(A) Except as provided in division (D) of this section, a member of the school employees retirement system who resigned due to pregnancy or adoption of a child may purchase service credit for a period following the resignation during which the member did not make contributions under section 3309.47 of the Revised Code, if the member meets both of the following conditions:

Terms Used In Ohio Code 3309.473

  • Child: includes child by adoption. See Ohio Code 1.59
  • contributor: includes any person participating in a plan established under section 3309. See Ohio Code 3309.01
  • Employer contribution: means the amount paid by an employer as determined under section 3309. See Ohio Code 3309.01
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Member: includes a disability benefit recipient. See Ohio Code 3309.01
  • total service: includes any period, not in excess of three years, during which a member was out of service and receiving benefits from the state insurance fund, provided the injury or incapacitation was the direct result of school employment. See Ohio Code 3309.01
  • Year: means the year beginning the first day of July and ending with the thirtieth day of June next following. See Ohio Code 3309.01

(1) The member has earned a minimum of one year of service credit subsequent to the date of the member’s return to employment as a contributor to the system.

(2) The member returned to employment as a contributor not later than the first day of classes of the third school year following the date of resignation.

Service credit purchased under this section may not exceed the lesser of two years or an amount equal to the period from the effective date of the resignation to the date of return to employment as a contributor. Service credit may be purchased for more than one period of resignation due to pregnancy or adoption of a child, but the total service credit purchased may not exceed two years. The member must submit evidence satisfactory to the school employees retirement board documenting that the resignation was due to pregnancy or adoption of a child and that the member meets the requirement in division (A)(1) of this section.

(B) For each year of service credit purchased under this section:

(1) The member shall pay to the system for credit to the member’s accumulated account an amount equal to the member’s contributions for full-time employment for the first year of service subsequent to the member’s return to employment as a contributor, plus compound interest thereon at a rate established by the board, from the date of the member’s return to employment as a contributor to the date of payment.

(2) The member’s employer at the time of resignation shall pay an amount certified by the system, which shall be an amount equal to the employer contribution for full-time employment for the member’s first year of service subsequent to the member’s return to employment as a contributor, plus compound interest thereon at a rate established by the board, from the date of the member’s return to employment as a contributor to the date of payment.

(C) A member may purchase all or part of the credit for which the member is eligible in one or more payments. Service credit purchased under this section shall be included in the member’s total service credit.

(D) A member who has purchased service credit under section 3309.472 of the Revised Code for a period of absence may not purchase credit under this section for the same period of absence.

(E) The board may adopt rules to implement this section.