As Passed by the House

127th General Assembly Regular Session 2007-2008

Sub. S. B. No. 3

Senator Faber 

Cosponsors: Senators Schaffer, Stivers, Jacobson, Carey, Grendell, Schuring, Cafaro, Cates, Clancy, Fedor, Goodman, Harris, Mason, Morano, Niehaus, Padgett, Roberts, Sawyer, Wilson, Gardner, Mumper 

Representatives Daniels, Flowers, Reinhard, Schneider, Bacon, Batchelder, Coley, Collier, Dolan, Evans, Fessler, Gibbs, Goodwin, Hagan, J., Hottinger, Hughes, Jones, McGregor, R., Patton, Schindel, Setzer, Stebelton, Uecker, Wachtmann, Widowfield 

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A BILL

To amend sections 145.27, 145.40, 145.56, 145.82,

1

145.95, 742.37, 742.41, 742.47, 2329.66, 2967.16,

2

2967.17, 3305.07, 3307.20, 3307.41, 3307.56,

3

3309.22, 3309.42, 3309.66, 3309.82, 3309.95,

4

5505.04, 5505.19, and 5505.22 and to enact

5

sections 101.721, 101.921, 121.621, 145.572,

6

742.463, 2901.43, 2929.192, 3305.11, 3307.372,

7

3309.672, and 5505.262 of the Revised Code and to

8

amend Section 305.10 of Am. Sub. H.B. 119 of the

9

127th General Assembly to provide that the

10

privilege of holding a position of honor, trust,

11

or profit that is forfeited by reason of

12

conviction of certain felonies is not restored on

13

completion of a prison term, period of community

14

control sanctions or pardon or release by the

15

Adult Parole Authority; to impose as part of the

16

sentence of a person convicted of certain

17

felonies committed while serving in such a

18

position the forfeiture of the portion of any

19

public retirement benefit that is based on

20

employer contributions; to require that a person

21

subject to a forfeiture order who is eligible to

22

retire obtain spousal consent for a refund of

23

employee contributions; to provide for the

24

notification of the appropriate public retirement

25

system if a member is charged with one of the

26

felonies that could result in such a forfeiture;

27

and to impose a lifetime ban against serving as,

28

the termination of any current registration of, a

29

legislative agent, retirement system lobbyist, or

30

executive agency lobbyist upon a person convicted

31

of certain felonies; to authorize the Inspector

32

General to conduct an investigation of alleged

33

misconduct in the Office of the Attorney General;

34

to make an appropriation of money; and to declare

35

an emergency.

36

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

Section 1. That sections 145.27, 145.40, 145.56, 145.82,	37
145.95, 742.37, 742.41, 742.47, 2329.66, 2967.16, 2967.17,	38
3305.07, 3307.20, 3307.41, 3307.56, 3309.22, 3309.42, 3309.66,	39
3309.82, 3309.95, 5505.04, 5505.19, and 5505.22 be amended and	40
sections 101.721, 101.921, 121.621, 145.572, 742.463, 2901.43,	41
2929.192, 3305.11, 3307.372, 3309.672, and 5505.262 of the	42
Revised Code be enacted to read as follows:	43

Sec. 101.721. (A) No person shall be permitted to register as	44
a legislative agent under division (A) or (B) of section 101.72 of	45
the Revised Code if the person is convicted of or pleads guilty to	46
committing on or after the effective date of this section any of	47
the following offenses that is a felony:	48

(1) A violation of section 2921.02, 2921.03, 2921.05,	49
2921.41, 2921.42, or 2923.32 of the Revised Code;	50

(2) A violation of section 2913.42, 2921.04, 2921.11,	51
2921.12, 2921.31, or 2921.32 of the Revised Code if the person	52
committed the violation while the person was serving in a public	53
office and the conduct constituting the violation was related to	54
the duties of the person's public office or to the person's	55
actions as a public official holding that public office;	56

(3) A violation of an existing or former municipal ordinance	57
or law of this or any other state or the United States that is	58
substantially equivalent to any violation listed in division	59
(A)(1) of this section;	60

(4) A violation of an existing or former municipal ordinance	61
or law of this or any other state or the United States that is	62
substantially equivalent to any violation listed in division	63
(A)(2) of this section if the person committed the violation while	64
the person was serving in a public office and the conduct	65
constituting the violation was related to the duties of the	66
person's public office or to the person's actions as a public	67
official holding that public office;	68

(5) A conspiracy to commit, attempt to commit, or complicity	69
in committing any violation listed in division (A)(1) or described	70
in division (A)(3) of this section;	71

(6) A conspiracy to commit, attempt to commit, or complicity	72
in committing any violation listed in division (A)(2) or described	73
in division (A)(4) of this section if the person committed the	74
violation while the person was serving in a public office and the	75
conduct constituting the violation that was the subject of the	76
conspiracy, that would have constituted the offense attempted, or	77
constituting the violation in which the person was complicit was	78
or would have been related to the duties of the person's public	79
office or to the person's actions as a public official holding	80
that public office.	81

(B) If a legislative agent has registered with the joint	82
legislative ethics committee under division (A) or (B) of section	83
101.72 of the Revised Code and, on or after the effective date of	84
this section and during the period during which the registration	85
is valid, the legislative agent is convicted of or pleads guilty	86
to any felony offense listed or described in division (A)(1), (2),	87
(3), (4), (5), or (6) of this section in the circumstances	88
specified in the particular division, the joint legislative ethics	89
committee immediately upon becoming aware of the conviction or	90
guilty plea shall terminate the registration of the person as a	91
legislative agent, and, after the termination, the ban imposed	92
under division (A) of this section applies to the person.	93

(C) The ban imposed under division (A) of this section is a	94
lifetime ban, and the offender is forever disqualified from	95
registering as a legislative agent under section 101.72 of the	96
Revised Code.	97

(D) For purposes of divisions (A) and (B) of this section, a	98
violation of section 2923.32 of the Revised Code or any other	99
violation or offense that includes as an element a course of	100
conduct or the occurrence of multiple acts is "committed on or	101
after the effective date of this section" if the course of conduct	102
continues, one or more of the multiple acts occurs, or the subject	103
person's accountability for the course of conduct or for one or	104
more of the multiple acts continues, on or after the effective	105
date of this section.	106

(E) As used in this section, "public office" means any	107
elected federal, state, or local government office in this state.	108

Sec. 101.921. (A) No person shall be permitted to register as	109
a retirement system lobbyist under division (A) or (B) of section	110
101.92 of the Revised Code if the person is convicted of or pleads	111
guilty to committing on or after the effective date of this	112
section any felony offense listed or described in divisions (A)(1)	113
to (6) of section 101.721 of the Revised Code in the circumstances	114
specified in the particular division.	115

(B) If a retirement system lobbyist has registered with the	116
joint legislative ethics committee under division (A) or (B) of	117
section 101.92 of the Revised Code, and, on or after the effective	118
date of this section and during the period during which the	119
registration is valid, the retirement system lobbyist is convicted	120
of or pleads guilty to any felony offense listed or described in	121
divisions (A)(1) to (6) of section 101.721 of the Revised Code in	122
the circumstances specified in the particular division, the joint	123
legislative ethics committee immediately upon becoming aware of	124
the conviction or guilty plea shall terminate the registration of	125
the person as a retirement system lobbyist, and, after the	126
termination, the ban imposed under division (A) of this section	127
applies to the person.	128

(C) The ban imposed under division (A) of this section is a	129
lifetime ban, and the offender is forever disqualified from	130
registering as a retirement system lobbyist under section 101.92	131
of the Revised Code.	132

(D) For purposes of divisions (A) and (B) of this section, a	133
violation of section 2923.32 of the Revised Code or any other	134
violation or offense that includes as an element a course of	135
conduct or the occurrence of multiple acts is "committed on or	136
after the effective date of this section" if the course of conduct	137
continues, one or more of the multiple acts occurs, or the subject	138
person's accountability for the course of conduct or for one or	139
more of the multiple acts continues, on or after the effective	140
date of this section.	141

Sec. 121.621. (A) No person shall be permitted to register as	142
an executive agency lobbyist under division (A) or (B) of section	143
121.62 of the Revised Code if the person is convicted of or pleads	144
guilty to committing on or after the effective date of this	145
section any felony offense listed or described in divisions (A)(1)	146
to (6) of section 101.721 of the Revised Code in the circumstances	147
specified in the particular division.	148

(B) If an executive agency lobbyist has registered with the	149
joint legislative ethics committee under division (A) or (B) of	150
section 121.62 of the Revised Code and, on or after the effective	151
date of this section and during the period during which the	152
registration is valid, the executive agency lobbyist is convicted	153
of or pleads guilty to any felony offense listed or described in	154
divisions (A)(1) to (6) of section 101.721 of the Revised Code in	155
the circumstances specified in the particular division, the joint	156
legislative ethics committee immediately upon becoming aware of	157
the conviction or guilty plea shall terminate the registration of	158
the person as an executive agency lobbyist, and, after the	159
termination, the ban imposed under division (A) of this section	160
applies to the person.	161

(C) The ban imposed under divisions (A) and (B) of this	162
section is a lifetime ban, and the offender is forever	163
disqualified from registering as an executive agency lobbyist	164
under section 121.62 of the Revised Code.	165

(D) For purposes of divisions (A) and (B) of this section, a	166
violation of section 2923.32 of the Revised Code or any other	167
violation or offense that includes as an element a course of	168
conduct or the occurrence of multiple acts is "committed on or	169
after the effective date of this section" if the course of conduct	170
continues, one or more of the multiple acts occurs, or the subject	171
person's accountability for the course of conduct or for one or	172
more of the multiple acts continues, on or after the effective	173
date of this section.	174

Sec. 145.27.  (A)(1) As used in this division, "personal	175
history record" means information maintained by the public	176
employees retirement board on an individual who is a member,	177
former member, contributor, former contributor, retirant, or	178
beneficiary that includes the address, telephone number, social	179
security number, record of contributions, correspondence with the	180
public employees retirement system, or other information the board	181
determines to be confidential.	182

(2) The records of the board shall be open to public	183
inspection, except that the following shall be excluded, except	184
with the written authorization of the individual concerned:	185

(a) The individual's statement of previous service and other	186
information as provided for in section 145.16 of the Revised Code;	187

(b) The amount of a monthly allowance or benefit paid to the	188
individual;	189

(c) The individual's personal history record.

190

(B) All medical reports and recommendations required by this	191
chapter are privileged, except that copies of such medical reports	192
or recommendations shall be made available to the personal	193
physician, attorney, or authorized agent of the individual	194
concerned upon written release from the individual or the	195
individual's agent, or when necessary for the proper	196
administration of the fund, to the board assigned physician.	197

(C) Any person who is a member or contributor of the system	198
shall be furnished with a statement of the amount to the credit of	199
the individual's account upon written request. The board is not	200
required to answer more than one such request of a person in any	201
one year. The board may issue annual statements of accounts to	202
members and contributors.	203

(D) Notwithstanding the exceptions to public inspection in	204
division (A)(2) of this section, the board may furnish the	205
following information:	206

(1) If a member, former member, contributor, former	207
contributor, or retirant is subject to an order issued under	208
section 2907.15 of the Revised Code or an order issued under	209
division (A) or (B) of section 2929.192 of the Revised Code or is	210
convicted of or pleads guilty to a violation of section 2921.41 of	211
the Revised Code, on written request of a prosecutor as defined in	212
section 2935.01 of the Revised Code, the board shall furnish to	213
the prosecutor the information requested from the individual's	214
personal history record.	215

(2) Pursuant to a court or administrative order issued	216
pursuant to Chapter 3119., 3121., 3123., or 3125. of the Revised	217
Code, the board shall furnish to a court or child support	218
enforcement agency the information required under that section.	219

(3) At the written request of any person, the board shall	220
provide to the person a list of the names and addresses of	221
members, former members, contributors, former contributors,	222
retirants, or beneficiaries. The costs of compiling, copying, and	223
mailing the list shall be paid by such person.	224

(4) Within fourteen days after receiving from the director of	225
job and family services a list of the names and social security	226
numbers of recipients of public assistance pursuant to section	227
5101.181 of the Revised Code, the board shall inform the auditor	228
of state of the name, current or most recent employer address, and	229
social security number of each member whose name and social	230
security number are the same as that of a person whose name or	231
social security number was submitted by the director. The board	232
and its employees shall, except for purposes of furnishing the	233
auditor of state with information required by this section,	234
preserve the confidentiality of recipients of public assistance in	235
compliance with division (A) of section 5101.181 of the Revised	236
Code.	237

(5) The system shall comply with orders issued under section	238
3105.87 of the Revised Code.	239

On the written request of an alternate payee, as defined in	240
section 3105.80 of the Revised Code, the system shall furnish to	241
the alternate payee information on the amount and status of any	242
amounts payable to the alternate payee under an order issued under	243
section 3105.171 or 3105.65 of the Revised Code.	244

(6) At the request of any person, the board shall make	245
available to the person copies of all documents, including	246
resumes, in the board's possession regarding filling a vacancy of	247
an employee member or retirant member of the board. The person who	248
made the request shall pay the cost of compiling, copying, and	249
mailing the documents. The information described in this division	250
(D)(6) of this section is a public record.	251

(E) A statement that contains information obtained from the	252
system's records that is signed by the executive director or an	253
officer of the system and to which the system's official seal is	254
affixed, or copies of the system's records to which the signature	255
and seal are attached, shall be received as true copies of the	256
system's records in any court or before any officer of this state.	257

Sec. 145.40.  (A)(1) Subject to the provisions of section	258
145.57 of the Revised Code and except as provided in section	259
145.402 of the Revised Code and division (B) of this section, if a	260
member elects to become exempt from contribution to the public	261
employees retirement system pursuant to section 145.03 of the	262
Revised Code or ceases to be a public employee for any cause other	263
than death, retirement, receipt of a disability benefit, or	264
current employment in a position in which the member has elected	265
to participate in an alternative retirement plan under section	266
3305.05 or 3305.051 of the Revised Code, upon application the	267
public employees retirement board shall pay the member the	268
member's accumulated contributions, plus any applicable amount	269
calculated under section 145.401 of the Revised Code, provided	270
that both the following apply:	271

(a) Three months have elapsed since the member's service	272
subject to this chapter, other than service exempted from	273
contribution pursuant to section 145.03 of the Revised Code, was	274
terminated;	275

(b) The member has not returned to service subject to this	276
chapter, other than service exempted from contribution pursuant to	277
section 145.03 of the Revised Code, during that three-month	278
period.	279

The payment of such accumulated contributions shall cancel	280
the total service credit of such member in the public employees	281
retirement system.	282

(2) A member described in division (A)(1) of this section who	283
is married at the time of application for payment and is eligible	284
for age and service retirement under section 145.32, 145.33,	285
145.331, or 145.34 of the Revised Code or would be eligible for	286
age and service retirement under any of those sections but for a	287
forfeiture ordered under division (A) or (B) of section 2929.192	288
of the Revised Code shall submit with the application a written	289
statement by the member's spouse attesting that the spouse	290
consents to the payment of the member's accumulated contributions.	291
Consent shall be valid only if it is signed and witnessed by a	292
notary public.	293

The board may waive the requirement of consent if the spouse	294
is incapacitated or cannot be located, or for any other reason	295
specified by the board. Consent or waiver is effective only with	296
regard to the spouse who is the subject of the consent or waiver.	297

(B) This division applies to any member who is employed in a	298
position in which the member has made an election under section	299
3305.05 or 3305.051 of the Revised Code and due to the election	300
ceases to be a public employee for purposes of that position.	301

Subject to section 145.57 of the Revised Code, the public	302
employees retirement system shall do the following:	303

(1) On receipt of a certified copy of a form evidencing an	304
election under section 3305.05 or 3305.051 of the Revised Code,	305
pay to the appropriate provider, in accordance with section	306
3305.052 of the Revised Code, the amount described in section	307
3305.052 of the Revised Code;	308

(2) If a member has accumulated contributions, in addition to	309
those subject to division (B)(1) of this section, standing to the	310
credit of the member's individual account and is not otherwise	311
employed in a position in which the member is considered a public	312
employee for the purposes of that position, pay, to the provider	313
the member selected pursuant to section 3305.05 or 3305.051 of the	314
Revised Code, the member's accumulated contributions. The payment	315
shall be made on the member's application.	316

(C) Payment of a member's accumulated contributions under	317
division (B) of this section cancels the member's total service	318
credit in the public employees retirement system. A member whose	319
accumulated contributions are paid to a provider pursuant to	320
division (B) of this section is forever barred from claiming or	321
purchasing service credit under the public employees retirement	322
system for the period of employment attributable to those	323
contributions.	324

Sec. 145.56.  The right of an individual to a pension, an	325
annuity, or a retirement allowance itself, the right of an	326
individual to any optional benefit, any other right accrued or	327
accruing to any individual, under this chapter, or under any	328
municipal retirement system established subject to this chapter	329
under the laws of this state or any charter, the various funds	330
created by this chapter, or under such municipal retirement	331
system, and all moneys, investments, and income from moneys or	332
investments are exempt from any state tax, except the tax imposed	333
by section 5747.02 of the Revised Code and are exempt from any	334
county, municipal, or other local tax, except taxes imposed	335
pursuant to section 5748.02 or 5748.08 of the Revised Code and,	336
except as provided in sections 145.57, 145.572, 3105.171, 3105.65,	337
and 3115.32 and Chapters 3119., 3121., 3123., and 3125. of the	338
Revised Code, shall not be subject to execution, garnishment,	339
attachment, the operation of bankruptcy or insolvency laws, or	340
other process of law whatsoever, and shall be unassignable except	341
as specifically provided in this chapter and sections 3105.171,	342
3105.65, and 3115.32 and Chapters 3119., 3121., 3123., and 3125.	343
of the Revised Code.	344

Sec. 145.572. (A)(1) Notwithstanding any other provision of	345
this chapter, the following shall be subject to a forfeiture	346
ordered under division (A) or (B) of section 2929.192 of the	347
Revised Code:	348

(a) The right of a member to receive any payment under a	349
pension, annuity, allowance, or other type of benefit under this	350
chapter, other than a payment of the accumulated contributions	351
standing to the person's credit under this chapter;	352

(b) The right of a contributor to receive a benefit under	353
division (B) of section 145.384 of the Revised Code, other than a	354
payment of the person's contributions made under section 145.38 or	355
145.383 of the Revised Code.	356

(2) The public employees retirement system shall comply with	357
a forfeiture order issued under division (A) or (B) of section	358
2929.192 of the Revised Code at the time the member or contributor	359
applies for payment of the person's accumulated contributions.	360
Upon payment of the person's contributions and cancellation of any	361
corresponding service credit, a person who is subject to the	362
forfeiture order described in this division may not restore any	363
canceled service credit under this chapter or the provisions of	364
Chapter 742., 3305., 3307., 3309., or 5505. of the Revised Code.	365

(B) Notwithstanding any other provision of this chapter, if	366
the system receives notice pursuant to section 2901.43 of the	367
Revised Code that a person who has accumulated contributions	368
standing to the person's credit pursuant to this chapter is	369
charged with any offense or violation listed or described in	370
divisions (D)(1) to (3) of section 2929.192 of the Revised Code	371
that is a felony in the circumstances specified in the particular	372
division, all of the following apply:	373

(1) No payment of those accumulated contributions or of any	374
other amount or amounts to be paid to a person who is a	375
contributor under this chapter upon the person's withdrawal of	376
contributions pursuant to this chapter shall be made prior to	377
whichever of the following is applicable:	378

(a) If the person is convicted of or pleads guilty to the	379
charge and forfeiture is ordered under division (A) or (B) of	380
section 2929.192 of the Revised Code, the day on which the system	381
receives from the court a copy of the journal entry of the	382
offender's sentence under that section;	383

(b) If the charge against the person is dismissed, the person	384
is found not guilty of the charge, or the person is found not	385
guilty by reason of insanity of the charge, the day on which the	386
system receives notice of the final disposition of the charge.	387

(2) The system shall not process any application for payment	388
under this chapter from the person prior to the final disposition	389
of the charge.	390

Sec. 145.82.  (A) Except as provided in divisions (B) and (C)	391
of this section, sections 145.201 to 145.70 of the Revised Code do	392
not apply to a PERS defined contribution plan, except that a PERS	393
defined contribution plan may incorporate provisions of those	394
sections as specified in the plan document.	395

(B) The following sections of Chapter 145. of the Revised	396
Code apply to a PERS defined contribution plan: 145.22, 145.221,	397
145.23, 145.25, 145.26, 145.27, 145.296, 145.38, 145.382, 145.383,	398
145.384, 145.391, 145.47, 145.48, 145.483, 145.51, 145.52, 145.53,	399
145.54, 145.55, 145.56, 145.563, 145.57, 145.571, 145.572, 145.69,	400
and 145.70 of the Revised Code.	401

(C) A PERS defined contribution plan that includes definitely	402
determinable benefits may incorporate by reference all or part of	403
sections 145.201 to 145.79 of the Revised Code to allow a member	404
participating in the plan to purchase service credit or to be	405
eligible for any of the following:	406

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

407

(2) Health or long-term care insurance or any other type of	408
health care benefit;	409

(3) Additional increases under section 145.323 of the Revised	410
Code;	411

(4) A refund of contributions made by or on behalf of a	412
member.	413

With respect to the benefits described in division (C)(1) of	414
this section, the public employees retirement board may establish	415
eligibility requirements and benefit formulas or amounts that	416
differ from those of members participating in the PERS defined	417
benefit plan. With respect to the purchase of service credit by a	418
member participating in a PERS defined contribution plan, the	419
board may reduce the cost of the service credit to reflect the	420
different benefit formula established for the member.	421

Sec. 145.95.  Subject to sections 145.38, 145.56, and 145.57,	422
and 145.572 of the Revised Code, the right of a member	423
participating in a PERS defined contribution plan to any payment	424
or benefit accruing from contributions made by or on behalf of the	425
member under sections 145.85 and 145.86 of the Revised Code shall	426
vest in accordance with this section.	427

A member's right to any payment or benefit that is based on	428
the member's contributions is nonforfeitable.	429

A member's right to any payment or benefit that is based on	430
contributions by the member's employer is nonforfeitable as	431
specified by the plan selected by the member.	432

Sec. 742.37.  The board of trustees of the Ohio police and	433
fire pension fund shall adopt rules for the management of the fund	434
and for the disbursement of benefits and pensions as set forth in	435
this section and section 742.39 of the Revised Code. Any payment	436
of a benefit or pension under this section is subject to the	437
provisions of section 742.461 of the Revised Code. Notwithstanding	438
any other provision of this section, no pension or benefit paid or	439
determined under division (B) or (C) of this section or section	440
742.39 of the Revised Code shall exceed the limit established by	441
section 415 of the "Internal Revenue Code of 1986," 100 Stat.	442
2085, 26 U.S.C.A. 415, as amended.	443

(A) Persons who were receiving benefit or pension payments	444
from a police relief and pension fund established under former	445
section 741.32 of the Revised Code, or from a firemen's relief and	446
pension fund established under former section 521.02 or 741.02 of	447
the Revised Code, at the time the assets of the fund were	448
transferred to the Ohio police and fire pension fund, known at	449
that time as the police and firemen's disability and pension fund,	450
shall receive benefit and pension payments from the Ohio police	451
and fire pension fund in the same amount and subject to the same	452
conditions as such payments were being made from the former fund	453
on the date of the transfer.	454

(B) A member of the fund who, pursuant to law, elected to	455
receive benefits and pensions from a police relief and pension	456
fund established under former section 741.32 of the Revised Code,	457
or from a firemen's relief and pension fund established under	458
former section 741.02 of the Revised Code, in accordance with the	459
rules of the fund governing the granting of benefits or pensions	460
therefrom in force on April 1, 1947, shall receive benefits and	461
pensions from the Ohio police and fire pension fund in accordance	462
with such rules; provided, that any member of the fund who is not	463
receiving a benefit or pension from the fund on August 12, 1975,	464
may, upon application for a benefit or pension to be received on	465
or after August 12, 1975, elect to receive a benefit or pension in	466
accordance with division (C) of this section.	467

(C) Members of the fund who have not elected to receive	468
benefits and pensions from a police relief and pension fund or a	469
firemen's relief and pension fund in accordance with the rules of	470
the fund in force on April 1, 1947, shall receive pensions and	471
benefits in accordance with the following provisions:	472

(1) A member of the fund who has completed twenty-five years	473
of active service in a police or fire department and has attained	474
forty-eight years of age may, at the member's election, retire	475
from the police or fire department. Upon notifying the board in	476
writing of the election, the member shall receive an annual	477
pension, payable in twelve monthly installments, in an amount	478
equal to a percentage of the member's average annual salary. The	479
percentage shall be the sum of two and one-half per cent for each	480
of the first twenty years the member was in the active service of	481
the department, plus two per cent for each of the twenty-first to	482
twenty-fifth years the member was in the active service of the	483
department, plus one and one-half per cent for each year in excess	484
of twenty-five years the member was in the active service of the	485
department. The annual pension shall not exceed seventy-two per	486
cent of the member's average annual salary.	487

A member who completed twenty-five years of active service,	488
has resigned or been discharged, and has left the sum deducted	489
from the member's salary on deposit in the pension fund shall,	490
upon attaining forty-eight years of age, be entitled to receive a	491
normal service pension benefit computed and paid under division	492
(C)(1) of this section.	493

While participating in the deferred retirement option plan	494
established under section 742.43 of the Revised Code, a member	495
shall not be considered to have elected retirement under division	496
(C)(1) of this section. On notifying the board under division	497
(B)(1) of section 742.444 of the Revised Code of the member's	498
election to terminate active service, a member described in	499
division (B) of that section shall receive an annual pension under	500
division (C)(1) of this section calculated in accordance with	501
section 742.442 of the Revised Code and rules that shall be	502
adopted by the board of trustees of the Ohio police and fire	503
pension fund.	504

(2) A member of the fund who has served fifteen or more years	505
as an active member of a police or fire department and who	506
voluntarily resigns or is discharged from the department for any	507
reason other than dishonesty, cowardice, intemperate habits, or	508
conviction of a felony, shall receive an annual pension, payable	509
in twelve monthly installments, in an amount equal to one and	510
one-half per cent of the member's average annual salary multiplied	511
by the number of full years the member was in the active service	512
of the department. The pension payments shall not commence until	513
the member has attained the age of forty-eight years and until	514
twenty-five years have elapsed from the date on which the member	515
became a full-time regular police officer or firefighter in the	516
department.	517

(3) A member of the fund who has completed fifteen or more	518
years of active service in a police or fire department and who has	519
attained sixty-two years of age, may retire from the department	520
and, upon notifying the board in writing of the election to	521
retire, shall receive an annual pension, payable in twelve monthly	522
installments, in an amount equal to a percentage of the member's	523
average annual salary. The percentage shall be the sum of two and	524
one-half per cent for each of the first twenty years the member	525
was in the active service of the department, plus two per cent for	526
each of the twenty-first to twenty-fifth years the member was in	527
the active service of the department, plus one and one-half per	528
cent for each year in excess of twenty-five years the member was	529
in the active service of the department. The annual pension shall	530
not exceed seventy-two per cent of the member's average annual	531
salary.	532

(4) With the exception of those persons who may make	533
application for benefits as provided in section 742.26 of the	534
Revised Code, no person receiving a pension or other benefit under	535
division (C) of this section on or after July 24, 1986, shall be	536
entitled to apply for any new, changed, or different benefit.	537

If a member covered by division (C) of this section or	538
section 742.38 of the Revised Code dies prior to the time the	539
member has received a payment and leaves a surviving spouse or	540
dependent child, the surviving spouse or dependent child shall	541
receive a pension under division (D) or (E) of this section.	542

(D)(1) Except as provided in division (D)(2) of this section,	543
a surviving spouse of a deceased member of the fund or a surviving	544
spouse described in division (D)(4) of this section shall receive	545
a monthly pension as follows:	546

(a) For the period beginning July 1, 1999, and ending June	547
30, 2000, five hundred fifty dollars;	548

(b) For the period beginning July 1, 2000, and ending June	549
30, 2002, five hundred fifty dollars plus an amount determined by	550
multiplying five hundred fifty dollars by the average percentage	551
change in the consumer price index, not exceeding three per cent,	552
as determined by the board under former section 742.3716 of the	553
Revised Code;	554

(c) For the period beginning July 1, 2002, and the period	555
beginning the first day of July of each year thereafter and	556
continuing for the following twelve months, an amount equal to the	557
monthly amount paid during the prior twelve-month period plus	558
sixteen dollars and fifty cents.	559

(2) A surviving spouse of a deceased member of the fund shall	560
receive a monthly pension of four hundred ten dollars if the	561
surviving spouse is eligible for a benefit under division (B) or	562
(D) of section 742.63 of the Revised Code. If the surviving spouse	563
ceases to be eligible for a benefit under division (B) or (D) of	564
section 742.63 of the Revised Code, the pension shall be	565
increased, effective the first day of the first month following	566
the day on which the surviving spouse ceases to be eligible for	567
the benefit, to the amount it would be under division (D)(1) of	568
this section had the spouse never been eligible for a benefit	569
under division (B) or (D) of section 742.63 of the Revised Code.	570

(3) A pension paid under this division shall continue during	571
the natural life of the surviving spouse. Benefits to a deceased	572
member's surviving spouse that were terminated under a former	573
version of this section that required termination due to	574
remarriage and were not resumed prior to September 16, 1998, shall	575
resume on the first day of the month immediately following receipt	576
by the board of an application on a form provided by the board.	577

(4) A surviving spouse of a deceased member of or contributor	578
to a fund established under former Chapter 521. or 741. of the	579
Revised Code whose benefit or pension was terminated or not paid	580
due to remarriage shall receive a monthly pension under division	581
(D)(1) of this section.	582

The pension shall commence on the first day of the month	583
immediately following receipt by the board of a completed	584
application on a form provided by the board and evidence	585
acceptable to the board that at the time of death the deceased	586
spouse was a member of or contributor to a police or firemen's	587
relief and pension fund established under former Chapter 521. or	588
741. of the Revised Code and that the surviving spouse's benefits	589
were terminated or not granted due to remarriage.	590

(E)(1) Each surviving child of a deceased member of the fund	591
shall receive a monthly pension until the child attains the age of	592
eighteen years, or marries, whichever event occurs first. A	593
pension under this division, however, shall continue to be payable	594
to a child under age twenty-two who is a student in and attending	595
an institution of learning or training pursuant to a program	596
designed to complete in each school year the equivalent of at	597
least two-thirds of the full-time curriculum requirements of the	598
institution, as determined by the board. If any surviving child,	599
regardless of age at the time of the member's death, because of	600
physical or mental disability, is totally dependent upon the	601
deceased member for support at the time of death, the child shall	602
receive a monthly pension under this division during the child's	603
natural life or until the child has recovered from the disability.	604

(2) An eligible surviving child shall receive a monthly	605
pension as follows:	606

(a) For the period beginning July 1, 2001, and ending June	607
30, 2002, a monthly pension of one hundred fifty dollars plus the	608
cost of living increase provided for in former section 742.3720 of	609
the Revised Code;	610

(b) For the period beginning July 1, 2002, and ending June	611
30, 2003, one hundred sixty-three dollars and fifty cents;	612

(c) For the period beginning July 1, 2003, and the period	613
beginning the first day of each July thereafter and continuing for	614
the following twelve months, an amount equal to the monthly amount	615
paid during the prior twelve-month period plus four dollars and	616
fifty cents.	617

(F)(1) If a deceased member of the fund leaves no surviving	618
spouse or surviving children, but leaves one or two parents	619
dependent upon the deceased member for support, each parent shall	620
be paid a monthly pension. The pensions provided for in this	621
division shall be paid during the natural life of the surviving	622
parents, or until dependency ceases, or until remarriage,	623
whichever event occurs first.	624

(2) Each eligible surviving parent shall be paid a monthly	625
pension as follows:	626

(a) For the period ending June 30, 2002, one hundred six	627
dollars for each parent or two hundred twelve dollars for a sole	628
dependent parent;	629

(b) For the period beginning July 1, 2002, and ending June	630
30, 2003, one hundred nine dollars for each parent or two hundred	631
eighteen dollars for a sole dependent parent;	632

(c) For the period beginning July 1, 2003, and the first day	633
of each July thereafter and continuing for the following twelve	634
months, an amount equal to the monthly amount paid during the	635
prior twelve-month period plus three dollars for each parent or	636
six dollars for a sole dependent parent.	637

(G)(1) Subject to the provisions of section 742.461 of the	638
Revised Code, a member of the fund who voluntarily resigns or is	639
removed from active service in a police or fire department is	640
entitled to receive an amount equal to the sums deducted from the	641
member's salary and credited to the member's account in the fund,	642
except that a member receiving a disability benefit or service	643
pension is not entitled to receive any return of contributions to	644
the fund.	645

(2) A member described in division (G)(1) of this section who	646
is married at the time of application for payment and would be	647
eligible for age and service retirement under this section or	648
section 742.39 of the Revised Code but for a forfeiture ordered	649
under division (A) or (B) of section 2929.192 of the Revised Code	650
shall submit with the application a written statement by the	651
member's spouse attesting that the spouse consents to the payment	652
of the member's accumulated contributions. Consent shall be valid	653
only if it is signed and witnessed by a notary public. The board	654
may waive the requirement of consent if the spouse is	655
incapacitated or cannot be located, or for any other reason	656
specified by the board. Consent or waiver is effective only with	657
regard to the spouse who is the subject of the consent or waiver.	658

(H) On and after January 1, 1970, all pensions shall be	659
increased in accordance with the following provisions:	660

(1) A member of the fund who retired prior to January 1,	661
1967, has attained age sixty-five on January 1, 1970, and was	662
receiving a pension on December 31, 1969, pursuant to division (B)	663
or (C)(1) of this section or former division (C)(2), (3), (4), or	664
(5) of this section, shall have the pension increased by ten per	665
cent.	666

(2) The monthly pension payable to eligible surviving spouses	667
under division (D) of this section shall be increased by forty	668
dollars for each surviving spouse receiving a pension on December	669
31, 1969.	670

(3) The monthly pension payable to each eligible child under	671
division (E) of this section shall be increased by ten dollars for	672
each child receiving a pension on December 31, 1969.	673

(4) The monthly pension payable to each eligible dependent	674
parent under division (F) of this section shall be increased by	675
thirty dollars for each parent receiving a pension on December 31,	676
1969.	677

(5) A member of the fund, including a survivor of a member,	678
who is receiving a pension in accordance with the rules governing	679
the granting of pensions and benefits in force on April 1, 1947,	680
that provide an increase in the original pension from time to time	681
pursuant to changes in the salaries of active members, shall not	682
be eligible for the benefits provided in this division.	683

(I) On and after January 1, 1977, a member of the fund who	684
was receiving a pension or benefit on December 31, 1973, under	685
division (A), (B), (C)(1), or former division (C)(2) or (7) of	686
this section shall have the pension or benefit increased as	687
follows:	688

(1) If the member's annual pension or benefit is less than	689
two thousand seven hundred dollars, it shall be increased to three	690
thousand dollars.	691

(2) If the member's annual pension or benefit is two thousand	692
seven hundred dollars or more, it shall be increased by three	693
hundred dollars.	694

The following shall not be eligible to receive increased	695
pensions or benefits as provided in this division:	696

(a) A member of the fund who is receiving a pension or	697
benefit in accordance with the rules in force on April 1, 1947,	698
governing the granting of pensions and benefits, which provide an	699
increase in the original pension or benefit from time to time	700
pursuant to changes in the salaries of active members;	701

(b) A member of the fund who is receiving a pension or	702
benefit under division (A) or (B) of this section, based on funded	703
volunteer or funded part-time service, or off-duty disability, or	704
partial on-duty disability, or early vested service;	705

(c) A member of the fund who is receiving a pension under	706
division (C)(1) of this section, based on funded volunteer or	707
funded part-time service.	708

(J) On and after July 1, 1977, a member of the fund who was	709
receiving an annual pension or benefit on December 31, 1973,	710
pursuant to division (B) of this section, based upon partial	711
disability, off-duty disability, or early vested service, or	712
pursuant to former division (C)(3), (5), or (6) of this section,	713
shall have such annual pension or benefit increased by three	714
hundred dollars.	715

The following are not eligible to receive the increase	716
provided by this division:	717

(1) A member of the fund who is receiving a pension or	718
benefit in accordance with the rules in force on April 1, 1947,	719
governing the granting of pensions and benefits, which provide an	720
increase in the original pension or benefit from time to time	721
pursuant to changes in the salaries of active members;	722

(2) A member of the fund who is receiving a pension or	723
benefit under division (B) or (C)(2) of this section or former	724
division (C)(3), (5), or (6) of this section based on volunteer or	725
part-time service.	726

(K)(1) Except as otherwise provided in this division, every	727
person who on July 24, 1986, is receiving an age and service or	728
disability pension, allowance, or benefit pursuant to this chapter	729
in an amount less than thirteen thousand dollars a year that is	730
based upon an award made effective prior to February 28, 1984,	731
shall receive an increase of six hundred dollars a year or the	732
amount necessary to increase the pension or benefit to four	733
thousand two hundred dollars after all adjustments required by	734
this section, whichever is greater.	735

(2) Division (K)(1) of this section does not apply to the	736
following:	737

(a) A member of the fund who is receiving a pension or	738
benefit in accordance with rules in force on April 1, 1947, that	739
govern the granting of pensions and benefits and that provide an	740
increase in the original pension or benefit from time to time	741
pursuant to changes in the salaries of active members;	742

(b) A member of the fund who is receiving a pension or	743
benefit based on funded volunteer or funded part-time service.	744

(L) On and after July 24, 1986:

745

(1) The pension of each person receiving a pension under	746
division (D) of this section on July 24, 1986, shall be increased	747
to three hundred ten dollars per month.	748

(2) The pension of each person receiving a pension under	749
division (E) of this section on July 24, 1986, shall be increased	750
to ninety-three dollars per month.	751

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

752

(1) "Other system retirant" has the same meaning as in	753
section 742.26 of the Revised Code.	754

(2) "Personal history record" includes a member's, former	755
member's, or other system retirant's name, address, telephone	756
number, social security number, record of contributions,	757
correspondence with the Ohio police and fire pension fund, status	758
of any application for benefits, and any other information deemed	759
confidential by the trustees of the fund.	760

(B) The treasurer of state shall furnish annually to the	761
board of trustees of the fund a sworn statement of the amount of	762
the funds in the treasurer of state's custody belonging to the	763
Ohio police and fire pension fund. The records of the fund shall	764
be open for public inspection except for the following, which	765
shall be excluded, except with the written authorization of the	766
individual concerned:	767

(1) The individual's personal history record;

768

(2) Any information identifying, by name and address, the	769
amount of a monthly allowance or benefit paid to the individual.	770

(C) All medical reports and recommendations required are	771
privileged, except that copies of such medical reports or	772
recommendations shall be made available to the personal physician,	773
attorney, or authorized agent of the individual concerned upon	774
written release received from the individual or the individual's	775
agent or, when necessary for the proper administration of the	776
fund, to the board-assigned physician.	777

(D) Any person who is a member of the fund or an other system	778
retirant shall be furnished with a statement of the amount to the	779
credit of the person's individual account upon the person's	780
written request. The fund need not answer more than one such	781
request of a person in any one year.	782

(E) Notwithstanding the exceptions to public inspection in	783
division (B) of this section, the fund may furnish the following	784
information:	785

(1) If a member, former member, or other system retirant is	786
subject to an order issued under section 2907.15 of the Revised	787
Code or an order issued under division (A) or (B) of section	788
2929.192 of the Revised Code or is convicted of or pleads guilty	789
to a violation of section 2921.41 of the Revised Code, on written	790
request of a prosecutor as defined in section 2935.01 of the	791
Revised Code, the fund shall furnish to the prosecutor the	792
information requested from the individual's personal history	793
record.	794

(2) Pursuant to a court order issued pursuant to Chapter	795
3119., 3121., 3123., or 3125. of the Revised Code, the fund shall	796
furnish to a court or child support enforcement agency the	797
information required under that section.	798

(3) At the request of any organization or association of	799
members of the fund, the fund shall provide a list of the names	800
and addresses of members of the fund and other system retirants.	801
The fund shall comply with the request of such organization or	802
association at least once a year and may impose a reasonable	803
charge for the list.	804

(4) Within fourteen days after receiving from the director of	805
job and family services a list of the names and social security	806
numbers of recipients of public assistance pursuant to section	807
5101.181 of the Revised Code, the fund shall inform the auditor of	808
state of the name, current or most recent employer address, and	809
social security number of each member or other system retirant	810
whose name and social security number are the same as that of a	811
person whose name or social security number was submitted by the	812
director. The fund and its employees shall, except for purposes of	813
furnishing the auditor of state with information required by this	814
section, preserve the confidentiality of recipients of public	815
assistance in compliance with division (A) of section 5101.181 of	816
the Revised Code.	817

(5) The fund shall comply with orders issued under section	818
3105.87 of the Revised Code.	819

On the written request of an alternate payee, as defined in	820
section 3105.80 of the Revised Code, the fund shall furnish to the	821
alternate payee information on the amount and status of any	822
amounts payable to the alternate payee under an order issued under	823
section 3105.171 or 3105.65 of the Revised Code.	824

(6) At the request of any person, the fund shall make	825
available to the person copies of all documents, including	826
resumes, in the fund's possession regarding filling a vacancy of a	827
police officer employee member, firefighter employee member,	828
police retirant member, or firefighter retirant member of the	829
board of trustees. The person who made the request shall pay the	830
cost of compiling, copying, and mailing the documents. The	831
information described in this division is a public record.	832

(F) A statement that contains information obtained from the	833
fund's records that is signed by the secretary of the board of	834
trustees of the Ohio police and fire pension fund and to which the	835
board's official seal is affixed, or copies of the fund's records	836
to which the signature and seal are attached, shall be received as	837
true copies of the fund's records in any court or before any	838
officer of this state.	839

Sec. 742.463.  (A) Notwithstanding any other provision of	840
this chapter, any payment of accumulated contributions standing to	841
a person's credit under this chapter and any other amount or	842
amounts to be paid to a person who is a contributor under this	843
chapter upon the person's withdrawal of contributions pursuant to	844
this chapter shall be subject to any forfeiture ordered under	845
division (A) or (B) of section 2929.192 of the Revised Code, and	846
the Ohio police and fire pension fund shall comply with that order	847
in making the payment. Upon payment of the person's accumulated	848
contributions and cancellation of the corresponding service	849
credit, a person who is subject to the forfeiture described in	850
this division may not restore the canceled service credit under	851
this chapter or under Chapter 145., 3305., 3307., 3309., or 5505.	852
of the Revised Code.	853

(B) Notwithstanding any other provision of this chapter, if	854
the fund receives notice pursuant to section 2901.43 of the	855
Revised Code that a person who has accumulated contributions	856
standing to the person's credit pursuant to this chapter is	857
charged with any offense or violation listed or described in	858
divisions (D)(1) to (3) of section 2929.192 of the Revised Code	859
that is a felony in the circumstances specified in the particular	860
division, all of the following apply:	861

(1) No payment of those accumulated contributions or of any	862
other amount or amounts to be paid to a person who is a	863
contributor under this chapter upon the person's withdrawal of	864
contributions pursuant to this chapter shall be made prior to	865
whichever of the following is applicable:	866

(a) If the person is convicted of or pleads guilty to the	867
charge and forfeiture is ordered under division (A) or (B) of	868
section 2929.192 of the Revised Code, the day on which the fund	869
receives from the court a copy of the journal entry of the	870
offender's sentence under that section;	871

(b) If the charge against the person is dismissed, the person	872
is found not guilty of the charge, or the person is found not	873
guilty by reason of insanity of the charge, the day on which the	874
fund receives notice of the final disposition of the charge.	875

(2) The fund shall not process any application for payment	876
under this chapter from the person prior to the final disposition	877
of the charge.	878

Sec. 742.47.  Except as provided in sectionsections 742.461,	879
742.463, 3105.171, 3105.65,, and 3115.32 and Chapters 3119.,	880
3121., 3123., and 3125. of the Revised Code, sums of money due or	881
to become due to any individual from the Ohio police and fire	882
pension fund are not liable to attachment, garnishment, levy, or	883
seizure under any legal or equitable process or any other process	884
of law whatsoever, whether those sums remain with the treasurer of	885
the fund or any officer or agent of the board of trustees of the	886
fund or are in the course of transmission to the individual	887
entitled to them, but shall inure wholly to the benefit of that	888
individual.	889

Sec. 2329.66.  (A) Every person who is domiciled in this	890
state may hold property exempt from execution, garnishment,	891
attachment, or sale to satisfy a judgment or order, as follows:	892

(1)(a) In the case of a judgment or order regarding money	893
owed for health care services rendered or health care supplies	894
provided to the person or a dependent of the person, one parcel or	895
item of real or personal property that the person or a dependent	896
of the person uses as a residence. Division (A)(1)(a) of this	897
section does not preclude, affect, or invalidate the creation	898
under this chapter of a judgment lien upon the exempted property	899
but only delays the enforcement of the lien until the property is	900
sold or otherwise transferred by the owner or in accordance with	901
other applicable laws to a person or entity other than the	902
surviving spouse or surviving minor children of the judgment	903
debtor. Every person who is domiciled in this state may hold	904
exempt from a judgment lien created pursuant to division (A)(1)(a)	905
of this section the person's interest, not to exceed five thousand	906
dollars, in the exempted property.	907

(b) In the case of all other judgments and orders, the	908
person's interest, not to exceed five thousand dollars, in one	909
parcel or item of real or personal property that the person or a	910
dependent of the person uses as a residence.	911

(2) The person's interest, not to exceed one thousand	912
dollars, in one motor vehicle;	913

(3) The person's interest, not to exceed two hundred dollars	914
in any particular item, in wearing apparel, beds, and bedding, and	915
the person's interest, not to exceed three hundred dollars in each	916
item, in one cooking unit and one refrigerator or other food	917
preservation unit;	918

(4)(a) The person's interest, not to exceed four hundred	919
dollars, in cash on hand, money due and payable, money to become	920
due within ninety days, tax refunds, and money on deposit with a	921
bank, savings and loan association, credit union, public utility,	922
landlord, or other person. Division (A)(4)(a) of this section	923
applies only in bankruptcy proceedings. This exemption may include	924
the portion of personal earnings that is not exempt under division	925
(A)(13) of this section.	926

(b) Subject to division (A)(4)(d) of this section, the	927
person's interest, not to exceed two hundred dollars in any	928
particular item, in household furnishings, household goods,	929
appliances, books, animals, crops, musical instruments, firearms,	930
and hunting and fishing equipment, that are held primarily for the	931
personal, family, or household use of the person;	932

(c) Subject to division (A)(4)(d) of this section, the	933
person's interest in one or more items of jewelry, not to exceed	934
four hundred dollars in one item of jewelry and not to exceed two	935
hundred dollars in every other item of jewelry;	936

(d) Divisions (A)(4)(b) and (c) of this section do not	937
include items of personal property listed in division (A)(3) of	938
this section.	939

If the person does not claim an exemption under division	940
(A)(1) of this section, the total exemption claimed under division	941
(A)(4)(b) of this section shall be added to the total exemption	942
claimed under division (A)(4)(c) of this section, and the total	943
shall not exceed two thousand dollars. If the person claims an	944
exemption under division (A)(1) of this section, the total	945
exemption claimed under division (A)(4)(b) of this section shall	946
be added to the total exemption claimed under division (A)(4)(c)	947
of this section, and the total shall not exceed one thousand five	948
hundred dollars.	949

(5) The person's interest, not to exceed an aggregate of	950
seven hundred fifty dollars, in all implements, professional	951
books, or tools of the person's profession, trade, or business,	952
including agriculture;	953

(6)(a) The person's interest in a beneficiary fund set apart,	954
appropriated, or paid by a benevolent association or society, as	955
exempted by section 2329.63 of the Revised Code;	956

(b) The person's interest in contracts of life or endowment	957
insurance or annuities, as exempted by section 3911.10 of the	958
Revised Code;	959

(c) The person's interest in a policy of group insurance or	960
the proceeds of a policy of group insurance, as exempted by	961
section 3917.05 of the Revised Code;	962

(d) The person's interest in money, benefits, charity,	963
relief, or aid to be paid, provided, or rendered by a fraternal	964
benefit society, as exempted by section 3921.18 of the Revised	965
Code;	966

(e) The person's interest in the portion of benefits under	967
policies of sickness and accident insurance and in lump sum	968
payments for dismemberment and other losses insured under those	969
policies, as exempted by section 3923.19 of the Revised Code.	970

(7) The person's professionally prescribed or medically	971
necessary health aids;	972

(8) The person's interest in a burial lot, including, but not	973
limited to, exemptions under section 517.09 or 1721.07 of the	974
Revised Code;	975

(9) The person's interest in the following:

976

(a) Moneys paid or payable for living maintenance or rights,	977
as exempted by section 3304.19 of the Revised Code;	978

(b) Workers' compensation, as exempted by section 4123.67 of	979
the Revised Code;	980

(c) Unemployment compensation benefits, as exempted by	981
section 4141.32 of the Revised Code;	982

(d) Cash assistance payments under the Ohio works first	983
program, as exempted by section 5107.75 of the Revised Code;	984

(e) Benefits and services under the prevention, retention,	985
and contingency program, as exempted by section 5108.08 of the	986
Revised Code;	987

(f) Disability financial assistance payments, as exempted by	988
section 5115.06 of the Revised Code.	989

(10)(a) Except in cases in which the person was convicted of	990
or pleaded guilty to a violation of section 2921.41 of the Revised	991
Code and in which an order for the withholding of restitution from	992
payments was issued under division (C)(2)(b) of that section or,	993
in cases in which an order for withholding was issued under	994
section 2907.15 of the Revised Code, and in cases in which an	995
order for forfeiture was issued under division (A) or (B) of	996
section 2929.192 of the Revised Code, and only to the extent	997
provided in the order, and except as provided in sections	998
3105.171, 3105.63, 3119.80, 3119.81, 3121.02, 3121.03, and 3123.06	999
of the Revised Code, the person's right to a pension, benefit,	1000
annuity, retirement allowance, or accumulated contributions, the	1001
person's right to a participant account in any deferred	1002
compensation program offered by the Ohio public employees deferred	1003
compensation board, a government unit, or a municipal corporation,	1004
or the person's other accrued or accruing rights, as exempted by	1005
section 145.56, 146.13, 148.09, 742.47, 3307.41, 3309.66, or	1006
5505.22 of the Revised Code, and the person's right to benefits	1007
from the Ohio public safety officers death benefit fund;	1008

(b) Except as provided in sections 3119.80, 3119.81, 3121.02,	1009
3121.03, and 3123.06 of the Revised Code, the person's right to	1010
receive a payment under any pension, annuity, or similar plan or	1011
contract, not including a payment from a stock bonus or	1012
profit-sharing plan or a payment included in division (A)(6)(b) or	1013
(10)(a) of this section, on account of illness, disability, death,	1014
age, or length of service, to the extent reasonably necessary for	1015
the support of the person and any of the person's dependents,	1016
except if all the following apply:	1017

(i) The plan or contract was established by or under the	1018
auspices of an insider that employed the person at the time the	1019
person's rights under the plan or contract arose.	1020

(ii) The payment is on account of age or length of service.

1021

(iii) The plan or contract is not qualified under the	1022
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as	1023
amended.	1024

(c) Except for any portion of the assets that were deposited	1025
for the purpose of evading the payment of any debt and except as	1026
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	1027
3123.06 of the Revised Code, the person's right in the assets held	1028
in, or to receive any payment under, any individual retirement	1029
account, individual retirement annuity, "Roth IRA," or education	1030
individual retirement account that provides benefits by reason of	1031
illness, disability, death, or age, to the extent that the assets,	1032
payments, or benefits described in division (A)(10)(c) of this	1033
section are attributable to any of the following:	1034

(i) Contributions of the person that were less than or equal	1035
to the applicable limits on deductible contributions to an	1036
individual retirement account or individual retirement annuity in	1037
the year that the contributions were made, whether or not the	1038
person was eligible to deduct the contributions on the person's	1039
federal tax return for the year in which the contributions were	1040
made;	1041

(ii) Contributions of the person that were less than or equal	1042
to the applicable limits on contributions to a Roth IRA or	1043
education individual retirement account in the year that the	1044
contributions were made;	1045

(iii) Contributions of the person that are within the	1046
applicable limits on rollover contributions under subsections 219,	1047
402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B),	1048
408A(d)(3), and 530(d)(5) of the "Internal Revenue Code of 1986,"	1049
100 Stat. 2085, 26 U.S.C.A. 1, as amended.	1050

(d) Except for any portion of the assets that were deposited	1051
for the purpose of evading the payment of any debt and except as	1052
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	1053
3123.06 of the Revised Code, the person's right in the assets held	1054
in, or to receive any payment under, any Keogh or "H.R. 10" plan	1055
that provides benefits by reason of illness, disability, death, or	1056
age, to the extent reasonably necessary for the support of the	1057
person and any of the person's dependents.	1058

(11) The person's right to receive spousal support, child	1059
support, an allowance, or other maintenance to the extent	1060
reasonably necessary for the support of the person and any of the	1061
person's dependents;	1062

(12) The person's right to receive, or moneys received during	1063
the preceding twelve calendar months from, any of the following:	1064

(a) An award of reparations under sections 2743.51 to 2743.72	1065
of the Revised Code, to the extent exempted by division (D) of	1066
section 2743.66 of the Revised Code;	1067

(b) A payment on account of the wrongful death of an	1068
individual of whom the person was a dependent on the date of the	1069
individual's death, to the extent reasonably necessary for the	1070
support of the person and any of the person's dependents;	1071

(c) Except in cases in which the person who receives the	1072
payment is an inmate, as defined in section 2969.21 of the Revised	1073
Code, and in which the payment resulted from a civil action or	1074
appeal against a government entity or employee, as defined in	1075
section 2969.21 of the Revised Code, a payment, not to exceed five	1076
thousand dollars, on account of personal bodily injury, not	1077
including pain and suffering or compensation for actual pecuniary	1078
loss, of the person or an individual for whom the person is a	1079
dependent;	1080

(d) A payment in compensation for loss of future earnings of	1081
the person or an individual of whom the person is or was a	1082
dependent, to the extent reasonably necessary for the support of	1083
the debtor and any of the debtor's dependents.	1084

(13) Except as provided in sections 3119.80, 3119.81,	1085
3121.02, 3121.03, and 3123.06 of the Revised Code, personal	1086
earnings of the person owed to the person for services in an	1087
amount equal to the greater of the following amounts:	1088

(a) If paid weekly, thirty times the current federal minimum	1089
hourly wage; if paid biweekly, sixty times the current federal	1090
minimum hourly wage; if paid semimonthly, sixty-five times the	1091
current federal minimum hourly wage; or if paid monthly, one	1092
hundred thirty times the current federal minimum hourly wage that	1093
is in effect at the time the earnings are payable, as prescribed	1094
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	1095
U.S.C. 206(a)(1), as amended;	1096

(b) Seventy-five per cent of the disposable earnings owed to	1097
the person.	1098

(14) The person's right in specific partnership property, as	1099
exempted by division (B)(3) of section 1775.24 of the Revised	1100
Code;	1101

(15) A seal and official register of a notary public, as	1102
exempted by section 147.04 of the Revised Code;	1103

(16) The person's interest in a tuition unit or a payment	1104
under section 3334.09 of the Revised Code pursuant to a tuition	1105
payment contract, as exempted by section 3334.15 of the Revised	1106
Code;	1107

(17) Any other property that is specifically exempted from	1108
execution, attachment, garnishment, or sale by federal statutes	1109
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11	1110
U.S.C.A. 101, as amended;	1111

(18) The person's interest, not to exceed four hundred	1112
dollars, in any property, except that division (A)(18) of this	1113
section applies only in bankruptcy proceedings.	1114

(B) As used in this section:

1115

(1) "Disposable earnings" means net earnings after the	1116
garnishee has made deductions required by law, excluding the	1117
deductions ordered pursuant to section 3119.80, 3119.81, 3121.02,	1118
3121.03, or 3123.06 of the Revised Code.	1119

(2) "Insider" means:

1120

(a) If the person who claims an exemption is an individual, a	1121
relative of the individual, a relative of a general partner of the	1122
individual, a partnership in which the individual is a general	1123
partner, a general partner of the individual, or a corporation of	1124
which the individual is a director, officer, or in control;	1125

(b) If the person who claims an exemption is a corporation, a	1126
director or officer of the corporation; a person in control of the	1127
corporation; a partnership in which the corporation is a general	1128
partner; a general partner of the corporation; or a relative of a	1129
general partner, director, officer, or person in control of the	1130
corporation;	1131

(c) If the person who claims an exemption is a partnership, a	1132
general partner in the partnership; a general partner of the	1133
partnership; a person in control of the partnership; a partnership	1134
in which the partnership is a general partner; or a relative in, a	1135
general partner of, or a person in control of the partnership;	1136

(d) An entity or person to which or whom any of the following	1137
applies:	1138

(i) The entity directly or indirectly owns, controls, or	1139
holds with power to vote, twenty per cent or more of the	1140
outstanding voting securities of the person who claims an	1141
exemption, unless the entity holds the securities in a fiduciary	1142
or agency capacity without sole discretionary power to vote the	1143
securities or holds the securities solely to secure to debt and	1144
the entity has not in fact exercised the power to vote.	1145

(ii) The entity is a corporation, twenty per cent or more of	1146
whose outstanding voting securities are directly or indirectly	1147
owned, controlled, or held with power to vote, by the person who	1148
claims an exemption or by an entity to which division (B)(2)(d)(i)	1149
of this section applies.	1150

(iii) A person whose business is operated under a lease or	1151
operating agreement by the person who claims an exemption, or a	1152
person substantially all of whose business is operated under an	1153
operating agreement with the person who claims an exemption.	1154

(iv) The entity operates the business or all or substantially	1155
all of the property of the person who claims an exemption under a	1156
lease or operating agreement.	1157

(e) An insider, as otherwise defined in this section, of a	1158
person or entity to which division (B)(2)(d)(i), (ii), (iii), or	1159
(iv) of this section applies, as if the person or entity were a	1160
person who claims an exemption;	1161

(f) A managing agent of the person who claims an exemption.

1162

(3) "Participant account" has the same meaning as in section	1163
148.01 of the Revised Code.	1164

(4) "Government unit" has the same meaning as in section	1165
148.06 of the Revised Code.	1166

(C) For purposes of this section, "interest" shall be	1167
determined as follows:	1168

(1) In bankruptcy proceedings, as of the date a petition is	1169
filed with the bankruptcy court commencing a case under Title 11	1170
of the United States Code;	1171

(2) In all cases other than bankruptcy proceedings, as of the	1172
date of an appraisal, if necessary under section 2329.68 of the	1173
Revised Code, or the issuance of a writ of execution.	1174

An interest, as determined under division (C)(1) or (2) of	1175
this section, shall not include the amount of any lien otherwise	1176
valid pursuant to section 2329.661 of the Revised Code.	1177

Sec. 2901.43. (A)(1) As used in this section:

1178

(a) "Public retirement system," "alternative retirement	1179
plan," and "prosecutor" have the same meanings as in section	1180
2907.15 of the Revised Code.	1181

(b) "Position of honor, trust, or profit" has the same	1182
meaning as in section 2929.192 of the Revised Code.	1183

(2) For purposes of divisions (B) and (C) of this section, a	1184
violation of section 2923.32 of the Revised Code or any other	1185
violation or offense that includes as an element a course of	1186
conduct or the occurrence of multiple acts is "committed on or	1187
after the effective date of this section" if the course of conduct	1188
continues, one or more of the multiple acts occurs, or the subject	1189
person's accountability for the course of conduct or for one or	1190
more of the multiple acts continues, on or after the effective	1191
date of this section.	1192

(B) Upon the filing of charges against a person alleging that	1193
the person committed on or after the effective date of this	1194
section any violation or offense specified in division (C) of this	1195
section, if the person allegedly committed the violation or	1196
offense while serving in a position of honor, trust, or profit and	1197
if the person is an electing employee participating in an	1198
alternative retirement plan or a member of a public retirement	1199
system, the prosecutor who is assigned the case shall send written	1200
notice that those charges have been filed against that person to	1201
the alternative retirement plan in which the person is a	1202
participant or the public retirement system in which the person is	1203
a member, whichever is applicable. The written notice shall	1204
specifically identify the person charged.	1205

(C) Division (B) of this section applies when a person is	1206
charged with committing on or after the effective date of this	1207
section any offense or violation listed or described in divisions	1208
(D)(1) to (3) of section 2929.192 of the Revised Code that is a	1209
felony, in the circumstances specified in the particular division.	1210

Sec. 2929.192. (A) If an offender is being sentenced for any	1211
felony offense listed in division (D) of this section that was	1212
committed on or after the effective date of this section, if the	1213
offender committed the offense while serving in a position of	1214
honor, trust, or profit, and if the offender, at the time of the	1215
commission of the offense, was a member of any public retirement	1216
system or a participant in an alternative retirement plan, in	1217
addition to any other sanction it imposes under section 2929.14,	1218
2929.15, 2929.16, 2929.17, or 2929.18 of the Revised Code but	1219
subject to division (B) of this section, the court shall order the	1220
forfeiture to the public retirement system or alternative	1221
retirement plan in which the offender was a member or participant	1222
of the offender's right to a retirement allowance, pension,	1223
disability benefit, or other right or benefit, other than payment	1224
of the offender's accumulated contributions, earned by reason of	1225
the offender's being a member of the public retirement system or	1226
alternative retirement plan. A forfeiture ordered under this	1227
division is part of, and shall be included in, the sentence of the	1228
offender. The court shall send a copy of the journal entry	1229
imposing sentence on the offender to the appropriate public	1230
retirement system or alternative retirement plan in which the	1231
offender was a member or participant.	1232

(B) In any case in which a sentencing court is required to	1233
order forfeiture of an offender's right to a retirement allowance,	1234
pension, disability benefit, or other right or benefit under	1235
division (A) of this section, the offender may request a hearing	1236
regarding the forfeiture by delivering to the court prior to	1237
sentencing a written request for a hearing. If a request for a	1238
hearing is made by the offender prior to sentencing, the court	1239
shall conduct the hearing before sentencing. The court shall	1240
notify the offender, the prosecutor who handled the case in which	1241
the offender was convicted of or pleaded guilty to the offense for	1242
which the forfeiture order was imposed, and the appropriate public	1243
retirement system, or alternative retirement plan provider,	1244
whichever is applicable, or, if more than one is specified in the	1245
motion, the applicable combination of these, of the hearing. A	1246
hearing scheduled under this division shall be limited to a	1247
consideration of whether there is good cause based on evidence	1248
presented by the offender for the forfeiture order not to be	1249
issued. If the court determines based on evidence presented by the	1250
offender that there is good cause for the forfeiture order not to	1251
be issued, the court shall not issue the forfeiture order. If the	1252
offender does not request a hearing prior to sentencing or if the	1253
court conducts a hearing but does not determine based on evidence	1254
presented by the offender that there is good cause for the	1255
forfeiture order not to be issued, the court shall order the	1256
forfeiture described in division (A) of this section in accordance	1257
with that division and shall send a copy of the journal entry	1258
imposing sentence on the offender to the appropriate public	1259
retirement system or alternative retirement plan in which the	1260
offender was a member or participant.	1261

(C) Upon receipt of a copy of the journal entry imposing	1262
sentence on an offender under division (A) or (B) of this section	1263
that contains an order of forfeiture of a type described in that	1264
division, the public retirement system or alternative retirement	1265
plan in which the offender was a member or participant shall	1266
comply with the forfeiture order on application for a refund of	1267
the accumulated contributions of the member or participant.	1268

(D) Division (A) of this section applies regarding an	1269
offender who is convicted of or pleads guilty to any of the	1270
following offenses committed on or after the effective date of	1271
this section that is a felony and who committed the offense while	1272
serving in a position of honor, trust, or profit:	1273

(1) A violation of section 2921.02 or 2923.32 of the Revised	1274
Code or a violation of section 2921.41 of the Revised Code that is	1275
a felony of the third degree;	1276

(2) A violation of an existing or former municipal ordinance	1277
or law of this or any other state or the United States that is	1278
substantially equivalent to any violation listed in division	1279
(D)(1) of this section;	1280

(3) A conspiracy to commit, attempt to commit, or complicity	1281
in committing any violation listed in division (D)(1) or described	1282
in division (D)(2) of this section.	1283

(E) For purposes of divisions (A) and (D) of this section, a	1284
violation of section 2923.32 of the Revised Code or any other	1285
violation or offense that includes as an element a course of	1286
conduct or the occurrence of multiple acts is "committed on or	1287
after the effective date of this section" if the course of conduct	1288
continues, one or more of the multiple acts occurs, or the subject	1289
person's accountability for the course of conduct or for one or	1290
more of the multiple acts continues, on or after the effective	1291
date of this section.	1292

(F) As used in this section:

1293

(1) "Position of honor, trust, or profit" means any of the	1294
following:	1295

(a) An elective office of the state or any political	1296
subdivision of the state;	1297

(b) A position on any board or commission of the state that	1298
is appointed by the governor or the attorney general;	1299

(c) A position as a public official or employee, as defined	1300
in section 102.01 of the Revised Code, who is required to file a	1301
disclosure statement under section 102.02 of the Revised Code;	1302

(d) A position as a prosecutor, as defined in section 2935.01	1303
of the Revised Code;	1304

(e) A position as a peace officer, as defined in section	1305
2935.01 of the Revised Code, or as the superintendent or a trooper	1306
of the state highway patrol.	1307

(2) "Public retirement system" and "alternative retirement	1308
plan" have the same meanings as in section 2907.15 of the Revised	1309
Code.	1310

(3) "Accumulated contributions" means whichever of the	1311
following is applicable:	1312

(a) Regarding an offender who is a member of the public	1313
employees retirement system, except as otherwise provided in	1314
division (F)(3)(a) of this section, "accumulated contributions"	1315
has the same meaning as in section 145.01 of the Revised Code. For	1316
a member participating in a PERS defined contribution plan,	1317
"accumulated contributions" means the contributions made under	1318
section 145.85 of the Revised Code and any earnings on those	1319
contributions. For a member participating in a PERS defined	1320
contribution plan that includes definitely determinable benefits,	1321
"accumulated contributions" means the contributions made under	1322
section 145.85 of the Revised Code, any earnings on those	1323
contributions, and additionally any amounts paid by the member to	1324
purchase service credits.	1325

(b) Regarding an offender who is or was a member of the Ohio	1326
police and fire pension fund, "accumulated contributions" means	1327
the amount payable to a member under division (G) of section	1328
742.37 of the Revised Code.	1329

(c) Regarding an offender who is a member of the state	1330
teachers retirement system, except as otherwise provided in	1331
division (F)(3)(c) of this section, "accumulated contributions"	1332
has the same meaning as in section 3307.50 of the Revised Code.	1333
For a member participating in an STRS defined contribution plan,	1334
"accumulated contributions" means the contributions made under	1335
section 3307.26 of the Revised Code to participate in a plan	1336
established under section 3307.81 of the Revised Code and any	1337
earnings on those contributions. For a member participating in a	1338
STRS defined contribution plan that includes definitely	1339
determinable benefits, "accumulated contributions" means the	1340
contributions made under section 3307.26 of the Revised Code to	1341
participate in a plan established under section 3307.81 of the	1342
Revised Code, any earnings on those contributions, and	1343
additionally any amounts paid by the member to purchase service	1344
credits.	1345

(d) Regarding an offender who is or was a member of the	1346
school employees retirement system, "accumulated contributions"	1347
has the same meaning as in section 3309.01 of the Revised Code and	1348
also includes employee contributions made under section 3309.85 of	1349
the Revised Code and any earnings on those contributions.	1350

(e) Regarding an offender who is or was a member of the state	1351
highway patrol retirement system, "accumulated contributions" has	1352
the same meaning as in section 5505.01 of the Revised Code.	1353

(f) Regarding an offender who is or was participating in an	1354
alternative retirement plan, "accumulated contributions" means the	1355
amounts contributed to an alternative retirement plan	1356
participant's account by the plan participant pursuant to section	1357
3305.06 of the Revised Code and any earnings on those	1358
contributions.	1359

Sec. 2967.16.  (A) Except as provided in division (D) of this	1360
section, when a paroled prisoner has faithfully performed the	1361
conditions and obligations of the paroled prisoner's parole and	1362
has obeyed the rules and regulations adopted by the adult parole	1363
authority that apply to the paroled prisoner, the authority upon	1364
the recommendation of the superintendent of parole supervision may	1365
enter upon its minutes a final release and thereupon shall issue	1366
to the paroled prisoner a certificate of final release, but the	1367
authority shall not grant a final release earlier than one year	1368
after the paroled prisoner is released from the institution on	1369
parole, and, in the case of a paroled prisoner whose minimum	1370
sentence is life imprisonment, the authority shall not grant a	1371
final release earlier than five years after the paroled prisoner	1372
is released from the institution on parole.	1373

(B)(1) When a prisoner who has been released under a period	1374
of post-release control pursuant to section 2967.28 of the Revised	1375
Code has faithfully performed the conditions and obligations of	1376
the released prisoner's post-release control sanctions and has	1377
obeyed the rules and regulations adopted by the adult parole	1378
authority that apply to the released prisoner or has the period of	1379
post-release control terminated by a court pursuant to section	1380
2929.141 of the Revised Code, the authority, upon the	1381
recommendation of the superintendent of parole supervision, may	1382
enter upon its minutes a final release and, upon the entry of the	1383
final release, shall issue to the released prisoner a certificate	1384
of final release. In the case of a prisoner who has been released	1385
under a period of post-release control pursuant to division (B) of	1386
section 2967.28 of the Revised Code, the authority shall not grant	1387
a final release earlier than one year after the released prisoner	1388
is released from the institution under a period of post-release	1389
control. The authority shall classify the termination of	1390
post-release control as favorable or unfavorable depending on the	1391
offender's conduct and compliance with the conditions of	1392
supervision. In the case of a released prisoner whose sentence is	1393
life imprisonment, the authority shall not grant a final release	1394
earlier than five years after the released prisoner is released	1395
from the institution under a period of post-release control.	1396

(2) The department of rehabilitation and correction, no later	1397
than six months after the effective date of this sectionJuly 8,	1398
2002, shall adopt a rule in accordance with Chapter 119. of the	1399
Revised Code that establishes the criteria for the classification	1400
of a post-release control termination as "favorable" or	1401
"unfavorable."	1402

(C) The(1) Except as provided in division (C)(2) of this	1403
section, the following prisoners or person shall be restored to	1404
the rights and privileges forfeited by a conviction:	1405

(1)(a) A prisoner who has served the entire prison term that	1406
comprises or is part of the prisoner's sentence and has not been	1407
placed under any post-release control sanctions;	1408

(2)(b) A prisoner who has been granted a final release by the	1409
adult parole authority pursuant to division (A) or (B) of this	1410
section;	1411

(3)(c) A person who has completed the period of a community	1412
control sanction or combination of community control sanctions, as	1413
defined in section 2929.01 of the Revised Code, that was imposed	1414
by the sentencing court.	1415

(2)(a) As used in division (C)(2)(c) of this section:

1416

(i) "Position of honor, trust, or profit" has the same	1417
meaning as in section 2929.192 of the Revised Code.	1418

(ii) "Public office" means any elected federal, state, or	1419
local government office in this state.	1420

(b) For purposes of division (C)(2)(c) of this section, a	1421
violation of section 2923.32 of the Revised Code or any other	1422
violation or offense that includes as an element a course of	1423
conduct or the occurrence of multiple acts is "committed on or	1424
after the effective date of this amendment" if the course of	1425
conduct continues, one or more of the multiple acts occurs, or the	1426
subject person's accountability for the course of conduct or for	1427
one or more of the multiple acts continues, on or after the	1428
effective date of this amendment.	1429

(c) Division (C)(1) of this section does not restore a	1430
prisoner or person to the privilege of holding a position of	1431
honor, trust, or profit if the prisoner or person was convicted of	1432
or pleaded guilty to committing on or after the effective date of	1433
this amendment any of the following offenses that is a felony:	1434

(i) A violation of section 2921.02, 2921.03, 2921.05,	1435
2921.41, 2921.42, or 2923.32 of the Revised Code;	1436

(ii) A violation of section 2913.42, 2921.04, 2921.11,	1437
2921.12, 2921.31, or 2921.32 of the Revised Code, when the person	1438
committed the violation while the person was serving in a public	1439
office and the conduct constituting the violation was related to	1440
the duties of the person's public office or to the person's	1441
actions as a public official holding that public office;	1442

(iii) A violation of an existing or former municipal	1443
ordinance or law of this or any other state or the United States	1444
that is substantially equivalent to any violation listed in	1445
division (C)(2)(c)(i) of this section;	1446

(iv) A violation of an existing or former municipal ordinance	1447
or law of this or any other state or the United States that is	1448
substantially equivalent to any violation listed in division	1449
(C)(2)(c)(ii) of this section, when the person committed the	1450
violation while the person was serving in a public office and the	1451
conduct constituting the violation was related to the duties of	1452
the person's public office or to the person's actions as a public	1453
official holding that public office;	1454

(v) A conspiracy to commit, attempt to commit, or complicity	1455
in committing any offense listed in division (C)(2)(c)(i) or	1456
described in division (C)(2)(c)(iii) of this section;	1457

(vi) A conspiracy to commit, attempt to commit, or complicity	1458
in committing any offense listed in division (C)(2)(c)(ii) or	1459
described in division (C)(2)(c)(iv) of this section, if the person	1460
committed the violation while the person was serving in a public	1461
office and the conduct constituting the offense that was the	1462
subject of the conspiracy, that would have constituted the offense	1463
attempted, or constituting the offense in which the person was	1464
complicit was or would have been related to the duties of the	1465
person's public office or to the person's actions as a public	1466
official holding that public office.	1467

(D) Division (A) of this section does not apply to a prisoner	1468
in the shock incarceration program established pursuant to section	1469
5120.031 of the Revised Code.	1470

(E) The adult parole authority shall record the final release	1471
of a parolee or prisoner in the official minutes of the authority.	1472

Sec. 2967.17.  (A) The adult parole authority, in its	1473
discretion, may grant an administrative release to any of the	1474
following:	1475

(1) A parole violator or release violator serving another	1476
felony sentence in a correctional institution within or without	1477
this state for the purpose of consolidation of the records or if	1478
justice would best be served;	1479

(2) A parole violator at large or release violator at large	1480
whose case has been inactive for at least ten years following the	1481
date of declaration of the parole violation or the violation of a	1482
post-release control sanction;	1483

(3) A parolee taken into custody by the immigration and	1484
naturalization service of the United States department of justice	1485
and deported from the United States.	1486

(B)(1)(a) As used in divisions (B)(2) and (3) of this	1487
section, "position of honor, trust, or profit" has the same	1488
meaning as in section 2929.192 of the Revised Code.	1489

(b) For purposes of divisions (B)(2) and (3) of this section,	1490
a violation of section 2923.32 of the Revised Code or any other	1491
violation or offense that includes as an element a course of	1492
conduct or the occurrence of multiple acts is "committed on or	1493
after the effective date of this amendment" if the course of	1494
conduct continues, one or more of the multiple acts occurs, or the	1495
subject person's accountability for the course of conduct or for	1496
one or more of the multiple acts continues, on or after the	1497
effective date of this amendment.	1498

(2) The adult parole authority shall not grant an	1499
administrative release except upon the concurrence of a majority	1500
of the parole board and approval of the chief of the adult parole	1501
authority. An administrative release does not restore for the	1502
person to whom it is granted the rights and privileges forfeited	1503
by conviction as provided in section 2961.01 of the Revised Code.	1504
Any person granted an administrative release under this section	1505
may subsequently apply for a commutation of sentence for the	1506
purpose of regaining the rights and privileges forfeited by	1507
conviction, except that the privilege of circulating or serving as	1508
a witness for the signing of any declaration of candidacy and	1509
petition, voter registration application, or nominating,	1510
initiative, referendum, or recall petition forfeited under section	1511
2961.01 of the Revised Code may not be restored under this section	1512
and except that the privilege of holding a position of honor,	1513
trust, or profit may not be restored under this section to a	1514
person in the circumstances described in division (B)(3) of this	1515
section.	1516

(3) The privilege of holding a position of honor, trust, or	1517
profit may not be restored under this section to a person who was	1518
convicted of or pleaded guilty to committing on or after the	1519
effective date of this amendment any violation or offense listed	1520
in divisions (C)(2)(c)(i) to (vi) of section 2967.16 of the	1521
Revised Code that is a felony.	1522

Sec. 3305.07.  (A) Neither the state nor a public institution	1523
of higher education shall be a party to any contract purchased in	1524
whole or in part with contributions to an alternative retirement	1525
plan made under section 3305.06 of the Revised Code. No	1526
retirement, death, or other benefits shall be payable by the state	1527
or by any public institution of higher education under any	1528
alternative retirement plan elected pursuant to this chapter.	1529

(B)(1) Except as provided under division (B)(2) of this	1530
section and sections 3305.08 and, 3305.09, and 3305.11 of the	1531
Revised Code, benefits shall be paid to an electing employee or	1532
the employee's beneficiaries in accordance with the alternative	1533
retirement plan adopted by the public institution of higher	1534
education at which the employee is employed.	1535

(2) A benefit or payment shall not be paid under an	1536
investment option prior to the time an electing employee dies,	1537
terminates employment with the public institution of higher	1538
education, or, if provided under the alternative retirement plan	1539
or investment option, becomes disabled, except that the provider	1540
of the investment option shall transfer the employee's account	1541
balance to another provider as provided under section 3305.053 of	1542
the Revised Code.	1543

Sec. 3305.11.  (A) Notwithstanding any other provision of	1544
this chapter, any payment of accumulated contributions standing to	1545
a person's credit under this chapter and any other amount or	1546
amounts to be paid to a person who is a contributor under this	1547
chapter upon the person's withdrawal of contributions pursuant to	1548
this chapter shall be subject to any forfeiture ordered under	1549
division (A) or (B) of section 2929.192 of the Revised Code, and	1550
the provider of an alternative retirement plan shall comply with	1551
that order in making the payment. Upon payment of the person's	1552
accumulated contributions and cancellation of the corresponding	1553
service credit, a person who is subject to the forfeiture	1554
described in this division may not restore the canceled service	1555
credit under this chapter or under Chapter 145., 742., 3307.,	1556
3309., or 5505. of the Revised Code.	1557

(B) Notwithstanding any other provision of this chapter, if	1558
the provider of an alternative retirement plan receives notice	1559
pursuant to section 2901.43 of the Revised Code that a person who	1560
has accumulated contributions standing to the person's credit	1561
pursuant to this chapter is charged with any offense or violation	1562
listed or described in divisions (D)(1) to (3) of section 2929.192	1563
of the Revised Code that is a felony in the circumstances	1564
specified in the particular division, all of the following apply:	1565

(1) No payment of those accumulated contributions or of any	1566
other amount or amounts to be paid to a person who is a	1567
contributor under this chapter upon the person's withdrawal of	1568
contributions pursuant to this chapter shall be made prior to	1569
whichever of the following is applicable:	1570

(a) If the person is convicted of or pleads guilty to the	1571
charge and forfeiture is ordered under division (A) or (B) of	1572
section 2929.192 of the Revised Code, the day on which the	1573
provider receives from the court a copy of the journal entry of	1574
the offender's sentence under that section;	1575

(b) If the charge against the person is dismissed, the person	1576
is found not guilty of the charge, or the person is found not	1577
guilty by reason of insanity of the charge, the day on which the	1578
provider receives notice of the final disposition of the charge.	1579

(2) The provider of an alternative retirement plan shall not	1580
process any application for payment under this chapter from the	1581
person prior to the final disposition of the charge.	1582

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

1583

(1) "Personal history record" means information maintained by	1584
the state teachers retirement board on an individual who is a	1585
member, former member, contributor, former contributor, retirant,	1586
or beneficiary that includes the address, telephone number, social	1587
security number, record of contributions, correspondence with the	1588
state teachers retirement system, or other information the board	1589
determines to be confidential.	1590

(2) "Retirant" has the same meaning as in section 3307.50 of	1591
the Revised Code.	1592

(B) The records of the board shall be open to public	1593
inspection, except for the following, which shall be excluded,	1594
except with the written authorization of the individual concerned:	1595

(1) The individual's personal records provided for in section	1596
3307.23 of the Revised Code;	1597

(2) The individual's personal history record;

1598

(3) Any information identifying, by name and address, the	1599
amount of a monthly allowance or benefit paid to the individual.	1600

(C) All medical reports and recommendations under sections	1601
3307.62, 3307.64, and 3307.66 of the Revised Code are privileged,	1602
except that copies of such medical reports or recommendations	1603
shall be made available to the personal physician, attorney, or	1604
authorized agent of the individual concerned upon written release	1605
received from the individual or the individual's agent, or, when	1606
necessary for the proper administration of the fund, to the board	1607
assigned physician.	1608

(D) Any person who is a member or contributor of the system	1609
shall be furnished, on written request, with a statement of the	1610
amount to the credit of the person's account. The board need not	1611
answer more than one request of a person in any one year.	1612

(E) Notwithstanding the exceptions to public inspection in	1613
division (B) of this section, the board may furnish the following	1614
information:	1615

(1) If a member, former member, retirant, contributor, or	1616
former contributor is subject to an order issued under section	1617
2907.15 of the Revised Code or an order issued under division (A)	1618
or (B) of section 2929.192 of the Revised Code or is convicted of	1619
or pleads guilty to a violation of section 2921.41 of the Revised	1620
Code, on written request of a prosecutor as defined in section	1621
2935.01 of the Revised Code, the board shall furnish to the	1622
prosecutor the information requested from the individual's	1623
personal history record.	1624

(2) Pursuant to a court or administrative order issued under	1625
section 3119.80, 3119.81, 3121.02, 3121.03, or 3123.06 of the	1626
Revised Code, the board shall furnish to a court or child support	1627
enforcement agency the information required under that section.	1628

(3) At the written request of any person, the board shall	1629
provide to the person a list of the names and addresses of	1630
members, former members, retirants, contributors, former	1631
contributors, or beneficiaries. The costs of compiling, copying,	1632
and mailing the list shall be paid by such person.	1633

(4) Within fourteen days after receiving from the director of	1634
job and family services a list of the names and social security	1635
numbers of recipients of public assistance pursuant to section	1636
5101.181 of the Revised Code, the board shall inform the auditor	1637
of state of the name, current or most recent employer address, and	1638
social security number of each member whose name and social	1639
security number are the same as that of a person whose name or	1640
social security number was submitted by the director. The board	1641
and its employees shall, except for purposes of furnishing the	1642
auditor of state with information required by this section,	1643
preserve the confidentiality of recipients of public assistance in	1644
compliance with division (A) of section 5101.181 of the Revised	1645
Code.	1646

(5) The system shall comply with orders issued under section	1647
3105.87 of the Revised Code.	1648

On the written request of an alternate payee, as defined in	1649
section 3105.80 of the Revised Code, the system shall furnish to	1650
the alternate payee information on the amount and status of any	1651
amounts payable to the alternate payee under an order issued under	1652
section 3105.171 or 3105.65 of the Revised Code.	1653

(6) At the request of any person, the board shall make	1654
available to the person copies of all documents, including	1655
resumes, in the board's possession regarding filling a vacancy of	1656
a contributing member or retired teacher member of the board. The	1657
person who made the request shall pay the cost of compiling,	1658
copying, and mailing the documents. The information described in	1659
this division is a public record.	1660

(F) A statement that contains information obtained from the	1661
system's records that is signed by an officer of the retirement	1662
system and to which the system's official seal is affixed, or	1663
copies of the system's records to which the signature and seal are	1664
attached, shall be received as true copies of the system's records	1665
in any court or before any officer of this state.	1666

Sec. 3307.372.  (A) Notwithstanding any other provision of	1667
this chapter, any payment of accumulated contributions standing to	1668
a person's credit under this chapter and any other amount or	1669
amounts to be paid to a person who is a contributor under this	1670
chapter upon the person's withdrawal of contributions pursuant to	1671
this chapter shall be subject to any forfeiture ordered under	1672
division (A) or (B) of section 2929.192 of the Revised Code, and	1673
the state teachers retirement system shall comply with that order	1674
in making the payment. Upon payment of the person's accumulated	1675
contributions and cancellation of the corresponding service	1676
credit, a person who is subject to the forfeiture described in	1677
this division may not restore the canceled service credit under	1678
this chapter or under Chapter 145., 742., 3305., 3309., or 5505.	1679
of the Revised Code.	1680

(B) Notwithstanding any other provision of this chapter, if	1681
the system receives notice pursuant to section 2901.43 of the	1682
Revised Code that a person who has accumulated contributions	1683
standing to the person's credit pursuant to this chapter is	1684
charged with any offense or violation listed or described in	1685
divisions (D)(1) to (3) of section 2929.192 of the Revised Code	1686
that is a felony in the circumstances specified in the particular	1687
division, all of the following apply:	1688

(1) No payment of those accumulated contributions or of any	1689
other amount or amounts to be paid to a person who is a	1690
contributor under this chapter upon the person's withdrawal of	1691
contributions pursuant to this chapter shall be made prior to	1692
whichever of the following is applicable:	1693

(a) If the person is convicted of or pleads guilty to the	1694
charge and forfeiture is ordered under division (A) or (B) of	1695
section 2929.192 of the Revised Code, the day on which the system	1696
receives from the court a copy of the journal entry of the	1697
offender's sentence under that section;	1698

(b) If the charge against the person is dismissed, the person	1699
is found not guilty of the charge, or the person is found not	1700
guilty by reason of insanity of the charge, the day on which the	1701
system receives notice of the final disposition of the charge.	1702

(2) The system shall not process any application for payment	1703
under this chapter from the person prior to the final disposition	1704
of the charge.	1705

Sec. 3307.41.  The right of an individual to a pension, an	1706
annuity, or a retirement allowance itself, the right of an	1707
individual to any optional benefit, or any other right or benefit	1708
accrued or accruing to any individual under this chapter, the	1709
various funds created by section 3307.14 of the Revised Code, and	1710
all moneys, investments, and income from moneys or investments are	1711
exempt from any state tax, except the tax imposed by section	1712
5747.02 of the Revised Code, and are exempt from any county,	1713
municipal, or other local tax, except taxes imposed pursuant to	1714
section 5748.02 or 5748.08 of the Revised Code, and, except as	1715
provided in sections 3105.171, 3105.65, 3115.32, 3119.80, 3119.81,	1716
3121.02, 3121.03, 3123.06, and 3307.37, and 3307.372 of the	1717
Revised Code, shall not be subject to execution, garnishment,	1718
attachment, the operation of bankruptcy or insolvency laws, or any	1719
other process of law whatsoever, and shall be unassignable except	1720
as specifically provided in this chapter or sections 3105.171,	1721
3105.65,,, and 3115.32, 3119.80, 3119.81, 3121.02, 3121.03, and	1722
3123.06 of the Revised Code.	1723

Sec. 3307.56.  (A)(1) Subject to sections 3307.37 and	1724
3307.561 of the Revised Code and except as provided in division	1725
(B)(2) of this section, a member participating in the plan	1726
described in sections 3307.50 to 3307.79 of the Revised Code who	1727
ceases to be a teacher for any cause other than death, retirement,	1728
receipt of a disability benefit, or current employment in a	1729
position in which the member has elected to participate in an	1730
alternative retirement plan under section 3305.05 or 3305.051 of	1731
the Revised Code, upon application, shall be paid the accumulated	1732
contributions standing to the credit of the member's individual	1733
account in the teachers' savings fund plus an amount calculated in	1734
accordance with section 3307.563 of the Revised Code. If the	1735
member or the member's legal representative cannot be found within	1736
ten years after the member ceased making contributions pursuant to	1737
section 3307.26 of the Revised Code, the accumulated contributions	1738
may be transferred to the guarantee fund and thereafter paid to	1739
the member, to the member's beneficiaries, or to the member's	1740
estate, upon proper application.	1741

(2) A member described in division (A)(1) of this section who	1742
is married at the time of application for payment and is eligible	1743
for age and service retirement under section 3307.58 or 3307.59 of	1744
the Revised Code or would be eligible for age and service	1745
retirement under either of those sections but for a forfeiture	1746
ordered under division (A) or (B) of section 2929.192 of the	1747
Revised Code shall submit with the application a written statement	1748
by the member's spouse attesting that the spouse consents to the	1749
payment of the member's accumulated contributions. Consent shall	1750
be valid only if it is signed and witnessed by a notary public. If	1751
the statement is not submitted under this division, the	1752
application shall be considered an application for service	1753
retirement and shall be subject to division (G)(1) of section	1754
3307.60 of the Revised Code.	1755

The state teachers retirement board may waive the requirement	1756
of consent if the spouse is incapacitated or cannot be located, or	1757
for any other reason specified by the board. Consent or waiver is	1758
effective only with regard to the spouse who is the subject of the	1759
consent or waiver.	1760

(B) This division applies to any member who is employed in a	1761
position in which the member has elected under section 3305.05 or	1762
3305.051 of the Revised Code to participate in an alternative	1763
retirement plan and due to the election ceases to be a teacher for	1764
the purposes of that position.	1765

Subject to sections 3307.37 and 3307.561 of the Revised Code,	1766
the state teachers retirement system shall do the following:	1767

(1) On receipt of a certified copy of an election under	1768
section 3305.05 or 3305.051 of the Revised Code, pay, in	1769
accordance with section 3305.052 of the Revised Code, the amount	1770
described in that section to the appropriate provider;	1771

(2) If a member has accumulated contributions, in addition to	1772
those subject to division (B)(1) of this section, standing to the	1773
credit of a member's individual account and is not otherwise in a	1774
position in which the member is considered a teacher for the	1775
purposes of that position, pay, to the provider the member	1776
selected pursuant to section 3305.05 or 3305.051 of the Revised	1777
Code, the accumulated contributions standing to the credit of the	1778
member's individual account in the teachers' saving fund plus an	1779
amount calculated in accordance with section 3307.80 of the	1780
Revised Code. The payment shall be made on the member's	1781
application.	1782

(C) Payment of a member's accumulated contributions under	1783
division (B) of this section cancels the member's total service	1784
credit in the state teachers retirement system. A member whose	1785
accumulated contributions are paid to a provider pursuant to	1786
division (B) of this section is forever barred from claiming or	1787
purchasing service credit under the state teachers retirement	1788
system for the period of employment attributable to those	1789
contributions.	1790

Sec. 3309.22.  (A)(1) As used in this division, "personal	1791
history record" means information maintained by the board on an	1792
individual who is a member, former member, contributor, former	1793
contributor, retirant, or beneficiary that includes the address,	1794
telephone number, social security number, record of contributions,	1795
correspondence with the system, and other information the board	1796
determines to be confidential.	1797

(2) The records of the board shall be open to public	1798
inspection, except for the following, which shall be excluded,	1799
except with the written authorization of the individual concerned:	1800

(a) The individual's statement of previous service and other	1801
information as provided for in section 3309.28 of the Revised	1802
Code;	1803

(b) Any information identifying by name and address the	1804
amount of a monthly allowance or benefit paid to the individual;	1805

(c) The individual's personal history record.

1806

(B) All medical reports and recommendations required by the	1807
system are privileged except that copies of such medical reports	1808
or recommendations shall be made available to the personal	1809
physician, attorney, or authorized agent of the individual	1810
concerned upon written release received from the individual or the	1811
individual's agent, or when necessary for the proper	1812
administration of the fund, to the board assigned physician.	1813

(C) Any person who is a contributor of the system shall be	1814
furnished, on written request, with a statement of the amount to	1815
the credit of the person's account. The board need not answer more	1816
than one such request of a person in any one year.	1817

(D) Notwithstanding the exceptions to public inspection in	1818
division (A)(2) of this section, the board may furnish the	1819
following information:	1820

(1) If a member, former member, contributor, former	1821
contributor, or retirant is subject to an order issued under	1822
section 2907.15 of the Revised Code or an order issued under	1823
division (A) or (B) of section 2929.192 of the Revised Code or is	1824
convicted of or pleads guilty to a violation of section 2921.41 of	1825
the Revised Code, on written request of a prosecutor as defined in	1826
section 2935.01 of the Revised Code, the board shall furnish to	1827
the prosecutor the information requested from the individual's	1828
personal history record.	1829

(2) Pursuant to a court or administrative order issued under	1830
section 3119.80, 3119.81, 3121.02, 3121.03, or 3123.06 of the	1831
Revised Code, the board shall furnish to a court or child support	1832
enforcement agency the information required under that section.	1833

(3) At the written request of any person, the board shall	1834
provide to the person a list of the names and addresses of	1835
members, former members, retirants, contributors, former	1836
contributors, or beneficiaries. The costs of compiling, copying,	1837
and mailing the list shall be paid by such person.	1838

(4) Within fourteen days after receiving from the director of	1839
job and family services a list of the names and social security	1840
numbers of recipients of public assistance pursuant to section	1841
5101.181 of the Revised Code, the board shall inform the auditor	1842
of state of the name, current or most recent employer address, and	1843
social security number of each contributor whose name and social	1844
security number are the same as that of a person whose name or	1845
social security number was submitted by the director. The board	1846
and its employees shall, except for purposes of furnishing the	1847
auditor of state with information required by this section,	1848
preserve the confidentiality of recipients of public assistance in	1849
compliance with division (A) of section 5101.181 of the Revised	1850
Code.	1851

(5) The system shall comply with orders issued under section	1852
3105.87 of the Revised Code.	1853

On the written request of an alternate payee, as defined in	1854
section 3105.80 of the Revised Code, the system shall furnish to	1855
the alternate payee information on the amount and status of any	1856
amounts payable to the alternate payee under an order issued under	1857
section 3105.171 or 3105.65 of the Revised Code.	1858

(6) At the request of any person, the board shall make	1859
available to the person copies of all documents, including	1860
resumes, in the board's possession regarding filling a vacancy of	1861
an employee member or retirant member of the board. The person who	1862
made the request shall pay the cost of compiling, copying, and	1863
mailing the documents. The information described in this division	1864
is a public record.	1865

(E) A statement that contains information obtained from the	1866
system's records that is signed by an officer of the retirement	1867
system and to which the system's official seal is affixed, or	1868
copies of the system's records to which the signature and seal are	1869
attached, shall be received as true copies of the system's records	1870
in any court or before any officer of this state.	1871

Sec. 3309.42.  (A)(1) Subject to sections 3309.43 and 3309.67	1872
of the Revised Code and except as provided in division (B) of this	1873
section, a member who elects to become exempt from contribution to	1874
the school employees retirement system pursuant to section	1875
3309.23 of the Revised Code, or ceases to be an employee for any	1876
cause other than death, retirement, receipt of a disability	1877
benefit, or current employment in a position in which the member	1878
has elected to participate in an alternative retirement plan	1879
pursuant to section 3305.05 or 3305.051 of the Revised Code,	1880
shall be paid the accumulated contributions standing to the credit	1881
of the member's individual account in the employees' savings fund	1882
upon application and subject to such rules as are established by	1883
the school employees retirement board and provided three months	1884
have elapsed since employment, other than employment exempt from	1885
contribution under division (C) of section 3309.23 of the Revised	1886
Code, ceased.	1887

(2) A member described in division (A)(1) of this section who	1888
is married at the time of application for payment and would be	1889
eligible for age and service retirement under section 3309.34,	1890
3309.36, or 3309.40 of the Revised Code but for a forfeiture	1891
ordered under division (A) or (B) of section 2929.192 of the	1892
Revised Code shall submit with the application a written statement	1893
by the member's spouse attesting that the spouse consents to the	1894
payment of the member's accumulated contributions. Consent shall	1895
be valid only if it is signed and witnessed by a notary public.	1896
The board may waive the requirement of consent if the spouse is	1897
incapacitated or cannot be located, or for any other reason	1898
specified by the board. Consent or waiver is effective only with	1899
regard to the spouse who is the subject of the consent or waiver.	1900

(B) This division applies to any member who is employed in a	1901
position in which the member has elected under section 3305.05 or	1902
3305.051 of the Revised Code to participate in an alternative	1903
retirement plan and due to the election ceases to be an employee	1904
for purposes of that position.	1905

Subject to sections 3309.43 and 3309.67 of the Revised Code,	1906
the school employees retirement system shall do the following:	1907

(1) On receipt of an election under section 3305.05 or	1908
3305.051 of the Revised Code, pay, in accordance with section	1909
3305.052 of the Revised Code, the amount described in that section	1910
to the appropriate provider;	1911

(2) If a member has accumulated contributions, in addition to	1912
those subject to division (B)(1) of this section, standing to the	1913
credit of the member's individual account and is not otherwise in	1914
a position in which the member is considered an employee for the	1915
purposes of that position, pay, to the provider the member	1916
selected pursuant to section 3305.05 or 3305.051 of the Revised	1917
Code, the accumulated contributions standing to the credit of the	1918
member's individual account in the employees' saving fund. The	1919
payment shall be made on the member's application.	1920

(C) Payment of a member's accumulated contributions under	1921
this section cancels the member's total service credit in the	1922
school employees retirement system. A member whose accumulated	1923
contributions are paid to a provider pursuant to division (B) of	1924
this section is forever barred from claiming or purchasing service	1925
credit under the school employees retirement system for the period	1926
of employment attributable to those contributions.	1927

Sec. 3309.66.  The right of an individual to a pension, an	1928
annuity, or a retirement allowance itself, the right of an	1929
individual to any optional benefit, any other right accrued or	1930
accruing to any individual under this chapter, the various funds	1931
created by section 3309.60 of the Revised Code, and all moneys,	1932
investments, and income from moneys and investments are exempt	1933
from any state tax, except the tax imposed by section 5747.02 of	1934
the Revised Code, and are exempt from any county, municipal, or	1935
other local tax, except taxes imposed pursuant to section 5748.02	1936
or 5748.08 of the Revised Code, and, except as provided in	1937
sections 3105.171, 3105.65, 3115.32, 3119.80, 3119.81, 3121.02,	1938
3121.03, 3123.06, and 3309.67, and 3309.672 of the Revised Code,	1939
shall not be subject to execution, garnishment, attachment, the	1940
operation of bankruptcy or insolvency laws, or any other process	1941
of law whatsoever, and shall be unassignable except as	1942
specifically provided in this chapter or and in sections and	1943
3105.171, 3105.65, 3115.32, 3119.80, 3119.81, 3121.02, 3121.03,	1944
and 3123.06 of the Revised Code.	1945

Sec. 3309.672.  (A) Notwithstanding any other provision of	1946
this chapter, any payment of accumulated contributions standing to	1947
a person's credit under this chapter and any other amount or	1948
amounts to be paid to a person who is a contributor under this	1949
chapter upon the person's withdrawal of contributions pursuant to	1950
this chapter shall be subject to any forfeiture ordered under	1951
division (A) or (B) of section 2929.192 of the Revised Code, and	1952
the school employees retirement system shall comply with that	1953
order in making the payment. Upon payment of the person's	1954
accumulated contributions and cancellation of the corresponding	1955
service credit, a person who is subject to the forfeiture	1956
described in this division may not restore the canceled service	1957
credit under this chapter or under Chapter 145., 742., 3305.,	1958
3307., or 5505. of the Revised Code.	1959

(B) Notwithstanding any other provision of this chapter, if	1960
the system receives notice pursuant to section 2901.43 of the	1961
Revised Code that a person who has accumulated contributions	1962
standing to the person's credit pursuant to this chapter is	1963
charged with any offense or violation listed or described in	1964
divisions (D)(1) to (3) of section 2929.192 of the Revised Code	1965
that is a felony in the circumstances specified in the particular	1966
division, all of the following apply:	1967

(1) No payment of those accumulated contributions or of any	1968
other amount or amounts to be paid to a person who is a	1969
contributor under this chapter upon the person's withdrawal of	1970
contributions pursuant to this chapter shall be made prior to	1971
whichever of the following is applicable:	1972

(a) If the person is convicted of or pleads guilty to the	1973
charge and forfeiture is ordered under division (A) or (B) of	1974
section 2929.192 of the Revised Code, the day on which the system	1975
receives from the court a copy of the journal entry of the	1976
offender's sentence under that section;	1977

(b) If the charge against the person is dismissed, the person	1978
is found not guilty of the charge, or the person is found not	1979
guilty by reason of insanity of the charge, the day on which the	1980
system receives notice of the final disposition of the charge.	1981

(2) The system shall not process any application for payment	1982
under this chapter from the person prior to the final disposition	1983
of the charge.	1984

Sec. 3309.82.  (A) Except as provided in division (B) of this	1985
section, sections 3309.02, 3309.021, and 3309.022 and sections	1986
3309.18 to 3309.70 of the Revised Code do not apply to a plan	1987
established under section 3309.81 of the Revised Code, except that	1988
a plan may incorporate provisions of those sections as specified	1989
in the plan document.	1990

(B) The following sections of Chapter 3309. of the Revised	1991
Code apply to a plan established under section 3309.81 of the	1992
Revised Code: sections 3309.19, 3309.21, 3309.22, 3309.23,	1993
3309.24, 3309.25, 3309.251, 3309.252, 3309.253, 3309.28, 3309.29,	1994
3309.341, 3309.3712, 3309.47, 3309.471, 3309.49, 3309.51, 3309.53,	1995
3309.54, 3309.55, 3309.56, 3309.57, 3309.571, 3309.58, 3309.59,	1996
3309.60, 3309.61, 3309.62, 3309.66, 3309.661, 3309.67, 3309.672,	1997
3309.68, and 3309.70 of the Revised Code.	1998

Sec. 3309.95.  Subject to sections 3309.341, 3309.66, and	1999
3309.67, and 3309.672 of the Revised Code, the right of a member	2000
participating in a plan established under section 3309.81 of the	2001
Revised Code to any payment or benefit accruing from contributions	2002
made by or on behalf of the member under sections 3309.85 and	2003
3309.86 of the Revised Code shall vest in accordance with this	2004
section.	2005

A member's right to any payment or benefit that is based on	2006
the member's contributions is nonforfeitable.	2007

A member's right to any payment or benefit that is based on	2008
contributions by the member's employer is nonforfeitable as	2009
specified by the plan selected by the member.	2010

Sec. 5505.04.  (A)(1) The general administration and	2011
management of the state highway patrol retirement system and the	2012
making effective of this chapter are hereby vested in the state	2013
highway patrol retirement board. The board may sue and be sued,	2014
plead and be impleaded, contract and be contracted with, and do	2015
all things necessary to carry out this chapter.	2016

The board shall consist of the following members:

2017

(a) The superintendent of the state highway patrol;

2018

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

2019

(c) Five employee-members;

2020

(d) One member, known as the treasurer of state's investment	2021
designee, who shall be appointed by the treasurer of state for a	2022
term of four years and who shall have the following	2023
qualifications:	2024

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

2025

(ii) Within the three years immediately preceding the	2026
appointment, the member has not been employed by the public	2027
employees retirement system, police and fire pension fund, state	2028
teachers retirement system, school employees retirement system, or	2029
state highway patrol retirement system or by any person,	2030
partnership, or corporation that has provided to one of those	2031
retirement systems services of a financial or investment nature,	2032
including the management, analysis, supervision, or investment of	2033
assets.	2034

(iii) The member has direct experience in the management,	2035
analysis, supervision, or investment of assets.	2036

(iv) The member is not currently employed by the state or a	2037
political subdivision of the state.	2038

(e) Two investment expert members, who shall be appointed to	2039
four-year terms. One investment expert member shall be appointed	2040
by the governor, and one investment expert member shall be jointly	2041
appointed by the speaker of the house of representatives and the	2042
president of the senate. Each investment expert member shall have	2043
the following qualifications:	2044

(i) Each investment expert member shall be a resident of this	2045
state.	2046

(ii) Within the three years immediately preceding the	2047
appointment, each investment expert member shall not have been	2048
employed by the public employees retirement system, police and	2049
fire pension fund, state teachers retirement system, school	2050
employees retirement system, or state highway patrol retirement	2051
system or by any person, partnership, or corporation that has	2052
provided to one of those retirement systems services of a	2053
financial or investment nature, including the management,	2054
analysis, supervision, or investment of assets.	2055

(iii) Each investment expert member shall have direct	2056
experience in the management, analysis, supervision, or investment	2057
of assets.	2058

(2) The board shall annually elect a chairperson and	2059
vice-chairperson from among its members. The vice-chairperson	2060
shall act as chairperson in the absence of the chairperson. A	2061
majority of the members of the board shall constitute a quorum and	2062
any action taken shall be approved by a majority of the members of	2063
the board. The board shall meet not less than once each year, upon	2064
sufficient notice to the members. All meetings of the board shall	2065
be open to the public except executive sessions as set forth in	2066
division (G) of section 121.22 of the Revised Code, and any	2067
portions of any sessions discussing medical records or the degree	2068
of disability of a member excluded from public inspection by this	2069
section.	2070

(3) Any investment expert member appointed to fill a vacancy	2071
occurring prior to the expiration of the term for which the	2072
member's predecessor was appointed holds office until the end of	2073
such term. The member continues in office subsequent to the	2074
expiration date of the member's term until the member's successor	2075
takes office, or until a period of sixty days has elapsed,	2076
whichever occurs first.	2077

(B) The attorney general shall prescribe procedures for the	2078
adoption of rules authorized under this chapter, consistent with	2079
the provision of section 111.15 of the Revised Code under which	2080
all rules shall be filed in order to be effective. Such procedures	2081
shall establish methods by which notice of proposed rules are	2082
given to interested parties and rules adopted by the board	2083
published and otherwise made available. When it files a rule with	2084
the joint committee on agency rule review pursuant to section	2085
111.15 of the Revised Code, the board shall submit to the Ohio	2086
retirement study council a copy of the full text of the rule, and	2087
if applicable, a copy of the rule summary and fiscal analysis	2088
required by division (B) of section 127.18 of the Revised Code.	2089

(C)(1) As used in this division, "personal history record"	2090
means information maintained by the board on an individual who is	2091
a member, former member, retirant, or beneficiary that includes	2092
the address, telephone number, social security number, record of	2093
contributions, correspondence with the system, and other	2094
information the board determines to be confidential.	2095

(2) The records of the board shall be open to public	2096
inspection, except for the following which shall be excluded: the	2097
member's, former member's, retirant's, or beneficiary's personal	2098
history record and the amount of a monthly allowance or benefit	2099
paid to a retirant, beneficiary, or survivor, except with the	2100
written authorization of the individual concerned. All medical	2101
reports and recommendations are privileged except that copies of	2102
such medical reports or recommendations shall be made available to	2103
the individual's personal physician, attorney, or authorized agent	2104
upon written release received from such individual or such	2105
individual's agent, or when necessary for the proper	2106
administration of the fund to the board-assigned physician.	2107

(D) Notwithstanding the exceptions to public inspection in	2108
division (C)(2) of this section, the board may furnish the	2109
following information:	2110

(1) If a member, former member, or retirant is subject to an	2111
order issued under section 2907.15 of the Revised Code or an order	2112
issued under division (A) or (B) of section 2929.192 of the	2113
Revised Code or is convicted of or pleads guilty to a violation of	2114
section 2921.41 of the Revised Code, on written request of a	2115
prosecutor as defined in section 2935.01 of the Revised Code, the	2116
board shall furnish to the prosecutor the information requested	2117
from the individual's personal history record.	2118

(2) Pursuant to a court order issued under Chapters 3119.,	2119
3121., and 3123. of the Revised Code, the board shall furnish to a	2120
court or child support enforcement agency the information required	2121
under those chapters.	2122

(3) At the written request of any nonprofit organization or	2123
association providing services to retirement system members,	2124
retirants, or beneficiaries, the board shall provide to the	2125
organization or association a list of the names and addresses of	2126
members, former members, retirants, or beneficiaries if the	2127
organization or association agrees to use such information solely	2128
in accordance with its stated purpose of providing services to	2129
such individuals and not for the benefit of other persons,	2130
organizations, or associations. The costs of compiling, copying,	2131
and mailing the list shall be paid by such entity.	2132

(4) Within fourteen days after receiving from the director of	2133
job and family services a list of the names and social security	2134
numbers of recipients of public assistance pursuant to section	2135
5101.181 of the Revised Code, the board shall inform the auditor	2136
of state of the name, current or most recent employer address, and	2137
social security number of each member whose name and social	2138
security number are the same as those of a person whose name or	2139
social security number was submitted by the director. The board	2140
and its employees, except for purposes of furnishing the auditor	2141
of state with information required by this section, shall preserve	2142
the confidentiality of recipients of public assistance in	2143
compliance with division (A) of section 5101.181 of the Revised	2144
Code.	2145

(5) The system shall comply with orders issued under section	2146
3105.87 of the Revised Code.	2147

On the written request of an alternate payee, as defined in	2148
section 3105.80 of the Revised Code, the system shall furnish to	2149
the alternate payee information on the amount and status of any	2150
amounts payable to the alternate payee under an order issued under	2151
section 3105.171 or 3105.65 of the Revised Code.	2152

(6) At the request of any person, the board shall make	2153
available to the person copies of all documents, including	2154
resumes, in the board's possession regarding filling a vacancy of	2155
an employee member or retirant member of the board. The person who	2156
made the request shall pay the cost of compiling, copying, and	2157
mailing the documents. The information described in this division	2158
is a public record.	2159

(E) A statement that contains information obtained from the	2160
system's records that is certified and signed by an officer of the	2161
retirement system and to which the system's official seal is	2162
affixed, or copies of the system's records to which the signature	2163
and seal are attached, shall be received as true copies of the	2164
system's records in any court or before any officer of this state.	2165

Sec. 5505.19.  Subject to section 5505.26 of the Revised	2166
Code, a member of the state highway patrol retirement system who	2167
ceases to be an employee of the state highway patrol for any cause	2168
except death, disability, or retirement, upon application filed in	2169
writing with the state highway patrol retirement board, shall be	2170
paid the accumulated contributions, less interest, standing to the	2171
credit of the member's individual account in the employees'	2172
savings fund. Except as otherwise provided in this chapter, five	2173
years after a member ceases to be an employee of the patrol any	2174
balance of accumulated contributions standing to the member's	2175
credit in the employees' savings fund shall be transferred to the	2176
income fund and after that shall be paid from that fund to the	2177
member, or in the case of a deceased member or retirant who dies	2178
leaving no surviving spouse or dependent children or parents,	2179
shall be paid from that fund to the estate of the deceased member	2180
or retirant, upon application to the board.	2181

A member described in this section who is married at the time	2182
of application for payment and would be eligible for age and	2183
service retirement under section 5505.16 or 5505.17 of the Revised	2184
Code but for a forfeiture ordered under division (A) or (B) of	2185
section 2929.192 of the Revised Code shall submit with the	2186
application a written statement by the member's spouse attesting	2187
that the spouse consents to the payment of the member's	2188
accumulated contributions. Consent shall be valid only if it is	2189
signed and witnessed by a notary public. The board may waive the	2190
requirement of consent if the spouse is incapacitated or cannot be	2191
located, or for any other reason specified by the board. Consent	2192
or waiver is effective only with regard to the spouse who is the	2193
subject of the consent or waiver.	2194

Sec. 5505.22.  The right of any individual to a pension, or	2195
to the return of accumulated contributions, payable as provided	2196
under this chapter, and all moneys and investments of the state	2197
highway patrol retirement system and income from moneys or	2198
investments are exempt from any state tax, except the tax imposed	2199
by section 5747.02 of the Revised Code, and are exempt from any	2200
county, municipal, or other local tax, except taxes imposed	2201
pursuant to section 5748.02 or 5748.08 of the Revised Code, and,	2202
except as provided in sections 3105.171, 3105.65, 3115.32,	2203
3119.80, 3119.81, 3121.02, 3121.03, 3123.06, and 5505.26, and	2204
5505.262 of the Revised Code, shall not be subject to execution,	2205
garnishment, attachment, the operation of bankruptcy or insolvency	2206
laws, or any other process of law whatsoever, and shall be	2207
unassignable except as specifically provided in this chapter.	2208

Sec. 5505.262.  (A) Notwithstanding any other provision of	2209
this chapter, any payment of accumulated contributions standing to	2210
a person's credit under this chapter and any other amount or	2211
amounts to be paid to a person who is a contributor under this	2212
chapter upon the person's withdrawal of contributions pursuant to	2213
this chapter shall be subject to any forfeiture ordered under	2214
division (A) or (B) of section 2929.192 of the Revised Code, and	2215
the state highway patrol retirement system shall comply with that	2216
order in making the payment. Upon payment of the person's	2217
accumulated contributions and cancellation of the corresponding	2218
service credit, a person who is subject to the forfeiture	2219
described in this division may not restore the canceled service	2220
credit under this chapter or under Chapter 145., 742., 3305.,	2221
3307., or 3309. of the Revised Code.	2222

(B) Notwithstanding any other provision of this chapter, if	2223
the system receives notice pursuant to section 2901.43 of the	2224
Revised Code that a person who has accumulated contributions	2225
standing to the person's credit pursuant to this chapter is	2226
charged with any offense or violation listed or described in	2227
divisions (D)(1) to (3) of section 2929.192 of the Revised Code	2228
that is a felony in the circumstances specified in the particular	2229
division, all of the following apply:	2230

(1) No payment of those accumulated contributions or of any	2231
other amount or amounts to be paid to a person who is a	2232
contributor under this chapter upon the person's withdrawal of	2233
contributions pursuant to this chapter shall be made prior to	2234
whichever of the following is applicable:	2235

(a) If the person is convicted of or pleads guilty to the	2236
charge and forfeiture is ordered under division (A) or (B) of	2237
section 2929.192 of the Revised Code, the day on which the system	2238
receives from the court a copy of the journal entry of the	2239
offender's sentence under that section;	2240

(b) If the charge against the person is dismissed, the person	2241
is found not guilty of the charge, or the person is found not	2242
guilty by reason of insanity of the charge, the day on which the	2243
system receives notice of the final disposition of the charge.	2244

(2) The system shall not process any application for payment	2245
under this chapter from the person prior to the final disposition	2246
of the charge.	2247

Section 2. That existing sections 145.27, 145.40, 145.56,	2248
145.82, 145.95, 742.37, 742.41, 742.47, 2329.66, 2967.16,	2249
2967.17, 3305.07, 3307.20, 3307.41, 3307.56, 3309.22, 3309.42,	2250
3309.66, 3309.82, 3309.95, 5505.04, 5505.19, and 5505.22 of the	2251
Revised Code are hereby repealed.	2252

Section 3. (A) Notwithstanding division (D)(3) of section	2253
121.41 of the Revised Code, the Inspector General shall	2254
investigate the management and operation of the Office of the	2255
Attorney General to determine whether misconduct or wrongful acts	2256
or omissions have been committed or are being committed by the	2257
Attorney General or by present or former employees of or	2258
contractors with the Office of the Attorney General. ("Wrongful	2259
act or omission" has the meaning defined in division (G) of	2260
section 121.41 of the Revised Code.) In conducting the	2261
investigation:	2262

(1) The Inspector General and each deputy inspector general	2263
may administer oaths, examine witnesses under oath, and issue	2264
subpoenas and subpoenas duces tecum to compel the attendance of	2265
witnesses and the production of all kinds of books, records,	2266
papers, and tangible things. Upon the refusal of a witness to be	2267
sworn or to answer any question put to the witness, or if a person	2268
disobeys a subpoena, the Inspector General shall apply to the	2269
court of common pleas for a contempt order, as in the case of	2270
disobedience to the requirements of a subpoena issued from the	2271
court of common pleas, or a refusal to testify in the court.	2272

(2) The Inspector General shall identify other state officers	2273
and agencies that also are conducting contemporaneous	2274
investigations, audits, reviews, or evaluations of the Office of	2275
the Attorney General. The Inspector General is entitled to	2276
coordinate and manage these investigations, audits, reviews, and	2277
evaluations. A state officer or agency that is conducting such an	2278
investigation, audit, review, or evaluation shall cooperate with	2279
the Inspector General in this regard. The Inspector General and	2280
each state officer or agency that is conducting such an	2281
investigation, audit, review, or evaluation shall share	2282
information and avoid duplication of effort.	2283

(B) At the conclusion of the investigation, the Inspector	2284
General shall prepare a detailed final report of the results of	2285
the investigation. The Inspector General shall submit the final	2286
report to the Governor, to the Speaker of the House of	2287
Representatives, and to the President of the Senate. The	2288
authority vested in the Inspector General by this section	2289
terminates when the final report has been submitted.	2290

(C) The Inspector General may enter into any contracts that	2291
are necessary to complete the investigation. The contracts may	2292
include contracts for the services of persons who are experts in a	2293
particular field and whose expertise is necessary to successful	2294
completion of the investigation.	2295

Section 4. That Section 305.10 of Am. Sub. H.B. 119 of the	2296
127th General Assembly be amended to read as follows:	2297

Sec. 305.10. IGO OFFICE OF THE INSPECTOR GENERAL

2298

General Revenue Fund	2299

GRF	965-321		Operating Expenses		$	1,367,372 1,617,372		$	1,437,901		2300
TOTAL GRF General Revenue Fund					$	1,367,372 1,617,372		$	1,437,901		2301

General Services Fund Group	2302

4Z3	965-602		Special Investigations		$	425,000		$	425,000		2303
TOTAL GSF General Services Fund Group					$	425,000		$	425,000		2304
TOTAL ALL BUDGET FUND GROUPS					$	1,792,372 2,042,372		$	1,862,901		2305

INVESTIGATION OF OFFICE OF ATTORNEY GENERAL

2306

Of the foregoing appropriation item 965-321, Operating	2307
Expenses, $250,000 in fiscal year 2008 shall be used to conduct an	2308
investigation of the Office of the Attorney General under Section	2309
3 of this act. On or before June 30, 2008, any unencumbered	2310
amounts allocated for the investigation of the Office of the	2311
Attorney General are appropriated for the same purpose in fiscal	2312
year 2009.	2313

Section 5. That existing Section 305.10 of Am. Sub. H.B. 119	2314
of the 127th General Assembly is hereby repealed.	2315

Section 6. The General Assembly, applying the principle	2316
stated in division (B) of section 1.52 of the Revised Code that	2317
amendments are to be harmonized if reasonably capable of	2318
simultaneous operation, finds that the following sections,	2319
presented in this act as composites of the sections as amended by	2320
the acts indicated, are the resulting versions of the sections in	2321
effect prior to the effective date of the sections as presented in	2322
this act:	2323

Section 742.47 of the Revised Code as amended by both Sub.	2324
H.B. 535 and Am. Sub. S.B. 180 of the 123rd General Assembly.	2325

Section 3307.41 of the Revised Code as amended by both Sub.	2326
H.B. 535 and Am. Sub. S.B. 180 of the 123rd General Assembly.	2327

Section 3309.66 of the Revised Code as amended by Sub. H.B.	2328
535, Am. Sub. S.B. 180, and Sub. S.B. 270 of the 123rd General	2329
Assembly.	2330

Section 5505.22 of the Revised Code as amended by both Sub.	2331
H.B. 535 and Am. Sub. S.B. 180 of the 123rd General Assembly.	2332

Section 7. This act is hereby declared to be an emergency	2333
measure necessary for the immediate preservation of the public	2334
peace, health, and safety. The reason for such necessity lies in	2335
the fact that it is essential that an investigation, conducted and	2336
coordinated by the Inspector General, commence as soon as possible	2337
to investigate alleged misconduct and wrongful acts and omissions	2338
in the Office of the Attorney General. Therefore, this act shall	2339
go into immediate effect.	2340