Bill Title: To require an analysis of each proposed retirement incentive plan for Public Employees Retirement System members and to prohibit a member who participates in such a retirement incentive plan from being re-employed by the same employer.
Spectrum: Moderate Partisan Bill (Republican 8-1)
Status: (Introduced - Dead) 2009-02-18 - To Financial Institutions, Real Estate, & Securities
[HB30 Detail]Download: Ohio-2009-HB30-Introduced.html
As Introduced
128th General Assembly | Regular Session | 2009-2010 |
| |
Cosponsors:
Representatives Adams, J., Morgan, Murray, Bubp, Stebelton, Blair, Boose, Blessing
A BILL
| To amend sections 145.297, 145.298, and 145.38 of the | 1 |
|
Revised Code to require an analysis of each | 2 |
|
proposed retirement incentive plan for Public | 3 |
|
Employees
Retirement System members and to | 4 |
|
prohibit a member
who participates in such a | 5 |
|
retirement incentive
plan from being re-employed | 6 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 145.297, 145.298, and 145.38 of the | 8 |
Revised Code be amended to read as follows: | 9 |
Sec. 145.297. (A) As used in this section, "employing
unit" | 10 |
means: | 11 |
(1) A municipal corporation, agency of a municipal | 12 |
corporation designated by the legislative authority, park | 13 |
district, conservancy district, sanitary district, health | 14 |
district, township,
department of a township designated by the | 15 |
board of township trustees, metropolitan housing authority, public | 16 |
library, county law library, union cemetery, joint hospital, or | 17 |
other political subdivision or unit of local government. | 18 |
(2) With respect to state employees, any entity of the
state | 19 |
including any department, agency, institution of higher
education, | 20 |
board, bureau, commission, council, office, or
administrative body | 21 |
or any part of such entity that is designated
by the entity as an | 22 |
employing unit. | 23 |
(3)(a) With respect to employees of a board of
alcohol, drug | 24 |
addiction, and mental health services, that board. | 25 |
(b) With respect to employees of a county board of mental | 26 |
retardation and developmental disabilities, that board. | 27 |
(c) With respect to other county employees, the county or
any | 28 |
county agency designated by the board of county
commissioners. | 29 |
(4) In the case of an employee whose employing unit is in | 30 |
question, the employing unit is the unit through whose payroll
the | 31 |
employee is paid. | 32 |
(B) AnSubject to division (C) of this section, an employing | 33 |
unit may establish a retirement incentive
plan for its eligible | 34 |
employees. In the case of a county or
county agency, decisions on | 35 |
whether to establish a retirement
incentive plan for any employees | 36 |
other than employees of a board
of alcohol, drug addiction, and | 37 |
mental health services or county
board of mental retardation and | 38 |
developmental disabilities and on
the terms of the plan shall be | 39 |
made by the board of county
commissioners. In the case of a | 40 |
municipal corporation or an
agency of a municipal corporation, | 41 |
decisions on whether to
establish a retirement incentive plan and | 42 |
on the terms of the
plan
shall be made by the legislative | 43 |
authority. | 44 |
All terms of a retirement incentive plan shall be in
writing. | 45 |
A retirement incentive plan shall provide for purchase by
the | 46 |
employing unit of service credit for eligible employees who
elect | 47 |
to participate in the plan and for payment by the employing
unit | 48 |
of the entire cost of the service credit purchased. | 49 |
Every retirement incentive plan shall remain in effect for
at | 50 |
least one year. The employing unit shall give employees at
least | 51 |
thirty days' notice before terminating the plan. | 52 |
Every retirement incentive plan shall include provisions
for | 53 |
the timely and impartial resolution of grievances and
disputes | 54 |
arising under the plan. | 55 |
No employing unit shall have more than one retirement | 56 |
incentive plan in effect at any time. | 57 |
(C)(1) Prior to implementing a retirement incentive plan | 58 |
under this section, the employing unit that proposes to establish | 59 |
the plan shall have the proposed plan analyzed in accordance with | 60 |
division (C)(2) of this section by a state university. | 61 |
The university conducting the analysis shall be determined as | 62 |
follows: | 63 |
(a) If the employing unit is a state agency or, if not a | 64 |
state agency, the employing unit's chief administrative office is | 65 |
located in Delaware,
Fairfield, Fayette, Franklin, Hocking, Knox, | 66 |
Licking, Madison,
Marion, Morrow, Muskingum, Perry, Pickaway, or | 67 |
Union county, a department of the Ohio
state university selected | 68 |
by the university president; | 69 |
(b) If the employing unit is not a state agency and the | 70 |
employing unit's chief administrative office is located in Allen, | 71 |
Crawford, Defiance,
Fulton, Hancock, Hardin, Henry, Lucas, | 72 |
Ottawa, Paulding, Putnam,
Sandusky, Seneca, Van Wert, Williams, | 73 |
Wood, or Wyandot county, a department of the university of Toledo | 74 |
selected by the university president; | 75 |
(c) If the employing unit is not a state agency and the | 76 |
employing unit's chief administrative office is located in | 77 |
Ashland, Ashtabula, Carroll,
Columbiana, Coshocton, Cuyahoga, | 78 |
Erie, Geauga, Harrison, Holmes,
Huron, Jefferson, Lake, Lorain, | 79 |
Mahoning, Medina, Portage,
Richland, Stark, Summit, Trumbull, | 80 |
Tuscarawas, or Wayne county, a department of Cleveland state | 81 |
university
selected by the university president; | 82 |
(d) If the employing unit is not a state agency and the | 83 |
employing unit's chief administrative office is located in Athens, | 84 |
Belmont, Gallia, Guernsey,
Jackson, Lawrence, Meigs, Monroe, | 85 |
Morgan, Noble, Scioto, Vinton,
or Washington county, a department | 86 |
of Ohio university selected
by the university president; | 87 |
(e) If the employing unit is not a state agency and the | 88 |
employing unit's chief administrative office is located in Adams, | 89 |
Auglaize,
Brown, Butler, Champaign, Clark, Clermont, Clinton, | 90 |
Darke, Greene,
Hamilton, Highland, Logan, Mercer, Miami, | 91 |
Montgomery, Pike,
Preble, Ross, Shelby, or Warren county, a | 92 |
department of the university of
Cincinnati
selected by the | 93 |
university president. | 94 |
(2) The analysis shall be completed not later than ninety | 95 |
days
after submission to the university determined under division | 96 |
(C)(1) of this section and shall include both of the following: | 97 |
(a) A cost-benefit analysis of the proposed retirement | 98 |
incentive plan that compares the projected long-term savings of | 99 |
the plan with the projected cost to the employing unit of | 100 |
purchasing the credit for participants; | 101 |
(b) A recommendation, consistent with the findings under | 102 |
division (C)(2)(a) of this section, to the employing unit on the | 103 |
advisability of establishing the retirement incentive plan. | 104 |
(3) The employing unit shall cooperate with the university | 105 |
conducting the analysis to the extent necessary for the university | 106 |
to
complete the analysis. | 107 |
(4) The employing unit is not required to follow the | 108 |
recommendation made under division (C)(2) of this section. | 109 |
(5) Any analysis conducted under this division is a public | 110 |
record. | 111 |
(D) Any classified or unclassified employee of the
employing | 112 |
unit who is a member of the public employees retirement
system | 113 |
shall be eligible to participate in the retirement
incentive plan | 114 |
established by the employee's employing unit
if the employee meets | 115 |
the
following criteria: | 116 |
(1) The employee is not any of the following: | 117 |
(a) An elected official; | 118 |
(b) A member of a board or commission; | 119 |
(c) A person elected to serve a term of fixed length; | 120 |
(d) A person appointed to serve a term of fixed length,
other | 121 |
than a person appointed and employed by the person's
employing | 122 |
unit. | 123 |
(2) The employee is or will be eligible to retire under | 124 |
section 145.32, 145.34, 145.37, or division (A) of section 145.33 | 125 |
of the Revised Code on or before the date of termination of the | 126 |
retirement incentive plan. Service credit to be purchased for
the | 127 |
employee under the retirement incentive plan shall be
included in | 128 |
making such determination. | 129 |
(3) The employee agrees to retire under section 145.32, | 130 |
145.34, 145.37, or division (A) of section 145.33 of the Revised | 131 |
Code within ninety days after receiving notice from the public | 132 |
employees retirement system that service credit has been
purchased | 133 |
for the employee under this section. | 134 |
(4) The employee agrees not to be re-employed by the | 135 |
employing unit for which the retirement incentive plan was | 136 |
established. | 137 |
Participation in the plan shall be available to all
eligible | 138 |
employees except that the employing unit may limit the
number of | 139 |
participants in the plan to a specified percentage of
its | 140 |
employees who are members of the public employees retirement | 141 |
system on the date the plan goes into effect. The percentage
shall | 142 |
not be less than five per cent of such employees. If
participation | 143 |
is limited, employees with more total service
credit
have the | 144 |
right to elect to participate before employees
with less
total | 145 |
service credit. In the case of employees with
the same
total | 146 |
service credit, employees with a greater length of
service
with | 147 |
the employing unit have the right to elect to
participate
before | 148 |
employees with less service with the employing
unit.
Employees | 149 |
with less than eighteen months of service with
the
employing unit | 150 |
have the right to elect to participate only
after
all other | 151 |
eligible employees have been given the
opportunity to
elect to | 152 |
participate. For the purpose of
determining which
employees may | 153 |
participate in a plan, total
service credit includes
service | 154 |
credit purchased by the employee
under this chapter after
the date | 155 |
on which the plan is
established. | 156 |
A retirement incentive plan that limits participation may | 157 |
provide that an employee who does not notify the employing unit
of | 158 |
the employee's decision to participate in the plan within
a | 159 |
specified
period of time will lose priority to participate in the | 160 |
plan
ahead of other employees with less seniority. The time given | 161 |
to
an employee to elect to participate ahead of other employees | 162 |
shall not be less than thirty days after the employee
receives | 163 |
written
notice that the employee may participate in the plan. | 164 |
(D)(E) A retirement incentive plan shall provide for purchase | 165 |
of the same amount of service credit for each participating | 166 |
employee, except that the employer may not purchase more service | 167 |
credit for any employee than the lesser of the following: | 168 |
(1) Five years of service credit; | 169 |
(2) An amount of service credit equal to one-fifth of the | 170 |
total service credited to the participant under this chapter, | 171 |
exclusive
of service
credit
purchased under this section. | 172 |
For each year of service credit purchased under this
section, | 173 |
the employing unit shall pay an amount equal to the
additional | 174 |
liability resulting from the purchase of that year of
service | 175 |
credit, as determined by an actuary employed by the
public | 176 |
employees retirement board. | 177 |
(E)(F) Upon the election by an eligible employee to | 178 |
participate
in the retirement incentive plan, the employee and
the | 179 |
employing
unit shall agree upon a date for payment or
contracting | 180 |
for
payment in installments to the public employees
retirement | 181 |
system
of the cost of the service credit to be
purchased. The | 182 |
employing
unit shall submit to the public
employees retirement | 183 |
system a
written request for a determination
of the cost of the | 184 |
service
credit, and within forty-five days
after receiving the | 185 |
request,
the board shall give the employing
unit written notice of | 186 |
the
cost. | 187 |
The employing unit shall pay or contract to pay in | 188 |
installments the cost of the service credit to be purchased to
the | 189 |
public employees retirement system on the date agreed to by
the | 190 |
employee and the employing unit. The payment shall be made
in | 191 |
accordance with rules adopted by the public employees
retirement | 192 |
board. The rules may provide for payment in
installments and for | 193 |
crediting the purchased credit to the
employee's account upon the | 194 |
employer's contracting to pay the
cost in installments. The board | 195 |
shall notify the member when the
member
is credited with service | 196 |
purchased under this section. If the
employee does not retire | 197 |
within ninety days after receiving
notice that the employee has | 198 |
been credited with the purchased
service
credit, the system shall | 199 |
refund to the employing unit the amount
paid for the service | 200 |
credit. | 201 |
No payment made to the public employees retirement system | 202 |
under this section shall affect any payment required by section | 203 |
145.48 of the Revised Code. | 204 |
(G) An employee who participates in a retirement incentive | 205 |
plan may not be employed after retirement by the employing unit | 206 |
for which the plan was established. | 207 |
Sec. 145.298. (A) As used in this section: | 208 |
(1) "State employing unit" means an employing unit
described | 209 |
in division (A)(2) of section 145.297 of the Revised
Code. | 210 |
(2) "State institution" means a state correctional
facility, | 211 |
a state institution for the mentally ill, or a state
institution | 212 |
for the care, treatment, and training of the mentally
retarded. | 213 |
(B) In the event of a proposal to close a state
institution | 214 |
or lay off, within a six-month period, a number of
persons | 215 |
employed at an institution that equals or exceeds the
lesser of | 216 |
fifty or ten per cent of the persons employed at the
institution, | 217 |
the employing unit responsible for the institution's
operation | 218 |
shall establish a retirement incentive plan for persons
employed | 219 |
at the institution. | 220 |
(C) In the event of a proposal, other than a proposal | 221 |
described in division (B) of this section, to lay off, within a | 222 |
six-month period, a number of employees of a state employing unit | 223 |
that equals or exceeds the lesser of fifty or ten per cent of the | 224 |
employing unit's employees, the employing unit shall establish a | 225 |
retirement incentive plan for employees of the employing unit. | 226 |
(D)(1) A retirement incentive plan established under this | 227 |
section shall be consistent with the requirements of section | 228 |
145.297 of the Revised Code, except as provided in division
(D)(2) | 229 |
of this section and except that the plan shall go into
effect at | 230 |
the time the layoffs or proposed closings are announced
and shall | 231 |
remain in effect until the date of the layoffs or
closings. | 232 |
(2) A retirement incentive plan established under this | 233 |
section
due to the proposed closing of a state institution by the | 234 |
department of mental
health prior to July 1, 1997, shall be | 235 |
consistent with the
requirements of section 145.297 of the Revised | 236 |
Code, except as follows: | 237 |
(a) The employing unit shall purchase at least three years of | 238 |
service credit for each participating employee, except that it | 239 |
shall not
purchase more service credit than the amount allowed by | 240 |
division (D)(E)
of section 145.297 of the Revised Code; | 241 |
(b) The plan shall go into effect at the time the proposed | 242 |
closing is announced and shall remain in effect at least until the | 243 |
date of the
closing. | 244 |
(3) If the employing unit already has a retirement
incentive | 245 |
plan in effect, the plan shall remain in effect at
least until the | 246 |
date of the layoffs or closings. The employing
unit may revise the | 247 |
existing plan to provide greater benefits,
but if it revises the | 248 |
plan, it shall give written notice of the
changes to all employees | 249 |
who have elected to participate in the
original plan, and it shall | 250 |
provide the greater benefits to all
employees who participate in | 251 |
the plan, whether their elections to
participate were made before | 252 |
or after the date of the revision. | 253 |
Sec. 145.38. (A) As used in this section and sections | 254 |
145.381 and
145.384 of the Revised Code: | 255 |
(1)
"PERS retirant" means a former member of the public | 256 |
employees retirement system who is receiving one of the
following: | 257 |
(a) Age and service retirement benefits under section
145.32, | 258 |
145.33, 145.331, 145.34, or 145.46 of the Revised Code; | 259 |
(b) Age and service retirement benefits paid by the public | 260 |
employees retirement system under section 145.37 of the Revised | 261 |
Code; | 262 |
(c) Any benefit paid
under
a
PERS defined
contribution
plan. | 263 |
(2)
"Other system retirant" means both of the following: | 264 |
(a) A member or former member of the Ohio police and
fire | 265 |
pension fund, state teachers retirement system,
school employees | 266 |
retirement system, state highway patrol
retirement system, or | 267 |
Cincinnati retirement system who is
receiving age and service or | 268 |
commuted age and service retirement
benefits or a disability | 269 |
benefit from a system of which the
person is a member or former | 270 |
member; | 271 |
(b) A member or former member of the public employees | 272 |
retirement system who is receiving age and service retirement | 273 |
benefits or a disability benefit under section 145.37 of the | 274 |
Revised Code paid by the school employees retirement system or
the | 275 |
state teachers retirement system. | 276 |
(B)(1) Subject to this section and, section 145.381 of the | 277 |
Revised Code, and division (G) of section 145.297 of the Revised | 278 |
Code, a PERS retirant or other
system retirant may be employed by | 279 |
a public employer. If so
employed, the PERS retirant or other | 280 |
system retirant shall
contribute to the public employees | 281 |
retirement system in
accordance
with section 145.47 of the Revised | 282 |
Code, and the
employer shall
make contributions in accordance with | 283 |
section
145.48 of the
Revised Code. | 284 |
(2) A public employer that employs a PERS retirant or
other | 285 |
system retirant, or enters into a contract for services as
an | 286 |
independent contractor with a PERS retirant,
shall notify the | 287 |
retirement board of the employment or contract not
later than the | 288 |
end of the month in which the employment or contract
commences. | 289 |
Any overpayment of benefits to a PERS retirant by the
retirement | 290 |
system resulting from delay or failure of the employer
to give the | 291 |
notice shall be repaid to the retirement system by
the employer. | 292 |
(3) On receipt of notice from a public employer that a
person | 293 |
who is an other system retirant has been employed, the
retirement | 294 |
system shall notify the retirement system of which the
other | 295 |
system retirant was a member of such employment. | 296 |
(4)(a) A PERS retirant who has received a retirement | 297 |
allowance for less than two months when employment subject to
this | 298 |
section commences shall forfeit the retirement allowance for
any | 299 |
month the PERS retirant is employed prior to the
expiration of the | 300 |
two-month period. Service and contributions for
that period shall | 301 |
not be included in calculation of any benefits
payable to the PERS | 302 |
retirant, and those contributions shall be
refunded on the | 303 |
retirant's death or termination of the
employment. | 304 |
(b) An other system retirant who has received a retirement | 305 |
allowance or disability benefit for less than two
months when | 306 |
employment subject to this section commences shall
forfeit the | 307 |
retirement allowance or disability benefit for any month
the
other | 308 |
system retirant is employed prior to the expiration of the | 309 |
two-month period. Service
and contributions for that period
shall | 310 |
not be included in the
calculation of any benefits payable
to the | 311 |
other system retirant,
and those contributions shall be
refunded | 312 |
on
the retirant's
death or termination of the employment. | 313 |
(c) Contributions made on compensation earned after the | 314 |
expiration of the two-month period shall be used in the | 315 |
calculation of the
benefit or payment due under section 145.384 of | 316 |
the Revised Code. | 317 |
(5) On receipt of notice from the Ohio police and
fire | 318 |
pension fund, school employees retirement
system,
or state | 319 |
teachers retirement system of the re-employment of a
PERS | 320 |
retirant, the public employees retirement system shall not pay,
or | 321 |
if paid, shall recover, the amount to be forfeited by the PERS | 322 |
retirant in accordance with section 742.26, 3307.35,
or 3309.341 | 323 |
of the Revised Code. | 324 |
(6) A PERS retirant who enters into a contract to provide | 325 |
services as an independent contractor to the employer by which
the | 326 |
retirant was employed at the time of retirement or, less
than two | 327 |
months after the retirement allowance commences, begins
providing | 328 |
services as an independent contractor pursuant to a contract with | 329 |
another public employer, shall forfeit the pension portion of
the | 330 |
retirement benefit for the period beginning the first day of the | 331 |
month following the month in which the services begin and ending | 332 |
on the first day of the month following the month in which the | 333 |
services end. The annuity portion of the retirement allowance | 334 |
shall be suspended on the day services under the contract begin | 335 |
and shall accumulate to the credit of the retirant to be paid in
a | 336 |
single payment after services provided under the contract | 337 |
terminate. A PERS retirant subject to division (B)(6) of this | 338 |
section shall not contribute to the retirement system and shall | 339 |
not become a member of the system. | 340 |
(7) As used in this division,
"employment" includes service | 341 |
for which a
PERS retirant or other system retirant, the retirant's | 342 |
employer, or
both, have waived any earnable salary for the | 343 |
service. | 344 |
(C)(1) Except as provided in division (C)(3) of this
section, | 345 |
this division applies to both of the following: | 346 |
(a) A PERS retirant who, prior to September 14, 2000,
was | 347 |
subject to division (C)(1)(b) of this
section as that
division | 348 |
existed immediately prior to September
14, 2000,
and
has not | 349 |
elected
pursuant to Am. Sub. S.B. 144 of the 123rd general | 350 |
assembly to
cease to be subject to
that division; | 351 |
(b) A PERS retirant to whom both of the following apply: | 352 |
(i) The retirant held elective office in this state, or in | 353 |
any municipal corporation, county, or other political subdivision | 354 |
of this
state at the time of retirement under this chapter. | 355 |
(ii) The retirant was elected or appointed to the same
office | 356 |
for the remainder of the term or the term immediately
following | 357 |
the term during which the retirement occurred. | 358 |
(2) A PERS retirant who is subject to this division is a | 359 |
member of the public employees retirement system with all the | 360 |
rights,
privileges, and obligations of membership, except that the | 361 |
membership does
not include survivor benefits provided pursuant to | 362 |
section 145.45 of the
Revised Code or, beginning on the ninetieth | 363 |
day after September 14, 2000, any amount
calculated under section | 364 |
145.401 of the Revised
Code. The pension portion of the PERS | 365 |
retirant's retirement
allowance shall be forfeited until the first | 366 |
day of the first month following
termination of the employment. | 367 |
The annuity portion of the retirement
allowance shall accumulate | 368 |
to the credit of the
PERS retirant to
be paid in a single payment | 369 |
after termination of the employment.
The retirement allowance | 370 |
shall resume on the first day of the
first month following | 371 |
termination of the employment. On
termination of the employment, | 372 |
the PERS retirant shall elect to
receive either a refund of the | 373 |
retirant's contributions to
the retirement
system during the | 374 |
period of employment subject to this section or
a supplemental | 375 |
retirement allowance based on the retirant's
contributions and | 376 |
service credit for that period of employment. | 377 |
(3) This division does not apply to any of the following: | 378 |
(a) A PERS retirant elected to office who, at the time of
the | 379 |
election for the retirant's current term, was not retired but,
not | 380 |
less than ninety days prior to the primary election for the term | 381 |
or the date on which a primary for the term would have been held, | 382 |
filed a written declaration of intent to retire before the end of | 383 |
the term with the director of the board of elections of the county | 384 |
in which
petitions for nomination or election to the office are | 385 |
filed; | 386 |
(b) A PERS retirant elected to office who, at the time of
the | 387 |
election for the retirant's current term, was a retirant and
had | 388 |
been retired for not less than ninety days; | 389 |
(c) A PERS retirant appointed to office who, at the time of | 390 |
appointment to the retirant's current term, notified the person or | 391 |
entity making the appointment that the retirant was already | 392 |
retired or intended to retire before the end of the term. | 393 |
(D)(1) Except as provided in division (C) of this
section,
a | 394 |
PERS
retirant or other system retirant subject to
this section
is | 395 |
not
a member of the public employees
retirement system, and, | 396 |
except as
specified in this section does not
have any of the | 397 |
rights,
privileges, or
obligations of membership. Except as | 398 |
specified in
division
(D)(2) of this
section, the retirant is not | 399 |
eligible to
receive health, medical,
hospital, or surgical | 400 |
benefits under
section 145.58 of the Revised Code for employment | 401 |
subject to this
section. | 402 |
(2) A PERS retirant subject to this
section shall receive | 403 |
primary health, medical,
hospital, or surgical insurance coverage | 404 |
from the retirant's employer, if the
employer provides coverage to | 405 |
other employees performing
comparable work. Neither the employer | 406 |
nor the PERS retirant may
waive the employer's coverage, except | 407 |
that the PERS retirant may
waive the employer's coverage if the | 408 |
retirant has coverage comparable to
that provided by the employer | 409 |
from a source other than the
employer or the public employees | 410 |
retirement system. If a claim
is made, the employer's coverage | 411 |
shall be the primary coverage
and shall pay first. The benefits | 412 |
provided under section 145.58
of the Revised Code shall pay only | 413 |
those medical expenses not
paid through the employer's coverage or | 414 |
coverage the PERS
retirant receives through a source other than | 415 |
the retirement
system. | 416 |
(E) If the disability benefit of an other system retirant | 417 |
employed under this section is terminated, the retirant shall | 418 |
become a member of the public employees retirement system, | 419 |
effective on
the first day of the month next following the | 420 |
termination with
all the rights, privileges, and obligations of | 421 |
membership. If
such person, after the termination of the | 422 |
disability benefit,
earns two years of service credit under this | 423 |
system or under the
Ohio police and fire
pension fund, state | 424 |
teachers
retirement system, school employees retirement system, or | 425 |
state
highway patrol retirement system, the person's prior | 426 |
contributions as an
other system retirant under this section shall | 427 |
be included in the person's
total service credit as a public | 428 |
employees retirement system
member, and the person shall forfeit | 429 |
all rights and benefits of this
section. Not more than one year
of | 430 |
credit may be given for any
period of twelve months. | 431 |
(F) This section does not affect the receipt of benefits
by | 432 |
or
eligibility for benefits of any person who on August 20,
1976, | 433 |
was
receiving a disability benefit or service retirement
pension | 434 |
or
allowance from a state or municipal retirement system
in Ohio | 435 |
and
was a member of any other state or municipal
retirement system | 436 |
of
this state. | 437 |
(G) The public employees retirement board may adopt rules
to | 438 |
carry out this section. | 439 |
Section 2. That existing sections 145.297, 145.298, and | 440 |
145.38 of the Revised Code are hereby repealed. | 441 |