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OHIO PUBLIC EMPLOYEES RETIREMENT SYSTEM ... - OPERS

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the amount of such commuted reserve divided by the age and service annuity rate for the attained<br />

age at retirement.<br />

(D) The commuted value calculated as provided in division (C) of this section of a basic<br />

annual pension of one hundred eighty dollars, provided the member has ten or more years of<br />

total service credit as of October 1, 1956.<br />

(E) When a member retires on commuted age and service retirement, the member's single<br />

lifetime allowance shall not be less than that provided by divisions (A), (B), (C), and (D) of this<br />

section and division (A)(5) of section 145.33 of the Revised Code and shall not exceed the limits<br />

established by division (A)(6) of that section.<br />

A year of service for the purpose of commuted age and service retirement and of<br />

applying the minimum retirement allowance as provided in this section is defined as a complete<br />

year of full-time employment, or the equivalent thereof. The board is the final authority in<br />

determining the eligibility of an employee for such form of retirement and for such minimum<br />

allowance.<br />

In determining eligibility only for retirement under this section the board shall include in<br />

“total service” the years of prior service credit granted members of the public employees<br />

retirement system by a publicly owned utility as provided for in section 145.48 of the Revised<br />

Code under a pension plan adopted by the publicly owned utility.<br />

(F) Retirement allowances determined under this section shall be paid as provided in<br />

section 145.46 of the Revised Code.<br />

(HB 744, Eff. 6/29/55; SB 386, Eff. 9/16/57; SB 160, Eff. 8/1/59; HB 957, Eff. 10/27/61; HB 590, Eff. 10/14/63; HB<br />

225, Eff. 11/13/65; HB 430, Eff. 11/20/73; HB 268, Eff. 8/20/76; HB 1, Eff. 8/26/77; SB 240, Eff. 7/24/90; HB 382,<br />

Eff. 6/30/91; HB 628, Eff. 9/21/00)<br />

Sec. 145.35 Application and medical examination for disability retirement<br />

(A) As used in this section, “on-duty illness or injury” means an illness or injury that<br />

occurred during or resulted from performance of duties under the direct supervision of a<br />

member's appointing authority.<br />

(B) The public employees retirement system shall provide disability coverage to each<br />

member who has at least five years of total service credit and disability coverage for on-duty<br />

illness or injury to each member who is a PERS law enforcement officer or PERS public safety<br />

officer, regardless of length of service.<br />

Not later than October 16, 1992, the public employees retirement board shall give each<br />

person who is a member on July 29, 1992, the opportunity to elect disability coverage either<br />

under section 145.36 of the Revised Code or under section 145.361 of the Revised Code. The<br />

board shall mail notice of the election, accompanied by an explanation of the coverage under<br />

each of the Revised Code sections and a form on which the election is to be made, to each<br />

member at the member's last known address. The board shall also provide the explanation and<br />

form to any member on request.<br />

Regardless of whether the member actually receives notice of the right to make an<br />

election, a member who fails to file a valid election under this section shall be considered to have<br />

elected disability coverage under section 145.36 of the Revised Code. To be valid, an election<br />

must be made on the form provided by the retirement board, signed by the member, and filed<br />

with the board not later than one hundred eighty days after the date the notice was mailed, or, in<br />

the case of a form provided at the request of a member, a date specified by rule of the retirement<br />

board. Once made, an election is irrevocable, but if the member ceases to be a member of the<br />

85

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