Ohio Admin. Code 145-2-49 - Retirement benefits for law enforcement officers

(A) Definitions

(1) "Law enforcement officer" means a member described in division (YY) of section 145.01 of the Revised Code.

(2) "Law enforcement service" means service as a law enforcement officer or public safety officer.

(3) "Non-law enforcement service" means service covered by the public employees retirement system that is other than law enforcement service.

(4) "Public safety officer" means a member described in division (AAA) of section 145.01 of the Revised Code.

(B) If a law enforcement or public safety officer is eligible, applies for, and elects to receive retirement benefits pursuant to division (I)(2) or (I)(3) of section 145.332 of the Revised Code, the law enforcement or public safety officer shall elect to receive the benefit amount for the non-law enforcement service as provided in that section. one of the following, subject to the limitation described in division (N) of that section:If the monthly annuity would be less than twenty-five dollars per month, the law enforcement or public safety officer shall receive a lump sum payment. If, at the time of the retirant's death, the retirant has received a total amount of monthly benefits that were less than the retirant would have received as a lump sum payment discounted to the present value of the non-law enforcement service benefit, the difference between the amount the retirant received and the amount the retirant would have received shall be paid to the retirant's beneficiary in a lump sum payment.

(1) For a member who has law enforcement service and non-law enforcement service prior to March 22, 2019, either a monthly benefit as provided in division (I)(2)(b) and (c) or (I)(3)(b) and (c) of section 145.332 of the Revised Code or a lump sum payment discounted to the present value of the non-law enforcement service benefit.

(2) For a member who is not described in paragraph (B)(1) of this rule, either a monthly benefit as provided in division (I)(2)(b) and (c) or (I)(3)(b) and (c) of section 145.332 of the Revised Code or an amount determined under section 145.40 of the Revised Code as a refund of accumulated contributions for the non-law enforcement service.

(C) If, at the time of the retirant's death, the retirant has received a total amount of monthly benefits that were less than the retirant would have received as described paragraph (B) of this rule, the difference between the amount the retirant received and the amount the retirant would have received shall be paid to the retirant's beneficiary in a one-time payment,

Notes

Ohio Admin. Code 145-2-49

Five Year Review (FYR) Dates: 9/30/2021 and 09/30/2026
Promulgated Under: 111.15
Statutory Authority: 145.09
Rule Amplifies: 145.332
Prior Effective Dates: 08/20/1976, 07/31/1989, 12/30/1991, 12/06/1993, 02/03/2000, 04/05/2001, 01/01/2003, 01/01/2006, 01/01/2007, 01/01/2010, 01/07/2013 (Emer.), 03/24/2013, 09/01/2017, 05/20/2019

Effective: 5/20/2019
Five Year Review (FYR) Dates: 9/9/2021
Promulgated Under: 111.15
Statutory Authority: 145.09
Rule Amplifies: 145.332
Prior Effective Dates: 08/20/1976, 07/31/1989, 12/30/1991, 12/06/1993, 02/03/2000, 04/05/2001, 01/01/2003, 01/01/2006, 01/01/2007, 01/01/2010, 01/07/2013 (Emer.), 03/24/2013, 09/01/2017