2006 Ohio Revised Code - 3307.79. Presumption as to years of service credit of deceased member; survivor may purchase credit.
(A) A member whose death occurred prior to July 1, 1973, who at the time of death had more than thirty-four but less than thirty-five years of service credit shall be presumed to have completed thirty-five years of such credit. Any member whose death occurred on or after July 1, 1973, but prior to August 20, 1976, and who at the time of death had more than thirty-one but less than thirty-two years of service credit shall be presumed to have completed thirty-two years of such credit. Any member participating in the plan described in sections 3307.50 to 3307.79 of the Revised Code whose death occurs on or after August 20, 1976, and who at the time of death has more than twenty-nine but less than thirty years of service credit shall be presumed to have completed thirty years of such credit.
(B) On the death of a member who is participating in the plan described in
sections 3307.50 to
3307.79 of the Revised Code prior to service retirement, the surviving spouse or dependents of the deceased member shall have the right to purchase any service credit the member, had the member not died, would have been eligible to purchase pursuant to sections 3307.71, 3307.72, 3307.73, 3307.74, 3307.741 [3307.74.1], 3307.751 [3307.75.1], 3307.752 [3307.75.2], 3307.76, 3307.761 [3307.76.1], 3307.763 [3307.76.3], 3307.77, and 3307.771 [3307.77.1] of the Revised Code upon the same terms and conditions which the deceased member could have purchased such service credit had the deceased member not died. Any service credit purchased under this section shall be applied under the provisions of this chapter in the same manner as it would have been applied had it been purchased by the deceased member during the deceased member's lifetime.
HISTORY: RC § 3307.38.3, 136 v H 268 (Eff 8-20-76); 140 v S 194 (Eff 10-5-83); 144 v H 123 (Eff 11-20-91); 146 v H 450 (Eff 10-29-96); 147 v H 648 (Eff 9-16-98); RC § 3307.79, 148 v S 190 (Eff 7-13-2000); 148 v H 535. Eff 4-1-2001.
The effective date is set by section 13(A) of HB 535.
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