State ex rel. Gill v. School Emps. Retirement Sys. of Ohio

2009 Ohio 1358, 121 Ohio St. 3d 567
CourtOhio Supreme Court
DecidedMarch 31, 2009
Docket2008-1211
StatusPublished
Cited by14 cases

This text of 2009 Ohio 1358 (State ex rel. Gill v. School Emps. Retirement Sys. of Ohio) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Gill v. School Emps. Retirement Sys. of Ohio, 2009 Ohio 1358, 121 Ohio St. 3d 567 (Ohio 2009).

Opinions

Per Curiam.

{¶ 1} This is an appeal from a judgment granting a writ of mandamus to compel appellant, the School Employees Retirement System (“SERS”), to render a final decision on the merits of an appeal by appellee, William J. Gill Jr., from the retirement system’s initial denial of his application for combined disability-retirement benefits. We reverse the judgment of the court of appeals and deny the writ because SERS did not abuse its discretion in declining to decide the merits of an applicant’s appeal when the applicant has applied for and is receiving independent disability-retirement benefits from another retirement system.

Gill’s Initial Application for Combined Disability-Retirement Benefits

{¶ 2} Gill is a member of both the Public Employees Retirement System (“PERS”) and SERS. His membership in PERS began in 1988 when he was employed by the city of Cleveland and later by Cuyahoga County; his membership in SERS began when he was employed as a high school coach in 1999.

{¶ 3} In March 2003, Gill was injured when he lifted a heavy condenser pump while in the course of his employment with Cuyahoga County. He experienced excruciating pain in his low back and right leg and has not worked since.

{¶ 4} In July 2004, Gill applied for combined disability-retirement benefits with PERS. He specified in his application that he wanted to combine his PERS account with his SERS account. The county’s fiscal officer certified April 4, 2003, as the final day for which he was paid by the county. PERS then notified Gill that because his most recent public employment was covered by SERS, he was required to file his application for combined benefits with SERS rather than PERS.

Filing and Initial Denial of Second Application

{¶ 5} Gill followed PERS’s instructions and filed a disability-retirement application with SERS. He listed May 31, 2003, as his last day of paid service for his job as a high school coach. The school district’s treasurer also certified May 2003 as Gill’s last date of SERS service.

{¶ 6} In January 2005, the SERS retirement board denied Gill’s application for combined disability-retirement benefits. Gill appealed.

[569]*569Application for PERS Disability-Retirement Benefits

{¶ 7} A month after SERS’s denial of his application, Gill informed PERS that it was mistaken in concluding that his last date of service was with SERS and that he was therefore entitled to have his 2004 PERS application processed immediately. PERS again informed Gill that his most recent service was with SERS, and his PERS application for combined disability-retirement benefits could be processed only if SERS first approved his application. PERS also notified Gill that in lieu of applying for combined benefits, he could apply for disability-retirement benefits on an independent basis, i.e., solely for his 21.105 years of PERS service credit, without regard to his four years of SERS credit.

{¶ 8} Gill filed a third application, this time for independent disability-retirement benefits with PERS, while his appeal from the initial denial of his application for combined disability-retirement benefits was still pending before SERS. This application contained the following preprinted language:

{¶ 9} “If you have membership with SERS and/or STRS, this credit may be used in the calculation of your OPERS benefit or you may elect to retire on an independent basis using only OPERS service and salary. Make your choice below.”

{¶ 10} Gill checked the box below this language next to the sentence “NO, DO NOT combine my SERS and/or STRS account with my OPERS account.”

(Boldface sic.)

{¶ 11} In June 2005, PERS approved Gill’s independent application for disability-retirement benefits.

Appeal of SERS’s Denial of Combined Disability-Retirement Benefits

{¶ 12} Gill appeared with his attorney before the SERS retirement board and informed it that PERS had approved his application for independent disability-retirement benefits without regard to his SERS service. Later he notified SERS that he disputed the earlier determinations that his last covered service was with SERS rather than with PERS. Gill claimed that his last date of service was actually with the county, so that PERS should determine his application for combined disability-retirement benefits.

{¶ 13} PERS declined Gill’s request for recalculation of his disability-retirement benefits based upon his combined service with PERS and SERS, stating again that any new determination was dependent upon SERS’s action.

{¶ 14} Gill then requested that SERS decide his appeal from its denial of his application for combined benefits and that SERS recertify Gill’s final date of service so that PERS could assume control over his application. SERS rejected Gill’s requests. It reasoned that when Gill was granted independent disability from PERS, he was no longer eligible to seek combined disability-retirement [570]*570benefits. Moreover, SERS’s determination of the last date of service was supported by the treasurer’s certification and Gill’s own application for benefits.

Mandamus Case

{¶ 15} Gill subsequently filed a complaint in the Court of Appeals for Franklin County for a writ of mandamus to compel SERS to grant his application for combined disability-retirement benefits, recertify the last date of covered SERS service as March 31, 2003, transmit the recertification to PERS, and transfer all of his SERS funds to PERS. Gill also sought to compel PERS to accept the SERS recertification and transfer of funds and to administer his combined PERS/SERS disability-retirement benefits.

{¶ 16} In May 2008, the court of appeals, in a two-to-one decision, granted a writ of mandamus to compel SERS to render a final decision on Gill’s appeal.

{¶ 17} This cause is now before us upon SERS’s appeal as of right.

Mandamus — General Standard

{¶ 18} The court of appeals granted a writ of mandamus to compel SERS to decide Gill’s appeal of its initial denial of his application for combined disability-retirement benefits. To be entitled to the writ, Gill was required to establish a clear legal right to a decision on the merits of his appeal, a corresponding clear legal duty on the part of SERS to issue a merits decision, and the lack of an adequate remedy in the ordinary course of the law.

{¶ 19} For the requirements of clear legal duty and clear legal right, “ ‘mandamus is available to correct any abuse of discretion by SERS.’ ” State ex rel. VanCleave v. School Emps. Retirement Sys., 120 Ohio St.3d 261, 2008-Ohio-5377, 898 N.E.2d 33, ¶ 22, quoting State ex rel. Stiles v. School Emps. Retirement Sys., 102 Ohio St.3d 156, 2004-Ohio-2140, 807 N.E.2d 353, ¶ 13. “An abuse of discretion occurs when a decision is unreasonable, arbitrary, or unconscionable.” Id. Therefore, we must determine whether the SERS decision not to address the merits of Gill’s appeal from the denial of his application for combined disability-retirement benefits under SERS and PERS was unreasonable, arbitrary, or unconscionable.

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Cite This Page — Counsel Stack

Bluebook (online)
2009 Ohio 1358, 121 Ohio St. 3d 567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-gill-v-school-emps-retirement-sys-of-ohio-ohio-2009.