2006 Ohio Revised Code - 145.33. Allowance upon age and service retirement.

§ 145.33. Allowance upon age and service retirement.
 

(A)  Except as provided in division (B) or (C) of this section, a member with at least five years of total service credit who has attained age sixty, or who has thirty years of total Ohio service credit, may apply for age and service retirement, which shall consist of: 

(1) An annuity having a reserve equal to the amount of the member's accumulated contributions at that time; 

(2) A pension equal to the annuity provided by division (A)(1) of this section; 

(3) An additional pension, if the member can qualify for prior service, equal to forty dollars multiplied by the number of years, and fraction thereof, of such prior and military service credit; 

(4) A basic annual pension equal to one hundred eighty dollars if the member has ten or more years of total service credit as of October 1, 1956, except that the basic annual pension shall not exceed the sum of the annual benefits provided by divisions (A)(1), (2), and (3) of this section. 

(5) When a member retires on age and service retirement, the member's total annual single lifetime allowance, including the allowances provided in divisions (A)(1), (2), (3), and (4) of this section, shall be not less than a base amount adjusted in accordance with division (A)(5) of this section and determined by multiplying the member's total service credit by the greater of the following: 

(a) Eighty-six dollars; 

(b) Two and two-tenths per cent of the member's final average salary for each of the first thirty years of service plus two and one-half per cent of the member's final average salary for each subsequent year of service. 

The allowance shall be adjusted by the factors of attained age or years of service to provide the greater amount as determined by the following schedule:         
 
             Years of             Percentage
Attained  or Total Service        of
Birthday     Credit               Base Amount
58           25                   75
59           26                   80
60           27                   85
61                                88
             28                   90
62                                91
63                                94
             29                   95
64                                97
65           30 or more           100
 
        Members shall vest the right to a benefit in accordance with the following schedule, based on the member's attained age by September 1, 1976:
 
                                                     Percentage
               Attained                                  of
               Birthday                              Base Amount
                  66                                     102
                  67                                     104
                  68                                     106
                  69                                     108
              70 or more                                 110
 

(6) The total annual single lifetime allowance that a member shall receive under division (A)(5) of this section shall not exceed the lesser of one hundred per cent of the member's final average salary or the limit established by section 415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended. 

(B) (1)  For the purposes of divisions (B) to (G) of this section, "total service credit as a PERS law enforcement officer" and "total service credit as a Hamilton county municipal court bailiff" include credit for military service to the extent permitted by division (E)(2) of this section and credit for service as a police officer or state highway patrol trooper to the extent permitted by divisions (E)(3) and (4) of this section. 

(2) A member who meets the conditions in division (B)(2)(a), (b), (c), or (d) of this section may apply for an age and service retirement benefit under this division: 

(a) The member has attained age forty-eight and has at least twenty-five years of total service credit as a PERS law enforcement officer whose primary duties were to preserve the peace, protect life and property, and enforce the laws in the member's jurisdiction; 

(b) The member has attained age fifty-two, and has at least twenty-five years of total service credit as a PERS law enforcement officer, but the member's primary duties were other than to preserve the peace, protect life and property, and enforce the laws in the member's jurisdiction; 

(c) The member has attained age fifty-two and has at least twenty-five years of total service as a Hamilton county municipal court bailiff; 

(d) The member has attained age sixty-two and has at least fifteen years of total service credit as either of the following: 

(i) A PERS law enforcement officer; 

(ii) A Hamilton county municipal court bailiff. 

(3) A benefit paid under division (B)(2) of this section shall consist of an annual single lifetime allowance equal to the sum of two and one-half per cent of the member's final average salary multiplied by the first twenty-five years of the member's total service plus two and one-tenth per cent of the member's final average salary multiplied by the number of years of the member's total service credit in excess of twenty-five years. 

(4) A member with at least fifteen years of total service credit as a PERS law enforcement officer or Hamilton county municipal court bailiff who voluntarily resigns or is discharged for any reason except death, dishonesty, cowardice, intemperate habits, or conviction of a felony may apply for an age and service retirement benefit, which shall consist of an annual single lifetime allowance equal to one and one-half per cent of the member's final average salary multiplied by the number of years of the member's total service credit. The allowance shall commence on the first day of the calendar month following the month in which the application is filed with the public employees retirement board on or after the attainment by the applicant of age fifty-two. 

(C) (1)  A member with at least twenty-five years of total service credit who would be eligible to retire under division (B)(2)(b) or (c) of this section had the member attained age fifty-two and who voluntarily resigns or is discharged for any reason except death, dishonesty, cowardice, intemperate habits, or conviction of a felony, on or after the date of attaining forty-eight years of age, but before the date of attaining fifty-two years of age, may elect to receive a reduced benefit as determined by the following schedule:       
 
             Attained Age                          Reduced Benefit
                  48                   75% of the benefit payable under
                                      
division (B)(3) of this section
                  49                   80% of the benefit payable under
                                      
division (B)(3) of this section
                  50                   86% of the benefit payable under
                                      
division (B)(3) of this section
                  51                   93% of the benefit payable under
                                      
division (B)(3) of this section
 

(2) If a member elects to receive a reduced benefit after attaining age forty-eight the reduced benefit is payable from the later of the date of the member's most recent birthday or the date the member becomes eligible to receive the reduced benefit. 

(3) Once a member elects to receive a reduced benefit determined by the schedule in division (C)(1) of this section and has received a payment, the member may not reelect to change that election. 

(4) If a member who has resigned or been discharged has left on deposit the member's accumulated contributions in the employees' savings fund and has not elected to receive a reduced benefit determined by the schedule in division (C)(1) of this section, upon attaining fifty-two years of age, the member shall be entitled to receive a benefit computed and paid under division (B)(3) of this section. 

(D)  A benefit paid under division (B) or (C) of this section shall not exceed the lesser of ninety per cent of the member's final average salary or the limit established by section 415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended. 

(E) (1)  A member with service credit as a PERS law enforcement officer or a Hamilton county municipal court bailiff and other service credit under this chapter may elect one of the following: 

(a) To have all the member's service credit under this chapter, including credit for service as a PERS law enforcement officer or Hamilton county municipal court bailiff, used in calculating a retirement allowance under division (A) of this section if the member qualifies for an allowance under that division; 

(b) If the member qualifies for an allowance under division (B) or (C) of this section, to have the member's service credit as a PERS law enforcement officer or Hamilton county municipal court bailiff used in calculating a benefit under the appropriate division and the member's credit for all service other than PERS law enforcement service or service as a Hamilton county municipal court bailiff under this chapter used in calculating a benefit consisting of a single life annuity having a reserve equal to the amount of the member's accumulated contributions and an equal amount of the employer's contributions. 

(2) Notwithstanding sections 145.01 and 145.30 of the Revised Code, no more than four years of military service credit granted under section 145.30 of the Revised Code and five years of military service credit purchased under section 145.301 [145.30.1] or 145.302 [145.30.2] of the Revised Code shall be used in calculating service as a PERS law enforcement officer or Hamilton county municipal court bailiff or the total service credit of that person. 

(3) Only credit for the member's service as a PERS law enforcement officer or service credit obtained as a police officer or state highway patrol trooper shall be used in computing the benefit of a member who qualifies for a benefit under division (B)(2)(a), (b), or (d)(ii) or (4) or division (C) of this section for the following: 

(a) Any person who originally is commissioned and employed as a deputy sheriff by the sheriff of any county, or who originally is elected sheriff, on or after January 1, 1975; 

(b) Any deputy sheriff who originally is employed as a criminal bailiff or court constable on or after April 16, 1993; 

(c) Any person who originally is appointed as a township constable or police officer in a township police department or district on or after January 1, 1981; 

(d) Any person who originally is employed as a county narcotics agent on or after September 26, 1984; 

(e) Any person who originally is employed as an undercover drug agent as defined in section 109.79 of the Revised Code, department of public safety enforcement agent who prior to June 30, 1999, was a liquor control investigator, park officer, forest officer, wildlife officer, state watercraft officer, park district police officer, conservancy district officer, veterans' home police officer, special police officer for a mental health institution, special police officer for an institution for the mentally retarded and developmentally disabled, or municipal police officer on or after December 15, 1988; 

(f) Any person who originally is employed as a state university law enforcement officer on or after November 6, 1996; 

(g) Any person who is originally employed as a state university law enforcement officer by the university of Akron on or after September 16, 1998; 

(h) Any person who originally is employed as a preserve officer on or after March 18, 1999; 

(i) Any person who originally is employed as a natural resources law enforcement staff officer on or after March 18, 1999; 

(j) Any person who is originally employed as a department of public safety enforcement agent on or after June 30, 1999; 

(k) Any person who is originally employed as a house sergeant at arms or assistant house sergeant at arms on or after September 5, 2001; 

(l) Any person who is originally appointed as a regional transit authority police officer or state highway patrol police officer on or after February 1, 2002; 

(m) Any person who is originally employed as a municipal public safety director on or after the effective date of this amendment. 

(4) Only credit for a member's service as a Hamilton county municipal court bailiff or service credit obtained as a PERS law enforcement officer, police officer, or state highway patrol trooper shall be used in computing the benefit of a member who qualifies for a benefit under division (B)(2)(c) or (d)(ii) or (4) or division (C) of this section for any person who originally is employed as a Hamilton county municipal court bailiff on or after November 6, 1996. 

(F)  Retirement allowances determined under this section shall be paid as provided in section 145.46 of the Revised Code. 

(G)  For the purposes of this section, service prior to June 30, 1999, as a food stamp trafficking agent under former section 5502.14 of the Revised Code shall be considered service as a law enforcement officer. 
 

HISTORY: GC § 486-60; 115 v 623, § 29; 117 v 57; 121 v 207; 122 v 192; 124 v 617; Bureau of Code Revision, 10-1-53; 125 v 655 (Eff 10-26-53); 126 v 1047 (Eff 6-29-55); 128 v 157(171) (Eff 8-1-59); 129 v 1714(1728) (Eff 10-27-61); 130 v 135 (Eff 10-14-63); 131 v 154 (Eff 11-13-65); 132 v H 959 (Eff 7-1-68); 134 v H 100 (Eff 12-31-71); 135 v H 430 (Eff 11-20-73); 135 v H 1312 (Eff 3-4-75); 136 v H 268 (Eff 8-20-76); 137 v H 754 (Eff 3-15-79); 138 v H 509 (Eff 12-27-79); 139 v H 548 (Eff 10-8-82); 140 v H 232 (Eff 2-16-84); 140 v S 243 (Eff 9-26-84); 141 v H 502 (Eff 4-24-86); 142 v H 760 (Eff 1-1-89); 142 v H 552 (Eff 12-15-88); 143 v S 240 (Eff 7-1-90); 144 v H 382 (Eff 6-30-91); 144 v S 144 (Eff 8-8-91); 144 v S 124 (Eff 4-16-93); 145 v S 182 (Eff 10-20-94); 146 v H 450 (Eff 10-29-96); 146 v H 379 (Eff 11-6-96); 147 v H 648 (Eff 9-16-98); 147 v S 187 (Eff 3-18-99); 148 v H 163 (Eff 6-30-99); 148 v H 628 (Eff 9-21-2000); 148 v H 416 (Eff 1-1-2001); 148 v H 535 (Eff 4-1-2001); 149 v H 94 (Eff 9-5-2001); 149 v H 158 (Eff 2-1-2002); 149 v H 675. Eff 3-14-2003; 151 v H 66, § 101.01, eff. 9-29-05.
 

The effective date is set by § 612.03 of 151 v H 66. 

 

Effect of Amendments

151 v H 66, effective September 29, 2005, added (E)(3)(m).