Section 1. That sections 145.572, 145.573, 742.463, 742.464, | 11 |
2901.43, 2929.192, 2929.193, 3305.11, 3305.12, 3307.372, 3307.373, | 12 |
3309.672, 3309.673, 5505.262, and 5505.263 of the Revised Code be | 13 |
amended to read as follows: | 14 |
(2) The public employees retirement system shall comply with | 27 |
a forfeiture order issued under division (A) or (B) of section | 28 |
2929.192 of the Revised Code at the time the member or contributor | 29 |
applies for payment of the person's accumulated contributions. | 30 |
Upon payment of the person's contributions and cancellation of any | 31 |
corresponding service credit, a person who is subject to the | 32 |
forfeiture order described in this division may not restore any | 33 |
canceled service credit under this chapter or the provisions of | 34 |
Chapter 742., 3305., 3307., 3309., or 5505. of the Revised Code. | 35 |
(B) Notwithstanding any other provision of this chapter, if | 36 |
the system receives notice pursuant to section 2901.43 of the | 37 |
Revised Code that a person who has accumulated contributions | 38 |
standing to the person's credit pursuant to this chapter is | 39 |
charged with any offense or violation listed or described in | 40 |
divisionsdivision (D)(1) to (3) of section 2929.192 of the | 41 |
Revised Code that is a felony inunder the circumstances specified | 42 |
in the particular divisionthat section, all of the following | 43 |
apply: | 44 |
On receipt of notice under section 2901.43 of the Revised | 67 |
Code that a public employees retirement system member is charged | 68 |
with an offense listed in division (D) of section 2929.192 of the | 69 |
Revised Code under the circumstances specified in that division | 70 |
section, the system shall determine whether the member has been | 71 |
granted a disability benefit. If so, the system shall send written | 72 |
notice to the prosecutor assigned to the case that the member has | 73 |
been granted a disability benefit under this chapter and may be | 74 |
subject to section 2929.193 of the Revised Code. | 75 |
Sec. 742.463. (A) Notwithstanding any other provision of | 76 |
this chapter, any payment of accumulated contributions standing to | 77 |
a person's credit under this chapter and any other amount or | 78 |
amounts to be paid to a person who is a contributor under this | 79 |
chapter upon the person's withdrawal of contributions pursuant to | 80 |
this chapter shall be subject to any forfeiture ordered under | 81 |
division (A) or (B) of section 2929.192 of the Revised Code, and | 82 |
the Ohio police and fire pension fund shall comply with that order | 83 |
in making the payment. Upon payment of the person's accumulated | 84 |
contributions and cancellation of the corresponding service | 85 |
credit, a person who is subject to the forfeiture described in | 86 |
this division may not restore the canceled service credit under | 87 |
this chapter or under Chapter 145., 3305., 3307., 3309., or 5505. | 88 |
of the Revised Code. | 89 |
(B) Notwithstanding any other provision of this chapter, if | 90 |
the fund receives notice pursuant to section 2901.43 of the | 91 |
Revised Code that a person who has accumulated contributions | 92 |
standing to the person's credit pursuant to this chapter is | 93 |
charged with any offense or violation listed or described in | 94 |
divisionsdivision (D)(1) to (3) of section 2929.192 of the | 95 |
Revised Code that is a felony inunder the circumstances specified | 96 |
in the particular divisionthat section, all of the following | 97 |
apply: | 98 |
On receipt of notice under section 2901.43 of the Revised | 121 |
Code that an Ohio police and fire pension fund member is charged | 122 |
with an offense listed in division (D) of section 2929.192 of the | 123 |
Revised Code under the circumstances specified in that division | 124 |
section, the fund shall determine whether the member has been | 125 |
granted a disability benefit. If so, the fund shall send written | 126 |
notice to the prosecutor assigned to the case that the member has | 127 |
been granted a disability benefit under this chapter and may be | 128 |
subject to section 2929.193 of the Revised Code. | 129 |
(a) A violation of section 2923.32 of the Revised Code or any | 138 |
other violation or offense that includes as an element a course of | 139 |
conduct or the occurrence of multiple acts is "committed on or | 140 |
after the effective date of this sectionMay 13, 2008," if the | 141 |
course of conduct continues, one or more of the multiple acts | 142 |
occurs, or the subject person's accountability for the course of | 143 |
conduct or for one or more of the multiple acts continues, on or | 144 |
after the effective date of this sectionMay 13, 2008; | 145 |
(b) A violation of section 2923.32 of the Revised Code or any | 146 |
other violation or offense that includes as an element a course of | 147 |
conduct or the occurrence of multiple acts is "committed on or | 148 |
after the effective date of this amendment" if the course of | 149 |
conduct continues, one or more of the multiple acts occurs, or the | 150 |
offender's accountability for the course of conduct or for one or | 151 |
more of the multiple acts continues on or after the effective date | 152 |
of this amendment. | 153 |
(C) Upon the filing of charges against a person alleging that | 169 |
the person committed on or after the effective date of this | 170 |
section any violation or offense specified in division (C) of this | 171 |
section, if the person allegedly committed the violation or | 172 |
offense while serving in a position of honor, trust, or profit and | 173 |
if the person is an electing employee participating in an | 174 |
alternative retirement plan or a member of a public retirement | 175 |
systemsubject to this section, the prosecutor who is assigned the | 176 |
case shall send written notice that those charges have been filed | 177 |
against that person to the alternative retirement plan in which | 178 |
the person is a participant or the public retirement system in | 179 |
which the person is a member or contributor, whichever is | 180 |
applicable. The written notice shall specifically identify the | 181 |
person charged. | 182 |
Sec. 2929.192. (A) If an offender is being sentenced for any | 188 |
felony offense listed in division (D) of this section that was | 189 |
committed on or after May 13, 2008, if the offender committed the | 190 |
offense while serving in a position of honor, trust, or profit, | 191 |
and if the offender, at the time of the commission of the offense, | 192 |
was a member of any public retirement system or a participant in | 193 |
an alternative retirement plan, inIn addition to any other | 194 |
sanction
ita court imposes under section 2929.14, 2929.15, | 195 |
2929.16, 2929.17, or 2929.18 of the Revised Code but subject to | 196 |
division (B) of this section, the court shall order the forfeiture | 197 |
to the public retirement system or alternative retirement plan in | 198 |
which the offender was a member, contributor, or participant of | 199 |
the offender's right to a retirement allowance, pension, | 200 |
disability benefit, or other right or benefit, other than payment | 201 |
of the offender's accumulated contributions, earned by reason of | 202 |
the offender's being a member of the public retirement system or | 203 |
alternative retirement plan. Aif all of the following apply: | 204 |
(B) In any case in which a sentencing court is required to | 223 |
order forfeiture of an offender's right to a retirement allowance, | 224 |
pension, disability benefit, or other right or benefit under | 225 |
division (A) of this section, the offender may request a hearing | 226 |
regarding the forfeiture by delivering to the court prior to | 227 |
sentencing a written request for a hearing. If a request for a | 228 |
hearing is made by the offender prior to sentencing, the court | 229 |
shall conduct the hearing before sentencing. The court shall | 230 |
notify the offender, the prosecutor who handled the case in which | 231 |
the offender was convicted of or pleaded guilty to the offense for | 232 |
which the forfeiture order was imposed, and the appropriate public | 233 |
retirement system, or alternative retirement plan provider, | 234 |
whichever is applicable, or, if more than one is specified in the | 235 |
motion, the applicable combination of these, of the hearing. A | 236 |
hearing scheduled under this division shall be limited to a | 237 |
consideration of whether there is good cause based on evidence | 238 |
presented by the offender for the forfeiture order not to be | 239 |
issued. If the court determines based on evidence presented by the | 240 |
offender that there is good cause for the forfeiture order not to | 241 |
be issued, the court shall not issue the forfeiture order. If the | 242 |
offender does not request a hearing prior to sentencing or if the | 243 |
court conducts a hearing but does not determine based on evidence | 244 |
presented by the offender that there is good cause for the | 245 |
forfeiture order not to be issued, the court shall order the | 246 |
forfeiture described in division (A) of this section in accordance | 247 |
with that division and shall send a copy of the journal entry | 248 |
imposing sentence on the offender to the appropriate public | 249 |
retirement system or alternative retirement plan in which the | 250 |
offender was a member, contributor, or participant. | 251 |
(C) Upon receipt of a copy of the journal entry imposing | 252 |
sentence on an offender under division (A) or (B) of this section | 253 |
that contains an order of forfeiture of a type described in that | 254 |
division, the public retirement system or alternative retirement | 255 |
plan in which the offender was a member, contributor, or | 256 |
participant shall comply with the forfeiture order on application | 257 |
for a refund of the accumulated contributions of the member, | 258 |
contributor, or participant. | 259 |
(1) A violation of section 2923.32 of the Revised Code or any | 290 |
other violation or offense that includes as an element a course of | 291 |
conduct or the occurrence of multiple acts is "committed on or | 292 |
after May 13, 2008," if the course of conduct continues, one or | 293 |
more of the multiple acts occurs, or the subject person's | 294 |
offender's accountability for the course of conduct or for one or | 295 |
more of the multiple acts continues, on or after May 13, 2008; | 296 |
(2) A violation of section 2923.32 of the Revised Code or any | 297 |
other violation or offense that includes as an element a course of | 298 |
conduct or the occurrence of multiple acts is "committed on or | 299 |
after the effective date of this amendment" if the course of | 300 |
conduct continues, one or more of the multiple acts occurs, or the | 301 |
offender's accountability for the course of conduct or for one or | 302 |
more of the multiple acts continues on or after the effective date | 303 |
of this amendment. | 304 |
(b) On and after the effective date of this amendmentJuly | 321 |
29, 2011, "position of honor, trust, or profit" has the same | 322 |
meaning as in division (F)(1)(a) of this section, except that it | 323 |
also includes a position in which, in the course of public | 324 |
employment, an employee has control over the expenditure of public | 325 |
funds of one hundred thousand dollars or more annually. | 326 |
(a) Regarding an offender who is a member of, or contributor | 332 |
to, the public employees retirement system, except as otherwise | 333 |
provided in division (F)(3)(a) of this section, "accumulated | 334 |
contributions" has the same meaning as in section 145.01 of the | 335 |
Revised Code. For a member participating in a PERS defined | 336 |
contribution plan, "accumulated contributions" means the | 337 |
contributions made under section 145.85 of the Revised Code and | 338 |
any earnings on those contributions. For a member participating in | 339 |
a PERS defined contribution plan that includes definitely | 340 |
determinable benefits, "accumulated contributions" means the | 341 |
contributions made under section 145.85 of the Revised Code, any | 342 |
earnings on those contributions, and additionally any amounts paid | 343 |
by the member to purchase service credits. | 344 |
(c) Regarding an offender who is a member of, or contributor | 349 |
to, the state teachers retirement system, except as otherwise | 350 |
provided in division (F)(3)(c) of this section, "accumulated | 351 |
contributions" has the same meaning as in section 3307.50 of the | 352 |
Revised Code. For a member participating in an STRS defined | 353 |
contribution plan, "accumulated contributions" means the | 354 |
contributions made under section 3307.26 of the Revised Code to | 355 |
participate in a plan established under section 3307.81 of the | 356 |
Revised Code and any earnings on those contributions. For a member | 357 |
participating in a STRS defined contribution plan that includes | 358 |
definitely determinable benefits, "accumulated contributions" | 359 |
means the contributions made under section 3307.26 of the Revised | 360 |
Code to participate in a plan established under section 3307.81 of | 361 |
the Revised Code, any earnings on those contributions, and | 362 |
additionally any amounts paid by the member to purchase service | 363 |
credits. | 364 |
(C)(1) Prior to sentencing an offender subject to this | 409 |
section, the court shall hold a hearing regarding the condition | 410 |
for which the offender was granted a disability benefit. Not later | 411 |
than ten days prior to the scheduled date of the hearing, the | 412 |
court shall give written notice of the hearing to the offender, | 413 |
the prosecutor who handled the case, and the appropriate public | 414 |
retirement system, alternative retirement plan provider, or, if | 415 |
more than one is providing a disability benefit, the applicable | 416 |
combination of these. The hearing shall be limited to a | 417 |
consideration of whether the offender's disabling condition arose | 418 |
out of the commission of the offense the offender was convicted of | 419 |
or pleaded guilty to. | 420 |
(1) A violation of section 2923.32 of the Revised Code or any | 433 |
other violation or offense that includes as an element a course of | 434 |
conduct or the occurrence of multiple acts is "committed on or | 435 |
after the effective date of this sectionJuly 29, 2011," if the | 436 |
course of conduct continues, one or more of the multiple acts | 437 |
occurs, or the offender's accountability for the course of conduct | 438 |
or for one or more of the multiple acts continues on or after the | 439 |
effective date of this sectionJuly 29, 2011; | 440 |
(2) A violation of section 2923.32 of the Revised Code or any | 441 |
other violation or offense that includes as an element a course of | 442 |
conduct or the occurrence of multiple acts is "committed on or | 443 |
after the effective date of this amendment" if the course of | 444 |
conduct continues, one or more of the multiple acts occurs, or the | 445 |
offender's accountability for the course of conduct or for one or | 446 |
more of the multiple acts continues on or after the effective date | 447 |
of this amendment. | 448 |
Sec. 3305.11. (A) Notwithstanding any other provision of | 449 |
this chapter, any payment of accumulated contributions standing to | 450 |
a person's credit under this chapter and any other amount or | 451 |
amounts to be paid to a person who is a contributor under this | 452 |
chapter upon the person's withdrawal of contributions pursuant to | 453 |
this chapter shall be subject to any forfeiture ordered under | 454 |
division (A) or (B) of section 2929.192 of the Revised Code, and | 455 |
the provider of an alternative retirement plan shall comply with | 456 |
that order in making the payment. Upon payment of the person's | 457 |
accumulated contributions and cancellation of the corresponding | 458 |
service credit, a person who is subject to the forfeiture | 459 |
described in this division may not restore the canceled service | 460 |
credit under this chapter or under Chapter 145., 742., 3307., | 461 |
3309., or 5505. of the Revised Code. | 462 |
(B) Notwithstanding any other provision of this chapter, if | 463 |
the provider of an alternative retirement plan receives notice | 464 |
pursuant to section 2901.43 of the Revised Code that a person who | 465 |
has accumulated contributions standing to the person's credit | 466 |
pursuant to this chapter is charged with any offense or violation | 467 |
listed or described in divisionsdivision (D)(1) to (3) of section | 468 |
2929.192 of the Revised Code that is a felony inunder the | 469 |
circumstances specified in the particular divisionthat section, | 470 |
all of the following apply: | 471 |
On receipt of notice under section 2901.43 of the Revised | 495 |
Code that an alternative retirement plan participant is charged | 496 |
with an offense listed in division (D) of section 2929.192 of the | 497 |
Revised Code under the circumstances specified in that division | 498 |
section, the entity shall determine whether the participant has | 499 |
been granted a disability benefit. If so, the entity shall send | 500 |
written notice to the prosecutor assigned to the case that the | 501 |
participant has been granted a disability benefit under an | 502 |
alternative retirement plan and may be subject to section 2929.193 | 503 |
of the Revised Code. | 504 |
Sec. 3307.372. (A) Notwithstanding any other provision of | 505 |
this chapter, any payment of accumulated contributions standing to | 506 |
a person's credit under this chapter and any other amount or | 507 |
amounts to be paid to a person who is a contributor under this | 508 |
chapter upon the person's withdrawal of contributions pursuant to | 509 |
this chapter shall be subject to any forfeiture ordered under | 510 |
division (A) or (B) of section 2929.192 of the Revised Code, and | 511 |
the state teachers retirement system shall comply with that order | 512 |
in making the payment. Upon payment of the person's accumulated | 513 |
contributions and cancellation of the corresponding service | 514 |
credit, a person who is subject to the forfeiture described in | 515 |
this division may not restore the canceled service credit under | 516 |
this chapter or under Chapter 145., 742., 3305., 3309., or 5505. | 517 |
of the Revised Code. | 518 |
(B) Notwithstanding any other provision of this chapter, if | 519 |
the system receives notice pursuant to section 2901.43 of the | 520 |
Revised Code that a person who has accumulated contributions | 521 |
standing to the person's credit pursuant to this chapter is | 522 |
charged with any offense or violation listed or described in | 523 |
divisionsdivision (D)(1) to (3) of section 2929.192 of the | 524 |
Revised Code that is a felony inunder the circumstances specified | 525 |
in the particular divisionthat section, all of the following | 526 |
apply: | 527 |
On receipt of notice under section 2901.43 of the Revised | 550 |
Code that a state teachers retirement system member is charged | 551 |
with an offense listed in division (D) of section 2929.192 of the | 552 |
Revised Code under the circumstances specified in that division | 553 |
section, the system shall determine whether the member has been | 554 |
granted a disability benefit. If so, the system shall send written | 555 |
notice to the prosecutor assigned to the case that the member has | 556 |
been granted a disability benefit under this chapter and may be | 557 |
subject to section 2929.193 of the Revised Code. | 558 |
Sec. 3309.672. (A) Notwithstanding any other provision of | 559 |
this chapter, any payment of accumulated contributions standing to | 560 |
a person's credit under this chapter and any other amount or | 561 |
amounts to be paid to a person who is a contributor under this | 562 |
chapter upon the person's withdrawal of contributions pursuant to | 563 |
this chapter shall be subject to any forfeiture ordered under | 564 |
division (A) or (B) of section 2929.192 of the Revised Code, and | 565 |
the school employees retirement system shall comply with that | 566 |
order in making the payment. Upon payment of the person's | 567 |
accumulated contributions and cancellation of the corresponding | 568 |
service credit, a person who is subject to the forfeiture | 569 |
described in this division may not restore the canceled service | 570 |
credit under this chapter or under Chapter 145., 742., 3305., | 571 |
3307., or 5505. of the Revised Code. | 572 |
(B) Notwithstanding any other provision of this chapter, if | 573 |
the system receives notice pursuant to section 2901.43 of the | 574 |
Revised Code that a person who has accumulated contributions | 575 |
standing to the person's credit pursuant to this chapter is | 576 |
charged with any offense or violation listed or described in | 577 |
divisionsdivision (D)(1) to (3) of section 2929.192 of the | 578 |
Revised Code that is a felony inunder the circumstances specified | 579 |
in the particular divisionthat section, all of the following | 580 |
apply: | 581 |
On receipt of notice under section 2901.43 of the Revised | 604 |
Code that a school employees retirement system member is charged | 605 |
with an offense listed in division (D) of section 2929.192 of the | 606 |
Revised Code under the circumstances specified in that division | 607 |
section, the system shall determine whether the member has been | 608 |
granted a disability benefit. If so, the system shall send written | 609 |
notice to the prosecutor assigned to the case that the member has | 610 |
been granted a disability benefit under this chapter and may be | 611 |
subject to section 2929.193 of the Revised Code. | 612 |
Sec. 5505.262. (A) Notwithstanding any other provision of | 613 |
this chapter, any payment of accumulated contributions standing to | 614 |
a person's credit under this chapter and any other amount or | 615 |
amounts to be paid to a person who is a contributor under this | 616 |
chapter upon the person's withdrawal of contributions pursuant to | 617 |
this chapter shall be subject to any forfeiture ordered under | 618 |
division (A) or (B) of section 2929.192 of the Revised Code, and | 619 |
the state highway patrol retirement system shall comply with that | 620 |
order in making the payment. Upon payment of the person's | 621 |
accumulated contributions and cancellation of the corresponding | 622 |
service credit, a person who is subject to the forfeiture | 623 |
described in this division may not restore the canceled service | 624 |
credit under this chapter or under Chapter 145., 742., 3305., | 625 |
3307., or 3309. of the Revised Code. | 626 |
(B) Notwithstanding any other provision of this chapter, if | 627 |
the system receives notice pursuant to section 2901.43 of the | 628 |
Revised Code that a person who has accumulated contributions | 629 |
standing to the person's credit pursuant to this chapter is | 630 |
charged with any offense or violation listed or described in | 631 |
divisionsdivision (D)(1) to (3) of section 2929.192 of the | 632 |
Revised Code that is a felony inunder the circumstances specified | 633 |
in the particular divisionthat section, all of the following | 634 |
apply: | 635 |
On receipt of notice under section 2901.43 of the Revised | 658 |
Code that a state highway patrol retirement system member is | 659 |
charged with an offense listed in division (D) of section 2929.192 | 660 |
of the Revised Code under the circumstances specified in that | 661 |
divisionsection, the system shall determine whether the member | 662 |
has been granted a disability benefit. If so, the system shall | 663 |
send written notice to the prosecutor assigned to the case that | 664 |
the member has been granted a disability benefit under this | 665 |
chapter and may be subject to section 2929.193 of the Revised | 666 |
Code. | 667 |
Section 2. That existing sections 145.572, 145.573, 742.463, | 668 |
742.464, 2901.43, 2929.192, 2929.193, 3305.11, 3305.12, 3307.372, | 669 |
3307.373, 3309.672, 3309.673, 5505.262, and 5505.263 of the | 670 |
Revised Code are hereby repealed. | 671 |