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OHIO PUBLIC EMPLOYEES RETIREMENT SYSTEM ... - OPERS

OHIO PUBLIC EMPLOYEES RETIREMENT SYSTEM ... - OPERS

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waive the employer's coverage, except that the PERS retirant may waive the employer's coverage<br />

if the retirant has coverage comparable to that provided by the employer from a source other than<br />

the employer or the public employees retirement system. If a claim is made, the employer's<br />

coverage shall be the primary coverage and shall pay first. The benefits provided under section<br />

145.58 of the Revised Code shall pay only those medical expenses not paid through the<br />

employer's coverage or coverage the PERS retirant receives through a source other than the<br />

retirement system.<br />

(E) If the disability benefit of an other system retirant employed under this section is<br />

terminated, the retirant shall become a member of the public employees retirement system,<br />

effective on the first day of the month next following the termination with all the rights,<br />

privileges, and obligations of membership. If such person, after the termination of the disability<br />

benefit, earns two years of service credit under this system or under the Ohio police and fire<br />

pension fund, state teachers retirement system, school employees retirement system, or state<br />

highway patrol retirement system, the person's prior contributions as an other system retirant<br />

under this section shall be included in the person's total service credit as a public employees<br />

retirement system member, and the person shall forfeit all rights and benefits of this section. Not<br />

more than one year of credit may be given for any period of twelve months.<br />

(F) This section does not affect the receipt of benefits by or eligibility for benefits of any<br />

person who on August 20, 1976, was receiving a disability benefit or service retirement pension<br />

or allowance from a state or municipal retirement system in Ohio and was a member of any other<br />

state or municipal retirement system of this state.<br />

(G) The public employees retirement board may adopt rules to carry out this section.<br />

(HB 382, Eff. 6/30/91; SB 346, Eff. 7/29/92; HB 151, Eff. 2/9/94; SB 82, Eff. 12/6/96; HB 222, Eff. 11/2/99; SB 190,<br />

Eff. 7/13/00; SB 144, Eff. 9/14/00; HB 628, Eff. 9/21/00; HB 535, Eff. 4/1/01; HB 84, Eff. 7/31/01; SB 247, Eff.<br />

10/1/02; HB95, Eff. 9/25/03; HB3, Eff. 5/2/06)<br />

Sec. 145.381 Special notice and hearing requirements for certain re-employed retirants<br />

(A) This section applies in the case of a person who is or most recently has been<br />

employed by a public employer in a position that is customarily filled by a vote of members of a<br />

board or commission or by the legislative authority of a county, municipal corporation, or<br />

township.<br />

(B) A board, commission, or legislative authority that proposes to continue the<br />

employment as a reemployed retirant or rehire as a reemployed retirant to the same position an<br />

individual described in division (A) of this section shall do both of the following in accordance<br />

with rules adopted under division (C) of this section:<br />

(1) Not less than sixty days before the employment as a reemployed retirant is to begin,<br />

give public notice that the person is or will be retired and is seeking employment with the public<br />

employer;<br />

(2) Between fifteen and thirty days before the employment as a reemployed retirant is to<br />

begin and after complying with division (B)(1) of this section, hold a public meeting on the issue<br />

of the person being employed by the public employer. The notice regarding division (B)(1) of<br />

this section shall include the time, date, and location at which the public meeting is to take place.<br />

(C) The public employees retirement board shall adopt rules as necessary to implement<br />

this section.<br />

(ENACTED: HB95, Eff. 9/25/03)<br />

94

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