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|
As Introduced
123rd General Assembly
Regular Session
1999-2000 | H. B. No. 535 |
REPRESENTATIVES WILLAMOWSKI-TERWILLEGER-VAN VYVEN-HARTNETT-GRENDELL-
NETZLEY-CLANCY-A. CORE-MOTTLEY-HOLLISTER-VESPER
A BILL
To amend sections 145.27, 145.56, 742.41, 742.47, 3305.08, 3307.21, 3307.71,
3309.22,
3309.66, 5505.04, and 5505.22
and to enact sections 145.571, 742.462, 3105.80 to
3105.90, 3305.20, 3305.21, 3307.721,
3309.671, and 5505.261 of the Revised Code to
permit a state retirement system, pursuant to a court order, to
make payments to a member's former spouse for the purpose of
dividing marital property.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 145.27, 145.56, 742.41, 742.47, 3305.08, 3307.21,
3307.71,
3309.22, 3309.66, 5505.04, and
5505.22 be amended and sections 145.571, 742.462, 3105.80, 3105.81, 3105.82,
3105.83, 3105.84, 3105.85, 3105.86, 3105.87, 3105.88, 3105.89, 3105.90,
3305.20, 3305.21, 3307.721, 3309.671, and 5505.261 of the Revised
Code be enacted to
read as follows:
Sec. 145.27. (A) The treasurer of state shall furnish
annually to the public employees retirement board a sworn
statement of the amount of the funds in the treasurer's TREASURER OF
STATE'S
custody belonging to
the public employees retirement system.
(B)(1) As used in this division, "personal history record"
means information maintained by the board on AN INDIVIDUAL WHO IS a
member, former
member, contributor, former contributor, retirant, or beneficiary
that includes the address, telephone number, social security
number, record of contributions, correspondence with the system,
or other information the board determines to be confidential.
(2) The records of the board shall be open to public
inspection, except for the following, which shall be excluded,
except with the written authorization of the individual
concerned:
(a) The individual's statement of previous service and
other information as provided for in section 145.16 of the
Revised Code;
(b) The amount of a monthly allowance or benefit paid to
the individual;
(c) The individual's personal history record.
(C) All medical reports and recommendations required by
sections 145.01 to 145.59 of the Revised Code are privileged,
except that copies of such medical reports or recommendations
shall be made available to the personal physician, attorney, or
authorized agent of the individual concerned upon written release
from the individual or the individual's
agent, or when necessary for the proper
administration of the fund, to the board assigned physician.
(D) Any person who is a member or contributor of the
system shall be furnished with a statement of the amount to the
credit of the individual's account upon
written request. The
board is not required to answer more than one such request of a
person in any one year. The board may issue annual statements of
accounts to members and contributors.
(E) Notwithstanding the exceptions to public inspection in
division (B)(2) of this section, the board may furnish the
following information:
(1) If a member, former member, contributor, former
contributor, or retirant is subject to an order issued under section 2907.15
of the Revised Code or is convicted of or pleads guilty to a
violation of section 2921.41 of the Revised Code, on written
request of a prosecutor as defined in section 2935.01 of the
Revised Code, the board shall furnish to the prosecutor the
information requested from the individual's personal history
record.
(2) Pursuant to a court or administrative order issued
under section 3111.23 or 3113.21 of the Revised Code, the board
shall furnish to a court or child support enforcement agency the
information required under that section.
(3) At the written request of any person, the board shall
provide to the person a list of the names and addresses of
members, former members, contributors, former contributors,
retirants, or beneficiaries. The costs of compiling, copying,
and mailing the list shall be paid by such person.
(4) Within fourteen days after receiving from the director
of human services a list of the names and social security numbers
of recipients of public assistance pursuant to section 5101.181
of the Revised Code, the board shall inform the auditor of state
of the name, current or most recent employer address, and social
security number of each member whose name and social security
number are the same as that of a person whose name or social
security number was submitted by the director. The board and its
employees shall, except for purposes of furnishing the auditor of
state with information required by this section, preserve the
confidentiality of recipients of public assistance in compliance
with division (A) of section 5101.181 of the Revised Code.
(5) ON RECEIPT OF
AN ORDER ISSUED UNDER SECTION 3105.87 of the Revised Code, THE PUBLIC EMPLOYEES RETIREMENT
SYSTEM SHALL
COMPLY WITH THE ORDER.
ON THE WRITTEN REQUEST OF AN ALTERNATE PAYEE, AS DEFINED IN
SECTION 3105.80 OF THE REVISED
CODE, THE SYSTEM SHALL FURNISH TO
THE ALTERNATE PAYEE INFORMATION ON THE AMOUNT AND STATUS OF ANY AMOUNTS
PAYABLE TO THE ALTERNATE PAYEE UNDER AN ORDER ISSUED UNDER SECTION 3105.171 OR
3105.65 OF THE REVISED CODE.
(F) A statement that contains information obtained from
the system's records that is signed by the executive director of
the retirement system and to which the system's official seal is
affixed, or copies of the system's records to which the signature
and seal are attached, shall be received as true copies of the
system's records in any court or before any officer of this
state.
Sec. 145.56. The
right of a person AN INDIVIDUAL to a pension, an
annuity, or a retirement allowance itself, THE RIGHT OF AN INDIVIDUAL
TO any optional benefit,
any other right accrued or accruing to any person INDIVIDUAL,
under sections
145.01 to 145.58 145.59 of the Revised Code, or of
UNDER any municipal
retirement system established subject to such sections, under the
laws of this state or any charter, the various funds created by
sections 145.01 to 145.58 145.59 of the Revised Code, or under
such
municipal retirement system, and all moneys and,
investments, and
income thereof, FROM MONEYS OR INVESTMENTS are exempt from any
state tax, except the tax
imposed by section 5747.02 of the Revised
Code and are exempt
from any county, municipal, or other local tax, except taxes
imposed pursuant to section 5748.02 or 5748.08 of the Revised
Code and,
except
as
provided in sections 145.57, 3105.171, 3105.65, 3111.23, and 3113.21
of
the Revised Code, shall not be subject to execution, garnishment,
attachment, the operation of bankruptcy or the insolvency laws,
or other process of law WHATSOEVER, and shall be unassignable except
as
specifically provided in sections 145.01 to 145.58 145.59,
3105.171, 3105.65, 3111.23, and
3113.21 of the Revised Code.
Sec. 145.571. (A) AS USED IN THIS SECTION, "BENEFIT," "LUMP SUM
PAYMENT," "PARTICIPANT," AND "PUBLIC RETIREMENT PROGRAM" HAVE THE SAME
MEANINGS AS IN SECTION 3105.80 OF THE REVISED CODE.
(B) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.171 OR
3105.65 OF THE REVISED CODE, THE PUBLIC EMPLOYEES RETIREMENT
SYSTEM
SHALL DETERMINE WHETHER THE ORDER MEETS THE REQUIREMENTS OF SECTIONS
3105.80 TO 3105.90 OF THE REVISED CODE. THE SYSTEM SHALL
RETAIN IN THE PARTICIPANT'S RECORD AN ORDER THE SYSTEM DETERMINES
MEETS THE REQUIREMENTS. NOT LATER THAN SIXTY DAYS AFTER RECEIPT,
THE SYSTEM SHALL RETURN TO THE COURT THAT ISSUED THE ORDER ANY
ORDER THE SYSTEM DETERMINES DOES NOT MEET THE REQUIREMENTS.
(C) THE SYSTEM SHALL COMPLY WITH AN ORDER RETAINED
UNDER DIVISION (B) OF THIS SECTION AT THE FOLLOWING TIMES AS
APPROPRIATE:
(1) IF THE PARTICIPANT HAS APPLIED FOR OR IS RECEIVING A
BENEFIT OR HAS APPLIED FOR BUT NOT YET RECEIVED A LUMP SUM PAYMENT,
AS SOON AS PRACTICABLE;
(2) IF THE
PARTICIPANT HAS NOT APPLIED FOR A BENEFIT OR LUMP SUM PAYMENT,
ON APPLICATION BY THE PARTICIPANT FOR A BENEFIT OR LUMP
SUM PAYMENT.
(D) IF THE
SYSTEM TRANSFERS A PARTICIPANT'S SERVICE CREDIT OR CONTRIBUTIONS MADE BY OR ON
BEHALF OF A PARTICIPANT TO A PUBLIC RETIREMENT PROGRAM
THAT IS NOT
NAMED IN THE ORDER, THE SYSTEM SHALL DO BOTH OF THE FOLLOWING:
(1) NOTIFY THE COURT THAT ISSUED
THE ORDER BY SENDING THE COURT A COPY OF THE ORDER AND THE NAME
AND ADDRESS OF THE PUBLIC RETIREMENT PROGRAM TO WHICH THE TRANSFER WAS
MADE;
(2) SEND A COPY OF THE ORDER TO THE PUBLIC RETIREMENT PROGRAM
TO WHICH THE TRANSFER WAS MADE.
(E) IF IT RECEIVES A PARTICIPANT'S SERVICE CREDIT OR
CONTRIBUTIONS AND A COPY OF
AN ORDER AS PROVIDED IN DIVISION (D) OF THIS SECTION, THE SYSTEM
SHALL ADMINISTER THE ORDER AS IF IT WERE THE PUBLIC RETIREMENT PROGRAM NAMED
IN THE ORDER.
(F) IF A PARTICIPANT'S
BENEFIT OR LUMP SUM PAYMENT IS OR WILL BE SUBJECT TO MORE THAN ONE
ORDER DESCRIBED IN SECTION 3105.81 OF THE
REVISED CODE OR TO AN ORDER DESCRIBED IN SECTION 3105.81
of the Revised Code AND A WITHHOLDING ORDER UNDER SECTION
3111.23 OR 3113.21 OF THE REVISED CODE,
THE SYSTEM
SHALL, AFTER DETERMINING THAT
THE AMOUNTS THAT ARE OR WILL BE WITHHELD WILL CAUSE THE BENEFIT OR LUMP SUM
PAYMENT TO FALL BELOW THE LIMITS DESCRIBED IN SECTION 3105.85 of the Revised Code, DO ALL OF
THE
FOLLOWING:
(1) ESTABLISH, IN ACCORDANCE WITH DIVISION (G) OF THIS SECTION
AND SUBJECT TO THE LIMITS DESCRIBED IN SECTION 3105.85
OF THE REVISED CODE, THE PRIORITY IN WHICH THE ORDERS ARE OR
WILL
BE PAID BY THE SYSTEM;
(2) REDUCE THE AMOUNT PAID TO AN ALTERNATE PAYEE BASED ON THE
PRIORITY ESTABLISHED UNDER DIVISION (F)(1) OF THIS SECTION;
(3) NOTIFY, BY REGULAR
MAIL, A PARTICIPANT AND ALTERNATE PAYEE OF ANY ACTION TAKEN UNDER
THIS DIVISION.
(G) A WITHHOLDING OR DEDUCTION NOTICE ISSUED UNDER SECTION
3111.23 OR 3113.21 of the Revised Code OR AN ORDER DESCRIBED IN SECTION 3115.32 of the Revised Code HAS
PRIORITY OVER ALL OTHER ORDERS AND SHALL BE COMPLIED WITH IN ACCORDANCE WITH
CHILD SUPPORT ENFORCEMENT LAWS. ALL OTHER ORDERS ARE ENTITLED TO PRIORITY IN
ORDER OF EARLIEST RETENTION BY THE SYSTEM. THE SYSTEM IS NOT TO RETAIN AN
ORDER THAT PROVIDES FOR THE DIVISION OF PROPERTY UNLESS THE ORDER IS FILED IN
A COURT WITH JURISDICTION IN THIS STATE.
(H) THE SYSTEM IS NOT LIABLE IN CIVIL DAMAGES FOR LOSS RESULTING
FROM ANY ACTION OR FAILURE TO ACT IN COMPLIANCE WITH THIS SECTION.
Sec. 742.41. (A) As used in this section:
(1) "Other system retirant" has the same meaning as in
section 742.26 of the Revised Code.
(2) "Personal history record" includes a member's, former
member's, or other system retirant's name, address,
telephone number,
social security number, record of contributions, correspondence
with the Ohio police and
fire pension fund, status
of any application for benefits, and any other information deemed
confidential by the trustees of the fund.
(B) The treasurer of state shall furnish annually to the
board of trustees of the fund a sworn statement of the amount of
the funds in the treasurer of state's custody belong BELONGING
to
the Ohio police and
fire
pension fund. The records of the board shall be
open for public inspection except for the following, which shall
be excluded, except with the written authorization of the
individual concerned:
(1) The individual's personal history record;
(2) Any information identifying, by name and address, the
amount of a monthly allowance or benefit paid to the individual.
(C) All medical reports and recommendations required are
privileged, except that copies of such medical reports or
recommendations shall be made available to the personal
physician, attorney, or authorized agent of the individual
concerned upon written release received from the individual
or the individual's agent or,
when necessary for the proper administration of the fund, to the
board-assigned physician.
(D) Any person who is a member of the fund or an other
system retirant shall be furnished with a statement of the amount
to the credit of the person's individual account upon
the person's written request. The board need not answer
more than one such request of a person
in any one year.
(E) Notwithstanding the exceptions to public inspection in
division (B) of this section, the board may furnish the following
information:
(1) If a member, former member, or other system retirant is subject to an
order issued under section 2907.15 of the Revised Code or
is convicted of or pleads guilty to a violation of section
2921.41 of the Revised Code, on written request of a prosecutor
as defined in section 2935.01 of the Revised Code, the board
shall furnish to the prosecutor the information requested from
the individual's personal history record.
(2) Pursuant to a court order issued under section 3113.21
of the Revised Code, the board shall furnish to a court or child
support enforcement agency the information required under that
section.
(3) At the request of any organization or association of
members of the fund, the board of trustees of the fund shall
provide a list of the names and addresses of members of the fund
and other system retirants. The board shall comply with the
request of such organization or association at least once a year
and may impose a reasonable charge for the list.
(4) Within fourteen days after receiving from the director
of human services a list of the names and social security numbers
of recipients of public assistance pursuant to section 5101.181
of the Revised Code, the board shall inform the auditor of state
of the name, current or most recent employer address, and social
security number of each member or other system retirant whose
name and social security number are the same as that of a person
whose name or social security number was submitted by the
director. The board and its employees shall, except for purposes
of furnishing the auditor of state with information required by
this section, preserve the confidentiality of recipients of
public assistance in compliance with division (A) of section
5101.181 of the Revised Code.
(5) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.87 of the Revised Code, THE
FUND SHALL COMPLY WITH THE ORDER.
ON THE WRITTEN REQUEST OF AN ALTERNATE PAYEE, AS DEFINED IN
SECTION 3105.80 OF THE REVISED
CODE, THE FUND SHALL FURNISH TO
THE ALTERNATE PAYEE INFORMATION ON THE AMOUNT AND STATUS OF ANY AMOUNTS
PAYABLE TO THE ALTERNATE PAYEE UNDER AN ORDER ISSUED UNDER SECTION 3105.171 OR
3105.65 OF THE REVISED CODE.
(F) A statement that contains information obtained from
the board's records that is signed by the secretary of the board
of trustees of the Ohio police and fire pension
fund and to which the board's official seal is affixed, or copies
of the board's records to which the signature and seal are
attached, shall be received as true copies of the board's records
in any court or before any officer of this state.
Sec. 742.462. (A) AS USED IN THIS SECTION, "BENEFIT," "LUMP SUM
PAYMENT," "PARTICIPANT," AND "PUBLIC RETIREMENT PROGRAM" HAVE THE SAME
MEANINGS AS IN SECTION 3105.80 OF THE REVISED CODE.
(B) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.171 OR
3105.65 OF THE REVISED CODE, THE OHIO
POLICE
AND FIRE PENSION FUND SHALL DETERMINE WHETHER THE ORDER
MEETS THE REQUIREMENTS OF SECTIONS 3105.80 TO 3105.90 OF
THE REVISED CODE. THE FUND SHALL RETAIN IN THE
PARTICIPANT'S
RECORD AN ORDER THE FUND DETERMINES MEETS THE REQUIREMENTS. NOT
LATER THAN SIXTY DAYS AFTER RECEIPT, THE FUND SHALL RETURN TO THE
COURT THAT ISSUED THE ORDER ANY ORDER THE FUND DETERMINES DOES
NOT MEET THE REQUIREMENTS.
(C) THE FUND SHALL COMPLY WITH AN ORDER RETAINED
UNDER DIVISION (B) OF THIS SECTION AT THE FOLLOWING TIMES AS
APPROPRIATE:
(1) IF THE PARTICIPANT HAS APPLIED FOR OR IS RECEIVING A
BENEFIT OR HAS APPLIED FOR BUT NOT YET RECEIVED A LUMP SUM PAYMENT,
AS SOON AS PRACTICABLE;
(2) IF THE
PARTICIPANT HAS NOT APPLIED FOR A BENEFIT OR LUMP SUM PAYMENT,
ON APPLICATION BY THE PARTICIPANT FOR A BENEFIT OR LUMP
SUM PAYMENT.
(D) IF THE FUND TRANSFERS
A PARTICIPANT'S SERVICE CREDIT OR CONTRIBUTIONS MADE BY OR ON BEHALF OF A
PARTICIPANT TO A PUBLIC RETIREMENT PROGRAM THAT IS NOT
NAMED IN
THE ORDER, THE FUND SHALL DO BOTH OF THE FOLLOWING:
(1) NOTIFY THE COURT THAT ISSUED THE ORDER BY SENDING THE COURT A COPY OF
THE ORDER AND THE NAME AND ADDRESS
OF THE PUBLIC RETIREMENT PROGRAM TO WHICH THE TRANSFER WAS MADE;
(2) SEND A COPY OF THE ORDER TO THE PUBLIC RETIREMENT PROGRAM
TO WHICH THE TRANSFER WAS MADE.
(E) IF IT RECEIVES A PARTICIPANT'S SERVICE CREDIT OR
CONTRIBUTIONS AND A COPY OF
AN ORDER AS PROVIDED IN DIVISION (D) OF THIS SECTION, THE FUND
SHALL ADMINISTER THE ORDER AS IF IT WERE THE PUBLIC RETIREMENT PROGRAM NAMED
IN THE ORDER.
(F) IF A PARTICIPANT'S
BENEFIT OR LUMP SUM PAYMENT IS OR WILL BE SUBJECT TO MORE THAN ONE
ORDER DESCRIBED IN SECTION 3105.81 OF THE
REVISED CODE OR TO AN ORDER DESCRIBED IN SECTION 3105.81
of the Revised Code AND A WITHHOLDING ORDER UNDER SECTION
3111.23 OR 3113.21 OF THE REVISED CODE,
THE FUND
SHALL, AFTER DETERMINING THAT
THE AMOUNTS THAT ARE OR WILL BE WITHHELD WILL CAUSE THE BENEFIT OR LUMP SUM
PAYMENT TO FALL BELOW THE LIMITS DESCRIBED IN SECTION 3105.85 of the Revised Code, DO ALL OF
THE
FOLLOWING:
(1) ESTABLISH, IN ACCORDANCE WITH DIVISION (G) OF THIS SECTION
AND SUBJECT TO THE LIMITS DESCRIBED IN SECTION 3105.85
OF THE REVISED CODE, THE PRIORITY IN WHICH THE ORDERS ARE OR
WILL
BE PAID BY THE FUND IN ACCORDANCE WITH DIVISION (G) OF THIS SECTION;
(2) REDUCE THE AMOUNT PAID TO AN ALTERNATE PAYEE BASED ON THE
PRIORITY ESTABLISHED UNDER DIVISION (F)(1) OF THIS SECTION;
(3) NOTIFY, BY REGULAR
MAIL, A PARTICIPANT AND ALTERNATE PAYEE OF ANY ACTION TAKEN UNDER
THIS DIVISION.
(G) A WITHHOLDING OR DEDUCTION NOTICE ISSUED UNDER SECTION
3111.23 OR 3113.21 of the Revised Code OR AN ORDER DESCRIBED IN SECTION 3115.32 of the Revised Code HAS
PRIORITY OVER ALL OTHER ORDERS AND SHALL BE COMPLIED WITH IN ACCORDANCE WITH
CHILD SUPPORT ENFORCEMENT LAWS. ALL OTHER ORDERS ARE ENTITLED TO PRIORITY IN
ORDER OF EARLIEST RETENTION BY THE FUND. THE FUND IS NOT TO RETAIN AN
ORDER THAT PROVIDES FOR THE DIVISION OF PROPERTY UNLESS THE ORDER IS FILED IN
A COURT WITH JURISDICTION IN THIS STATE.
(H) THE FUND IS NOT LIABLE IN CIVIL DAMAGES FOR LOSS RESULTING
FROM ANY ACTION OR FAILURE TO ACT IN COMPLIANCE WITH THIS SECTION.
Sec. 742.47. Except as provided in sections 742.461, 3105.171,
3105.65, 3111.23, and 3113.21 of
the Revised Code, sums of money due or to become due to any person
INDIVIDUAL from the
Ohio police and fire pension
fund are not liable to attachment,
garnishment, levy, or seizure under any legal or equitable process OR ANY
OTHER PROCESS OF LAW WHATSOEVER, whether
such THOSE sums remain with the treasurer of the fund or any
officer or agent of the
board of trustees of the fund, or is ARE in the course of
transmission to the
person INDIVIDUAL entitled thereto TO THEM, but
shall inure wholly to the benefit of such person THAT
INDIVIDUAL.
Sec. 3105.80. AS USED IN THIS SECTION AND SECTIONS 3105.81 TO 3105.90 OF
THE
REVISED
CODE:
(A) "ALTERNATE PAYEE" MEANS A PARTY IN AN ACTION FOR DIVORCE,
LEGAL SEPARATION, ANNULMENT, OR DISSOLUTION OF MARRIAGE WHO IS TO
RECEIVE ONE OR MORE PAYMENTS FROM A BENEFIT OR LUMP SUM PAYMENT
UNDER AN ORDER ISSUED UNDER SECTION 3105.171 OR 3105.65 OF THE
REVISED CODE THAT IS IN COMPLIANCE WITH SECTIONS 3105.81 TO
3105.90 OF THE REVISED CODE.
(B) "BENEFIT" MEANS A PERIODIC PAYMENT UNDER A PENSION, ANNUITY,
ALLOWANCE, OR OTHER TYPE OF BENEFIT, OTHER THAN A SURVIVOR BENEFIT, THAT HAS
BEEN OR MAY BE GRANTED TO A PARTICIPANT UNDER
SECTIONS 145.01 TO 145.59 OR 742.01 TO 742.61 OR CHAPTER 3307.,
3309., OR 5505. OF THE REVISED CODE OR ANY PAYMENT THAT IS
TO BE MADE UNDER A CONTRACT A PARTICIPANT HAS ENTERED INTO FOR THE PURPOSES OF
AN ALTERNATIVE RETIREMENT PLAN.
(C) "LUMP SUM PAYMENT" MEANS A PAYMENT OF ACCUMULATED
CONTRIBUTIONS STANDING TO A PARTICIPANT'S CREDIT UNDER SECTIONS 145.01 TO
145.59 OR 742.01 TO 742.61 OR CHAPTER 3307., 3309., OR
5505. OF THE REVISED CODE OR PURSUANT TO A CONTRACT A
PARTICIPANT HAS ENTERED INTO FOR THE PURPOSES OF AN ALTERNATIVE RETIREMENT
PLAN AND ANY OTHER PAYMENT MADE OR THAT
MAY
BE MADE TO A PARTICIPANT UNDER THOSE SECTIONS OR CHAPTERS ON WITHDRAWAL OF A
PARTICIPANT'S CONTRIBUTIONS. "LUMP SUM PAYMENT" INCLUDES
A LUMP SUM PAYMENT UNDER SECTION 145.38, 742.26, 3307.381, OR 3309.341 OF
THE REVISED CODE.
(D) "PARTICIPANT" MEANS A MEMBER, CONTRIBUTOR, RETIRANT, OR
DISABILITY BENEFIT RECIPIENT WHO IS OR WILL BE ENTITLED TO A BENEFIT OR LUMP
SUM PAYMENT
UNDER SECTIONS 145.01 TO 145.59 OR 742.01 TO
742.61 OR CHAPTER 3307., 3309., OR 5505. OF THE REVISED
CODE OR AN ACADEMIC OR ADMINISTRATIVE EMPLOYEE WHO ELECTS TO
PARTICIPATE IN AN ALTERNATIVE RETIREMENT PLAN UNDER CHAPTER 3305.
of the Revised Code.
(E) "PERSONAL HISTORY RECORD" HAS THE SAME MEANING AS IN SECTION
145.27, 742.41, 3305.10, 3307.21, 3309.22, AND 5505.04 OF THE REVISED
CODE.
(F) "PUBLIC RETIREMENT PROGRAM" MEANS THE PUBLIC EMPLOYEES
RETIREMENT SYSTEM, OHIO POLICE AND FIRE PENSION FUND, SCHOOL
EMPLOYEES RETIREMENT SYSTEM, STATE TEACHERS
RETIREMENT SYSTEM, STATE HIGHWAY PATROL RETIREMENT SYSTEM OR AN ENTITY
PROVIDING AN ALTERNATIVE RETIREMENT PLAN UNDER CHAPTER 3305.
of the Revised Code.
Sec. 3105.81. A COURT THAT ISSUES AN ORDER
UNDER SECTION 3105.171 OR 3105.65 OF THE REVISED
CODE THAT PROVIDES FOR A DIVISION OF PROPERTY THAT INCLUDES A BENEFIT
OR
LUMP SUM PAYMENT AND REQUIRES ONE OR
MORE PAYMENTS FROM A PUBLIC RETIREMENT PROGRAM TO AN ALTERNATE PAYEE
SHALL INCLUDE IN THE ORDER
A REQUIREMENT THAT THE PAYMENTS BE MADE IN ACCORDANCE WITH AND SUBJECT TO
LIMITATIONS SET FORTH IN SECTIONS 3105.82 TO
3105.90
OF THE REVISED CODE.
Sec. 3105.82. AN ORDER DESCRIBED IN SECTION
3105.81 OF THE REVISED CODE SHALL MEET ALL OF THE
FOLLOWING
REQUIREMENTS:
(A) BE ON THE FORM CREATED UNDER SECTION 3105.90 OF THE
REVISED
CODE;
(B) SET FORTH THE NAME AND ADDRESS OF THE PUBLIC RETIREMENT
PROGRAM
SUBJECT TO THE ORDER OR, IF THE COURT DETERMINES THAT THE PARTICIPANT HAS
CONTRIBUTIONS ON DEPOSIT WITH MORE THAN ONE PUBLIC
RETIREMENT PROGRAM, THE NAME AND ADDRESS OF EACH PUBLIC RETIREMENT
PROGRAM THAT IS POTENTIALLY SUBJECT TO THE ORDER;
(C) SET FORTH THE NAMES, SOCIAL SECURITY NUMBERS, AND CURRENT
ADDRESSES OF THE PARTICIPANT AND ALTERNATE PAYEE;
(D) SPECIFY THE AMOUNT TO BE PAID TO THE ALTERNATE PAYEE, BOTH AS
A MONTHLY DOLLAR AMOUNT SHOULD THE PARTICIPANT ELECT A BENEFIT AND AS A
ONE-TIME PAYMENT SHOULD THE PARTICIPANT ELECT A LUMP SUM
PAYMENT;
(E) REQUIRE AN INDIVIDUAL WHO IS A PARTICIPANT OR ALTERNATE PAYEE
TO NOTIFY THE PUBLIC RETIREMENT PROGRAM IN WRITING OF A CHANGE IN THE
INDIVIDUAL'S MAILING
ADDRESS;
(F) NOTIFY THE ALTERNATE PAYEE OF THE FOLLOWING:
(1) THE PAYEE'S RIGHT TO PAYMENT UNDER THE ORDER IS CONDITIONAL ON THE
PARTICIPANT'S RIGHT TO A BENEFIT PAYMENT OR LUMP SUM PAYMENT;
(2) THE POSSIBLE REDUCTION UNDER SECTION 145.571, 742.462, 3307.721,
3309.671, OR 5505.261 of the Revised Code OF THE AMOUNT PAID TO THE ALTERNATE PAYEE;
(3) THE
POSSIBLE TERMINATION OF THE PAYEE'S RIGHTS AS DESCRIBED IN
SECTION 3105.86 OF THE REVISED CODE.
Sec. 3105.83. PAYMENTS UNDER AN ORDER DESCRIBED IN
SECTION 3105.81 OF THE REVISED CODE SHALL COMMENCE AS
PROVIDED UNDER SECTION 145.571, 742.462, 3305.21, 3307.721, 3309.671, OR
5505.261 of the Revised Code. AN ALTERNATE PAYEE HAS NO RIGHT OR
PRIVILEGE UNDER SECTIONS 145.01 TO 145.59 OR 742.01 TO 742.61 OR
CHAPTER 3305., 3307., 3309., OR 5505. OF THE
REVISED CODE THAT IS NOT PROVIDED IN THOSE SECTIONS OR
CHAPTERS.
AN ORDER DESCRIBED IN SECTION 3105.81 OF
THE REVISED CODE SHALL NOT REQUIRE A PUBLIC RETIREMENT
PROGRAM
TO
TAKE ANY ACTION OR PROVIDE ANY BENEFIT, ALLOWANCE, OR PAYMENT NOT
AUTHORIZED UNDER THE LAW GOVERNING THE PUBLIC RETIREMENT PROGRAM.
Sec. 3105.84. AN ORDER DESCRIBED IN SECTION
3105.81 OF THE REVISED CODE SHALL AUTHORIZE THE BOARD OF THE
PUBLIC RETIREMENT PROGRAM THAT IS OR WILL BE PAYING THE BENEFIT OR LUMP SUM
PAYMENT TO WITHHOLD FROM ANY BENEFIT OR PAYMENT THAT IS SUBJECT TO AN ORDER AN
AMOUNT DETERMINED BY THE PUBLIC RETIREMENT PROGRAM TO BE NECESSARY TO DEFRAY
THE COST
OF ADMINISTERING THE ORDER. THIS AMOUNT SHALL BE DIVIDED EQUALLY
BETWEEN THE PARTICIPANT AND THE ALTERNATE PAYEE.
Sec. 3105.85. (A) THE AGGREGATE AMOUNTS DESCRIBED IN DIVISION
(D) OF SECTION
3105.82 AND SECTION 3105.84 OF THE REVISED CODE SHALL NOT DO
EITHER OF THE FOLLOWING:
(1) IN THE CASE OF A LUMP SUM PAYMENT, EXCEED FIFTY PER CENT OF
THE AMOUNT OF THE LUMP SUM PAYMENT OR, IN THE CASE OF A BENEFIT, REDUCE THE
BENEFIT PAID TO THE PARTICIPANT BELOW THE MAXIMUM
AMOUNT THAT WOULD BE PERMITTED UNDER SECTION 303(b) OF THE
"CONSUMER CREDIT PROTECTION ACT,"
15 U.S.C. 1673(b), AS AMENDED, IN
THE CASE OF A GARNISHMENT;
(2) BE WITHHELD FROM A BENEFIT OR LUMP SUM PAYMENT ACCRUED UNDER
SECTION 145.38, 742.26, 3307.381, OR 3309.341 OF THE REVISED
CODE OR UNDER AN ALTERNATIVE RETIREMENT PLAN UNDER CHAPTER
3305. of the Revised Code
FOR CONTRIBUTING SERVICE OR CONTRIBUTIONS UNDER THOSE SECTIONS OR PLAN THAT
COMMENCED AFTER THE TERMINATION OF THE MARRIAGE.
(B) IF A PARTICIPANT'S
BENEFIT OR LUMP SUM PAYMENT IS OR WILL BE SUBJECT TO MORE THAN ONE
ORDER DESCRIBED IN SECTION 3105.81 OF THE
REVISED CODE OR TO AN ORDER DESCRIBED IN SECTION 3105.81
of the Revised Code AND A WITHHOLDING ORDER UNDER SECTION
3111.23 OR 3113.21 OF THE REVISED CODE, THE
PUBLIC RETIREMENT PROGRAM THAT IS OR
WILL BE PAYING THE BENEFIT OR LUMP SUM PAYMENT SHALL ACT IN ACCORDANCE WITH
SECTION 145.571, 742.462, 3305.21, 3307.721, 3309.671, OR 5505.261 of the Revised Code.
Sec. 3105.86. AN ALTERNATE PAYEE'S RIGHTS UNDER AN
ORDER DESCRIBED IN SECTION 3105.81 OF THE
REVISED CODE SHALL TERMINATE ON THE EARLIER OF THE
FOLLOWING:
(A) THE DEATH OF THE PARTICIPANT;
(B) THE DEATH OF THE ALTERNATE PAYEE;
(C) THE TERMINATION OF A BENEFIT PAID TO A PARTICIPANT UNDER
SECTIONS
145.01 TO 145.59 OR 742.01 TO 742.61 OR CHAPTER 3305., 3307., 3309.,
OR
5505. OF THE REVISED CODE.
Sec. 3105.87. THE COURT MAY ORDER A PUBLIC RETIREMENT PROGRAM TO
PROVIDE INFORMATION FROM A PARTICIPANT'S PERSONAL HISTORY RECORD
NECESSARY TO DETERMINE THE AMOUNTS DESCRIBED IN DIVISION (D) OF
SECTION 3105.82 OF THE REVISED CODE.
Sec. 3105.88. THE CLERK OF COURTS SHALL TRANSMIT A CERTIFIED COPY
OF AN ORDER DESCRIBED IN SECTION 3105.81 OF THE
REVISED CODE TO EACH PUBLIC RETIREMENT PROGRAM NAMED IN THE
ORDER.
IF THE CLERK OF COURTS FAILS TO TRANSMIT AN ORDER, THE PUBLIC RETIREMENT
PROGRAM NAMED IN THE ORDER IS NOT REQUIRED TO ADMINISTER THE ORDER.
THE PUBLIC RETIREMENT PROGRAM SHALL RETAIN AN ORDER IN ACCORDANCE WITH
SECTION 145.571, 742.462, 3305.21, 3307.721, 3309.671, OR 5505.261 of the Revised Code.
IF THE PUBLIC RETIREMENT PROGRAM RETURNS TO THE CLERK OF COURTS AN ORDER IN
ACCORDANCE WITH SECTION 145.571, 742.462, 3305.21, 3307.721, 3309.671, OR
5505.261 of the Revised Code, THE CLERK OF COURTS SHALL NOTIFY THE COUNSEL OF RECORD THAT THE
ORDER WAS NOT RETAINED BY THE PUBLIC RETIREMENT PROGRAM.
Sec. 3105.89. THE COURT SHALL RETAIN JURISDICTION TO MODIFY OR
SUPERVISE THE IMPLEMENTATION OF AN ORDER DESCRIBED IN
SECTION 3105.81 OF THE REVISED CODE.
Sec. 3105.90. THE STATE RETIREMENT SYSTEMS SHALL JOINTLY CREATE A
FORM TO BE USED BY COURTS FOR ORDERS DESCRIBED IN SECTION
3105.81 OF THE REVISED CODE. EACH STATE
RETIREMENT
SYSTEM SHALL, BY RULE ADOPTED IN ACCORDANCE WITH SECTION 111.15 OF
THE REVISED CODE, ADOPT THE FORM CREATED UNDER THIS
SECTION.
Sec. 3305.08. Any payment, benefit, or other right accruing to any
electing
employee under a contract the employee
enters into for purposes of an alternative retirement plan, any contributions
to the electing employee's alternative retirement plan pursuant to section
3305.06 of the Revised Code, and all moneys, investments, and income of
those contracts are
exempt from any state tax, except the tax imposed by section 5747.02 of the
Revised Code and,
except as provided in sections 3305.09, 3311.23 3105.171, 3105.65,
3111.23, and 3113.21 of the Revised
Code, shall not
be
subject to execution, garnishment, attachment, the operation of bankruptcy or
the insolvency law, or other process of law, and shall be unassignable except
as specifically provided in this section and sections 3105.171,
3105.65, 3111.23, and 3113.21 of
the Revised Code
and any contract the electing employee has entered into for purposes of an
alternative retirement plan.
Sec. 3305.20. AS USED IN THIS SECTION, "PERSONAL HISTORY RECORD"
MEANS INFORMATION MAINTAINED BY THE ENTITY PROVIDING THE ALTERNATIVE
RETIREMENT PLAN IN WHICH AN EMPLOYEE PARTICIPATES THAT INCLUDES
THE ADDRESS, TELEPHONE NUMBER, SOCIAL SECURITY NUMBER, RECORD OF
CONTRIBUTIONS, CORRESPONDENCE WITH THE PLAN, OR OTHER INFORMATION
THE ENTITY PROVIDING THE PLAN DETERMINES TO BE CONFIDENTIAL.
ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.87 OF THE REVISED
CODE, THE ENTITY PROVIDING THE ALTERNATIVE RETIREMENT PLAN SHALL
COMPLY WITH THE ORDER.
ON THE WRITTEN REQUEST OF AN ALTERNATE PAYEE, AS DEFINED IN
SECTION 3105.80 OF THE REVISED CODE, THE ENTITY PROVIDING
THE
ALTERNATIVE RETIREMENT PLAN SHALL FURNISH TO THE ALTERNATE PAYEE
INFORMATION ON THE AMOUNT AND STATUS OF ANY AMOUNTS PAYABLE TO THE
ALTERNATE PAYEE UNDER AN ORDER ISSUED UNDER SECTION 3105.171 OR 3105.65
OF THE REVISED CODE.
Sec. 3305.21. (A) AS USED IN THIS SECTION, "BENEFIT," "LUMP SUM
PAYMENT," AND "PARTICIPANT" HAVE THE SAME MEANINGS AS IN SECTION 3105.80 of the Revised Code.
(B) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.171 OR
3105.65 of the Revised Code, AN ENTITY PROVIDING A PARTICIPANT'S ALTERNATIVE RETIREMENT PLAN
SHALL DETERMINE WHETHER THE ORDER MEETS THE REQUIREMENTS OF SECTIONS 3105.80
TO
3105.90 of the Revised Code. THE ENTITY SHALL RETAIN IN THE PARTICIPANT'S RECORD AN ORDER
THE
ENTITY DETERMINES MEETS THE REQUIREMENTS. NOT LATER THAN TEN DAYS AFTER
RECEIPT, THE ENTITY SHALL RETURN TO THE COURT THAT ISSUED THE ORDER ANY ORDER
THE ENTITY DETERMINES DOES NOT MEET THE REQUIREMENTS.
(C) THE ENTITY SHALL COMPLY WITH AN ORDER RETAINED UNDER DIVISION
(B) OF THIS SECTION AT THE FOLLOWING TIMES AS APPROPRIATE:
(1) IF THE PARTICIPANT HAS APPLIED FOR OR IS RECEIVING A BENEFIT OR HAS
APPLIED FOR BUT NOT YET RECEIVED A LUMP SUM PAYMENT, AS SOON AS PRACTICABLE;
(2) IF THE PARTICIPANT HAS NOT APPLIED FOR A BENEFIT OR LUMP SUM PAYMENT,
ON APPLICATION BY THE PARTICIPANT FOR A BENEFIT OR LUMP SUM PAYMENT.
(D) IF AN ENTITY PROVIDING AN ALTERNATIVE RETIREMENT PLAN IS
REQUIRED TO TRANSFER A PARTICIPANT'S ACCOUNT BALANCE TO AN ENTITY PROVIDING AN
ALTERNATIVE RETIREMENT PLAN THAT IS NOT NAMED IN THE ORDER, THE TRANSFERRING
ENTITY SHALL DO BOTH OF THE FOLLOWING:
(1) NOTIFY THE COURT THAT ISSUED THE ORDER BY SENDING THE COURT A COPY OF
THE ORDER AND THE NAME AND ADDRESS OF THE ENTITY TO WHICH THE TRANSFER WAS
MADE.
(2) SEND A COPY OF THE ORDER TO THE ENTITY TO WHICH THE TRANSFER WAS MADE.
(E) AN ENTITY THAT RECEIVES A PARTICIPANT'S ACCOUNT BALANCE AND A
COPY OF
AN ORDER AS PROVIDED IN DIVISION (D) OF THIS SECTION,
SHALL ADMINISTER THE ORDER AS IF IT WERE THE ENTITY NAMED
IN THE ORDER.
(F) IF A PARTICIPANT'S
BENEFIT OR LUMP SUM PAYMENT IS OR WILL BE SUBJECT TO MORE THAN ONE
ORDER DESCRIBED IN SECTION 3105.81 OF THE
REVISED CODE OR TO AN ORDER DESCRIBED IN SECTION 3105.81
of the Revised Code AND A WITHHOLDING ORDER UNDER SECTION
3111.23 OR 3113.21 OF THE REVISED CODE,
THE ENTITY PROVIDING THE ALTERNATIVE RETIREMENT PLAN
SHALL, AFTER DETERMINING THAT
THE AMOUNTS THAT ARE OR WILL BE WITHHELD WILL CAUSE THE BENEFIT OR LUMP SUM
PAYMENT TO FALL BELOW THE LIMITS DESCRIBED IN SECTION 3105.85 of the Revised Code, DO ALL OF
THE
FOLLOWING:
(1) ESTABLISH, IN ACCORDANCE WITH DIVISION (G) OF THIS SECTION
AND SUBJECT TO THE LIMITS DESCRIBED IN SECTION 3105.85
OF THE REVISED CODE, THE PRIORITY IN WHICH THE ORDERS ARE OR
WILL
BE PAID;
(2) REDUCE THE AMOUNT PAID TO AN ALTERNATE PAYEE BASED ON THE
PRIORITY ESTABLISHED UNDER DIVISION (F)(1) OF THIS SECTION;
(3) NOTIFY, BY REGULAR
MAIL, A PARTICIPANT AND ALTERNATE PAYEE OF ANY ACTION TAKEN UNDER
THIS DIVISION.
(G) A WITHHOLDING OR DEDUCTION NOTICE ISSUED UNDER SECTION
3111.23 OR 3113.21 of the Revised Code OR AN ORDER DESCRIBED IN SECTION 3115.32 of the Revised Code HAS
PRIORITY OVER ALL OTHER ORDERS AND SHALL BE COMPLIED WITH IN ACCORDANCE WITH
CHILD SUPPORT ENFORCEMENT LAWS. ALL OTHER ORDERS ARE ENTITLED TO PRIORITY IN
ORDER OF EARLIEST RETENTION BY THE ENTITY PROVIDING A PARTICIPANT'S
ALTERNATIVE RETIREMENT PLAN. THE ENTITY IS NOT TO RETAIN AN
ORDER THAT PROVIDES FOR THE DIVISION OF PROPERTY UNLESS THE ORDER IS FILED IN
A COURT WITH JURISDICTION IN THIS STATE.
(H) AN ENTITY PROVIDING AN ALTERNATIVE RETIREMENT PLAN IS NOT
LIABLE IN CIVIL DAMAGES FOR LOSS RESULTING FROM ANY ACTION OR FAILURE TO ACT
IN COMPLIANCE WITH THIS SECTION.
Sec. 3307.21. (A) The treasurer of state shall furnish
annually to the state teachers retirement board a sworn statement
of the amount of the funds in the treasurer's custody
belonging to the state teachers retirement system.
(B)(1) As used in this division, "personal history record"
means information maintained by the board on AN INDIVIDUAL WHO IS a
member, former
member, contributor, former contributor, retirant, or beneficiary
that includes the address, telephone number, social security
number, record of contributions, correspondence with the system,
or other information the board determines to be confidential.
(2) The records of the board shall be open to public
inspection, except for the following, which shall be excluded,
except with the written authorization of the individual
concerned:
(a) The individual's personal records provided for in
section 3307.29 of the Revised Code;
(b) The individual's personal history record;
(c) Any information identifying, by name and address, the
amount of a monthly allowance or benefit paid to the individual.
(C) All medical reports and recommendations under sections
3307.42, 3307.44, and 3307.49 of the Revised Code are privileged,
except that copies of such medical reports or recommendations
shall be made available to the personal physician, attorney, or
authorized agent of the individual concerned upon written release
received from the individual or the
individual's agent, or, when necessary for the proper administration of
the fund, to the board assigned physician.
(D) Any person who is a member or contributor of the
system shall be furnished, on written request, with a
statement of the amount to the credit of the person's account. The
board need not answer more than one request of a person in any
one year.
(E) Notwithstanding the exceptions to public inspection in
division (B)(2) of this section, the board may furnish the
following information:
(1) If a member, former member, retirant, contributor, or
former contributor is subject to an order issued under section 2907.15 of the
Revised Code or is convicted of or pleads guilty to a
violation of section 2921.41 of the Revised Code, on written
request of a prosecutor as defined in section 2935.01 of the
Revised Code, the board shall furnish to the prosecutor the
information requested from the individual's personal history
record.
(2) Pursuant to a court or administrative order issued
under section 3111.23 or 3113.21 of the Revised Code, the board
shall furnish to a court or child support enforcement agency the
information required under that section.
(3) At the written request of any person, the board shall
provide to the person a list of the names and addresses of
members, former members, retirants, contributors, former
contributors, or beneficiaries. The costs of compiling, copying,
and mailing the list shall be paid by such person.
(4) Within fourteen days after receiving from the director
of human services a list of the names and social security numbers
of recipients of public assistance pursuant to section 5101.181
of the Revised Code, the board shall inform the auditor of state
of the name, current or most recent employer address, and social
security number of each member whose name and social security
number are the same as that of a person whose name or social
security number was submitted by the director. The board and its
employees shall, except for purposes of furnishing the auditor of
state with information required by this section, preserve the
confidentiality of recipients of public assistance in compliance
with division (A) of section 5101.181 of the Revised Code.
(5) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.87 of the Revised Code, THE
SYSTEM SHALL COMPLY WITH THE ORDER.
ON THE WRITTEN REQUEST OF AN ALTERNATE PAYEE, AS DEFINED IN
SECTION 3105.80 OF THE REVISED
CODE, THE SYSTEM SHALL FURNISH TO
THE ALTERNATE PAYEE INFORMATION ON THE AMOUNT AND STATUS OF ANY AMOUNTS
PAYABLE TO THE ALTERNATE PAYEE UNDER AN ORDER ISSUED UNDER SECTION 3105.171 OR
3105.65 OF THE REVISED CODE.
(F) A statement that contains information obtained from
the system's records that is signed by an officer of the
retirement system and to which the system's official seal is
affixed, or copies of the system's records to which the signature
and seal are attached, shall be received as true copies of the
system's records in any court or before any officer of this
state.
Sec. 3307.71. The
right of a person AN INDIVIDUAL to a pension, an annuity,
or a
retirement
allowance itself, THE RIGHT OF AN INDIVIDUAL TO any optional benefit,
any other right accrued or accruing to
any person, INDIVIDUAL under sections 3307.01 to 3307.74 of
the Revised Code THIS CHAPTER,
or the various
funds created by section 3307.65 of the Revised Code, and all moneys
and,
investments, and income thereof, FROM MONEYS OR
INVESTMENTS are exempt from any state tax, except the tax
imposed by section 5747.02 of the Revised
Code, and are exempt from any
county, municipal, or other local tax, except taxes imposed pursuant to
section 5748.02 or 5748.08 of the Revised Code, and,
except
as
provided in sections 3105.171, 3105.65,
3111.23, 3113.21, and 3307.72 of the Revised Code, shall not be subject to
execution, garnishment, attachment, the operation of bankruptcy or insolvency
laws, or any other process of law whatsoever, and shall be unassignable
except
as
specifically provided in sections THIS CHAPTER OR SECTION
3105.171, 3105.65, 3111.23, OR 3113.21, and 3307.01
to 3307.74
of the Revised Code.
Sec. 3307.721. (A) AS USED IN THIS SECTION, "BENEFIT," "LUMP SUM
PAYMENT," "PARTICIPANT," AND "PUBLIC RETIREMENT PROGRAM" HAVE THE SAME
MEANINGS AS IN SECTION 3105.80 OF THE REVISED CODE.
(B) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.171 OR
3105.65 OF THE REVISED CODE, THE STATE TEACHERS RETIREMENT
SYSTEM
SHALL DETERMINE WHETHER THE ORDER MEETS THE REQUIREMENTS OF SECTIONS
3105.80 TO 3105.90 OF THE REVISED CODE. THE SYSTEM SHALL
RETAIN IN THE PARTICIPANT'S RECORD AN ORDER THE BOARD DETERMINES MEETS THE
REQUIREMENTS. NOT LATER THAN SIXTY DAYS AFTER
RECEIPT, THE SYSTEM SHALL RETURN TO THE COURT THAT ISSUED THE ORDER
ANY ORDER THE SYSTEM DETERMINES DOES NOT MEET THE REQUIREMENTS.
(C) THE SYSTEM SHALL COMPLY WITH AN ORDER RETAINED
UNDER DIVISION (B) OF THIS SECTION AT THE FOLLOWING TIMES AS
APPROPRIATE:
(1) IF THE PARTICIPANT HAS APPLIED FOR OR IS RECEIVING A
BENEFIT OR HAS APPLIED FOR BUT NOT YET RECEIVED A LUMP SUM PAYMENT,
AS SOON AS PRACTICABLE;
(2) IF THE
PARTICIPANT HAS NOT APPLIED FOR A BENEFIT OR LUMP SUM PAYMENT,
ON APPLICATION BY THE PARTICIPANT FOR A BENEFIT OR LUMP
SUM PAYMENT.
(D) IF THE SYSTEM TRANSFERS A PARTICIPANT'S SERVICE CREDIT OR
CONTRIBUTIONS MADE BY OR ON BEHALF OF A PARTICIPANT TO A
PUBLIC RETIREMENT PROGRAM THAT IS NOT NAMED IN THE ORDER, THE SYSTEM SHALL DO
BOTH OF THE FOLLOWING:
(1) NOTIFY THE COURT THAT ISSUED THE ORDER
BY SENDING TO THE COURT A COPY OF THE ORDER AND THE NAME AND ADDRESS
OF THE PUBLIC RETIREMENT PROGRAM TO WHICH THE TRANSFER WAS MADE.
(2) SEND A COPY OF THE ORDER TO THE PUBLIC RETIREMENT PROGRAM
TO WHICH THE TRANSFER WAS MADE.
(E) IF IT RECEIVES A PARTICIPANT'S SERVICE CREDIT OR
CONTRIBUTIONS AND A COPY OF
AN ORDER AS PROVIDED IN DIVISION (D) OF THIS SECTION, THE SYSTEM
SHALL ADMINISTER THE ORDER AS IF IT WERE THE PUBLIC RETIREMENT PROGRAM NAMED
IN THE ORDER.
(F) IF A PARTICIPANT'S
BENEFIT OR LUMP SUM PAYMENT IS OR WILL BE SUBJECT TO MORE THAN ONE
ORDER DESCRIBED IN SECTION 3105.81 OF THE
REVISED CODE OR TO AN ORDER DESCRIBED IN SECTION 3105.81
of the Revised Code AND A WITHHOLDING ORDER UNDER SECTION
3111.23 OR 3113.21 OF THE REVISED CODE,
THE SYSTEM
SHALL, AFTER DETERMINING THAT
THE AMOUNTS THAT ARE OR WILL BE WITHHELD WILL CAUSE THE BENEFIT OR LUMP SUM
PAYMENT TO FALL BELOW THE LIMITS DESCRIBED IN SECTION 3105.85 of the Revised Code, DO ALL OF
THE
FOLLOWING:
(1) ESTABLISH, IN ACCORDANCE WITH DIVISION (G) OF THIS SECTION
AND SUBJECT TO THE LIMITS DESCRIBED IN SECTION 3105.85
OF THE REVISED CODE, THE PRIORITY IN WHICH THE ORDERS ARE OR
WILL
BE PAID BY THE SYSTEM IN ACCORDANCE WITH DIVISION (G) OF THIS
SECTION;
(2) REDUCE THE AMOUNT PAID TO AN ALTERNATE PAYEE BASED ON THE
PRIORITY ESTABLISHED UNDER DIVISION (F)(1) OF THIS SECTION;
(3) NOTIFY, BY REGULAR
MAIL, A PARTICIPANT AND ALTERNATE PAYEE OF ANY ACTION TAKEN UNDER
THIS DIVISION.
(G) A WITHHOLDING OR DEDUCTION NOTICE ISSUED UNDER SECTION
3111.23 OR 3113.21 of the Revised Code OR AN ORDER DESCRIBED IN SECTION 3115.32 of the Revised Code HAS
PRIORITY OVER ALL OTHER ORDERS AND SHALL BE COMPLIED WITH IN ACCORDANCE WITH
CHILD SUPPORT ENFORCEMENT LAWS. ALL OTHER ORDERS ARE ENTITLED TO PRIORITY IN
ORDER OF EARLIEST RETENTION BY THE SYSTEM. THE SYSTEM IS NOT TO RETAIN AN
ORDER THAT PROVIDES FOR THE DIVISION OF PROPERTY UNLESS THE ORDER IS FILED IN
A COURT WITH JURISDICTION IN THIS STATE.
(H) THE SYSTEM IS NOT LIABLE IN CIVIL DAMAGES FOR LOSS RESULTING
FROM ANY ACTION OR FAILURE TO ACT IN COMPLIANCE WITH THIS SECTION.
Sec. 3309.22. (A) The treasurer of state shall furnish
annually to the school employees retirement board a sworn
statement of the amount of the funds in the treasurer's
custody belonging to
the school employees retirement system.
(B)(1) As used in this division, "personal history record"
means information maintained by the board on AN INDIVIDUAL WHO IS a
member, former
member, contributor, former contributor, retirant, or beneficiary
that includes the address, telephone number, social security
number, record of contributions, correspondence with the system,
and other information the board determines to be confidential.
(2) The records of the board shall be open to public
inspection, except for the following, which shall be excluded,
except with the written authorization of the individual
concerned:
(a) The individual's statement of previous service and
other information as provided for in section 3309.28 of the
Revised Code;
(b) Any information identifying by name and address the
amount of a monthly allowance or benefit paid to the individual;
(c) The individual's personal history record.
(C) All medical reports and recommendations required by
the system are privileged except that copies of such medical
reports or recommendations shall be made available to the
personal physician, attorney, or authorized agent of the
individual concerned upon written release received from the
individual or the individual's agent, or when necessary
for the proper administration of the
fund, to the board assigned physician.
(D) Any person who is a contributor of the system shall be
furnished, on written request, with a statement of the
amount to the credit of the person's account. The board need not
answer more than one such request of a person in any one year.
(E) Notwithstanding the exceptions to public inspection in
division (B)(2) of this section, the board may furnish the
following information:
(1) If a member, former member, contributor, former
contributor, or retirant is subject to an order issued under section 2907.15
of the Revised Code or is convicted of or pleads guilty to a
violation of section 2921.41 of the Revised Code, on written
request of a prosecutor as defined in section 2935.01 of the
Revised Code, the board shall furnish to the prosecutor the
information requested from the individual's personal history
record.
(2) Pursuant to a court or administrative order issued
under section 3111.23 or 3113.21 of the Revised Code, the board
shall furnish to a court or child support enforcement agency the
information required under that section.
(3) At the written request of any person, the board shall
provide to the person a list of the names and addresses of
members, former members, retirants, contributors, former
contributors, or beneficiaries. The costs of compiling, copying,
and mailing the list shall be paid by such person.
(4) Within fourteen days after receiving from the director
of human services a list of the names and social security numbers
of recipients of public assistance pursuant to section 5101.181
of the Revised Code, the board shall inform the auditor of state
of the name, current or most recent employer address, and social
security number of each contributor whose name and social
security number are the same as that of a person whose name or
social security number was submitted by the director. The board
and its employees shall, except for purposes of furnishing the
auditor of state with information required by this section,
preserve the confidentiality of recipients of public assistance
in compliance with division (A) of section 5101.181 of the
Revised Code.
(5) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.87 of the Revised Code, THE
SYSTEM SHALL COMPLY WITH THE ORDER.
ON THE WRITTEN REQUEST OF AN ALTERNATE PAYEE, AS DEFINED IN
SECTION 3105.80 OF THE REVISED
CODE, THE SYSTEM SHALL FURNISH TO
THE ALTERNATE PAYEE INFORMATION ON THE AMOUNT AND STATUS OF ANY AMOUNTS
PAYABLE TO THE ALTERNATE PAYEE UNDER AN ORDER ISSUED UNDER SECTION 3105.171 OR
3105.65 OF THE REVISED CODE.
(F) A statement that contains information obtained from
the system's records that is signed by an officer of the
retirement system and to which the system's official seal is
affixed, or copies of the system's records to which the signature
and seal are attached, shall be received as true copies of the
system's records in any court or before any officer of this
state.
Sec. 3309.66. The
right of a person AN INDIVIDUAL to a pension, an annuity,
or a
retirement allowance itself, THE RIGHT OF AN INDIVIDUAL TO any optional
benefit, any other right accrued or
accruing to any persons, INDIVIDUAL under sections 3309.01 to
3309.68 of the Revised
Code THIS CHAPTER, or the various funds created by section
3309.60 of the Revised Code, and
all moneys
and, investments, and income thereof, FROM
MONEYS AND INVESTMENTS are exempt from any state tax, except the
tax imposed by section 5747.02 of the Revised Code, and are exempt from any
county, municipal, or other local tax, except taxes imposed pursuant to
section 5748.02 or 5748.08 of the Revised Code, and,
except
as
provided in sections 3105.171, 3105.65,
3111.23, 3113.21, and 3309.67 of the Revised Code, shall not be subject to
execution, garnishment, attachment, the operation of bankruptcy or insolvency
laws, or any other process of law whatsoever, and shall be unassignable
except
as
specifically provided in sections THIS CHAPTER OR SECTION
3105.171, 3105.65,
3111.23, OR 3113.21, and 3309.01 to 3309.68
of the Revised Code.
Sec. 3309.671. (A) AS USED IN THIS SECTION, "BENEFIT," "LUMP
SUM PAYMENT," "PARTICIPANT," AND "PUBLIC RETIREMENT PROGRAM" HAVE THE SAME
MEANINGS AS IN SECTION 3105.80 OF THE REVISED CODE.
(B) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.171 OR
3105.65 OF THE REVISED CODE, THE SCHOOL EMPLOYEES RETIREMENT
SYSTEM
SHALL DETERMINE WHETHER THE ORDER MEETS THE REQUIREMENTS OF SECTIONS
3105.80 TO 3105.90 OF THE REVISED CODE. THE SYSTEM SHALL
RETAIN IN THE PARTICIPANT'S RECORD AN ORDER THE SYSTEM DETERMINES
MEETS THE REQUIREMENTS. NOT LATER THAN SIXTY DAYS AFTER RECEIPT,
THE SYSTEM SHALL RETURN TO THE COURT THAT ISSUED THE ORDER ANY
ORDER THE SYSTEM DETERMINES DOES NOT MEET THE REQUIREMENTS.
(C) THE SYSTEM SHALL COMPLY WITH AN ORDER RETAINED
UNDER DIVISION (B) OF THIS SECTION AT THE FOLLOWING TIMES AS
APPROPRIATE:
(1) IF THE PARTICIPANT HAS APPLIED FOR OR IS RECEIVING A
BENEFIT OR HAS APPLIED FOR BUT NOT YET RECEIVED A LUMP SUM PAYMENT,
AS SOON AS PRACTICABLE;
(2) IF THE
PARTICIPANT HAS NOT APPLIED FOR A BENEFIT OR LUMP SUM PAYMENT,
ON APPLICATION BY THE PARTICIPANT FOR A BENEFIT OR LUMP
SUM PAYMENT.
(D) IF THE SYSTEM TRANSFERS A PARTICIPANT'S SERVICE CREDIT OR
CONTRIBUTIONS MADE BY OR ON BEHALF OF A PARTICIPANT TO A
PUBLIC RETIREMENT PROGRAM THAT IS NOT NAMED IN THE ORDER, THE SYSTEM SHALL DO
BOTH OF THE FOLLOWING:
(1) NOTIFY THE COURT THAT ISSUED
THE ORDER BY SENDING THE COURT A COPY OF THE ORDER AND THE NAME
AND ADDRESS OF THE PUBLIC RETIREMENT PROGRAM TO WHICH THE TRANSFER WAS
MADE.
(2) SEND A COPY OF THE ORDER TO THE PUBLIC RETIREMENT PROGRAM TO WHICH THE
TRANSFER WAS MADE.
(E) IF IT RECEIVES A PARTICIPANT'S SERVICE CREDIT OR
CONTRIBUTIONS AND A COPY OF
AN ORDER AS PROVIDED IN DIVISION (D) OF THIS SECTION, THE SYSTEM
SHALL ADMINISTER THE ORDER AS IF IT WERE THE PUBLIC RETIREMENT PROGRAM NAMED
IN THE ORDER.
(F) IF A PARTICIPANT'S
BENEFIT OR LUMP SUM PAYMENT IS OR WILL BE SUBJECT TO MORE THAN ONE
ORDER DESCRIBED IN SECTION 3105.81 OF THE
REVISED CODE OR TO AN ORDER DESCRIBED IN SECTION 3105.81
of the Revised Code AND A WITHHOLDING ORDER UNDER SECTION
3111.23 OR 3113.21 OF THE REVISED CODE,
THE SYSTEM
SHALL, AFTER DETERMINING THAT
THE AMOUNTS THAT ARE OR WILL BE WITHHELD WILL CAUSE THE BENEFIT OR LUMP SUM
PAYMENT TO FALL BELOW THE LIMITS DESCRIBED IN SECTION 3105.85 of the Revised Code, DO ALL OF
THE
FOLLOWING:
(1) ESTABLISH, IN ACCORDANCE WITH DIVISION (G) OF THIS SECTION
AND SUBJECT TO THE LIMITS DESCRIBED IN SECTION 3105.85
OF THE REVISED CODE, THE PRIORITY IN WHICH THE ORDERS ARE OR
WILL
BE PAID BY THE SYSTEM;
(2) REDUCE THE AMOUNT PAID TO AN ALTERNATE PAYEE BASED ON THE
PRIORITY ESTABLISHED UNDER DIVISION (F)(1) OF THIS SECTION;
(3) NOTIFY, BY REGULAR
MAIL, A PARTICIPANT AND ALTERNATE PAYEE OF ANY ACTION TAKEN UNDER
THIS DIVISION.
(G) A WITHHOLDING OR DEDUCTION NOTICE ISSUED UNDER SECTION
3111.23 OR 3113.21 of the Revised Code OR AN ORDER DESCRIBED IN SECTION 3115.32 of the Revised Code HAS
PRIORITY OVER ALL OTHER ORDERS AND SHALL BE COMPLIED WITH IN ACCORDANCE WITH
CHILD SUPPORT ENFORCEMENT LAWS. ALL OTHER ORDERS ARE ENTITLED TO PRIORITY IN
ORDER OF EARLIEST RETENTION BY THE SYSTEM. THE SYSTEM IS NOT TO RETAIN AN
ORDER THAT PROVIDES FOR THE DIVISION OF PROPERTY UNLESS THE ORDER IS FILED IN
A COURT WITH JURISDICTION IN THIS STATE.
(H) THE SYSTEM IS NOT LIABLE IN CIVIL DAMAGES FOR LOSS RESULTING
FROM ANY ACTION OR FAILURE TO ACT IN COMPLIANCE WITH THIS SECTION.
Sec. 5505.04. (A) The general administration and
management of the state highway patrol retirement system and the
making effective of this chapter are hereby vested in the state
highway patrol retirement board. The board may sue and be sued,
plead and be impleaded, contract and be contracted with, and do
all things necessary to carry out this chapter.
The board shall consist of the auditor of state, the
superintendent of the state highway patrol, a retirant-member who
is a resident of this state, and four employee-members.
The board shall annually elect a chairperson and
vice-chairperson from among its members. The vice-chairperson shall act as
chairperson in the absence of the chairperson. A majority of the members of
the board shall constitute a quorum and any action taken shall be
approved by four or more of the members. The board shall meet
not less than once each year, upon sufficient notice to the
members. All meetings of the board shall be open to the public
except executive sessions as set forth in division (G) of section
121.22 of the Revised Code, and any portions of any sessions
discussing medical records or the degree of disability of a
member excluded from public inspection by this section.
(B) The attorney general shall prescribe procedures for
the adoption of rules authorized under this chapter, consistent
with the provision of section 111.15 of the Revised Code under
which all rules shall be filed in order to be effective. Such
procedures shall establish methods by which notice of proposed
rules are given to interested parties and rules adopted by the
board published and otherwise made available.
When it files a rule with the joint committee on agency
rule review pursuant to section 111.15 of the
Revised Code, the board shall submit to
the Ohio retirement study
council a copy of the full text of the rule, and if applicable,
a copy of the rule summary and
fiscal analysis required by division
(B) of section 127.18 of the
Revised
Code.
(C) The retirant-member of the board shall be elected for
a four-year term by a general election of service and disability
retirants conducted in a manner approved by the board. The term
of the initial retirant-member shall commence in August 1990. A
person who at the time of retirement is an employee-member of the
board is not eligible to become a retirant-member until three
years after such person's retirement date. Employee-members
of the board
shall be elected for terms of four years by a general election of
contributing members conducted in a manner approved by the board.
The term of office of each employee-member shall commence in
August of the year in which such member is elected. Any
vacancy occurring
in the term of the retirant-member or any employee-member of the
board shall be filled by an election conducted in the same manner
as other retirant-member and employee-member elections. The
retirant-member or employee-member elected shall fill the
unexpired term.
(D)(1) As used in this division, "personal history record"
means information maintained by the board on AN INDIVIDUAL WHO IS a
member, former
member, retirant, or beneficiary that includes the address,
telephone number, social security number, record of
contributions, correspondence with the system, and other
information the board determines to be confidential.
(2) The records of the board shall be open to public
inspection, except for the following which shall be excluded:
the member's, former member's, retirant's, or beneficiary's
personal history record and the amount of a monthly allowance or
benefit paid to a retirant, beneficiary, or survivor, except with
the written authorization of the individual concerned. All
medical reports and recommendations are privileged except that
copies of such medical reports or recommendations shall be made
available to the individual's personal physician, attorney, or
authorized agent upon written release received from such
individual or such individual's agent, or when necessary
for the proper administration of the
fund to the board-assigned physician.
(E) Notwithstanding the exceptions to public inspection in
division (D)(2) of this section, the board may furnish the
following information:
(1) If a member, former member, or retirant is subject to an order issued
under section 2907.15 of the Revised Code or is convicted
of or pleads guilty to a violation of section 2921.41 of the
Revised Code, on written request of a prosecutor as defined in
section 2935.01 of the Revised Code, the board shall furnish to
the prosecutor the information requested from the individual's
personal history record.
(2) Pursuant to a court order issued under section 3113.21
of the Revised Code, the board shall furnish to a court or child
support enforcement agency the information required under that
section.
(3) At the written request of any nonprofit organization
or association providing services to retirement system members,
retirants, or beneficiaries, the board shall provide to the
organization or association a list of the names and addresses of
members, former members, retirants, or beneficiaries if the
organization or association agrees to use such information solely
in accordance with its stated purpose of providing services to
such individuals and not for the benefit of other persons,
organizations, or associations. The costs of compiling, copying,
and mailing the list shall be paid by such entity.
(4) Within fourteen days after receiving from the director
of human services a list of the names and social security numbers
of recipients of public assistance pursuant to section 5101.181
of the Revised Code, the board shall inform the auditor of state
of the name, current or most recent employer address, and social
security number of each member whose name and social security
number are the same as those of a person whose name or social
security number was submitted by the director. The board and its
employees, except for purposes of furnishing the auditor of state
with information required by this section, shall preserve the
confidentiality of recipients of public assistance in compliance
with division (A) of section 5101.181 of the Revised Code.
(5) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.87 of the Revised Code, THE
SYSTEM SHALL COMPLY WITH THE ORDER.
ON THE WRITTEN REQUEST OF AN ALTERNATE PAYEE, AS DEFINED IN
SECTION 3105.80 OF THE REVISED
CODE, THE SYSTEM SHALL FURNISH TO
THE ALTERNATE PAYEE INFORMATION ON THE AMOUNT AND STATUS OF ANY AMOUNTS
PAYABLE TO THE ALTERNATE PAYEE UNDER AN ORDER ISSUED UNDER SECTION 3105.171 OR
3105.65 OF THE REVISED CODE.
(F) A statement that contains information obtained from
the system's records that is certified and signed by an officer
of the retirement system and to which the system's official seal
is affixed, or copies of the system's records to which the
signature and seal are attached, shall be received as true copies
of the system's records in any court or before any officer of
this state.
Sec. 5505.22. The
right of any person INDIVIDUAL to a pension, or to the return of
accumulated contributions, payable as provided under this chapter, and all
moneys, AND investments of the state highway patrol retirement
system, and income
therefrom, FROM MONEYS OR INVESTMENTS are exempt from any state
tax, except the tax imposed by section
5747.02 of the Revised Code, and are exempt from any county, municipal, or
other local tax, except taxes imposed pursuant to section 5748.02 or
5748.08 of the
Revised Code, and, except
as provided in
sections 3105.171, 3105.65, 3111.23, 3113.21, and
5505.26
of the Revised Code, shall not be subject to execution, garnishment,
attachment, the operation of bankruptcy or insolvency laws, or any other
process of law whatsoever, and shall be unassignable except
as specifically
provided in this chapter.
Sec. 5505.261. (A) AS USED IN THIS SECTION, "BENEFIT," "LUMP SUM
PAYMENT," "PARTICIPANT," AND "PUBLIC RETIREMENT PROGRAM" HAVE THE SAME
MEANINGS AS IN SECTION 3105.80 OF THE REVISED CODE.
(B) ON RECEIPT OF AN ORDER ISSUED UNDER SECTION 3105.171 OR
3105.65 OF THE REVISED CODE, THE STATE HIGHWAY PATROL
RETIREMENT
SYSTEM SHALL DETERMINE WHETHER THE ORDER MEETS THE REQUIREMENTS OF
SECTIONS 3105.80 TO 3105.90 OF THE REVISED CODE. THE SYSTEM
SHALL RETAIN IN THE PARTICIPANT'S RECORD AN ORDER THE SYSTEM DETERMINES MEETS
THE REQUIREMENTS. NOT LATER THAN SIXTY DAYS AFTER
RECEIPT, THE SYSTEM SHALL RETURN TO THE COURT THAT ISSUED THE ORDER
ANY ORDER THE SYSTEM DETERMINES DOES NOT MEET THE REQUIREMENTS.
(C) THE SYSTEM SHALL COMPLY WITH AN ORDER RETAINED
UNDER DIVISION (B) OF THIS SECTION AT EITHER OF THE FOLLOWING TIMES
AS APPROPRIATE:
(1) IF THE PARTICIPANT HAS APPLIED FOR OR IS RECEIVING A
BENEFIT OR HAS APPLIED FOR BUT NOT YET RECEIVED A LUMP SUM PAYMENT,
AS SOON AS PRACTICABLE;
(2) IF THE
PARTICIPANT HAS NOT APPLIED FOR A BENEFIT OR LUMP SUM PAYMENT,
ON APPLICATION BY THE PARTICIPANT FOR A BENEFIT OR LUMP
SUM PAYMENT.
(D) IF THE SYSTEM TRANSFERS A PARTICIPANT'S SERVICE CREDIT OR
CONTRIBUTIONS MADE BY OR ON BEHALF OF A PARTICIPANT TO A
PUBLIC RETIREMENT PROGRAM
THAT IS NOT NAMED IN
THE ORDER, THE SYSTEM SHALL DO BOTH OF THE FOLLOWING:
(1) NOTIFY THE COURT THAT ISSUED THE ORDER
BY SENDING THE COURT A COPY OF THE ORDER AND THE NAME AND ADDRESS
OF THE PUBLIC RETIREMENT PROGRAM TO WHICH THE TRANSFER WAS MADE.
(2) SEND A COPY OF THE ORDER TO THE PUBLIC RETIREMENT PROGRAM
TO WHICH THE TRANSFER WAS MADE.
(E) IF IT RECEIVES A PARTICIPANT'S SERVICE CREDIT OR
CONTRIBUTIONS AND A COPY OF
AN ORDER AS PROVIDED IN DIVISION (D) OF THIS SECTION, THE SYSTEM
SHALL ADMINISTER THE ORDER AS IF IT WERE THE PUBLIC RETIREMENT PROGRAM NAMED
IN THE ORDER.
(F) IF A PARTICIPANT'S
BENEFIT OR LUMP SUM PAYMENT IS OR WILL BE SUBJECT TO MORE THAN ONE
ORDER DESCRIBED IN SECTION 3105.81 OF THE
REVISED CODE OR TO AN ORDER DESCRIBED IN SECTION 3105.81
of the Revised Code AND A WITHHOLDING ORDER UNDER SECTION
3111.23 OR 3113.21 OF THE REVISED CODE,
THE SYSTEM
SHALL, AFTER DETERMINING THAT
THE AMOUNTS THAT ARE OR WILL BE WITHHELD WILL CAUSE THE BENEFIT OR LUMP SUM
PAYMENT TO FALL BELOW THE LIMITS DESCRIBED IN SECTION 3105.85 of the Revised Code, DO ALL OF
THE
FOLLOWING:
(1) ESTABLISH, IN ACCORDANCE WITH DIVISION (G) OF THIS SECTION
AND SUBJECT TO THE LIMITS DESCRIBED IN SECTION 3105.85
OF THE REVISED CODE, THE PRIORITY IN WHICH THE ORDERS ARE OR
WILL
BE PAID BY THE RETIREMENT SYSTEM IN ACCORDANCE WITH DIVISION (G) OF
THIS SECTION;
(2) REDUCE THE AMOUNT PAID TO AN ALTERNATE PAYEE BASED ON THE
PRIORITY ESTABLISHED UNDER DIVISION (F)(1) OF THIS SECTION;
(3) NOTIFY, BY REGULAR
MAIL, A PARTICIPANT AND ALTERNATE PAYEE OF ANY ACTION TAKEN UNDER
THIS DIVISION.
(G) A WITHHOLDING OR DEDUCTION NOTICE ISSUED UNDER SECTION
3111.23 OR 3113.21 of the Revised Code OR AN ORDER DESCRIBED IN SECTION 3115.32 of the Revised Code HAS
PRIORITY OVER ALL OTHER ORDERS AND SHALL BE COMPLIED WITH IN ACCORDANCE WITH
CHILD SUPPORT ENFORCEMENT LAWS. ALL OTHER ORDERS ARE ENTITLED TO PRIORITY IN
ORDER OF EARLIEST RETENTION BY THE SYSTEM. THE SYSTEM IS NOT TO RETAIN AN
ORDER THAT PROVIDES FOR THE DIVISION OF PROPERTY UNLESS THE ORDER IS FILED IN
A COURT WITH JURISDICTION IN THIS STATE.
(H) THE SYSTEM IS NOT LIABLE IN CIVIL DAMAGES FOR LOSS RESULTING
FROM ANY ACTION OR FAILURE TO ACT IN COMPLIANCE WITH THIS SECTION.
Section 2. That existing sections 145.27, 145.56, 742.41, 742.47,
3305.08,
3307.21,
3307.71, 3309.22, 3309.66, 5505.04, and
5505.22 of the Revised Code are hereby repealed.
Section 3. Compliance with the provisions of this act by a public
retirement program, as defined in section 3105.80 of the Revised
Code, shall not subject the program to any provisions of
federal law that do not otherwise apply to a governmental plan, as
defined under section 414 of the "Internal Revenue Code of 1986,"
100 Stat. 2085, 26 U.S.C.A. 414(d), as amended.
Section 4. This act applies only to orders issued under section 3105.171 or
3105.65 of the Revised Code on or after the act's effective date.
Section 5. Sections 145.27, 3307.21, and 3309.22 of the Revised
Code are presented in this act
as composites of those sections as amended by both
Am. Sub. H.B. 627 and Am. Sub. H.B. 668 of the 121st General Assembly, with
the
new language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
Section 6. Sections 1, 2, 3, 4, and 5 of this act shall take effect one year
after the effective date of this section.
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