Ohio § 5505.25

§ 5505.25.

(A)(1) A member of the state highway patrol retirement system who is not receiving a pension

from the system may purchase service credit for each year or portion of a year of

service incurred by reason of having been on active duty as a member of the uniformed

services of the United States if the member is honorably discharged. (2) On presentation of documentation of the service and subject to state highway patrol

retirement board rules, a member who is not receiving a pension from the system may

purchase service credit for each year or portion of a year of service incurred by

reason of having been on active duty as a member of the Ohio national guard or a reserve

component of any of the armed forces for which the member is not eligible to purchase

credit under division (A)(1) of this section. For purposes of division (A)(2) of this section, active duty in the reserves or the

Ohio national guard includes assembly for drill and instruction;  training at encampments,

maneuvers, outdoor target practice, or other exercises;  and any training or duty

in this state ordered by the governor. (3) Credit shall not be granted for any period of duty during which the member was contributing

to the retirement system. Credits that are not authorized under division (D) of section 5505.16 of the Revised Code may be purchased at any time.  The number of years purchased under this division shall not exceed five. (B) For the purposes of this division, “ prisoner of war ” means any regularly appointed, enrolled, enlisted, or inducted member of the uniformed

services of the United States who was captured, separated, and incarcerated by an

enemy of the United States. A member may purchase service credit for each year of service such member was a prisoner

of war.  The number of years purchased under this division shall not exceed five.  Service credit may be purchased under this division for the same years of service

used to purchase service credit under division (A) of this section.  The member may choose to purchase only part of such credit in any one payment, subject

to board rules. (C) The total number of years purchased under this section shall not exceed the member's

total accumulated number of years in the service of the state highway patrol. Credit purchased by a member under this section shall be used to determine the member's

eligibility for retirement under sections 5505.16 and 5505.17 of the Revised Code . (D)(1) For each year or portion of a year of service purchased under division (A)(1) or

(B) of this section, the member shall pay to the system for credit to the member's

accumulated account an amount determined by the member rate of contribution in effect

at the time the military service began multiplied by the annual compensation for full-time

employment during the first year of service in Ohio following termination of military

service.  To this amount shall be added an amount equal to compound interest at a rate established

by the state highway patrol retirement board from the date active military service

terminated to date of payment. (2) For each year or portion of a year of service in the reserves or Ohio national guard

purchased under division (A)(2) of this section, the member shall pay to the retirement

system for credit to the member's individual account an amount equal to one hundred

per cent of the additional liability resulting from the purchase of that year of service

as determined by an actuary employed by the board.  The retirement system shall calculate the number of years or portions of a year

of credit the member is eligible to purchase under division (A)(2) of this section

by dividing the number of days actually served by three hundred sixty-five. (E) A member is ineligible to purchase service credit under this section for any year

of military service that was: (1) Used in the calculation of any retirement benefit currently being paid to the member

or payable in the future under any other retirement program, except for retired pay

for nonregular service under Chapter 1223 of Section 1662 of Title XVI of the “National

Defense Authorization Act for Fiscal Year 1995,” 108 Stat. 2998 (1994), 10 U.S.C.A. 12731 to 12739 , or social security; (2) Used to obtain service credit pursuant to section 5505.16 of the Revised Code . At the time the credit is purchased, the member shall certify on a form furnished

by the board that the member does and will conform to this requirement.  Any benefit paid under this section to which the member is not entitled shall be

recovered by any recovery procedures available under this chapter. As used in this section, “uniformed services” of the United States has the same meaning

as in division (D) of section 5505.16 of the Revised Code .