2006 Ohio Revised Code - 3309.36. Allowances upon service retirement.
§ 3309.36. Allowances upon service retirement.
(A) A member retiring on service retirement shall be granted a retirement allowance consisting of the lesser of the sum of the following amounts 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:
(1) An annuity having a reserve equal to the amount of the employee's accumulated contributions at that time;
(2) A pension of equivalent amount;
(3) An additional pension of forty dollars multiplied by the number of years of such prior service credit;
(4) For members who have ten or more years of service credit accumulated prior to October 1, 1956, a basic annual pension equal to one hundred eighty dollars, except that such basic annual pension shall not exceed the sum of the total annual benefits provided by divisions (A)(1), (2), and (3) of this section.
(B) (1) When a member retires on service retirement, the member's allowance when computed as an annual single lifetime allowance as provided in divisions (A)(1), (2), (3), and (4) of this section and section 3309.38 of the Revised Code, based upon attained age sixty-five or thirty years of total service credit, shall be not less than the greater of the amounts determined by multiplying the member's total service credit by 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 credit or fraction thereof plus two and one-half per cent of the member's final average salary for each subsequent year of service credit or fraction thereof. (2) The annual single lifetime allowance determined under division (B)(1) of this section shall be adjusted by the greater percentage shown in the following schedule opposite the member's attained age or years of Ohio service credit:
Attained or
Age Years of
Ohio
Service
Credit
Percent
of 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:
Attained
Age Per Cent
of
Base
Amount
66 102
67 104
68 106
69 108
70 or more 110
(3) The annual single lifetime allowance which a retirant shall receive under this division 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.
(C) Retirement allowances determined under this section shall be paid as provided in
section 3309.46 of the Revised Code.
HISTORY: GC § 7896-100; 117 v 122(134), § 37; 121 v 207(235); 122 v 210(224); 124 v 617(656); Bureau of Code Revision, 10-1-53; 125 v 622; 126 v 1047(1086); 128 v 157(215) (Eff 8-1-59); 130 v 727 (Eff 10-14-63); 131 v 744 (Eff 11-13-65); 131 v H 959 (Eff 7-1-68); 134 v H 100 (Eff 12-31-71); 135 v H 430 (Eff 11-20-73); 136 v H 268 (Eff 8-20-76); 142 v H 290 (Eff 9-9-88); 143 v S 240 (Eff 7-1-90); 147 v H 673 (Eff 12-8-98); 148 v S 270. Eff 4-9-2001.
Disclaimer: These codes may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.