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Ohio Revised Code

Ohio Rev. Code § 145.32 (2026)

Age and service retirement

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Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
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Eligibility of members of the public employees retirement system, including for members described in section 145.196 of the Revised Code and other than those subject to section 145.332 of the Revised Code, for age and service retirement shall be determined under this section.

(A) A member is eligible for age and service retirement under this division if, not later than five years after January 7, 2013, the member meets one of the following requirements:

(1) Has five or more years of total service credit and has attained age sixty;

(2) Has twenty-five or more years of total service credit and has attained age fifty-five;

(3) Has thirty or more years of total service credit at any age.

(B)(1) A member who would be eligible to retire not later than ten years after January 7, 2013, if the requirements of this section as they existed immediately prior to January 7, 2013, were still in effect is eligible to retire under this division if the member meets one of the following requirements:

(a) Has five or more years of total service credit and has attained age sixty;

(b) Has twenty-five or more years of total service credit and has attained age fifty-five;

(c) Has thirty-one or more years of total service credit and has attained age fifty-two;

(d) Has thirty-two or more years of total service credit at any age.

(2) A member who on January 7, 2013, has twenty or more years of total service credit is eligible for age and service retirement under this division on meeting one of the requirements of division (B)(1) of this section, regardless of when the member meets the requirement unless, between January 7, 2013, and the date the member meets the requirement, the member receives a refund of accumulated contributions under section 145.40 of the Revised Code.

(C) A member who is not eligible for age and service retirement under division (A) or (B) of this section, or who became a member on or after January 7, 2013, is eligible for age and service retirement under this division if the member meets one of the following requirements:

(1) Has five years or more of total service credit and has attained age sixty-two;

(2) Has twenty-five years or more of total service credit and has attained age fifty-seven;

(3) Has thirty-two years or more of total service credit and has attained age fifty-five.

(D) Service credit purchased or obtained under this chapter shall be used in determining whether a member has the number of years of total service credit required under division (A) or (B) of this section only if the member was a member on January 7, 2013, or obtains credit under section 145.483 of the Revised Code that would have made the member a member on that date and one of the following applies:

(1) Except in the case of service credit that has been or will be purchased or obtained under section 145.295 or 145.37 of the Revised Code or is for service covered by the Cincinnati retirement system:

(a) For division (A) of this section, the service credit purchase is completed or the service credit is obtained not later than five years after January 7, 2013.

(b) For division (B) of this section, the service credit purchase is completed or the service credit is obtained not later than ten years after January 7, 2013.

(2) In the case of service credit that has been or will be purchased or obtained under section 145.295 or 145.37 of the Revised Code or is for service covered by the Cincinnati retirement system:

(a) For division (A) of this section, the service for which the credit has been or will be purchased or obtained occurs not later than five years after January 7, 2013.

(b) For division (B) of this section, the service for which the credit has been or will be purchased or obtained occurs not later than ten years after January 7, 2013.

(E) A member seeking to retire shall file with the board an application for retirement. Service retirement shall be effective on the first day of the month immediately following the later of:

(1) The last day for which compensation was paid;

(2) The attainment of minimum age or service credit eligibility provided under this section;

(3) Ninety days prior to receipt by the board of the member's completed application for retirement.

An employer may, except as otherwise provided in the "Age Discrimination in Employment Act of 1967," as amended, 81 Stat. 602, 29 U.S.C. 621 to 634, as of the thirtieth day of June of any year, terminate the employment of any member who has attained the age of seventy years. A member may at the time of retirement by written designation duly executed and filed with the public employees retirement board designate a beneficiary to receive any installment which may remain unpaid at the time of death. Except as provided in section 145.46 of the Revised Code, after the date of retirement such nomination shall not be changed if the member elects to receive the member's retirement allowance computed as provided in section 145.46 of the Revised Code as a joint-life plan or multiple-life plan.

Last updated August 15, 2023 at 1:34 PM

Notes of Decisions
Cited in 17 cases, 1959–2020 · leading case: Buzzard v. Pub. Employees Ret. Sys., 745 N.E.2d 442 (Ohio Ct. App. 10th Dist. 2000).
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Buzzard v. Pub. Employees Ret. Sys., 745 N.E.2d 442 (Ohio Ct. App. 10th Dist. 2000). · cites it 5× “Pursuant to R.C. 145.32, the decedent’s retirement was then effective on November 1, 1997.”
State ex rel. Tarrier v. Pub. Emps. Ret. Bd., 2020-Ohio-681. · cites it 4× “343, which amended R.C. 145.32, the provision governing age and service retirement eligibility, effective January 7, 2013.”
Betts v. Hamilton Cnty. Bd. of Mental Retardation, 631 F. Supp. 1198 (S.D. Ohio 1986). · cites it 2× “50 per month on “voluntary retirement”, based upon her six years of membership in the PERS and is ineligible for regular re-employment in any capacity pursuant to the voluntary and compulsory retirement provisions of Ohio Rev.”
Warden v. Ohio Dept. of Nat. Resources, 2014-Ohio-35, 7 N.E.3d 533. “32, which provided, in part, that a member of the Ohio Public Employees Retirement System may file an application for retirement if the member: (1) has 5 or more years of total service credit and has attained age 60, (2) has 25 or more years of total service credit and has…”
June M. Betts v. Hamilton Cnty. Bd. of Mental Retardation & Developmental Disabilities & Pub. Employees Ret. Sys. of Ohio, 897 F.2d 1380 (6th Cir. 1990). “Ohio Rev. Code §§ 145.32 and 145.301(C). Had she been under 60, the Ohio plan would have given Betts a third option: disability benefits with the possibility of being recalled if her condition sufficiently improved.”
State ex rel. Rocco v. Cuyahoga Cty. Bd. of Elections (Slip Opinion), 2017-Ohio-4466. “) (comparing R.C. 145.32 to R.C. 145.35(C) and distinguishing “a person acting on the member’s behalf” from “member”); State ex rel.”
State ex rel. Kelly v. Judges, 206 N.E.2d 23 (Ohio Ct. App. 8th Dist. 1965). · cites it 10× “Prior to June 30, 1964, relator made application to the judges of the Cleveland Municipal Court for continuation in active service past the compulsory retirement age and presented a certification by a physician licensed to practice in the state of Ohio that relator was…”
Farmer v. Berry, 2012-Ohio-4940. · cites it 5× “20(I), which were in effect when Donald’s attorney filled out the application, 3 provide the only relevant exception to the requirement that a member must file his own application: the It is on this basis that we reject Berry’s argument that the trial court should 2 have applied…”
Brown v. Toledo Mental Hygiene Clinic, 409 N.E.2d 251 (Ohio Ct. App. 6th Dist. 1977). · cites it 2× “The trial court erred, as a matter of law, in finding that any requirement that the defendant-appellant, Toledo Mental Hygiene Clinic, places or attempts to place, upon plaintiff-appellee, which compels her retirement prior to the 30th day of June next following her attainment…”
Henslee v. McLaughlin, 562 N.E.2d 526 (Ohio Ct. App. 10th Dist. 1990). · cites it 10× “The lower court ruled that benefits will not be paid until the date of redeposit, as set forth in administrative rule 145-19-01, and this is in direct contradiction to ORC 145.32.” Henslee raises similar issues in assignments of error one and five.”
State ex rel. O'Grady v. Griffing, 2013-Ohio-2615. “Eligibility of members to receive OPERS benefits based on age and service are determined under R.C. 145.32, et seq. It also appears undisputed that, pursuant to this statute, Ms.”
Davenport v. Montgomery Cnty., 109 Ohio St. 3d 135 (2006). · cites it 2× “At the time she separated from service, Davenport was not eligible to retire, because, although she had 25 years of public service, she had not satisfied the age requirement under R.C. 145.32. The court’s policy also prohibits conversion in her case.”
Show all 17 citing cases →
Ohio Rev. Code § 145.32(A): 1 case
State ex rel. Tarrier v. Pub. Emps. Ret. Bd., 2020-Ohio-681. “343, which amended R.C. 145.32, the provision governing age and service retirement eligibility, effective January 7, 2013.”
Ohio Rev. Code § 145.32(D): 1 case
State ex rel. Tarrier v. Pub. Emps. Ret. Bd., 2020-Ohio-681. “343, which amended R.C. 145.32, the provision governing age and service retirement eligibility, effective January 7, 2013.”
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