Current through all regulations passed and filed through September 16, 2024
(A) As used in this
rule:
(1) "Base compensation" shall mean the
base salary specified by a contract under section
3319.08 of the Revised Code for
employment as a teacher.
(2) "Base
contract daily rate" shall mean the base salary specified by a contract under
section 3319.08 of the Revised Code
divided by the number of days or partial days of service required by that
contract.
(3) "Employer" shall be
as defined by section
3307.01 of the Revised Code.
(4) "Teacher professional
organization" shall mean an organization of teaching professionals that
qualified as an employee organization under the terms of section
4117.01 of the Revised Code.
(B) Service to a
teacher professional organization by a member performing such service in
addition to teaching duty shall constitute teaching service for the purposes of
Chapter 3307. of the Revised Code if employer and employee contributions are
made for each year of such service as specified by this paragraph. Compensation
upon which contributions are based for each year shall include the following
amounts paid for services actually rendered, whether paid or reimbursed in
whole or in part by the employer or the teacher professional organization:
(1) Base compensation.
(2) Amounts paid pursuant to a supplemental
written contract for additional duties unrelated to service to the teacher
professional organization.
(3) If
provided by a collectively bargained agreement between the employer and the
teacher professional organization, amounts paid as compensation for service to
the teacher professional organization, up to a maximum amount calculated by:
(a) Multiplying the base contract daily rate
by;
(b) A number of days
determined by subtracting from two hundred fifty the number of days of service
full-time teachers are required to work under an employer's standard teaching
contracts for each year.
(C) Absence for full-time service to a
teacher professional organization is hereby approved as a reason qualifying
under section 3307.77 of the Revised Code for
purchase of credit or completion of contributions, provided:
(1) The payments described in this paragraph
shall constitute compensation for purposes of this rule, whether paid or
reimbursed in whole or in part by the employer or the teacher professional
organization.
(2) Compensation
upon which contributions are based shall be the base compensation under the
contract in place under section
3319.08 of the Revised Code
between the member and the employer on the thirtieth day of June before service
to the teacher professional organization began, plus compensation under any
supplemental contract in effect on that date, adjusted as follows:
(a) After the first year of absence due to
service to the organization, compensation under such contracts shall be
increased in accordance with the employer's salary schedules, if the schedules
continue to specify a salary for the position or duties; and
(b) Compensation shall also include amounts
actually paid by an employer, a teacher professional organization or either of
them as compensation for service to the organization, if provided by specific
provision of the collectively bargained agreement between the employer and the
teacher professional organization, up to a maximum amount calculated by:
(i) Multiplying the base contract daily rate
as adjusted under paragraph (C)(2)(a) of this rule by;
(ii) A number of days determined by
subtracting from two hundred fifty the number of days of service full-time
teachers are required to work under an employer's standard teaching contract
for each year.
(D) A member is ineligible to contribute,
complete contributions or purchase credit under this rule for any service to a
teacher professional organization that is used in the calculation of any
retirement benefit currently being paid or payable in the future under any
other retirement program, except social security.
(E) To the extent that contributions on
compensation included by this rule are not otherwise included with
contributions transmitted or paid by an employer, the member may request that
contributions be permitted on a form provided by the retirement system and
signed by the member, the teacher professional organization and the employer,
which shall include such information as the retirement system finds necessary.
If an application is approved, contributions shall be transmitted by the
employer in accordance with instructions provided by the retirement system.
Five Year Review (FYR) Dates:
2/15/2018 and
02/15/2023
Promulgated
Under: 111.15
Statutory
Authority: 3307.04
Rule
Amplifies: 3307.01,
3307.24,
3307.77
Prior
Effective Dates: 07/01/2001 (Emer.), 09/17/2001,
07/24/2008
