3307:1-3-08 Establishment of service credit for leaves of absence and resignations due to pregnancy.

Service credit for periods of absence due to pregnancy leave or pregnancy resignation or adoption of a child may be purchased, subject to sections 3307.70 and 3307.771 of the Revised Code and the following requirements and procedures:

(A) Eligibility requirements:

(1) A member must have resigned from a teaching position covered under Chapter 3307. of the Revised Code before July 1, 1982 due to pregnancy or adoption of a child or prior to that date, must have been granted an official leave of absence from such a position due to pregnancy or adoption.

(2) Through December 31, 2013 and extending through June 30, 2014 only if the member's application to purchase service credit is received by the retirement system as completed not later than December 31, 2013, the member must have established at least one year of state teachers retirement system contributing service credit after the leave or resignation.

(3) A member may not purchase service credit under section 3307.771 of the Revised Code if service credit for the absence has already been purchased or established under any other section of Chapter 3307. of the Revised Code.

(4) A resignation or leave shall qualify as an absence due to the adoption of a child for the purposes of section 3307.771 of the Revised Code if:

(a) A child was placed in the member's home within twelve months of the effective date of the resignation or leave; and

(b) A final court order granting adoption to the member has been entered for the same child.

(B) Procedural requirements:

(1) An employer that granted a leave must provide the retirement system with a certification stating the period and purpose of the leave.

(2) An employer that accepted a resignation must provide the state teachers retirement system with a certification indicating the date of and the reason for the resignation.

(3)

(a) If the employer is not able to certify the reason for the leave or resignation and the member's pregnancy resulted in birth, a photocopy of the child's birth certificate must be provided by the member.

(b) If the employer is not able to certify that the reasons for the leave or resignation and the member's pregnancy did not result in birth, a statement based on medical records must be provided by the member.

(4) If the employer is not able to certify that the reasons for the leave or resignation was due to adoption, documentation establishing that the child was placed in the member's home within twelve months after the effective date of the leave or resignation shall be provided by the member.

(5) Through December 31, 2013 and extending through June 30, 2014 only if the member's application to purchase service credit is received by the retirement system as completed not later than December 31, 2013, if the member's first employment covered under this retirement system after the leave or resignation was not full-time, calculation of cost shall be based upon the greater of the base amount as defined in section 3317.13 of the Revised Code, or the earnings and service credit upon which contributions were made, adjusted to full-time equivalence.

(6) Certifications and applications for the purchase of service credit must be completed on forms approved or provided by the state teachers retirement system.

(7) Through December 31, 2013 and extending through June 30, 2014 only if the member's application to purchase service credit is received by the retirement system as completed not later than December 31, 2013, the cost for purchase of a year or partial year of service credit shall be based on section 3307.771 of the Revised Code as that section existed immediately before January 7, 2013. The member shall pay to the system for service credit to the member's accumulated account an amount determined by multiplying the employee rate of contribution in effect at the time the absence commenced, by the member's annual compensation for full-time employment during the first year of service in Ohio following termination of the absence, and adding to that amount interest compounded annually, at the rate established pursuant to rule 3307:1-3-01 of the Administrative Code, from the date the absence terminated to the date of payment.

(8) Effective January 1, 2014, except as provided in paragraph (B)( 7) of this rule, the cost pursuant to section 3307.70 of the Revised Code for the purchase of service credit under section 3307.771 of the Revised Code shall be determined as specified in rule 3307:1-3-13 of the Administrative Code.

Effective: 02/10/2014
R.C. 119.032 review dates: 06/11/2015
Promulgated Under: 111.15
Statutory Authority: 3307.04
Rule Amplifies: 3307.70 , 3307.771
Prior Effective Dates: 12/23/76, 4/27/85, 4/18/86 (Emer.), 7/3/86, 4/15/87, 9/1/96, 5/25/99, 7/1/01 (Emer.), 9/17/01, 6/11/10, 1/7/13 (Emer.), 3/24/13, 1/1/14 (Emer)