Chapter 3307:1-13 Re-employment Restrictions

3307:1-13-01 Re-employment restrictions applicable to retirants.

This rule implements section 3307.35 of the Revised Code and applies to Ohio public service after retirement in circumstances other than those subject to section 3307.351 of the Revised Code and rule 3307:1-13-02 of the Administrative Code.

(A) For the purpose of this rule and section 3307.35 of the Revised Code:

(1) "Effective retirement benefit date" means the effective date upon which a retirement allowance or distribution begins.

(2) "Non-uniformed retirement system" means the public employees retirement system, the state teachers retirement system and the school employees retirement system.

(3) "Ohio retirement system" means the public employees retirement system, the state teachers retirement system, the school employees retirement system, the Ohio police and fire pension fund, the highway patrol retirement system, and the Cincinnati retirement system.

(4) "Uniformed retirement system" means the Ohio police and fire pension fund and the highway patrol retirement system.

(5) "Alternative retirement plan" means a plan established under Chapter 3305. of the Revised Code.

(B)

(1) Forfeiture of a retirement allowance under section 3307.35 of the Revised Code for employment in a position covered by another Ohio retirement system or an alternative retirement plan shall apply only to a state teachers retirement system retirant granted service retirement under section 3307.57 , 3307.58 , 3307.59 or 3307.60 of the Revised Code and to a member granted disability benefits under section 3307.62 of the Revised Code whose effective service retirement or disability benefit date is on or after September 1, 1991.

(2) A state teachers retirement system retirant who has received a service retirement allowance for less than two months and who becomes employed in a position covered by an Ohio retirement system or an alternative retirement plan shall forfeit such allowance for any month in which the retirant is so employed during the two-month period after the effective retirement benefit date. The amount of the allowance to be forfeited if such a retirant selected a plan of payment under division (A) or (B) of section 3307.60 of the Revised Code shall be the monthly allowance or benefit equal to the single lifetime benefit described in section 3307.58 of the Revised Code. .

(3) Notwithstanding paragraphs (B)(1) and (B)(2) of this rule, forfeiture of a retirement allowance shall not apply to a state teachers retirement system retirant who continues employment in a position covered by a uniformed Ohio retirement system if the retirant was continuously employed in the position for at least two months prior to the effective retirement benefit date in this system.

(C)

(1)

(a) Where a member of this system who has also established membership in another non-uniformed retirement system or systems or an alternative retirement plan is terminating all employment covered by all the systems and the alternative retirement plan, and is electing to take a service retirement benefit from one or more of the other systems or the alternative retirement plan as of the effective retirement benefit date, the member shall elect to:

(i) Apply for a benefit if eligible pursuant to section 3307.57 , 3307.58 or 3307.60 of the Revised Code with an identical effective date; or

(ii) Apply for a refund of contributions pursuant to section 3307.56 of the Revised Code.

(b) If the member applies for a benefit as described in paragraph (C)(1)(a)(i) of this rule, the system shall calculate the benefit with any necessary reduction for concurrent service among the systems.

(2) Where a member of this system who has also established membership in a uniformed retirement system or systems is terminating all employment covered by all the systems and is electing to take a service retirement benefit from one or more of the other systems as of the effective retirement benefit date, the member shall elect to:

(a) Apply for a benefit if eligible pursuant to section 3307.57 , 3307.58 or 3307.60 of the Revised Code with an identical effective date;

(b) Apply for a refund of contributions pursuant to section 3307.56 of the Revised Code.

(c) If, as of the effective retirement benefit date from a uniformed retirement system, the member has sufficient service credit to qualify for a service retirement benefit in this system, the effective retirement benefit date shall be the first of the month following the later of the benefit date in the uniformed retirement system or attainment of eligibility for a service retirement benefit in this system.

(3) A member of this system who also is a member of a uniformed retirement system and who has applied for a retirement benefit in the uniformed retirement system may continue employment without forfeiture under section 3307.35 of the Revised Code in the position covered by this system, provided that contributions made to this system after the member's effective retirement benefit date in the uniformed retirement system shall accrue only a benefit as described in section 3307.352 of the Revised Code.

(4) If the member has been continuously employed in a position covered by this system for at least two months prior to the effective retirement benefit date in an alternative retirement plan, a uniformed or non-uniformed retirement system, other than this system, an irrevocable election may be made on a form provided by this system to have contributions to this system made prior to the effective retirement benefit date in the other system or an alternative retirement plan also accrue the same benefit described in section 3307.352 of the Revised Code. In the event this election is made, allowable interest shall not begin until the first of the month after the effective retirement benefit date in the other system or an alternative retirement plan.

Effective: 03/24/2013
R.C. 119.032 review dates: 05/14/2014
Promulgated Under: 111.15
Statutory Authority: 3307.04
Rule Amplifies: 3307.35
Prior Effective Dates: 6/22/92 (Emer.), 9/10/92, 7/1/01 (Emer.), 9/17/01, 7/18/03, 5/24/04, 5/14/09, 1/7/13 (Emer)

3307:1-13-02 Retirement of a member pursuant to section 3307.351 of the Revised Code.

(A) For purposes of section 3307.351 of the Revised Code and this rule:

(1) "Active position" means a position a member worked in the month before retirement and for which contributions were being received by a state retirement system at the time of retirement pursuant to section 3307.351 of the Revised Code.

(2) "STRS annual compensation" means fiscal year earnings plus any unearned amounts covered by contract for that fiscal year or a consecutive twelve-month period.

(3) "Other retirement system annual compensation" means a member's annual compensation for an active position as certified to this system by the public employees retirement system or the school employees retirement system.

(4) "Highest annual compensation" means the highest of the STRS annual compensation or the other retirement system annual compensation for an active position as determined by the paying system.

(5) "Position" means all employment with a single employer for which a member is covered and contributing to the same state retirement system.

(6) "State retirement system" means the state teachers retirement system, public employees retirement system, or school employees retirement system.

(7) "Other retirement system" means the school employees retirement system or public employees retirement system.

(8) "Continue to contribute," "continue contributing," and "continuing to make contributions," through June 30, 2014, mean earnings wages that are not the highest annual compensation with the same employer in the month before retirement and in the month of retirement, where contributions on those wages are remitted to the same state retirement system.

(9) "Continuously held" pursuant to paragraph (E) of section 3307.351 of the Revised Code and effective July 1, 2014, means the position held by the member meets both of the following criteria:

(a) The member was employed in a position and earned wages with the same employer during the first month of retirement and in each of the twelve months immediately preceding the effective date of retirement, where contributions on those wages were remitted to the same retirement system; and,

(b) The position described in paragraph (A)(9)(a) of this rule was not the member's highest annual compensation at the time of retirement for all positions covered by the state teachers retirement system, the public employees retirement system or the school employees retirement system.

(B)

(1) When a member holds more than one active position in this system, no active positions in an other retirement system, and is electing to take a retirement benefit pursuant to section 3307.351 of the Revised Code, the member shall:

(a) Apply for a benefit pursuant to section 3307.57 , 3307.58 , or 3307.60 of the Revised Code, for the active position which has the highest STRS annual compensation, and,

(b) Select which other active position or positions upon which the member shall continue to contribute to this system.

(2) In computing the benefit described in paragraph (B)(1) of this rule all service credit in this system shall be used.

(C)

(1) When a member holds one or more active positions in this system and one or more active positions in an other retirement system, and the active position which has the highest annual compensation is in this system, the member shall:

(a) Apply for a benefit pursuant to section 3307.57 , 3307.58 , or 3307.60 of the Revised Code, for the active position which has the highest annual compensation, and,

(b) Select which other active position or positions upon which the member shall continue to contribute to this system or an other retirement system.

(2) In computing the benefit described in paragraph (C)(1) of this rule all service credit in this system and the other retirement systems shall be used except that such total combined service credit shall not exceed one year of credit for any one year as defined in the statute governing the system making the calculation.

(D) Employment in any position covered by this system that begins subsequent to the effective retirement benefit date under section 3307.351 of the Revised Code shall be subject to section 3307.35 of the Revised Code, and rule 3307:1-13-01 of the Administrative Code.

Effective: 09/09/2013
R.C. 119.032 review dates: 05/27/2016
Promulgated Under: 111.15
Statutory Authority: 3307.04
Rule Amplifies: 3307.351
Prior Effective Dates: 7/1/01 (Emer.), 9/17/01, 7/1/06, 6/6/11, 7/1/13 (Emer.)

3307:1-13-03 Reemployment subject to section 3307.353 of the Revised Code.

(A) This rule applies in the case of an individual who is or most recently has been employed by an employer in a position customarily filled by a vote of members of a board or commission.

(B) An employer that proposes to continue employing an individual described in paragraph (A) of this rule as a reemployed superannuate or rehire as a reemployed superannuate in the same position shall certify that it has complied with the requirements of section 3307.353 of the Revised Code. Certification shall be provided to the retirement system as a part of the employer's notice of reemployment required by section 3307.35(D) of the Revised Code on forms provided by the retirement system and shall include its certification that it has:

(1) Given public notice in compliance with the requirements of section 3307.353 of the Revised Code not less than sixty days before employment as a reemployed superannuate is to begin that the individual is or will be retired and is seeking employment with the employer; and

(2) Held a public meeting on the issue of the proposed employment between fifteen and thirty days before employment as a reemployed superannuate is to begin and after complying with paragraph (B)(1) of this rule.

(C) Where such reemployment is in the same position and continuous from year to year, no certification to the system shall be required for subsequent years.

(D) The person reemployed shall be subject to any other provision applicable to reemployment.

R.C. 119.032 review dates: 03/22/2011 and 03/22/2016
Promulgated Under: 111.15
Statutory Authority: 3307.04
Rule Amplifies: 3307.35 , 3307.373
Prior Effective Dates: 1/12/04, 7/1/06