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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
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 |
(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 |
(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 |
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. 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 |
(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 |
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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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) "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 |
(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 |
(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 |
(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 |
(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 |
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 |
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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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) "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 |
(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 |
(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 |
(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 |
(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 |
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 |
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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
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 |
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 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 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 |