Ohio Code 145.36 – Benefits upon disability retirement
A member who has elected disability coverage under this section, has not attained the applicable age, and is determined by the public employees retirement board under section 145.35 of the Revised Code to qualify for a disability benefit shall be retired on disability under this section.
Terms Used In Ohio Code 145.36
- Accumulated contributions: means the sum of all amounts credited to a contributor's individual account in the employees' savings fund together with any interest credited to the contributor's account under section 145. See Ohio Code 145.01
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Annuity: means payments for life derived from contributions made by a contributor and paid from the annuity and pension reserve fund as provided in this chapter. See Ohio Code 145.01
- Disability benefit: means a benefit paid as disability retirement under section 145. See Ohio Code 145.01
- Disability retirement: means retirement as provided in section 145. See Ohio Code 145.01
- Final average salary: means the greater of the following:
(a) The sum of the member's earnable salaries for the appropriate number of calendar years of contributing service, determined under section 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
- Retirant: means any former member who retires and is receiving a monthly allowance as provided in sections 145. See Ohio Code 145.01
- state: means the state of Ohio. See Ohio Code 1.59
The applicable age is sixty if the member is described in division (A) or (B) of section 145.32 or division (A), (B), or (E)(1), (3), or (4) of section 145.332 of the Revised Code. It is sixty-two if the member is described in division (C) of section 145.32 or division (E)(2) or (5) of section 145.332 of the Revised Code.
Upon disability retirement, a member shall receive an annual amount that shall consist of:
(A) An annuity having a reserve equal to the amount of the retirant‘s accumulated contributions;
(B) A pension that shall be the difference between the member’s annuity and an annual amount determined by multiplying the total service credit of the retirant, and in addition thereto the projected number of years and fractions thereof between the effective date of the member’s disability retirement and attainment of the applicable age, assuming continuous service, by two and two-tenths per cent of the member’s final average salary.
Where the recipient is not receiving a disability benefit under section 145.37 of the Revised Code and is receiving a disability benefit from either the state teachers retirement system or the school employees retirement system, the recipient shall not be eligible for service credit based upon the number of years and fractions thereof between the date of disability and attained age sixty as provided for in this division.
In no case shall disability retirement be less than thirty per cent or more than seventy-five per cent of the member’s final average salary, except that it shall not exceed any limit to which the retirement system is subject under section 415 of the “Internal Revenue Code of 1986,” 100 Stat. 2085, 26 U.S.C.A. 415, as amended.
A year of service for the purpose of disability retirement is a complete year of full-time employment, or the equivalent thereof. The public employees retirement board is the final authority in determining the eligibility of a member for disability retirement.