Section 5505.25 | Purchase service credit for military service.
(A)(1) A member of the state highway patrol retirement system who is not receiving a pension from the system may purchase service credit for each year or portion of a year of service incurred by reason of having been on active duty as a member of the uniformed services of the United States if the member is honorably discharged.
(2) On presentation of documentation of the service and subject to state highway patrol retirement board rules, a member who is not receiving a pension from the system may purchase service credit for each year or portion of a year of service incurred by reason of having been on active duty as a member of the Ohio national guard or a reserve component of any of the armed forces for which the member is not eligible to purchase credit under division (A)(1) of this section.
For purposes of division (A)(2) of this section, active duty in the reserves or the Ohio national guard includes assembly for drill and instruction; training at encampments, maneuvers, outdoor target practice, or other exercises; and any training or duty in this state ordered by the governor.
(3) Credit shall not be granted for any period of duty during which the member was contributing to the retirement system.
Credits that are not authorized under division (D) of section 5505.16 of the Revised Code may be purchased at any time. The number of years purchased under this division shall not exceed five.
(B) For the purposes of this division, "prisoner of war" means any regularly appointed, enrolled, enlisted, or inducted member of the uniformed services of the United States who was captured, separated, and incarcerated by an enemy of the United States.
A member may purchase service credit for each year of service such member was a prisoner of war. The number of years purchased under this division shall not exceed five. Service credit may be purchased under this division for the same years of service used to purchase service credit under division (A) of this section. The member may choose to purchase only part of such credit in any one payment, subject to board rules.
(C) The total number of years purchased under this section shall not exceed the member's total accumulated number of years in the service of the state highway patrol.
Credit purchased by a member under this section shall be used to determine the member's eligibility for retirement under sections 5505.16 and 5505.17 of the Revised Code.
(D)(1) For each year or portion of a year of service purchased under division (A)(1) or (B) of this section, the member shall pay to the system for credit to the member's accumulated account an amount determined by the member rate of contribution in effect at the time the military service began multiplied by the annual compensation for full-time employment during the first year of service in Ohio following termination of military service. To this amount shall be added an amount equal to compound interest at a rate established by the state highway patrol retirement board from the date active military service terminated to date of payment.
(2) For each year or portion of a year of service in the reserves or Ohio national guard purchased under division (A)(2) of this section, the member shall pay to the retirement system for credit to the member's individual account an amount equal to one hundred per cent of the additional liability resulting from the purchase of that year of service as determined by an actuary employed by the board. The retirement system shall calculate the number of years or portions of a year of credit the member is eligible to purchase under division (A)(2) of this section by dividing the number of days actually served by three hundred sixty-five.
(E) A member is ineligible to purchase service credit under this section for any year of military service that was:
(1) Used in the calculation of any retirement benefit currently being paid to the member or payable in the future under any other retirement program, except for retired pay for nonregular service under Chapter 1223 of Section 1662 of Title XVI of the "National Defense Authorization Act for Fiscal Year 1995," 108 Stat. 2998 (1994), 10 U.S.C.A. 12731 to 12739, or social security;
(2) Used to obtain service credit pursuant to section 5505.16 of the Revised Code.
At the time the credit is purchased, the member shall certify on a form furnished by the board that the member does and will conform to this requirement. Any benefit paid under this section to which the member is not entitled shall be recovered by any recovery procedures available under this chapter.
As used in this section, "uniformed services" of the United States has the same meaning as in division (D) of section 5505.16 of the Revised Code.
Available Versions of this Section
- March 30, 2007 – House Bill 71 - 126th General Assembly [ View March 30, 2007 Version ]