This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 145-3-01 | Plan documents.
Effective:
January 1, 2003
(A) This rule amplifies sections 145.81 and 145.811 of the Revised Code. (B) To meet the requirements of section 401(a) of the Internal Revenue Code, the public employees retirement board shall adopt the documents entitled the "public employees retirement system of Ohio defined contribution plan" and the "public employees retirement system of Ohio combined defined benefit/defined contribution plan." The board may amend the provisions of the plans in accordance with the provisions of the plan documents.
Last updated October 7, 2024 at 11:45 AM
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Rule 145-3-02 | Combined and member-directed plan provisions.
Effective:
December 24, 2004
(A) The combined plan consists of all of the following: (1) Sections 145.01 to 145.20 and 145.80 to 145.98 of the Revised Code and any corresponding administrative rules; (2) The provisions of the plan document for the PERS combined defined benefit/defined contribution plan, and any amendments thereto; (3) Any rules adopted pursuant to section 145.80 of the Revised Code. (B) The member-directed plan consists of all of the following: (1) Section 145.01 to 145.20 and 145.80 to 145.98 of the Revised Code and any corresponding administrative rules; (2) The provisions of the plan document for the PERS defined contribution plan, and any amendments thereto; (3) Any rules adopted pursuant to section 145.80 of the Revised Code.
Last updated December 17, 2024 at 1:43 PM
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Rule 145-3-04 | Impact of weekend or holiday on initial plan selection.
Effective:
January 1, 2012
(A) This rule amplifies section 145.19 of the Revised Code and sections 2.01 of the combined and member-directed plan documents. (B) If the last day of the one hundred-eighty-day election period occurs on a weekend or holiday, the public employees retirement system may accept the election on the first business day after the last day of the one hundred-eighty-day period.
Last updated October 7, 2024 at 11:45 AM
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Rule 145-3-06 | Procedure for additional deposits.
Effective:
August 9, 2007
(A) This rule amplifies section 3.04 of the combined plan document and member-directed plan document. (B) A member participating in the combined plan or member-directed plan who makes a payment of additional after-tax contributions to the member's miscellaneous contribution account shall remit the payment with a form provided by the public employees retirement system.
Last updated October 7, 2024 at 11:46 AM
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Rule 145-3-08 | Active/inactive administrative fee.
Effective:
January 1, 2003
(A) This rule amplifies section 24.03(a)(2) and (3) of the combined plan document and section 21.03(a)(2) and (3) of the member-directed plan document. (B) The public employees retirement board shall establish the administrative fee, if any, to be assessed under section 24.03(a)(2) and (3) of the combined plan document and section 21.03(a)(2) and (3) of the member-directed plan document.
Last updated October 7, 2024 at 11:46 AM
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Rule 145-3-10 | Application by participant for refund of contributions.
Effective:
January 1, 2003
(A) This rule amplifies section 8.01(c) of the member-directed plan document and section 8.04(c) of the combined plan document. (B) For purposes of section 8.01(c) of the member-directed plan document and section 8.04(c) of the combined plan document, "eligible for benefits under article IX" means a participant is eligible for a benefit under section 9.01 of the member-directed plan document or combined plan document with an effective retirement benefit date on or before the first of the month following the date application for a refund is received by the public employees retirement system.
Last updated December 17, 2024 at 1:43 PM
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Rule 145-3-13 | Beneficiary and payment plan changes after retirement.
Effective:
January 1, 2021
(A) This rule amplifies section 9.03(e)
of the combined plan document and, in the case of a monthly annuity payment
option only, sections 9.02 of the combined and member-directed plan
documents. (B) Beneficiary and plan of payment
changes for a retirement allowance under section 9.03(e) of the combined plan
document, a monthly annuity under section 9.02 of the combined plan document,
or a monthly annuity under section 9.02 of the member-directed plan document
shall be made in accordance with rules 145-2-44, 145-2-46, and 145-2-47 of the
Administrative Code.
Last updated December 17, 2024 at 1:43 PM
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Rule 145-3-14 | Designation of beneficiaries under the multiple-life plan.
Effective:
January 1, 2014
(A) This rule amplifies section 9.03(e) of the combined plan document and, in the case of a monthly annuity payment option only, sections 9.02 of the combined and member-directed plan documents (B) Designation of beneficiaries pursuant to a plan of payment under which a portion of the benefit continues, after the death of the retirant, to two, three, or four surviving beneficiaries shall be made in accordance with rule 145-2-60 of the Administrative Code.
Last updated December 17, 2024 at 1:43 PM
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Rule 145-3-15 | Calculation of amount due retirant with multiple beneficiaries under the multiple-life plan.
Effective:
September 16, 2013
(A) This rule amplifies section 9.03(e) of the combined plan document and, in the case of a monthly annuity payment option only, sections 9.02 of the combined and member-directed plan documents. (B) Calculation of the amount due to a retirant receiving a benefit pursuant to a plan of payment under which a portion of the benefit continues, after the death of the retirant, to two, three, or four surviving beneficiaries shall be calculated in accordance with rule 145-2-62 of the Administrative Code.
Last updated December 17, 2024 at 1:43 PM
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Rule 145-3-16 | Priority of multiple court orders under the multiple-life plan.
Effective:
September 16, 2013
(A) This rule amplifies section 9.03(e) of the combined plan document and, in the case of a monthly annuity payment option only, sections 9.02 of the combined and member-directed plan documents. (B) The priority of multiple court orders shall be established in accordance with rule 145-2-64 of the Administrative Code.
Last updated December 17, 2024 at 1:43 PM
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Rule 145-3-21 | Purchase of service credit by combined plan members.
Effective:
January 1, 2016
(A) This rule amplifies division (C) of section 145.82 of the Revised Code and section 3.05 of the combined plan document. (B) A member participating in the combined plan may purchase service credit under section 145.20, 145.201, 145.291, 145.292, 145.293, 145.299, 145.2915, 145.302, or 145.47 of the Revised Code, former section 145.295, 145.2911, or 145.2913 of the Revised Code as they existed prior to January 7, 2013, or section 3.11 or 3.12 of the combined plan document. (C) For purposes of determining the member's eligibility to purchase service credit under section 145.28, 145.295, 145.2911, or 145.2913 of the Revised Code or section 3.11 of the combined plan document, "eighteen months of contributing service credit in the system" means eighteen months of contributing service credit under the combined plan, inclusive of service credit transferred from a prior plan to the combined plan pursuant to rule 145-3-40 of the Administrative Code.
Last updated December 17, 2024 at 1:43 PM
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Rule 145-3-22 | Restored service.
Effective:
January 1, 2022
(A) This rule amplifies section 145.97 of
the Revised Code and section 3.06 of the combined plan document. (B) A member participating in the
combined plan on December 31, 2021, may redeposit the amounts withdrawn under
article VIII of the combined plan, subject to all of the
following: (1) The member has at
least eighteen months of contributing service in the combined plan or in the
Ohio police and fire pension fund or state highway patrol retirement
system; (2) The member shall
redeposit the amount withdrawn with interest on that amount compounded annually
at a rate to be determined by the public employees retirement board from the
first day of the month of withdrawal to and including the month of
redeposit. (C) The amount withdrawn shall be
redeposited and credited as follows: (1) To the
employers' accumulation fund, the amount that equals the amount, if any,
distributed under section 8.02 of the combined plan document. (2) To the member's
accounts, as defined in section 1.01 of the combined plan document, the amount
distributed under section 8.01 of the combined plan document. (3) To the member's
account in the employees' savings fund, any remaining amount including the
interest required in paragraph (B)(2) of this rule. (D) The member may choose to purchase
only part of such credit in any one payment, subject to rules adopted by the
board. Except for the amount described in paragraph (C)(1) of this rule, the
amounts paid to restore service credit under this rule shall vest as described
in section 7.01 of the combined plan document.
Last updated October 7, 2024 at 11:46 AM
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Rule 145-3-23 | Additional liability for service purchases in the combined plan.
Effective:
January 1, 2022
(A) This rule amplifies section 145.29 of
the Revised Code. (B) As used in this rule, "service
credit" means both of the following: (1) Service credit that
may be purchased or obtained under sections 145.20, 145.201, 145.291, 145.292,
145.293, 145.299, and 145.47 of the Revised Code, as those sections existed on
and after January 7, 2013. (2) Service credit that
may be purchased or obtained under section 145.814 of the Revised Code or rule
145-3-40 of the Administrative Code for a plan change that is effective on or
after July 7, 2013, and prior to January 1, 2022, under section 2.03 of the
combined or member-directed plan document, as amended on January 7,
2013. (C) (1) Except as provided in
this paragraph, the public employees retirement system shall calculate the cost
to purchase service credit by using the greater of the member's final
average salary or the member's earnable salary for the twelve months of
contributing service under the combined plan immediately preceding the month in
which the application to purchase is received by the system. If the
member's election to purchase service described in paragraph (B)(2) of
this rule occurs less than twelve months after the effective date of a plan
change, the system shall calculate the cost to purchase service credit by using
the final average salary or last twelve months of earnable salary in the prior
plan. (2) The public employees
retirement board shall, based upon its actuary's recommendation,
establish the percentage rate for the cost of the service credit under the
combined plan. (D) Payments made by a member to purchase
service credit under section 145.29 of the Revised Code and this rule shall be
credited to the employees' savings fund and shall be considered the
accumulated contributions of the member.
Last updated December 17, 2024 at 1:43 PM
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Rule 145-3-40 | Service credit in the combined plan for participation in member-directed plan.
Effective:
January 1, 2022
(A) This rule amplifies section 145.814
of the Revised Code and sections 2.03, 2.04, and 6.02 of the member-directed
plan document. This rule applies to members participating in the combined plan
on December 31, 2021. (B) For each member who elects to
transfer funds from the member-directed plan to purchase service in the
combined plan under division (D) of section 145.814 of the Revised Code and
section 2.03 of the member-directed plan document, the public employees
retirement system shall prepare a statement of cost for service credit to be
purchased in the combined plan based on participation in the member-directed
plan, at the request of an eligible member. An actuary employed by the public
employees retirement board shall determine the additional liability, as defined
in section 145.814 of the Revised Code, as described in rule 145-3-23 of the
Adminstrative Code. (C) An eligible member shall purchase the
service credit only by a lump-sum payment of the amount on deposit, as defined
in rule 145-1-35 of the Administrative Code, except that a member described in
division (D)(1) of section 145.814 of the Revised Code may, pay any additional
liability that exceeds the amount on deposit by initiating payroll deduction
under rule 145-1-38 of the Administrative Code or by direct partial payment.
For plan elections effective on or before July 1, 2015, the payroll deduction
shall be initiated or direct partial payment shall be made not later than one
hundred eighty days after the effective date of an election to participate in
the combined plan under section 2.03 of the member-directed plan document.
Service credit purchased under this rule shall be included in the member's
total service credit in the combined plan. If the member elects to receive
pro-rated service credit, for purposes of section 1.41 of the combined plan
document, the period of service upon which contributing service is based shall
be the member's earliest service credit available to purchase under this
rule. (D) Any funds remaining in an eligible
member's accounts, as defined in section 1.01 of the member-directed plan
document, after the purchase of service credit under this rule shall be
credited to the member's rollover account in the combined plan and treated
as a rollover, except that amounts transferred to the member-directed plan
under section 2.02 of the member-directed plan document shall be credited to
the participant contribution account in the combined plan, as if the
contributions had been originally transferred under section 2.02 of the
combined plan document. A member may also elect, at the time of service
purchase, to leave any remaining funds on deposit in the member-directed plan;
any funds remaining shall be credited to the member's rollover account, as
defined in section 1.31 of the member-directed plan document, and treated as a
rollover. (E) (1) Service credit
purchased under this rule cancels the corresponding years of participation in
the member-directed plan. (2) For plan elections
effective on or before July 1, 2015, years of participation in the
member-directed plan that are not purchased under this rule shall be cancelled
immediately upon the expiration of the one hundred eighty day period following
the effective date of an election to participate in the combined plan under
section 2.03 of the member-directed plan document.
Last updated October 7, 2024 at 11:46 AM
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Rule 145-3-50 | Designation of beneficiary prior to retirement.
Effective:
September 16, 2013
(A) This rule amplifies section 13.02 of the combined plan document and section 11.02 of the member-directed plan document. (B) The member participating in the combined or member-directed plan may designate a beneficiary in accordance with section 145.431 of the Revised Code and rule 145-2-30 of the Administrative Code.
Last updated October 7, 2024 at 11:46 AM
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Rule 145-3-53 | Validity of marriage.
Effective:
January 1, 2003
In the absence of a valid marriage certificate, validity of marriage shall be established in accordance with rule 145-2-35 of the Administrative Code.
Last updated October 7, 2024 at 11:46 AM
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Rule 145-3-81 | Military service.
Effective:
January 1, 2003
(A) This rule amplifies section 21.02 of the member-directed plan document. (B) A member participating in the member-directed plan may make contributions under section 145.302 of the Revised Code in accordance with rule 145-2-06 of the Administrative Code. Notwithstanding section 145.302 of the Revised Code, a member who makes contributions in accordance with that section shall receive a year or portion of a year of participation, as defined in section 1.38 of the member-directed plan document, rather than service credit. (C) Contributions received from a member described in paragraph (B) of this rule shall be deposited and credited in accordance with section 3.03 of the member-directed plan document. Contributions received from the member's employer shall be deposited and credited in accordance with section 3.02 of the member-directed plan document.
Last updated October 7, 2024 at 11:47 AM
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Rule 145-3-82 | Purchase of service credit by member-directed plan members.
Effective:
September 16, 2013
(A) This rule amplifies section 145.47 of the Revised Code as applicable to members participating in the member-directed plan. (B) A member participating in the member-directed plan may purchase service credit under section 145.47 of the Revised Code in accordance with rule 145-3-23 of the Administrative Code.
Last updated October 7, 2024 at 11:47 AM
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