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Am. Sub. S. B. No. 219 As Reported by the House Financial Institutions, Real Estate and Securities CommitteeAs Reported by the House Financial Institutions, Real Estate and Securities Committee
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Senators Schaffer, Wagoner, Buehrer, Cafaro, Cates, Faber, Fedor, Gibbs, Harris, Hughes, Husted, Miller, D., Miller, R., Morano, Niehaus, Turner, Wilson
Representatives Dyer, Fende, Koziura, Garland, Belcher, Evans
A BILL
To amend sections 145.27, 145.56, 145.561, 145.82,
145.95, 742.41, 742.46, 742.47, 742.64, 2329.66,
2929.192, 3305.07, 3305.08, 3305.20, 3305.22,
3307.20, 3307.41, 3307.42, 3309.22, 3309.66,
3309.661, 3309.82, 3309.95, 5505.04, 5505.22, and
5505.34 and to enact sections 145.573, 742.464,
2929.193, 3305.12, 3307.373, 3309.673, and
5505.263 of the Revised Code regarding termination
of the disability benefit of a state retirement
system member convicted of certain felonies
committed while serving in a position of honor,
trust, or profit.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 145.27, 145.56, 145.561, 145.82,
145.95, 742.41, 742.46, 742.47, 742.64, 2329.66, 2929.192,
3305.07, 3305.08, 3305.20, 3305.22, 3307.20, 3307.41, 3307.42,
3309.22, 3309.66, 3309.661, 3309.82, 3309.95, 5505.04, 5505.22,
and 5505.34 be amended and sections 145.573, 742.464, 2929.193,
3305.12, 3307.373, 3309.673, and 5505.263 of the Revised Code be
enacted to read as follows:
Sec. 145.27. (A)(1) As used in this division, "personal
history record" means information maintained by the public
employees retirement board on an individual who is a member,
former member, contributor, former contributor, retirant, or
beneficiary that includes the address, telephone number, social
security number, record of contributions, correspondence with the
public employees retirement system, or other information the board
determines to be confidential.
(2) The records of the board shall be open to public
inspection, except that the following shall be excluded, except
with the written authorization of the individual concerned:
(a) The individual's statement of previous service and other
information as provided for in section 145.16 of the Revised Code;
(b) The amount of a monthly allowance or benefit paid to the
individual;
(c) The individual's personal history record.
(B) All medical reports and recommendations required by this
chapter are privileged, except that copies as follows:
(1) 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.
(2) Documentation required by section 2929.193 of the Revised
Code shall be provided to a court holding a hearing under that
section.
(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 division
(D)(6) of this section is a public record.
(7) The system shall provide the notice required by section
145.573 of the Revised Code to the prosecutor assigned to the
case.
(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, 145.573, 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. 145.561. The Except as provided in section 145.573 of
the Revised Code, the granting of a retirement allowance, annuity,
pension, or other benefit to any person pursuant to action of the
public employees retirement board vests a right in such person, so
long as he the person remains the recipient of any benefit of the
funds established by section 145.23 of the Revised Code, to
receive such retirement allowance, annuity, pension, or other
benefit at the rate fixed at the time of granting such retirement
allowance, annuity, pension, or other benefit. Such right shall
also be vested with equal effect in the recipient of a grant
heretofore made from any of the funds named in section 145.23 of
the Revised Code.
Sec. 145.573. Notwithstanding any other provision of this
chapter, a disability benefit granted under this chapter is
subject to an order issued under section 2929.193 of the Revised
Code. The public employees retirement board shall comply with the
order.
On receipt of notice under section 2901.43 of the Revised
Code that a public employees retirement system member is charged
with an offense listed in division (D) of section 2929.192 of the
Revised Code under the circumstances specified in that division,
the system shall determine whether the member has been granted a
disability benefit. If so, the system shall send written notice to
the prosecutor assigned to the case that the member has been
granted a disability benefit under this chapter and may be subject
to section 2929.193 of the Revised Code.
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,
145.573, 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, 145.57,
and 145.572, and 145.573 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 as follows:
(1) 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.
(2) Documentation required by section 2929.193 of the Revised
Code shall be provided to a court holding a hearing under that
section.
(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.
(7) The fund shall provide the notice required by section
742.464 of the Revised Code to the prosecutor assigned to the
case.
(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. 742.46. The Except as provided in section 742.464 of
the Revised Code, the granting of a benefit or pension to any
person under sections 742.01 to 742.61 of the Revised Code, other
than a person participating in the deferred retirement option plan
established under section 742.43 of the Revised Code, vests a
right in such person to obtain and receive the amount of such
benefit or pension granted to the person subject to sections
742.01 to 742.61 of the Revised Code. Subject to section sections
742.444
and 742.464 of the Revised Code, a person participating in
the deferred retirement option plan vests in the right to obtain
and receive the amount accrued to the benefit of the person when
the person ceases participating in the plan.
Such right may be enforced by an action in mandamus
instituted in the court of common pleas in the county in which the
person granted such benefit or pension resides.
Sec. 742.464. Notwithstanding any other provision of this
chapter, a disability benefit granted under this chapter is
subject to an order issued under section 2929.193 of the Revised
Code. The board of trustees of the Ohio police and fire pension
fund shall comply with the order.
On receipt of notice under section 2901.43 of the Revised
Code that an Ohio police and fire pension fund member is charged
with an offense listed in division (D) of section 2929.192 of the
Revised Code under the circumstances specified in that division,
the fund shall determine whether the member has been granted a
disability benefit. If so, the fund shall send written notice to
the prosecutor assigned to the case that the member has been
granted a disability benefit under this chapter and may be subject
to section 2929.193 of the Revised Code.
Sec. 742.47. Except as provided in sections 742.461,
742.463,
742.464, 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. 742.64. As used in this section, "alternate payee,"
"benefit," and "lump sum payment" have the same meanings as in
section 3105.80 of the Revised Code.
If a person who is a disability benefit recipient or an
alternate payee, as defined in section 3105.80 of the Revised
Code, is paid any amount from a benefit or
lump sum payment under
an order issued under section 3105.171 or 3105.65 of the Revised
Code by the Ohio police and fire pension fund to which the person
is not entitled, the person shall repay the fund. If the person
fails to repay, the fund shall withhold the amount due from any
benefit or payment due the person
under the order or may collect
the amount in any other manner provided by law.
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 twenty
thousand two hundred dollars, in the exempted property.
(b) In the case of all other judgments and orders, the
person's interest, not to exceed twenty thousand two hundred
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 three thousand two
hundred twenty-five dollars, in one motor vehicle;
(3) 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, other than personal earnings.
(4)(a) The person's interest, not to exceed five hundred
twenty-five dollars in any particular item or ten thousand seven
hundred seventy-five dollars in aggregate value, in household
furnishings, household goods, wearing apparel, 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;
(b) The person's aggregate interest in one or more items of
jewelry, not to exceed one thousand three hundred fifty dollars,
held primarily for the personal, family, or household use of the
person or any of the person's dependents.
(5) The person's interest, not to exceed an aggregate of two
thousand twenty-five 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;
(g) Payments under section 24 or 32 of the "Internal Revenue
Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended.
(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, 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 in cases in which an order was
issued under 2929.193 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
twenty thousand two hundred 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
or the person's rights in a partnership pursuant to section
1776.50 of the Revised Code, except as otherwise set forth in
section 1776.50 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 aggregate interest in any property, not to
exceed one thousand seventy-five dollars, except that division
(A)(18) of this section applies only in bankruptcy proceedings.
(B) On April 1, 2010, and on the first day of April in each
third calendar year after 2010, each dollar amount set forth in
this section shall be adjusted, when determining the amount that
is exempt from execution, garnishment, attachment, or sale
pursuant to this section, to reflect the change in the consumer
price index for all urban consumers, as published by the United
States department of labor, or, if that index is no longer
published, a generally available comparable index, for the
three-year period ending on the thirty-first day of December of
the preceding year. Any adjustments required by this division
shall be rounded to the nearest twenty-five dollars.
(C) 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 (C)(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 (C)(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.
(D) 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 (D)(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. 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 May 13,
2008, 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 May 13, 2008, 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 May 13, 2008," 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 May 13, 2008.
(F) As used in this section:
(1) "Position (a) For the period beginning May 13, 2008, and
ending the day before the effective date of this amendment,
"position of honor, trust, or profit" means any of the following:
(a)(i) An elective office of the state or any political
subdivision of the state;
(b)(ii) A position on any board or commission of the state
that is appointed by the governor or the attorney general;
(c)(iii) 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)(iv) A position as a prosecutor, as defined in section
2935.01 of the Revised Code;
(e)(v) 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.
(b) On and after the effective date of this amendment,
"position of honor, trust, or profit" has the same meaning as in
division (F)(1)(a) of this section, except that it also includes a
position in which, in the course of public employment, an employee
has control over the expenditure of public funds of one hundred
thousand dollars or more annually.
(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. 2929.193. (A) As used in this section:
(1) "Position of honor, trust, or profit" has the same
meaning as in division (F)(1)(b) of section 2929.192 of the
Revised Code.
(2) "Public retirement system," "alternative retirement
plan," and "prosecutor" have the same meanings as in section
2907.15 of the Revised Code.
(B) This section applies to an offender to whom all of the
following apply:
(1) The offender is being sentenced for an offense listed in
division (D) of section 2929.192 of the Revised Code that is a
felony and was committed on or after the effective date of this
section.
(2) The offense was committed while the offender was serving
in a position of honor, trust, or profit.
(3) At the time of the offense, the offender was one of the
following:
(a) A member of a public retirement system;
(b) A contributor to a public retirement system receiving or
eligible to receive a benefit under section 145.384, 742.26,
3307.352, or 3309.344 of the Revised Code;
(c) A participant in an alternative retirement plan.
(4) Prior to the final disposition of the case, the offender
was granted a disability benefit by a public retirement system or
an alternative retirement plan provider.
(C)(1) Prior to sentencing an offender subject to this
section, the court shall hold a hearing regarding the condition
for which the offender was granted a disability benefit. Not later
than ten days prior to the scheduled date of the hearing, the
court shall give written notice of the hearing to the offender,
the prosecutor who handled the case, and the appropriate public
retirement system, alternative retirement plan provider, or, if
more than one is providing a disability benefit, the applicable
combination of these. The hearing shall be limited to a
consideration of whether the offender's disabling condition arose
out of the commission of the offense the offender was convicted of
or pleaded guilty to.
The system or provider shall submit to the court the
offender's medical reports and recommendations, and the offender's
disability application. If the court determines based on those
documents that the disabling condition arose out of the commission
of the offense the offender was convicted of or pleaded guilty to,
the court shall order the system or provider to terminate the
disability benefit.
(2) Any disability benefit paid the offender prior to its
termination may be recovered in accordance with section 145.563,
742.64, 3305.22, 3307.47, 3309.70, or 5505.34 of the Revised Code.
(D) For purposes 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 offender's accountability for the
course of conduct or for one or more of the multiple acts
continues on or after the effective date of this section.
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, 3305.09, and 3305.11, and 3305.12 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. 3305.08. Any payment, benefit, or other right accruing
to any electing employee under a contract entered into for
purposes of an alternative retirement plan and all moneys,
investments, and income of those contracts are exempt from any
state tax, except the tax imposed by section 5747.02 of the
Revised Code, 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 3305.09, and 3305.12 of the Revised Code, shall not
be subject to execution, garnishment, attachment, the operation of
bankruptcy or the insolvency law, or other process of law, and
shall be unassignable except as specifically provided in this
section and sections 3105.171, 3105.65, 3119.80, 3119.81, 3121.02,
3121.03, 3115.32, and 3123.06 of the Revised Code or in any
contract the electing employee has entered into for purposes of an
alternative retirement plan.
Sec. 3305.12. Notwithstanding any other provision of an
alternative retirement plan provided under this chapter, a
disability benefit granted under the alternative retirement plan
is subject to an order issued under section 2929.193 of the
Revised Code. The entity providing the alternative retirement plan
shall comply with the order.
On receipt of notice under section 2901.43 of the Revised
Code that an alternative retirement plan participant is charged
with an offense listed in division (D) of section 2929.192 of the
Revised Code under the circumstances specified in that division,
the entity shall determine whether the participant has been
granted a disability benefit. If so, the entity shall send written
notice to the prosecutor assigned to the case that the participant
has been granted a disability benefit under an alternative
retirement plan and may be subject to section 2929.193 of the
Revised Code.
Sec. 3305.20. As used in this section, "personal history
record" means information maintained by the entity providing an
alternative retirement plan on an individual who participates in
the plan that includes the address, telephone number, social
security number, record of contributions, correspondence with the
plan, or other information the entity providing the plan
determines to be confidential.
The entity shall comply with orders issued under section
3105.87 of the Revised Code requiring it to provide information
from a participant's personal history record.
On The entity shall furnish information as follows:
(A) On the written request of an alternate payee, as defined
in section 3105.80 of the Revised Code, the entity providing the
alternative retirement plan shall furnish to the alternate payee
information on the amount and status of any amounts payable to the
alternate payee under an order issued under section 3105.171 or
3105.65 of the Revised Code.
(B) The notice required by section 3305.12 of the Revised
Code shall be provided to the prosecutor assigned to the case.
(C) Documentation required by section 2929.193 of the Revised
Code shall be provided to a court holding a hearing under that
section.
Sec. 3305.22. As used in this section, "alternate payee" has
the same meaning as in section 3105.80 of the Revised Code.
If a person who is a disability benefit recipient or an
alternate payee, as defined in section 3105.80 of the Revised
Code, is paid any amount
under an order issued under section
3105.171 or 3105.65 of the Revised Code to which the person is not
entitled by an entity providing an alternative retirement plan,
the person shall repay the entity. If the person fails to repay,
the entity shall withhold the amount from any
benefit or payment
due the person under the order or may collect the amount in any
other manner provided by law.
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 as follows:
(1) 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.
(2) Documentation required by section 2929.193 of the Revised
Code shall be provided to a court holding a hearing under that
section.
(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.
(7) The system shall provide the notice required by section
3307.373 of the Revised Code to the prosecutor assigned to the
case.
(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. 3307.373. Notwithstanding any other provision of this
chapter, a disability benefit granted under this chapter is
subject to an order issued under section 2929.193 of the Revised
Code. The state teachers retirement board shall comply with the
order.
On receipt of notice under section 2901.43 of the Revised
Code that a state teachers retirement system member is charged
with an offense listed in division (D) of section 2929.192 of the
Revised Code under the circumstances specified in that division,
the system shall determine whether the member has been granted a
disability benefit. If so, the system shall send written notice to
the prosecutor assigned to the case that the member has been
granted a disability benefit under this chapter and may be subject
to section 2929.193 of the Revised Code.
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, 3307.37, and 3307.372, and 3307.373 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, 3115.32, 3119.80, 3119.81, 3121.02, 3121.03, and 3123.06
of the Revised Code.
Sec. 3307.42. The Except as provided in section 3307.373 of
the Revised Code, the granting to any person of an allowance,
annuity, or pension, as defined in section
or other benefit under
the plan described in sections 3307.50 to 3307.79 of the Revised
Code, or the granting of a benefit under a plan established under
section 3307.81 of the Revised Code, pursuant to an action of the
state teachers' retirement board vests a right in such person, so
long as the person remains the beneficiary of any of the funds
established by section 3307.14 of the Revised Code, to receive the
allowance, annuity, pension, or benefit at the rate fixed at the
time of granting the allowance, annuity, pension, or benefit. Such
right shall also be vested with equal effect in the beneficiary of
a grant heretofore made from any of the funds named in section
3307.14 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 as follows:
(1) 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.
(2) Documentation required by section 2929.193 of the Revised
Code shall be provided to a court holding a hearing under that
section.
(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.
(7) The system shall provide the notice required by section
3309.673 of the Revised Code to the prosecutor assigned to the
case.
(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, 3309.67, and 3309.672, and 3309.673 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 and in sections 3105.171,
3105.65, 3115.32, 3119.80, 3119.81, 3121.02, 3121.03, and 3123.06
of the Revised Code.
Sec. 3309.661. The Except as provided in section 3309.673 of
the Revised Code, the granting of a retirement allowance, annuity,
pension, or other benefit to any person pursuant to action of the
school employees retirement board vests a right in such person, so
long as he the person remains the recipient of any of the funds
established by section 3309.60 of the Revised Code, to receive
such retirement allowance, annuity, pension, or benefit. Such
right shall also be vested with equal effect in the recipient of a
grant heretofore made from any of the funds named in section
3309.60 of the Revised Code.
Sec. 3309.673. Notwithstanding any other provision of this
chapter, a disability benefit granted under this chapter is
subject to an order issued under section 2929.193 of the Revised
Code. The school employees retirement board shall comply with the
order.
On receipt of notice under section 2901.43 of the Revised
Code that a school employees retirement system member is charged
with any offense or violation listed in division (D) of section
2929.192 of the Revised Code under the circumstances specified in
that division, the system shall determine whether the member has
been granted a disability benefit. If so, the system shall send
written notice to the prosecutor assigned to the case that the
member has been granted a disability benefit under this chapter
and may be subject to section 2929.193 of the Revised Code.
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,
3309.673, 3309.68, and 3309.70 of the Revised Code.
Sec. 3309.95. Subject to sections 3309.341, 3309.66,
3309.67, and 3309.672, and 3309.673 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
(D) All medical reports and recommendations are privileged
except that copies as follows:
(1) 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)(2) Documentation required by section 2929.193 of the
Revised Code shall be provided to a court holding a hearing under
that section.
(E) 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.
(7) The system shall provide the notice required by section
5505.263 of the Revised Code to the prosecutor assigned to the
case.
(E)(F) 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, 5505.26, and
5505.262, and 5505.263 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. 5505.263. Notwithstanding any other provision of this
chapter, a disability benefit granted under this chapter is
subject to an order issued under section 2929.193 of the Revised
Code. The state highway patrol retirement board shall comply with
the order.
On receipt of notice under section 2901.43 of the Revised
Code that a state highway patrol retirement system member is
charged with an offense listed in division (D) of section 2929.192
of the Revised Code under the circumstances specified in that
division, the system shall determine whether the member has been
granted a disability benefit. If so, the system shall send written
notice to the prosecutor assigned to the case that the member has
been granted a disability benefit under this chapter and may be
subject to section 2929.193 of the Revised Code.
Sec. 5505.34. As used in this section, "alternate payee,"
"benefit," and "lump sum payment" have the same meanings as in
section 3105.80 of the Revised Code.
If a person who is a disability benefit recipient or an
alternate payee, as defined in section 3105.80 of the Revised
Code, is paid any amount from a benefit or
lump sum payment under
an order issued under section 3105.171 or 3105.65 of the Revised
Code by the state highway patrol retirement system to which the
person is not entitled, the person shall repay the retirement
system. If the person fails to repay, the retirement system shall
withhold the amount due from any benefit or payment due the person
under the order or may collect the amount in any other manner
provided by law.
Section 2. That existing sections 145.27, 145.56, 145.561,
145.82, 145.95, 742.41, 742.46, 742.47, 742.64, 2329.66, 2929.192,
3305.07, 3305.08, 3305.20, 3305.22, 3307.20, 3307.41, 3307.42,
3309.22, 3309.66, 3309.661, 3309.82, 3309.95, 5505.04, 5505.22,
and 5505.34 of the Revised Code are hereby repealed.
Section 3. Section 2329.66 of the Revised Code is presented
in this act as a composite of the section as amended by Sub. H.B
332, Sub. S.B. 3, and Sub. S.B. 281 of the 127th General Assembly.
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 composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.
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