5505-5-02 Prior service credit.

(A) A member of the highway patrol retirement system may purchase retirement credit for prior full-time service as a member of a state or municipal retirement system as defined in sections 5505.20 , 5505.201 , and 5505.40 of the Revised Code.

(B) "Full-time service" is defined as a period of employment during which the employee regularly worked substantially the same number of hours as would a member of the highway patrol retirement system.

(C) Credit may not be purchased for periods of employment during which the employee was not considered to be full-time, nor can these periods be combined for full-time credit.

(D) Credit may not be purchased for periods of employment during which credit was purchased from any other state or municipal retirement system.

(E) Upon application to purchase prior service credit, the appropriate retirement system shall certify the service dates and refunded contributions of the member on the application.

(F) The member shall provide documented proof of full-time employment as may be necessary.

(G) In the absence of clear documentation to the contrary, if the record of contributions indicates that the member was not receiving pay equivalent to or greater than the minimum wage in effect at the time on a forty-hour per week basis, it shall be presumed that the employment was not full-time.

(H) When prior service credit purchased under sections 5505.20 , 5505.201 , 5505.40 , and division (C) of section 5505.17 of the Revised Code is purchased in increments, the cost for purchasing a portion of this service credit shall be calculated as a proportionate part of the total cost.

(I) Pursuant to section 5505.29 of the Revised Code, service credit shall be refunded to the member upon retirement, the member's surviving spouse, or to the member's estate upon death, if the credit purchased pursuant to this rule will not increase the benefit payable to the member or surviving spouse under section 5505.16 , 5505.162 , 5505.17 , or 5505.18 of the Revised Code.

(J) Service credit purchased under section 5505.40 of the Revised Code shall be immediately transferred to the public employees' retirement system, school employees' retirement system, or state teachers' retirement system in the manner and form prescribed.

(K) Nothing in this rule shall be construed to permit a member's purchase of credit for purposes of meeting the minimum number of years of service necessary to receive a pension.

Effective: 02/01/2013
R.C. 119.032 review dates: 11/16/2012 and 02/01/2018
Promulgated Under: 111.15
Statutory Authority: 5505.07 , 5505.40
Rule Amplifies: 5505.17(C) , 5505.16 , 5505.20 , 5505.201 , 5505.202 , 5505.25
Prior Effective Dates: 10/21/2005, 12/1/1995, 1/1/1995, 11/1/1993, 11/1/1990, 12/1/1987, 1/1/1986, 2/15/1981