Ohio Rev. Code » Chapter 145
Ohio Revised Code

Ohio Rev. Code § 145.04 (2026)

Public employees retirement board

✓ current as of May 2026
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Effective:
January 7, 2013
Latest Legislation:
Senate Bill 343 - 129th General Assembly
PDF:
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(A) The general administration and management of the public employees retirement system and the making effective of Chapter 145. of the Revised Code, are hereby vested in a board to be known as the "public employees retirement board," which shall consist of the following members:

(1) One member, known as the treasurer of state's investment designee, who shall be appointed by the treasurer of state for a term of four years and have the following qualifications:

(a) The member is a resident of this state.

(b) Within the three years immediately preceding the appointment, the member has not been employed by the public employees retirement system, police and fire pension fund, state teachers retirement system, school employees retirement system, or state highway patrol retirement system or by any person, partnership, or corporation that has provided to one of those retirement systems services of a financial or investment nature, including management, analysis, supervision, or investment of assets.

(c) The member has direct experience in the management, analysis, supervision, or investment of assets.

(d) The member is not currently employed by the state or a political subdivision of the state.

(2) The director of administrative services;

(3) Five members, known as employee members, one of whom shall be a state employee member of the system, who shall be elected by ballot by the state employee members of the system from among their number; another of whom shall be a county employee member of the system, who shall be elected by ballot by the county employee members of the system from among their number; another of whom shall be a municipal employee member of the system, who shall be elected by ballot by the municipal employee members of the system from among their number; another of whom shall be a university or college employee member of the system, who shall be elected by ballot by the university and college employee members of the system from among their number; and another of whom shall be a park district, conservancy district, sanitary district, health district, public library, metropolitan housing authority, union cemetery, joint hospital, township, or institutional commissary employee member of the system, who shall be elected by ballot by the park district, conservancy district, sanitary district, health district, metropolitan housing authority, public library, union cemetery, joint hospital, township, and institutional commissary employee members of the system from among their number, in a manner to be approved by the board. Members of the system who are receiving a disability benefit under this chapter are ineligible for membership on the board as employee members.

(4) Two members, known as the retirant members, who shall be former members of the public employees retirement system who reside in this state and receive age and service retirement, a disability benefit, or benefits paid under a PERS defined contribution plan. The retirant members shall be elected by ballot by former members of the system who are receiving age and service retirement, a disability benefit, or benefits paid under a PERS defined contribution plan;

(5)(a) Two members, known as the investment expert members, who shall be appointed for four-year terms and each of whom shall have the following qualifications:

(i) The member is a resident of this state.

(ii) Within the three years immediately preceding the appointment, the member has not been employed by the public employees retirement system, police and fire pension fund, state teachers retirement system, school employees retirement system, or state highway patrol retirement system or by any person, partnership, or corporation that has provided to one of those retirement systems services of a financial or investment nature, including the management, analysis, supervision, or investment of assets.

(iii) The member has direct experience in the management, analysis, supervision, or investment of assets.

(b) One investment expert member shall be appointed by the governor, and one investment expert member shall be jointly appointed by the speaker of the house of representatives and the president of the senate.

(B) Any member appointed under this section shall hold office until the later of the end of the term for which the member is appointed or the date the member's successor takes office.
Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1998–2026 · leading case: State ex rel. Mallory v. Pub. Employees Ret. Bd., 82 Ohio St. 3d 235 (Ohio 1998).
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State ex rel. Mallory v. Pub. Employees Ret. Bd., 82 Ohio St. 3d 235 (Ohio 1998). “CONCLUSION The board has the specific duty under R.C. 145.04 to determine whether a person is a “public employee.”
State ex rel. Mallory v. Pub. Emp. Ret. Bd., 1998 Ohio 380 (Ohio 1998). “CONCLUSION {¶ 65} The board has the specific duty under R.C. 145.04 to determine whether a person is a “public employee.”
State Ex Rel. Keyes v. Ohio Pub. Employees Ret. Sys., 2009 Ohio 4052 (Ohio 2009). · cites it 2× “The board “may adopt rules in accordance with section 111.15 of the Revised Code for the proper administration and management of this chapter.”
State Ex Rel. Lucas Cnty. Bd. of Mental Retardation & Developmental Disabilities v. Pub. Employees Ret. Bd., 2009 Ohio 4694 (Ohio 2009). “Code 145-1-11(D) (“The retirement board’s decision on any determination conducted pursuant to this rule shall be final and determinative”). {¶ 18} Membership in the retirement system “is compulsory upon being employed and shall continue as long as public employment continues.”
Sherman v. Pub. Employees Ret. Sys. (S.D. Ohio 2023). · cites it 2× “Ohio Revised Code § 145.04 vests administrative and managerial duties of OPERS in the “public employees retirement board” (the “Board”).”
State ex rel. Haydocy v. Ohio Pub. Emps. Ret. Sys., 2026 Ohio 1928 (Ohio 2026). “R.C. 145.04(A). The board is tasked with the “general administration and management of” OPERS and with “the making effective of Chapter 145.”
Jackson A & E Assocs., Inc. v. Pub. Employees Ret. Sys., 2002 Ohio 5752 (Ohio Ct. Cl. 2002). “03 and is administered and managed by the Public Employee Retirement Board (“board”) pursuant to R.C. 145.04. R.C. 145.09, prescribing the powers and duties of the board provides: “* * * The board may sue and be sued, plead and be impleaded, contract and be contracted with.”
— Ohio Rev. Code § 145.04(A) — 1 case
State ex rel. Haydocy v. Ohio Pub. Emps. Ret. Sys., 2026 Ohio 1928 (Ohio 2026). “R.C. 145.04(A). The board is tasked with the “general administration and management of” OPERS and with “the making effective of Chapter 145.”
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