In the case of State ex rel. Richardson v. Ohio Pub. Emps. Retirement Sys., 2023-Ohio-901, an appellate court held that a retired employee did not have five years of total service credit to qualify for retirement benefits under Ohio law because she had 2.999 of contributing service credit and 2.666 years of purchased service credit.
In this case, the retired employee argued that she met the five-year-total requirement under R.C. 145.32(B)(1)(a) because her combined total was 5.665 years of service credit. In response, the retirement system argued that purchased service credit does not count towards an employee’s total service credit years under the language of R.C. 145.016(C)(1), and therefore the retired employee did not meet the five-year-total requirement. The appellate court agreed with the retirement system.
In support of its decision in favor of the retirement system, the appellate court explained that, because all statutes relating to the same general subject matter must be read in pari materia, the definition of “total service credit” as argued by the retired employee is expressly modified by R.C. 145.016(C)(1), which states: “‘five or more years of total service credit’ means five or more years of contributing service for which credit is allowed.” The appellate court further explained, “it is … undisputed that [the former employee] had only 2.999 years of contributing service credit” and therefore the former employee did not meet the five-year-total requirement to receive retirement benefits. 2023-Ohio-901 at ¶ 10.
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.