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Sub. S. B. No. 3 As Reported by the Senate Judiciary--Criminal Justice CommitteeAs Reported by the Senate Judiciary--Criminal Justice Committee
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Schaffer, Stivers, Jacobson, Carey, Grendell, Schuring
A BILL
To amend sections 145.27, 145.56, 145.82, 145.95, 742.41, 742.47, 2329.66, 2967.16, 2967.17, 3305.07, 3307.20, 3307.41, 3309.22, 3309.66, 3309.82, 3309.95, 5505.04, 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 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 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, and the termination of any current registration of, a legislative agent, retirement system lobbyist, or executive agency lobbyist upon a person convicted of certain felonies.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 145.27, 145.56, 145.82, 145.95, 742.41, 742.47, 2329.66, 2967.16, 2967.17, 3305.07, 3307.20, 3307.41, 3309.22, 3309.66, 3309.82, 3309.95, 5505.04, 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. 145.56. 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. 742.41. (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.
(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. 3307.732. (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. 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. 3309.66. 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. 5505.22. 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, 145.56, 145.82, 145.95, 742.41, 742.47, 2329.66, 2967.16, 2967.17, 3305.07, 3307.20, 3307.41, 3309.22, 3309.66, 3309.82, 3309.95, 5505.04, and 5505.22 of the Revised Code are hereby repealed.
Section 3. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the following sections, presented in this act as composites of the sections as amended by the acts indicated, are the resulting versions of the sections in effect prior to the effective date of the sections as presented in this act:
Section 742.47 of the Revised Code as amended by both Sub. H.B. 535 and Am. Sub. S.B. 180 of the 123rd General Assembly.
Section 3307.41 of the Revised Code as amended by both Sub. H.B. 535 and Am. Sub. S.B. 180 of the 123rd General Assembly.
Section 3309.66 of the Revised Code as amended by Sub. H.B. 535, Am. Sub. S.B. 180, and Sub. S.B. 270 of the 123rd General Assembly.
Section 5505.22 of the Revised Code as amended by both Sub. H.B. 535 and Am. Sub. S.B. 180 of the 123rd General Assembly.
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