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Am. H. B. No. 323 As Reported by the House Criminal Justice CommitteeAs Reported by the House Criminal Justice Committee
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Dovilla, Anielski
Cosponsors:
Representatives Baker, Henne, Newbold, Boose, Slaby, Hayes, Bubp, Uecker, Sprague
A BILL
To amend sections 145.572, 145.573, 742.463, 742.464,
2901.43, 2929.192, 2929.193, 3305.11, 3305.12,
3307.372, 3307.373, 3309.672, 3309.673, 5505.262,
and 5505.263 of the Revised Code to add extortion
and perjury to the felonies committed by a public
retirement system member while serving in a
position of honor, trust, or profit under the law
governing the forfeiture of retirement system
benefits and the termination of retirement system
disability benefits.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 145.572, 145.573, 742.463, 742.464,
2901.43, 2929.192, 2929.193, 3305.11, 3305.12, 3307.372, 3307.373,
3309.672, 3309.673, 5505.262, and 5505.263 of the Revised Code be
amended to read as follows:
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 division (D)(1) to (3) of section 2929.192 of the
Revised Code that is a felony in under the circumstances specified
in the particular division that section, 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. 145.573. 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
section, 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. 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 division (D)(1) to (3) of section 2929.192 of the
Revised Code that is a felony in under the circumstances specified
in the particular division that section, 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. 742.464. 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
section, 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. 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
both of the following apply:
(a) 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;
(b) 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
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 amendment.
(B) This section applies to a person to whom all of the
following apply:
(1) The person is charged with an offense described in
division (D) of section 2929.192 of the Revised Code that was
allegedly committed on or after the appropriate date specified in
that division.
(2) The offense was allegedly committed while the person was
serving in a position of honor, trust, or profit.
(3) At the time of the alleged offense, the person 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.
(C) 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 subject to this section, 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 or contributor, 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 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 In addition to any other
sanction
it a court 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, contributor, 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 if all of the following apply:
(1) The offender is being sentenced for an offense described
in division (D) of this section that was committed on or after the
appropriate date specified in that division.
(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.
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,
contributor, 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, contributor, 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, contributor, or
participant shall comply with the forfeiture order on application
for a refund of the accumulated contributions of the member,
contributor, or participant.
(D)(1) Division (A) of this section applies regarding to an
offender who is convicted of or pleads guilty to any of the
following offenses committed on or after May 13, 2008, that is a
felony and who committed the offense while serving in a position
of honor, trust, or profit:
(1)(a) A violation of section 2921.02 or 2923.32 of the
Revised Code that is a felony or a violation of section 2921.41 of
the Revised Code that is a felony of the third degree;
(2)(b) 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 described
in division (D)(1)(a) of this section;
(3)(c) A conspiracy to commit, attempt to commit, or
complicity in committing any violation listed described in
division (D)(1)(a) or described in division (D)(2) (b) of this
section.
(2) Division (A) of this section applies to an offender who
is convicted of or pleads guilty to any of the following offenses
committed on or after the effective date of this amendment:
(a) A violation of section 2905.11 or 2921.11 of the Revised
Code that is a felony and that is committed within the context of
the offender's public employment in a position of honor, trust, or
profit;
(b) 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 described in division
(D)(2)(a) of this section;
(c) A conspiracy to commit, attempt to commit, or complicity
in committing any violation described in division (D)(2)(a) or (b)
of this section.
(E) For purposes of divisions (A) and division (D) of this
section, a both of the following apply:
(1) 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 May 13, 2008," if the course of conduct continues, one or
more of the multiple acts occurs, or the subject person's
offender's accountability for the course of conduct or for one or
more of the multiple acts continues, on or after May 13, 2008;
(2) 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
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 amendment.
(F) As used in this section:
(1)(a) For the period beginning May 13, 2008, and ending the
day before the effective date of this amendment July 29, 2011,
"position of honor, trust, or profit" means any of the following:
(i) An elective office of the state or any political
subdivision of the state;
(ii) A position on any board or commission of the state that
is appointed by the governor or the attorney general;
(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;
(iv) A position as a prosecutor, as defined in section
2935.01 of the Revised Code;
(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 July
29, 2011, "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, or contributor
to, 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, or
contributor to, 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, or contributor
to, 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, or
contributor to, 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 either of the
following:
(a) An offense listed described in division (D)(1) of section
2929.192 of the Revised Code that is a felony and was committed on
or after the effective date of this section July 29, 2011;
(b) An offense described in division (D)(2) of section
2929.192 of the Revised Code that was committed on or after the
effective date of this amendment.
(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 both of the following
apply:
(1) 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 July 29, 2011," 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 July 29, 2011;
(2) 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
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 amendment.
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 division (D)(1) to (3) of section
2929.192 of the Revised Code that is a felony in under the
circumstances specified in the particular division that section,
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. 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
section, 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. 3307.372. (A) Notwithstanding any other provision of
this chapter, any payment of accumulated contributions standing to
a person's credit under this chapter and any other amount or
amounts to be paid to a person who is a contributor under this
chapter upon the person's withdrawal of contributions pursuant to
this chapter shall be subject to any forfeiture ordered under
division (A) or (B) of section 2929.192 of the Revised Code, and
the state teachers retirement system shall comply with that order
in making the payment. Upon payment of the person's accumulated
contributions and cancellation of the corresponding service
credit, a person who is subject to the forfeiture described in
this division may not restore the canceled service credit under
this chapter or under Chapter 145., 742., 3305., 3309., or 5505.
of the Revised Code.
(B) Notwithstanding any other provision of this chapter, if
the system receives notice pursuant to section 2901.43 of the
Revised Code that a person who has accumulated contributions
standing to the person's credit pursuant to this chapter is
charged with any offense or violation listed or described in
divisions division (D)(1) to (3) of section 2929.192 of the
Revised Code that is a felony in under the circumstances specified
in the particular division that section, 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. 3307.373. 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
section, 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. 3309.672. (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 division (D)(1) to (3) of section 2929.192 of the
Revised Code that is a felony in under the circumstances specified
in the particular division that section, 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. 3309.673. 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 an offense listed in division (D) of section 2929.192 of the
Revised Code under the circumstances specified in that division
section, 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. 5505.262. (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 division (D)(1) to (3) of section 2929.192 of the
Revised Code that is a felony in under the circumstances specified
in the particular division that section, 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. 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 section, 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.
Section 2. That existing sections 145.572, 145.573, 742.463,
742.464, 2901.43, 2929.192, 2929.193, 3305.11, 3305.12, 3307.372,
3307.373, 3309.672, 3309.673, 5505.262, and 5505.263 of the
Revised Code are hereby repealed.
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