Ohio Rev. Code » Chapter 145
Ohio Revised Code

Ohio Rev. Code § 145.561 (2026)

Acquiring vested right in pension when granted

✓ 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) Except as provided in division (B) of this section and section 145.363, 145.573, or 145.574 of the Revised Code, the granting of a retirement allowance, annuity, pension, or other benefit to any person pursuant to action of the public employees retirement board vests a right in such person, so long as the person remains the recipient of any benefit of the funds established by section 145.23 of the Revised Code, to receive such retirement allowance, annuity, pension, or other benefit at the rate fixed at the time of granting such retirement allowance, annuity, pension, or other benefit. Such right shall also be vested with equal effect in the recipient of a grant heretofore made from any of the funds named in section 145.23 of the Revised Code.

(B) This section does not apply to an increase made under section 145.323 of the Revised Code for a recipient whose benefit effective date is on or after the effective date of this amendment.
Notes of Decisions
Cited in 4 cases, 1994–2014 · leading case: John J. Mascio v. Pub. Employees Ret. Sys. of Ohio Richard E. Schumacher, 160 F.3d 310 (6th Cir. 1999).
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John J. Mascio v. Pub. Employees Ret. Sys. of Ohio Richard E. Schumacher, 160 F.3d 310 (6th Cir. 1999). “Ohio Rev.Code § 145.561. The effect of vesting is to impose a contractual obligation on the State to disburse retirement benefits.”
McAuliffe v. Bd. of Pub. Employees Ret. Sys., 638 N.E.2d 617 (Ohio Ct. App. 10th Dist. 1994). “It is not necessary directly to rely upon the doctrine of estoppel, even though its principles be applicable under the circumstances and statutory provisions herein involved, because R.C. 145.561 is dispositive of the issue.”
State ex rel. O'Grady v. Griffing (Slip Opinion), 2014-Ohio-3687, 17 N.E.3d 574. “R.C. 145.561(A) (“the granting of a retirement allowance, annuity, pension, or other benefit to any person pursuant to action of the public employees retirement board vests a right in such person, so long as the person remains the recipient of any benefit * * * ”).”
State ex rel. Budgake v. Canton, 2014-Ohio-903. · cites it 2× “563 is a subsequently enacted statute that vests total authority with PERS: Notwithstanding section 145.561 of the Revised Code: (A) The public employees retirement system may adjust an allowance or benefit payable under this chapter if an error occurred in calculation of the…”
Ohio Rev. Code § 145.561(A): 1 case
State ex rel. O'Grady v. Griffing (Slip Opinion), 2014-Ohio-3687, 17 N.E.3d 574. “R.C. 145.561(A) (“the granting of a retirement allowance, annuity, pension, or other benefit to any person pursuant to action of the public employees retirement board vests a right in such person, so long as the person remains the recipient of any benefit * * * ”).”
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