In the case of State ex rel. Clift v. School Emps. Retirement Sys., 2019-Ohio-1896, an Ohio appellate court held that a public worker could not use worker’s compensation time when calculating time under the State Employee Retirement System of Ohio (“SERS”) deadline for applying for disability retirement.
In this case, a school bus driver was injured while working and received disability benefits under Ohio’s worker’s compensation system. After several years of receiving worker’s compensation benefits, the bus driver applied for SERS disability retirement. SERS denied the bus driver’s application as SERS requires applicants to apply “within two years of the date of [the employee’s] last day of contributing service” and SERS refused to count the bus driver’s worker’s compensation time as “contributing service.” State ex rel. Clift at ¶ 3.
The appellate court agreed with SERS and held that “contributing service” does not include worker’s compensation time. As a result, the bus driver’s last actual work day began the timeline to apply for disability retirement with SERS.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.