145-2-25 Combined disability benefits.

(A) This rule amplifies section 145.37 of the Revised Code.

(B) As used in this rule, “last date of service” means the last day of compensated service, either for a day worked or used paid leave, under the public employees retirement system, state teachers retirement system, or school employees retirement system.

(C) 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) If this system receives the application for combined disability, it shall notify the other retirement system(s).

(2) This system shall request and pay for the examining physician(s) report(s) if:

(a) The member’s last date of service was covered by this system, or;

(b) The member’s last date of service was concurrent under two or more systems and this system would be responsible for paying the member’s benefit under section 145.37 of the Revised Code.

(3) 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.

(4) 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.

(5) 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).

(D) If this system is the paying system of a combined disability benefit, this system’s rules and statutes shall govern the disability benefits.

(E) For purposes of division (B)(2) of section 145.37 of the Revised Code, “employment amenable to coverage in any state retirement system” means employment that would impact a retirement or disability benefit under any state retirement system that participated in the former member’s combined retirement or disability benefit.

R.C. 119.032 review dates: 09/29/2011 and 09/29/2016

Promulgated Under: 111.15

Statutory Authority: 145.09.

Rule Amplifies: 145.35, 145.37.

Prior Effective Dates: 6/30/61; 2/1/93; 1/1/03; 1/1/07; 1/1/11.