(A) For purposes of
this rule, "retirant" means a "SERS retirant" or "other system retirant" as
defined in section 3309.341 of the Revised Code, or
a member who retired under section
3309.343 of the Revised
Code.
(B) An application for
payment of the accumulated contributions in a member's individual account
pursuant to section
3309.42 of the Revised Code
shall
be signed by the member. If the account balance
exceeds two hundred dollars, the member's signature must be notarized or
witnessed by a SERS counselor.
meet the
following requirements:
(1) The application shall be signed
by the member. If the account balance exceeds two hundred dollars, the member's
signature must be notarized or witnessed by a SERS counselor.
(2) The application of a member who
has worked in a SERS-covered position during the six month period preceding the
application must include an employer certification completed by the employer's
treasurer's office or finance personnel.
(C) An application for a
single life
lump
sum annuity
payment or a return of
contributions pursuant to section
3309.344 of the Revised Code
shall
be signed by the retirant and notarized or
witnessed by a SERS counselor.
meet the
following requirements:
(1) The application shall be signed
by the retirant and notarized or witnessed by a SERS counselor.
(2) The application of a retirant
who has worked in a SERS-covered position during the six month period preceding
the application must include an employer certification completed by the
employer's treasurer's office or finance personnel.
(D)
If the member or
retirant was employed in a SERS-covered position during the six month period
preceding the application, the application shall not be approved until the
employer certifies to the retirement system the member or retirant's last date
of service.
(D)
(E) For purposes of division (A)(2) of section
3309.42 of the Revised Code,
"eligible for age and service retirement" means a member is eligible for
retirement under section
3309.34,
3309.36, or
3309.381 of the Revised Code on
or before the first of the month following the date the application for a
refund is received by the school employees
retirement system.
(E)
(F) The retirement
board waives the requirement of spousal consent in division (A)(2) of section
3309.42 of the Revised Code upon
receipt of one of the following:
(1) The
written statement of the spouse's physician certifying that the spouse is
medically incapable of consent;
(2)
A certified copy of a probate court order appointing a guardian for the spouse
due to a finding of incompetence; or
(3) The
affadavits
affidavits
of the member and at least two other persons, one of whom must be unrelated to
the member, attesting that the whereabouts of the spouse is unknown.
(F)
(G) A member or retirant may withdraw an application
by delivering to the retirement system a signed written
request over the applicant's signature to withdraw the application and as
follows:
(1)
If the
payment was made by check, by returning to the retirement system the warrant
uncashed no later than thirty days from the date the check was
issued.
(2)
If the payment was transmitted by direct deposit to the
member or retirant's financial institution, by remitting to the retirement
system a personal check or money order repaying the amount transmitted no later
than thirty days after the institution's receipt of the
payment.
(3)
If any portion of the payment was distributed as a
direct rollover pursuant to rule
3309-1-53
of the Administrative Code, the retirement plan that received the distribution
must return to the retirement system the amount transferred no later than sixty
days after the transfer.
(4)
If any portion of the payment was paid to satisfy a
court order or was otherwise deducted as required by law, the application may
not be withdrawn as provided in this rule.
(1) If the payment has not been
sent, by delivering a signed written request over the applicant's signature to
withdraw the application to the retirement system, prior to the date the
payment is sent or,
(2) If the payment has been sent, by
returning to the retirement system the warrant uncashed with a signed written
request over the applicant's signature to withdraw the application and, if
applicable, a personal check or money order for any amounts deducted from the
refund amount and disbursed by the retirement system as authorized by law no
later than thirty days after receipt of the check by the member or financial
institution designated by the member.
(3) If the payment was distributed
as a direct rollover pursuant to rule
3309-1-53
of the Administrative Code, by delivering to the retirement system a signed
written request over the applicant's signature to withdraw the application, and
if the retirement plan that received the distribution returns to the retirement
system the full amount transferred not later than sixty days after the
transfer.
Notes
Ohio Admin. Code 3309-1-07
Effective:
5/3/2019
Five Year Review (FYR) Dates:
2/1/2019 and
02/01/2024
Promulgated
Under: 111.15
Statutory
Authority: 3309.04
Rule
Amplifies: 3309.42,
3309.344
Prior
Effective Dates: 12/24/1976, 01/02/1993, 02/11/2000, 05/14/2005, 04/02/2010,
03/30/2015, 08/13/2015, 05/15/2017
