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OHIO PUBLIC EMPLOYEES RETIREMENT SYSTEM ... - OPERS

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savings fund and the employers' accumulation fund for service credit under division (A) or (B) of<br />

this section shall be considered as accumulated contributions of the member.<br />

(SB 386, Eff. 9/16/57; SB 160, Eff. 8/1/59; HB 776, Eff. 11/5/65; SB 389, Eff. 11/21/69; HB 1, Eff. 3/26/71; HB 268,<br />

Eff. 8/20/76; HB 548, Eff. 10/8/82; HB 502, Eff. 4/24/86; HB 552, Eff. 12/15/88; HB 382, Eff. 6/30/91; HB 222, Eff.<br />

11/2/99)<br />

Sec. 145.03 Public employees retirement system; exemption from compulsory membership<br />

(A) A public employees retirement system is hereby created for the public employees of<br />

the state and of the several local authorities mentioned in section 145.01 of the Revised Code.<br />

Except as provided in division (B) of this section, membership in the system is compulsory upon<br />

being employed and shall continue as long as public employment continues.<br />

(B) A student who is not a member at the time of his employment with the school, college,<br />

or university in which he is enrolled and regularly attending classes may elect to be exempted from<br />

compulsory membership and a student who is a member may elect to have his employment with<br />

the school, college, or university in which he is enrolled and regularly attending classes exempted<br />

from contribution to the retirement system. An election to be exempted from membership or<br />

contribution shall be made by signing a written application for exemption within the first month<br />

after being employed and filing the application with the public employees retirement board. All<br />

applications, when approved by the public employees retirement board and filed with the<br />

employer, shall be irrevocable while the employee is continuously employed by the school,<br />

college, or university and regularly attending classes.<br />

(HB 551, Eff. 10/26/53; SB 386, Eff. 9/16/57; SB 160, Eff. 8/1/59; HB 430, Eff. 11/20/73; HB 268, Eff. 8/20/76; HB<br />

382, Eff. 6/30/91; HB 123, Eff. 11/20/91; HB 383, Eff. 5/4/92; SB 351, Eff. 7/1/92)<br />

Sec. 145.031 Municipal court employees transferred from Cincinnati to Hamilton<br />

County; option to remain in city system and be exempt from PERS<br />

(A) Notwithstanding section 145.03 of the Revised Code, any employee of the Hamilton<br />

county municipal court on January 16, 1978, who was in the employ of the city of Cincinnati in the<br />

Hamilton county municipal court and was appointed or employed by the court, the clerk of courts<br />

or the Cincinnati city manager, and whose salary was paid by the city of Cincinnati and who was a<br />

contributing member of the city of Cincinnati retirement system prior to that date, may choose to<br />

be exempt from compulsory membership in the public employees retirement system and to<br />

continue contributing membership in the city of Cincinnati retirement system on and after that<br />

date, by filing a written request for exemption from the public employees<br />

retirement system, which request shall bear the signature of the employee, with the public<br />

employees retirement board, provided that exemptions permitted by this division are contingent<br />

upon the following:<br />

(1) The adoption of an agreement between the board of county commissioners of Hamilton<br />

county and authorized representatives of the city of Cincinnati retirement system that provides<br />

such employees with the option to continue contributing membership in that retirement system on<br />

and after January 16, 1978, upon a compliance with the requirements of this section;<br />

(2) The filing of the request for exemption within thirty days of the effective date of the<br />

agreement.<br />

(B) No employee contributions shall be deducted from the earnable salary or compensation<br />

of, or paid to the public employees retirement system on account of, any employee of the Hamilton<br />

14

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