This rule implements section
3307.35 of the Revised Code and
applies to Ohio public service after retirement in circumstances other than
those subject to section
3307.351 of the Revised Code and
rule
3307:1-13-02
of the Administrative Code.
(A) For
the purpose of this rule and section
3307.35 of the Revised Code:
(1) "Effective retirement benefit date" means
the effective date upon which a retirement allowance or distribution
begins.
(2) "Non-uniformed
retirement system" means the public employees retirement system, the state
teachers retirement system and the school employees retirement
system.
(3) "Ohio retirement
system" means the public employees retirement system, the state teachers
retirement system, the school employees retirement system, the Ohio police and
fire pension fund, the highway patrol retirement system, and the Cincinnati
retirement system.
(4) "Uniformed
retirement system" means the Ohio police and fire pension fund and the highway
patrol retirement system.
(5)
"Alternative retirement plan" means a plan established under Chapter 3305. of
the Revised Code.
(B) In
administering section
3307.35 of the Revised Code, the
following applies:
(1) Forfeiture of a
retirement allowance under section
3307.35 of the Revised Code for
employment in a position covered by another Ohio retirement system or an
alternative retirement plan shall apply only to a state teachers retirement
system retirant granted service retirement under section
3307.57,
3307.58,
3307.59 or
3307.60 of the Revised Code and
to a member granted disability benefits under section
3307.62 of the Revised Code
whose effective service retirement or disability benefit date is on or after
September 1, 1991.
(2) A state
teachers retirement system retirant who has received a service retirement
allowance for less than two months and who becomes employed in a position
covered by an Ohio retirement system or an alternative retirement plan shall
forfeit such allowance for any month in which the retirant is so employed
during the two-month period after the effective retirement benefit date. The
amount of the allowance to be forfeited if such a retirant selected a plan of
payment under division (A) or (B) of section
3307.60 of the Revised Code
shall be the monthly allowance or benefit equal to the single lifetime benefit
described in section 3307.58 of the Revised
Code.
(3) Notwithstanding
paragraphs (B)(1) and (B)(2) of this rule, forfeiture of a retirement allowance
shall not apply to a state teachers retirement system retirant who continues
employment in a position covered by a uniformed Ohio retirement system if the
retirant was continuously employed in the position for at least two months
prior to the effective retirement benefit date in this
system.
(C)
(1)
Where a member of
this system who has also established membership in another Ohio retirement
system or systems or an alternative retirement plan is terminating all
employment covered by all the systems and the alternative retirement plan, and
is electing to take a service retirement benefit from one or more of the other
systems or the alternative retirement plan as of the effective retirement
benefit date, the member shall elect to:
(a)
Apply for a
benefit if eligible pursuant to section
3307.57,
3307.58 or
3307.60 of the Revised Code with
an identical effective date; or
(b)
Apply for a
refund of contributions pursuant to section
3307.56 of the Revised Code;
or
(c)
If, as of the effective retirement benefit date from
another Ohio retirement system, the member has sufficient service credit to
qualify for a service retirement benefit in this system, the effective
retirement benefit date shall be the first of the month following the later of
the benefit date in the other Ohio retirement system or attainment of
eligibility for a service retirement benefit in this system.
(a) Where a member of this system
who has also established membership in another non-uniformed retirement system
or systems or an alternative retirement plan is terminating all employment
covered by all the systems and the alternative retirement plan, and is electing
to take a service retirement benefit from one or more of the other systems or
the alternative retirement plan as of the effective retirement benefit date,
the member shall elect to:
(i) Apply for a benefit if eligible
pursuant to section 3307.57 , 3307.58 or 3307.60 of the Revised Code with an
identical effective date; or
(ii) Apply for a refund of
contributions pursuant to section 3307.56 of the Revised Code;
or
(iii) If, as of the effective
retirement benefit date from a non-uniformed retirement system, the member has
sufficient service credit to qualify for a service retirement benefit in this
system, the effective retirement benefit date shall be the first of the month
following the later of the benefit date in the non-uniformed retirement system
or attainment of eligibility for a service retirement benefit in this
system.
(b) If the member applies for a
benefit as described in paragraph (C)(1)(a)(i) of this rule, the system shall
calculate the benefit with any necessary reduction for concurrent service among
the systems.
(2) Where a member of this system
who has also established membership in a uniformed retirement system or systems
is terminating all employment covered by all the systems and is electing to
take a service retirement benefit from one or more of the other systems as of
the effective retirement benefit date, the member shall elect
to:
(a) Apply for a benefit if eligible
pursuant to section 3307.57 , 3307.58 or 3307.60 of the Revised Code with an
identical effective date;
(b) Apply for a refund of
contributions pursuant to section 3307.56 of the Revised Code;
or
(c) If, as of the effective
retirement benefit date from a uniformed retirement system, the member has
sufficient service credit to qualify for a service retirement benefit in this
system, the effective retirement benefit date shall be the first of the month
following the later of the benefit date in the uniformed retirement system or
attainment of eligibility for a service retirement benefit in this
system.
(3)
(2) A member of this
system who also is a member of a uniformed retirement system and who has
applied for a retirement benefit in the uniformed retirement system may
continue employment without forfeiture under section
3307.35 of the Revised Code in
the position covered by this system, provided that contributions made to this
system after the member's effective retirement benefit date in the uniformed
retirement system shall accrue only a benefit as described in section
3307.352 of the Revised
Code.
(4)
(3) If the member has been continuously employed in a
position covered by this system for at least two months prior to the effective
retirement benefit date in an alternative retirement plan, a uniformed or
non-uniformed retirement system, other than this system, an irrevocable
election may be made on a form provided by this system to have contributions to
this system made prior to the effective retirement benefit date in the other
system or an alternative retirement plan also accrue the same benefit described
in section 3307.352 of the Revised Code. In
the event this election is made, allowable interest shall not begin until the
first of the month after the effective retirement benefit date in the other
system or an alternative retirement plan.
Notes
Ohio Admin. Code
3307:1-13-01
Five Year Review (FYR) Dates:
3/19/2021 and
03/19/2026
Promulgated
Under:
111.15
Statutory Authority:
3307.04
Rule Amplifies:
3307.35
Prior Effective Dates: 06/22/1992 (Emer.), 09/10/1992, 07/01/2001
(Emer.), 09/17/2001, 07/18/2003, 05/24/2004, 05/14/2009, 01/07/2013 (Emer.),
03/24/2013, 06/12/2014, 06/05/2015,
06/07/2019
Effective: 6/7/2019
Five Year Review
(FYR) Dates: 3/23/2021
Promulgated Under:
111.15
Statutory
Authority: 3307.04
Rule
Amplifies: 3307.35
Prior
Effective Dates: 06/22/1992 (Emer.), 09/10/1992, 07/01/2001 (Emer.),
09/17/2001, 07/18/2003, 05/24/2004, 05/14/2009, 01/07/2013 (Emer.), 03/24/2013,
06/12/2014, 06/05/2015