Ohio Code 145.382 – Employment of certain retirants notwithstanding restrictions
(A) A former member receiving an age and service retirement allowance from the public employees retirement system, and hereafter referred to as a retirant, may be employed, notwithstanding sections 145.38 and 145.46 of the Revised Code, if his later employment has been in a position described in any of the following categories:
Terms Used In Ohio Code 145.382
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Age and service retirement: means retirement as provided in sections 145. See Ohio Code 145.01
- Member: includes a PERS retirant who becomes a member under division (C) of section 145. See Ohio Code 145.01
- Public employee: means :
(1) Any person holding an office, not elective, under the state or any county, township, municipal corporation, park district, conservancy district, sanitary district, health district, metropolitan housing authority, state retirement board, Ohio history connection, public library, county law library, union cemetery, joint hospital, institutional commissary, state university, or board, bureau, commission, council, committee, authority, or administrative body as the same are, or have been, created by action of the general assembly or by the legislative authority of any of the units of local government named in division (A)(1) of this section, or employed and paid in whole or in part by the state or any of the authorities named in division (A)(1) of this section in any capacity not covered by section 742. See Ohio Code 145.01
- Retirant: means any former member who retires and is receiving a monthly allowance as provided in sections 145. See Ohio Code 145.01
- Retirement allowance: means the pension plus that portion of the benefit derived from contributions made by the member. See Ohio Code 145.01
- state: means the state of Ohio. See Ohio Code 1.59
(1) A position authorized by section 101.31, 121.03, or 121.04 of the Revised Code;
(2) A position to which appointment is made by the governor with the advice and consent of the senate;
(3) The head of a division of a state department.
A retirant employed in such a category is entitled to a retirement allowance based on his total contributions and service credit accrued during all service as a public employee.
(B) Upon his later retirement, the retirant may elect to receive retirement benefits based upon his original service and his service after re-entering public service by selecting any of the optional benefit plans specified in section 145.46 of the Revised Code.