Ohio § 742.21

§ 742.21.

(A) As used in this section and sections 742.211 to 742.214 of the Revised Code : (1) “Full-time service” has the meaning established by rule of the board of trustees

of the Ohio police and fire pension fund. (2) “ Military service credit ” means credit for service in the armed forces of the United States purchased or obtained

from the fund, the Cincinnati retirement system, or a non-uniform retirement system. (3) “ Non-uniform retirement system ” or “ non-uniform system ” means the public employees retirement system, school employees retirement system,

or state teachers retirement system. (B) Unless section 742.212 of the Revised Code applies and except as provided in divisions (G) and (I) of this section, in computing

the pension and benefits payable under section 742.37 or 742.39 of the Revised Code , the Ohio police and fire pension fund shall give a member of the fund who is in

the active service of a police or fire department, is not receiving a pension or benefit

payment from the fund, and is not a participant in the deferred retirement option

plan established under section 742.43 of the Revised Code full credit for service credit earned for full-time service as a member of the Cincinnati

retirement system or purchased or obtained as military service credit if, for each

year of service credit, the fund receives the sum of the following: (1) An amount, which shall be paid by the member, equal to the amount withdrawn by the

member from the retirement system that is attributable to the year of service credit,

with interest at a rate established by the board on that amount from the date of withdrawal

to the date of payment; (2) Interest, which shall be paid either by the member or the Cincinnati retirement system,

on the amount withdrawn by the member from the Cincinnati retirement system that is

attributable to the year of service from the last day of the year for which the service

credit was earned or in which payment was made for military service credit to the

date the withdrawal was made; (3) An amount, which shall be paid by either the member or the Cincinnati retirement

system, equal to the lesser of the amount contributed by the employer to the Cincinnati

retirement system for the year of service or the amount that would have been contributed

by the employer for the year of service had the member been employed by the member's

current employer as a member of a police or fire department at the time the credit

was earned, with interest on that amount from the last day of the year for which the

service credit was earned or in which payment was made for military service credit

to the date the payment is made; (4) If the member became a member of the fund on or after September 16, 1998, the amount,

which shall be paid by the member, determined pursuant to division (I) of this section. Interest shall be determined in accordance with division (H) of this section. (C)(1) Except as provided in divisions (G) and (I) of this section, in computing the pension

and benefits payable under section 742.37 or 742.39 of the Revised Code , the fund shall give a member of the fund who is in the active service of a police

or fire department, is not receiving a pension or benefit payment from the fund, has

withdrawn the member's contributions from a non-uniform retirement system, and is

not a participant in the deferred retirement option plan established under section 742.43 of the Revised Code full credit for service credit earned for full-time service as a member of the non-uniform

system or purchased or obtained as military service credit if, for each year of service,

the fund receives the sum of the following: (a) An amount, which shall be paid by the member, equal to the amount withdrawn by the

member from the non-uniform system that is attributable to that year of service credit,

with interest at a rate established by the board on that amount from the date of withdrawal

to the date of payment; (b) If the member is seeking credit for service under the public employees retirement

system or state teachers retirement system, an amount, which shall be paid by the

member, equal to the amount of any employer contributions and interest on employee

contributions the member received under section 145.40 or 3307.563 of the Revised Code ; (c) Interest, which shall be transferred by the non-uniform system, on the amount withdrawn

by the member from the non-uniform system that is attributable to the year of service

from the last day of the year for which the service credit was earned or in which

payment was made for military service credit to the date the withdrawal was made; (d) An amount, which shall be transferred by the non-uniform system, equal to the lesser

of the amount contributed by the employer to the non-uniform system for the year of

service or the amount that would have been contributed by the employer for the year

of service had the member been employed by the member's current employer as a member

of a police or fire department at the time the credit was earned, with interest on

that amount from the last day of the year for which the service credit was earned

or in which payment was made for military service credit to the date the transfer

is made; (e) If the member became a member of the fund on or after September 16, 1998, the amount,

which shall be paid by the member, determined pursuant to division (I) of this section. (2) On receipt of payment from the member, the fund shall notify the non-uniform system,

and on receipt of the notice, the non-uniform system shall make the transfer.  Interest shall be determined in accordance with division (H) of this section. (3) The amount transferred under division (C)(1) of this section by the public employees

retirement system or state teachers retirement system shall not include any amount

of employer contributions and interest on employee contributions the member received

under section 145.40 or 3307.563 of the Revised Code . (D) Except as provided in divisions (G) and (I) of this section, in computing the pension

and benefits payable under section 742.37 or 742.39 of the Revised Code , the fund shall give a member of the fund who is in the active service of a police

or fire department, is not receiving a pension or benefit from the fund, has contributions

on deposit with a non-uniform retirement system, and is not a participant in the deferred

retirement option plan established under section 742.43 of the Revised Code full credit for service credit earned for full-time service as a member of the non-uniform

system or service credit purchased or obtained as military service credit if both

of the following occur: (1) The non-uniform system transfers to the fund, for each year of service, the sum of

the following: (a) The amount, contributed by the member or, in the case of military service credit,

paid by the member, that is attributable to that service; (b) An amount equal to the lesser of the amount contributed by the employer to the non-uniform

system for the year of service or the amount that would have been contributed by the

employer for the year of service had the member been employed by the member's current

employer as a member of a police or fire department at the time the credit was earned; (c) Interest on the amounts specified in divisions (D)(1)(a) and (b) of this section

from the last day of the year for which the service credit in the non-uniform system

was earned or in which military service credit was purchased or obtained to the date

the transfer is made. (2) If the member became a member of the fund on or after September 16, 1998, the member

pays the amount determined pursuant to division (I) of this section. On receipt of a request from the member, the appropriate non-uniform system shall

make the transfer specified in division (D)(1) of this section.  Interest shall be determined in accordance with division (H) of this section. (E) Subject to board rules, a member of the fund may choose to purchase in any one payment

only part of the credit the member is eligible to purchase under division (B) or (C)(1)

of this section. (F) At the request of the fund, the non-uniform retirement system or Cincinnati retirement

system shall certify to the fund a copy of the records of the service and contributions

of a member of the fund who seeks service credit under this section. (G) A member of the fund is ineligible to receive credit under this section for service

that is used in the calculation of any retirement benefit currently being paid or

payable in the future to the member under any other retirement program, service rendered

concurrently with any other period for which service credit has already been granted,

or for service credit that may be transferred under section 742.214 of the Revised Code . (H) Interest charged under this section shall be calculated separately for each year

of service credit.  Unless otherwise specified in this section, it shall be calculated at the lesser

of the actuarial assumption rate for that year of the fund or of the system in which

the credit was earned.  The interest shall be compounded annually. The board may, by rule, establish procedures for the receipt of service credit under

this section. (I) The amount to be paid pursuant to division (B)(4), (C)(1)(e), or (D)(2) of this section

or division (B)(2) or (C)(2)(b) of section 742.212 of the Revised Code is the sum of the following: (1) An amount equal to the difference between the amount the member paid as employee

contributions for the service and the amount the member would have paid had the member

been employed by the member's current employer as a member of a police or fire department; (2) An amount equal to the difference between the amount paid or transferred under division

(B)(3), (C)(1)(d), or (D)(1)(b) of this section or division (B)(2) or (C)(2)(b) of section 742.212 of the Revised Code and the amount that would have been contributed by the employer for the service had

the member been employed by the member's current employer as a member of a police

or fire department; (3) Interest, determined in accordance with division (H) of this section, on the amounts

specified in divisions (I)(1) and (2) of this section. At the request of a member, in lieu of requiring payment of all or part of the amount

determined under this division the fund may grant the member an amount of service

credit under division (B), (C), or (D) of this section or division (B) or (C) of section 742.212 of the Revised Code that is less than the amount for which the member is eligible.  The service credit granted shall be the same percentage of the service credit for

which the member is eligible that the amount the fund receives under division (B),

(C), or (D) of this section or division (B) or (C) of section 742.212 of the Revised Code is of the total amount it would receive under those divisions if the full amount

determined under this division was paid. (J)(1) Except as provided in division (J)(2) of this section and notwithstanding any contrary

provision of this section, the board shall, in computing a pension or benefit under section 742.37 or 742.39 of the Revised Code , give a member of the fund who is not receiving a pension or disability benefit from

the fund full credit for service credit purchased under this section for service that

was less than full-time service if the member provides evidence satisfactory to the

board that, after receiving written notice from the fund indicating that the member

would be permitted to purchase service credit for service that was less than full-time,

the member changed or ceased the member's employment with the understanding that the

credit identified in the notice would be used in computing a pension or benefit.  If the board has canceled service credit purchased under this section for service

that was less than full-time service and the member meets the requirements of division

(J)(1) of this section, the board shall restore the service credit on repayment to

the fund of the amount refunded to the member at the time of cancellation. (2) If a member of the fund who is not receiving a pension or disability benefit from

the fund purchased credit under this section for service that was less than full-time

service and does not meet the requirements of division (J)(1) of this section, the

board shall refund to the member any amounts paid to purchase the credit, with interest

at a rate determined by the board from the date the member purchased the credit to

the date of the refund. (K) A member of the fund who has purchased service credit under this section, or the

member's estate, is entitled to a refund of the amount or portion of the amount paid

to purchase the credit if the purchased credit or portion of credit does not increase

a pension or benefit payable under section 742.37 or 742.39 or calculated under section 742.442 of the Revised Code .  The refund cancels an equivalent amount of service credit. (L) If a member or former member of the fund who is not a current contributor and has

not received a refund of accumulated contributions elects to receive credit under section 145.295 , 3307.761 , or 3309.73 of the Revised Code for service for which the member contributed to the fund or purchased as military

service credit, the fund shall transfer to the non-uniform retirement system the amount

specified in division (B) of section 145.295 of the Revised Code , division (C) of section 3307.761 of the Revised Code , or division (B) of section 3309.73 of the Revised Code . (M) The board shall adopt rules establishing a payroll deduction plan for the purchase

of service credit under this section.  The rules shall meet the requirements described in section 742.56 of the Revised Code .