Terms Used In Ohio Code > Chapter 145 - Public Employees Retirement System

• 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
• Actuary: means an individual who satisfies all of the following requirements:

  (1) Is a member of the American academy of actuaries;

  (2) Is an associate or fellow of the society of actuaries;

  (3) Has a minimum of five years' experience in providing actuarial services to public retirement plans. See Ohio Code 145.01

• 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
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Amortization: Paying off a loan by regular installments.
• 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
• Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• anything of value: includes :

  (A) Money, bank bills or notes, United States treasury notes, and other bills, bonds, or notes issued by lawful authority and intended to pass and circulate as money;

  (B) Goods and chattels;

  (C) Promissory notes, bills of exchange, orders, drafts, warrants, checks, or bonds given for the payment of money;

  (D) Receipts given for the payment of money or other property;

  (E) Rights in action;

  (F) Things which savor of the realty and are, at the time they are taken, a part of the freehold, whether they are of the substance or produce thereof or affixed thereto, although there may be no interval between the severing and taking away;

  (G) Any interest in realty, including fee simple and partial interests, present and future, contingent or vested interests, beneficial interests, leasehold interests, and any other interest in realty;

  (H) Any promise of future employment;

  (I) Every other thing of value. See Ohio Code 1.03

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Assistant house sergeant at arms: means any person appointed by the house sergeant at arms under division (C)(1) of section 101. See Ohio Code 145.01
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bailiff: a court officer who enforces the rules of behavior in courtrooms.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• beneficiaries: means the estate or a person or persons who, as the result of the death of a member, contributor, or retirant, qualify for or are receiving some right or benefit under this chapter. See Ohio Code 145.01
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bond: includes an undertaking. See Ohio Code 1.02
• Bureau of criminal identification and investigation investigator: means a person who is in compliance with section 109. See Ohio Code 145.01
• Child: includes child by adoption. See Ohio Code 1.59
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conservancy district officer: means a full-time employee of a conservancy district who is designated pursuant to section 6101. See Ohio Code 145.01
• Contract: A legal written agreement that becomes binding when signed.
• Contributing service: means both of the following:

  (1) All service credited to a member of the system since January 1, 1935, for which contributions are made as required by sections 145. See Ohio Code 145.01

• contributor: includes any person participating in a PERS defined contribution plan. See Ohio Code 145.01
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Department of public safety enforcement agent: means a full-time employee of the department of public safety who is designated under section 5502. See Ohio Code 145.01
• Department of taxation investigator: means a person employed full time with the department of taxation to whom both of the following apply:

  (1) The person has been delegated investigation powers pursuant to section 5743. See Ohio Code 145.01

• Dependent: A person dependent for support upon another.
• Deputy sheriff: means any person who is commissioned and employed as a full-time peace officer by the sheriff of any county, and has been so employed since on or before December 31, 1965; any person who is or has been commissioned and employed as a peace officer by the sheriff of any county since January 1, 1966, and who has received a certificate attesting to the person's satisfactory completion of the peace officer training school as required by section 109. See Ohio Code 145.01
• Disability allowance: means an allowance paid on account of disability under section 145. See Ohio Code 145.01
• Disability benefit: means a benefit paid as disability retirement under section 145. See Ohio Code 145.01
• Disability benefit recipient: means a member who is receiving a disability benefit. See Ohio Code 145.01
• Disability retirement: means retirement as provided in section 145. See Ohio Code 145.01
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Drug agent: means any person who is either of the following:

  (1) Employed full time as a narcotics agent by a county narcotics agency created pursuant to section 307. See Ohio Code 145.01

• Earnable salary: includes the following:

  (a) Payments made by the employer in lieu of salary, wages, or other earnings for sick leave, personal leave, or vacation used by the contributor;

  (b) Payments made by the employer for the conversion of sick leave, personal leave, and vacation leave accrued, but not used if the payment is made during the year in which the leave is accrued, except that payments made pursuant to section 124. See Ohio Code 145.01

• employer: means the employer of any public employee. See Ohio Code 145.01
• Employer contribution: means the amount paid by an employer as determined under section 145. See Ohio Code 145.01
• 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.
• Fiduciary: A trustee, executor, or administrator.
• Fiduciary: means a person who does any of the following:

  (1) Exercises any discretionary authority or control with respect to the management of the system or with respect to the management or disposition of its assets;

  (2) Renders investment advice for a fee, direct or indirect, with respect to money or property of the system;

  (3) Has any discretionary authority or responsibility in the administration of the system. 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

• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Forest-fire investigator: means a full-time employee of the department of natural resources who is appointed a forest-fire investigator under section 1503. See Ohio Code 145.01
• Fraud: Intentional deception resulting in injury to another.
• Gaming agent: means a person who is in compliance with section 109. See Ohio Code 145.01
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Hamilton county municipal court bailiff: means a person appointed by the clerk of courts of the Hamilton county municipal court under division (A)(3) of section 1901. See Ohio Code 145.01
• Head of the department: means the elective or appointive head of the several executive, judicial, and administrative departments, institutions, boards, and commissions of the state and local government as the same are created and defined by the laws of this state or, in case of a charter government, by that charter. See Ohio Code 145.01
• House sergeant at arms: means any person appointed by the speaker of the house of representatives under division (B)(1) of section 101. See Ohio Code 145.01
• in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Inter vivos: Transfer of property from one living person to another living person.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Intestate: Dying without leaving a will.
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Member: includes a PERS retirant who becomes a member under division (C) of section 145. See Ohio Code 145.01
• Municipal police officer: means a member of the organized police department of a municipal corporation who is employed full time, is in compliance with section 109. See Ohio Code 145.01
• Municipal public safety director: means a person who serves full time as the public safety director of a municipal corporation with the duty of directing the activities of the municipal corporation's police department and fire department. See Ohio Code 145.01
• Natural resources law enforcement staff officer: means a full-time employee of the department of natural resources who is designated a natural resources law enforcement staff officer under section 1501. See Ohio Code 145.01
• Natural resources officer: means a full-time employee of the department of natural resources who is appointed as a natural resources officer under section 1501. See Ohio Code 145.01
• Oath: includes affirmation, and "swear" includes affirm. See Ohio Code 1.59
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Ohio service credit: means credit for service that was rendered to the state or any of its political subdivisions or any employer. See Ohio Code 145.01
• Park district police officer: means a full-time employee of a park district who is designated pursuant to section 511. See Ohio Code 145.01
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Pension reserve: means the present value, computed upon the basis of the mortality and other tables adopted by the board, of all payments to be made on account of any retirement allowance or benefit in lieu of any retirement allowance, granted to a member or beneficiary under this chapter. See Ohio Code 145.01
• Pensions: means annual payments for life derived from contributions made by the employer that at the time of retirement are credited into the annuity and pension reserve fund from the employers' accumulation fund and paid from the annuity and pension reserve fund as provided in this chapter. See Ohio Code 145.01
• PERS defined benefit plan: means the plan described in sections 145. See Ohio Code 145.01
• PERS defined contribution plans: means the plan or plans established under section 145. See Ohio Code 145.01
• PERS law enforcement officer: means a sheriff or any of the following whose primary duties are to preserve the peace, protect life and property, and enforce the laws of this state: a deputy sheriff, township constable or police officer in a township police department or district, drug agent, department of public safety enforcement agent, natural resources law enforcement staff officer, wildlife officer, forest-fire investigator, natural resources officer, park district police officer, conservancy district officer, veterans' home police officer, special police officer for a mental health institution, special police officer for an institution for persons with developmental disabilities, state university law enforcement officer, municipal police officer, house sergeant at arms, assistant house sergeant at arms, regional transit authority police officer, or state highway patrol police officer. See Ohio Code 145.01
• PERS public safety officer: means a Hamilton county municipal court bailiff, or any of the following whose primary duties are other than to preserve the peace, protect life and property, and enforce the laws of this state: a deputy sheriff, township constable or police officer in a township police department or district, drug agent, department of public safety enforcement agent, natural resources law enforcement staff officer, wildlife officer, forest-fire investigator, natural resources officer, park district police officer, conservancy district officer, veterans' home police officer, special police officer for a mental health institution, special police officer for an institution for persons with developmental disabilities, state university law enforcement officer, municipal police officer, house sergeant at arms, assistant house sergeant at arms, regional transit authority police officer, or state highway patrol police officer. See Ohio Code 145.01
• Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
• Personal property: All property that is not real property.
• Property: means real and personal property. See Ohio Code 1.59
• 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

• public employer: means 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 medical university, 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 this division not covered by section 742. See Ohio Code 145.01
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Regional transit authority police officer: means a person who is employed full time as a regional transit authority police officer under division (Y) of section 306. See Ohio Code 145.01
• Regular interest: means interest at any rates for the respective funds and accounts as the public employees retirement board may determine from time to time. See Ohio Code 145.01
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• 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
• Rule: includes regulation. See Ohio Code 1.59
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Special police officer for a mental health institution: means any person who is designated as such pursuant to section 5119. See Ohio Code 145.01
• Special police officer for a municipal airport: means a person to whom both of the following apply:

  (1) The person is employed full time as a special police officer with a municipal corporation at a municipal airport or other municipal air navigation facility that meets both of the following requirements:

  (a) The airport or navigation facility has scheduled operations, as defined in 14 C. See Ohio Code 145.01

• Special police officer for a port authority: means a person who is in compliance with section 109. See Ohio Code 145.01
• Special police officer for an institution for persons with intellectual disabilities: means any person who is designated as such pursuant to section 5123. See Ohio Code 145.01
• state: means the state of Ohio. See Ohio Code 1.59
• State highway patrol police officer: means a special police officer employed full time and designated by the superintendent of the state highway patrol pursuant to section 5503. See Ohio Code 145.01
• State retirement board: means the public employees retirement board, the school employees retirement board, or the state teachers retirement board. See Ohio Code 145.01
• State university law enforcement officer: means any person who is employed full time as a state university law enforcement officer pursuant to section 3345. See Ohio Code 145.01
• Subpoena: A command to a witness to appear and give testimony.
• Township constable or police officer in a township police department or district: means any person who is commissioned and employed as a full-time peace officer pursuant to Chapter 505. See Ohio Code 145.01
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• United States: includes all the states. See Ohio Code 1.59
• Whoever: includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private. See Ohio Code 1.02
• Wildlife officer: means a full-time employee of the department of natural resources who is designated a wildlife officer under section 1531. See Ohio Code 145.01