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Sub. H. B. No. 8 As Passed by the HouseAs Passed by the House
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Hite, Skindell, Lundy, Driehaus, Domenick, Stewart, D., Bacon, Blessing, Bolon, Book, Boyd, Brady, Brown, Bubp, Budish, DeBose, DeGeeter, Dodd, Dyer, Fende, Flowers, Foley, Gerberry, Goyal, Harwood, Hottinger, Huffman, Hughes, Koziura, Latta, Letson, Luckie, Mallory, Mandel, Miller, Okey, Otterman, Patton, Raussen, Sayre, Schneider, Strahorn, Uecker, Ujvagi, Widowfield, Williams, B., Yuko, Zehringer
A BILL
To amend sections 145.27, 145.56, 145.82, 145.95, 742.41, 742.47, 3305.07, 3305.20, 3307.20, 3307.41, 3309.22, 3309.66, 3309.82, 3309.95, 5505.04, and 5505.22 and to enact sections 145.572, 742.463, 2901.43, 3305.11, 3307.372, 3309.672, and 5505.262 of the Revised Code to provide that a member of a state retirement system, on conviction of a felony committed in the course of official duties, will forfeit the portion of any state retirement benefit that is based on employer contributions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 145.27, 145.56, 145.82, 145.95, 742.41, 742.47, 3305.07, 3305.20, 3307.20, 3307.41, 3309.22, 3309.66, 3309.82, 3309.95, 5505.04, and 5505.22 be amended and sections 145.572, 742.463, 2901.43, 3305.11, 3307.372, 3309.672, and 5505.262 of the Revised Code be enacted to read as follows:
Sec. 145.27. (A)(1) As used in this division, "personal
history record"
means information maintained by the public
employees retirement 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
public employees
retirement system,
or other information the board
determines to be confidential.
(2) The records of the board shall be open to public
inspection, except
that the following 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.
(B) All medical reports and recommendations required by
this
chapter 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.
(C) 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.
(D) Notwithstanding the exceptions to public inspection in
division (A)(2) of this section, the board may furnish the
following information:
(1)(a) 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.
(b) If a sentencing court requests confirmation of an individual's membership status in the retirement system pursuant to section 2901.43 of the Revised Code, the retirement system shall furnish the sentencing court with the information requested from the individual's personal history record.
(2) Pursuant to a court or administrative order issued
pursuant to Chapter 3119., 3121., 3123., or 3125. 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 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.
(6) At the request of any person, the board shall make available to the person copies of all documents, including resumes, in the board's possession regarding filling a vacancy of an employee member or retirant member of the board. The person who made the request shall pay the cost of compiling, copying, and mailing the documents. The information described in this division is a public record.
(E) A statement that contains information obtained from
the
system's records that is signed by the executive director or an
officer of
the 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 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 individual,
under this chapter, or
under any
municipal retirement system established subject to
this
chapter
under the
laws of this state or any charter, the various funds
created by
this chapter, or under such
municipal retirement
system, and all moneys,
investments, and
income 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, 145.572, 3105.171, 3105.65,
and
3115.32
and Chapters 3119., 3121., 3123., and 3125. of
the
Revised
Code, shall not be subject to execution, garnishment,
attachment,
the operation of bankruptcy or insolvency laws,
or
other process
of law whatsoever, and shall be unassignable except
as
specifically provided in this chapter and
sections 3105.171,
3105.65, and 3115.32
and Chapters 3119., 3121.,
3123., and 3125.
of the Revised Code.
Sec. 145.572. (A) As used in this section, "accumulated contributions" has the same meaning as in section 145.01 of the Revised Code, but also includes employee contributions made under section 145.85 of the Revised Code and any earnings on those contributions.
(B)(1) Except as provided in division (B)(2) of this section, any payment that is to be made under a pension, annuity, allowance, or other type of benefit that has been granted to a person under this chapter shall be subject to any forfeiture order issued pursuant to section 2901.43 of the Revised Code to the extent that the pension, annuity, allowance, or benefit has not vested in accordance with section 145.561 of the Revised Code, the plan document for a PERS defined contribution plan, or federal law.
(2) Notwithstanding any provision of this chapter, a forfeiture order does not affect any of the following:
(a) A person's right to payment of accumulated contributions standing to the person's credit under this chapter;
(b) Any portion of a retirement allowance or payment of accumulated contributions that is subject to withholding under section 145.57 of the Revised Code for the purpose of an order issued under section 2907.15 or 2921.41 of the Revised Code;
(c) Any portion of a retirement allowance or payment of accumulated contributions that is subject to withholding under section 145.571 of the Revised Code for the purpose of an order issued under section 3105.171 or 3105.65 of the Revised Code;
(d) Eligibility of a public employees retirement system member or the member's spouse or qualified dependents, as appropriate, to receive hospital insurance coverage pursuant to section 145.325 of the Revised Code, health care coverage pursuant to section 145.58 of the Revised Code, or long-term care insurance pursuant to section 145.581 of the Revised Code;
(e) Payment of a survivor benefit to a member's spouse, beneficiaries, or qualified dependents under section 145.45, 145.46, or 145.92 of the Revised Code.
(C) The public employees retirement system shall comply with a forfeiture order issued under division (B) of section 2901.43 of the Revised Code at the following times as appropriate:
(1) If the offender has applied for, but is not yet receiving a retirement allowance or disability benefit, as soon as practicable;
(2) If the offender has applied for, but has not yet received a payment of accumulated contributions, as soon as practicable;
(3) If the offender has not applied for a retirement allowance, disability benefit, or payment of accumulated contributions, on application by the offender for a retirement allowance, disability benefit, or payment of accumulated contributions.
(D) The public employees retirement board shall adopt rules as necessary to implement this section.
Sec. 145.82. (A) Except as provided in
divisions
(B)
and
(C)
of
this
section, sections 145.201 to 145.70 of the
Revised
Code do
not
apply to
a
PERS defined contribution plan, except that
a
PERS defined contribution plan may
incorporate provisions of
those sections
as specified in the plan document.
(B) The following sections of Chapter 145. of the
Revised
Code
apply to
a
PERS defined contribution plan: 145.22, 145.221,
145.23,
145.25, 145.26, 145.27, 145.296,
145.38, 145.382,
145.383,
145.384, 145.391, 145.47,
145.48, 145.483,
145.51, 145.52, 145.53, 145.54,
145.55, 145.56,
145.563, 145.57,
145.571, 145.572,
145.69,
and 145.70 of
the Revised Code.
(C) A PERS defined contribution plan that includes definitely
determinable benefits may incorporate by
reference all or part of
sections 145.201 to 145.79 of the Revised
Code to allow a member
participating in the plan to purchase
service credit or to be
eligible for any of the following:
(1) Retirement, disability, survivor, or death benefits;
(2) Health or long-term care insurance or any other type of
health care benefit;
(3) Additional increases under section 145.323 of the
Revised
Code;
(4) A refund of contributions made by or on behalf of a
member.
With respect to the benefits described in division (C)(1) of
this section, the public employees retirement board may establish
eligibility requirements and benefit formulas or amounts that
differ from those of members participating in the PERS defined
benefit plan. With respect to the purchase of service credit by a
member participating in a PERS defined contribution plan, the
board may reduce the cost of the service credit to reflect the
different benefit formula established for the member.
Sec. 145.95. Subject to sections 145.38, 145.56, and 145.57, and 145.572
of the
Revised
Code, the right of a member participating in
a
PERS
defined contribution plan
to any payment or
benefit
accruing from
contributions
made by or on behalf of the member under
sections
145.85 and
145.86 of the Revised Code shall vest in
accordance
with this
section.
A member's right to any payment or benefit that is based on
the
member's contributions is nonforfeitable.
A member's right to any payment or benefit that is based on
contributions by the member's employer is nonforfeitable as
specified by
the plan selected by the member.
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 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 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 fund may furnish the
following
information:
(1)(a) 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
fund
shall
furnish to the prosecutor the information requested from
the
individual's personal history record.
(b) If a sentencing court requests confirmation of an individual's membership status in the fund pursuant to section 2901.43 of the Revised Code, the fund shall furnish the sentencing court with the information requested from the individual's personal history record.
(2) Pursuant to a court order issued pursuant to Chapter
3119., 3121., 3123., or 3125.
of the Revised Code, the 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 fund shall
provide a list of the names
and addresses of members of the fund
and other system retirants.
The 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 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 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.
(6) At the request of any person, the fund shall make available to the person copies of all documents, including resumes, in the fund's possession regarding filling a vacancy of a police officer employee member, firefighter employee member, police retirant member, or firefighter retirant member of the board of trustees. The person who made the request shall pay the cost of compiling, copying, and mailing the documents. The information described in this division is a public record.
(F) A statement that contains information obtained from
the
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 fund's records
to which the signature and seal
are
attached, shall be received as
true copies of the fund's
records
in any court or before any
officer of this state.
Sec. 742.463. (A) As used in this section, "accumulated contributions" means the amount payable to a member under division (G) of section 742.37 of the Revised Code.
(B)(1) Except as provided in division (B)(2) of this section, any payment that is to be made under a pension or other type of benefit that has been granted to a person under this chapter shall be subject to any forfeiture order issued pursuant to section 2901.43 of the Revised Code to the extent that the pension, annuity, allowance, or benefit has not vested in accordance with section 742.46 of the Revised Code or federal law.
(2) Notwithstanding any provision of this chapter, a forfeiture order does not affect any of the following:
(a) A person's right to payment of accumulated contributions standing to the person's credit under this chapter;
(b) Any portion of a pension or payment of accumulated contributions that is subject to withholding under section 742.461 of the Revised Code for the purpose of an order issued under section 2907.15 or 2921.41 of the Revised Code;
(c) Any portion of a pension or payment of accumulated contributions that is subject to withholding under section 742.462 of the Revised Code for the purpose of an order issued under section 3105.171 or 3105.65 of the Revised Code;
(d) Eligibility of an Ohio police and fire pension fund member or the member's spouse or qualified dependents, as appropriate, to receive health care coverage pursuant to section 742.45 of the Revised Code or long-term care insurance pursuant to section 742.53 of the Revised Code;
(e) Payment of a survivor benefit to a member's spouse, beneficiaries, or qualified dependents under section 742.37, 742.3711, 742.3714, or 742.3715 of the Revised Code.
(C) The Ohio police and fire pension fund shall comply with a forfeiture order issued under division (B) of section 2901.43 of the Revised Code at the following times as appropriate:
(1) If the offender has applied for, but is not yet receiving a pension or disability benefit, as soon as practicable;
(2) If the offender has applied for, but has not yet received a payment of accumulated contributions, as soon as practicable;
(3) If the offender has not applied for a pension, disability benefit, or payment of accumulated contributions, on application by the offender for a retirement allowance, disability benefit, or payment of accumulated contributions.
(D) The Ohio police and fire pension fund board of trustees shall adopt rules as necessary to implement this section.
Sec. 742.47. Except as provided in
section
sections 742.461, 742.463,
3105.171,
3105.65,, and 3115.32
and Chapters 3119., 3121., 3123.,
and 3125.
of
the Revised
Code, sums of money due or to become due
to any
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
those sums remain with the treasurer of the fund or any
officer or
agent of the
board of trustees of the fund or are in
the course
of
transmission to the
individual entitled to them,
but
shall
inure wholly to the benefit of that
individual.
Sec. 2901.43. (A) As used in this section:
(1) "Alternative retirement plan" means an alternative retirement plan provided pursuant to Chapter 3305. of the Revised Code.
(2) "Designated offense" means a felony violation of section 2905.11, 2921.02, 2921.11, 2921.32, 2921.41, 2921.42, or 2923.32 of the Revised Code, or a felony violation of section 2923.01 or 2923.02 of the Revised Code based on a felony violation of section 2905.11, 2921.02, 2921.11, 2921.32, 2921.41, 2921.42, or 2923.32 of the Revised Code.
(3) "Pension" means the portion of a retirement allowance that is derived from contributions made to a public retirement system or alternative retirement plan by an employer and earnings on those contributions.
(4) "Public employment" means service as an employee of an employer that is subject to a public retirement system or an alternative retirement system.
(5) "Public retirement system" means the public employees retirement system, Ohio police and fire pension fund, state teachers retirement system, school employees retirement system, state highway patrol retirement system, or the city of Cincinnati retirement system.
(B)(1) Subject to division (D) of this section, in sentencing an offender for a designated offense committed on or after the effective date of this section, the sentencing court shall do all of the following:
(a) Determine whether the offender committed the designated offense while engaged in the performance of duties related to public employment;
(b) Determine whether the offender is a member of a public retirement system or a participant in an alternative retirement plan;
(c) If the offender committed the designated offense while engaged in the performance of duties related to public employment and is a member of a public retirement system or participant in an alternative retirement plan, order, in addition to any other sanction ordered for a designated offense, the forfeiture to the public retirement system or alternative retirement plan of the offender's right to a disability benefit or the pension portion of a retirement allowance to the extent that, on the date the member pleads guilty or is convicted of the offense, the benefit or allowance has not vested in accordance with section 145.561, 742.46, 3307.42, 3309.661, or 5505.17 of the Revised Code; the plan document for a PERS defined contribution plan, an STRS defined contribution plan, an SERS defined contribution plan; an alternative retirement plan; or federal law;
(d) Send a copy of the journal entry imposing the sentence on the offender to the public retirement system or alternative retirement plan in which the offender is a member or participant.
(2) For purposes of this section, a designated offense that includes as an element a course of conduct or the occurrence of multiple acts is considered to have been "committed on or after the effective date of this section" if the course of conduct continues, one or more of the multiple acts occurs, or the offender's accountability for the course of conduct or for one or more of the multiple acts continues on or after the effective date of this section.
(3) For purposes of division (B)(1)(a) or (b) of this section, the court may request confirmation from a public retirement system or alternative retirement plan of an individual's status in the system or plan in accordance with section 145.27, 742.41, 3305.20, 3307.20, 3309.22, or 5505.04 of the Revised Code.
(C) A forfeiture ordered under this section is part of, and shall be included in, the sentence of the offender.
(D) In any case in which a sentencing court is required to order forfeiture of an offender's right to the pension portion of a retirement allowance, the offender may request a hearing regarding the forfeiture by delivering to the court prior to sentencing a written request for a hearing. If the offender requests the hearing prior to sentencing, the court shall conduct the hearing before sentencing. The court shall notify all of the following of the hearing:
(2) The prosecutor who handled the case in which the offender was convicted of or pleaded guilty to the designated offense for which the forfeiture order was imposed;
(3) The retirement system or alternative retirement plan in which the offender is a member or participant or, if the offender is a member of or participant in more than one system or plan, the applicable combination of these.
A hearing scheduled under this division shall be limited to a consideration of whether there is good cause based on evidence presented by the offender for the forfeiture order not to be issued. If the court determines by evidence presented by the offender that there is good cause for the forfeiture order not to be issued, the court shall not issue the forfeiture order.
If the offender does not request a hearing prior to sentencing or if the court conducts a hearing but does not determine based on evidence presented by the offender that there is good cause for the forfeiture order not to be issued, the court shall order the forfeiture described in division (B) in accordance with that division.
Sec. 3305.07. (A) Neither the state nor a public
institution of
higher
education shall be a party to any contract
purchased in whole or in part with
contributions to an alternative
retirement plan made under section 3305.06
of the Revised Code.
No retirement, death, or other benefits shall be payable
by the
state
or by any public institution of higher education under any
alternative
retirement plan elected pursuant to this chapter.
(B)(1) Except as provided under
division (B)(2) of this
section and sections 3305.08 and,
3305.09, and 3305.11 of the Revised Code,
benefits shall be paid
to an electing
employee or the employee's
beneficiaries in accordance with the
alternative retirement
plan
adopted by the public institution of higher education at which the
employee is employed.
(2) A benefit or payment shall not be paid under an
investment option prior to the time an electing employee dies,
terminates
employment with the public institution of higher
education, or, if provided
under the alternative retirement plan
or
investment option, becomes disabled, except that the provider
of the
investment option shall transfer the employee's account
balance to another
provider as provided under
section 3305.053 of the
Revised Code.
Sec. 3305.11. (A) As used in this section, "accumulated contributions" means the amounts contributed to an alternative retirement plan participant's account by the plan participant pursuant to section 3305.06 of the Revised Code and any earnings on those contributions.
(B)(1) Except as provided in division (A)(2) of this section, any payment of a benefit that is to be made under an alternative retirement plan that has been granted to a person under this chapter shall be subject to any forfeiture order issued pursuant to section 2901.43 of the Revised Code to the extent that the benefit has not vested in accordance with the plan document for the alternative retirement plan in which the person subject to the forfeiture order is participating, or federal law.
(2) Notwithstanding any provision of this chapter, a forfeiture order does not affect any of the following:
(a) A person's right to payment of accumulated contributions standing to the person's credit under this chapter;
(b) Any portion of a benefit or payment of accumulated contributions that is subject to withholding under section 3305.09 of the Revised Code for the purpose of an order issued under section 2907.15 or 2921.41 of the Revised Code;
(c) Any portion of a benefit or payment of accumulated contributions that is subject to withholding under section 3305.21 of the Revised Code for the purpose of an order issued under section 3105.171 or 3105.65 of the Revised Code;
(d) Eligibility of a participant or the participant's spouse or qualified dependents to receive health care coverage or long-term care insurance if the participant's alternative retirement plan provides such coverage;
(e) Payment of a survivor benefit to a participant's spouse, beneficiaries, or qualified dependents, if the participant's alternative retirement plan provides such benefits.
(C) The provider of an alternative retirement plan shall comply with a forfeiture order issued under division (B) of section 2901.43 of the Revised Code at the following times as appropriate:
(1) If the offender has applied for, but is not yet receiving a benefit, as soon as practicable;
(2) If the offender has applied for, but has not yet received a payment of accumulated contributions, as soon as practicable;
(3) If the offender has not applied for a benefit or payment of accumulated contributions, on application by the offender for a retirement allowance, disability benefit, or lump sum payment.
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.
If a sentencing court requests confirmation of an individual's status in an alternative retirement plan pursuant to section 2901.43 of the Revised Code, the entity providing the alternative retirement plan shall furnish the sentencing court with the information requested from the individual's personal history record.
Sec. 3307.20. (A) As used in this section:
(1) "Personal history record"
means information maintained
by the state teachers retirement 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
state teachers
retirement system,
or other information the board
determines to be confidential.
(2) "Retirant" has the same meaning as in section 3307.50 of
the Revised Code.
(B) 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:
(1) The individual's personal records provided for in
section 3307.23 of the Revised Code;
(2) The individual's personal history record;
(3) 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
3307.62, 3307.64, and
3307.66 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) of this section, the board may furnish the
following
information:
(1)(a) 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.
(b) If a sentencing court requests confirmation of an individual's membership status in the retirement system pursuant to section 2901.43 of the Revised Code, the retirement system shall furnish the sentencing court with the information requested from the individual's personal history record.
(2) Pursuant to a court or administrative order issued
under
section 3119.80, 3119.81, 3121.02, 3121.03, or 3123.06 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.
(6) At the request of any person, the board shall make available to the person copies of all documents, including resumes, in the board's possession regarding filling a vacancy of a contributing member or retired teacher member of the board. The person who made the request shall pay the cost of compiling, copying, and mailing the documents. The information described in this division is a public record.
(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. 3307.372. (A) As used in this section, "accumulated contributions" has the same meaning as in section 3307.50 of the Revised Code, but also includes employee contributions made under section 3307.26 of the Revised Code to participate in a plan established under section 3307.81 of the Revised Code and any earnings on those contributions.
(B)(1) Except as provided in division (B)(2) of this section, any payment that is to be made under a pension, annuity, allowance, or other type of benefit that has been granted to a person under this chapter shall be subject to any forfeiture order issued pursuant to section 2901.43 of the Revised Code to the extent that the pension, annuity, allowance, or benefit has not vested in accordance with section 3307.42 of the Revised Code, the plan document for an STRS defined contribution plan, or federal law.
(2) Notwithstanding any provision of this chapter, a forfeiture order does not affect any of the following:
(a) A person's right to payment of accumulated contributions standing to the person's credit under this chapter;
(b) Any portion of a retirement allowance or payment of accumulated contributions that is subject to withholding under section 3307.37 of the Revised Code for the purpose of an order issued under section 2907.15 or 2921.41 of the Revised Code;
(c) Any portion of a retirement allowance or payment of accumulated contributions that is subject to withholding under section 3307.371 of the Revised Code for the purpose of an order issued under section 3105.171 or 3105.65 of the Revised Code;
(d) Eligibility of a state teachers retirement system member or the member's spouse or qualified dependents, as appropriate, to receive health care coverage pursuant to section 3307.39 or 3307.61 of the Revised Code or long-term care insurance pursuant to section 3307.391 of the Revised Code;
(e) Payment of a survivor benefit to a member's spouse, beneficiaries, or qualified dependents under section 3307.60, 3307.66, 3307.661, or 3307.87 of the Revised Code.
(C) The state teachers retirement system shall comply with a forfeiture order issued under division (B) of section 2901.43 of the Revised Code at the following times as appropriate:
(1) If the offender has applied for, but is not yet receiving a retirement allowance or disability benefit, as soon as practicable;
(2) If the offender has applied for, but has not yet received a payment of accumulated contributions, as soon as practicable;
(3) If the offender has not applied for a retirement allowance, disability benefit, or payment of accumulated contributions, on application by the offender for a retirement allowance, disability benefit, or payment of accumulated contributions.
(D) The state teachers retirement board shall adopt rules as necessary to implement this section.
Sec. 3307.41. The right of an individual to a
pension, an
annuity, or a
retirement
allowance itself, the right of an
individual to any optional benefit,
or any other right or
benefit
accrued or accruing to
any individual under
this chapter,
the
various
funds created by section 3307.14 of the Revised Code,
and
all moneys,
investments, and income 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,
3115.32, 3119.80,
3119.81, 3121.02, 3121.03, 3123.06,
and 3307.37, and 3307.372 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,,, and 3115.32, 3119.80, 3119.81, 3121.02, 3121.03,
and
3123.06
of the
Revised Code.
Sec. 3309.22. (A)(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.
(B) 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.
(C) 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.
(D) Notwithstanding the exceptions to public inspection in
division (A)(2) of this section, the board may furnish the
following information:
(1)(a) 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.
(b) If a sentencing court requests confirmation of an individual's membership status in the retirement system pursuant to section 2901.43 of the Revised Code, the retirement system shall furnish the sentencing court with the information requested from the individual's personal history record.
(2) Pursuant to a court or administrative order issued
under
section 3119.80, 3119.81, 3121.02, 3121.03, or 3123.06 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.
(6) At the request of any person, the board shall make available to the person copies of all documents, including resumes, in the board's possession regarding filling a vacancy of an employee member or retirant member of the board. The person who made the request shall pay the cost of compiling, copying, and mailing the documents. The information described in this division is a public record.
(E) 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 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 individual under this
chapter, the various
funds
created by section 3309.60
of the
Revised Code, and
all
moneys,
investments, and income 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,
3115.32, 3119.80, 3119.81, 3121.02,
3121.03,
3123.06, and 3309.67, and 3309.672 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
and in sections
and 3105.171,
3105.65,
3115.32, 3119.80, 3119.81, 3121.02, 3121.03,
and 3123.06
of
the
Revised Code.
Sec. 3309.672. (A) As used in this section, "accumulated contributions" has the same meaning as in section 3309.01 of the Revised Code, but also includes employee contributions made under section 3309.85 of the Revised Code and any earnings on those contributions.
(B)(1) Except as provided in division (B)(2) of this section, any payment that is to be made under a pension, annuity, allowance, or other type of benefit that has been granted to a person under this chapter shall be subject to any forfeiture order issued pursuant to section 2901.43 of the Revised Code to the extent that the pension, annuity, allowance, or benefit has not vested in accordance with section 3309.661 of the Revised Code, the plan document for an SERS defined contribution plan, or federal law.
(2) Notwithstanding any provision of this chapter, a forfeiture order does not affect any of the following:
(a) A person's right to payment of accumulated contributions standing to the person's credit under this chapter;
(b) Any portion of a retirement allowance or payment of accumulated contributions that is subject to withholding under section 3309.67 of the Revised Code for the purpose of an order issued under section 2907.15 or 2921.41 of the Revised Code;
(c) Any portion of a retirement allowance or payment of accumulated contributions that is subject to withholding under section 3309.671 of the Revised Code for the purpose of an order issued under section 3105.171 or 3105.65 of the Revised Code;
(d) Eligibility of a school employees retirement system member or the member's spouse or qualified dependents, as appropriate, to receive hospital insurance coverage pursuant to section 3309.375 of the Revised Code, health care coverage pursuant to section 3309.69 of the Revised Code, or long-term care insurance pursuant to section 3309.691 of the Revised Code;
(e) Payment of a survivor benefit to a member's spouse, beneficiaries, or qualified dependents under section 3309.44, 3309.45, 3309.46, or 3309.92 of the Revised Code.
(C) The school employees retirement system shall comply with a forfeiture order issued under division (B) of section 2901.43 of the Revised Code at the following times as appropriate:
(1) If the offender has applied for, but is not yet receiving a retirement allowance or disability benefit, as soon as practicable;
(2) If the offender has applied for, but has not yet received a payment of accumulated contributions, as soon as practicable;
(3) If the offender has not applied for a retirement allowance, disability benefit, or payment of accumulated contributions, on application by the offender for a retirement allowance, disability benefit, or payment of accumulated contributions.
(D) The school employees retirement board shall adopt rules as necessary to implement this section.
Sec. 3309.82. (A) Except as provided in division (B) of
this
section, sections 3309.02, 3309.021, and 3309.022 and
sections 3309.18 to
3309.70 of the Revised Code do
not
apply to a
plan established under section 3309.81 of the Revised
Code, except
that a plan may
incorporate provisions of those sections
as
specified in the plan document.
(B) The following sections of Chapter 3309. of the
Revised
Code
apply to a plan established under section 3309.81 of the
Revised
Code:
sections 3309.19, 3309.21, 3309.22, 3309.23,
3309.24, 3309.25, 3309.251,
3309.252, 3309.253, 3309.28, 3309.29,
3309.341, 3309.3712, 3309.47, 3309.471, 3309.49, 3309.51, 3309.53,
3309.54, 3309.55, 3309.56, 3309.57, 3309.571, 3309.58, 3309.59,
3309.60, 3309.61, 3309.62, 3309.66, 3309.661, 3309.67, 3309.672, 3309.68,
and 3309.70
of the Revised Code.
Sec. 3309.95. Subject to sections 3309.341, 3309.66, and
3309.67, and 3309.672 of the
Revised
Code, the right of a member participating
in a plan established
under section 3309.81 of the Revised Code to
any payment or
benefit
accruing from contributions made by or on
behalf of the member under
sections 3309.85 and 3309.86 of the
Revised Code shall vest
in
accordance with this section.
A member's right to any payment or benefit that is based on
the
member's contributions is nonforfeitable.
A member's right to any payment or benefit that is based on
contributions by the member's employer is nonforfeitable as
specified by
the plan selected by the member.
Sec. 5505.04. (A)(1) 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 following members:
(a) The
superintendent of the state highway patrol;
(b) Two retirant members who
reside in this state;
(c) Five employee-members;
(d) One member, known as the treasurer of state's investment designee, who shall be appointed by the treasurer of state for a term of four years and who shall have the following qualifications:
(i) The member is a resident of this state.
(ii) Within the three years immediately preceding the appointment, the member has not been employed by the public employees retirement system, police and fire pension fund, state teachers retirement system, school employees retirement system, or state highway patrol retirement system or by any person, partnership, or corporation that has provided to one of those retirement systems services of a financial or investment nature, including the management, analysis, supervision, or investment of assets.
(iii) The member has direct experience in the management, analysis, supervision, or investment of assets.
(iv) The member is not currently employed by the state or a political subdivision of the state.
(e) Two investment expert members, who shall be appointed to four-year terms. One investment expert member shall be appointed by the governor, and one investment expert member shall be jointly appointed by the speaker of the house of representatives and the president of the senate. Each investment expert member shall have the following qualifications:
(i) Each investment expert member shall be a resident of this state.
(ii) Within the three years immediately preceding the appointment, each investment expert member shall not have been employed by the public employees retirement system, police and fire pension fund, state teachers retirement system, school employees retirement system, or state highway patrol retirement system or by any person, partnership, or corporation that has provided to one of those retirement systems services of a financial or investment nature, including the management, analysis, supervision, or investment of assets.
(iii) Each investment expert member shall have direct experience in the management, analysis, supervision, or investment of assets.
(2) 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 a majority of the members of the board.
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.
(3) Any investment expert member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed holds office until the end of such term. The member continues in office subsequent to the expiration date of the member's term until the member's successor takes office, or until a period of sixty days has elapsed, whichever occurs first.
(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)(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.
(D) Notwithstanding the exceptions to public inspection in
division (C)(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 Chapters 3119.,
3121., and 3123.
of the Revised Code, the board shall furnish to a
court or child
support enforcement agency the information required
under those chapters.
(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.
(a) 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.
(b) If a sentencing court requests confirmation of an individual's membership status in the retirement system pursuant to section 2901.43 of the Revised Code, the retirement system shall furnish the sentencing court with the information requested from the individual's personal history record.
(6) At the request of any person, the board shall make available to the person copies of all documents, including resumes, in the board's possession regarding filling a vacancy of an employee member or retirant member of the board. The person who made the request shall pay the cost of compiling, copying, and mailing the documents. The information described in this division is a public record.
(E) 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 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
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, 3115.32,
3119.80,
3119.81, 3121.02, 3121.03, 3123.06, and
5505.26, and 5505.262
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. 5505.262. (A)(1) Except as provided in division (A)(2) of this section, any payment that is to be made under a pension, annuity, allowance, or other type of benefit that has been granted to a person under this chapter shall be subject to any forfeiture order issued pursuant to section 2901.43 of the Revised Code to the extent that the pension, annuity, allowance, or benefit has not vested in accordance with section 5505.17 of the Revised Code or federal law.
(2) Notwithstanding any provision of this chapter, a forfeiture order does not affect any of the following:
(a) A person's right to payment of accumulated contributions standing to the person's credit under this chapter;
(b) Any portion of a retirement allowance or payment of accumulated contributions that is subject to withholding under section 5505.26 of the Revised Code for the purpose of an order issued under section 2907.15 or 2921.41 of the Revised Code;
(c) Any portion of a retirement allowance or payment of accumulated contributions that is subject to withholding under section 5505.261 of the Revised Code for the purpose of an order issued under section 3105.171 or 3105.65 of the Revised Code;
(d) Eligibility of a state highway patrol retirement system member or the member's spouse or qualified dependents, as appropriate, to receive health care coverage pursuant to section 5505.28 of the Revised Code, benefits or proceeds from an account established under section 5505.281 of the Revised Code, or long-term care insurance pursuant to section 5505.33 of the Revised Code;
(e) Payment of a survivor benefit to a member's spouse, beneficiaries, or qualified dependents under section 5505.162, 5505.163, or 5505.174 of the Revised Code.
(B) The state highway patrol retirement system shall comply with a forfeiture order issued under division (B) of section 2901.43 of the Revised Code at the following times as appropriate:
(1) If the offender has applied for, but is not yet receiving a retirement allowance or disability benefit, as soon as practicable;
(2) If the offender has applied for, but has not yet received a payment of accumulated contributions, as soon as practicable;
(3) If the offender has not applied for a retirement allowance, disability benefit, or payment of accumulated contributions, on application by the offender for a retirement allowance, disability benefit, or payment of accumulated contributions.
(C) The state highway patrol retirement board shall adopt rules as necessary to implement this section.
Section 2. That existing sections 145.27, 145.56, 145.82, 145.95, 742.41, 742.47, 3305.07, 3305.20, 3307.20, 3307.41, 3309.22, 3309.66, 3309.82, 3309.95, 5505.04, and 5505.22 of the Revised Code are hereby repealed.
Section 3. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the following sections, presented in this act as composites of the sections as amended by the acts indicated, are the resulting versions of the sections in effect prior to the effective date of the sections as presented in this act:
Section 742.47 of the Revised Code as amended by both Sub. H.B. 535 and Am. Sub. S.B. 180 of the 123rd General Assembly.
Section 3307.41 of the Revised Code as amended by both Sub. H.B. 535 and Am. Sub. S.B. 180 of the 123rd General Assembly.
Section 3309.66 of the Revised Code as amended by Sub. H.B. 535, Am. Sub. S.B. 180, and Sub. S.B. 270 of the 123rd General Assembly.
Section 5505.22 of the Revised Code as amended by both Sub. H.B. 535 and Am. Sub. S.B. 180 of the 123rd General Assembly.
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