(A) Definitions
For the purpose of this rule and section
145.362,
145.37,
145.38,
145.382,
145.384, or
145.385 of the Revised
Code:
(1) "PERS retirant" means any
former member of the public employees retirement system who retires as provided
in section 145.32,
145.331,
145.332, or
145.37 of the Revised Code and
is receiving a retirement allowance as provided in section
145.33,
145.331,
145.332, 145.335, or
145.46 of the Revised
Code.
(2) "Combined retirement"
means retirement based upon section
145.37 of the Revised
Code.
(3) "A contract to provide
services, or for services, as an independent contractor" means an agreement
that establishes a relationship in which the individual is an independent
contractor and not a public employee.
(4) "Disability benefit recipient" means an
individual defined in division (N) of section
145.01 of the Revised
Code.
(5) "Employed" means the
relationship between a public employer and an individual who is a public
employee rather than an independent contractor.
(6) "Other system retirant" means an
individual defined in division (A)(2) of section
145.38 of the Revised
Code.
(B) Elective
positions
(1) The provisions of section
145.38 of the Revised Code, and
this rule shall apply to an age and service or other system retirant who is
elected to an office, or is appointed to an elective office, of the state or
its political subdivisions covered by this retirement system.
(2) The provisions of section
145.362 of the Revised Code, and
these rules shall apply to a disability retirant who is elected to an office of
the state or its political subdivisions covered by this retirement
system.
(C) Employed
positions
A PERS retirant who has received a retirement allowance for
less than two months and who becomes employed by a public employer shall
forfeit the retirement allowance for any month in which such retirant is
employed during the two month period immediately following such retirant's
effective retirement benefit date.
(D) Employment by legislative authority
(1) A PERS retirant may be employed
irrespective of the length of time such retirant has received a retirement
benefit:
(a) In a position authorized by
section 101.31,
121.03 or
121.04 of the Revised Code;
or
(b) In a position to which
appointment is made by the governor with the advice and consent of the senate;
or
(c) As the head of a division of
a state department.
(2) A
retirant described in paragraph (D)(1) of this rule, upon employment, shall
elect in writing to the retirement system to have such employment covered
either by:
(a) Section
145.38 of the Revised Code;
or
(b) Section
145.382 of the Revised Code and
paragraph (D)(3) of this rule.
(3)
(a) A
retirant described in paragraph (D)(1) of this rule who elects to have such
employment covered by section
145.382 of the Revised Code,
upon employment, shall become a member of the retirement system based upon such
employment with all obligations and rights except those pursuant to section
145.45 of the Revised Code, and
shall forfeit such retirant's retirement allowance.
(b) Upon termination of employment, the
retirant shall have a retirement allowance recalculated based on an allowance
described in section 145.33 or
145.46 of the Revised Code
utilizing the retirant's original service and service after retirement covered
by section 145.382 of the Revised
Code.
(E)
Restoration to service by a disability benefit recipient shall be governed by
section
145.362 of the Revised Code and
rule
145-2-22 of the Administrative
Code.
(F) Determinations
A retirant or benefit recipient may request a determination
from the retirement system as to the effect on the benefit of the retirant or
recipient of a return to employment or restoration to service covered by
Chapter 145. of the Revised Code, rule
145-2-22 of the Administrative
Code, or other employment.
Notes
Ohio Admin. Code
145-1-75
Effective:
1/1/2025
Five Year Review (FYR) Dates:
9/25/2025
Promulgated Under:
111.15
Statutory
Authority: 145.09,
145.38
Rule
Amplifies: 145.362,
145.37,
145.38,
145.382
Prior
Effective Dates: 02/19/1960, 09/06/1988, 08/01/1992, 02/01/1993, 03/17/1994,
01/31/1998, 08/01/1998, 04/05/2001, 02/14/2002, 01/01/2003, 01/01/2006,
01/01/2007, 01/01/2009, 07/11/2009, 01/07/2013 (Emer.), 03/24/2013, 05/08/2014,
11/06/2014, 01/01/2016, 01/01/2022
