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(127th General Assembly)
(Substitute Senate Bill Number 3)
AN ACT
To amend sections 145.27, 145.40, 145.56, 145.82,
145.95, 742.37,
742.41, 742.47, 2329.66, 2967.16,
2967.17,
3305.07, 3307.20, 3307.41, 3307.56,
3309.22, 3309.42, 3309.66,
3309.82, 3309.95,
5505.04, 5505.19, and 5505.22 and to
enact
sections 101.721, 101.921, 121.621, 145.572,
742.463, 2901.43, 2929.192, 3305.11, 3307.372,
3309.672, and 5505.262 of the Revised Code and to
amend Section 305.10 of Am. Sub. H.B. 119 of the
127th General Assembly to
provide that the
privilege of holding a position
of honor, trust,
or profit that is forfeited by
reason of
conviction of certain felonies is not
restored on
completion of a prison term, period of
community
control sanctions or pardon or release
by the
Adult Parole Authority; to impose as part
of the
sentence of a person convicted of certain
felonies committed while serving in such a
position the forfeiture of the portion of any
public retirement benefit that is based on
employer contributions; to require that a person
subject to a forfeiture order who is eligible to
retire obtain spousal consent for a refund of
employee contributions; to provide for the
notification of the appropriate public retirement
system if a member is charged with one of the
felonies that could result in such a forfeiture;
and to impose a lifetime ban against serving as,
the termination of any current registration
of, a
legislative agent, retirement system
lobbyist, or
executive agency lobbyist upon a
person convicted
of certain felonies; to
authorize the Inspector
General to conduct an investigation of
alleged
misconduct in the Office of the Attorney General;
to make
an appropriation of money; and to declare
an emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 145.27, 145.40, 145.56, 145.82,
145.95, 742.37,
742.41, 742.47, 2329.66, 2967.16, 2967.17,
3305.07, 3307.20,
3307.41, 3307.56, 3309.22, 3309.42, 3309.66,
3309.82, 3309.95, 5505.04, 5505.19, and 5505.22
be amended and
sections
101.721, 101.921, 121.621, 145.572,
742.463, 2901.43,
2929.192,
3305.11, 3307.372, 3309.672, and
5505.262 of the
Revised Code be
enacted to read as follows:
Sec. 101.721. (A) No person shall be permitted to register as
a legislative agent under division (A) or (B) of section 101.72 of
the Revised Code if the person is convicted of or pleads guilty to
committing on or after the effective date of this section any of
the following offenses that is a felony:
(1) A violation of section 2921.02, 2921.03, 2921.05,
2921.41, 2921.42, or 2923.32 of the Revised Code;
(2) A violation of section 2913.42, 2921.04, 2921.11,
2921.12, 2921.31, or 2921.32 of the Revised Code if the person
committed the violation while the person was serving in a public
office and the conduct constituting the violation was related to
the duties of the person's public office or to the person's
actions as a public official holding that public office;
(3) A violation of an existing or former municipal ordinance
or law of this or any other state or the United States that is
substantially equivalent to any violation listed in division
(A)(1) of this section;
(4) A violation of an existing or former municipal ordinance
or law of this or any other state or the United States that is
substantially equivalent to any violation listed in division
(A)(2) of this section if the person committed the violation while
the person was serving in a public office and the conduct
constituting the violation was related to the duties of the
person's public office or to the person's actions as a public
official holding that public office;
(5) A conspiracy to commit, attempt to commit, or complicity
in committing any violation listed in division (A)(1) or described
in division (A)(3) of this section;
(6) A conspiracy to commit, attempt to commit, or complicity
in committing any violation listed in division (A)(2) or described
in division (A)(4) of this section if the person committed the
violation while the person was serving in a public office and the
conduct constituting the violation that was the subject of the
conspiracy, that would have constituted the offense attempted, or
constituting the violation in which the person was complicit was
or would have been related to the duties of the person's public
office or to the person's actions as a public official holding
that public office.
(B) If a legislative agent has registered with the joint
legislative ethics committee under division (A) or (B) of section
101.72 of the Revised Code and, on or after the effective date of
this section and during the period during which the registration
is valid, the legislative agent is convicted of or pleads guilty
to any felony offense listed or described in division (A)(1), (2),
(3), (4), (5), or (6) of this section in the circumstances
specified in the particular division, the joint legislative ethics
committee immediately upon becoming aware of the conviction or
guilty plea shall terminate the registration of the person as a
legislative agent, and, after the termination, the ban imposed
under division (A) of this section applies to the person.
(C) The ban imposed under division (A) of this section is a
lifetime ban, and the offender is forever disqualified from
registering as a legislative agent under section 101.72 of the
Revised Code.
(D) For purposes of divisions (A) and (B) of this section, a
violation of section 2923.32 of the Revised Code or any other
violation or offense that includes as an element a course of
conduct or the occurrence of multiple acts is "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 subject
person'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.
(E) As used in this section, "public office" means any
elected federal, state, or local government office in this state.
Sec. 101.921. (A) No person shall be permitted to register as
a retirement system lobbyist under division (A) or (B) of section
101.92 of the Revised Code if the person is convicted of or pleads
guilty to committing on or after the effective date of this
section any felony offense listed or described in divisions (A)(1)
to (6) of section 101.721 of the Revised Code in the circumstances
specified in the particular division.
(B) If a retirement system lobbyist has registered with the
joint legislative ethics committee under division (A) or (B) of
section 101.92 of the Revised Code, and, on or after the effective
date of this section and during the period during which the
registration is valid, the retirement system lobbyist is convicted
of or pleads guilty to any felony offense listed or described in
divisions (A)(1) to (6) of section 101.721 of the Revised Code in
the circumstances specified in the particular division, the joint
legislative ethics committee immediately upon becoming aware of
the conviction or guilty plea shall terminate the registration of
the person as a retirement system lobbyist, and, after the
termination, the ban imposed under division (A) of this section
applies to the person.
(C) The ban imposed under division (A) of this section is a
lifetime ban, and the offender is forever disqualified from
registering as a retirement system lobbyist under section 101.92
of the Revised Code.
(D) For purposes of divisions (A) and (B) of this section, a
violation of section 2923.32 of the Revised Code or any other
violation or offense that includes as an element a course of
conduct or the occurrence of multiple acts is "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 subject
person'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.
Sec. 121.621. (A) No person shall be permitted to register as
an executive agency lobbyist under division (A) or (B) of section
121.62 of the Revised Code if the person is convicted of or pleads
guilty to committing on or after the effective date of this
section any felony offense listed or described in divisions (A)(1)
to (6) of section 101.721 of the Revised Code in the circumstances
specified in the particular division.
(B) If an executive agency lobbyist has registered with the
joint legislative ethics committee under division (A) or (B) of
section 121.62 of the Revised Code and, on or after the effective
date of this section and during the period during which the
registration is valid, the executive agency lobbyist is convicted
of or pleads guilty to any felony offense listed or described in
divisions (A)(1) to (6) of section 101.721 of the Revised Code in
the circumstances specified in the particular division, the joint
legislative ethics committee immediately upon becoming aware of
the conviction or guilty plea shall terminate the registration of
the person as an executive agency lobbyist, and, after the
termination, the ban imposed under division (A) of this section
applies to the person.
(C) The ban imposed under divisions (A) and (B) of this
section is a lifetime ban, and the offender is forever
disqualified from registering as an executive agency lobbyist
under section 121.62 of the Revised Code.
(D) For purposes of divisions (A) and (B) of this section, a
violation of section 2923.32 of the Revised Code or any other
violation or offense that includes as an element a course of
conduct or the occurrence of multiple acts is "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 subject
person'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.
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) 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 an order issued under
division (A) or (B) of section 2929.192 of the Revised Code or is
convicted of or pleads
guilty to a
violation of section 2921.41 of
the Revised Code, on
written
request of a prosecutor as defined in
section 2935.01 of
the
Revised Code, the board shall furnish to
the prosecutor the
information requested from the individual's
personal history
record.
(2) Pursuant to a court or administrative order issued
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
(D)(6) of this section 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. 145.40. (A)(1) Subject to the provisions of section
145.57
of the Revised Code and except as provided in
section
145.402 of the Revised Code and division (B)
of this
section, if a
member elects to become exempt from
contribution to the public
employees retirement system pursuant
to
section 145.03 of the
Revised Code or ceases to be a public
employee for any cause other
than death, retirement, receipt
of a
disability benefit, or
current employment in a
position in which
the member has elected
to participate in an alternative
retirement
plan under section
3305.05 or 3305.051 of the Revised Code, upon application
the
public employees
retirement board shall pay the member the
member's accumulated
contributions, plus any applicable amount
calculated under
section 145.401 of the Revised Code, provided
that
both the
following apply:
(a) Three months have elapsed since the
member's
service
subject to this chapter,
other than service exempted from
contribution pursuant to
section
145.03 of the Revised Code, was
terminated;
(b) The member has not returned to
service
subject to
this
chapter, other
than service exempted from contribution
pursuant to
section
145.03
of the Revised Code, during that
three-month
period.
The payment of such accumulated contributions shall cancel
the total service credit of such member in the public employees
retirement system.
(2) A member described in division (A)(1) of this
section
who
is married at the time of application for payment and is
eligible
for age
and service retirement under section 145.32,
145.33,
145.331, or
145.34 of the Revised Code or would be eligible for
age and service retirement under any of those sections but for a
forfeiture ordered under division (A) or (B) of section 2929.192
of the Revised Code shall submit with
the application
a written
statement by the member's spouse
attesting that the spouse
consents
to the payment of the member's
accumulated
contributions.
Consent shall be valid only if it is
signed and witnessed
by a
notary public.
The board may waive the requirement of consent if the spouse
is
incapacitated or cannot be located, or for any other reason
specified by the
board. Consent or waiver is effective only with
regard to the spouse who is
the subject of the consent or waiver.
(B) This division applies to any member who is employed in a
position in
which the member has made an election under section
3305.05 or 3305.051 of the Revised Code and due to
the election
ceases to be a
public
employee for purposes of that position.
Subject to section 145.57 of the Revised Code, the public
employees
retirement system shall
do the following:
(1) On receipt of a certified copy of a form evidencing an
election under
section 3305.05 or 3305.051
of the Revised Code,
pay to the
appropriate provider, in
accordance with section
3305.052 of the
Revised Code, the amount described in
section
3305.052 of the
Revised Code;
(2) If a member has accumulated contributions, in addition
to
those subject to division (B)(1) of this section, standing to
the
credit of the member's individual account and is not otherwise
employed in a
position in which the member is considered a
public
employee for the purposes of that position,
pay, to the provider
the member selected pursuant to section
3305.05 or 3305.051 of the
Revised
Code, the member's accumulated
contributions. The payment
shall
be made on the
member's application.
(C) Payment of a member's accumulated contributions under
division (B) of this section cancels the member's total
service
credit in the public
employees retirement system.
A member whose
accumulated contributions are
paid to a
provider pursuant to
division (B) of this section is
forever barred from claiming or
purchasing service credit under the public
employees retirement
system for the period of
employment attributable to those
contributions.
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)(1) Notwithstanding any other provision of
this chapter, the following shall be subject to a forfeiture
ordered under division (A) or (B) of section 2929.192 of the
Revised Code:
(a) The right of a member to receive any payment under a
pension, annuity, allowance, or other type of benefit under this
chapter, other than a payment of the accumulated contributions
standing to the person's credit under this chapter;
(b) The right of a contributor to receive a benefit under
division (B) of section 145.384 of the Revised Code, other than a
payment of the person's contributions made under section 145.38 or
145.383 of the Revised Code.
(2) The public employees retirement system shall comply with
a forfeiture order issued under division (A) or (B) of section
2929.192 of the Revised Code at the time the member or contributor
applies for payment of the person's accumulated contributions.
Upon payment of the person's contributions and cancellation of any
corresponding service credit, a person who is subject to the
forfeiture order described in this division may not restore any
canceled service credit under this chapter or the provisions of
Chapter 742., 3305., 3307., 3309., or 5505. of the Revised Code.
(B) Notwithstanding any other provision of this chapter, if
the system receives notice pursuant to section 2901.43 of the
Revised Code that a person who has accumulated contributions
standing to the person's credit pursuant to this chapter is
charged with any offense or violation listed or described in
divisions (D)(1) to (3) of section 2929.192 of the Revised Code
that is a felony in the circumstances specified in the particular
division, all of the following apply:
(1) No payment of those accumulated contributions or of any
other amount or amounts to be paid to a person who is a
contributor under this chapter upon the person's withdrawal of
contributions pursuant to this chapter shall be made prior to
whichever of the following is applicable:
(a) If the person is convicted of or pleads guilty to the
charge and forfeiture is ordered under division (A) or (B) of
section 2929.192 of the Revised Code, the day on which the system
receives from the court a copy of the journal entry of the
offender's sentence under that section;
(b) If the charge against the person is dismissed, the person
is found not guilty of the charge, or the person is found not
guilty by reason of insanity of the charge, the day on which the
system receives notice of the final disposition of the charge.
(2) The system shall not process any application for payment
under this chapter from the person prior to the final disposition
of the charge.
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. 742.37. The board of trustees of the Ohio police and
fire pension fund shall
adopt rules for the
management of the fund
and for the disbursement of benefits and
pensions as set forth in
this
section and section 742.39 of the Revised Code. Any
payment
of a benefit
or pension under this section is subject to the
provisions of
section 742.461 of the Revised Code.
Notwithstanding
any other
provision of this section, no pension or
benefit paid or
determined under division (B) or (C) of this
section or section
742.39
of the Revised Code shall exceed
the
limit established by
section 415 of the
"Internal Revenue
Code of
1986," 100 Stat.
2085, 26 U.S.C.A. 415, as amended.
(A) Persons who were receiving benefit or pension payments
from a police relief and pension fund established under former
section 741.32 of the Revised Code, or from a firemen's relief and
pension
fund established under former
section 521.02 or
741.02 of
the Revised Code, at the time the assets of the
fund
were
transferred to the Ohio police and fire pension fund, known
at
that time as the police and firemen's disability and
pension fund,
shall receive benefit and pension payments from the
Ohio police
and
fire pension fund in
the same
amount and subject to the same
conditions as such payments
were
being made from the former fund
on the date of
the transfer.
(B) A member of the fund who, pursuant to law, elected to
receive benefits and pensions from a police relief and pension
fund established under former section 741.32 of the Revised
Code,
or from a firemen's relief and
pension fund established
under
former section 741.02 of the Revised Code, in accordance
with the
rules of the fund governing the granting of
benefits or
pensions
therefrom in force on April 1, 1947, shall receive
benefits and
pensions from the Ohio police and fire
pension
fund in accordance
with such rules; provided, that
any member of the fund who is not
receiving a benefit or pension
from the fund on August 12, 1975,
may, upon application for a
benefit or pension to be received on
or after August 12, 1975,
elect to receive a benefit or pension in
accordance with division
(C) of this section.
(C) Members of the fund who have not elected to receive
benefits and pensions from a police relief and pension fund or a
firemen's relief and pension fund in
accordance with the rules of
the fund in force on April 1, 1947, shall receive pensions
and
benefits in accordance with the following provisions:
(1) A member of the fund who has completed twenty-five
years
of active service in a police or fire department and has
attained
forty-eight years of age may, at the member's
election, retire
from the police or fire department.
Upon notifying the board
in
writing of
the election,
the member shall receive an annual
pension,
payable
in twelve monthly installments, in an amount
equal to a
percentage
of the member's average annual salary. The
percentage
shall
be
the sum of two and one-half per cent for each
of the
first
twenty
years the member was in the active service of
the
department,
plus
two per cent for each of the twenty-first to
twenty-fifth
years
the member was in the active service of the
department, plus one
and one-half per cent for each year in excess
of twenty-five
years
the member was in the active service of the
department. The
annual pension shall not exceed seventy-two per
cent of the
member's average annual salary.
A member who completed twenty-five years of active
service,
has resigned or been discharged, and
has left the
sum deducted
from the member's salary on deposit in the pension fund
shall,
upon attaining
forty-eight years of age, be
entitled to receive a
normal service pension benefit computed and
paid under division
(C)(1) of this section.
While participating in the deferred retirement option plan
established under section 742.43 of the Revised Code, a member
shall not be considered to have elected retirement under division
(C)(1) of this section. On notifying the board under division
(B)(1) of section 742.444 of the Revised Code of the member's
election to terminate active service, a member described in
division (B) of that section shall receive an annual pension under
division (C)(1) of this section calculated in accordance with
section 742.442 of the Revised Code and rules that shall be
adopted by the board of trustees of the Ohio police and fire
pension fund.
(2) A member of the fund who has served fifteen or more
years
as an active member of a police or fire department and who
voluntarily resigns or is discharged from the department
for any
reason other than dishonesty, cowardice, intemperate habits, or
conviction of a felony, shall receive an annual pension, payable
in twelve monthly installments, in an amount equal to one and
one-half per cent of the member's average annual salary
multiplied
by the
number of full years the member was in the active service
of
the department. The pension payments shall not commence
until
the
member has attained the age of forty-eight years and until
twenty-five years have elapsed from the date on which the
member
became a
full-time regular police officer or
firefighter in the
department.
(3) A member of the fund who has completed fifteen or more
years of active service in a police or fire department and who
has
attained sixty-two years of age, may retire from the
department
and, upon notifying the board in writing of the
election to
retire, shall receive an annual pension, payable in
twelve monthly
installments, in an amount equal to a percentage
of the member's
average annual salary. The percentage
shall be the sum of two and
one-half per cent for each of the first twenty
years
the member
was in the active service of the department,
plus
two per cent for
each of the twenty-first to twenty-fifth years
the member was in
the active service of the department, plus one and one-half
per
cent for each year in excess of twenty-five years the member
was
in the
active service of the department. The
annual pension shall
not
exceed seventy-two per cent of the member's average annual
salary.
(4) With the exception of those persons who may make
application
for benefits as provided in section 742.26 of the
Revised Code,
no person receiving a pension or other benefit under
division (C)
of this section on or after July 24, 1986, shall be
entitled to
apply for any new, changed, or different benefit.
If a member covered by division (C) of this section or
section 742.38
of the Revised Code dies
prior to the time the
member has received a payment and
leaves a
surviving spouse or
dependent child, the surviving
spouse or dependent child shall
receive a pension under division
(D) or (E) of this section.
(D)(1) Except as provided in division (D)(2)
of this
section,
a surviving spouse of a deceased member of the fund
or a
surviving
spouse described in division (D)(4) of this section
shall
receive
a monthly pension
as follows:
(a) For the period beginning
July 1, 1999, and ending
June
30, 2000, five hundred
fifty dollars;
(b) For the period beginning
July 1, 2000, and
ending June
30, 2002, five hundred fifty dollars plus an amount determined by
multiplying five hundred fifty dollars by the average percentage
change in the consumer price index, not exceeding three per cent,
as determined by the board under former section 742.3716 of the
Revised Code;
(c) For the period beginning July 1, 2002, and the period
beginning the first day
of July of each year thereafter
and
continuing for the following
twelve months, an amount equal
to the
monthly amount paid during
the prior twelve-month period
plus
sixteen dollars
and fifty
cents.
(2) A surviving spouse of a deceased member of the fund
shall
receive a monthly pension
of four hundred ten dollars if
the
surviving spouse is eligible
for a benefit under division
(B) or
(D) of section 742.63 of the
Revised Code. If the surviving
spouse
ceases to be eligible
for a benefit under division (B) or
(D) of
section 742.63 of
the Revised
Code, the pension shall be
increased, effective the first day of the first month following
the day on which the surviving spouse ceases to be eligible for
the benefit,
to the amount it would be under division (D)(1) of
this section had
the spouse never
been eligible for a benefit
under division (B) or (D) of
section 742.63 of the
Revised
Code.
(3) A pension paid under this division shall
continue
during
the natural life of the surviving spouse.
Benefits to a deceased
member's surviving
spouse that
were terminated under a former
version of this section that
required termination due to
remarriage and were not resumed
prior to September
16, 1998, shall
resume on
the first day of the month immediately following receipt
by the
board of an application on a form provided by the board.
(4) A surviving spouse of a deceased member of or
contributor
to a fund established under former Chapter 521. or
741. of the
Revised Code whose benefit or pension was terminated
or not paid
due to remarriage shall receive a monthly pension
under division
(D)(1) of this section.
The pension shall commence on the first day of the month
immediately following receipt by the board of a completed
application on a form provided by the board and evidence
acceptable to the board that at the time of death the deceased
spouse was a member of or contributor to a police or firemen's
relief and pension fund established under former Chapter 521. or
741. of the Revised Code and that the surviving spouse's benefits
were terminated or not granted due to remarriage.
(E)(1) Each surviving child of a deceased member
of the
fund
shall receive a monthly pension
until
the child attains the
age of
eighteen years, or
marries,
whichever
event occurs first.
A
pension under this
division,
however, shall
continue to be
payable
to a child under age
twenty-two who is a
student in and
attending
an institution of
learning or training
pursuant to a
program
designed to complete
in
each school year the
equivalent of
at
least two-thirds of the
full-time curriculum
requirements of
the
institution, as
determined by the board. If
any surviving
child,
regardless
of
age at the time of the member's
death,
because of
physical
or
mental disability, is totally
dependent
upon the
deceased
member
for support at the time of
death, the
child shall
receive a
monthly
pension under this
division during
the
child's
natural
life or until the child has
recovered
from the
disability.
(2) An eligible surviving child shall receive a monthly
pension as follows:
(a) For the period beginning
July 1, 2001, and ending June
30, 2002, a monthly pension of one hundred fifty dollars plus the
cost of living increase provided for in former section 742.3720 of
the Revised Code;
(b) For the period beginning July 1, 2002, and ending June
30, 2003, one hundred sixty-three
dollars and fifty cents;
(c) For the period beginning July 1, 2003, and
the period
beginning the first day
of each July thereafter and continuing for
the following twelve
months, an amount equal to the monthly amount
paid during the
prior twelve-month period plus four dollars and
fifty cents.
(F)(1) If a deceased member of the fund leaves no surviving
spouse or surviving children, but leaves
one or two parents
dependent
upon the deceased member for support, each parent shall
be
paid a
monthly pension. The
pensions
provided for in this
division shall be paid during the
natural
life of the surviving
parents, or until dependency ceases,
or
until remarriage,
whichever event occurs first.
(2) Each eligible surviving parent shall be paid a monthly
pension as follows:
(a) For the period ending June 30, 2002, one hundred six
dollars for each parent or two hundred twelve dollars for a sole
dependent parent;
(b) For the period beginning July 1, 2002, and ending June
30, 2003, one hundred nine dollars for each parent or two hundred
eighteen dollars for a sole dependent parent;
(c) For the period beginning July 1, 2003, and the first day
of each July thereafter and continuing for the following twelve
months, an amount equal to the monthly amount paid during the
prior twelve-month period plus three dollars for each parent or
six dollars for a sole dependent parent.
(G)(1) Subject to the provisions of section 742.461 of the
Revised Code, a member of the fund who voluntarily
resigns or is
removed from active service in a police or fire
department is
entitled to receive an amount equal to the sums
deducted from the
member's salary and credited to
the member's account in the fund,
except that a member receiving a
disability benefit or service
pension is not entitled to receive any return of
contributions to
the fund.
(2) A member described in division (G)(1) of this section who
is married at the time of application for payment and would be
eligible for age and service retirement under this section or
section 742.39 of the Revised Code but for a forfeiture ordered
under division (A) or (B) of section 2929.192 of the Revised Code
shall submit with the application a written statement by the
member's spouse attesting that the spouse consents to the payment
of the member's accumulated contributions. Consent shall be valid
only if it is signed and witnessed by a notary public. The board
may waive the requirement of consent if the spouse is
incapacitated or cannot be located, or for any other reason
specified by the board. Consent or waiver is effective only with
regard to the spouse who is the subject of the consent or waiver.
(H) On and after January 1, 1970, all pensions shall be
increased in accordance with the following provisions:
(1) A member of the fund who retired prior to January 1,
1967, has attained age sixty-five on January 1, 1970, and was
receiving a pension on December 31, 1969, pursuant to division
(B)
or (C)(1) of this section
or former division (C)(2), (3), (4), or
(5) of this section,
shall have the pension increased by ten per
cent.
(2) The monthly pension payable to eligible surviving
spouses
under division (D) of this section shall be increased by
forty
dollars for each surviving spouse receiving a pension on
December
31, 1969.
(3) The monthly pension payable to each eligible child
under
division (E) of this section shall be increased by ten
dollars for
each child receiving a pension on December 31, 1969.
(4) The monthly pension payable to each eligible dependent
parent under division (F) of this section shall be increased by
thirty dollars for each parent receiving a pension on December
31,
1969.
(5) A member of the fund, including a survivor of a
member,
who is receiving a pension in accordance with the rules
governing
the granting of pensions and benefits in force on April
1, 1947,
that provide an increase in the original pension
from
time to time
pursuant to changes in the salaries of active
members, shall not
be eligible for the benefits provided in this
division.
(I) On and after January 1, 1977, a member of the fund who
was receiving a pension or benefit on December 31, 1973, under
division (A), (B), (C)(1), or former division
(C)(2) or (7) of
this section shall have
the pension or benefit increased as
follows:
(1) If the member's annual pension or benefit is less than
two
thousand seven hundred dollars, it shall be increased to three
thousand dollars.
(2) If the member's annual pension or benefit is two
thousand
seven
hundred dollars or more, it shall be increased by
three
hundred
dollars.
The following shall not be eligible to receive increased
pensions or benefits as provided in this division:
(a) A member of the fund who is receiving a pension or
benefit in accordance with the rules in force on April 1, 1947,
governing the granting of pensions and benefits, which provide an
increase in the original pension or benefit from time to time
pursuant to changes in the salaries of active members;
(b) A member of the fund who is receiving a pension or
benefit under division (A) or (B) of this section, based on
funded
volunteer or funded part-time service, or off-duty
disability, or
partial on-duty disability, or early vested
service;
(c) A member of the fund who is receiving a pension under
division (C)(1) of this section, based on funded volunteer or
funded part-time service.
(J) On and after July 1, 1977, a member of the fund who
was
receiving an annual pension or benefit on December 31, 1973,
pursuant to division (B) of this section, based upon partial
disability, off-duty disability, or early vested service, or
pursuant to former division (C)(3), (5), or (6) of this section,
shall
have such annual pension or benefit increased by three
hundred
dollars.
The following are not eligible to receive the increase
provided by this division:
(1) A member of the fund who is receiving a pension or
benefit in accordance with the rules in force on April 1, 1947,
governing the granting of pensions and benefits, which provide an
increase in the original pension or benefit from time to time
pursuant to changes in the salaries of active members;
(2) A member of the fund who is receiving a pension or
benefit under division (B) or (C)(2) of this section or
former
division (C)(3), (5), or (6) of
this section based on volunteer or
part-time service.
(K)(1) Except as otherwise provided in this division,
every
person who on July 24, 1986, is receiving an age and
service or
disability pension, allowance, or benefit pursuant to
this chapter
in an amount less than thirteen thousand dollars a
year that is
based upon an award made effective prior to February
28, 1984,
shall receive an increase of six hundred dollars a year
or the
amount necessary to increase the pension or benefit to
four
thousand two hundred dollars after all adjustments required
by
this section, whichever is greater.
(2) Division (K)(1) of this section does not apply to the
following:
(a) A member of the fund who is receiving a pension or
benefit in accordance with rules in force on April 1, 1947, that
govern the granting of pensions and benefits and that provide an
increase in the original pension or benefit from time to time
pursuant to changes in the salaries of active members;
(b) A member of the fund who is receiving a pension or
benefit based on funded volunteer or funded part-time service.
(L) On and after July 24, 1986:
(1) The pension of each person receiving a pension under
division (D) of this section on July 24, 1986, shall be increased
to three hundred ten dollars per month.
(2) The pension of each person receiving a pension under
division (E) of this section on July 24, 1986, shall be increased
to ninety-three dollars per month.
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) If a member, former member, or other system retirant is
subject to an
order issued under section 2907.15 of the Revised
Code or an order issued under division (A) or (B) of section
2929.192 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.
(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) Notwithstanding any other provision of
this chapter, any payment of accumulated contributions standing to
a person's credit under this chapter and any other amount or
amounts to be paid to a person who is a contributor under this
chapter upon the person's withdrawal of contributions pursuant to
this chapter shall be subject to any forfeiture ordered under
division (A) or (B) of section 2929.192 of the Revised Code, and
the Ohio police and fire pension fund shall comply with that order
in making the payment. Upon payment of the person's accumulated
contributions and cancellation of the corresponding service
credit, a person who is subject to the forfeiture described in
this division may not restore the canceled service credit under
this chapter or under Chapter 145., 3305., 3307., 3309., or 5505.
of the Revised Code.
(B) Notwithstanding any other provision of this chapter, if
the fund receives notice pursuant to section 2901.43 of the
Revised Code that a person who has accumulated contributions
standing to the person's credit pursuant to this chapter is
charged with any offense or violation listed or described in
divisions (D)(1) to (3) of section 2929.192 of the Revised Code
that is a felony in the circumstances specified in the particular
division, all of the following apply:
(1) No payment of those accumulated contributions or of any
other amount or amounts to be paid to a person who is a
contributor under this chapter upon the person's withdrawal of
contributions pursuant to this chapter shall be made prior to
whichever of the following is applicable:
(a) If the person is convicted of or pleads guilty to the
charge and forfeiture is ordered under division (A) or (B) of
section 2929.192 of the Revised Code, the day on which the fund
receives from the court a copy of the journal entry of the
offender's sentence under that section;
(b) If the charge against the person is dismissed, the person
is found not guilty of the charge, or the person is found not
guilty by reason of insanity of the charge, the day on which the
fund receives notice of the final disposition of the charge.
(2) The fund shall not process any application for payment
under this chapter from the person prior to the final disposition
of the charge.
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. 2329.66. (A) Every person who is domiciled in this
state may hold property exempt from execution, garnishment,
attachment, or sale to satisfy a judgment or order, as follows:
(1)(a) In the case of a judgment or order regarding money
owed for health care services rendered or health care supplies
provided to the person or a dependent of the person, one parcel
or
item of real or personal property that the person or a
dependent
of the person uses as a residence. Division (A)(1)(a)
of this
section does not preclude, affect, or invalidate the
creation
under this chapter of a judgment lien upon the exempted
property
but only delays the enforcement of the lien until the
property is
sold or otherwise transferred by the owner or in
accordance with
other applicable laws to a person or entity other
than the
surviving spouse or surviving minor children of the
judgment
debtor. Every person who is domiciled in this state may
hold
exempt from a judgment lien created pursuant to division
(A)(1)(a)
of this section the person's interest, not to exceed five
thousand
dollars, in the exempted property.
(b) In the case of all other judgments and orders, the
person's interest, not to exceed five thousand dollars, in one
parcel or item of real or personal property that the person or a
dependent of the person uses as a residence.
(2) The person's interest, not to exceed one thousand
dollars, in one
motor vehicle;
(3) The person's interest, not to exceed two hundred
dollars
in any particular item, in wearing apparel, beds, and
bedding, and
the person's interest, not to exceed three hundred
dollars in each
item, in one cooking unit and one refrigerator or
other food
preservation unit;
(4)(a) The person's interest, not to exceed four hundred
dollars, in cash on hand, money due and payable, money to become
due within ninety days, tax refunds, and money on deposit with a
bank, savings and loan association, credit union, public utility,
landlord, or other person. Division (A)(4)(a) of this section
applies only in
bankruptcy proceedings. This exemption may
include
the portion
of personal earnings that is not exempt under
division
(A)(13) of
this section.
(b) Subject to division (A)(4)(d) of this section, the
person's interest, not to exceed two hundred dollars in any
particular item, in household furnishings, household goods,
appliances, books, animals, crops, musical instruments, firearms,
and hunting and fishing equipment, that are held primarily for
the
personal, family, or household use of the person;
(c) Subject to division (A)(4)(d) of this section, the
person's interest in one or more items of jewelry, not to exceed
four hundred dollars in one item of jewelry and not to exceed two
hundred dollars in every other item of jewelry;
(d) Divisions (A)(4)(b) and (c) of this section do not
include items of personal property listed in division (A)(3) of
this section.
If the person does not claim an exemption under division
(A)(1) of this section, the total exemption claimed under
division
(A)(4)(b) of this section shall be added to the total
exemption
claimed under division (A)(4)(c) of this section, and
the total
shall not exceed two thousand dollars. If the person
claims an
exemption under division (A)(1) of this section, the
total
exemption claimed under division (A)(4)(b) of this section
shall
be added to the total exemption claimed under division
(A)(4)(c)
of this section, and the total shall not exceed one
thousand five
hundred dollars.
(5) The person's interest, not to exceed an aggregate of
seven hundred fifty dollars, in all implements, professional
books, or tools of the person's profession, trade, or business,
including
agriculture;
(6)(a) The person's interest in a beneficiary fund set
apart,
appropriated, or paid by a benevolent association or
society, as
exempted by section 2329.63 of the Revised Code;
(b) The person's interest in contracts of life or
endowment
insurance or annuities, as exempted by section 3911.10
of the
Revised Code;
(c) The person's interest in a policy of group insurance
or
the proceeds of a policy of group insurance, as exempted by
section 3917.05 of the Revised Code;
(d) The person's interest in money, benefits, charity,
relief, or aid to be paid, provided, or rendered by a fraternal
benefit society, as exempted by section 3921.18 of the Revised
Code;
(e) The person's interest in the portion of benefits under
policies of sickness and accident insurance and in
lump
sum
payments for dismemberment and other losses insured under
those
policies, as exempted by section 3923.19 of the Revised
Code.
(7) The person's professionally prescribed or medically
necessary health aids;
(8) The person's interest in a burial lot, including, but
not
limited to, exemptions under section 517.09 or 1721.07 of the
Revised Code;
(9) The person's interest in the following:
(a) Moneys paid or payable for living maintenance or
rights,
as exempted by section 3304.19 of the Revised Code;
(b) Workers' compensation, as exempted by section
4123.67
of
the Revised Code;
(c) Unemployment compensation benefits, as exempted by
section 4141.32 of the Revised Code;
(d) Cash assistance payments under the Ohio works first
program, as exempted
by
section 5107.75 of the Revised Code;
(e)
Benefits and services under the prevention, retention,
and contingency program, as exempted by section 5108.08 of the
Revised Code;
(f) Disability financial assistance payments, as exempted by
section
5115.06 of the Revised Code.
(10)(a) Except in cases in which the person was convicted
of
or pleaded guilty to a violation of section 2921.41 of the
Revised
Code and in which an order for the withholding of
restitution from
payments was issued under division (C)(2)(b) of
that section or,
in
cases in which an order for withholding was issued under
section
2907.15 of the Revised Code, and in cases in which an
order for forfeiture was issued under division (A) or (B) of
section 2929.192 of the Revised Code, and only to the
extent
provided
in
the order,
and
except as provided in sections
3105.171, 3105.63,
3119.80, 3119.81, 3121.02, 3121.03, and
3123.06
of the Revised
Code, the person's right to a pension,
benefit,
annuity,
retirement allowance, or accumulated
contributions, the
person's
right to a participant account in any
deferred
compensation
program offered by the Ohio public
employees deferred
compensation
board, a government unit, or a
municipal corporation,
or the
person's other accrued or accruing
rights, as exempted by
section
145.56, 146.13, 148.09,
742.47,
3307.41, 3309.66, or
5505.22 of
the Revised Code, and
the
person's right to benefits
from the Ohio
public safety officers
death benefit
fund;
(b) Except as provided in sections 3119.80, 3119.81,
3121.02,
3121.03, and 3123.06 of
the Revised Code, the person's
right to
receive a payment under
any pension, annuity, or similar
plan or
contract, not including
a payment from a stock bonus or
profit-sharing plan or a payment
included in division (A)(6)(b) or
(10)(a) of this section, on
account of illness, disability, death,
age, or length of service,
to the extent reasonably necessary for
the support of the person
and any of the person's dependents,
except if all the following
apply:
(i) The plan or contract was established by or under the
auspices of an insider that employed the person at the time the
person's rights under the plan or contract arose.
(ii) The payment is on account of age or length of
service.
(iii) The plan or contract is not qualified under the
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as
amended.
(c) Except for any portion of the assets that were
deposited
for the purpose of evading the payment of any debt and
except as
provided in sections 3119.80, 3119.81,
3121.02, 3121.03, and
3123.06 of the Revised
Code, the person's right in the assets held
in, or to receive
any payment under, any individual retirement
account,
individual retirement annuity,
"Roth IRA," or education
individual retirement
account that provides
benefits by reason of
illness, disability, death, or age, to the extent
that the assets,
payments, or benefits described in division
(A)(10)(c) of this
section are attributable
to any of the following:
(i) Contributions of the person that were less
than or equal
to the applicable limits on deductible
contributions to an
individual retirement account or individual
retirement annuity in
the year that the contributions were made,
whether or not the
person was eligible to deduct the
contributions on the person's
federal tax return for the year in
which the contributions were
made;
(ii) Contributions of the person that were less
than or
equal
to the applicable limits on contributions to a
Roth IRA or
education individual
retirement account in the year that the
contributions were made;
(iii) Contributions of the person that are within
the
applicable limits on rollover contributions under
subsections 219,
402(c), 403(a)(4),
403(b)(8), 408(b), 408(d)(3),
408A(c)(3)(B),
408A(d)(3),
and 530(d)(5) of the
"Internal Revenue Code of 1986,"
100
Stat. 2085, 26
U.S.C.A. 1, as amended.
(d) Except for any portion of the
assets that were deposited
for the purpose of evading the
payment of any debt and except as
provided in sections
3119.80, 3119.81, 3121.02, 3121.03, and
3123.06 of the Revised Code, the person's
right in the assets held
in, or to receive any payment under,
any Keogh or
"H.R. 10" plan
that provides benefits
by reason of illness, disability, death, or
age, to the extent reasonably
necessary for the support of the
person and any of the person's
dependents.
(11) The person's right to receive spousal support, child
support, an allowance, or other maintenance to the extent
reasonably necessary for the support of the person and any of the
person's
dependents;
(12) The person's right to receive, or moneys received
during
the preceding twelve calendar months from, any of the
following:
(a) An award of reparations under sections 2743.51 to
2743.72
of the Revised Code, to the extent exempted by division
(D) of
section 2743.66 of the Revised Code;
(b) A payment on account of the wrongful death of an
individual of whom the person was a dependent on the date of the
individual's death, to the extent reasonably necessary for the
support of the person and any of the person's dependents;
(c) Except in cases in which the person who receives the
payment is an
inmate, as defined in section 2969.21 of the Revised
Code, and in which the
payment resulted from a civil action or
appeal against a government entity or
employee, as defined in
section 2969.21 of the Revised Code, a payment, not to
exceed five
thousand dollars, on
account of personal bodily injury, not
including pain and
suffering or compensation for actual pecuniary
loss, of the
person or an individual for whom the person is a
dependent;
(d) A payment in compensation for loss of future earnings
of
the person or an individual of whom the person is or was a
dependent, to the extent reasonably necessary for the support of
the debtor and any of the debtor's dependents.
(13) Except as provided in sections 3119.80, 3119.81,
3121.02, 3121.03, and 3123.06 of the Revised
Code, personal
earnings of
the person owed to the
person for services in an
amount equal to the greater of the following
amounts:
(a) If paid weekly, thirty times the current federal
minimum
hourly wage; if paid biweekly, sixty times the current
federal
minimum hourly wage; if paid semimonthly, sixty-five
times the
current federal minimum hourly wage; or if paid
monthly, one
hundred thirty times the current federal minimum
hourly wage that
is in effect at the time the earnings are
payable, as prescribed
by the
"Fair Labor Standards Act of 1938,"
52 Stat. 1060, 29
U.S.C. 206(a)(1), as amended;
(b) Seventy-five per cent of the disposable earnings owed
to
the person.
(14) The person's right in specific partnership property,
as
exempted by division (B)(3) of section 1775.24 of the Revised
Code;
(15) A seal and official register of a notary public, as
exempted by section 147.04 of the Revised Code;
(16) The person's interest in a tuition unit or a payment
under section
3334.09 of the Revised Code pursuant to a tuition
payment contract, as exempted
by section 3334.15 of the Revised
Code;
(17) Any other property that is specifically exempted from
execution, attachment, garnishment, or sale by federal statutes
other than the
"Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11
U.S.C.A. 101, as amended;
(18) The person's interest, not to exceed four hundred
dollars, in any property, except that division (A)(18) of this
section applies
only in bankruptcy proceedings.
(B) As used in this section:
(1)
"Disposable earnings" means net earnings after the
garnishee has made deductions required by law, excluding the
deductions ordered pursuant to section 3119.80, 3119.81,
3121.02,
3121.03, or 3123.06 of the
Revised Code.
(2)
"Insider" means:
(a) If the person who claims an exemption is an
individual,
a
relative of the individual, a relative of a general
partner of
the
individual, a partnership in which the individual
is a general
partner, a general partner of the individual, or a
corporation of
which the individual is a director, officer, or in
control;
(b) If the person who claims an exemption is a
corporation,
a
director or officer of the corporation; a person
in control of
the
corporation; a partnership in which the
corporation is a
general
partner; a general partner of the
corporation; or a
relative of a
general partner, director,
officer, or person in
control of the
corporation;
(c) If the person who claims an exemption is a
partnership,
a
general partner in the partnership; a general
partner of the
partnership; a person in control of the
partnership; a partnership
in which the partnership is a general
partner; or a relative in, a
general partner of, or a person in
control of the partnership;
(d) An entity or person to which or whom any of the
following
applies:
(i) The entity directly or indirectly owns, controls, or
holds with power to vote, twenty per cent or more of the
outstanding voting securities of the person who claims an
exemption, unless the entity holds the securities in a fiduciary
or agency capacity without sole discretionary power to vote the
securities or holds the securities solely to secure to debt and
the entity has not in fact exercised the power to vote.
(ii) The entity is a corporation, twenty per cent or more
of
whose outstanding voting securities are directly or indirectly
owned, controlled, or held with power to vote, by the person who
claims an exemption or by an entity to which division
(B)(2)(d)(i)
of this section applies.
(iii) A person whose business is operated under a lease or
operating agreement by the person who claims an exemption, or a
person substantially all of whose business is operated under an
operating agreement with the person who claims an exemption.
(iv) The entity operates the business or all or
substantially
all of the property of the person who claims an
exemption under a
lease or operating agreement.
(e) An insider, as otherwise defined in this section, of a
person or entity to which division (B)(2)(d)(i), (ii), (iii), or
(iv) of this section applies, as if the person or entity were a
person who claims an exemption;
(f) A managing agent of the person who claims an
exemption.
(3)
"Participant account" has the same meaning as in
section
148.01 of the Revised Code.
(4)
"Government unit" has the same meaning as in section
148.06 of the Revised Code.
(C) For purposes of this section,
"interest" shall be
determined as follows:
(1) In bankruptcy proceedings, as of the date a petition
is
filed with the bankruptcy court commencing a case under Title
11
of the United States Code;
(2) In all cases other than bankruptcy proceedings, as of
the
date of an appraisal, if necessary under section 2329.68 of
the
Revised Code, or the issuance of a writ of execution.
An interest, as determined under division (C)(1) or (2) of
this section, shall not include the amount of any lien otherwise
valid pursuant to section 2329.661 of the Revised Code.
Sec. 2901.43. (A)(1) As used in this section:
(a) "Public retirement system," "alternative retirement
plan," and "prosecutor" have the same meanings as in section
2907.15 of the Revised Code.
(b) "Position of honor, trust, or profit" has the same
meaning as in section 2929.192 of the Revised Code.
(2) For purposes of divisions (B) and (C) of this section, a
violation of section 2923.32 of the Revised Code or any other
violation or offense that includes as an element a course of
conduct or the occurrence of multiple acts is "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 subject
person'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.
(B) Upon the filing of charges against a person alleging that
the person committed on or after the effective date of this
section any violation or offense specified in division (C) of this
section, if the person allegedly committed the violation or
offense while serving in a position of honor, trust, or profit and
if the person is an electing employee participating in an
alternative retirement plan or a member of a public retirement
system, the prosecutor who is assigned the case shall send written
notice that those charges have been filed against that person to
the alternative retirement plan in which the person is a
participant or the public retirement system in which the person is
a member, whichever is applicable. The written notice shall
specifically identify the person charged.
(C) Division (B) of this section applies when a person is
charged with committing on or after the effective date of this
section any offense or violation listed or described in divisions
(D)(1) to (3) of section 2929.192 of the Revised Code that is a
felony, in the circumstances specified in the particular division.
Sec. 2929.192. (A) If an offender is being sentenced for any
felony offense listed in division (D) of this section that was
committed on or after the effective date of this section, if the
offender committed the offense while serving in a position of
honor, trust, or profit, and if the offender, at the time of the
commission of the offense, was a member of any public retirement
system or a participant in an alternative retirement plan, in
addition to any other sanction it imposes under section 2929.14,
2929.15, 2929.16, 2929.17, or 2929.18 of the Revised Code but
subject to division (B) of this section, the court shall order the
forfeiture to the public retirement system or alternative
retirement plan in which the offender was a member or participant
of the offender's right to a retirement allowance, pension,
disability benefit, or other right or benefit, other than payment
of the offender's accumulated contributions, earned by reason of
the offender's being a member of the public retirement system or
alternative retirement plan. A forfeiture ordered under this
division is part of, and shall be included in, the sentence of the
offender. The court shall send a copy of the journal entry
imposing sentence on the offender to the appropriate public
retirement system or alternative retirement plan in which the
offender was a member or participant.
(B) In any case in which a sentencing court is required to
order forfeiture of an offender's right to a retirement allowance,
pension, disability benefit, or other right or benefit under
division (A) of this section, the offender may request a hearing
regarding the forfeiture by delivering to the court prior to
sentencing a written request for a hearing. If a request for a
hearing is made by the offender prior to sentencing, the court
shall conduct the hearing before sentencing. The court shall
notify the offender, the prosecutor who handled the case in which
the offender was convicted of or pleaded guilty to the offense for
which the forfeiture order was imposed, and the appropriate public
retirement system, or alternative retirement plan provider,
whichever is applicable, or, if more than one is specified in the
motion, the applicable combination of these, of the hearing. 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 based on 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 (A) of this section in accordance
with that division and shall send a copy of the journal entry
imposing sentence on the offender to the appropriate public
retirement system or alternative retirement plan in which the
offender was a member or participant.
(C) Upon receipt of a copy of the journal entry imposing
sentence on an offender under division (A) or (B) of this section
that contains an order of forfeiture of a type described in that
division, the public retirement system or alternative retirement
plan in which the offender was a member or participant shall
comply with the forfeiture order on application for a refund of
the accumulated contributions of the member or participant.
(D) Division (A) of this section applies regarding an
offender who is convicted of or pleads guilty to any of the
following offenses committed on or after the effective date of
this section that is a felony and who committed the offense while
serving in a position of honor, trust, or profit:
(1) A violation of section 2921.02 or 2923.32 of the Revised
Code or a violation of section 2921.41 of the Revised Code that is
a felony of the third degree;
(2) A violation of an existing or former municipal ordinance
or law of this or any other state or the United States that is
substantially equivalent to any violation listed in division
(D)(1) of this section;
(3) A conspiracy to commit, attempt to commit, or complicity
in committing any violation listed in division (D)(1) or described
in division (D)(2) of this section.
(E) For purposes of divisions (A) and (D) of this section, a
violation of section 2923.32 of the Revised Code or any other
violation or offense that includes as an element a course of
conduct or the occurrence of multiple acts is "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 subject
person'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.
(F) As used in this section:
(1) "Position of honor, trust, or profit" means any of the
following:
(a) An elective office of the state or any political
subdivision of the state;
(b) A position on any board or commission of the state that
is appointed by the governor or the attorney general;
(c) A position as a public official or employee, as defined
in section 102.01 of the Revised Code, who is required to file a
disclosure statement under section 102.02 of the Revised Code;
(d) A position as a prosecutor, as defined in section 2935.01
of the Revised Code;
(e) A position as a peace officer, as defined in section
2935.01 of the Revised Code, or as the superintendent or a trooper
of the state highway patrol.
(2) "Public retirement system" and "alternative retirement
plan" have the same meanings as in section 2907.15 of the Revised
Code.
(3) "Accumulated contributions" means whichever of the
following is applicable:
(a) Regarding an offender who is a member of the public
employees retirement system, except as otherwise provided in
division (F)(3)(a) of this section, "accumulated contributions"
has the same meaning as in section 145.01 of the Revised Code. For
a member participating in a PERS defined contribution plan,
"accumulated contributions" means the contributions made under
section 145.85 of the Revised Code and any earnings on those
contributions. For a member participating in a PERS defined
contribution plan that includes definitely determinable benefits,
"accumulated contributions" means the contributions made under
section 145.85 of the Revised Code, any earnings on those
contributions, and additionally any amounts paid by the member to
purchase service credits.
(b) Regarding an offender who is or was a member of the Ohio
police and fire pension fund, "accumulated contributions" means
the amount payable to a member under division (G) of section
742.37 of the Revised Code.
(c) Regarding an offender who is a member of the state
teachers retirement system, except as otherwise provided in
division (F)(3)(c) of this section, "accumulated contributions"
has the same meaning as in section 3307.50 of the Revised Code.
For a member participating in an STRS defined contribution plan,
"accumulated contributions" means the 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. For a member participating in a
STRS defined contribution plan that includes definitely
determinable benefits, "accumulated contributions" means the
contributions made under section 3307.26 of the Revised Code to
participate in a plan established under section 3307.81 of the
Revised Code, any earnings on those contributions, and
additionally any amounts paid by the member to purchase service
credits.
(d) Regarding an offender who is or was a member of the
school employees retirement system, "accumulated contributions"
has the same meaning as in section 3309.01 of the Revised Code and
also includes employee contributions made under section 3309.85 of
the Revised Code and any earnings on those contributions.
(e) Regarding an offender who is or was a member of the state
highway patrol retirement system, "accumulated contributions" has
the same meaning as in section 5505.01 of the Revised Code.
(f) Regarding an offender who is or was participating in an
alternative retirement plan, "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.
Sec. 2967.16. (A) Except as provided in division (D) of
this
section, when a
paroled prisoner has faithfully
performed the
conditions and obligations of the paroled prisoner's parole and
has obeyed the rules and regulations adopted by the adult parole
authority that apply to the paroled prisoner, the authority upon
the
recommendation of the superintendent of parole supervision may
enter upon its minutes a final release and thereupon shall issue
to the paroled prisoner a certificate of final release, but
the
authority shall not grant a final release
earlier than one year
after the paroled prisoner is released from the
institution on
parole, and, in the
case of a paroled prisoner whose minimum
sentence is life imprisonment, the
authority shall not grant a
final release earlier than five years after the
paroled prisoner
is released from the institution on parole.
(B)(1) When a prisoner who has been released under a period
of post-release
control pursuant to section 2967.28 of the Revised
Code has faithfully
performed the
conditions and obligations of
the released prisoner's post-release control
sanctions and has
obeyed
the rules and regulations adopted by the adult parole
authority that apply to
the released prisoner
or has the period of
post-release control terminated by a court pursuant to section
2929.141 of the Revised Code, the authority, upon the
recommendation of the
superintendent of parole
supervision, may
enter upon its minutes a final release and, upon the entry of
the
final release, shall issue to the released prisoner a certificate
of final
release.
In the case of a prisoner who has been released
under a period
of post-release control pursuant to division (B) of
section 2967.28
of the Revised Code, the authority shall not grant
a final release earlier than one year
after the
released prisoner
is released from the institution under a period of
post-release
control.
The authority shall classify the termination of
post-release control as favorable or unfavorable depending on the
offender's conduct and compliance with the conditions of
supervision. In the case of a released prisoner
whose sentence is
life
imprisonment,
the authority shall not grant a final release
earlier than five years after
the released prisoner is released
from the institution under a period of
post-release control.
(2) The department of rehabilitation and correction, no
later
than six months after
the effective date of this section
July 8,
2002,
shall adopt a rule in accordance with Chapter 119. of the
Revised
Code that establishes the criteria for the classification
of a
post-release control termination as "favorable" or
"unfavorable."
(C) The (1) Except as provided in division (C)(2) of this
section, the following prisoners or person shall be restored to
the rights and
privileges forfeited
by a conviction:
(1)(a) A prisoner who has served the entire prison term
that
comprises or is part of the prisoner's sentence and
has not been
placed under any post-release control sanctions;
(2)(b) A prisoner who has been granted a final release by the
adult
parole authority pursuant to division (A) or (B) of this
section;
(3)(c) A person who has completed the period of a community
control sanction
or
combination of community control sanctions, as
defined in section 2929.01
of the Revised Code, that was imposed
by the sentencing court.
(2)(a) As used in division (C)(2)(c) of this section:
(i) "Position of honor, trust, or profit" has the same
meaning as in section 2929.192 of the Revised Code.
(ii) "Public office" means any elected federal, state, or
local government office in this state.
(b) For purposes of division (C)(2)(c) of this section, a
violation of section 2923.32 of the Revised Code or any other
violation or offense that includes as an element a course of
conduct or the occurrence of multiple acts is "committed on or
after the effective date of this amendment" if the course of
conduct continues, one or more of the multiple acts occurs, or the
subject person'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 amendment.
(c) Division (C)(1) of this section does not restore a
prisoner or person to the privilege of holding a position of
honor, trust, or profit if the prisoner or person was convicted of
or pleaded guilty to committing on or after the effective date of
this amendment any of the following offenses that is a felony:
(i) A violation of section 2921.02, 2921.03, 2921.05,
2921.41, 2921.42, or 2923.32 of the Revised Code;
(ii) A violation of section 2913.42, 2921.04, 2921.11,
2921.12, 2921.31, or 2921.32 of the Revised Code, when the person
committed the violation while the person was serving in a public
office and the conduct constituting the violation was related to
the duties of the person's public office or to the person's
actions as a public official holding that public office;
(iii) A violation of an existing or former municipal
ordinance or law of this or any other state or the United States
that is substantially equivalent to any violation listed in
division (C)(2)(c)(i) of this section;
(iv) A violation of an existing or former municipal ordinance
or law of this or any other state or the United States that is
substantially equivalent to any violation listed in division
(C)(2)(c)(ii) of this section, when the person committed the
violation while the person was serving in a public office and the
conduct constituting the violation was related to the duties of
the person's public office or to the person's actions as a public
official holding that public office;
(v) A conspiracy to commit, attempt to commit, or complicity
in committing any offense listed in division (C)(2)(c)(i) or
described in division (C)(2)(c)(iii) of this section;
(vi) A conspiracy to commit, attempt to commit, or complicity
in committing any offense listed in division (C)(2)(c)(ii) or
described in division (C)(2)(c)(iv) of this section, if the person
committed the violation while the person was serving in a public
office and the conduct constituting the offense that was the
subject of the conspiracy, that would have constituted the offense
attempted, or constituting the offense in which the person was
complicit was or would have been related to the duties of the
person's public office or to the person's actions as a public
official holding that public office.
(D) Division (A) of this section does not apply to a
prisoner
in the shock incarceration program established pursuant
to section
5120.031 of the Revised Code.
(E) The adult parole authority shall record the final
release
of a
parolee or prisoner in the official minutes of the
authority.
Sec. 2967.17. (A) The adult parole authority, in its
discretion, may grant an administrative release to any of the
following:
(1) A parole violator or release violator serving another
felony sentence in
a correctional institution within or without
this state for the purpose of
consolidation of the records or if
justice would best be served;
(2) A parole violator at large or release violator at large
whose case
has been inactive for at least ten years following the
date of declaration of
the parole violation or the violation of a
post-release control
sanction;
(3) A parolee taken into custody by the
immigration and
naturalization service of the United States
department of justice
and deported from the United States.
(B)(1)(a) As used in divisions (B)(2) and (3) of this
section, "position of honor, trust, or profit" has the same
meaning as in section 2929.192 of the Revised Code.
(b) For purposes of divisions (B)(2) and (3) of this section,
a violation of section 2923.32 of the Revised Code or any other
violation or offense that includes as an element a course of
conduct or the occurrence of multiple acts is "committed on or
after the effective date of this amendment" if the course of
conduct continues, one or more of the multiple acts occurs, or the
subject person'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 amendment.
(2) The adult parole authority shall not grant an
administrative release except upon
the concurrence of a majority
of the parole board and approval of
the chief of the adult parole
authority. An
administrative release does not restore for the
person to whom it is granted the rights and
privileges forfeited
by conviction as
provided in section 2961.01 of the Revised Code.
Any person
granted an administrative release under this section
may
subsequently apply for a commutation of sentence for the
purpose
of regaining the rights and privileges forfeited by
conviction, except that the privilege of circulating or serving as
a witness for the signing of any declaration of candidacy and
petition, voter registration application, or nominating,
initiative, referendum, or recall petition forfeited under section
2961.01 of the Revised Code may not be restored under this section
and except that the privilege of holding a position of honor,
trust, or profit may not be restored under this section to a
person in the circumstances described in division (B)(3) of this
section.
(3) The privilege of holding a position of honor, trust, or
profit may not be restored under this section to a person who was
convicted of or pleaded guilty to committing on or after the
effective date of this amendment any violation or offense listed
in divisions (C)(2)(c)(i) to (vi) of section 2967.16 of the
Revised Code that is a felony.
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) Notwithstanding any other provision of
this chapter, any payment of accumulated contributions standing to
a person's credit under this chapter and any other amount or
amounts to be paid to a person who is a contributor under this
chapter upon the person's withdrawal of contributions pursuant to
this chapter shall be subject to any forfeiture ordered under
division (A) or (B) of section 2929.192 of the Revised Code, and
the provider of an alternative retirement plan shall comply with
that order in making the payment. Upon payment of the person's
accumulated contributions and cancellation of the corresponding
service credit, a person who is subject to the forfeiture
described in this division may not restore the canceled service
credit under this chapter or under Chapter 145., 742., 3307.,
3309., or 5505. of the Revised Code.
(B) Notwithstanding any other provision of this chapter, if
the provider of an alternative retirement plan receives notice
pursuant to section 2901.43 of the Revised Code that a person who
has accumulated contributions standing to the person's credit
pursuant to this chapter is charged with any offense or violation
listed or described in divisions (D)(1) to (3) of section 2929.192
of the Revised Code that is a felony in the circumstances
specified in the particular division, all of the following apply:
(1) No payment of those accumulated contributions or of any
other amount or amounts to be paid to a person who is a
contributor under this chapter upon the person's withdrawal of
contributions pursuant to this chapter shall be made prior to
whichever of the following is applicable:
(a) If the person is convicted of or pleads guilty to the
charge and forfeiture is ordered under division (A) or (B) of
section 2929.192 of the Revised Code, the day on which the
provider receives from the court a copy of the journal entry of
the offender's sentence under that section;
(b) If the charge against the person is dismissed, the person
is found not guilty of the charge, or the person is found not
guilty by reason of insanity of the charge, the day on which the
provider receives notice of the final disposition of the charge.
(2) The provider of an alternative retirement plan shall not
process any application for payment under this chapter from the
person prior to the final disposition of the charge.
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) 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 an order issued under division (A)
or (B) of section 2929.192 of the Revised Code or is convicted of
or pleads guilty to
a
violation of section 2921.41 of the Revised
Code, on written
request of a prosecutor as defined in section
2935.01 of the
Revised Code, the board shall furnish to the
prosecutor the
information requested from the individual's
personal history
record.
(2) Pursuant to a court or administrative order issued
under
section 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) Notwithstanding any other provision of
this chapter, any payment of accumulated contributions standing to
a person's credit under this chapter and any other amount or
amounts to be paid to a person who is a contributor under this
chapter upon the person's withdrawal of contributions pursuant to
this chapter shall be subject to any forfeiture ordered under
division (A) or (B) of section 2929.192 of the Revised Code, and
the state teachers retirement system shall comply with that order
in making the payment. Upon payment of the person's accumulated
contributions and cancellation of the corresponding service
credit, a person who is subject to the forfeiture described in
this division may not restore the canceled service credit under
this chapter or under Chapter 145., 742., 3305., 3309., or 5505.
of the Revised Code.
(B) Notwithstanding any other provision of this chapter, if
the system receives notice pursuant to section 2901.43 of the
Revised Code that a person who has accumulated contributions
standing to the person's credit pursuant to this chapter is
charged with any offense or violation listed or described in
divisions (D)(1) to (3) of section 2929.192 of the Revised Code
that is a felony in the circumstances specified in the particular
division, all of the following apply:
(1) No payment of those accumulated contributions or of any
other amount or amounts to be paid to a person who is a
contributor under this chapter upon the person's withdrawal of
contributions pursuant to this chapter shall be made prior to
whichever of the following is applicable:
(a) If the person is convicted of or pleads guilty to the
charge and forfeiture is ordered under division (A) or (B) of
section 2929.192 of the Revised Code, the day on which the system
receives from the court a copy of the journal entry of the
offender's sentence under that section;
(b) If the charge against the person is dismissed, the person
is found not guilty of the charge, or the person is found not
guilty by reason of insanity of the charge, the day on which the
system receives notice of the final disposition of the charge.
(2) The system shall not process any application for payment
under this chapter from the person prior to the final disposition
of the charge.
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. 3307.56. (A)(1) Subject to
sections 3307.37 and
3307.561
of the Revised Code and except as provided in division
(B)(2) of
this section, a member participating in the plan
described in
sections 3307.50 to 3307.79 of the Revised Code who
ceases to be a teacher for
any cause
other than death, retirement,
receipt
of a disability benefit, or current employment in a
position in which the member has elected to participate in an
alternative
retirement plan
under section 3305.05 or 3305.051 of
the Revised
Code, upon application, shall be paid the
accumulated
contributions standing to the credit of the member's
individual
account in the teachers' savings fund plus an amount calculated
in
accordance with section 3307.563 of the Revised
Code. If the
member or
the member's legal
representative cannot be found within
ten years after the
member ceased making contributions pursuant to
section
3307.26 of the Revised
Code,
the accumulated
contributions
may be transferred to the guarantee fund and thereafter paid to
the member, to the member's beneficiaries,
or to the member's
estate, upon proper application.
(2) A member described in division (A)(1) of this
section
who
is married at the time of application for payment and is
eligible
for age and service retirement under section 3307.58
or
3307.59 of
the Revised
Code or would be eligible for age and service
retirement under either of those sections but for a forfeiture
ordered under division (A) or (B) of section 2929.192 of the
Revised Code shall
submit with the application a
written statement
by the member's spouse
attesting that the spouse
consents to the
payment of the member's accumulated
contributions.
Consent shall
be valid only if it is signed and witnessed by
a
notary public. If
the statement is not submitted under this
division, the
application shall be
considered an application for
service
retirement and shall be subject to
division
(G)(1) of
section
3307.60 of the Revised
Code.
The state teachers retirement board may waive the requirement
of consent if
the spouse is incapacitated or cannot be located, or
for any other reason
specified by the board. Consent or waiver is
effective only with regard to
the spouse who is the subject of the
consent or waiver.
(B) This division applies to any member who is employed in a
position in
which the member has elected under section 3305.05 or
3305.051 of
the Revised
Code to participate in an alternative
retirement plan
and due to the
election ceases
to be a teacher for
the purposes
of that position.
Subject to sections 3307.37 and
3307.561 of the
Revised Code,
the state teachers retirement system shall
do the following:
(1) On receipt of a certified copy of an election under
section 3305.05 or 3305.051 of
the Revised Code, pay, in
accordance with
section 3305.052
of the Revised Code, the amount
described in that
section to
the appropriate provider;
(2) If a member has accumulated contributions, in addition
to
those subject to division (B)(1) of this section, standing to
the
credit of a member's individual account and is not otherwise
in a
position in which the member is considered a teacher for the
purposes of that position, pay, to the provider the
member
selected pursuant to section 3305.05 or 3305.051 of the Revised
Code,
the
accumulated contributions standing to the credit of the
member's
individual account in the teachers' saving fund plus an
amount
calculated in accordance with section 3307.80 of the
Revised
Code.
The payment shall be made on the member's
application.
(C) Payment of a member's accumulated contributions under
division (B) of this section cancels the member's total service
credit in the state teachers retirement system. A member whose
accumulated
contributions are paid
to a provider pursuant to
division (B) of this
section is forever barred from claiming or
purchasing service credit under the
state teachers
retirement
system for the period of employment attributable to those
contributions.
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) 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 an order issued under
division (A) or (B) of section 2929.192 of the Revised Code or is
convicted of or pleads
guilty to a
violation of section 2921.41 of
the Revised Code, on
written
request of a prosecutor as defined in
section 2935.01 of
the
Revised Code, the board shall furnish to
the prosecutor the
information requested from the individual's
personal history
record.
(2) Pursuant to a court or administrative order issued
under
section 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. 3309.42. (A)(1) Subject to sections 3309.43 and
3309.67
of the Revised Code and except as provided in division (B)
of this
section, a member who elects to become exempt from
contribution to
the school employees retirement system pursuant to
section
3309.23
of the Revised Code, or ceases to be an employee
for any
cause
other than death, retirement, receipt of a
disability
benefit, or
current employment in a position in which
the member
has elected
to participate in an alternative retirement
plan
pursuant to
section 3305.05 or 3305.051 of the Revised Code,
shall be paid the accumulated
contributions standing to
the credit
of the member's individual
account in the employees'
savings
fund
upon application and
subject to such rules as are
established by
the school employees
retirement board and provided
three months
have elapsed since
employment, other than employment
exempt from
contribution under
division (C) of section 3309.23 of
the Revised
Code, ceased.
(2) A member described in division (A)(1) of this section who
is married at the time of application for payment and would be
eligible for age and service retirement under section 3309.34,
3309.36, or 3309.40 of the Revised Code but for a forfeiture
ordered under division (A) or (B) of section 2929.192 of the
Revised Code shall submit with the application a written statement
by the member's spouse attesting that the spouse consents to the
payment of the member's accumulated contributions. Consent shall
be valid only if it is signed and witnessed by a notary public.
The board may waive the requirement of consent if the spouse is
incapacitated or cannot be located, or for any other reason
specified by the board. Consent or waiver is effective only with
regard to the spouse who is the subject of the consent or waiver.
(B) This division applies to any member who is employed in a
position in
which the member has elected under section 3305.05 or
3305.051 of
the Revised
Code to participate in an alternative
retirement plan
and due to the
election ceases to be an
employee
for purposes of that
position.
Subject to sections 3309.43 and 3309.67 of the Revised Code,
the school employees retirement system
shall do the following:
(1) On receipt of an election under section 3305.05 or
3305.051 of the
Revised Code,
pay, in accordance with section
3305.052 of the
Revised
Code, the amount described in that section
to the
appropriate
provider;
(2) If a member has accumulated contributions, in addition
to
those subject to division (B)(1) of this section, standing to
the
credit of the member's individual account and is not otherwise
in
a position
in which the member is considered an employee
for
the
purposes of that position, pay, to the provider
the member
selected pursuant to section 3305.05 or 3305.051 of the Revised
Code, the
accumulated contributions standing to the credit of the
member's
individual account in the
employees' saving fund. The
payment
shall be made on the member's
application.
(C) Payment of a member's accumulated contributions under
this section cancels the member's total service credit
in the
school
employees retirement system. A member whose accumulated
contributions are
paid to a provider pursuant to division (B) of
this section is
forever barred from claiming or purchasing service
credit under the school
employees retirement system for the period
of employment attributable to those
contributions.
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) Notwithstanding any other provision of
this chapter, any payment of accumulated contributions standing to
a person's credit under this chapter and any other amount or
amounts to be paid to a person who is a contributor under this
chapter upon the person's withdrawal of contributions pursuant to
this chapter shall be subject to any forfeiture ordered under
division (A) or (B) of section 2929.192 of the Revised Code, and
the school employees retirement system shall comply with that
order in making the payment. Upon payment of the person's
accumulated contributions and cancellation of the corresponding
service credit, a person who is subject to the forfeiture
described in this division may not restore the canceled service
credit under this chapter or under Chapter 145., 742., 3305.,
3307., or 5505. of the Revised Code.
(B) Notwithstanding any other provision of this chapter, if
the system receives notice pursuant to section 2901.43 of the
Revised Code that a person who has accumulated contributions
standing to the person's credit pursuant to this chapter is
charged with any offense or violation listed or described in
divisions (D)(1) to (3) of section 2929.192 of the Revised Code
that is a felony in the circumstances specified in the particular
division, all of the following apply:
(1) No payment of those accumulated contributions or of any
other amount or amounts to be paid to a person who is a
contributor under this chapter upon the person's withdrawal of
contributions pursuant to this chapter shall be made prior to
whichever of the following is applicable:
(a) If the person is convicted of or pleads guilty to the
charge and forfeiture is ordered under division (A) or (B) of
section 2929.192 of the Revised Code, the day on which the system
receives from the court a copy of the journal entry of the
offender's sentence under that section;
(b) If the charge against the person is dismissed, the person
is found not guilty of the charge, or the person is found not
guilty by reason of insanity of the charge, the day on which the
system receives notice of the final disposition of the charge.
(2) The system shall not process any application for payment
under this chapter from the person prior to the final disposition
of the charge.
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 an order
issued under division (A) or (B) of section 2929.192 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.
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 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. 5505.19. Subject to section 5505.26 of the Revised
Code, a member of the
state highway patrol retirement system who
ceases to be an employee of the
state highway patrol for any cause
except death, disability, or
retirement, upon application filed in
writing with the state highway patrol
retirement board, shall be
paid the accumulated contributions, less interest,
standing to the
credit of the member's individual account in the employees'
savings fund. Except as otherwise provided in this chapter, five
years after
a member ceases to be an employee of the patrol any
balance of accumulated
contributions standing to the member's
credit in the employees' savings fund
shall be transferred to the
income fund
and after that shall be paid from that fund to the
member, or in the
case of a deceased member or retirant who dies
leaving no surviving spouse or
dependent children or parents,
shall be paid from that fund to the estate of
the deceased member
or retirant, upon application to
the board.
A member described in this section who is married at the time
of application for payment and would be eligible for age and
service retirement under section 5505.16 or 5505.17 of the Revised
Code but for a forfeiture ordered under division (A) or (B) of
section 2929.192 of the Revised Code shall submit with the
application a written statement by the member's spouse attesting
that the spouse consents to the payment of the member's
accumulated contributions. Consent shall be valid only if it is
signed and witnessed by a notary public. The board may waive the
requirement of consent if the spouse is incapacitated or cannot be
located, or for any other reason specified by the board. Consent
or waiver is effective only with regard to the spouse who is the
subject of the consent or waiver.
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) Notwithstanding any other provision of
this chapter, any payment of accumulated contributions standing to
a person's credit under this chapter and any other amount or
amounts to be paid to a person who is a contributor under this
chapter upon the person's withdrawal of contributions pursuant to
this chapter shall be subject to any forfeiture ordered under
division (A) or (B) of section 2929.192 of the Revised Code, and
the state highway patrol retirement system shall comply with that
order in making the payment. Upon payment of the person's
accumulated contributions and cancellation of the corresponding
service credit, a person who is subject to the forfeiture
described in this division may not restore the canceled service
credit under this chapter or under Chapter 145., 742., 3305.,
3307., or 3309. of the Revised Code.
(B) Notwithstanding any other provision of this chapter, if
the system receives notice pursuant to section 2901.43 of the
Revised Code that a person who has accumulated contributions
standing to the person's credit pursuant to this chapter is
charged with any offense or violation listed or described in
divisions (D)(1) to (3) of section 2929.192 of the Revised Code
that is a felony in the circumstances specified in the particular
division, all of the following apply:
(1) No payment of those accumulated contributions or of any
other amount or amounts to be paid to a person who is a
contributor under this chapter upon the person's withdrawal of
contributions pursuant to this chapter shall be made prior to
whichever of the following is applicable:
(a) If the person is convicted of or pleads guilty to the
charge and forfeiture is ordered under division (A) or (B) of
section 2929.192 of the Revised Code, the day on which the system
receives from the court a copy of the journal entry of the
offender's sentence under that section;
(b) If the charge against the person is dismissed, the person
is found not guilty of the charge, or the person is found not
guilty by reason of insanity of the charge, the day on which the
system receives notice of the final disposition of the charge.
(2) The system shall not process any application for payment
under this chapter from the person prior to the final disposition
of the charge.
SECTION 2. That existing sections 145.27, 145.40, 145.56,
145.82,
145.95, 742.37, 742.41, 742.47, 2329.66, 2967.16,
2967.17, 3305.07,
3307.20, 3307.41, 3307.56, 3309.22, 3309.42,
3309.66, 3309.82, 3309.95, 5505.04, 5505.19, and
5505.22 of the
Revised Code are hereby repealed.
SECTION 3. (A) Notwithstanding
division (D)(3) of section
121.41 of the Revised Code, the
Inspector General shall
investigate the management and operation
of the Office of the
Attorney General to determine whether
misconduct or wrongful acts
or omissions have been committed or
are being committed by the
Attorney General or by present or
former employees of or
contractors with the Office of the Attorney
General. ("Wrongful
act or omission" has the meaning defined in
division (G) of
section 121.41 of the Revised Code.) In conducting
the
investigation:
(1) The Inspector General and each deputy inspector general
may administer oaths, examine witnesses under oath, and issue
subpoenas and subpoenas duces tecum to compel the attendance of
witnesses and the production of all kinds of books, records,
papers, and tangible things. Upon the refusal of a witness to be
sworn or to answer any question put to the witness, or if a person
disobeys a subpoena, the Inspector General shall apply to the
court of common pleas for a contempt order, as in the case of
disobedience to the requirements of a subpoena issued from the
court of common pleas, or a refusal to testify in the court.
(2) The Inspector General shall identify other state officers
and agencies that also are conducting contemporaneous
investigations, audits, reviews, or evaluations of the Office of
the Attorney General. The Inspector General is entitled to
coordinate and manage these investigations, audits, reviews, and
evaluations. A state officer or agency that is conducting such an
investigation, audit, review, or evaluation shall cooperate with
the Inspector General in this regard. The Inspector General and
each state officer or agency that is conducting such an
investigation, audit, review, or evaluation shall share
information and avoid duplication of effort.
(B) At the conclusion of
the investigation, the Inspector
General shall prepare a detailed
final report of
the results of
the investigation. The Inspector
General shall
submit the final
report to the Governor, to the
Speaker of the House of
Representatives, and to the President of
the Senate. The
authority vested in the Inspector General by this
section
terminates when the final report has been submitted.
(C) The Inspector General may enter into any contracts that
are necessary to complete the investigation. The contracts may
include contracts for the services of persons who are experts in a
particular field and whose expertise is necessary to successful
completion of the investigation.
SECTION 4. That Section 305.10 of Am. Sub. H.B. 119 of the
127th General Assembly be amended to read as follows:
Sec. 305.10. IGO OFFICE OF THE INSPECTOR GENERAL
General Revenue Fund
GRF |
965-321 |
|
Operating Expenses |
|
$ |
1,367,372 1,617,372 |
|
$ |
1,437,901 |
TOTAL GRF General Revenue Fund |
|
$ |
1,367,372 1,617,372 |
|
$ |
1,437,901 |
General Services Fund Group
4Z3 |
965-602 |
|
Special Investigations |
|
$ |
425,000 |
|
$ |
425,000 |
TOTAL GSF General Services Fund Group |
|
$ |
425,000 |
|
$ |
425,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,792,372 2,042,372 |
|
$ |
1,862,901 |
INVESTIGATION OF OFFICE OF ATTORNEY GENERAL
Of the foregoing appropriation item 965-321, Operating
Expenses, $250,000 in fiscal year 2008 shall be used to conduct an
investigation of the Office of the Attorney General under Section
3 of this act. On or before June 30, 2008, any unencumbered
amounts allocated for the investigation of the Office of the
Attorney General are appropriated for the same purpose in fiscal
year 2009.
SECTION 5. That existing Section 305.10 of Am. Sub. H.B. 119
of the 127th General Assembly is hereby repealed.
SECTION 6. 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.
SECTION 7. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity lies in
the fact that it is essential that an investigation, conducted and
coordinated by the Inspector General, commence as soon as possible
to investigate alleged misconduct and wrongful acts and omissions
in the Office of the Attorney General. Therefore, this act shall
go into immediate effect.
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