Ohio § 5505.16

§ 5505.16.

(A) As used in this section, “member” has the same meaning as in section 5505.01 of the Revised Code , except that it also includes a former member who has earned service credit and has

not received a refund of accumulated contributions under section 5505.19 of the Revised Code . A member who became a member of the state highway patrol before January 1, 2020, may

be granted retirement under this division if the member has twenty-five years of service

credit according to the rules adopted by the state highway patrol retirement board

and has attained age forty-eight.  If the member is under age forty-eight, retirement under this division shall be

deferred until age forty-eight. (B) A member who has twenty years of service credit according to the rules adopted by

the retirement board, may be granted retirement under this division if the member

has attained age fifty-two.  If the member is under age fifty-two, retirement under this division shall be deferred

until age fifty-two, except that any such member who has twenty years of service credit

may, on or after attaining age forty-eight but before attaining age fifty-two, elect

to retire and receive a reduced pension under this division of the greater of nine

hundred dollars or an amount computed as follows: Attained Age Reduced Pension 48 75% of normal service pension 49 80% of normal service pension 50 86% of normal service pension 51 93% of normal service pension The reduced pension 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 pension. A member who has elected to receive a reduced pension in accordance with the schedule

provided in this division and has received a payment in connection therewith may not

change the election. (C) Any member who attains the age of sixty years and has twenty years of service credit

according to the rules adopted by the board, shall file application for retirement

with the board, and if the member refuses or neglects to do so, the board may deem

the member's application to have been filed on the member's sixtieth birthday.  The member may, upon written application approved by the superintendent of the state

highway patrol, be continued in service after attaining the age of sixty years, but

only until the member has accumulated twenty years of service credit in accordance

with rules adopted by the board. (D)(1) As used in this division: (a) “ Service in the uniformed services ” means the performance of duty on a voluntary or involuntary basis in a uniformed

service under competent authority and includes active duty, active duty for training,

initial active duty for training, inactive duty training, full-time national guard

duty, and a period for which a person is absent from a position of employment for

the purpose of an examination to determine the fitness of the person to perform any

such duty. (b) “ Uniformed services ” of the United States includes both: (i) Army, navy, air force, marine corps, coast guard, space force, or any reserve components

of these services;  auxiliary corps as established by congress;  army nurse corps;

 navy nurse corps;  service as red cross nurse with the army, navy, air force, or

hospital service of the United States, or serving full-time with the American red

cross in a combat zone;  and such other service as is designated by congress as included

therein; (ii) Personnel of the Ohio national guard, the Ohio military reserve, the Ohio naval militia,

and the reserve components of the armed forces enumerated in division (D)(1) of this

section who are called to active duty pursuant to an executive order issued by the

president of the United States or an act of congress. (2) A member's total service credit may include periods not to exceed a total of seven

years, while the member's employment with the state highway patrol is or was interrupted

due to service in the uniformed services of the United States.  Such military service shall be credited to the member towards total service as provided

by this chapter and to the extent approved by the board, provided that: (a) The member is or was honorably discharged from service in the uniformed services; (b) The member is or was re-employed by the state highway patrol within ninety days immediately

following termination of service in the uniformed services; (c) The member, subject to board rules, pays into the retirement system to the member's

credit in the employees' savings fund an amount equal to the total contributions the

member would have paid had state highway patrol employment not been so interrupted.  Such payment may be made at any time prior to receipt of a pension. (3) If the member meets the requirements of division (D)(2) of this section, on receipt

of contributions from the member, the state highway patrol shall be billed for the

employer contribution that would have been paid pursuant to section 5505.15 of the Revised Code if the member had not rendered service in the uniformed services, subject to board

rules. (4) If under division (D)(2)(c) of this section a member pays all or any portion of the

contributions later than the lesser of five years or a period that is three times

the member's period of service in the uniformed services beginning from the member's

date of re-employment, an amount equal to compound interest at a rate established

by the board from the member's date of re-employment to the date of payment shall

be added to the remaining amount to be paid by the member to purchase service credit

under this section. (5) Credit purchased by a member under division (D)(2) of this section shall be used

to determine the member's eligibility for retirement under this section and section 5505.17 of the Revised Code .