As Passed by the House 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- 8
WILLIAMS-SALERNO-SCHUCK-BENDER-WIDENER-AUSTRIA 9
_________________________________________________________________ 10
A B I L L
To amend sections 145.27, 145.56, 145.563, 742.41, 12
742.47, 3305.08, 3307.21, 3307.71, 3307.751, 13
3309.22, 3309.66, 3309.70, 5505.04, and 5505.22 15
and to enact sections 145.571, 742.462, 742.64, 16
3105.80 to 3105.82, 3105.821, 3105.83 to 3105.90, 17
3305.20, 3305.21, 3305.22, 3307.721, 3309.671, 18
5505.261, and 5505.34 of the Revised Code to
permit a public retirement program, pursuant to a 19
court order, to make payments to a participant's 20
former spouse for the purpose of dividing marital 21
property.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That sections 145.27, 145.56, 145.563, 742.41, 25
742.47, 3305.08, 3307.21, 3307.71, 3307.751, 3309.22, 3309.66, 28
3309.70, 5505.04, and 5505.22 be amended and sections 145.571, 29
742.462, 742.64, 3105.80, 3105.81, 3105.82, 3105.821, 3105.83, 31
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 32
5503.34 of the Revised Code be enacted to read as follows: 35
Sec. 145.27. (A) The treasurer of state shall furnish 44
annually to the public employees retirement board a sworn 45
statement of the amount of the funds in the treasurer of state's 47
custody belonging to the public employees retirement system. 48
(B)(1) As used in this division, "personal history record" 50
2
means information maintained by the board on AN INDIVIDUAL WHO IS 51
a member, former member, contributor, former contributor, 53
retirant, or beneficiary that includes the address, telephone 54
number, social security number, record of contributions, 55
correspondence with the system, or other information the board 56
determines to be confidential.
(2) The records of the board shall be open to public 58
inspection, except for the following, which shall be excluded, 59
except with the written authorization of the individual 60
concerned: 61
(a) The individual's statement of previous service and 63
other information as provided for in section 145.16 of the 64
Revised Code; 65
(b) The amount of a monthly allowance or benefit paid to 67
the individual; 68
(c) The individual's personal history record. 70
(C) All medical reports and recommendations required by 72
sections 145.01 to 145.59 of the Revised Code are privileged, 73
except that copies of such medical reports or recommendations 74
shall be made available to the personal physician, attorney, or 75
authorized agent of the individual concerned upon written release 76
from the individual or the individual's agent, or when necessary 78
for the proper administration of the fund, to the board assigned 79
physician.
(D) Any person who is a member or contributor of the 81
system shall be furnished with a statement of the amount to the 82
credit of the individual's account upon written request. The 84
board is not required to answer more than one such request of a 85
person in any one year. The board may issue annual statements of 86
accounts to members and contributors. 87
(E) Notwithstanding the exceptions to public inspection in 89
division (B)(2) of this section, the board may furnish the 90
following information: 91
(1) If a member, former member, contributor, former 93
3
contributor, or retirant is subject to an order issued under 94
section 2907.15 of the Revised Code or is convicted of or pleads 95
guilty to a violation of section 2921.41 of the Revised Code, on 96
written request of a prosecutor as defined in section 2935.01 of 97
the Revised Code, the board shall furnish to the prosecutor the 98
information requested from the individual's personal history 99
record. 100
(2) Pursuant to a court or administrative order issued 102
under section 3111.23 or 3113.21 of the Revised Code, the board 103
shall furnish to a court or child support enforcement agency the 104
information required under that section. 105
(3) At the written request of any person, the board shall 107
provide to the person a list of the names and addresses of 108
members, former members, contributors, former contributors, 109
retirants, or beneficiaries. The costs of compiling, copying, 110
and mailing the list shall be paid by such person. 111
(4) Within fourteen days after receiving from the director 113
of job and family services a list of the names and social 114
security numbers of recipients of public assistance pursuant to 116
section 5101.181 of the Revised Code, the board shall inform the 117
auditor of state of the name, current or most recent employer 118
address, and social security number of each member whose name and 119
social security number are the same as that of a person whose 120
name or social security number was submitted by the director. 121
The board and its employees shall, except for purposes of 122
furnishing the auditor of state with information required by this 123
section, preserve the confidentiality of recipients of public 124
assistance in compliance with division (A) of section 5101.181 of 125
the Revised Code.
(5) THE PUBLIC EMPLOYEES RETIREMENT SYSTEM SHALL COMPLY 128
WITH ORDERS ISSUED UNDER SECTION 3105.87 OF THE REVISED CODE.
ON THE WRITTEN REQUEST OF AN ALTERNATE PAYEE, AS DEFINED IN 130
SECTION 3105.80 OF THE REVISED CODE, THE SYSTEM SHALL FURNISH TO 132
THE ALTERNATE PAYEE INFORMATION ON THE AMOUNT AND STATUS OF ANY 133
4
AMOUNTS PAYABLE TO THE ALTERNATE PAYEE UNDER AN ORDER ISSUED 134
UNDER SECTION 3105.171 OR 3105.65 OF THE REVISED CODE. 135
(F) A statement that contains information obtained from 137
the system's records that is signed by the executive director AN 138
OFFICER of the retirement system and to which the system's 140
official seal is affixed, or copies of the system's records to 141
which the signature and seal are attached, shall be received as 142
true copies of the system's records in any court or before any 143
officer of this state. 144
Sec. 145.56. The right of a person AN INDIVIDUAL to a 154
pension, an annuity, or a retirement allowance itself, THE RIGHT 155
OF AN INDIVIDUAL TO any optional benefit, any other right accrued 157
or accruing to any person INDIVIDUAL, under sections 145.01 to 159
145.58 145.59 of the Revised Code, or of UNDER any municipal 160
retirement system established subject to such sections, under the 161
laws of this state or any charter, the various funds created by 162
sections 145.01 to 145.58 145.59 of the Revised Code, or under 163
such municipal retirement system, and all moneys and, 166
investments, and income thereof, FROM MONEYS OR INVESTMENTS are 167
exempt from any state tax, except the tax imposed by section 169
5747.02 of the Revised Code and are exempt from any county, 171
municipal, or other local tax, except taxes imposed pursuant to 172
section 5748.02 or 5748.08 of the Revised Code and, except as 175
provided in sections 145.57, 3105.171, 3105.65, 3111.23, and 176
3113.21, AND 3115.32 of the Revised Code, shall not be subject to 179
execution, garnishment, attachment, the operation of bankruptcy 180
or the insolvency laws, or other process of law WHATSOEVER, and 181
shall be unassignable except as specifically provided in sections 183
145.01 to 145.58 145.59, 3105.171, 3105.65, 3111.23, and 3113.21, 185
AND 3115.32 of the Revised Code.
Sec. 145.563. If THE PERSON WHO IS a member, former 194
member, contributor, former contributor, retirant, or 196
beneficiary, OR ALTERNATE PAYEE, AS DEFINED IN SECTION 3105.80 OF 197
THE REVISED CODE, is paid any benefit OR PAYMENT by the public 198
5
employees retirement system to which he THE PERSON is not 199
entitled, the benefit shall be repaid to the retirement system by 201
him THE PERSON. If he THE PERSON fails to make the repayment, 202
the retirement system shall withhold the amount due from any 203
benefit due him THE PERSON or his THE PERSON'S beneficiary under 205
sections 145.01 to 145.59 of the Revised Code, or may collect the 208
amount in any other manner provided by law.
Sec. 145.571. (A) AS USED IN THIS SECTION, "ALTERNATE 210
PAYEE," "BENEFIT," "LUMP SUM PAYMENT," "PARTICIPANT," AND "PUBLIC 212
RETIREMENT PROGRAM" HAVE THE SAME MEANINGS AS IN SECTION 3105.80 213
OF THE REVISED CODE.
(B) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.171 215
OR 3105.65 OF THE REVISED CODE, THE PUBLIC EMPLOYEES RETIREMENT 216
SYSTEM SHALL DETERMINE WHETHER THE ORDER MEETS THE REQUIREMENTS 218
OF SECTIONS 3105.80 TO 3105.90 OF THE REVISED CODE. THE SYSTEM 219
SHALL RETAIN IN THE PARTICIPANT'S RECORD AN ORDER THE SYSTEM 220
DETERMINES MEETS THE REQUIREMENTS. NOT LATER THAN SIXTY DAYS 221
AFTER RECEIPT, THE SYSTEM SHALL RETURN TO THE COURT THAT ISSUED 222
THE ORDER ANY ORDER THE SYSTEM DETERMINES DOES NOT MEET THE 223
REQUIREMENTS.
(C) THE SYSTEM SHALL COMPLY WITH AN ORDER RETAINED UNDER 226
DIVISION (B) OF THIS SECTION AT THE FOLLOWING TIMES AS
APPROPRIATE: 227
(1) IF THE PARTICIPANT HAS APPLIED FOR OR IS RECEIVING A 229
BENEFIT OR HAS APPLIED FOR BUT NOT YET RECEIVED A LUMP SUM 230
PAYMENT, AS SOON AS PRACTICABLE; 231
(2) IF THE PARTICIPANT HAS NOT APPLIED FOR A BENEFIT OR 234
LUMP SUM PAYMENT, ON APPLICATION BY THE PARTICIPANT FOR A BENEFIT 235
OR LUMP SUM PAYMENT. 236
(D) IF THE SYSTEM TRANSFERS A PARTICIPANT'S SERVICE CREDIT 239
OR CONTRIBUTIONS MADE BY OR ON BEHALF OF A PARTICIPANT TO A 240
PUBLIC RETIREMENT PROGRAM THAT IS NOT NAMED IN THE ORDER, THE 242
SYSTEM SHALL DO BOTH OF THE FOLLOWING:
(1) NOTIFY THE COURT THAT ISSUED THE ORDER BY SENDING THE 245
6
COURT A COPY OF THE ORDER AND THE NAME AND ADDRESS OF THE PUBLIC 246
RETIREMENT PROGRAM TO WHICH THE TRANSFER WAS MADE; 247
(2) SEND A COPY OF THE ORDER TO THE PUBLIC RETIREMENT 249
PROGRAM TO WHICH THE TRANSFER WAS MADE. 250
(E) IF IT RECEIVES A PARTICIPANT'S SERVICE CREDIT OR 252
CONTRIBUTIONS AND A COPY OF AN ORDER AS PROVIDED IN DIVISION (D) 254
OF THIS SECTION, THE SYSTEM SHALL ADMINISTER THE ORDER AS IF IT 255
WERE THE PUBLIC RETIREMENT PROGRAM NAMED IN THE ORDER. 256
(F) IF A PARTICIPANT'S BENEFIT OR LUMP SUM PAYMENT IS OR 259
WILL BE SUBJECT TO MORE THAN ONE ORDER DESCRIBED IN SECTION 260
3105.81 OF THE REVISED CODE OR TO AN ORDER DESCRIBED IN SECTION 261
3105.81 OF THE REVISED CODE AND A WITHHOLDING ORDER UNDER SECTION 262
3111.23 OR 3113.21 OF THE REVISED CODE, THE SYSTEM SHALL, AFTER 265
DETERMINING THAT THE AMOUNTS THAT ARE OR WILL BE WITHHELD WILL 266
CAUSE THE BENEFIT OR LUMP SUM PAYMENT TO FALL BELOW THE LIMITS 267
DESCRIBED IN SECTION 3105.85 OF THE REVISED CODE, DO ALL OF THE 268
FOLLOWING: 269
(1) ESTABLISH, IN ACCORDANCE WITH DIVISION (G) OF THIS 271
SECTION AND SUBJECT TO THE LIMITS DESCRIBED IN SECTION 3105.85 OF 273
THE REVISED CODE, THE PRIORITY IN WHICH THE ORDERS ARE OR WILL BE 275
PAID BY THE SYSTEM;
(2) REDUCE THE AMOUNT PAID TO AN ALTERNATE PAYEE BASED ON 277
THE PRIORITY ESTABLISHED UNDER DIVISION (F)(1) OF THIS SECTION; 278
(3) NOTIFY, BY REGULAR MAIL, A PARTICIPANT AND ALTERNATE 281
PAYEE OF ANY ACTION TAKEN UNDER THIS DIVISION. 282
(G) A WITHHOLDING OR DEDUCTION NOTICE ISSUED UNDER SECTION 284
3111.23 OR 3113.21 OF THE REVISED CODE OR AN ORDER DESCRIBED IN 285
SECTION 3115.32 OF THE REVISED CODE HAS PRIORITY OVER ALL OTHER 286
ORDERS AND SHALL BE COMPLIED WITH IN ACCORDANCE WITH CHILD 287
SUPPORT ENFORCEMENT LAWS. ALL OTHER ORDERS ARE ENTITLED TO
PRIORITY IN ORDER OF EARLIEST RETENTION BY THE SYSTEM. THE 288
SYSTEM IS NOT TO RETAIN AN ORDER THAT PROVIDES FOR THE DIVISION 289
OF PROPERTY UNLESS THE ORDER IS FILED IN A COURT WITH 290
JURISDICTION IN THIS STATE.
7
(H) THE SYSTEM IS NOT LIABLE IN CIVIL DAMAGES FOR LOSS 292
RESULTING FROM ANY ACTION OR FAILURE TO ACT IN COMPLIANCE WITH 293
THIS SECTION.
Sec. 742.41. (A) As used in this section: 302
(1) "Other system retirant" has the same meaning as in 304
section 742.26 of the Revised Code. 305
(2) "Personal history record" includes a member's, former 307
member's, or other system retirant's name, address, telephone 309
number, social security number, record of contributions, 310
correspondence with the Ohio police and fire pension fund, status 312
of any application for benefits, and any other information deemed 313
confidential by the trustees of the fund. 314
(B) The treasurer of state shall furnish annually to the 316
board of trustees of the fund a sworn statement of the amount of 317
the funds in the treasurer of state's custody belonging to the 320
Ohio police and fire pension fund. The records of the board FUND 322
shall be open for public inspection except for the following, 323
which shall be excluded, except with the written authorization of 324
the individual concerned: 325
(1) The individual's personal history record; 327
(2) Any information identifying, by name and address, the 329
amount of a monthly allowance or benefit paid to the individual. 330
(C) All medical reports and recommendations required are 332
privileged, except that copies of such medical reports or 333
recommendations shall be made available to the personal 334
physician, attorney, or authorized agent of the individual 335
concerned upon written release received from the individual or 337
the individual's agent or, when necessary for the proper 338
administration of the fund, to the board-assigned physician. 339
(D) Any person who is a member of the fund or an other 341
system retirant shall be furnished with a statement of the amount 342
to the credit of the person's individual account upon the 344
person's written request. The board FUND need not answer more 345
than one such request of a person in any one year. 346
8
(E) Notwithstanding the exceptions to public inspection in 348
division (B) of this section, the board FUND may furnish the 349
following information: 351
(1) If a member, former member, or other system retirant 353
is subject to an order issued under section 2907.15 of the 354
Revised Code or is convicted of or pleads guilty to a violation 355
of section 2921.41 of the Revised Code, on written request of a 356
prosecutor as defined in section 2935.01 of the Revised Code, the 357
board FUND shall furnish to the prosecutor the information 359
requested from the individual's personal history record. 360
(2) Pursuant to a court order issued under section 3113.21 362
of the Revised Code, the board FUND shall furnish to a court or 363
child support enforcement agency the information required under 365
that section. 366
(3) At the request of any organization or association of 368
members of the fund, the board of trustees of the fund shall 369
provide a list of the names and addresses of members of the fund 370
and other system retirants. The board FUND shall comply with the 372
request of such organization or association at least once a year 373
and may impose a reasonable charge for the list. 374
(4) Within fourteen days after receiving from the director 376
of job and family services a list of the names and social 377
security numbers of recipients of public assistance pursuant to 379
section 5101.181 of the Revised Code, the board FUND shall inform 380
the auditor of state of the name, current or most recent employer 382
address, and social security number of each member or other 383
system retirant whose name and social security number are the 384
same as that of a person whose name or social security number was 385
submitted by the director. The board FUND and its employees 386
shall, except for purposes of furnishing the auditor of state 388
with information required by this section, preserve the 389
confidentiality of recipients of public assistance in compliance 390
with division (A) of section 5101.181 of the Revised Code. 391
(5) THE FUND SHALL COMPLY WITH ORDERS ISSUED UNDER SECTION 394
9
3105.87 OF THE REVISED CODE.
ON THE WRITTEN REQUEST OF AN ALTERNATE PAYEE, AS DEFINED IN 396
SECTION 3105.80 OF THE REVISED CODE, THE FUND SHALL FURNISH TO 398
THE ALTERNATE PAYEE INFORMATION ON THE AMOUNT AND STATUS OF ANY 399
AMOUNTS PAYABLE TO THE ALTERNATE PAYEE UNDER AN ORDER ISSUED 400
UNDER SECTION 3105.171 OR 3105.65 OF THE REVISED CODE. 401
(F) A statement that contains information obtained from 403
the board's FUND'S records that is signed by the secretary of the 405
board of trustees of the Ohio police and fire pension fund and to 407
which the board's official seal is affixed, or copies of the 408
board's FUND'S records to which the signature and seal are 409
attached, shall be received as true copies of the board's FUND'S 410
records in any court or before any officer of this state. 412
Sec. 742.462. (A) AS USED IN THIS SECTION, "ALTERNATE 414
PAYEE," "BENEFIT," "LUMP SUM PAYMENT," "PARTICIPANT," AND "PUBLIC 416
RETIREMENT PROGRAM" HAVE THE SAME MEANINGS AS IN SECTION 3105.80 417
OF THE REVISED CODE.
(B) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.171 419
OR 3105.65 OF THE REVISED CODE, THE OHIO POLICE AND FIRE PENSION 422
FUND SHALL DETERMINE WHETHER THE ORDER MEETS THE REQUIREMENTS OF 423
SECTIONS 3105.80 TO 3105.90 OF THE REVISED CODE. THE FUND SHALL 424
RETAIN IN THE PARTICIPANT'S RECORD AN ORDER THE FUND DETERMINES 426
MEETS THE REQUIREMENTS. NOT LATER THAN SIXTY DAYS AFTER RECEIPT, 427
THE FUND SHALL RETURN TO THE COURT THAT ISSUED THE ORDER ANY 428
ORDER THE FUND DETERMINES DOES NOT MEET THE REQUIREMENTS. 429
(C) THE FUND SHALL COMPLY WITH AN ORDER RETAINED UNDER 432
DIVISION (B) OF THIS SECTION AT THE FOLLOWING TIMES AS
APPROPRIATE: 433
(1) IF THE PARTICIPANT HAS APPLIED FOR OR IS RECEIVING A 435
BENEFIT OR HAS APPLIED FOR BUT NOT YET RECEIVED A LUMP SUM 436
PAYMENT, AS SOON AS PRACTICABLE; 437
(2) IF THE PARTICIPANT HAS NOT APPLIED FOR A BENEFIT OR 440
LUMP SUM PAYMENT, ON APPLICATION BY THE PARTICIPANT FOR A BENEFIT 441
OR LUMP SUM PAYMENT. 442
10
(D) IF THE FUND TRANSFERS A PARTICIPANT'S SERVICE CREDIT 445
OR CONTRIBUTIONS MADE BY OR ON BEHALF OF A PARTICIPANT TO A 446
PUBLIC RETIREMENT PROGRAM THAT IS NOT NAMED IN THE ORDER, THE 448
FUND SHALL DO BOTH OF THE FOLLOWING:
(1) NOTIFY THE COURT THAT ISSUED THE ORDER BY SENDING THE 450
COURT A COPY OF THE ORDER AND THE NAME AND ADDRESS OF THE PUBLIC 452
RETIREMENT PROGRAM TO WHICH THE TRANSFER WAS MADE;
(2) SEND A COPY OF THE ORDER TO THE PUBLIC RETIREMENT 454
PROGRAM TO WHICH THE TRANSFER WAS MADE. 455
(E) IF IT RECEIVES A PARTICIPANT'S SERVICE CREDIT OR 457
CONTRIBUTIONS AND A COPY OF AN ORDER AS PROVIDED IN DIVISION (D) 459
OF THIS SECTION, THE FUND SHALL ADMINISTER THE ORDER AS IF IT 460
WERE THE PUBLIC RETIREMENT PROGRAM NAMED IN THE ORDER. 461
(F) IF A PARTICIPANT'S BENEFIT OR LUMP SUM PAYMENT IS OR 464
WILL BE SUBJECT TO MORE THAN ONE ORDER DESCRIBED IN SECTION 465
3105.81 OF THE REVISED CODE OR TO AN ORDER DESCRIBED IN SECTION 466
3105.81 OF THE REVISED CODE AND A WITHHOLDING ORDER UNDER SECTION 467
3111.23 OR 3113.21 OF THE REVISED CODE, THE FUND SHALL, AFTER 470
DETERMINING THAT THE AMOUNTS THAT ARE OR WILL BE WITHHELD WILL 471
CAUSE THE BENEFIT OR LUMP SUM PAYMENT TO FALL BELOW THE LIMITS 472
DESCRIBED IN SECTION 3105.85 OF THE REVISED CODE, DO ALL OF THE 473
FOLLOWING: 474
(1) ESTABLISH, IN ACCORDANCE WITH DIVISION (G) OF THIS 476
SECTION AND SUBJECT TO THE LIMITS DESCRIBED IN SECTION 3105.85 OF 478
THE REVISED CODE, THE PRIORITY IN WHICH THE ORDERS ARE OR WILL BE 480
PAID BY THE FUND IN ACCORDANCE WITH DIVISION (G) OF THIS SECTION;
(2) REDUCE THE AMOUNT PAID TO AN ALTERNATE PAYEE BASED ON 482
THE PRIORITY ESTABLISHED UNDER DIVISION (F)(1) OF THIS SECTION; 483
(3) NOTIFY, BY REGULAR MAIL, A PARTICIPANT AND ALTERNATE 486
PAYEE OF ANY ACTION TAKEN UNDER THIS DIVISION. 487
(G) A WITHHOLDING OR DEDUCTION NOTICE ISSUED UNDER SECTION 489
3111.23 OR 3113.21 OF THE REVISED CODE OR AN ORDER DESCRIBED IN 490
SECTION 3115.32 OF THE REVISED CODE HAS PRIORITY OVER ALL OTHER 491
ORDERS AND SHALL BE COMPLIED WITH IN ACCORDANCE WITH CHILD 492
11
SUPPORT ENFORCEMENT LAWS. ALL OTHER ORDERS ARE ENTITLED TO
PRIORITY IN ORDER OF EARLIEST RETENTION BY THE FUND. THE FUND IS 493
NOT TO RETAIN AN ORDER THAT PROVIDES FOR THE DIVISION OF PROPERTY 494
UNLESS THE ORDER IS FILED IN A COURT WITH JURISDICTION IN THIS 495
STATE.
(H) THE FUND IS NOT LIABLE IN CIVIL DAMAGES FOR LOSS 497
RESULTING FROM ANY ACTION OR FAILURE TO ACT IN COMPLIANCE WITH 498
THIS SECTION.
Sec. 742.47. Except as provided in sections 742.461, 507
3105.171, 3105.65, 3111.23, and 3113.21, AND 3115.32 of the 510
Revised Code, sums of money due or to become due to any person
INDIVIDUAL from the Ohio police and fire pension fund are not 513
liable to attachment, garnishment, levy, or seizure under any 514
legal or equitable process OR ANY OTHER PROCESS OF LAW 515
WHATSOEVER, whether such THOSE sums remain with the treasurer of 516
the fund or any officer or agent of the board of trustees of the 518
fund, or is ARE in the course of transmission to the person 520
INDIVIDUAL entitled thereto TO THEM, but shall inure wholly to 521
the benefit of such person THAT INDIVIDUAL. 522
Sec. 742.64. AS USED IN THIS SECTION, "ALTERNATE PAYEE," 524
"BENEFIT," AND "LUMP SUM PAYMENT" HAVE THE SAME MEANINGS AS IN 525
SECTION 3105.80 OF THE REVISED CODE.
IF A PERSON WHO IS AN ALTERNATE PAYEE IS PAID ANY AMOUNT 527
FROM A BENEFIT OR LUMP SUM PAYMENT UNDER AN ORDER ISSUED UNDER 528
SECTION 3105.171 OR 3105.65 OF THE REVISED CODE BY THE OHIO 529
POLICE AND FIRE PENSION FUND TO WHICH THE PERSON IS NOT ENTITLED, 530
THE PERSON SHALL REPAY THE FUND. IF THE PERSON FAILS TO REPAY,
THE FUND SHALL WITHHOLD THE AMOUNT DUE FROM ANY PAYMENT DUE THE 531
PERSON UNDER THE ORDER OR MAY COLLECT THE AMOUNT IN ANY OTHER 532
MANNER PROVIDED BY LAW.
Sec. 3105.80. AS USED IN THIS SECTION AND SECTIONS 3105.81 534
TO 3105.90 OF THE REVISED CODE: 537
(A) "ALTERNATE PAYEE" MEANS A PARTY IN AN ACTION FOR 539
DIVORCE, LEGAL SEPARATION, ANNULMENT, OR DISSOLUTION OF MARRIAGE 540
12
WHO IS TO RECEIVE ONE OR MORE PAYMENTS FROM A BENEFIT OR LUMP SUM 541
PAYMENT UNDER AN ORDER ISSUED UNDER SECTION 3105.171 OR 3105.65 542
OF THE REVISED CODE THAT IS IN COMPLIANCE WITH SECTIONS 3105.81 543
TO 3105.90 OF THE REVISED CODE. 544
(B) "BENEFIT" MEANS A PERIODIC PAYMENT UNDER A PENSION, 546
ANNUITY, ALLOWANCE, OR OTHER TYPE OF BENEFIT, OTHER THAN A 547
SURVIVOR BENEFIT, THAT HAS BEEN OR MAY BE GRANTED TO A 548
PARTICIPANT UNDER SECTIONS 145.01 TO 145.59 OR 742.01 TO 742.61 549
OR CHAPTER 3307., 3309., OR 5505. OF THE REVISED CODE OR ANY 550
PAYMENT THAT IS TO BE MADE UNDER A CONTRACT A PARTICIPANT HAS 551
ENTERED INTO FOR THE PURPOSES OF AN ALTERNATIVE RETIREMENT PLAN. 552
(C) "LUMP SUM PAYMENT" MEANS A PAYMENT OF ACCUMULATED 554
CONTRIBUTIONS STANDING TO A PARTICIPANT'S CREDIT UNDER SECTIONS 555
145.01 TO 145.59 OR 742.01 TO 742.61 OR CHAPTER 3307., 3309., OR 556
5505. OF THE REVISED CODE OR PURSUANT TO A CONTRACT A PARTICIPANT 558
HAS ENTERED INTO FOR THE PURPOSES OF AN ALTERNATIVE RETIREMENT
PLAN AND ANY OTHER PAYMENT MADE OR THAT MAY BE MADE TO A 561
PARTICIPANT UNDER THOSE SECTIONS OR CHAPTERS ON WITHDRAWAL OF A
PARTICIPANT'S CONTRIBUTIONS. "LUMP SUM PAYMENT" INCLUDES A LUMP 563
SUM PAYMENT UNDER SECTION 145.38, 742.26, 3307.381, OR 3309.341
OF THE REVISED CODE. 564
(D) "PARTICIPANT" MEANS A MEMBER, CONTRIBUTOR, RETIRANT, 566
OR DISABILITY BENEFIT RECIPIENT WHO IS OR WILL BE ENTITLED TO A 567
BENEFIT OR LUMP SUM PAYMENT UNDER SECTIONS 145.01 TO 145.59 OR 569
742.01 TO 742.61 OR CHAPTER 3307., 3309., OR 5505. OF THE REVISED 570
CODE OR AN ACADEMIC OR ADMINISTRATIVE EMPLOYEE WHO ELECTS TO 571
PARTICIPATE IN AN ALTERNATIVE RETIREMENT PLAN UNDER CHAPTER 3305. 572
OF THE REVISED CODE. 573
(E) "PERSONAL HISTORY RECORD" HAS THE SAME MEANING AS IN 575
SECTION 145.27, 742.41, 3305.20, 3307.21, 3309.22, AND 5505.04 OF 576
THE REVISED CODE. 577
(F) "PUBLIC RETIREMENT PROGRAM" MEANS THE PUBLIC EMPLOYEES 579
RETIREMENT SYSTEM, OHIO POLICE AND FIRE PENSION FUND, SCHOOL 580
EMPLOYEES RETIREMENT SYSTEM, STATE TEACHERS RETIREMENT SYSTEM, 582
13
STATE HIGHWAY PATROL RETIREMENT SYSTEM, OR AN ENTITY PROVIDING AN 583
ALTERNATIVE RETIREMENT PLAN UNDER CHAPTER 3305. OF THE REVISED 584
CODE.
Sec. 3105.81. A COURT THAT ISSUES AN ORDER UNDER SECTION 587
3105.171 OR 3105.65 OF THE REVISED CODE THAT PROVIDES FOR A 588
DIVISION OF PROPERTY THAT INCLUDES A BENEFIT OR LUMP SUM PAYMENT 590
AND REQUIRES ONE OR MORE PAYMENTS FROM A PUBLIC RETIREMENT 591
PROGRAM TO AN ALTERNATE PAYEE SHALL INCLUDE IN THE ORDER A 593
REQUIREMENT THAT THE PAYMENTS BE MADE IN ACCORDANCE WITH AND
SUBJECT TO LIMITATIONS SET FORTH IN SECTIONS 3105.82 TO 3105.90 595
OF THE REVISED CODE. 596
Sec. 3105.82. AN ORDER DESCRIBED IN SECTION 3105.81 OF THE 599
REVISED CODE SHALL MEET ALL OF THE FOLLOWING REQUIREMENTS: 601
(A) BE ON THE FORM CREATED UNDER SECTION 3105.90 OF THE 604
REVISED CODE; 605
(B) SET FORTH THE NAME AND ADDRESS OF THE PUBLIC 607
RETIREMENT PROGRAM SUBJECT TO THE ORDER OR, IF THE COURT 609
DETERMINES THAT THE PARTICIPANT HAS CONTRIBUTIONS ON DEPOSIT WITH 610
MORE THAN ONE PUBLIC RETIREMENT PROGRAM, THE NAME AND ADDRESS OF 611
EACH PUBLIC RETIREMENT PROGRAM THAT IS POTENTIALLY SUBJECT TO THE 612
ORDER;
(C) SET FORTH THE NAMES, SOCIAL SECURITY NUMBERS, AND 614
CURRENT ADDRESSES OF THE PARTICIPANT AND ALTERNATE PAYEE; 615
(D) SPECIFY THE AMOUNT TO BE PAID TO THE ALTERNATE PAYEE 617
AS ONE OF THE FOLLOWING: 618
(1) AS BOTH A MONTHLY DOLLAR AMOUNT SHOULD THE PARTICIPANT 620
ELECT A BENEFIT AND AS A ONE-TIME PAYMENT SHOULD THE PARTICIPANT 622
ELECT A LUMP SUM PAYMENT; 623
(2) AS A PERCENTAGE OF A FRACTION DETERMINED AS FOLLOWS OF 625
A MONTHLY BENEFIT OR LUMP SUM PAYMENT: 626
(a) THE NUMERATOR OF THE FRACTION SHALL BE THE NUMBER OF 628
YEARS DURING WHICH THE PARTICIPANT WAS BOTH A MEMBER OF A PUBLIC 629
RETIREMENT PROGRAM AND MARRIED TO THE ALTERNATE PAYEE. 630
(b) THE DENOMINATOR, WHICH SHALL BE DETERMINED BY THE 632
14
PUBLIC RETIREMENT PROGRAM AT THE TIME THE PARTICIPANT ELECTS TO 633
TAKE THE BENEFIT OR PAYMENT, SHALL BE THE PARTICIPANT'S TOTAL 634
YEARS OF SERVICE CREDIT OR, IN THE CASE OF A PARTICIPANT IN A 635
RETIREMENT PLAN ESTABLISHED UNDER CHAPTER 3305. OF THE REVISED 636
CODE, YEARS OF PARTICIPATION IN THE PLAN.
(E) IF THE PARTICIPANT IS ELIGIBLE FOR MORE THAN ONE 639
BENEFIT OR LUMP SUM PAYMENT, SPECIFY IN ACCORDANCE WITH DIVISION 640
(D) OF THIS SECTION THE AMOUNT, IF ANY, TO BE PAID TO THE 641
ALTERNATE PAYEE FROM EACH BENEFIT OR LUMP SUM PAYMENT. 643
(F) REQUIRE AN INDIVIDUAL WHO IS A PARTICIPANT OR 646
ALTERNATE PAYEE TO NOTIFY THE PUBLIC RETIREMENT PROGRAM IN 647
WRITING OF A CHANGE IN THE INDIVIDUAL'S MAILING ADDRESS; 649
(G) NOTIFY THE ALTERNATE PAYEE OF THE FOLLOWING: 651
(1) THE PAYEE'S RIGHT TO PAYMENT UNDER THE ORDER IS 653
CONDITIONAL ON THE PARTICIPANT'S RIGHT TO A BENEFIT PAYMENT OR 654
LUMP SUM PAYMENT;
(2) THE POSSIBLE REDUCTION UNDER SECTION 145.571, 742.462, 656
3307.721, 3309.671, OR 5505.261 OF THE REVISED CODE OF THE AMOUNT 657
PAID TO THE ALTERNATE PAYEE;
(3) THE POSSIBLE TERMINATION OF THE PAYEE'S RIGHTS AS 660
DESCRIBED IN SECTION 3105.86 OF THE REVISED CODE. 661
(H) APPLY TO PAYMENTS MADE BY THE PUBLIC RETIREMENT 663
PROGRAM AFTER RETENTION OF AN ORDER UNDER SECTION 145.571, 664
742.462, 3305.21, 3307.721, 3309.671, OR 5505.261 OF THE REVISED 665
CODE.
Sec. 3105.821. THE MONTHLY BENEFIT USED UNDER DIVISION 667
(D)(2) OF SECTION 3105.82 OF THE REVISED CODE TO DETERMINE THE 668
AMOUNT TO BE PAID AN ALTERNATE PAYEE FROM A MONTHLY BENEFIT SHALL 669
BE WHICHEVER OF THE FOLLOWING APPLIES:
(A) IF THE PARTICIPANT IS RECEIVING A MONTHLY BENEFIT, THE 671
MONTHLY BENEFIT SHALL BE THE BENEFIT THE PARTICIPANT IS RECEIVING 672
AT THE TIME THE DECREE OF DIVORCE OR DISSOLUTION BECOMES FINAL; 673
(B) IF THE PARTICIPANT HAS APPLIED FOR BUT IS NOT YET 675
RECEIVING A MONTHLY BENEFIT, THE MONTHLY BENEFIT SHALL BE THE 676
15
BENEFIT FOR WHICH THE PARTICIPANT IS ELIGIBLE; 677
(C) IF THE PARTICIPANT HAS NOT APPLIED FOR A BENEFIT, THE 679
MONTHLY BENEFIT SHALL BE THE BENEFIT CALCULATED AT THE TIME THE 680
PARTICIPANT ELECTS TO TAKE IT. 681
Sec. 3105.83. PAYMENTS UNDER AN ORDER DESCRIBED IN SECTION 684
3105.81 OF THE REVISED CODE SHALL COMMENCE AS PROVIDED UNDER 685
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 686
PRIVILEGE UNDER SECTIONS 145.01 TO 145.59 OR 742.01 TO 742.61 OR 687
CHAPTER 3305., 3307., 3309., OR 5505. OF THE REVISED CODE THAT IS 689
NOT PROVIDED IN THOSE SECTIONS OR CHAPTERS. 690
AN ORDER DESCRIBED IN SECTION 3105.81 OF THE REVISED CODE 693
SHALL NOT REQUIRE A PUBLIC RETIREMENT PROGRAM TO TAKE ANY ACTION 696
OR PROVIDE ANY BENEFIT, ALLOWANCE, OR PAYMENT NOT AUTHORIZED 697
UNDER THE LAW GOVERNING THE PUBLIC RETIREMENT PROGRAM.
Sec. 3105.84. AN ORDER DESCRIBED IN SECTION 3105.81 OF THE 700
REVISED CODE SHALL AUTHORIZE THE BOARD OF THE PUBLIC RETIREMENT 701
PROGRAM THAT IS OR WILL BE PAYING THE BENEFIT OR LUMP SUM PAYMENT 702
TO WITHHOLD FROM ANY BENEFIT OR PAYMENT THAT IS SUBJECT TO AN
ORDER AN AMOUNT DETERMINED BY THE PUBLIC RETIREMENT PROGRAM TO BE 703
NECESSARY TO DEFRAY THE COST OF ADMINISTERING THE ORDER. THIS 705
AMOUNT SHALL BE DIVIDED EQUALLY BETWEEN THE PARTICIPANT AND THE 706
ALTERNATE PAYEE.
Sec. 3105.85. (A) THE TOTAL OF THE AMOUNTS DESCRIBED IN 708
DIVISION (D) OF SECTION 3105.82 AND SECTION 3105.84 OF THE 710
REVISED CODE SHALL NOT EXCEED FIFTY PER CENT OF THE AMOUNT OF A 712
BENEFIT OR LUMP SUM PAYMENT, OR IF WITHHOLDING IS TO BE MADE FROM 713
MORE THAN ONE BENEFIT OR LUMP SUM PAYMENT, FIFTY PER CENT OF THE 714
TOTAL OF THE BENEFITS OR LUMP SUM PAYMENTS. 715
(B) IF A PARTICIPANT'S BENEFIT OR LUMP SUM PAYMENT IS OR 718
WILL BE SUBJECT TO MORE THAN ONE ORDER DESCRIBED IN SECTION 719
3105.81 OF THE REVISED CODE, THE PUBLIC RETIREMENT PROGRAM SHALL 720
NOT WITHHOLD AN AGGREGATE AMOUNT FOR ALL THE ORDERS THAT EXCEEDS 721
FIFTY PER CENT OF THE BENEFIT OR LUMP SUM PAYMENT. 722
16
(C) IF A PARTICIPANT'S BENEFIT OR LUMP SUM PAYMENT IS OR 724
WILL BE SUBJECT TO AN ORDER DESCRIBED IN SECTION 3105.81 OF THE 726
REVISED CODE AND ONE OR MORE WITHHOLDING ORDERS UNDER SECTION
3111.23 OR 3113.21 OF THE REVISED CODE, THE PUBLIC RETIREMENT 728
PROGRAM SHALL NOT WITHHOLD FROM A BENEFIT OR LUMP SUM PAYMENT AN
AGGREGATE AMOUNT FOR ALL ORDERS DESCRIBED IN SECTION 3105.81 OF 729
THE REVISED CODE THAT EXCEEDS THE DIFFERENCE BETWEEN FIFTY PER 730
CENT OF THE BENEFIT OR PAYMENT AND THE PERCENTAGE OF THE BENEFIT 731
OR PAYMENT THAT IS OR WILL BE PAID UNDER ORDERS DESCRIBED IN 732
SECTION 3111.23 OR 3113.21 OF THE REVISED CODE.
(D) THE PUBLIC RETIREMENT PROGRAM THAT IS OR WILL BE 736
PAYING THE BENEFIT OR LUMP SUM PAYMENT SHALL ACT IN ACCORDANCE
WITH SECTION 145.571, 742.462, 3305.21, 3307.721, 3309.671, OR 737
5505.261 OF THE REVISED CODE.
Sec. 3105.86. AN ALTERNATE PAYEE'S RIGHTS UNDER AN ORDER 740
DESCRIBED IN SECTION 3105.81 OF THE REVISED CODE SHALL TERMINATE 741
ON THE EARLIER OF THE FOLLOWING: 742
(A) THE DEATH OF THE PARTICIPANT; 744
(B) THE DEATH OF THE ALTERNATE PAYEE; 746
(C) THE TERMINATION OF A BENEFIT PAID TO A PARTICIPANT 748
UNDER SECTIONS 145.01 TO 145.59 OR 742.01 TO 742.61 OR CHAPTER 750
3305., 3307., 3309., OR 5505. OF THE REVISED CODE. 752
Sec. 3105.87. THE COURT MAY ORDER A PUBLIC RETIREMENT 754
PROGRAM TO PROVIDE INFORMATION FROM A PARTICIPANT'S PERSONAL 755
HISTORY RECORD NECESSARY TO DETERMINE THE AMOUNTS DESCRIBED IN 756
DIVISION (D) OF SECTION 3105.82 OF THE REVISED CODE. 757
Sec. 3105.88. THE CLERK OF COURTS SHALL TRANSMIT A 759
CERTIFIED COPY OF AN ORDER DESCRIBED IN SECTION 3105.81 OF THE 761
REVISED CODE TO EACH PUBLIC RETIREMENT PROGRAM NAMED IN THE
ORDER. IF THE CLERK OF COURTS FAILS TO TRANSMIT AN ORDER, THE 763
PUBLIC RETIREMENT PROGRAM NAMED IN THE ORDER IS NOT REQUIRED TO 764
ADMINISTER THE ORDER.
THE PUBLIC RETIREMENT PROGRAM SHALL RETAIN AN ORDER IN 766
ACCORDANCE WITH SECTION 145.571, 742.462, 3305.21, 3307.721, 767
17
3309.671, OR 5505.261 OF THE REVISED CODE.
IF THE PUBLIC RETIREMENT PROGRAM RETURNS TO THE CLERK OF 769
COURTS AN ORDER IN ACCORDANCE WITH SECTION 145.571, 742.462, 770
3305.21, 3307.721, 3309.671, OR 5505.261 OF THE REVISED CODE, THE 771
CLERK OF COURTS SHALL NOTIFY THE COUNSEL OF RECORD THAT THE ORDER 772
WAS NOT RETAINED BY THE PUBLIC RETIREMENT PROGRAM.
Sec. 3105.89. NOTWITHSTANDING DIVISION (I) OF SECTION 774
3105.171 OF THE REVISED CODE: 775
(A) THE COURT SHALL RETAIN JURISDICTION TO MODIFY, 777
SUPERVISE, OR ENFORCE THE IMPLEMENTATION OF AN ORDER DESCRIBED IN 778
SECTION 3105.81 OF THE REVISED CODE. 779
(B) THE COURT MAY MODIFY AN ORDER ISSUED UNDER SECTION 781
3105.171 OR 3105.65 OF THE REVISED CODE THAT WAS EFFECTIVE PRIOR 782
TO THE EFFECTIVE DATE OF THIS SECTION FOR THE PURPOSE OF 783
ENFORCING THE ORDER OR CARRYING INTO EFFECT THE MANIFEST 784
INTENTIONS OF THE PARTIES. A MODIFIED ORDER MUST MEET THE
REQUIREMENTS OF SECTION 3105.82 OF THE REVISED CODE. 785
Sec. 3105.90. THE STATE RETIREMENT SYSTEMS SHALL JOINTLY 787
CREATE A FORM TO BE USED BY COURTS FOR ORDERS DESCRIBED IN 788
SECTION 3105.81 OF THE REVISED CODE. EACH STATE RETIREMENT 790
SYSTEM SHALL, BY RULE ADOPTED IN ACCORDANCE WITH SECTION 111.15 791
OF THE REVISED CODE, ADOPT THE FORM CREATED UNDER THIS SECTION. 793
Sec. 3305.08. Any payment, benefit, or other right 802
accruing to any electing employee under a contract the employee 804
enters into for purposes of an alternative retirement plan, any 805
contributions to the electing employee's alternative retirement 806
plan pursuant to section 3305.06 of the Revised Code, and all 807
moneys, investments, and income of those contracts are exempt 809
from any state tax, except the tax imposed by section 5747.02 of
the Revised Code and, except as provided in sections 3105.171, 812
3105.65, 3111.23, 3113.21, 3115.32, AND 3305.09, 3311.23, and 815
3113.21 of the Revised Code, shall not be subject to execution, 818
garnishment, attachment, the operation of bankruptcy or the 819
insolvency law, or other process of law, and shall be
18
unassignable except as specifically provided in this section and 820
sections 3105.171, 3105.65, 3111.23 and, 3113.21, AND 3115.32 of 822
the Revised Code and any contract the electing employee has 824
entered into for purposes of an alternative retirement plan. 825
Sec. 3305.20. AS USED IN THIS SECTION, "PERSONAL HISTORY 827
RECORD" MEANS INFORMATION MAINTAINED BY THE ENTITY PROVIDING AN 828
ALTERNATIVE RETIREMENT PLAN ON AN INDIVIDUAL WHO PARTICIPATES IN 829
THE PLAN THAT INCLUDES THE ADDRESS, TELEPHONE NUMBER, SOCIAL 830
SECURITY NUMBER, RECORD OF CONTRIBUTIONS, CORRESPONDENCE WITH THE 831
PLAN, OR OTHER INFORMATION THE ENTITY PROVIDING THE PLAN 832
DETERMINES TO BE CONFIDENTIAL.
THE ENTITY SHALL COMPLY WITH ORDERS ISSUED UNDER SECTION 835
3105.87 OF THE REVISED CODE REQUIRING IT TO PROVIDE INFORMATION 836
FROM A PARTICIPANT'S PERSONAL HISTORY RECORD.
ON THE WRITTEN REQUEST OF AN ALTERNATE PAYEE, AS DEFINED IN 838
SECTION 3105.80 OF THE REVISED CODE, THE ENTITY PROVIDING THE 840
ALTERNATIVE RETIREMENT PLAN SHALL FURNISH TO THE ALTERNATE PAYEE 841
INFORMATION ON THE AMOUNT AND STATUS OF ANY AMOUNTS PAYABLE TO 842
THE ALTERNATE PAYEE UNDER AN ORDER ISSUED UNDER SECTION 3105.171 843
OR 3105.65 OF THE REVISED CODE. 844
Sec. 3305.21. (A) AS USED IN THIS SECTION, "ALTERNATE 846
PAYEE," "BENEFIT," "LUMP SUM PAYMENT," AND "PARTICIPANT" HAVE THE 848
SAME MEANINGS AS IN SECTION 3105.80 OF THE REVISED CODE.
(B) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.171 850
OR 3105.65 OF THE REVISED CODE, AN ENTITY PROVIDING A 851
PARTICIPANT'S ALTERNATIVE RETIREMENT PLAN SHALL DETERMINE WHETHER 852
THE ORDER MEETS THE REQUIREMENTS OF SECTIONS 3105.80 TO 3105.90 854
OF THE REVISED CODE. THE ENTITY SHALL RETAIN IN THE
PARTICIPANT'S RECORD AN ORDER THE ENTITY DETERMINES MEETS THE 856
REQUIREMENTS. NOT LATER THAN TEN DAYS AFTER RECEIPT, THE ENTITY 857
SHALL RETURN TO THE COURT THAT ISSUED THE ORDER ANY ORDER THE 858
ENTITY DETERMINES DOES NOT MEET THE REQUIREMENTS.
(C) THE ENTITY SHALL COMPLY WITH AN ORDER RETAINED UNDER 860
DIVISION (B) OF THIS SECTION AT THE FOLLOWING TIMES AS 861
19
APPROPRIATE:
(1) IF THE PARTICIPANT HAS APPLIED FOR OR IS RECEIVING A 863
BENEFIT OR HAS APPLIED FOR BUT NOT YET RECEIVED A LUMP SUM 864
PAYMENT, AS SOON AS PRACTICABLE;
(2) IF THE PARTICIPANT HAS NOT APPLIED FOR A BENEFIT OR 866
LUMP SUM PAYMENT, ON APPLICATION BY THE PARTICIPANT FOR A BENEFIT 867
OR LUMP SUM PAYMENT.
(D) IF AN ENTITY PROVIDING AN ALTERNATIVE RETIREMENT PLAN 869
IS REQUIRED TO TRANSFER A PARTICIPANT'S ACCOUNT BALANCE TO AN 870
ENTITY PROVIDING AN ALTERNATIVE RETIREMENT PLAN THAT IS NOT NAMED 871
IN THE ORDER, THE TRANSFERRING ENTITY SHALL DO BOTH OF THE 872
FOLLOWING:
(1) NOTIFY THE COURT THAT ISSUED THE ORDER BY SENDING THE 874
COURT A COPY OF THE ORDER AND THE NAME AND ADDRESS OF THE ENTITY 875
TO WHICH THE TRANSFER WAS MADE. 876
(2) SEND A COPY OF THE ORDER TO THE ENTITY TO WHICH THE 878
TRANSFER WAS MADE.
(E) AN ENTITY THAT RECEIVES A PARTICIPANT'S ACCOUNT 880
BALANCE AND A COPY OF AN ORDER AS PROVIDED IN DIVISION (D) OF 882
THIS SECTION, SHALL ADMINISTER THE ORDER AS IF IT WERE THE ENTITY 883
NAMED IN THE ORDER. 884
(F) IF A PARTICIPANT'S BENEFIT OR LUMP SUM PAYMENT IS OR 887
WILL BE SUBJECT TO MORE THAN ONE ORDER DESCRIBED IN SECTION 888
3105.81 OF THE REVISED CODE OR TO AN ORDER DESCRIBED IN SECTION 889
3105.81 OF THE REVISED CODE AND A WITHHOLDING ORDER UNDER SECTION 890
3111.23 OR 3113.21 OF THE REVISED CODE, THE ENTITY PROVIDING THE 892
ALTERNATIVE RETIREMENT PLAN SHALL, AFTER DETERMINING THAT THE 894
AMOUNTS THAT ARE OR WILL BE WITHHELD WILL CAUSE THE BENEFIT OR
LUMP SUM PAYMENT TO FALL BELOW THE LIMITS DESCRIBED IN SECTION 895
3105.85 OF THE REVISED CODE, DO ALL OF THE FOLLOWING: 897
(1) ESTABLISH, IN ACCORDANCE WITH DIVISION (G) OF THIS 899
SECTION AND SUBJECT TO THE LIMITS DESCRIBED IN SECTION 3105.85 OF 901
THE REVISED CODE, THE PRIORITY IN WHICH THE ORDERS ARE OR WILL BE 903
PAID;
20
(2) REDUCE THE AMOUNT PAID TO AN ALTERNATE PAYEE BASED ON 905
THE PRIORITY ESTABLISHED UNDER DIVISION (F)(1) OF THIS SECTION; 906
(3) NOTIFY, BY REGULAR MAIL, A PARTICIPANT AND ALTERNATE 909
PAYEE OF ANY ACTION TAKEN UNDER THIS DIVISION. 910
(G) A WITHHOLDING OR DEDUCTION NOTICE ISSUED UNDER SECTION 912
3111.23 OR 3113.21 OF THE REVISED CODE OR AN ORDER DESCRIBED IN 913
SECTION 3115.32 OF THE REVISED CODE HAS PRIORITY OVER ALL OTHER 914
ORDERS AND SHALL BE COMPLIED WITH IN ACCORDANCE WITH CHILD 915
SUPPORT ENFORCEMENT LAWS. ALL OTHER ORDERS ARE ENTITLED TO
PRIORITY IN ORDER OF EARLIEST RETENTION BY THE ENTITY PROVIDING A 916
PARTICIPANT'S ALTERNATIVE RETIREMENT PLAN. THE ENTITY IS NOT TO 917
RETAIN AN ORDER THAT PROVIDES FOR THE DIVISION OF PROPERTY UNLESS 918
THE ORDER IS FILED IN A COURT WITH JURISDICTION IN THIS STATE. 919
(H) AN ENTITY PROVIDING AN ALTERNATIVE RETIREMENT PLAN IS 921
NOT LIABLE IN CIVIL DAMAGES FOR LOSS RESULTING FROM ANY ACTION OR 922
FAILURE TO ACT IN COMPLIANCE WITH THIS SECTION. 923
Sec. 3305.22. AS USED IN THIS SECTION, "ALTERNATE PAYEE" 925
HAS THE SAME MEANING AS IN SECTION 3105.80 OF THE REVISED CODE. 926
IF A PERSON WHO IS AN ALTERNATE PAYEE IS PAID ANY AMOUNT 928
UNDER AN ORDER ISSUED UNDER SECTION 3105.171 OR 3105.65 OF THE 931
REVISED CODE TO WHICH THE PERSON IS NOT ENTITLED BY AN ENTITY 932
PROVIDING AN ALTERNATIVE RETIREMENT PLAN, THE PERSON SHALL REPAY 934
THE ENTITY. IF THE PERSON FAILS TO REPAY, THE ENTITY SHALL 935
WITHHOLD THE AMOUNT FROM ANY PAYMENT DUE THE PERSON UNDER THE 936
ORDER OR MAY COLLECT THE AMOUNT IN ANY OTHER MANNER PROVIDED BY 937
LAW.
Sec. 3307.21. (A) The treasurer of state shall furnish 946
annually to the state teachers retirement board a sworn statement 947
of the amount of the funds in the treasurer's custody belonging 949
to the state teachers retirement system.
(B)(1) As used in this division, "personal history record" 951
means information maintained by the board on AN INDIVIDUAL WHO IS 952
a member, former member, contributor, former contributor, 954
retirant, or beneficiary that includes the address, telephone 955
21
number, social security number, record of contributions, 956
correspondence with the system, or other information the board 957
determines to be confidential.
(2) The records of the board shall be open to public 959
inspection, except for the following, which shall be excluded, 960
except with the written authorization of the individual 961
concerned: 962
(a) The individual's personal records provided for in 964
section 3307.29 of the Revised Code; 965
(b) The individual's personal history record; 967
(c) Any information identifying, by name and address, the 969
amount of a monthly allowance or benefit paid to the individual. 970
(C) All medical reports and recommendations under sections 972
3307.42, 3307.44, and 3307.49 of the Revised Code are privileged, 973
except that copies of such medical reports or recommendations 974
shall be made available to the personal physician, attorney, or 975
authorized agent of the individual concerned upon written release 976
received from the individual or the individual's agent, or, when 978
necessary for the proper administration of the fund, to the board 979
assigned physician.
(D) Any person who is a member or contributor of the 981
system shall be furnished, on written request, with a statement 983
of the amount to the credit of the person's account. The board 984
need not answer more than one request of a person in any one 985
year.
(E) Notwithstanding the exceptions to public inspection in 987
division (B)(2) of this section, the board may furnish the 988
following information: 989
(1) If a member, former member, retirant, contributor, or 991
former contributor is subject to an order issued under section 992
2907.15 of the Revised Code or is convicted of or pleads guilty 993
to a violation of section 2921.41 of the Revised Code, on written 994
request of a prosecutor as defined in section 2935.01 of the 995
Revised Code, the board shall furnish to the prosecutor the 996
22
information requested from the individual's personal history 997
record. 998
(2) Pursuant to a court or administrative order issued 1,000
under section 3111.23 or 3113.21 of the Revised Code, the board 1,001
shall furnish to a court or child support enforcement agency the 1,002
information required under that section. 1,003
(3) At the written request of any person, the board shall 1,005
provide to the person a list of the names and addresses of 1,006
members, former members, retirants, contributors, former 1,007
contributors, or beneficiaries. The costs of compiling, copying, 1,008
and mailing the list shall be paid by such person. 1,009
(4) Within fourteen days after receiving from the director 1,011
of job and family services a list of the names and social 1,012
security numbers of recipients of public assistance pursuant to 1,013
section 5101.181 of the Revised Code, the board shall inform the 1,014
auditor of state of the name, current or most recent employer 1,015
address, and social security number of each member whose name and 1,016
social security number are the same as that of a person whose 1,017
name or social security number was submitted by the director. 1,018
The board and its employees shall, except for purposes of 1,019
furnishing the auditor of state with information required by this 1,020
section, preserve the confidentiality of recipients of public 1,021
assistance in compliance with division (A) of section 5101.181 of 1,022
the Revised Code.
(5) THE SYSTEM SHALL COMPLY WITH ORDERS ISSUED UNDER 1,025
SECTION 3105.87 OF THE REVISED CODE.
ON THE WRITTEN REQUEST OF AN ALTERNATE PAYEE, AS DEFINED IN 1,027
SECTION 3105.80 OF THE REVISED CODE, THE SYSTEM SHALL FURNISH TO 1,029
THE ALTERNATE PAYEE INFORMATION ON THE AMOUNT AND STATUS OF ANY 1,030
AMOUNTS PAYABLE TO THE ALTERNATE PAYEE UNDER AN ORDER ISSUED 1,031
UNDER SECTION 3105.171 OR 3105.65 OF THE REVISED CODE. 1,032
(F) A statement that contains information obtained from 1,034
the system's records that is signed by an officer of the 1,035
retirement system and to which the system's official seal is 1,036
23
affixed, or copies of the system's records to which the signature 1,037
and seal are attached, shall be received as true copies of the 1,038
system's records in any court or before any officer of this 1,039
state. 1,040
Sec. 3307.71. The right of a person AN INDIVIDUAL to a 1,050
pension, an annuity, or a retirement allowance itself, THE RIGHT 1,053
OF AN INDIVIDUAL TO any optional benefit, any other right accrued 1,054
or accruing to any person, INDIVIDUAL under sections 3307.01 to 1,055
3307.74 of the Revised Code THIS CHAPTER, or the various funds 1,058
created by section 3307.65 of the Revised Code, and all moneys
and, investments, and income thereof, FROM MONEYS OR INVESTMENTS 1,061
are exempt from any state tax, except the tax imposed by section 1,062
5747.02 of the Revised Code, and are exempt from any county, 1,064
municipal, or other local tax, except taxes imposed pursuant to
section 5748.02 or 5748.08 of the Revised Code, and, except as 1,067
provided in sections 3105.171, 3105.65, 3111.23, 3113.21, 1,069
3115.32, and 3307.72 of the Revised Code, shall not be subject to 1,070
execution, garnishment, attachment, the operation of bankruptcy 1,071
or insolvency laws, or any other process of law whatsoever, and 1,072
shall be unassignable except as specifically provided in THIS 1,075
CHAPTER OR sections 3105.171, 3105.65, 3111.23, 3113.21, and 1,076
3307.01 to 3307.74 3115.32 of the Revised Code. 1,078
Sec. 3307.721. (A) AS USED IN THIS SECTION, "ALTERNATE 1,080
PAYEE," "BENEFIT," "LUMP SUM PAYMENT," "PARTICIPANT," AND "PUBLIC 1,082
RETIREMENT PROGRAM" HAVE THE SAME MEANINGS AS IN SECTION 3105.80 1,083
OF THE REVISED CODE.
(B) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.171 1,085
OR 3105.65 OF THE REVISED CODE, THE STATE TEACHERS RETIREMENT 1,086
SYSTEM SHALL DETERMINE WHETHER THE ORDER MEETS THE REQUIREMENTS 1,088
OF SECTIONS 3105.80 TO 3105.90 OF THE REVISED CODE. THE SYSTEM 1,089
SHALL RETAIN IN THE PARTICIPANT'S RECORD AN ORDER THE BOARD 1,090
DETERMINES MEETS THE REQUIREMENTS. NOT LATER THAN SIXTY DAYS 1,091
AFTER RECEIPT, THE SYSTEM SHALL RETURN TO THE COURT THAT ISSUED 1,092
THE ORDER ANY ORDER THE SYSTEM DETERMINES DOES NOT MEET THE 1,093
24
REQUIREMENTS.
(C) THE SYSTEM SHALL COMPLY WITH AN ORDER RETAINED UNDER 1,096
DIVISION (B) OF THIS SECTION AT THE FOLLOWING TIMES AS
APPROPRIATE: 1,097
(1) IF THE PARTICIPANT HAS APPLIED FOR OR IS RECEIVING A 1,099
BENEFIT OR HAS APPLIED FOR BUT NOT YET RECEIVED A LUMP SUM 1,100
PAYMENT, AS SOON AS PRACTICABLE; 1,101
(2) IF THE PARTICIPANT HAS NOT APPLIED FOR A BENEFIT OR 1,104
LUMP SUM PAYMENT, ON APPLICATION BY THE PARTICIPANT FOR A BENEFIT 1,105
OR LUMP SUM PAYMENT. 1,106
(D) IF THE SYSTEM TRANSFERS A PARTICIPANT'S SERVICE CREDIT 1,108
OR CONTRIBUTIONS MADE BY OR ON BEHALF OF A PARTICIPANT TO A 1,109
PUBLIC RETIREMENT PROGRAM THAT IS NOT NAMED IN THE ORDER, THE 1,110
SYSTEM SHALL DO BOTH OF THE FOLLOWING: 1,111
(1) NOTIFY THE COURT THAT ISSUED THE ORDER BY SENDING TO 1,114
THE COURT A COPY OF THE ORDER AND THE NAME AND ADDRESS OF THE 1,115
PUBLIC RETIREMENT PROGRAM TO WHICH THE TRANSFER WAS MADE.
(2) SEND A COPY OF THE ORDER TO THE PUBLIC RETIREMENT 1,117
PROGRAM TO WHICH THE TRANSFER WAS MADE. 1,118
(E) IF IT RECEIVES A PARTICIPANT'S SERVICE CREDIT OR 1,120
CONTRIBUTIONS AND A COPY OF AN ORDER AS PROVIDED IN DIVISION (D) 1,122
OF THIS SECTION, THE SYSTEM SHALL ADMINISTER THE ORDER AS IF IT 1,123
WERE THE PUBLIC RETIREMENT PROGRAM NAMED IN THE ORDER. 1,124
(F) IF A PARTICIPANT'S BENEFIT OR LUMP SUM PAYMENT IS OR 1,127
WILL BE SUBJECT TO MORE THAN ONE ORDER DESCRIBED IN SECTION 1,128
3105.81 OF THE REVISED CODE OR TO AN ORDER DESCRIBED IN SECTION 1,129
3105.81 OF THE REVISED CODE AND A WITHHOLDING ORDER UNDER SECTION 1,130
3111.23 OR 3113.21 OF THE REVISED CODE, THE SYSTEM SHALL, AFTER 1,133
DETERMINING THAT THE AMOUNTS THAT ARE OR WILL BE WITHHELD WILL 1,134
CAUSE THE BENEFIT OR LUMP SUM PAYMENT TO FALL BELOW THE LIMITS 1,135
DESCRIBED IN SECTION 3105.85 OF THE REVISED CODE, DO ALL OF THE 1,136
FOLLOWING: 1,137
(1) ESTABLISH, IN ACCORDANCE WITH DIVISION (G) OF THIS 1,139
SECTION AND SUBJECT TO THE LIMITS DESCRIBED IN SECTION 3105.85 OF 1,141
25
THE REVISED CODE, THE PRIORITY IN WHICH THE ORDERS ARE OR WILL BE 1,143
PAID BY THE SYSTEM IN ACCORDANCE WITH DIVISION (G) OF THIS
SECTION; 1,144
(2) REDUCE THE AMOUNT PAID TO AN ALTERNATE PAYEE BASED ON 1,146
THE PRIORITY ESTABLISHED UNDER DIVISION (F)(1) OF THIS SECTION; 1,147
(3) NOTIFY, BY REGULAR MAIL, A PARTICIPANT AND ALTERNATE 1,150
PAYEE OF ANY ACTION TAKEN UNDER THIS DIVISION. 1,151
(G) A WITHHOLDING OR DEDUCTION NOTICE ISSUED UNDER SECTION 1,153
3111.23 OR 3113.21 OF THE REVISED CODE OR AN ORDER DESCRIBED IN 1,154
SECTION 3115.32 OF THE REVISED CODE HAS PRIORITY OVER ALL OTHER 1,155
ORDERS AND SHALL BE COMPLIED WITH IN ACCORDANCE WITH CHILD 1,156
SUPPORT ENFORCEMENT LAWS. ALL OTHER ORDERS ARE ENTITLED TO
PRIORITY IN ORDER OF EARLIEST RETENTION BY THE SYSTEM. THE 1,157
SYSTEM IS NOT TO RETAIN AN ORDER THAT PROVIDES FOR THE DIVISION 1,158
OF PROPERTY UNLESS THE ORDER IS FILED IN A COURT WITH 1,159
JURISDICTION IN THIS STATE.
(H) THE SYSTEM IS NOT LIABLE IN CIVIL DAMAGES FOR LOSS 1,161
RESULTING FROM ANY ACTION OR FAILURE TO ACT IN COMPLIANCE WITH 1,162
THIS SECTION.
Sec. 3307.751. If THE PERSON WHO IS a member, former 1,171
member, contributor, former contributor, retirant, or 1,173
beneficiary, OR ALTERNATE PAYEE, AS DEFINED IN SECTION 3105.80 OF 1,174
THE REVISED CODE, is paid any benefit OR PAYMENT by the state 1,175
teachers retirement system to which he THE PERSON is not 1,176
entitled, the benefit shall be repaid to the retirement system by 1,178
him THE PERSON. If he SUCH A PERSON fails to make the repayment, 1,179
the retirement system shall withhold the amount due from any 1,180
benefit due him THE PERSON or his THE PERSON'S beneficiary under 1,182
this chapter, or may collect the amount in any other manner
provided by law. 1,183
Sec. 3309.22. (A) The treasurer of state shall furnish 1,192
annually to the school employees retirement board a sworn 1,193
statement of the amount of the funds in the treasurer's custody 1,195
belonging to the school employees retirement system. 1,196
26
(B)(1) As used in this division, "personal history record" 1,198
means information maintained by the board on AN INDIVIDUAL WHO IS 1,199
a member, former member, contributor, former contributor, 1,201
retirant, or beneficiary that includes the address, telephone 1,202
number, social security number, record of contributions, 1,203
correspondence with the system, and other information the board 1,204
determines to be confidential.
(2) The records of the board shall be open to public 1,206
inspection, except for the following, which shall be excluded, 1,207
except with the written authorization of the individual 1,208
concerned: 1,209
(a) The individual's statement of previous service and 1,211
other information as provided for in section 3309.28 of the 1,212
Revised Code; 1,213
(b) Any information identifying by name and address the 1,215
amount of a monthly allowance or benefit paid to the individual; 1,216
(c) The individual's personal history record. 1,218
(C) All medical reports and recommendations required by 1,220
the system are privileged except that copies of such medical 1,221
reports or recommendations shall be made available to the 1,222
personal physician, attorney, or authorized agent of the 1,223
individual concerned upon written release received from the 1,224
individual or the individual's agent, or when necessary for the 1,226
proper administration of the fund, to the board assigned 1,227
physician.
(D) Any person who is a contributor of the system shall be 1,229
furnished, on written request, with a statement of the amount to 1,231
the credit of the person's account. The board need not answer 1,232
more than one such request of a person in any one year.
(E) Notwithstanding the exceptions to public inspection in 1,234
division (B)(2) of this section, the board may furnish the 1,235
following information: 1,236
(1) If a member, former member, contributor, former 1,238
contributor, or retirant is subject to an order issued under 1,239
27
section 2907.15 of the Revised Code or is convicted of or pleads 1,240
guilty to a violation of section 2921.41 of the Revised Code, on 1,241
written request of a prosecutor as defined in section 2935.01 of 1,242
the Revised Code, the board shall furnish to the prosecutor the 1,243
information requested from the individual's personal history 1,244
record. 1,245
(2) Pursuant to a court or administrative order issued 1,247
under section 3111.23 or 3113.21 of the Revised Code, the board 1,248
shall furnish to a court or child support enforcement agency the 1,249
information required under that section. 1,250
(3) At the written request of any person, the board shall 1,252
provide to the person a list of the names and addresses of 1,253
members, former members, retirants, contributors, former 1,254
contributors, or beneficiaries. The costs of compiling, copying, 1,255
and mailing the list shall be paid by such person. 1,256
(4) Within fourteen days after receiving from the director 1,258
of job and family services a list of the names and social 1,259
security numbers of recipients of public assistance pursuant to 1,261
section 5101.181 of the Revised Code, the board shall inform the 1,262
auditor of state of the name, current or most recent employer 1,263
address, and social security number of each contributor whose 1,264
name and social security number are the same as that of a person 1,265
whose name or social security number was submitted by the 1,266
director. The board and its employees shall, except for purposes 1,267
of furnishing the auditor of state with information required by 1,268
this section, preserve the confidentiality of recipients of 1,269
public assistance in compliance with division (A) of section 1,270
5101.181 of the Revised Code. 1,271
(5) THE SYSTEM SHALL COMPLY WITH ORDERS ISSUED UNDER 1,274
SECTION 3105.87 OF THE REVISED CODE.
ON THE WRITTEN REQUEST OF AN ALTERNATE PAYEE, AS DEFINED IN 1,276
SECTION 3105.80 OF THE REVISED CODE, THE SYSTEM SHALL FURNISH TO 1,278
THE ALTERNATE PAYEE INFORMATION ON THE AMOUNT AND STATUS OF ANY 1,279
AMOUNTS PAYABLE TO THE ALTERNATE PAYEE UNDER AN ORDER ISSUED 1,280
28
UNDER SECTION 3105.171 OR 3105.65 OF THE REVISED CODE. 1,281
(F) A statement that contains information obtained from 1,283
the system's records that is signed by an officer of the 1,284
retirement system and to which the system's official seal is 1,285
affixed, or copies of the system's records to which the signature 1,286
and seal are attached, shall be received as true copies of the 1,287
system's records in any court or before any officer of this 1,288
state. 1,289
Sec. 3309.66. The right of a person AN INDIVIDUAL to a 1,299
pension, an annuity, or a retirement allowance itself, THE RIGHT 1,301
OF AN INDIVIDUAL TO any optional benefit, any other right accrued 1,302
or accruing to any persons, INDIVIDUAL under sections 3309.01 to 1,303
3309.68 of the Revised Code THIS CHAPTER, or the various funds 1,305
created by section 3309.60 of the Revised Code, and all moneys 1,307
and, investments, and income thereof, FROM MONEYS AND INVESTMENTS 1,309
are exempt from any state tax, except the tax imposed by section 1,310
5747.02 of the Revised Code, and are exempt from any county, 1,311
municipal, or other local tax, except taxes imposed pursuant to
section 5748.02 or 5748.08 of the Revised Code, and, except as 1,314
provided in sections 3105.171, 3105.65, 3111.23, 3113.21, 1,316
3115.32, and 3309.67 of the Revised Code, shall not be subject to 1,317
execution, garnishment, attachment, the operation of bankruptcy 1,318
or insolvency laws, or any other process of law whatsoever, and 1,319
shall be unassignable except as specifically provided in THIS 1,322
CHAPTER OR sections 3105.171, 3105.65, 3111.23, 3113.21, and 1,324
3309.01 to 3309.68 3115.32 of the Revised Code. 1,325
Sec. 3309.671. (A) AS USED IN THIS SECTION, "ALTERNATE 1,327
PAYEE," "BENEFIT," "LUMP SUM PAYMENT," "PARTICIPANT," AND "PUBLIC 1,329
RETIREMENT PROGRAM" HAVE THE SAME MEANINGS AS IN SECTION 3105.80 1,330
OF THE REVISED CODE.
(B) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.171 1,332
OR 3105.65 OF THE REVISED CODE, THE SCHOOL EMPLOYEES RETIREMENT 1,333
SYSTEM SHALL DETERMINE WHETHER THE ORDER MEETS THE REQUIREMENTS 1,335
OF SECTIONS 3105.80 TO 3105.90 OF THE REVISED CODE. THE SYSTEM 1,336
29
SHALL RETAIN IN THE PARTICIPANT'S RECORD AN ORDER THE SYSTEM 1,337
DETERMINES MEETS THE REQUIREMENTS. NOT LATER THAN SIXTY DAYS 1,338
AFTER RECEIPT, THE SYSTEM SHALL RETURN TO THE COURT THAT ISSUED 1,339
THE ORDER ANY ORDER THE SYSTEM DETERMINES DOES NOT MEET THE 1,340
REQUIREMENTS.
(C) THE SYSTEM SHALL COMPLY WITH AN ORDER RETAINED UNDER 1,343
DIVISION (B) OF THIS SECTION AT THE FOLLOWING TIMES AS
APPROPRIATE: 1,344
(1) IF THE PARTICIPANT HAS APPLIED FOR OR IS RECEIVING A 1,346
BENEFIT OR HAS APPLIED FOR BUT NOT YET RECEIVED A LUMP SUM 1,347
PAYMENT, AS SOON AS PRACTICABLE; 1,348
(2) IF THE PARTICIPANT HAS NOT APPLIED FOR A BENEFIT OR 1,351
LUMP SUM PAYMENT, ON APPLICATION BY THE PARTICIPANT FOR A BENEFIT 1,352
OR LUMP SUM PAYMENT. 1,353
(D) IF THE SYSTEM TRANSFERS A PARTICIPANT'S SERVICE CREDIT 1,355
OR CONTRIBUTIONS MADE BY OR ON BEHALF OF A PARTICIPANT TO A 1,356
PUBLIC RETIREMENT PROGRAM THAT IS NOT NAMED IN THE ORDER, THE 1,357
SYSTEM SHALL DO BOTH OF THE FOLLOWING: 1,358
(1) NOTIFY THE COURT THAT ISSUED THE ORDER BY SENDING THE 1,361
COURT A COPY OF THE ORDER AND THE NAME AND ADDRESS OF THE PUBLIC 1,362
RETIREMENT PROGRAM TO WHICH THE TRANSFER WAS MADE. 1,363
(2) SEND A COPY OF THE ORDER TO THE PUBLIC RETIREMENT 1,365
PROGRAM TO WHICH THE TRANSFER WAS MADE. 1,366
(E) IF IT RECEIVES A PARTICIPANT'S SERVICE CREDIT OR 1,368
CONTRIBUTIONS AND A COPY OF AN ORDER AS PROVIDED IN DIVISION (D) 1,370
OF THIS SECTION, THE SYSTEM SHALL ADMINISTER THE ORDER AS IF IT 1,371
WERE THE PUBLIC RETIREMENT PROGRAM NAMED IN THE ORDER. 1,372
(F) IF A PARTICIPANT'S BENEFIT OR LUMP SUM PAYMENT IS OR 1,375
WILL BE SUBJECT TO MORE THAN ONE ORDER DESCRIBED IN SECTION 1,376
3105.81 OF THE REVISED CODE OR TO AN ORDER DESCRIBED IN SECTION 1,377
3105.81 OF THE REVISED CODE AND A WITHHOLDING ORDER UNDER SECTION 1,378
3111.23 OR 3113.21 OF THE REVISED CODE, THE SYSTEM SHALL, AFTER 1,381
DETERMINING THAT THE AMOUNTS THAT ARE OR WILL BE WITHHELD WILL 1,382
CAUSE THE BENEFIT OR LUMP SUM PAYMENT TO FALL BELOW THE LIMITS 1,383
30
DESCRIBED IN SECTION 3105.85 OF THE REVISED CODE, DO ALL OF THE 1,384
FOLLOWING: 1,385
(1) ESTABLISH, IN ACCORDANCE WITH DIVISION (G) OF THIS 1,387
SECTION AND SUBJECT TO THE LIMITS DESCRIBED IN SECTION 3105.85 OF 1,389
THE REVISED CODE, THE PRIORITY IN WHICH THE ORDERS ARE OR WILL BE 1,391
PAID BY THE SYSTEM;
(2) REDUCE THE AMOUNT PAID TO AN ALTERNATE PAYEE BASED ON 1,393
THE PRIORITY ESTABLISHED UNDER DIVISION (F)(1) OF THIS SECTION; 1,394
(3) NOTIFY, BY REGULAR MAIL, A PARTICIPANT AND ALTERNATE 1,397
PAYEE OF ANY ACTION TAKEN UNDER THIS DIVISION. 1,398
(G) A WITHHOLDING OR DEDUCTION NOTICE ISSUED UNDER SECTION 1,400
3111.23 OR 3113.21 OF THE REVISED CODE OR AN ORDER DESCRIBED IN 1,401
SECTION 3115.32 OF THE REVISED CODE HAS PRIORITY OVER ALL OTHER 1,402
ORDERS AND SHALL BE COMPLIED WITH IN ACCORDANCE WITH CHILD 1,403
SUPPORT ENFORCEMENT LAWS. ALL OTHER ORDERS ARE ENTITLED TO
PRIORITY IN ORDER OF EARLIEST RETENTION BY THE SYSTEM. THE 1,404
SYSTEM IS NOT TO RETAIN AN ORDER THAT PROVIDES FOR THE DIVISION 1,405
OF PROPERTY UNLESS THE ORDER IS FILED IN A COURT WITH 1,406
JURISDICTION IN THIS STATE.
(H) THE SYSTEM IS NOT LIABLE IN CIVIL DAMAGES FOR LOSS 1,408
RESULTING FROM ANY ACTION OR FAILURE TO ACT IN COMPLIANCE WITH 1,409
THIS SECTION.
Sec. 3309.70. If a PERSON WHO IS A member, former member, 1,418
contributor, former contributor, retirant, or beneficiary, OR 1,420
ALTERNATE PAYEE, AS DEFINED IN SECTION 3105.80 OF THE REVISED 1,421
CODE, is paid any benefit OR PAYMENT by the school employees 1,422
retirement system to which he THE PERSON is not entitled, the 1,423
benefit shall be repaid to the retirement system by him THE 1,425
PERSON. If he THE PERSON fails to make the repayment, the 1,426
retirement system shall withhold the amount due from any benefit 1,427
due him THE PERSON or his THE PERSON'S beneficiary under this 1,429
chapter, or may collect the amount in any other manner provided 1,431
by law.
Sec. 5505.04. (A) The general administration and 1,440
31
management of the state highway patrol retirement system and the 1,441
making effective of this chapter are hereby vested in the state 1,442
highway patrol retirement board. The board may sue and be sued, 1,443
plead and be impleaded, contract and be contracted with, and do 1,444
all things necessary to carry out this chapter. 1,445
The board shall consist of the auditor of state, the 1,447
superintendent of the state highway patrol, a retirant-member who 1,448
is a resident of this state, and four employee-members. 1,449
The board shall annually elect a chairperson and 1,451
vice-chairperson from among its members. The vice-chairperson 1,452
shall act as chairperson in the absence of the chairperson. A 1,453
majority of the members of the board shall constitute a quorum 1,454
and any action taken shall be approved by four or more of the 1,455
members. The board shall meet not less than once each year, upon 1,456
sufficient notice to the members. All meetings of the board 1,457
shall be open to the public except executive sessions as set 1,458
forth in division (G) of section 121.22 of the Revised Code, and 1,459
any portions of any sessions discussing medical records or the 1,460
degree of disability of a member excluded from public inspection 1,461
by this section.
(B) The attorney general shall prescribe procedures for 1,463
the adoption of rules authorized under this chapter, consistent 1,464
with the provision of section 111.15 of the Revised Code under 1,465
which all rules shall be filed in order to be effective. Such 1,466
procedures shall establish methods by which notice of proposed 1,467
rules are given to interested parties and rules adopted by the 1,468
board published and otherwise made available. When it files a 1,470
rule with the joint committee on agency rule review pursuant to 1,471
section 111.15 of the Revised Code, the board shall submit to the 1,473
Ohio retirement study council a copy of the full text of the 1,474
rule, and if applicable, a copy of the rule summary and fiscal 1,476
analysis required by division (B) of section 127.18 of the 1,477
Revised Code. 1,479
(C) The retirant-member of the board shall be elected for 1,481
32
a four-year term by a general election of service and disability 1,482
retirants conducted in a manner approved by the board. The term 1,483
of the initial retirant-member shall commence in August 1990. A 1,484
person who at the time of retirement is an employee-member of the 1,485
board is not eligible to become a retirant-member until three 1,486
years after such person's retirement date. Employee-members of 1,488
the board shall be elected for terms of four years by a general 1,489
election of contributing members conducted in a manner approved 1,490
by the board. The term of office of each employee-member shall 1,491
commence in August of the year in which such member is elected. 1,492
Any vacancy occurring in the term of the retirant-member or any 1,494
employee-member of the board shall be filled by an election 1,495
conducted in the same manner as other retirant-member and 1,496
employee-member elections. The retirant-member or 1,497
employee-member elected shall fill the unexpired term. 1,498
(D)(1) As used in this division, "personal history record" 1,500
means information maintained by the board on AN INDIVIDUAL WHO IS 1,501
a member, former member, retirant, or beneficiary that includes 1,503
the address, telephone number, social security number, record of 1,504
contributions, correspondence with the system, and other 1,505
information the board determines to be confidential. 1,506
(2) The records of the board shall be open to public 1,508
inspection, except for the following which shall be excluded: the 1,510
member's, former member's, retirant's, or beneficiary's personal 1,511
history record and the amount of a monthly allowance or benefit 1,512
paid to a retirant, beneficiary, or survivor, except with the 1,513
written authorization of the individual concerned. All medical 1,514
reports and recommendations are privileged except that copies of 1,515
such medical reports or recommendations shall be made available 1,516
to the individual's personal physician, attorney, or authorized 1,517
agent upon written release received from such individual or such 1,518
individual's agent, or when necessary for the proper 1,519
administration of the fund to the board-assigned physician. 1,520
(E) Notwithstanding the exceptions to public inspection in 1,522
33
division (D)(2) of this section, the board may furnish the 1,523
following information: 1,524
(1) If a member, former member, or retirant is subject to 1,526
an order issued under section 2907.15 of the Revised Code or is 1,527
convicted of or pleads guilty to a violation of section 2921.41 1,528
of the Revised Code, on written request of a prosecutor as 1,529
defined in section 2935.01 of the Revised Code, the board shall 1,530
furnish to the prosecutor the information requested from the 1,531
individual's personal history record. 1,532
(2) Pursuant to a court order issued under section 3113.21 1,534
of the Revised Code, the board shall furnish to a court or child 1,535
support enforcement agency the information required under that 1,536
section. 1,537
(3) At the written request of any nonprofit organization 1,539
or association providing services to retirement system members, 1,540
retirants, or beneficiaries, the board shall provide to the 1,541
organization or association a list of the names and addresses of 1,542
members, former members, retirants, or beneficiaries if the 1,543
organization or association agrees to use such information solely 1,544
in accordance with its stated purpose of providing services to 1,545
such individuals and not for the benefit of other persons, 1,546
organizations, or associations. The costs of compiling, copying, 1,547
and mailing the list shall be paid by such entity. 1,548
(4) Within fourteen days after receiving from the director 1,550
of job and family services a list of the names and social 1,551
security numbers of recipients of public assistance pursuant to 1,552
section 5101.181 of the Revised Code, the board shall inform the 1,553
auditor of state of the name, current or most recent employer 1,554
address, and social security number of each member whose name and 1,555
social security number are the same as those of a person whose 1,556
name or social security number was submitted by the director. 1,557
The board and its employees, except for purposes of furnishing 1,558
the auditor of state with information required by this section, 1,559
shall preserve the confidentiality of recipients of public 1,560
34
assistance in compliance with division (A) of section 5101.181 of 1,561
the Revised Code.
(5) THE SYSTEM SHALL COMPLY WITH ORDERS ISSUED UNDER 1,564
SECTION 3105.87 OF THE REVISED CODE.
ON THE WRITTEN REQUEST OF AN ALTERNATE PAYEE, AS DEFINED IN 1,566
SECTION 3105.80 OF THE REVISED CODE, THE SYSTEM SHALL FURNISH TO 1,568
THE ALTERNATE PAYEE INFORMATION ON THE AMOUNT AND STATUS OF ANY 1,569
AMOUNTS PAYABLE TO THE ALTERNATE PAYEE UNDER AN ORDER ISSUED 1,570
UNDER SECTION 3105.171 OR 3105.65 OF THE REVISED CODE. 1,571
(F) A statement that contains information obtained from 1,573
the system's records that is certified and signed by an officer 1,574
of the retirement system and to which the system's official seal 1,575
is affixed, or copies of the system's records to which the 1,576
signature and seal are attached, shall be received as true copies 1,577
of the system's records in any court or before any officer of 1,578
this state. 1,579
Sec. 5505.22. The right of any person INDIVIDUAL to a 1,589
pension, or to the return of accumulated contributions, payable 1,590
as provided under this chapter, and all moneys, AND investments 1,591
of the state highway patrol retirement system, and income 1,592
therefrom, FROM MONEYS OR INVESTMENTS are exempt from any state 1,593
tax, except the tax imposed by section 5747.02 of the Revised 1,595
Code, and are exempt from any county, municipal, or other local 1,596
tax, except taxes imposed pursuant to section 5748.02 or 5748.08 1,597
of the Revised Code, and, except as provided in sections 1,600
3105.171, 3105.65, 3111.23, 3113.21, 3115.32, and 5505.26 of the 1,602
Revised Code, shall not be subject to execution, garnishment,
attachment, the operation of bankruptcy or insolvency laws, or 1,603
any other process of law whatsoever, and shall be unassignable 1,604
except as specifically provided in this chapter. 1,606
Sec. 5505.261. (A) AS USED IN THIS SECTION, "ALTERNATE 1,608
PAYEE," "BENEFIT," "LUMP SUM PAYMENT," "PARTICIPANT," AND "PUBLIC 1,610
RETIREMENT PROGRAM" HAVE THE SAME MEANINGS AS IN SECTION 3105.80 1,611
OF THE REVISED CODE.
35
(B) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.171 1,613
OR 3105.65 OF THE REVISED CODE, THE STATE HIGHWAY PATROL 1,614
RETIREMENT SYSTEM SHALL DETERMINE WHETHER THE ORDER MEETS THE 1,616
REQUIREMENTS OF SECTIONS 3105.80 TO 3105.90 OF THE REVISED CODE. 1,617
THE SYSTEM SHALL RETAIN IN THE PARTICIPANT'S RECORD AN ORDER THE 1,618
SYSTEM DETERMINES MEETS THE REQUIREMENTS. NOT LATER THAN SIXTY 1,619
DAYS AFTER RECEIPT, THE SYSTEM SHALL RETURN TO THE COURT THAT 1,620
ISSUED THE ORDER ANY ORDER THE SYSTEM DETERMINES DOES NOT MEET 1,621
THE REQUIREMENTS.
(C) THE SYSTEM SHALL COMPLY WITH AN ORDER RETAINED UNDER 1,624
DIVISION (B) OF THIS SECTION AT EITHER OF THE FOLLOWING TIMES AS 1,625
APPROPRIATE:
(1) IF THE PARTICIPANT HAS APPLIED FOR OR IS RECEIVING A 1,627
BENEFIT OR HAS APPLIED FOR BUT NOT YET RECEIVED A LUMP SUM 1,628
PAYMENT, AS SOON AS PRACTICABLE; 1,629
(2) IF THE PARTICIPANT HAS NOT APPLIED FOR A BENEFIT OR 1,632
LUMP SUM PAYMENT, ON APPLICATION BY THE PARTICIPANT FOR A BENEFIT 1,633
OR LUMP SUM PAYMENT. 1,634
(D) IF THE SYSTEM TRANSFERS A PARTICIPANT'S SERVICE CREDIT 1,636
OR CONTRIBUTIONS MADE BY OR ON BEHALF OF A PARTICIPANT TO A 1,637
PUBLIC RETIREMENT PROGRAM THAT IS NOT NAMED IN THE ORDER, THE 1,640
SYSTEM SHALL DO BOTH OF THE FOLLOWING:
(1) NOTIFY THE COURT THAT ISSUED THE ORDER BY SENDING THE 1,643
COURT A COPY OF THE ORDER AND THE NAME AND ADDRESS OF THE PUBLIC 1,644
RETIREMENT PROGRAM TO WHICH THE TRANSFER WAS MADE.
(2) SEND A COPY OF THE ORDER TO THE PUBLIC RETIREMENT 1,646
PROGRAM TO WHICH THE TRANSFER WAS MADE. 1,647
(E) IF IT RECEIVES A PARTICIPANT'S SERVICE CREDIT OR 1,649
CONTRIBUTIONS AND A COPY OF AN ORDER AS PROVIDED IN DIVISION (D) 1,651
OF THIS SECTION, THE SYSTEM SHALL ADMINISTER THE ORDER AS IF IT 1,652
WERE THE PUBLIC RETIREMENT PROGRAM NAMED IN THE ORDER. 1,653
(F) IF A PARTICIPANT'S BENEFIT OR LUMP SUM PAYMENT IS OR 1,656
WILL BE SUBJECT TO MORE THAN ONE ORDER DESCRIBED IN SECTION 1,657
3105.81 OF THE REVISED CODE OR TO AN ORDER DESCRIBED IN SECTION 1,658
36
3105.81 OF THE REVISED CODE AND A WITHHOLDING ORDER UNDER SECTION 1,659
3111.23 OR 3113.21 OF THE REVISED CODE, THE SYSTEM SHALL, AFTER 1,662
DETERMINING THAT THE AMOUNTS THAT ARE OR WILL BE WITHHELD WILL 1,663
CAUSE THE BENEFIT OR LUMP SUM PAYMENT TO FALL BELOW THE LIMITS 1,664
DESCRIBED IN SECTION 3105.85 OF THE REVISED CODE, DO ALL OF THE 1,665
FOLLOWING: 1,666
(1) ESTABLISH, IN ACCORDANCE WITH DIVISION (G) OF THIS 1,668
SECTION AND SUBJECT TO THE LIMITS DESCRIBED IN SECTION 3105.85 OF 1,670
THE REVISED CODE, THE PRIORITY IN WHICH THE ORDERS ARE OR WILL BE 1,672
PAID BY THE RETIREMENT SYSTEM IN ACCORDANCE WITH DIVISION (G) OF
THIS SECTION; 1,673
(2) REDUCE THE AMOUNT PAID TO AN ALTERNATE PAYEE BASED ON 1,675
THE PRIORITY ESTABLISHED UNDER DIVISION (F)(1) OF THIS SECTION; 1,676
(3) NOTIFY, BY REGULAR MAIL, A PARTICIPANT AND ALTERNATE 1,679
PAYEE OF ANY ACTION TAKEN UNDER THIS DIVISION. 1,680
(G) A WITHHOLDING OR DEDUCTION NOTICE ISSUED UNDER SECTION 1,682
3111.23 OR 3113.21 OF THE REVISED CODE OR AN ORDER DESCRIBED IN 1,683
SECTION 3115.32 OF THE REVISED CODE HAS PRIORITY OVER ALL OTHER 1,684
ORDERS AND SHALL BE COMPLIED WITH IN ACCORDANCE WITH CHILD 1,685
SUPPORT ENFORCEMENT LAWS. ALL OTHER ORDERS ARE ENTITLED TO
PRIORITY IN ORDER OF EARLIEST RETENTION BY THE SYSTEM. THE 1,686
SYSTEM IS NOT TO RETAIN AN ORDER THAT PROVIDES FOR THE DIVISION 1,687
OF PROPERTY UNLESS THE ORDER IS FILED IN A COURT WITH 1,688
JURISDICTION IN THIS STATE.
(H) THE SYSTEM IS NOT LIABLE IN CIVIL DAMAGES FOR LOSS 1,690
RESULTING FROM ANY ACTION OR FAILURE TO ACT IN COMPLIANCE WITH 1,691
THIS SECTION.
Sec. 5505.34. AS USED IN THIS SECTION, "ALTERNATE PAYEE," 1,693
"BENEFIT," AND "LUMP SUM PAYMENT" HAVE THE SAME MEANINGS AS IN 1,694
SECTION 3105.80 OF THE REVISED CODE.
IF A PERSON WHO IS AN ALTERNATE PAYEE IS PAID ANY AMOUNT 1,696
FROM A BENEFIT OR LUMP SUM PAYMENT UNDER AN ORDER ISSUED UNDER 1,697
SECTION 3105.171 OR 3105.65 OF THE REVISED CODE BY THE STATE 1,698
HIGHWAY PATROL RETIREMENT SYSTEM TO WHICH THE PERSON IS NOT
37
ENTITLED, THE PERSON SHALL REPAY THE RETIREMENT SYSTEM. IF THE 1,699
PERSON FAILS TO REPAY, THE RETIREMENT SYSTEM SHALL WITHHOLD THE 1,700
AMOUNT DUE FROM ANY PAYMENT DUE THE PERSON UNDER THE ORDER OR MAY 1,701
COLLECT THE AMOUNT IN ANY OTHER MANNER PROVIDED BY LAW. 1,702
Section 2. That existing sections 145.27, 145.56, 145.563, 1,704
742.41, 742.47, 3305.08, 3307.21, 3307.71, 3307.751, 3309.22, 1,707
3309.66, 3309.70, 5505.04, and 5505.22 of the Revised Code are 1,708
hereby repealed.
Section 3. Compliance with the provisions of this act by a 1,710
public retirement program, as defined in section 3105.80 of the 1,711
Revised Code, shall not subject the program to any provisions of 1,712
federal law that do not otherwise apply to a governmental plan, 1,713
as defined under section 414 of the "Internal Revenue Code of 1,714
1986," 100 Stat. 2085, 26 U.S.C.A. 414(d), as amended. 1,715
Section 4. This act applies only to orders issued under 1,717
section 3105.171 or 3105.65 of the Revised Code or modified as 1,718
authorized under section 3105.89 of the Revised Code on or after 1,719
the act's effective date.
Section 5. Sections 1, 2, 3, and 4 of this act shall take 1,721
effect one year after the effective date of this section. 1,722