As Reported by House Health, Retirement and Aging Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 535 5
1999-2000 6
REPRESENTATIVES WILLAMOWSKI-TERWILLEGER-VAN VYVEN-HARTNETT- 7
GRENDELL-NETZLEY-CLANCY-A. CORE-MOTTLEY-HOLLISTER-VESPER-WILLIAMS 8
_________________________________________________________________ 9
A B I L L
To amend sections 145.27, 145.56, 145.563, 742.41, 11
742.47, 3305.08, 3307.21, 3307.71, 3307.751, 12
3309.22, 3309.66, 3309.70, 5505.04, and 5505.22 14
and to enact sections 145.571, 742.462, 742.64, 15
3105.80 to 3105.82, 3105.821, 3105.83 to 3105.90, 16
3305.20, 3305.21, 3305.22, 3307.721, 3309.671, 17
5505.261, and 5505.34 of the Revised Code to
permit a public retirement program, pursuant to a 18
court order, to make payments to a participant's 19
former spouse for the purpose of dividing marital 20
property.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That sections 145.27, 145.56, 145.563, 742.41, 24
742.47, 3305.08, 3307.21, 3307.71, 3307.751, 3309.22, 3309.66, 27
3309.70, 5505.04, and 5505.22 be amended and sections 145.571, 28
742.462, 742.64, 3105.80, 3105.81, 3105.82, 3105.821, 3105.83, 30
3105.84, 3105.85, 3105.86, 3105.87, 3105.88, 3105.89, 3105.90,
3305.20, 3305.21, 3305.22, 3307.721, 3309.671, 5505.261, and 31
5503.34 of the Revised Code be enacted to read as follows: 34
Sec. 145.27. (A) The treasurer of state shall furnish 43
annually to the public employees retirement board a sworn 44
statement of the amount of the funds in the treasurer of state's 46
custody belonging to the public employees retirement system. 47
(B)(1) As used in this division, "personal history record" 49
means information maintained by the board on AN INDIVIDUAL WHO IS 50
2
a member, former member, contributor, former contributor, 52
retirant, or beneficiary that includes the address, telephone 53
number, social security number, record of contributions, 54
correspondence with the system, or other information the board 55
determines to be confidential.
(2) The records of the board shall be open to public 57
inspection, except for the following, which shall be excluded, 58
except with the written authorization of the individual 59
concerned: 60
(a) The individual's statement of previous service and 62
other information as provided for in section 145.16 of the 63
Revised Code; 64
(b) The amount of a monthly allowance or benefit paid to 66
the individual; 67
(c) The individual's personal history record. 69
(C) All medical reports and recommendations required by 71
sections 145.01 to 145.59 of the Revised Code are privileged, 72
except that copies of such medical reports or recommendations 73
shall be made available to the personal physician, attorney, or 74
authorized agent of the individual concerned upon written release 75
from the individual or the individual's agent, or when necessary 77
for the proper administration of the fund, to the board assigned 78
physician.
(D) Any person who is a member or contributor of the 80
system shall be furnished with a statement of the amount to the 81
credit of the individual's account upon written request. The 83
board is not required to answer more than one such request of a 84
person in any one year. The board may issue annual statements of 85
accounts to members and contributors. 86
(E) Notwithstanding the exceptions to public inspection in 88
division (B)(2) of this section, the board may furnish the 89
following information: 90
(1) If a member, former member, contributor, former 92
contributor, or retirant is subject to an order issued under 93
3
section 2907.15 of the Revised Code or is convicted of or pleads 94
guilty to a violation of section 2921.41 of the Revised Code, on 95
written request of a prosecutor as defined in section 2935.01 of 96
the Revised Code, the board shall furnish to the prosecutor the 97
information requested from the individual's personal history 98
record. 99
(2) Pursuant to a court or administrative order issued 101
under section 3111.23 or 3113.21 of the Revised Code, the board 102
shall furnish to a court or child support enforcement agency the 103
information required under that section. 104
(3) At the written request of any person, the board shall 106
provide to the person a list of the names and addresses of 107
members, former members, contributors, former contributors, 108
retirants, or beneficiaries. The costs of compiling, copying, 109
and mailing the list shall be paid by such person. 110
(4) Within fourteen days after receiving from the director 112
of job and family services a list of the names and social 113
security numbers of recipients of public assistance pursuant to 115
section 5101.181 of the Revised Code, the board shall inform the 116
auditor of state of the name, current or most recent employer 117
address, and social security number of each member whose name and 118
social security number are the same as that of a person whose 119
name or social security number was submitted by the director. 120
The board and its employees shall, except for purposes of 121
furnishing the auditor of state with information required by this 122
section, preserve the confidentiality of recipients of public 123
assistance in compliance with division (A) of section 5101.181 of 124
the Revised Code.
(5) THE PUBLIC EMPLOYEES RETIREMENT SYSTEM SHALL COMPLY 127
WITH ORDERS ISSUED UNDER SECTION 3105.87 OF THE REVISED CODE.
ON THE WRITTEN REQUEST OF AN ALTERNATE PAYEE, AS DEFINED IN 129
SECTION 3105.80 OF THE REVISED CODE, THE SYSTEM SHALL FURNISH TO 131
THE ALTERNATE PAYEE INFORMATION ON THE AMOUNT AND STATUS OF ANY 132
AMOUNTS PAYABLE TO THE ALTERNATE PAYEE UNDER AN ORDER ISSUED 133
4
UNDER SECTION 3105.171 OR 3105.65 OF THE REVISED CODE. 134
(F) A statement that contains information obtained from 136
the system's records that is signed by the executive director AN 137
OFFICER of the retirement system and to which the system's 139
official seal is affixed, or copies of the system's records to 140
which the signature and seal are attached, shall be received as 141
true copies of the system's records in any court or before any 142
officer of this state. 143
Sec. 145.56. The right of a person AN INDIVIDUAL to a 153
pension, an annuity, or a retirement allowance itself, THE RIGHT 154
OF AN INDIVIDUAL TO any optional benefit, any other right accrued 156
or accruing to any person INDIVIDUAL, under sections 145.01 to 158
145.58 145.59 of the Revised Code, or of UNDER any municipal 159
retirement system established subject to such sections, under the 160
laws of this state or any charter, the various funds created by 161
sections 145.01 to 145.58 145.59 of the Revised Code, or under 162
such municipal retirement system, and all moneys and, 165
investments, and income thereof, FROM MONEYS OR INVESTMENTS are 166
exempt from any state tax, except the tax imposed by section 168
5747.02 of the Revised Code and are exempt from any county, 170
municipal, or other local tax, except taxes imposed pursuant to 171
section 5748.02 or 5748.08 of the Revised Code and, except as 174
provided in sections 145.57, 3105.171, 3105.65, 3111.23, and 175
3113.21, AND 3115.32 of the Revised Code, shall not be subject to 178
execution, garnishment, attachment, the operation of bankruptcy 179
or the insolvency laws, or other process of law WHATSOEVER, and 180
shall be unassignable except as specifically provided in sections 182
145.01 to 145.58 145.59, 3105.171, 3105.65, 3111.23, and 3113.21, 184
AND 3115.32 of the Revised Code.
Sec. 145.563. If THE PERSON WHO IS a member, former 193
member, contributor, former contributor, retirant, or 195
beneficiary, OR ALTERNATE PAYEE, AS DEFINED IN SECTION 3105.80 OF 196
THE REVISED CODE, is paid any benefit OR PAYMENT by the public 197
employees retirement system to which he THE PERSON is not 198
5
entitled, the benefit shall be repaid to the retirement system by 200
him THE PERSON. If he THE PERSON fails to make the repayment, 201
the retirement system shall withhold the amount due from any 202
benefit due him THE PERSON or his THE PERSON'S beneficiary under 204
sections 145.01 to 145.59 of the Revised Code, or may collect the 207
amount in any other manner provided by law.
Sec. 145.571. (A) AS USED IN THIS SECTION, "ALTERNATE 209
PAYEE," "BENEFIT," "LUMP SUM PAYMENT," "PARTICIPANT," AND "PUBLIC 211
RETIREMENT PROGRAM" HAVE THE SAME MEANINGS AS IN SECTION 3105.80 212
OF THE REVISED CODE.
(B) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.171 214
OR 3105.65 OF THE REVISED CODE, THE PUBLIC EMPLOYEES RETIREMENT 215
SYSTEM SHALL DETERMINE WHETHER THE ORDER MEETS THE REQUIREMENTS 217
OF SECTIONS 3105.80 TO 3105.90 OF THE REVISED CODE. THE SYSTEM 218
SHALL RETAIN IN THE PARTICIPANT'S RECORD AN ORDER THE SYSTEM 219
DETERMINES MEETS THE REQUIREMENTS. NOT LATER THAN SIXTY DAYS 220
AFTER RECEIPT, THE SYSTEM SHALL RETURN TO THE COURT THAT ISSUED 221
THE ORDER ANY ORDER THE SYSTEM DETERMINES DOES NOT MEET THE 222
REQUIREMENTS.
(C) THE SYSTEM SHALL COMPLY WITH AN ORDER RETAINED UNDER 225
DIVISION (B) OF THIS SECTION AT THE FOLLOWING TIMES AS
APPROPRIATE: 226
(1) IF THE PARTICIPANT HAS APPLIED FOR OR IS RECEIVING A 228
BENEFIT OR HAS APPLIED FOR BUT NOT YET RECEIVED A LUMP SUM 229
PAYMENT, AS SOON AS PRACTICABLE; 230
(2) IF THE PARTICIPANT HAS NOT APPLIED FOR A BENEFIT OR 233
LUMP SUM PAYMENT, ON APPLICATION BY THE PARTICIPANT FOR A BENEFIT 234
OR LUMP SUM PAYMENT. 235
(D) IF THE SYSTEM TRANSFERS A PARTICIPANT'S SERVICE CREDIT 238
OR CONTRIBUTIONS MADE BY OR ON BEHALF OF A PARTICIPANT TO A 239
PUBLIC RETIREMENT PROGRAM THAT IS NOT NAMED IN THE ORDER, THE 241
SYSTEM SHALL DO BOTH OF THE FOLLOWING:
(1) NOTIFY THE COURT THAT ISSUED THE ORDER BY SENDING THE 244
COURT A COPY OF THE ORDER AND THE NAME AND ADDRESS OF THE PUBLIC 245
6
RETIREMENT PROGRAM TO WHICH THE TRANSFER WAS MADE; 246
(2) SEND A COPY OF THE ORDER TO THE PUBLIC RETIREMENT 248
PROGRAM TO WHICH THE TRANSFER WAS MADE. 249
(E) IF IT RECEIVES A PARTICIPANT'S SERVICE CREDIT OR 251
CONTRIBUTIONS AND A COPY OF AN ORDER AS PROVIDED IN DIVISION (D) 253
OF THIS SECTION, THE SYSTEM SHALL ADMINISTER THE ORDER AS IF IT 254
WERE THE PUBLIC RETIREMENT PROGRAM NAMED IN THE ORDER. 255
(F) IF A PARTICIPANT'S BENEFIT OR LUMP SUM PAYMENT IS OR 258
WILL BE SUBJECT TO MORE THAN ONE ORDER DESCRIBED IN SECTION 259
3105.81 OF THE REVISED CODE OR TO AN ORDER DESCRIBED IN SECTION 260
3105.81 OF THE REVISED CODE AND A WITHHOLDING ORDER UNDER SECTION 261
3111.23 OR 3113.21 OF THE REVISED CODE, THE SYSTEM SHALL, AFTER 264
DETERMINING THAT THE AMOUNTS THAT ARE OR WILL BE WITHHELD WILL 265
CAUSE THE BENEFIT OR LUMP SUM PAYMENT TO FALL BELOW THE LIMITS 266
DESCRIBED IN SECTION 3105.85 OF THE REVISED CODE, DO ALL OF THE 267
FOLLOWING: 268
(1) ESTABLISH, IN ACCORDANCE WITH DIVISION (G) OF THIS 270
SECTION AND SUBJECT TO THE LIMITS DESCRIBED IN SECTION 3105.85 OF 272
THE REVISED CODE, THE PRIORITY IN WHICH THE ORDERS ARE OR WILL BE 274
PAID BY THE SYSTEM;
(2) REDUCE THE AMOUNT PAID TO AN ALTERNATE PAYEE BASED ON 276
THE PRIORITY ESTABLISHED UNDER DIVISION (F)(1) OF THIS SECTION; 277
(3) NOTIFY, BY REGULAR MAIL, A PARTICIPANT AND ALTERNATE 280
PAYEE OF ANY ACTION TAKEN UNDER THIS DIVISION. 281
(G) A WITHHOLDING OR DEDUCTION NOTICE ISSUED UNDER SECTION 283
3111.23 OR 3113.21 OF THE REVISED CODE OR AN ORDER DESCRIBED IN 284
SECTION 3115.32 OF THE REVISED CODE HAS PRIORITY OVER ALL OTHER 285
ORDERS AND SHALL BE COMPLIED WITH IN ACCORDANCE WITH CHILD 286
SUPPORT ENFORCEMENT LAWS. ALL OTHER ORDERS ARE ENTITLED TO
PRIORITY IN ORDER OF EARLIEST RETENTION BY THE SYSTEM. THE 287
SYSTEM IS NOT TO RETAIN AN ORDER THAT PROVIDES FOR THE DIVISION 288
OF PROPERTY UNLESS THE ORDER IS FILED IN A COURT WITH 289
JURISDICTION IN THIS STATE.
(H) THE SYSTEM IS NOT LIABLE IN CIVIL DAMAGES FOR LOSS 291
7
RESULTING FROM ANY ACTION OR FAILURE TO ACT IN COMPLIANCE WITH 292
THIS SECTION.
Sec. 742.41. (A) As used in this section: 301
(1) "Other system retirant" has the same meaning as in 303
section 742.26 of the Revised Code. 304
(2) "Personal history record" includes a member's, former 306
member's, or other system retirant's name, address, telephone 308
number, social security number, record of contributions, 309
correspondence with the Ohio police and fire pension fund, status 311
of any application for benefits, and any other information deemed 312
confidential by the trustees of the fund. 313
(B) The treasurer of state shall furnish annually to the 315
board of trustees of the fund a sworn statement of the amount of 316
the funds in the treasurer of state's custody belonging to the 319
Ohio police and fire pension fund. The records of the board FUND 321
shall be open for public inspection except for the following, 322
which shall be excluded, except with the written authorization of 323
the individual concerned: 324
(1) The individual's personal history record; 326
(2) Any information identifying, by name and address, the 328
amount of a monthly allowance or benefit paid to the individual. 329
(C) All medical reports and recommendations required are 331
privileged, except that copies of such medical reports or 332
recommendations shall be made available to the personal 333
physician, attorney, or authorized agent of the individual 334
concerned upon written release received from the individual or 336
the individual's agent or, when necessary for the proper 337
administration of the fund, to the board-assigned physician. 338
(D) Any person who is a member of the fund or an other 340
system retirant shall be furnished with a statement of the amount 341
to the credit of the person's individual account upon the 343
person's written request. The board FUND need not answer more 344
than one such request of a person in any one year. 345
(E) Notwithstanding the exceptions to public inspection in 347
8
division (B) of this section, the board FUND may furnish the 348
following information: 350
(1) If a member, former member, or other system retirant 352
is subject to an order issued under section 2907.15 of the 353
Revised Code or is convicted of or pleads guilty to a violation 354
of section 2921.41 of the Revised Code, on written request of a 355
prosecutor as defined in section 2935.01 of the Revised Code, the 356
board FUND shall furnish to the prosecutor the information 358
requested from the individual's personal history record. 359
(2) Pursuant to a court order issued under section 3113.21 361
of the Revised Code, the board FUND shall furnish to a court or 362
child support enforcement agency the information required under 364
that section. 365
(3) At the request of any organization or association of 367
members of the fund, the board of trustees of the fund shall 368
provide a list of the names and addresses of members of the fund 369
and other system retirants. The board FUND shall comply with the 371
request of such organization or association at least once a year 372
and may impose a reasonable charge for the list. 373
(4) Within fourteen days after receiving from the director 375
of job and family services a list of the names and social 376
security numbers of recipients of public assistance pursuant to 378
section 5101.181 of the Revised Code, the board FUND shall inform 379
the auditor of state of the name, current or most recent employer 381
address, and social security number of each member or other 382
system retirant whose name and social security number are the 383
same as that of a person whose name or social security number was 384
submitted by the director. The board FUND and its employees 385
shall, except for purposes of furnishing the auditor of state 387
with information required by this section, preserve the 388
confidentiality of recipients of public assistance in compliance 389
with division (A) of section 5101.181 of the Revised Code. 390
(5) THE FUND SHALL COMPLY WITH ORDERS ISSUED UNDER SECTION 393
3105.87 OF THE REVISED CODE.
9
ON THE WRITTEN REQUEST OF AN ALTERNATE PAYEE, AS DEFINED IN 395
SECTION 3105.80 OF THE REVISED CODE, THE FUND SHALL FURNISH TO 397
THE ALTERNATE PAYEE INFORMATION ON THE AMOUNT AND STATUS OF ANY 398
AMOUNTS PAYABLE TO THE ALTERNATE PAYEE UNDER AN ORDER ISSUED 399
UNDER SECTION 3105.171 OR 3105.65 OF THE REVISED CODE. 400
(F) A statement that contains information obtained from 402
the board's FUND'S records that is signed by the secretary of the 404
board of trustees of the Ohio police and fire pension fund and to 406
which the board's official seal is affixed, or copies of the 407
board's FUND'S records to which the signature and seal are 408
attached, shall be received as true copies of the board's FUND'S 409
records in any court or before any officer of this state. 411
Sec. 742.462. (A) AS USED IN THIS SECTION, "ALTERNATE 413
PAYEE," "BENEFIT," "LUMP SUM PAYMENT," "PARTICIPANT," AND "PUBLIC 415
RETIREMENT PROGRAM" HAVE THE SAME MEANINGS AS IN SECTION 3105.80 416
OF THE REVISED CODE.
(B) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.171 418
OR 3105.65 OF THE REVISED CODE, THE OHIO POLICE AND FIRE PENSION 421
FUND SHALL DETERMINE WHETHER THE ORDER MEETS THE REQUIREMENTS OF 422
SECTIONS 3105.80 TO 3105.90 OF THE REVISED CODE. THE FUND SHALL 423
RETAIN IN THE PARTICIPANT'S RECORD AN ORDER THE FUND DETERMINES 425
MEETS THE REQUIREMENTS. NOT LATER THAN SIXTY DAYS AFTER RECEIPT, 426
THE FUND SHALL RETURN TO THE COURT THAT ISSUED THE ORDER ANY 427
ORDER THE FUND DETERMINES DOES NOT MEET THE REQUIREMENTS. 428
(C) THE FUND SHALL COMPLY WITH AN ORDER RETAINED UNDER 431
DIVISION (B) OF THIS SECTION AT THE FOLLOWING TIMES AS
APPROPRIATE: 432
(1) IF THE PARTICIPANT HAS APPLIED FOR OR IS RECEIVING A 434
BENEFIT OR HAS APPLIED FOR BUT NOT YET RECEIVED A LUMP SUM 435
PAYMENT, AS SOON AS PRACTICABLE; 436
(2) IF THE PARTICIPANT HAS NOT APPLIED FOR A BENEFIT OR 439
LUMP SUM PAYMENT, ON APPLICATION BY THE PARTICIPANT FOR A BENEFIT 440
OR LUMP SUM PAYMENT. 441
(D) IF THE FUND TRANSFERS A PARTICIPANT'S SERVICE CREDIT 444
10
OR CONTRIBUTIONS MADE BY OR ON BEHALF OF A PARTICIPANT TO A 445
PUBLIC RETIREMENT PROGRAM THAT IS NOT NAMED IN THE ORDER, THE 447
FUND SHALL DO BOTH OF THE FOLLOWING:
(1) NOTIFY THE COURT THAT ISSUED THE ORDER BY SENDING THE 449
COURT A COPY OF THE ORDER AND THE NAME AND ADDRESS OF THE PUBLIC 451
RETIREMENT PROGRAM TO WHICH THE TRANSFER WAS MADE;
(2) SEND A COPY OF THE ORDER TO THE PUBLIC RETIREMENT 453
PROGRAM TO WHICH THE TRANSFER WAS MADE. 454
(E) IF IT RECEIVES A PARTICIPANT'S SERVICE CREDIT OR 456
CONTRIBUTIONS AND A COPY OF AN ORDER AS PROVIDED IN DIVISION (D) 458
OF THIS SECTION, THE FUND SHALL ADMINISTER THE ORDER AS IF IT 459
WERE THE PUBLIC RETIREMENT PROGRAM NAMED IN THE ORDER. 460
(F) IF A PARTICIPANT'S BENEFIT OR LUMP SUM PAYMENT IS OR 463
WILL BE SUBJECT TO MORE THAN ONE ORDER DESCRIBED IN SECTION 464
3105.81 OF THE REVISED CODE OR TO AN ORDER DESCRIBED IN SECTION 465
3105.81 OF THE REVISED CODE AND A WITHHOLDING ORDER UNDER SECTION 466
3111.23 OR 3113.21 OF THE REVISED CODE, THE FUND SHALL, AFTER 469
DETERMINING THAT THE AMOUNTS THAT ARE OR WILL BE WITHHELD WILL 470
CAUSE THE BENEFIT OR LUMP SUM PAYMENT TO FALL BELOW THE LIMITS 471
DESCRIBED IN SECTION 3105.85 OF THE REVISED CODE, DO ALL OF THE 472
FOLLOWING: 473
(1) ESTABLISH, IN ACCORDANCE WITH DIVISION (G) OF THIS 475
SECTION AND SUBJECT TO THE LIMITS DESCRIBED IN SECTION 3105.85 OF 477
THE REVISED CODE, THE PRIORITY IN WHICH THE ORDERS ARE OR WILL BE 479
PAID BY THE FUND IN ACCORDANCE WITH DIVISION (G) OF THIS SECTION;
(2) REDUCE THE AMOUNT PAID TO AN ALTERNATE PAYEE BASED ON 481
THE PRIORITY ESTABLISHED UNDER DIVISION (F)(1) OF THIS SECTION; 482
(3) NOTIFY, BY REGULAR MAIL, A PARTICIPANT AND ALTERNATE 485
PAYEE OF ANY ACTION TAKEN UNDER THIS DIVISION. 486
(G) A WITHHOLDING OR DEDUCTION NOTICE ISSUED UNDER SECTION 488
3111.23 OR 3113.21 OF THE REVISED CODE OR AN ORDER DESCRIBED IN 489
SECTION 3115.32 OF THE REVISED CODE HAS PRIORITY OVER ALL OTHER 490
ORDERS AND SHALL BE COMPLIED WITH IN ACCORDANCE WITH CHILD 491
SUPPORT ENFORCEMENT LAWS. ALL OTHER ORDERS ARE ENTITLED TO
11
PRIORITY IN ORDER OF EARLIEST RETENTION BY THE FUND. THE FUND IS 492
NOT TO RETAIN AN ORDER THAT PROVIDES FOR THE DIVISION OF PROPERTY 493
UNLESS THE ORDER IS FILED IN A COURT WITH JURISDICTION IN THIS 494
STATE.
(H) THE FUND IS NOT LIABLE IN CIVIL DAMAGES FOR LOSS 496
RESULTING FROM ANY ACTION OR FAILURE TO ACT IN COMPLIANCE WITH 497
THIS SECTION.
Sec. 742.47. Except as provided in sections 742.461, 506
3105.171, 3105.65, 3111.23, and 3113.21, AND 3115.32 of the 509
Revised Code, sums of money due or to become due to any person
INDIVIDUAL from the Ohio police and fire pension fund are not 512
liable to attachment, garnishment, levy, or seizure under any 513
legal or equitable process OR ANY OTHER PROCESS OF LAW 514
WHATSOEVER, whether such THOSE sums remain with the treasurer of 515
the fund or any officer or agent of the board of trustees of the 517
fund, or is ARE in the course of transmission to the person 519
INDIVIDUAL entitled thereto TO THEM, but shall inure wholly to 520
the benefit of such person THAT INDIVIDUAL. 521
Sec. 742.64. AS USED IN THIS SECTION, "ALTERNATE PAYEE," 523
"BENEFIT," AND "LUMP SUM PAYMENT" HAVE THE SAME MEANINGS AS IN 524
SECTION 3105.80 OF THE REVISED CODE.
IF A PERSON WHO IS AN ALTERNATE PAYEE IS PAID ANY AMOUNT 526
FROM A BENEFIT OR LUMP SUM PAYMENT UNDER AN ORDER ISSUED UNDER 527
SECTION 3105.171 OR 3105.65 OF THE REVISED CODE BY THE OHIO 528
POLICE AND FIRE PENSION FUND TO WHICH THE PERSON IS NOT ENTITLED, 529
THE PERSON SHALL REPAY THE FUND. IF THE PERSON FAILS TO REPAY,
THE FUND SHALL WITHHOLD THE AMOUNT DUE FROM ANY PAYMENT DUE THE 530
PERSON UNDER THE ORDER OR MAY COLLECT THE AMOUNT IN ANY OTHER 531
MANNER PROVIDED BY LAW.
Sec. 3105.80. AS USED IN THIS SECTION AND SECTIONS 3105.81 533
TO 3105.90 OF THE REVISED CODE: 536
(A) "ALTERNATE PAYEE" MEANS A PARTY IN AN ACTION FOR 538
DIVORCE, LEGAL SEPARATION, ANNULMENT, OR DISSOLUTION OF MARRIAGE 539
WHO IS TO RECEIVE ONE OR MORE PAYMENTS FROM A BENEFIT OR LUMP SUM 540
12
PAYMENT UNDER AN ORDER ISSUED UNDER SECTION 3105.171 OR 3105.65 541
OF THE REVISED CODE THAT IS IN COMPLIANCE WITH SECTIONS 3105.81 542
TO 3105.90 OF THE REVISED CODE. 543
(B) "BENEFIT" MEANS A PERIODIC PAYMENT UNDER A PENSION, 545
ANNUITY, ALLOWANCE, OR OTHER TYPE OF BENEFIT, OTHER THAN A 546
SURVIVOR BENEFIT, THAT HAS BEEN OR MAY BE GRANTED TO A 547
PARTICIPANT UNDER SECTIONS 145.01 TO 145.59 OR 742.01 TO 742.61 548
OR CHAPTER 3307., 3309., OR 5505. OF THE REVISED CODE OR ANY 549
PAYMENT THAT IS TO BE MADE UNDER A CONTRACT A PARTICIPANT HAS 550
ENTERED INTO FOR THE PURPOSES OF AN ALTERNATIVE RETIREMENT PLAN. 551
(C) "LUMP SUM PAYMENT" MEANS A PAYMENT OF ACCUMULATED 553
CONTRIBUTIONS STANDING TO A PARTICIPANT'S CREDIT UNDER SECTIONS 554
145.01 TO 145.59 OR 742.01 TO 742.61 OR CHAPTER 3307., 3309., OR 555
5505. OF THE REVISED CODE OR PURSUANT TO A CONTRACT A PARTICIPANT 557
HAS ENTERED INTO FOR THE PURPOSES OF AN ALTERNATIVE RETIREMENT
PLAN AND ANY OTHER PAYMENT MADE OR THAT MAY BE MADE TO A 560
PARTICIPANT UNDER THOSE SECTIONS OR CHAPTERS ON WITHDRAWAL OF A
PARTICIPANT'S CONTRIBUTIONS. "LUMP SUM PAYMENT" INCLUDES A LUMP 562
SUM PAYMENT UNDER SECTION 145.38, 742.26, 3307.381, OR 3309.341
OF THE REVISED CODE. 563
(D) "PARTICIPANT" MEANS A MEMBER, CONTRIBUTOR, RETIRANT, 565
OR DISABILITY BENEFIT RECIPIENT WHO IS OR WILL BE ENTITLED TO A 566
BENEFIT OR LUMP SUM PAYMENT UNDER SECTIONS 145.01 TO 145.59 OR 568
742.01 TO 742.61 OR CHAPTER 3307., 3309., OR 5505. OF THE REVISED 569
CODE OR AN ACADEMIC OR ADMINISTRATIVE EMPLOYEE WHO ELECTS TO 570
PARTICIPATE IN AN ALTERNATIVE RETIREMENT PLAN UNDER CHAPTER 3305. 571
OF THE REVISED CODE. 572
(E) "PERSONAL HISTORY RECORD" HAS THE SAME MEANING AS IN 574
SECTION 145.27, 742.41, 3305.20, 3307.21, 3309.22, AND 5505.04 OF 575
THE REVISED CODE. 576
(F) "PUBLIC RETIREMENT PROGRAM" MEANS THE PUBLIC EMPLOYEES 578
RETIREMENT SYSTEM, OHIO POLICE AND FIRE PENSION FUND, SCHOOL 579
EMPLOYEES RETIREMENT SYSTEM, STATE TEACHERS RETIREMENT SYSTEM, 581
STATE HIGHWAY PATROL RETIREMENT SYSTEM, OR AN ENTITY PROVIDING AN 582
13
ALTERNATIVE RETIREMENT PLAN UNDER CHAPTER 3305. OF THE REVISED 583
CODE.
Sec. 3105.81. A COURT THAT ISSUES AN ORDER UNDER SECTION 586
3105.171 OR 3105.65 OF THE REVISED CODE THAT PROVIDES FOR A 587
DIVISION OF PROPERTY THAT INCLUDES A BENEFIT OR LUMP SUM PAYMENT 589
AND REQUIRES ONE OR MORE PAYMENTS FROM A PUBLIC RETIREMENT 590
PROGRAM TO AN ALTERNATE PAYEE SHALL INCLUDE IN THE ORDER A 592
REQUIREMENT THAT THE PAYMENTS BE MADE IN ACCORDANCE WITH AND
SUBJECT TO LIMITATIONS SET FORTH IN SECTIONS 3105.82 TO 3105.90 594
OF THE REVISED CODE. 595
Sec. 3105.82. AN ORDER DESCRIBED IN SECTION 3105.81 OF THE 598
REVISED CODE SHALL MEET ALL OF THE FOLLOWING REQUIREMENTS: 600
(A) BE ON THE FORM CREATED UNDER SECTION 3105.90 OF THE 603
REVISED CODE; 604
(B) SET FORTH THE NAME AND ADDRESS OF THE PUBLIC 606
RETIREMENT PROGRAM SUBJECT TO THE ORDER OR, IF THE COURT 608
DETERMINES THAT THE PARTICIPANT HAS CONTRIBUTIONS ON DEPOSIT WITH 609
MORE THAN ONE PUBLIC RETIREMENT PROGRAM, THE NAME AND ADDRESS OF 610
EACH PUBLIC RETIREMENT PROGRAM THAT IS POTENTIALLY SUBJECT TO THE 611
ORDER;
(C) SET FORTH THE NAMES, SOCIAL SECURITY NUMBERS, AND 613
CURRENT ADDRESSES OF THE PARTICIPANT AND ALTERNATE PAYEE; 614
(D) SPECIFY THE AMOUNT TO BE PAID TO THE ALTERNATE PAYEE 616
AS ONE OF THE FOLLOWING: 617
(1) AS BOTH A MONTHLY DOLLAR AMOUNT SHOULD THE PARTICIPANT 619
ELECT A BENEFIT AND AS A ONE-TIME PAYMENT SHOULD THE PARTICIPANT 621
ELECT A LUMP SUM PAYMENT; 622
(2) AS A PERCENTAGE OF A FRACTION DETERMINED AS FOLLOWS OF 624
A MONTHLY BENEFIT OR LUMP SUM PAYMENT: 625
(a) THE NUMERATOR OF THE FRACTION SHALL BE THE NUMBER OF 627
YEARS DURING WHICH THE PARTICIPANT WAS BOTH A MEMBER OF A PUBLIC 628
RETIREMENT PROGRAM AND MARRIED TO THE ALTERNATE PAYEE. 629
(b) THE DENOMINATOR, WHICH SHALL BE DETERMINED BY THE 631
PUBLIC RETIREMENT PROGRAM AT THE TIME THE PARTICIPANT ELECTS TO 632
14
TAKE THE BENEFIT OR PAYMENT, SHALL BE THE PARTICIPANT'S TOTAL 633
YEARS OF SERVICE CREDIT OR, IN THE CASE OF A PARTICIPANT IN A 634
RETIREMENT PLAN ESTABLISHED UNDER CHAPTER 3305. OF THE REVISED 635
CODE, YEARS OF PARTICIPATION IN THE PLAN.
(E) IF THE PARTICIPANT IS ELIGIBLE FOR MORE THAN ONE 638
BENEFIT OR LUMP SUM PAYMENT, SPECIFY IN ACCORDANCE WITH DIVISION 639
(D) OF THIS SECTION THE AMOUNT, IF ANY, TO BE PAID TO THE 640
ALTERNATE PAYEE FROM EACH BENEFIT OR LUMP SUM PAYMENT. 642
(F) REQUIRE AN INDIVIDUAL WHO IS A PARTICIPANT OR 645
ALTERNATE PAYEE TO NOTIFY THE PUBLIC RETIREMENT PROGRAM IN 646
WRITING OF A CHANGE IN THE INDIVIDUAL'S MAILING ADDRESS; 648
(G) NOTIFY THE ALTERNATE PAYEE OF THE FOLLOWING: 650
(1) THE PAYEE'S RIGHT TO PAYMENT UNDER THE ORDER IS 652
CONDITIONAL ON THE PARTICIPANT'S RIGHT TO A BENEFIT PAYMENT OR 653
LUMP SUM PAYMENT;
(2) THE POSSIBLE REDUCTION UNDER SECTION 145.571, 742.462, 655
3307.721, 3309.671, OR 5505.261 OF THE REVISED CODE OF THE AMOUNT 656
PAID TO THE ALTERNATE PAYEE;
(3) THE POSSIBLE TERMINATION OF THE PAYEE'S RIGHTS AS 659
DESCRIBED IN SECTION 3105.86 OF THE REVISED CODE. 660
(H) APPLY TO PAYMENTS MADE BY THE PUBLIC RETIREMENT 662
PROGRAM AFTER RETENTION OF AN ORDER UNDER SECTION 145.571, 663
742.462, 3305.21, 3307.721, 3309.671, OR 5505.261 OF THE REVISED 664
CODE.
Sec. 3105.821. THE MONTHLY BENEFIT USED UNDER DIVISION 666
(D)(2) OF SECTION 3105.82 OF THE REVISED CODE TO DETERMINE THE 667
AMOUNT TO BE PAID AN ALTERNATE PAYEE FROM A MONTHLY BENEFIT SHALL 668
BE WHICHEVER OF THE FOLLOWING APPLIES:
(A) IF THE PARTICIPANT IS RECEIVING A MONTHLY BENEFIT, THE 670
MONTHLY BENEFIT SHALL BE THE BENEFIT THE PARTICIPANT IS RECEIVING 671
AT THE TIME THE DECREE OF DIVORCE OR DISSOLUTION BECOMES FINAL; 672
(B) IF THE PARTICIPANT HAS APPLIED FOR BUT IS NOT YET 674
RECEIVING A MONTHLY BENEFIT, THE MONTHLY BENEFIT SHALL BE THE 675
BENEFIT FOR WHICH THE PARTICIPANT IS ELIGIBLE; 676
15
(C) IF THE PARTICIPANT HAS NOT APPLIED FOR A BENEFIT, THE 678
MONTHLY BENEFIT SHALL BE THE BENEFIT CALCULATED AT THE TIME THE 679
PARTICIPANT ELECTS TO TAKE IT. 680
Sec. 3105.83. PAYMENTS UNDER AN ORDER DESCRIBED IN SECTION 683
3105.81 OF THE REVISED CODE SHALL COMMENCE AS PROVIDED UNDER 684
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 685
PRIVILEGE UNDER SECTIONS 145.01 TO 145.59 OR 742.01 TO 742.61 OR 686
CHAPTER 3305., 3307., 3309., OR 5505. OF THE REVISED CODE THAT IS 688
NOT PROVIDED IN THOSE SECTIONS OR CHAPTERS. 689
AN ORDER DESCRIBED IN SECTION 3105.81 OF THE REVISED CODE 692
SHALL NOT REQUIRE A PUBLIC RETIREMENT PROGRAM TO TAKE ANY ACTION 695
OR PROVIDE ANY BENEFIT, ALLOWANCE, OR PAYMENT NOT AUTHORIZED 696
UNDER THE LAW GOVERNING THE PUBLIC RETIREMENT PROGRAM.
Sec. 3105.84. AN ORDER DESCRIBED IN SECTION 3105.81 OF THE 699
REVISED CODE SHALL AUTHORIZE THE BOARD OF THE PUBLIC RETIREMENT 700
PROGRAM THAT IS OR WILL BE PAYING THE BENEFIT OR LUMP SUM PAYMENT 701
TO WITHHOLD FROM ANY BENEFIT OR PAYMENT THAT IS SUBJECT TO AN
ORDER AN AMOUNT DETERMINED BY THE PUBLIC RETIREMENT PROGRAM TO BE 702
NECESSARY TO DEFRAY THE COST OF ADMINISTERING THE ORDER. THIS 704
AMOUNT SHALL BE DIVIDED EQUALLY BETWEEN THE PARTICIPANT AND THE 705
ALTERNATE PAYEE.
Sec. 3105.85. (A) THE TOTAL OF THE AMOUNTS DESCRIBED IN 707
DIVISION (D) OF SECTION 3105.82 AND SECTION 3105.84 OF THE 709
REVISED CODE SHALL NOT EXCEED FIFTY PER CENT OF THE AMOUNT OF A 711
BENEFIT OR LUMP SUM PAYMENT, OR IF WITHHOLDING IS TO BE MADE FROM 712
MORE THAN ONE BENEFIT OR LUMP SUM PAYMENT, FIFTY PER CENT OF THE 713
TOTAL OF THE BENEFITS OR LUMP SUM PAYMENTS. 714
(B) IF A PARTICIPANT'S BENEFIT OR LUMP SUM PAYMENT IS OR 717
WILL BE SUBJECT TO MORE THAN ONE ORDER DESCRIBED IN SECTION 718
3105.81 OF THE REVISED CODE, THE PUBLIC RETIREMENT PROGRAM SHALL 719
NOT WITHHOLD AN AGGREGATE AMOUNT FOR ALL THE ORDERS THAT EXCEEDS 720
FIFTY PER CENT OF THE BENEFIT OR LUMP SUM PAYMENT. 721
(C) IF A PARTICIPANT'S BENEFIT OR LUMP SUM PAYMENT IS OR 723
16
WILL BE SUBJECT TO AN ORDER DESCRIBED IN SECTION 3105.81 OF THE 725
REVISED CODE AND ONE OR MORE WITHHOLDING ORDERS UNDER SECTION
3111.23 OR 3113.21 OF THE REVISED CODE, THE PUBLIC RETIREMENT 727
PROGRAM SHALL NOT WITHHOLD FROM A BENEFIT OR LUMP SUM PAYMENT AN
AGGREGATE AMOUNT FOR ALL ORDERS DESCRIBED IN SECTION 3105.81 OF 728
THE REVISED CODE THAT EXCEEDS THE DIFFERENCE BETWEEN FIFTY PER 729
CENT OF THE BENEFIT OR PAYMENT AND THE PERCENTAGE OF THE BENEFIT 730
OR PAYMENT THAT IS OR WILL BE PAID UNDER ORDERS DESCRIBED IN 731
SECTION 3111.23 OR 3113.21 OF THE REVISED CODE.
(D) THE PUBLIC RETIREMENT PROGRAM THAT IS OR WILL BE 735
PAYING THE BENEFIT OR LUMP SUM PAYMENT SHALL ACT IN ACCORDANCE
WITH SECTION 145.571, 742.462, 3305.21, 3307.721, 3309.671, OR 736
5505.261 OF THE REVISED CODE.
Sec. 3105.86. AN ALTERNATE PAYEE'S RIGHTS UNDER AN ORDER 739
DESCRIBED IN SECTION 3105.81 OF THE REVISED CODE SHALL TERMINATE 740
ON THE EARLIER OF THE FOLLOWING: 741
(A) THE DEATH OF THE PARTICIPANT; 743
(B) THE DEATH OF THE ALTERNATE PAYEE; 745
(C) THE TERMINATION OF A BENEFIT PAID TO A PARTICIPANT 747
UNDER SECTIONS 145.01 TO 145.59 OR 742.01 TO 742.61 OR CHAPTER 749
3305., 3307., 3309., OR 5505. OF THE REVISED CODE. 751
Sec. 3105.87. THE COURT MAY ORDER A PUBLIC RETIREMENT 753
PROGRAM TO PROVIDE INFORMATION FROM A PARTICIPANT'S PERSONAL 754
HISTORY RECORD NECESSARY TO DETERMINE THE AMOUNTS DESCRIBED IN 755
DIVISION (D) OF SECTION 3105.82 OF THE REVISED CODE. 756
Sec. 3105.88. THE CLERK OF COURTS SHALL TRANSMIT A 758
CERTIFIED COPY OF AN ORDER DESCRIBED IN SECTION 3105.81 OF THE 760
REVISED CODE TO EACH PUBLIC RETIREMENT PROGRAM NAMED IN THE
ORDER. IF THE CLERK OF COURTS FAILS TO TRANSMIT AN ORDER, THE 762
PUBLIC RETIREMENT PROGRAM NAMED IN THE ORDER IS NOT REQUIRED TO 763
ADMINISTER THE ORDER.
THE PUBLIC RETIREMENT PROGRAM SHALL RETAIN AN ORDER IN 765
ACCORDANCE WITH SECTION 145.571, 742.462, 3305.21, 3307.721, 766
3309.671, OR 5505.261 OF THE REVISED CODE.
17
IF THE PUBLIC RETIREMENT PROGRAM RETURNS TO THE CLERK OF 768
COURTS AN ORDER IN ACCORDANCE WITH SECTION 145.571, 742.462, 769
3305.21, 3307.721, 3309.671, OR 5505.261 OF THE REVISED CODE, THE 770
CLERK OF COURTS SHALL NOTIFY THE COUNSEL OF RECORD THAT THE ORDER 771
WAS NOT RETAINED BY THE PUBLIC RETIREMENT PROGRAM.
Sec. 3105.89. NOTWITHSTANDING DIVISION (I) OF SECTION 773
3105.171 OF THE REVISED CODE: 774
(A) THE COURT SHALL RETAIN JURISDICTION TO MODIFY, 776
SUPERVISE, OR ENFORCE THE IMPLEMENTATION OF AN ORDER DESCRIBED IN 777
SECTION 3105.81 OF THE REVISED CODE. 778
(B) THE COURT MAY MODIFY AN ORDER ISSUED UNDER SECTION 780
3105.171 OR 3105.65 OF THE REVISED CODE THAT WAS EFFECTIVE PRIOR 781
TO THE EFFECTIVE DATE OF THIS SECTION FOR THE PURPOSE OF 782
ENFORCING THE ORDER OR CARRYING INTO EFFECT THE MANIFEST 783
INTENTIONS OF THE PARTIES. A MODIFIED ORDER MUST MEET THE
REQUIREMENTS OF SECTION 3105.82 OF THE REVISED CODE. 784
Sec. 3105.90. THE STATE RETIREMENT SYSTEMS SHALL JOINTLY 786
CREATE A FORM TO BE USED BY COURTS FOR ORDERS DESCRIBED IN 787
SECTION 3105.81 OF THE REVISED CODE. EACH STATE RETIREMENT 789
SYSTEM SHALL, BY RULE ADOPTED IN ACCORDANCE WITH SECTION 111.15 790
OF THE REVISED CODE, ADOPT THE FORM CREATED UNDER THIS SECTION. 792
Sec. 3305.08. Any payment, benefit, or other right 801
accruing to any electing employee under a contract the employee 803
enters into for purposes of an alternative retirement plan, any 804
contributions to the electing employee's alternative retirement 805
plan pursuant to section 3305.06 of the Revised Code, and all 806
moneys, investments, and income of those contracts are exempt 808
from any state tax, except the tax imposed by section 5747.02 of
the Revised Code and, except as provided in sections 3105.171, 811
3105.65, 3111.23, 3113.21, 3115.32, AND 3305.09, 3311.23, and 814
3113.21 of the Revised Code, shall not be subject to execution, 817
garnishment, attachment, the operation of bankruptcy or the 818
insolvency law, or other process of law, and shall be
unassignable except as specifically provided in this section and 819
18
sections 3105.171, 3105.65, 3111.23 and, 3113.21, AND 3115.32 of 821
the Revised Code and any contract the electing employee has 823
entered into for purposes of an alternative retirement plan. 824
Sec. 3305.20. AS USED IN THIS SECTION, "PERSONAL HISTORY 826
RECORD" MEANS INFORMATION MAINTAINED BY THE ENTITY PROVIDING AN 827
ALTERNATIVE RETIREMENT PLAN ON AN INDIVIDUAL WHO PARTICIPATES IN 828
THE PLAN THAT INCLUDES THE ADDRESS, TELEPHONE NUMBER, SOCIAL 829
SECURITY NUMBER, RECORD OF CONTRIBUTIONS, CORRESPONDENCE WITH THE 830
PLAN, OR OTHER INFORMATION THE ENTITY PROVIDING THE PLAN 831
DETERMINES TO BE CONFIDENTIAL.
THE ENTITY SHALL COMPLY WITH ORDERS ISSUED UNDER SECTION 834
3105.87 OF THE REVISED CODE REQUIRING IT TO PROVIDE INFORMATION 835
FROM A PARTICIPANT'S PERSONAL HISTORY RECORD.
ON THE WRITTEN REQUEST OF AN ALTERNATE PAYEE, AS DEFINED IN 837
SECTION 3105.80 OF THE REVISED CODE, THE ENTITY PROVIDING THE 839
ALTERNATIVE RETIREMENT PLAN SHALL FURNISH TO THE ALTERNATE PAYEE 840
INFORMATION ON THE AMOUNT AND STATUS OF ANY AMOUNTS PAYABLE TO 841
THE ALTERNATE PAYEE UNDER AN ORDER ISSUED UNDER SECTION 3105.171 842
OR 3105.65 OF THE REVISED CODE. 843
Sec. 3305.21. (A) AS USED IN THIS SECTION, "ALTERNATE 845
PAYEE," "BENEFIT," "LUMP SUM PAYMENT," AND "PARTICIPANT" HAVE THE 847
SAME MEANINGS AS IN SECTION 3105.80 OF THE REVISED CODE.
(B) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.171 849
OR 3105.65 OF THE REVISED CODE, AN ENTITY PROVIDING A 850
PARTICIPANT'S ALTERNATIVE RETIREMENT PLAN SHALL DETERMINE WHETHER 851
THE ORDER MEETS THE REQUIREMENTS OF SECTIONS 3105.80 TO 3105.90 853
OF THE REVISED CODE. THE ENTITY SHALL RETAIN IN THE
PARTICIPANT'S RECORD AN ORDER THE ENTITY DETERMINES MEETS THE 855
REQUIREMENTS. NOT LATER THAN TEN DAYS AFTER RECEIPT, THE ENTITY 856
SHALL RETURN TO THE COURT THAT ISSUED THE ORDER ANY ORDER THE 857
ENTITY DETERMINES DOES NOT MEET THE REQUIREMENTS.
(C) THE ENTITY SHALL COMPLY WITH AN ORDER RETAINED UNDER 859
DIVISION (B) OF THIS SECTION AT THE FOLLOWING TIMES AS 860
APPROPRIATE:
19
(1) IF THE PARTICIPANT HAS APPLIED FOR OR IS RECEIVING A 862
BENEFIT OR HAS APPLIED FOR BUT NOT YET RECEIVED A LUMP SUM 863
PAYMENT, AS SOON AS PRACTICABLE;
(2) IF THE PARTICIPANT HAS NOT APPLIED FOR A BENEFIT OR 865
LUMP SUM PAYMENT, ON APPLICATION BY THE PARTICIPANT FOR A BENEFIT 866
OR LUMP SUM PAYMENT.
(D) IF AN ENTITY PROVIDING AN ALTERNATIVE RETIREMENT PLAN 868
IS REQUIRED TO TRANSFER A PARTICIPANT'S ACCOUNT BALANCE TO AN 869
ENTITY PROVIDING AN ALTERNATIVE RETIREMENT PLAN THAT IS NOT NAMED 870
IN THE ORDER, THE TRANSFERRING ENTITY SHALL DO BOTH OF THE 871
FOLLOWING:
(1) NOTIFY THE COURT THAT ISSUED THE ORDER BY SENDING THE 873
COURT A COPY OF THE ORDER AND THE NAME AND ADDRESS OF THE ENTITY 874
TO WHICH THE TRANSFER WAS MADE. 875
(2) SEND A COPY OF THE ORDER TO THE ENTITY TO WHICH THE 877
TRANSFER WAS MADE.
(E) AN ENTITY THAT RECEIVES A PARTICIPANT'S ACCOUNT 879
BALANCE AND A COPY OF AN ORDER AS PROVIDED IN DIVISION (D) OF 881
THIS SECTION, SHALL ADMINISTER THE ORDER AS IF IT WERE THE ENTITY 882
NAMED IN THE ORDER. 883
(F) IF A PARTICIPANT'S BENEFIT OR LUMP SUM PAYMENT IS OR 886
WILL BE SUBJECT TO MORE THAN ONE ORDER DESCRIBED IN SECTION 887
3105.81 OF THE REVISED CODE OR TO AN ORDER DESCRIBED IN SECTION 888
3105.81 OF THE REVISED CODE AND A WITHHOLDING ORDER UNDER SECTION 889
3111.23 OR 3113.21 OF THE REVISED CODE, THE ENTITY PROVIDING THE 891
ALTERNATIVE RETIREMENT PLAN SHALL, AFTER DETERMINING THAT THE 893
AMOUNTS THAT ARE OR WILL BE WITHHELD WILL CAUSE THE BENEFIT OR
LUMP SUM PAYMENT TO FALL BELOW THE LIMITS DESCRIBED IN SECTION 894
3105.85 OF THE REVISED CODE, DO ALL OF THE FOLLOWING: 896
(1) ESTABLISH, IN ACCORDANCE WITH DIVISION (G) OF THIS 898
SECTION AND SUBJECT TO THE LIMITS DESCRIBED IN SECTION 3105.85 OF 900
THE REVISED CODE, THE PRIORITY IN WHICH THE ORDERS ARE OR WILL BE 902
PAID;
(2) REDUCE THE AMOUNT PAID TO AN ALTERNATE PAYEE BASED ON 904
20
THE PRIORITY ESTABLISHED UNDER DIVISION (F)(1) OF THIS SECTION; 905
(3) NOTIFY, BY REGULAR MAIL, A PARTICIPANT AND ALTERNATE 908
PAYEE OF ANY ACTION TAKEN UNDER THIS DIVISION. 909
(G) A WITHHOLDING OR DEDUCTION NOTICE ISSUED UNDER SECTION 911
3111.23 OR 3113.21 OF THE REVISED CODE OR AN ORDER DESCRIBED IN 912
SECTION 3115.32 OF THE REVISED CODE HAS PRIORITY OVER ALL OTHER 913
ORDERS AND SHALL BE COMPLIED WITH IN ACCORDANCE WITH CHILD 914
SUPPORT ENFORCEMENT LAWS. ALL OTHER ORDERS ARE ENTITLED TO
PRIORITY IN ORDER OF EARLIEST RETENTION BY THE ENTITY PROVIDING A 915
PARTICIPANT'S ALTERNATIVE RETIREMENT PLAN. THE ENTITY IS NOT TO 916
RETAIN AN ORDER THAT PROVIDES FOR THE DIVISION OF PROPERTY UNLESS 917
THE ORDER IS FILED IN A COURT WITH JURISDICTION IN THIS STATE. 918
(H) AN ENTITY PROVIDING AN ALTERNATIVE RETIREMENT PLAN IS 920
NOT LIABLE IN CIVIL DAMAGES FOR LOSS RESULTING FROM ANY ACTION OR 921
FAILURE TO ACT IN COMPLIANCE WITH THIS SECTION. 922
Sec. 3305.22. AS USED IN THIS SECTION, "ALTERNATE PAYEE" 924
HAS THE SAME MEANING AS IN SECTION 3105.80 OF THE REVISED CODE. 925
IF A PERSON WHO IS AN ALTERNATE PAYEE IS PAID ANY AMOUNT 927
UNDER AN ORDER ISSUED UNDER SECTION 3105.171 OR 3105.65 OF THE 930
REVISED CODE TO WHICH THE PERSON IS NOT ENTITLED BY AN ENTITY 931
PROVIDING AN ALTERNATIVE RETIREMENT PLAN, THE PERSON SHALL REPAY 933
THE ENTITY. IF THE PERSON FAILS TO REPAY, THE ENTITY SHALL 934
WITHHOLD THE AMOUNT FROM ANY PAYMENT DUE THE PERSON UNDER THE 935
ORDER OR MAY COLLECT THE AMOUNT IN ANY OTHER MANNER PROVIDED BY 936
LAW.
Sec. 3307.21. (A) The treasurer of state shall furnish 945
annually to the state teachers retirement board a sworn statement 946
of the amount of the funds in the treasurer's custody belonging 948
to the state teachers retirement system.
(B)(1) As used in this division, "personal history record" 950
means information maintained by the board on AN INDIVIDUAL WHO IS 951
a member, former member, contributor, former contributor, 953
retirant, or beneficiary that includes the address, telephone 954
number, social security number, record of contributions, 955
21
correspondence with the system, or other information the board 956
determines to be confidential.
(2) The records of the board shall be open to public 958
inspection, except for the following, which shall be excluded, 959
except with the written authorization of the individual 960
concerned: 961
(a) The individual's personal records provided for in 963
section 3307.29 of the Revised Code; 964
(b) The individual's personal history record; 966
(c) Any information identifying, by name and address, the 968
amount of a monthly allowance or benefit paid to the individual. 969
(C) All medical reports and recommendations under sections 971
3307.42, 3307.44, and 3307.49 of the Revised Code are privileged, 972
except that copies of such medical reports or recommendations 973
shall be made available to the personal physician, attorney, or 974
authorized agent of the individual concerned upon written release 975
received from the individual or the individual's agent, or, when 977
necessary for the proper administration of the fund, to the board 978
assigned physician.
(D) Any person who is a member or contributor of the 980
system shall be furnished, on written request, with a statement 982
of the amount to the credit of the person's account. The board 983
need not answer more than one request of a person in any one 984
year.
(E) Notwithstanding the exceptions to public inspection in 986
division (B)(2) of this section, the board may furnish the 987
following information: 988
(1) If a member, former member, retirant, contributor, or 990
former contributor is subject to an order issued under section 991
2907.15 of the Revised Code or is convicted of or pleads guilty 992
to a violation of section 2921.41 of the Revised Code, on written 993
request of a prosecutor as defined in section 2935.01 of the 994
Revised Code, the board shall furnish to the prosecutor the 995
information requested from the individual's personal history 996
22
record. 997
(2) Pursuant to a court or administrative order issued 999
under section 3111.23 or 3113.21 of the Revised Code, the board 1,000
shall furnish to a court or child support enforcement agency the 1,001
information required under that section. 1,002
(3) At the written request of any person, the board shall 1,004
provide to the person a list of the names and addresses of 1,005
members, former members, retirants, contributors, former 1,006
contributors, or beneficiaries. The costs of compiling, copying, 1,007
and mailing the list shall be paid by such person. 1,008
(4) Within fourteen days after receiving from the director 1,010
of job and family services a list of the names and social 1,011
security numbers of recipients of public assistance pursuant to 1,012
section 5101.181 of the Revised Code, the board shall inform the 1,013
auditor of state of the name, current or most recent employer 1,014
address, and social security number of each member whose name and 1,015
social security number are the same as that of a person whose 1,016
name or social security number was submitted by the director. 1,017
The board and its employees shall, except for purposes of 1,018
furnishing the auditor of state with information required by this 1,019
section, preserve the confidentiality of recipients of public 1,020
assistance in compliance with division (A) of section 5101.181 of 1,021
the Revised Code.
(5) THE SYSTEM SHALL COMPLY WITH ORDERS ISSUED UNDER 1,024
SECTION 3105.87 OF THE REVISED CODE.
ON THE WRITTEN REQUEST OF AN ALTERNATE PAYEE, AS DEFINED IN 1,026
SECTION 3105.80 OF THE REVISED CODE, THE SYSTEM SHALL FURNISH TO 1,028
THE ALTERNATE PAYEE INFORMATION ON THE AMOUNT AND STATUS OF ANY 1,029
AMOUNTS PAYABLE TO THE ALTERNATE PAYEE UNDER AN ORDER ISSUED 1,030
UNDER SECTION 3105.171 OR 3105.65 OF THE REVISED CODE. 1,031
(F) A statement that contains information obtained from 1,033
the system's records that is signed by an officer of the 1,034
retirement system and to which the system's official seal is 1,035
affixed, or copies of the system's records to which the signature 1,036
23
and seal are attached, shall be received as true copies of the 1,037
system's records in any court or before any officer of this 1,038
state. 1,039
Sec. 3307.71. The right of a person AN INDIVIDUAL to a 1,049
pension, an annuity, or a retirement allowance itself, THE RIGHT 1,052
OF AN INDIVIDUAL TO any optional benefit, any other right accrued 1,053
or accruing to any person, INDIVIDUAL under sections 3307.01 to 1,054
3307.74 of the Revised Code THIS CHAPTER, or the various funds 1,057
created by section 3307.65 of the Revised Code, and all moneys
and, investments, and income thereof, FROM MONEYS OR INVESTMENTS 1,060
are exempt from any state tax, except the tax imposed by section 1,061
5747.02 of the Revised Code, and are exempt from any county, 1,063
municipal, or other local tax, except taxes imposed pursuant to
section 5748.02 or 5748.08 of the Revised Code, and, except as 1,066
provided in sections 3105.171, 3105.65, 3111.23, 3113.21, 1,068
3115.32, and 3307.72 of the Revised Code, shall not be subject to 1,069
execution, garnishment, attachment, the operation of bankruptcy 1,070
or insolvency laws, or any other process of law whatsoever, and 1,071
shall be unassignable except as specifically provided in THIS 1,074
CHAPTER OR sections 3105.171, 3105.65, 3111.23, 3113.21, and 1,075
3307.01 to 3307.74 3115.32 of the Revised Code. 1,077
Sec. 3307.721. (A) AS USED IN THIS SECTION, "ALTERNATE 1,079
PAYEE," "BENEFIT," "LUMP SUM PAYMENT," "PARTICIPANT," AND "PUBLIC 1,081
RETIREMENT PROGRAM" HAVE THE SAME MEANINGS AS IN SECTION 3105.80 1,082
OF THE REVISED CODE.
(B) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.171 1,084
OR 3105.65 OF THE REVISED CODE, THE STATE TEACHERS RETIREMENT 1,085
SYSTEM SHALL DETERMINE WHETHER THE ORDER MEETS THE REQUIREMENTS 1,087
OF SECTIONS 3105.80 TO 3105.90 OF THE REVISED CODE. THE SYSTEM 1,088
SHALL RETAIN IN THE PARTICIPANT'S RECORD AN ORDER THE BOARD 1,089
DETERMINES MEETS THE REQUIREMENTS. NOT LATER THAN SIXTY DAYS 1,090
AFTER RECEIPT, THE SYSTEM SHALL RETURN TO THE COURT THAT ISSUED 1,091
THE ORDER ANY ORDER THE SYSTEM DETERMINES DOES NOT MEET THE 1,092
REQUIREMENTS.
24
(C) THE SYSTEM SHALL COMPLY WITH AN ORDER RETAINED UNDER 1,095
DIVISION (B) OF THIS SECTION AT THE FOLLOWING TIMES AS
APPROPRIATE: 1,096
(1) IF THE PARTICIPANT HAS APPLIED FOR OR IS RECEIVING A 1,098
BENEFIT OR HAS APPLIED FOR BUT NOT YET RECEIVED A LUMP SUM 1,099
PAYMENT, AS SOON AS PRACTICABLE; 1,100
(2) IF THE PARTICIPANT HAS NOT APPLIED FOR A BENEFIT OR 1,103
LUMP SUM PAYMENT, ON APPLICATION BY THE PARTICIPANT FOR A BENEFIT 1,104
OR LUMP SUM PAYMENT. 1,105
(D) IF THE SYSTEM TRANSFERS A PARTICIPANT'S SERVICE CREDIT 1,107
OR CONTRIBUTIONS MADE BY OR ON BEHALF OF A PARTICIPANT TO A 1,108
PUBLIC RETIREMENT PROGRAM THAT IS NOT NAMED IN THE ORDER, THE 1,109
SYSTEM SHALL DO BOTH OF THE FOLLOWING: 1,110
(1) NOTIFY THE COURT THAT ISSUED THE ORDER BY SENDING TO 1,113
THE COURT A COPY OF THE ORDER AND THE NAME AND ADDRESS OF THE 1,114
PUBLIC RETIREMENT PROGRAM TO WHICH THE TRANSFER WAS MADE.
(2) SEND A COPY OF THE ORDER TO THE PUBLIC RETIREMENT 1,116
PROGRAM TO WHICH THE TRANSFER WAS MADE. 1,117
(E) IF IT RECEIVES A PARTICIPANT'S SERVICE CREDIT OR 1,119
CONTRIBUTIONS AND A COPY OF AN ORDER AS PROVIDED IN DIVISION (D) 1,121
OF THIS SECTION, THE SYSTEM SHALL ADMINISTER THE ORDER AS IF IT 1,122
WERE THE PUBLIC RETIREMENT PROGRAM NAMED IN THE ORDER. 1,123
(F) IF A PARTICIPANT'S BENEFIT OR LUMP SUM PAYMENT IS OR 1,126
WILL BE SUBJECT TO MORE THAN ONE ORDER DESCRIBED IN SECTION 1,127
3105.81 OF THE REVISED CODE OR TO AN ORDER DESCRIBED IN SECTION 1,128
3105.81 OF THE REVISED CODE AND A WITHHOLDING ORDER UNDER SECTION 1,129
3111.23 OR 3113.21 OF THE REVISED CODE, THE SYSTEM SHALL, AFTER 1,132
DETERMINING THAT THE AMOUNTS THAT ARE OR WILL BE WITHHELD WILL 1,133
CAUSE THE BENEFIT OR LUMP SUM PAYMENT TO FALL BELOW THE LIMITS 1,134
DESCRIBED IN SECTION 3105.85 OF THE REVISED CODE, DO ALL OF THE 1,135
FOLLOWING: 1,136
(1) ESTABLISH, IN ACCORDANCE WITH DIVISION (G) OF THIS 1,138
SECTION AND SUBJECT TO THE LIMITS DESCRIBED IN SECTION 3105.85 OF 1,140
THE REVISED CODE, THE PRIORITY IN WHICH THE ORDERS ARE OR WILL BE 1,142
25
PAID BY THE SYSTEM IN ACCORDANCE WITH DIVISION (G) OF THIS
SECTION; 1,143
(2) REDUCE THE AMOUNT PAID TO AN ALTERNATE PAYEE BASED ON 1,145
THE PRIORITY ESTABLISHED UNDER DIVISION (F)(1) OF THIS SECTION; 1,146
(3) NOTIFY, BY REGULAR MAIL, A PARTICIPANT AND ALTERNATE 1,149
PAYEE OF ANY ACTION TAKEN UNDER THIS DIVISION. 1,150
(G) A WITHHOLDING OR DEDUCTION NOTICE ISSUED UNDER SECTION 1,152
3111.23 OR 3113.21 OF THE REVISED CODE OR AN ORDER DESCRIBED IN 1,153
SECTION 3115.32 OF THE REVISED CODE HAS PRIORITY OVER ALL OTHER 1,154
ORDERS AND SHALL BE COMPLIED WITH IN ACCORDANCE WITH CHILD 1,155
SUPPORT ENFORCEMENT LAWS. ALL OTHER ORDERS ARE ENTITLED TO
PRIORITY IN ORDER OF EARLIEST RETENTION BY THE SYSTEM. THE 1,156
SYSTEM IS NOT TO RETAIN AN ORDER THAT PROVIDES FOR THE DIVISION 1,157
OF PROPERTY UNLESS THE ORDER IS FILED IN A COURT WITH 1,158
JURISDICTION IN THIS STATE.
(H) THE SYSTEM IS NOT LIABLE IN CIVIL DAMAGES FOR LOSS 1,160
RESULTING FROM ANY ACTION OR FAILURE TO ACT IN COMPLIANCE WITH 1,161
THIS SECTION.
Sec. 3307.751. If THE PERSON WHO IS a member, former 1,170
member, contributor, former contributor, retirant, or 1,172
beneficiary, OR ALTERNATE PAYEE, AS DEFINED IN SECTION 3105.80 OF 1,173
THE REVISED CODE, is paid any benefit OR PAYMENT by the state 1,174
teachers retirement system to which he THE PERSON is not 1,175
entitled, the benefit shall be repaid to the retirement system by 1,177
him THE PERSON. If he SUCH A PERSON fails to make the repayment, 1,178
the retirement system shall withhold the amount due from any 1,179
benefit due him THE PERSON or his THE PERSON'S beneficiary under 1,181
this chapter, or may collect the amount in any other manner
provided by law. 1,182
Sec. 3309.22. (A) The treasurer of state shall furnish 1,191
annually to the school employees retirement board a sworn 1,192
statement of the amount of the funds in the treasurer's custody 1,194
belonging to the school employees retirement system. 1,195
(B)(1) As used in this division, "personal history record" 1,197
26
means information maintained by the board on AN INDIVIDUAL WHO IS 1,198
a member, former member, contributor, former contributor, 1,200
retirant, or beneficiary that includes the address, telephone 1,201
number, social security number, record of contributions, 1,202
correspondence with the system, and other information the board 1,203
determines to be confidential.
(2) The records of the board shall be open to public 1,205
inspection, except for the following, which shall be excluded, 1,206
except with the written authorization of the individual 1,207
concerned: 1,208
(a) The individual's statement of previous service and 1,210
other information as provided for in section 3309.28 of the 1,211
Revised Code; 1,212
(b) Any information identifying by name and address the 1,214
amount of a monthly allowance or benefit paid to the individual; 1,215
(c) The individual's personal history record. 1,217
(C) All medical reports and recommendations required by 1,219
the system are privileged except that copies of such medical 1,220
reports or recommendations shall be made available to the 1,221
personal physician, attorney, or authorized agent of the 1,222
individual concerned upon written release received from the 1,223
individual or the individual's agent, or when necessary for the 1,225
proper administration of the fund, to the board assigned 1,226
physician.
(D) Any person who is a contributor of the system shall be 1,228
furnished, on written request, with a statement of the amount to 1,230
the credit of the person's account. The board need not answer 1,231
more than one such request of a person in any one year.
(E) Notwithstanding the exceptions to public inspection in 1,233
division (B)(2) of this section, the board may furnish the 1,234
following information: 1,235
(1) If a member, former member, contributor, former 1,237
contributor, or retirant is subject to an order issued under 1,238
section 2907.15 of the Revised Code or is convicted of or pleads 1,239
27
guilty to a violation of section 2921.41 of the Revised Code, on 1,240
written request of a prosecutor as defined in section 2935.01 of 1,241
the Revised Code, the board shall furnish to the prosecutor the 1,242
information requested from the individual's personal history 1,243
record. 1,244
(2) Pursuant to a court or administrative order issued 1,246
under section 3111.23 or 3113.21 of the Revised Code, the board 1,247
shall furnish to a court or child support enforcement agency the 1,248
information required under that section. 1,249
(3) At the written request of any person, the board shall 1,251
provide to the person a list of the names and addresses of 1,252
members, former members, retirants, contributors, former 1,253
contributors, or beneficiaries. The costs of compiling, copying, 1,254
and mailing the list shall be paid by such person. 1,255
(4) Within fourteen days after receiving from the director 1,257
of job and family services a list of the names and social 1,258
security numbers of recipients of public assistance pursuant to 1,260
section 5101.181 of the Revised Code, the board shall inform the 1,261
auditor of state of the name, current or most recent employer 1,262
address, and social security number of each contributor whose 1,263
name and social security number are the same as that of a person 1,264
whose name or social security number was submitted by the 1,265
director. The board and its employees shall, except for purposes 1,266
of furnishing the auditor of state with information required by 1,267
this section, preserve the confidentiality of recipients of 1,268
public assistance in compliance with division (A) of section 1,269
5101.181 of the Revised Code. 1,270
(5) THE SYSTEM SHALL COMPLY WITH ORDERS ISSUED UNDER 1,273
SECTION 3105.87 OF THE REVISED CODE.
ON THE WRITTEN REQUEST OF AN ALTERNATE PAYEE, AS DEFINED IN 1,275
SECTION 3105.80 OF THE REVISED CODE, THE SYSTEM SHALL FURNISH TO 1,277
THE ALTERNATE PAYEE INFORMATION ON THE AMOUNT AND STATUS OF ANY 1,278
AMOUNTS PAYABLE TO THE ALTERNATE PAYEE UNDER AN ORDER ISSUED 1,279
UNDER SECTION 3105.171 OR 3105.65 OF THE REVISED CODE. 1,280
28
(F) A statement that contains information obtained from 1,282
the system's records that is signed by an officer of the 1,283
retirement system and to which the system's official seal is 1,284
affixed, or copies of the system's records to which the signature 1,285
and seal are attached, shall be received as true copies of the 1,286
system's records in any court or before any officer of this 1,287
state. 1,288
Sec. 3309.66. The right of a person AN INDIVIDUAL to a 1,298
pension, an annuity, or a retirement allowance itself, THE RIGHT 1,300
OF AN INDIVIDUAL TO any optional benefit, any other right accrued 1,301
or accruing to any persons, INDIVIDUAL under sections 3309.01 to 1,302
3309.68 of the Revised Code THIS CHAPTER, or the various funds 1,304
created by section 3309.60 of the Revised Code, and all moneys 1,306
and, investments, and income thereof, FROM MONEYS AND INVESTMENTS 1,308
are exempt from any state tax, except the tax imposed by section 1,309
5747.02 of the Revised Code, and are exempt from any county, 1,310
municipal, or other local tax, except taxes imposed pursuant to
section 5748.02 or 5748.08 of the Revised Code, and, except as 1,313
provided in sections 3105.171, 3105.65, 3111.23, 3113.21, 1,315
3115.32, and 3309.67 of the Revised Code, shall not be subject to 1,316
execution, garnishment, attachment, the operation of bankruptcy 1,317
or insolvency laws, or any other process of law whatsoever, and 1,318
shall be unassignable except as specifically provided in THIS 1,321
CHAPTER OR sections 3105.171, 3105.65, 3111.23, 3113.21, and 1,323
3309.01 to 3309.68 3115.32 of the Revised Code. 1,324
Sec. 3309.671. (A) AS USED IN THIS SECTION, "ALTERNATE 1,326
PAYEE," "BENEFIT," "LUMP SUM PAYMENT," "PARTICIPANT," AND "PUBLIC 1,328
RETIREMENT PROGRAM" HAVE THE SAME MEANINGS AS IN SECTION 3105.80 1,329
OF THE REVISED CODE.
(B) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.171 1,331
OR 3105.65 OF THE REVISED CODE, THE SCHOOL EMPLOYEES RETIREMENT 1,332
SYSTEM SHALL DETERMINE WHETHER THE ORDER MEETS THE REQUIREMENTS 1,334
OF SECTIONS 3105.80 TO 3105.90 OF THE REVISED CODE. THE SYSTEM 1,335
SHALL RETAIN IN THE PARTICIPANT'S RECORD AN ORDER THE SYSTEM 1,336
29
DETERMINES MEETS THE REQUIREMENTS. NOT LATER THAN SIXTY DAYS 1,337
AFTER RECEIPT, THE SYSTEM SHALL RETURN TO THE COURT THAT ISSUED 1,338
THE ORDER ANY ORDER THE SYSTEM DETERMINES DOES NOT MEET THE 1,339
REQUIREMENTS.
(C) THE SYSTEM SHALL COMPLY WITH AN ORDER RETAINED UNDER 1,342
DIVISION (B) OF THIS SECTION AT THE FOLLOWING TIMES AS
APPROPRIATE: 1,343
(1) IF THE PARTICIPANT HAS APPLIED FOR OR IS RECEIVING A 1,345
BENEFIT OR HAS APPLIED FOR BUT NOT YET RECEIVED A LUMP SUM 1,346
PAYMENT, AS SOON AS PRACTICABLE; 1,347
(2) IF THE PARTICIPANT HAS NOT APPLIED FOR A BENEFIT OR 1,350
LUMP SUM PAYMENT, ON APPLICATION BY THE PARTICIPANT FOR A BENEFIT 1,351
OR LUMP SUM PAYMENT. 1,352
(D) IF THE SYSTEM TRANSFERS A PARTICIPANT'S SERVICE CREDIT 1,354
OR CONTRIBUTIONS MADE BY OR ON BEHALF OF A PARTICIPANT TO A 1,355
PUBLIC RETIREMENT PROGRAM THAT IS NOT NAMED IN THE ORDER, THE 1,356
SYSTEM SHALL DO BOTH OF THE FOLLOWING: 1,357
(1) NOTIFY THE COURT THAT ISSUED THE ORDER BY SENDING THE 1,360
COURT A COPY OF THE ORDER AND THE NAME AND ADDRESS OF THE PUBLIC 1,361
RETIREMENT PROGRAM TO WHICH THE TRANSFER WAS MADE. 1,362
(2) SEND A COPY OF THE ORDER TO THE PUBLIC RETIREMENT 1,364
PROGRAM TO WHICH THE TRANSFER WAS MADE. 1,365
(E) IF IT RECEIVES A PARTICIPANT'S SERVICE CREDIT OR 1,367
CONTRIBUTIONS AND A COPY OF AN ORDER AS PROVIDED IN DIVISION (D) 1,369
OF THIS SECTION, THE SYSTEM SHALL ADMINISTER THE ORDER AS IF IT 1,370
WERE THE PUBLIC RETIREMENT PROGRAM NAMED IN THE ORDER. 1,371
(F) IF A PARTICIPANT'S BENEFIT OR LUMP SUM PAYMENT IS OR 1,374
WILL BE SUBJECT TO MORE THAN ONE ORDER DESCRIBED IN SECTION 1,375
3105.81 OF THE REVISED CODE OR TO AN ORDER DESCRIBED IN SECTION 1,376
3105.81 OF THE REVISED CODE AND A WITHHOLDING ORDER UNDER SECTION 1,377
3111.23 OR 3113.21 OF THE REVISED CODE, THE SYSTEM SHALL, AFTER 1,380
DETERMINING THAT THE AMOUNTS THAT ARE OR WILL BE WITHHELD WILL 1,381
CAUSE THE BENEFIT OR LUMP SUM PAYMENT TO FALL BELOW THE LIMITS 1,382
DESCRIBED IN SECTION 3105.85 OF THE REVISED CODE, DO ALL OF THE 1,383
30
FOLLOWING: 1,384
(1) ESTABLISH, IN ACCORDANCE WITH DIVISION (G) OF THIS 1,386
SECTION AND SUBJECT TO THE LIMITS DESCRIBED IN SECTION 3105.85 OF 1,388
THE REVISED CODE, THE PRIORITY IN WHICH THE ORDERS ARE OR WILL BE 1,390
PAID BY THE SYSTEM;
(2) REDUCE THE AMOUNT PAID TO AN ALTERNATE PAYEE BASED ON 1,392
THE PRIORITY ESTABLISHED UNDER DIVISION (F)(1) OF THIS SECTION; 1,393
(3) NOTIFY, BY REGULAR MAIL, A PARTICIPANT AND ALTERNATE 1,396
PAYEE OF ANY ACTION TAKEN UNDER THIS DIVISION. 1,397
(G) A WITHHOLDING OR DEDUCTION NOTICE ISSUED UNDER SECTION 1,399
3111.23 OR 3113.21 OF THE REVISED CODE OR AN ORDER DESCRIBED IN 1,400
SECTION 3115.32 OF THE REVISED CODE HAS PRIORITY OVER ALL OTHER 1,401
ORDERS AND SHALL BE COMPLIED WITH IN ACCORDANCE WITH CHILD 1,402
SUPPORT ENFORCEMENT LAWS. ALL OTHER ORDERS ARE ENTITLED TO
PRIORITY IN ORDER OF EARLIEST RETENTION BY THE SYSTEM. THE 1,403
SYSTEM IS NOT TO RETAIN AN ORDER THAT PROVIDES FOR THE DIVISION 1,404
OF PROPERTY UNLESS THE ORDER IS FILED IN A COURT WITH 1,405
JURISDICTION IN THIS STATE.
(H) THE SYSTEM IS NOT LIABLE IN CIVIL DAMAGES FOR LOSS 1,407
RESULTING FROM ANY ACTION OR FAILURE TO ACT IN COMPLIANCE WITH 1,408
THIS SECTION.
Sec. 3309.70. If a PERSON WHO IS A member, former member, 1,417
contributor, former contributor, retirant, or beneficiary, OR 1,419
ALTERNATE PAYEE, AS DEFINED IN SECTION 3105.80 OF THE REVISED 1,420
CODE, is paid any benefit OR PAYMENT by the school employees 1,421
retirement system to which he THE PERSON is not entitled, the 1,422
benefit shall be repaid to the retirement system by him THE 1,424
PERSON. If he THE PERSON fails to make the repayment, the 1,425
retirement system shall withhold the amount due from any benefit 1,426
due him THE PERSON or his THE PERSON'S beneficiary under this 1,428
chapter, or may collect the amount in any other manner provided 1,430
by law.
Sec. 5505.04. (A) The general administration and 1,439
management of the state highway patrol retirement system and the 1,440
31
making effective of this chapter are hereby vested in the state 1,441
highway patrol retirement board. The board may sue and be sued, 1,442
plead and be impleaded, contract and be contracted with, and do 1,443
all things necessary to carry out this chapter. 1,444
The board shall consist of the auditor of state, the 1,446
superintendent of the state highway patrol, a retirant-member who 1,447
is a resident of this state, and four employee-members. 1,448
The board shall annually elect a chairperson and 1,450
vice-chairperson from among its members. The vice-chairperson 1,451
shall act as chairperson in the absence of the chairperson. A 1,452
majority of the members of the board shall constitute a quorum 1,453
and any action taken shall be approved by four or more of the 1,454
members. The board shall meet not less than once each year, upon 1,455
sufficient notice to the members. All meetings of the board 1,456
shall be open to the public except executive sessions as set 1,457
forth in division (G) of section 121.22 of the Revised Code, and 1,458
any portions of any sessions discussing medical records or the 1,459
degree of disability of a member excluded from public inspection 1,460
by this section.
(B) The attorney general shall prescribe procedures for 1,462
the adoption of rules authorized under this chapter, consistent 1,463
with the provision of section 111.15 of the Revised Code under 1,464
which all rules shall be filed in order to be effective. Such 1,465
procedures shall establish methods by which notice of proposed 1,466
rules are given to interested parties and rules adopted by the 1,467
board published and otherwise made available. When it files a 1,469
rule with the joint committee on agency rule review pursuant to 1,470
section 111.15 of the Revised Code, the board shall submit to the 1,472
Ohio retirement study council a copy of the full text of the 1,473
rule, and if applicable, a copy of the rule summary and fiscal 1,475
analysis required by division (B) of section 127.18 of the 1,476
Revised Code. 1,478
(C) The retirant-member of the board shall be elected for 1,480
a four-year term by a general election of service and disability 1,481
32
retirants conducted in a manner approved by the board. The term 1,482
of the initial retirant-member shall commence in August 1990. A 1,483
person who at the time of retirement is an employee-member of the 1,484
board is not eligible to become a retirant-member until three 1,485
years after such person's retirement date. Employee-members of 1,487
the board shall be elected for terms of four years by a general 1,488
election of contributing members conducted in a manner approved 1,489
by the board. The term of office of each employee-member shall 1,490
commence in August of the year in which such member is elected. 1,491
Any vacancy occurring in the term of the retirant-member or any 1,493
employee-member of the board shall be filled by an election 1,494
conducted in the same manner as other retirant-member and 1,495
employee-member elections. The retirant-member or 1,496
employee-member elected shall fill the unexpired term. 1,497
(D)(1) As used in this division, "personal history record" 1,499
means information maintained by the board on AN INDIVIDUAL WHO IS 1,500
a member, former member, retirant, or beneficiary that includes 1,502
the address, telephone number, social security number, record of 1,503
contributions, correspondence with the system, and other 1,504
information the board determines to be confidential. 1,505
(2) The records of the board shall be open to public 1,507
inspection, except for the following which shall be excluded: the 1,509
member's, former member's, retirant's, or beneficiary's personal 1,510
history record and the amount of a monthly allowance or benefit 1,511
paid to a retirant, beneficiary, or survivor, except with the 1,512
written authorization of the individual concerned. All medical 1,513
reports and recommendations are privileged except that copies of 1,514
such medical reports or recommendations shall be made available 1,515
to the individual's personal physician, attorney, or authorized 1,516
agent upon written release received from such individual or such 1,517
individual's agent, or when necessary for the proper 1,518
administration of the fund to the board-assigned physician. 1,519
(E) Notwithstanding the exceptions to public inspection in 1,521
division (D)(2) of this section, the board may furnish the 1,522
33
following information: 1,523
(1) If a member, former member, or retirant is subject to 1,525
an order issued under section 2907.15 of the Revised Code or is 1,526
convicted of or pleads guilty to a violation of section 2921.41 1,527
of the Revised Code, on written request of a prosecutor as 1,528
defined in section 2935.01 of the Revised Code, the board shall 1,529
furnish to the prosecutor the information requested from the 1,530
individual's personal history record. 1,531
(2) Pursuant to a court order issued under section 3113.21 1,533
of the Revised Code, the board shall furnish to a court or child 1,534
support enforcement agency the information required under that 1,535
section. 1,536
(3) At the written request of any nonprofit organization 1,538
or association providing services to retirement system members, 1,539
retirants, or beneficiaries, the board shall provide to the 1,540
organization or association a list of the names and addresses of 1,541
members, former members, retirants, or beneficiaries if the 1,542
organization or association agrees to use such information solely 1,543
in accordance with its stated purpose of providing services to 1,544
such individuals and not for the benefit of other persons, 1,545
organizations, or associations. The costs of compiling, copying, 1,546
and mailing the list shall be paid by such entity. 1,547
(4) Within fourteen days after receiving from the director 1,549
of job and family services a list of the names and social 1,550
security numbers of recipients of public assistance pursuant to 1,551
section 5101.181 of the Revised Code, the board shall inform the 1,552
auditor of state of the name, current or most recent employer 1,553
address, and social security number of each member whose name and 1,554
social security number are the same as those of a person whose 1,555
name or social security number was submitted by the director. 1,556
The board and its employees, except for purposes of furnishing 1,557
the auditor of state with information required by this section, 1,558
shall preserve the confidentiality of recipients of public 1,559
assistance in compliance with division (A) of section 5101.181 of 1,560
34
the Revised Code.
(5) THE SYSTEM SHALL COMPLY WITH ORDERS ISSUED UNDER 1,563
SECTION 3105.87 OF THE REVISED CODE.
ON THE WRITTEN REQUEST OF AN ALTERNATE PAYEE, AS DEFINED IN 1,565
SECTION 3105.80 OF THE REVISED CODE, THE SYSTEM SHALL FURNISH TO 1,567
THE ALTERNATE PAYEE INFORMATION ON THE AMOUNT AND STATUS OF ANY 1,568
AMOUNTS PAYABLE TO THE ALTERNATE PAYEE UNDER AN ORDER ISSUED 1,569
UNDER SECTION 3105.171 OR 3105.65 OF THE REVISED CODE. 1,570
(F) A statement that contains information obtained from 1,572
the system's records that is certified and signed by an officer 1,573
of the retirement system and to which the system's official seal 1,574
is affixed, or copies of the system's records to which the 1,575
signature and seal are attached, shall be received as true copies 1,576
of the system's records in any court or before any officer of 1,577
this state. 1,578
Sec. 5505.22. The right of any person INDIVIDUAL to a 1,588
pension, or to the return of accumulated contributions, payable 1,589
as provided under this chapter, and all moneys, AND investments 1,590
of the state highway patrol retirement system, and income 1,591
therefrom, FROM MONEYS OR INVESTMENTS are exempt from any state 1,592
tax, except the tax imposed by section 5747.02 of the Revised 1,594
Code, and are exempt from any county, municipal, or other local 1,595
tax, except taxes imposed pursuant to section 5748.02 or 5748.08 1,596
of the Revised Code, and, except as provided in sections 1,599
3105.171, 3105.65, 3111.23, 3113.21, 3115.32, and 5505.26 of the 1,601
Revised Code, shall not be subject to execution, garnishment,
attachment, the operation of bankruptcy or insolvency laws, or 1,602
any other process of law whatsoever, and shall be unassignable 1,603
except as specifically provided in this chapter. 1,605
Sec. 5505.261. (A) AS USED IN THIS SECTION, "ALTERNATE 1,607
PAYEE," "BENEFIT," "LUMP SUM PAYMENT," "PARTICIPANT," AND "PUBLIC 1,609
RETIREMENT PROGRAM" HAVE THE SAME MEANINGS AS IN SECTION 3105.80 1,610
OF THE REVISED CODE.
(B) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.171 1,612
35
OR 3105.65 OF THE REVISED CODE, THE STATE HIGHWAY PATROL 1,613
RETIREMENT SYSTEM SHALL DETERMINE WHETHER THE ORDER MEETS THE 1,615
REQUIREMENTS OF SECTIONS 3105.80 TO 3105.90 OF THE REVISED CODE. 1,616
THE SYSTEM SHALL RETAIN IN THE PARTICIPANT'S RECORD AN ORDER THE 1,617
SYSTEM DETERMINES MEETS THE REQUIREMENTS. NOT LATER THAN SIXTY 1,618
DAYS AFTER RECEIPT, THE SYSTEM SHALL RETURN TO THE COURT THAT 1,619
ISSUED THE ORDER ANY ORDER THE SYSTEM DETERMINES DOES NOT MEET 1,620
THE REQUIREMENTS.
(C) THE SYSTEM SHALL COMPLY WITH AN ORDER RETAINED UNDER 1,623
DIVISION (B) OF THIS SECTION AT EITHER OF THE FOLLOWING TIMES AS 1,624
APPROPRIATE:
(1) IF THE PARTICIPANT HAS APPLIED FOR OR IS RECEIVING A 1,626
BENEFIT OR HAS APPLIED FOR BUT NOT YET RECEIVED A LUMP SUM 1,627
PAYMENT, AS SOON AS PRACTICABLE; 1,628
(2) IF THE PARTICIPANT HAS NOT APPLIED FOR A BENEFIT OR 1,631
LUMP SUM PAYMENT, ON APPLICATION BY THE PARTICIPANT FOR A BENEFIT 1,632
OR LUMP SUM PAYMENT. 1,633
(D) IF THE SYSTEM TRANSFERS A PARTICIPANT'S SERVICE CREDIT 1,635
OR CONTRIBUTIONS MADE BY OR ON BEHALF OF A PARTICIPANT TO A 1,636
PUBLIC RETIREMENT PROGRAM THAT IS NOT NAMED IN THE ORDER, THE 1,639
SYSTEM SHALL DO BOTH OF THE FOLLOWING:
(1) NOTIFY THE COURT THAT ISSUED THE ORDER BY SENDING THE 1,642
COURT A COPY OF THE ORDER AND THE NAME AND ADDRESS OF THE PUBLIC 1,643
RETIREMENT PROGRAM TO WHICH THE TRANSFER WAS MADE.
(2) SEND A COPY OF THE ORDER TO THE PUBLIC RETIREMENT 1,645
PROGRAM TO WHICH THE TRANSFER WAS MADE. 1,646
(E) IF IT RECEIVES A PARTICIPANT'S SERVICE CREDIT OR 1,648
CONTRIBUTIONS AND A COPY OF AN ORDER AS PROVIDED IN DIVISION (D) 1,650
OF THIS SECTION, THE SYSTEM SHALL ADMINISTER THE ORDER AS IF IT 1,651
WERE THE PUBLIC RETIREMENT PROGRAM NAMED IN THE ORDER. 1,652
(F) IF A PARTICIPANT'S BENEFIT OR LUMP SUM PAYMENT IS OR 1,655
WILL BE SUBJECT TO MORE THAN ONE ORDER DESCRIBED IN SECTION 1,656
3105.81 OF THE REVISED CODE OR TO AN ORDER DESCRIBED IN SECTION 1,657
3105.81 OF THE REVISED CODE AND A WITHHOLDING ORDER UNDER SECTION 1,658
36
3111.23 OR 3113.21 OF THE REVISED CODE, THE SYSTEM SHALL, AFTER 1,661
DETERMINING THAT THE AMOUNTS THAT ARE OR WILL BE WITHHELD WILL 1,662
CAUSE THE BENEFIT OR LUMP SUM PAYMENT TO FALL BELOW THE LIMITS 1,663
DESCRIBED IN SECTION 3105.85 OF THE REVISED CODE, DO ALL OF THE 1,664
FOLLOWING: 1,665
(1) ESTABLISH, IN ACCORDANCE WITH DIVISION (G) OF THIS 1,667
SECTION AND SUBJECT TO THE LIMITS DESCRIBED IN SECTION 3105.85 OF 1,669
THE REVISED CODE, THE PRIORITY IN WHICH THE ORDERS ARE OR WILL BE 1,671
PAID BY THE RETIREMENT SYSTEM IN ACCORDANCE WITH DIVISION (G) OF
THIS SECTION; 1,672
(2) REDUCE THE AMOUNT PAID TO AN ALTERNATE PAYEE BASED ON 1,674
THE PRIORITY ESTABLISHED UNDER DIVISION (F)(1) OF THIS SECTION; 1,675
(3) NOTIFY, BY REGULAR MAIL, A PARTICIPANT AND ALTERNATE 1,678
PAYEE OF ANY ACTION TAKEN UNDER THIS DIVISION. 1,679
(G) A WITHHOLDING OR DEDUCTION NOTICE ISSUED UNDER SECTION 1,681
3111.23 OR 3113.21 OF THE REVISED CODE OR AN ORDER DESCRIBED IN 1,682
SECTION 3115.32 OF THE REVISED CODE HAS PRIORITY OVER ALL OTHER 1,683
ORDERS AND SHALL BE COMPLIED WITH IN ACCORDANCE WITH CHILD 1,684
SUPPORT ENFORCEMENT LAWS. ALL OTHER ORDERS ARE ENTITLED TO
PRIORITY IN ORDER OF EARLIEST RETENTION BY THE SYSTEM. THE 1,685
SYSTEM IS NOT TO RETAIN AN ORDER THAT PROVIDES FOR THE DIVISION 1,686
OF PROPERTY UNLESS THE ORDER IS FILED IN A COURT WITH 1,687
JURISDICTION IN THIS STATE.
(H) THE SYSTEM IS NOT LIABLE IN CIVIL DAMAGES FOR LOSS 1,689
RESULTING FROM ANY ACTION OR FAILURE TO ACT IN COMPLIANCE WITH 1,690
THIS SECTION.
Sec. 5505.34. AS USED IN THIS SECTION, "ALTERNATE PAYEE," 1,692
"BENEFIT," AND "LUMP SUM PAYMENT" HAVE THE SAME MEANINGS AS IN 1,693
SECTION 3105.80 OF THE REVISED CODE.
IF A PERSON WHO IS AN ALTERNATE PAYEE IS PAID ANY AMOUNT 1,695
FROM A BENEFIT OR LUMP SUM PAYMENT UNDER AN ORDER ISSUED UNDER 1,696
SECTION 3105.171 OR 3105.65 OF THE REVISED CODE BY THE STATE 1,697
HIGHWAY PATROL RETIREMENT SYSTEM TO WHICH THE PERSON IS NOT
ENTITLED, THE PERSON SHALL REPAY THE RETIREMENT SYSTEM. IF THE 1,698
37
PERSON FAILS TO REPAY, THE RETIREMENT SYSTEM SHALL WITHHOLD THE 1,699
AMOUNT DUE FROM ANY PAYMENT DUE THE PERSON UNDER THE ORDER OR MAY 1,700
COLLECT THE AMOUNT IN ANY OTHER MANNER PROVIDED BY LAW. 1,701
Section 2. That existing sections 145.27, 145.56, 145.563, 1,703
742.41, 742.47, 3305.08, 3307.21, 3307.71, 3307.751, 3309.22, 1,706
3309.66, 3309.70, 5505.04, and 5505.22 of the Revised Code are 1,707
hereby repealed.
Section 3. Compliance with the provisions of this act by a 1,709
public retirement program, as defined in section 3105.80 of the 1,710
Revised Code, shall not subject the program to any provisions of 1,711
federal law that do not otherwise apply to a governmental plan, 1,712
as defined under section 414 of the "Internal Revenue Code of 1,713
1986," 100 Stat. 2085, 26 U.S.C.A. 414(d), as amended. 1,714
Section 4. This act applies only to orders issued under 1,716
section 3105.171 or 3105.65 of the Revised Code or modified as 1,717
authorized under section 3105.89 of the Revised Code on or after 1,718
the act's effective date.
Section 5. Sections 1, 2, 3, and 4 of this act shall take 1,720
effect one year after the effective date of this section. 1,721