145-3-28. Free military service credit

(A) This rule amplifies section 145.30 of the Revised Code as applicable to members participating in the combined plan.

(B) Definitions

(1) "Maintained his membership" means any of the following:

(a) The member's contributions to the combined plan under section 145.85 of the Revised Code remained with the public employees retirement system during the military service;

(b) The member's contributions before the military service were refunded under article VIII of the combined plan document and redeposited in accordance with rule 145-3-22 of the Administrative Code;

(c) The member was exempt from membership or not a contributor to the retirement system before the member's military service, but Chapter 145. of the Revised Code authorizes a retroactive payment to establish membership before the member's military service.

(2) "Military service," "total service credit as defined in section 145.01 of the Revised Code of twenty years," and "was or is out of active service as a public employee by reason of having become a member of the armed forces" have the same meanings as described in rule 145-2-05 of the Administrative Code.

(3) "Was a member" means membership before the member's military service was established in the same manner as described in paragraph (B)(1) of this rule.

(C)

(1) The service credit to which a member is entitled shall be calculated from the date the member entered military service through the date the military service terminated.

(2) The member shall submit to the retirement system report(s) of separation (form DD214) or other satisfactory documentation as evidence of the member's military service and discharge.

Five Year Review (FYR) Dates: 9/30/2019 and 09/29/2024
Promulgated Under: 111.15
Statutory Authority: 145.80
Rule Amplifies: 145.30, 145.81, 145.82
Prior Effective Dates: 01/01/2003

Prior History: (Five Year Review (FYR) Dates: 09/24/2014 and 09/24/2019
Promulgated Under: 111.15
Statutory Authority: 145.80
Rule Amplifies: 145.30, 145.81, 145.82
Prior Effective Dates: 1/1/03)