130th Ohio General Assembly
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Sub. H. B. No. 8  As Passed by the House
As Passed by the House

127th General Assembly
Regular Session
2007-2008
Sub. H. B. No. 8


Representative Hagan, R. 

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:
(1) The offender;
(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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