The following criteria and procedures are established by the state teachers retirement board pursuant to section 3307.501 of the Revised Code.
(A) As used in section 3307.501 of the Revised Code and this rule, a percentage increase shall be considered to be generally applicable if:
(1) It is paid by a board of education pursuant to a teacher salary schedule with the same employer without regard to supplemental or extended pay contracts; or
(2) It is paid by a board of education to an employee not paid under the teacher salary schedule up to the amount payable under the teacher salary schedule to teachers with equivalent service and education without regard to supplemental or extended pay contracts; or
(3) It is paid by a university or college as an average salary increase.
(B) Where the two highest years of compensation certified for an applicant for service retirement include a percentage increase otherwise excluded by division (B) of section 3307.501 of the Revised Code, the executive director of the state teachers retirement system or his designee may include all or part of such percentage increase in the calculation of final average salary, up to a maximum of seventy-five hundred dollars, if:
(1) The increase is related to a diminution of compensation as the result of illness or incapacitation, provided that completion of contributions is not authorized under the terms of section 3307.77 of the Revised Code; or
(2) The executive director of the state teachers retirement system or his designee determines that other good cause exists for inclusion.
(C) Where a percentage increase is excluded from compensation used to determine final average salary under the provisions of division (B) of section 3307.501 of the Revised Code and paragraph (A) of this rule, the applicant shall be given written notice of the right to an appeal pursuant to this paragraph, provided:
(1) Requests for an appeal shall be made by the applicant in writing within thirty days of such notice.
(2) The applicant shall be afforded the opportunity to present written information explaining the arguments for making an exception to the statutory limitation and to appear before a review committee designated by the state teachers retirement board. The applicant shall be informed of the date the committee will review and consider the appeal. An applicant who has requested a personal appearance before the committee may for good cause request delay of consideration, provided that no more than one prior request for delay has been granted.
(3) All information supporting an applicant's assertion that good cause exists for making an exception to the statutory limitation shall be received by the retirement system at least two weeks before the committee's scheduled review.
(4) After consideration of the information presented by the applicant, the committee shall submit its report and recommendation to the board. Such report shall include any conclusion the committee may have reached as to whether:
(a) The requirements set forth in division (B) of section 3307.501 of the Revised Code are satisfied; or
(b) The requirements set forth in paragraph (A) or (B) of this rule are satisfied; or
(c) Other good cause justifies inclusion of amounts otherwise excluded up to seventy-five hundred dollars.
119.032 review dates:
Promulgated Under: 111.15
Statutory Authority: 3307.04
Rule Amplifies: 3307.01, 3307.50, 3307.501
Prior Effective Dates: 8/15/86 (Emer.), 10/30/86, 9/15/89(Emer.), 11/30/89,
4/29/91, 10/29/91 (Emer.), 1/27/92, 7/1/01 (Emer.),
9/17/01, 9/17/02, 8/19/04, 8/1/05, 9/12/09