Section 145-1-43 - Alternative retirement programs(A) For the purpose of this rule: (1) "Eligible employee" means an employee as defined in division (C) of section 3305.01 of the Revised Code for whom this retirement system would be the applicable state retirement system.(2) "Election period" means for an eligible employee who is eligible to make an election under division (B)(2) or (B)(3) of section 3305.05 of the Revised Code, the one hundred twenty days after the employee's first day on the institution's payroll or, in the case of a part-time employee who is transferred to a full-time position, one hundred twenty days from the first date of full-time employment. (3) "Employee" means an eligible employee.(4) "Institution" means a public institution of higher education as defined in division (A) of section 3305.01 of the Revised Code. (B)(1) Each institution that employs an employee eligible to elect an alternative retirement program shall: (a) Notify the retirement system at the time it employs the employee, but in no event later than ten days after the employee's first day on the institution's payroll.(b) Notify the retirement system at the time an employee of the institution changes to a classification which qualifies the employee to elect an alternative retirement plan, but in no event later than ten days after such change.(2) The notice required under paragraph (B)(1) of this rule shall be given on a form provided by the retirement system, and shall include the employee's name, address, social security number, date of birth, and any other information required by the retirement system.(C)(1) Elections by an employee of an alternative retirement plan shall be made on a form provided by the retirement system and completed by the employee and the institution.(2) Not later than ten days after an election is filed with the institution, the institution shall file a copy with the retirement system of the election made by an employee.(D)(1) Elections made by employees under division (B)(2) or (B)(3) of section 3305.05 of the Revised Code will be implemented no later than thirty days after a copy of the employee's election is filed with the retirement system.(2) The election, when implemented, shall be effective as of the first day upon which the employee appears on the institution's payroll or was reclassified to a position as an eligible employee.(3) Once an election is filed with the retirement system, the death of the employee shall not affect such election and the election shall be implemented and effective as set forth in this rule. (E)(1) Employee and employer contributions for an employee shall be collected and remitted to the retirement system until an election is implemented pursuant to paragraph (D)(1) of this rule.(2) Those employee and employer contributions received after the effective date of an election as determined by this rule for an employee who elects an alternative retirement plan shall be returned as unauthorized contributions to the provider identified on the form required by paragraph (C) of this rule. The amount of employer contributions refunded shall be less the amount due pursuant to division (D) of section 3305.06 of the Revised Code. (F) Not later than the thirtieth day of each month following a month in which an employee who elected an alternative retirement plan was on the institution's payroll, the institution shall:(1) Remit to the retirement system the contributions required under division (D) of section 3305.06 of the Revised Code.(2) Submit a report in a form and manner prescribed by the retirement system of all employees who elected an alternative retirement plan and appeared on the institution's payroll for the preceding month.Ohio Admin. Code 145-1-43
Effective: 1/1/2022
Five Year Review (FYR) Dates: 9/25/2025
Promulgated Under: 111.15
Statutory Authority: 145.09
Rule Amplifies: 145.012, 145.40, 3305.05, 3305.051, 3305.052, 3305.06
Prior Effective Dates: 08/01/1998, 10/31/1998, 03/27/1999, 04/05/2001, 01/01/2003, 01/01/2006, 01/01/2016