To amend sections 145.56, 145.95, 742.47, 2967.16, 2967.17, 3307.41, 3309.66, 3309.95, and 5505.22 and to enact sections 145.572, 742.463, 2907.151, 3307.372, 3309.672, and 5505.262 of the Revised Code to provide that the privilege of holding a position of honor, trust, or profit that is forfeited by reason of conviction of a felony is not restored on completion of a prison term, period of community control sanctions or pardon or release by the Adult Parole Authority and to provide that the office holder will forfeit the portion of any state retirement benefit that is based on employer contributions.

Section 1. That sections 145.56, 145.95, 742.47, 2967.16, 2967.17, 3307.41, 3309.66, 3309.95, and 5505.22 be amended and sections 145.572, 742.463, 2907.151, 3307.372, 3309.672, and 5505.262 of the Revised Code be enacted to read as follows:

Sec. 145.56.  The right of an individual to a pension, an annuity, or a retirement allowance itself, the right of an individual to any optional benefit, any other right accrued or accruing to any individual, under this chapter, or under any municipal retirement system established subject to this chapter under the laws of this state or any charter, the various funds created by this chapter, or under such municipal retirement system, and all moneys, investments, and income from moneys or investments are exempt from any state tax, except the tax imposed by section 5747.02 of the Revised Code and are exempt from any county, municipal, or other local tax, except taxes imposed pursuant to section 5748.02 or 5748.08 of the Revised Code and, except as provided in sections 145.57, 145.572, 3105.171, 3105.65, and 3115.32 and Chapters 3119., 3121., 3123., and 3125. of the Revised Code, shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency laws, or other process of law whatsoever, and shall be unassignable except as specifically provided in this chapter and sections 3105.171, 3105.65, and 3115.32 and Chapters 3119., 3121., 3123., and 3125. of the Revised Code.

Sec. 145.572. (A) As used in this section:

(1) "Position of honor, trust, or profit" has the same meaning as in section 2967.16 of the Revised Code.

(2) "Accumulated contributions" has the same meaning as in section 145.01 of the Revised Code, but also includes employee contributions made under section 145.85 of the Revised Code and any earnings on those contributions.

(B) A public employees retirement system member who pleads guilty to or is convicted of a felony under the laws of any jurisdiction committed while serving in a position of honor, trust, or profit shall forfeit to the public employees retirement system the right to a retirement allowance or disability benefit or any other right or benefit under this chapter earned by reason of being a member of the retirement system other than the member's accumulated contributions. In the case of a member subject to withholding under section 145.57 of the Revised Code for the purpose of restitution, forfeiture shall commence immediately following the completion of restitution.

(C) If the public employees retirement board receives notice pursuant to section 2907.151 of the Revised Code or has knowledge that a member is charged with a felony committed while serving in a position of honor, trust, or profit, the board shall make no payment of any allowance, benefit, or accumulated contributions under this chapter prior to the final disposition of the felony charge. Payments suspended under this division shall not resume unless the charge is dismissed or the member is found not guilty or not guilty by reason of insanity.

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. 742.463. (A) As used in this section:

(1) "Position of honor, trust, or profit" has the same meaning as in section 2967.16 of the Revised Code.

(2) "Accumulated contributions" means the amount payable to a member under division (G) of section 742.37 of the Revised Code.

(B) An Ohio police and fire pension fund member who pleads guilty to or is convicted of a felony under the laws of any jurisdiction committed while serving in a position of honor, trust, or profit shall forfeit to the Ohio police and fire pension fund the right to a pension or disability benefit or any other right or benefit under this chapter earned by reason of being a member of the fund other than the member's accumulated contributions. In the case of a member subject to withholding under section 742.461 of the Revised Code for the purpose of restitution, forfeiture shall commence immediately following the completion of restitution.

(C) If the Ohio police and fire pension fund board receives notice pursuant to section 2907.151 of the Revised Code or has knowledge that a member is charged with a felony committed while serving in a position of honor, trust, or profit, the board shall make no payment of any pension, benefit, or accumulated contributions under this chapter prior to the final disposition of the felony charge. Payments suspended under this division shall not resume unless the charge is dismissed or the member is found not guilty or not guilty by reason of insanity.

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. 2907.151. "Public retirement system" and "prosecutor" have the same meaning as in section 2907.15 of the Revised Code.

"Position of honor, trust, or profit" has the same meaning as in section 2967.16 of the Revised Code.

If the prosecutor of a felony case has knowledge that the person charged holds a position of honor, trust, or profit, the prosecutor shall notify the board of any public retirement system of which the person is a member.

The notice shall be made on a form prescribed and provided by the applicable public retirement system board. The report shall include the name and address of the person charged, the charge, and the certified court documents recording the action.

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)(1) As used in this division, "position of honor, trust, or profit" means an elective office of the state or any political subdivision thereof.

(2) The following prisoners or person shall be restored to the rights and privileges forfeited by a conviction except the privilege of holding an office of honor, trust, or profit:

(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.

(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) As used in this division, "position of honor, trust, or profit" means an elective office of the state or any political subdivision thereof.

(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 privileges of holding an office of honor, trust, or profit and 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.

Sec. 3307.372. (A) As used in this section:

(1) "Position of honor, trust, or profit" has the same meaning as in section 2967.16 of the Revised Code.

(2) "Accumulated contributions" has the same meaning as in section 3307.50 of the Revised Code, but also includes any employee contributions made under section 3307.26 of the Revised Code to participate in a plan established under section 3307.81 of the Revised Code and any earnings on those contributions.

(B) A state teachers retirement system member who pleads guilty to or is convicted of a felony under the laws of any jurisdiction committed while serving in a position of honor, trust, or profit shall forfeit to the state teachers retirement system the right to a retirement allowance or disability benefit or any other right or benefit under this chapter that was earned by reason of being a member of the retirement system other than the member's accumulated contributions. In the case of a member subject to withholding under section 3307.37 of the Revised Code for the purpose of restitution, forfeiture shall commence immediately following the completion of restitution.

(C) If the state teachers retirement board receives notice pursuant to section 2907.151 of the Revised Code or has knowledge that a member is charged with a felony committed while serving in a position of honor, trust, or profit, the board shall make no payment of any allowance, benefit, or accumulated contributions under this chapter prior to the final disposition of the felony charge. Payments suspended under this division shall not resume unless the charge is dismissed or the member is found not guilty or not guilty by reason of insanity.

Sec. 3307.41.  The right of an individual to a pension, an annuity, or a retirement allowance itself, the right of an individual to any optional benefit, or any other right or benefit accrued or accruing to any individual under this chapter, the various funds created by section 3307.14 of the Revised Code, and all moneys, investments, and income from moneys or investments are exempt from any state tax, except the tax imposed by section 5747.02 of the Revised Code, and are exempt from any county, municipal, or other local tax, except taxes imposed pursuant to section 5748.02 or 5748.08 of the Revised Code, and, except as provided in sections 3105.171, 3105.65, 3115.32, 3119.80, 3119.81, 3121.02, 3121.03, 3123.06, and 3307.37, and 3307.372 of the Revised Code, shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency laws, or any other process of law whatsoever, and shall be unassignable except as specifically provided in this chapter or sections 3105.171, 3105.65,,, and 3115.32, 3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 of the Revised Code.

Sec. 3309.66.  The right of an individual to a pension, an annuity, or a retirement allowance itself, the right of an individual to any optional benefit, any other right accrued or accruing to any individual under this chapter, the various funds created by section 3309.60 of the Revised Code, and all moneys, investments, and income from moneys and investments are exempt from any state tax, except the tax imposed by section 5747.02 of the Revised Code, and are exempt from any county, municipal, or other local tax, except taxes imposed pursuant to section 5748.02 or 5748.08 of the Revised Code, and, except as provided in sections 3105.171, 3105.65, 3115.32, 3119.80, 3119.81, 3121.02, 3121.03, 3123.06, and 3309.67, and 3309.672 of the Revised Code, shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency laws, or any other process of law whatsoever, and shall be unassignable except as specifically provided in this chapter or and in sections and 3105.171, 3105.65, 3115.32, 3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 of the Revised Code.

Sec. 3309.672. (A) As used in this section:

(1) "Position of honor, trust, or profit" has the same meaning as in section 2967.16 of the Revised Code.

(2) "Accumulated contributions" has the same meaning as in section 3309.01 of the Revised Code, but also includes any employee contributions made under section 3309.85 of the Revised Code and any earnings on those contributions.

(B) A school employees retirement system member who pleads guilty to or is convicted of any felony under the laws of any jurisdiction committed while serving in a position of honor, trust, or profit shall forfeit to the school employees retirement system the right to a retirement allowance or disability benefit or any other right or benefit under this chapter that was earned by reason of being a member of the retirement system other than the member's accumulated contributions. In the case of a member subject to withholding under section 3309.67 of the Revised Code for the purpose of restitution, forfeiture shall commence immediately following the completion of restitution.

(C) If the school employees retirement board receives notice pursuant to section 2907.151 of the Revised Code or has knowledge that a member is charged with a felony committed while serving in a position of honor, trust, or profit, the board shall make no payment of any allowance, benefit, or accumulated contributions under this chapter prior to the final disposition of the felony charge. Payments suspended under this division shall not resume unless the charge is dismissed or the person is found not guilty or not guilty by reason of insanity.

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. 5505.22.  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) As used in this section, "position of honor, trust, or profit" has the same meaning as in section 2967.16 of the Revised Code.

(B) A state highway patrol retirement system member who pleads guilty to or is convicted of a felony under the laws of any jurisdiction committed while serving in a position of honor, trust, or profit shall forfeit to the state highway patrol retirement system the right to a pension or disability benefit or any other right or benefit under this chapter earned by reason of being a member of the retirement system other than the member's accumulated contributions. In the case of a member subject to withholding under section 5505.26 of the Revised Code for the purpose of restitution, forfeiture shall commence immediately following the completion of restitution.

(C) If the state highway patrol retirement board receives notice pursuant to section 2907.151 of the Revised Code or has knowledge that a member is charged with a felony committed while serving in a position of honor, trust, or profit, the board shall make no payment of any pension, benefit, or accumulated contributions under this chapter prior to the final disposition of the felony charge. Payments suspended under this division shall not resume unless the charge is dismissed or the person is found not guilty or not guilty by reason of insanity.

Section 2. That existing sections 145.56, 145.95, 742.47, 2967.16, 2967.17, 3307.41, 3309.66, 3309.95, and 5505.22 of the Revised Code are hereby repealed.

Section 3. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the following sections, presented in this act as composites of the sections as amended by the acts indicated, are the resulting versions of the sections in effect prior to the effective date of the sections as presented in this act:

Section 742.47 of the Revised Code as amended by both Sub. H.B. 535 and Am. Sub. S.B. 180 of the 123th 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 123th 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 123th 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 123th General Assembly.