Ohio Administrative Code
Title 145 - Public Employees Retirement System
Chapter 145-1 - Benefits
Section 145-1-02 - Election of board members
Universal Citation: OH Admin Code 145-1-02
Current through all regulations passed and filed through September 16, 2024
(A) Notifications
(1) At its regular March meeting in each year
that an election of members to the board is required the public employees
retirement board shall establish an election time schedule. The schedule shall
establish the first Monday in October as the date and place for the election
count to be conducted under the supervision of the secretary of state's office.
(2) This schedule shall include
the release of news articles to interested employee and employer organizations
and other interested parties, a preliminary notice to employers, the mailing of
notice of elections and nominating petitions, the last date for receipt of
nominating petitions and required forms, the date of the meeting at which the
board shall certify candidates for election, the date by which voting materials
must be mailed to eligible voters at their home addresses, and the final date
for receipt of votes.
(B) Nominations
(1) Candidates for board members shall be
nominated by petition on forms provided by the public employees retirement
system.
(2)
(a) Petitions and required forms for
candidates as an employee representative on the board shall be mailed to
employers by the system with the notice of election posters not later than the
thirtieth day of June. At that time petitions and required forms may be sent to
members who have requested them.
(b) Any member, except a member receiving a
disability benefit pursuant to sections
145.35 and
145.36 of the Revised Code, who
is not otherwise ineligible under Chapter 145. of the Revised Code, may be
nominated to represent the employee group to which the member belongs by
submitting petitions that contain at least five hundred valid nominating
signatures. Petitions for an employee representative candidate shall contain
not less than twenty signatures of members from each of at least ten counties
in Ohio. The member's place of employment shall determine the county for such
member.
(c) Members shall be
eligible to sign a petition for an employee representative candidate if they
are contributing members under an employing unit which would be represented by
the candidate as of June thirtieth of the election year.
(3)
(a) A
notice of election procedures shall be sent to retirants at their home
addresses of record with, or at the same time that, the June benefit payment is
released in the year of a retirant representative election. Petitions and
required forms for candidates as the retirant representative board member shall
be sent, to retirants who have requested them, on the date set by the board
pursuant to paragraph (A) of this rule; however, such date shall be no later
than June thirtieth.
(b) Any
retirant, who is not otherwise ineligible under Chapter 145. of the Revised
Code, may be nominated to represent the retirant group with petitions which
contain at least two hundred fifty valid nominating signatures. Petitions for a
retirant representative candidate shall contain not less than ten signatures of
retirants from each of at least five counties in Ohio. The retirant's place of
residence shall determine the county of such retirant.
(c) Individuals shall be eligible to sign a
petition for a retirant representative candidate if they are retirants eligible
to receive a monthly benefit as of July first of the election year.
(4)
(a) Petitions and completed required forms
for a candidate shall be received by the system no later than the petition
filing date established by the board in the election time schedule. A petition
received after such date is invalid.
(b) Petition signatures shall be verified
based on records of the retirement system and the requirements of Chapter 145.
of the Revised Code. Signatures that cannot be conclusively verified shall not
be counted.
(c) The board shall
certify qualified candidates for election. A qualified candidate is an
individual who meets the requirements of Chapter 145. of the Revised Code and
this rule as established by the records of the system. Based on the
certification, the names of qualified candidates shall be placed on the ballot
for election.
(C) Voting
(1) The board may conduct an election by
paper ballots or through electronic methods.
(2)
(a)
Voting materials for each voting member or retirant of the system shall include
a list of candidates, a biographical statement for each candidate, voting
instructions, a disclaimer that neither the board nor the system endorses any
particular candidate or statement, and any other materials the board deems
necessary.
(b)
(i) The biographical statement of a candidate
shall be completed on a template provided by the system. The
template shall provide for the
candidate's name
and county of residence,
and may include an email address, website address, and
telephone number. The employee representative candidate(s) shall also indicate
the current public employer and job title.
The biographical statement of a candidate shall include a brief description of current or prior work and relevant industry knowledge or specific experience. The biographical statement shall not exceed two hundred words. The candidate must provide an affidavit signed by the candidate verifying the accuracy and truthfulness of the statement. The board reserves the right to edit such statement for length or inappropriate content with notice to the candidate.
(ii) In addition, a candidate must provide a
disclaimer on or with any written or spoken campaign material that neither the
board nor the system endorses any particular candidate or statement, and submit
such materials to staff to pre-approve the disclaimer prior to disseminating.
(3) If a
candidate is elected by a margin of less than one percent of the votes cast, a
recount will automatically be conducted.
(4) In the event there is a tie vote, the
vote shall be decided by a coin toss. Certification of the election results
shall be provided by the secretary of state at the office of the system.
(D) Protests
(1)
(a) An
individual who fails to obtain sufficient valid nominating signatures by the
petition filing date may file a protest on the insufficiency of such
individual's petitions. The protest shall be in writing and received by the
system no later than five calendar days after notice of the insufficiency.
(b) A protest shall be heard at
the board's next meeting. The individual may be represented by legal counsel at
the hearing and may present any information and/or documents relevant to the
protest for the board's consideration. The executive director shall notify the
individual in writing of the board's decision. If the board determines that the
protest is valid, it shall certify the individual for that representative group
election.
(c) Once the board makes
a determination of a protest on the sufficiency of an individual's petitions,
neither the insufficiency nor determination shall be the basis for any other
protest to the board pertaining to that individual. The board's decision is
final.
(2)
(a) An unsuccessful candidate in an election
may file a protest in the candidate's representative group election. This
protest shall be in writing and received by the system no later than five
calendar days after notice of the unofficial election results.
(b) A protest shall be heard at the board's
next meeting.
(i) The protesting candidate
may be represented by legal counsel at the hearing. The successful candidate
may appear, and may be represented by legal counsel. The protesting candidate
and the successful candidate may submit any information and/or documents
relevant to the protest for the board's consideration.
(ii) The executive director shall notify the
protesting candidate in writing of the board's decision.
(iii) If the board determines that the
protest is valid, it shall declare the election for that representative group
void, and the position vacant. A new election for that representative group
shall be held pursuant to division (C) of section
145.06 of the Revised Code. The
board's decision is final.
(E) Vacancies
(1) Except as provided in this paragraph, if
a vacancy occurs in the term of an employee member or retirant member of the
board, the remaining retirement board members shall determine the schedule and
manner in which they will select a successor member. The board is not required
to elect a successor member for a vacancy that occurs on or after the first day
of October of the year in which the vacated term ends, as described in section
145.06 of the Revised Code.
(a) The board shall notify the membership or
retirant group affected by the vacancy in the same manner as is done for
elections of retirement board members. This notice shall state the procedure
for candidates for the vacancy to submit their names to the board, and the
procedures for selection by the board of the candidate to fill the vacancy.
Candidates shall qualify under the same eligibility requirements as the
predecessor in office.
(b) The
board shall select a successor member from those names submitted to it. A
successor member shall be selected by a majority vote in which successive
ballots shall occur until one candidate receives a majority. However, in the
event there is a tie vote, the vote shall be decided by a coin toss.
(2) If a vacancy occurs because an
individual is unable to assume the office at the January meeting of the board
following the individual's election, the board shall conduct a new election as
provided in this rule, except that the time schedule for the election shall
occur in order to comply with section
145.06 of the Revised Code.
(3) All documents regarding
filling the vacancy, including resumes and forms required by the system, shall
be made available to any person upon request and payment of the costs of
compiling, copying, and mailing the documents.
Five Year Review (FYR) Dates:
9/21/2017 and
09/21/2022
Promulgated
Under: 119.03
Statutory
Authority: 145.09,
145.058
Rule
Amplifies: 145.04,
145.05,
145.051,
145.058,
145.06,
145.27
Prior
Effective Dates: 5/16/73, 6/9/78, 3/17/89, 6/1/96, 5/31/97, 1/5/01, 10/7/01,
6/20/03, 4/10/05, 11/30/07, 5/27/10,
12/10/12
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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