In the case of Sherman v. Ohio Pub. Emps. Retirement Sys., 2019-Ohio-278, an Ohio appellate court held that Ohio Public Employees Retirement System (“OPERS”) retire-rehire “double dipping” is not against public policy.
In this case, an OPERS retiree sought class certification on behalf of all OPERS retirees for whom OPERS withheld a portion of their health insurance premium monies due to their reemployment in an OPERS-covered position. OPERS defended its withholdings by arguing that public policy prohibits OPERS retire-rehires from “double-dipping” in state monies when they are rehired by OPERS covered employers.
The Ohio appellate court rejected this “double-dipping” argument finding that “there is no general policy of discouraging OPERS retirees from returning to work in OPERS-covered positions.” Sherman at 6. The court further explained that, since OPERS-covered employers already contribute to the benefits of OPERS-covered employees, such “employee’s status as an OPERS retiree does not impose any additional costs to the state.” Sherman at ¶ 20.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
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