As Introduced

127th General Assembly
Regular Session
2007-2008
S. B. No. 3


Senator Faber 

Cosponsors: Senators Schaffer, Stivers, Jacobson, Carey, Grendell, Schuring 


A BILL
To amend sections 145.56, 145.95, 742.47, 2967.16, 1
2967.17, 3307.41, 3309.66, 3309.95, and 5505.22 2
and to enact sections 145.572, 742.463, 2907.151, 3
3307.372, 3309.672, and 5505.262 of the Revised 4
Code to provide that the privilege of holding a 5
position of honor, trust, or profit that is 6
forfeited by reason of conviction of a felony is 7
not restored on completion of a prison term, 8
period of community control sanctions or pardon or 9
release by the Adult Parole Authority and to 10
provide that the office holder will forfeit the 11
portion of any state retirement benefit that is 12
based on employer contributions.13


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

       Section 1. That sections 145.56, 145.95, 742.47, 2967.16, 14
2967.17, 3307.41, 3309.66, 3309.95, and 5505.22 be amended and 15
sections 145.572, 742.463, 2907.151, 3307.372, 3309.672, and 16
5505.262 of the Revised Code be enacted to read as follows:17

       Sec. 145.56.  The right of an individual to a pension, an18
annuity, or a retirement allowance itself, the right of an19
individual to any optional benefit, any other right accrued or20
accruing to any individual, under this chapter, or under any21
municipal retirement system established subject to this chapter22
under the laws of this state or any charter, the various funds23
created by this chapter, or under such municipal retirement24
system, and all moneys, investments, and income from moneys or25
investments are exempt from any state tax, except the tax imposed26
by section 5747.02 of the Revised Code and are exempt from any27
county, municipal, or other local tax, except taxes imposed28
pursuant to section 5748.02 or 5748.08 of the Revised Code and,29
except as provided in sections 145.57, 145.572, 3105.171, 3105.65,30
and 3115.32 and Chapters 3119., 3121., 3123., and 3125. of the31
Revised Code, shall not be subject to execution, garnishment,32
attachment, the operation of bankruptcy or insolvency laws, or33
other process of law whatsoever, and shall be unassignable except34
as specifically provided in this chapter and sections 3105.171,35
3105.65, and 3115.32 and Chapters 3119., 3121., 3123., and 3125.36
of the Revised Code.37

       Sec. 145.572. (A) As used in this section:38

       (1) "Position of honor, trust, or profit" has the same 39
meaning as in section 2967.16 of the Revised Code.40

       (2) "Accumulated contributions" has the same meaning as in 41
section 145.01 of the Revised Code, but also includes employee 42
contributions made under section 145.85 of the Revised Code and 43
any earnings on those contributions.44

        (B) A public employees retirement system member who pleads 45
guilty to or is convicted of a felony under the laws of any 46
jurisdiction committed while serving in a position of honor, 47
trust, or profit shall forfeit to the public employees retirement 48
system the right to a retirement allowance or disability benefit 49
or any other right or benefit under this chapter earned by reason 50
of being a member of the retirement system other than the member's 51
accumulated contributions. In the case of a member subject to 52
withholding under section 145.57 of the Revised Code for the 53
purpose of restitution, forfeiture shall commence immediately 54
following the completion of restitution.55

        (C) If the public employees retirement board receives notice 56
pursuant to section 2907.151 of the Revised Code or has knowledge 57
that a member is charged with a felony committed while serving in 58
a position of honor, trust, or profit, the board shall make no 59
payment of any allowance, benefit, or accumulated contributions 60
under this chapter prior to the final disposition of the felony 61
charge. Payments suspended under this division shall not resume 62
unless the charge is dismissed or the member is found not guilty 63
or not guilty by reason of insanity.64

       Sec. 145.95.  Subject to sections 145.38, 145.56, and 145.57, 65
and 145.572 of the Revised Code, the right of a member 66
participating in a PERS defined contribution plan to any payment 67
or benefit accruing from contributions made by or on behalf of the 68
member under sections 145.85 and 145.86 of the Revised Code shall 69
vest in accordance with this section.70

       A member's right to any payment or benefit that is based on71
the member's contributions is nonforfeitable.72

       A member's right to any payment or benefit that is based on73
contributions by the member's employer is nonforfeitable as74
specified by the plan selected by the member.75

       Sec. 742.463. (A) As used in this section:76

       (1) "Position of honor, trust, or profit" has the same 77
meaning as in section 2967.16 of the Revised Code.78

       (2) "Accumulated contributions" means the amount payable to a 79
member under division (G) of section 742.37 of the Revised Code.80

        (B) An Ohio police and fire pension fund member who pleads 81
guilty to or is convicted of a felony under the laws of any 82
jurisdiction committed while serving in a position of honor, 83
trust, or profit shall forfeit to the Ohio police and fire pension 84
fund the right to a pension or disability benefit or any other 85
right or benefit under this chapter earned by reason of being a 86
member of the fund other than the member's accumulated 87
contributions. In the case of a member subject to withholding 88
under section 742.461 of the Revised Code for the purpose of 89
restitution, forfeiture shall commence immediately following the 90
completion of restitution.91

        (C) If the Ohio police and fire pension fund board receives 92
notice pursuant to section 2907.151 of the Revised Code or has 93
knowledge that a member is charged with a felony committed while 94
serving in a position of honor, trust, or profit, the board shall 95
make no payment of any pension, benefit, or accumulated 96
contributions under this chapter prior to the final disposition of 97
the felony charge. Payments suspended under this division shall 98
not resume unless the charge is dismissed or the member is found 99
not guilty or not guilty by reason of insanity.100

       Sec. 742.47.  Except as provided in sectionsections 742.461, 101
742.463, 3105.171, 3105.65,, and 3115.32 and Chapters 3119., 102
3121., 3123., and 3125. of the Revised Code, sums of money due or 103
to become due to any individual from the Ohio police and fire 104
pension fund are not liable to attachment, garnishment, levy, or 105
seizure under any legal or equitable process or any other process 106
of law whatsoever, whether those sums remain with the treasurer of 107
the fund or any officer or agent of the board of trustees of the 108
fund or are in the course of transmission to the individual 109
entitled to them, but shall inure wholly to the benefit of that110
individual.111

       Sec. 2907.151. "Public retirement system" and "prosecutor" 112
have the same meaning as in section 2907.15 of the Revised Code.113

        "Position of honor, trust, or profit" has the same meaning as 114
in section 2967.16 of the Revised Code.115

        If the prosecutor of a felony case has knowledge that the 116
person charged holds a position of honor, trust, or profit, the 117
prosecutor shall notify the board of any public retirement system 118
of which the person is a member.119

        The notice shall be made on a form prescribed and provided by 120
the applicable public retirement system board. The report shall 121
include the name and address of the person charged, the charge, 122
and the certified court documents recording the action. 123

       Sec. 2967.16.  (A) Except as provided in division (D) of this 124
section, when a paroled prisoner has faithfully performed the125
conditions and obligations of the paroled prisoner's parole and126
has obeyed the rules and regulations adopted by the adult parole127
authority that apply to the paroled prisoner, the authority upon128
the recommendation of the superintendent of parole supervision may129
enter upon its minutes a final release and thereupon shall issue130
to the paroled prisoner a certificate of final release, but the131
authority shall not grant a final release earlier than one year132
after the paroled prisoner is released from the institution on133
parole, and, in the case of a paroled prisoner whose minimum134
sentence is life imprisonment, the authority shall not grant a135
final release earlier than five years after the paroled prisoner136
is released from the institution on parole.137

       (B)(1) When a prisoner who has been released under a period138
of post-release control pursuant to section 2967.28 of the Revised139
Code has faithfully performed the conditions and obligations of140
the released prisoner's post-release control sanctions and has141
obeyed the rules and regulations adopted by the adult parole142
authority that apply to the released prisoner or has the period of143
post-release control terminated by a court pursuant to section144
2929.141 of the Revised Code, the authority, upon the145
recommendation of the superintendent of parole supervision, may146
enter upon its minutes a final release and, upon the entry of the147
final release, shall issue to the released prisoner a certificate148
of final release. In the case of a prisoner who has been released149
under a period of post-release control pursuant to division (B) of150
section 2967.28 of the Revised Code, the authority shall not grant151
a final release earlier than one year after the released prisoner152
is released from the institution under a period of post-release153
control. The authority shall classify the termination of154
post-release control as favorable or unfavorable depending on the155
offender's conduct and compliance with the conditions of156
supervision. In the case of a released prisoner whose sentence is157
life imprisonment, the authority shall not grant a final release158
earlier than five years after the released prisoner is released159
from the institution under a period of post-release control.160

       (2) The department of rehabilitation and correction, no later 161
than six months after the effective date of this sectionJuly 8, 162
2002, shall adopt a rule in accordance with Chapter 119. of the 163
Revised Code that establishes the criteria for the classification 164
of a post-release control termination as "favorable" or 165
"unfavorable."166

       (C)(1) As used in this division, "position of honor, trust, 167
or profit" means an elective office of the state or any political 168
subdivision thereof.169

        (2) The following prisoners or person shall be restored to170
the rights and privileges forfeited by a conviction except the 171
privilege of holding an office of honor, trust, or profit:172

       (1)(a) A prisoner who has served the entire prison term that173
comprises or is part of the prisoner's sentence and has not been174
placed under any post-release control sanctions;175

       (2)(b) A prisoner who has been granted a final release by the176
adult parole authority pursuant to division (A) or (B) of this177
section;178

       (3)(c) A person who has completed the period of a community179
control sanction or combination of community control sanctions, as180
defined in section 2929.01 of the Revised Code, that was imposed181
by the sentencing court.182

       (D) Division (A) of this section does not apply to a prisoner 183
in the shock incarceration program established pursuant to section184
5120.031 of the Revised Code.185

       (E) The adult parole authority shall record the final release 186
of a parolee or prisoner in the official minutes of the authority.187

       Sec. 2967.17.  (A) The adult parole authority, in its188
discretion, may grant an administrative release to any of the189
following:190

       (1) A parole violator or release violator serving another 191
felony sentence in a correctional institution within or without 192
this state for the purpose of consolidation of the records or if 193
justice would best be served;194

       (2) A parole violator at large or release violator at large 195
whose case has been inactive for at least ten years following the 196
date of declaration of the parole violation or the violation of a 197
post-release control sanction;198

       (3) A parolee taken into custody by the immigration and 199
naturalization service of the United States department of justice 200
and deported from the United States.201

       (B)(1) As used in this division, "position of honor, trust, 202
or profit" means an elective office of the state or any political 203
subdivision thereof.204

        (2) The adult parole authority shall not grant an205
administrative release except upon the concurrence of a majority 206
of the parole board and approval of the chief of the adult parole 207
authority. An administrative release does not restore for the208
person to whom it is granted the rights and privileges forfeited 209
by conviction as provided in section 2961.01 of the Revised Code. 210
Any person granted an administrative release under this section 211
may subsequently apply for a commutation of sentence for the 212
purpose of regaining the rights and privileges forfeited by 213
conviction, except that the privilegeprivileges of holding an 214
office of honor, trust, or profit and of circulating or serving as 215
a witness for the signing of any declaration of candidacy and 216
petition, voter registration application, or nominating, 217
initiative, referendum, or recall petition forfeited under section 218
2961.01 of the Revised Code may not be restored under this 219
section.220

       Sec. 3307.372. (A) As used in this section:221

       (1) "Position of honor, trust, or profit" has the same 222
meaning as in section 2967.16 of the Revised Code.223

       (2) "Accumulated contributions" has the same meaning as in 224
section 3307.50 of the Revised Code, but also includes any 225
employee contributions made under section 3307.26 of the Revised 226
Code to participate in a plan established under section 3307.81 of 227
the Revised Code and any earnings on those contributions.228

        (B) A state teachers retirement system member who pleads 229
guilty to or is convicted of a felony under the laws of any 230
jurisdiction committed while serving in a position of honor, 231
trust, or profit shall forfeit to the state teachers retirement 232
system the right to a retirement allowance or disability benefit 233
or any other right or benefit under this chapter that was earned 234
by reason of being a member of the retirement system other than 235
the member's accumulated contributions. In the case of a member 236
subject to withholding under section 3307.37 of the Revised Code 237
for the purpose of restitution, forfeiture shall commence 238
immediately following the completion of restitution.239

        (C) If the state teachers retirement board receives notice 240
pursuant to section 2907.151 of the Revised Code or has knowledge 241
that a member is charged with a felony committed while serving in 242
a position of honor, trust, or profit, the board shall make no 243
payment of any allowance, benefit, or accumulated contributions 244
under this chapter prior to the final disposition of the felony 245
charge. Payments suspended under this division shall not resume 246
unless the charge is dismissed or the member is found not guilty 247
or not guilty by reason of insanity.248

       Sec. 3307.41.  The right of an individual to a pension, an249
annuity, or a retirement allowance itself, the right of an250
individual to any optional benefit, or any other right or benefit251
accrued or accruing to any individual under this chapter, the252
various funds created by section 3307.14 of the Revised Code, and253
all moneys, investments, and income from moneys or investments are 254
exempt from any state tax, except the tax imposed by section255
5747.02 of the Revised Code, and are exempt from any county,256
municipal, or other local tax, except taxes imposed pursuant to257
section 5748.02 or 5748.08 of the Revised Code, and, except as258
provided in sections 3105.171, 3105.65, 3115.32, 3119.80, 3119.81, 259
3121.02, 3121.03, 3123.06, and 3307.37, and 3307.372 of the 260
Revised Code, shall not be subject to execution, garnishment, 261
attachment, the operation of bankruptcy or insolvency laws, or any 262
other process of law whatsoever, and shall be unassignable except263
as specifically provided in this chapter or sections 3105.171,264
3105.65,,, and 3115.32, 3119.80, 3119.81, 3121.02, 3121.03, and265
3123.06 of the Revised Code.266

       Sec. 3309.66.  The right of an individual to a pension, an267
annuity, or a retirement allowance itself, the right of an268
individual to any optional benefit, any other right accrued or269
accruing to any individual under this chapter, the various funds270
created by section 3309.60 of the Revised Code, and all moneys,271
investments, and income from moneys and investments are exempt272
from any state tax, except the tax imposed by section 5747.02 of273
the Revised Code, and are exempt from any county, municipal, or274
other local tax, except taxes imposed pursuant to section 5748.02275
or 5748.08 of the Revised Code, and, except as provided in276
sections 3105.171, 3105.65, 3115.32, 3119.80, 3119.81, 3121.02,277
3121.03, 3123.06, and 3309.67, and 3309.672 of the Revised Code, 278
shall not be subject to execution, garnishment, attachment, the279
operation of bankruptcy or insolvency laws, or any other process280
of law whatsoever, and shall be unassignable except as281
specifically provided in this chapter or and in sections and282
3105.171, 3105.65, 3115.32, 3119.80, 3119.81, 3121.02, 3121.03,283
and 3123.06 of the Revised Code.284

       Sec. 3309.672. (A) As used in this section:285

       (1) "Position of honor, trust, or profit" has the same 286
meaning as in section 2967.16 of the Revised Code.287

       (2) "Accumulated contributions" has the same meaning as in 288
section 3309.01 of the Revised Code, but also includes any 289
employee contributions made under section 3309.85 of the Revised 290
Code and any earnings on those contributions.291

        (B) A school employees retirement system member who pleads 292
guilty to or is convicted of any felony under the laws of any 293
jurisdiction committed while serving in a position of honor, 294
trust, or profit shall forfeit to the school employees retirement 295
system the right to a retirement allowance or disability benefit 296
or any other right or benefit under this chapter that was earned 297
by reason of being a member of the retirement system other than 298
the member's accumulated contributions. In the case of a member 299
subject to withholding under section 3309.67 of the Revised Code 300
for the purpose of restitution, forfeiture shall commence 301
immediately following the completion of restitution.302

        (C) If the school employees retirement board receives notice 303
pursuant to section 2907.151 of the Revised Code or has knowledge 304
that a member is charged with a felony committed while serving in 305
a position of honor, trust, or profit, the board shall make no 306
payment of any allowance, benefit, or accumulated contributions 307
under this chapter prior to the final disposition of the felony 308
charge. Payments suspended under this division shall not resume 309
unless the charge is dismissed or the person is found not guilty 310
or not guilty by reason of insanity.311

       Sec. 3309.95.  Subject to sections 3309.341, 3309.66, and312
3309.67, and 3309.672 of the Revised Code, the right of a member 313
participating in a plan established under section 3309.81 of the 314
Revised Code to any payment or benefit accruing from contributions 315
made by or on behalf of the member under sections 3309.85 and 316
3309.86 of the Revised Code shall vest in accordance with this 317
section.318

       A member's right to any payment or benefit that is based on319
the member's contributions is nonforfeitable.320

       A member's right to any payment or benefit that is based on321
contributions by the member's employer is nonforfeitable as322
specified by the plan selected by the member.323

       Sec. 5505.22.  The right of any individual to a pension, or324
to the return of accumulated contributions, payable as provided325
under this chapter, and all moneys and investments of the state326
highway patrol retirement system and income from moneys or327
investments are exempt from any state tax, except the tax imposed328
by section 5747.02 of the Revised Code, and are exempt from any329
county, municipal, or other local tax, except taxes imposed330
pursuant to section 5748.02 or 5748.08 of the Revised Code, and,331
except as provided in sections 3105.171, 3105.65, 3115.32,332
3119.80, 3119.81, 3121.02, 3121.03, 3123.06, and 5505.26, and 333
5505.262 of the Revised Code, shall not be subject to execution, 334
garnishment, attachment, the operation of bankruptcy or insolvency 335
laws, or any other process of law whatsoever, and shall be 336
unassignable except as specifically provided in this chapter.337

       Sec. 5505.262. (A) As used in this section, "position of 338
honor, trust, or profit" has the same meaning as in section 339
2967.16 of the Revised Code.340

        (B) A state highway patrol retirement system member who 341
pleads guilty to or is convicted of a felony under the laws of any 342
jurisdiction committed while serving in a position of honor, 343
trust, or profit shall forfeit to the state highway patrol 344
retirement system the right to a pension or disability benefit or 345
any other right or benefit under this chapter earned by reason of 346
being a member of the retirement system other than the member's 347
accumulated contributions. In the case of a member subject to 348
withholding under section 5505.26 of the Revised Code for the 349
purpose of restitution, forfeiture shall commence immediately 350
following the completion of restitution.351

        (C) If the state highway patrol retirement board receives 352
notice pursuant to section 2907.151 of the Revised Code or has 353
knowledge that a member is charged with a felony committed while 354
serving in a position of honor, trust, or profit, the board shall 355
make no payment of any pension, benefit, or accumulated 356
contributions under this chapter prior to the final disposition of 357
the felony charge. Payments suspended under this division shall 358
not resume unless the charge is dismissed or the person is found 359
not guilty or not guilty by reason of insanity.360

       Section 2. That existing sections 145.56, 145.95, 742.47, 361
2967.16, 2967.17, 3307.41, 3309.66, 3309.95, and 5505.22 of the 362
Revised Code are hereby repealed.363

       Section 3. The General Assembly, applying the principle 364
stated in division (B) of section 1.52 of the Revised Code that 365
amendments are to be harmonized if reasonably capable of 366
simultaneous operation, finds that the following sections, 367
presented in this act as composites of the sections as amended by 368
the acts indicated, are the resulting versions of the sections in 369
effect prior to the effective date of the sections as presented in 370
this act:371

       Section 742.47 of the Revised Code as amended by both Sub. 372
H.B. 535 and Am. Sub. S.B. 180 of the 123th General Assembly.373

       Section 3307.41 of the Revised Code as amended by both Sub. 374
H.B. 535 and Am. Sub. S.B. 180 of the 123th General Assembly.375

       Section 3309.66 of the Revised Code as amended by Sub. H.B. 376
535, Am. Sub. S.B. 180, and Sub. S.B. 270 of the 123th General 377
Assembly.378

       Section 5505.22 of the Revised Code as amended by both Sub. 379
H.B. 535 and Am. Sub. S.B. 180 of the 123th General Assembly.380