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 |
(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 |
(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 |
(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 |
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 |
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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
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 |
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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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) 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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
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 |
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 |