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Ohio Laws and Rules
The term “three years of contributing service or membership” as used in section 145.20, 145.28, as effective prior to May 4, 1992, or 145.30 of the Revised Code, as effective prior to August 1, 1959, means thirty-six months of contributing service to the public employees retirement system.
R.C. 119.032 review dates: 09/29/2006 and 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09
Rule Amplifies: 145.20, 145.28, 145.30
Prior Effective Dates: 1/1/03; 10/3/92; 12/4/89; 6/19/47.
A retirant shall be permitted to reopen the retirant’s case for the purpose of receiving additional prior service credit, as defined in section 145.01 of the Revised Code, not claimed at the time of retirement. The increased allowance on such additional service credit shall become payable the month after evidence is submitted to and accepted by the public employees retirement board.
Effective: 01/01/2007
R.C. 119.032 review dates: 09/29/2006 and 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09
Rule Amplifies: 145.01
Prior Effective Dates: 1/1/03, 12/4/89, 7/14/55.
(A) For the purpose of section 145.293 of the Revised Code:
(1) “Comparable position” means a comparable public position that if it had been performed for an Ohio public employer would have been covered by an Ohio state retirement system;
(2) “First year of Ohio service” means first twelve successive months of full-time contributing service in the public employees retirement system subsequent to the termination date of the service to be purchased.
(B)
(1) The retirement system shall prepare a statement of the cost, including interest, for the service to be purchased based on the request of a member who shall provide a certification of the service on a form provided by the retirement system.
(2) Interest at a rate set by the public employees retirement board shall be charged from the first day of membership in the retirement system subsequent to the termination date of the service to be purchased through the last day of the month in which payment is made.
(C) Service credit under section 145.293 of the Revised Code may be purchased if such credit cannot be purchased in another Ohio state retirement system and will not exceed the limitations of section 145.293 of the Revised Code.
Effective: 01/01/2007
R.C. 119.032 review dates: 09/29/2006 and 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09
Rule Amplifies: 145.293
Prior Effective Dates: 1/1/03, 8/6/90, 1/1/78, 5/21/75
(A) This rule amplifies section 145.30 of the Revised Code.
(B) Definitions
(1) “Maintained membership” means any of the following:
(a) The member’s contributions remained with the public employees retirement system during the military service;
(b) The member’s accumulated contributions before the member’s military service were refunded pursuant to section 145.40 of the Revised Code and redeposited pursuant to section 145.31 of the Revised Code; or
(c) The member was exempt from membership or not a contributor to the retirement system before the member’s military service, but Chapter 145. of the Revised Code authorizes a retroactive payment to establish membership before the member’s military service.
(2) “Military service” means active duty in the branches of the armed forces as defined in section 145.30 of the Revised Code.
(3) “Total service credit as defined in section 145.01 of the Revised Code of twenty years” means twenty years of Ohio credit exclusive of military or uniformed service.
(4) “Was a member” means membership before the member’s military service was established in the same manner as defined in paragraph (B)(1) of this rule.
(5) “Was or is out of active service as a public employee by reason of having become a member of the armed forces” means:
(a) On or before November 13, 1965, the member established membership in the retirement system with one deduction and no more than three months had elapsed between the termination of the member’s contributing service and the date the member entered military service.
(b) After November 13, 1965, the member established one year of service credit in the retirement system and no more than three months have elapsed between the termination of the member’s contributing service and the date the member entered military service.
(c) For military service that begins before November 13, 1965 and terminates after such date, free military service credit shall be granted if the member meets the eligibility requirements pursuant to section 145.30 of the Revised Code in effect during each period of military service before and after November 13, 1965 and not more than three months had elapsed between the termination of the member’s contributing service and the date the member entered military service.
(C)
(1) The service credit to which a member is entitled shall be calculated from the date the member entered military service through the date the military service terminated.
(2) The member shall submit report(s) of separation (form DD214) or other satisfactory documentation as evidence of military service and discharge to the retirement system.
(D) Military service shall be the equivalent of prior service credit only if the member made the one-half additional payment as required by section 145.31 of the Revised Code to the employers’ accumulation fund, as defined in section 145.23 of the Revised Code, during the period between November 30, 1953, and August 20, 1976.
Effective: 01/01/2007
R.C. 119.032 review dates: 09/29/2006 and 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09
Rule Amplifies: 145.30
Prior Effective Dates: 1/1/03, 11/2/00, 3/27/99, 11/2/96, 1/2/90, 7/13/72
(A) This rule amplifies sections 145.301 and 145.302 of the Revised Code.
(B) The member shall submit report(s) of separation (form DD214) or other satisfactory documentation to the public employees retirement system as evidence of the member’s military service and discharge.
(C) If a member has been in military service more than once as evidenced by more than one report of separation or service and wishes to purchase credit under section 145.302 of the Revised Code for more than one period of military service, interest as set in rule 145-1-35 of the Administrative Code shall be charged from the date the member last terminated military service.
(D)
(1) For military service purchased under section 145.301 of the Revised Code, the retirement system shall calculate the cost by using the member’s earnable salary for the twelve months of contributing service under Chapter 145., 3307., or 3309. of the Revised Code immediately preceding the month in which the application to purchase is received by the system.
(2) Annually the public employees retirement board shall set the percentage rate for the cost of service allowed under section 145.301 of the Revised Code, based upon its actuary’s recommendation.
(E) Where applicable, the member’s public employer shall certify information including, but not limited to, the earnable salary the member would have earned during the member’s military service on a form provided by the retirement system.
(F) The employer contributions due pursuant to section 145.302 of the Revised Code shall be billed to the employer for payment after the member has paid all or part of the employee contributions due. If the employer fails to make the payments required, any employer amounts not paid shall be certified for collection and subject to the same penalty and interest described in section 145.51 of the Revised Code.
Effective: 01/01/2007
R.C. 119.032 review dates: 09/29/2006 and 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09
Rule Amplifies: 145.301, 145.302
Prior Effective Dates: 1/1/03, 5/4/00, 11/2/96, 8/6/98/ 1/2/98, 1/1/78, 8/15/73.
(A) This rule amplifies section 145.201 of the Revised Code.
(B)
(1) “Full-time service” does not include service computed as part-time pursuant to division (T) of section 145.01 of the Revised Code.
(2) The public employees retirement system shall prepare a statement of cost for the additional service credit to be purchased based on the request of an eligible member.
(3) The statement of cost shall be based on thirty-five per cent of all eligible full-time service.
(4) The retirement system shall issue a statement of cost that which shall include full calendar years of eligible service and may include a partial calendar year if the partial calendar year is:
(a) The only eligible service;
(b) The first year of a term of eligible service; or
(c) The last year of a term of eligible service.
(C) A member who purchased service under section 145.201 of the Revised Code may elect, on a form provided by the retirement system, to receive all or a portion of the amount paid under that section if, in calculating the member’s age and service retirement allowance, either of the following apply:
(1) In the case of a member of the traditional pension plan whose retirement allowance is calculated under division (A)(5) of section 145.33 of the Revised Code, the member’s total annual single lifetime allowance exceeds the lesser of one hundred per cent of the member’s final average salary or the limit established by section 415 of the Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S. C.A. 415.
(2) In the case of a participant in the combined plan, the participant’s total annual single lifetime allowance exceeds the lesser of the limits described in section 9.03(a) of the combined plan document.
(D) The retirement system shall refund to a member eligible under paragraph (C) of this rule all or a portion of the amount paid to purchase service only in increments of thirty-five per cent of a full calendar year of service or such partial years of service as described in paragraph (B)(4) of this rule. The retirement system shall refund the amounts paid to purchase service credit in the reverse order of the member’s purchase, with the most recent service purchased being the first amount refunded.
(E) The amount refunded to the member shall not exceed the actual amount paid by the member for the service credit to be refunded. No interest shall be paid on the amount refunded. If applicable, the retirement system shall withhold taxes on amounts paid to a member that have not yet been taxed.
(F) The amount refunded to the member shall not be paid prior to the issuance of the member’s finalized retirement benefit, as defined in rule 145-1-65 of the Administrative Code.
Effective: 12/30/2007
R.C. 119.032 review dates: 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09.
Rule Amplifies: 145.201.
Prior Effective Dates: 4/6/07 (Emer.); 1/1/07; 1/1/03; 9/6/88; 4/7/88.
(A) This rule amplifies section 145.299 of the Revised Code.
(B)
(1) The member shall submit a written request that shall include a certification of the service on a form provided by the public employees retirement system.
(2) A member shall purchase credit for such service only by a lump-sum payment as defined in rule 145-1-35 of the Administrative Code.
(3) A member may purchase credit only for such qualified service that occurred prior to June 30, 1991.
Effective: 01/01/2007
R.C. 119.032 review dates: 09/29/2006 and 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09, 145.299
Rule Amplifies: 145.299
Prior Effective Dates: 1/1/03, 9/30/91
(A)
(1) For service which would have been covered by Chapter 145. of the Revised Code, but was exempted, a member shall make a request to purchase credit for this service on a form provided by the public employees retirement system.
(2) The employer for which the service was performed shall complete the certification of such service on the form and employer shall attach to the form a copy of each approved written exemption from membership on file with the employer for such member.
(3) After receipt of the completed form, the retirement system shall determine the amount of service credit that would have been earned had the service not been exempted.
(B) For service which would have been covered by Chapter 3307. or 3309. of the Revised Code, but was exempted and must be purchased in this system, this retirement system shall request certification from the other retirement system that such service was exempted and the amount of the credit for such service, which shall be determined from a certification of the employer for which the service was performed.
(C) The service credit purchased pursuant to section 145.28 of the Revised Code and this rule shall be adjusted to the extent:
(1) The service is concurrent with any other service that will be used in calculating a benefit;
(2) The purchase of the service credit results in more than twelve months of credit in a year.
(D)
(1) This retirement system shall calculate the cost to purchase exempted service credit by using the member’s earnable salary for the twelve months of contributing service under Chapter 145., 3307., or 3309. of the Revised Code immediately preceding the month in which the application to purchase is received by this system.
(2) Annually, the public employees retirement board shall set the percentage rate for the cost of such service credit in the traditional pension plan, based upon its actuary’s recommendation, and the interest rate to be charged if the service credit is purchased in more than one payment.
Effective: 01/01/2007
R.C. 119.032 review dates: 09/29/2006 and 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09, 145.28
Rule Amplifies: 145.28
Prior Effective Dates: 1/1/03, 8/1/92, 5/21/92 (Emer.)
(A) This rule amplifies sections 145.295 and 145.2913 of the Revised Code.
(B)
(1) Any payments made by a member to purchase credit pursuant to section 145.295 of the Revised Code shall not be refunded to a member except as authorized under section 145.40 or division (D) of section 145.295 of the Revised Code.
(2) Any payments made by a member to purchase credit pursuant to section 145.2913 of the Revised Code shall not be refunded to a member except as authorized under section 145.40 of the Revised Code.
Effective: 01/01/2007
R.C. 119.032 review dates: 09/29/2006 and 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09, 145.295.
Rule Amplifies: 145.295, 145.2913.
Prior Effective Dates: 1/1/03, 3/22/02, 9/27/98, 12/9/95, 4/5/93.
(A) This rule amplifies section 145.291 of the Revised Code.
(B) A member can purchase service credit for a leave of absence period that occurred during a period of contributing service for which the member received a refund of contributions pursuant to section 145.40 of the Revised Code, only if the member has made a redeposit of the refund pursuant to section 145.31 of the Revised Code.
(C) The service credit purchased pursuant to section 145.291 of the Revised Code shall be adjusted to the extent:
(1) The service is concurrent with any other service that will be used in calculating a benefit;
(2) The purchase of the service credit results in more than twelve months of credit in a year.
(D)
(1) The member’s employer at the time the member was off the payroll shall certify the member’s earnable salary for the period, and the member’s authorized leave or resignation.
(2) A member purchasing service credit for a period of time when the member was off the payroll due to resignation because of pregnancy shall submit a certified copy of the child’s birth certificate or, because of adoption of a child, shall submit evidence of such adoption.
Effective: 01/01/2007
R.C. 119.032 review dates: 09/29/2006 and 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09
Rule Amplifies: 145.291
Prior Effective Dates: 1/1/03, 11/2/00, 3/27/99.
(A) This rule amplifies sections 145.2910, 145.2911, and 145.2912 of the Revised Code.
(B) “Eligible service credit” means service earned under this system or the Cincinnati retirement system or military service credit purchased or obtained in this system or the Cincinnati retirement system.
(C)
(1) A member of this system, who is eligible to obtain eligible service credit in this system for service credit with the Cincinnati retirement system, shall make a request to obtain credit for such service on a form provided by this system.
(2) Except as otherwise provided in this rule, a member shall make payments required under division (C)(1) of section 145.2911 of the Revised Code pursuant to rule 145-1-35 or 145-1-38 of the Administrative Code. A member may use an eligible rollover distribution for such payments as allowed by rule 145-1-37 of the Administrative Code.
(3) Service credit for a member who obtains credit pursuant to section 145.2911 of the Revised Code and this rule shall accrue in the same amount as described in division (T)(1) of section 145.01 of the Revised Code upon payment of the following amounts:
(a) Any required amounts due from the member under section 145.2911 of the Revised Code and this rule; and,
(b) The required amounts due from the Cincinnati retirement system under division (C)(2) of section 145.2911 of the Revised Code.
(4)
(a) If the Cincinnati retirement system fails to transfer those amounts required under division (C)(2) of section 145.2911 of the Revised Code, this system shall notify the member, and shall not grant the service credit.
(b) The member may choose to receive a return of any payments made by the member to this system, or have such payments accrue in an additional annuity pursuant to section 145.62 of the Revised Code.
(D)
(1) This system shall transfer those amounts required under section 145.2912 of the Revised Code for a member or former member of this system, who is eligible to obtain eligible service credit in the Cincinnati retirement system for service credit with this system pursuant to section 145.2912 of the Revised Code, after:
(a) Receiving notification from the Cincinnati retirement system that the member has requested such transfer;
(b) The member has paid any required amounts to this system; and,
(c) This system has notified the member.
(2) If a member’s request for a transfer under division (B) of section 145.2912 of the Revised Code is for less than the member’s total eligible service credit with this system, any benefits or payments to which the member or the member’s beneficiary or beneficiaries may be entitled shall be based on the remaining service credit with this system.
Effective: 07/01/2007
R.C. 119.032 review dates: 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09
Rule Amplifies: 145.2910, 145.2911, 145.2912.
Prior Effective Dates: 4/6/07 (Emer.); 1/1/07; 1/1/03; 2/14/02; 11/30/01 (Emer.)
A firefighter employed before May 1, 1991, who is or becomes a member of the public employees retirement system on May 1, 1991, may purchase his firefighter service before May 1, 1991 for any year of non-contributing service as a firefighter not covered by an approved exemption. The cost of such service shall equal the amount of employee contributions at the contribution rate at the date of payment plus interest through the last day of the month in which payment is made pursuant to section 145.29 of the Revised Code.
Effective: 01/01/2007
R.C. 119.032 review dates: 09/29/2006 and 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09
Rule Amplifies: 145.01, 145.012, 145.03.
Prior Effective Dates: 1/1/30, 8/1/92, 5/1/91, 10/30/78, 1/21/76.
(A) This rule amplifies section 145.814 of the Revised Code and section 6.01 of the combined plan document and member-directed plan document.
(B) For each member participating in the traditional pension plan who elects under division (C)(2) of section 145.814 of the Revised Code, the public employees retirement system shall prepare a statement of cost for service credit to be purchased in the traditional pension plan based on participation in the combined plan or member-directed plan, as appropriate, at the request of an eligible member. An actuary employed by the public employees retirement board shall determine the additional liability, as defined in section 145.814 of the Revised Code, if any.
(C) An eligible member shall purchase the service credit only by a lump-sum payment of the amount on deposit, as defined in rule 145-1-35 of the Administrative Code, except that a member described in division (C)(3)(a) of section 145.814 of the Revised Code may, by payroll deduction under rule 145-1-38 of the Administrative Code, pay any additional liability that exceeds the amount on deposit. Service credit purchased under this rule shall be included in the member’s total service credit in the traditional pension plan but shall not be used in the calculation of a benefit under division (B)(2) of section 145.33 of the Revised Code.
(D) Service credit purchased under this rule cancels the corresponding years of service credit in the combined plan or years of participation in the member-directed plan, as applicable.
(E) For each member described in paragraph (B) of this rule who transferred the member’s accumulated contributions under section 145.191 of the Revised Code, the statement of cost shall include the cost to restore in the traditional pension plan the accumulated contributions and service credit cancelled under that section. The cost shall consist of the amount transferred, with interest on such amount, compounded annually at a rate to be determined by the public employees retirement board from the first day of the month of transfer to and including the month of redeposit. The amount redeposited shall be considered the accumulated contributions of the member and shall be credited in the same manner as a redeposit under section 145.31 of the Revised Code.
(F) For each member described in paragraph (B) of this rule who purchased service credit under rule 145-3-21 of the Administrative Code, the statement of cost shall include, if applicable, the difference between the amount paid in the combined plan to purchase the service credit and the cost to purchase the service credit in the traditional pension plan. Pursuant to section6.01 of the combined plan document, if the amount paid in the combined plan to purchase the service credit was less than the cost to purchase the service credit in the traditional pension plan, the member may elect to receive a pro-rated amount of service credit in the traditional pension plan or may make an additional payment equal to the difference in order to receive the full amount of service credit.
R.C. 119.032 review dates: 09/29/2006 and 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.80
Rule Amplifies: 145.81, 145.814
Prior Effective Dates: 11/15/03; 1/1/03.
(A) For the purpose of sections 145.35, 145.36, 145.361, and 145.37 of the Revised Code and PERS rules:
(1) “Disability” means presumed permanent mental or physical incapacity for the performance of a member’s present duty or similar service that is the result of a disabling condition that has occurred or has increased since an individual became a member.
(2) “Has not attained age sixty” means a member has filed an application for a disability retirement with the public employees retirement system and not become sixty years old before the last day public service terminated.
(3) “On-duty illness or injury” means an illness or injury that: (a) occurred during or resulted from performance of duties under the direct supervision of a member’s appointing authority, and (b) is not an exacerbation of an existing illness or injury medically diagnosed before the first day of employment with the employer reporting to the retirement system.
(4) “Original disability plan” means the plan that provides a benefit pursuant to section 145.36 of the Revised Code.
(5) “Revised disability plan” means the plan that provides a benefit pursuant to section 145.361 of the Revised Code.
(6) “Examining physician” means a physician appointed by the PERS board.
(B) A member shall make application for a disability benefit on a form provided by the retirement system.
(1) Consideration of a member’s application shall be limited to the disabling condition(s) listed in the application or disclosed by the examination of the physician(s) selected by the retirement system.
(2) Upon receipt of a completed application, report of employer, report of attending physician(s), report of examining physician(s) and, if available, reports of employment physical examinations, the retirement system’s medical consultant(s) shall review all such documentation and prepare a recommendation to the public employees retirement board.
(a) Payment of any fees for the preparation of the report of the attending physician(s) shall be the responsibility of the member.
(b) Payment of any fees for the preparation of the report of the examining physician(s) shall be the responsibility of the retirement system.
(C) The board at its regular meetings shall review disability applications and the written recommendations of its medical examiners and medical consultant. The determination by the board on any application is final.
(1) The retirement board may approve a member’s application contingent on the following conditions.
(a) The medical consultant determines that:
(i) The member has a disability as defined in section 145.35 of the Revised Code and this rule; and
(ii) Additional medical treatment offers an expectation of improvement of the disabling condition to the extent a member may return to the member’s previous or similar job duties.
(b) Such additional medical treatment shall be of common medical acceptance and readily available, and may include, but is not limited to, medicine, alcohol and/or or drug rehabilitation, or mechanical devices but would exclude surgery or other invasive procedures.
(c) Such additional medical treatment is an allowable medical expense under the retirement system’s health care plan.
(d) The member, prior to receipt of disability benefits, shall agree in writing on a form provided by the retirement board to obtain the recommended treatment and submit required medical reports during the treatment period.
(2)
(a) After receipt of the member’s signed agreement, the retirement system shall begin payment of benefits due pursuant to section 145.35, and 145.36 or 145.361 of the Revised Code. The period for recommended treatment shall begin the month following receipt of the member’s signed agreement.
(b) If the member fails to submit a required medical report or does not continue treatment the member’s disability benefit shall be suspended until such report is received by the retirement system, the member resumes treatment or the physician providing the treatment certifies, and the medical consultant concurs, that treatment is no longer helpful or advisable. If such failure continues for one year, the disability benefit shall be terminated.
(D) The retirement board may require a member to submit to a subsequent medical examination by a physician selected by the retirement board provided the medical consultant recommends such examination in order to evaluate continued eligibility for disability benefits.
(E) After the retirement board has acted on a member’s application it shall notify, by regular mail, the member and the member’s last employer reporting to the retirement system of its action.
(F) A member may withdraw an application for a disability benefit prior to receipt of the initial benefit payment in the same method as described in rule 145-1-65 of the Administrative Code.
Effective: 01/01/2007
R.C. 119.032 review dates: 09/29/2006 and 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09.
Rule Amplifies: 145.35, 145.36, 145.361, 145.37.
Prior Effective Dates: 12/24/04; 1/1/03; 1/5/01; 9/27/98; 10/4/93; 2/1/93; 6/30/61.
(A) This rule applies when the public employees retirement board either denies an application for a disability benefit filed pursuant to section 145.35 of the Revised Code or terminates a disability benefit pursuant to section 145.362 of the Revised Code.
(B) (1) After the retirement board has either denied an application for, or terminated, a disability benefit, the member shall be notified in writing of such action.
(2) The notice shall be sent by regular mail.
(3) The notice shall include the following information:
(a) The retirement board’s denial or termination of the disability benefit.
(b) The member’s right to file a written notice of intent to provide additional objective medical evidence. Such notice of intent must be received by the retirement board no later than thirty days from the date of the notice of denial or termination.
(c) Failure of a member to submit a notice of intent to provide additional medical evidence shall make the retirement board’s action final as to such application or benefit.
(d) Such additional evidence shall be current medical evidence documented by a licensed physician specially trained in the field of medicine covering the illness or injury for which the disability is claimed and such evidence has not been considered previously by the retirement board. Such additional medical evidence shall be presented in writing by the member and shall constitute an appeal of the denial or termination.
(e) Failure to provide the additional medical evidence within forty-five days of the member’s notice of intent to provide such evidence shall make the retirement board’s action final to such application or benefit unless an extension for submission of such evidence has been requested and granted within the forty-five days. Only one extension, not to exceed forty-five days, may be granted by the retirement board’s staff.
(f) All medical costs of physicians selected by the member and incident to the appeal shall be at the expense of the member.
(C) (1) After submission of any additional medical evidence as described in paragraph (B)(3)(d) of this rule, all evidence shall be reviewed by the retirement board’s medical consultant(s) who shall recommend action for concurrence by the board.
(2) If the board concurs with a recommendation for approval of the appeal, disability benefits shall be paid from the date that was established when the original application for a disability benefit was filed. If a recommendation for termination of a disability benefit was appealed and the appeal is approved by the board, the payments shall be resumed from the date of termination. The member shall be notified by regular mail of the board’s decision.
(3) If the board concurs with a recommendation for denial of the appeal, the member shall be notified by regular mail of the board’s decision and such decision shall be final.
(4) Any subsequent applications for a disability benefit filed after a denial of an appeal shall be submitted with medical evidence supporting progression of the disabling condition or evidence of a new disabling condition. If two years have elapsed since the date the member#s contributing service terminated, no subsequent application shall be accepted.
R.C. 119.032 review dates: 09/29/2006 and 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09.
Rule Amplifies: 145.35, 145.36, 145.361, 145.362, 145.37.
Prior Effective Dates: 1/1/03; 10/7/99; 2/1/93; 9/18/63.
(A) This rule amplifies section 145.37 of the Revised Code.
(B) If a member of the public employees retirement system files an application for a disability benefit pursuant to section 145.35 of the Revised Code, and also chooses to apply for a combined disability benefit with the state teachers retirement system or school employees retirement system, the following shall apply.
(1) This system shall request and pay for the examining physician(s) report(s) if:
(a) The member’s last public service was covered by this system, and the member was not contributing concurrently to such other retirement system(s) as of the last covered date of public service, or;
(b) The member’s contributions to this system for Ohio service credit during the twelve months preceding an application are greater than such contributions to such other retirement system(s) during the same period and he the member was contributing concurrently to such other system(s) as of the last covered date of public service.
(2) If this system is paying for the examining physician(s) report(s), disability for performance of duty shall be determined on the basis of the duties for the most recent service covered by this system.
(3) If this system is requesting the examining physician(s) report(s), it shall determine the projected service credit, if any, to be used in a benefit calculated under the original disability plan. Such credit shall be paid for by this system only if the member’s service credit is greater in this system excluding any projected service credit.
(4) If this system paid for the original examining physician(s) report(s), it shall provide and pay for any examining physician(s) report(s) required subsequent to a disability benefit recipient’s effective benefit date, and notify the other retirement system(s) of the results of such report(s).
Effective: 01/01/2007
R.C. 119.032 review dates: 09/29/2006 and 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09
Rule Amplifies: 145.35, 145.37
Prior Effective Dates: 1/1/03; 2/1/93; 6/30/61.
(A) On or before April fifteenth of each year, a disability benefit recipient shall file a notarized statement with the public employees retirement system providing information including, but not limited to: work performed during the preceding calendar year, compensation received for work performed, and current medical information.
(B) The recipient’s statement shall be made on a form provided by the retirement system.
(C) The failure of a recipient to file such statement shall result in the suspension of a disability benefit until such statement is filed. If such failure continues for one year, the disability benefit shall be terminated.
Effective: 01/01/2007
R.C. 119.032 review dates: 09/29/2006 and 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09, 145.362.
Rule Amplifies: 145.35, 145.36, 145.361, 145.362, 145.37.
Prior Effective Dates: 1/1/03; 9/27/98; 2/1/93; 6/4/82.
Where dependency as defined in division (A) of section 145.43 of the Revised Code is required for eligibility of benefits pursuant to section 145.43 or 145.45 of the Revised Code, a beneficiary shall file a copy of the deceased member’s federal income tax return for the year preceding the member’s death, or other satisfactory evidence of dependency to the public employees retirement board.
R.C. 119.032 review dates: 09/29/2006 and 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09.
Rule Amplifies: 145.43, 145.45.
Prior Effective Dates: 1/1/03; 9/27/98; 8/18/65.
(A) For the purpose of this rule and division (B)(2) of section 145.45 of the Revised Code:
(1) “Qualified student” means a qualified child as defined in division (B)(2)(b)(i) of section 145.45 of the Revised Code;
(2) “School year” means the twelve-month period commencing on the first date of instruction at the institution of learning or training program and ending on that date twelve months later;
(3) “Two-thirds of the full-time curriculum” means that in any one school year, the number of semester or credit hours required to maintain two-thirds of the full-time status for the entire school year with one semester or quarterly break.
(B)
(1) Benefits payable to a qualified student shall be paid to the qualified student for the month in which eligibility is attained or terminated, providing the child is over eighteen years of age and under age twenty-two and a student in a school pursuing a program designed to complete at least two-thirds of the full-time curriculum in each school year.
(2) If a qualified spouse is eligible for a monthly benefit as provided in division (B)(2)(a) of section 145.45 of the Revised Code solely due to the qualified spouse’s care of a qualified student, the qualified spouse’s benefits shall be suspended or terminated for any period that the qualified student is not eligible for a monthly benefit.
(C) Benefits to a qualified student shall be paid during a school vacation period that does not exceed four calendar months provided the child:
(1) Was qualified to receive benefits before the vacation period began;
(2) Intends to, and subsequently does, return to qualified attendance after the end of the vacation period, unless the child has otherwise met the two-thirds of the full-time curriculum requirement for the school year; and,
(3) Does not receive such benefits for more than one vacation period during any one school year.
(D) Not later than the last day of the month next following the public employees retirement system’s request, a qualified student shall provide proof of registration and completion of all courses for which monthly benefits are paid.
(E) Any overpayment of benefits may be recovered by withholding the amount of the overpayment from any benefits due from the same account of the deceased member.
(F) At no time shall a child be eligible for a monthly benefit as a qualified student for the period following completion of the course of study or graduation from the institution of learning or training program, unless the qualified student continues in the qualified attendance of an institution of learning or training program while under the age of twenty-two.
R.C. 119.032 review dates: 09/29/2006 and 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09.
Rule Amplifies: 145.45.
Prior Effective Dates: 7/1/04; 1/1/03; 9/27/98; 8/27/70.
In the absence of a valid marriage certificate, the public employees retirement board will accept only a decision rendered by a court, having jurisdiction in the state in which the member was domiciled at the time of death, that the relationship constituted a valid marriage at time of death, or the “spouse” would have the same status as a widow or widower for purposes of sharing in the distribution of the member’s or retirant’s intestate personal property.
Effective: 07/01/2007
R.C. 119.032 review dates: 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09.
Rule Amplifies: 145.43, 145.65.
Prior Effective Dates: 4/6/07 (Emer.); 1/1/07; 1/1/03; 5/4/00
(A) This rule applies to the payment of a benefit to a surviving spouse who has not attained age sixty-five and who elects, pursuant to division (A) of section 145.45 of the Revised Code, to defer receipt of such benefit.
(B)
(1) The benefit shall be calculated as if payable on the first day of the month following the death of the member.
(2) Notwithstanding paragraph (B)(1) of this rule, the monthly benefit will accumulate and be paid in a single sum no earlier than the first of the month following the surviving spouse’s attainment of age sixty-five.
(3) Interest shall accumulate during the time of deferral at the interest rate described in division (B) of section 145.473 of the Revised Code.
(C) The amount calculated under this rule shall not be reduced due to a later recalculation as provided in section 3 of Amended Substitute House Bill 268 of the 111th General Assembly.
Effective: 01/01/2007
R.C. 119.032 review dates: 09/29/2006 and 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09
Rule Amplifies: 145.45, 145.473.
Prior Effective Dates: 1/1/03; 11/2/00; 8/31/92; 8/20/76.
(A) As used in this rule:
(1) “Law enforcement officer” has the same meaning as in rule 145-2-39 of the Administrative Code.
(2) “Killed in the line of duty” has the same meaning as in section 145.45 of the Revised Code.
(B) For purposes of determining the eligibility of a qualified spouse under division (B)(2)(a)(i) of section 145.45 of the Revised Code, the employer of the law enforcement officer at the time of the officer’s death shall certify, on a form provided by the public employees retirement system, that the law enforcement officer was killed in the line of duty.
Replaces: 4/6/07 (Emer.)
Effective: 07/01/2007
R.C. 119.032 review dates: 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09.
Rule Amplifies: 145.45.
Prior Effective Dates: 4/6/07 (Emer.)
(A) Definitions
(1) “Law enforcement officer” means a member defined in divisions (AA) to (VV) of section 145.01 of the Revised Code and described in division (WW) of section 145.01 of the Revised Code.
(2) “Law enforcement service” means service as a law enforcement officer.
(3) “Non law enforcement service” means service covered by the public employees retirement system that is other than law enforcement service.
(B) If a member who has both law enforcement service credit and non law enforcement service credit dies prior to retirement, the member’s qualifying beneficiary or beneficiaries as determined in accordance with section 143.43 or 145.45 of the Revised Code may elect to have benefits paid pursuant to section 145.33, 145.43, or 145.45 of the Revised Code. If the benefit is calculated pursuant to division (E)(1)(b) of section 145.33 of the Revised Code, the beneficiary shall be paid a lump sum payment discounted to present value for the non law enforcement service.
Effective: 01/01/2007
R.C. 119.032 review dates: 09/29/2006 and 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09
Rule Amplifies: 145.01, 145.33, 145.43, 145.45.
Prior Effective Dates: 1/1/03; 4/5/01; 2/3/00; 12/6/93; 12/30/91; 7/31/89; 8/20/76.
The anniversary of the birth date must have been on or before August 31, 1976, to vest as described in division (A)(5)(b) of section 145.33 of the Revised Code as of September 1, 1976.
Effective: 01/01/2007
R.C. 119.032 review dates: 09/29/2006 and 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09
Rule Amplifies: 145.33
Prior Effective Dates: 1/1/03; 8/20/76.
(A) For the purpose of this rule:
(1) “Effective benefit date” means the first day of the month immediately following the later of:
(a) The last day for which compensation was paid; or
(b) The attainment of minimum age or service credit eligibility provided under Chapter 145. of the Revised Code.
(2) “Employee” means each contributing member of the public employees retirement system who is an employee described in division (C) of section 145.297 of the Revised Code regardless of the years of service credit in the retirement system;
(3) “Employing unit” means an employer as defined in division (A) of section 145.297 or division (A) of section 145.298 of the Revised Code, and if any subordinate designation of an employing unit is made then the retirement system shall be notified in accordance with paragraph (B) of this rule; and
(4) “Retirement incentive plan” means a plan established pursuant to section 145.297 or 145.298 of the Revised Code.
(B)
(1)
(a) Upon adoption of a retirement incentive plan, an employing unit shall notify the retirement system of the adoption on a form provided by the public employees retirement board. A copy of the proposed plan shall be attached to the form. In the case of a retirement incentive plan established under section 145.297 of the Revised Code, the employing unit shall notify the retirement system at least sixty days prior to the date the plan goes into effect. In the case of a retirement incentive plan established under section 145.298 of the Revised Code, the employing unity shall notify the retirement system immediately upon adoption of the plan.
(b) Notwithstanding paragraph (B)(1)(a) of this rule, in the event a subordinate designation of an employing unit is made:
(i) If by a state entity, notice to the retirement system shall be submitted by the appointing authority and include the signatures of the fiscal officer reporting to the retirement system and head of the subordinate employing unit; or
(ii) If by a county board of commissioners, notice to the retirement system shall be submitted by the commissioners and include the signatures of the county auditor and head of the subordinate employing unit; or
(iii) If by a municipal corporation legislative authority, notice to the retirement system shall be submitted by the legislative authority and include the signatures of the fiscal officer reporting to the retirement system and head of the subordinate employing unit.
(2) The plan must be in writing and meet the following minimum requirements:
(a) Incorporate the approval of the employing unit;
(b) Provide for the employing unit’s purchase and payment of service credit;
(c) For retirement incentive plans adopted under section 145.297 of the Revised Code and received by the retirement system on or after January 1, 2008, provide for a prospective effective date of the plan that shall be at least sixty days after receipt by the retirement system of the notice described in paragraph (B) of this rule;
(d) Specify the maximum number of years that can be purchased, not to exceed five years, and in no event to exceed an amount of service credit equal to one-fifth of the total service credited to an eligible employee under Chapter 145. of the Revised Code, exclusive of service credit purchased under the plan;
(e) Be in effect for a minimum of one year except as provided in division (D) of section 145.298 of the Revised Code;
(f) No more than one plan shall be in effect at one time for an employing unit or subordinate employing unit;
(g) Be offered to not less than five per cent of the employing unit or subordinate employing unit’s employees who are members of the retirement system as of the date the plan goes into effect;
(h) Provide a grievance procedure for timely and impartial resolution of disputes arising under the plan; and
(i) Provide thirty days prior notice to employees of the termination of the retirement incentive plan.
(3) In addition to providing thirty days prior notice to its employees of the termination of a retirement incentive plan, the employing unit shall provide similar written notice to the retirement system at the same time.
(4) Upon the written request of an employing unit or a subordinate employing unit, a retirement incentive plan may be extended beyond the date designated in the original plan. Such request shall be submitted in the same manner as notice of adoption of the original plan is required in this paragraph.
(C) Requests by an employing unit for the cost of service credit to be purchased for an employee under a retirement incentive plan shall be submitted to the retirement system on a form provided by the retirement board.
(D)
(1) The additional liability resulting from a retirement incentive plan is established under contract as an employer liability by the employee-employer agreement. The cost to the employing unit for each year or fraction of a year of credit to be purchased will be determined by factors recommended by the retirement system’s actuary that yield an amount equal to the additional liability for the service credit to be purchased. Factors to establish actuarial cost will be revised no more than once annually and after such revision is approved by the retirement board shall apply to new credit calculations. The cost shall be stated in a statement of cost to the employer that shall be valid when computed for payment not earlier than three months preceding the effective benefit date.
(2) Except as otherwise provided in this rule, the employing unit shall pay or contract to pay the cost of the service credit to be purchased by the earlier of either the last day of the month preceding the employee’s effective benefit date, or the termination date of the retirement incentive plan:
(a) In one payment, after notice by the retirement system to the employing unit of the cost; or,
(b) In equal quarterly or annual installment payments not to exceed the number of full years purchased under the retirement incentive plan.
(3) Notwithstanding paragraph (D)(2) of this rule, a state employing unit that has established a mandatory retirement incentive plan pursuant to section 145.298 of the Revised Code as the result of institutional closings shall pay or contract to pay the cost of the service credit to be purchased by the earlier of either the last day of the month preceding the employee’s effective benefit date, or the termination date of the retirement incentive plan:
(a) In one payment, after notice by the retirement system to the employing unit of the cost; or,
(b) In equal quarterly or annual installment payments with the first payment due not later than sixty days after announced closings.
(4) Notwithstanding paragraph (D)(2) of this rule, a state employing unit that has established a mandatory retirement incentive plan pursuant to section 145.298 of the Revised Code as the result of lay-offs shall pay or contract to pay the cost of the service credit to be purchased by the earlier of either the last day of the month preceding the employee’s effective benefit date, or the termination date of the retirement incentive plan:
(a) In one payment, after notice by the retirement system to the employing unit of the cost; or,
(b) In equal quarterly or annual installment payments not to exceed the number of full years purchased under the retirement incentive plan.
(5) Notwithstanding paragraph (D)(2) of this rule, an employing unit that has established a voluntary retirement incentive plan pursuant to section 145.297 of the Revised Code, and that is terminating operations as a whole or in part shall pay or contract to pay the cost of the service credit to be purchased by the earlier of either the last day of the month preceding the employee’s effective benefit date, or the last day of operations:
(a) In one payment, after notice by the retirement system to the employing unit of the cost; or,
(b) In equal quarterly or annual installment payments with the first payment due not later than sixty days after the announced termination of operations.
(6) Notwithstanding paragraph (D)(2) of this rule, an employing unit that does not receive revenue from a levy or direct tax settlement shall pay the cost of the service credit purchased in one payment, after notice by the retirement system to the employing unit of the cost, by the earlier of either the last day of the month preceding the employee’s effective benefit date, or the termination date of the retirement incentive plan.
(7) If an employing unit contracts to pay the cost in installment payments, interest shall be charged beginning with the employee’s effective benefit date on the remaining installment payments at a rate set by the retirement board
(8) Once the initial installment payment is received by the retirement system, all remaining installment payments become due and payable in accordance with the original statement of cost to the employer.
(9) Any amounts not paid timely by the employing unit shall be certified for collection pursuant to section 145.51 of the Revised Code.
(E)
(1) The service credit contracted for purchase under the retirement incentive plan shall be credited to the employee by the retirement system under the terms of the employee-employer agreement and the employee shall retire within ninety days thereafter.
(2) If an employee dies prior to an effective benefit date, a qualifying beneficiary shall be entitled only to those benefits provided by section 145.43 or 145.45 of the Revised Code exclusive of service credit which may have been available under a retirement incentive plan.
(F) Except as provided in sections 145.297 and 145.298 of the Revised Code, an employee who retires with service credit purchased pursuant to a retirement incentive plan is subject to the rights, privileges and obligations under sections 145.01 to 145.59 of the Revised Code in effect at the time of retirement.
(G)
(1) “Total service credit” as used in section 145.297 or 145.298 of the Revised Code means all service that is credited pursuant to Chapter 145. of the Revised Code.
(2) Third-party requests for the total service credit of a member shall be honored only if accompanied by the member’s written authorization that includes the member’s federal identification number.
Effective: 01/19/2008
R.C. 119.032 review dates: 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09, 145.297
Rule Amplifies: 145.297, 145.298.
Prior Effective Dates: 1/1/08 (Emer.); 1/1/07; 1/1/03; 10/9/00; 2/1/88; 4/3/87; 12/22/86 (Emer.)
(A) A member or contributor who makes a deposit for an additional annuity pursuant to section 145.62 of the Revised Code shall remit the first deposit with a form provided by the public employees retirement system. The retirement system shall not accept a payment for less than fifteen dollars.
(B) A member or contributor shall make application for an additional annuity payment under section 145.64 of the Revised Code or a one-time lump sum payment under section 145.63 of the Revised Code on a form provided by the public employees retirement system. In the event a member or contributor is deceased, the qualifying beneficiary shall make application. If a member, contributor, or beneficiary fails to file an application for an additional annuity payment prior to receipt of an age and service retirement benefit from the public employees retirement system or, in the case of a contributor under section 145.38 or 145.383 of the Revised Code, a benefit under section 145.384 of the Revised Code, the member or contributor shall be eligible only for a refund under section 145.63 of the Revised Code.
(C) Except as provided in paragraph (D) of this rule, interest at a rate of four per cent per annum shall be earned as follows:
(1) For deposits received on or before December 31, 2006, interest shall be earned beginning on January 1, 2007, and ending on December 31, 2007.
(2) For deposits received during calendar year 2007, interest shall be earned beginning on the last day of the month in which the deposit was made, and ending on December 31, 2007.
Interest earned under this paragraph shall be credited on December 31, 2007.
(D) In the case of a one-time lump sum payment made under section 145.63 of the Revised Code prior to December 31, 2007, interest at a rate of four per cent per annum shall be earned as follows:
(1) For deposits received during calendar year 2006, interest shall be earned beginning on January 1, 2007, and ending on the last day of the month prior to the date of the lump sum payment.
(2) For deposits received during calendar year 2007, interest shall be earned beginning on the last day of the month in which the deposit was made, and ending on the last day of the month prior to the lump sum payment.
(E) All amounts on deposit with the retirement system on December 31, 2007, for an additional annuity, including any interest as may have been allowed by the public employees retirement board under former section 145.23 of the Revised Code, section 145.62 of the Revised Code, or this rule, and any deposits made on or after January 1, 2008, shall be invested in the OPERS stable value fund, as described in the statement of investment objectives and policies for the defined contribution fund.
The retirement system shall value the amounts described in this paragraph in accordance with the daily values determined for the OPERS stable value fund and acceptable industry practices. The board and the retirement system are not liable for losses or depreciation in the value of the amounts described in this paragraph.
(F) Pursuant to division (B)(6) of section 145.64 of the Revised Code, a member or contributor who fails to select a plan of payment for the monthly additional annuity shall receive monthly annuity payments under a plan of payment that is consistent with the marital status of the member or contributor.
(G) On application for a payment under section 145.63 or 145.64 of the Revised Code by a member, contributor, or beneficiary whose deposits were transferred to the income fund as described in section 145.41 of the Revised Code, the retirement system shall credit interest on the deposits as described in paragraph (C)(1) of this rule and shall thereafter invest the deposits as described in paragraph (E) of this rule.
Effective: 04/01/2008
Promulgated Under: 111.15
Statutory Authority: 145.09, 145.62.
Rule Amplifies: 145.62, 145.63, 145.64, 145.65.
Prior Effective Dates: 1/19/08; 1/1/08 (Emer.); 7/1/07; 4/6/07 (Emer.); 1/1/07; 1/1/03; 3/22/02; 1/1/02 (Emer.); 10/9/00; 2/3/92
(A) A contributor who is married at the time of retirement under section 145.32, 145.33, 145.331, 145.34, 145.37, or 145.46 of the Revised Code, section 9.02 or 9.03 of the combined plan document, or section 9.02 of the member-directed plan document, or at the time benefits are to commence under section 145.384 or 145.64 of the Revised Code, shall receive a retirement benefit under payment plan A unless one of the following apply:
(1) The spouse consents on a form provided by the public employees retirement system that the spouse is aware that the contributor has selected plan A and a partial lump sum option payment as defined in rule 145-1-65 of the Administrative Code, or a payment plan other than plan A;
(2) The public employees retirement board waives the requirement of a spousal consent in accordance with rule 145-1-70 or rule 145-3-11 of the Administrative Code;
(3) The contributor is required to elect a plan of payment and designate a former spouse as beneficiary pursuant to a court order issued under section 3105.171 or 3105.65 of the Revised Code or the laws of another state regarding the division of marital property and the contributor also designates the contributor’s current spouse as a beneficiary under that plan.
(4) The retirement system is required to commence a benefit described in this paragraph in accordance with section 401(a)(9) of the Internal Revenue Code and the regulations thereunder.
(B) This paragraph applies to a contributor who elects a plan of payment under which a portion of the contributor’s benefit continues, after the death of the contributor, to two, three, or four surviving beneficiaries. A contributor’s current spouse must also consent to the election of a plan of payment described in this paragraph if either of the following applies:
(1) The contributor is not subject to a court order issued under section 3105.171 or 3105.65 of the Revised Code or the laws of another state regarding the division of marital property that requires the contributor to elect the plan of payment described in this paragraph;
(2) The contributor is ordered to designate a former spouse as beneficiary of a specified portion of the benefit under section 3105.171 or 3105.65 of the Revised Code or the laws of another state regarding the division of marital property, but also designates a beneficiary or beneficiaries other than the contributor’s current spouse and former spouse under that plan of payment.
Effective: 04/01/2008
Promulgated Under: 111.15
Statutory Authority: 145.09, 145.46.
Rule Amplifies: 145.32, 145.33, 145.331, 145.34, 145.37, 145.384, 145.46, 145.64.
Prior Effective Dates: 7/1/07; 4/6/07 (Emer.); 10/27/06; 2/16/04; 1/1/04 (Emer.); 1/1/03; 11/2/00; 9/27/98; 2/1/93; 8/6/90
(A) Benefits available under section 145.331 of the Revised Code shall be effective as provided in that section.
(B) A disability plan benefit recipient who applies for retirement under section 145.331 of the Revised Code shall select a plan of payment and designate a beneficiary pursuant to section 145.46 of the Revised Code. A plan of payment or a beneficiary may be changed only pursuant to section 145.46 of the Revised Code and rule 145-2-47 of the Administrative Code.
Effective: 01/01/2007
R.C. 119.032 review dates: 09/29/2006 and 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09
Rule Amplifies: 145.331
Prior Effective Dates: 1/1/03; 10/9/00; 2/1/93.
Unless a court order specifically requires a member to allocate to the member’s former spouse less than ten per cent of the member’s monthly retirement allowance, the portion of a retirement allowance that continues after death to a member’s sole surviving beneficiary pursuant to the plan of payment described in division (B)(3)(b) of section 145.46 of the Revised Code or section 9.03(e)(2)(ii) of the combined plan document shall meet or exceed the greater of the following:
(A) Ten percent of the member’s monthly retirement allowance;
(B) A percentage that causes the beneficiary’s monthly benefit to be at least one hundred dollars.
Effective: 07/01/2007
R.C. 119.032 review dates: 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09, 145.46
Rule Amplifies: 145.32, 145.33, 145.331, 145.34, 145.37, 145.46
Prior Effective Dates: 4/6/07 (Emer.); 10/27/06; 7/01/04
(A) Section 145.46 of the Revised Code as effective July 24, 1990 renames the plans of payment available under sections 145.32, 145.33, 145.34 and 145.46 of the Revised Code. For purposes of Chapter 145. of the Revised Code and PERS rules such payment plans shall be treated the same as follows:
(1) A straight or single life annuity payment plan and plan B.
(2) An option 1 payment plan and plan D.
(3) An option 2 payment plan and plan A when the retirant’s spouse is the retirant’s beneficiary and the amount payable after the retirant’s death is fifty per cent.
(4) An option 2 payment plan and plan C when the beneficiary is someone other than the retirant’s spouse or the amount payable to a beneficiary after the retirant’s death is other than fifty per cent.
(5) An option 3 payment plan and plan E.
(B) A designation of beneficiary may be changed after retirement when the retirant is receiving benefits under:
(1) A payment plan B.
(2) A payment plan E, but the payment plan cannot be changed.
(C) When a retirant is receiving benefits under plan A, C, or D, the plan shall be changed to plan B and a new beneficiary may be designated:
(1) The first day of the month following the date on which the public employees retirement system receives the death certificate of the spouse or other individual designated as beneficiary under the plan, but any change in the benefit amount shall be effective the first day of the month following notice of the death of the spouse or beneficiary.
(2) On the first day of the month after receipt of the election of the retirant to revert to plan B following divorce, annulment or dissolution of marriage with a spouse designated as beneficiary under the plan, except that no benefit shall be increased without the written consent of the former spouse who was the designated beneficiary or an order from the court with jurisdiction over the termination of the marriage.
(D) The right to have plan A, C, or D recomputed as plan B upon notice of the death of the beneficiary, or upon divorce, annulment or dissolution of marriage with a spouse who was designated as beneficiary, applies to all retirants who are receiving benefits under plan A, C, or D regardless of the original effective date of benefits.
(E) Upon the marriage or remarriage of a retirant receiving benefits under plan F, the retirant may designate the new spouse as a beneficiary under plan F only if the retirant does not already have four beneficiaries designated under that plan at the time the retirant applies to add the new spouse.
(F) The death of any designated beneficiary under plan F shall not change the plan of payment. The plan F benefit shall continue to the remaining designated beneficiaries in their same percentages and the deceased beneficiary’s portion shall revert to the retirant for the remainder of his or her lifetime. A retirant may not cancel the plan of payment and return to a single lifetime benefit equivalent until notice of the death of all designated beneficiaries under that plan.
(G) A retirant who is receiving benefits under plan B may, upon the retirant’s later marriage or remarriage, elect to have the retirant’s benefit recomputed as plan A, C or D and designate only the new spouse as beneficiary, as provided in division (E) of section 145.46 of the Revised Code, sections 9.02(f) and 9.03(h) of the combined plan document, and section 9.02(f) of the member-directed plan document. The actuarial factors shall be based on the actuarial ages of the retirant and beneficiary at the time the benefit is recomputed.
(H) A retirant who elected to receive a partial lump sum option payment, as defined in rule 145-1-65 of the Administrative Code, shall have the partial lump sum option payment accounted for upon the recomputation of the retirant’s benefit.
(I) Any request for a change of plan of payment or of beneficiary shall be made on a form approved by the public employees retirement board.
(J) For those retirants whose benefit is commenced under plan B in accordance with section 401(a)(9) of the Internal Revenue Code and the regulations thereunder, not later than one year after the effective date of the benefit described in this paragraph, a retirant who was married on the effective date of the benefit may elect plan A, C, or D based on the actuarial equivalent of the retirant’s single life annuity as determined by the board and designate the retirant’s current spouse as beneficiary. The election shall be made on a form approved the retirement system and shall be effective on the effective date of the benefit paid under plan B. Any benefit overpayment may be recovered as provided in section 145.563 of the Revised Code.
Effective: 04/01/2008
Promulgated Under: 111.15
Statutory Authority: 145.09.
Rule Amplifies: 145.32, 145.33, 145.34, 145.43, 145.46.
Prior Effective Dates: 8/9/07; 5/8/07 (Emer.); 10/27/06; 8/11/05; 6/6/05 (Emer.); 2/16/04; 1/1/04 (Emer.); 1/1/03; 9/27/98; 8/6/90; 10/30/78; 8/20/76
(A) A designation of beneficiary may be changed after commencement of benefits under section 145.64 of the Revised Code when the contributor is receiving benefits under plan B.
(B) When a contributor is receiving an additional annuity under a plan providing continuing lifetime payments to a designated beneficiary, the plan shall be changed to plan B and a new beneficiary may be designated:
(1) The first day of the month following the date on which the public employees retirement system receives the death certificate of the individual designated as beneficiary under the plan, but any change in the benefit amount shall be effective the first day of the month following notice of the death of the beneficiary.
(2) On the first day of the month after receipt of the election of the contributor to revert to plan B following divorce, annulment, or dissolution of marriage with a spouse designated as beneficiary under the plan, except that no benefit shall be increased without the written consent of the former spouse who was the designated beneficiary or an order from the court with jurisdiction over the termination of the marriage.
(C) The right to have a plan providing continuing lifetime payments to a designated beneficiary recomputed as plan B upon notice of the death of the beneficiary, or upon divorce, annulment or dissolution of marriage with a spouse who was designated as beneficiary, applies to all contributors who are receiving benefits under former section 145.23 or section 145.64 of the Revised Code, regardless of the original effective date of the benefits.
(D) Upon the marriage or remarriage of a contributor receiving benefits under plan F, the contributor may designate the new spouse as a beneficiary under plan F only if the contributor does not already have four beneficiaries designated under that plan at the time the contributor applies to add the new spouse.
(E) The death of any designated beneficiary under plan F shall not change the plan of payment. The plan F benefit shall continue to the remaining designated beneficiaries in the same percentages and the deceased beneficiary’s portion shall revert to the contributor for the remainder of his or her lifetime. A contributor may not cancel the plan of payment and return to a single lifetime benefit equivalent until notice of the death of all designated beneficiaries under that plan.
(F) A contributor who is receiving benefits under plan B may, upon the contributor’s later marriage or remarriage, elect to have the contributor’s benefit under plan B recomputed as plan A and designate only the new spouse as beneficiary, as provided in division (F) of section 145.64 of the Revised Code. The actuarial factors shall be based on the actuarial ages of the retirant and beneficiary at the time the benefit is recomputed.
(G) Any request for a change of plan of payment or beneficiary shall be made on a form approved by the public employees retirement board.
(H) For those contributors whose benefit under section 145.64 of the Revised Code is commenced under plan B in accordance with section 401(a)(9) of the Internal Revenue Code and the regulations thereunder, not later than one year after the effective date of the benefit described in this paragraph, a contributor who was married on the effective date of the benefit may elect plan A based on the actuarial equivalent of the contributor’s single life annuity as determined by the board. The election shall be made on a form approved by the retirement system and shall be effective on the effective date of the benefit paid under plan B. Any benefit overpayment may be recovered as provided in section 145.563 of the Revised Code.
Effective: 04/01/2008
Promulgated Under: 111.15
Statutory Authority: 145.09, 145.62.
Rule Amplifies: 145.64.
Prior Effective Dates: 11/18/07, 7/30/07 (Emer.), 7/1/07, 4/6/07 (Emer.)
(A) Definitions
(1) “Law enforcement officer” means a member defined in divisions (AA) to (VV) of section 145.01 of the Revised Code and described in division (WW) of section 145.01 of the Revised Code.
(2) “Law enforcement service” means service as a law enforcement officer.
(3) “Non-law enforcement service” means service covered by the public employees retirement system that is other than law enforcement service.
(B) If a law enforcement officer is eligible, applies for, and elects to receive retirement benefits pursuant to division (E)(1)(b) of section 145.33 of the Revised Code, the law enforcement officer shall elect to receive the benefit amount for the non-law enforcement service as one of the following:
(1) A monthly annuity for life;
(2) A lump sum payment discounted to the present value. If the monthly annuity would be less than twenty-five dollars per month, the law enforcement officer shall receive a lump sum payment. If, at the time of the retirant’s death, the retirant has received a total amount of monthly benefits that were less than the retirant would have received as a lump sum payment discounted to the present value of the non-law enforcement service benefit, the difference between the amount the retirant received and the amount the retirant would have received shall be paid to the retirant’s beneficiary in a lump sum payment.
Effective: 01/01/2007
R.C. 119.032 review dates: 09/29/2006 and 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09
Rule Amplifies: 145.33
Prior Effective Dates: 1/1/06; 1/1/03; 4/5/01; 2/30/00; 12/6/93; 12/30/91, 7/31/89, 8/20/76.
(A) Benefits available pursuant to section 145.32, 145.33, 145.34, 145.35, 145.36, 145.361, 145.37, 145.43, 145.45 or 145.46 of the Revised Code shall be effective the first day of the month following the latest of the following:
(1) For a member:
(a) Termination of public employment;
(b) Eligibility by attaining the required minimum age;
(c) Eligibility by accumulating the required service credit;
(d) A date specified by the member.
(2) For a beneficiary:
(a) The death of the contributor or retirant;
(b) Attainment of eligibility.
(B)
(1) When the application of paragraph (A) of this rule results in a retroactive effective benefit date, this rule shall apply even though such retroactive date is before August 20, 1976.
(2) Retroactive benefits shall be calculated under the law in effect at the effective benefit date so established.
(3) Benefit increases occurring after the established effective benefit date shall be included.
Effective: 01/12/2008
R.C. 119.032 review dates: 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09.
Rule Amplifies: 145.32, 145.33, 145.331, 145.34, 145.35, 145.36, 145.361, 145.37, 145.43, 145.45, 145.46.
Prior Effective Dates: 1/1/07; 1/1/03; 9/27/98; 2/1/93; 8/1/92; 8/20/76
For purposes of division (A)(2) of section 145.40 of the Revised Code, “eligible for age and service retirement” means a contributor is eligible for a retirement benefit under section 145.32, 145.33, 145.331, or 145.34 of the Revised Code on or before the first of the month following the date the application for a refund is received by the public employees retirement system.
R.C. 119.032 review dates: 09/29/2006 and 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09.
Rule Amplifies: 145.40.
Prior Effective Dates: 12/24/04; 1/1/03; 4/5/01.
(A) As used in this rule, “alternate payee” has the same meaning as in section 3105.80 of the Revised Code.
(B) A benefit recipient who has received an allowance for at least twelve months shall have such allowance increased pursuant to section 145.323 of the Revised Code and as provided in this rule on the annual anniversary of the recipient’s effective benefit date.
(C) A new benefit base upon which a cost of living adjustment shall be calculated shall be established when:
(1) A post retirement increase is granted, other than either a cost of living adjustment or a payment representing reimbursement of premium for medicare part “B”.
(2) A retirant receiving under plan A or C dies and the surviving beneficiary begins receiving a portion of the amount previously paid to the retirant.
(3) A survivor benefit is adjusted as the result of adding or removing survivor dependents.
(4) A retirant receiving under plan A, C, or D reverts to plan B as a result of the death of the beneficiary spouse, or divorce or dissolution of marriage as authorized in section 145.46 of the Revised Code and rule 145-2-47 of the Administrative Code.
(5) A retirant receiving under plan F reverts to plan B as a result of the removal of all beneficiaries as authorized in section 145.46 of the Revised Code and rule 145-2-47 of the Administrative Code.
(6) The benefit established at retirement is recalculated for any reason except for a cost of living adjustment or reimbursement of premium for medicare part “B.”
(7) A part of a benefit is waived then the base shall be the portion being paid. If a waiver is withdrawn, the full base shall be re-established.
(D) For allowances that became payable before October 27, 2006, the apportionment of a cost of living adjustment between a benefit recipient and an alternate payee pursuant to division (B) of section 145.323 of the Revised Code shall begin with the next cost of living adjustment granted on or after October 27, 2006, and shall continue while the order is in effect.
Effective: 10/27/2006
R.C. 119.032 review dates: 07/10/2006 and 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09.
Rule Amplifies: 145.323.
Prior Effective Dates: 1/1/03; 3/22/02; 10/7/01; 1/31/98; 8/6/90; 10/11/88; 8/20/76.
(A) This rule shall apply only to the death benefit payable pursuant to section 145.451 of the Revised Code.
(B) A retirant or a disability benefit recipient may designate a beneficiary or beneficiaries to receive only the death benefit payment.
(1) Such designation must be on a form provided by the public employees retirement system and filed with the system prior to the retirant or disability benefit recipient’s death.
(2) Unless a different distribution is specified, the death benefit payment shall be divided equally among the surviving beneficiaries if the retirant or the disability benefit recipient designated multiple beneficiaries.
(C) If the death benefit is payable to the person responsible for the retirant’s or disability benefit recipient’s burial expenses, such person shall submit proof of financial liability for these expenses by paid bills or cancelled checks.
Effective: 11/30/2007
R.C. 119.032 review dates: 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09
Rule Amplifies: 145.451
Prior Effective Dates: 1/1/03; 8/31/96; 5/29/95; 12/6/93; 8/6/90; 9/29/86; 8/20/76
The public employees retirement board shall set the annual interest rate to be credited to contributor accounts pursuant to division (A) of section 145.473 of the Revised Code.
R.C. 119.032 review dates: 09/29/2006 and 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09.
Rule Amplifies: 145.473.
Prior Effective Dates: 1/1/03; 4/5/01.
The portion of the lesser amount continuing after death to two, three, or four surviving beneficiaries designated at the time of a member’s retirement or at the time of commencement of a contributor’s benefit under section 145.384 or145.64 of the Revised Code shall be allocated among the beneficiaries in whole percentages only.
Effective: 07/01/2007
R.C. 119.032 review dates: 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09
Rule Amplifies: 145.384, 145.46, 145.64
Prior Effective Dates: 4/6/07 (Emer.); 10/27/06
(A) This rule applies to a retirant or contributor who elects a plan of payment under which a portion of the contributor’s benefit continues, after the death of the contributor, to two, three, or four surviving beneficiaries. Amounts due to a retirant or contributor receiving a monthly benefit and unpaid to the retirant or contributor at death, shall be paid as provided in division (D) of section 145.43 of the Revised Code and this rule.
(B) The amount payable to each surviving designated beneficiary shall be determined by multiplying the amount due the retirant or contributor under the plan of payment described in paragraph (A) of this rule by a fraction whose numerator is the gross monthly amount that the beneficiary will be paid and whose denominator is the total gross monthly amount that all beneficiaries will be paid.
Effective: 07/01/2007
R.C. 119.032 review dates: 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09
Rule Amplifies: 145.384, 145.43(D), 145.46, 145.64
Prior Effective Dates: 4/6/07(Emer.); 10/27/06
If, at the time of retirement or at the time of commencement of a benefit under section 145.384 or 145.64 of the Revised Code, a member or contributor is subject to more than one court order issued under section 3105.171 or 3105.65 of the Revised Code, or the laws of another state regarding the division of marital property, the public employees retirement system shall establish the priority in which the court orders will be administered by the retirement system. Priority shall be established by the earliest date on which the orders were received by the retirement system.
Effective: 07/01/2007
R.C. 119.032 review dates: 09/29/2011
Promulgated Under: 111.15
Statutory Authority: 145.09
Rule Amplifies: 145.384, 145.46, 145.64
Prior Effective Dates: 4/6/07(Emer.); 10/27/06