Ohio Administrative Code
Title 145 - Public Employees Retirement System
Chapter 145-1 - Benefits
Section 145-1-74 - Re-employment restrictions applicable to a member
Universal Citation: OH Admin Code 145-1-74
Current through all regulations passed and filed through September 16, 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.
(B)
(1)
Forfeiture of a retirement allowance under section
145.38 of the Revised Code for
employment in a position covered by another Ohio retirement system shall apply
only to a PERS retirant whose effective retirement benefit date is on or after
September 1, 1991.
(2) A PERS
retirant who has received a retirement allowance for less than two months and
who becomes employed in a position covered by an Ohio retirement system shall
forfeit such allowance for any month in which the PERS retirant is so employed
during the two month period immediately following such retirant's effective
retirement benefit date.
(3)
Notwithstanding paragraphs (B)(1) and (B)(2) of this rule, forfeiture of a
retirement allowance shall not apply to a PERS retirant who is employed in a
position covered by an Ohio retirement system if the retirant was continuously
employed in the position for at least two months prior to the effective
retirement benefit date in this system.
(C)
(1)
(a) Where a member of this system who also
has established membership in another Ohio retirement system or systems is
terminating all employment covered by all the systems, and is electing to take
a retirement benefit from one or more of the other systems as of the effective
retirement benefit date, the member shall elect to:
(i) Apply for a benefit if eligible pursuant
to section 145.32,
145.33,
145.332,
145.37 or
145.46 of the Revised Code or
article IX of the combined or member-directed plan document; or
(ii) Apply for a refund of contributions
pursuant to section 145.40 of the Revised Code or
article VIII of the combined or member-directed plan document.
(b) If, as of the effective
retirement benefit date from an Ohio retirement system the member has
sufficient service credit to qualify for a benefit in this system, the member's
effective retirement benefit date shall be the first of the month following the
later of the member's benefit date in the Ohio retirement system or attainment
of eligibility for a benefit in this system, but not more than ninety days
prior to receipt by the public employees retirement system of the member's
completed retirement application.
(2)
(a) A
member of this system who also is a member of an Ohio retirement system and who
has applied for a retirement benefit in
that system may continue employment in the position covered by this system,
provided that contributions made to this system after the member's effective
retirement benefit date in the Ohio retirement system shall accrue only a
benefit as described in section
145.384 of the Revised
Code.
(b) If the member does not
terminate all employment as described in paragraph (C)(1)(a) of this rule, the
member may, upon termination of all service, elect to apply for a refund of
contributions to this system made prior to the effective retirement benefit
date in the Ohio retirement system.
(c) A member described in paragraph (C)(2)(b)
of this rule may elect, at any time prior to commencement of a benefit under
section 145.384 of the Revised Code, to
have deposited to an additional annuity account described in section
145.62 of the Revised Code the
member's refund amount under paragraph (C)(2)(b) of this rule. The accrual of
allowable interest shall not begin until the additional annuity account is
established.
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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