3307:1-3-08. Establishment of service credit for leaves of absence and resignations due to pregnancy or adoption

Service credit for periods of absence due to pregnancy leave or pregnancy resignation or adoption of a child may be purchased, subject to sections 3307.70 and 3307.771 of the Revised Code and the following requirements and procedures:

(A) Eligibility requirements:

(1) A member must have resigned from a teaching position covered under Chapter 3307. of the Revised Code before July 1, 1982 due to pregnancy or adoption of a child or prior to that date, must have been granted an official leave of absence from such a position due to pregnancy or adoption.

(2) A member may not purchase service credit under section 3307.771 of the Revised Code if service credit for the absence has already been purchased or established under any other section of Chapter 3307. of the Revised Code.

(3) A resignation or leave shall qualify as an absence due to the adoption of a child for the purposes of section 3307.771 of the Revised Code if:

(a) A child was placed in the member's home within twelve months of the effective date of the resignation or leave; and

(b) A final court order granting adoption to the member has been entered for the same child.

(B) Procedural requirements:

(1) An employer that granted a leave must provide the retirement system with a certification stating the period and purpose of the leave.

(2) An employer that accepted a resignation must provide the retirement system with a certification indicating the date of and the reason for the resignation.

(3) If the employer is not able to certify the reason for the leave or resignation was due to pregnancy, the member must provide one of the following:

(a) A photocopy of the child's birth certificate if the member's pregnancy resulted in birth; or

(b) A statement based on medical records if the member's pregnancy did not result in birth.

(4) If the employer is not able to certify that the reasons for the leave or resignation was due to adoption, documentation establishing that the child was placed in the member's home within twelve months after the effective date of the leave or resignation shall be provided by the member.

(5) Certifications and applications for the purchase of service credit must be completed on forms approved by the retirement system.

(6) Effective January 1, 2014, the cost pursuant to section 3307.70 of the Revised Code for the purchase of service credit under section 3307.771 of the Revised Code shall be determined as specified in rule 3307:1-3-13 of the Administrative Code.

Effective: 5/7/2020
Five Year Review (FYR) Dates: 2/20/2020 and 05/07/2025
Promulgated Under: 111.15
Statutory Authority: 3307.04
Rule Amplifies: 3307.70, 3307.771
Prior Effective Dates: 12/23/1976, 04/27/1985, 04/18/1986 (Emer.), 07/03/1986, 04/15/1987, 09/01/1996, 05/25/1999, 07/01/2001 (Emer.), 09/17/2001, 06/11/2010, 01/07/2013 (Emer.), 03/24/2013, 01/01/2014 (Emer.), 02/10/2014, 05/07/2015