reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-38 - Purchase of service credit by payroll deduction

Current through all regulations passed and filed through July 1, 2024
(A)
(1) A
			 member of the public employees retirement system who is participating in the
			 traditional pension plan may purchase service credit by post-tax payroll
			 deduction, pursuant to this rule, rule
			 145-2-18
			 of the Administrative Code, section
			 145.20,
			 145.201,
			 145.28,
			 145.291,
			 145.292,
			 145.293,
			 145.301,
			 145.302, or
			 145.31, of the Revised Code, or
			 former section 145.295 or
			 145.2911 of the Revised Code as
			 they existed prior to January 7, 2013.
(2) A member who is participating in the
			 combined plan may purchase service credit by post-tax payroll deduction
			 pursuant to this rule, rule
			 145-3-40
			 of the Administrative Code, section
			 145.20,
			 145.201,
			 145.291,
			 145.292,
			 145.293, or
			 145.302 of the Revised Code,
			 former section 145.295 or
			 145.2911 of the Revised Code as
			 it existed prior to January 7, 2013, or section
			 3.11 or
			 3.12 of the combined plan
			 document.
(3) Under a plan that is
			 in compliance with Internal Revenue Code section 414(h)(2) , a member may
			 complete a purchase of service credit by pre-tax payroll deduction with amounts
			 designated by the member's employer as picked-up contributions which is also
			 known as an irrevocable pre-tax payroll deduction agreement as permitted by
			 paragraph (E)(2) of this rule.
(4)
			 A member may purchase service credit in any combination of lump sum payment,
			 partial payment, or post-tax payroll deductions.
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-39 - Replacement of payments

Current through all regulations passed and filed through July 1, 2024
The public employees retirement system may issue a replacement
				payment for a previously issued payment which has been lost, stolen or
				destroyed if the payee of such payment makes application for a replacement
				payment on a form provided by the retirement system. The replacement payment
				shall not be issued any earlier than five business days
				
				after a stop payment order is made on the previous payment. Any replacement
				payments issued by a third-party administrator shall be issued in accordance
				with the operating policies of the third-party administrator.
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-41 - Membership determination

Current through all regulations passed and filed through July 1, 2024
(A) In making any determination as to whether
			 an individual is a contract employee or independent contractor under section
			 145.036 of the Revised Code, the
			 public employees retirement board shall review, including but not limited to,
			 the elements described in paragraphs (A)(1) and (A)(2) of rule
			 145-1-42
			 of the Administrative Code to determine the degree of
			 control or independence in the relationship between the employer and the
			 employee or contractor based on the facts and circumstances of the
			 relationship.
(B) If the
			 employer fails to request a determination and the retirement board determines
			 the individual should be a member, then the employer shall be liable for
			 employee and employer contributions pursuant to section
			 145.483 of the Revised Code if
			 no deductions have been made.
(C)
			 If the employer fails to request a determination and the retirement board
			 determines the individual shall not be a member, then any employee
			 contributions received prior to the determination are unauthorized and shall be
			 returned to the employer. Any employer contributions shall be credited against
			 future employer liabilities.
(D) A
			 public employer who engages or contracts with a business entity as defined in
			 section 145.037 of the Revised Code is
			 not required to perform the acknowledgment provisions described in section
			 145.038 of the Revised Code with
			 regard to the business entity.
Effective: 1/1/2019
Five Year Review
				(FYR) Dates: 9/29/2020
Promulgated Under:
				111.15
Statutory
				Authority: 145.09
Rule
				Amplifies: 145.01,
				145.012,
				145.036,
				145.037,
				147.038
Prior Effective Dates: 08/31/1992, 09/27/1998, 01/01/2003,
				01/01/2006, 01/07/2013 (Emer.), 03/24/2013,
				01/01/2017
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-42 - Services under a contract

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of
			 
								rule
			 145-1-41
			 of the Administrative Code, the board shall consider the following factors in
			 its determination:
(1) "Contract
			 employee" means an individual who:
(a)
										May be a
			 party to a bilateral agreement which may be a written document, ordinance, or
			 resolution that defines the compensation, rights, obligations, benefits and
			 responsibilities of the individual as an employee;
(b) Is paid earnable salary at a specific
			 periodic rate for services personally performed for the public employer and who
			 appears on the employer's payroll;
(c) Is eligible for workers' compensation or
			 unemployment compensation;
(d) May
			 be eligible for employee fringe benefits such as vacation or sick
			 leave;
(e) Is controlled or
			 supervised by personnel of the public employer as to the manner of work;
(f) Should receive an Internal Revenue
			 Service form W-2 for income tax reporting purposes.
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-43 - Alternative retirement programs

Current through all regulations passed and filed through July 1, 2024
(A) For the purpose of this rule:
(1) "Eligible employee"
			 means an employee as defined in division (C) of section
			 3305.01
			 of the Revised Code for whom this retirement system would be the applicable
			 state retirement system.
(2) "Election period"
			 means
									for an
			 eligible employee who is eligible to make an election under division (B)(2) or
			 (B)(3) of section
			 3305.05
			 of the Revised Code, the one hundred twenty days after the employee's first day
			 on the institution's payroll or, in the case of a part-time employee who is
			 transferred to a full-time position, one hundred twenty days from the first
			 date of full-time employment.
(3) "Employee" means
			  an  eligible
			 employee.
(4) "Institution" means
			 a public institution of higher education as defined in division (A) of section
			 3305.01
			 of the Revised Code.
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-44 - Election workers

Current through all regulations passed and filed through July 1, 2024
As used in section
				145.012 of the Revised Code,
				"election worker" means an individual who performs services as a
				precinct
				election official or voting location manager for the board of elections
				
								for a day
				the election polls are open and training or preparation
				for such service.
Effective: 4/18/2016
Five Year
				Review (FYR) Dates: 09/29/2020
Promulgated Under:
				111.15
Statutory
				Authority: 145.09
Rule
				Amplifies: 145.012
Prior
				Effective Dates: 7/7/13 (Emer.), 9/16/13, 1/21/16
				(Emer.)
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-45 - Retirement deductions during faculty improvement leave

Current through all regulations passed and filed through July 1, 2024
(A) Section
			 3345.28 of the Revised Code
			 provides, in part, that no university faculty member shall suffer a reduction
			 in his regular employee retirement benefits during a professional leave of
			 absence.
(B) During a professional
			 leave the member shall contribute the prevailing member deduction rate applied
			 to the salary he would have received had he been working at the university, on
			 the regular reports of contribution submitted by the university.
(C) The full salary also shall be the base on
			 which the corresponding employer contribution shall be remitted.
Five Year Review (FYR) Dates:
				09/29/2015 and
				09/29/2020
Promulgated
				Under: 111.15
Statutory
				Authority: 145.09
Rule
				Amplifies: 3345.28
Prior
				Effective Dates: 12/31/77, 1/1/03
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-47 - Humane society employment

Current through all regulations passed and filed through July 1, 2024
Employees of humane societies are not eligible for membership
				in the public employees retirement system unless they are employed by and paid
				directly by a public employer.
Five Year Review (FYR) Dates:
				09/29/2015 and
				09/29/2020
Promulgated
				Under: 111.15
Statutory
				Authority: 145.09
Rule
				Amplifies: 145.01
Prior
				Effective Dates: 5/16/40, 9/30/91,
				1/1/03
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-48 - Board and commission members

Current through all regulations passed and filed through July 1, 2024
Membership is required for all appointed
				or elected
				members of boards and commissions who receive salary for their services.
				Members of boards and commissions who serve
				without compensation or remuneration or who only receive
				reimbursement of expenses are not eligible for membership in the
				public employees retirement system.
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-49 - Mental health and developmental disability boards

Current through all regulations passed and filed through July 1, 2024
(A) "648 board"
			 means a county or community mental health and developmental disability board
			 established pursuant to Am. H.B. 648 of the 107th General Assembly.
(1) A 648 board is a public employer as
			 defined in division (D) of section
			 145.01 of the Revised Code.
(2) An employee of a 648 board is
			 a public employee as defined in division (A) of section
			 145.01 of the Revised Code.
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-50 - Firefighters

Current through all regulations passed and filed through July 1, 2024
(A) For the
			 purposes of Chapter 145. of the Revised Code, this rule, and rule
			 145-2-17
			 of the Administrative Code:
(1) "Firefighter"
			 means a person who:
(a) Is employed as a
			 firefighter by a public employer; and
(b) Is hired or appointed, controlled and
			 paid earnable salary and otherwise treated as an employee by the public
			 employer.
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-51 - County agricultural societies

Current through all regulations passed and filed through July 1, 2024
Employees and officials of a county agricultural society are
				not public employees as defined in section
				145.01 of the Revised Code, and
				are not eligible for membership in the public employees retirement system.
Five Year Review (FYR) Dates:
				09/29/2015 and
				09/29/2020
Promulgated
				Under: 111.15
Statutory
				Authority: 145.09
Rule
				Amplifies: 145.01
Prior
				Effective Dates: 1/14/59, 9/30/91,
				1/1/03
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-53 - Payment by fee, commission, stipend or honorarium

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of
			 this rule:
(1) "Fee or commission" means
			 compensation which is a fixed charge or calculated as a percentage of an amount
			 not directly related to work or services performed.
(2) "Stipend" means compensation paid to a
			 student that is not subject to federal income taxation.
(3) "Honorarium" means a nominal payment made
			 for services for which there is no binding legal obligation to pay.
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-55 - Exemption termination

Current through all regulations passed and filed through July 1, 2024
An exemption from membership in the public employees retirement
				system pursuant to section
				145.03 of the Revised Code shall
				be valid only during the current period of employment for the public employer
				by whom a public employee is employed at the time the exemption is approved.
				When the employment is terminated the exemption also terminates. Upon a return
				to public employment either for the former employer or another employer
				membership in the system is mandatory unless the employee may be exempt or
				excluded from membership.
Five Year Review (FYR) Dates:
				09/29/2015 and
				09/29/2020
Promulgated
				Under: 111.15
Statutory
				Authority: 145.09
Rule
				Amplifies: 145.03
Prior
				Effective Dates: 11/13/46, 9/30/91,
				1/1/03
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-61 - Release of names, addresses and individual case information and maintenance of records

Current through all regulations passed and filed through July 1, 2024
(A) The name, account number, address,
			 including electronic mail address, or other individual case information of a
			 member or benefit recipient shall not be released to anyone other than the
			 member or benefit recipient except as provided in this rule.
(B) Except as otherwise provided in section
			 145.27 of the Revised Code, the
			 following individual case information may be released to a third party only
			 upon the written authorization of the member or benefit recipient.
(1) Any part of an individual's personal
			 history record, including but not limited to, any record identifying
			 beneficiary information or an account balance, benefit or allowance paid or
			 payable to that member or benefit recipient or any record identifying the
			 service history or service credit of that member or benefit
			 recipient.
(2) Medical reports and
			 recommendations shall not be released, except that such reports and
			 recommendations shall be made available to a member or benefit recipient's
			 physician, attorney or authorized agent upon the member or benefit recipient's
			 written authorization, and further, may be released to a physician assigned by
			 the public employees retirement system when necessary for the proper
			 administration of the retirement system.
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-62 - Proof of date of birth and legal name change

Current through all regulations passed and filed through July 1, 2024
(A) For the purpose of proving a date of
			 birth, an individual may submit the following documents or certified copies
			 wherein the certifying official indicates that the original bears no alteration
			 or erasure:
(1) A birth certificate;
(2) A parent's affidavit;
(3) A child's birth
			 certificate which states the parent's age or date of birth for proof of the
			 parent's age;
(4) An official hospital record of birth;
(5) A
			 United States census bureau record;
(6) An original United
			 States certificate of citizenship or naturalization
(7) An original
			 United States passport; or
(8) An unexpired
			 state-issued driver's license or identification card.
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-63 - Guardianship and power of attorney

Current through all regulations passed and filed through July 1, 2024
(A) For the purpose of this rule, "recipient"
			 means a member, contributor, retirant, or beneficiary as provided in Chapter
			 145. of the Revised Code.
(B)
			 Unless expressly authorized by Ohio law or as described in this rule, the
			 member or benefit recipient who is not subject to guardianship of the person or
			 estate shall execute all forms and applications under his or her own power and
			 signature, including electronic forms and signatures, and shall personally
			 direct and manage all aspects of his or her account with the public employees
			 retirement system.
(C) Guardianship
			 of estate shall be required to perform any of the following actions on behalf
			 of a person who suffers from a legal disability as defined in division (B) or
			 (D) of section 2131.02 of the Revised Code:
(1) Apply for retirement on behalf of a
			 recipient and only upon providing a court order approving the selection of the
			 retirement plan of payment and beneficiary designation, unless expressly
			 authorized as provided in paragraph (F)(2)(a) of this rule;
(2) Apply for and receive a refund that is in
			 excess of twenty-five thousand dollars (gross) under section
			 145.40 of the Revised Code or
			 article VIII of the member-directed or combined plan document on behalf of a
			 recipient;
(3) Receive benefits
			 that are in excess of twenty-five thousand dollars (gross) annually on behalf
			 of a recipient;
(4) In the case of
			 a qualified child who is eligible for a survivor benefit, only a guardian
			 acting with the court's approval may elect to waive a survivor benefit on
			 behalf of the qualified child; and
(5) Designate a beneficiary, unless expressly
			 authorized as provided in paragraph(F)(2)(c) of this rule.
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-64 - Death of designated beneficiary

Current through all regulations passed and filed through July 1, 2024
(A) This rule applies to a beneficiary
			 designation in which two or more persons are designated as beneficiaries under
			 section 145.384,
			 145.43, or
			 145.65 of the Revised Code,
			 section 13.02 of the combined plan document, or section 11.02 of the
			 member-directed plan document.
(B)
			 The death of a designated beneficiary prior to the death of a contributor shall
			 cancel only the designation of the deceased beneficiary. The percentage of the
			 lump sum payment that would have been paid to the deceased beneficiary shall be
			 apportioned equally to the contributor's remaining designated beneficiaries.
Replaces: 4/6/07(Emer.)
Five Year Review (FYR) Dates:
				09/29/2015 and
				09/29/2020
Promulgated
				Under: 111.15
Statutory
				Authority: 145.09
Rule
				Amplifies: 145.384,
				145.43,
				145.65
Prior
				Effective Dates: 4/6/07 (Emer.),
				7/1/07
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-65 - Interim benefit payment

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of this rule and rules
			 145-1-71
			 and
			 145-1-73
			 of the Administrative Code:
(1) "Finalized
			 retirement benefit" means:
(a) Any monthly
			 benefit amount paid to a benefit recipient pursuant to section
			 145.32,
			 145.33,
			 145.331,
			 145.332,
			 145.35,
			 145.36,
			 145.361,
			 145.37 or
			 145.46 of the Revised Code
			 calculated after the receipt of the final report of retirement contributions
			 upon which the member appears;
(b)
			 Any monthly benefit amount paid to a beneficiary pursuant to section
			 145.45 of the Revised Code
			 calculated after the receipt of the final report of retirement contributions
			 upon which the member appears;
(c)
			 Any monthly benefit amount paid pursuant to section
			 9.03 of the combined plan
			 document calculated after the receipt of the final report of retirement
			 contributions upon which the member appears;
(d) Any monthly annuity paid pursuant to
			 section 9.02 of the combined or
			 member-directed plan documents after the receipt of the final report of
			 retirement contributions upon which the member appears.
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-66 - Forms provided by OPERS

Current through all regulations passed and filed through July 1, 2024
The public employees retirement system
				may provide an electronic medium to perform an action or notice and such medium
				shall constitute a form provided or required by the system.
The system is not required to create an
				electronic medium to take the place of any form or notice, nor accept an
				electronic medium or document that is not designated by the system as the form
				necessary to perform an action or notice.
Effective: 1/1/2017
Five Year Review
				(FYR) Dates: 09/29/2020
Promulgated Under:
				111.15
Statutory
				Authority: 145.09
Rule
				Amplifies: 145.037,
				145.038,
				145.19,
				145.191,
				145.293,
				145.30,
				145.301,
				145.302,
				145.311,
				145.35,
				145.384,
				145.43,
				145.431,
				145.45,
				145.451,
				145.46,
				145.64,
				145.65,
				145.814
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-67 - Monthly benefit payment date

Current through all regulations passed and filed through July 1, 2024
Monthly benefit payments shall be issued by the public
				employees retirement system at the beginning of each month for which due. If a
				benefit recipient dies on or after the first day of a month, the entire benefit
				payment for such month shall still be payable.
Five Year Review (FYR) Dates:
				09/29/2015 and
				09/29/2020
Promulgated
				Under: 111.15
Statutory
				Authority: 145.09,
				145.80
Rule
				Amplifies: 145.23,
				145.33,
				145.331,
				145.332,
				145.36,
				145.361,
				145.37,
				145.384,
				145.45,
				145.46,
				145.81
Prior
				Effective Dates: 2/21/73, 2/1/93, 10/7/01, 1/1/03, 1/1/06, 1/1/09, 1/7/13
				(Emer.), 3/24/13
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-68 - Forfeiture orders under section 145.574 of the Revised Code

Current through all regulations passed and filed through July 1, 2024
For purposes of section
				145.574 of the Revised Code, the
				public employees retirement system shall accept the determination of the court
				under section 2929.194 of the Revised Code in
				determining whether a member's disability was caused by the commission of a
				felony.
Five Year Review (FYR) Dates:
				09/29/2015 and
				09/29/2020
Promulgated
				Under: 111.15
Statutory
				Authority: 145.09
Rule
				Amplifies: 145.574
Prior
				Effective Dates: 7/7/13 (Emer.),
				9/16/13
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-69 - Waiver of benefits by guardian of estate

Current through all regulations passed and filed through July 1, 2024
A waiver pursuant to section
				145.562 of the Revised Code
				shall be made by the beneficiary's guardian of estate and pursuant to a court
				order approving the waiver of benefits under either of the following
				circumstances:
(A) The beneficiary is
			 under eighteen year of age;
(B)
			 The beneficiary is eighteen years of age or older and has a legal disability as
			 defined in division (B), (C), or (D) of section
			 2131.02 of the Revised Code.
Five Year Review (FYR) Dates:
				09/29/2015 and
				09/29/2020
Promulgated
				Under: 111.15
Statutory
				Authority: 145.09
Rule
				Amplifies: 145.562
Prior
				Effective Dates: 3/17/65, 11/2/91, 1/1/03,
				1/1/06
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-70 - Waiver of spousal consent

Current through all regulations passed and filed through July 1, 2024
(A) The public employees retirement board may
			 waive the requirement of spousal consent upon receipt of one of the following:
(1) A written statement of the spouse's
			 physician certifying that the spouse is medically incapable of
			 consent;
(2)
									On a form
			 approved by the board, the affidavits of the contributor and at least two
			 other personsattesting that currently and during the year prior to the
			 contributor's application for benefits the whereabouts of the spouse are
			 unknown.
(3) A court order or
			 orders issued under section
			 3105.171 or
			 3105.65 of the Revised Code or
			 the laws of another state regarding the division of marital property requiring
			 the contributor to designate the maximum amount payable to a joint and survivor
			 beneficiary or beneficiaries.
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-71 - Withdrawal of benefit application

Current through all regulations passed and filed through July 1, 2024
(A) Except as provided in paragraph (F) of
			 this rule, a member or contributor of the public employees retirement system
			 may withdraw an application for retirement, disability, or annuity payments
			 pursuant to section 145.384 or
			 145.64 of the Revised Code by
			 either of the following methods:
(1) Returning
			 to the retirement system not later than thirty days after issuance of the
			 initial benefit payment, all uncashed payments, along with a written request
			 over the member's or retirant's signature to withdraw the
			 application;
(2) Remitting to the
			 retirement system a personal check or money order repaying the benefit
			 payment(s) transmitted by or on behalf of the retirement system to the member's
			 or retirant's financial institution not later than thirty days after the
			 institution's receipt of the initial benefit payment, along with a written
			 request over the member's or retirant's signature to withdraw the
			 application.
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-72 - Division of property orders

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of this rule:
(1) "Order" means an order described in
			 section 3105.81 of the Revised
			 Code.
(2) "Alternate payee,"
			 "benefit," "lump sum payment," and "participant" have the meanings set forth in
			 divisions (A) to (D) of section
			 3105.80 of the Revised
			 Code.
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-73 - Withdrawal of application for refund or money purchase or additional annuity lump sum payments

Current through all regulations passed and filed through July 1, 2024
(A)
(1)
			 Except as provided in paragraph (A)(2), (B), or (E) of this rule, a member or
			 contributor of the public employees retirement system may withdraw a refund
			 application by one or more of the following methods:
(a) Returning all uncashed refund payments to
			 the retirement system not later than thirty days after issuance of the initial
			 payment, along with a written request over the member's or contributor's
			 signature to withdraw the application;
(b) Remitting to the retirement system
			  a personal check or money order repaying
			 the refund payment(s) transmitted by or on behalf of the retirement system to
			 the member's or contributor's financial institution not later than thirty days
			 after the institution's receipt of the refund payment(s), along with a written
			 request over the member's or contributor's signature to withdraw the
			 application.
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-74 - Re-employment restrictions applicable to a member

Current through all regulations passed and filed through July 1, 2024
(A) For the purpose of this rule and section
			 145.38 or
			 145.382 of the Revised Code:
(1) "Effective retirement benefit date" means
			 the date upon which a retirement allowance begins.
(2) "Ohio retirement system" means public
			 employees retirement system, state teachers retirement system, school employees
			 retirement system, Ohio police and fire pension fund, highway patrol retirement
			 system, and Cincinnati retirement system.
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-75 - Re-employment of a retirant

Current through all regulations passed and filed through July 1, 2024
(A) Definitions
For the purpose of this rule and section
				145.362,
				145.37,
				145.38,
				145.382,
				145.384,
				or
				145.385
				of the Revised Code:
(1) "PERS
			 retirant" means any former member of the public employees retirement system who
			 retires as provided in section
			 145.32,
			 145.331,
			 145.332,
			 or
			 145.37
			 of the Revised Code and is receiving a retirement allowance as provided in
			 section
			 145.33,
			 145.331,
			 145.332,
			 or
			 145.46
			 of the Revised Code.
(2) "Combined
			 retirement" means retirement based upon section
			 145.37
			 of the Revised Code.
(3) "A
			 contract to provide services, or for services, as an independent contractor"
			 means an agreement that establishes a relationship in which the individual is
			 an independent contractor and not a public employee.
(4) "Disability benefit recipient" means an
			 individual defined in division (N) of section
			 145.01
			 of the Revised Code.
(5) "Employed"
			 means the relationship between a public employer and an individual who is a
			 public employee rather than an independent contractor.
(6) "Other system retirant" means an
			 individual defined in division (A)(2) of section
			 145.38 of
			 the Revised Code.
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-76 - Benefits payable to a reemployed retirant

Current through all regulations passed and filed through July 1, 2024
(A)
(1)
			 Benefits payable to a PERS or other system retirant pursuant to section
			 145.384 of the Revised Code
			 shall be effective as provided in that section.
(2) Benefits payable to the beneficiary of a
			 PERS or other system retirant shall be effective the first of the month
			 following the retirant's date of death.
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-77 - Reemployment of member-directed or combined plan participant

Current through all regulations passed and filed through July 1, 2024
(A) This rule
			 amplifies sections 145.38 and
			 145.384 of the Revised Code and
			 rules
			 145-1-74
			 to 
								145-1-76 of the Administrative Code.
(B) As used in rule
			 145-1-74
			 of the Administrative Code, "PERS retirant" includes a member or former member
			 of the public employees retirement system who is or has received a payment
			 under article IX of the combined plan document or member-directed plan
			 document, and has not withdrawn the application for retirement pursuant to rule
			 145-1-71
			 of the Administrative Code.
Five Year Review (FYR) Dates:
				09/29/2015 and
				09/29/2020
Promulgated
				Under: 111.15
Statutory
				Authority: 145.09
Rule
				Amplifies: 145.38,
				145.384
Prior
				Effective Dates: 1/1/03, 1/1/06, 1/7/13 (Emer.), 3/24/13, 3/23/15 (Emer.),
				6/6/15
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-78 - Retirement of a member pursuant to section 145.383 of the Revised Code

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of
			 section 145.383 of the Revised Code and
			 this rule:
(1) "Active position" means a
			 position for which contributions were being received by a state retirement
			 system in the month prior
			 to and, for the active postition described in paragraph (B)(1)(b) or (C)(1)(b)
			 of this rule, the month of the member's effective date of
			 retirement.
(2) "PERS annual
			 earnable salary" means a member's earnable salary for each active position
			 reported by a public employer to the public employees retirement system for a
			 calendar year. If a member has held an active position for less than a calendar
			 year this system shall convert the earnable salary to an annual
			 amount.
(3) "Other retirement
			 system annual compensation" means a member's annual compensation for an active
			 position as certified to this system by the state teachers retirement system or
			 the school employees retirement system.
(4) "Highest annual compensation" means the
			 highest of the PERS annual earnable salary or the other retirement system
			 annual compensation for an active position.
(5) "Position" means employment for which a
			 member is covered and contributing to a state retirement system.
(6) "State retirement system" means the
			 public employees retirement system, school employees retirement system or state
			 teachers retirement system.
(7)
			 "Other retirement system" means the school employees retirement system or state
			 teachers retirement system.
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-79 - Reemployment covered by Section 145.381 of the Revised Code

Current through all regulations passed and filed through July 1, 2024
A board, commission, or legislative authority that proposes to
				continue the employment as a reemployed retirant or rehire as a reemployed
				retirant in the same position, a person who is or most recently has been
				employed by a public employer in a position that is customarily filled by a
				vote of members of a board or commission or by the legislative authority of a
				county, municipal corporation, or township, shall certify on a form provided by
				the public employees retirement system that the employer has done both of the
				following:
(A) Not less than sixty
			 days before the employment as a reemployed retirant was to begin, gave public
			 notice that the person is or will be retired and is seeking employment with the
			 public employer;
(B) Between
			 fifteen and thirty days before the employment as a reemployed retirant was to
			 begin and after complying with paragraph (A) of this rule, held a public
			 meeting on the issue of the person being employed by the public employer.
Five Year Review (FYR) Dates:
				09/29/2015 and
				09/29/2020
Promulgated
				Under: 111.15
Statutory
				Authority: 145.09,
				145.381
Rule
				Amplifies: 145.381
Prior
				Effective Dates: 10/23/03 (Emer.), 1/12/04,
				1/1/06
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-80 - Effect of applicant's death on payment plan

Current through all regulations passed and filed through July 1, 2024
(A) If a member has filed an application for
			 retirement pursuant to section
			 145.32,
			 145.33,
			 145.331,
			 
								
									145.332,
								145.37 or
			 145.46 of the Revised Code or
			 article IX of the combined or member-directed plan documents and the member's
			 death occurs subsequent to the effective retirement benefit date, the
			 beneficiary and benefit payable shall be determined by the plan of payment and
			 beneficiary designated by the member on the application for retirement
			 benefits.
(B) If a PERS retirant or
			 other system retirant as defined in section
			 145.38 of the Revised Code, or a
			 retirant described in section
			 145.382, or
			 145.383 of the Revised Code has
			 filed an application for a benefit pursuant to section
			 145.382,
			 145.383 or
			 145.384 of the Revised Code, and
			 the retirant dies subsequent to the effective date of the benefit, the benefit
			 payable to the beneficiary shall be determined by the plan specified by the
			 retirant on the application.
Five Year Review (FYR) Dates:
				09/29/2015 and
				09/29/2020
Promulgated
				Under: 111.15
Statutory
				Authority: 145.09,
				145.38
Rule
				Amplifies: 145.32,
				145.33,
				145.331,
				145.332,
				145.37,
				145.38,
				145.382,
				145.383,
				145.384,
				145.46
Prior
				Effective Dates: 2/15/67, 8/6/90, 2/3/92, 2/1/93, 11/2/00, 3/22/02, 1/1/03,
				6/6/05 (Emer.), 8/11/05, 1/1/09, 1/7/13 (Emer.),
				3/24/13
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-81 - Retirement plans

Current through all regulations passed and filed through July 1, 2024
(A) As used in Chapters 145-1 to 145-4 of the
			 Administrative Code:
(1) "Traditional pension
			 plan" means the PERS defined benefit plan established under sections
			 145.201
			 to
			 145.70
			 of the Revised Code.
(2) "Combined
			 plan" means the PERS combined defined benefit/defined contribution plan
			 established under section
			 145.81
			 of the Revised Code. Unless specifically identified otherwise within the text
			 of the Administrative Code, references to the combined plan document refer to
			 the version that includes amendments adopted through January 1,
			 2022.
(3)
			 "Member-directed plan" means the PERS defined contribution plan established
			 under section
			 145.81
			 of the Revised Code. Unless specifically identified otherwise within the text
			 of the Administrative Code, references to the member-directed plan document
			 refer to the version that includes amendments adopted through January 1,
			 2022.
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-82 - Exceptions to duty to notify

Current through all regulations passed and filed through July 1, 2024
(A) This rule amplifies sections
			 145.16,
			 145.17, and
			 145.171 of the Revised Code.
(B) The public employees
			 retirement system is not required to inform a public employee of the
			 requirements of section
			 145.19 of the Revised Code if
			 either of the following apply:
(1) The public
			 employee fails to file the statement required under section
			 145.16 of the Revised Code.
(2) The head of each department,
			 as defined in section
			 145.01 of the Revised Code,
			 fails to provide the notice required by section
			 145.17 of the Revised Code.
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-83 - Application of USERRA to one hundred eighty-day election period

Current through all regulations passed and filed through July 1, 2024
(A) This rule
			 amplifies section 145.19 and
			 145.191 of the Revised Code.
(B) As used in this rule, "service
			 in the uniformed services" and "uniformed services" have the same meanings as
			 in section 145.302 of the Revised Code.
(C) This rule applies to a member
			 whose service in the uniformed services occurs during the member's one hundred
			 eighty day election period as described in section
			 145.19 or
			 145.191 of the Revised Code.
(D) Upon a member described in
			 paragraph (C) of this rule being reemployed with the same public employer that
			 employed the member prior to the member's service in the uniformed services,
			 the member may, not later than ninety days after the reemployment, apply to the
			 public employees retirement system on a form provided by the system to
			 reestablish all or a portion of the member's one hundred eighty day election
			 period.
(1) On receipt of the application,
			 the system shall request from the public employer that employed the member
			 prior to the military service a certification that the member was employed by
			 the public employer prior to, and returned to employment with the employer
			 within three months of honorable discharge or release from, service in the
			 uniformed services. If the public employer can so certify, the employer shall
			 do so.
(2) The member shall submit
			 to the system report(s) of separation (form DD214) or other satisfactory
			 documentation as evidence of the member's military service.
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-88 - Changes to election to participate

Current through all regulations passed and filed through July 1, 2024
(A) This rule amplifies section
			 145.814
			 of the Revised Code and section 2.03 of the combined and member-directed plan
			 documents.
(B) As used in this rule
			 and rules
			 145-1-89,
			 145-2-18,
			 and
			 145-3-40
			 of the Administrative Code:
(1) "Eligible
			 member" has the same meaning as in section
			 145.814
			 of the Revised Code and includes a member who was not eligible to make an
			 election under section
			 145.19
			 or
			 145.191
			 of the Revised Code due to the member's status as a law enforcement or public
			 safety officer and who is not currently contributing as a law enforcement or
			 public safety officer;
(2) "Amount
			 on deposit" means the sum of the amounts available to a member to purchase
			 service credit in the member's new plan as described in section 6.01 of the
			 combined plan or section 6.01 or 6.02 of the member-directed plan.
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-1 - Benefits › Section 145-1-89 - Transfer of contributions under rule 145-1-88 of the Administrative Code

Current through all regulations passed and filed through July 1, 2024
(A) This rule
			 amplifies section
			 145.814
			 of the Revised Code and sections 2.03 and 2.04 and article VI of the combined
			 and member-directed plan documents.
(B) Except as provided in paragraph (C) of
			 this rule, an eligible member who elects a different plan under rule
			 145-1-88
			 of the Administrative Code may have the amounts on deposit for the prior plan
			 transferred in accordance with the member's new plan if one of the following
			 applies:
(1) The member, by an election under
			 rule
			 145-1-88
			 of the Administrative Code, will cease participation in the member-directed
			 plan and begin participating in the  traditional pension plan;
(2) The member, by an election under rule
			 145-1-88
			 of the Administrative Code, will cease participating in the combined plan and
			 begin participating in the traditional pension plan.
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-2 - Service Credit › Section 145-2-01 - Service credit definitions

Current through all regulations passed and filed through July 1, 2024
(A) For service purchased or restored in the
			 traditional pension plan under sections
			 145.28,
			 145.295,
			 145.2911,
			 145.2913,
			 145.31, and
			 145.311 of the Revised Code,
			 "eighteen months of contributing service credit in the system," means eighteen
			 months of contributing service credit under the traditional pension plan, inclusive of service credit transferred from a prior plan
			 to the traditional pension plan pursuant to rule
			 145-2-18
			 of the Administrative Code.
(B) For purposes of division (H)(1) of
			 section 145.01 of the Revised Code,
			 "contributing service in this system" means contributing service credit under
			 the traditional pension plan.
Five Year Review (FYR) Dates:
				09/29/2016 and
				09/29/2021
Promulgated
				Under: 111.15
Statutory
				Authority: 145.09
Rule
				Amplifies: 145.01,
				145.28,
				145.295,
				145.2911,
				145.2913,
				145.31,
				145.311
Prior
				Effective Dates: 6/19/47, 12/4/89, 10/3/92, 1/1/03, 1/1/09, 1/1/11, 1/7/13
				(Emer.), 3/24/13, 1/1/16
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-2 - Service Credit › Section 145-2-02 - Additional liability for service purchases in the traditional pension plan

Current through all regulations passed and filed through July 1, 2024
(A) This rule
			 amplifies section 145.29 of the Revised
			 Code.
(B) As used in this rule,
			 "service credit" means both of the following:
(1) Service credit that may be purchased or
			 obtained under sections
			 145.20,
			 145.201,
			 145.28,
			 145.291,
			 145.292,
			 145.293,
			 145.299, and
			 145.47 of the Revised Code, as
			 those sections existed on and after January 7, 2013.
(2) Service credit that may be purchased or
			 obtained under section
			 145.814 of the Revised Code or
			 rule
			 145-2-18
			 of the Administrative Code for an election that is effective on
			 or after August 1, 2013, under section 2.03 of the combined or member-directed
			 plan document, as amended on January 7, 2013.
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-2 - Service Credit › Section 145-2-03 - Purchase of workers' compensation service

Current through all regulations passed and filed through July 1, 2024
(A) A
			 member is not eligible to purchase service under section
			 145.2915 of the Revised Code if
			 any of the following circumstances apply:
(1)
			 Service credit for the period of receiving workers compensation was obtained by
			 the member under the version of division (H) of section
			 145.01 of the Revised Code that
			 existed prior to January 7, 2013;
(2) The member is eligible to purchase the
			 service under section
			 145.291 or division (G) of
			 section 145.47 of the Revised
			 Code;
(3) Service credit for the
			 period of receiving workers compensation was obtained under section
			 145.483 of the Revised Code;
(4)
			 The member has not made a redeposit of contributing service pursuant to section
			 145.31 of the Revised Code or
			 rule
			 145-3-22 of the
			 Administrative Code for which a member received a refund of the member's
			 accumulated contributions pursuant to section
			 145.40 of the Revised Code or
			 article VIII of the combined plan document, for any period of contributing
			 service adjacent to the period of receiving workers compensation; or
(5)
			 The member received a benefit from the system for the period of receiving
			 workers compensation.
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-2 - Service Credit › Section 145-2-04 - Purchase of credit pursuant to section 145.293 of the Revised Code

Current through all regulations passed and filed through July 1, 2024
(A) For the purpose
			 of section
			 145.293
			 of the Revised Code "comparable position" means a comparable public position
			 that, if it had been performed for an Ohio public
			 employer, would have been covered by an Ohio
			 state retirement system.
(B) A
			 member shall have 
								at least twelve months of contributing service for
			 purposes of the calculation described in rules
			 145-2-02
			 and
			 145-3-23
			 of the Administrative Code and shall apply for the
			 purchase of service credit on a form provided by the public employees
			 retirement system.
(C)
			 Service credit under section
			 145.293
			 of the Revised Code may be purchased if such credit cannot be purchased in
			 another Ohio state retirement system and will not exceed the limitations of
			 section
			 145.293
			 of the Revised Code.
Ohio Administrative Code › Title 145 - Public Employees Retirement System › Chapter 145-2 - Service Credit › Section 145-2-05 - Free credit for military service

Current through all regulations passed and filed through July 1, 2024
(A) This rule amplifies section
			 145.30 of the Revised
			 Code.
(B) Definitions
(1) "Maintained membership" means any of the
			 following:
(a) The member's contributions
			 remained with the public employees retirement system during the military
			 service;
(b) The member's
			 accumulated contributions before the member's military service were refunded
			 pursuant to section 145.40 of the Revised Code and
			 redeposited pursuant to section
			 145.31 of the Revised Code;
			 or
(c) The member was exempt from
			 membership or not a contributor to the retirement system before the member's
			 military service, but Chapter 145. of the Revised Code authorizes a retroactive
			 payment to establish membership before the member's military service.