As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 219

Senator Grendell 

Cosponsor: Senator Schaffer 

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A BILL

To amend sections 145.27, 145.56, 145.561, 145.82,

1

145.95, 742.41, 742.46, 742.47, 742.64, 2329.66,

2

2929.192, 3305.07, 3305.20, 3305.22, 3307.20,

3

3307.41, 3307.42, 3309.22, 3309.66, 3309.661,

4

3309.82, 3309.95, 5505.04, 5505.22, and 5505.34

5

and to enact sections 145.573, 742.464, 2929.193,

6

3305.12, 3307.373, 3309.673, and 5505.263 of the

7

Revised Code regarding termination of the

8

disability benefit of a state retirement system

9

member convicted of certain felonies committed

10

while serving in a position of honor, trust, or

11

profit.

12

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

Section 1.  That sections 145.27, 145.56, 145.561, 145.82,	13
145.95, 742.41, 742.46, 742.47, 742.64, 2329.66, 2929.192,	14
3305.07, 3305.20, 3305.22, 3307.20, 3307.41, 3307.42, 3309.22,	15
3309.66, 3309.661, 3309.82, 3309.95, 5505.04, 5505.22, and 5505.34	16
be amended and sections 145.573, 742.464, 2929.193, 3305.12,	17
3307.373, 3309.673, and 5505.263 of the Revised Code be enacted to	18
read as follows:	19

Sec. 145.27.  (A)(1) As used in this division, "personal	20
history record" means information maintained by the public	21
employees retirement board on an individual who is a member,	22
former member, contributor, former contributor, retirant, or	23
beneficiary that includes the address, telephone number, social	24
security number, record of contributions, correspondence with the	25
public employees retirement system, or other information the board	26
determines to be confidential.	27

(2) The records of the board shall be open to public	28
inspection, except that the following shall be excluded, except	29
with the written authorization of the individual concerned:	30

(a) The individual's statement of previous service and other	31
information as provided for in section 145.16 of the Revised Code;	32

(b) The amount of a monthly allowance or benefit paid to the	33
individual;	34

(c) The individual's personal history record.

35

(B) All medical reports and recommendations required by this	36
chapter are privileged, except that copiesas follows:	37

(1) Copies of such medical reports or recommendations shall	38
be made available to the personal physician, attorney, or	39
authorized agent of the individual concerned upon written release	40
from the individual or the individual's agent, or when necessary	41
for the proper administration of the fund, to the board assigned	42
physician.	43

(2) Notice required by section 145.573 of the Revised Code	44
shall be provided to the prosecutor described in that section.	45

(3) Documentation required by section 2929.193 of the Revised	46
Code shall be provided to a court holding a hearing under that	47
section.	48

(C) Any person who is a member or contributor of the system	49
shall be furnished with a statement of the amount to the credit of	50
the individual's account upon written request. The board is not	51
required to answer more than one such request of a person in any	52
one year. The board may issue annual statements of accounts to	53
members and contributors.	54

(D) Notwithstanding the exceptions to public inspection in	55
division (A)(2) of this section, the board may furnish the	56
following information:	57

(1) If a member, former member, contributor, former	58
contributor, or retirant is subject to an order issued under	59
section 2907.15 of the Revised Code or an order issued under	60
division (A) or (B) of section 2929.192 of the Revised Code or is	61
convicted of or pleads guilty to a violation of section 2921.41 of	62
the Revised Code, on written request of a prosecutor as defined in	63
section 2935.01 of the Revised Code, the board shall furnish to	64
the prosecutor the information requested from the individual's	65
personal history record.	66

(2) Pursuant to a court or administrative order issued	67
pursuant to Chapter 3119., 3121., 3123., or 3125. of the Revised	68
Code, the board shall furnish to a court or child support	69
enforcement agency the information required under that section.	70

(3) At the written request of any person, the board shall	71
provide to the person a list of the names and addresses of	72
members, former members, contributors, former contributors,	73
retirants, or beneficiaries. The costs of compiling, copying, and	74
mailing the list shall be paid by such person.	75

(4) Within fourteen days after receiving from the director of	76
job and family services a list of the names and social security	77
numbers of recipients of public assistance pursuant to section	78
5101.181 of the Revised Code, the board shall inform the auditor	79
of state of the name, current or most recent employer address, and	80
social security number of each member whose name and social	81
security number are the same as that of a person whose name or	82
social security number was submitted by the director. The board	83
and its employees shall, except for purposes of furnishing the	84
auditor of state with information required by this section,	85
preserve the confidentiality of recipients of public assistance in	86
compliance with division (A) of section 5101.181 of the Revised	87
Code.	88

(5) The system shall comply with orders issued under section	89
3105.87 of the Revised Code.	90

On the written request of an alternate payee, as defined in	91
section 3105.80 of the Revised Code, the system shall furnish to	92
the alternate payee information on the amount and status of any	93
amounts payable to the alternate payee under an order issued under	94
section 3105.171 or 3105.65 of the Revised Code.	95

(6) At the request of any person, the board shall make	96
available to the person copies of all documents, including	97
resumes, in the board's possession regarding filling a vacancy of	98
an employee member or retirant member of the board. The person who	99
made the request shall pay the cost of compiling, copying, and	100
mailing the documents. The information described in division	101
(D)(6) of this section is a public record.	102

(E) A statement that contains information obtained from the	103
system's records that is signed by the executive director or an	104
officer of the system and to which the system's official seal is	105
affixed, or copies of the system's records to which the signature	106
and seal are attached, shall be received as true copies of the	107
system's records in any court or before any officer of this state.	108

Sec. 145.56.  The right of an individual to a pension, an	109
annuity, or a retirement allowance itself, the right of an	110
individual to any optional benefit, any other right accrued or	111
accruing to any individual, under this chapter, or under any	112
municipal retirement system established subject to this chapter	113
under the laws of this state or any charter, the various funds	114
created by this chapter, or under such municipal retirement	115
system, and all moneys, investments, and income from moneys or	116
investments are exempt from any state tax, except the tax imposed	117
by section 5747.02 of the Revised Code and are exempt from any	118
county, municipal, or other local tax, except taxes imposed	119
pursuant to section 5748.02 or 5748.08 of the Revised Code and,	120
except as provided in sections 145.57, 145.572, 145.573, 3105.171,	121
3105.65, and 3115.32 and Chapters 3119., 3121., 3123., and 3125.	122
of the Revised Code, shall not be subject to execution,	123
garnishment, attachment, the operation of bankruptcy or insolvency	124
laws, or other process of law whatsoever, and shall be	125
unassignable except as specifically provided in this chapter and	126
sections 3105.171, 3105.65, and 3115.32 and Chapters 3119., 3121.,	127
3123., and 3125. of the Revised Code.	128

Sec. 145.561. TheExcept as provided in section 145.573 of	129
the Revised Code, the granting of a retirement allowance, annuity,	130
pension, or other benefit to any person pursuant to action of the	131
public employees retirement board vests a right in such person, so	132
long as hethe person remains the recipient of any benefit of the	133
funds established by section 145.23 of the Revised Code, to	134
receive such retirement allowance, annuity, pension, or other	135
benefit at the rate fixed at the time of granting such retirement	136
allowance, annuity, pension, or other benefit. Such right shall	137
also be vested with equal effect in the recipient of a grant	138
heretofore made from any of the funds named in section 145.23 of	139
the Revised Code.	140

Sec. 145.573.  Notwithstanding any other provision of this	141
chapter, a disability benefit granted under this chapter is	142
subject to an order issued under section 2929.193 of the Revised	143
Code. The public employees retirement board shall comply with the	144
order.	145

On receipt of notice under section 2901.43 of the Revised	146
Code that a public employees retirement system member is charged	147
with an offense listed in division (D) of section 2929.192 of the	148
Revised Code under the circumstances specified in that division,	149
the system shall determine whether the member has been granted a	150
disability benefit. If so, the system shall send written notice to	151
the prosecutor assigned to the case that the member has been	152
granted a disability benefit under this chapter and may be subject	153
to section 2929.193 of the Revised Code.	154

Sec. 145.82.  (A) Except as provided in divisions (B) and (C)	155
of this section, sections 145.201 to 145.70 of the Revised Code do	156
not apply to a PERS defined contribution plan, except that a PERS	157
defined contribution plan may incorporate provisions of those	158
sections as specified in the plan document.	159

(B) The following sections of Chapter 145. of the Revised	160
Code apply to a PERS defined contribution plan: 145.22, 145.221,	161
145.23, 145.25, 145.26, 145.27, 145.296, 145.38, 145.382, 145.383,	162
145.384, 145.391, 145.47, 145.48, 145.483, 145.51, 145.52, 145.53,	163
145.54, 145.55, 145.56, 145.563, 145.57, 145.571, 145.572,	164
145.573, 145.69, and 145.70 of the Revised Code.	165

(C) A PERS defined contribution plan that includes definitely	166
determinable benefits may incorporate by reference all or part of	167
sections 145.201 to 145.79 of the Revised Code to allow a member	168
participating in the plan to purchase service credit or to be	169
eligible for any of the following:	170

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

171

(2) Health or long-term care insurance or any other type of	172
health care benefit;	173

(3) Additional increases under section 145.323 of the Revised	174
Code;	175

(4) A refund of contributions made by or on behalf of a	176
member.	177

With respect to the benefits described in division (C)(1) of	178
this section, the public employees retirement board may establish	179
eligibility requirements and benefit formulas or amounts that	180
differ from those of members participating in the PERS defined	181
benefit plan. With respect to the purchase of service credit by a	182
member participating in a PERS defined contribution plan, the	183
board may reduce the cost of the service credit to reflect the	184
different benefit formula established for the member.	185

Sec. 145.95.  Subject to sections 145.38, 145.56, 145.57,	186
and 145.572, and 145.573 of the Revised Code, the right of a	187
member participating in a PERS defined contribution plan to any	188
payment or benefit accruing from contributions made by or on	189
behalf of the member under sections 145.85 and 145.86 of the	190
Revised Code shall vest in accordance with this section.	191

A member's right to any payment or benefit that is based on	192
the member's contributions is nonforfeitable.	193

A member's right to any payment or benefit that is based on	194
contributions by the member's employer is nonforfeitable as	195
specified by the plan selected by the member.	196

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

197

(1) "Other system retirant" has the same meaning as in	198
section 742.26 of the Revised Code.	199

(2) "Personal history record" includes a member's, former	200
member's, or other system retirant's name, address, telephone	201
number, social security number, record of contributions,	202
correspondence with the Ohio police and fire pension fund, status	203
of any application for benefits, and any other information deemed	204
confidential by the trustees of the fund.	205

(B) The treasurer of state shall furnish annually to the	206
board of trustees of the fund a sworn statement of the amount of	207
the funds in the treasurer of state's custody belonging to the	208
Ohio police and fire pension fund. The records of the fund shall	209
be open for public inspection except for the following, which	210
shall be excluded, except with the written authorization of the	211
individual concerned:	212

(1) The individual's personal history record;

213

(2) Any information identifying, by name and address, the	214
amount of a monthly allowance or benefit paid to the individual.	215

(C) All medical reports and recommendations required are	216
privileged, except that copiesas follows:	217

(1) Copies of such medical reports or recommendations shall	218
be made available to the personal physician, attorney, or	219
authorized agent of the individual concerned upon written release	220
received from the individual or the individual's agent or, when	221
necessary for the proper administration of the fund, to the	222
board-assigned physician.	223

(2) Notice required by section 742.464 of the Revised Code	224
shall be provided to the prosecutor described in that section.	225

(3) Documentation required by section 2929.193 of the Revised	226
Code shall be provided to a court holding a hearing under that	227
section.	228

(D) Any person who is a member of the fund or an other system	229
retirant shall be furnished with a statement of the amount to the	230
credit of the person's individual account upon the person's	231
written request. The fund need not answer more than one such	232
request of a person in any one year.	233

(E) Notwithstanding the exceptions to public inspection in	234
division (B) of this section, the fund may furnish the following	235
information:	236

(1) If a member, former member, or other system retirant is	237
subject to an order issued under section 2907.15 of the Revised	238
Code or an order issued under division (A) or (B) of section	239
2929.192 of the Revised Code or is convicted of or pleads guilty	240
to a violation of section 2921.41 of the Revised Code, on written	241
request of a prosecutor as defined in section 2935.01 of the	242
Revised Code, the fund shall furnish to the prosecutor the	243
information requested from the individual's personal history	244
record.	245

(2) Pursuant to a court order issued pursuant to Chapter	246
3119., 3121., 3123., or 3125. of the Revised Code, the fund shall	247
furnish to a court or child support enforcement agency the	248
information required under that section.	249

(3) At the request of any organization or association of	250
members of the fund, the fund shall provide a list of the names	251
and addresses of members of the fund and other system retirants.	252
The fund shall comply with the request of such organization or	253
association at least once a year and may impose a reasonable	254
charge for the list.	255

(4) Within fourteen days after receiving from the director of	256
job and family services a list of the names and social security	257
numbers of recipients of public assistance pursuant to section	258
5101.181 of the Revised Code, the fund shall inform the auditor of	259
state of the name, current or most recent employer address, and	260
social security number of each member or other system retirant	261
whose name and social security number are the same as that of a	262
person whose name or social security number was submitted by the	263
director. The fund and its employees shall, except for purposes of	264
furnishing the auditor of state with information required by this	265
section, preserve the confidentiality of recipients of public	266
assistance in compliance with division (A) of section 5101.181 of	267
the Revised Code.	268

(5) The fund shall comply with orders issued under section	269
3105.87 of the Revised Code.	270

On the written request of an alternate payee, as defined in	271
section 3105.80 of the Revised Code, the fund shall furnish to the	272
alternate payee information on the amount and status of any	273
amounts payable to the alternate payee under an order issued under	274
section 3105.171 or 3105.65 of the Revised Code.	275

(6) At the request of any person, the fund shall make	276
available to the person copies of all documents, including	277
resumes, in the fund's possession regarding filling a vacancy of a	278
police officer employee member, firefighter employee member,	279
police retirant member, or firefighter retirant member of the	280
board of trustees. The person who made the request shall pay the	281
cost of compiling, copying, and mailing the documents. The	282
information described in this division is a public record.	283

(F) A statement that contains information obtained from the	284
fund's records that is signed by the secretary of the board of	285
trustees of the Ohio police and fire pension fund and to which the	286
board's official seal is affixed, or copies of the fund's records	287
to which the signature and seal are attached, shall be received as	288
true copies of the fund's records in any court or before any	289
officer of this state.	290

Sec. 742.46.  The granting of a benefit or pension to any	291
person under sections 742.01 to 742.61 of the Revised Code, other	292
than a person participating in the deferred retirement option plan	293
established under section 742.43 of the Revised Code, vests a	294
right in such person to obtain and receive the amount of such	295
benefit or pension granted to the person subject to sections	296
742.01 to 742.61 of the Revised Code. Subject to sectionsections	297
742.444 and 742.464 of the Revised Code, a person participating in	298
the deferred retirement option plan vests in the right to obtain	299
and receive the amount accrued to the benefit of the person when	300
the person ceases participating in the plan.	301

Such right may be enforced by an action in mandamus	302
instituted in the court of common pleas in the county in which the	303
person granted such benefit or pension resides.	304

Sec. 742.464.  Notwithstanding any other provision of this	305
chapter, a disability benefit granted under this chapter is	306
subject to an order issued under section 2929.193 of the Revised	307
Code. The board of trustees of the Ohio police and fire pension	308
fund shall comply with the order.	309

On receipt of notice under section 2901.43 of the Revised	310
Code that an Ohio police and fire pension fund member is charged	311
with an offense listed in division (D) of section 2929.192 of the	312
Revised Code under the circumstances specified in that division,	313
the fund shall determine whether the member has been granted a	314
disability benefit. If so, the fund shall send written notice to	315
the prosecutor assigned to the case that the member has been	316
granted a disability benefit under this chapter and may be subject	317
to section 2929.193 of the Revised Code.	318

Sec. 742.47.  Except as provided in sections 742.461,	319
742.463, 742.464, 3105.171, 3105.65, and 3115.32 and Chapters	320
3119., 3121., 3123., and 3125. of the Revised Code, sums of money	321
due or to become due to any individual from the Ohio police and	322
fire pension fund are not liable to attachment, garnishment, levy,	323
or seizure under any legal or equitable process or any other	324
process of law whatsoever, whether those sums remain with the	325
treasurer of the fund or any officer or agent of the board of	326
trustees of the fund or are in the course of transmission to the	327
individual entitled to them, but shall inure wholly to the benefit	328
of that individual.	329

Sec. 742.64. As used in this section, "alternate payee,"	330
"benefit," and "lump sum payment" have the same meanings as in	331
section 3105.80 of the Revised Code.	332

If a person who is a disability benefit recipient or an	333
alternate payee, as defined in section 3105.80 of the Revised	334
Code, is paid any amount from a benefit or lump sum payment under	335
an order issued under section 3105.171 or 3105.65 of the Revised	336
Code by the Ohio police and fire pension fund to which the person	337
is not entitled, the person shall repay the fund. If the person	338
fails to repay, the fund shall withhold the amount due from any	339
benefit or payment due the person under the order or may collect	340
the amount in any other manner provided by law.	341

Sec. 2329.66.  (A) Every person who is domiciled in this	342
state may hold property exempt from execution, garnishment,	343
attachment, or sale to satisfy a judgment or order, as follows:	344

(1)(a) In the case of a judgment or order regarding money	345
owed for health care services rendered or health care supplies	346
provided to the person or a dependent of the person, one parcel or	347
item of real or personal property that the person or a dependent	348
of the person uses as a residence. Division (A)(1)(a) of this	349
section does not preclude, affect, or invalidate the creation	350
under this chapter of a judgment lien upon the exempted property	351
but only delays the enforcement of the lien until the property is	352
sold or otherwise transferred by the owner or in accordance with	353
other applicable laws to a person or entity other than the	354
surviving spouse or surviving minor children of the judgment	355
debtor. Every person who is domiciled in this state may hold	356
exempt from a judgment lien created pursuant to division (A)(1)(a)	357
of this section the person's interest, not to exceed twenty	358
thousand two hundred dollars, in the exempted property.	359

(b) In the case of all other judgments and orders, the	360
person's interest, not to exceed twenty thousand two hundred	361
dollars, in one parcel or item of real or personal property that	362
the person or a dependent of the person uses as a residence.	363

(2) The person's interest, not to exceed three thousand two	364
hundred twenty-five dollars, in one motor vehicle;	365

(3) The person's interest, not to exceed four hundred	366
dollars, in cash on hand, money due and payable, money to become	367
due within ninety days, tax refunds, and money on deposit with a	368
bank, savings and loan association, credit union, public utility,	369
landlord, or other person, other than personal earnings.	370

(4)(a) The person's interest, not to exceed five hundred	371
twenty-five dollars in any particular item or ten thousand seven	372
hundred seventy-five dollars in aggregate value, in household	373
furnishings, household goods, wearing apparel, appliances, books,	374
animals, crops, musical instruments, firearms, and hunting and	375
fishing equipment that are held primarily for the personal,	376
family, or household use of the person;	377

(b) The person's aggregate interest in one or more items of	378
jewelry, not to exceed one thousand three hundred fifty dollars,	379
held primarily for the personal, family, or household use of the	380
person or any of the person's dependents.	381

(5) The person's interest, not to exceed an aggregate of two	382
thousand twenty-five dollars, in all implements, professional	383
books, or tools of the person's profession, trade, or business,	384
including agriculture;	385

(6)(a) The person's interest in a beneficiary fund set apart,	386
appropriated, or paid by a benevolent association or society, as	387
exempted by section 2329.63 of the Revised Code;	388

(b) The person's interest in contracts of life or endowment	389
insurance or annuities, as exempted by section 3911.10 of the	390
Revised Code;	391

(c) The person's interest in a policy of group insurance or	392
the proceeds of a policy of group insurance, as exempted by	393
section 3917.05 of the Revised Code;	394

(d) The person's interest in money, benefits, charity,	395
relief, or aid to be paid, provided, or rendered by a fraternal	396
benefit society, as exempted by section 3921.18 of the Revised	397
Code;	398

(e) The person's interest in the portion of benefits under	399
policies of sickness and accident insurance and in lump sum	400
payments for dismemberment and other losses insured under those	401
policies, as exempted by section 3923.19 of the Revised Code.	402

(7) The person's professionally prescribed or medically	403
necessary health aids;	404

(8) The person's interest in a burial lot, including, but not	405
limited to, exemptions under section 517.09 or 1721.07 of the	406
Revised Code;	407

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

408

(a) Moneys paid or payable for living maintenance or rights,	409
as exempted by section 3304.19 of the Revised Code;	410

(b) Workers' compensation, as exempted by section 4123.67 of	411
the Revised Code;	412

(c) Unemployment compensation benefits, as exempted by	413
section 4141.32 of the Revised Code;	414

(d) Cash assistance payments under the Ohio works first	415
program, as exempted by section 5107.75 of the Revised Code;	416

(e) Benefits and services under the prevention, retention,	417
and contingency program, as exempted by section 5108.08 of the	418
Revised Code;	419

(f) Disability financial assistance payments, as exempted by	420
section 5115.06 of the Revised Code;	421

(g) Payments under section 24 or 32 of the "Internal Revenue	422
Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended.	423

(10)(a) Except in cases in which the person was convicted of	424
or pleaded guilty to a violation of section 2921.41 of the Revised	425
Code and in which an order for the withholding of restitution from	426
payments was issued under division (C)(2)(b) of that section, in	427
cases in which an order for withholding was issued under section	428
2907.15 of the Revised Code, and in cases in which an order for	429
forfeiture was issued under division (A) or (B) of section	430
2929.192 of the Revised Code, and in cases in which an order was	431
issued under 2929.193 of the Revised Code, and only to the extent	432
provided in the order, and except as provided in sections	433
3105.171, 3105.63, 3119.80, 3119.81, 3121.02, 3121.03, and 3123.06	434
of the Revised Code, the person's right to a pension, benefit,	435
annuity, retirement allowance, or accumulated contributions, the	436
person's right to a participant account in any deferred	437
compensation program offered by the Ohio public employees deferred	438
compensation board, a government unit, or a municipal corporation,	439
or the person's other accrued or accruing rights, as exempted by	440
section 145.56, 146.13, 148.09, 742.47, 3307.41, 3309.66, or	441
5505.22 of the Revised Code, and the person's right to benefits	442
from the Ohio public safety officers death benefit fund;	443

(b) Except as provided in sections 3119.80, 3119.81, 3121.02,	444
3121.03, and 3123.06 of the Revised Code, the person's right to	445
receive a payment under any pension, annuity, or similar plan or	446
contract, not including a payment from a stock bonus or	447
profit-sharing plan or a payment included in division (A)(6)(b) or	448
(10)(a) of this section, on account of illness, disability, death,	449
age, or length of service, to the extent reasonably necessary for	450
the support of the person and any of the person's dependents,	451
except if all the following apply:	452

(i) The plan or contract was established by or under the	453
auspices of an insider that employed the person at the time the	454
person's rights under the plan or contract arose.	455

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

456

(iii) The plan or contract is not qualified under the	457
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as	458
amended.	459

(c) Except for any portion of the assets that were deposited	460
for the purpose of evading the payment of any debt and except as	461
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	462
3123.06 of the Revised Code, the person's right in the assets held	463
in, or to receive any payment under, any individual retirement	464
account, individual retirement annuity, "Roth IRA," or education	465
individual retirement account that provides benefits by reason of	466
illness, disability, death, or age, to the extent that the assets,	467
payments, or benefits described in division (A)(10)(c) of this	468
section are attributable to any of the following:	469

(i) Contributions of the person that were less than or equal	470
to the applicable limits on deductible contributions to an	471
individual retirement account or individual retirement annuity in	472
the year that the contributions were made, whether or not the	473
person was eligible to deduct the contributions on the person's	474
federal tax return for the year in which the contributions were	475
made;	476

(ii) Contributions of the person that were less than or equal	477
to the applicable limits on contributions to a Roth IRA or	478
education individual retirement account in the year that the	479
contributions were made;	480

(iii) Contributions of the person that are within the	481
applicable limits on rollover contributions under subsections 219,	482
402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B),	483
408A(d)(3), and 530(d)(5) of the "Internal Revenue Code of 1986,"	484
100 Stat. 2085, 26 U.S.C.A. 1, as amended.	485

(d) Except for any portion of the assets that were deposited	486
for the purpose of evading the payment of any debt and except as	487
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	488
3123.06 of the Revised Code, the person's right in the assets held	489
in, or to receive any payment under, any Keogh or "H.R. 10" plan	490
that provides benefits by reason of illness, disability, death, or	491
age, to the extent reasonably necessary for the support of the	492
person and any of the person's dependents.	493

(11) The person's right to receive spousal support, child	494
support, an allowance, or other maintenance to the extent	495
reasonably necessary for the support of the person and any of the	496
person's dependents;	497

(12) The person's right to receive, or moneys received during	498
the preceding twelve calendar months from, any of the following:	499

(a) An award of reparations under sections 2743.51 to 2743.72	500
of the Revised Code, to the extent exempted by division (D) of	501
section 2743.66 of the Revised Code;	502

(b) A payment on account of the wrongful death of an	503
individual of whom the person was a dependent on the date of the	504
individual's death, to the extent reasonably necessary for the	505
support of the person and any of the person's dependents;	506

(c) Except in cases in which the person who receives the	507
payment is an inmate, as defined in section 2969.21 of the Revised	508
Code, and in which the payment resulted from a civil action or	509
appeal against a government entity or employee, as defined in	510
section 2969.21 of the Revised Code, a payment, not to exceed	511
twenty thousand two hundred dollars, on account of personal bodily	512
injury, not including pain and suffering or compensation for	513
actual pecuniary loss, of the person or an individual for whom the	514
person is a dependent;	515

(d) A payment in compensation for loss of future earnings of	516
the person or an individual of whom the person is or was a	517
dependent, to the extent reasonably necessary for the support of	518
the debtor and any of the debtor's dependents.	519

(13) Except as provided in sections 3119.80, 3119.81,	520
3121.02, 3121.03, and 3123.06 of the Revised Code, personal	521
earnings of the person owed to the person for services in an	522
amount equal to the greater of the following amounts:	523

(a) If paid weekly, thirty times the current federal minimum	524
hourly wage; if paid biweekly, sixty times the current federal	525
minimum hourly wage; if paid semimonthly, sixty-five times the	526
current federal minimum hourly wage; or if paid monthly, one	527
hundred thirty times the current federal minimum hourly wage that	528
is in effect at the time the earnings are payable, as prescribed	529
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	530
U.S.C. 206(a)(1), as amended;	531

(b) Seventy-five per cent of the disposable earnings owed to	532
the person.	533

(14) The person's right in specific partnership property, as	534
exempted by division (B)(3) of section 1775.24 of the Revised Code	535
or the person's rights in a partnership pursuant to section	536
1776.50 of the Revised Code, except as otherwise set forth in	537
section 1776.50 of the Revised Code;	538

(15) A seal and official register of a notary public, as	539
exempted by section 147.04 of the Revised Code;	540

(16) The person's interest in a tuition unit or a payment	541
under section 3334.09 of the Revised Code pursuant to a tuition	542
payment contract, as exempted by section 3334.15 of the Revised	543
Code;	544

(17) Any other property that is specifically exempted from	545
execution, attachment, garnishment, or sale by federal statutes	546
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11	547
U.S.C.A. 101, as amended;	548

(18) The person's aggregate interest in any property, not to	549
exceed one thousand seventy-five dollars, except that division	550
(A)(18) of this section applies only in bankruptcy proceedings.	551

(B) On April 1, 2010, and on the first day of April in each	552
third calendar year after 2010, each dollar amount set forth in	553
this section shall be adjusted, when determining the amount that	554
is exempt from execution, garnishment, attachment, or sale	555
pursuant to this section, to reflect the change in the consumer	556
price index for all urban consumers, as published by the United	557
States department of labor, or, if that index is no longer	558
published, a generally available comparable index, for the	559
three-year period ending on the thirty-first day of December of	560
the preceding year. Any adjustments required by this division	561
shall be rounded to the nearest twenty-five dollars.	562

(C) As used in this section:

563

(1) "Disposable earnings" means net earnings after the	564
garnishee has made deductions required by law, excluding the	565
deductions ordered pursuant to section 3119.80, 3119.81, 3121.02,	566
3121.03, or 3123.06 of the Revised Code.	567

(2) "Insider" means:

568

(a) If the person who claims an exemption is an individual, a	569
relative of the individual, a relative of a general partner of the	570
individual, a partnership in which the individual is a general	571
partner, a general partner of the individual, or a corporation of	572
which the individual is a director, officer, or in control;	573

(b) If the person who claims an exemption is a corporation, a	574
director or officer of the corporation; a person in control of the	575
corporation; a partnership in which the corporation is a general	576
partner; a general partner of the corporation; or a relative of a	577
general partner, director, officer, or person in control of the	578
corporation;	579

(c) If the person who claims an exemption is a partnership, a	580
general partner in the partnership; a general partner of the	581
partnership; a person in control of the partnership; a partnership	582
in which the partnership is a general partner; or a relative in, a	583
general partner of, or a person in control of the partnership;	584

(d) An entity or person to which or whom any of the following	585
applies:	586

(i) The entity directly or indirectly owns, controls, or	587
holds with power to vote, twenty per cent or more of the	588
outstanding voting securities of the person who claims an	589
exemption, unless the entity holds the securities in a fiduciary	590
or agency capacity without sole discretionary power to vote the	591
securities or holds the securities solely to secure to debt and	592
the entity has not in fact exercised the power to vote.	593

(ii) The entity is a corporation, twenty per cent or more of	594
whose outstanding voting securities are directly or indirectly	595
owned, controlled, or held with power to vote, by the person who	596
claims an exemption or by an entity to which division (C)(2)(d)(i)	597
of this section applies.	598

(iii) A person whose business is operated under a lease or	599
operating agreement by the person who claims an exemption, or a	600
person substantially all of whose business is operated under an	601
operating agreement with the person who claims an exemption.	602

(iv) The entity operates the business or all or substantially	603
all of the property of the person who claims an exemption under a	604
lease or operating agreement.	605

(e) An insider, as otherwise defined in this section, of a	606
person or entity to which division (C)(2)(d)(i), (ii), (iii), or	607
(iv) of this section applies, as if the person or entity were a	608
person who claims an exemption;	609

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

610

(3) "Participant account" has the same meaning as in section	611
148.01 of the Revised Code.	612

(4) "Government unit" has the same meaning as in section	613
148.06 of the Revised Code.	614

(D) For purposes of this section, "interest" shall be	615
determined as follows:	616

(1) In bankruptcy proceedings, as of the date a petition is	617
filed with the bankruptcy court commencing a case under Title 11	618
of the United States Code;	619

(2) In all cases other than bankruptcy proceedings, as of the	620
date of an appraisal, if necessary under section 2329.68 of the	621
Revised Code, or the issuance of a writ of execution.	622

An interest, as determined under division (D)(1) or (2) of	623
this section, shall not include the amount of any lien otherwise	624
valid pursuant to section 2329.661 of the Revised Code.	625

Sec. 2929.192. (A) If an offender is being sentenced for any	626
felony offense listed in division (D) of this section that was	627
committed on or after the effective date of this sectionMay 13,	628
2008, if the offender committed the offense while serving in a	629
position of honor, trust, or profit, and if the offender, at the	630
time of the commission of the offense, was a member of any public	631
retirement system or a participant in an alternative retirement	632
plan, in addition to any other sanction it imposes under section	633
2929.14, 2929.15, 2929.16, 2929.17, or 2929.18 of the Revised Code	634
but subject to division (B) of this section, the court shall order	635
the forfeiture to the public retirement system or alternative	636
retirement plan in which the offender was a member or participant	637
of the offender's right to a retirement allowance, pension,	638
disability benefit, or other right or benefit, other than payment	639
of the offender's accumulated contributions, earned by reason of	640
the offender's being a member of the public retirement system or	641
alternative retirement plan. A forfeiture ordered under this	642
division is part of, and shall be included in, the sentence of the	643
offender. The court shall send a copy of the journal entry	644
imposing sentence on the offender to the appropriate public	645
retirement system or alternative retirement plan in which the	646
offender was a member or participant.	647

(B) In any case in which a sentencing court is required to	648
order forfeiture of an offender's right to a retirement allowance,	649
pension, disability benefit, or other right or benefit under	650
division (A) of this section, the offender may request a hearing	651
regarding the forfeiture by delivering to the court prior to	652
sentencing a written request for a hearing. If a request for a	653
hearing is made by the offender prior to sentencing, the court	654
shall conduct the hearing before sentencing. The court shall	655
notify the offender, the prosecutor who handled the case in which	656
the offender was convicted of or pleaded guilty to the offense for	657
which the forfeiture order was imposed, and the appropriate public	658
retirement system, or alternative retirement plan provider,	659
whichever is applicable, or, if more than one is specified in the	660
motion, the applicable combination of these, of the hearing. A	661
hearing scheduled under this division shall be limited to a	662
consideration of whether there is good cause based on evidence	663
presented by the offender for the forfeiture order not to be	664
issued. If the court determines based on evidence presented by the	665
offender that there is good cause for the forfeiture order not to	666
be issued, the court shall not issue the forfeiture order. If the	667
offender does not request a hearing prior to sentencing or if the	668
court conducts a hearing but does not determine based on evidence	669
presented by the offender that there is good cause for the	670
forfeiture order not to be issued, the court shall order the	671
forfeiture described in division (A) of this section in accordance	672
with that division and shall send a copy of the journal entry	673
imposing sentence on the offender to the appropriate public	674
retirement system or alternative retirement plan in which the	675
offender was a member or participant.	676

(C) Upon receipt of a copy of the journal entry imposing	677
sentence on an offender under division (A) or (B) of this section	678
that contains an order of forfeiture of a type described in that	679
division, the public retirement system or alternative retirement	680
plan in which the offender was a member or participant shall	681
comply with the forfeiture order on application for a refund of	682
the accumulated contributions of the member or participant.	683

(D) Division (A) of this section applies regarding an	684
offender who is convicted of or pleads guilty to any of the	685
following offenses committed on or after the effective date of	686
this sectionMay 13, 2008, that is a felony and who committed the	687
offense while serving in a position of honor, trust, or profit:	688

(1) A violation of section 2921.02 or 2923.32 of the Revised	689
Code or a violation of section 2921.41 of the Revised Code that is	690
a felony of the third degree;	691

(2) A violation of an existing or former municipal ordinance	692
or law of this or any other state or the United States that is	693
substantially equivalent to any violation listed in division	694
(D)(1) of this section;	695

(3) A conspiracy to commit, attempt to commit, or complicity	696
in committing any violation listed in division (D)(1) or described	697
in division (D)(2) of this section.	698

(E) For purposes of divisions (A) and (D) of this section, a	699
violation of section 2923.32 of the Revised Code or any other	700
violation or offense that includes as an element a course of	701
conduct or the occurrence of multiple acts is "committed on or	702
after the effective date of this sectionMay 13, 2008," if the	703
course of conduct continues, one or more of the multiple acts	704
occurs, or the subject person's accountability for the course of	705
conduct or for one or more of the multiple acts continues, on or	706
after the effective date of this sectionMay 13, 2008.	707

(F) As used in this section:

708

(1) "Position(a) For the period beginning May 13, 2008, and	709
ending the day before the effective date of this amendment,	710
"position of honor, trust, or profit" means any of the following:	711

(a)(i) An elective office of the state or any political	712
subdivision of the state;	713

(b)(ii) A position on any board or commission of the state	714
that is appointed by the governor or the attorney general;	715

(c)(iii) A position as a public official or employee, as	716
defined in section 102.01 of the Revised Code, who is required to	717
file a disclosure statement under section 102.02 of the Revised	718
Code;	719

(d)(iv) A position as a prosecutor, as defined in section	720
2935.01 of the Revised Code;	721

(e)(v) A position as a peace officer, as defined in section	722
2935.01 of the Revised Code, or as the superintendent or a trooper	723
of the state highway patrol.	724

(b) On and after the effective date of this amendment,	725
"position of honor, trust, or profit" has the same meaning as in	726
division (F)(1)(a) of this section, except that it also includes a	727
position in which, in the course of public employment, an employee	728
has control over the expenditure of public funds of one hundred	729
thousand dollars or more annually.	730

(2) "Public retirement system" and "alternative retirement	731
plan" have the same meanings as in section 2907.15 of the Revised	732
Code.	733

(3) "Accumulated contributions" means whichever of the	734
following is applicable:	735

(a) Regarding an offender who is a member of the public	736
employees retirement system, except as otherwise provided in	737
division (F)(3)(a) of this section, "accumulated contributions"	738
has the same meaning as in section 145.01 of the Revised Code. For	739
a member participating in a PERS defined contribution plan,	740
"accumulated contributions" means the contributions made under	741
section 145.85 of the Revised Code and any earnings on those	742
contributions. For a member participating in a PERS defined	743
contribution plan that includes definitely determinable benefits,	744
"accumulated contributions" means the contributions made under	745
section 145.85 of the Revised Code, any earnings on those	746
contributions, and additionally any amounts paid by the member to	747
purchase service credits.	748

(b) Regarding an offender who is or was a member of the Ohio	749
police and fire pension fund, "accumulated contributions" means	750
the amount payable to a member under division (G) of section	751
742.37 of the Revised Code.	752

(c) Regarding an offender who is a member of the state	753
teachers retirement system, except as otherwise provided in	754
division (F)(3)(c) of this section, "accumulated contributions"	755
has the same meaning as in section 3307.50 of the Revised Code.	756
For a member participating in an STRS defined contribution plan,	757
"accumulated contributions" means the contributions made under	758
section 3307.26 of the Revised Code to participate in a plan	759
established under section 3307.81 of the Revised Code and any	760
earnings on those contributions. For a member participating in a	761
STRS defined contribution plan that includes definitely	762
determinable benefits, "accumulated contributions" means the	763
contributions made under section 3307.26 of the Revised Code to	764
participate in a plan established under section 3307.81 of the	765
Revised Code, any earnings on those contributions, and	766
additionally any amounts paid by the member to purchase service	767
credits.	768

(d) Regarding an offender who is or was a member of the	769
school employees retirement system, "accumulated contributions"	770
has the same meaning as in section 3309.01 of the Revised Code and	771
also includes employee contributions made under section 3309.85 of	772
the Revised Code and any earnings on those contributions.	773

(e) Regarding an offender who is or was a member of the state	774
highway patrol retirement system, "accumulated contributions" has	775
the same meaning as in section 5505.01 of the Revised Code.	776

(f) Regarding an offender who is or was participating in an	777
alternative retirement plan, "accumulated contributions" means the	778
amounts contributed to an alternative retirement plan	779
participant's account by the plan participant pursuant to section	780
3305.06 of the Revised Code and any earnings on those	781
contributions.	782

Sec. 2929.193.  (A) As used in this section:

783

(1) "Position of honor, trust, or profit" has the same	784
meaning as in division (F)(1)(b) of section 2929.192 of the	785
Revised Code.	786

(2) "Public retirement system," "alternative retirement	787
plan," and "prosecutor" have the same meanings as in section	788
2907.15 of the Revised Code.	789

(B) This section applies to an offender to whom all of the	790
following apply:	791

(1) The offender is being sentenced for an offense listed in	792
division (D) of section 2929.192 of the Revised Code that is a	793
felony and was committed on or after the effective date of this	794
section.	795

(2) The offense was committed while the offender was serving	796
in a position of honor, trust, or profit.	797

(3) At the time of the offense, the offender was one of the	798
following:	799

(a) A member of a public retirement system;

800

(b) A contributor to a public retirement system receiving or	801
eligible to receive a benefit under section 145.384, 742.26,	802
3307.352, or 3309.344 of the Revised Code;	803

(c) A participant in an alternative retirement plan.

804

(4) Prior to the final disposition of the case, the offender	805
was granted a disability benefit by a public retirement system or	806
alternative retirement plan.	807

(C)(1) Prior to sentencing an offender subject to this	808
section, the court shall hold a hearing regarding the condition	809
for which the offender was granted a disability benefit. Not later	810
than ten days prior to the scheduled date of the hearing, the	811
court shall give written notice of the hearing to the offender,	812
the prosecutor who handled the case, and the appropriate public	813
retirement system, alternative retirement plan provider, or, if	814
more than one is providing a disability benefit, the applicable	815
combination of these. The hearing shall be limited to a	816
consideration of whether the offender's disabling condition arose	817
out of the commission of the offense the offender was convicted of	818
or pleaded guilty to.	819

The system or provider shall submit to the court	820
documentation of the evidence on which the offender's disability	821
benefit was granted. If the court determines based on that	822
evidence that the disabling condition arose out of the commission	823
of the offense the offender was convicted of or pleaded guilty to,	824
the court shall order the system or provider to terminate the	825
disability benefit.	826

(2) Any disability benefit paid the offender prior to its	827
termination may be recovered in accordance with section 145.563,	828
742.64, 3305.22, 3307.47, 3309.70, or 5505.34 of the Revised Code.	829

(D) For purposes of this section, a violation of section	830
2923.32 of the Revised Code or any other violation or offense that	831
includes as an element a course of conduct or the occurrence of	832
multiple acts is "committed on or after the effective date of this	833
section" if the course of conduct continues, one or more of the	834
multiple acts occurs, or the offender's accountability for the	835
course of conduct or for one or more of the multiple acts	836
continues on or after the effective date of this section.	837

Sec. 3305.07.  (A) Neither the state nor a public institution	838
of higher education shall be a party to any contract purchased in	839
whole or in part with contributions to an alternative retirement	840
plan made under section 3305.06 of the Revised Code. No	841
retirement, death, or other benefits shall be payable by the state	842
or by any public institution of higher education under any	843
alternative retirement plan elected pursuant to this chapter.	844

(B)(1) Except as provided under division (B)(2) of this	845
section and sections 3305.08, 3305.09, and 3305.11, and 3305.12 of	846
the Revised Code, benefits shall be paid to an electing employee	847
or the employee's beneficiaries in accordance with the alternative	848
retirement plan adopted by the public institution of higher	849
education at which the employee is employed.	850

(2) A benefit or payment shall not be paid under an	851
investment option prior to the time an electing employee dies,	852
terminates employment with the public institution of higher	853
education, or, if provided under the alternative retirement plan	854
or investment option, becomes disabled, except that the provider	855
of the investment option shall transfer the employee's account	856
balance to another provider as provided under section 3305.053 of	857
the Revised Code.	858

Sec. 3305.12.  Notwithstanding any other provision of an	859
alternative retirement plan provided under this chapter, a	860
disability benefit granted under the alternative retirement plan	861
is subject to an order issued under section 2929.193 of the	862
Revised Code. The entity providing the alternative retirement plan	863
shall comply with the order.	864

On receipt of notice under section 2901.43 of the Revised	865
Code that an alternative retirement plan participant is charged	866
with an offense listed in division (D) of section 2929.192 of the	867
Revised Code under the circumstances specified in that division,	868
the entity shall determine whether the participant has been	869
granted a disability benefit. If so, the entity shall send written	870
notice to the prosecutor assigned to the case that the participant	871
has been granted a disability benefit under an alternative	872
retirement plan and may be subject to section 2929.193 of the	873
Revised Code.	874

Sec. 3305.20.  As used in this section, "personal history	875
record" means information maintained by the entity providing an	876
alternative retirement plan on an individual who participates in	877
the plan that includes the address, telephone number, social	878
security number, record of contributions, correspondence with the	879
plan, or other information the entity providing the plan	880
determines to be confidential.	881

The entity shall comply with orders issued under section	882
3105.87 of the Revised Code requiring it to provide information	883
from a participant's personal history record.	884

OnThe entity shall furnish information as follows:

885

(1) On the written request of an alternate payee, as defined	886
in section 3105.80 of the Revised Code, the entity providing the	887
alternative retirement plan shall furnish to the alternate payee	888
information on the amount and status of any amounts payable to the	889
alternate payee under an order issued under section 3105.171 or	890
3105.65 of the Revised Code.	891

(2) Notice required by section 3305.12 of the Revised Code	892
shall be provided to the prosecutor described in that section.	893

(3) Documentation required by section 2929.193 of the Revised	894
Code shall be provided to a court holding a hearing under that	895
section.	896

Sec. 3305.22. As used in this section, "alternate payee" has	897
the same meaning as in section 3105.80 of the Revised Code.	898

If a person who is a disability benefit recipient or an	899
alternate payee, as defined in section 3105.80 of the Revised	900
Code, is paid any amount under an order issued under section	901
3105.171 or 3105.65 of the Revised Code to which the person is not	902
entitled by an entity providing an alternative retirement plan,	903
the person shall repay the entity. If the person fails to repay,	904
the entity shall withhold the amount from any benefit or payment	905
due the person under the order or may collect the amount in any	906
other manner provided by law.	907

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

908

(1) "Personal history record" means information maintained by	909
the state teachers retirement board on an individual who is a	910
member, former member, contributor, former contributor, retirant,	911
or beneficiary that includes the address, telephone number, social	912
security number, record of contributions, correspondence with the	913
state teachers retirement system, or other information the board	914
determines to be confidential.	915

(2) "Retirant" has the same meaning as in section 3307.50 of	916
the Revised Code.	917

(B) The records of the board shall be open to public	918
inspection, except for the following, which shall be excluded,	919
except with the written authorization of the individual concerned:	920

(1) The individual's personal records provided for in section	921
3307.23 of the Revised Code;	922

(2) The individual's personal history record;

923

(3) Any information identifying, by name and address, the	924
amount of a monthly allowance or benefit paid to the individual.	925

(C) All medical reports and recommendations under sections	926
3307.62, 3307.64, and 3307.66 of the Revised Code are privileged,	927
except that copiesas follows:	928

(1) Copies of such medical reports or recommendations shall	929
be made available to the personal physician, attorney, or	930
authorized agent of the individual concerned upon written release	931
received from the individual or the individual's agent, or, when	932
necessary for the proper administration of the fund, to the board	933
assigned physician.	934

(2) Notice required by section 3307.373 of the Revised Code	935
shall be provided to the prosecutor described in that section.	936

(3) Documentation required by section 2929.193 of the Revised	937
Code shall be provided to a court holding a hearing under that	938
section.	939

(D) Any person who is a member or contributor of the system	940
shall be furnished, on written request, with a statement of the	941
amount to the credit of the person's account. The board need not	942
answer more than one request of a person in any one year.	943

(E) Notwithstanding the exceptions to public inspection in	944
division (B) of this section, the board may furnish the following	945
information:	946

(1) If a member, former member, retirant, contributor, or	947
former contributor is subject to an order issued under section	948
2907.15 of the Revised Code or an order issued under division (A)	949
or (B) of section 2929.192 of the Revised Code or is convicted of	950
or pleads guilty to a violation of section 2921.41 of the Revised	951
Code, on written request of a prosecutor as defined in section	952
2935.01 of the Revised Code, the board shall furnish to the	953
prosecutor the information requested from the individual's	954
personal history record.	955

(2) Pursuant to a court or administrative order issued under	956
section 3119.80, 3119.81, 3121.02, 3121.03, or 3123.06 of the	957
Revised Code, the board shall furnish to a court or child support	958
enforcement agency the information required under that section.	959

(3) At the written request of any person, the board shall	960
provide to the person a list of the names and addresses of	961
members, former members, retirants, contributors, former	962
contributors, or beneficiaries. The costs of compiling, copying,	963
and mailing the list shall be paid by such person.	964

(4) Within fourteen days after receiving from the director of	965
job and family services a list of the names and social security	966
numbers of recipients of public assistance pursuant to section	967
5101.181 of the Revised Code, the board shall inform the auditor	968
of state of the name, current or most recent employer address, and	969
social security number of each member whose name and social	970
security number are the same as that of a person whose name or	971
social security number was submitted by the director. The board	972
and its employees shall, except for purposes of furnishing the	973
auditor of state with information required by this section,	974
preserve the confidentiality of recipients of public assistance in	975
compliance with division (A) of section 5101.181 of the Revised	976
Code.	977

(5) The system shall comply with orders issued under section	978
3105.87 of the Revised Code.	979

On the written request of an alternate payee, as defined in	980
section 3105.80 of the Revised Code, the system shall furnish to	981
the alternate payee information on the amount and status of any	982
amounts payable to the alternate payee under an order issued under	983
section 3105.171 or 3105.65 of the Revised Code.	984

(6) At the request of any person, the board shall make	985
available to the person copies of all documents, including	986
resumes, in the board's possession regarding filling a vacancy of	987
a contributing member or retired teacher member of the board. The	988
person who made the request shall pay the cost of compiling,	989
copying, and mailing the documents. The information described in	990
this division is a public record.	991

(F) A statement that contains information obtained from the	992
system's records that is signed by an officer of the retirement	993
system and to which the system's official seal is affixed, or	994
copies of the system's records to which the signature and seal are	995
attached, shall be received as true copies of the system's records	996
in any court or before any officer of this state.	997

Sec. 3307.373.  Notwithstanding any other provision of this	998
chapter, a disability benefit granted under this chapter is	999
subject to an order issued under section 2929.193 of the Revised	1000
Code. The state teachers retirement board shall comply with the	1001
order.	1002

On receipt of notice under section 2901.43 of the Revised	1003
Code that a state teachers retirement system member is charged	1004
with an offense listed in division (D) of section 2929.192 of the	1005
Revised Code under the circumstances specified in that division,	1006
the system shall determine whether the member has been granted a	1007
disability benefit. If so, the system shall send written notice to	1008
the prosecutor assigned to the case that the member has been	1009
granted a disability benefit under this chapter and may be subject	1010
to section 2929.193 of the Revised Code.	1011

Sec. 3307.41.  The right of an individual to a pension, an	1012
annuity, or a retirement allowance itself, the right of an	1013
individual to any optional benefit, or any other right or benefit	1014
accrued or accruing to any individual under this chapter, the	1015
various funds created by section 3307.14 of the Revised Code, and	1016
all moneys, investments, and income from moneys or investments are	1017
exempt from any state tax, except the tax imposed by section	1018
5747.02 of the Revised Code, and are exempt from any county,	1019
municipal, or other local tax, except taxes imposed pursuant to	1020
section 5748.02 or 5748.08 of the Revised Code, and, except as	1021
provided in sections 3105.171, 3105.65, 3115.32, 3119.80, 3119.81,	1022
3121.02, 3121.03, 3123.06, 3307.37, and 3307.372, and 3307.373 of	1023
the Revised Code, shall not be subject to execution, garnishment,	1024
attachment, the operation of bankruptcy or insolvency laws, or any	1025
other process of law whatsoever, and shall be unassignable except	1026
as specifically provided in this chapter or sections 3105.171,	1027
3105.65, 3115.32, 3119.80, 3119.81, 3121.02, 3121.03, and 3123.06	1028
of the Revised Code.	1029

Sec. 3307.42. TheExcept as provided in section 3307.373 of	1030
the Revised Code, the granting to any person of an allowance,	1031
annuity, or pension, as defined in sectionor other benefit under	1032
the plan described in sections 3307.50 to 3307.79 of the Revised	1033
Code, or the granting of a benefit under a plan established under	1034
section 3307.81 of the Revised Code, pursuant to an action of the	1035
state teachers' retirement board vests a right in such person, so	1036
long as the person remains the beneficiary of any of the funds	1037
established by section 3307.14 of the Revised Code, to receive the	1038
allowance, annuity, pension, or benefit at the rate fixed at the	1039
time of granting the allowance, annuity, pension, or benefit. Such	1040
right shall also be vested with equal effect in the beneficiary of	1041
a grant heretofore made from any of the funds named in section	1042
3307.14 of the Revised Code.	1043

Sec. 3309.22.  (A)(1) As used in this division, "personal	1044
history record" means information maintained by the board on an	1045
individual who is a member, former member, contributor, former	1046
contributor, retirant, or beneficiary that includes the address,	1047
telephone number, social security number, record of contributions,	1048
correspondence with the system, and other information the board	1049
determines to be confidential.	1050

(2) The records of the board shall be open to public	1051
inspection, except for the following, which shall be excluded,	1052
except with the written authorization of the individual concerned:	1053

(a) The individual's statement of previous service and other	1054
information as provided for in section 3309.28 of the Revised	1055
Code;	1056

(b) Any information identifying by name and address the	1057
amount of a monthly allowance or benefit paid to the individual;	1058

(c) The individual's personal history record.

1059

(B) All medical reports and recommendations required by the	1060
system are privileged except that copiesas follows:	1061

(1) Copies of such medical reports or recommendations shall	1062
be made available to the personal physician, attorney, or	1063
authorized agent of the individual concerned upon written release	1064
received from the individual or the individual's agent, or when	1065
necessary for the proper administration of the fund, to the board	1066
assigned physician.	1067

(2) Notice required by section 3309.673 of the Revised Code	1068
shall be provided to the prosecutor described in that section.	1069

(3) Documentation required by section 2929.193 of the Revised	1070
Code shall be provided to a court holding a hearing under that	1071
section.	1072

(C) Any person who is a contributor of the system shall be	1073
furnished, on written request, with a statement of the amount to	1074
the credit of the person's account. The board need not answer more	1075
than one such request of a person in any one year.	1076

(D) Notwithstanding the exceptions to public inspection in	1077
division (A)(2) of this section, the board may furnish the	1078
following information:	1079

(1) If a member, former member, contributor, former	1080
contributor, or retirant is subject to an order issued under	1081
section 2907.15 of the Revised Code or an order issued under	1082
division (A) or (B) of section 2929.192 of the Revised Code or is	1083
convicted of or pleads guilty to a violation of section 2921.41 of	1084
the Revised Code, on written request of a prosecutor as defined in	1085
section 2935.01 of the Revised Code, the board shall furnish to	1086
the prosecutor the information requested from the individual's	1087
personal history record.	1088

(2) Pursuant to a court or administrative order issued under	1089
section 3119.80, 3119.81, 3121.02, 3121.03, or 3123.06 of the	1090
Revised Code, the board shall furnish to a court or child support	1091
enforcement agency the information required under that section.	1092

(3) At the written request of any person, the board shall	1093
provide to the person a list of the names and addresses of	1094
members, former members, retirants, contributors, former	1095
contributors, or beneficiaries. The costs of compiling, copying,	1096
and mailing the list shall be paid by such person.	1097

(4) Within fourteen days after receiving from the director of	1098
job and family services a list of the names and social security	1099
numbers of recipients of public assistance pursuant to section	1100
5101.181 of the Revised Code, the board shall inform the auditor	1101
of state of the name, current or most recent employer address, and	1102
social security number of each contributor whose name and social	1103
security number are the same as that of a person whose name or	1104
social security number was submitted by the director. The board	1105
and its employees shall, except for purposes of furnishing the	1106
auditor of state with information required by this section,	1107
preserve the confidentiality of recipients of public assistance in	1108
compliance with division (A) of section 5101.181 of the Revised	1109
Code.	1110

(5) The system shall comply with orders issued under section	1111
3105.87 of the Revised Code.	1112

On the written request of an alternate payee, as defined in	1113
section 3105.80 of the Revised Code, the system shall furnish to	1114
the alternate payee information on the amount and status of any	1115
amounts payable to the alternate payee under an order issued under	1116
section 3105.171 or 3105.65 of the Revised Code.	1117

(6) At the request of any person, the board shall make	1118
available to the person copies of all documents, including	1119
resumes, in the board's possession regarding filling a vacancy of	1120
an employee member or retirant member of the board. The person who	1121
made the request shall pay the cost of compiling, copying, and	1122
mailing the documents. The information described in this division	1123
is a public record.	1124

(E) A statement that contains information obtained from the	1125
system's records that is signed by an officer of the retirement	1126
system and to which the system's official seal is affixed, or	1127
copies of the system's records to which the signature and seal are	1128
attached, shall be received as true copies of the system's records	1129
in any court or before any officer of this state.	1130

Sec. 3309.66.  The right of an individual to a pension, an	1131
annuity, or a retirement allowance itself, the right of an	1132
individual to any optional benefit, any other right accrued or	1133
accruing to any individual under this chapter, the various funds	1134
created by section 3309.60 of the Revised Code, and all moneys,	1135
investments, and income from moneys and investments are exempt	1136
from any state tax, except the tax imposed by section 5747.02 of	1137
the Revised Code, and are exempt from any county, municipal, or	1138
other local tax, except taxes imposed pursuant to section 5748.02	1139
or 5748.08 of the Revised Code, and, except as provided in	1140
sections 3105.171, 3105.65, 3115.32, 3119.80, 3119.81, 3121.02,	1141
3121.03, 3123.06, 3309.67, and 3309.672, and 3309.673 of the	1142
Revised Code, shall not be subject to execution, garnishment,	1143
attachment, the operation of bankruptcy or insolvency laws, or any	1144
other process of law whatsoever, and shall be unassignable except	1145
as specifically provided in this chapter and in sections 3105.171,	1146
3105.65, 3115.32, 3119.80, 3119.81, 3121.02, 3121.03, and 3123.06	1147
of the Revised Code.	1148

Sec. 3309.661. TheExcept as provided in section 3309.673 of	1149
the Revised Code, the granting of a retirement allowance, annuity,	1150
pension, or other benefit to any person pursuant to action of the	1151
school employees retirement board vests a right in such person, so	1152
long as hethe person remains the recipient of any of the funds	1153
established by section 3309.60 of the Revised Code, to receive	1154
such retirement allowance, annuity, pension, or benefit. Such	1155
right shall also be vested with equal effect in the recipient of a	1156
grant heretofore made from any of the funds named in section	1157
3309.60 of the Revised Code.	1158

Sec. 3309.673.  Notwithstanding any other provision of this	1159
chapter, a disability benefit granted under this chapter is	1160
subject to an order issued under section 2929.193 of the Revised	1161
Code. The school employees retirement board shall comply with the	1162
order.	1163

On receipt of notice under section 2901.43 of the Revised	1164
Code that a school employees retirement system member is charged	1165
with any offense or violation listed in division (D) of section	1166
2929.192 of the Revised Code under the circumstances specified in	1167
that division, the system shall determine whether the member has	1168
been granted a disability benefit. If so, the system shall send	1169
written notice to the prosecutor assigned to the case that the	1170
member has been granted a disability benefit under this chapter	1171
and may be subject to section 2929.193 of the Revised Code.	1172

Sec. 3309.82.  (A) Except as provided in division (B) of this	1173
section, sections 3309.02, 3309.021, and 3309.022 and sections	1174
3309.18 to 3309.70 of the Revised Code do not apply to a plan	1175
established under section 3309.81 of the Revised Code, except that	1176
a plan may incorporate provisions of those sections as specified	1177
in the plan document.	1178

(B) The following sections of Chapter 3309. of the Revised	1179
Code apply to a plan established under section 3309.81 of the	1180
Revised Code: sections 3309.19, 3309.21, 3309.22, 3309.23,	1181
3309.24, 3309.25, 3309.251, 3309.252, 3309.253, 3309.28, 3309.29,	1182
3309.341, 3309.3712, 3309.47, 3309.471, 3309.49, 3309.51, 3309.53,	1183
3309.54, 3309.55, 3309.56, 3309.57, 3309.571, 3309.58, 3309.59,	1184
3309.60, 3309.61, 3309.62, 3309.66, 3309.661, 3309.67, 3309.672,	1185
3309.673, 3309.68, and 3309.70 of the Revised Code.	1186

Sec. 3309.95.  Subject to sections 3309.341, 3309.66,	1187
3309.67, and 3309.672, and 3309.673 of the Revised Code, the right	1188
of a member participating in a plan established under section	1189
3309.81 of the Revised Code to any payment or benefit accruing	1190
from contributions made by or on behalf of the member under	1191
sections 3309.85 and 3309.86 of the Revised Code shall vest in	1192
accordance with this section.	1193

A member's right to any payment or benefit that is based on	1194
the member's contributions is nonforfeitable.	1195

A member's right to any payment or benefit that is based on	1196
contributions by the member's employer is nonforfeitable as	1197
specified by the plan selected by the member.	1198

Sec. 5505.04.  (A)(1) The general administration and	1199
management of the state highway patrol retirement system and the	1200
making effective of this chapter are hereby vested in the state	1201
highway patrol retirement board. The board may sue and be sued,	1202
plead and be impleaded, contract and be contracted with, and do	1203
all things necessary to carry out this chapter.	1204

The board shall consist of the following members:

1205

(a) The superintendent of the state highway patrol;

1206

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

1207

(c) Five employee-members;

1208

(d) One member, known as the treasurer of state's investment	1209
designee, who shall be appointed by the treasurer of state for a	1210
term of four years and who shall have the following	1211
qualifications:	1212

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

1213

(ii) Within the three years immediately preceding the	1214
appointment, the member has not been employed by the public	1215
employees retirement system, police and fire pension fund, state	1216
teachers retirement system, school employees retirement system, or	1217
state highway patrol retirement system or by any person,	1218
partnership, or corporation that has provided to one of those	1219
retirement systems services of a financial or investment nature,	1220
including the management, analysis, supervision, or investment of	1221
assets.	1222

(iii) The member has direct experience in the management,	1223
analysis, supervision, or investment of assets.	1224

(iv) The member is not currently employed by the state or a	1225
political subdivision of the state.	1226

(e) Two investment expert members, who shall be appointed to	1227
four-year terms. One investment expert member shall be appointed	1228
by the governor, and one investment expert member shall be jointly	1229
appointed by the speaker of the house of representatives and the	1230
president of the senate. Each investment expert member shall have	1231
the following qualifications:	1232

(i) Each investment expert member shall be a resident of this	1233
state.	1234

(ii) Within the three years immediately preceding the	1235
appointment, each investment expert member shall not have been	1236
employed by the public employees retirement system, police and	1237
fire pension fund, state teachers retirement system, school	1238
employees retirement system, or state highway patrol retirement	1239
system or by any person, partnership, or corporation that has	1240
provided to one of those retirement systems services of a	1241
financial or investment nature, including the management,	1242
analysis, supervision, or investment of assets.	1243

(iii) Each investment expert member shall have direct	1244
experience in the management, analysis, supervision, or investment	1245
of assets.	1246

(2) The board shall annually elect a chairperson and	1247
vice-chairperson from among its members. The vice-chairperson	1248
shall act as chairperson in the absence of the chairperson. A	1249
majority of the members of the board shall constitute a quorum and	1250
any action taken shall be approved by a majority of the members of	1251
the board. The board shall meet not less than once each year, upon	1252
sufficient notice to the members. All meetings of the board shall	1253
be open to the public except executive sessions as set forth in	1254
division (G) of section 121.22 of the Revised Code, and any	1255
portions of any sessions discussing medical records or the degree	1256
of disability of a member excluded from public inspection by this	1257
section.	1258

(3) Any investment expert member appointed to fill a vacancy	1259
occurring prior to the expiration of the term for which the	1260
member's predecessor was appointed holds office until the end of	1261
such term. The member continues in office subsequent to the	1262
expiration date of the member's term until the member's successor	1263
takes office, or until a period of sixty days has elapsed,	1264
whichever occurs first.	1265

(B) The attorney general shall prescribe procedures for the	1266
adoption of rules authorized under this chapter, consistent with	1267
the provision of section 111.15 of the Revised Code under which	1268
all rules shall be filed in order to be effective. Such procedures	1269
shall establish methods by which notice of proposed rules are	1270
given to interested parties and rules adopted by the board	1271
published and otherwise made available. When it files a rule with	1272
the joint committee on agency rule review pursuant to section	1273
111.15 of the Revised Code, the board shall submit to the Ohio	1274
retirement study council a copy of the full text of the rule, and	1275
if applicable, a copy of the rule summary and fiscal analysis	1276
required by division (B) of section 127.18 of the Revised Code.	1277

(C)(1) As used in this division, "personal history record"	1278
means information maintained by the board on an individual who is	1279
a member, former member, retirant, or beneficiary that includes	1280
the address, telephone number, social security number, record of	1281
contributions, correspondence with the system, and other	1282
information the board determines to be confidential.	1283

(2) The records of the board shall be open to public	1284
inspection, except for the following which shall be excluded: the	1285
member's, former member's, retirant's, or beneficiary's personal	1286
history record and the amount of a monthly allowance or benefit	1287
paid to a retirant, beneficiary, or survivor, except with the	1288
written authorization of the individual concerned. All	1289

(D) All medical reports and recommendations are privileged	1290
except that copiesas follows:	1291

(1) Copies of such medical reports or recommendations shall	1292
be made available to the individual's personal physician,	1293
attorney, or authorized agent upon written release received from	1294
such individual or such individual's agent, or when necessary for	1295
the proper administration of the fund to the board-assigned	1296
physician.	1297

(D)(2) Notice required by section 5505.263 of the Revised	1298
Code shall be provided to the prosecutor described in that	1299
section.	1300

(3) Documentation required by section 2929.193 of the Revised	1301
Code shall be provided to a court holding a hearing under that	1302
section.	1303

(E) Notwithstanding the exceptions to public inspection in	1304
division (C)(2) of this section, the board may furnish the	1305
following information:	1306

(1) If a member, former member, or retirant is subject to an	1307
order issued under section 2907.15 of the Revised Code or an order	1308
issued under division (A) or (B) of section 2929.192 of the	1309
Revised Code or is convicted of or pleads guilty to a violation of	1310
section 2921.41 of the Revised Code, on written request of a	1311
prosecutor as defined in section 2935.01 of the Revised Code, the	1312
board shall furnish to the prosecutor the information requested	1313
from the individual's personal history record.	1314

(2) Pursuant to a court order issued under Chapters 3119.,	1315
3121., and 3123. of the Revised Code, the board shall furnish to a	1316
court or child support enforcement agency the information required	1317
under those chapters.	1318

(3) At the written request of any nonprofit organization or	1319
association providing services to retirement system members,	1320
retirants, or beneficiaries, the board shall provide to the	1321
organization or association a list of the names and addresses of	1322
members, former members, retirants, or beneficiaries if the	1323
organization or association agrees to use such information solely	1324
in accordance with its stated purpose of providing services to	1325
such individuals and not for the benefit of other persons,	1326
organizations, or associations. The costs of compiling, copying,	1327
and mailing the list shall be paid by such entity.	1328

(4) Within fourteen days after receiving from the director of	1329
job and family services a list of the names and social security	1330
numbers of recipients of public assistance pursuant to section	1331
5101.181 of the Revised Code, the board shall inform the auditor	1332
of state of the name, current or most recent employer address, and	1333
social security number of each member whose name and social	1334
security number are the same as those of a person whose name or	1335
social security number was submitted by the director. The board	1336
and its employees, except for purposes of furnishing the auditor	1337
of state with information required by this section, shall preserve	1338
the confidentiality of recipients of public assistance in	1339
compliance with division (A) of section 5101.181 of the Revised	1340
Code.	1341

(5) The system shall comply with orders issued under section	1342
3105.87 of the Revised Code.	1343

On the written request of an alternate payee, as defined in	1344
section 3105.80 of the Revised Code, the system shall furnish to	1345
the alternate payee information on the amount and status of any	1346
amounts payable to the alternate payee under an order issued under	1347
section 3105.171 or 3105.65 of the Revised Code.	1348

(6) At the request of any person, the board shall make	1349
available to the person copies of all documents, including	1350
resumes, in the board's possession regarding filling a vacancy of	1351
an employee member or retirant member of the board. The person who	1352
made the request shall pay the cost of compiling, copying, and	1353
mailing the documents. The information described in this division	1354
is a public record.	1355

(E)(F) A statement that contains information obtained from	1356
the system's records that is certified and signed by an officer of	1357
the retirement system and to which the system's official seal is	1358
affixed, or copies of the system's records to which the signature	1359
and seal are attached, shall be received as true copies of the	1360
system's records in any court or before any officer of this state.	1361

Sec. 5505.22.  The right of any individual to a pension, or	1362
to the return of accumulated contributions, payable as provided	1363
under this chapter, and all moneys and investments of the state	1364
highway patrol retirement system and income from moneys or	1365
investments are exempt from any state tax, except the tax imposed	1366
by section 5747.02 of the Revised Code, and are exempt from any	1367
county, municipal, or other local tax, except taxes imposed	1368
pursuant to section 5748.02 or 5748.08 of the Revised Code, and,	1369
except as provided in sections 3105.171, 3105.65, 3115.32,	1370
3119.80, 3119.81, 3121.02, 3121.03, 3123.06, 5505.26, and	1371
5505.262, and 5505.263 of the Revised Code, shall not be subject	1372
to execution, garnishment, attachment, the operation of bankruptcy	1373
or insolvency laws, or any other process of law whatsoever, and	1374
shall be unassignable except as specifically provided in this	1375
chapter.	1376

Sec. 5505.263.  Notwithstanding any other provision of this	1377
chapter, a disability benefit granted under this chapter is	1378
subject to an order issued under section 2929.193 of the Revised	1379
Code. The state highway patrol retirement board shall comply with	1380
the order.	1381

On receipt of notice under section 2901.43 of the Revised	1382
Code that a state highway patrol retirement system member is	1383
charged with an offense listed in division (D) of section 2929.192	1384
of the Revised Code under the circumstances specified in that	1385
division, the system shall determine whether the member has been	1386
granted a disability benefit. If so, the system shall send written	1387
notice to the prosecutor assigned to the case that the member has	1388
been granted a disability benefit under this chapter and may be	1389
subject to section 2929.193 of the Revised Code.	1390

Sec. 5505.34. As used in this section, "alternate payee,"	1391
"benefit," and "lump sum payment" have the same meanings as in	1392
section 3105.80 of the Revised Code.	1393

If a person who is a disability benefit recipient or an	1394
alternate payee, as defined in section 3105.80 of the Revised	1395
Code, is paid any amount from a benefit or lump sum payment under	1396
an order issued under section 3105.171 or 3105.65 of the Revised	1397
Code by the state highway patrol retirement system to which the	1398
person is not entitled, the person shall repay the retirement	1399
system. If the person fails to repay, the retirement system shall	1400
withhold the amount due from any benefit or payment due the person	1401
under the order or may collect the amount in any other manner	1402
provided by law.	1403

Section 2.  That existing sections 145.27, 145.56, 145.561,	1404
145.82, 145.95, 742.41, 742.46, 742.47, 742.64, 2329.66, 2929.192,	1405
3305.07, 3305.20, 3305.22, 3307.20, 3307.41, 3307.42, 3309.22,	1406
3309.66, 3309.661, 3309.82, 3309.95, 5505.04, 5505.22, and 5505.34	1407
of the Revised Code are hereby repealed.	1408

Section 3.  Section 2329.66 of the Revised Code is presented	1409
in this act as a composite of the section as amended by Sub. H.B	1410
332, Sub. S.B. 3, and Sub. S.B. 281 of the 127th General Assembly.	1411
The General Assembly, applying the principle stated in division	1412
(B) of section 1.52 of the Revised Code that amendments are to be	1413
harmonized if reasonably capable of simultaneous operation, finds	1414
that the composite is the resulting version of the section in	1415
effect prior to the effective date of the section as presented in	1416
this act.	1417