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Decrease in Retirement is Proper When No Proof of Service

In the case of State ex rel. Anderson v State Teachers Retirement Sys. Bd., 2021-Ohio-1378, an Ohio Appeals Court held that the State Teachers Retirement System (“STRS”) made a valid recalculation decreasing the retirement credit for a Superintendent who offered no proof of service for two school years.

In this case, the former Superintendent sought a declaration from the Court to reinstate retirement credit issued by the state for his service during two school years for which the Superintendent could offer no proof of service.

The STRS argued the recalculation was proper and based on “some evidence,” which is enough to receive deference in its decision, regardless of evidence offered by the seeking party. The Court of Appeals agreed that the decrease was valid.

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.

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