As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 535 5
1999-2000 6
REPRESENTATIVES 8
WILLAMOWSKI-TERWILLEGER-VAN VYVEN-HARTNETT-GRENDELL-
NETZLEY-CLANCY-A. CORE-MOTTLEY-HOLLISTER-VESPER 9
_________________________________________________________________ 10
A B I L L
To amend sections 145.27, 145.56, 742.41, 742.47, 12
3305.08, 3307.21, 3307.71, 3309.22, 3309.66, 14
5505.04, and 5505.22 and to enact sections 15
145.571, 742.462, 3105.80 to 3105.90, 3305.20, 16
3305.21, 3307.721, 3309.671, and 5505.261 of the 17
Revised Code to permit a state retirement system, 18
pursuant to a court order, to make payments to a 19
member's former spouse for the purpose of
dividing marital property. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That sections 145.27, 145.56, 742.41, 742.47, 24
3305.08, 3307.21, 3307.71, 3309.22, 3309.66, 5505.04, and 5505.22 27
be amended and sections 145.571, 742.462, 3105.80, 3105.81,
3105.82, 3105.83, 3105.84, 3105.85, 3105.86, 3105.87, 3105.88, 28
3105.89, 3105.90, 3305.20, 3305.21, 3307.721, 3309.671, and 29
5505.261 of the Revised Code be enacted to read as follows: 31
Sec. 145.27. (A) The treasurer of state shall furnish 45
annually to the public employees retirement board a sworn 46
statement of the amount of the funds in the treasurer's TREASURER 47
OF STATE'S custody belonging to the public employees retirement 50
system.
(B)(1) As used in this division, "personal history record" 52
means information maintained by the board on AN INDIVIDUAL WHO IS 53
a member, former member, contributor, former contributor, 55
2
retirant, or beneficiary that includes the address, telephone 56
number, social security number, record of contributions, 57
correspondence with the system, or other information the board 58
determines to be confidential.
(2) The records of the board shall be open to public 60
inspection, except for the following, which shall be excluded, 61
except with the written authorization of the individual 62
concerned: 63
(a) The individual's statement of previous service and 65
other information as provided for in section 145.16 of the 66
Revised Code; 67
(b) The amount of a monthly allowance or benefit paid to 69
the individual; 70
(c) The individual's personal history record. 72
(C) All medical reports and recommendations required by 74
sections 145.01 to 145.59 of the Revised Code are privileged, 75
except that copies of such medical reports or recommendations 76
shall be made available to the personal physician, attorney, or 77
authorized agent of the individual concerned upon written release 78
from the individual or the individual's agent, or when necessary 80
for the proper administration of the fund, to the board assigned 81
physician.
(D) Any person who is a member or contributor of the 83
system shall be furnished with a statement of the amount to the 84
credit of the individual's account upon written request. The 86
board is not required to answer more than one such request of a 87
person in any one year. The board may issue annual statements of 88
accounts to members and contributors. 89
(E) Notwithstanding the exceptions to public inspection in 91
division (B)(2) of this section, the board may furnish the 92
following information: 93
(1) If a member, former member, contributor, former 95
contributor, or retirant is subject to an order issued under 96
section 2907.15 of the Revised Code or is convicted of or pleads 97
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guilty to a violation of section 2921.41 of the Revised Code, on 98
written request of a prosecutor as defined in section 2935.01 of 99
the Revised Code, the board shall furnish to the prosecutor the 100
information requested from the individual's personal history 101
record. 102
(2) Pursuant to a court or administrative order issued 104
under section 3111.23 or 3113.21 of the Revised Code, the board 105
shall furnish to a court or child support enforcement agency the 106
information required under that section. 107
(3) At the written request of any person, the board shall 109
provide to the person a list of the names and addresses of 110
members, former members, contributors, former contributors, 111
retirants, or beneficiaries. The costs of compiling, copying, 112
and mailing the list shall be paid by such person. 113
(4) Within fourteen days after receiving from the director 115
of human services a list of the names and social security numbers 116
of recipients of public assistance pursuant to section 5101.181 117
of the Revised Code, the board shall inform the auditor of state 118
of the name, current or most recent employer address, and social 119
security number of each member whose name and social security 120
number are the same as that of a person whose name or social 121
security number was submitted by the director. The board and its 122
employees shall, except for purposes of furnishing the auditor of 123
state with information required by this section, preserve the 124
confidentiality of recipients of public assistance in compliance 125
with division (A) of section 5101.181 of the Revised Code. 126
(5) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.87 OF 129
THE REVISED CODE, THE PUBLIC EMPLOYEES RETIREMENT SYSTEM SHALL 130
COMPLY WITH THE ORDER. 131
ON THE WRITTEN REQUEST OF AN ALTERNATE PAYEE, AS DEFINED IN 133
SECTION 3105.80 OF THE REVISED CODE, THE SYSTEM SHALL FURNISH TO 135
THE ALTERNATE PAYEE INFORMATION ON THE AMOUNT AND STATUS OF ANY 136
AMOUNTS PAYABLE TO THE ALTERNATE PAYEE UNDER AN ORDER ISSUED 137
UNDER SECTION 3105.171 OR 3105.65 OF THE REVISED CODE. 138
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(F) A statement that contains information obtained from 140
the system's records that is signed by the executive director of 141
the retirement system and to which the system's official seal is 142
affixed, or copies of the system's records to which the signature 143
and seal are attached, shall be received as true copies of the 144
system's records in any court or before any officer of this 145
state. 146
Sec. 145.56. The right of a person AN INDIVIDUAL to a 156
pension, an annuity, or a retirement allowance itself, THE RIGHT 157
OF AN INDIVIDUAL TO any optional benefit, any other right accrued 159
or accruing to any person INDIVIDUAL, under sections 145.01 to 161
145.58 145.59 of the Revised Code, or of UNDER any municipal 162
retirement system established subject to such sections, under the 163
laws of this state or any charter, the various funds created by 164
sections 145.01 to 145.58 145.59 of the Revised Code, or under 165
such municipal retirement system, and all moneys and, 168
investments, and income thereof, FROM MONEYS OR INVESTMENTS are 169
exempt from any state tax, except the tax imposed by section 171
5747.02 of the Revised Code and are exempt from any county, 173
municipal, or other local tax, except taxes imposed pursuant to 174
section 5748.02 or 5748.08 of the Revised Code and, except as 177
provided in sections 145.57, 3105.171, 3105.65, 3111.23, and 178
3113.21 of the Revised Code, shall not be subject to execution, 180
garnishment, attachment, the operation of bankruptcy or the 181
insolvency laws, or other process of law WHATSOEVER, and shall be 182
unassignable except as specifically provided in sections 145.01 184
to 145.58 145.59, 3105.171, 3105.65, 3111.23, and 3113.21 of the 186
Revised Code.
Sec. 145.571. (A) AS USED IN THIS SECTION, "BENEFIT," 188
"LUMP SUM PAYMENT," "PARTICIPANT," AND "PUBLIC RETIREMENT 189
PROGRAM" HAVE THE SAME MEANINGS AS IN SECTION 3105.80 OF THE 190
REVISED CODE.
(B) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.171 192
OR 3105.65 OF THE REVISED CODE, THE PUBLIC EMPLOYEES RETIREMENT 193
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SYSTEM SHALL DETERMINE WHETHER THE ORDER MEETS THE REQUIREMENTS 195
OF SECTIONS 3105.80 TO 3105.90 OF THE REVISED CODE. THE SYSTEM 196
SHALL RETAIN IN THE PARTICIPANT'S RECORD AN ORDER THE SYSTEM 197
DETERMINES MEETS THE REQUIREMENTS. NOT LATER THAN SIXTY DAYS 198
AFTER RECEIPT, THE SYSTEM SHALL RETURN TO THE COURT THAT ISSUED 199
THE ORDER ANY ORDER THE SYSTEM DETERMINES DOES NOT MEET THE 200
REQUIREMENTS.
(C) THE SYSTEM SHALL COMPLY WITH AN ORDER RETAINED UNDER 203
DIVISION (B) OF THIS SECTION AT THE FOLLOWING TIMES AS
APPROPRIATE: 204
(1) IF THE PARTICIPANT HAS APPLIED FOR OR IS RECEIVING A 206
BENEFIT OR HAS APPLIED FOR BUT NOT YET RECEIVED A LUMP SUM 207
PAYMENT, AS SOON AS PRACTICABLE; 208
(2) IF THE PARTICIPANT HAS NOT APPLIED FOR A BENEFIT OR 211
LUMP SUM PAYMENT, ON APPLICATION BY THE PARTICIPANT FOR A BENEFIT 212
OR LUMP SUM PAYMENT. 213
(D) IF THE SYSTEM TRANSFERS A PARTICIPANT'S SERVICE CREDIT 216
OR CONTRIBUTIONS MADE BY OR ON BEHALF OF A PARTICIPANT TO A 217
PUBLIC RETIREMENT PROGRAM THAT IS NOT NAMED IN THE ORDER, THE 219
SYSTEM SHALL DO BOTH OF THE FOLLOWING:
(1) NOTIFY THE COURT THAT ISSUED THE ORDER BY SENDING THE 222
COURT A COPY OF THE ORDER AND THE NAME AND ADDRESS OF THE PUBLIC 223
RETIREMENT PROGRAM TO WHICH THE TRANSFER WAS MADE; 224
(2) SEND A COPY OF THE ORDER TO THE PUBLIC RETIREMENT 226
PROGRAM TO WHICH THE TRANSFER WAS MADE. 227
(E) IF IT RECEIVES A PARTICIPANT'S SERVICE CREDIT OR 229
CONTRIBUTIONS AND A COPY OF AN ORDER AS PROVIDED IN DIVISION (D) 231
OF THIS SECTION, THE SYSTEM SHALL ADMINISTER THE ORDER AS IF IT 232
WERE THE PUBLIC RETIREMENT PROGRAM NAMED IN THE ORDER. 233
(F) IF A PARTICIPANT'S BENEFIT OR LUMP SUM PAYMENT IS OR 236
WILL BE SUBJECT TO MORE THAN ONE ORDER DESCRIBED IN SECTION 237
3105.81 OF THE REVISED CODE OR TO AN ORDER DESCRIBED IN SECTION 238
3105.81 OF THE REVISED CODE AND A WITHHOLDING ORDER UNDER SECTION 239
3111.23 OR 3113.21 OF THE REVISED CODE, THE SYSTEM SHALL, AFTER 242
6
DETERMINING THAT THE AMOUNTS THAT ARE OR WILL BE WITHHELD WILL 243
CAUSE THE BENEFIT OR LUMP SUM PAYMENT TO FALL BELOW THE LIMITS 244
DESCRIBED IN SECTION 3105.85 OF THE REVISED CODE, DO ALL OF THE 245
FOLLOWING: 246
(1) ESTABLISH, IN ACCORDANCE WITH DIVISION (G) OF THIS 248
SECTION AND SUBJECT TO THE LIMITS DESCRIBED IN SECTION 3105.85 OF 250
THE REVISED CODE, THE PRIORITY IN WHICH THE ORDERS ARE OR WILL BE 252
PAID BY THE SYSTEM;
(2) REDUCE THE AMOUNT PAID TO AN ALTERNATE PAYEE BASED ON 254
THE PRIORITY ESTABLISHED UNDER DIVISION (F)(1) OF THIS SECTION; 255
(3) NOTIFY, BY REGULAR MAIL, A PARTICIPANT AND ALTERNATE 258
PAYEE OF ANY ACTION TAKEN UNDER THIS DIVISION. 259
(G) A WITHHOLDING OR DEDUCTION NOTICE ISSUED UNDER SECTION 261
3111.23 OR 3113.21 OF THE REVISED CODE OR AN ORDER DESCRIBED IN 262
SECTION 3115.32 OF THE REVISED CODE HAS PRIORITY OVER ALL OTHER 263
ORDERS AND SHALL BE COMPLIED WITH IN ACCORDANCE WITH CHILD 264
SUPPORT ENFORCEMENT LAWS. ALL OTHER ORDERS ARE ENTITLED TO
PRIORITY IN ORDER OF EARLIEST RETENTION BY THE SYSTEM. THE 265
SYSTEM IS NOT TO RETAIN AN ORDER THAT PROVIDES FOR THE DIVISION 266
OF PROPERTY UNLESS THE ORDER IS FILED IN A COURT WITH 267
JURISDICTION IN THIS STATE.
(H) THE SYSTEM IS NOT LIABLE IN CIVIL DAMAGES FOR LOSS 269
RESULTING FROM ANY ACTION OR FAILURE TO ACT IN COMPLIANCE WITH 270
THIS SECTION.
Sec. 742.41. (A) As used in this section: 279
(1) "Other system retirant" has the same meaning as in 281
section 742.26 of the Revised Code. 282
(2) "Personal history record" includes a member's, former 284
member's, or other system retirant's name, address, telephone 286
number, social security number, record of contributions, 287
correspondence with the Ohio police and fire pension fund, status 289
of any application for benefits, and any other information deemed 290
confidential by the trustees of the fund. 291
(B) The treasurer of state shall furnish annually to the 293
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board of trustees of the fund a sworn statement of the amount of 294
the funds in the treasurer of state's custody belong BELONGING to 296
the Ohio police and fire pension fund. The records of the board 299
shall be open for public inspection except for the following, 300
which shall be excluded, except with the written authorization of 301
the individual concerned: 302
(1) The individual's personal history record; 304
(2) Any information identifying, by name and address, the 306
amount of a monthly allowance or benefit paid to the individual. 307
(C) All medical reports and recommendations required are 309
privileged, except that copies of such medical reports or 310
recommendations shall be made available to the personal 311
physician, attorney, or authorized agent of the individual 312
concerned upon written release received from the individual or 314
the individual's agent or, when necessary for the proper 315
administration of the fund, to the board-assigned physician. 316
(D) Any person who is a member of the fund or an other 318
system retirant shall be furnished with a statement of the amount 319
to the credit of the person's individual account upon the 321
person's written request. The board need not answer more than 322
one such request of a person in any one year. 323
(E) Notwithstanding the exceptions to public inspection in 325
division (B) of this section, the board may furnish the following 326
information: 327
(1) If a member, former member, or other system retirant 329
is subject to an order issued under section 2907.15 of the 330
Revised Code or is convicted of or pleads guilty to a violation 331
of section 2921.41 of the Revised Code, on written request of a 332
prosecutor as defined in section 2935.01 of the Revised Code, the 333
board shall furnish to the prosecutor the information requested 334
from the individual's personal history record. 335
(2) Pursuant to a court order issued under section 3113.21 337
of the Revised Code, the board shall furnish to a court or child 338
support enforcement agency the information required under that 339
8
section. 340
(3) At the request of any organization or association of 342
members of the fund, the board of trustees of the fund shall 343
provide a list of the names and addresses of members of the fund 344
and other system retirants. The board shall comply with the 345
request of such organization or association at least once a year 346
and may impose a reasonable charge for the list. 347
(4) Within fourteen days after receiving from the director 349
of human services a list of the names and social security numbers 350
of recipients of public assistance pursuant to section 5101.181 351
of the Revised Code, the board shall inform the auditor of state 352
of the name, current or most recent employer address, and social 353
security number of each member or other system retirant whose 354
name and social security number are the same as that of a person 355
whose name or social security number was submitted by the 356
director. The board and its employees shall, except for purposes 357
of furnishing the auditor of state with information required by 358
this section, preserve the confidentiality of recipients of 359
public assistance in compliance with division (A) of section 360
5101.181 of the Revised Code. 361
(5) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.87 OF 363
THE REVISED CODE, THE FUND SHALL COMPLY WITH THE ORDER. 364
ON THE WRITTEN REQUEST OF AN ALTERNATE PAYEE, AS DEFINED IN 366
SECTION 3105.80 OF THE REVISED CODE, THE FUND SHALL FURNISH TO 368
THE ALTERNATE PAYEE INFORMATION ON THE AMOUNT AND STATUS OF ANY 369
AMOUNTS PAYABLE TO THE ALTERNATE PAYEE UNDER AN ORDER ISSUED 370
UNDER SECTION 3105.171 OR 3105.65 OF THE REVISED CODE. 371
(F) A statement that contains information obtained from 373
the board's records that is signed by the secretary of the board 374
of trustees of the Ohio police and fire pension fund and to which 376
the board's official seal is affixed, or copies of the board's 377
records to which the signature and seal are attached, shall be 378
received as true copies of the board's records in any court or 379
before any officer of this state.
9
Sec. 742.462. (A) AS USED IN THIS SECTION, "BENEFIT," 381
"LUMP SUM PAYMENT," "PARTICIPANT," AND "PUBLIC RETIREMENT 382
PROGRAM" HAVE THE SAME MEANINGS AS IN SECTION 3105.80 OF THE 383
REVISED CODE.
(B) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.171 385
OR 3105.65 OF THE REVISED CODE, THE OHIO POLICE AND FIRE PENSION 388
FUND SHALL DETERMINE WHETHER THE ORDER MEETS THE REQUIREMENTS OF 389
SECTIONS 3105.80 TO 3105.90 OF THE REVISED CODE. THE FUND SHALL 390
RETAIN IN THE PARTICIPANT'S RECORD AN ORDER THE FUND DETERMINES 392
MEETS THE REQUIREMENTS. NOT LATER THAN SIXTY DAYS AFTER RECEIPT, 393
THE FUND SHALL RETURN TO THE COURT THAT ISSUED THE ORDER ANY 394
ORDER THE FUND DETERMINES DOES NOT MEET THE REQUIREMENTS. 395
(C) THE FUND SHALL COMPLY WITH AN ORDER RETAINED UNDER 398
DIVISION (B) OF THIS SECTION AT THE FOLLOWING TIMES AS
APPROPRIATE: 399
(1) IF THE PARTICIPANT HAS APPLIED FOR OR IS RECEIVING A 401
BENEFIT OR HAS APPLIED FOR BUT NOT YET RECEIVED A LUMP SUM 402
PAYMENT, AS SOON AS PRACTICABLE; 403
(2) IF THE PARTICIPANT HAS NOT APPLIED FOR A BENEFIT OR 406
LUMP SUM PAYMENT, ON APPLICATION BY THE PARTICIPANT FOR A BENEFIT 407
OR LUMP SUM PAYMENT. 408
(D) IF THE FUND TRANSFERS A PARTICIPANT'S SERVICE CREDIT 411
OR CONTRIBUTIONS MADE BY OR ON BEHALF OF A PARTICIPANT TO A 412
PUBLIC RETIREMENT PROGRAM THAT IS NOT NAMED IN THE ORDER, THE 414
FUND SHALL DO BOTH OF THE FOLLOWING:
(1) NOTIFY THE COURT THAT ISSUED THE ORDER BY SENDING THE 416
COURT A COPY OF THE ORDER AND THE NAME AND ADDRESS OF THE PUBLIC 418
RETIREMENT PROGRAM TO WHICH THE TRANSFER WAS MADE;
(2) SEND A COPY OF THE ORDER TO THE PUBLIC RETIREMENT 420
PROGRAM TO WHICH THE TRANSFER WAS MADE. 421
(E) IF IT RECEIVES A PARTICIPANT'S SERVICE CREDIT OR 423
CONTRIBUTIONS AND A COPY OF AN ORDER AS PROVIDED IN DIVISION (D) 425
OF THIS SECTION, THE FUND SHALL ADMINISTER THE ORDER AS IF IT 426
WERE THE PUBLIC RETIREMENT PROGRAM NAMED IN THE ORDER. 427
10
(F) IF A PARTICIPANT'S BENEFIT OR LUMP SUM PAYMENT IS OR 430
WILL BE SUBJECT TO MORE THAN ONE ORDER DESCRIBED IN SECTION 431
3105.81 OF THE REVISED CODE OR TO AN ORDER DESCRIBED IN SECTION 432
3105.81 OF THE REVISED CODE AND A WITHHOLDING ORDER UNDER SECTION 433
3111.23 OR 3113.21 OF THE REVISED CODE, THE FUND SHALL, AFTER 436
DETERMINING THAT THE AMOUNTS THAT ARE OR WILL BE WITHHELD WILL 437
CAUSE THE BENEFIT OR LUMP SUM PAYMENT TO FALL BELOW THE LIMITS 438
DESCRIBED IN SECTION 3105.85 OF THE REVISED CODE, DO ALL OF THE 439
FOLLOWING: 440
(1) ESTABLISH, IN ACCORDANCE WITH DIVISION (G) OF THIS 442
SECTION AND SUBJECT TO THE LIMITS DESCRIBED IN SECTION 3105.85 OF 444
THE REVISED CODE, THE PRIORITY IN WHICH THE ORDERS ARE OR WILL BE 446
PAID BY THE FUND IN ACCORDANCE WITH DIVISION (G) OF THIS SECTION;
(2) REDUCE THE AMOUNT PAID TO AN ALTERNATE PAYEE BASED ON 448
THE PRIORITY ESTABLISHED UNDER DIVISION (F)(1) OF THIS SECTION; 449
(3) NOTIFY, BY REGULAR MAIL, A PARTICIPANT AND ALTERNATE 452
PAYEE OF ANY ACTION TAKEN UNDER THIS DIVISION. 453
(G) A WITHHOLDING OR DEDUCTION NOTICE ISSUED UNDER SECTION 455
3111.23 OR 3113.21 OF THE REVISED CODE OR AN ORDER DESCRIBED IN 456
SECTION 3115.32 OF THE REVISED CODE HAS PRIORITY OVER ALL OTHER 457
ORDERS AND SHALL BE COMPLIED WITH IN ACCORDANCE WITH CHILD 458
SUPPORT ENFORCEMENT LAWS. ALL OTHER ORDERS ARE ENTITLED TO
PRIORITY IN ORDER OF EARLIEST RETENTION BY THE FUND. THE FUND IS 459
NOT TO RETAIN AN ORDER THAT PROVIDES FOR THE DIVISION OF PROPERTY 460
UNLESS THE ORDER IS FILED IN A COURT WITH JURISDICTION IN THIS 461
STATE.
(H) THE FUND IS NOT LIABLE IN CIVIL DAMAGES FOR LOSS 463
RESULTING FROM ANY ACTION OR FAILURE TO ACT IN COMPLIANCE WITH 464
THIS SECTION.
Sec. 742.47. Except as provided in sections 742.461, 473
3105.171, 3105.65, 3111.23, and 3113.21 of the Revised Code, sums 475
of money due or to become due to any person INDIVIDUAL from the 476
Ohio police and fire pension fund are not liable to attachment, 478
garnishment, levy, or seizure under any legal or equitable 479
11
process OR ANY OTHER PROCESS OF LAW WHATSOEVER, whether such 481
THOSE sums remain with the treasurer of the fund or any officer 482
or agent of the board of trustees of the fund, or is ARE in the 483
course of transmission to the person INDIVIDUAL entitled thereto 485
TO THEM, but shall inure wholly to the benefit of such person 486
THAT INDIVIDUAL. 487
Sec. 3105.80. AS USED IN THIS SECTION AND SECTIONS 3105.81 489
TO 3105.90 OF THE REVISED CODE: 492
(A) "ALTERNATE PAYEE" MEANS A PARTY IN AN ACTION FOR 494
DIVORCE, LEGAL SEPARATION, ANNULMENT, OR DISSOLUTION OF MARRIAGE 495
WHO IS TO RECEIVE ONE OR MORE PAYMENTS FROM A BENEFIT OR LUMP SUM 496
PAYMENT UNDER AN ORDER ISSUED UNDER SECTION 3105.171 OR 3105.65 497
OF THE REVISED CODE THAT IS IN COMPLIANCE WITH SECTIONS 3105.81 498
TO 3105.90 OF THE REVISED CODE. 499
(B) "BENEFIT" MEANS A PERIODIC PAYMENT UNDER A PENSION, 501
ANNUITY, ALLOWANCE, OR OTHER TYPE OF BENEFIT, OTHER THAN A 502
SURVIVOR BENEFIT, THAT HAS BEEN OR MAY BE GRANTED TO A 503
PARTICIPANT UNDER SECTIONS 145.01 TO 145.59 OR 742.01 TO 742.61 504
OR CHAPTER 3307., 3309., OR 5505. OF THE REVISED CODE OR ANY 505
PAYMENT THAT IS TO BE MADE UNDER A CONTRACT A PARTICIPANT HAS 506
ENTERED INTO FOR THE PURPOSES OF AN ALTERNATIVE RETIREMENT PLAN. 507
(C) "LUMP SUM PAYMENT" MEANS A PAYMENT OF ACCUMULATED 509
CONTRIBUTIONS STANDING TO A PARTICIPANT'S CREDIT UNDER SECTIONS 510
145.01 TO 145.59 OR 742.01 TO 742.61 OR CHAPTER 3307., 3309., OR 511
5505. OF THE REVISED CODE OR PURSUANT TO A CONTRACT A PARTICIPANT 513
HAS ENTERED INTO FOR THE PURPOSES OF AN ALTERNATIVE RETIREMENT
PLAN AND ANY OTHER PAYMENT MADE OR THAT MAY BE MADE TO A 516
PARTICIPANT UNDER THOSE SECTIONS OR CHAPTERS ON WITHDRAWAL OF A
PARTICIPANT'S CONTRIBUTIONS. "LUMP SUM PAYMENT" INCLUDES A LUMP 518
SUM PAYMENT UNDER SECTION 145.38, 742.26, 3307.381, OR 3309.341
OF THE REVISED CODE. 519
(D) "PARTICIPANT" MEANS A MEMBER, CONTRIBUTOR, RETIRANT, 521
OR DISABILITY BENEFIT RECIPIENT WHO IS OR WILL BE ENTITLED TO A 522
BENEFIT OR LUMP SUM PAYMENT UNDER SECTIONS 145.01 TO 145.59 OR 524
12
742.01 TO 742.61 OR CHAPTER 3307., 3309., OR 5505. OF THE REVISED 525
CODE OR AN ACADEMIC OR ADMINISTRATIVE EMPLOYEE WHO ELECTS TO 526
PARTICIPATE IN AN ALTERNATIVE RETIREMENT PLAN UNDER CHAPTER 3305. 527
OF THE REVISED CODE. 528
(E) "PERSONAL HISTORY RECORD" HAS THE SAME MEANING AS IN 530
SECTION 145.27, 742.41, 3305.10, 3307.21, 3309.22, AND 5505.04 OF 531
THE REVISED CODE. 532
(F) "PUBLIC RETIREMENT PROGRAM" MEANS THE PUBLIC EMPLOYEES 534
RETIREMENT SYSTEM, OHIO POLICE AND FIRE PENSION FUND, SCHOOL 535
EMPLOYEES RETIREMENT SYSTEM, STATE TEACHERS RETIREMENT SYSTEM, 537
STATE HIGHWAY PATROL RETIREMENT SYSTEM OR AN ENTITY PROVIDING AN 538
ALTERNATIVE RETIREMENT PLAN UNDER CHAPTER 3305. OF THE REVISED 539
CODE.
Sec. 3105.81. A COURT THAT ISSUES AN ORDER UNDER SECTION 542
3105.171 OR 3105.65 OF THE REVISED CODE THAT PROVIDES FOR A 543
DIVISION OF PROPERTY THAT INCLUDES A BENEFIT OR LUMP SUM PAYMENT 545
AND REQUIRES ONE OR MORE PAYMENTS FROM A PUBLIC RETIREMENT 546
PROGRAM TO AN ALTERNATE PAYEE SHALL INCLUDE IN THE ORDER A 548
REQUIREMENT THAT THE PAYMENTS BE MADE IN ACCORDANCE WITH AND
SUBJECT TO LIMITATIONS SET FORTH IN SECTIONS 3105.82 TO 3105.90 550
OF THE REVISED CODE. 551
Sec. 3105.82. AN ORDER DESCRIBED IN SECTION 3105.81 OF THE 554
REVISED CODE SHALL MEET ALL OF THE FOLLOWING REQUIREMENTS: 556
(A) BE ON THE FORM CREATED UNDER SECTION 3105.90 OF THE 559
REVISED CODE; 560
(B) SET FORTH THE NAME AND ADDRESS OF THE PUBLIC 562
RETIREMENT PROGRAM SUBJECT TO THE ORDER OR, IF THE COURT 564
DETERMINES THAT THE PARTICIPANT HAS CONTRIBUTIONS ON DEPOSIT WITH 565
MORE THAN ONE PUBLIC RETIREMENT PROGRAM, THE NAME AND ADDRESS OF 566
EACH PUBLIC RETIREMENT PROGRAM THAT IS POTENTIALLY SUBJECT TO THE 567
ORDER;
(C) SET FORTH THE NAMES, SOCIAL SECURITY NUMBERS, AND 569
CURRENT ADDRESSES OF THE PARTICIPANT AND ALTERNATE PAYEE; 570
(D) SPECIFY THE AMOUNT TO BE PAID TO THE ALTERNATE PAYEE, 572
13
BOTH AS A MONTHLY DOLLAR AMOUNT SHOULD THE PARTICIPANT ELECT A 573
BENEFIT AND AS A ONE-TIME PAYMENT SHOULD THE PARTICIPANT ELECT A 574
LUMP SUM PAYMENT; 575
(E) REQUIRE AN INDIVIDUAL WHO IS A PARTICIPANT OR 577
ALTERNATE PAYEE TO NOTIFY THE PUBLIC RETIREMENT PROGRAM IN 578
WRITING OF A CHANGE IN THE INDIVIDUAL'S MAILING ADDRESS; 580
(F) NOTIFY THE ALTERNATE PAYEE OF THE FOLLOWING: 582
(1) THE PAYEE'S RIGHT TO PAYMENT UNDER THE ORDER IS 584
CONDITIONAL ON THE PARTICIPANT'S RIGHT TO A BENEFIT PAYMENT OR 585
LUMP SUM PAYMENT;
(2) THE POSSIBLE REDUCTION UNDER SECTION 145.571, 742.462, 587
3307.721, 3309.671, OR 5505.261 OF THE REVISED CODE OF THE AMOUNT 588
PAID TO THE ALTERNATE PAYEE;
(3) THE POSSIBLE TERMINATION OF THE PAYEE'S RIGHTS AS 591
DESCRIBED IN SECTION 3105.86 OF THE REVISED CODE. 592
Sec. 3105.83. PAYMENTS UNDER AN ORDER DESCRIBED IN SECTION 595
3105.81 OF THE REVISED CODE SHALL COMMENCE AS PROVIDED UNDER 596
SECTION 145.571, 742.462, 3305.21, 3307.721, 3309.671, OR
5505.261 OF THE REVISED CODE. AN ALTERNATE PAYEE HAS NO RIGHT OR 597
PRIVILEGE UNDER SECTIONS 145.01 TO 145.59 OR 742.01 TO 742.61 OR 598
CHAPTER 3305., 3307., 3309., OR 5505. OF THE REVISED CODE THAT IS 600
NOT PROVIDED IN THOSE SECTIONS OR CHAPTERS. 601
AN ORDER DESCRIBED IN SECTION 3105.81 OF THE REVISED CODE 604
SHALL NOT REQUIRE A PUBLIC RETIREMENT PROGRAM TO TAKE ANY ACTION 607
OR PROVIDE ANY BENEFIT, ALLOWANCE, OR PAYMENT NOT AUTHORIZED 608
UNDER THE LAW GOVERNING THE PUBLIC RETIREMENT PROGRAM.
Sec. 3105.84. AN ORDER DESCRIBED IN SECTION 3105.81 OF THE 611
REVISED CODE SHALL AUTHORIZE THE BOARD OF THE PUBLIC RETIREMENT 612
PROGRAM THAT IS OR WILL BE PAYING THE BENEFIT OR LUMP SUM PAYMENT 613
TO WITHHOLD FROM ANY BENEFIT OR PAYMENT THAT IS SUBJECT TO AN
ORDER AN AMOUNT DETERMINED BY THE PUBLIC RETIREMENT PROGRAM TO BE 614
NECESSARY TO DEFRAY THE COST OF ADMINISTERING THE ORDER. THIS 616
AMOUNT SHALL BE DIVIDED EQUALLY BETWEEN THE PARTICIPANT AND THE 617
ALTERNATE PAYEE.
14
Sec. 3105.85. (A) THE AGGREGATE AMOUNTS DESCRIBED IN 619
DIVISION (D) OF SECTION 3105.82 AND SECTION 3105.84 OF THE 621
REVISED CODE SHALL NOT DO EITHER OF THE FOLLOWING: 622
(1) IN THE CASE OF A LUMP SUM PAYMENT, EXCEED FIFTY PER 624
CENT OF THE AMOUNT OF THE LUMP SUM PAYMENT OR, IN THE CASE OF A 625
BENEFIT, REDUCE THE BENEFIT PAID TO THE PARTICIPANT BELOW THE 626
MAXIMUM AMOUNT THAT WOULD BE PERMITTED UNDER SECTION 303(b) OF 627
THE "CONSUMER CREDIT PROTECTION ACT," 15 U.S.C. 1673(b), AS 629
AMENDED, IN THE CASE OF A GARNISHMENT; 630
(2) BE WITHHELD FROM A BENEFIT OR LUMP SUM PAYMENT ACCRUED 632
UNDER SECTION 145.38, 742.26, 3307.381, OR 3309.341 OF THE 633
REVISED CODE OR UNDER AN ALTERNATIVE RETIREMENT PLAN UNDER 634
CHAPTER 3305. OF THE REVISED CODE FOR CONTRIBUTING SERVICE OR 636
CONTRIBUTIONS UNDER THOSE SECTIONS OR PLAN THAT COMMENCED AFTER 637
THE TERMINATION OF THE MARRIAGE.
(B) IF A PARTICIPANT'S BENEFIT OR LUMP SUM PAYMENT IS OR 640
WILL BE SUBJECT TO MORE THAN ONE ORDER DESCRIBED IN SECTION 641
3105.81 OF THE REVISED CODE OR TO AN ORDER DESCRIBED IN SECTION 642
3105.81 OF THE REVISED CODE AND A WITHHOLDING ORDER UNDER SECTION 643
3111.23 OR 3113.21 OF THE REVISED CODE, THE PUBLIC RETIREMENT 645
PROGRAM THAT IS OR WILL BE PAYING THE BENEFIT OR LUMP SUM PAYMENT 646
SHALL ACT IN ACCORDANCE WITH SECTION 145.571, 742.462, 3305.21, 647
3307.721, 3309.671, OR 5505.261 OF THE REVISED CODE.
Sec. 3105.86. AN ALTERNATE PAYEE'S RIGHTS UNDER AN ORDER 650
DESCRIBED IN SECTION 3105.81 OF THE REVISED CODE SHALL TERMINATE 651
ON THE EARLIER OF THE FOLLOWING: 652
(A) THE DEATH OF THE PARTICIPANT; 654
(B) THE DEATH OF THE ALTERNATE PAYEE; 656
(C) THE TERMINATION OF A BENEFIT PAID TO A PARTICIPANT 658
UNDER SECTIONS 145.01 TO 145.59 OR 742.01 TO 742.61 OR CHAPTER 660
3305., 3307., 3309., OR 5505. OF THE REVISED CODE. 662
Sec. 3105.87. THE COURT MAY ORDER A PUBLIC RETIREMENT 664
PROGRAM TO PROVIDE INFORMATION FROM A PARTICIPANT'S PERSONAL 665
HISTORY RECORD NECESSARY TO DETERMINE THE AMOUNTS DESCRIBED IN 666
15
DIVISION (D) OF SECTION 3105.82 OF THE REVISED CODE. 667
Sec. 3105.88. THE CLERK OF COURTS SHALL TRANSMIT A 669
CERTIFIED COPY OF AN ORDER DESCRIBED IN SECTION 3105.81 OF THE 671
REVISED CODE TO EACH PUBLIC RETIREMENT PROGRAM NAMED IN THE
ORDER. IF THE CLERK OF COURTS FAILS TO TRANSMIT AN ORDER, THE 673
PUBLIC RETIREMENT PROGRAM NAMED IN THE ORDER IS NOT REQUIRED TO 674
ADMINISTER THE ORDER.
THE PUBLIC RETIREMENT PROGRAM SHALL RETAIN AN ORDER IN 676
ACCORDANCE WITH SECTION 145.571, 742.462, 3305.21, 3307.721, 677
3309.671, OR 5505.261 OF THE REVISED CODE.
IF THE PUBLIC RETIREMENT PROGRAM RETURNS TO THE CLERK OF 679
COURTS AN ORDER IN ACCORDANCE WITH SECTION 145.571, 742.462, 680
3305.21, 3307.721, 3309.671, OR 5505.261 OF THE REVISED CODE, THE 681
CLERK OF COURTS SHALL NOTIFY THE COUNSEL OF RECORD THAT THE ORDER 682
WAS NOT RETAINED BY THE PUBLIC RETIREMENT PROGRAM.
Sec. 3105.89. THE COURT SHALL RETAIN JURISDICTION TO 684
MODIFY OR SUPERVISE THE IMPLEMENTATION OF AN ORDER DESCRIBED IN 685
SECTION 3105.81 OF THE REVISED CODE. 686
Sec. 3105.90. THE STATE RETIREMENT SYSTEMS SHALL JOINTLY 688
CREATE A FORM TO BE USED BY COURTS FOR ORDERS DESCRIBED IN 689
SECTION 3105.81 OF THE REVISED CODE. EACH STATE RETIREMENT 691
SYSTEM SHALL, BY RULE ADOPTED IN ACCORDANCE WITH SECTION 111.15 692
OF THE REVISED CODE, ADOPT THE FORM CREATED UNDER THIS SECTION. 694
Sec. 3305.08. Any payment, benefit, or other right 703
accruing to any electing employee under a contract the employee 705
enters into for purposes of an alternative retirement plan, any 706
contributions to the electing employee's alternative retirement 707
plan pursuant to section 3305.06 of the Revised Code, and all 708
moneys, investments, and income of those contracts are exempt 710
from any state tax, except the tax imposed by section 5747.02 of
the Revised Code and, except as provided in sections 3305.09, 712
3311.23 3105.171, 3105.65, 3111.23, and 3113.21 of the Revised 713
Code, shall not be subject to execution, garnishment, attachment, 716
the operation of bankruptcy or the insolvency law, or other 717
16
process of law, and shall be unassignable except as specifically 718
provided in this section and sections 3105.171, 3105.65, 3111.23, 719
and 3113.21 of the Revised Code and any contract the electing 721
employee has entered into for purposes of an alternative 722
retirement plan.
Sec. 3305.20. AS USED IN THIS SECTION, "PERSONAL HISTORY 724
RECORD" MEANS INFORMATION MAINTAINED BY THE ENTITY PROVIDING THE 725
ALTERNATIVE RETIREMENT PLAN IN WHICH AN EMPLOYEE PARTICIPATES 726
THAT INCLUDES THE ADDRESS, TELEPHONE NUMBER, SOCIAL SECURITY 727
NUMBER, RECORD OF CONTRIBUTIONS, CORRESPONDENCE WITH THE PLAN, OR 728
OTHER INFORMATION THE ENTITY PROVIDING THE PLAN DETERMINES TO BE 729
CONFIDENTIAL.
ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.87 OF THE 731
REVISED CODE, THE ENTITY PROVIDING THE ALTERNATIVE RETIREMENT 732
PLAN SHALL COMPLY WITH THE ORDER. 733
ON THE WRITTEN REQUEST OF AN ALTERNATE PAYEE, AS DEFINED IN 735
SECTION 3105.80 OF THE REVISED CODE, THE ENTITY PROVIDING THE 737
ALTERNATIVE RETIREMENT PLAN SHALL FURNISH TO THE ALTERNATE PAYEE 738
INFORMATION ON THE AMOUNT AND STATUS OF ANY AMOUNTS PAYABLE TO 739
THE ALTERNATE PAYEE UNDER AN ORDER ISSUED UNDER SECTION 3105.171 740
OR 3105.65 OF THE REVISED CODE. 741
Sec. 3305.21. (A) AS USED IN THIS SECTION, "BENEFIT," 743
"LUMP SUM PAYMENT," AND "PARTICIPANT" HAVE THE SAME MEANINGS AS 744
IN SECTION 3105.80 OF THE REVISED CODE.
(B) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.171 746
OR 3105.65 OF THE REVISED CODE, AN ENTITY PROVIDING A 747
PARTICIPANT'S ALTERNATIVE RETIREMENT PLAN SHALL DETERMINE WHETHER 748
THE ORDER MEETS THE REQUIREMENTS OF SECTIONS 3105.80 TO 3105.90 750
OF THE REVISED CODE. THE ENTITY SHALL RETAIN IN THE
PARTICIPANT'S RECORD AN ORDER THE ENTITY DETERMINES MEETS THE 752
REQUIREMENTS. NOT LATER THAN TEN DAYS AFTER RECEIPT, THE ENTITY 753
SHALL RETURN TO THE COURT THAT ISSUED THE ORDER ANY ORDER THE 754
ENTITY DETERMINES DOES NOT MEET THE REQUIREMENTS.
(C) THE ENTITY SHALL COMPLY WITH AN ORDER RETAINED UNDER 756
17
DIVISION (B) OF THIS SECTION AT THE FOLLOWING TIMES AS 757
APPROPRIATE:
(1) IF THE PARTICIPANT HAS APPLIED FOR OR IS RECEIVING A 759
BENEFIT OR HAS APPLIED FOR BUT NOT YET RECEIVED A LUMP SUM 760
PAYMENT, AS SOON AS PRACTICABLE;
(2) IF THE PARTICIPANT HAS NOT APPLIED FOR A BENEFIT OR 762
LUMP SUM PAYMENT, ON APPLICATION BY THE PARTICIPANT FOR A BENEFIT 763
OR LUMP SUM PAYMENT.
(D) IF AN ENTITY PROVIDING AN ALTERNATIVE RETIREMENT PLAN 765
IS REQUIRED TO TRANSFER A PARTICIPANT'S ACCOUNT BALANCE TO AN 766
ENTITY PROVIDING AN ALTERNATIVE RETIREMENT PLAN THAT IS NOT NAMED 767
IN THE ORDER, THE TRANSFERRING ENTITY SHALL DO BOTH OF THE 768
FOLLOWING:
(1) NOTIFY THE COURT THAT ISSUED THE ORDER BY SENDING THE 770
COURT A COPY OF THE ORDER AND THE NAME AND ADDRESS OF THE ENTITY 771
TO WHICH THE TRANSFER WAS MADE. 772
(2) SEND A COPY OF THE ORDER TO THE ENTITY TO WHICH THE 774
TRANSFER WAS MADE.
(E) AN ENTITY THAT RECEIVES A PARTICIPANT'S ACCOUNT 776
BALANCE AND A COPY OF AN ORDER AS PROVIDED IN DIVISION (D) OF 778
THIS SECTION, SHALL ADMINISTER THE ORDER AS IF IT WERE THE ENTITY 779
NAMED IN THE ORDER. 780
(F) IF A PARTICIPANT'S BENEFIT OR LUMP SUM PAYMENT IS OR 783
WILL BE SUBJECT TO MORE THAN ONE ORDER DESCRIBED IN SECTION 784
3105.81 OF THE REVISED CODE OR TO AN ORDER DESCRIBED IN SECTION 785
3105.81 OF THE REVISED CODE AND A WITHHOLDING ORDER UNDER SECTION 786
3111.23 OR 3113.21 OF THE REVISED CODE, THE ENTITY PROVIDING THE 788
ALTERNATIVE RETIREMENT PLAN SHALL, AFTER DETERMINING THAT THE 790
AMOUNTS THAT ARE OR WILL BE WITHHELD WILL CAUSE THE BENEFIT OR
LUMP SUM PAYMENT TO FALL BELOW THE LIMITS DESCRIBED IN SECTION 791
3105.85 OF THE REVISED CODE, DO ALL OF THE FOLLOWING: 793
(1) ESTABLISH, IN ACCORDANCE WITH DIVISION (G) OF THIS 795
SECTION AND SUBJECT TO THE LIMITS DESCRIBED IN SECTION 3105.85 OF 797
THE REVISED CODE, THE PRIORITY IN WHICH THE ORDERS ARE OR WILL BE 799
18
PAID;
(2) REDUCE THE AMOUNT PAID TO AN ALTERNATE PAYEE BASED ON 801
THE PRIORITY ESTABLISHED UNDER DIVISION (F)(1) OF THIS SECTION; 802
(3) NOTIFY, BY REGULAR MAIL, A PARTICIPANT AND ALTERNATE 805
PAYEE OF ANY ACTION TAKEN UNDER THIS DIVISION. 806
(G) A WITHHOLDING OR DEDUCTION NOTICE ISSUED UNDER SECTION 808
3111.23 OR 3113.21 OF THE REVISED CODE OR AN ORDER DESCRIBED IN 809
SECTION 3115.32 OF THE REVISED CODE HAS PRIORITY OVER ALL OTHER 810
ORDERS AND SHALL BE COMPLIED WITH IN ACCORDANCE WITH CHILD 811
SUPPORT ENFORCEMENT LAWS. ALL OTHER ORDERS ARE ENTITLED TO
PRIORITY IN ORDER OF EARLIEST RETENTION BY THE ENTITY PROVIDING A 812
PARTICIPANT'S ALTERNATIVE RETIREMENT PLAN. THE ENTITY IS NOT TO 813
RETAIN AN ORDER THAT PROVIDES FOR THE DIVISION OF PROPERTY UNLESS 814
THE ORDER IS FILED IN A COURT WITH JURISDICTION IN THIS STATE. 815
(H) AN ENTITY PROVIDING AN ALTERNATIVE RETIREMENT PLAN IS 817
NOT LIABLE IN CIVIL DAMAGES FOR LOSS RESULTING FROM ANY ACTION OR 818
FAILURE TO ACT IN COMPLIANCE WITH THIS SECTION. 819
Sec. 3307.21. (A) The treasurer of state shall furnish 828
annually to the state teachers retirement board a sworn statement 829
of the amount of the funds in the treasurer's custody belonging 831
to the state teachers retirement system.
(B)(1) As used in this division, "personal history record" 833
means information maintained by the board on AN INDIVIDUAL WHO IS 834
a member, former member, contributor, former contributor, 836
retirant, or beneficiary that includes the address, telephone 837
number, social security number, record of contributions, 838
correspondence with the system, or other information the board 839
determines to be confidential.
(2) The records of the board shall be open to public 841
inspection, except for the following, which shall be excluded, 842
except with the written authorization of the individual 843
concerned: 844
(a) The individual's personal records provided for in 846
section 3307.29 of the Revised Code; 847
19
(b) The individual's personal history record; 849
(c) Any information identifying, by name and address, the 851
amount of a monthly allowance or benefit paid to the individual. 852
(C) All medical reports and recommendations under sections 854
3307.42, 3307.44, and 3307.49 of the Revised Code are privileged, 855
except that copies of such medical reports or recommendations 856
shall be made available to the personal physician, attorney, or 857
authorized agent of the individual concerned upon written release 858
received from the individual or the individual's agent, or, when 860
necessary for the proper administration of the fund, to the board 861
assigned physician.
(D) Any person who is a member or contributor of the 863
system shall be furnished, on written request, with a statement 865
of the amount to the credit of the person's account. The board 866
need not answer more than one request of a person in any one 867
year.
(E) Notwithstanding the exceptions to public inspection in 869
division (B)(2) of this section, the board may furnish the 870
following information: 871
(1) If a member, former member, retirant, contributor, or 873
former contributor is subject to an order issued under section 874
2907.15 of the Revised Code or is convicted of or pleads guilty 875
to a violation of section 2921.41 of the Revised Code, on written 876
request of a prosecutor as defined in section 2935.01 of the 877
Revised Code, the board shall furnish to the prosecutor the 878
information requested from the individual's personal history 879
record. 880
(2) Pursuant to a court or administrative order issued 882
under section 3111.23 or 3113.21 of the Revised Code, the board 883
shall furnish to a court or child support enforcement agency the 884
information required under that section. 885
(3) At the written request of any person, the board shall 887
provide to the person a list of the names and addresses of 888
members, former members, retirants, contributors, former 889
20
contributors, or beneficiaries. The costs of compiling, copying, 890
and mailing the list shall be paid by such person. 891
(4) Within fourteen days after receiving from the director 893
of human services a list of the names and social security numbers 894
of recipients of public assistance pursuant to section 5101.181 895
of the Revised Code, the board shall inform the auditor of state 896
of the name, current or most recent employer address, and social 897
security number of each member whose name and social security 898
number are the same as that of a person whose name or social 899
security number was submitted by the director. The board and its 900
employees shall, except for purposes of furnishing the auditor of 901
state with information required by this section, preserve the 902
confidentiality of recipients of public assistance in compliance 903
with division (A) of section 5101.181 of the Revised Code. 904
(5) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.87 OF 906
THE REVISED CODE, THE SYSTEM SHALL COMPLY WITH THE ORDER. 907
ON THE WRITTEN REQUEST OF AN ALTERNATE PAYEE, AS DEFINED IN 909
SECTION 3105.80 OF THE REVISED CODE, THE SYSTEM SHALL FURNISH TO 911
THE ALTERNATE PAYEE INFORMATION ON THE AMOUNT AND STATUS OF ANY 912
AMOUNTS PAYABLE TO THE ALTERNATE PAYEE UNDER AN ORDER ISSUED 913
UNDER SECTION 3105.171 OR 3105.65 OF THE REVISED CODE. 914
(F) A statement that contains information obtained from 916
the system's records that is signed by an officer of the 917
retirement system and to which the system's official seal is 918
affixed, or copies of the system's records to which the signature 919
and seal are attached, shall be received as true copies of the 920
system's records in any court or before any officer of this 921
state. 922
Sec. 3307.71. The right of a person AN INDIVIDUAL to a 932
pension, an annuity, or a retirement allowance itself, THE RIGHT 935
OF AN INDIVIDUAL TO any optional benefit, any other right accrued 936
or accruing to any person, INDIVIDUAL under sections 3307.01 to 937
3307.74 of the Revised Code THIS CHAPTER, or the various funds 940
created by section 3307.65 of the Revised Code, and all moneys
21
and, investments, and income thereof, FROM MONEYS OR INVESTMENTS 943
are exempt from any state tax, except the tax imposed by section 944
5747.02 of the Revised Code, and are exempt from any county, 946
municipal, or other local tax, except taxes imposed pursuant to
section 5748.02 or 5748.08 of the Revised Code, and, except as 949
provided in sections 3105.171, 3105.65, 3111.23, 3113.21, and 951
3307.72 of the Revised Code, shall not be subject to execution, 952
garnishment, attachment, the operation of bankruptcy or
insolvency laws, or any other process of law whatsoever, and 953
shall be unassignable except as specifically provided in sections 956
THIS CHAPTER OR SECTION 3105.171, 3105.65, 3111.23, OR 3113.21, 957
and 3307.01 to 3307.74 of the Revised Code. 959
Sec. 3307.721. (A) AS USED IN THIS SECTION, "BENEFIT," 961
"LUMP SUM PAYMENT," "PARTICIPANT," AND "PUBLIC RETIREMENT 962
PROGRAM" HAVE THE SAME MEANINGS AS IN SECTION 3105.80 OF THE 963
REVISED CODE.
(B) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.171 965
OR 3105.65 OF THE REVISED CODE, THE STATE TEACHERS RETIREMENT 966
SYSTEM SHALL DETERMINE WHETHER THE ORDER MEETS THE REQUIREMENTS 968
OF SECTIONS 3105.80 TO 3105.90 OF THE REVISED CODE. THE SYSTEM 969
SHALL RETAIN IN THE PARTICIPANT'S RECORD AN ORDER THE BOARD 970
DETERMINES MEETS THE REQUIREMENTS. NOT LATER THAN SIXTY DAYS 971
AFTER RECEIPT, THE SYSTEM SHALL RETURN TO THE COURT THAT ISSUED 972
THE ORDER ANY ORDER THE SYSTEM DETERMINES DOES NOT MEET THE 973
REQUIREMENTS.
(C) THE SYSTEM SHALL COMPLY WITH AN ORDER RETAINED UNDER 976
DIVISION (B) OF THIS SECTION AT THE FOLLOWING TIMES AS
APPROPRIATE: 977
(1) IF THE PARTICIPANT HAS APPLIED FOR OR IS RECEIVING A 979
BENEFIT OR HAS APPLIED FOR BUT NOT YET RECEIVED A LUMP SUM 980
PAYMENT, AS SOON AS PRACTICABLE; 981
(2) IF THE PARTICIPANT HAS NOT APPLIED FOR A BENEFIT OR 984
LUMP SUM PAYMENT, ON APPLICATION BY THE PARTICIPANT FOR A BENEFIT 985
OR LUMP SUM PAYMENT. 986
22
(D) IF THE SYSTEM TRANSFERS A PARTICIPANT'S SERVICE CREDIT 988
OR CONTRIBUTIONS MADE BY OR ON BEHALF OF A PARTICIPANT TO A 989
PUBLIC RETIREMENT PROGRAM THAT IS NOT NAMED IN THE ORDER, THE 990
SYSTEM SHALL DO BOTH OF THE FOLLOWING: 991
(1) NOTIFY THE COURT THAT ISSUED THE ORDER BY SENDING TO 994
THE COURT A COPY OF THE ORDER AND THE NAME AND ADDRESS OF THE 995
PUBLIC RETIREMENT PROGRAM TO WHICH THE TRANSFER WAS MADE.
(2) SEND A COPY OF THE ORDER TO THE PUBLIC RETIREMENT 997
PROGRAM TO WHICH THE TRANSFER WAS MADE. 998
(E) IF IT RECEIVES A PARTICIPANT'S SERVICE CREDIT OR 1,000
CONTRIBUTIONS AND A COPY OF AN ORDER AS PROVIDED IN DIVISION (D) 1,002
OF THIS SECTION, THE SYSTEM SHALL ADMINISTER THE ORDER AS IF IT 1,003
WERE THE PUBLIC RETIREMENT PROGRAM NAMED IN THE ORDER. 1,004
(F) IF A PARTICIPANT'S BENEFIT OR LUMP SUM PAYMENT IS OR 1,007
WILL BE SUBJECT TO MORE THAN ONE ORDER DESCRIBED IN SECTION 1,008
3105.81 OF THE REVISED CODE OR TO AN ORDER DESCRIBED IN SECTION 1,009
3105.81 OF THE REVISED CODE AND A WITHHOLDING ORDER UNDER SECTION 1,010
3111.23 OR 3113.21 OF THE REVISED CODE, THE SYSTEM SHALL, AFTER 1,013
DETERMINING THAT THE AMOUNTS THAT ARE OR WILL BE WITHHELD WILL 1,014
CAUSE THE BENEFIT OR LUMP SUM PAYMENT TO FALL BELOW THE LIMITS 1,015
DESCRIBED IN SECTION 3105.85 OF THE REVISED CODE, DO ALL OF THE 1,016
FOLLOWING: 1,017
(1) ESTABLISH, IN ACCORDANCE WITH DIVISION (G) OF THIS 1,019
SECTION AND SUBJECT TO THE LIMITS DESCRIBED IN SECTION 3105.85 OF 1,021
THE REVISED CODE, THE PRIORITY IN WHICH THE ORDERS ARE OR WILL BE 1,023
PAID BY THE SYSTEM IN ACCORDANCE WITH DIVISION (G) OF THIS
SECTION; 1,024
(2) REDUCE THE AMOUNT PAID TO AN ALTERNATE PAYEE BASED ON 1,026
THE PRIORITY ESTABLISHED UNDER DIVISION (F)(1) OF THIS SECTION; 1,027
(3) NOTIFY, BY REGULAR MAIL, A PARTICIPANT AND ALTERNATE 1,030
PAYEE OF ANY ACTION TAKEN UNDER THIS DIVISION. 1,031
(G) A WITHHOLDING OR DEDUCTION NOTICE ISSUED UNDER SECTION 1,033
3111.23 OR 3113.21 OF THE REVISED CODE OR AN ORDER DESCRIBED IN 1,034
SECTION 3115.32 OF THE REVISED CODE HAS PRIORITY OVER ALL OTHER 1,035
23
ORDERS AND SHALL BE COMPLIED WITH IN ACCORDANCE WITH CHILD 1,036
SUPPORT ENFORCEMENT LAWS. ALL OTHER ORDERS ARE ENTITLED TO
PRIORITY IN ORDER OF EARLIEST RETENTION BY THE SYSTEM. THE 1,037
SYSTEM IS NOT TO RETAIN AN ORDER THAT PROVIDES FOR THE DIVISION 1,038
OF PROPERTY UNLESS THE ORDER IS FILED IN A COURT WITH 1,039
JURISDICTION IN THIS STATE.
(H) THE SYSTEM IS NOT LIABLE IN CIVIL DAMAGES FOR LOSS 1,041
RESULTING FROM ANY ACTION OR FAILURE TO ACT IN COMPLIANCE WITH 1,042
THIS SECTION.
Sec. 3309.22. (A) The treasurer of state shall furnish 1,051
annually to the school employees retirement board a sworn 1,052
statement of the amount of the funds in the treasurer's custody 1,054
belonging to the school employees retirement system. 1,055
(B)(1) As used in this division, "personal history record" 1,057
means information maintained by the board on AN INDIVIDUAL WHO IS 1,058
a member, former member, contributor, former contributor, 1,060
retirant, or beneficiary that includes the address, telephone 1,061
number, social security number, record of contributions, 1,062
correspondence with the system, and other information the board 1,063
determines to be confidential.
(2) The records of the board shall be open to public 1,065
inspection, except for the following, which shall be excluded, 1,066
except with the written authorization of the individual 1,067
concerned: 1,068
(a) The individual's statement of previous service and 1,070
other information as provided for in section 3309.28 of the 1,071
Revised Code; 1,072
(b) Any information identifying by name and address the 1,074
amount of a monthly allowance or benefit paid to the individual; 1,075
(c) The individual's personal history record. 1,077
(C) All medical reports and recommendations required by 1,079
the system are privileged except that copies of such medical 1,080
reports or recommendations shall be made available to the 1,081
personal physician, attorney, or authorized agent of the 1,082
24
individual concerned upon written release received from the 1,083
individual or the individual's agent, or when necessary for the 1,085
proper administration of the fund, to the board assigned 1,086
physician.
(D) Any person who is a contributor of the system shall be 1,088
furnished, on written request, with a statement of the amount to 1,090
the credit of the person's account. The board need not answer 1,091
more than one such request of a person in any one year.
(E) Notwithstanding the exceptions to public inspection in 1,093
division (B)(2) of this section, the board may furnish the 1,094
following information: 1,095
(1) If a member, former member, contributor, former 1,097
contributor, or retirant is subject to an order issued under 1,098
section 2907.15 of the Revised Code or is convicted of or pleads 1,099
guilty to a violation of section 2921.41 of the Revised Code, on 1,100
written request of a prosecutor as defined in section 2935.01 of 1,101
the Revised Code, the board shall furnish to the prosecutor the 1,102
information requested from the individual's personal history 1,103
record. 1,104
(2) Pursuant to a court or administrative order issued 1,106
under section 3111.23 or 3113.21 of the Revised Code, the board 1,107
shall furnish to a court or child support enforcement agency the 1,108
information required under that section. 1,109
(3) At the written request of any person, the board shall 1,111
provide to the person a list of the names and addresses of 1,112
members, former members, retirants, contributors, former 1,113
contributors, or beneficiaries. The costs of compiling, copying, 1,114
and mailing the list shall be paid by such person. 1,115
(4) Within fourteen days after receiving from the director 1,117
of human services a list of the names and social security numbers 1,118
of recipients of public assistance pursuant to section 5101.181 1,119
of the Revised Code, the board shall inform the auditor of state 1,120
of the name, current or most recent employer address, and social 1,121
security number of each contributor whose name and social 1,122
25
security number are the same as that of a person whose name or 1,123
social security number was submitted by the director. The board 1,124
and its employees shall, except for purposes of furnishing the 1,125
auditor of state with information required by this section, 1,126
preserve the confidentiality of recipients of public assistance 1,127
in compliance with division (A) of section 5101.181 of the 1,128
Revised Code. 1,129
(5) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.87 OF 1,131
THE REVISED CODE, THE SYSTEM SHALL COMPLY WITH THE ORDER. 1,132
ON THE WRITTEN REQUEST OF AN ALTERNATE PAYEE, AS DEFINED IN 1,134
SECTION 3105.80 OF THE REVISED CODE, THE SYSTEM SHALL FURNISH TO 1,136
THE ALTERNATE PAYEE INFORMATION ON THE AMOUNT AND STATUS OF ANY 1,137
AMOUNTS PAYABLE TO THE ALTERNATE PAYEE UNDER AN ORDER ISSUED 1,138
UNDER SECTION 3105.171 OR 3105.65 OF THE REVISED CODE. 1,139
(F) A statement that contains information obtained from 1,141
the system's records that is signed by an officer of the 1,142
retirement system and to which the system's official seal is 1,143
affixed, or copies of the system's records to which the signature 1,144
and seal are attached, shall be received as true copies of the 1,145
system's records in any court or before any officer of this 1,146
state. 1,147
Sec. 3309.66. The right of a person AN INDIVIDUAL to a 1,157
pension, an annuity, or a retirement allowance itself, THE RIGHT 1,159
OF AN INDIVIDUAL TO any optional benefit, any other right accrued 1,160
or accruing to any persons, INDIVIDUAL under sections 3309.01 to 1,161
3309.68 of the Revised Code THIS CHAPTER, or the various funds 1,163
created by section 3309.60 of the Revised Code, and all moneys 1,165
and, investments, and income thereof, FROM MONEYS AND INVESTMENTS 1,167
are exempt from any state tax, except the tax imposed by section 1,168
5747.02 of the Revised Code, and are exempt from any county, 1,169
municipal, or other local tax, except taxes imposed pursuant to
section 5748.02 or 5748.08 of the Revised Code, and, except as 1,172
provided in sections 3105.171, 3105.65, 3111.23, 3113.21, and 1,174
3309.67 of the Revised Code, shall not be subject to execution, 1,175
26
garnishment, attachment, the operation of bankruptcy or
insolvency laws, or any other process of law whatsoever, and 1,176
shall be unassignable except as specifically provided in sections 1,179
THIS CHAPTER OR SECTION 3105.171, 3105.65, 3111.23, OR 3113.21, 1,181
and 3309.01 to 3309.68 of the Revised Code. 1,182
Sec. 3309.671. (A) AS USED IN THIS SECTION, "BENEFIT," 1,184
"LUMP SUM PAYMENT," "PARTICIPANT," AND "PUBLIC RETIREMENT 1,185
PROGRAM" HAVE THE SAME MEANINGS AS IN SECTION 3105.80 OF THE 1,186
REVISED CODE.
(B) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.171 1,188
OR 3105.65 OF THE REVISED CODE, THE SCHOOL EMPLOYEES RETIREMENT 1,189
SYSTEM SHALL DETERMINE WHETHER THE ORDER MEETS THE REQUIREMENTS 1,191
OF SECTIONS 3105.80 TO 3105.90 OF THE REVISED CODE. THE SYSTEM 1,192
SHALL RETAIN IN THE PARTICIPANT'S RECORD AN ORDER THE SYSTEM 1,193
DETERMINES MEETS THE REQUIREMENTS. NOT LATER THAN SIXTY DAYS 1,194
AFTER RECEIPT, THE SYSTEM SHALL RETURN TO THE COURT THAT ISSUED 1,195
THE ORDER ANY ORDER THE SYSTEM DETERMINES DOES NOT MEET THE 1,196
REQUIREMENTS.
(C) THE SYSTEM SHALL COMPLY WITH AN ORDER RETAINED UNDER 1,199
DIVISION (B) OF THIS SECTION AT THE FOLLOWING TIMES AS
APPROPRIATE: 1,200
(1) IF THE PARTICIPANT HAS APPLIED FOR OR IS RECEIVING A 1,202
BENEFIT OR HAS APPLIED FOR BUT NOT YET RECEIVED A LUMP SUM 1,203
PAYMENT, AS SOON AS PRACTICABLE; 1,204
(2) IF THE PARTICIPANT HAS NOT APPLIED FOR A BENEFIT OR 1,207
LUMP SUM PAYMENT, ON APPLICATION BY THE PARTICIPANT FOR A BENEFIT 1,208
OR LUMP SUM PAYMENT. 1,209
(D) IF THE SYSTEM TRANSFERS A PARTICIPANT'S SERVICE CREDIT 1,211
OR CONTRIBUTIONS MADE BY OR ON BEHALF OF A PARTICIPANT TO A 1,212
PUBLIC RETIREMENT PROGRAM THAT IS NOT NAMED IN THE ORDER, THE 1,213
SYSTEM SHALL DO BOTH OF THE FOLLOWING: 1,214
(1) NOTIFY THE COURT THAT ISSUED THE ORDER BY SENDING THE 1,217
COURT A COPY OF THE ORDER AND THE NAME AND ADDRESS OF THE PUBLIC 1,218
RETIREMENT PROGRAM TO WHICH THE TRANSFER WAS MADE. 1,219
27
(2) SEND A COPY OF THE ORDER TO THE PUBLIC RETIREMENT 1,221
PROGRAM TO WHICH THE TRANSFER WAS MADE. 1,222
(E) IF IT RECEIVES A PARTICIPANT'S SERVICE CREDIT OR 1,224
CONTRIBUTIONS AND A COPY OF AN ORDER AS PROVIDED IN DIVISION (D) 1,226
OF THIS SECTION, THE SYSTEM SHALL ADMINISTER THE ORDER AS IF IT 1,227
WERE THE PUBLIC RETIREMENT PROGRAM NAMED IN THE ORDER. 1,228
(F) IF A PARTICIPANT'S BENEFIT OR LUMP SUM PAYMENT IS OR 1,231
WILL BE SUBJECT TO MORE THAN ONE ORDER DESCRIBED IN SECTION 1,232
3105.81 OF THE REVISED CODE OR TO AN ORDER DESCRIBED IN SECTION 1,233
3105.81 OF THE REVISED CODE AND A WITHHOLDING ORDER UNDER SECTION 1,234
3111.23 OR 3113.21 OF THE REVISED CODE, THE SYSTEM SHALL, AFTER 1,237
DETERMINING THAT THE AMOUNTS THAT ARE OR WILL BE WITHHELD WILL 1,238
CAUSE THE BENEFIT OR LUMP SUM PAYMENT TO FALL BELOW THE LIMITS 1,239
DESCRIBED IN SECTION 3105.85 OF THE REVISED CODE, DO ALL OF THE 1,240
FOLLOWING: 1,241
(1) ESTABLISH, IN ACCORDANCE WITH DIVISION (G) OF THIS 1,243
SECTION AND SUBJECT TO THE LIMITS DESCRIBED IN SECTION 3105.85 OF 1,245
THE REVISED CODE, THE PRIORITY IN WHICH THE ORDERS ARE OR WILL BE 1,247
PAID BY THE SYSTEM;
(2) REDUCE THE AMOUNT PAID TO AN ALTERNATE PAYEE BASED ON 1,249
THE PRIORITY ESTABLISHED UNDER DIVISION (F)(1) OF THIS SECTION; 1,250
(3) NOTIFY, BY REGULAR MAIL, A PARTICIPANT AND ALTERNATE 1,253
PAYEE OF ANY ACTION TAKEN UNDER THIS DIVISION. 1,254
(G) A WITHHOLDING OR DEDUCTION NOTICE ISSUED UNDER SECTION 1,256
3111.23 OR 3113.21 OF THE REVISED CODE OR AN ORDER DESCRIBED IN 1,257
SECTION 3115.32 OF THE REVISED CODE HAS PRIORITY OVER ALL OTHER 1,258
ORDERS AND SHALL BE COMPLIED WITH IN ACCORDANCE WITH CHILD 1,259
SUPPORT ENFORCEMENT LAWS. ALL OTHER ORDERS ARE ENTITLED TO
PRIORITY IN ORDER OF EARLIEST RETENTION BY THE SYSTEM. THE 1,260
SYSTEM IS NOT TO RETAIN AN ORDER THAT PROVIDES FOR THE DIVISION 1,261
OF PROPERTY UNLESS THE ORDER IS FILED IN A COURT WITH 1,262
JURISDICTION IN THIS STATE.
(H) THE SYSTEM IS NOT LIABLE IN CIVIL DAMAGES FOR LOSS 1,264
RESULTING FROM ANY ACTION OR FAILURE TO ACT IN COMPLIANCE WITH 1,265
28
THIS SECTION.
Sec. 5505.04. (A) The general administration and 1,274
management of the state highway patrol retirement system and the 1,275
making effective of this chapter are hereby vested in the state 1,276
highway patrol retirement board. The board may sue and be sued, 1,277
plead and be impleaded, contract and be contracted with, and do 1,278
all things necessary to carry out this chapter. 1,279
The board shall consist of the auditor of state, the 1,281
superintendent of the state highway patrol, a retirant-member who 1,282
is a resident of this state, and four employee-members. 1,283
The board shall annually elect a chairperson and 1,285
vice-chairperson from among its members. The vice-chairperson 1,286
shall act as chairperson in the absence of the chairperson. A 1,287
majority of the members of the board shall constitute a quorum 1,288
and any action taken shall be approved by four or more of the 1,289
members. The board shall meet not less than once each year, upon 1,290
sufficient notice to the members. All meetings of the board 1,291
shall be open to the public except executive sessions as set 1,292
forth in division (G) of section 121.22 of the Revised Code, and 1,293
any portions of any sessions discussing medical records or the 1,294
degree of disability of a member excluded from public inspection 1,295
by this section.
(B) The attorney general shall prescribe procedures for 1,297
the adoption of rules authorized under this chapter, consistent 1,298
with the provision of section 111.15 of the Revised Code under 1,299
which all rules shall be filed in order to be effective. Such 1,300
procedures shall establish methods by which notice of proposed 1,301
rules are given to interested parties and rules adopted by the 1,302
board published and otherwise made available. When it files a 1,304
rule with the joint committee on agency rule review pursuant to 1,305
section 111.15 of the Revised Code, the board shall submit to the 1,307
Ohio retirement study council a copy of the full text of the 1,308
rule, and if applicable, a copy of the rule summary and fiscal 1,310
analysis required by division (B) of section 127.18 of the 1,311
29
Revised Code. 1,313
(C) The retirant-member of the board shall be elected for 1,315
a four-year term by a general election of service and disability 1,316
retirants conducted in a manner approved by the board. The term 1,317
of the initial retirant-member shall commence in August 1990. A 1,318
person who at the time of retirement is an employee-member of the 1,319
board is not eligible to become a retirant-member until three 1,320
years after such person's retirement date. Employee-members of 1,322
the board shall be elected for terms of four years by a general 1,323
election of contributing members conducted in a manner approved 1,324
by the board. The term of office of each employee-member shall 1,325
commence in August of the year in which such member is elected. 1,326
Any vacancy occurring in the term of the retirant-member or any 1,328
employee-member of the board shall be filled by an election 1,329
conducted in the same manner as other retirant-member and 1,330
employee-member elections. The retirant-member or 1,331
employee-member elected shall fill the unexpired term. 1,332
(D)(1) As used in this division, "personal history record" 1,334
means information maintained by the board on AN INDIVIDUAL WHO IS 1,335
a member, former member, retirant, or beneficiary that includes 1,337
the address, telephone number, social security number, record of 1,338
contributions, correspondence with the system, and other 1,339
information the board determines to be confidential. 1,340
(2) The records of the board shall be open to public 1,342
inspection, except for the following which shall be excluded: the 1,344
member's, former member's, retirant's, or beneficiary's personal 1,345
history record and the amount of a monthly allowance or benefit 1,346
paid to a retirant, beneficiary, or survivor, except with the 1,347
written authorization of the individual concerned. All medical 1,348
reports and recommendations are privileged except that copies of 1,349
such medical reports or recommendations shall be made available 1,350
to the individual's personal physician, attorney, or authorized 1,351
agent upon written release received from such individual or such 1,352
individual's agent, or when necessary for the proper 1,353
30
administration of the fund to the board-assigned physician. 1,354
(E) Notwithstanding the exceptions to public inspection in 1,356
division (D)(2) of this section, the board may furnish the 1,357
following information: 1,358
(1) If a member, former member, or retirant is subject to 1,360
an order issued under section 2907.15 of the Revised Code or is 1,361
convicted of or pleads guilty to a violation of section 2921.41 1,362
of the Revised Code, on written request of a prosecutor as 1,363
defined in section 2935.01 of the Revised Code, the board shall 1,364
furnish to the prosecutor the information requested from the 1,365
individual's personal history record. 1,366
(2) Pursuant to a court order issued under section 3113.21 1,368
of the Revised Code, the board shall furnish to a court or child 1,369
support enforcement agency the information required under that 1,370
section. 1,371
(3) At the written request of any nonprofit organization 1,373
or association providing services to retirement system members, 1,374
retirants, or beneficiaries, the board shall provide to the 1,375
organization or association a list of the names and addresses of 1,376
members, former members, retirants, or beneficiaries if the 1,377
organization or association agrees to use such information solely 1,378
in accordance with its stated purpose of providing services to 1,379
such individuals and not for the benefit of other persons, 1,380
organizations, or associations. The costs of compiling, copying, 1,381
and mailing the list shall be paid by such entity. 1,382
(4) Within fourteen days after receiving from the director 1,384
of human services a list of the names and social security numbers 1,385
of recipients of public assistance pursuant to section 5101.181 1,386
of the Revised Code, the board shall inform the auditor of state 1,387
of the name, current or most recent employer address, and social 1,388
security number of each member whose name and social security 1,389
number are the same as those of a person whose name or social 1,390
security number was submitted by the director. The board and its 1,391
employees, except for purposes of furnishing the auditor of state 1,392
31
with information required by this section, shall preserve the 1,393
confidentiality of recipients of public assistance in compliance 1,394
with division (A) of section 5101.181 of the Revised Code. 1,395
(5) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.87 OF 1,397
THE REVISED CODE, THE SYSTEM SHALL COMPLY WITH THE ORDER. 1,398
ON THE WRITTEN REQUEST OF AN ALTERNATE PAYEE, AS DEFINED IN 1,400
SECTION 3105.80 OF THE REVISED CODE, THE SYSTEM SHALL FURNISH TO 1,402
THE ALTERNATE PAYEE INFORMATION ON THE AMOUNT AND STATUS OF ANY 1,403
AMOUNTS PAYABLE TO THE ALTERNATE PAYEE UNDER AN ORDER ISSUED 1,404
UNDER SECTION 3105.171 OR 3105.65 OF THE REVISED CODE. 1,405
(F) A statement that contains information obtained from 1,407
the system's records that is certified and signed by an officer 1,408
of the retirement system and to which the system's official seal 1,409
is affixed, or copies of the system's records to which the 1,410
signature and seal are attached, shall be received as true copies 1,411
of the system's records in any court or before any officer of 1,412
this state. 1,413
Sec. 5505.22. The right of any person INDIVIDUAL to a 1,423
pension, or to the return of accumulated contributions, payable 1,424
as provided under this chapter, and all moneys, AND investments 1,425
of the state highway patrol retirement system, and income 1,426
therefrom, FROM MONEYS OR INVESTMENTS are exempt from any state 1,427
tax, except the tax imposed by section 5747.02 of the Revised 1,429
Code, and are exempt from any county, municipal, or other local 1,430
tax, except taxes imposed pursuant to section 5748.02 or 5748.08 1,431
of the Revised Code, and, except as provided in sections 1,434
3105.171, 3105.65, 3111.23, 3113.21, and 5505.26 of the Revised 1,436
Code, shall not be subject to execution, garnishment, attachment, 1,437
the operation of bankruptcy or insolvency laws, or any other
process of law whatsoever, and shall be unassignable except as 1,439
specifically provided in this chapter. 1,440
Sec. 5505.261. (A) AS USED IN THIS SECTION, "BENEFIT," 1,442
"LUMP SUM PAYMENT," "PARTICIPANT," AND "PUBLIC RETIREMENT 1,443
PROGRAM" HAVE THE SAME MEANINGS AS IN SECTION 3105.80 OF THE 1,444
32
REVISED CODE.
(B) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.171 1,446
OR 3105.65 OF THE REVISED CODE, THE STATE HIGHWAY PATROL 1,447
RETIREMENT SYSTEM SHALL DETERMINE WHETHER THE ORDER MEETS THE 1,449
REQUIREMENTS OF SECTIONS 3105.80 TO 3105.90 OF THE REVISED CODE. 1,450
THE SYSTEM SHALL RETAIN IN THE PARTICIPANT'S RECORD AN ORDER THE 1,451
SYSTEM DETERMINES MEETS THE REQUIREMENTS. NOT LATER THAN SIXTY 1,452
DAYS AFTER RECEIPT, THE SYSTEM SHALL RETURN TO THE COURT THAT 1,453
ISSUED THE ORDER ANY ORDER THE SYSTEM DETERMINES DOES NOT MEET 1,454
THE REQUIREMENTS.
(C) THE SYSTEM SHALL COMPLY WITH AN ORDER RETAINED UNDER 1,457
DIVISION (B) OF THIS SECTION AT EITHER OF THE FOLLOWING TIMES AS 1,458
APPROPRIATE:
(1) IF THE PARTICIPANT HAS APPLIED FOR OR IS RECEIVING A 1,460
BENEFIT OR HAS APPLIED FOR BUT NOT YET RECEIVED A LUMP SUM 1,461
PAYMENT, AS SOON AS PRACTICABLE; 1,462
(2) IF THE PARTICIPANT HAS NOT APPLIED FOR A BENEFIT OR 1,465
LUMP SUM PAYMENT, ON APPLICATION BY THE PARTICIPANT FOR A BENEFIT 1,466
OR LUMP SUM PAYMENT. 1,467
(D) IF THE SYSTEM TRANSFERS A PARTICIPANT'S SERVICE CREDIT 1,469
OR CONTRIBUTIONS MADE BY OR ON BEHALF OF A PARTICIPANT TO A 1,470
PUBLIC RETIREMENT PROGRAM THAT IS NOT NAMED IN THE ORDER, THE 1,473
SYSTEM SHALL DO BOTH OF THE FOLLOWING:
(1) NOTIFY THE COURT THAT ISSUED THE ORDER BY SENDING THE 1,476
COURT A COPY OF THE ORDER AND THE NAME AND ADDRESS OF THE PUBLIC 1,477
RETIREMENT PROGRAM TO WHICH THE TRANSFER WAS MADE.
(2) SEND A COPY OF THE ORDER TO THE PUBLIC RETIREMENT 1,479
PROGRAM TO WHICH THE TRANSFER WAS MADE. 1,480
(E) IF IT RECEIVES A PARTICIPANT'S SERVICE CREDIT OR 1,482
CONTRIBUTIONS AND A COPY OF AN ORDER AS PROVIDED IN DIVISION (D) 1,484
OF THIS SECTION, THE SYSTEM SHALL ADMINISTER THE ORDER AS IF IT 1,485
WERE THE PUBLIC RETIREMENT PROGRAM NAMED IN THE ORDER. 1,486
(F) IF A PARTICIPANT'S BENEFIT OR LUMP SUM PAYMENT IS OR 1,489
WILL BE SUBJECT TO MORE THAN ONE ORDER DESCRIBED IN SECTION 1,490
33
3105.81 OF THE REVISED CODE OR TO AN ORDER DESCRIBED IN SECTION 1,491
3105.81 OF THE REVISED CODE AND A WITHHOLDING ORDER UNDER SECTION 1,492
3111.23 OR 3113.21 OF THE REVISED CODE, THE SYSTEM SHALL, AFTER 1,495
DETERMINING THAT THE AMOUNTS THAT ARE OR WILL BE WITHHELD WILL 1,496
CAUSE THE BENEFIT OR LUMP SUM PAYMENT TO FALL BELOW THE LIMITS 1,497
DESCRIBED IN SECTION 3105.85 OF THE REVISED CODE, DO ALL OF THE 1,498
FOLLOWING: 1,499
(1) ESTABLISH, IN ACCORDANCE WITH DIVISION (G) OF THIS 1,501
SECTION AND SUBJECT TO THE LIMITS DESCRIBED IN SECTION 3105.85 OF 1,503
THE REVISED CODE, THE PRIORITY IN WHICH THE ORDERS ARE OR WILL BE 1,505
PAID BY THE RETIREMENT SYSTEM IN ACCORDANCE WITH DIVISION (G) OF
THIS SECTION; 1,506
(2) REDUCE THE AMOUNT PAID TO AN ALTERNATE PAYEE BASED ON 1,508
THE PRIORITY ESTABLISHED UNDER DIVISION (F)(1) OF THIS SECTION; 1,509
(3) NOTIFY, BY REGULAR MAIL, A PARTICIPANT AND ALTERNATE 1,512
PAYEE OF ANY ACTION TAKEN UNDER THIS DIVISION. 1,513
(G) A WITHHOLDING OR DEDUCTION NOTICE ISSUED UNDER SECTION 1,515
3111.23 OR 3113.21 OF THE REVISED CODE OR AN ORDER DESCRIBED IN 1,516
SECTION 3115.32 OF THE REVISED CODE HAS PRIORITY OVER ALL OTHER 1,517
ORDERS AND SHALL BE COMPLIED WITH IN ACCORDANCE WITH CHILD 1,518
SUPPORT ENFORCEMENT LAWS. ALL OTHER ORDERS ARE ENTITLED TO
PRIORITY IN ORDER OF EARLIEST RETENTION BY THE SYSTEM. THE 1,519
SYSTEM IS NOT TO RETAIN AN ORDER THAT PROVIDES FOR THE DIVISION 1,520
OF PROPERTY UNLESS THE ORDER IS FILED IN A COURT WITH 1,521
JURISDICTION IN THIS STATE.
(H) THE SYSTEM IS NOT LIABLE IN CIVIL DAMAGES FOR LOSS 1,523
RESULTING FROM ANY ACTION OR FAILURE TO ACT IN COMPLIANCE WITH 1,524
THIS SECTION.
Section 2. That existing sections 145.27, 145.56, 742.41, 1,526
742.47, 3305.08, 3307.21, 3307.71, 3309.22, 3309.66, 5505.04, and 1,529
5505.22 of the Revised Code are hereby repealed. 1,530
Section 3. Compliance with the provisions of this act by a 1,532
public retirement program, as defined in section 3105.80 of the 1,533
Revised Code, shall not subject the program to any provisions of 1,534
34
federal law that do not otherwise apply to a governmental plan, 1,535
as defined under section 414 of the "Internal Revenue Code of 1,536
1986," 100 Stat. 2085, 26 U.S.C.A. 414(d), as amended. 1,537
Section 4. This act applies only to orders issued under 1,539
section 3105.171 or 3105.65 of the Revised Code on or after the 1,540
act's effective date.
Section 5. Sections 145.27, 3307.21, and 3309.22 of the 1,542
Revised Code are presented in this act as composites of those 1,544
sections as amended by both Am. Sub. H.B. 627 and Am. Sub. H.B. 1,545
668 of the 121st General Assembly, with the new language of 1,547
neither of the acts shown in capital letters. This is in 1,548
recognition of the principle stated in division (B) of section 1,549
1.52 of the Revised Code that such amendments are to be 1,550
harmonized where not substantively irreconcilable and constitutes 1,551
a legislative finding that such is the resulting version in 1,552
effect prior to the effective date of this act. 1,553
Section 6. Sections 1, 2, 3, 4, and 5 of this act shall 1,555
take effect one year after the effective date of this section. 1,556