Prosecutor: Montgomery County employees short-changed by Ohio pension fund


The Ohio Public Retirement System has failed to fully account for the income of 194 Montgomery County employees when calculating pension benefits, according to complaints filed Tuesday with the Supreme Court of Ohio.

Separate filings by the Montgomery County Prosecutor’s Office and the Montgomery County Clerk of Courts each allege the Ohio Public Retirement Board made determinations that were “arbitrary and capricious, singling out limited employees with no basis or explanation.”

MORE: County sales tax repeal group pushes to meet this week’s deadline

“For years, OPERS has accepted end-of-year compensation as part of the ‘total compensation’ of county employees,” said Mat Heck Jr., the county prosecutor. “Not only is it unfair to treat employees unequally, but OPERS actions negatively affect an employees pension when they retire.”

The county offices claim OPERS improperly excluded year-end lump sum compensation payments from the calculation of the total “earnable salary” paid to the 194 employees, but not others in the same offices.

More than half of the employees work in the Montgomery County Prosecutor’s office while the remainder are spread across the offices of auditor, public defender, Board of Elections, engineer, county clerk of courts and the county’s municipal courts.

The county is asking the Supreme Court of Ohio to compel the OPERS to designate all compensation as earnable salary to the OPERS fund when calculating pension contributions.

Karl A. Kuszaj, an OPERS finance and compliance supervisor, disputed many of the county’s assertions — some based on incomplete documentation provided by the county — in a June 2017 letter to Heck.

MORE: Big returns help bolster Ohio’s five public pension funds

For up to a dozen years, according to the filing, county employees have received a portion of their compensation in a lump sum payment near the end of the year dependent upon the county office’s budget savings throughout the year. The payments are based on merit or longevity of service, according to the county.

The payments in question were made to the employees in December 2016 and December 2017 and ranged from $250 to $20,375.

County public employees are required to enroll in the OPERS system, therefore do not participate in Social Security.



Reader Comments ...


Next Up in Local

Baby alligator walks into South Florida gas station
Baby alligator walks into South Florida gas station

So, this baby gator walks into a gas station … >> Read more trending news  It sounds like a beginning of a bad barroom joke, but attendants at a gasoline station in South Florida were not amused when the reptile strolled into their building early Tuesday, WPLG reported. “You have a what in where?” the dispatcher at...
Man flees in minivan with 3-year-old child, shoots at officers, police say
Man flees in minivan with 3-year-old child, shoots at officers, police say

A man accused of shooting at Baltimore police while fleeing in a minivan that contained a 3-year-old girl was arrested Monday night, The Baltimore Sun reported. >> Read more trending news  Butch Brandford, 32, was charged with first- and second-degree assault, multiple handgun violations and assault by shooting, police said. No officers...
Consumers are about to feel the effects of tariffs on Chinese goods. Here’s how.
Consumers are about to feel the effects of tariffs on Chinese goods. Here’s how.

The escalating tariffs on Chinese goods haven’t hit most consumers just yet, but that’s about to change. Every American household — especially low- and middle-income families — could start feeling the pinch as early as January. The Trump administration this year has issued three rounds of tariffs — each one followed by...
Dayton man indicted for February deadly crash
Dayton man indicted for February deadly crash

A Dayton man was indicted on 10 charges connected to the death of a 57-year-old man struck by a vehicle on Free Pike in February. Charley R. Strickland, 38, was indicted by a grand jury on four counts of aggravated vehicular homicide, two counts of OVI, two counts of aggravated vehicular assault and two counts of vehicular assault, records show...
Sheriff reacts to charges in sex offender death: ‘This meth is going to be problematic for us’
Sheriff reacts to charges in sex offender death: ‘This meth is going to be problematic for us’

A New Mexico “drifter” was arrested in Wisconsin and charged with the murder of a registered sex offender found in a field in Clay Twp. off Arlington Road on A. Brown & Sons Nursery property. Montgomery County Sheriff Phil Plummer said David Savage, 61, admitted to investigators that he killed Steven T. Johnson, 47, of Clay Twp. during...
More Stories