As Passed by the House

127th General Assembly
Regular Session
2007-2008
Sub. H. B. No. 8


Representative Hagan, R. 

Cosponsors: Representatives Hite, Skindell, Lundy, Driehaus, Domenick, Stewart, D., Bacon, Blessing, Bolon, Book, Boyd, Brady, Brown, Bubp, Budish, DeBose, DeGeeter, Dodd, Dyer, Fende, Flowers, Foley, Gerberry, Goyal, Harwood, Hottinger, Huffman, Hughes, Koziura, Latta, Letson, Luckie, Mallory, Mandel, Miller, Okey, Otterman, Patton, Raussen, Sayre, Schneider, Strahorn, Uecker, Ujvagi, Widowfield, Williams, B., Yuko, Zehringer 

A BILL
To amend sections 145.27, 145.56, 145.82, 145.95, 1
742.41, 742.47, 3305.07, 3305.20, 3307.20, 2
3307.41, 3309.22, 3309.66, 3309.82, 3309.95, 3
5505.04, and 5505.22 and to enact sections 4
145.572, 742.463, 2901.43, 3305.11, 3307.372, 5
3309.672, and 5505.262 of the Revised Code to 6
provide that a member of a state retirement 7
system, on conviction of a felony committed in the 8
course of official duties, will forfeit the 9
portion of any state retirement benefit that is 10
based on employer contributions.11


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1.  That sections 145.27, 145.56, 145.82, 145.95, 12
742.41, 742.47, 3305.07, 3305.20, 3307.20, 3307.41, 3309.22, 13
3309.66, 3309.82, 3309.95, 5505.04, and 5505.22 be amended and 14
sections 145.572, 742.463, 2901.43, 3305.11, 3307.372, 3309.672, 15
and 5505.262 of the Revised Code be enacted to read as follows:16

       Sec. 145.27.  (A)(1) As used in this division, "personal17
history record" means information maintained by the public18
employees retirement board on an individual who is a member,19
former member, contributor, former contributor, retirant, or20
beneficiary that includes the address, telephone number, social21
security number, record of contributions, correspondence with the22
public employees retirement system, or other information the board23
determines to be confidential.24

       (2) The records of the board shall be open to public25
inspection, except that the following shall be excluded, except26
with the written authorization of the individual concerned:27

       (a) The individual's statement of previous service and other28
information as provided for in section 145.16 of the Revised Code;29

       (b) The amount of a monthly allowance or benefit paid to the30
individual;31

       (c) The individual's personal history record.32

       (B) All medical reports and recommendations required by this33
chapter are privileged, except that copies of such medical reports34
or recommendations shall be made available to the personal35
physician, attorney, or authorized agent of the individual36
concerned upon written release from the individual or the37
individual's agent, or when necessary for the proper38
administration of the fund, to the board assigned physician.39

       (C) Any person who is a member or contributor of the system40
shall be furnished with a statement of the amount to the credit of41
the individual's account upon written request. The board is not42
required to answer more than one such request of a person in any43
one year. The board may issue annual statements of accounts to44
members and contributors.45

       (D) Notwithstanding the exceptions to public inspection in46
division (A)(2) of this section, the board may furnish the47
following information:48

       (1)(a) If a member, former member, contributor, former49
contributor, or retirant is subject to an order issued under50
section 2907.15 of the Revised Code or is convicted of or pleads51
guilty to a violation of section 2921.41 of the Revised Code, on52
written request of a prosecutor as defined in section 2935.01 of53
the Revised Code, the board shall furnish to the prosecutor the54
information requested from the individual's personal history55
record.56

       (b) If a sentencing court requests confirmation of an 57
individual's membership status in the retirement system pursuant 58
to section 2901.43 of the Revised Code, the retirement system 59
shall furnish the sentencing court with the information requested 60
from the individual's personal history record.61

       (2) Pursuant to a court or administrative order issued62
pursuant to Chapter 3119., 3121., 3123., or 3125. of the Revised63
Code, the board shall furnish to a court or child support64
enforcement agency the information required under that section.65

       (3) At the written request of any person, the board shall66
provide to the person a list of the names and addresses of67
members, former members, contributors, former contributors,68
retirants, or beneficiaries. The costs of compiling, copying, and69
mailing the list shall be paid by such person.70

       (4) Within fourteen days after receiving from the director of 71
job and family services a list of the names and social security72
numbers of recipients of public assistance pursuant to section73
5101.181 of the Revised Code, the board shall inform the auditor74
of state of the name, current or most recent employer address, and75
social security number of each member whose name and social76
security number are the same as that of a person whose name or77
social security number was submitted by the director. The board78
and its employees shall, except for purposes of furnishing the79
auditor of state with information required by this section,80
preserve the confidentiality of recipients of public assistance in81
compliance with division (A) of section 5101.181 of the Revised82
Code.83

       (5) The system shall comply with orders issued under section84
3105.87 of the Revised Code.85

       On the written request of an alternate payee, as defined in86
section 3105.80 of the Revised Code, the system shall furnish to87
the alternate payee information on the amount and status of any88
amounts payable to the alternate payee under an order issued under89
section 3105.171 or 3105.65 of the Revised Code.90

       (6) At the request of any person, the board shall make 91
available to the person copies of all documents, including 92
resumes, in the board's possession regarding filling a vacancy of 93
an employee member or retirant member of the board. The person who 94
made the request shall pay the cost of compiling, copying, and 95
mailing the documents. The information described in this division 96
is a public record.97

       (E) A statement that contains information obtained from the98
system's records that is signed by the executive director or an99
officer of the system and to which the system's official seal is100
affixed, or copies of the system's records to which the signature101
and seal are attached, shall be received as true copies of the102
system's records in any court or before any officer of this state.103

       Sec. 145.56.  The right of an individual to a pension, an104
annuity, or a retirement allowance itself, the right of an105
individual to any optional benefit, any other right accrued or106
accruing to any individual, under this chapter, or under any107
municipal retirement system established subject to this chapter108
under the laws of this state or any charter, the various funds109
created by this chapter, or under such municipal retirement110
system, and all moneys, investments, and income from moneys or111
investments are exempt from any state tax, except the tax imposed112
by section 5747.02 of the Revised Code and are exempt from any113
county, municipal, or other local tax, except taxes imposed114
pursuant to section 5748.02 or 5748.08 of the Revised Code and,115
except as provided in sections 145.57, 145.572, 3105.171, 3105.65,116
and 3115.32 and Chapters 3119., 3121., 3123., and 3125. of the117
Revised Code, shall not be subject to execution, garnishment,118
attachment, the operation of bankruptcy or insolvency laws, or119
other process of law whatsoever, and shall be unassignable except120
as specifically provided in this chapter and sections 3105.171,121
3105.65, and 3115.32 and Chapters 3119., 3121., 3123., and 3125.122
of the Revised Code.123

       Sec. 145.572.  (A) As used in this section, "accumulated 124
contributions" has the same meaning as in section 145.01 of the 125
Revised Code, but also includes employee contributions made under 126
section 145.85 of the Revised Code and any earnings on those 127
contributions.128

       (B)(1) Except as provided in division (B)(2) of this section, 129
any payment that is to be made under a pension, annuity, 130
allowance, or other type of benefit that has been granted to a 131
person under this chapter shall be subject to any forfeiture order 132
issued pursuant to section 2901.43 of the Revised Code to the 133
extent that the pension, annuity, allowance, or benefit has not 134
vested in accordance with section 145.561 of the Revised Code, the 135
plan document for a PERS defined contribution plan, or federal 136
law.137

       (2) Notwithstanding any provision of this chapter, a 138
forfeiture order does not affect any of the following:139

       (a) A person's right to payment of accumulated contributions 140
standing to the person's credit under this chapter;141

       (b) Any portion of a retirement allowance or payment of 142
accumulated contributions that is subject to withholding under 143
section 145.57 of the Revised Code for the purpose of an order 144
issued under section 2907.15 or 2921.41 of the Revised Code;145

       (c) Any portion of a retirement allowance or payment of 146
accumulated contributions that is subject to withholding under 147
section 145.571 of the Revised Code for the purpose of an order 148
issued under section 3105.171 or 3105.65 of the Revised Code;149

       (d) Eligibility of a public employees retirement system 150
member or the member's spouse or qualified dependents, as 151
appropriate, to receive hospital insurance coverage pursuant to 152
section 145.325 of the Revised Code, health care coverage pursuant 153
to section 145.58 of the Revised Code, or long-term care insurance 154
pursuant to section 145.581 of the Revised Code;155

       (e) Payment of a survivor benefit to a member's spouse, 156
beneficiaries, or qualified dependents under section 145.45, 157
145.46, or 145.92 of the Revised Code.158

       (C) The public employees retirement system shall comply with 159
a forfeiture order issued under division (B) of section 2901.43 of 160
the Revised Code at the following times as appropriate:161

       (1) If the offender has applied for, but is not yet receiving 162
a retirement allowance or disability benefit, as soon as 163
practicable;164

       (2) If the offender has applied for, but has not yet received 165
a payment of accumulated contributions, as soon as practicable;166

       (3) If the offender has not applied for a retirement 167
allowance, disability benefit, or payment of accumulated 168
contributions, on application by the offender for a retirement 169
allowance, disability benefit, or payment of accumulated 170
contributions.171

       (D) The public employees retirement board shall adopt rules 172
as necessary to implement this section.173

       Sec. 145.82.  (A) Except as provided in divisions (B) and (C)174
of this section, sections 145.201 to 145.70 of the Revised Code do175
not apply to a PERS defined contribution plan, except that a PERS 176
defined contribution plan may incorporate provisions of those 177
sections as specified in the plan document.178

       (B) The following sections of Chapter 145. of the Revised179
Code apply to a PERS defined contribution plan: 145.22, 145.221,180
145.23, 145.25, 145.26, 145.27, 145.296, 145.38, 145.382, 145.383,181
145.384, 145.391, 145.47, 145.48, 145.483, 145.51, 145.52, 145.53, 182
145.54, 145.55, 145.56, 145.563, 145.57, 145.571, 145.572, 145.69,183
and 145.70 of the Revised Code.184

       (C) A PERS defined contribution plan that includes definitely185
determinable benefits may incorporate by reference all or part of186
sections 145.201 to 145.79 of the Revised Code to allow a member187
participating in the plan to purchase service credit or to be188
eligible for any of the following:189

       (1) Retirement, disability, survivor, or death benefits;190

       (2) Health or long-term care insurance or any other type of191
health care benefit;192

       (3) Additional increases under section 145.323 of the Revised193
Code;194

       (4) A refund of contributions made by or on behalf of a195
member.196

       With respect to the benefits described in division (C)(1) of197
this section, the public employees retirement board may establish198
eligibility requirements and benefit formulas or amounts that199
differ from those of members participating in the PERS defined200
benefit plan. With respect to the purchase of service credit by a201
member participating in a PERS defined contribution plan, the202
board may reduce the cost of the service credit to reflect the203
different benefit formula established for the member.204

       Sec. 145.95.  Subject to sections 145.38, 145.56, and 145.57, 205
and 145.572 of the Revised Code, the right of a member 206
participating in a PERS defined contribution plan to any payment 207
or benefit accruing from contributions made by or on behalf of the 208
member under sections 145.85 and 145.86 of the Revised Code shall 209
vest in accordance with this section.210

       A member's right to any payment or benefit that is based on211
the member's contributions is nonforfeitable.212

       A member's right to any payment or benefit that is based on213
contributions by the member's employer is nonforfeitable as214
specified by the plan selected by the member.215

       Sec. 742.41.  (A) As used in this section:216

       (1) "Other system retirant" has the same meaning as in217
section 742.26 of the Revised Code.218

       (2) "Personal history record" includes a member's, former219
member's, or other system retirant's name, address, telephone220
number, social security number, record of contributions,221
correspondence with the Ohio police and fire pension fund, status222
of any application for benefits, and any other information deemed223
confidential by the trustees of the fund.224

       (B) The treasurer of state shall furnish annually to the225
board of trustees of the fund a sworn statement of the amount of226
the funds in the treasurer of state's custody belonging to the227
Ohio police and fire pension fund. The records of the fund shall228
be open for public inspection except for the following, which229
shall be excluded, except with the written authorization of the230
individual concerned:231

       (1) The individual's personal history record;232

       (2) Any information identifying, by name and address, the233
amount of a monthly allowance or benefit paid to the individual.234

       (C) All medical reports and recommendations required are235
privileged, except that copies of such medical reports or236
recommendations shall be made available to the personal physician,237
attorney, or authorized agent of the individual concerned upon238
written release received from the individual or the individual's239
agent or, when necessary for the proper administration of the240
fund, to the board-assigned physician.241

       (D) Any person who is a member of the fund or an other system 242
retirant shall be furnished with a statement of the amount to the 243
credit of the person's individual account upon the person's244
written request. The fund need not answer more than one such245
request of a person in any one year.246

       (E) Notwithstanding the exceptions to public inspection in247
division (B) of this section, the fund may furnish the following248
information:249

       (1)(a) If a member, former member, or other system retirant 250
is subject to an order issued under section 2907.15 of the Revised251
Code or is convicted of or pleads guilty to a violation of section252
2921.41 of the Revised Code, on written request of a prosecutor as253
defined in section 2935.01 of the Revised Code, the fund shall254
furnish to the prosecutor the information requested from the255
individual's personal history record.256

       (b) If a sentencing court requests confirmation of an 257
individual's membership status in the fund pursuant to section 258
2901.43 of the Revised Code, the fund shall furnish the sentencing 259
court with the information requested from the individual's 260
personal history record.261

       (2) Pursuant to a court order issued pursuant to Chapter262
3119., 3121., 3123., or 3125. of the Revised Code, the fund shall263
furnish to a court or child support enforcement agency the264
information required under that section.265

       (3) At the request of any organization or association of266
members of the fund, the fund shall provide a list of the names267
and addresses of members of the fund and other system retirants.268
The fund shall comply with the request of such organization or269
association at least once a year and may impose a reasonable270
charge for the list.271

       (4) Within fourteen days after receiving from the director of 272
job and family services a list of the names and social security273
numbers of recipients of public assistance pursuant to section274
5101.181 of the Revised Code, the fund shall inform the auditor of275
state of the name, current or most recent employer address, and276
social security number of each member or other system retirant277
whose name and social security number are the same as that of a278
person whose name or social security number was submitted by the279
director. The fund and its employees shall, except for purposes of 280
furnishing the auditor of state with information required by this 281
section, preserve the confidentiality of recipients of public282
assistance in compliance with division (A) of section 5101.181 of283
the Revised Code.284

       (5) The fund shall comply with orders issued under section285
3105.87 of the Revised Code.286

       On the written request of an alternate payee, as defined in287
section 3105.80 of the Revised Code, the fund shall furnish to the288
alternate payee information on the amount and status of any289
amounts payable to the alternate payee under an order issued under290
section 3105.171 or 3105.65 of the Revised Code.291

       (6) At the request of any person, the fund shall make 292
available to the person copies of all documents, including 293
resumes, in the fund's possession regarding filling a vacancy of a 294
police officer employee member, firefighter employee member, 295
police retirant member, or firefighter retirant member of the 296
board of trustees. The person who made the request shall pay the 297
cost of compiling, copying, and mailing the documents. The 298
information described in this division is a public record.299

       (F) A statement that contains information obtained from the300
fund's records that is signed by the secretary of the board of301
trustees of the Ohio police and fire pension fund and to which the302
board's official seal is affixed, or copies of the fund's records303
to which the signature and seal are attached, shall be received as304
true copies of the fund's records in any court or before any305
officer of this state.306

       Sec. 742.463.  (A) As used in this section, "accumulated 307
contributions" means the amount payable to a member under division 308
(G) of section 742.37 of the Revised Code.309

       (B)(1) Except as provided in division (B)(2) of this section, 310
any payment that is to be made under a pension or other type of 311
benefit that has been granted to a person under this chapter shall 312
be subject to any forfeiture order issued pursuant to section 313
2901.43 of the Revised Code to the extent that the pension, 314
annuity, allowance, or benefit has not vested in accordance with 315
section 742.46 of the Revised Code or federal law.316

       (2) Notwithstanding any provision of this chapter, a 317
forfeiture order does not affect any of the following:318

       (a) A person's right to payment of accumulated contributions 319
standing to the person's credit under this chapter;320

       (b) Any portion of a pension or payment of accumulated 321
contributions that is subject to withholding under section 742.461 322
of the Revised Code for the purpose of an order issued under 323
section 2907.15 or 2921.41 of the Revised Code;324

       (c) Any portion of a pension or payment of accumulated 325
contributions that is subject to withholding under section 742.462 326
of the Revised Code for the purpose of an order issued under 327
section 3105.171 or 3105.65 of the Revised Code;328

       (d) Eligibility of an Ohio police and fire pension fund 329
member or the member's spouse or qualified dependents, as 330
appropriate, to receive health care coverage pursuant to section 331
742.45 of the Revised Code or long-term care insurance pursuant to 332
section 742.53 of the Revised Code;333

       (e) Payment of a survivor benefit to a member's spouse, 334
beneficiaries, or qualified dependents under section 742.37, 335
742.3711, 742.3714, or 742.3715 of the Revised Code.336

       (C) The Ohio police and fire pension fund shall comply with a 337
forfeiture order issued under division (B) of section 2901.43 of 338
the Revised Code at the following times as appropriate:339

       (1) If the offender has applied for, but is not yet receiving 340
a pension or disability benefit, as soon as practicable;341

       (2) If the offender has applied for, but has not yet received 342
a payment of accumulated contributions, as soon as practicable;343

       (3) If the offender has not applied for a pension, disability 344
benefit, or payment of accumulated contributions, on application 345
by the offender for a retirement allowance, disability benefit, or 346
payment of accumulated contributions.347

       (D) The Ohio police and fire pension fund board of trustees 348
shall adopt rules as necessary to implement this section.349

       Sec. 742.47.  Except as provided in sectionsections 742.461, 350
742.463, 3105.171, 3105.65,, and 3115.32 and Chapters 3119., 351
3121., 3123., and 3125. of the Revised Code, sums of money due or 352
to become due to any individual from the Ohio police and fire 353
pension fund are not liable to attachment, garnishment, levy, or 354
seizure under any legal or equitable process or any other process 355
of law whatsoever, whether those sums remain with the treasurer of 356
the fund or any officer or agent of the board of trustees of the 357
fund or are in the course of transmission to the individual 358
entitled to them, but shall inure wholly to the benefit of that359
individual.360

       Sec. 2901.43.  (A) As used in this section:361

       (1) "Alternative retirement plan" means an alternative 362
retirement plan provided pursuant to Chapter 3305. of the Revised 363
Code.364

       (2) "Designated offense" means a felony violation of section 365
2905.11, 2921.02, 2921.11, 2921.32, 2921.41, 2921.42, or 2923.32 366
of the Revised Code, or a felony violation of section 2923.01 or 367
2923.02 of the Revised Code based on a felony violation of section 368
2905.11, 2921.02, 2921.11, 2921.32, 2921.41, 2921.42, or 2923.32 369
of the Revised Code.370

       (3) "Pension" means the portion of a retirement allowance 371
that is derived from contributions made to a public retirement 372
system or alternative retirement plan by an employer and earnings 373
on those contributions.374

       (4) "Public employment" means service as an employee of an 375
employer that is subject to a public retirement system or an 376
alternative retirement system.377

       (5) "Public retirement system" means the public employees 378
retirement system, Ohio police and fire pension fund, state 379
teachers retirement system, school employees retirement system, 380
state highway patrol retirement system, or the city of Cincinnati 381
retirement system.382

       (B)(1) Subject to division (D) of this section, in sentencing 383
an offender for a designated offense committed on or after the 384
effective date of this section, the sentencing court shall do all 385
of the following:386

       (a) Determine whether the offender committed the designated 387
offense while engaged in the performance of duties related to 388
public employment;389

       (b) Determine whether the offender is a member of a public 390
retirement system or a participant in an alternative retirement 391
plan;392

       (c) If the offender committed the designated offense while 393
engaged in the performance of duties related to public employment 394
and is a member of a public retirement system or participant in an 395
alternative retirement plan, order, in addition to any other 396
sanction ordered for a designated offense, the forfeiture to the 397
public retirement system or alternative retirement plan of the 398
offender's right to a disability benefit or the pension portion of 399
a retirement allowance to the extent that, on the date the member 400
pleads guilty or is convicted of the offense, the benefit or 401
allowance has not vested in accordance with section 145.561, 402
742.46, 3307.42, 3309.661, or 5505.17 of the Revised Code; the 403
plan document for a PERS defined contribution plan, an STRS 404
defined contribution plan, an SERS defined contribution plan; an 405
alternative retirement plan; or federal law;406

       (d) Send a copy of the journal entry imposing the sentence on 407
the offender to the public retirement system or alternative 408
retirement plan in which the offender is a member or participant.409

       (2) For purposes of this section, a designated offense that 410
includes as an element a course of conduct or the occurrence of 411
multiple acts is considered to have been "committed on or after 412
the effective date of this section" if the course of conduct 413
continues, one or more of the multiple acts occurs, or the 414
offender's accountability for the course of conduct or for one or 415
more of the multiple acts continues on or after the effective date 416
of this section.417

       (3) For purposes of division (B)(1)(a) or (b) of this 418
section, the court may request confirmation from a public 419
retirement system or alternative retirement plan of an 420
individual's status in the system or plan in accordance with 421
section 145.27, 742.41, 3305.20, 3307.20, 3309.22, or 5505.04 of 422
the Revised Code.423

       (C) A forfeiture ordered under this section is part of, and 424
shall be included in, the sentence of the offender.425

       (D) In any case in which a sentencing court is required to 426
order forfeiture of an offender's right to the pension portion of 427
a retirement allowance, the offender may request a hearing 428
regarding the forfeiture by delivering to the court prior to 429
sentencing a written request for a hearing. If the offender 430
requests the hearing prior to sentencing, the court shall conduct 431
the hearing before sentencing. The court shall notify all of the 432
following of the hearing:433

       (1) The offender;434

       (2) The prosecutor who handled the case in which the offender 435
was convicted of or pleaded guilty to the designated offense for 436
which the forfeiture order was imposed;437

       (3) The retirement system or alternative retirement plan in 438
which the offender is a member or participant or, if the offender 439
is a member of or participant in more than one system or plan, the 440
applicable combination of these.441

       A hearing scheduled under this division shall be limited to a 442
consideration of whether there is good cause based on evidence 443
presented by the offender for the forfeiture order not to be 444
issued. If the court determines by evidence presented by the 445
offender that there is good cause for the forfeiture order not to 446
be issued, the court shall not issue the forfeiture order.447

       If the offender does not request a hearing prior to 448
sentencing or if the court conducts a hearing but does not 449
determine based on evidence presented by the offender that there 450
is good cause for the forfeiture order not to be issued, the court 451
shall order the forfeiture described in division (B) in accordance 452
with that division.453

       Sec. 3305.07.  (A) Neither the state nor a public institution 454
of higher education shall be a party to any contract purchased in 455
whole or in part with contributions to an alternative retirement 456
plan made under section 3305.06 of the Revised Code. No 457
retirement, death, or other benefits shall be payable by the state458
or by any public institution of higher education under any459
alternative retirement plan elected pursuant to this chapter.460

       (B)(1) Except as provided under division (B)(2) of this461
section and sections 3305.08 and, 3305.09, and 3305.11 of the 462
Revised Code, benefits shall be paid to an electing employee or 463
the employee's beneficiaries in accordance with the alternative 464
retirement plan adopted by the public institution of higher 465
education at which the employee is employed.466

       (2) A benefit or payment shall not be paid under an467
investment option prior to the time an electing employee dies,468
terminates employment with the public institution of higher469
education, or, if provided under the alternative retirement plan470
or investment option, becomes disabled, except that the provider471
of the investment option shall transfer the employee's account472
balance to another provider as provided under section 3305.053 of 473
the Revised Code.474

       Sec. 3305.11.  (A) As used in this section, "accumulated 475
contributions" means the amounts contributed to an alternative 476
retirement plan participant's account by the plan participant 477
pursuant to section 3305.06 of the Revised Code and any earnings 478
on those contributions.479

       (B)(1) Except as provided in division (A)(2) of this section, 480
any payment of a benefit that is to be made under an alternative 481
retirement plan that has been granted to a person under this 482
chapter shall be subject to any forfeiture order issued pursuant 483
to section 2901.43 of the Revised Code to the extent that the 484
benefit has not vested in accordance with the plan document for 485
the alternative retirement plan in which the person subject to the 486
forfeiture order is participating, or federal law.487

       (2) Notwithstanding any provision of this chapter, a 488
forfeiture order does not affect any of the following:489

       (a) A person's right to payment of accumulated contributions 490
standing to the person's credit under this chapter;491

       (b) Any portion of a benefit or payment of accumulated 492
contributions that is subject to withholding under section 3305.09 493
of the Revised Code for the purpose of an order issued under 494
section 2907.15 or 2921.41 of the Revised Code;495

       (c) Any portion of a benefit or payment of accumulated 496
contributions that is subject to withholding under section 3305.21 497
of the Revised Code for the purpose of an order issued under 498
section 3105.171 or 3105.65 of the Revised Code;499

       (d) Eligibility of a participant or the participant's spouse 500
or qualified dependents to receive health care coverage or 501
long-term care insurance if the participant's alternative 502
retirement plan provides such coverage;503

       (e) Payment of a survivor benefit to a participant's spouse, 504
beneficiaries, or qualified dependents, if the participant's 505
alternative retirement plan provides such benefits.506

       (C) The provider of an alternative retirement plan shall 507
comply with a forfeiture order issued under division (B) of 508
section 2901.43 of the Revised Code at the following times as 509
appropriate:510

       (1) If the offender has applied for, but is not yet receiving 511
a benefit, as soon as practicable;512

       (2) If the offender has applied for, but has not yet received 513
a payment of accumulated contributions, as soon as practicable;514

       (3) If the offender has not applied for a benefit or payment 515
of accumulated contributions, on application by the offender for a 516
retirement allowance, disability benefit, or lump sum payment.517

       Sec. 3305.20.  As used in this section, "personal history518
record" means information maintained by the entity providing an519
alternative retirement plan on an individual who participates in520
the plan that includes the address, telephone number, social521
security number, record of contributions, correspondence with the522
plan, or other information the entity providing the plan523
determines to be confidential.524

       The entity shall comply with orders issued under section525
3105.87 of the Revised Code requiring it to provide information526
from a participant's personal history record.527

       On the written request of an alternate payee, as defined in528
section 3105.80 of the Revised Code, the entity providing the529
alternative retirement plan shall furnish to the alternate payee530
information on the amount and status of any amounts payable to the531
alternate payee under an order issued under section 3105.171 or532
3105.65 of the Revised Code.533

       If a sentencing court requests confirmation of an 534
individual's status in an alternative retirement plan pursuant to 535
section 2901.43 of the Revised Code, the entity providing the 536
alternative retirement plan shall furnish the sentencing court 537
with the information requested from the individual's personal 538
history record.539

       Sec. 3307.20.  (A) As used in this section:540

       (1) "Personal history record" means information maintained by 541
the state teachers retirement board on an individual who is a542
member, former member, contributor, former contributor, retirant,543
or beneficiary that includes the address, telephone number, social544
security number, record of contributions, correspondence with the545
state teachers retirement system, or other information the board546
determines to be confidential.547

       (2) "Retirant" has the same meaning as in section 3307.50 of548
the Revised Code.549

       (B) The records of the board shall be open to public550
inspection, except for the following, which shall be excluded,551
except with the written authorization of the individual concerned:552

       (1) The individual's personal records provided for in section 553
3307.23 of the Revised Code;554

       (2) The individual's personal history record;555

       (3) Any information identifying, by name and address, the556
amount of a monthly allowance or benefit paid to the individual.557

       (C) All medical reports and recommendations under sections558
3307.62, 3307.64, and 3307.66 of the Revised Code are privileged,559
except that copies of such medical reports or recommendations560
shall be made available to the personal physician, attorney, or561
authorized agent of the individual concerned upon written release562
received from the individual or the individual's agent, or, when563
necessary for the proper administration of the fund, to the board564
assigned physician.565

       (D) Any person who is a member or contributor of the system566
shall be furnished, on written request, with a statement of the567
amount to the credit of the person's account. The board need not568
answer more than one request of a person in any one year.569

       (E) Notwithstanding the exceptions to public inspection in570
division (B) of this section, the board may furnish the following571
information:572

       (1)(a) If a member, former member, retirant, contributor, or573
former contributor is subject to an order issued under section574
2907.15 of the Revised Code or is convicted of or pleads guilty to575
a violation of section 2921.41 of the Revised Code, on written576
request of a prosecutor as defined in section 2935.01 of the577
Revised Code, the board shall furnish to the prosecutor the578
information requested from the individual's personal history579
record.580

       (b) If a sentencing court requests confirmation of an 581
individual's membership status in the retirement system pursuant 582
to section 2901.43 of the Revised Code, the retirement system 583
shall furnish the sentencing court with the information requested 584
from the individual's personal history record.585

       (2) Pursuant to a court or administrative order issued under586
section 3119.80, 3119.81, 3121.02, 3121.03, or 3123.06 of the587
Revised Code, the board shall furnish to a court or child support588
enforcement agency the information required under that section.589

       (3) At the written request of any person, the board shall590
provide to the person a list of the names and addresses of591
members, former members, retirants, contributors, former592
contributors, or beneficiaries. The costs of compiling, copying,593
and mailing the list shall be paid by such person.594

       (4) Within fourteen days after receiving from the director of 595
job and family services a list of the names and social security596
numbers of recipients of public assistance pursuant to section597
5101.181 of the Revised Code, the board shall inform the auditor598
of state of the name, current or most recent employer address, and599
social security number of each member whose name and social600
security number are the same as that of a person whose name or601
social security number was submitted by the director. The board602
and its employees shall, except for purposes of furnishing the603
auditor of state with information required by this section,604
preserve the confidentiality of recipients of public assistance in605
compliance with division (A) of section 5101.181 of the Revised606
Code.607

       (5) The system shall comply with orders issued under section608
3105.87 of the Revised Code.609

       On the written request of an alternate payee, as defined in610
section 3105.80 of the Revised Code, the system shall furnish to611
the alternate payee information on the amount and status of any612
amounts payable to the alternate payee under an order issued under613
section 3105.171 or 3105.65 of the Revised Code.614

       (6) At the request of any person, the board shall make 615
available to the person copies of all documents, including 616
resumes, in the board's possession regarding filling a vacancy of 617
a contributing member or retired teacher member of the board. The 618
person who made the request shall pay the cost of compiling, 619
copying, and mailing the documents. The information described in 620
this division is a public record.621

       (F) A statement that contains information obtained from the622
system's records that is signed by an officer of the retirement623
system and to which the system's official seal is affixed, or624
copies of the system's records to which the signature and seal are625
attached, shall be received as true copies of the system's records626
in any court or before any officer of this state.627

       Sec. 3307.372.  (A) As used in this section, "accumulated 628
contributions" has the same meaning as in section 3307.50 of the 629
Revised Code, but also includes employee contributions made under 630
section 3307.26 of the Revised Code to participate in a plan 631
established under section 3307.81 of the Revised Code and any 632
earnings on those contributions.633

       (B)(1) Except as provided in division (B)(2) of this section, 634
any payment that is to be made under a pension, annuity, 635
allowance, or other type of benefit that has been granted to a 636
person under this chapter shall be subject to any forfeiture order 637
issued pursuant to section 2901.43 of the Revised Code to the 638
extent that the pension, annuity, allowance, or benefit has not 639
vested in accordance with section 3307.42 of the Revised Code, the 640
plan document for an STRS defined contribution plan, or federal 641
law.642

       (2) Notwithstanding any provision of this chapter, a 643
forfeiture order does not affect any of the following:644

       (a) A person's right to payment of accumulated contributions 645
standing to the person's credit under this chapter;646

       (b) Any portion of a retirement allowance or payment of 647
accumulated contributions that is subject to withholding under 648
section 3307.37 of the Revised Code for the purpose of an order 649
issued under section 2907.15 or 2921.41 of the Revised Code;650

       (c) Any portion of a retirement allowance or payment of 651
accumulated contributions that is subject to withholding under 652
section 3307.371 of the Revised Code for the purpose of an order 653
issued under section 3105.171 or 3105.65 of the Revised Code;654

       (d) Eligibility of a state teachers retirement system member 655
or the member's spouse or qualified dependents, as appropriate, to 656
receive health care coverage pursuant to section 3307.39 or 657
3307.61 of the Revised Code or long-term care insurance pursuant 658
to section 3307.391 of the Revised Code;659

       (e) Payment of a survivor benefit to a member's spouse, 660
beneficiaries, or qualified dependents under section 3307.60, 661
3307.66, 3307.661, or 3307.87 of the Revised Code.662

       (C) The state teachers retirement system shall comply with a 663
forfeiture order issued under division (B) of section 2901.43 of 664
the Revised Code at the following times as appropriate:665

       (1) If the offender has applied for, but is not yet receiving 666
a retirement allowance or disability benefit, as soon as 667
practicable;668

       (2) If the offender has applied for, but has not yet received 669
a payment of accumulated contributions, as soon as practicable;670

       (3) If the offender has not applied for a retirement 671
allowance, disability benefit, or payment of accumulated 672
contributions, on application by the offender for a retirement 673
allowance, disability benefit, or payment of accumulated 674
contributions.675

       (D) The state teachers retirement board shall adopt rules as 676
necessary to implement this section.677

       Sec. 3307.41.  The right of an individual to a pension, an678
annuity, or a retirement allowance itself, the right of an679
individual to any optional benefit, or any other right or benefit680
accrued or accruing to any individual under this chapter, the681
various funds created by section 3307.14 of the Revised Code, and682
all moneys, investments, and income from moneys or investments are 683
exempt from any state tax, except the tax imposed by section684
5747.02 of the Revised Code, and are exempt from any county,685
municipal, or other local tax, except taxes imposed pursuant to686
section 5748.02 or 5748.08 of the Revised Code, and, except as687
provided in sections 3105.171, 3105.65, 3115.32, 3119.80, 3119.81, 688
3121.02, 3121.03, 3123.06, and 3307.37, and 3307.372 of the 689
Revised Code, shall not be subject to execution, garnishment, 690
attachment, the operation of bankruptcy or insolvency laws, or any 691
other process of law whatsoever, and shall be unassignable except692
as specifically provided in this chapter or sections 3105.171,693
3105.65,,, and 3115.32, 3119.80, 3119.81, 3121.02, 3121.03, and694
3123.06 of the Revised Code.695

       Sec. 3309.22.  (A)(1) As used in this division, "personal696
history record" means information maintained by the board on an697
individual who is a member, former member, contributor, former698
contributor, retirant, or beneficiary that includes the address,699
telephone number, social security number, record of contributions,700
correspondence with the system, and other information the board701
determines to be confidential.702

       (2) The records of the board shall be open to public703
inspection, except for the following, which shall be excluded,704
except with the written authorization of the individual concerned:705

       (a) The individual's statement of previous service and other706
information as provided for in section 3309.28 of the Revised707
Code;708

       (b) Any information identifying by name and address the709
amount of a monthly allowance or benefit paid to the individual;710

       (c) The individual's personal history record.711

       (B) All medical reports and recommendations required by the712
system are privileged except that copies of such medical reports713
or recommendations shall be made available to the personal714
physician, attorney, or authorized agent of the individual715
concerned upon written release received from the individual or the716
individual's agent, or when necessary for the proper717
administration of the fund, to the board assigned physician.718

       (C) Any person who is a contributor of the system shall be719
furnished, on written request, with a statement of the amount to720
the credit of the person's account. The board need not answer more 721
than one such request of a person in any one year.722

       (D) Notwithstanding the exceptions to public inspection in723
division (A)(2) of this section, the board may furnish the724
following information:725

       (1)(a) If a member, former member, contributor, former726
contributor, or retirant is subject to an order issued under727
section 2907.15 of the Revised Code or is convicted of or pleads728
guilty to a violation of section 2921.41 of the Revised Code, on729
written request of a prosecutor as defined in section 2935.01 of730
the Revised Code, the board shall furnish to the prosecutor the731
information requested from the individual's personal history732
record.733

       (b) If a sentencing court requests confirmation of an 734
individual's membership status in the retirement system pursuant 735
to section 2901.43 of the Revised Code, the retirement system 736
shall furnish the sentencing court with the information requested 737
from the individual's personal history record.738

       (2) Pursuant to a court or administrative order issued under739
section 3119.80, 3119.81, 3121.02, 3121.03, or 3123.06 of the740
Revised Code, the board shall furnish to a court or child support741
enforcement agency the information required under that section.742

       (3) At the written request of any person, the board shall743
provide to the person a list of the names and addresses of744
members, former members, retirants, contributors, former745
contributors, or beneficiaries. The costs of compiling, copying,746
and mailing the list shall be paid by such person.747

       (4) Within fourteen days after receiving from the director of 748
job and family services a list of the names and social security749
numbers of recipients of public assistance pursuant to section750
5101.181 of the Revised Code, the board shall inform the auditor751
of state of the name, current or most recent employer address, and752
social security number of each contributor whose name and social753
security number are the same as that of a person whose name or754
social security number was submitted by the director. The board755
and its employees shall, except for purposes of furnishing the756
auditor of state with information required by this section,757
preserve the confidentiality of recipients of public assistance in758
compliance with division (A) of section 5101.181 of the Revised759
Code.760

       (5) The system shall comply with orders issued under section761
3105.87 of the Revised Code.762

       On the written request of an alternate payee, as defined in763
section 3105.80 of the Revised Code, the system shall furnish to764
the alternate payee information on the amount and status of any765
amounts payable to the alternate payee under an order issued under766
section 3105.171 or 3105.65 of the Revised Code.767

       (6) At the request of any person, the board shall make 768
available to the person copies of all documents, including 769
resumes, in the board's possession regarding filling a vacancy of 770
an employee member or retirant member of the board. The person who 771
made the request shall pay the cost of compiling, copying, and 772
mailing the documents. The information described in this division 773
is a public record.774

       (E) A statement that contains information obtained from the775
system's records that is signed by an officer of the retirement776
system and to which the system's official seal is affixed, or777
copies of the system's records to which the signature and seal are778
attached, shall be received as true copies of the system's records779
in any court or before any officer of this state.780

       Sec. 3309.66.  The right of an individual to a pension, an781
annuity, or a retirement allowance itself, the right of an782
individual to any optional benefit, any other right accrued or783
accruing to any individual under this chapter, the various funds784
created by section 3309.60 of the Revised Code, and all moneys,785
investments, and income from moneys and investments are exempt786
from any state tax, except the tax imposed by section 5747.02 of787
the Revised Code, and are exempt from any county, municipal, or788
other local tax, except taxes imposed pursuant to section 5748.02789
or 5748.08 of the Revised Code, and, except as provided in790
sections 3105.171, 3105.65, 3115.32, 3119.80, 3119.81, 3121.02,791
3121.03, 3123.06, and 3309.67, and 3309.672 of the Revised Code, 792
shall not be subject to execution, garnishment, attachment, the793
operation of bankruptcy or insolvency laws, or any other process794
of law whatsoever, and shall be unassignable except as795
specifically provided in this chapter or and in sections and796
3105.171, 3105.65, 3115.32, 3119.80, 3119.81, 3121.02, 3121.03,797
and 3123.06 of the Revised Code.798

       Sec. 3309.672.  (A) As used in this section, "accumulated 799
contributions" has the same meaning as in section 3309.01 of the 800
Revised Code, but also includes employee contributions made under 801
section 3309.85 of the Revised Code and any earnings on those 802
contributions.803

       (B)(1) Except as provided in division (B)(2) of this section, 804
any payment that is to be made under a pension, annuity, 805
allowance, or other type of benefit that has been granted to a 806
person under this chapter shall be subject to any forfeiture order 807
issued pursuant to section 2901.43 of the Revised Code to the 808
extent that the pension, annuity, allowance, or benefit has not 809
vested in accordance with section 3309.661 of the Revised Code, 810
the plan document for an SERS defined contribution plan, or 811
federal law.812

       (2) Notwithstanding any provision of this chapter, a 813
forfeiture order does not affect any of the following:814

       (a) A person's right to payment of accumulated contributions 815
standing to the person's credit under this chapter;816

       (b) Any portion of a retirement allowance or payment of 817
accumulated contributions that is subject to withholding under 818
section 3309.67 of the Revised Code for the purpose of an order 819
issued under section 2907.15 or 2921.41 of the Revised Code;820

       (c) Any portion of a retirement allowance or payment of 821
accumulated contributions that is subject to withholding under 822
section 3309.671 of the Revised Code for the purpose of an order 823
issued under section 3105.171 or 3105.65 of the Revised Code;824

       (d) Eligibility of a school employees retirement system 825
member or the member's spouse or qualified dependents, as 826
appropriate, to receive hospital insurance coverage pursuant to 827
section 3309.375 of the Revised Code, health care coverage 828
pursuant to section 3309.69 of the Revised Code, or long-term care 829
insurance pursuant to section 3309.691 of the Revised Code;830

       (e) Payment of a survivor benefit to a member's spouse, 831
beneficiaries, or qualified dependents under section 3309.44, 832
3309.45, 3309.46, or 3309.92 of the Revised Code.833

       (C) The school employees retirement system shall comply with 834
a forfeiture order issued under division (B) of section 2901.43 of 835
the Revised Code at the following times as appropriate:836

       (1) If the offender has applied for, but is not yet receiving 837
a retirement allowance or disability benefit, as soon as 838
practicable;839

       (2) If the offender has applied for, but has not yet received 840
a payment of accumulated contributions, as soon as practicable;841

       (3) If the offender has not applied for a retirement 842
allowance, disability benefit, or payment of accumulated 843
contributions, on application by the offender for a retirement 844
allowance, disability benefit, or payment of accumulated 845
contributions.846

       (D) The school employees retirement board shall adopt rules 847
as necessary to implement this section.848

       Sec. 3309.82.  (A) Except as provided in division (B) of this849
section, sections 3309.02, 3309.021, and 3309.022 and sections 850
3309.18 to 3309.70 of the Revised Code do not apply to a plan 851
established under section 3309.81 of the Revised Code, except that 852
a plan may incorporate provisions of those sections as specified 853
in the plan document.854

       (B) The following sections of Chapter 3309. of the Revised855
Code apply to a plan established under section 3309.81 of the856
Revised Code: sections 3309.19, 3309.21, 3309.22, 3309.23,857
3309.24, 3309.25, 3309.251, 3309.252, 3309.253, 3309.28, 3309.29,858
3309.341, 3309.3712, 3309.47, 3309.471, 3309.49, 3309.51, 3309.53,859
3309.54, 3309.55, 3309.56, 3309.57, 3309.571, 3309.58, 3309.59,860
3309.60, 3309.61, 3309.62, 3309.66, 3309.661, 3309.67, 3309.672,861
3309.68, and 3309.70 of the Revised Code.862

       Sec. 3309.95.  Subject to sections 3309.341, 3309.66, and863
3309.67, and 3309.672 of the Revised Code, the right of a member 864
participating in a plan established under section 3309.81 of the 865
Revised Code to any payment or benefit accruing from contributions 866
made by or on behalf of the member under sections 3309.85 and 867
3309.86 of the Revised Code shall vest in accordance with this 868
section.869

       A member's right to any payment or benefit that is based on870
the member's contributions is nonforfeitable.871

       A member's right to any payment or benefit that is based on872
contributions by the member's employer is nonforfeitable as873
specified by the plan selected by the member.874

       Sec. 5505.04.  (A)(1) The general administration and875
management of the state highway patrol retirement system and the876
making effective of this chapter are hereby vested in the state877
highway patrol retirement board. The board may sue and be sued,878
plead and be impleaded, contract and be contracted with, and do879
all things necessary to carry out this chapter.880

       The board shall consist of the following members:881

       (a) The superintendent of the state highway patrol;882

       (b) Two retirant members who reside in this state;883

       (c) Five employee-members;884

       (d) One member, known as the treasurer of state's investment 885
designee, who shall be appointed by the treasurer of state for a 886
term of four years and who shall have the following 887
qualifications:888

       (i) The member is a resident of this state.889

       (ii) Within the three years immediately preceding the 890
appointment, the member has not been employed by the public 891
employees retirement system, police and fire pension fund, state 892
teachers retirement system, school employees retirement system, or 893
state highway patrol retirement system or by any person, 894
partnership, or corporation that has provided to one of those 895
retirement systems services of a financial or investment nature, 896
including the management, analysis, supervision, or investment of 897
assets.898

       (iii) The member has direct experience in the management, 899
analysis, supervision, or investment of assets.900

       (iv) The member is not currently employed by the state or a 901
political subdivision of the state.902

        (e) Two investment expert members, who shall be appointed to 903
four-year terms. One investment expert member shall be appointed 904
by the governor, and one investment expert member shall be jointly 905
appointed by the speaker of the house of representatives and the 906
president of the senate. Each investment expert member shall have 907
the following qualifications:908

       (i) Each investment expert member shall be a resident of this 909
state.910

       (ii) Within the three years immediately preceding the 911
appointment, each investment expert member shall not have been 912
employed by the public employees retirement system, police and 913
fire pension fund, state teachers retirement system, school 914
employees retirement system, or state highway patrol retirement 915
system or by any person, partnership, or corporation that has 916
provided to one of those retirement systems services of a 917
financial or investment nature, including the management, 918
analysis, supervision, or investment of assets.919

       (iii) Each investment expert member shall have direct 920
experience in the management, analysis, supervision, or investment 921
of assets.922

       (2) The board shall annually elect a chairperson and923
vice-chairperson from among its members. The vice-chairperson924
shall act as chairperson in the absence of the chairperson. A925
majority of the members of the board shall constitute a quorum and926
any action taken shall be approved by a majority of the members of 927
the board. The board shall meet not less than once each year, upon 928
sufficient notice to the members. All meetings of the board shall 929
be open to the public except executive sessions as set forth in 930
division (G) of section 121.22 of the Revised Code, and any 931
portions of any sessions discussing medical records or the degree 932
of disability of a member excluded from public inspection by this 933
section.934

       (3) Any investment expert member appointed to fill a vacancy 935
occurring prior to the expiration of the term for which the 936
member's predecessor was appointed holds office until the end of 937
such term. The member continues in office subsequent to the 938
expiration date of the member's term until the member's successor 939
takes office, or until a period of sixty days has elapsed, 940
whichever occurs first.941

       (B) The attorney general shall prescribe procedures for the942
adoption of rules authorized under this chapter, consistent with943
the provision of section 111.15 of the Revised Code under which944
all rules shall be filed in order to be effective. Such procedures 945
shall establish methods by which notice of proposed rules are 946
given to interested parties and rules adopted by the board 947
published and otherwise made available. When it files a rule with 948
the joint committee on agency rule review pursuant to section 949
111.15 of the Revised Code, the board shall submit to the Ohio 950
retirement study council a copy of the full text of the rule, and 951
if applicable, a copy of the rule summary and fiscal analysis952
required by division (B) of section 127.18 of the Revised Code.953

       (C)(1) As used in this division, "personal history record"954
means information maintained by the board on an individual who is955
a member, former member, retirant, or beneficiary that includes956
the address, telephone number, social security number, record of957
contributions, correspondence with the system, and other958
information the board determines to be confidential.959

       (2) The records of the board shall be open to public960
inspection, except for the following which shall be excluded: the961
member's, former member's, retirant's, or beneficiary's personal962
history record and the amount of a monthly allowance or benefit963
paid to a retirant, beneficiary, or survivor, except with the964
written authorization of the individual concerned. All medical965
reports and recommendations are privileged except that copies of966
such medical reports or recommendations shall be made available to967
the individual's personal physician, attorney, or authorized agent968
upon written release received from such individual or such969
individual's agent, or when necessary for the proper970
administration of the fund to the board-assigned physician.971

       (D) Notwithstanding the exceptions to public inspection in972
division (C)(2) of this section, the board may furnish the973
following information:974

       (1) If a member, former member, or retirant is subject to an975
order issued under section 2907.15 of the Revised Code or is976
convicted of or pleads guilty to a violation of section 2921.41 of977
the Revised Code, on written request of a prosecutor as defined in978
section 2935.01 of the Revised Code, the board shall furnish to979
the prosecutor the information requested from the individual's980
personal history record.981

       (2) Pursuant to a court order issued under Chapters 3119.,982
3121., and 3123. of the Revised Code, the board shall furnish to a983
court or child support enforcement agency the information required984
under those chapters.985

       (3) At the written request of any nonprofit organization or986
association providing services to retirement system members,987
retirants, or beneficiaries, the board shall provide to the988
organization or association a list of the names and addresses of989
members, former members, retirants, or beneficiaries if the990
organization or association agrees to use such information solely991
in accordance with its stated purpose of providing services to992
such individuals and not for the benefit of other persons,993
organizations, or associations. The costs of compiling, copying,994
and mailing the list shall be paid by such entity.995

       (4) Within fourteen days after receiving from the director of 996
job and family services a list of the names and social security997
numbers of recipients of public assistance pursuant to section998
5101.181 of the Revised Code, the board shall inform the auditor999
of state of the name, current or most recent employer address, and1000
social security number of each member whose name and social1001
security number are the same as those of a person whose name or1002
social security number was submitted by the director. The board1003
and its employees, except for purposes of furnishing the auditor1004
of state with information required by this section, shall preserve1005
the confidentiality of recipients of public assistance in1006
compliance with division (A) of section 5101.181 of the Revised1007
Code.1008

       (5) The system shall comply with orders issued under section1009
3105.87 of the Revised Code.1010

       (a) On the written request of an alternate payee, as defined 1011
in section 3105.80 of the Revised Code, the system shall furnish 1012
to the alternate payee information on the amount and status of any1013
amounts payable to the alternate payee under an order issued under1014
section 3105.171 or 3105.65 of the Revised Code.1015

       (b) If a sentencing court requests confirmation of an 1016
individual's membership status in the retirement system pursuant 1017
to section 2901.43 of the Revised Code, the retirement system 1018
shall furnish the sentencing court with the information requested 1019
from the individual's personal history record.1020

       (6) At the request of any person, the board shall make 1021
available to the person copies of all documents, including 1022
resumes, in the board's possession regarding filling a vacancy of 1023
an employee member or retirant member of the board. The person who 1024
made the request shall pay the cost of compiling, copying, and 1025
mailing the documents. The information described in this division 1026
is a public record.1027

       (E) A statement that contains information obtained from the1028
system's records that is certified and signed by an officer of the1029
retirement system and to which the system's official seal is1030
affixed, or copies of the system's records to which the signature1031
and seal are attached, shall be received as true copies of the1032
system's records in any court or before any officer of this state.1033

       Sec. 5505.22.  The right of any individual to a pension, or1034
to the return of accumulated contributions, payable as provided1035
under this chapter, and all moneys and investments of the state1036
highway patrol retirement system and income from moneys or1037
investments are exempt from any state tax, except the tax imposed1038
by section 5747.02 of the Revised Code, and are exempt from any1039
county, municipal, or other local tax, except taxes imposed1040
pursuant to section 5748.02 or 5748.08 of the Revised Code, and,1041
except as provided in sections 3105.171, 3105.65, 3115.32,1042
3119.80, 3119.81, 3121.02, 3121.03, 3123.06, and 5505.26, and 1043
5505.262 of the Revised Code, shall not be subject to execution, 1044
garnishment, attachment, the operation of bankruptcy or insolvency 1045
laws, or any other process of law whatsoever, and shall be 1046
unassignable except as specifically provided in this chapter.1047

       Sec. 5505.262.  (A)(1) Except as provided in division (A)(2) 1048
of this section, any payment that is to be made under a pension, 1049
annuity, allowance, or other type of benefit that has been granted 1050
to a person under this chapter shall be subject to any forfeiture 1051
order issued pursuant to section 2901.43 of the Revised Code to 1052
the extent that the pension, annuity, allowance, or benefit has 1053
not vested in accordance with section 5505.17 of the Revised Code 1054
or federal law.1055

       (2) Notwithstanding any provision of this chapter, a 1056
forfeiture order does not affect any of the following:1057

       (a) A person's right to payment of accumulated contributions 1058
standing to the person's credit under this chapter;1059

       (b) Any portion of a retirement allowance or payment of 1060
accumulated contributions that is subject to withholding under 1061
section 5505.26 of the Revised Code for the purpose of an order 1062
issued under section 2907.15 or 2921.41 of the Revised Code;1063

       (c) Any portion of a retirement allowance or payment of 1064
accumulated contributions that is subject to withholding under 1065
section 5505.261 of the Revised Code for the purpose of an order 1066
issued under section 3105.171 or 3105.65 of the Revised Code;1067

       (d) Eligibility of a state highway patrol retirement system 1068
member or the member's spouse or qualified dependents, as 1069
appropriate, to receive health care coverage pursuant to section 1070
5505.28 of the Revised Code, benefits or proceeds from an account 1071
established under section 5505.281 of the Revised Code, or 1072
long-term care insurance pursuant to section 5505.33 of the 1073
Revised Code;1074

       (e) Payment of a survivor benefit to a member's spouse, 1075
beneficiaries, or qualified dependents under section 5505.162, 1076
5505.163, or 5505.174 of the Revised Code.1077

       (B) The state highway patrol retirement system shall comply 1078
with a forfeiture order issued under division (B) of section 1079
2901.43 of the Revised Code at the following times as appropriate:1080

       (1) If the offender has applied for, but is not yet receiving 1081
a retirement allowance or disability benefit, as soon as 1082
practicable;1083

       (2) If the offender has applied for, but has not yet received 1084
a payment of accumulated contributions, as soon as practicable;1085

       (3) If the offender has not applied for a retirement 1086
allowance, disability benefit, or payment of accumulated 1087
contributions, on application by the offender for a retirement 1088
allowance, disability benefit, or payment of accumulated 1089
contributions.1090

       (C) The state highway patrol retirement board shall adopt 1091
rules as necessary to implement this section.1092

       Section 2.  That existing sections 145.27, 145.56, 145.82, 1093
145.95, 742.41, 742.47, 3305.07, 3305.20, 3307.20, 3307.41, 1094
3309.22, 3309.66, 3309.82, 3309.95, 5505.04, and 5505.22 of the 1095
Revised Code are hereby repealed.1096

       Section 3. The General Assembly, applying the principle 1097
stated in division (B) of section 1.52 of the Revised Code that 1098
amendments are to be harmonized if reasonably capable of 1099
simultaneous operation, finds that the following sections, 1100
presented in this act as composites of the sections as amended by 1101
the acts indicated, are the resulting versions of the sections in 1102
effect prior to the effective date of the sections as presented in 1103
this act:1104

       Section 742.47 of the Revised Code as amended by both Sub. 1105
H.B. 535 and Am. Sub. S.B. 180 of the 123rd General Assembly.1106

       Section 3307.41 of the Revised Code as amended by both Sub. 1107
H.B. 535 and Am. Sub. S.B. 180 of the 123rd General Assembly.1108

       Section 3309.66 of the Revised Code as amended by Sub. H.B. 1109
535, Am. Sub. S.B. 180, and Sub. S.B. 270 of the 123rd General 1110
Assembly.1111

       Section 5505.22 of the Revised Code as amended by both Sub. 1112
H.B. 535 and Am. Sub. S.B. 180 of the 123rd General Assembly.1113