Current through all regulations passed and filed through September 16, 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.
(B)
Elective positions
(1) The provisions of
section
145.38 of
the Revised Code, and this rule shall apply to an age and service or other
system retirant who is elected to an office, or is appointed to an elective
office, of the state or its political subdivisions covered by this retirement
system.
(2) The provisions of
section
145.362
of the Revised Code, and these rules shall apply to a disability retirant who
is elected to an office of the state or its political subdivisions covered by
this retirement system.
(C) Employed positions
A PERS retirant who has received a retirement allowance for
less than two months and who becomes employed by a public employer shall
forfeit the retirement allowance for any month in which such retirant is
employed during the two month period immediately following such retirant's
effective retirement benefit date.
(D) Employment by legislative authority
(1) A PERS retirant may be employed
irrespective of the length of time such retirant has received a retirement
benefit:
(a) In a position authorized by
section
101.31,
121.03
or
121.04
of the Revised Code; or
(b) In a
position to which appointment is made by the governor with the advice and
consent of the senate; or
(c) As
the head of a division of a state department.
(2) A retirant described in paragraph (D)(1)
of this rule, upon employment, shall elect in writing to the retirement system
to have such employment covered either by:
(a)
Section
145.38 of
the Revised Code; or
(b) Section
145.382
of the Revised Code and paragraph (D)(3) of this rule.
(3)
(a) A
retirant described in paragraph (D)(1) of this rule who elects to have such
employment covered by section
145.382
of the Revised Code, upon employment, shall become a member of the retirement
system based upon such employment with all obligations and rights except those
pursuant to section
145.45
of the Revised Code, and shall forfeit such retirant's retirement
allowance.
(b) Upon termination of
employment, the retirant shall have a retirement allowance recalculated based
on an allowance described in section
145.33
or
145.46
of the Revised Code utilizing the retirant's original service and service after
retirement covered by section
145.382
of the Revised Code.
(E)
Restoration to service by a disability benefit recipient shall be governed by
section
145.362
of the Revised Code and rule
145-2-22
of the Administrative Code.
(F) Determinations
A retirant or benefit recipient may request a determination
from the retirement system as to the effect on the benefit of the retirant or
recipient of a return to employment or restoration to service covered by
Chapter 145. of the Revised Code, rule
145-2-22
of the Administrative Code, or other employment.
