As Passed by the Senate

128th General Assembly Regular Session 2009-2010

Sub. S. B. No. 219

Senator Grendell 

Cosponsors: Senators Schaffer, Wagoner, Buehrer, Cafaro, Cates, Faber, Fedor, Gibbs, Harris, Hughes, Husted, Miller, D., Miller, R., Morano, Niehaus, Turner, Wilson 

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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, 3305.08, 3305.20, 3305.22,

3

3307.20, 3307.41, 3307.42, 3309.22, 3309.66,

4

3309.661, 3309.82, 3309.95, 5505.04, 5505.22, and

5

5505.34 and to enact sections 145.573, 742.464,

6

2929.193, 3305.12, 3307.373, 3309.673, and

7

5505.263 of the Revised Code regarding termination

8

of the disability benefit of a state retirement

9

system member convicted of certain felonies

10

committed while serving in a position of honor,

11

trust, or 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, 3305.08, 3305.20, 3305.22, 3307.20, 3307.41, 3307.42,	15
3309.22, 3309.66, 3309.661, 3309.82, 3309.95, 5505.04, 5505.22,	16
and 5505.34 be amended and sections 145.573, 742.464, 2929.193,	17
3305.12, 3307.373, 3309.673, and 5505.263 of the Revised Code be	18
enacted to 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) Documentation required by section 2929.193 of the Revised	44
Code shall be provided to a court holding a hearing under that	45
section.	46

(C) Any person who is a member or contributor of the system	47
shall be furnished with a statement of the amount to the credit of	48
the individual's account upon written request. The board is not	49
required to answer more than one such request of a person in any	50
one year. The board may issue annual statements of accounts to	51
members and contributors.	52

(D) Notwithstanding the exceptions to public inspection in	53
division (A)(2) of this section, the board may furnish the	54
following information:	55

(1) If a member, former member, contributor, former	56
contributor, or retirant is subject to an order issued under	57
section 2907.15 of the Revised Code or an order issued under	58
division (A) or (B) of section 2929.192 of the Revised Code or is	59
convicted of or pleads guilty to a violation of section 2921.41 of	60
the Revised Code, on written request of a prosecutor as defined in	61
section 2935.01 of the Revised Code, the board shall furnish to	62
the prosecutor the information requested from the individual's	63
personal history record.	64

(2) Pursuant to a court or administrative order issued	65
pursuant to Chapter 3119., 3121., 3123., or 3125. of the Revised	66
Code, the board shall furnish to a court or child support	67
enforcement agency the information required under that section.	68

(3) At the written request of any person, the board shall	69
provide to the person a list of the names and addresses of	70
members, former members, contributors, former contributors,	71
retirants, or beneficiaries. The costs of compiling, copying, and	72
mailing the list shall be paid by such person.	73

(4) Within fourteen days after receiving from the director of	74
job and family services a list of the names and social security	75
numbers of recipients of public assistance pursuant to section	76
5101.181 of the Revised Code, the board shall inform the auditor	77
of state of the name, current or most recent employer address, and	78
social security number of each member whose name and social	79
security number are the same as that of a person whose name or	80
social security number was submitted by the director. The board	81
and its employees shall, except for purposes of furnishing the	82
auditor of state with information required by this section,	83
preserve the confidentiality of recipients of public assistance in	84
compliance with division (A) of section 5101.181 of the Revised	85
Code.	86

(5) The system shall comply with orders issued under section	87
3105.87 of the Revised Code.	88

On the written request of an alternate payee, as defined in	89
section 3105.80 of the Revised Code, the system shall furnish to	90
the alternate payee information on the amount and status of any	91
amounts payable to the alternate payee under an order issued under	92
section 3105.171 or 3105.65 of the Revised Code.	93

(6) At the request of any person, the board shall make	94
available to the person copies of all documents, including	95
resumes, in the board's possession regarding filling a vacancy of	96
an employee member or retirant member of the board. The person who	97
made the request shall pay the cost of compiling, copying, and	98
mailing the documents. The information described in division	99
(D)(6) of this section is a public record.	100

(7) The system shall provide the notice required by section	101
145.573 of the Revised Code to the prosecutor assigned to the	102
case.	103

(E) A statement that contains information obtained from the	104
system's records that is signed by the executive director or an	105
officer of the system and to which the system's official seal is	106
affixed, or copies of the system's records to which the signature	107
and seal are attached, shall be received as true copies of the	108
system's records in any court or before any officer of this state.	109

Sec. 145.56.  The right of an individual to a pension, an	110
annuity, or a retirement allowance itself, the right of an	111
individual to any optional benefit, any other right accrued or	112
accruing to any individual, under this chapter, or under any	113
municipal retirement system established subject to this chapter	114
under the laws of this state or any charter, the various funds	115
created by this chapter, or under such municipal retirement	116
system, and all moneys, investments, and income from moneys or	117
investments are exempt from any state tax, except the tax imposed	118
by section 5747.02 of the Revised Code and are exempt from any	119
county, municipal, or other local tax, except taxes imposed	120
pursuant to section 5748.02 or 5748.08 of the Revised Code and,	121
except as provided in sections 145.57, 145.572, 145.573, 3105.171,	122
3105.65, and 3115.32 and Chapters 3119., 3121., 3123., and 3125.	123
of the Revised Code, shall not be subject to execution,	124
garnishment, attachment, the operation of bankruptcy or insolvency	125
laws, or other process of law whatsoever, and shall be	126
unassignable except as specifically provided in this chapter and	127
sections 3105.171, 3105.65, and 3115.32 and Chapters 3119., 3121.,	128
3123., and 3125. of the Revised Code.	129

Sec. 145.561. TheExcept as provided in section 145.573 of	130
the Revised Code, the granting of a retirement allowance, annuity,	131
pension, or other benefit to any person pursuant to action of the	132
public employees retirement board vests a right in such person, so	133
long as hethe person remains the recipient of any benefit of the	134
funds established by section 145.23 of the Revised Code, to	135
receive such retirement allowance, annuity, pension, or other	136
benefit at the rate fixed at the time of granting such retirement	137
allowance, annuity, pension, or other benefit. Such right shall	138
also be vested with equal effect in the recipient of a grant	139
heretofore made from any of the funds named in section 145.23 of	140
the Revised Code.	141

Sec. 145.573.  Notwithstanding any other provision of this	142
chapter, a disability benefit granted under this chapter is	143
subject to an order issued under section 2929.193 of the Revised	144
Code. The public employees retirement board shall comply with the	145
order.	146

On receipt of notice under section 2901.43 of the Revised	147
Code that a public employees retirement system member is charged	148
with an offense listed in division (D) of section 2929.192 of the	149
Revised Code under the circumstances specified in that division,	150
the system shall determine whether the member has been granted a	151
disability benefit. If so, the system shall send written notice to	152
the prosecutor assigned to the case that the member has been	153
granted a disability benefit under this chapter and may be subject	154
to section 2929.193 of the Revised Code.	155

Sec. 145.82.  (A) Except as provided in divisions (B) and (C)	156
of this section, sections 145.201 to 145.70 of the Revised Code do	157
not apply to a PERS defined contribution plan, except that a PERS	158
defined contribution plan may incorporate provisions of those	159
sections as specified in the plan document.	160

(B) The following sections of Chapter 145. of the Revised	161
Code apply to a PERS defined contribution plan: 145.22, 145.221,	162
145.23, 145.25, 145.26, 145.27, 145.296, 145.38, 145.382, 145.383,	163
145.384, 145.391, 145.47, 145.48, 145.483, 145.51, 145.52, 145.53,	164
145.54, 145.55, 145.56, 145.563, 145.57, 145.571, 145.572,	165
145.573, 145.69, and 145.70 of the Revised Code.	166

(C) A PERS defined contribution plan that includes definitely	167
determinable benefits may incorporate by reference all or part of	168
sections 145.201 to 145.79 of the Revised Code to allow a member	169
participating in the plan to purchase service credit or to be	170
eligible for any of the following:	171

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

172

(2) Health or long-term care insurance or any other type of	173
health care benefit;	174

(3) Additional increases under section 145.323 of the Revised	175
Code;	176

(4) A refund of contributions made by or on behalf of a	177
member.	178

With respect to the benefits described in division (C)(1) of	179
this section, the public employees retirement board may establish	180
eligibility requirements and benefit formulas or amounts that	181
differ from those of members participating in the PERS defined	182
benefit plan. With respect to the purchase of service credit by a	183
member participating in a PERS defined contribution plan, the	184
board may reduce the cost of the service credit to reflect the	185
different benefit formula established for the member.	186

Sec. 145.95.  Subject to sections 145.38, 145.56, 145.57,	187
and 145.572, and 145.573 of the Revised Code, the right of a	188
member participating in a PERS defined contribution plan to any	189
payment or benefit accruing from contributions made by or on	190
behalf of the member under sections 145.85 and 145.86 of the	191
Revised Code shall vest in accordance with this section.	192

A member's right to any payment or benefit that is based on	193
the member's contributions is nonforfeitable.	194

A member's right to any payment or benefit that is based on	195
contributions by the member's employer is nonforfeitable as	196
specified by the plan selected by the member.	197

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

198

(1) "Other system retirant" has the same meaning as in	199
section 742.26 of the Revised Code.	200

(2) "Personal history record" includes a member's, former	201
member's, or other system retirant's name, address, telephone	202
number, social security number, record of contributions,	203
correspondence with the Ohio police and fire pension fund, status	204
of any application for benefits, and any other information deemed	205
confidential by the trustees of the fund.	206

(B) The treasurer of state shall furnish annually to the	207
board of trustees of the fund a sworn statement of the amount of	208
the funds in the treasurer of state's custody belonging to the	209
Ohio police and fire pension fund. The records of the fund shall	210
be open for public inspection except for the following, which	211
shall be excluded, except with the written authorization of the	212
individual concerned:	213

(1) The individual's personal history record;

214

(2) Any information identifying, by name and address, the	215
amount of a monthly allowance or benefit paid to the individual.	216

(C) All medical reports and recommendations required are	217
privileged, except that copiesas follows:	218

(1) Copies of such medical reports or recommendations shall	219
be made available to the personal physician, attorney, or	220
authorized agent of the individual concerned upon written release	221
received from the individual or the individual's agent or, when	222
necessary for the proper administration of the fund, to the	223
board-assigned physician.	224

(2) Documentation required by section 2929.193 of the Revised	225
Code shall be provided to a court holding a hearing under that	226
section.	227

(D) Any person who is a member of the fund or an other system	228
retirant shall be furnished with a statement of the amount to the	229
credit of the person's individual account upon the person's	230
written request. The fund need not answer more than one such	231
request of a person in any one year.	232

(E) Notwithstanding the exceptions to public inspection in	233
division (B) of this section, the fund may furnish the following	234
information:	235

(1) If a member, former member, or other system retirant is	236
subject to an order issued under section 2907.15 of the Revised	237
Code or an order issued under division (A) or (B) of section	238
2929.192 of the Revised Code or is convicted of or pleads guilty	239
to a violation of section 2921.41 of the Revised Code, on written	240
request of a prosecutor as defined in section 2935.01 of the	241
Revised Code, the fund shall furnish to the prosecutor the	242
information requested from the individual's personal history	243
record.	244

(2) Pursuant to a court order issued pursuant to Chapter	245
3119., 3121., 3123., or 3125. of the Revised Code, the fund shall	246
furnish to a court or child support enforcement agency the	247
information required under that section.	248

(3) At the request of any organization or association of	249
members of the fund, the fund shall provide a list of the names	250
and addresses of members of the fund and other system retirants.	251
The fund shall comply with the request of such organization or	252
association at least once a year and may impose a reasonable	253
charge for the list.	254

(4) Within fourteen days after receiving from the director of	255
job and family services a list of the names and social security	256
numbers of recipients of public assistance pursuant to section	257
5101.181 of the Revised Code, the fund shall inform the auditor of	258
state of the name, current or most recent employer address, and	259
social security number of each member or other system retirant	260
whose name and social security number are the same as that of a	261
person whose name or social security number was submitted by the	262
director. The fund and its employees shall, except for purposes of	263
furnishing the auditor of state with information required by this	264
section, preserve the confidentiality of recipients of public	265
assistance in compliance with division (A) of section 5101.181 of	266
the Revised Code.	267

(5) The fund shall comply with orders issued under section	268
3105.87 of the Revised Code.	269

On the written request of an alternate payee, as defined in	270
section 3105.80 of the Revised Code, the fund shall furnish to the	271
alternate payee information on the amount and status of any	272
amounts payable to the alternate payee under an order issued under	273
section 3105.171 or 3105.65 of the Revised Code.	274

(6) At the request of any person, the fund shall make	275
available to the person copies of all documents, including	276
resumes, in the fund's possession regarding filling a vacancy of a	277
police officer employee member, firefighter employee member,	278
police retirant member, or firefighter retirant member of the	279
board of trustees. The person who made the request shall pay the	280
cost of compiling, copying, and mailing the documents. The	281
information described in this division is a public record.	282

(7) The fund shall provide the notice required by section	283
742.464 of the Revised Code to the prosecutor assigned to the	284
case.	285

(F) A statement that contains information obtained from the	286
fund's records that is signed by the secretary of the board of	287
trustees of the Ohio police and fire pension fund and to which the	288
board's official seal is affixed, or copies of the fund's records	289
to which the signature and seal are attached, shall be received as	290
true copies of the fund's records in any court or before any	291
officer of this state.	292

Sec. 742.46. TheExcept as provided in section 742.464 of	293
the Revised Code, the granting of a benefit or pension to any	294
person under sections 742.01 to 742.61 of the Revised Code, other	295
than a person participating in the deferred retirement option plan	296
established under section 742.43 of the Revised Code, vests a	297
right in such person to obtain and receive the amount of such	298
benefit or pension granted to the person subject to sections	299
742.01 to 742.61 of the Revised Code. Subject to sectionsections	300
742.444 and 742.464 of the Revised Code, a person participating in	301
the deferred retirement option plan vests in the right to obtain	302
and receive the amount accrued to the benefit of the person when	303
the person ceases participating in the plan.	304

Such right may be enforced by an action in mandamus	305
instituted in the court of common pleas in the county in which the	306
person granted such benefit or pension resides.	307

Sec. 742.464.  Notwithstanding any other provision of this	308
chapter, a disability benefit granted under this chapter is	309
subject to an order issued under section 2929.193 of the Revised	310
Code. The board of trustees of the Ohio police and fire pension	311
fund shall comply with the order.	312

On receipt of notice under section 2901.43 of the Revised	313
Code that an Ohio police and fire pension fund member is charged	314
with an offense listed in division (D) of section 2929.192 of the	315
Revised Code under the circumstances specified in that division,	316
the fund shall determine whether the member has been granted a	317
disability benefit. If so, the fund shall send written notice to	318
the prosecutor assigned to the case that the member has been	319
granted a disability benefit under this chapter and may be subject	320
to section 2929.193 of the Revised Code.	321

Sec. 742.47.  Except as provided in sections 742.461,	322
742.463, 742.464, 3105.171, 3105.65, and 3115.32 and Chapters	323
3119., 3121., 3123., and 3125. of the Revised Code, sums of money	324
due or to become due to any individual from the Ohio police and	325
fire pension fund are not liable to attachment, garnishment, levy,	326
or seizure under any legal or equitable process or any other	327
process of law whatsoever, whether those sums remain with the	328
treasurer of the fund or any officer or agent of the board of	329
trustees of the fund or are in the course of transmission to the	330
individual entitled to them, but shall inure wholly to the benefit	331
of that individual.	332

Sec. 742.64. As used in this section, "alternate payee,"	333
"benefit," and "lump sum payment" have the same meanings as in	334
section 3105.80 of the Revised Code.	335

If a person who is a disability benefit recipient or an	336
alternate payee, as defined in section 3105.80 of the Revised	337
Code, is paid any amount from a benefit or lump sum payment under	338
an order issued under section 3105.171 or 3105.65 of the Revised	339
Code by the Ohio police and fire pension fund to which the person	340
is not entitled, the person shall repay the fund. If the person	341
fails to repay, the fund shall withhold the amount due from any	342
benefit or payment due the person under the order or may collect	343
the amount in any other manner provided by law.	344

Sec. 2329.66.  (A) Every person who is domiciled in this	345
state may hold property exempt from execution, garnishment,	346
attachment, or sale to satisfy a judgment or order, as follows:	347

(1)(a) In the case of a judgment or order regarding money	348
owed for health care services rendered or health care supplies	349
provided to the person or a dependent of the person, one parcel or	350
item of real or personal property that the person or a dependent	351
of the person uses as a residence. Division (A)(1)(a) of this	352
section does not preclude, affect, or invalidate the creation	353
under this chapter of a judgment lien upon the exempted property	354
but only delays the enforcement of the lien until the property is	355
sold or otherwise transferred by the owner or in accordance with	356
other applicable laws to a person or entity other than the	357
surviving spouse or surviving minor children of the judgment	358
debtor. Every person who is domiciled in this state may hold	359
exempt from a judgment lien created pursuant to division (A)(1)(a)	360
of this section the person's interest, not to exceed twenty	361
thousand two hundred dollars, in the exempted property.	362

(b) In the case of all other judgments and orders, the	363
person's interest, not to exceed twenty thousand two hundred	364
dollars, in one parcel or item of real or personal property that	365
the person or a dependent of the person uses as a residence.	366

(2) The person's interest, not to exceed three thousand two	367
hundred twenty-five dollars, in one motor vehicle;	368

(3) The person's interest, not to exceed four hundred	369
dollars, in cash on hand, money due and payable, money to become	370
due within ninety days, tax refunds, and money on deposit with a	371
bank, savings and loan association, credit union, public utility,	372
landlord, or other person, other than personal earnings.	373

(4)(a) The person's interest, not to exceed five hundred	374
twenty-five dollars in any particular item or ten thousand seven	375
hundred seventy-five dollars in aggregate value, in household	376
furnishings, household goods, wearing apparel, appliances, books,	377
animals, crops, musical instruments, firearms, and hunting and	378
fishing equipment that are held primarily for the personal,	379
family, or household use of the person;	380

(b) The person's aggregate interest in one or more items of	381
jewelry, not to exceed one thousand three hundred fifty dollars,	382
held primarily for the personal, family, or household use of the	383
person or any of the person's dependents.	384

(5) The person's interest, not to exceed an aggregate of two	385
thousand twenty-five dollars, in all implements, professional	386
books, or tools of the person's profession, trade, or business,	387
including agriculture;	388

(6)(a) The person's interest in a beneficiary fund set apart,	389
appropriated, or paid by a benevolent association or society, as	390
exempted by section 2329.63 of the Revised Code;	391

(b) The person's interest in contracts of life or endowment	392
insurance or annuities, as exempted by section 3911.10 of the	393
Revised Code;	394

(c) The person's interest in a policy of group insurance or	395
the proceeds of a policy of group insurance, as exempted by	396
section 3917.05 of the Revised Code;	397

(d) The person's interest in money, benefits, charity,	398
relief, or aid to be paid, provided, or rendered by a fraternal	399
benefit society, as exempted by section 3921.18 of the Revised	400
Code;	401

(e) The person's interest in the portion of benefits under	402
policies of sickness and accident insurance and in lump sum	403
payments for dismemberment and other losses insured under those	404
policies, as exempted by section 3923.19 of the Revised Code.	405

(7) The person's professionally prescribed or medically	406
necessary health aids;	407

(8) The person's interest in a burial lot, including, but not	408
limited to, exemptions under section 517.09 or 1721.07 of the	409
Revised Code;	410

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

411

(a) Moneys paid or payable for living maintenance or rights,	412
as exempted by section 3304.19 of the Revised Code;	413

(b) Workers' compensation, as exempted by section 4123.67 of	414
the Revised Code;	415

(c) Unemployment compensation benefits, as exempted by	416
section 4141.32 of the Revised Code;	417

(d) Cash assistance payments under the Ohio works first	418
program, as exempted by section 5107.75 of the Revised Code;	419

(e) Benefits and services under the prevention, retention,	420
and contingency program, as exempted by section 5108.08 of the	421
Revised Code;	422

(f) Disability financial assistance payments, as exempted by	423
section 5115.06 of the Revised Code;	424

(g) Payments under section 24 or 32 of the "Internal Revenue	425
Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended.	426

(10)(a) Except in cases in which the person was convicted of	427
or pleaded guilty to a violation of section 2921.41 of the Revised	428
Code and in which an order for the withholding of restitution from	429
payments was issued under division (C)(2)(b) of that section, in	430
cases in which an order for withholding was issued under section	431
2907.15 of the Revised Code, and in cases in which an order for	432
forfeiture was issued under division (A) or (B) of section	433
2929.192 of the Revised Code, and in cases in which an order was	434
issued under 2929.193 of the Revised Code, and only to the extent	435
provided in the order, and except as provided in sections	436
3105.171, 3105.63, 3119.80, 3119.81, 3121.02, 3121.03, and 3123.06	437
of the Revised Code, the person's right to a pension, benefit,	438
annuity, retirement allowance, or accumulated contributions, the	439
person's right to a participant account in any deferred	440
compensation program offered by the Ohio public employees deferred	441
compensation board, a government unit, or a municipal corporation,	442
or the person's other accrued or accruing rights, as exempted by	443
section 145.56, 146.13, 148.09, 742.47, 3307.41, 3309.66, or	444
5505.22 of the Revised Code, and the person's right to benefits	445
from the Ohio public safety officers death benefit fund;	446

(b) Except as provided in sections 3119.80, 3119.81, 3121.02,	447
3121.03, and 3123.06 of the Revised Code, the person's right to	448
receive a payment under any pension, annuity, or similar plan or	449
contract, not including a payment from a stock bonus or	450
profit-sharing plan or a payment included in division (A)(6)(b) or	451
(10)(a) of this section, on account of illness, disability, death,	452
age, or length of service, to the extent reasonably necessary for	453
the support of the person and any of the person's dependents,	454
except if all the following apply:	455

(i) The plan or contract was established by or under the	456
auspices of an insider that employed the person at the time the	457
person's rights under the plan or contract arose.	458

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

459

(iii) The plan or contract is not qualified under the	460
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as	461
amended.	462

(c) Except for any portion of the assets that were deposited	463
for the purpose of evading the payment of any debt and except as	464
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	465
3123.06 of the Revised Code, the person's right in the assets held	466
in, or to receive any payment under, any individual retirement	467
account, individual retirement annuity, "Roth IRA," or education	468
individual retirement account that provides benefits by reason of	469
illness, disability, death, or age, to the extent that the assets,	470
payments, or benefits described in division (A)(10)(c) of this	471
section are attributable to any of the following:	472

(i) Contributions of the person that were less than or equal	473
to the applicable limits on deductible contributions to an	474
individual retirement account or individual retirement annuity in	475
the year that the contributions were made, whether or not the	476
person was eligible to deduct the contributions on the person's	477
federal tax return for the year in which the contributions were	478
made;	479

(ii) Contributions of the person that were less than or equal	480
to the applicable limits on contributions to a Roth IRA or	481
education individual retirement account in the year that the	482
contributions were made;	483

(iii) Contributions of the person that are within the	484
applicable limits on rollover contributions under subsections 219,	485
402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B),	486
408A(d)(3), and 530(d)(5) of the "Internal Revenue Code of 1986,"	487
100 Stat. 2085, 26 U.S.C.A. 1, as amended.	488

(d) Except for any portion of the assets that were deposited	489
for the purpose of evading the payment of any debt and except as	490
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	491
3123.06 of the Revised Code, the person's right in the assets held	492
in, or to receive any payment under, any Keogh or "H.R. 10" plan	493
that provides benefits by reason of illness, disability, death, or	494
age, to the extent reasonably necessary for the support of the	495
person and any of the person's dependents.	496

(11) The person's right to receive spousal support, child	497
support, an allowance, or other maintenance to the extent	498
reasonably necessary for the support of the person and any of the	499
person's dependents;	500

(12) The person's right to receive, or moneys received during	501
the preceding twelve calendar months from, any of the following:	502

(a) An award of reparations under sections 2743.51 to 2743.72	503
of the Revised Code, to the extent exempted by division (D) of	504
section 2743.66 of the Revised Code;	505

(b) A payment on account of the wrongful death of an	506
individual of whom the person was a dependent on the date of the	507
individual's death, to the extent reasonably necessary for the	508
support of the person and any of the person's dependents;	509

(c) Except in cases in which the person who receives the	510
payment is an inmate, as defined in section 2969.21 of the Revised	511
Code, and in which the payment resulted from a civil action or	512
appeal against a government entity or employee, as defined in	513
section 2969.21 of the Revised Code, a payment, not to exceed	514
twenty thousand two hundred dollars, on account of personal bodily	515
injury, not including pain and suffering or compensation for	516
actual pecuniary loss, of the person or an individual for whom the	517
person is a dependent;	518

(d) A payment in compensation for loss of future earnings of	519
the person or an individual of whom the person is or was a	520
dependent, to the extent reasonably necessary for the support of	521
the debtor and any of the debtor's dependents.	522

(13) Except as provided in sections 3119.80, 3119.81,	523
3121.02, 3121.03, and 3123.06 of the Revised Code, personal	524
earnings of the person owed to the person for services in an	525
amount equal to the greater of the following amounts:	526

(a) If paid weekly, thirty times the current federal minimum	527
hourly wage; if paid biweekly, sixty times the current federal	528
minimum hourly wage; if paid semimonthly, sixty-five times the	529
current federal minimum hourly wage; or if paid monthly, one	530
hundred thirty times the current federal minimum hourly wage that	531
is in effect at the time the earnings are payable, as prescribed	532
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	533
U.S.C. 206(a)(1), as amended;	534

(b) Seventy-five per cent of the disposable earnings owed to	535
the person.	536

(14) The person's right in specific partnership property, as	537
exempted by division (B)(3) of section 1775.24 of the Revised Code	538
or the person's rights in a partnership pursuant to section	539
1776.50 of the Revised Code, except as otherwise set forth in	540
section 1776.50 of the Revised Code;	541

(15) A seal and official register of a notary public, as	542
exempted by section 147.04 of the Revised Code;	543

(16) The person's interest in a tuition unit or a payment	544
under section 3334.09 of the Revised Code pursuant to a tuition	545
payment contract, as exempted by section 3334.15 of the Revised	546
Code;	547

(17) Any other property that is specifically exempted from	548
execution, attachment, garnishment, or sale by federal statutes	549
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11	550
U.S.C.A. 101, as amended;	551

(18) The person's aggregate interest in any property, not to	552
exceed one thousand seventy-five dollars, except that division	553
(A)(18) of this section applies only in bankruptcy proceedings.	554

(B) On April 1, 2010, and on the first day of April in each	555
third calendar year after 2010, each dollar amount set forth in	556
this section shall be adjusted, when determining the amount that	557
is exempt from execution, garnishment, attachment, or sale	558
pursuant to this section, to reflect the change in the consumer	559
price index for all urban consumers, as published by the United	560
States department of labor, or, if that index is no longer	561
published, a generally available comparable index, for the	562
three-year period ending on the thirty-first day of December of	563
the preceding year. Any adjustments required by this division	564
shall be rounded to the nearest twenty-five dollars.	565

(C) As used in this section:

566

(1) "Disposable earnings" means net earnings after the	567
garnishee has made deductions required by law, excluding the	568
deductions ordered pursuant to section 3119.80, 3119.81, 3121.02,	569
3121.03, or 3123.06 of the Revised Code.	570

(2) "Insider" means:

571

(a) If the person who claims an exemption is an individual, a	572
relative of the individual, a relative of a general partner of the	573
individual, a partnership in which the individual is a general	574
partner, a general partner of the individual, or a corporation of	575
which the individual is a director, officer, or in control;	576

(b) If the person who claims an exemption is a corporation, a	577
director or officer of the corporation; a person in control of the	578
corporation; a partnership in which the corporation is a general	579
partner; a general partner of the corporation; or a relative of a	580
general partner, director, officer, or person in control of the	581
corporation;	582

(c) If the person who claims an exemption is a partnership, a	583
general partner in the partnership; a general partner of the	584
partnership; a person in control of the partnership; a partnership	585
in which the partnership is a general partner; or a relative in, a	586
general partner of, or a person in control of the partnership;	587

(d) An entity or person to which or whom any of the following	588
applies:	589

(i) The entity directly or indirectly owns, controls, or	590
holds with power to vote, twenty per cent or more of the	591
outstanding voting securities of the person who claims an	592
exemption, unless the entity holds the securities in a fiduciary	593
or agency capacity without sole discretionary power to vote the	594
securities or holds the securities solely to secure to debt and	595
the entity has not in fact exercised the power to vote.	596

(ii) The entity is a corporation, twenty per cent or more of	597
whose outstanding voting securities are directly or indirectly	598
owned, controlled, or held with power to vote, by the person who	599
claims an exemption or by an entity to which division (C)(2)(d)(i)	600
of this section applies.	601

(iii) A person whose business is operated under a lease or	602
operating agreement by the person who claims an exemption, or a	603
person substantially all of whose business is operated under an	604
operating agreement with the person who claims an exemption.	605

(iv) The entity operates the business or all or substantially	606
all of the property of the person who claims an exemption under a	607
lease or operating agreement.	608

(e) An insider, as otherwise defined in this section, of a	609
person or entity to which division (C)(2)(d)(i), (ii), (iii), or	610
(iv) of this section applies, as if the person or entity were a	611
person who claims an exemption;	612

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

613

(3) "Participant account" has the same meaning as in section	614
148.01 of the Revised Code.	615

(4) "Government unit" has the same meaning as in section	616
148.06 of the Revised Code.	617

(D) For purposes of this section, "interest" shall be	618
determined as follows:	619

(1) In bankruptcy proceedings, as of the date a petition is	620
filed with the bankruptcy court commencing a case under Title 11	621
of the United States Code;	622

(2) In all cases other than bankruptcy proceedings, as of the	623
date of an appraisal, if necessary under section 2329.68 of the	624
Revised Code, or the issuance of a writ of execution.	625

An interest, as determined under division (D)(1) or (2) of	626
this section, shall not include the amount of any lien otherwise	627
valid pursuant to section 2329.661 of the Revised Code.	628

Sec. 2929.192. (A) If an offender is being sentenced for any	629
felony offense listed in division (D) of this section that was	630
committed on or after the effective date of this sectionMay 13,	631
2008, if the offender committed the offense while serving in a	632
position of honor, trust, or profit, and if the offender, at the	633
time of the commission of the offense, was a member of any public	634
retirement system or a participant in an alternative retirement	635
plan, in addition to any other sanction it imposes under section	636
2929.14, 2929.15, 2929.16, 2929.17, or 2929.18 of the Revised Code	637
but subject to division (B) of this section, the court shall order	638
the forfeiture to the public retirement system or alternative	639
retirement plan in which the offender was a member or participant	640
of the offender's right to a retirement allowance, pension,	641
disability benefit, or other right or benefit, other than payment	642
of the offender's accumulated contributions, earned by reason of	643
the offender's being a member of the public retirement system or	644
alternative retirement plan. A forfeiture ordered under this	645
division is part of, and shall be included in, the sentence of the	646
offender. The court shall send a copy of the journal entry	647
imposing sentence on the offender to the appropriate public	648
retirement system or alternative retirement plan in which the	649
offender was a member or participant.	650

(B) In any case in which a sentencing court is required to	651
order forfeiture of an offender's right to a retirement allowance,	652
pension, disability benefit, or other right or benefit under	653
division (A) of this section, the offender may request a hearing	654
regarding the forfeiture by delivering to the court prior to	655
sentencing a written request for a hearing. If a request for a	656
hearing is made by the offender prior to sentencing, the court	657
shall conduct the hearing before sentencing. The court shall	658
notify the offender, the prosecutor who handled the case in which	659
the offender was convicted of or pleaded guilty to the offense for	660
which the forfeiture order was imposed, and the appropriate public	661
retirement system, or alternative retirement plan provider,	662
whichever is applicable, or, if more than one is specified in the	663
motion, the applicable combination of these, of the hearing. A	664
hearing scheduled under this division shall be limited to a	665
consideration of whether there is good cause based on evidence	666
presented by the offender for the forfeiture order not to be	667
issued. If the court determines based on evidence presented by the	668
offender that there is good cause for the forfeiture order not to	669
be issued, the court shall not issue the forfeiture order. If the	670
offender does not request a hearing prior to sentencing or if the	671
court conducts a hearing but does not determine based on evidence	672
presented by the offender that there is good cause for the	673
forfeiture order not to be issued, the court shall order the	674
forfeiture described in division (A) of this section in accordance	675
with that division and shall send a copy of the journal entry	676
imposing sentence on the offender to the appropriate public	677
retirement system or alternative retirement plan in which the	678
offender was a member or participant.	679

(C) Upon receipt of a copy of the journal entry imposing	680
sentence on an offender under division (A) or (B) of this section	681
that contains an order of forfeiture of a type described in that	682
division, the public retirement system or alternative retirement	683
plan in which the offender was a member or participant shall	684
comply with the forfeiture order on application for a refund of	685
the accumulated contributions of the member or participant.	686

(D) Division (A) of this section applies regarding an	687
offender who is convicted of or pleads guilty to any of the	688
following offenses committed on or after the effective date of	689
this sectionMay 13, 2008, that is a felony and who committed the	690
offense while serving in a position of honor, trust, or profit:	691

(1) A violation of section 2921.02 or 2923.32 of the Revised	692
Code or a violation of section 2921.41 of the Revised Code that is	693
a felony of the third degree;	694

(2) A violation of an existing or former municipal ordinance	695
or law of this or any other state or the United States that is	696
substantially equivalent to any violation listed in division	697
(D)(1) of this section;	698

(3) A conspiracy to commit, attempt to commit, or complicity	699
in committing any violation listed in division (D)(1) or described	700
in division (D)(2) of this section.	701

(E) For purposes of divisions (A) and (D) of this section, a	702
violation of section 2923.32 of the Revised Code or any other	703
violation or offense that includes as an element a course of	704
conduct or the occurrence of multiple acts is "committed on or	705
after the effective date of this sectionMay 13, 2008," if the	706
course of conduct continues, one or more of the multiple acts	707
occurs, or the subject person's accountability for the course of	708
conduct or for one or more of the multiple acts continues, on or	709
after the effective date of this sectionMay 13, 2008.	710

(F) As used in this section:

711

(1) "Position(a) For the period beginning May 13, 2008, and	712
ending the day before the effective date of this amendment,	713
"position of honor, trust, or profit" means any of the following:	714

(a)(i) An elective office of the state or any political	715
subdivision of the state;	716

(b)(ii) A position on any board or commission of the state	717
that is appointed by the governor or the attorney general;	718

(c)(iii) A position as a public official or employee, as	719
defined in section 102.01 of the Revised Code, who is required to	720
file a disclosure statement under section 102.02 of the Revised	721
Code;	722

(d)(iv) A position as a prosecutor, as defined in section	723
2935.01 of the Revised Code;	724

(e)(v) A position as a peace officer, as defined in section	725
2935.01 of the Revised Code, or as the superintendent or a trooper	726
of the state highway patrol.	727

(b) On and after the effective date of this amendment,	728
"position of honor, trust, or profit" has the same meaning as in	729
division (F)(1)(a) of this section, except that it also includes a	730
position in which, in the course of public employment, an employee	731
has control over the expenditure of public funds of one hundred	732
thousand dollars or more annually.	733

(2) "Public retirement system" and "alternative retirement	734
plan" have the same meanings as in section 2907.15 of the Revised	735
Code.	736

(3) "Accumulated contributions" means whichever of the	737
following is applicable:	738

(a) Regarding an offender who is a member of the public	739
employees retirement system, except as otherwise provided in	740
division (F)(3)(a) of this section, "accumulated contributions"	741
has the same meaning as in section 145.01 of the Revised Code. For	742
a member participating in a PERS defined contribution plan,	743
"accumulated contributions" means the contributions made under	744
section 145.85 of the Revised Code and any earnings on those	745
contributions. For a member participating in a PERS defined	746
contribution plan that includes definitely determinable benefits,	747
"accumulated contributions" means the contributions made under	748
section 145.85 of the Revised Code, any earnings on those	749
contributions, and additionally any amounts paid by the member to	750
purchase service credits.	751

(b) Regarding an offender who is or was a member of the Ohio	752
police and fire pension fund, "accumulated contributions" means	753
the amount payable to a member under division (G) of section	754
742.37 of the Revised Code.	755

(c) Regarding an offender who is a member of the state	756
teachers retirement system, except as otherwise provided in	757
division (F)(3)(c) of this section, "accumulated contributions"	758
has the same meaning as in section 3307.50 of the Revised Code.	759
For a member participating in an STRS defined contribution plan,	760
"accumulated contributions" means the contributions made under	761
section 3307.26 of the Revised Code to participate in a plan	762
established under section 3307.81 of the Revised Code and any	763
earnings on those contributions. For a member participating in a	764
STRS defined contribution plan that includes definitely	765
determinable benefits, "accumulated contributions" means the	766
contributions made under section 3307.26 of the Revised Code to	767
participate in a plan established under section 3307.81 of the	768
Revised Code, any earnings on those contributions, and	769
additionally any amounts paid by the member to purchase service	770
credits.	771

(d) Regarding an offender who is or was a member of the	772
school employees retirement system, "accumulated contributions"	773
has the same meaning as in section 3309.01 of the Revised Code and	774
also includes employee contributions made under section 3309.85 of	775
the Revised Code and any earnings on those contributions.	776

(e) Regarding an offender who is or was a member of the state	777
highway patrol retirement system, "accumulated contributions" has	778
the same meaning as in section 5505.01 of the Revised Code.	779

(f) Regarding an offender who is or was participating in an	780
alternative retirement plan, "accumulated contributions" means the	781
amounts contributed to an alternative retirement plan	782
participant's account by the plan participant pursuant to section	783
3305.06 of the Revised Code and any earnings on those	784
contributions.	785

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

786

(1) "Position of honor, trust, or profit" has the same	787
meaning as in division (F)(1)(b) of section 2929.192 of the	788
Revised Code.	789

(2) "Public retirement system," "alternative retirement	790
plan," and "prosecutor" have the same meanings as in section	791
2907.15 of the Revised Code.	792

(B) This section applies to an offender to whom all of the	793
following apply:	794

(1) The offender is being sentenced for an offense listed in	795
division (D) of section 2929.192 of the Revised Code that is a	796
felony and was committed on or after the effective date of this	797
section.	798

(2) The offense was committed while the offender was serving	799
in a position of honor, trust, or profit.	800

(3) At the time of the offense, the offender was one of the	801
following:	802

(a) A member of a public retirement system;

803

(b) A contributor to a public retirement system receiving or	804
eligible to receive a benefit under section 145.384, 742.26,	805
3307.352, or 3309.344 of the Revised Code;	806

(c) A participant in an alternative retirement plan.

807

(4) Prior to the final disposition of the case, the offender	808
was granted a disability benefit by a public retirement system or	809
an alternative retirement plan provider.	810

(C)(1) Prior to sentencing an offender subject to this	811
section, the court shall hold a hearing regarding the condition	812
for which the offender was granted a disability benefit. Not later	813
than ten days prior to the scheduled date of the hearing, the	814
court shall give written notice of the hearing to the offender,	815
the prosecutor who handled the case, and the appropriate public	816
retirement system, alternative retirement plan provider, or, if	817
more than one is providing a disability benefit, the applicable	818
combination of these. The hearing shall be limited to a	819
consideration of whether the offender's disabling condition arose	820
out of the commission of the offense the offender was convicted of	821
or pleaded guilty to.	822

The system or provider shall submit to the court the	823
offender's medical reports and recommendations, and the offender's	824
disability application. If the court determines based on those	825
documents that the disabling condition arose out of the commission	826
of the offense the offender was convicted of or pleaded guilty to,	827
the court shall order the system or provider to terminate the	828
disability benefit.	829

(2) Any disability benefit paid the offender prior to its	830
termination may be recovered in accordance with section 145.563,	831
742.64, 3305.22, 3307.47, 3309.70, or 5505.34 of the Revised Code.	832

(D) For purposes of this section, a violation of section	833
2923.32 of the Revised Code or any other violation or offense that	834
includes as an element a course of conduct or the occurrence of	835
multiple acts is "committed on or after the effective date of this	836
section" if the course of conduct continues, one or more of the	837
multiple acts occurs, or the offender's accountability for the	838
course of conduct or for one or more of the multiple acts	839
continues on or after the effective date of this section.	840

Sec. 3305.07.  (A) Neither the state nor a public institution	841
of higher education shall be a party to any contract purchased in	842
whole or in part with contributions to an alternative retirement	843
plan made under section 3305.06 of the Revised Code. No	844
retirement, death, or other benefits shall be payable by the state	845
or by any public institution of higher education under any	846
alternative retirement plan elected pursuant to this chapter.	847

(B)(1) Except as provided under division (B)(2) of this	848
section and sections 3305.08, 3305.09, and 3305.11, and 3305.12 of	849
the Revised Code, benefits shall be paid to an electing employee	850
or the employee's beneficiaries in accordance with the alternative	851
retirement plan adopted by the public institution of higher	852
education at which the employee is employed.	853

(2) A benefit or payment shall not be paid under an	854
investment option prior to the time an electing employee dies,	855
terminates employment with the public institution of higher	856
education, or, if provided under the alternative retirement plan	857
or investment option, becomes disabled, except that the provider	858
of the investment option shall transfer the employee's account	859
balance to another provider as provided under section 3305.053 of	860
the Revised Code.	861

Sec. 3305.08.  Any payment, benefit, or other right accruing	862
to any electing employee under a contract entered into for	863
purposes of an alternative retirement plan and all moneys,	864
investments, and income of those contracts are exempt from any	865
state tax, except the tax imposed by section 5747.02 of the	866
Revised Code, are exempt from any county, municipal, or other	867
local tax, except taxes imposed pursuant to section 5748.02 or	868
5748.08 of the Revised Code, and except as provided in sections	869
3105.171, 3105.65, 3115.32, 3119.80, 3119.81, 3121.02, 3121.03,	870
3123.06, and 3305.09, and 3305.12 of the Revised Code, shall not	871
be subject to execution, garnishment, attachment, the operation of	872
bankruptcy or the insolvency law, or other process of law, and	873
shall be unassignable except as specifically provided in this	874
section and sections 3105.171, 3105.65, 3119.80, 3119.81, 3121.02,	875
3121.03, 3115.32, and 3123.06 of the Revised Code or in any	876
contract the electing employee has entered into for purposes of an	877
alternative retirement plan.	878

Sec. 3305.12.  Notwithstanding any other provision of an	879
alternative retirement plan provided under this chapter, a	880
disability benefit granted under the alternative retirement plan	881
is subject to an order issued under section 2929.193 of the	882
Revised Code. The entity providing the alternative retirement plan	883
shall comply with the order.	884

On receipt of notice under section 2901.43 of the Revised	885
Code that an alternative retirement plan participant is charged	886
with an offense listed in division (D) of section 2929.192 of the	887
Revised Code under the circumstances specified in that division,	888
the entity shall determine whether the participant has been	889
granted a disability benefit. If so, the entity shall send written	890
notice to the prosecutor assigned to the case that the participant	891
has been granted a disability benefit under an alternative	892
retirement plan and may be subject to section 2929.193 of the	893
Revised Code.	894

Sec. 3305.20.  As used in this section, "personal history	895
record" means information maintained by the entity providing an	896
alternative retirement plan on an individual who participates in	897
the plan that includes the address, telephone number, social	898
security number, record of contributions, correspondence with the	899
plan, or other information the entity providing the plan	900
determines to be confidential.	901

The entity shall comply with orders issued under section	902
3105.87 of the Revised Code requiring it to provide information	903
from a participant's personal history record.	904

OnThe entity shall furnish information as follows:

905

(1) On the written request of an alternate payee, as defined	906
in section 3105.80 of the Revised Code, the entity providing the	907
alternative retirement plan shall furnish to the alternate payee	908
information on the amount and status of any amounts payable to the	909
alternate payee under an order issued under section 3105.171 or	910
3105.65 of the Revised Code.	911

(2) The notice required by section 3305.12 of the Revised	912
Code shall be provided to the prosecutor assigned to the case.	913

(3) Documentation required by section 2929.193 of the Revised	914
Code shall be provided to a court holding a hearing under that	915
section.	916

Sec. 3305.22. As used in this section, "alternate payee" has	917
the same meaning as in section 3105.80 of the Revised Code.	918

If a person who is a disability benefit recipient or an	919
alternate payee, as defined in section 3105.80 of the Revised	920
Code, is paid any amount under an order issued under section	921
3105.171 or 3105.65 of the Revised Code to which the person is not	922
entitled by an entity providing an alternative retirement plan,	923
the person shall repay the entity. If the person fails to repay,	924
the entity shall withhold the amount from any benefit or payment	925
due the person under the order or may collect the amount in any	926
other manner provided by law.	927

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

928

(1) "Personal history record" means information maintained by	929
the state teachers retirement board on an individual who is a	930
member, former member, contributor, former contributor, retirant,	931
or beneficiary that includes the address, telephone number, social	932
security number, record of contributions, correspondence with the	933
state teachers retirement system, or other information the board	934
determines to be confidential.	935

(2) "Retirant" has the same meaning as in section 3307.50 of	936
the Revised Code.	937

(B) The records of the board shall be open to public	938
inspection, except for the following, which shall be excluded,	939
except with the written authorization of the individual concerned:	940

(1) The individual's personal records provided for in section	941
3307.23 of the Revised Code;	942

(2) The individual's personal history record;

943

(3) Any information identifying, by name and address, the	944
amount of a monthly allowance or benefit paid to the individual.	945

(C) All medical reports and recommendations under sections	946
3307.62, 3307.64, and 3307.66 of the Revised Code are privileged,	947
except that copiesas follows:	948

(1) Copies of such medical reports or recommendations shall	949
be made available to the personal physician, attorney, or	950
authorized agent of the individual concerned upon written release	951
received from the individual or the individual's agent, or, when	952
necessary for the proper administration of the fund, to the board	953
assigned physician.	954

(2) Documentation required by section 2929.193 of the Revised	955
Code shall be provided to a court holding a hearing under that	956
section.	957

(D) Any person who is a member or contributor of the system	958
shall be furnished, on written request, with a statement of the	959
amount to the credit of the person's account. The board need not	960
answer more than one request of a person in any one year.	961

(E) Notwithstanding the exceptions to public inspection in	962
division (B) of this section, the board may furnish the following	963
information:	964

(1) If a member, former member, retirant, contributor, or	965
former contributor is subject to an order issued under section	966
2907.15 of the Revised Code or an order issued under division (A)	967
or (B) of section 2929.192 of the Revised Code or is convicted of	968
or pleads guilty to a violation of section 2921.41 of the Revised	969
Code, on written request of a prosecutor as defined in section	970
2935.01 of the Revised Code, the board shall furnish to the	971
prosecutor the information requested from the individual's	972
personal history record.	973

(2) Pursuant to a court or administrative order issued under	974
section 3119.80, 3119.81, 3121.02, 3121.03, or 3123.06 of the	975
Revised Code, the board shall furnish to a court or child support	976
enforcement agency the information required under that section.	977

(3) At the written request of any person, the board shall	978
provide to the person a list of the names and addresses of	979
members, former members, retirants, contributors, former	980
contributors, or beneficiaries. The costs of compiling, copying,	981
and mailing the list shall be paid by such person.	982

(4) Within fourteen days after receiving from the director of	983
job and family services a list of the names and social security	984
numbers of recipients of public assistance pursuant to section	985
5101.181 of the Revised Code, the board shall inform the auditor	986
of state of the name, current or most recent employer address, and	987
social security number of each member whose name and social	988
security number are the same as that of a person whose name or	989
social security number was submitted by the director. The board	990
and its employees shall, except for purposes of furnishing the	991
auditor of state with information required by this section,	992
preserve the confidentiality of recipients of public assistance in	993
compliance with division (A) of section 5101.181 of the Revised	994
Code.	995

(5) The system shall comply with orders issued under section	996
3105.87 of the Revised Code.	997

On the written request of an alternate payee, as defined in	998
section 3105.80 of the Revised Code, the system shall furnish to	999
the alternate payee information on the amount and status of any	1000
amounts payable to the alternate payee under an order issued under	1001
section 3105.171 or 3105.65 of the Revised Code.	1002

(6) At the request of any person, the board shall make	1003
available to the person copies of all documents, including	1004
resumes, in the board's possession regarding filling a vacancy of	1005
a contributing member or retired teacher member of the board. The	1006
person who made the request shall pay the cost of compiling,	1007
copying, and mailing the documents. The information described in	1008
this division is a public record.	1009

(7) The system shall provide the notice required by section	1010
3307.373 of the Revised Code to the prosecutor assigned to the	1011
case.	1012

(F) A statement that contains information obtained from the	1013
system's records that is signed by an officer of the retirement	1014
system and to which the system's official seal is affixed, or	1015
copies of the system's records to which the signature and seal are	1016
attached, shall be received as true copies of the system's records	1017
in any court or before any officer of this state.	1018

Sec. 3307.373.  Notwithstanding any other provision of this	1019
chapter, a disability benefit granted under this chapter is	1020
subject to an order issued under section 2929.193 of the Revised	1021
Code. The state teachers retirement board shall comply with the	1022
order.	1023

On receipt of notice under section 2901.43 of the Revised	1024
Code that a state teachers retirement system member is charged	1025
with an offense listed in division (D) of section 2929.192 of the	1026
Revised Code under the circumstances specified in that division,	1027
the system shall determine whether the member has been granted a	1028
disability benefit. If so, the system shall send written notice to	1029
the prosecutor assigned to the case that the member has been	1030
granted a disability benefit under this chapter and may be subject	1031
to section 2929.193 of the Revised Code.	1032

Sec. 3307.41.  The right of an individual to a pension, an	1033
annuity, or a retirement allowance itself, the right of an	1034
individual to any optional benefit, or any other right or benefit	1035
accrued or accruing to any individual under this chapter, the	1036
various funds created by section 3307.14 of the Revised Code, and	1037
all moneys, investments, and income from moneys or investments are	1038
exempt from any state tax, except the tax imposed by section	1039
5747.02 of the Revised Code, and are exempt from any county,	1040
municipal, or other local tax, except taxes imposed pursuant to	1041
section 5748.02 or 5748.08 of the Revised Code, and, except as	1042
provided in sections 3105.171, 3105.65, 3115.32, 3119.80, 3119.81,	1043
3121.02, 3121.03, 3123.06, 3307.37, and 3307.372, and 3307.373 of	1044
the Revised Code, shall not be subject to execution, garnishment,	1045
attachment, the operation of bankruptcy or insolvency laws, or any	1046
other process of law whatsoever, and shall be unassignable except	1047
as specifically provided in this chapter or sections 3105.171,	1048
3105.65, 3115.32, 3119.80, 3119.81, 3121.02, 3121.03, and 3123.06	1049
of the Revised Code.	1050

Sec. 3307.42. TheExcept as provided in section 3307.373 of	1051
the Revised Code, the granting to any person of an allowance,	1052
annuity, or pension, as defined in sectionor other benefit under	1053
the plan described in sections 3307.50 to 3307.79 of the Revised	1054
Code, or the granting of a benefit under a plan established under	1055
section 3307.81 of the Revised Code, pursuant to an action of the	1056
state teachers' retirement board vests a right in such person, so	1057
long as the person remains the beneficiary of any of the funds	1058
established by section 3307.14 of the Revised Code, to receive the	1059
allowance, annuity, pension, or benefit at the rate fixed at the	1060
time of granting the allowance, annuity, pension, or benefit. Such	1061
right shall also be vested with equal effect in the beneficiary of	1062
a grant heretofore made from any of the funds named in section	1063
3307.14 of the Revised Code.	1064

Sec. 3309.22.  (A)(1) As used in this division, "personal	1065
history record" means information maintained by the board on an	1066
individual who is a member, former member, contributor, former	1067
contributor, retirant, or beneficiary that includes the address,	1068
telephone number, social security number, record of contributions,	1069
correspondence with the system, and other information the board	1070
determines to be confidential.	1071

(2) The records of the board shall be open to public	1072
inspection, except for the following, which shall be excluded,	1073
except with the written authorization of the individual concerned:	1074

(a) The individual's statement of previous service and other	1075
information as provided for in section 3309.28 of the Revised	1076
Code;	1077

(b) Any information identifying by name and address the	1078
amount of a monthly allowance or benefit paid to the individual;	1079

(c) The individual's personal history record.

1080

(B) All medical reports and recommendations required by the	1081
system are privileged except that copiesas follows:	1082

(1) Copies of such medical reports or recommendations shall	1083
be made available to the personal physician, attorney, or	1084
authorized agent of the individual concerned upon written release	1085
received from the individual or the individual's agent, or when	1086
necessary for the proper administration of the fund, to the board	1087
assigned physician.	1088

(2) Documentation required by section 2929.193 of the Revised	1089
Code shall be provided to a court holding a hearing under that	1090
section.	1091

(C) Any person who is a contributor of the system shall be	1092
furnished, on written request, with a statement of the amount to	1093
the credit of the person's account. The board need not answer more	1094
than one such request of a person in any one year.	1095

(D) Notwithstanding the exceptions to public inspection in	1096
division (A)(2) of this section, the board may furnish the	1097
following information:	1098

(1) If a member, former member, contributor, former	1099
contributor, or retirant is subject to an order issued under	1100
section 2907.15 of the Revised Code or an order issued under	1101
division (A) or (B) of section 2929.192 of the Revised Code or is	1102
convicted of or pleads guilty to a violation of section 2921.41 of	1103
the Revised Code, on written request of a prosecutor as defined in	1104
section 2935.01 of the Revised Code, the board shall furnish to	1105
the prosecutor the information requested from the individual's	1106
personal history record.	1107

(2) Pursuant to a court or administrative order issued under	1108
section 3119.80, 3119.81, 3121.02, 3121.03, or 3123.06 of the	1109
Revised Code, the board shall furnish to a court or child support	1110
enforcement agency the information required under that section.	1111

(3) At the written request of any person, the board shall	1112
provide to the person a list of the names and addresses of	1113
members, former members, retirants, contributors, former	1114
contributors, or beneficiaries. The costs of compiling, copying,	1115
and mailing the list shall be paid by such person.	1116

(4) Within fourteen days after receiving from the director of	1117
job and family services a list of the names and social security	1118
numbers of recipients of public assistance pursuant to section	1119
5101.181 of the Revised Code, the board shall inform the auditor	1120
of state of the name, current or most recent employer address, and	1121
social security number of each contributor whose name and social	1122
security number are the same as that of a person whose name or	1123
social security number was submitted by the director. The board	1124
and its employees shall, except for purposes of furnishing the	1125
auditor of state with information required by this section,	1126
preserve the confidentiality of recipients of public assistance in	1127
compliance with division (A) of section 5101.181 of the Revised	1128
Code.	1129

(5) The system shall comply with orders issued under section	1130
3105.87 of the Revised Code.	1131

On the written request of an alternate payee, as defined in	1132
section 3105.80 of the Revised Code, the system shall furnish to	1133
the alternate payee information on the amount and status of any	1134
amounts payable to the alternate payee under an order issued under	1135
section 3105.171 or 3105.65 of the Revised Code.	1136

(6) At the request of any person, the board shall make	1137
available to the person copies of all documents, including	1138
resumes, in the board's possession regarding filling a vacancy of	1139
an employee member or retirant member of the board. The person who	1140
made the request shall pay the cost of compiling, copying, and	1141
mailing the documents. The information described in this division	1142
is a public record.	1143

(7) The system shall provide the notice required by section	1144
3309.673 of the Revised Code to the prosecutor assigned to the	1145
case.	1146

(E) A statement that contains information obtained from the	1147
system's records that is signed by an officer of the retirement	1148
system and to which the system's official seal is affixed, or	1149
copies of the system's records to which the signature and seal are	1150
attached, shall be received as true copies of the system's records	1151
in any court or before any officer of this state.	1152

Sec. 3309.66.  The right of an individual to a pension, an	1153
annuity, or a retirement allowance itself, the right of an	1154
individual to any optional benefit, any other right accrued or	1155
accruing to any individual under this chapter, the various funds	1156
created by section 3309.60 of the Revised Code, and all moneys,	1157
investments, and income from moneys and investments are exempt	1158
from any state tax, except the tax imposed by section 5747.02 of	1159
the Revised Code, and are exempt from any county, municipal, or	1160
other local tax, except taxes imposed pursuant to section 5748.02	1161
or 5748.08 of the Revised Code, and, except as provided in	1162
sections 3105.171, 3105.65, 3115.32, 3119.80, 3119.81, 3121.02,	1163
3121.03, 3123.06, 3309.67, and 3309.672, and 3309.673 of the	1164
Revised Code, shall not be subject to execution, garnishment,	1165
attachment, the operation of bankruptcy or insolvency laws, or any	1166
other process of law whatsoever, and shall be unassignable except	1167
as specifically provided in this chapter and in sections 3105.171,	1168
3105.65, 3115.32, 3119.80, 3119.81, 3121.02, 3121.03, and 3123.06	1169
of the Revised Code.	1170

Sec. 3309.661. TheExcept as provided in section 3309.673 of	1171
the Revised Code, the granting of a retirement allowance, annuity,	1172
pension, or other benefit to any person pursuant to action of the	1173
school employees retirement board vests a right in such person, so	1174
long as hethe person remains the recipient of any of the funds	1175
established by section 3309.60 of the Revised Code, to receive	1176
such retirement allowance, annuity, pension, or benefit. Such	1177
right shall also be vested with equal effect in the recipient of a	1178
grant heretofore made from any of the funds named in section	1179
3309.60 of the Revised Code.	1180

Sec. 3309.673.  Notwithstanding any other provision of this	1181
chapter, a disability benefit granted under this chapter is	1182
subject to an order issued under section 2929.193 of the Revised	1183
Code. The school employees retirement board shall comply with the	1184
order.	1185

On receipt of notice under section 2901.43 of the Revised	1186
Code that a school employees retirement system member is charged	1187
with any offense or violation listed in division (D) of section	1188
2929.192 of the Revised Code under the circumstances specified in	1189
that division, the system shall determine whether the member has	1190
been granted a disability benefit. If so, the system shall send	1191
written notice to the prosecutor assigned to the case that the	1192
member has been granted a disability benefit under this chapter	1193
and may be subject to section 2929.193 of the Revised Code.	1194

Sec. 3309.82.  (A) Except as provided in division (B) of this	1195
section, sections 3309.02, 3309.021, and 3309.022 and sections	1196
3309.18 to 3309.70 of the Revised Code do not apply to a plan	1197
established under section 3309.81 of the Revised Code, except that	1198
a plan may incorporate provisions of those sections as specified	1199
in the plan document.	1200

(B) The following sections of Chapter 3309. of the Revised	1201
Code apply to a plan established under section 3309.81 of the	1202
Revised Code: sections 3309.19, 3309.21, 3309.22, 3309.23,	1203
3309.24, 3309.25, 3309.251, 3309.252, 3309.253, 3309.28, 3309.29,	1204
3309.341, 3309.3712, 3309.47, 3309.471, 3309.49, 3309.51, 3309.53,	1205
3309.54, 3309.55, 3309.56, 3309.57, 3309.571, 3309.58, 3309.59,	1206
3309.60, 3309.61, 3309.62, 3309.66, 3309.661, 3309.67, 3309.672,	1207
3309.673, 3309.68, and 3309.70 of the Revised Code.	1208

Sec. 3309.95.  Subject to sections 3309.341, 3309.66,	1209
3309.67, and 3309.672, and 3309.673 of the Revised Code, the right	1210
of a member participating in a plan established under section	1211
3309.81 of the Revised Code to any payment or benefit accruing	1212
from contributions made by or on behalf of the member under	1213
sections 3309.85 and 3309.86 of the Revised Code shall vest in	1214
accordance with this section.	1215

A member's right to any payment or benefit that is based on	1216
the member's contributions is nonforfeitable.	1217

A member's right to any payment or benefit that is based on	1218
contributions by the member's employer is nonforfeitable as	1219
specified by the plan selected by the member.	1220

Sec. 5505.04.  (A)(1) The general administration and	1221
management of the state highway patrol retirement system and the	1222
making effective of this chapter are hereby vested in the state	1223
highway patrol retirement board. The board may sue and be sued,	1224
plead and be impleaded, contract and be contracted with, and do	1225
all things necessary to carry out this chapter.	1226

The board shall consist of the following members:

1227

(a) The superintendent of the state highway patrol;

1228

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

1229

(c) Five employee-members;

1230

(d) One member, known as the treasurer of state's investment	1231
designee, who shall be appointed by the treasurer of state for a	1232
term of four years and who shall have the following	1233
qualifications:	1234

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

1235

(ii) Within the three years immediately preceding the	1236
appointment, the member has not been employed by the public	1237
employees retirement system, police and fire pension fund, state	1238
teachers retirement system, school employees retirement system, or	1239
state highway patrol retirement system or by any person,	1240
partnership, or corporation that has provided to one of those	1241
retirement systems services of a financial or investment nature,	1242
including the management, analysis, supervision, or investment of	1243
assets.	1244

(iii) The member has direct experience in the management,	1245
analysis, supervision, or investment of assets.	1246

(iv) The member is not currently employed by the state or a	1247
political subdivision of the state.	1248

(e) Two investment expert members, who shall be appointed to	1249
four-year terms. One investment expert member shall be appointed	1250
by the governor, and one investment expert member shall be jointly	1251
appointed by the speaker of the house of representatives and the	1252
president of the senate. Each investment expert member shall have	1253
the following qualifications:	1254

(i) Each investment expert member shall be a resident of this	1255
state.	1256

(ii) Within the three years immediately preceding the	1257
appointment, each investment expert member shall not have been	1258
employed by the public employees retirement system, police and	1259
fire pension fund, state teachers retirement system, school	1260
employees retirement system, or state highway patrol retirement	1261
system or by any person, partnership, or corporation that has	1262
provided to one of those retirement systems services of a	1263
financial or investment nature, including the management,	1264
analysis, supervision, or investment of assets.	1265

(iii) Each investment expert member shall have direct	1266
experience in the management, analysis, supervision, or investment	1267
of assets.	1268

(2) The board shall annually elect a chairperson and	1269
vice-chairperson from among its members. The vice-chairperson	1270
shall act as chairperson in the absence of the chairperson. A	1271
majority of the members of the board shall constitute a quorum and	1272
any action taken shall be approved by a majority of the members of	1273
the board. The board shall meet not less than once each year, upon	1274
sufficient notice to the members. All meetings of the board shall	1275
be open to the public except executive sessions as set forth in	1276
division (G) of section 121.22 of the Revised Code, and any	1277
portions of any sessions discussing medical records or the degree	1278
of disability of a member excluded from public inspection by this	1279
section.	1280

(3) Any investment expert member appointed to fill a vacancy	1281
occurring prior to the expiration of the term for which the	1282
member's predecessor was appointed holds office until the end of	1283
such term. The member continues in office subsequent to the	1284
expiration date of the member's term until the member's successor	1285
takes office, or until a period of sixty days has elapsed,	1286
whichever occurs first.	1287

(B) The attorney general shall prescribe procedures for the	1288
adoption of rules authorized under this chapter, consistent with	1289
the provision of section 111.15 of the Revised Code under which	1290
all rules shall be filed in order to be effective. Such procedures	1291
shall establish methods by which notice of proposed rules are	1292
given to interested parties and rules adopted by the board	1293
published and otherwise made available. When it files a rule with	1294
the joint committee on agency rule review pursuant to section	1295
111.15 of the Revised Code, the board shall submit to the Ohio	1296
retirement study council a copy of the full text of the rule, and	1297
if applicable, a copy of the rule summary and fiscal analysis	1298
required by division (B) of section 127.18 of the Revised Code.	1299

(C)(1) As used in this division, "personal history record"	1300
means information maintained by the board on an individual who is	1301
a member, former member, retirant, or beneficiary that includes	1302
the address, telephone number, social security number, record of	1303
contributions, correspondence with the system, and other	1304
information the board determines to be confidential.	1305

(2) The records of the board shall be open to public	1306
inspection, except for the following which shall be excluded: the	1307
member's, former member's, retirant's, or beneficiary's personal	1308
history record and the amount of a monthly allowance or benefit	1309
paid to a retirant, beneficiary, or survivor, except with the	1310
written authorization of the individual concerned. All	1311

(D) All medical reports and recommendations are privileged	1312
except that copiesas follows:	1313

(1) Copies of such medical reports or recommendations shall	1314
be made available to the individual's personal physician,	1315
attorney, or authorized agent upon written release received from	1316
such individual or such individual's agent, or when necessary for	1317
the proper administration of the fund to the board-assigned	1318
physician.	1319

(D)(2) Documentation required by section 2929.193 of the	1320
Revised Code shall be provided to a court holding a hearing under	1321
that section.	1322

(E) Notwithstanding the exceptions to public inspection in	1323
division (C)(2) of this section, the board may furnish the	1324
following information:	1325

(1) If a member, former member, or retirant is subject to an	1326
order issued under section 2907.15 of the Revised Code or an order	1327
issued under division (A) or (B) of section 2929.192 of the	1328
Revised Code or is convicted of or pleads guilty to a violation of	1329
section 2921.41 of the Revised Code, on written request of a	1330
prosecutor as defined in section 2935.01 of the Revised Code, the	1331
board shall furnish to the prosecutor the information requested	1332
from the individual's personal history record.	1333

(2) Pursuant to a court order issued under Chapters 3119.,	1334
3121., and 3123. of the Revised Code, the board shall furnish to a	1335
court or child support enforcement agency the information required	1336
under those chapters.	1337

(3) At the written request of any nonprofit organization or	1338
association providing services to retirement system members,	1339
retirants, or beneficiaries, the board shall provide to the	1340
organization or association a list of the names and addresses of	1341
members, former members, retirants, or beneficiaries if the	1342
organization or association agrees to use such information solely	1343
in accordance with its stated purpose of providing services to	1344
such individuals and not for the benefit of other persons,	1345
organizations, or associations. The costs of compiling, copying,	1346
and mailing the list shall be paid by such entity.	1347

(4) Within fourteen days after receiving from the director of	1348
job and family services a list of the names and social security	1349
numbers of recipients of public assistance pursuant to section	1350
5101.181 of the Revised Code, the board shall inform the auditor	1351
of state of the name, current or most recent employer address, and	1352
social security number of each member whose name and social	1353
security number are the same as those of a person whose name or	1354
social security number was submitted by the director. The board	1355
and its employees, except for purposes of furnishing the auditor	1356
of state with information required by this section, shall preserve	1357
the confidentiality of recipients of public assistance in	1358
compliance with division (A) of section 5101.181 of the Revised	1359
Code.	1360

(5) The system shall comply with orders issued under section	1361
3105.87 of the Revised Code.	1362

On the written request of an alternate payee, as defined in	1363
section 3105.80 of the Revised Code, the system shall furnish to	1364
the alternate payee information on the amount and status of any	1365
amounts payable to the alternate payee under an order issued under	1366
section 3105.171 or 3105.65 of the Revised Code.	1367

(6) At the request of any person, the board shall make	1368
available to the person copies of all documents, including	1369
resumes, in the board's possession regarding filling a vacancy of	1370
an employee member or retirant member of the board. The person who	1371
made the request shall pay the cost of compiling, copying, and	1372
mailing the documents. The information described in this division	1373
is a public record.	1374

(7) The system shall provide the notice required by section	1375
5505.263 of the Revised Code to the prosecutor assigned to the	1376
case.	1377

(E)(F) A statement that contains information obtained from	1378
the system's records that is certified and signed by an officer of	1379
the retirement system and to which the system's official seal is	1380
affixed, or copies of the system's records to which the signature	1381
and seal are attached, shall be received as true copies of the	1382
system's records in any court or before any officer of this state.	1383

Sec. 5505.22.  The right of any individual to a pension, or	1384
to the return of accumulated contributions, payable as provided	1385
under this chapter, and all moneys and investments of the state	1386
highway patrol retirement system and income from moneys or	1387
investments are exempt from any state tax, except the tax imposed	1388
by section 5747.02 of the Revised Code, and are exempt from any	1389
county, municipal, or other local tax, except taxes imposed	1390
pursuant to section 5748.02 or 5748.08 of the Revised Code, and,	1391
except as provided in sections 3105.171, 3105.65, 3115.32,	1392
3119.80, 3119.81, 3121.02, 3121.03, 3123.06, 5505.26, and	1393
5505.262, and 5505.263 of the Revised Code, shall not be subject	1394
to execution, garnishment, attachment, the operation of bankruptcy	1395
or insolvency laws, or any other process of law whatsoever, and	1396
shall be unassignable except as specifically provided in this	1397
chapter.	1398

Sec. 5505.263.  Notwithstanding any other provision of this	1399
chapter, a disability benefit granted under this chapter is	1400
subject to an order issued under section 2929.193 of the Revised	1401
Code. The state highway patrol retirement board shall comply with	1402
the order.	1403

On receipt of notice under section 2901.43 of the Revised	1404
Code that a state highway patrol retirement system member is	1405
charged with an offense listed in division (D) of section 2929.192	1406
of the Revised Code under the circumstances specified in that	1407
division, the system shall determine whether the member has been	1408
granted a disability benefit. If so, the system shall send written	1409
notice to the prosecutor assigned to the case that the member has	1410
been granted a disability benefit under this chapter and may be	1411
subject to section 2929.193 of the Revised Code.	1412

Sec. 5505.34. As used in this section, "alternate payee,"	1413
"benefit," and "lump sum payment" have the same meanings as in	1414
section 3105.80 of the Revised Code.	1415

If a person who is a disability benefit recipient or an	1416
alternate payee, as defined in section 3105.80 of the Revised	1417
Code, is paid any amount from a benefit or lump sum payment under	1418
an order issued under section 3105.171 or 3105.65 of the Revised	1419
Code by the state highway patrol retirement system to which the	1420
person is not entitled, the person shall repay the retirement	1421
system. If the person fails to repay, the retirement system shall	1422
withhold the amount due from any benefit or payment due the person	1423
under the order or may collect the amount in any other manner	1424
provided by law.	1425

Section 2.  That existing sections 145.27, 145.56, 145.561,	1426
145.82, 145.95, 742.41, 742.46, 742.47, 742.64, 2329.66, 2929.192,	1427
3305.07, 3305.08, 3305.20, 3305.22, 3307.20, 3307.41, 3307.42,	1428
3309.22, 3309.66, 3309.661, 3309.82, 3309.95, 5505.04, 5505.22,	1429
and 5505.34 of the Revised Code are hereby repealed.	1430

Section 3.  Section 2329.66 of the Revised Code is presented	1431
in this act as a composite of the section as amended by Sub. H.B	1432
332, Sub. S.B. 3, and Sub. S.B. 281 of the 127th General Assembly.	1433
The General Assembly, applying the principle stated in division	1434
(B) of section 1.52 of the Revised Code that amendments are to be	1435
harmonized if reasonably capable of simultaneous operation, finds	1436
that the composite is the resulting version of the section in	1437
effect prior to the effective date of the section as presented in	1438
this act.	1439