reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-02 - Definition of compensation

Current through all regulations passed and filed through July 1, 2024
(A) This rule amplifies and is in addition to
			 the provisions of division (V) of section
			 3309.01 of the Revised
			 Code.
(B) Except as otherwise
			 provided by division (V) of section
			 3309.01 of the Revised Code, the
			 following payments made by an employer are not "compensation."
(1) Payments made by the employer for accrued
			 but unused compensatory time for overtime worked;
(2) One-time and/or lump-sum payments made by
			 the employer to an employee where such payments are not based upon the
			 employee's standard rate of pay or identified in
			 paragraph (C) of this rule;
(3) Retroactive payments or pay increases
			 made or granted by the employer in whole or in part in consideration of
			 retirement or an agreement to retire; and
(4) Any terminal payments or other additional
			 remuneration paid by the employer in consideration of retirement or an
			 agreement to retire.
Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-03 - Staff authority and appeals

Current through all regulations passed and filed through July 1, 2024
(A) The school employees retirement board
			 authorizes its administrative staff to make determinations on member and
			 benefit matters in accordance with Chapter 3309. of the Revised Code, this
			 chapter, and policies of the retirement board. This authority includes, but is
			 not limited to, membership, compensation, benefits, and employer reporting
			 matters. Final determinations by the staff may be appealed to the retirement
			 board pursuant to this rule.
(B)
			 Except as provided in rules
			 3309-1-40
			 and
			 3309-1-41
			 of the Administrative Code, any affected person may appeal a final
			 determination of the staff of the school employees retirement system as
			 provided in this rule.
(C)
(1) A notice of appeal shall be submitted to
			 the executive director in writing, and must be received
			 by the retirement system no more than thirty days after the date of the
			 final staff determination. It shall state the determination to be reviewed, the
			 basis for the review, and whether a personal appearance before the retirement
			 board is requested.
(2) The
			 retirement system shall notify the person of the time and place of the personal
			 appearance, if one was requested, and the deadline for submitting any
			 documentation the person wants the retirement board to consider on
			 appeal.
Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-04 - Election of retirement board members

Current through all regulations passed and filed through July 1, 2024
(A) The school employees retirement board
			 shall conduct elections in accordance with Chapter 3309. of the Revised Code
			 and this rule.
(B) Notifications
(1) At a regular meeting of the retirement
			 board but no later than July in the fiscal year in which an election of members
			 to the board is required, the retirement board shall establish an election time
			 schedule.
(2) This schedule shall
			 include, a statement of the requirements for nomination by petition, the date
			 after which nominating petitions shall be available, the final date for receipt
			 of completed nominating petitions, the final date for receipt of completed
			 election ballots being the first Monday in March, and the date and place for
			 the election count to be conducted under the supervision of judges as
			 designated in paragraph (D) of this rule.
Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-05 - Policy on investment department incentive plan payouts

Current through all regulations passed and filed through July 1, 2024
(A) Pursuant to
			 section 3309.14 of the Revised Code,
			 payment of employee bonuses are subject to the guidelines established by the
			 school employees retirement board as reflected in the investment department
			 incentive plan. The plan shall be reviewed and approved on an annual basis by
			 the board, and may be interpreted, amended, rescinded, and/or terminated at any
			 time in the board's discretion, provided, however, that no such action by the
			 board will be given effect if it is inconsistent with the requirements of
			 section 409A of the Internal Revenue Code of 1986, as amended. The plan shall
			 establish target incentive awards weighted against performance components,
			 focusing on the school employees retirement system's actual relative investment
			 performance compared with external benchmarks . Any and all material modifications to
			 the plan, including, but not limited to, those related to the assignment of
			 target incentive awards, identification of performance measures and standards,
			 and determination of plan payouts and actual payouts, requires the board's
			 prior approval.
(B) Participation
			 in the plan is limited to certain school employees retirement system full-time
			 investment professionals. Participation in the plan in any one year does not
			 confer the right to participate in the plan in the current or any other year
			 and does not confer the right to continued employment.
Effective: 5/3/2019
Five Year Review
				(FYR) Dates: 2/1/2019 and
				02/01/2024
Promulgated
				Under: 111.15
Statutory
				Authority: 3309.04
Rule
				Amplifies: 3309.041,
				3309.14
Prior
				Effective Dates: 04/10/2005,
				04/02/2010
Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-06 - Ohio-qualified agents and investment managers

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of division (A)(4) of
			 section 3309.157 and section
			 3309.159 of the Revised Code, an
			 investment manager may be designated as an "Ohio-qualified investment manager"
			 if the investment manager and/or any parents, affiliates, or subsidiaries of
			 the investment manager meets the requirements of divisions (A)(1) and (A)(2) of
			 section 3309.159 of the Revised Code.
(B) For purposes of sections
			 3309.157 and
			 3309.159 of the Revised Code,
			 "principal place of business" includes an office in which the agent or
			 investment manager regularly provides securities or investment advisory
			 services and solicits, meets with, or otherwise communicates with clients.
Five Year Review (FYR) Dates:
				2/1/2019 and
				02/01/2024
Promulgated
				Under: 111.15
Statutory
				Authority: 3309.04
Rule
				Amplifies: 3309.157,
				3309.159
Prior
				Effective Dates: 04/10/2005,
				04/01/2016
Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-07 - Application for payment upon termination of employment

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of this rule, "retirant"
			 means a "SERS retirant" or "other system retirant" as defined in section
			 3309.341 of the Revised Code, or
			 a member who retired under section
			 3309.343 of the Revised
			 Code.
(B) An application for
			 payment of the accumulated contributions in a member's individual account
			 pursuant to section 3309.42 of the Revised Code
			 shall be signed by the member. If the account balance exceeds
			 
								five
			 thousand dollars, the member's signature must be notarized or witnessed
			 by a SERS counselor.
(C) An
			 application for a lump sum annuity payment or a return of contributions
			 pursuant to section 3309.344 of the Revised Code
			 shall be signed by the retirant. If the account balance
			 exceeds five thousand dollars, the retirant's signature must be
								 notarized or witnessed by a SERS
			 counselor.
(D) If the member or
			 retirant was employed in a SERS-covered position during the six month period
			 preceding the application, the application shall not be approved until the
			 employer certifies to the retirement system the member or retirant's last date
			 of service.
(E) For purposes of
			 division (A)(2) of section
			 3309.42 of the Revised Code,
			 "eligible for age and service retirement" means a member is eligible for
			 retirement under section
			 3309.34,
			 3309.36, or
			 3309.381 of the Revised Code on
			 or before the first of the month following the date the application for a
			 refund is received by the retirement system.
(F) The retirement board waives the
			 requirement of spousal consent in division (A)(2) of section
			 3309.42 of the Revised Code upon
			 receipt of one of the following:
(1) The
			 written statement of the spouse's physician certifying that the spouse is
			 medically incapable of consent;
(2)
			 A certified copy of a probate court order appointing a guardian for the spouse
			 due to a finding of incompetence; or
(3) The affidavits of the member and at least
			 two other persons, one of whom must be unrelated to the member, attesting that
			 the whereabouts of the spouse is unknown.
Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-08 - Payment of benefits and allowances

Current through all regulations passed and filed through July 1, 2024
(A) Effective July 1, 1953 all annuities,
			 retirement allowances, and benefits provided by law and payable in monthly
			 installments shall be due and payable in full on the first day of the
			 month.
(B) All annuities,
			 retirement allowances, and benefits shall be paid on the first day of the month
			 due.
(C) The retirement system may
			 suspend any annuity, retirement allowance or benefit under the following circumstances:
(1)
									If the system has good cause to believe either of
			 the following:
(a) That a retirant or benefit recipient may be
			 incapacitated, and no other person has authority to act or receive payment on
			 the retirant or benefit recipient's behalf; or
(b) That a retirant or
			 benefit recipient is deceased or missing.
Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-09 - Federal taxation

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of this rule, "benefit"
			 refers to a payment from the accumulated contributions of the member or the
			 employer, or both, under Chapter 3309. of the Revised Code and includes an
			 account refund, pension, annuity, disability benefit, or survivor
			 benefit.
(B) Notwithstanding any
			 provision in rules of school employees retirement system ("SERS") or Chapter
			 3309. of the Revised Code to the contrary, distributions to members and
			 beneficiaries shall be made in accordance with a good
			 faith interpretation of the requirements of section 401(a)(9) of the
			 Internal Revenue Code of 1986,
			 26 U.S.C.
			 401(a)(9),
			 as applicable to a governmental plan within the meaning
			 of section 414(d) of the Internal Revenue Code,
			 26 U.S.C.
			 414(d), and the
			 following:
(1) The entire interest of a member
			 shall be distributed to the member:
(a) Not
			 later than the required beginning date; or
(b) Beginning not later than the required
			 beginning date over the life of the member and a designated beneficiary
			 (or over a period not extending beyond the life
			 expectancy of such member or the life expectancy of such member and designated
			 beneficiary) within the meaning of section 401(a)(9) of the Internal
			 Revenue Code.
Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-10 - Mandatory direct deposit

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of this rule,
			 "direct deposit" means an electronic fund transfer
			 directly to an individual's account at a financial institution
								.
(B)
								
								All retirement allowances and benefits payable under Chapter
			 3309 of the Revised Code shall be paid by direct deposit.
(C)
								Individuals shall provide to the retirement
			 system valid direct deposit account and routing numbers, the name and contact
			 information of the financial institution, and such other information as may be
			 required by the retirement system. The retirement system may withhold payment
			 until the individual provides the information described in this
			 paragraph.
(D) If
			 an individual resides outside the
			 United States or experiences other
			 circumstances such that compliance with  this rule is impracticable, the individual may submit a written
			 request for exemption from direct deposit and the retirement system staff shall
			 approve or deny the request.
Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-11 - Membership determinations

Current through all regulations passed and filed through July 1, 2024
(A) A request for a determination as to
			 whether an individual or a group of individuals are required to be members of
			 the school employees retirement system may be initiated by an employer, an
			 affected individual, or the retirement system.
(1) An employer or individual who has a
			 question as to membership requirements shall request in writing a determination
			 by the retirement system. Such determination shall be made as provided in rule
			 3309-1-03 of the Administrative
			 Code.
(2) When a membership
			 determination has been initiated, the employer and any affected individual or
			 individuals shall furnish such documents and information requested by the
			 retirement system.
Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-12 - Contributing service credit; determination of

Current through all regulations passed and filed through July 1, 2024
(A) Any contribution or contributions
			 received for a particular month, beginning with September 1, 1937 and ending
			 June 30, 1955, for credit to a member's savings account shall receive .125% of
			 a year's service credit for that particular month, provided, that no more than
			 one year of service credit shall be granted for all service rendered in any one
			 fiscal year.
(B) Any contribution
			 or contributions received for a particular month, subsequent to June 30, 1955,
			 but prior to July 1, 1977, for credit to a member's savings account, shall
			 receive one-ninth of a year's service credit for that particular month,
			 provided that not more than one year of service credit shall be granted for all
			 service rendered in any one fiscal year.
(C) Service credit granted under the
			 provisions of paragraphs (A) and (B) of this rule, shall be subject to such
			 adjustment by the retirement board as provided by law.
(D) Contributing service credit for school
			 employment rendered on or after July 1, 1977 shall be credited to members as
			 follows:
(1) A full year of service credit
			 will be credited for one hundred twenty or more days of paid school employment
			 during a year.
(2) For less than
			 the above described one hundred twenty days during a year, a fraction of a year
			 credit shall be credited, and shall be determined by dividing the actual number
			 of days paid in a year by one hundred eighty days.
Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-13 - Obtaining optional or compulsory service credit

Current through all regulations passed and filed through July 1, 2024
(A) Optional service credit
(1) Except as provided by section
			 3309.012 of the Revised Code, a
			 member of the school employees retirement system, public employees retirement
			 system, or state teachers retirement system shall be eligible to purchase
			 service credit for school employment on or before June
			 30, 1991 for
									 which
			 contributing service was optional. Contributing service shall be deemed to be
			 optional when contributions were not required by the school employees
			 retirement system and no contributions or member record was received. In order
			 to receive optional service credit, payments shall be made as provided in this
			 paragraph.
(2)
(a)
										For any period of optional service, the member
			 shall pay to the school employees retirement system an amount equal to the
			 employee's and employer's contributions for such period, plus interest at the
			 rate to be set by the school employees retirement board from the end of each
			 year compounded annually. Such amounts paid by the member shall be credited to
			 the employees' savings fund.
(b)
										Optional service may be purchased in one month
			 increments.
(c)
										When only a portion of a period of optional service is
			 purchased, service shall be purchased in reverse chronological order from the
			 most recent month to the oldest month.
(3) In lieu of the member paying the amounts
			 described in this paragraph, the employer for which the optional service was
			 performed may pay an amount equal to either the employee's and employer's, or
			 only the employer's, contributions for such period, plus interest at the rate
			 set by the retirement board from the end of each year compounded annually. If
			 paid by the employer, such amounts shall be credited as follows:
(a) The amount and interest attributable to
			 the employee's back contributions shall be credited to the employees' savings
			 fund; and,
(b) The amount
			 attributable to the employer's contributions shall be deposited in the
			 employers' trust fund and the interest collected on such amount shall be
			 credited to the guarantee fund.
If the employer pays only the amount equal to the employer's
				contributions and interest on that amount, the member shall pay the amount
				equal to the employee's contributions and interest on that amount.
Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-14 - Purchasing leave of absence service credit

Current through all regulations passed and filed through July 1, 2024
(A) A state retirement system member as
			 defined in section
			 3309.474
			 of the Revised Code who while employed in a position covered by the school
			 employees retirement system was out of service due to an unpaid leave of
			 absence granted by the employer pursuant to section
			 3319.13
			 of the Revised Code for educational or professional purposes, illness, or
			 disability may purchase service credit for the leave so long as the member
			 provides certifications from the employer establishing the following:
(1) That the employer granted the leave of
			 absence pursuant to section
			 3319.13
			 of the Revised Code;
(2) The
			 beginning and ending dates of the leave;
(3) The number of days the member would have
			 worked during the leave period; and
(4) The compensation the member would have
			 received for the period of the approved leave.
Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-15 - Applicable law in determining survivor benefits

Current through all regulations passed and filed through July 1, 2024
The law in effect at the time a deceased member's beneficiary
				is first eligible for a survivor benefit shall determine the benefits payable
				to such beneficiary or to any other person who subsequently becomes eligible to
				receive a survivor benefit by reason of the member's death prior to retirement.
Five Year Review (FYR) Dates:
				2/1/2018 and
				02/01/2022
Promulgated
				Under: 111.15
Statutory
				Authority: 3309.04
Rule
				Amplifies: 3309.661
Prior
				Effective Dates: 12/24/1976, 11/09/1998,
				05/09/2003
Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-16 - Qualified child attending educational institution

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of
			 this rule and division (B)(2)(b) of section
			 3309.45 of the Revised Code:
(1) "Qualified child" means a qualified child
			 as defined in division (B)(2)(b) of section
			 3309.45 of the Revised
			 Code.
(2) "School year" means the
			 twelve-month period beginning the first day of July through the last day of
			 June of the following calendar year.
(3) "School" means an educational entity
			 providing instruction through grade twelve and includes a vocational or
			 technical school.
(4) "College" or
			 "university" means an educational entity providing instruction post grade
			 twelve.
(5) "Attending" means
			 registered or enrolled at the institution of learning or training and attending
			 classes.
(6) "Institution of
			 learning or training" means one of the following:
(a) A school:
(i) In Ohio and recognized by the Ohio
			 department of education as meeting Ohio's compulsory education
			 requirements;
(ii) In another state
			 and recognized by that state as complying with the state's compulsory education
			 requirements or accredited by a state-recognized, regionally-recognized, or
			 nationally-recognized accrediting agency; or
(iii) Operated by the federal
			 government.
(b) Home
			 education provided in compliance with Ohio law, or with the law of the state in
			 which the home education is provided.
(c) A college or university:
(i) In Ohio and recognized by the Ohio board
			 of regents, the state board of career colleges and schools, or other applicable
			 state agency or board; or
(ii) In
			 another state and recognized by the Ohio board of regents, the state board of
			 career colleges and schools, or other applicable Ohio state agency or board, or
			 by comparable state agencies where the college or university is located, or
			 accredited by a state-recognized or nationally-recognized accrediting
			 agency.
(d) An
			 unrecognized or unaccredited private school, college, or university provided at
			 least three recognized or accredited schools, colleges, or universities accept
			 its credits on transfer on the same basis as if transferred from a recognized
			 or accredited school, college, or university.
(e) A school, college, or university outside
			 the United States if it meets comparable qualifications described in paragraphs
			 (A)(6)(a) to (A)(6)(d) of this rule.
(7) "Two-thirds of the full-time curriculum"
			 means at least two-thirds of the full-time curriculum requirements as
			 established and certified by the school, college or university. The curriculum
			 may include the time a qualified child is employed in a position approved by
			 the school, college, or university and required as part of the child's program
			 of study.
Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-17 - Allowances and benefits payable

Current through all regulations passed and filed through July 1, 2024
The administrative staff is hereby authorized to pay retirement
				allowances, disability benefits, and other
				benefits during the interim period which may occur between the date such
				allowances and benefits are payable and the date the retirement board can
				receive and act upon the application, as such authority so granted is
				considered as necessary to the proper operation of the retirement
				system.
For purposes of this rule, disability
				benefits are payable after the submission of a determination and recommendation
				of disability to the retirement board and after the retirement system has
				received the employer's certification of final deposits on behalf of the
				member.
Five Year Review (FYR) Dates:
				2/1/2018 and
				02/01/2022
Promulgated
				Under: 111.15
Statutory
				Authority: 3309.04
Rule
				Amplifies: 3309.14
Prior
				Effective Dates: 12/24/1976, 05/08/2004,
				12/04/2014
Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-18 - Payment of contributions

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of this rule:
(1) "Employer" has the same meaning as in
			 section 3309.01 of the Revised
			 Code.
(2) "Contribution report"
			 means payroll data for each pay date that has been cleared of any errors or
			 warnings.
(3) "Surcharge" means the
			 employer minimum compensation contribution amount determined pursuant to
			 section 3309.491 of the Revised
			 Code.
Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-20 - Validity of marriage

Current through all regulations passed and filed through July 1, 2024
(A)
								 For purposes of
			 this rule, "age and service retirant" and "disability benefit recipient" have
			 the same meaning as defined in rule
			 3309-1-35 of the
			 Administrative Code, and "retirant" has the same meaning as defined in division
			 (G) of section 3309.01 of the Revised
			 Code.
(B)
								 For the purpose of qualifying for, or receiving, any
			 benefit as a spouse under Chapter 3309. of the Revised Code, the member's or
			 retirant's marriage must be recognized by the state of Ohio. The school
			 employees retirement board shall accept the following as proof of
			 marriage:
(1)
									 A
			 marriage certificate; or
(2)
									 In the absence of a marriage certificate, a decision
			 rendered by a court, having jurisdiction in the state in which the member or
			 retirant was domiciled at the time of death, that the relationship constituted
			 a valid marriage at time of death, or the "spouse" would have the same status
			 as a widow or widower for purposes of sharing in the distribution of the
			 member's or retirant's intestate personal property if not otherwise prohibited
			 by section 3105.12 of the Revised
			 Code.
Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-21 - Estimated retirement allowances

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of this rule:
(1) "Final retirement allowance" means a
			 monthly retirement allowance paid pursuant to section
			 3309.35,
			 3309.36 or
			 3309.46 of the Revised Code that
			 the retirement system calculates after the employer certifies the final
			 contributions and service credit made on behalf of the member.
(2) "Estimated retirement allowance" means a
			 monthly retirement allowance paid pursuant to section
			 3309.35,
			 3309.36 or
			 3309.46 of the Revised Code
			 prior to the certification of a member's final contributions and service credit
			 and the calculation of the final retirement allowance.
Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-22 - Disability retirement - effective date

Current through all regulations passed and filed through July 1, 2024
For purposes of section
				3309.40 of the Revised Code, a
				member who files an application for disability retirement prior to the member's
				sixtieth birthday and whose last date of contributing service is prior to the
				member's sixtieth birthday "has not attained age sixty."
Five Year Review (FYR) Dates:
				1/31/2019 and
				01/31/2024
Promulgated
				Under: 111.15
Statutory
				Authority: 3309.04
Rule
				Amplifies: 3309.39,
				3309.40
Prior
				Effective Dates: 12/24/1976, 01/02/1993, 05/08/2004,
				04/03/2009
Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-23 - Contributing status; compulsory and optional

Current through all regulations passed and filed through July 1, 2024
(A) The following standards shall apply for
			 the determination of contributing status in the school employees retirement
			 system.
(B) Contributing status
			 shall be required for any employee of an employer as defined in divisions (A)
			 and (B) of section 3309.01 of the Revised Code
			 beginning with the first date of service, unless contributing status is
			 otherwise made optional under this rule or the provisions of Chapter 3309. of
			 the Revised Code.
(C)
(1) Employees who are eligible pursuant to
			 division (B) or (C) of section
			 3309.23 of the Revised Code to
			 elect to be exempt from contributing status, shall make such election by filing
			 a written application for exemption with their employer within the first month
			 of being employed.
(2) Once an
			 exemption is filed, it is irrevocable during the current period of employment
			 for the same employer provided the employee remains qualified for an exemption
			 pursuant to division (B) or (C) of section
			 3309.23 of the Revised Code.
			 Should the employee no longer qualify for an exemption, the previously filed
			 exemption shall be invalid and contributing status shall be
			 mandatory.
(3) An exemption shall
			 be valid only during the current period of employment for the employer by whom
			 the employee is employed at the time that the exemption is filed. When such
			 employment terminates, the exemption also terminates. Upon return to
			 employment, either for the former or for another employer, contributing status
			 is mandatory unless the employee qualifies and timely applies for an
			 exemption.
Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-24 - Ohio service credit and calculation of final average salary

Current through all regulations passed and filed through July 1, 2024
Service credit that is purchased or
				obtained under section
				3309.022,
				3309.474,
				3309.73,
				3309.731, or
				3309.75 of the Revised Code,
				shall be used in determining eligibility for a retirement allowance or a
				benefit as provided in Chapter 3309. of the Revised Code, including the
				calculation of the member's final average salary and total service credit in
				the school employees retirement system.
Five Year Review (FYR) Dates:
				1/31/2020 and
				01/31/2025
Promulgated
				Under: 111.15
Statutory Authority: 3309.04
Rule
				Amplifies: 3309.022, 3309.474, 3309.73, 3309.731, 3309.75
Prior
				Effective Dates: 04/01/2016
Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-25 - Notice of meetings

Current through all regulations passed and filed through July 1, 2024
(A) Any person may determine the time and
			 place of all regularly scheduled meetings and the time, place, and purpose of
			 all special meetings by:
(1) Writing to the
			 following address -
"School Employees Retirement System
300 East Broad Street, Suite 100
Columbus, Ohio 43215"
(2) Calling the following telephone number
			 during normal business hours - 614/222-5853
(3)
									 Accessing the
			 SERS website -
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Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-26 - Beneficiaries

Current through all regulations passed and filed through July 1, 2024
(A) This rule amplifies divisions (B), (C)
			 and (D) of section 3309.44
								, section
			 3309.45, and section
			 3309.50 of the Revised
			 Code.
(B) An individual who does
			 not survive a member or retiree by one hundred twenty hours will be deemed to
			 have predeceased the member or retiree.
(C) For purposes of division (B) of section
			 3309.44 of the Revised Code,
			 when a surviving designated beneficiary dies more than one hundred twenty hours
			 after the member, but before receiving payment, the payment shall be paid to
			 the estate of the designated beneficiary.
(D) For purposes of divisions (C) and (D) of
			 section 3309.44 and section
			 3309.50 of the Revised Code, a
			 person is considered "not located" and ceases to qualify as beneficiary if:
(1) No valid mailing address can reasonably
			 be determined for the person; or
(2) The person fails to file an application
			 for payment within one hundred eighty days from the date the school employees
			 retirement system first notifies the person of beneficiary status.
Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-27 - Intersystem transfers with non-uniform systems

Current through all regulations passed and filed through July 1, 2024
(A)
								 This rule
			 amplifies section 3309.35 of the Revised Code and
			 applies to members who retire with an effective date of retirement on or after
			 February 1, 2013.
(B)
								 For the purpose of this rule:
(1)
									 "State
			 retirement system" and "retention percentage" have the same meanings as in
			 section 3309.35 of the Revised
			 Code.
(2)
									 "Fiscal year" means, for the public employees
			 retirement system, a calendar year and, for the school employees retirement
			 system and state teachers retirement system, the twelve-month period beginning
			 on July first and ending on June thirtieth.
Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-28 - Purchase of service credit; military

Current through all regulations passed and filed through July 1, 2024
(A) Compound interest at a rate to be set by
			 the board shall be applied from the date of the member's first service covered
			 by the school employees retirement system, public employees retirement system
			 or state teachers retirement system following the termination of military duty
			 to date of payment.
(B) The number
			 of years to be purchased shall not exceed five years or the total number of
			 years of Ohio contributing service credit accumulated at time of purchase,
			 whichever is the lesser.
(C) The
			 member may purchase any portion of the military service, provided that a member
			 with less than five years of military service who buys all of his service will
			 be credited with the total days of the final month of service.
(D) The rate of contribution will be that
			 which is in effect at the time the member entered into active military service.
(E) The maximum salary limitation
			 stipulated in Chapter 3309. of the Revised Code when the member completed his
			 first year of Ohio service, will be observed in the calculation of the cost to
			 purchase.
Five Year Review (FYR) Dates:
				2/1/2019 and
				02/01/2024
Promulgated
				Under: 111.15
Statutory
				Authority: 3309.04
Rule
				Amplifies: 3309.021
Prior
				Effective Dates: 12/24/1976, 07/01/1983, 11/01/1996,
				05/14/2005
Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-29 - Purchase of service credit; out-of-state and other

Current through all regulations passed and filed through July 1, 2024
(A) All service in public or private schools,
			 colleges and universities or public service with another state or the United
			 States government which is to be purchased shall be subject to the following
			 requirements, governing eligibility and cost:
(1) To be eligible to purchase service under
			 this rule, after termination of the service to be purchased, a member must have
			 one year of Ohio service in a year as defined in division (R) of section
			 3309.01 of the Revised
			 Code.
(2) The service credit must
			 be properly certified by the official employer or custodian of records on a
			 form acceptable to the retirement board. The certification should be taken from
			 a legitimate source of documentation such as payroll or retirement records.
			 When records have been destroyed, affidavits may be used, but only in
			 conjunction with other documented evidence as proof of service.
(3) Accrued interest shall be calculated from
			 the date of membership in the school employees retirement system of Ohio
			 following service to be purchased to the date of payment.
(4) The member will be entitled to purchase
			 any portion of the service credit under this rule not to exceed five years, or
			 the total accumulated number of years of Ohio contributing service credit,
			 whichever is less.
(5) Service
			 credit to be purchased shall be granted in accordance with the law and policy
			 of the school employees retirement board current at the time each portion of
			 service to be purchased was performed.
(6) School service purchased under this rule
			 shall receive .125 per cent of a year service credit per month of service
			 rendered prior to July 1, 1955, and .111 per cent of a year service credit per
			 month of service rendered after June 30, 1955 and before July 1, 1977. School
			 service performed after June 30, 1977 shall be determined by dividing the
			 number of days paid by one hundred eighty, if the employee worked less than one
			 hundred twenty days in the partial year to be purchased. All service other than
			 school service purchased under this rule shall receive .083 per cent of a year
			 service credit per month of service rendered.
(7) The Ohio service used for the purpose of
			 establishing the purchase price of service under this rule shall be the first
			 year of continuous full-time Ohio service following termination of the service
			 to be purchased.
(8) No more than
			 one year of service credit may be granted for any twelve-month
			 period.
Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-30 - Eligibility for retirement

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of
			 division (A) of section
			 3309.34
			 of the Revised Code and this rule:
(1) "Total
			 service credit" means all service credit earned in the public employees
			 retirement system, state teachers retirement system, or school employees
			 retirement system, except credit for service subject to section
			 3309.341
			 of the Revised Code. Total service credit shall not exceed one year of credit
			 for any twelve-month period.
(2)
			 "Buy-up" means to pay an additional voluntary contribution in an amount equal
			 to the additional actuarial liability to the school employees retirement system
			 of retiring under the retirement eligibility criteria contained in division
			 (A)(1) (a) of section
			 3309.34
			 of the Revised Code.
Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-31 - Adjusting retirement eligibility requirements

Current through all regulations passed and filed through July 1, 2024
(A)
								 This rule
			 applies only to members who retire under division (A)(2)(a) of section
			 3309.34 of the Revised
			 Code.
(B)
								 For each quinquennial actuarial review conducted under
			 division (B) of section
			 3309.21 of the Revised Code, the
			 school employees retirement board shall direct its actuary to evaluate the
			 retirement eligibility requirements in division (A)(2)(a) of section
			 3309.34 of the Revised
			 Code.
(1)
									 If
			 the actuary determines that an adjustment to the retirement eligibility
			 criteria is necessary to ensure that the retirement system meets the
			 thirty-year amortization period requirement of section
			 3309.211 of the Revised Code,
			 the retirement board shall direct its administrative staff to develop
			 recommendations for changes to the retirement eligibility criteria consistent
			 with the actuarial determination.
(2)
									 The
			 recommendations developed under paragraph (B)(1) of this rule shall be
			 submitted to the retirement board at a regularly scheduled board meeting. The
			 retirement board shall take no formal action on the recommendations at the
			 meeting the recommendations are first presented.
(3)
									 No sooner than
			 thirty days after the recommendations are presented to the retirement board,
			 the retirement board shall schedule at least one special meeting, held in
			 accordance with section
			 121.22 of the Revised Code, for
			 the purpose of receiving public comments on the
			 recommendations.
(4)
									 The retirement board shall modify the retirement
			 eligibility criteria only after considering the recommendations and any public
			 comments.
Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-32 - Cost-of-living; base allowance change

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of this rule:
(1) "Base allowance" means the benefit amount
			 due a benefit recipient on the later of July 1, 1979 or the effective date of
			 such benefit, as adjusted pursuant to this rule. A base allowance excludes
			 subsequent allowances for cost-of-living pursuant to section
			 3309.374 of the Revised Code,
			 reimbursements for medicare part "B" pursuant to section
			 3309.69 of the Revised Code, or
			 additional annuity payments pursuant to section
			 3309.47 of the Revised
			 Code.
(2) "Benefit" means a
			 periodic payment under an allowance, pension, or benefit granted under Chapter
			 3309. of the Revised Code, other than an annuity paid under section
			 3309.341 of the Revised
			 Code.
(3) "Benefit amount" means the
			 amount due a benefit recipient on the effective date of such benefit.
(4) "Benefit recipient" means an age and
			 service retirant, disability benefit recipient, or a beneficiary as defined in
			 section 3309.01 of the Revised Code, who
			 is receiving monthly benefits due to the death of a member, age and service
			 retirant or disability benefit recipient.
(5)
									"CPI-W" means the
			 consumer price index for urban wage earners and clerical workers, not
			 seasonally adjusted, U.S. city average, "All items
			 1982-84=100."
Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-33 - Retirement and benefit effective dates

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of this rule, "retirement
			 allowance" refers to a monthly retirement allowance, including an "estimated
			 retirement allowance" as defined in paragraph (A) of rule
			 3309-1-21
			 of the Administrative Code, as well as a lump sum payment made under a plan
			 described in division (B)(4) of section
			 3309.46 of the Revised
			 Code.
(B)
(1)
(a) The
			 effective date of a service retirement under sections
			 3309.34,
			 3309.35,
			 3309.36, and
			 3309.46 of the Revised Code
			 shall be as follows:
The first of the month following the last date of compensated
				service, the first of the month following the date that age and service credit
				eligibility is met, the first of the month after all purchases of service
				credit are completed, or at the date requested by the applicant in writing at
				retirement, whichever is later.
(b) The effective date of a service
			 retirement under section
			 3309.343 of the Revised Code
			 shall be as follows:
The first of the month following the last date of compensated
				service for the position from which the member is retiring, the first of the
				month following the date that age and service credit eligibility is met, the
				first of the month after all purchases of service credit are completed, or at
				the date requested by the applicant in writing at retirement, whichever is
				later.
(c) Notwithstanding
			 any other provision of this rule to the contrary, the effective date of a
			 service retirement under this rule of a member who is an other system retirant
			 as defined in division (A)(2) of section
			 3309.341 of the Revised Code
			 shall not be sooner than the effective date of retirement in the other
			 system.
Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-34 - Combined disability benefits

Current through all regulations passed and filed through July 1, 2024
(A) This rule amplifies section
			 3309.35 of the Revised
			 Code.
(B) As used in this rule:
"Last date of service" means last day of compensated service,
				either for a day worked or used paid leave, under the school employees retirement system, public
				employees retirement system, or state teachers retirement system, whichever is
				latest.
(C) If
			 this system is the paying system and a member of
			 school employees retirement system files an application for a disability
			 benefit pursuant to section
			 3309.39 of the Revised Code and
			 also chooses to apply for a combined disability benefit with the public
			 employees retirement system or the state teachers retirement system, the
			 following shall apply:
(1)
									
									This system  shall request and pay for the
			 examining physician(s) report(s).
(2) Disability shall
			 be determined on the basis of the member's ability to perform the duties for
			 the position held on the member's last date of service. If the member's last
			 date of service is concurrent under two or more systems, disability for
			 performance of duty shall be determined on the basis of the duties for the
			 position with the greater annual compensation or earnable salary at the time of
			 the application.
(3)
									If a disability benefit is granted, this system shall
			 notify the other retirement system(s) of the decision and the member's intent
			 to combine.
Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-36 - Restoration of cancelled SERS service credit

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of section
			 3309.26 of the Revised Code and
			 this rule:
(1) "Contributing service credit"
			 means contributing service credit in this system, the public employees
			 retirement system, the state teachers retirement system, the Ohio police and
			 fire pension fund, or the state highway patrol retirement system.
(2) "Eligible member" means a member of this
			 system who has cancelled service in this system and who has earned at least one
			 and one-half years of contributing service credit subsequent to the withdrawal
			 of contributions and cancellation of service credit in this system.
(3) "Eligible former member" means a former
			 member of this system who has cancelled service in this system, who has earned
			 at least one and one-half years of contributing service credit subsequent to
			 the withdrawal of contributions and cancellation of service credit in this
			 system, and who is not eligible to buy the cancelled service as a member of the
			 Ohio police and fire pension fund, the state highway patrol retirement system,
			 or the city of Cincinnati retirement system.
Ohio Administrative Code › Title 3309 - School Employees Retirement System › Chapter 3309-1 - General Provisions › Section 3309-1-37 - Surviving spouse or dependent may purchase credit

Current through all regulations passed and filed through July 1, 2024
(A)
								For purposes of section
			 3309.451 of the Revised Code and
			 this rule, "dependent" means a "qualified child" or "qualified parent" as those
			 terms are defined in division (B)(2) of section
			 3309.45 of the Revised
			 Code.
(B)
(1)
									A spouse or
			 dependent of a deceased member who wants to purchase service credit pursuant to
			 section 3309.451 of the Revised Code
			 must deliver a written request to purchase service to the school employees
			 retirement system before they receive payment of a benefit under section
			 3309.44 or
			 3309.45 of the Revised
			 Code.
(2)
									Eligibility shall be determined upon receipt of a
			 written request.
(3)
									Service credit shall be purchased in accordance with
			 the laws and policies of the retirement system in effect at the time of
			 purchase.
(4)
									Benefit payments shall commence on the first of the
			 month following the date the purchase of service credit is
			 completed.