Ohio Admin. Code 3307:1-13-02 - Retirement of a member pursuant to section 3307.351 of the Revised Code
(A) For purposes of
section 3307.351 of the Revised Code and
this rule:
(1) "Active position" means a
position a member worked in the month before retirement and for which
contributions were being received by a state retirement system at the time of
retirement pursuant to section
3307.351 of the Revised
Code.
(2) "STRS annual
compensation" means fiscal year earnings plus any unearned amounts covered by
contract for that fiscal year or a consecutive twelve-month period.
(3) "Other retirement system annual
compensation" means a member's annual compensation for an active position as
certified to this system by the public employees retirement system or the
school employees retirement system.
(4) "Highest annual compensation" means the
highest of the STRS annual compensation or the other retirement system annual
compensation for an active position as determined by the paying
system.
(5) "Position" means all
employment with a single employer for which a member is covered and
contributing to the same state retirement system.
(6) "State retirement system" means the state
teachers retirement system, public employees retirement system, or school
employees retirement system.
(7)
"Other retirement system" means the school employees retirement system or
public employees retirement system.
(8) "Continuously held" pursuant to paragraph
(E) of section 3307.351 of the Revised Code and
effective July 1, 2014, means the position held by the member meets both of the
following criteria:
(a) The member was
employed in a position and earned wages with the same employer during the first
month of retirement and in each of the twelve months immediately preceding the
effective date of retirement, where contributions on those wages were remitted
to the same retirement system; and,
(b) The position described in paragraph
(A)(9)(a)
(A)(8)(a) of this rule was not the member's highest
annual compensation at the time of retirement for all positions covered by the
state teachers retirement system, the public employees retirement system or the
school employees 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
3307.351 of the Revised Code,
the member shall:
(a) Apply for a benefit
pursuant to section 3307.57,
3307.58, or
3307.60 of the Revised Code, for
the active position which has the highest STRS annual compensation,
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
3307.57,
3307.58, or
3307.60 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 and the other
retirement systems shall be used except that such total combined service credit
shall not exceed one year of credit for any one year as defined in the statute
governing the system making the calculation.
(D) Employment in any position covered by
this system that begins subsequent to the effective retirement benefit date
under section 3307.351 of the Revised Code
shall be subject to section
3307.35 of the Revised Code, and
rule 3307:1-13-01 of the
Administrative Code.
Notes
Promulgated Under: 111.15
Statutory Authority: 3307.04
Rule Amplifies: 3307.351
Prior Effective Dates: 07/01/2001 (Emer.), 09/17/2001, 07/01/2006, 06/06/2011, 07/01/2013 (Emer.), 09/09/2013, 06/10/2016
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