130th Ohio General Assembly
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As Passed by the House

123rd General Assembly
Regular Session
1999-2000
Sub. H. B. No. 535

REPRESENTATIVES WILLAMOWSKI-TERWILLEGER-VAN VYVEN-HARTNETT- GRENDELL-NETZLEY-CLANCY-A. CORE-MOTTLEY-HOLLISTER-VESPER- WILLIAMS-SALERNO-SCHUCK-BENDER-WIDENER-AUSTRIA


A BILL
To amend sections 145.27, 145.56, 145.563, 742.41, 742.47, 3305.08, 3307.21, 3307.71, 3307.751, 3309.22, 3309.66, 3309.70, 5505.04, and 5505.22 and to enact sections 145.571, 742.462, 742.64, 3105.80 to 3105.82, 3105.821, 3105.83 to 3105.90, 3305.20, 3305.21, 3305.22, 3307.721, 3309.671, 5505.261, and 5505.34 of the Revised Code to permit a public retirement program, pursuant to a court order, to make payments to a participant'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, 145.563, 742.41, 742.47, 3305.08, 3307.21, 3307.71, 3307.751, 3309.22, 3309.66, 3309.70, 5505.04, and 5505.22 be amended and sections 145.571, 742.462, 742.64, 3105.80, 3105.81, 3105.82, 3105.821, 3105.83, 3105.84, 3105.85, 3105.86, 3105.87, 3105.88, 3105.89, 3105.90, 3305.20, 3305.21, 3305.22, 3307.721, 3309.671, 5505.261, and 5503.34 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 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 job and family 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) THE PUBLIC EMPLOYEES RETIREMENT SYSTEM SHALL COMPLY WITH ORDERS ISSUED UNDER SECTION 3105.87 of the Revised Code.

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 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. 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, AND 3115.32 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, AND 3115.32 of the Revised Code.

Sec. 145.563. If THE PERSON WHO IS a member, former member, contributor, former contributor, retirant, or beneficiary, OR ALTERNATE PAYEE, AS DEFINED IN SECTION 3105.80 of the Revised Code, is paid any benefit OR PAYMENT by the public employees retirement system to which he THE PERSON is not entitled, the benefit shall be repaid to the retirement system by him THE PERSON. If he THE PERSON fails to make the repayment, the retirement system shall withhold the amount due from any benefit due him THE PERSON or his THE PERSON'S beneficiary under sections 145.01 to 145.59 of the Revised Code, or may collect the amount in any other manner provided by law.

Sec. 145.571. (A) AS USED IN THIS SECTION, "ALTERNATE PAYEE," "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 belonging to the Ohio police and fire pension fund. The records of the board FUND 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 FUND 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 FUND 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 FUND 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 FUND 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 FUND 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 job and family 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 FUND 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 FUND 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) THE FUND SHALL COMPLY WITH ORDERS ISSUED UNDER SECTION 3105.87 of the Revised Code.

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 FUND'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 FUND'S records to which the signature and seal are attached, shall be received as true copies of the board's FUND'S records in any court or before any officer of this state.

Sec. 742.462. (A) AS USED IN THIS SECTION, "ALTERNATE PAYEE," "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, AND 3115.32 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. 742.64. AS USED IN THIS SECTION, "ALTERNATE PAYEE," "BENEFIT," AND "LUMP SUM PAYMENT" HAVE THE SAME MEANINGS AS IN SECTION 3105.80 of the Revised Code.

IF A PERSON WHO IS AN ALTERNATE PAYEE IS PAID ANY AMOUNT FROM A BENEFIT OR LUMP SUM PAYMENT UNDER AN ORDER ISSUED UNDER SECTION 3105.171 OR 3105.65 of the Revised Code BY THE OHIO POLICE AND FIRE PENSION FUND TO WHICH THE PERSON IS NOT ENTITLED, THE PERSON SHALL REPAY THE FUND. IF THE PERSON FAILS TO REPAY, THE FUND SHALL WITHHOLD THE AMOUNT DUE FROM ANY PAYMENT DUE THE PERSON UNDER THE ORDER OR MAY COLLECT THE AMOUNT IN ANY OTHER MANNER PROVIDED BY LAW.

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, 3305.20, 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 AS ONE OF THE FOLLOWING:

(1) AS BOTH A MONTHLY DOLLAR AMOUNT SHOULD THE PARTICIPANT ELECT A BENEFIT AND AS A ONE-TIME PAYMENT SHOULD THE PARTICIPANT ELECT A LUMP SUM PAYMENT;

(2) AS A PERCENTAGE OF A FRACTION DETERMINED AS FOLLOWS OF A MONTHLY BENEFIT OR LUMP SUM PAYMENT:

(a) THE NUMERATOR OF THE FRACTION SHALL BE THE NUMBER OF YEARS DURING WHICH THE PARTICIPANT WAS BOTH A MEMBER OF A PUBLIC RETIREMENT PROGRAM AND MARRIED TO THE ALTERNATE PAYEE.

(b) THE DENOMINATOR, WHICH SHALL BE DETERMINED BY THE PUBLIC RETIREMENT PROGRAM AT THE TIME THE PARTICIPANT ELECTS TO TAKE THE BENEFIT OR PAYMENT, SHALL BE THE PARTICIPANT'S TOTAL YEARS OF SERVICE CREDIT OR, IN THE CASE OF A PARTICIPANT IN A RETIREMENT PLAN ESTABLISHED UNDER CHAPTER 3305. of the Revised Code, YEARS OF PARTICIPATION IN THE PLAN.

(E) IF THE PARTICIPANT IS ELIGIBLE FOR MORE THAN ONE BENEFIT OR LUMP SUM PAYMENT, SPECIFY IN ACCORDANCE WITH DIVISION (D) OF THIS SECTION THE AMOUNT, IF ANY, TO BE PAID TO THE ALTERNATE PAYEE FROM EACH BENEFIT OR LUMP SUM PAYMENT.

(F) 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;

(G) 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.

(H) APPLY TO PAYMENTS MADE BY THE PUBLIC RETIREMENT PROGRAM AFTER RETENTION OF AN ORDER UNDER SECTION 145.571, 742.462, 3305.21, 3307.721, 3309.671, OR 5505.261 of the Revised Code.

Sec. 3105.821. THE MONTHLY BENEFIT USED UNDER DIVISION (D)(2) OF SECTION 3105.82 of the Revised Code TO DETERMINE THE AMOUNT TO BE PAID AN ALTERNATE PAYEE FROM A MONTHLY BENEFIT SHALL BE WHICHEVER OF THE FOLLOWING APPLIES:

(A) IF THE PARTICIPANT IS RECEIVING A MONTHLY BENEFIT, THE MONTHLY BENEFIT SHALL BE THE BENEFIT THE PARTICIPANT IS RECEIVING AT THE TIME THE DECREE OF DIVORCE OR DISSOLUTION BECOMES FINAL;

(B) IF THE PARTICIPANT HAS APPLIED FOR BUT IS NOT YET RECEIVING A MONTHLY BENEFIT, THE MONTHLY BENEFIT SHALL BE THE BENEFIT FOR WHICH THE PARTICIPANT IS ELIGIBLE;

(C) IF THE PARTICIPANT HAS NOT APPLIED FOR A BENEFIT, THE MONTHLY BENEFIT SHALL BE THE BENEFIT CALCULATED AT THE TIME THE PARTICIPANT ELECTS TO TAKE IT.

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 TOTAL OF THE AMOUNTS DESCRIBED IN DIVISION (D) OF SECTION 3105.82 AND SECTION 3105.84 OF THE REVISED CODE SHALL NOT EXCEED FIFTY PER CENT OF THE AMOUNT OF A BENEFIT OR LUMP SUM PAYMENT, OR IF WITHHOLDING IS TO BE MADE FROM MORE THAN ONE BENEFIT OR LUMP SUM PAYMENT, FIFTY PER CENT OF THE TOTAL OF THE BENEFITS OR LUMP SUM PAYMENTS.

(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, THE PUBLIC RETIREMENT PROGRAM SHALL NOT WITHHOLD AN AGGREGATE AMOUNT FOR ALL THE ORDERS THAT EXCEEDS FIFTY PER CENT OF THE BENEFIT OR LUMP SUM PAYMENT.

(C) IF A PARTICIPANT'S BENEFIT OR LUMP SUM PAYMENT IS OR WILL BE SUBJECT TO AN ORDER DESCRIBED IN SECTION 3105.81 of the Revised Code AND ONE OR MORE WITHHOLDING ORDERS UNDER SECTION 3111.23 OR 3113.21 OF THE REVISED CODE, THE PUBLIC RETIREMENT PROGRAM SHALL NOT WITHHOLD FROM A BENEFIT OR LUMP SUM PAYMENT AN AGGREGATE AMOUNT FOR ALL ORDERS DESCRIBED IN SECTION 3105.81 of the Revised Code THAT EXCEEDS THE DIFFERENCE BETWEEN FIFTY PER CENT OF THE BENEFIT OR PAYMENT AND THE PERCENTAGE OF THE BENEFIT OR PAYMENT THAT IS OR WILL BE PAID UNDER ORDERS DESCRIBED IN SECTION 3111.23 OR 3113.21 of the Revised Code.

(D) 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. NOTWITHSTANDING DIVISION (I) OF SECTION 3105.171 of the Revised Code:

(A) THE COURT SHALL RETAIN JURISDICTION TO MODIFY, SUPERVISE, OR ENFORCE THE IMPLEMENTATION OF AN ORDER DESCRIBED IN SECTION 3105.81 OF THE REVISED CODE.

(B) THE COURT MAY MODIFY AN ORDER ISSUED UNDER SECTION 3105.171 OR 3105.65 of the Revised Code THAT WAS EFFECTIVE PRIOR TO THE EFFECTIVE DATE OF THIS SECTION FOR THE PURPOSE OF ENFORCING THE ORDER OR CARRYING INTO EFFECT THE MANIFEST INTENTIONS OF THE PARTIES. A MODIFIED ORDER MUST MEET THE REQUIREMENTS OF SECTION 3105.82 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 3105.171, 3105.65, 3111.23, 3113.21, 3115.32, AND 3305.09, 3311.23, 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, AND 3115.32 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 AN ALTERNATIVE RETIREMENT PLAN ON AN INDIVIDUAL WHO PARTICIPATES IN THE PLAN 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.

THE ENTITY SHALL COMPLY WITH ORDERS ISSUED UNDER SECTION 3105.87 of the Revised Code REQUIRING IT TO PROVIDE INFORMATION FROM A PARTICIPANT'S PERSONAL HISTORY RECORD.

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, "ALTERNATE PAYEE," "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. 3305.22. AS USED IN THIS SECTION, "ALTERNATE PAYEE" HAS THE SAME MEANING AS IN SECTION 3105.80 OF THE REVISED CODE.

IF A PERSON WHO IS AN ALTERNATE PAYEE IS PAID ANY AMOUNT UNDER AN ORDER ISSUED UNDER SECTION 3105.171 OR 3105.65 of the Revised Code TO WHICH THE PERSON IS NOT ENTITLED BY AN ENTITY PROVIDING AN ALTERNATIVE RETIREMENT PLAN, THE PERSON SHALL REPAY THE ENTITY. IF THE PERSON FAILS TO REPAY, THE ENTITY SHALL WITHHOLD THE AMOUNT FROM ANY PAYMENT DUE THE PERSON UNDER THE ORDER OR MAY COLLECT THE AMOUNT IN ANY OTHER MANNER PROVIDED BY LAW.

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 job and family 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) THE SYSTEM SHALL COMPLY WITH ORDERS ISSUED UNDER SECTION 3105.87 of the Revised Code.

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, 3115.32, 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 THIS CHAPTER OR sections 3105.171, 3105.65, 3111.23, 3113.21, and 3307.01 to 3307.74 3115.32 of the Revised Code.

Sec. 3307.721. (A) AS USED IN THIS SECTION, "ALTERNATE PAYEE," "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. 3307.751. If THE PERSON WHO IS a member, former member, contributor, former contributor, retirant, or beneficiary, OR ALTERNATE PAYEE, AS DEFINED IN SECTION 3105.80 of the Revised Code, is paid any benefit OR PAYMENT by the state teachers retirement system to which he THE PERSON is not entitled, the benefit shall be repaid to the retirement system by him THE PERSON. If he SUCH A PERSON fails to make the repayment, the retirement system shall withhold the amount due from any benefit due him THE PERSON or his THE PERSON'S beneficiary under this chapter, or may collect the amount in any other manner provided by law.

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 job and family 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) THE SYSTEM SHALL COMPLY WITH ORDERS ISSUED UNDER SECTION 3105.87 of the Revised Code.

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, 3115.32, 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 THIS CHAPTER OR sections 3105.171, 3105.65, 3111.23, 3113.21, and 3309.01 to 3309.68 3115.32 of the Revised Code.

Sec. 3309.671. (A) AS USED IN THIS SECTION, "ALTERNATE PAYEE," "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. 3309.70. If a PERSON WHO IS A member, former member, contributor, former contributor, retirant, or beneficiary, OR ALTERNATE PAYEE, AS DEFINED IN SECTION 3105.80 of the Revised Code, is paid any benefit OR PAYMENT by the school employees retirement system to which he THE PERSON is not entitled, the benefit shall be repaid to the retirement system by him THE PERSON. If he THE PERSON fails to make the repayment, the retirement system shall withhold the amount due from any benefit due him THE PERSON or his THE PERSON'S beneficiary under this chapter, or may collect the amount in any other manner provided by law.

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 job and family 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) THE SYSTEM SHALL COMPLY WITH ORDERS ISSUED UNDER SECTION 3105.87 of the Revised Code.

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, 3115.32, 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, "ALTERNATE PAYEE," "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.

Sec. 5505.34. AS USED IN THIS SECTION, "ALTERNATE PAYEE," "BENEFIT," AND "LUMP SUM PAYMENT" HAVE THE SAME MEANINGS AS IN SECTION 3105.80 of the Revised Code.

IF A PERSON WHO IS AN ALTERNATE PAYEE IS PAID ANY AMOUNT FROM A BENEFIT OR LUMP SUM PAYMENT UNDER AN ORDER ISSUED UNDER SECTION 3105.171 OR 3105.65 of the Revised Code BY THE STATE HIGHWAY PATROL RETIREMENT SYSTEM TO WHICH THE PERSON IS NOT ENTITLED, THE PERSON SHALL REPAY THE RETIREMENT SYSTEM. IF THE PERSON FAILS TO REPAY, THE RETIREMENT SYSTEM SHALL WITHHOLD THE AMOUNT DUE FROM ANY PAYMENT DUE THE PERSON UNDER THE ORDER OR MAY COLLECT THE AMOUNT IN ANY OTHER MANNER PROVIDED BY LAW.


Section 2. That existing sections 145.27, 145.56, 145.563, 742.41, 742.47, 3305.08, 3307.21, 3307.71, 3307.751, 3309.22, 3309.66, 3309.70, 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 or modified as authorized under section 3105.89 of the Revised Code on or after the act's effective date.


Section 5. Sections 1, 2, 3, and 4 of this act shall take effect one year after the effective date of this section.
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