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Ohio Revised Code

Ohio Rev. Code § 145.36 (2026)

Benefits upon disability retirement

✓ current as of May 2026
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Effective:
January 7, 2013
Latest Legislation:
Senate Bill 343 - 129th General Assembly
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A member who has elected disability coverage under this section, has not attained the applicable age, and is determined by the public employees retirement board under section 145.35 of the Revised Code to qualify for a disability benefit shall be retired on disability under this section.

The applicable age is sixty if the member is described in division (A) or (B) of section 145.32 or division (A), (B), or (E)(1), (3), or (4) of section 145.332 of the Revised Code. It is sixty-two if the member is described in division (C) of section 145.32 or division (E)(2) or (5) of section 145.332 of the Revised Code.

Upon disability retirement, a member shall receive an annual amount that shall consist of:

(A) An annuity having a reserve equal to the amount of the retirant's accumulated contributions;

(B) A pension that shall be the difference between the member's annuity and an annual amount determined by multiplying the total service credit of the retirant, and in addition thereto the projected number of years and fractions thereof between the effective date of the member's disability retirement and attainment of the applicable age, assuming continuous service, by two and two-tenths per cent of the member's final average salary.

Where the recipient is not receiving a disability benefit under section 145.37 of the Revised Code and is receiving a disability benefit from either the state teachers retirement system or the school employees retirement system, the recipient shall not be eligible for service credit based upon the number of years and fractions thereof between the date of disability and attained age sixty as provided for in this division.

In no case shall disability retirement be less than thirty per cent or more than seventy-five per cent of the member's final average salary, except that it shall not exceed any limit to which the retirement system is subject under section 415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended.

A year of service for the purpose of disability retirement is a complete year of full-time employment, or the equivalent thereof. The public employees retirement board is the final authority in determining the eligibility of a member for disability retirement.
Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1985–2022 · leading case: Pub. Employees Ret. Sys. of Ohio v. Betts, 492 U.S. 158 (1989).
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Pub. Employees Ret. Sys. of Ohio v. Betts, 492 U.S. 158 (1989). · cites it 2× “Ohio Rev. Code Ann. § 145.36 (1984). No such floor applies in the case of employees receiving age-and-service retirement payments.”
State ex rel. Powell v. Ohio Pub. Emps. Ret. Sys. (Slip Opinion), 2021 Ohio 4030 (Ohio 2021). · cites it 4× “Fiduciary Duty {¶ 20} Powell bases his fiduciary-duty argument on the portion of R.C. 145.36 that states that the members whom OPERS determines qualify for disability benefits “shall be retired on disability.”
Betts v. Hamilton Cnty. Bd. of Mental Retardation, 631 F. Supp. 1198 (S.D. Ohio 1986). · cites it 2× “See Ohio Rev.Code § 145.36. Moreover, a disability retirant retains his membership status in PERS and is considered on leave of absence from his position during the first five years on the retired list.”
Gleason v. Ohio Bureau of Emp. Servs., 478 N.E.2d 225 (Ohio 1985). · cites it 3× “” 6 Ohio’s disability retirement program is defined in R.C. 145.36 as consisting of “[a]n annuity having a reserve equal to the amount of the retirant’s accumulated contributions” (R.”
Ware v. Ware, 2014 Ohio 2606 (Ohio Ct. App. 2014). · cites it 2× “Appellant notes that under the provisions of the disability plan applicable to him, PERS granted him an additional period of roughly eight years of "instant service credit" (see R.C. 145.36) when he went on disability at age 52, reflective of the number of years left until age…”
State ex rel. Sanderlin v. State Teachers Ret. Sys., 2022 Ohio 2032 (Ohio Ct. App. 2022). · cites it 2× “The Supreme Court of Ohio in Powell again noted the exception to ERISA regulation: Powell bases his fiduciary-duty argument on the portion of R.C. 145.36 that states that the members whom OPERS determines qualify for disability benefits "shall be retired on disability.”
State ex rel. Cornely v. Ohio Pub. Emps. Ret. Sys., 2013 Ohio 4205 (Ohio Ct. App. 2013). “{¶ 76} Because R.C. 145.36 provides that, unless waived by the board, disability recipients must undergo annual medical examinations by an examining physician or a No.”
Head v. Head, 2018 Ohio 1236 (Ohio Ct. App. 2018). · cites it 7× “John began receiving a “joint original plan disability benefit” from OPERS on May 1, 2008, under R.C. 145.36, based on 29.833 years of contributing service.”
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