Effective: January 7, 2013
Latest Legislation: Senate Bill 343 - 129th General Assembly
(A) As used in this section, "transferred service credit" means service credit purchased or obtained under section 742.21, 742.214, 742.375, 5505.201, 5505.40, or 5505.41 of the Revised Code prior to the date a member commenced the employment covered by the public employees retirement system for which the member is currently contributing to the system.
(B) A member of the public employees retirement system who has contributions on deposit with, but is no longer contributing to, a uniform retirement system shall, in computing years of service, be given full credit for transferred service credit if a transfer to the public employees retirement system is made under this division. At the request of a member a transfer shall be made if all of the following conditions are met:
(1) The member is eligible, or with the credit will be eligible, for a retirement or disability benefit.
(2) The member agrees to retire or accept a disability benefit not later than ninety days after receiving notice from the public employees retirement system that the credit has been obtained.
(3) For each year of service, the uniform system transfers to the public employees retirement system the sum of the following:
(a) An amount equal to the amounts transferred to the uniform system under section 742.21, 742.214, 742.375, 5505.201, 5505.40, or 5505.41 of the Revised Code;
(b) Interest, determined as provided in division (E) of this section, on the amount specified in division (B)(3)(a) of this section for the period from the last day of the year in which the transfer under section 742.21, 742.214, 742.375, 5505.201, 5505.40, or 5505.41 of the Revised Code was made to the date a transfer is made under this section.
(C) A member of the public employees retirement system with at least eighteen months of contributing service credit with the public employees retirement system who has received a refund of contributions to a uniform retirement system shall, in computing years of service, be given full credit for transferred service credit if all of the following conditions are met:
(1) The member is eligible, or with the credit will be eligible, for a retirement or disability benefit.
(2) The member agrees to retire or accept a disability benefit not later than ninety days after receiving notice from the public employees retirement system that the credit has been obtained.
(3) For each year of service, the public employees retirement system receives the sum of the following:
(a) An amount, which shall be paid by the member, equal to the amount refunded by the uniform system to the member for that year for transferred service credit, with interest on that amount from the date of the refund to the date a payment is made under this section;
(b) Interest, which shall be transferred by the uniform system, on the amount refunded to the member for the period from the last day of the year in which the transfer under section 742.21, 742.214, 742.375, 5505.201, 5505.40, or 5505.41 of the Revised Code was made to the date the refund was made;
(c) If the uniform system retained any portion of the amount transferred under section 742.21, 742.214, 742.375, 5505.201, 5505.40, or 5505.41 of the Revised Code, an amount, which shall be transferred by the uniform system, equal to the amount retained, with interest on that amount for the period from the last day of the year in which the transfer under section 742.21, 742.214, 742.375, 5505.201, 5505.40, or 5505.41 of the Revised Code was made to the date a transfer is made under this section.
On receipt of payment from the member, the public employees retirement system shall notify the uniform system, which, on receipt of the notice, shall make the transfer required by this division. Interest shall be determined as provided in division (E) of this section.
(D) Service credit purchased or obtained under this section shall be considered the equivalent of Ohio service credit. A member may choose to purchase only part of the credit the member is eligible to purchase under division (C) of this section, subject to rules adopted by the public employees retirement board. A member is ineligible to purchase or obtain service credit under this section for service to be used in the calculation of any retirement benefit currently being paid or payable to the member in the future under any other retirement program or for service credit that may be purchased or obtained under section 145.295 of the Revised Code.
(E) Interest charged under this section shall be calculated separately for each year of service credit at the lesser of the actuarial assumption rate for that year of the public employees retirement system or of the uniform retirement system to which the credit was transferred under section 742.21, 742.214, 742.375, 5505.201, 5505.40, or 5505.41 of the Revised Code. The interest shall be compounded annually.
(F) Any amounts transferred or paid under divisions (B) and (C) of this section that are attributable to contributions made by the member or to amounts paid to purchase service credit shall be credited to the employees' savings fund created under section 145.23 of the Revised Code. Any remaining amounts shall be credited to one or more of the funds created under that section as determined by the board.
(G) At the request of the public employees retirement system, the uniform retirement system shall certify to the public employees retirement system a copy of the records of the service and contributions of a public employees retirement system member who seeks service credit under this section. The uniform retirement system shall specify the portions of the amounts transferred that are attributable to employee contributions, employer contributions, and interest.
(H) If a member of the public employees retirement system who is not a current contributor elects to receive service credit under section 742.214 or 5505.41 of the Revised Code for transferred service credit, as defined in those sections, the system shall transfer to the uniform retirement system, as applicable, the amount specified in division (B) or (C) of section 742.214 or division (B) or (C) of section 5505.41 of the Revised Code.
(I) The public employees retirement system shall withdraw the credit and refund all amounts paid or transferred under this section if either of the following occurs:
(1) The member fails to retire or accept a disability benefit not later than ninety days after receiving notice from the public employees retirement system that credit has been obtained under this section.
(2) The member's application for a disability benefit is denied.
(J) The board may adopt rules to implement this section.
Structure Ohio Revised Code
Chapter 145 | Public Employees Retirement System
Section 145.01 | Public Employees Retirement System Definitions.
Section 145.011 | Certain University and College Employees Included.
Section 145.012 | Public Employee Defined.
Section 145.013 | Fireman Electing to Remain in System.
Section 145.014 | Regional Council of Governments Employees.
Section 145.015 | County Historical Society Employee Electing to Remain in System.
Section 145.016 | Credit for Contributing Service.
Section 145.017 | Calculation of Final Average Salary.
Section 145.018 | Conditions for Full Year of Credit.
Section 145.03 | Public Employees Retirement System - Exemption From Compulsory Membership.
Section 145.031 | Exemption Requests by Hamilton County Municipal Court Employees.
Section 145.032 | Exemption Requests by Hamilton County Air Pollution Control Employees.
Section 145.033 | Exemption Requests by Cincinnati Correctional Institute Employees.
Section 145.034 | Exemption Requests by Members Becoming Subject to Social Security Tax.
Section 145.036 | Transmission of List of Independent Contractors; Determination of Status by Board.
Section 145.037 | Request to Be Classified as Public Employee.
Section 145.038 | Acknowledgement of Independent Contractor Status.
Section 145.04 | Public Employees Retirement Board.
Section 145.041 | Orientation Program Required for Members - Continuing Education.
Section 145.042 | Members With Excessive Travel Expenses Ineligible for Another Term.
Section 145.051 | Special Election Where Person Elected Unable to Serve.
Section 145.052 | Board Member Election Unnecessary if Only One Candidate Nominated.
Section 145.054 | Filing of Statements - Prohibited Campaign Activities.
Section 145.055 | Complaint Alleging Violation of Rc 145.054 - Procedure - Fine.
Section 145.057 | Disqualification of Convicted Member - Misconduct in Office - Removal Procedure.
Section 145.07 | Oath of Office - Quorum - Meetings.
Section 145.08 | Reimbursing Expenses of Board Members - Liability Insurance.
Section 145.091 | Administering Defined Benefit and Defined Contribution Plans.
Section 145.092 | Travel Expense Policies - Bonus Policy - Budget.
Section 145.093 | Ethics Policy - Commission Approval - Ethics Training.
Section 145.095 | Selection of Internal Auditor.
Section 145.10 | Legal Adviser.
Section 145.101 | Venue for Court Actions.
Section 145.11 | Investment Powers and Fiduciary Duties of Board.
Section 145.111 | No Board Member or Employee Shall Have an Interest in Board Funds.
Section 145.112 | Prohibited Business Transactions.
Section 145.113 | Restrictions on Fiduciaries.
Section 145.115 | Annual Disclosures to Ohio Ethics Commission.
Section 145.116 | Designation of Ohio-Qualified Investment Managers - Utilization - Annual Report.
Section 145.12 | Certifying Rate Necessary to Pay Employer Contributions.
Section 145.13 | Denomination of Bonds.
Section 145.14 | Percentage of Funds Available for Annuities and Other Payments - Deposit.
Section 145.15 | Employee Information Provided by Each Department.
Section 145.16 | Statement to Be Filed by Employee Member.
Section 145.17 | Department Monthly Statement.
Section 145.171 | Information to New Employees.
Section 145.18 | Records Kept by Department Heads.
Section 145.19 | Electing Defined Benefit or Defined Contribution Plan.
Section 145.192 | Effect of Electing Defined Contribution Plan.
Section 145.193 | Election After Reemployment.
Section 145.195 | Participants in Both Defined Benefit and Defined Contribution Plans.
Section 145.20 | Elective Officials May Become Members of System - Credit for Prior Service.
Section 145.201 | Additional Service Credit Purchased by Elected or Appointed Officials.
Section 145.21 | Individual Accounts for Each Member - Mortality Tables.
Section 145.22 | Actuarial Valuation of Pension Assets, Liabilities, and Funding Requirements.
Section 145.221 | Amortizing Unfunded Actuarial Accrued Pension Liability.
Section 145.23 | Creation of Funds.
Section 145.24 | Inequality of Contributions by Employer.
Section 145.25 | Each Fund Is Separate Legal Entity.
Section 145.26 | Treasurer of State Custodian of Funds.
Section 145.27 | Annual Statement of Funds.
Section 145.28 | Purchase of Service Credit for Period of Self-Exemption.
Section 145.29 | Procedure for Purchasing Credit.
Section 145.291 | Purchasing Service Credit for Time Spent on Pregnancy or Adoption.
Section 145.292 | Credit for Prior Service.
Section 145.293 | Credit for Prior Service - Comparable Public Position.
Section 145.294 | Payroll Deduction Plans.
Section 145.295 | Credit for Service in Uniform Retirement System.
Section 145.296 | Contributions During Disability Leave.
Section 145.297 | Retirement Incentive Plan.
Section 145.298 | Retirement Incentive Plan - Closing of or Layoff at State Institution.
Section 145.299 | Purchasing Credit for Service as School Board Member.
Section 145.2911 | Eligibility for Credit for Service in Cincinnati Retirement System.
Section 145.2912 | Transferring Contributions to Cincinnati Retirement System.
Section 145.2913 | Transferred Service Credit From Uniform Retirement System.
Section 145.2914 | Non-Law Enforcement Service as Law Enforcement Service.
Section 145.2915 | Credit for Work Missed While Receiving Workers' Compensation.
Section 145.2916 | Credit for Salary Increases for Elected Officials.
Section 145.30 | Credit for Military Service.
Section 145.301 | Purchasing Military Service Credit.
Section 145.302 | Purchasing Uniformed Services Credit.
Section 145.31 | Restoring Service Credit.
Section 145.311 | Payroll Deduction Plans - Restoring Sers or Sters Credit.
Section 145.312 | Proceedings on Request for Restoration of Service Credit.
Section 145.32 | Age and Service Retirement.
Section 145.323 | Cost of Living Increase.
Section 145.33 | Allowance Upon Age and Service Retirement.
Section 145.331 | Disability Allowance Recipient Applying for Service Retirement.
Section 145.332 | Determination of Eligibility for Age and Service Retirement.
Section 145.333 | Contribution Based Benefit Cap.
Section 145.334 | Election as Pers Law Enforcement Officer or Public Safety Officer.
Section 145.35 | Providing Disability Coverage for On-Duty Illness or Injury.
Section 145.351 | Annual Report Disability Retirement Experience of Each Employer.
Section 145.36 | Benefits Upon Disability Retirement.
Section 145.361 | Annual Amount of Disability Allowance.
Section 145.362 | Disability Benefit Recipient to Retain Membership Status.
Section 145.363 | Social Security Disability Insurance Benefits.
Section 145.37 | Coordinating and Integrating Membership in State Retirement Systems.
Section 145.38 | Employment of Retirant.
Section 145.381 | Re-Employing Retirant.
Section 145.382 | Employment of Certain Retirants Notwithstanding Restrictions.
Section 145.383 | Continuing Contributions to State System After Retirement.
Section 145.384 | Retirant May Apply for Monthly Annuity or Lump Sum Payment.
Section 145.385 | Reemployed Retirant Electing to Resume Retirement Allowance.
Section 145.39 | Increasing Pension, Benefit, or Allowance When Limits of 26 Usc 415 Are Raised.
Section 145.391 | Establishing and Maintaining Qualified Governmental Excess Benefit Arrangement.
Section 145.40 | Payment to Member Who Ceases to Be a Public Employee.
Section 145.401 | Making Additional Payment Upon Death of Member or Withdrawal of Contributions.
Section 145.402 | Payments to Members Who Are Members of Another State Retirement System.
Section 145.41 | Termination of Membership - Leave of Absence.
Section 145.43 | Designation or Qualification of Beneficiaries.
Section 145.431 | Designation of Beneficiary.
Section 145.45 | Beneficiary May Substitute Other Benefits.
Section 145.451 | Payment of Death Benefit.
Section 145.452 | Continuation of Service Credit Purchase Upon Death of Member.
Section 145.46 | Electing a Plan of Payment.
Section 145.47 | Per Cent of Compensation Required as Contribution - Deductions.
Section 145.471 | Crediting of Interest to Individual Accounts of Contributors.
Section 145.472 | Crediting of Interest on Account Balances of Contributors as of 12-31-98.
Section 145.473 | Interest Rates.
Section 145.48 | Rate of Employer Contribution.
Section 145.483 | Statement of Delinquent Contributions.
Section 145.49 | Calculations of Employee and Employer Contribution Rates Separately.
Section 145.51 | Payments Into Employer's Accumulation Fund.
Section 145.52 | Transitional Liability - Installment Payments.
Section 145.53 | Amounts Credited to Employer Transitional Liability.
Section 145.54 | Annual Estimate of Amount Necessary to Defray Expenses; Transfer of Funds.
Section 145.55 | Members Deemed to Consent to Deductions.
Section 145.56 | Tax Exemptions.
Section 145.561 | Acquiring Vested Right in Pension When Granted.
Section 145.562 | Waiver of Rights.
Section 145.563 | Adjustment for and Recovery of Erroneous Payments.
Section 145.564 | Payroll Deduction of Membership Dues and Fees of Retiree Organizations.
Section 145.57 | Restitution Order Based on Theft in Office or Certain Sex Offenses.
Section 145.571 | Order for Division of Marital Property.
Section 145.572 | Forfeiture of Retirement Benefits Under Rc 2929.192.
Section 145.573 | Benefits Subject to Termination.
Section 145.58 | Group Health Insurance Coverage for Retired Persons and Survivors.
Section 145.581 | Establishing Programs for Long Term Health Care Insurance.
Section 145.582 | Providing Health Care Coverage for Elected Officials Given Erroneous Information.
Section 145.583 | Deposits to Fund Payments Under Plan.
Section 145.584 | Benefits Equivalent to Medicare.
Section 145.62 | Additional Deposits in Employee Savings Fund.
Section 145.63 | Refund of Additional Deposits.
Section 145.64 | Application for Benefit Where Refund Not Received.
Section 145.65 | Payment of Deposits Made by Deceased Contributor.
Section 145.69 | Budgeting Amount Necessary to Pay the State's Obligation as Employer.
Section 145.70 | Payment of Amounts Due Retirement System From Treasury.
Section 145.80 | Rules for Defined Contribution Plans.
Section 145.81 | Establishment and Administration of Defined Contribution Plan.
Section 145.811 | Qualification of Plan as Governmental Plan for Federal Tax Purposes.
Section 145.813 | Maintaining Individual Account for Each Participant.
Section 145.814 | Electing to Participate in Different Plan.
Section 145.82 | Application of Chapter to Defined Contribution Plan.
Section 145.83 | Accumulating Contributions to Pay Medical and Insurance Expenses.
Section 145.85 | Contributions of Members.
Section 145.86 | Contributions of Employers.
Section 145.87 | Transferring Portion of Employer Contribution to Employers' Accumulation Fund.
Section 145.91 | Member Rights Governed by Plan Selected.
Section 145.92 | Spousal Consent or Waiver.
Section 145.95 | Right to Payment or Benefit Vested.
Section 145.97 | Deposits of Members.