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
Universal Citation: OH Admin Code 145-1-78
Current through all regulations passed and filed through September 16, 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.
(B)
(1)
When a member holds more than one active position in this system, no active
positions in an other retirement system, and is electing to take a retirement
benefit pursuant to section
145.383 of the Revised Code, the
member shall:
(a) Apply for a benefit pursuant
to section 145.32,
145.33,
145.332, or
145.46 of the Revised Code, for
the active position which has the highest PERS annual salary, and,
(b) Select which other active position or
positions upon which the member shall continue to contribute to this
system.
(2) In computing
the benefit described in paragraph (B)(1) of this rule all service credit in
this system shall be used.
(C)
(1)
When a member holds one or more active positions in this system and one or more
active positions in an other retirement system, and the active position which
has the highest annual compensation is in this system, the member shall:
(a) Apply for a benefit pursuant to section
145.32,
145.33,
145.332 or
145.46 of the Revised Code, for
the active position which has the highest annual compensation, and,
(b) Select which other active position or
positions upon which the member shall continue to contribute to this system or
an other retirement system.
(2) In computing the benefit described in
paragraph (C)(1) of this rule all service credit in this system shall be
used.
(D) Employment in any position covered by this system that begins subsequent to the effective retirement benefit date under section 145.383 of the Revised Code shall be subject to section 145.38 or 145.382 of the Revised Code, and rule 145-1-75 of the Administrative Code.
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