Thomas G. Wright and Estate of Rosemary K. Wright, Deceased, Thomas G. Wright, Personal Representative - Page 6

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          eligibility requirements.  He applied for disability retirement             
          benefits from STRS in February 1977, and his application was                
          approved that same year.                                                    
               The STRS Employer’s Manual sets forth the required                     
          contribution rates for STRS members and their employers.  These             
          contribution rates show the percentage of each member’s                     
          compensation contributed to STRS by the member and by the                   
          employer.  STRS also published a brochure entitled “Disability              
          Retirement” describing the program, including sections on                   
          eligibility requirements and taxes.  Notably, the STRS                      
          publications do not indicate any specific portion of an                     
          employee’s contribution which funds the disability benefit.                 
               Neither the extent nor severity of the disability affects              
          the computation of the amount of disability benefits.  Ohio Rev.            
          Code Ann. section 3309.40 (Anderson 2002) directs calculation of            
          the benefit based on the sum of the following:  (1) The number of           
          Ohio service credits actually earned by the member, and (2) the             
          difference between the member’s age upon disability retirement              
          and age 60.3  The resulting sum is then multiplied by the “final            
          average salary”, which is the average of the 3 highest years of             
          earnings, and a specified factor.  Therefore, the amount that a             

               3 The total disability retirement benefit cannot be less               
          than 30 percent nor more than 75 percent of the member’s final              
          average salary.  Ohio Rev. Code Ann. sec. 3309.40 (Anderson                 
          2002).                                                                      





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