reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3309 | Public School Employees Retirement System › Section 3309.345 | Reemployed Superannuate or Rehire in Position Filled by Vote of Members of Board or Commission.

Effective:
September 26, 2003
Latest Legislation:
House Bill 95 - 125th General Assembly
(A) This section applies in the case of a person who is or most recently has been employed by an employer in a position that is customarily filled by a vote of members of a board or commission.
(B) A board or commission that proposes to continue the employment as a reemployed retirant or rehire as a reemployed retirant to the same position an individual described in division (A) of this section shall do both of the following in accordance with rules adopted under division (C) of this section:
(1) Not less than sixty days before the employment as a reemployed retirant is to begin, give public notice that the person is or will be retired and is seeking employment with the employer;
(2) Between fifteen and thirty days before the employment as a reemployed retirant is to begin and after complying with division (B)(1) of this section, hold a public meeting on the issue of the person being employed by the employer.
The notice regarding division (B)(1) of this section shall include the time, date, and location at which the public meeting is to take place.
(C) The school employees retirement board shall adopt rules as necessary to implement this section.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3309 | Public School Employees Retirement System › Section 3309.353 | Increase in Benefits Established Prior to 2/1/1983.

Effective:
January 7, 2013
Latest Legislation:
Senate Bill 341 - 129th General Assembly
As used in this section, "benefit" means any allowance, pension, or other benefit to which an individual is entitled and that the individual receives pursuant to section 3309.36, 3309.40, 3309.45, or 3309.46 or former section 3309.38 of the Revised Code.
The annual amount of each benefit for which eligibility was established prior to February 1, 1983, shall, after the adjustment required by section 3309.374 of the Revised Code, be increased by five per cent.
Last updated February 17, 2022 at 2:52 PM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3309 | Public School Employees Retirement System › Section 3309.354 | Increase in Benefits Where Eligibility Established Prior to 9-9-88.

Effective:
January 7, 2013
Latest Legislation:
Senate Bill 341 - 129th General Assembly
As used in this section, "benefit" means any allowance, pension, or other benefit to which an individual is entitled and that he receives pursuant to section 3309.35, 3309.36, 3309.40, 3309.45, or 3309.46 or former section 3309.38 of the Revised Code.
Effective the first day of the month following September 9, 1988, the annual amount of benefits shall be increased as follows:
(A) The annual amount of each benefit for which eligibility was established prior to February 1, 1983, shall, after all adjustments required by this chapter, be increased by two per cent;
(B) The annual amount of each benefit for which eligibility was established on or after February 1, 1983, but prior to September 9, 1988, shall, after all adjustments required by this chapter, be increased by five per cent.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3309 | Public School Employees Retirement System › Section 3309.361 | Annual Lifetime Benefit.

Effective:
August 20, 1976
Latest Legislation:
House Bill 268 - 111th General Assembly
On and after the effective date of this section, the allowances of retirants receiving benefits based on an award from the school employees retirement system made on or after June 30, 1955, and before 1971, shall have the benefit recalculated by the school employees retirement system so that each such person shall receive an annual single lifetime benefit or its actuarial equivalent of not less than eighty-six dollars for each year of the member's total service credit, multiplied by the total number of years of service credit, except that service credit exceeding thirty-two years shall not be used in the recalculation, and a final average salary limitation shall not be applied.
If the amount of the benefit recalculated under this section is less than the amount that is payable before the effective date of this section, then the greater benefit shall be continued.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3309 | Public School Employees Retirement System › Section 3309.362 | Increase in Annual Amount of Benefit Effective 7-1-81.

Effective:
January 7, 2013
Latest Legislation:
Senate Bill 341 - 129th General Assembly
As used in this section, "benefit" means any allowance, pension, or other benefit to which an individual is entitled and that the individual receives under section 3309.35, 3309.36, 3309.40, 3309.45, or 3309.46 or former section 3309.38 of the Revised Code.
Effective July 1, 1981:
(A) The annual amount of each benefit for which eligibility was established prior to January 1, 1977, shall, after the adjustment required by section 3309.374 of the Revised Code, be increased by six per cent or six hundred dollars, whichever is less.
(B) The annual amount of each benefit for which eligibility was established on or after January 1, 1977, but prior to January 1, 1980, shall, after the adjustment required by section 3309.374 of the Revised Code, be increased by four per cent or four hundred dollars, whichever is less.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3309 | Public School Employees Retirement System › Section 3309.363 | Contribution Based Benefit Cap.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) As used in this section:
(1) "Retirement allowance" means any of the following as appropriate:
(a) An allowance calculated under section 3309.36 of the Revised Code before any reduction for early retirement or election under section 3309.46 of the Revised Code of a plan of payment;
(b) An allowance calculated under division (A) of section 3309.45 of the Revised Code;
(c) An allowance calculated under division (B)(1)(a) of section 3309.381 of the Revised Code.
(2) "CBBC" means the contribution based benefit cap, which is a limit established by the school employees retirement board on the retirement allowance a member may receive.
(B) Based on the advice of an actuary appointed by the board, the board shall designate a number as the CBBC factor. The board may, from time to time, revise the factor pursuant to advice from an actuary appointed by the board.
(C) Beginning on and after August 1, 2024, before paying a retirement allowance, the board shall make all of the following calculations:
(1) Determine an amount equal to the value of the member's accumulated contributions, including any contributions used to fund a disability benefit under section 3309.40 of the Revised Code and a portion of any amounts paid by an employer under section 3309.33 of the Revised Code, as determined by an actuary appointed by the board;
(2) Determine the amount of a single life annuity that is the actuarial equivalent of the amount determined under division (C)(1) of this section, adjusted for the age of the member at the time of retirement or, when appropriate, the age at the time of the member's death;
(3) Multiply the annuity amount determined under division (C)(2) of this section by the CBBC factor.
(D) The amount determined under division (C)(3) of this section is the member's CBBC. Beginning on and after August 1, 2024, if the retirement allowance the member would receive exceeds the member's CBBC, the board shall reduce the retirement allowance to an amount equal to the member's CBBC.
(E) If a member's retirement allowance is reduced under this section, the reduced retirement allowance is the member's single lifetime allowance for purposes of sections 3309.36, 3309.381, and 3309.45 of the Revised Code.
(F) The board may adopt rules to implement this section.
Last updated August 31, 2023 at 3:18 PM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3309 | Public School Employees Retirement System › Section 3309.375 | Benefits Equivalent to Medicare.

Effective:
July 29, 1992
Latest Legislation:
Senate Bill 346 - 119th General Assembly
(A) Except as otherwise provided in division (B) of this section, the board of the school employees retirement system shall make available to each retirant or disability benefit recipient receiving a monthly allowance or benefit on or after January 1, 1968, who has attained the age of sixty-five years, and who is not eligible to receive hospital insurance benefits under the federal old age, survivors, and disability insurance program, hospital insurance coverage substantially equivalent to the federal hospital insurance benefits, "Social Security Amendments of 1965," 79 Stat. 291, 42 U.S.C.A. 1395c, as amended. This coverage shall also be made available to the spouse, widow, or widower of such retirant or disability benefit recipient provided such spouse, widow, or widower has attained age sixty-five and is not eligible to receive hospital insurance benefits under the federal old age, survivors, and disability insurance program. The widow or widower of a retirant or disability benefit recipient shall be eligible for such coverage only if he or she is the recipient of a monthly allowance or benefit from this system. Not less than twenty-five per cent of the cost for such coverage shall be paid from the appropriate funds of the school employees retirement system and the remainder by the recipient of the allowance or benefit.
The cost of such coverage, paid from the funds of the system, shall be included in the employer's rate provided by sections 3309.49 and 3309.51 of the Revised Code. The retirement board is authorized to make all necessary rules pursuant to the purpose and intent of this section, and shall contract for such coverage as provided in section 3309.69 of the Revised Code.
Notwithstanding sections 3309.49 and 3309.51 of the Revised Code, the employer's contribution rate shall not be increased until July 1, 1969, or later to reflect the increased costs created by this section.
(B) The board need not make the hospital insurance coverage described in division (A) of this section available to any person for whom it is prohibited by section 3309.69 of the Revised Code from paying or reimbursing the cost of such insurance.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3309 | Public School Employees Retirement System › Section 3309.376 | Additional Monthly Payment as of 12-31-71.

Effective:
January 7, 2013
Latest Legislation:
Senate Bill 341 - 129th General Assembly
On and after December 31, 1971, all persons who retired and were eligible to receive a pension that was payable prior to July 1, 1968, pursuant to section 3309.36 or 3309.40 or former section 3309.38 of the Revised Code, or in the event of the death of such persons, the person designated by the deceased to receive payments under section 3309.46 of the Revised Code, shall receive an additional monthly payment of two dollars for each year between the member's effective date of retirement or disability and December 31, 1971, or an additional fifty dollars, whichever is less.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3309 | Public School Employees Retirement System › Section 3309.377 | Additional Monthly Payment Where Member Died Prior to 7-1-68.

Effective:
December 30, 1972
Latest Legislation:
House Bill 377 - 109th General Assembly
Each person receiving benefits under section 3309.45 of the Revised Code who became eligible to receive such benefits under section 3309.44 of the Revised Code by virtue of the death of a member prior to July 1, 1968, shall receive an additional monthly payment of two dollars for each year between the date of such member's death and December 31, 1972, or an additional fifty dollars, whichever is less.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3309 | Public School Employees Retirement System › Section 3309.378 | Additional Monthly Payment as of 12-19-73.

Effective:
December 19, 1973
Latest Legislation:
House Bill 214 - 110th General Assembly
On and after the effective date of this section, any person who retired or his beneficiary , who was eligible to receive an allowance that was first payable on or after July 1, 1968 and prior to July 1, 1971, and the beneficiary of a member who died before service retirement on or after July 1, 1968 and prior to July 1, 1971, receiving an allowance or benefit pursuant to sections 3309.35, 3309.36, 3309.38, 3309.40, 3309.45, or 3309.46 of the Revised Code, shall receive an additional monthly payment of two dollars for each year between the member's effective date of retirement, disability or death and July 1, 1973.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3309 | Public School Employees Retirement System › Section 3309.379 | Recalculating Benefits.

Effective:
January 7, 2013
Latest Legislation:
Senate Bill 341 - 129th General Assembly
(A) On and after the first day of the month following the effective date of this section, each person eligible to receive an allowance, pension, or benefit, pursuant to sections 3309.35, 3309.36, 3309.40, division (A) of section 3309.45, and section 3309.46 and former section 3309.38 of the Revised Code, that was based upon an award made effective before June 30, 1955, shall have the allowance, pension, or benefit payable as of September 30, 1974, recalculated by the school employees retirement board so that each such person shall receive an annual single lifetime allowance, pension, or benefit or its actuarial equivalent of not less than one hundred forty dollars for each year of the member's total service credit, except that service credit exceeding thirty-two years shall not be used in the recalculation, and a final average salary limitation shall not be applied.
If the amount of the allowance, pension, or benefit recalculated under this division is less than the amount that is payable on the effective date of this section, then the greater allowance, pension, or benefit shall be continued.
(B) On and after the first day of the month following the effective date of this section, each person receiving an allowance, pension, or benefit, pursuant to sections 3309.35, 3309.36, 3309.40, division (A) of section 3309.45, and section 3309.46 and former section 3309.38 of the Revised Code, that was first effective on and after June 30, 1955, through June 30, 1971, shall be paid an increased allowance, pension, or benefit as follows:
Effective Date of the Member's Allowance, Pension, or Benefit:
Per Cent of Increase:
June 30, 1955 through June 29, 1959
33
June 30, 1959, through October 31, 1965
21
November 1, 1965, through June 30, 1968
14
July 1, 1968, through June 30, 1971
5
The increase shall be applied to the allowance, pension, or benefit payable on the effective date of this section.
(C) On and after the first day of the month following the effective date of this section, each person receiving or qualified to receive an allowance, pension, or benefit, pursuant to division (B) of section 3309.45 of the Revised Code, that was effective on and after June 14, 1951, through August 26, 1970, shall receive an increase in such allowance, pension, or benefit in the amount of twenty per cent.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3309 | Public School Employees Retirement System › Section 3309.3710 | Increase in Monthly Allowance, Pension or Benefit Effective 7-1-81.

Effective:
January 7, 2013
Latest Legislation:
Senate Bill 341 - 129th General Assembly
(A) Effective July 1, 1981, each person eligible to receive an allowance, pension, or benefit pursuant to sections 3309.35, 3309.36, 3309.40, division (A) of section 3309.45, and section 3309.46 and former section 3309.38 of the Revised Code that was based upon an award made effective before July 1, 1974, shall have the person's monthly allowance, pension, or benefit increased by five per cent, except that the twelve-month sum of such increases shall not exceed five per cent of the first five thousand dollars of the annual allowance, pension, or benefit.
(B) Effective July 1, 1981, each person receiving or qualified to receive a benefit, pursuant to division (B) of section 3309.45 of the Revised Code, that was effective on and after June 14, 1951, through August 26, 1970, shall receive an increase in such benefit of five per cent.
(C) The increases provided in divisions (A) and (B) of this section shall be applied to the benefit payable on and after July 1, 1981.
(D) The increase in the monthly allowance, pension, or benefit provided in divisions (A) and (B) of this section shall be included in the calculation of additional benefits to recipients under section 3309.374 of the Revised Code.
(E) The benefits provided in divisions (A) and (B) of this section are a continuation of those first provided in Am. Sub. H.B. 204 as passed by the 113th general assembly.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3309 | Public School Employees Retirement System › Section 3309.3711 | Increasing Pension, Benefit, or Allowance When Limits of 26 Usc 415 Are Raised.

Effective:
January 7, 2013
Latest Legislation:
Senate Bill 341 - 129th General Assembly
Whenever the limits established by section 415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended, are raised, the school employees retirement board shall increase the amount of the pension, benefit, or allowance of any person whose pension, benefit, or allowance payable under section 3309.36, 3309.374, 3309.381, 3309.40, or 3309.401 or former section 3309.38 of the Revised Code was limited by the application of section 415. The amount of the increased pension, benefit, or allowance shall not exceed the lesser of the amount the person would have received if the limits established by section 415 had not been applied or the amount the person is eligible to receive subject to the new limits established by section 415.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3309 | Public School Employees Retirement System › Section 3309.3712 | Establishing and Maintaining Qualified Governmental Excess Benefit Arrangement.

Effective:
July 13, 2000
Latest Legislation:
Senate Bill 190 - 123rd General Assembly
The school employees retirement board may establish and maintain a qualified governmental excess benefit arrangement that meets the requirements of division (m) of section 415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended, and any regulations adopted thereunder. If established, the arrangement shall be a separate portion of the school employees retirement system and be maintained solely for the purpose of providing to retired members that part of a benefit otherwise payable under this chapter that exceeds the limits established by section 415 of the "Internal Revenue Code of 1986," as amended.
Members participating in an arrangement established under this section shall not be permitted to elect to defer compensation to the arrangement. Contributions to and benefits paid under an arrangement shall not be payable from a trust that is part of the system unless the trust is maintained solely for the purpose of providing such benefits.
The board shall adopt rules to administer an arrangement established under this section.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3309 | Public School Employees Retirement System › Section 3309.381 | Disability Allowance Recipient Applying for Service Retirement.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 42 - 130th General Assembly
(A) A recipient of a disability allowance under section 3309.401 of the Revised Code who is subject to division (C)(3) of that section may make application for retirement under this section. Retirement shall be effective on the first day of the first month following the last day for which the disability allowance is paid.
(B) The annual allowance payable under this section shall consist of the sum of the amounts determined under divisions (B)(1) and (2) of this section:
(1) The greater of the following:
(a) An allowance calculated as follows, excluding any period during which the applicant received a disability benefit under section 3309.401 of the Revised Code:
(i) For an applicant who would be eligible to retire under division (A)(1) of section 3309.34 of the Revised Code, the allowance shall be calculated under divisions (B)(1)(a) and (B)(2) of section 3309.36 of the Revised Code;
(ii) For an applicant who would be eligible to retire under division (A)(2) of section 3309.34 of the Revised Code, the allowance shall be calculated under divisions (B)(1)(b) and (B)(3) of section 3309.36 of the Revised Code.
(b) An allowance calculated by multiplying the applicant's total service credit, including service credit for the last continuous period during which the applicant received a disability benefit under section 3309.401 of the Revised Code, by two and two-tenths per cent of the applicant's final average salary, except that the allowance shall not exceed forty-five per cent of the applicant's final average salary.
(2) An amount equal to the additional allowance the recipient would receive under section 3309.374 of the Revised Code, plus any other additional amount the recipient would receive under this chapter, had the recipient retired under section 3309.36 of the Revised Code effective on the effective date of the recipient's most recent continuous period of receipt of a disability benefit under section 3309.401 of the Revised Code.
(C) The allowance calculated under division (B) of this section, exclusive of any amount added under division (B)(2) of this section based on section 3309.374 of the Revised Code, shall be the base for all future additional allowances under section 3309.374 of the Revised Code.
The anniversary date for future additional allowances under section 3309.374 of the Revised Code shall be the effective date of the recipient's most recent continuous period of receipt of a disability benefit under section 3309.401 of the Revised Code.
(D) The retirement allowance determined under this section shall be paid as provided in section 3309.46 of the Revised Code.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3309 | Public School Employees Retirement System › Section 3309.391 | Annual Report Disability Retirement Experience of Each Employer.

Effective:
April 6, 2007
Latest Legislation:
House Bill 272 - 126th General Assembly
Not later than September 1, 2000, and each first day of September thereafter, the school employees retirement board shall make and submit a report for the preceding fiscal year of the disability retirement experience of each employer. The report shall specify the total number of disability applications submitted, the status of each application as of the last day of the fiscal year, total applications granted or denied, and the percentage of disability benefit recipients to the total number of the employer's employees who are members of the school employees retirement system. The report shall be submitted to the governor, the Ohio retirement study council, and the chairpersons of the standing committees and subcommittees of the senate and house of representatives with primary responsibility for retirement legislation.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3309 | Public School Employees Retirement System › Section 3309.40 | Benefits Upon Disability Retirement.

Effective:
April 9, 2001
Latest Legislation:
Senate Bill 270 - 123rd General Assembly
A member who has elected disability coverage under this section, has not attained age sixty, and is determined by the school employees retirement board under section 3309.39 of the Revised Code to qualify for a disability benefit shall be retired on disability under this section.
Upon disability retirement, a member shall receive an annual amount that shall consist of:
(A) An annuity having a reserve equal to the amount of the member's accumulated contributions;
(B) A pension that shall be the difference between the member's annuity and an annual amount determined by multiplying the total service credit of such member, and in addition thereto, the number of years and fractions thereof between the effective date of the member's disability retirement and attained age sixty, assuming continuous service, by eighty-six dollars, or by two and two-tenths per cent of the member's final average salary, whichever is greater.
Where the member is not receiving a disability benefit under section 3309.35 of the Revised Code and is receiving a disability benefit from either the public employees retirement system or the state teachers retirement system, then such member shall not be eligible for service credit based upon the number of years and fractions thereof between the effective date of disability and attained age sixty as provided for in this division.
Such disability retirement shall not be less than thirty per cent nor more than seventy-five per cent of the member's final average salary, except that it shall not exceed any limit to which the retirement system is subject under section 415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended.
The school employees retirement board is the final authority in determining the eligibility of a member for such form of retirement.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3309 | Public School Employees Retirement System › Section 3309.401 | Annual Amount of Disability Allowance.

Effective:
January 7, 2013
Latest Legislation:
Senate Bill 341 - 129th General Assembly
(A) A member with disability coverage under this section who is determined by the school employees retirement board under section 3309.39 of the Revised Code to qualify for a disability benefit shall receive a disability allowance under this section. The allowance shall be an annual amount equal to the greater of the following:
(1) Forty-five per cent of the member's final average salary;
(2) The member's total service credit multiplied by two and two-tenths per cent of the member's final average salary, not exceeding sixty per cent of the member's final average salary.
(B) Sufficient reserves for payment of the disability allowance shall be transferred to the annuity and pension reserve fund from the employers' accumulation fund. The accumulated contributions of the member shall remain in the employees' savings fund. No part of the allowance paid under this section shall be charged against the member's accumulated contributions.
(C) A disability allowance paid under this section shall terminate at the earliest of the following:
(1) The effective date of service retirement under section 3309.35 or 3309.36 of the Revised Code;
(2) The date the allowance is terminated under section 3309.41 of the Revised Code;
(3) The later of the last day of the month in which the recipient attains age sixty-five, or the last day of the month in which the benefit period ends as follows:
Attained Age at Effective Date
of Disability Allowance
Benefit Period
60 or 61
60 months
62 or 63
48 months
64 or 65
36 months
66, 67, or 68
24 months
69 or older
12 months
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3309 | Public School Employees Retirement System › Section 3309.43 | Payments to Members Who Are Members of Another State Retirement System.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 42 - 130th General Assembly
(A) As used in this section, "other retirement system" means the public employees retirement system or the state teachers retirement system.
(B) Except as provided in division (C) of this section, on application, a member of the school employees retirement system who is also a member of one or both of the other retirement systems and has ceased to be an employee under this chapter may be paid, in accordance with section 3309.42 of the Revised Code, the member's accumulated contributions to the school employees retirement system. This payment does not affect the member's membership in the other retirement systems or any right the member may have to a benefit or return of contributions under those systems.
(C) This section does not apply to a member of one of the other retirement systems whose employment under that system is with the public employer that was the employer under the school employees retirement system at the time the member's service subject to this chapter terminated.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3309 | Public School Employees Retirement System › Section 3309.451 | Service Credit Purchased Upon Death of Member.

Effective:
July 29, 1992
Latest Legislation:
Senate Bill 346 - 119th General Assembly
Upon the death of a member prior to receipt of a disability benefit or service retirement, the surviving spouse or dependents of the deceased member shall have the right to purchase any service credit which the member, had he not died, would have been eligible to purchase under this chapter upon the same terms and conditions which the deceased member could have purchased such service credit had he not died. Any service credit purchased under this section shall be applied under the provisions of this chapter in the same manner as it would have been applied had it been purchased by the deceased member during his lifetime.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3309 | Public School Employees Retirement System › Section 3309.47 | Contribution of Contributor.

Effective:
January 7, 2013
Latest Legislation:
Senate Bill 341 - 129th General Assembly
Each school employees retirement system contributor shall contribute eight per cent of the contributor's compensation to the employees' savings fund, except that the school employees retirement board may raise the contribution rate to a rate not greater than ten per cent of compensation.
The contributions by the direction of the school employees retirement board shall be deducted by the employer from the compensation of each contributor on each payroll of such contributor for each payroll period and shall be an amount equal to the required per cent of such contributor's compensation. On a finding by the board that an employer has failed or refused to deduct contributions for any employee during any year and to transmit such amounts to the retirement system, the retirement board may make a determination of the amount of the delinquent contributions, including interest at a rate set by the retirement board, from the end of each year, and certify to the employer the amounts for collection. If the amount is not paid by the employer, it may be certified for collection in the same manner as payments due the employers' trust fund. Any amounts so collected shall be held in trust pending receipt of a report of contributions for the employee for the period involved as provided by law and, thereafter, the amount in trust shall be transferred to the employee's savings fund to the credit of the employee. Any amount remaining after the transfer to the employees' savings fund shall be transferred to the employers' trust fund as a credit of the employer.
Additional deposits may be made to a member's account. At retirement, the amount deposited with interest may be used to provide additional annuity income. The additional deposits may be refunded to the member before retirement, and shall be refunded if the member withdraws the member's refundable amount. The deposits may be refunded to the beneficiary or estate if the member dies before retirement, and the board shall determine whether regular interest shall be credited to deposits thus refunded.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3309 | Public School Employees Retirement System › Section 3309.471 | Contributions During Disability Leave.

Effective:
June 30, 1991
Latest Legislation:
House Bill 382 - 119th General Assembly
Except as otherwise provided in section 124.385 of the Revised Code, any contributor who is granted disability leave pursuant to a program sponsored by his employer, whereby the contributor receives a percentage of his salary while on disability leave, shall not be required to make contributions for time off while on disability leave.
Except as otherwise provided in section 124.385 of the Revised Code, each employer described in division (A) of section 3309.01 of the Revised Code who sponsors a disability leave program shall make the periodic employee and employer contributions, in the amounts set pursuant to sections 3309.47 and 3309.49 of the Revised Code, for contributors granted disability leave, based on the contributor's compensation in effect at the time disability leave was granted.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3309 | Public School Employees Retirement System › Section 3309.472 | Purchasing Service Credit for Time Spent on Pregnancy.

Effective:
September 9, 1988
Latest Legislation:
House Bill 290 - 117th General Assembly
For one year after the effective date of this section, a member who resigned due to pregnancy prior to the effective date of this section may purchase service credit for a period following the resignation during which she did not make contributions under section 3309.47 of the Revised Code, if she meets both of the following conditions:
(A) She has earned a minimum of one year of service credit subsequent to the date of her return to employment as a contributor to the retirement system;
(B) She returned to employment as a contributor not later than the first day of classes of the third school year following the date of her resignation.
Service credit purchased by a member under this section may not exceed the lesser of two years or an amount equal to the period from the effective date of her resignation to the date of her return to employment as a contributor, except that service credit may be purchased for more than one period of absence due to pregnancy, but the total service credit purchased may not exceed two years. The member must submit evidence satisfactory to the school employees retirement board documenting that her resignation was due to pregnancy and that she meets the requirement of division (B) of this section.
For each year of service credit purchased under this section:
(1) The member shall pay to the retirement system for credit to her accumulated account an amount equal to her retirement contributions for full-time employment for the first year of service subsequent to her return to employment as a contributor to the retirement system, plus compound interest thereon, at a rate established by the retirement board, from the date of the member's return to employment as a contributor to the date of payment;
(2) The member's employer at the time of resignation shall pay an amount certified by the retirement system, which shall be an amount equal to the employer contribution for full-time employment for the member's first year of service subsequent to her return to employment as a contributor, plus compound interest thereon, at a rate established by the retirement board, from the date of the member's return to employment as a contributor to the date of payment.
A member may purchase all or part of the credit for which she is eligible in one or more payments. The retirement board may adopt rules to implement this section.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3309 | Public School Employees Retirement System › Section 3309.473 | Purchasing Service Credit for Time Spent on Pregnancy or Adoption.

Effective:
September 14, 2000
Latest Legislation:
Senate Bill 144 - 123rd General Assembly
(A) Except as provided in division (D) of this section, a member of the school employees retirement system who resigned due to pregnancy or adoption of a child may purchase service credit for a period following the resignation during which the member did not make contributions under section 3309.47 of the Revised Code, if the member meets both of the following conditions:
(1) The member has earned a minimum of one year of service credit subsequent to the date of the member's return to employment as a contributor to the system.
(2) The member returned to employment as a contributor not later than the first day of classes of the third school year following the date of resignation.
Service credit purchased under this section may not exceed the lesser of two years or an amount equal to the period from the effective date of the resignation to the date of return to employment as a contributor. Service credit may be purchased for more than one period of resignation due to pregnancy or adoption of a child, but the total service credit purchased may not exceed two years. The member must submit evidence satisfactory to the school employees retirement board documenting that the resignation was due to pregnancy or adoption of a child and that the member meets the requirement in division (A)(1) of this section.
(B) For each year of service credit purchased under this section:
(1) The member shall pay to the system for credit to the member's accumulated account an amount equal to the member's contributions for full-time employment for the first year of service subsequent to the member's return to employment as a contributor, plus compound interest thereon at a rate established by the board, from the date of the member's return to employment as a contributor to the date of payment.
(2) The member's employer at the time of resignation shall pay an amount certified by the system, which shall be an amount equal to the employer contribution for full-time employment for the member's first year of service subsequent to the member's return to employment as a contributor, plus compound interest thereon at a rate established by the board, from the date of the member's return to employment as a contributor to the date of payment.
(C) A member may purchase all or part of the credit for which the member is eligible in one or more payments. Service credit purchased under this section shall be included in the member's total service credit.
(D) A member who has purchased service credit under section 3309.472 of the Revised Code for a period of absence may not purchase credit under this section for the same period of absence.
(E) The board may adopt rules to implement this section.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3309 | Public School Employees Retirement System › Section 3309.474 | Purchase of Service Credits for Leaves of Absence.

Effective:
April 6, 2017
Latest Legislation:
House Bill 520 - 131st General Assembly
(A) As used in this section, "state retirement system" means the public employees retirement system, Ohio police and fire pension fund, state teachers retirement system, school employees retirement system, or state highway patrol retirement system.
(B) A state retirement system member who while a member of the school employees retirement system was out of service due to a leave of absence approved by the member's employer may purchase from the school employees retirement system service credit for any period during the leave for which contributions were not made under section 3309.47 of the Revised Code.
For purposes of this section, a period of leave commences on the first day for which employee and employer contributions were not made to the system and ends on the earlier of the termination of the leave or the member's return to contributing service.
(C)(1) For each year of service purchased, the member shall pay to the school employees retirement system for credit to the member's accumulated account with that system an amount equal to the sum of the following:
(a) An amount determined by multiplying the compensation the member would have received during the leave by the employee contribution rate in effect at that time;
(b) An amount determined by multiplying the compensation the member would have received during the leave by the employer contribution rate in effect at that time;
(c) Compound interest at a rate determined by the school employees retirement board from the first day of the year following the date the leave commenced to the date of payment.
(2) If the employee or employer contribution rate changed during the leave, contributions for each month of the leave shall be made at the rate in effect for that month.
(D) Service credit purchased under this section for any period of leave shall not exceed two years. Credit may be purchased for more than one period of leave, but the total number of years purchased shall not exceed the lesser of five years or the member's total accumulated number of years of service as a contributor to the school employees retirement system. The member may choose to purchase only part of such credit in any one payment, subject to board rules.
(E) Service credit purchased under this section shall be considered the equivalent of Ohio service credit.
(F) The board may adopt rules under section 3309.04 of the Revised Code to implement this section.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3309 | Public School Employees Retirement System › Section 3309.48 | Employer Failing to Deduct Employee Contribution.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
Any employee who left the service of an employer after attaining age sixty-five or over and such employer had failed or refused to deduct and transmit to the school employees retirement system the employee contributions as required by section 3309.47 of the Revised Code during any year for which membership was compulsory as determined by the school employees retirement board, shall be granted service credit without cost, which shall be considered as total service credit for the purposes of meeting the qualifications for service retirement provided by the law in effect on and retroactive to the first eligible retirement date following the date such employment terminated, but shall not be paid until formal application for such allowance on a form provided by the retirement board is received in the office of the retirement system. The total service credit granted under this section shall not exceed ten years for any such employee.
The liability incurred by the retirement board because of the service credit granted under this section shall be determined by the retirement board, the cost of which shall be equal to an amount that is determined by applying the combined employee and employer rates of contribution against the compensation of such employee at the rates of contribution and maximum salary provisions in effect during such employment for each year for which credit is granted, together with interest at the rate to be credited accumulated contributions at retirement, compounded annually from the first day of the month payment was due the retirement system to and including the month of deposit, the total amount of which shall be collected from the employer. Such amounts shall be certified by the retirement board to the department of education and workforce, which shall deduct the amount due the system from any funds due the affected school district under Chapter 3317. of the Revised Code. The department shall certify to the director of budget and management the amount due the system for payment. The total amount paid shall be deposited into the employers' trust fund, and shall not be considered as accumulated contributions of the employee in the event of the employee's death or withdrawal of funds.
Last updated September 7, 2023 at 12:55 PM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3309 | Public School Employees Retirement System › Section 3309.49 | Employer Contribution.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 42 - 130th General Assembly
Each employer shall pay to the school employees retirement system at such times as required by the school employees retirement board under section 3309.51 of the Revised Code an amount that shall be a certain per cent of the earnable compensation of all employees, and shall be known as the "employer contribution." The rate per cent of such contribution shall be fixed by the actuary on the basis of the actuary's evaluation of the liabilities of the school employees retirement system, but shall not exceed fourteen per cent, and shall be approved by the school employees retirement board. The school employees retirement board may raise the rate per cent of the contribution to fourteen per cent of the earnable compensation of all employees. In making such evaluation, the actuary shall use, as the actuarial assumptions, regular interest and such mortality and other tables as are adopted by the school employees retirement board. The actuary shall compute the percentage of such earnable compensation, to be known as the "employer rate," required annually to fund the liability for all allowances, annuities, pensions and other benefits, and any deficiencies in the various funds, provided for in this chapter, after deducting therefrom the annuity and other benefits provided by the contributor's accumulated contributions and deposits or other applicable moneys.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3309 | Public School Employees Retirement System › Section 3309.491 | Employer Minimum Compensation Contribution.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) An actuary employed by the school employees retirement board shall annually determine the minimum annual compensation amount for each member that will be needed to fund the cost of providing future health care benefits under section 3309.69 of the Revised Code. The amount determined by the actuary under this division shall be approved by the board and shall be known as the "minimum compensation amount."
(B)(1) The secretary of the school employees retirement board shall annually determine for each employer the "employer minimum compensation contribution."
Subject to division (B)(2) of this section, the amount determined shall be the lesser of the following:
(a) An amount equal to two per cent of the compensation of all members employed by the employer during the prior year;
(b) The total of the amounts determined as follows for each member whose compensation for the prior year was less than the minimum compensation amount:
(i) Subtract the member's compensation for the prior year from the minimum compensation amount;
(ii) Multiply the remainder obtained under division (B)(1)(b)(i) of this section by one, or if the member earned less than a year's service credit for the prior year, by the same fraction as the fraction of a year's service credit credited to the member under section 3309.30 of the Revised Code;
(iii) Multiply the product obtained under division (B)(1)(b)(ii) of this section by the employer contribution rate in effect for the year the service credit was earned.
(2) If the total of the employer minimum contribution amounts determined under division (B)(1) of this section exceeds one and one-half per cent of the compensation of all members employed by employers required to pay the employer minimum compensation contribution, the school employees retirement board shall reduce the amount determined for each employer so that the total amount determined does not exceed one and one-half per cent of the compensation of all members employed by employers required to pay the employer minimum compensation contribution. Any reduction shall be applied to each employer in the same proportion as the employer's minimum compensation contribution bears to the total employer minimum compensation contribution.
(C) The secretary shall annually certify to each employer the employer minimum compensation contribution determined under division (B) of this section. In addition to the employer contribution required by section 3309.49 of the Revised Code, each employer shall pay annually to the employers' trust fund the amount certified to the employer under this division.
(D) Annually by the first day of August, the secretary shall submit to the department of education and workforce a list of the payments made by each employer under this section during the preceding fiscal year.
Last updated September 7, 2023 at 12:57 PM