Ohio Rev. Code » Chapter 145
Ohio Revised Code

Ohio Rev. Code § 145.09 (2026)

Election of chairperson and appointment of executive director - powers and duties of board

✓ current as of May 2026
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Effective:
September 30, 2025
Latest Legislation:
House Bill 96 - 136th General Assembly
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The public employees retirement board shall elect from its membership a chairperson. The board shall appoint an executive director who shall serve as secretary to the board, an actuary, and other employees as necessary for the transaction of the business of the public employees retirement system. The compensation of all persons so appointed shall be fixed by the board. Such persons appointed by the board are not employees of the state and are not subject to Chapter 124. of the Revised Code.

Effective ninety days after September 15, 2004, the board may not employ a state retirement system investment officer, as defined in section 1707.01 of the Revised Code, who does not hold a valid state retirement system investment officer license issued by the division of securities in the department of commerce.

Every expense voucher of an employee, officer, or board member of the public employees retirement system shall itemize all purchases and expenditures.

The board shall perform other functions as required for the proper execution of this chapter, and may adopt rules in accordance with section 111.15 of the Revised Code for the proper administration and management of this chapter.

The board may take all appropriate action to avoid payment by the system or its members of federal or state income taxes on contributions to the system or amounts earned on such contributions.

Notice of proposed rules shall be given to interested parties and rules adopted by the board shall be published and otherwise made available. When it files a rule with the joint committee on agency rule review pursuant to section 111.15 of the Revised Code, the board shall submit to the Ohio retirement study council a copy of the full text of the rule, and if applicable, a copy of the rule summary and fiscal analysis required by division (B) of section 106.024 of the Revised Code.

The board may sue and be sued, plead and be impleaded, contract and be contracted with. All of its business shall be transacted, all of its funds invested, all warrants for money drawn and payments made, and all of its cash and securities and other property shall be held in the name of the board, or in the name of its nominee, provided that nominees are authorized by retirement board resolution for the purpose of facilitating the ownership and transfer of investments.

If the Ohio retirement study council establishes a uniform format for any report the board is required to submit to the council, the board shall submit the report in that format.

Last updated July 22, 2025 at 10:53 AM

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1989–2026 · leading case: Mollette v. Portsmouth City Council, 863 N.E.2d 1092 (Ohio Ct. App. 4th Dist. 2006).
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Mollette v. Portsmouth City Council, 863 N.E.2d 1092 (Ohio Ct. App. 4th Dist. 2006). “See R.C. 145.09 (the public employees retirement board); R.”
Mathews v. Ohio Pub. Employees Ret. Sys., 91 F. Supp. 3d 989 (S.D. Ohio 2015). · cites it 2× “O.R.C. § 145.09. The parties agree, however, that the procedures for providing written notice upon the termination of disability benefits and to appeal a decision terminating disability benefits do not apply where, as here, benefits were terminated as the result of the election…”
Ohio State Pharm. Assn. v. Wickham, 573 N.E.2d 148 (Ohio Ct. App. 10th Dist. 1989). “Moreover, to the extent that plaintiffs premise their standing upon the fact that the contracts were let without competitive bidding, the holdings of Control Data Corp., State, ex rel. Connors, and Angles can similarly be distinguished from this case.”
State Ex Rel. Keyes v. Ohio Pub. Employees Ret. Sys., 2009-Ohio-4052, 913 N.E.2d 972. “” R.C. 145.09. {¶ 13} One of the rules the board adopted is Ohio Adm.”
Pinkins v. Mahoning Cty. Task Force, 2021-Ohio-2414, 176 N.E.3d 76. “It cites examples of statutes that confer the legal capacity to sue and be sued on public boards, such as the public employees retirement board (R.C. 145.09), County Board of Commissioners (R.”
State ex rel. Haydocy v. Ohio Pub. Emps. Ret. Sys., 2026-Ohio-1928. · cites it 2× “Code 145-1-66 provides that OPERS may use “an electronic medium to perform an action or notice” and that such electronic medium “shall constitute a form provided or required by” OPERS.”
Jackson A & E Assocs., Inc. v. Pub. Employees Ret. Sys., 2002-Ohio-5752, 778 N.E.2d 681. · cites it 2× “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.”
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