Ohio Admin. Code 3309-1-50 - Re-employment restrictions
This rule implements section 3309.341 of the Revised Code and applies to Ohio public service after retirement in circumstances other than those subject to section 3309.343 of the Revised Code and rule 3309-1-58 of the Administrative Code.
(A) For the purpose of this rule
and section 3309.341 of the Revised Code:
(1) "Effective retirement benefit date" means
the date upon which a retirement allowance begins.
(2) "Ohio retirement system" means the school
employees retirement system, state teachers retirement system, public employees
retirement system, Ohio police and fire pension fund,
and state highway patrol retirement
system, and Cincinnati retirement
system.
(3) "Uniformed
retirement system" means the Ohio police and fire pension fund and the state
highway patrol retirement system.
(B)
(1)
Forfeiture of a retirement allowance under section
3309.341 of the Revised Code for
employment in a position covered by another Ohio retirement system shall apply
only to a SERS retirant whose effective retirement benefit date is on or after
September 1, 1991.
(2) A SERS
retirant who has received a retirement allowance for less than two months and
who is employed in a position covered by an Ohio retirement system shall
forfeit such allowance for any month in which he is so employed during the
two-month period after the effective benefit date.
The forfeited allowance shall be the retirement allowance payable under a plan described in division (B)(1) or (B)(3) of section 3309.46 of the Revised Code before any lump sum amount elected pursuant to division (B)(4) of section 3309.46 of the Revised Code.
(3) Notwithstanding
paragraphs (B)(1) and (B)(2) of this rule, the forfeiture provision shall not
apply to a SERS retirant who is employed in a position covered by a uniformed
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)
(a)
Where a member of this system who also has established membership in another
Ohio retirement system or systems is terminating all employment covered by all
systems, and is electing to take a retirement benefit from one or more of the
other systems, as of the effective retirement benefit date, the member shall
elect to:
(i) Apply for a benefit if eligible
pursuant to section 3309.34 or
3309.35 of the Revised Code;
or
(ii) Apply for a refund of
contributions pursuant to section
3309.42 of the Revised
Code.
(b) If as of the
effective retirement benefit date from an Ohio retirement system the member has
sufficient service credit to qualify for a 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 Ohio retirement system or attainment of
eligibility for a benefit in this system.
(2)
(a) A
member of this system who also is a member of an Ohio retirement system and who
has applied for a retirement benefit in the
that system may continue employment in the position covered by this system,
provided that contributions made to this system after the member's effective
retirement benefit date in the Ohio retirement system shall accrue only a
benefit as described in section
3309.344 of the Revised
Code.
(b) If the member has been
continuously employed in such position for at least two months prior to the
effective retirement benefit date in the Ohio retirement system, the member may
make an irrevocable election 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 applied toward the same benefit described in section
3309.344 of the Revised Code. In
the event this election is made, accrual of allowable interest shall not begin
until after the effective retirement benefit date in the other
system.
Notes
Promulgated Under: 111.15
Statutory Authority: 3309.04
Rule Amplifies: 3309.341, 3309.344, 3309.35
Prior Effective Dates: 01/02/1993, 05/02/2001, 05/14/2005, 03/30/2007, 08/13/2015, 05/03/2019
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