(A) Membership in the state teachers retirement system may be denied to the following categories of teachers employed on a temporary basis:
(1) Visiting faculty members appointed to an academic chair in Ohio, provided;
(a) The appointment will not exceed two years;
(b) The faculty member will terminate employment upon completion of the appointment;
(c) The faculty member will remain the employee of a school, college or university other than an Ohio public institution.
(2) Non-immigrant aliens employed as teachers, if the service rendered is performed for the purpose specified in section 101(a)(15)(F), section 101(a)(15)(J), or section 101(a)(15)(M) of the Immigration and Nationality Act, provided:
(a) The teaching assignment will not exceed two years; and
(b) The individual will terminate employment upon completion of the teaching assignment.
(3) No service credit will be awarded for any period for which a person is exempted from contribution under this paragraph. A person shall be forever barred from claiming credit for any such period, except as provided by section 3307.73 of the Revised Code.
(B) The right to make contributions will be denied upon the application of a member employed on a part-time basis as a student employee by a school, college or university in which he or she is regularly attending classes, provided that:
(1) Application for exemption from contribution is made within thirty days of such employment or enrollment as a student on a form provided by the state teachers retirement system;
(2) An exemption from contribution will remain in effect until employment as a student employee of that employer is terminated or contributions are made upon compensation paid by that employer, whichever occurs earlier;
(3) A member on leave of absence from a teaching position covered by the state teachers retirement system shall be ineligible for exemption from contribution;
(4) No service credit will be awarded for any period for which a member is exempt from contribution and the member shall be barred from claiming service credit for any such period, except as provided by section 3307.73 of the Revised Code;
(5) Membership shall be maintained throughout any period of exemption from contribution and such exemption shall not constitute termination of covered employment within the meaning of section 3307.56 of the Revised Code.
(C) Requests for denial of membership or contribution pursuant to this rule shall be made jointly by the teacher and employer involved. Failure to comply with any of the conditions specified in paragraph (A) or paragraph (B) of this rule shall void any denial of membership or contribution previously granted and contributions will thereupon be due beginning with the initial date of appointment.
R.C. 119.032 review dates: 04/28/2008 and 07/17/2013
Promulgated Under: 111.15
Statutory Authority: 3307.04
Rule Amplifies: 3307.01, 3307.24
Prior Effective Dates: 12/23/76, 5/26/79, 2/25/80, 12/31/81, 9/23/91 (Emer.), 12/23/91, 8/24/92 (Emer.), 11/5/92, 7/1/01 (Emer.), 9/17/01