145-2-39. Survivors of law enforcement officers with non-law enforcement service

(A) Definitions

(1) "Law enforcement officer" means a member described in division (YY) of section 145.01 of the Revised Code.

(2) "Law enforcement service" means service as a law enforcement officer or public safety officer.

(3) " Non-law enforcement service" means service covered by the public employees retirement system that is other than law enforcement service.

(4) "Public safety officer" means a member described in division (AAA) of section 145.01 of the Revised Code.

(B) If a member who has both law enforcement service credit and non-law enforcement service credit dies prior to retirement, the member's qualifying beneficiary or beneficiaries as determined in accordance with section 143.43, 145.431, or 145.45 of the Revised Code may elect to have benefits paid pursuant to section 145.33, 145.332, 145.43 , or 145.45 of the Revised Code. If the benefit is calculated pursuant to division (I)(2) or (I)(3) of section 145.332 of the Revised Code, the beneficiary shall be paid a lump sum payment discounted to present value for the non-law enforcement service.

Effective: 9/1/2017
Five Year Review (FYR) Dates: 09/29/2021
Promulgated Under: 111.15
Statutory Authority: 145.09
Rule Amplifies: 145.01, 145.33, 145.332, 145.43, 145.431, 145.45
Prior Effective Dates: 8/20/76, 7/31/89, 12/30/91, 12/6/93, 2/3/00, 4/5/01, 1/1/03, 1/1/07, 1/1/10, 1/7/13 (Emer.), 3/24/13