) Payment of a retirant's contributions cancels the
retirant's right to a benefit under division (F)(G) of this
section.
(I)(J) A statement of a spouse's consent under division
(F)(G) of this section to the form of a benefit or under division
(H)(I) of this section to a payment of contributions is valid only
if signed by the spouse and witnessed by a notary public. The
board of trustees may waive the requirement of spousal consent if
the spouse is incapacitated or cannot be located, or for any other
reason specified by the board. Consent or waiver is effective only
with regard to the spouse who is the subject of the consent or
waiver.
(J)(K) 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.
(K)(L) 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.
(L)(M) 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.
(M)(N) 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)(O) The board of trustees of the fund may adopt rules to
carry out this section.
Sec. 3307.01. As used in this chapter:
(A) "Employer" or "public employer" means the board of
education, school district, governing authority of any community
school established under Chapter 3314. of the Revised Code, a
science, technology, engineering, and mathematics school
established under Chapter 3326. of the Revised Code, college,
university, institution, or other agency within the state by which
a teacher is employed and paid.
(B) "Teacher" means all of the following:
(1) Any person paid from public funds and employed in the
public schools of the state under any type of contract described
in section 3311.77 or 3319.08 of the Revised Code in a position
for which the person is required to have a license issued pursuant
to sections 3319.22 to 3319.31 of the Revised Code;
(2) Any person employed as a teacher by a community school or
a science, technology, engineering, and mathematics school
pursuant to Chapter 3314. or 3326. of the Revised Code;
(3) Any person having a license issued pursuant to sections
3319.22 to 3319.31 of the Revised Code and employed in a public
school in this state in an educational position, as determined by
the state board of education, under programs provided for by
federal acts or regulations and financed in whole or in part from
federal funds, but for which no licensure requirements for the
position can be made under the provisions of such federal acts or
regulations;
(4) Any person having a license issued pursuant to sections
3319.22 to 3319.31 of the Revised Code and performing services
that are funded under section 3317.06 of the Revised Code and
provided to students attending nonpublic schools, without regard
to whether the services are performed in a public school and
whether the person is employed under a contract with a third
party;
(5) Any other teacher or faculty member employed in any
school, college, university, institution, or other agency wholly
controlled and managed, and supported in whole or in part, by the
state or any political subdivision thereof, including Central
state university, Cleveland state university, and the university
of Toledo;
(6) The educational employees of the department of education,
as determined by the state superintendent of public instruction.
In all cases of doubt, the state teachers retirement board
shall determine whether any person is a teacher, and its decision
shall be final.
"Teacher" does not include any eligible employee of a public
institution of higher education, as defined in section 3305.01 of
the Revised Code, who elects to participate in an alternative
retirement plan established under Chapter 3305. of the Revised
Code.
(C) "Member" means any person included in the membership of
the state teachers retirement system, which shall consist of all
teachers and contributors as defined in divisions (B) and (D) of
this section and all disability benefit recipients, as defined in
section 3307.50 of the Revised Code. However, for purposes of this
chapter, the following persons shall not be considered members:
(1) A student, intern, or resident who is not a member while
employed part-time by a school, college, or university at which
the student, intern, or resident is regularly attending classes;
(2) A person denied membership pursuant to section 3307.24 of
the Revised Code;
(3) An other system retirant, as defined in section 3307.35
of the Revised Code, or a superannuate;
(4) An individual employed in a program established pursuant
to the "Job Training Partnership Act," 96 Stat. 1322 (1982), 29
U.S.C.A. 1501;
(5) The surviving spouse of a member or retirant if the
surviving spouse's only connection to the retirement system is an
account in an STRS defined contribution plan.
(D) "Contributor" means any person who has an account in the
teachers' savings fund or defined contribution fund, except that
"contributor" does not mean a member or retirant's surviving
spouse with an account in an STRS defined contribution plan.
(E) "Beneficiary" means any person eligible to receive, or in
receipt of, a retirement allowance or other benefit provided by
this chapter.
(F) "Year" means the year beginning the first day of July and
ending with the thirtieth day of June next following, except that
for the purpose of determining final average salary under the plan
described in sections 3307.50 to 3307.79 of the Revised Code,
"year" may mean the contract year.
(G) "Local district pension system" means any school teachers
pension fund created in any school district of the state in
accordance with the laws of the state prior to September 1, 1920.
(H) "Employer contribution" means the amount paid by an
employer, as determined by the employer rate, including the normal
and deficiency rates, contributions, and funds wherever used in
this chapter.
(I) "Five years of service credit" means employment covered
under this chapter and employment covered under a former
retirement plan operated, recognized, or endorsed by a college,
institute, university, or political subdivision of this state
prior to coverage under this chapter.
(J) "Actuary" means an actuarial professional contracted with
or employed by the state teachers retirement board, who shall be
either of the following:
(1) A member of the American academy of actuaries;
(2) A firm, partnership, or corporation of which at least one
person is a member of the American academy of actuaries.
(K) "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.
(L)(1) Except as provided in this division, "compensation"
means all salary, wages, and other earnings paid to a teacher by
reason of the teacher's employment, including compensation paid
pursuant to a supplemental contract. The salary, wages, and other
earnings shall be determined prior to determination of the amount
required to be contributed to the teachers' savings fund or
defined contribution fund under section 3307.26 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.
(2) Compensation does not include any of the following:
(a) Payments for accrued but unused sick leave or personal
leave, including payments made under a plan established pursuant
to section 124.39 of the Revised Code or any other plan
established by the employer;
(b) Payments made for accrued but unused vacation leave,
including payments made pursuant to section 124.13 of the Revised
Code or a plan established by the employer;
(c) Payments made for vacation pay covering concurrent
periods for which other salary, compensation, or benefits under
this chapter or Chapter 145. or 3309. of the Revised Code are
paid;
(d) Amounts paid by the employer to provide life insurance,
sickness, accident, endowment, health, medical, hospital, dental,
or surgical coverage, or other insurance for the teacher or the
teacher's family, or amounts paid by the employer to the teacher
in lieu of providing the insurance;
(e) Incidental benefits, including lodging, food, laundry,
parking, or services furnished by the employer, use of the
employer's property or equipment, and reimbursement for
job-related expenses authorized by the employer, including moving
and travel expenses and expenses related to professional
development;
(f) Payments made by the employer in exchange for a member's
waiver of a right to receive any payment, amount, or benefit
described in division (L)(2) of this section;
(g) Payments by the employer for services not actually
rendered;
(h) Any amount paid by the employer as a retroactive increase
in salary, wages, or other earnings, unless the increase is one of
the following:
(i) A retroactive increase paid to a member employed by a
school district board of education in a position that requires a
license designated for teaching and not designated for being an
administrator issued under section 3319.22 of the Revised Code
that is paid in accordance with uniform criteria applicable to all
members employed by the board in positions requiring the licenses;
(ii) A retroactive increase paid to a member employed by a
school district board of education in a position that requires a
license designated for being an administrator issued under section
3319.22 of the Revised Code that is paid in accordance with
uniform criteria applicable to all members employed by the board
in positions requiring the licenses;
(iii) A retroactive increase paid to a member employed by a
school district board of education as a superintendent that is
also paid as described in division (L)(2)(h)(i) of this section;
(iv) A retroactive increase paid to a member employed by an
employer other than a school district board of education in
accordance with uniform criteria applicable to all members
employed by the employer.
(i) Payments made to or on behalf of a teacher 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. For a teacher who first establishes
membership before July 1, 1996, the annual compensation that may
be taken into account by the retirement system shall be determined
under division (d)(3) of section 13212 of the "Omnibus Budget
Reconciliation Act of 1993," Pub. L. No. 103-66, 107 Stat. 472.
(j) Payments made under division (B), (C), or (E) of section
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill
No. 3 of the 119th general assembly, Section 3 of Amended
Substitute Senate Bill No. 164 of the 124th general assembly, or
Amended Substitute House Bill No. 405 of the 124th general
assembly;
(k) Anything of value received by the teacher that is based
on or attributable to retirement or an agreement to retire;
(l) Any amount paid by the employer as a retroactive payment
of earnings, damages, or back pay pursuant to a court order,
court-adopted settlement agreement, or other settlement agreement,
unless the retirement system receives both of the following:
(i) Teacher and employer contributions under sections 3307.26
and 3307.28 of the Revised Code, plus interest compounded annually
at a rate determined by the board, for each year or portion of a
year for which amounts are paid under the order or agreement;
(ii) Teacher and employer contributions under sections
3307.26 and 3307.28 of the Revised Code, plus interest compounded
annually at a rate determined by the board, for each year or
portion of a year not subject to division (L)(2)(l)(i) of this
section for which the board determines the teacher was improperly
paid, regardless of the teacher's ability to recover on such
amounts improperly paid.
(3) The retirement board shall determine both of the
following:
(a) Whether particular forms of earnings are included in any
of the categories enumerated in this division;
(b) Whether any form of earnings not enumerated in this
division is to be included in compensation.
Decisions of the board made under this division shall be
final.
(M) "Superannuate" means both of the following:
(1) A former teacher receiving from the system a retirement
allowance under section 3307.58 or 3307.59 of the Revised Code;
(2) A former teacher receiving a benefit from the system
under a plan established under section 3307.81 of the Revised
Code, except that "superannuate" does not include a former teacher
who is receiving a benefit based on disability under a plan
established under section 3307.81 of the Revised Code.
For purposes of sections section 3307.35 and 3307.353 of the
Revised Code, "superannuate" also means a former teacher receiving
from the system a combined service retirement benefit paid in
accordance with section 3307.57 of the Revised Code, regardless of
which retirement system is paying the benefit.
(N) "STRS defined benefit plan" means the plan described in
sections 3307.50 to 3307.79 of the Revised Code.
(O) "STRS defined contribution plan" means the plans
established under section 3307.81 of the Revised Code and includes
the STRS combined plan under that section.
Sec. 3307.35. (A) As used in this section and section
3307.352 of the Revised Code, "other:
(1) "Other system retirant" means both of the following:
(1)(a) 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 from a
system of which the retirant is a member or former member age and
service or commuted age and service retirement, a benefit,
allowance, or distribution under a plan established under section
145.81 or 3309.81 of the Revised Code, or a disability benefit;
(2)(b) A person who is participating or has participated in
an alternative retirement plan established under Chapter 3305. of
the Revised Code and is receiving a benefit, allowance, or
distribution under the plan.
(2) "Employ" or "employment" includes providing personal
services pursuant to a contract or as a consultant, as well as
direct employment.
(B)(1) Subject to this section and section 3307.353 of the
Revised Code, a superannuate or other system retirant may be
employed as a teacher.
(C) A If employment commenced before the effective date of
this amendment, the superannuate or other system retirant employed
in accordance with this section division 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.
(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.
(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.
(F) A (2) An individual who became a superannuate or other
system retirant prior to the effective date of this amendment who
has received an allowance or benefit for less than two months when
employment subject to this section division or section 3305.05 of
the Revised Code commences shall forfeit the allowance or benefit
for any month the superannuate or retirant is employed prior to
the expiration of such period. The allowance or benefit forfeited
each month shall be equal to the monthly amount the superannuate
or other system retirant is eligible to receive under a single
lifetime benefit plan of payment described in section 3307.60 of
the Revised Code. 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 section 3307.352 of the Revised Code.
(G)(C) An individual who becomes a superannuate or other
system retirant on or after the effective date of this amendment
shall forfeit the pension portion of the retirement allowance for
the period beginning the first day of the month following the
month in which employment begins and ending on the first day of
the month following the month in which employment ends. The
annuity portion of the retirement allowance shall be suspended on
the day employment begins and accumulate to the credit of the
superannuate or retirant to be used in a recalculation of the
retirement allowance after employment ends. Neither the
superannuate or retirant nor the employer shall contribute to the
state teachers retirement system on behalf of the superannuate or
retirant.
(D) 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.
(E)(1) The public 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.
(2) On receipt of notice from an employer that an individual
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.
(F) 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.
(H)(G) 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 the
retirant, 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.
(I)(H) 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.
(J)(I) 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. 3307.352. For purposes of this section, "superannuate"
includes a member who retired under section 3307.351 of the
Revised Code.
(A) Except as provided in division (B)(3) of this section, a
superannuate or other system retirant who has made contributions
under section 3307.35 or 3307.351 of the Revised Code may file an
application with the state teachers retirement system for a
benefit consisting of a single life annuity. The annuity shall
have 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)(B)(2) of
section 3307.35 of the Revised Code, and an amount determined by
the state teachers retirement board from the employers' trust
created by section 3307.14 of the Revised Code, plus interest
credited to the date of retirement at a rate of interest
determined by the board. 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 a
rate of interest determined by the board, 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.
A benefit payable under this division shall commence on the
first day of the month immediately following the latest of the
following:
(1) The last day for which compensation for employment
subject to this section was paid;
(2) Attainment by the superannuate or other system retirant
of age sixty-five;
(3) If the superannuate or other system retirant was
previously employed under section 3307.35 or 3307.351 of the
Revised Code 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.
(B)(1) A superannuate or other system retirant under age
sixty-five who has made contributions under section 3307.35 or
3307.351 of the Revised Code may file an application with the
state teachers retirement system for a return of those
contributions if both of the following conditions are met:
(a) The superannuate or retirant has terminated, for any
reason other than death, the employment for which the
contributions were made.
(b) If the superannuate or retirant received a return of
contributions under this division for a previous period of
employment under section 3307.35 or 3307.351 of the Revised Code,
twelve months have passed since the date the retirement system
returned the contributions.
(2) A return of contributions under this division shall
consist of the sum of the following:
(a) The contributions the superannuate or other system
retirant made under section 3307.35 or 3307.351 of the Revised
Code other than the contributions excluded under division
(F)(B)(2) of section 3307.35 of the Revised Code;
(b) Interest at a rate determined by the state teachers
retirement board credited through the later of the month the
superannuate or retirant terminated the employment for which the
contributions are made or the date required by division (B)(1)(b)
of this section.
(3) Payment of a return of contributions under this division
shall be made on a date determined by the state teachers
retirement board but shall be not earlier than the later of the
first day of the first month following termination of employment
or the date required by division (B)(1)(b) of this section. The
payment cancels the superannuate superannuate's or retirant's
right to a benefit under division (A) of this section for the
service for which the contributions were made.
(C)(1) If a superannuate or other system retirant who made
contributions under section 3307.35 or 3307.351 of the Revised
Code dies before receiving a benefit under division (A) of this
section or a return of contributions under division (B) of this
section, a lump sum payment shall be paid to the beneficiary
designated under division (D)(1) of section 3307.562 of the
Revised Code. The lump sum shall be calculated in accordance with
division (A) of this section, except that the interest shall be
credited as follows:
(a) If the superannuate or retirant was under age sixty-five
at the time of death, the interest shall be credited through the
month of death.
(b) If the superannuate or retirant was age sixty-five or
older at the time of death, the interest shall be credited through
the later of the month in which the superannuate or retirant
terminated the employment for which the contributions are made or
the month the superannuate or retirant attained age sixty-five.
(2) If at the time of death a superannuate or other system
retirant receiving a monthly annuity under division (A) of this
section 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)(1) of section 3307.562
of the Revised Code.
(D) 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.
Sec. 3309.341. (A) As used in this section and section
3309.344 of the Revised Code:
(1) "SERS retirant" means any person who is receiving a
retirement allowance from the school employees retirement system
under section 3309.36 or 3309.381 or former section 3309.38 of the
Revised Code or any benefit paid under a plan established under
section 3309.81 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.
(3) "Employ" or "employment" includes providing personal
services pursuant to a contract or as a consultant, as well as
direct employment.
(B)(1) Subject to this section and section 3309.345 of the
Revised Code, an SERS retirant or other system retirant may be
employed by a public employer. If so employed employment commenced
before the effective date of this amendment, 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 individual who became an SERS retirant or other system
retirant prior to the effective date of this amendment who has
received a retirement allowance or disability benefit for less
than two months when employment subject to this section division
commences shall forfeit the retirement allowance or disability
benefit for any month the SERS retirant or other system retirant
is employed prior to the expiration of the two-month period.
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. Contributions made on
compensation earned after the expiration of such period shall be
used in the calculation of the benefit or payment due under
section 3309.344 of the Revised Code.
(C) An individual who becomes an SERS retirant or other
system retirant on or after the effective date of this amendment
shall forfeit the pension portion of the retirement allowance for
the period beginning the first day of the month following the
month in which employment begins and ending on the first day of
the month following the month in which employment ends. The
annuity portion of the retirement allowance shall be suspended on
the day employment begins and accumulate to the credit of the
retirant to be used in a recalculation of the retirement allowance
after employment ends. Neither the retirant nor the retirant's
employer shall contribute to the school employees retirement
system on the retirant's behalf.
(D) An employer that employs an SERS retirant or other system
retirant shall notify the school employees 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
an individual 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.
(E) 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)(F) 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.
(F)(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.
(G)(H) 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.
(H)(I) The school employees retirement board may adopt rules
to carry out this section.
Sec. 3309.344. For purposes of this section, "SERS retirant"
includes a member who retired under section 3309.343 of the
Revised Code.
(A) Except as provided in division (B)(3) of this section, an
SERS retirant or other system retirant who has made contributions
under section 3309.341 or 3309.343 of the Revised Code may file an
application with the school employees retirement system for a
benefit consisting of a single life annuity. The annuity shall
have 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)(B)(2) of section
3309.341 of the Revised Code, and an amount of the employer's
contributions determined by the board, plus interest credited to
the date of retirement at a rate determined by the board. 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 a rate of interest
determined by the board, except that if the monthly annuity would
be less than twenty-five dollars per month, the retirant shall
receive a lump sum payment.
A benefit payable under this division shall commence on the
first day of the month after the latest of the following:
(1) The last day for which compensation for all employment
subject to sections 3309.341 and 3309.343 of the Revised Code was
paid;
(2) Attainment by the SERS retirant or other system retirant
of age sixty-five;
(3) If the SERS retirant or other system retirant was
previously employed under section 3309.341 or 3309.343 of the
Revised Code 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.
(B)(1) An SERS or other system retirant under age sixty-five
who has made contributions under section 3309.341 or 3309.343 of
the Revised Code may file an application with the school employees
retirement system for a return of those contributions if both of
the following conditions are met:
(a) The retirant has terminated, for any reason other than
death, the employment for which the contributions were made.
(b) If the retirant received a return of contributions under
this division for a previous period of employment under section
3309.341 or 3309.343 of the Revised Code, twelve months have
passed since the date the retirement system returned the
contributions.
(2) A return of contributions under this division shall
consist of all of the contributions the SERS or other system
retirant made under section 3309.341 or 3309.343 of the Revised
Code.
(3) Payment of a return of contributions under this division
cancels the SERS or other system retirant's right to a benefit
under division (A) of this section for the service for which the
contributions were made.
(C)(1) If an SERS retirant or other system retirant who made
contributions under section 3309.341 or 3309.343 of the Revised
Code dies before receiving a benefit under division (A) of this
section or a return of contributions under division (B) of this
section, a lump sum payment shall be paid to the beneficiary under
division (D) of this section. The lump sum shall be calculated in
accordance with division (A) of this section.
(2) If at the time of death an SERS retirant or other system
retirant receiving a monthly annuity under division (A) of this
section 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 (D) of
this section.
(D) An SERS retirant or other system retirant employed under
section 3309.341 or 3309.343 of the Revised Code 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.
(E) No amount received under this section shall be included
in determining an additional benefit under section 3309.374 of the
Revised Code or any other post-retirement benefit increases.
Sec. 3501.13. (A) The director of the board of elections
shall keep a full and true record of the proceedings of the board
and of all moneys received and expended; file and preserve in the
board's office all orders and records pertaining to the
administration of registrations, primaries, and elections; receive
and have the custody of all books, papers, and property belonging
to the board; and perform other duties in connection with the
office of director and the proper conduct of elections as the
board determines.
(B) Before entering upon the duties of the office, the
director shall subscribe to an oath that the director will support
the Constitution of the United States and the Ohio Constitution,
perform all the duties of the office to the best of the director's
ability, enforce the election laws, and preserve all records,
documents, and other property pertaining to the conduct of
elections placed in the director's custody.
(C) The director may administer oaths to persons required by
law to file certificates or other papers with the board, to judges
of elections, to witnesses who are called to testify before the
board, and to voters filling out blanks at the board's offices.
Except as otherwise provided by state or federal law, the records
of the board and papers and books filed in its office are public
records and open to inspection under such reasonable regulations
as shall be established by the board. The following notice shall
be posted in a prominent place at each board office:
"Except as otherwise provided by state or federal law,
records filed in this office of the board of elections are open to
public inspection during normal office hours, pursuant to the
following reasonable regulations: (the board shall here list its
regulations). Whoever prohibits any person from inspecting the
public records of this board is subject to the penalties of
section 3599.161 of the Revised Code."
(D) Upon receipt of a written declaration of intent to retire
as provided for in section 145.38 of the Revised Code, the
director shall provide a copy to each member of the board of
elections.
Section 2. That existing sections 145.01, 145.191, 145.38,
145.384, 145.471, 145.472, 145.58, 742.26, 3307.01, 3307.35,
3307.352, 3309.341, 3309.344, and 3501.13 and sections 145.381,
145.382, 3307.353, and 3309.345 of the Revised Code are hereby
repealed.
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