As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 162

Representatives Dovilla, Anielski 

Cosponsors: Representatives Buchy, Thompson, Hackett, Ruhl, Grossman, Becker, Patmon, Baker, Johnson, Hagan, C., Perales 

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A BILL

To amend sections 145.56, 145.561, 145.572, 145.573,

1

145.82, 145.95, 742.46, 742.463, 742.464, 742.47,

2

2901.43, 2929.192, 2929.193, 3305.08, 3305.11,

3

3305.12, 3307.372, 3307.373, 3307.41, 3307.42,

4

3309.66, 3309.661, 3309.672, 3309.673, 3309.82,

5

3309.95, 5505.22, 5505.262, and 5505.263 and to

6

enact sections 145.575, 145.576, 742.465, 742.466,

7

2901.432, 2927.28, 3305.13, 3305.14, 3307.374,

8

3307.375, 3309.674, 3309.675, 5505.264, and

9

5505.265 of the Revised Code to add extortion and

10

perjury and certain federal offenses to the

11

offenses committed by a public retirement system

12

member while serving in a position of honor,

13

trust, or profit that may result in forfeiture of

14

retirement system benefits or the termination of

15

retirement system disability benefits.

16

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

Section 1.  That sections 145.56, 145.561, 145.572, 145.573,	17
145.82, 145.95, 742.46, 742.463, 742.464, 742.47, 2901.43,	18
2929.192, 2929.193, 3305.08, 3305.11, 3305.12, 3307.372, 3307.373,	19
3307.41, 3307.42, 3309.66, 3309.661, 3309.672, 3309.673, 3309.82,	20
3309.95, 5505.22, 5505.262, and 5505.263 be amended and sections	21
145.575, 145.576, 742.465, 742.466, 2901.432, 2927.28, 3305.13,	22
3305.14, 3307.374, 3307.375, 3309.674, 3309.675, 5505.264, and	23
5505.265 of the Revised Code be enacted to read as follows:	24

Sec. 145.56.  The right of an individual to a pension, an	25
annuity, or a retirement allowance itself, the right of an	26
individual to any optional benefit, any other right accrued or	27
accruing to any individual, under this chapter, or under any	28
municipal retirement system established subject to this chapter	29
under the laws of this state or any charter, the various funds	30
created by this chapter, or under such municipal retirement	31
system, and all moneys, investments, and income from moneys or	32
investments are exempt from any state tax, except the tax imposed	33
by section 5747.02 of the Revised Code, and are exempt from any	34
county, municipal, or other local tax, except income taxes imposed	35
pursuant to section 5748.02, 5748.08, or 5748.09 of the Revised	36
Code, and, except as provided in sections 145.57, 145.572,	37
145.573, 145.574, 145.575, 145.576, 3105.171, 3105.65, and 3115.32	38
and Chapters 3119., 3121., 3123., and 3125. of the Revised Code,	39
shall not be subject to execution, garnishment, attachment, the	40
operation of bankruptcy or insolvency laws, or other process of	41
law whatsoever, and shall be unassignable except as specifically	42
provided in this chapter and sections 3105.171, 3105.65, and	43
3115.32 and Chapters 3119., 3121., 3123., and 3125. of the Revised	44
Code.	45

Sec. 145.561.  (A) Except as provided in division (B) of this	46
section and section 145.363, 145.572, 145.573, or 145.574,	47
145.575, or 145.576 of the Revised Code, the granting of a	48
retirement allowance, annuity, pension, or other benefit to any	49
person pursuant to action of the public employees retirement board	50
vests a right in such person, so long as the person remains the	51
recipient of any benefit of the funds established by section	52
145.23 of the Revised Code, to receive such retirement allowance,	53
annuity, pension, or other benefit at the rate fixed at the time	54
of granting such retirement allowance, annuity, pension, or other	55
benefit. Such right shall also be vested with equal effect in the	56
recipient of a grant heretofore made from any of the funds named	57
in section 145.23 of the Revised Code.	58

(B) This section does not apply to an increase made under	59
section 145.323 of the Revised Code for a recipient whose benefit	60
effective date is on or after the effective date of this amendment	61
January 7, 2013.	62

Sec. 145.572. (A)(1) Notwithstanding any other provision of	63
this chapter, the following shall be subject to a forfeiture	64
ordered under division (A) or (B) of section 145.575 or 2929.192	65
of the Revised Code:	66

(a) The right of a member to receive any payment under a	67
pension, annuity, allowance, or other type of benefit under this	68
chapter, other than a payment of the accumulated contributions	69
standing to the person's credit under this chapter;	70

(b) The right of a contributor to receive a benefit under	71
division (B) of section 145.384 of the Revised Code, other than a	72
payment of the person's contributions made under section 145.38 or	73
145.383 of the Revised Code.	74

(2) The public employees retirement system shall comply with	75
a forfeiture order issued under division (A) or (B) of section	76
145.575 or 2929.192 of the Revised Code at the time the member or	77
contributor applies for payment of the person's accumulated	78
contributions. Upon payment of the person's contributions and	79
cancellation of any corresponding service credit, a person who is	80
subject to the forfeiture order described in this division may not	81
restore any canceled service credit under this chapter or the	82
provisions of Chapter 742., 3305., 3307., 3309., or 5505. of the	83
Revised Code.	84

(B) Notwithstanding any other provision of this chapter, if	85
the system receives notice pursuant to section 2901.43 or division	86
(C) of section 2901.432 of the Revised Code that a person who has	87
accumulated contributions standing to the person's credit pursuant	88
to this chapter is charged with any offense or violation listed or	89
described in divisionsdivision (B)(1) of section 2901.432 or	90
division (D)(1) to (3) of section 2929.192 of the Revised Code	91
that is a felony inunder the circumstances specified in the	92
particular divisionthose sections, all of the following apply:	93

(1) No payment of those accumulated contributions or of any	94
other amount or amounts to be paid to a person who is a member or	95
contributor under this chapter upon the person's withdrawal of	96
contributions pursuant to this chapter shall be made prior to	97
whichever of the following is applicable:	98

(a) If the person is convicted of or pleads guilty to the	99
charge and forfeiture is ordered under division (A) or (B) of	100
sectioneither of the following:	101

(i) Section 2929.192 of the Revised Code, the day on which	102
the system receives from the court a copy of the journal entry of	103
the offender's sentence under that section;	104

(ii) Section 145.575 of the Revised Code, the day on which	105
the system receives from the person the notice required by	106
division (D) of section 2901.432 of the Revised Code.	107

(b) If the charge against the person is dismissed, the person	108
is found not guilty of the charge, or the person is found not	109
guilty by reason of insanity of the charge, the day on which the	110
system receives notice of the final disposition of the charge.	111

(2) The system shall not process any application for payment	112
under this chapter from the person prior to the final disposition	113
of the charge.	114

Sec. 145.573.  Notwithstanding any other provision of this	115
chapter, a disability benefit granted under this chapter is	116
subject to an order issued under section 2929.193 of the Revised	117
Code. The public employees retirement board shall comply with the	118
order.	119

On receipt of notice under section 2901.43 of the Revised	120
Code that a public employees retirement system member is charged	121
with an offense listed in division (D) of section 2929.192 of the	122
Revised Code under the circumstances specified in that division	123
section, the system shall determine whether the member has been	124
granted a disability benefit. If so, the system shall send written	125
notice to the prosecutor assigned to the case that the member has	126
been granted a disability benefit under this chapter and may be	127
subject to section 2929.193 of the Revised Code.	128

Sec. 145.575. (A) As used in this section, "position of	129
honor, trust, or profit" has the same meaning as in section	130
2929.192 of the Revised Code.	131

(B) Subject to division (D)(1) of this section, the public	132
employees retirement system shall order the forfeiture of a	133
person's right to a retirement allowance, pension, disability	134
benefit, or other right or benefit, other than payment of the	135
person's accumulated contributions, if all of the following apply:	136

(1) The person is convicted of or pleads guilty to an offense	137
described in division (B)(1) of section 2901.432 of the Revised	138
Code that was committed on or after the effective date of this	139
section.	140

(2) The offense was committed while the person was serving in	141
a position of honor, trust, or profit.	142

(3) At the time of the offense, the person was a member of	143
the system or a contributor to the system receiving or eligible to	144
receive a benefit under section 145.384 of the Revised Code.	145

(C) The person may request a hearing regarding the forfeiture	146
by submitting to the system a written request for a hearing. If	147
there is a timely request, the system shall schedule the hearing.	148
Not later than ten days prior to the scheduled date of the	149
hearing, the system shall give written notice of the hearing to	150
the person and the federal prosecutor who handled the case. The	151
hearing shall be limited to a consideration of whether there is	152
good cause based on evidence presented by the person for the	153
forfeiture order not to be issued.	154

(D)(1) If the system determines based on evidence presented	155
by the person that there is good cause for the forfeiture order	156
not to be issued, the system shall not order the forfeiture.	157

(2) If the person does not make a timely request for a	158
hearing or if a hearing is held and the system does not determine	159
based on evidence presented by the person that there is good cause	160
for the forfeiture order not to be issued, the system shall order	161
the forfeiture described in division (B) of this section.	162

Sec. 145.576. (A) As used in this section, "position of	163
honor, trust, or profit" has the same meaning as in section	164
2929.192 of the Revised Code.	165

(B) This section applies to a person to whom all of the	166
following apply:	167

(1) The person is convicted of or pleads guilty to an offense	168
described in division (B)(1) of section 2901.432 of the Revised	169
Code that was committed on or after the effective date of this	170
section.	171

(2) The offense was committed while the person was serving in	172
a position of honor, trust, or profit.	173

(3) At the time of the offense, the person was a member of	174
the public employees retirement system or a contributor to the	175
system receiving or eligible to receive a benefit under section	176
145.384 of the Revised Code.	177

(4) Prior to the final disposition of the case, the person	178
was granted a disability benefit by the system.	179

(C)(1) The retirement system shall hold a hearing regarding	180
the condition for which the member was granted a disability	181
benefit. Not later than ten days prior to the scheduled date of	182
the hearing, the system shall give written notice of the hearing	183
to the member and the federal prosecutor who handled the case. The	184
hearing shall be limited to a consideration of whether the	185
member's disabling condition arose out of the commission of the	186
offense the member was convicted of or pleaded guilty to.	187

The system shall consider the member's medical reports and	188
recommendations, and the member's disability application. If the	189
system determines based on those documents that the disabling	190
condition arose out of the commission of the offense the member	191
was convicted of or pleaded guilty to, the system shall terminate	192
the disability benefit.	193

(2) Any disability benefit paid the member prior to its	194
termination may be recovered in accordance with section 145.563 of	195
the Revised Code.	196

Sec. 145.82.  (A) Except as provided in divisions (B) and (C)	197
of this section, sections 145.201 to 145.70 of the Revised Code do	198
not apply to a PERS defined contribution plan, except that a PERS	199
defined contribution plan may incorporate provisions of those	200
sections as specified in the plan document.	201

(B) The following sections of Chapter 145. of the Revised	202
Code apply to a PERS defined contribution plan: 145.195, 145.22,	203
145.221, 145.23, 145.25, 145.26, 145.27, 145.296, 145.38, 145.384,	204
145.391, 145.43, 145.431, 145.47, 145.48, 145.483, 145.51, 145.52,	205
145.53, 145.54, 145.55, 145.56, 145.563, 145.57, 145.571, 145.572,	206
145.573, 145.574, 145.575, 145.576, 145.69, and 145.70 of the	207
Revised Code.	208

(C) A PERS defined contribution plan that includes definitely	209
determinable benefits may incorporate by reference all or part of	210
sections 145.201 to 145.79 of the Revised Code to allow a member	211
participating in the plan to purchase service credit or to be	212
eligible for any of the following:	213

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

214

(2) Health or long-term care insurance or any other type of	215
health care benefit;	216

(3) Additional increases under section 145.323 of the Revised	217
Code;	218

(4) A refund of contributions made by or on behalf of a	219
member.	220

With respect to the benefits described in division (C)(1) of	221
this section, the public employees retirement board may establish	222
eligibility requirements and benefit formulas or amounts that	223
differ from those of members participating in the PERS defined	224
benefit plan. With respect to the purchase of service credit by a	225
member participating in a PERS defined contribution plan, the	226
board may reduce the cost of the service credit to reflect the	227
different benefit formula established for the member.	228

Sec. 145.95.  (A) Subject to division (B) of this section and	229
sections 145.38, 145.56, 145.57, 145.572, 145.573, and 145.574,	230
145.575, and 145.576 of the Revised Code, the right of a member	231
participating in a PERS defined contribution plan to any payment	232
or benefit accruing from contributions made by or on behalf of the	233
member under sections 145.85 and 145.86 of the Revised Code shall	234
vest in accordance with this section.	235

A member's right to any payment or benefit that is based on	236
the member's contributions is nonforfeitable.	237

A member's right to any payment or benefit that is based on	238
contributions by the member's employer is nonforfeitable as	239
specified by the plan selected by the member.	240

(B) This section does not apply to an increase made under	241
section 145.323 of the Revised Code on or after the effective date	242
of this amendmentJanuary 7, 2013.	243

Sec. 742.46.  Except as provided in sectionsections 742.463,	244
742.464, 742.465, and 742.466 of the Revised Code, the granting of	245
a benefit or pension to any person under sections 742.01 to 742.61	246
of the Revised Code, other than a person participating in the	247
deferred retirement option plan established under section 742.43	248
of the Revised Code, vests a right in such person to obtain and	249
receive the amount of such benefit or pension granted to the	250
person subject to sections 742.01 to 742.61 of the Revised Code.	251
Subject to sections 742.444 and, 742.463, 742.464, 742.465, and	252
742.466 of the Revised Code, a person participating in the	253
deferred retirement option plan vests in the right to obtain and	254
receive the amount accrued to the benefit of the person when the	255
person ceases participating in the plan.	256

Such right may be enforced by an action in mandamus	257
instituted in the court of common pleas in the county in which the	258
person granted such benefit or pension resides.	259

Sec. 742.463.  (A) Notwithstanding any other provision of	260
this chapter, any payment of accumulated contributions standing to	261
a person's credit under this chapter and any other amount or	262
amounts to be paid to a person who is a member or contributor	263
under this chapter upon the person's withdrawal of contributions	264
pursuant to this chapter shall be subject to any forfeiture	265
ordered under division (A) or (B) of section 742.465 or 2929.192	266
of the Revised Code, and the Ohio police and fire pension fund	267
shall comply with that order in making the payment. Upon payment	268
of the person's accumulated contributions and cancellation of the	269
corresponding service credit, a person who is subject to the	270
forfeiture described in this division may not restore the canceled	271
service credit under this chapter or under Chapter 145., 3305.,	272
3307., 3309., or 5505. of the Revised Code.	273

(B) Notwithstanding any other provision of this chapter, if	274
the fund receives notice pursuant to section 2901.43 or division	275
(C) of section 2901.432 of the Revised Code that a person who has	276
accumulated contributions standing to the person's credit pursuant	277
to this chapter is charged with any offense or violation listed or	278
described in divisionsdivision (B)(1) of section 2901.432 or	279
division (D)(1) to (3) of section 2929.192 of the Revised Code	280
that is a felony inunder the circumstances specified in the	281
particular divisionthose sections, all of the following apply:	282

(1) No payment of those accumulated contributions or of any	283
other amount or amounts to be paid to a person who is a member or	284
contributor under this chapter upon the person's withdrawal of	285
contributions pursuant to this chapter shall be made prior to	286
whichever of the following is applicable:	287

(a) If the person is convicted of or pleads guilty to the	288
charge and forfeiture is ordered under division (A) or (B) of	289
sectioneither of the following:	290

(i) Section 2929.192 of the Revised Code, the day on which	291
the fund receives from the court a copy of the journal entry of	292
the offender's sentence under that section;	293

(ii) Section 724.465 of the Revised Code, the day on which	294
the fund receives from the person the notice required by division	295
(D) of section 2901.432 of the Revised Code.	296

(b) If the charge against the person is dismissed, the person	297
is found not guilty of the charge, or the person is found not	298
guilty by reason of insanity of the charge, the day on which the	299
fund receives notice of the final disposition of the charge.	300

(2) The fund shall not process any application for payment	301
under this chapter from the person prior to the final disposition	302
of the charge.	303

Sec. 742.464.  Notwithstanding any other provision of this	304
chapter, a disability benefit granted under this chapter is	305
subject to an order issued under section 2929.193 of the Revised	306
Code. The board of trustees of the Ohio police and fire pension	307
fund shall comply with the order.	308

On receipt of notice under section 2901.43 of the Revised	309
Code that an Ohio police and fire pension fund member is charged	310
with an offense listed in division (D) of section 2929.192 of the	311
Revised Code under the circumstances specified in that division	312
section, the fund shall determine whether the member has been	313
granted a disability benefit. If so, the fund shall send written	314
notice to the prosecutor assigned to the case that the member has	315
been granted a disability benefit under this chapter and may be	316
subject to section 2929.193 of the Revised Code.	317

Sec. 742.465. (A) As used in this section, "position of	318
honor, trust, or profit" has the same meaning as in section	319
2929.192 of the Revised Code.	320

(B) Subject to division (D)(1) of this section, the Ohio	321
police and fire pension fund shall order the forfeiture of a	322
person's right to a retirement allowance, pension, disability	323
benefit, or other right or benefit, other than payment of the	324
person's accumulated contributions, if all of the following apply:	325

(1) The person is convicted of or pleads guilty to an offense	326
described in division (B)(1) of section 2901.432 of the Revised	327
Code that was committed on or after the effective date of this	328
section.	329

(2) The offense was committed while the person was serving in	330
a position of honor, trust, or profit.	331

(3) At the time of the offense, the person was a member of	332
the fund or a contributor to the fund receiving or eligible to	333
receive a benefit under section 742.26 of the Revised Code.	334

(C) The person may request a hearing regarding the forfeiture	335
by submitting to the fund a written request for a hearing. If	336
there is a timely request, the fund shall schedule the hearing.	337
Not later than ten days prior to the scheduled date of the	338
hearing, the fund shall give written notice of the hearing to the	339
person and the federal prosecutor who handled the case. The	340
hearing shall be limited to a consideration of whether there is	341
good cause based on evidence presented by the person for the	342
forfeiture order not to be issued.	343

(D)(1) If the fund determines based on evidence presented by	344
the person that there is good cause for the forfeiture order not	345
to be issued, the fund shall not order the forfeiture.	346

(2) If the person does not make a timely request for a	347
hearing or if a hearing is held and the fund does not determine	348
based on evidence presented by the person that there is good cause	349
for the forfeiture order not to be issued, the fund shall order	350
the forfeiture described in division (B) of this section.	351

Sec. 742.466. (A) As used in this section, "position of	352
honor, trust, or profit" has the same meaning as in section	353
2929.192 of the Revised Code.	354

(B) This section applies to a person to whom all of the	355
following apply:	356

(1) The person is convicted of or pleads guilty to an offense	357
described in division (B)(1) of section 2901.432 of the Revised	358
Code that was committed on or after the effective date of this	359
section.	360

(2) The offense was committed while the person was serving in	361
a position of honor, trust, or profit.	362

(3) At the time of the offense, the person was a member of	363
the Ohio police and fire pension fund or a contributor to the fund	364
receiving or eligible to receive a benefit under section 742.26 of	365
the Revised Code.	366

(4) Prior to the final disposition of the case, the person	367
was granted a disability benefit by the fund.	368

(C)(1) The fund shall hold a hearing regarding the condition	369
for which the member was granted a disability benefit. Not later	370
than ten days prior to the scheduled date of the hearing, the fund	371
shall give written notice of the hearing to the member and the	372
federal prosecutor who handled the case. The hearing shall be	373
limited to a consideration of whether the member's disabling	374
condition arose out of the commission of the offense the member	375
was convicted of or pleaded guilty to.	376

The fund shall consider the member's medical reports and	377
recommendations, and the member's disability application. If the	378
fund determines based on those documents that the disabling	379
condition arose out of the commission of the offense the member	380
was convicted of or pleaded guilty to, the fund shall terminate	381
the disability benefit.	382

(2) Any disability benefit paid the member prior to its	383
termination may be recovered in accordance with section 742.64 of	384
the Revised Code.	385

Sec. 742.47.  Except as provided in sections 742.461,	386
742.463, 742.464, 742.465, 742.466, 3105.171, 3105.65, and 3115.32	387
and Chapters 3119., 3121., 3123., and 3125. of the Revised Code,	388
sums of money due or to become due to any individual from the Ohio	389
police and fire pension fund are not liable to attachment,	390
garnishment, levy, or seizure under any legal or equitable process	391
or any other process of law whatsoever, whether those sums remain	392
with the treasurer of the fund or any officer or agent of the	393
board of trustees of the fund or are in the course of transmission	394
to the individual entitled to them, but shall inure wholly to the	395
benefit of that individual.	396

Sec. 2901.43. (A)(1) As used in this section:

397

(a) "Public retirement system," "alternative retirement	398
plan," and "prosecutor" have the same meanings as in section	399
2907.15 of the Revised Code.	400

(b) "Position of honor, trust, or profit" has the same	401
meaning as in section 2929.192 of the Revised Code.	402

(2) For purposes of divisions (B) and (C) of this section, a	403
both of the following apply:	404

(a) A violation of section 2923.32 of the Revised Code or any	405
other violation or offense that includes as an element a course of	406
conduct or the occurrence of multiple acts is "committed on or	407
after the effective date of this sectionMay 13, 2008," if the	408
course of conduct continues, one or more of the multiple acts	409
occurs, or the subject person's accountability for the course of	410
conduct or for one or more of the multiple acts continues, on or	411
after the effective date of this sectionMay 13, 2008;	412

(b) A violation of section 2923.32 of the Revised Code or any	413
other violation or offense that includes as an element a course of	414
conduct or the occurrence of multiple acts is "committed on or	415
after the effective date of this amendment" if the course of	416
conduct continues, one or more of the multiple acts occurs, or the	417
offender's accountability for the course of conduct or for one or	418
more of the multiple acts continues on or after the effective date	419
of this amendment.	420

(B) This section applies to a person to whom all of the	421
following apply:	422

(1) The person is charged with an offense described in	423
division (D) of section 2929.192 of the Revised Code that was	424
allegedly committed on or after the appropriate date specified in	425
that division.	426

(2) The offense was allegedly committed while the person was	427
serving in a position of honor, trust, or profit.	428

(3) At the time of the alleged offense, the person was one of	429
the following:	430

(a) A member of a public retirement system;

431

(b) A contributor to a public retirement system receiving or	432
eligible to receive a benefit under section 145.384, 742.26,	433
3307.352, or 3309.344 of the Revised Code;	434

(c) A participant in an alternative retirement plan.

435

(C) Upon the filing of charges against a person alleging that	436
the person committed on or after the effective date of this	437
section any violation or offense specified in division (C) of this	438
section, if the person allegedly committed the violation or	439
offense while serving in a position of honor, trust, or profit and	440
if the person is an electing employee participating in an	441
alternative retirement plan or a member of a public retirement	442
systemsubject to this section, the prosecutor who is assigned to	443
the case shall send written notice that those charges have been	444
filed against that person to the alternative retirement plan in	445
which the person is a participant or the public retirement system	446
in which the person is a member or contributor, whichever is	447
applicable. The written notice shall specifically identify the	448
person charged.	449

(C) Division (B) of this section applies when a person is	450
charged with committing on or after the effective date of this	451
section any offense or violation listed or described in divisions	452
(D)(1) to (3) of section 2929.192 of the Revised Code that is a	453
felony, in the circumstances specified in the particular division.	454

Sec. 2901.432. (A) As used in this section:

455

(1) "Public retirement system" and "alternative retirement	456
plan" have the same meanings as in section 2907.15 of the Revised	457
Code.	458

(2) "Position of honor, trust, or profit" has the same	459
meaning as in section 2929.192 of the Revised Code.	460

(B) This section applies to a person to whom all of the	461
following apply:	462

(1) The person is charged with any of the following offenses	463
that was allegedly committed on or after the effective date of	464
this section:	465

(a) Section 901(a) of the "Organized Crime Control Act of	466
1970," 84 Stat. 941, 18 U.S.C. 1961 et seq., as amended;	467

(b) Section 1104 of the "Comprehensive Crime Control Act of	468
1984," 98 Stat. 2143, 18 U.S.C. 666, as amended;	469

(c) Section 1951 of the "Hobbs Act," 62 Stat. 793, 18 U.S.C.	470
1951, as amended;	471

(d) Section 7603 of the "Anti-Drug Abuse Act of 1988," 102	472
Stat. 4508, 18 U.S.C. 1341 or 1343;	473

(e) A conspiracy to commit any violation described in	474
divisions (B)(1)(a),(b),(c), and (d) of this section, in violation	475
of 62 Stat. 701, 18 U.S.C. 371.	476

(2) The offense was allegedly committed while the person was	477
serving in a position of honor, trust, or profit.	478

(3) At the time of the alleged offense, the person was one of	479
the following:	480

(a) A member of a public retirement system;

481

(b) A contributor to a public retirement system receiving or	482
eligible to receive a benefit under section 145.384, 742.26,	483
3307.352, or 3309.344 of the Revised Code;	484

(c) A participant in an alternative retirement plan.

485

(C) On the filing of charges against a person subject to this	486
section, the person shall send written notice to the public	487
retirement system or alternative retirement plan in which the	488
person is a member, contributor, or participant that charges have	489
been filed against the person. The notice shall specifically	490
identify the person.	491

(D) On the conviction or guilty plea of a person subject to	492
this section, the person shall send written notice to the public	493
retirement system or alternative retirement plan in which the	494
person is a member, contributor, or participant of the person's	495
conviction or guilty plea. The notice shall specifically identify	496
the person.	497

Sec. 2927.28. (A) No person shall knowingly fail to send the	498
written notice required by division (C) or (D) of section 2901.432	499
of the Revised Code.	500

(B) Whoever violates this section is guilty of failure to	501
report a charge or conviction to a public retirement system or an	502
alternative retirement plan, a misdemeanor of the fourth degree.	503

Sec. 2929.192. (A) If an offender is being sentenced for any	504
felony offense listed in division (D) of this section that was	505
committed on or after May 13, 2008, if the offender committed the	506
offense while serving in a position of honor, trust, or profit,	507
and if the offender, at the time of the commission of the offense,	508
was a member of any public retirement system or a participant in	509
an alternative retirement plan, inIn addition to any other	510
sanction ita court imposes under section 2929.14, 2929.15,	511
2929.16, 2929.17, or 2929.18 of the Revised Code but subject to	512
division (B) of this section, the court shall order the forfeiture	513
to the public retirement system or alternative retirement plan in	514
which the offender was a member, contributor, or participant of	515
the offender's right to a retirement allowance, pension,	516
disability benefit, or other right or benefit, other than payment	517
of the offender's accumulated contributions, earned by reason of	518
the offender's being a member of the public retirement system or	519
alternative retirement plan. Aif all of the following apply:	520

(1) The offender is being sentenced for an offense described	521
in division (D) of this section that was committed on or after the	522
appropriate date specified in that division.	523

(2) The offense was committed while the offender was serving	524
in a position of honor, trust, or profit.	525

(3) At the time of the offense, the offender was one of the	526
following:	527

(a) A member of a public retirement system;

528

(b) A contributor to a public retirement system receiving or	529
eligible to receive a benefit under section 145.384, 742.26,	530
3307.352, or 3309.344 of the Revised Code;	531

(c) A participant in an alternative retirement plan.

532

A forfeiture ordered under this division is part of, and	533
shall be included in, the sentence of the offender. The court	534
shall send a copy of the journal entry imposing sentence on the	535
offender to the appropriate public retirement system or	536
alternative retirement plan in which the offender was a member,	537
contributor, or participant.	538

(B) In any case in which a sentencing court is required to	539
order forfeiture of an offender's right to a retirement allowance,	540
pension, disability benefit, or other right or benefit under	541
division (A) of this section, the offender may request a hearing	542
regarding the forfeiture by delivering to the court prior to	543
sentencing a written request for a hearing. If a request for a	544
hearing is made by the offender prior to sentencing, the court	545
shall conduct the hearing before sentencing. The court shall	546
notify the offender, the prosecutor who handled the case in which	547
the offender was convicted of or pleaded guilty to the offense for	548
which the forfeiture order was imposed, and the appropriate public	549
retirement system, or alternative retirement plan provider,	550
whichever is applicable, or, if more than one is specified in the	551
motion, the applicable combination of these, of the hearing. A	552
hearing scheduled under this division shall be limited to a	553
consideration of whether there is good cause based on evidence	554
presented by the offender for the forfeiture order not to be	555
issued. If the court determines based on evidence presented by the	556
offender that there is good cause for the forfeiture order not to	557
be issued, the court shall not issue the forfeiture order. If the	558
offender does not request a hearing prior to sentencing or if the	559
court conducts a hearing but does not determine based on evidence	560
presented by the offender that there is good cause for the	561
forfeiture order not to be issued, the court shall order the	562
forfeiture described in division (A) of this section in accordance	563
with that division and shall send a copy of the journal entry	564
imposing sentence on the offender to the appropriate public	565
retirement system or alternative retirement plan in which the	566
offender was a member, contributor, or participant.	567

(C) Upon receipt of a copy of the journal entry imposing	568
sentence on an offender under division (A) or (B) of this section	569
that contains an order of forfeiture of a type described in that	570
division, the public retirement system or alternative retirement	571
plan in which the offender was a member, contributor, or	572
participant shall comply with the forfeiture order on application	573
for a refund of the accumulated contributions of the member,	574
contributor, or participant.	575

(D)(1) Division (A) of this section applies regardingto an	576
offender who is convicted of or pleads guilty to any of the	577
following offenses committed on or after May 13, 2008, that is a	578
felony and who committed the offense while serving in a position	579
of honor, trust, or profit:	580

(1)(a) A violation of section 2921.02 or 2923.32 of the	581
Revised Code that is a felony or a violation of section 2921.41 of	582
the Revised Code that is a felony of the third degree;	583

(2)(b) A violation of an existing or former municipal	584
ordinance or law of this or any other state or the United States	585
that is substantially equivalent to any violation listeddescribed	586
in division (D)(1)(a) of this section;	587

(3)(c) A conspiracy to commit, attempt to commit, or	588
complicity in committing any violation listeddescribed in	589
division (D)(1)(a) or described in division (D)(2)(b) of this	590
section.	591

(2) Division (A) of this section applies to an offender who	592
is convicted of or pleads guilty to any of the following offenses	593
committed on or after the effective date of this amendment:	594

(a) A violation of section 2905.11 or 2921.11 of the Revised	595
Code that is a felony;	596

(b) A violation of an existing or former municipal ordinance	597
or law of this or any other state or the United States that is	598
substantially equivalent to any violation described in division	599
(D)(2)(a) of this section;	600

(c) A conspiracy to commit, attempt to commit, or complicity	601
in committing any violation described in division (D)(2)(a) or (b)	602
of this section.	603

(E) For purposes of divisions (A) anddivision (D) of this	604
section, aboth of the following apply:	605

(1) A violation of section 2923.32 of the Revised Code or any	606
other violation or offense that includes as an element a course of	607
conduct or the occurrence of multiple acts is "committed on or	608
after May 13, 2008," if the course of conduct continues, one or	609
more of the multiple acts occurs, or the subject person's	610
offender's accountability for the course of conduct or for one or	611
more of the multiple acts continues, on or after May 13, 2008;	612

(2) A violation of section 2923.32 of the Revised Code or any	613
other violation or offense that includes as an element a course of	614
conduct or the occurrence of multiple acts is "committed on or	615
after the effective date of this amendment" if the course of	616
conduct continues, one or more of the multiple acts occurs, or the	617
offender's accountability for the course of conduct or for one or	618
more of the multiple acts continues on or after the effective date	619
of this amendment.	620

(F) As used in this section:

621

(1)(a) For the period beginning May 13, 2008, and ending the	622
day before the effective date of this amendmentJuly 29, 2011,	623
"position of honor, trust, or profit" means any of the following:	624

(i) An elective office of the state or any political	625
subdivision of the state;	626

(ii) A position on any board or commission of the state that	627
is appointed by the governor or the attorney general;	628

(iii) A position as a public official or employee, as defined	629
in section 102.01 of the Revised Code, who is required to file a	630
disclosure statement under section 102.02 of the Revised Code;	631

(iv) A position as a prosecutor, as defined in section	632
2935.01 of the Revised Code;	633

(v) A position as a peace officer, as defined in section	634
2935.01 of the Revised Code, or as the superintendent or a trooper	635
of the state highway patrol.	636

(b) On and after the effective date of this amendmentJuly	637
29, 2011, "position of honor, trust, or profit" has the same	638
meaning as in division (F)(1)(a) of this section, except that it	639
also includes a position in which, in the course of public	640
employment, an employee has control over the expenditure of public	641
funds of one hundred thousand dollars or more annually.	642

(2) "Public retirement system" and "alternative retirement	643
plan" have the same meanings as in section 2907.15 of the Revised	644
Code.	645

(3) "Accumulated contributions" means whichever of the	646
following is applicable:	647

(a) Regarding an offender who is a member of, or contributor	648
to, the public employees retirement system, except as otherwise	649
provided in division (F)(3)(a) of this section, "accumulated	650
contributions" has the same meaning as in section 145.01 of the	651
Revised Code. For a member participating in a PERS defined	652
contribution plan, "accumulated contributions" means the	653
contributions made under section 145.85 of the Revised Code and	654
any earnings on those contributions. For a member participating in	655
a PERS defined contribution plan that includes definitely	656
determinable benefits, "accumulated contributions" means the	657
contributions made under section 145.85 of the Revised Code, any	658
earnings on those contributions, and additionally any amounts paid	659
by the member to purchase service creditscredit.	660

(b) Regarding an offender who is or was a member of, or	661
contributor to, the Ohio police and fire pension fund,	662
"accumulated contributions" means the amount payable to a member	663
under division (G) of section 742.37 of the Revised Code.	664

(c) Regarding an offender who is a member of, or contributor	665
to, the state teachers retirement system, except as otherwise	666
provided in division (F)(3)(c) of this section, "accumulated	667
contributions" has the same meaning as in section 3307.50 of the	668
Revised Code. For a member participating in an STRS defined	669
contribution plan, "accumulated contributions" means the	670
contributions made under section 3307.26 of the Revised Code to	671
participate in a plan established under section 3307.81 of the	672
Revised Code and any earnings on those contributions. For a member	673
participating in a STRS defined contribution plan that includes	674
definitely determinable benefits, "accumulated contributions"	675
means the contributions made under section 3307.26 of the Revised	676
Code to participate in a plan established under section 3307.81 of	677
the Revised Code, any earnings on those contributions, and	678
additionally any amounts paid by the member to purchase service	679
creditscredit.	680

(d) Regarding an offender who is or was a member of, or	681
contributor to, the school employees retirement system,	682
"accumulated contributions" has the same meaning as in section	683
3309.01 of the Revised Code and also includes employee	684
contributions made under section 3309.85 of the Revised Code and	685
any earnings on those contributions.	686

(e) Regarding an offender who is or was a member of the state	687
highway patrol retirement system, "accumulated contributions" has	688
the same meaning as in section 5505.01 of the Revised Code.	689

(f) Regarding an offender who is or was participating in an	690
alternative retirement plan, "accumulated contributions" means the	691
amounts contributed to an alternative retirement plan	692
participant's account by the plan participant pursuant to section	693
3305.06 of the Revised Code and any earnings on those	694
contributions.	695

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

696

(1) "Position of honor, trust, or profit" has the same	697
meaning as in division (F)(1)(b) of section 2929.192 of the	698
Revised Code.	699

(2) "Public retirement system," "alternative retirement	700
plan," and "prosecutor" have the same meanings as in section	701
2907.15 of the Revised Code.	702

(B) This section applies to an offender to whom all of the	703
following apply:	704

(1) The offender is being sentenced for aneither of the	705
following:	706

(a) An offense listeddescribed in division (D)(1) of section	707
2929.192 of the Revised Code that is a felony and was committed on	708
or after the effective date of this sectionJuly 29, 2011;	709

(b) An offense described in division (D)(2) of section	710
2929.192 of the Revised Code that was committed on or after the	711
effective date of this amendment.	712

(2) The offense was committed while the offender was serving	713
in a position of honor, trust, or profit.	714

(3) At the time of the offense, the offender was one of the	715
following:	716

(a) A member of a public retirement system;

717

(b) A contributor to a public retirement system receiving or	718
eligible to receive a benefit under section 145.384, 742.26,	719
3307.352, or 3309.344 of the Revised Code;	720

(c) A participant in an alternative retirement plan.

721

(4) Prior to the final disposition of the case, the offender	722
was granted a disability benefit by a public retirement system or	723
an alternative retirement plan provider.	724

(C)(1) Prior to sentencing an offender subject to this	725
section, the court shall hold a hearing regarding the condition	726
for which the offender was granted a disability benefit. Not later	727
than ten days prior to the scheduled date of the hearing, the	728
court shall give written notice of the hearing to the offender,	729
the prosecutor who handled the case, and the appropriate public	730
retirement system, alternative retirement plan provider, or, if	731
more than one is providing a disability benefit, the applicable	732
combination of these. The hearing shall be limited to a	733
consideration of whether the offender's disabling condition arose	734
out of the commission of the offense the offender was convicted of	735
or pleaded guilty to.	736

The system or provider shall submit to the court the	737
offender's medical reports and recommendations, and the offender's	738
disability application. If the court determines based on those	739
documents that the disabling condition arose out of the commission	740
of the offense the offender was convicted of or pleaded guilty to,	741
the court shall order the system or provider to terminate the	742
disability benefit.	743

(2) Any disability benefit paid the offender prior to its	744
termination may be recovered in accordance with section 145.563,	745
742.64, 3305.22, 3307.47, 3309.70, or 5505.34 of the Revised Code.	746

(D) For purposes of this section, aboth of the following	747
apply:	748

(1) A violation of section 2923.32 of the Revised Code or any	749
other violation or offense that includes as an element a course of	750
conduct or the occurrence of multiple acts is "committed on or	751
after the effective date of this sectionJuly 29, 2011," if the	752
course of conduct continues, one or more of the multiple acts	753
occurs, or the offender's accountability for the course of conduct	754
or for one or more of the multiple acts continues on or after the	755
effective date of this sectionJuly 29, 2011;	756

(2) A violation of section 2923.32 of the Revised Code or any	757
other violation or offense that includes as an element a course of	758
conduct or the occurrence of multiple acts is "committed on or	759
after the effective date of this amendment" if the course of	760
conduct continues, one or more of the multiple acts occurs, or the	761
offender's accountability for the course of conduct or for one or	762
more of the multiple acts continues on or after the effective date	763
of this amendment.	764

Sec. 3305.08.  Any payment, benefit, or other right accruing	765
to any electing employee under a contract entered into for	766
purposes of an alternative retirement plan and all moneys,	767
investments, and income of those contracts are exempt from any	768
state tax, except the tax imposed by section 5747.02 of the	769
Revised Code, are exempt from any county, municipal, or other	770
local tax, except income taxes imposed pursuant to section	771
5748.02, 5748.08, or 5748.09 of the Revised Code, and, except as	772
provided in sections 3105.171, 3105.65, 3115.32, 3119.80, 3119.81,	773
3121.02, 3121.03, 3123.06, 3305.09, and3305.11, 3305.12, 3305.13,	774
and 3305.14 of the Revised Code, shall not be subject to	775
execution, garnishment, attachment, the operation of bankruptcy or	776
the insolvency law, or other process of law, and shall be	777
unassignable except as specifically provided in this section and	778
sections 3105.171, 3105.65, 3119.80, 3119.81, 3121.02, 3121.03,	779
3115.32, and 3123.06 of the Revised Code or in any contract the	780
electing employee has entered into for purposes of an alternative	781
retirement plan.	782

Sec. 3305.11.  (A) Notwithstanding any other provision of	783
this chapter, any payment of accumulated contributions standing to	784
a person's credit under this chapter and any other amount or	785
amounts to be paid to a person who is a contributorparticipant in	786
an alternative retirement plan under this chapter upon the	787
person's withdrawal of contributions pursuant to this chapter	788
shall be subject to any forfeiture ordered under division (A) or	789
(B) of section 2929.192 or 3305.13 of the Revised Code, and the	790
provider of an alternative retirement plan shall comply with that	791
order in making the payment. Upon payment of the person's	792
accumulated contributions and cancellation of the corresponding	793
service credit, a person who is subject to the forfeiture	794
described in this division may not restore the canceled service	795
credit under this chapter or under Chapter 145., 742., 3307.,	796
3309., or 5505. of the Revised Code.	797

(B) Notwithstanding any other provision of this chapter, if	798
the provider of an alternative retirement plan receives notice	799
pursuant to section 2901.43 or division (C) of section 2901.432 of	800
the Revised Code that a person who has accumulated contributions	801
standing to the person's credit pursuant to this chapter is	802
charged with any offense or violation listed or described in	803
divisionsdivision (B)(1) of section 2901.432 or division (D)(1)	804
to (3) of section 2929.192 of the Revised Code that is a felony in	805
under the circumstances specified in the particular divisionthose	806
sections, all of the following apply:	807

(1) No payment of those accumulated contributions or of any	808
other amount or amounts to be paid to a person who is a	809
contributorparticipant under this chapter upon the person's	810
withdrawal of contributions pursuant to this chapter shall be made	811
prior to whichever of the following is applicable:	812

(a) If the person is convicted of or pleads guilty to the	813
charge and forfeiture is ordered under division (A) or (B) of	814
sectioneither of the following:	815

(i) Section 2929.192 of the Revised Code, the day on which	816
the provider receives from the court a copy of the journal entry	817
of the offender's sentence under that section;	818

(ii) Section 3305.13 of the Revised Code, the day on which	819
the provider receives from the person the notice required by	820
division (D) of section 2901.432 of the Revised Code.	821

(b) If the charge against the person is dismissed, the person	822
is found not guilty of the charge, or the person is found not	823
guilty by reason of insanity of the charge, the day on which the	824
provider receives notice of the final disposition of the charge.	825

(2) The provider of an alternative retirement plan shall not	826
process any application for payment under this chapter from the	827
person prior to the final disposition of the charge.	828

Sec. 3305.12.  Notwithstanding any other provision of an	829
alternative retirement plan provided under this chapter, a	830
disability benefit granted under the alternative retirement plan	831
is subject to an order issued under section 2929.193 of the	832
Revised Code. The entity providing the alternative retirement plan	833
shall comply with the order.	834

On receipt of notice under section 2901.43 of the Revised	835
Code that an alternative retirement plan participant is charged	836
with an offense listed in division (D) of section 2929.192 of the	837
Revised Code under the circumstances specified in that division	838
section, the entity shall determine whether the participant has	839
been granted a disability benefit. If so, the entity shall send	840
written notice to the prosecutor assigned to the case that the	841
participant has been granted a disability benefit under an	842
alternative retirement plan and may be subject to section 2929.193	843
of the Revised Code.	844

Sec. 3305.13. (A) As used in this section, "position of	845
honor, trust, or profit" has the same meaning as in section	846
2929.192 of the Revised Code.	847

(B) Subject to division (D)(1) of this section, the entity	848
providing the alternative retirement plan shall order the	849
forfeiture of a person's right to a retirement allowance, pension,	850
disability benefit, or other right or benefit, other than payment	851
of the person's accumulated contributions, if all of the following	852
apply:	853

(1) The person is convicted of or pleads guilty to an offense	854
described in division (B)(1) of section 2901.432 of the Revised	855
Code that was committed on or after the effective date of this	856
section.	857

(2) The offense was committed while the person was serving in	858
a position of honor, trust, or profit.	859

(3) At the time of the offense, the person was a participant	860
in an alternative retirement plan.	861

(C) The person may request a hearing regarding the forfeiture	862
by submitting to the entity a written request for a hearing. If	863
there is a timely request, the entity shall schedule the hearing.	864
Not later than ten days prior to the scheduled date of the	865
hearing, the entity shall give written notice of the hearing to	866
the person and the federal prosecutor who handled the case. The	867
hearing shall be limited to a consideration of whether there is	868
good cause based on evidence presented by the person for the	869
forfeiture order not to be issued.	870

(D)(1) If the entity determines based on evidence presented	871
by the person that there is good cause for the forfeiture order	872
not to be issued, the entity shall not order the forfeiture.	873

(2) If the person does not make a timely request for a	874
hearing or if a hearing is held and the entity does not determine	875
based on evidence presented by the person that there is good cause	876
for the forfeiture order not to be issued, the entity shall order	877
the forfeiture described in division (B) of this section.	878

Sec. 3305.14. (A) As used in this section, "position of	879
honor, trust, or profit" has the same meaning as in section	880
2929.192 of the Revised Code.	881

(B) This section applies to a person to whom all of the	882
following apply:	883

(1) The person is convicted of or pleads guilty to an offense	884
described in division (B)(1) of section 2901.432 of the Revised	885
Code that was committed on or after the effective date of this	886
section.	887

(2) The offense was committed while the person was serving in	888
a position of honor, trust, or profit.	889

(3) At the time of the offense, the person was a participant	890
in an alternative retirement plan.	891

(4) Prior to the final disposition of the case, the person	892
was granted a disability benefit by the entity providing the	893
alternative retirement plan.	894

(C)(1) The entity shall hold a hearing regarding the	895
condition for which the participant was granted a disability	896
benefit. Not later than ten days prior to the scheduled date of	897
the hearing, the entity shall give written notice of the hearing	898
to the participant and the federal prosecutor who handled the	899
case. The hearing shall be limited to a consideration of whether	900
the participant's disabling condition arose out of the commission	901
of the offense the participant was convicted of or pleaded guilty	902
to.	903

The entity shall consider the participant's medical reports	904
and recommendations, and the participant's disability application.	905
If the entity determines based on those documents that the	906
disabling condition arose out of the commission of the offense the	907
participant was convicted of or pleaded guilty to, the entity	908
shall terminate the disability benefit.	909

(2) Any disability benefit paid the participant prior to its	910
termination may be recovered in accordance with section 3305.22 of	911
the Revised Code.	912

Sec. 3307.372.  (A) Notwithstanding any other provision of	913
this chapter, any payment of accumulated contributions standing to	914
a person's credit under this chapter and any other amount or	915
amounts to be paid to a person who is a member or contributor	916
under this chapter upon the person's withdrawal of contributions	917
pursuant to this chapter shall be subject to any forfeiture	918
ordered under division (A) or (B) of section 2929.192 or 3307.374	919
of the Revised Code, and the state teachers retirement system	920
shall comply with that order in making the payment. Upon payment	921
of the person's accumulated contributions and cancellation of the	922
corresponding service credit, a person who is subject to the	923
forfeiture described in this division may not restore the canceled	924
service credit under this chapter or under Chapter 145., 742.,	925
3305., 3309., or 5505. of the Revised Code.	926

(B) Notwithstanding any other provision of this chapter, if	927
the system receives notice pursuant to section 2901.43 or division	928
(C) of section 2901.432 of the Revised Code that a person who has	929
accumulated contributions standing to the person's credit pursuant	930
to this chapter is charged with any offense or violation listed or	931
described in divisionsdivision (B)(1) of section 2901.432 or	932
division (D)(1) to (3) of section 2929.192 of the Revised Code	933
that is a felony inunder the circumstances specified in the	934
particular divisionthose sections, all of the following apply:	935

(1) No payment of those accumulated contributions or of any	936
other amount or amounts to be paid to a person who is a member or	937
contributor under this chapter upon the person's withdrawal of	938
contributions pursuant to this chapter shall be made prior to	939
whichever of the following is applicable:	940

(a) If the person is convicted of or pleads guilty to the	941
charge and forfeiture is ordered under division (A) or (B) of	942
sectioneither of the following:	943

(i) Section 2929.192 of the Revised Code, the day on which	944
the system receives from the court a copy of the journal entry of	945
the offender's sentence under that section;	946

(ii) Section 3307.374 of the Revised Code, the day on which	947
the system receives from the person the notice required by	948
division (D) of section 2901.432 of the Revised Code.	949

(b) If the charge against the person is dismissed, the person	950
is found not guilty of the charge, or the person is found not	951
guilty by reason of insanity of the charge, the day on which the	952
system receives notice of the final disposition of the charge.	953

(2) The system shall not process any application for payment	954
under this chapter from the person prior to the final disposition	955
of the charge.	956

Sec. 3307.373.  Notwithstanding any other provision of this	957
chapter, a disability benefit granted under this chapter is	958
subject to an order issued under section 2929.193 of the Revised	959
Code. The state teachers retirement board shall comply with the	960
order.	961

On receipt of notice under section 2901.43 of the Revised	962
Code that a state teachers retirement system member is charged	963
with an offense listed in division (D) of section 2929.192 of the	964
Revised Code under the circumstances specified in that division	965
section, the system shall determine whether the member has been	966
granted a disability benefit. If so, the system shall send written	967
notice to the prosecutor assigned to the case that the member has	968
been granted a disability benefit under this chapter and may be	969
subject to section 2929.193 of the Revised Code.	970

Sec. 3307.374. (A) As used in this section, "position of	971
honor, trust, or profit" has the same meaning as in section	972
2929.192 of the Revised Code.	973

(B) Subject to division (D)(1) of this section, the state	974
teachers retirement system shall order the forfeiture of a	975
person's right to a retirement allowance, pension, disability	976
benefit, or other right or benefit, other than payment of the	977
person's accumulated contributions, if all of the following apply:	978

(1) The person is convicted of or pleads guilty to an offense	979
described in division (B)(1) of section 2901.432 of the Revised	980
Code that was committed on or after the effective date of this	981
section.	982

(2) The offense was committed while the person was serving in	983
a position of honor, trust, or profit.	984

(3) At the time of the offense, the person was a member of	985
the system or a contributor to the system receiving or eligible to	986
receive a benefit under section 3307.352 of the Revised Code.	987

(C) The person may request a hearing regarding the forfeiture	988
by submitting to the system a written request for a hearing. If	989
there is a timely request, the system shall schedule the hearing.	990
Not later than ten days prior to the scheduled date of the	991
hearing, the system shall give written notice of the hearing to	992
the person and the federal prosecutor who handled the case. The	993
hearing shall be limited to a consideration of whether there is	994
good cause based on evidence presented by the person for the	995
forfeiture order not to be issued.	996

(D)(1) If the system determines based on evidence presented	997
by the person that there is good cause for the forfeiture order	998
not to be issued, the system shall not order the forfeiture.	999

(2) If the person does not make a timely request for a	1000
hearing or if a hearing is held and the system does not determine	1001
based on evidence presented by the person that there is good cause	1002
for the forfeiture order not to be issued, the system shall order	1003
the forfeiture described in division (B) of this section.	1004

Sec. 3307.375. (A) As used in this section, "position of	1005
honor, trust, or profit" has the same meaning as in section	1006
2929.192 of the Revised Code.	1007

(B) This section applies to a person to whom all of the	1008
following apply:	1009

(1) The person is convicted of or pleads guilty to an offense	1010
described in division (B)(1) of section 2901.432 of the Revised	1011
Code that was committed on or after the effective date of this	1012
section.	1013

(2) The offense was committed while the person was serving in	1014
a position of honor, trust, or profit.	1015

(3) At the time of the offense, the person was a member of	1016
the state teachers retirement system or a contributor to the	1017
system receiving or eligible to receive a benefit under section	1018
3307.352 of the Revised Code.	1019

(4) Prior to the final disposition of the case, the person	1020
was granted a disability benefit by the system.	1021

(C)(1) The retirement system shall hold a hearing regarding	1022
the condition for which the member was granted a disability	1023
benefit. Not later than ten days prior to the scheduled date of	1024
the hearing, the system shall give written notice of the hearing	1025
to the member and the federal prosecutor who handled the case. The	1026
hearing shall be limited to a consideration of whether the	1027
member's disabling condition arose out of the commission of the	1028
offense the member was convicted of or pleaded guilty to.	1029

The system shall consider the member's medical reports and	1030
recommendations, and the member's disability application. If the	1031
system determines based on those documents that the disabling	1032
condition arose out of the commission of the offense the member	1033
was convicted of or pleaded guilty to, the system shall terminate	1034
the disability benefit.	1035

(2) Any disability benefit paid the member prior to its	1036
termination may be recovered in accordance with section 3307.47 of	1037
the Revised Code.	1038

Sec. 3307.41.  The right of an individual to a pension, an	1039
annuity, or a retirement allowance itself, the right of an	1040
individual to any optional benefit, or any other right or benefit	1041
accrued or accruing to any individual under this chapter, the	1042
various funds created by section 3307.14 of the Revised Code, and	1043
all moneys, investments, and income from moneys or investments are	1044
exempt from any state tax, except the tax imposed by section	1045
5747.02 of the Revised Code, and are exempt from any county,	1046
municipal, or other local tax, except income taxes imposed	1047
pursuant to section 5748.02, 5748.08, or 5748.09 of the Revised	1048
Code, and, except as provided in sections 3105.171, 3105.65,	1049
3115.32, 3119.80, 3119.81, 3121.02, 3121.03, 3123.06, 3307.37,	1050
3307.372, and 3307.373, 3307.374, and 3307.375 of the Revised	1051
Code, shall not be subject to execution, garnishment, attachment,	1052
the operation of bankruptcy or insolvency laws, or any other	1053
process of law whatsoever, and shall be unassignable except as	1054
specifically provided in this chapter or sections 3105.171,	1055
3105.65, 3115.32, 3119.80, 3119.81, 3121.02, 3121.03, and 3123.06	1056
of the Revised Code.	1057

Sec. 3307.42.  (A) Except as provided in sectionsections	1058
3307.372, 3307.373, 3307.374, and 3307.375 of the Revised Code,	1059
the granting to any person of an allowance, annuity, pension, or	1060
other benefit under the STRS defined benefit plan, or the granting	1061
of a benefit under an STRS defined contribution plan, pursuant to	1062
an action of the state teachers' retirement board vests a right in	1063
such person, so long as the person remains the beneficiary of any	1064
of the funds established by section 3307.14 of the Revised Code,	1065
to receive the allowance, annuity, pension, or benefit at the rate	1066
fixed at the time of granting the allowance, annuity, pension, or	1067
benefit. Such right shall also be vested with equal effect in the	1068
beneficiary of a grant heretofore made from any of the funds named	1069
in section 3307.14 of the Revised Code.	1070

(B)(1) The state teachers retirement system may suspend the	1071
benefit of a person receiving a benefit under section 3307.58 or	1072
3307.59 of the Revised Code, a disability benefit under section	1073
3307.63 or 3307.631 of the Revised Code, a survivor benefit under	1074
section 3307.66 of the Revised Code, any payment under section	1075
3307.352 of the Revised Code, a benefit under section 3307.60 of	1076
the Revised Code as a beneficiary, or a benefit under an STRS	1077
defined contribution plan under either of the following	1078
circumstances:	1079

(a) The retirement system has good cause to believe that the	1080
person receiving benefits is incapacitated and no other person has	1081
authority to act or receive benefits on the person's behalf.	1082

(b) The retirement system learns that the person receiving	1083
benefits is missing, and no person provides evidence satisfactory	1084
to the system that the person is alive and is entitled to receive	1085
benefits.	1086

(2) Benefits shall resume on presentation of evidence	1087
satisfactory to the board that the person is no longer	1088
incapacitated or is alive and entitled to receive benefits. Any	1089
missed payments shall be paid in a single lump sum payment.	1090

(3) A benefit suspended under division (B)(1)(b) of this	1091
section shall be terminated on presentation to the board of a	1092
decree of presumed death. Notwithstanding section 2121.04 of the	1093
Revised Code, the termination shall be retroactive to the date the	1094
benefit was suspended.	1095

Sec. 3309.66.  The right of an individual to a pension, an	1096
annuity, or a retirement allowance itself, the right of an	1097
individual to any optional benefit, any other right accrued or	1098
accruing to any individual under this chapter, the various funds	1099
created by section 3309.60 of the Revised Code, and all moneys,	1100
investments, and income from moneys and investments are exempt	1101
from any state tax, except the tax imposed by section 5747.02 of	1102
the Revised Code, and are exempt from any county, municipal, or	1103
other local tax, except income taxes imposed pursuant to section	1104
5748.02, 5748.08, or 5748.09 of the Revised Code, and, except as	1105
provided in sections 3105.171, 3105.65, 3115.32, 3119.80, 3119.81,	1106
3121.02, 3121.03, 3123.06, 3309.67, 3309.672, and 3309.673,	1107
3309.674, and 3309.675 of the Revised Code, shall not be subject	1108
to execution, garnishment, attachment, the operation of bankruptcy	1109
or insolvency laws, or any other process of law whatsoever, and	1110
shall be unassignable except as specifically provided in this	1111
chapter and in sections 3105.171, 3105.65, 3115.32, 3119.80,	1112
3119.81, 3121.02, 3121.03, and 3123.06 of the Revised Code.	1113

Sec. 3309.661.  Except as provided in sectionsections	1114
3309.672, 3309.673, 3309.674, and 3309.675 of the Revised Code,	1115
the granting of a retirement allowance, annuity, pension, or other	1116
benefit to any person pursuant to action of the school employees	1117
retirement board vests a right in such person, so long as the	1118
person remains the recipient of any of the funds established by	1119
section 3309.60 of the Revised Code, to receive such retirement	1120
allowance, annuity, pension, or benefit. Such right shall also be	1121
vested with equal effect in the recipient of a grant heretofore	1122
made from any of the funds named in section 3309.60 of the Revised	1123
Code.	1124

Sec. 3309.672.  (A) Notwithstanding any other provision of	1125
this chapter, any payment of accumulated contributions standing to	1126
a person's credit under this chapter and any other amount or	1127
amounts to be paid to a person who is a member or contributor	1128
under this chapter upon the person's withdrawal of contributions	1129
pursuant to this chapter shall be subject to any forfeiture	1130
ordered under division (A) or (B) of section 2929.192 or 3309.674	1131
of the Revised Code, and the school employees retirement system	1132
shall comply with that order in making the payment. Upon payment	1133
of the person's accumulated contributions and cancellation of the	1134
corresponding service credit, a person who is subject to the	1135
forfeiture described in this division may not restore the canceled	1136
service credit under this chapter or under Chapter 145., 742.,	1137
3305., 3307., or 5505. of the Revised Code.	1138

(B) Notwithstanding any other provision of this chapter, if	1139
the system receives notice pursuant to section 2901.43 or division	1140
(C) of section 2901.432 of the Revised Code that a person who has	1141
accumulated contributions standing to the person's credit pursuant	1142
to this chapter is charged with any offense or violation listed or	1143
described in divisionsdivision (B)(1) of section 2901.432 or	1144
division (D)(1) to (3) of section 2929.192 of the Revised Code	1145
that is a felony inunder the circumstances specified in the	1146
particular divisionthose sections, all of the following apply:	1147

(1) No payment of those accumulated contributions or of any	1148
other amount or amounts to be paid to a person who is a member or	1149
contributor under this chapter upon the person's withdrawal of	1150
contributions pursuant to this chapter shall be made prior to	1151
whichever of the following is applicable:	1152

(a) If the person is convicted of or pleads guilty to the	1153
charge and forfeiture is ordered under division (A) or (B) of	1154
sectioneither of the following:	1155

(i) Section 2929.192 of the Revised Code, the day on which	1156
the system receives from the court a copy of the journal entry of	1157
the offender's sentence under that section;	1158

(ii) Section 3309.674 of the Revised Code, the day on which	1159
the system receives from the person the notice required by	1160
division (D) of section 2901.432 of the Revised Code.	1161

(b) If the charge against the person is dismissed, the person	1162
is found not guilty of the charge, or the person is found not	1163
guilty by reason of insanity of the charge, the day on which the	1164
system receives notice of the final disposition of the charge.	1165

(2) The system shall not process any application for payment	1166
under this chapter from the person prior to the final disposition	1167
of the charge.	1168

Sec. 3309.673.  Notwithstanding any other provision of this	1169
chapter, a disability benefit granted under this chapter is	1170
subject to an order issued under section 2929.193 of the Revised	1171
Code. The school employees retirement board shall comply with the	1172
order.	1173

On receipt of notice under section 2901.43 of the Revised	1174
Code that a school employees retirement system member is charged	1175
with an offense listed in division (D) of section 2929.192 of the	1176
Revised Code under the circumstances specified in that division	1177
section, the system shall determine whether the member has been	1178
granted a disability benefit. If so, the system shall send written	1179
notice to the prosecutor assigned to the case that the member has	1180
been granted a disability benefit under this chapter and may be	1181
subject to section 2929.193 of the Revised Code.	1182

Sec. 3309.674. (A) As used in this section, "position of	1183
honor, trust, or profit" has the same meaning as in section	1184
2929.192 of the Revised Code.	1185

(B) Subject to division (D)(1) of this section, the school	1186
employees retirement system shall order the forfeiture of a	1187
person's right to a retirement allowance, pension, disability	1188
benefit, or other right or benefit, other than payment of the	1189
person's accumulated contributions, if all of the following apply:	1190

(1) The person is convicted of or pleads guilty to an offense	1191
described in division (B)(1) of section 2901.432 of the Revised	1192
Code that was committed on or after the effective date of this	1193
section.	1194

(2) The offense was committed while the person was serving in	1195
a position of honor, trust, or profit.	1196

(3) At the time of the offense, the person was a member of	1197
the system or a contributor to the system receiving or eligible to	1198
receive a benefit under section 3309.344 of the Revised Code.	1199

(C) The person may request a hearing regarding the forfeiture	1200
by submitting to the system a written request for a hearing. If	1201
there is a timely request, the system shall schedule the hearing.	1202
Not later than ten days prior to the scheduled date of the	1203
hearing, the system shall give written notice of the hearing to	1204
the person and the federal prosecutor who handled the case. The	1205
hearing shall be limited to a consideration of whether there is	1206
good cause based on evidence presented by the person for the	1207
forfeiture order not to be issued.	1208

(D)(1) If the system determines based on evidence presented	1209
by the person that there is good cause for the forfeiture order	1210
not to be issued, the system shall not order the forfeiture.	1211

(2) If the person does not make a timely request for a	1212
hearing or if a hearing is held and the system does not determine	1213
based on evidence presented by the person that there is good cause	1214
for the forfeiture order not to be issued, the system shall order	1215
the forfeiture described in division (B) of this section.	1216

Sec. 3309.675. (A) As used in this section, "position of	1217
honor, trust, or profit" has the same meaning as in section	1218
2929.192 of the Revised Code.	1219

(B) This section applies to a person to whom all of the	1220
following apply:	1221

(1) The person is convicted of or pleads guilty to an offense	1222
described in division (B)(1) of section 2901.432 of the Revised	1223
Code that was committed on or after the effective date of this	1224
section.	1225

(2) The offense was committed while the person was serving in	1226
a position of honor, trust, or profit.	1227

(3) At the time of the offense, the person was a member of	1228
the school employees retirement system or a contributor to the	1229
system receiving or eligible to receive a benefit under section	1230
3309.344 of the Revised Code.	1231

(4) Prior to the final disposition of the case, the person	1232
was granted a disability benefit by the system.	1233

(C)(1) The retirement system shall hold a hearing regarding	1234
the condition for which the member was granted a disability	1235
benefit. Not later than ten days prior to the scheduled date of	1236
the hearing, the system shall give written notice of the hearing	1237
to the member and the federal prosecutor who handled the case. The	1238
hearing shall be limited to a consideration of whether the	1239
member's disabling condition arose out of the commission of the	1240
offense the member was convicted of or pleaded guilty to.	1241

The system shall consider the member's medical reports and	1242
recommendations, and the member's disability application. If the	1243
system determines based on those documents that the disabling	1244
condition arose out of the commission of the offense the member	1245
was convicted of or pleaded guilty to, the system shall terminate	1246
the disability benefit.	1247

(2) Any disability benefit paid the member prior to its	1248
termination may be recovered in accordance with section 3309.70 of	1249
the Revised Code.	1250

Sec. 3309.82.  (A) Except as provided in division (B) of this	1251
section, sections 3309.02, 3309.021, and 3309.022 and sections	1252
3309.18 to 3309.70 of the Revised Code do not apply to a plan	1253
established under section 3309.81 of the Revised Code, except that	1254
a plan may incorporate provisions of those sections as specified	1255
in the plan document.	1256

(B) The following sections of Chapter 3309. of the Revised	1257
Code apply to a plan established under section 3309.81 of the	1258
Revised Code: sections 3309.19, 3309.21, 3309.22, 3309.23,	1259
3309.24, 3309.25, 3309.251, 3309.252, 3309.253, 3309.28, 3309.29,	1260
3309.341, 3309.3712, 3309.47, 3309.471, 3309.49, 3309.51, 3309.53,	1261
3309.54, 3309.55, 3309.56, 3309.57, 3309.571, 3309.58, 3309.59,	1262
3309.60, 3309.61, 3309.62, 3309.66, 3309.661, 3309.67, 3309.672,	1263
3309.673, 3309.674, 3309.675, 3309.68, and 3309.70 of the Revised	1264
Code.	1265

Sec. 3309.95.  Subject to sections 3309.341, 3309.66,	1266
3309.67, 3309.672, and 3309.673, 3309.674, and 3309.675 of the	1267
Revised Code, the right of a member participating in a plan	1268
established under section 3309.81 of the Revised Code to any	1269
payment or benefit accruing from contributions made by or on	1270
behalf of the member under sections 3309.85 and 3309.86 of the	1271
Revised Code shall vest in accordance with this section.	1272

A member's right to any payment or benefit that is based on	1273
the member's contributions is nonforfeitable.	1274

A member's right to any payment or benefit that is based on	1275
contributions by the member's employer is nonforfeitable as	1276
specified by the plan selected by the member.	1277

Sec. 5505.22.  The right of any individual to a pension, or	1278
to the return of accumulated contributions, payable as provided	1279
under this chapter, and all moneys and investments of the state	1280
highway patrol retirement system and income from moneys or	1281
investments are exempt from any state tax, except the tax imposed	1282
by section 5747.02 of the Revised Code, and are exempt from any	1283
county, municipal, or other local tax, except income taxes imposed	1284
pursuant to section 5748.02, 5748.08, or 5748.09 of the Revised	1285
Code, and, except as provided in sections 3105.171, 3105.65,	1286
3115.32, 3119.80, 3119.81, 3121.02, 3121.03, 3123.06, 5505.26,	1287
5505.262, and 5505.263, 5505.264, and 5505.265 of the Revised	1288
Code, shall not be subject to execution, garnishment, attachment,	1289
the operation of bankruptcy or insolvency laws, or any other	1290
process of law whatsoever, and shall be unassignable except as	1291
specifically provided in this chapter.	1292

Sec. 5505.262.  (A) Notwithstanding any other provision of	1293
this chapter, any payment of accumulated contributions standing to	1294
a person's credit under this chapter and any other amount or	1295
amounts to be paid to a person who is a member or contributor	1296
under this chapter upon the person's withdrawal of contributions	1297
pursuant to this chapter shall be subject to any forfeiture	1298
ordered under division (A) or (B) of section 2929.192 or 5505.264	1299
of the Revised Code, and the state highway patrol retirement	1300
system shall comply with that order in making the payment. Upon	1301
payment of the person's accumulated contributions and cancellation	1302
of the corresponding service credit, a person who is subject to	1303
the forfeiture described in this division may not restore the	1304
canceled service credit under this chapter or under Chapter 145.,	1305
742., 3305., 3307., or 3309. of the Revised Code.	1306

(B) Notwithstanding any other provision of this chapter, if	1307
the system receives notice pursuant to section 2901.43 or division	1308
(C) of section 2901.432 of the Revised Code that a person who has	1309
accumulated contributions standing to the person's credit pursuant	1310
to this chapter is charged with any offense or violation listed or	1311
described in divisionsdivision (B)(1) of section 2901.432 or	1312
division (D)(1) to (3) of section 2929.192 of the Revised Code	1313
that is a felony inunder the circumstances specified in the	1314
particular divisionthose sections, all of the following apply:	1315

(1) No payment of those accumulated contributions or of any	1316
other amount or amounts to be paid to a person who is a member or	1317
contributor under this chapter upon the person's withdrawal of	1318
contributions pursuant to this chapter shall be made prior to	1319
whichever of the following is applicable:	1320

(a) If the person is convicted of or pleads guilty to the	1321
charge and forfeiture is ordered under division (A) or (B) of	1322
sectioneither of the following:	1323

(i) Section 2929.192 of the Revised Code, the day on which	1324
the system receives from the court a copy of the journal entry of	1325
the offender's sentence under that section;	1326

(ii) Section 5505.264 of the Revised Code, the day on which	1327
the system receives from the person the notice required by	1328
division (D) of section 2901.432 of the Revised Code.	1329

(b) If the charge against the person is dismissed, the person	1330
is found not guilty of the charge, or the person is found not	1331
guilty by reason of insanity of the charge, the day on which the	1332
system receives notice of the final disposition of the charge.	1333

(2) The system shall not process any application for payment	1334
under this chapter from the person prior to the final disposition	1335
of the charge.	1336

Sec. 5505.263.  Notwithstanding any other provision of this	1337
chapter, a disability benefit granted under this chapter is	1338
subject to an order issued under section 2929.193 of the Revised	1339
Code. The state highway patrol retirement board shall comply with	1340
the order.	1341

On receipt of notice under section 2901.43 of the Revised	1342
Code that a state highway patrol retirement system member is	1343
charged with an offense listed in division (D) of section 2929.192	1344
of the Revised Code under the circumstances specified in that	1345
divisionsection, the system shall determine whether the member	1346
has been granted a disability benefit. If so, the system shall	1347
send written notice to the prosecutor assigned to the case that	1348
the member has been granted a disability benefit under this	1349
chapter and may be subject to section 2929.193 of the Revised	1350
Code.	1351

Sec. 5505.264. (A) As used in this section, "position of	1352
honor, trust, or profit" has the same meaning as in section	1353
2929.192 of the Revised Code.	1354

(B) Subject to division (D)(1) of this section, the state	1355
highway patrol retirement system shall order the forfeiture of a	1356
person's right to a retirement allowance, pension, disability	1357
benefit, or other right or benefit, other than payment of the	1358
person's accumulated contributions, if all of the following apply:	1359

(1) The person is convicted of or pleads guilty to an offense	1360
described in division (B)(1) of section 2901.432 of the Revised	1361
Code that was committed on or after the effective date of this	1362
section.	1363

(2) The offense was committed while the person was serving in	1364
a position of honor, trust, or profit.	1365

(3) At the time of the offense, the person was a member of	1366
the system.	1367

(C) The person may request a hearing regarding the forfeiture	1368
by submitting to the system a written request for a hearing. If	1369
there is a timely request, the system shall schedule the hearing.	1370
Not later than ten days prior to the scheduled date of the	1371
hearing, the system shall give written notice of the hearing to	1372
the person and the federal prosecutor who handled the case. The	1373
hearing shall be limited to a consideration of whether there is	1374
good cause based on evidence presented by the person for the	1375
forfeiture order not to be issued.	1376

(D)(1) If the system determines based on evidence presented	1377
by the person that there is good cause for the forfeiture order	1378
not to be issued, the system shall not order the forfeiture.	1379

(2) If the person does not make a timely request for a	1380
hearing or if a hearing is held and the system does not determine	1381
based on evidence presented by the person that there is good cause	1382
for the forfeiture order not to be issued, the system shall order	1383
the forfeiture described in division (B) of this section.	1384

Sec. 5505.265. (A) As used in this section, "position of	1385
honor, trust, or profit" has the same meaning as in section	1386
2929.192 of the Revised Code.	1387

(B) This section applies to a person to whom all of the	1388
following apply:	1389

(1) The person is convicted of or pleads guilty to an offense	1390
described in division (B)(1) of section 2901.432 of the Revised	1391
Code that was committed on or after the effective date of this	1392
section.	1393

(2) The offense was committed while the person was serving in	1394
a position of honor, trust, or profit.	1395

(3) At the time of the offense, the person was a member of	1396
the state highway patrol retirement system.	1397

(4) Prior to the final disposition of the case, the person	1398
was granted a disability benefit by the system.	1399

(C)(1) The retirement system shall hold a hearing regarding	1400
the condition for which the member was granted a disability	1401
benefit. Not later than ten days prior to the scheduled date of	1402
the hearing, the system shall give written notice of the hearing	1403
to the member and the federal prosecutor who handled the case. The	1404
hearing shall be limited to a consideration of whether the	1405
member's disabling condition arose out of the commission of the	1406
offense the member was convicted of or pleaded guilty to.	1407

The system shall consider the member's medical reports and	1408
recommendations, and the member's disability application. If the	1409
system determines based on those documents that the disabling	1410
condition arose out of the commission of the offense the member	1411
was convicted of or pleaded guilty to, the system shall terminate	1412
the disability benefit.	1413

(2) Any disability benefit paid the member prior to its	1414
termination may be recovered in accordance with section 5505.34 of	1415
the Revised Code.	1416

Section 2.  That existing sections 145.56, 145.561, 145.572,	1417
145.573, 145.82, 145.95, 742.46, 742.463, 742.464, 742.47,	1418
2901.43, 2929.192, 2929.193, 3305.08, 3305.11, 3305.12, 3307.372,	1419
3307.373, 3307.41, 3307.42, 3309.66, 3309.661, 3309.672, 3309.673,	1420
3309.82, 3309.95, 5505.22, 5505.262, and 5505.263 of the Revised	1421
Code are hereby repealed.	1422