In the case of State ex rel. Willer v. Ohio Public Emps. Retirement Sys., 2021-Ohio-4575, the Tenth District Court of Appeals held that the denial of a city employee’s petition for a writ of mandamus to compel the state public retirement system (“OPERS”) to allow continued service credit for the employee was proper.
Here, the employee was a retired police officer who began drawing a pension from a separate police pension fund and became an “other system retirant”. The employee sought to compel OPERS to convert the employee’s money purchase plan account to a traditional pension plan and to allow continued service credit towards retirement.
The Court of Appeals reasoned that the denial of the employee’s petition was proper because the employee did not establish a clear legal right to the requested relief and because the employee could continue to contribute to OPERS during the employee’s city employment, but such contributions would apply to a money market, rather than a pension plan.
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.