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S. B. No. 214 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsor:
Senator Patton
A BILL
To amend sections 145.57, 148.10, 742.461, 2907.15,
2921.41, 3305.09, 3307.37, 3309.67, and 5505.26 of
the Revised Code to modify when a public
retirement system, alternative retirement plan, or
deferred compensation program must comply with a
withholding order for restitution issued on
conviction of a public employee for certain
offenses committed in the course of public
employment.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 145.57, 148.10, 742.461, 2907.15,
2921.41, 3305.09, 3307.37, 3309.67, and 5505.26 of the Revised
Code be amended to read as follows:
Sec. 145.57. (A) Notwithstanding any other provision of this
chapter, any payment that is to be made under a pension, annuity,
allowance, or other type of benefit, other than a survivorship
benefit, that has been granted to a person under this chapter, any
payment of accumulated contributions standing to a person's credit
under this chapter, and any payment of any other amounts to be
paid to a person under this chapter upon the person's withdrawal
of contributions pursuant to this chapter shall be subject to any
withholding order issued pursuant to section 2907.15 of the
Revised Code or division (C)(2)(b) of section 2921.41 of the
Revised Code, and. On receipt of a copy of a withholding order,
the public employees retirement board shall comply with that
withholding the order in making the payment. A withholding under
this division cancels an equivalent amount of service credit, as
determined by the public employees retirement system.
(B) Notwithstanding any other provision of this chapter, if
the board receives notice pursuant to section 2907.15 of the
Revised Code or division (D) of section 2921.41 of the Revised
Code that a person who has accumulated contributions standing to
the person's credit pursuant to this chapter is charged with a
violation of section 2907.02, 2907.03, 2907.04, 2907.05, or
2921.41 of the Revised Code, no payment of those accumulated
contributions, of any other amounts to be paid to a contributor
under this chapter upon the person's withdrawal of contributions
pursuant to this chapter, or of any amount to be paid to a
contributor as a lump sum or single payment under section 145.38
of the Revised Code, shall be made prior to whichever of the
following is applicable:
(1) If the person is convicted of or pleads guilty to the
charge and no motion for a withholding order for purposes of
restitution has been filed under section 2907.15 of the Revised
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised
Code, thirty days after the day on which final disposition of the
charge is made;
(2) If the person is convicted of or pleads guilty to the
charge and a motion for a withholding order for purposes of
restitution has been filed under section 2907.15 of the Revised
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised
Code, the day on which the court decides the motion;
(3) If the charge is dismissed or the person is found not
guilty or not guilty by reason of insanity of the charge, the day
on which final disposition of the charge is made.
Sec. 148.10. (A) Notwithstanding any other provision of this
chapter, any account or payment, other than a survivorship
benefit, that is held for or to be made to a person by a deferred
compensation program pursuant to those sections or a deferred
compensation program offered by a government unit, as defined in
section 148.06 of the Revised Code, or by a municipal corporation
is subject to any withholding order issued pursuant to section
2907.15 or division (C)(2)(b) of section 2921.41 of the Revised
Code. The On receipt of a copy of a withholding order, the Ohio
public employees deferred compensation board, the governing board,
as defined in section 148.06 of the Revised Code, that is
associated with a government unit, and the governing board,
administrator, depository, or trustee of a deferred compensation
program of a municipal corporation shall comply with that
withholding the order in making payment.
(B) Notwithstanding any other provision of this chapter, if a
deferred compensation program receives a notice pursuant to
section 2907.15 or division (D) of section 2921.41 of the Revised
Code that a person who has a participant account has been charged
with a violation of section 2907.02, 2907.03, 2907.04, 2907.05, or
2921.41 of the Revised Code, no payment from that account shall be
made prior to whichever of the following is applicable:
(1) If the person is convicted of or pleads guilty to the
violation and a motion for a withholding order for purposes of
restitution has not been filed under section 2907.15 or division
(C)(2)(b)(i) of section 2921.41 of the Revised Code, thirty days
after the day on which the person is sentenced for the violation;
(2) If the person is convicted of or pleads guilty to the
violation and a motion for a withholding order for purposes of
restitution has been filed under section 2907.15 or division
(C)(2)(b)(i) of section 2921.41 of the Revised Code, the day on
which the court decides the motion;
(3) If the charge is dismissed or the person is found not
guilty or not guilty by reason of insanity of the violation, the
day on which the dismissal of the charge or the verdict is entered
in the journal of the court.
Sec. 742.461. (A) Notwithstanding any other provision of
this chapter, any payment that is to be made under a pension or
other type of benefit, other than a survivorship benefit, that has
been granted to a person under this chapter, any payment of
accumulated contributions standing to a person's credit under this
chapter, and any payment of any other amounts to be paid to a
person under this chapter upon the person's withdrawal of
contributions pursuant to this chapter shall be subject to any
withholding order issued pursuant to section 2907.15 of the
Revised Code or division (C)(2)(b) of section 2921.41 of the
Revised Code, and. On receipt of a copy of a withholding order,
the board of trustees of the Ohio police and fire pension fund
shall comply with that withholding the order in making the
payment. A withholding order under this division cancels an
equivalent amount of service credit, as determined by the Ohio
police and fire pension fund.
(B) Notwithstanding any other provision of this chapter, if
the board receives notice pursuant to section 2907.15 of the
Revised Code or division (D) of section 2921.41 of the Revised
Code that a person who has accumulated contributions standing to
the person's credit pursuant to this chapter is charged with a
violation of section 2907.02, 2907.03, 2907.04, 2907.05, or
2921.41 of the Revised Code, no payment of those accumulated
contributions or of any other amounts to be paid 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:
(1) If the person is convicted of or pleads guilty to the
charge and no motion for a withholding order for purposes of
restitution has been filed under section 2907.15 of the Revised
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised
Code, thirty days after the day on which final disposition of the
charge is made;
(2) If the person is convicted of or pleads guilty to the
charge and a motion for a withholding order for purposes of
restitution has been filed under section 2907.15 of the Revised
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised
Code, the day on which the court decides the motion;
(3) If the charge is dismissed or the person is found not
guilty or not guilty by reason of insanity of the charge, the day
on which final disposition of the charge is made.
Sec. 2907.15. (A) As used in this section:
(1) "Public retirement system" means the public employees
retirement system, state teachers retirement system, school
employees retirement system, Ohio police and fire pension fund,
state highway patrol retirement system, or a municipal retirement
system of a municipal corporation of this state.
(2) "Government deferred compensation program" means such a
program offered by the Ohio public employees deferred compensation
board; a municipal corporation; or a governmental unit, as defined
in section 148.06 of the Revised Code.
(3) "Deferred compensation program participant" means a
"participating employee" or "continuing member," as defined in
section 148.01 of the Revised Code, or any other public employee
who has funds in a government deferred compensation program.
(4) "Alternative retirement plan" means an alternative
retirement plan provided pursuant to Chapter 3305. of the Revised
Code.
(5) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.
In any case in which a sentencing court orders restitution to
the victim under section 2929.18 or 2929.28 of the Revised Code
for a violation of section 2907.02, 2907.03, 2907.04, or 2907.05
of the Revised Code and in which the offender is a government
deferred compensation program participant, is an electing
employee, as defined in section 3305.01 of the Revised Code, or is
a member of, or receiving a pension, benefit, or allowance, other
than a survivorship benefit, from, a public retirement system and
committed the offense against a child, student, patient, or other
person with whom the offender had contact in the context of the
offender's public employment, at the request of the victim the
prosecutor shall file a motion with the sentencing court
specifying the government deferred compensation program,
alternative retirement plan, or public retirement system and
requesting that the court issue an order requiring the government
deferred compensation program, alternative retirement plan, or
public retirement system to withhold the amount required as
restitution from one or more of the following: any payment to be
made from a government deferred compensation program, any payment
or benefit under an alternative retirement plan, or under a
pension, annuity, allowance, or any other benefit, other than a
survivorship benefit, that has been or is in the future granted to
the offender; from any payment of accumulated employee
contributions standing to the offender's credit with the
government deferred compensation program, alternative retirement
plan, or public retirement system; or from
any payment of any
other amounts to be paid to the offender pursuant to Chapter 145.,
148., 742., 3307., 3309., or 5505. of the Revised Code
on
withdrawal of contributions. The motion may be filed at any time
subsequent to the conviction of the offender or entry of a guilty
plea. On the filing of the motion, the clerk of the court in which
the motion is filed shall notify the offender and the government
deferred compensation program, alternative retirement plan, or
public retirement system, in writing, of all of the following:
that the motion was filed; that the offender will be granted a
hearing on the issuance of the requested order if the offender
files a written request for a hearing with the clerk prior to the
expiration of thirty days after the offender receives the notice;
that, if a hearing is requested, the court will schedule a hearing
as soon as possible and notify the offender and the government
deferred compensation program, alternative retirement plan, or
public retirement system of the date, time, and place of the
hearing; that, if a hearing is conducted, it will be limited to a
consideration of whether the offender can show good cause why the
order should not be issued; that, if a hearing is conducted, the
court will not issue the order if the court determines, based on
evidence presented at the hearing by the offender, that there is
good cause for the order not to be issued; that the court will
issue the order if a hearing is not requested or if a hearing is
conducted but the court does not determine, based on evidence
presented at the hearing by the offender, that there is good cause
for the order not to be issued; and that, if the order is issued,
the government deferred compensation program, alternative
retirement plan, or public retirement system specified in the
motion will be required to withhold the amount required as
restitution from payments to the offender.
(B) In any case in which a motion requesting the issuance of
a withholding order as described in division (A) of this section
is filed, the offender may receive a hearing on the motion by
delivering a written request for a hearing to the court prior to
the expiration of thirty days after the offender's receipt of the
notice provided pursuant to division (A) of this section. If the
offender requests a hearing within the prescribed time, the court
shall schedule a hearing as soon as possible after the request is
made and notify the offender and the government deferred
compensation program, alternative retirement plan, or public
retirement system of the date, time, and place 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 requested order not to be
issued. If the court determines, based on evidence presented by
the offender, that there is good cause for the order not to be
issued, the court shall deny the motion and shall not issue the
order. Good cause for not issuing the order includes a
determination by the court that the order would severely impact
the offender's ability to support the offender's dependents.
If the offender does not request a hearing within the
prescribed time or the court conducts a hearing but does not
determine, based on evidence presented by the offender, that there
is good cause for the order not to be issued, the court shall
order the government deferred compensation program, alternative
retirement plan, or public retirement system to withhold the
amount required as restitution from one or more of the following:
any payments to be made from a government deferred compensation
program, any payment or benefit under an alternative retirement
plan, or under a pension, annuity, allowance, or under any other
benefit, other than a survivorship benefit, that has been or is in
the future granted to the offender; from any payment of
accumulated employee contributions standing to the offender's
credit with the government deferred compensation program,
alternative retirement plan, or public retirement system; or from
any payment of any other amounts to be paid to the offender upon
withdrawal of contributions pursuant to Chapter 145., 148., 742.,
3307., 3309., or 5505. of the Revised Code and to continue the
withholding for that purpose, in accordance with the order, out of
each payment to be made on or after the date of issuance of the
order, until further order of the court. On receipt of an order
issued under this division, the government deferred compensation
program, alternative retirement plan, or public retirement system
shall withhold the amount required as restitution, in accordance
with the order, from any such payments and immediately forward the
amount withheld to the clerk of the court in which the order was
issued for payment to the person to whom restitution is to be
made. The order shall not apply to any portion of payments made
from a government deferred compensation program, alternative
retirement plan, or public retirement system to a person other
than the offender pursuant to a previously issued domestic court
order.
(C) Service of a notice required by division (A) or (B) of
this section shall be effected in the same manner as provided in
the Rules of Civil Procedure for the service of process.
(D) Upon the filing of charges under section 2907.02,
2907.03, 2907.04, or 2907.05 of the Revised Code against a person
who is a deferred compensation program participant, an electing
employee participating in an alternative retirement plan, or a
member of, or receiving a pension benefit, or allowance, other
than a survivorship benefit, from a public retirement system for
an offense against a child, student, patient, or other person with
whom the offender had contact in the context of the offender's
public employment, the prosecutor shall send written notice that
charges have been filed against that person to the appropriate
government deferred compensation program, alternative retirement
plan, or public retirement system. The notice shall specifically
identify the person charged.
(E) The clerk of the court in which a withholding order is
issued under division (B) of this section shall send a certified
copy of the order to the appropriate public retirement system,
alternative retirement plan provider, deferred compensation
program, or, if more than one is subject to the order, the
applicable combination of these.
Sec. 2921.41. (A) No public official or party official shall
commit any theft offense, as defined in division (K) of section
2913.01 of the Revised Code, when either of the following applies:
(1) The offender uses the offender's office in aid of
committing the offense or permits or assents to its use in aid of
committing the offense;
(2) The property or service involved is owned by this state,
any other state, the United States, a county, a municipal
corporation, a township, or any political subdivision, department,
or agency of any of them, is owned by a political party, or is
part of a political campaign fund.
(B) Whoever violates this section is guilty of theft in
office. Except as otherwise provided in this division, theft in
office is a felony of the fifth degree. If the value of property
or services stolen is one thousand dollars or more and is less
than seven thousand five hundred dollars, theft in office is a
felony of the fourth degree. If the value of property or services
stolen is seven thousand five hundred dollars or more, theft in
office is a felony of the third degree.
(C)(1) A public official or party official who pleads guilty
to theft in office and whose plea is accepted by the court or a
public official or party official against whom a verdict or
finding of guilt for committing theft in office is returned is
forever disqualified from holding any public office, employment,
or position of trust in this state.
(2)(a) A court that imposes sentence for a violation of this
section based on conduct described in division (A)(2) of this
section shall require the public official or party official who is
convicted of or pleads guilty to the offense to make restitution
for all of the property or the service that is the subject of the
offense, in addition to the term of imprisonment and any fine
imposed. A court that imposes sentence for a violation of this
section based on conduct described in division (A)(1) of this
section and that determines at trial that this state or a
political subdivision of this state if the offender is a public
official, or a political party in the United States or this state
if the offender is a party official, suffered actual loss as a
result of the offense shall require the offender to make
restitution to the state, political subdivision, or political
party for all of the actual loss experienced, in addition to the
term of imprisonment and any fine imposed.
(b)(i) In any case in which a sentencing court is required to
order restitution under division (C)(2)(a) of this section and in
which the offender, at the time of the commission of the offense
or at any other time, was a member of the public employees
retirement system, the Ohio police and fire pension fund, the
state teachers retirement system, the school employees retirement
system, or the state highway patrol retirement system; was an
electing employee, as defined in section 3305.01 of the Revised
Code, participating in an alternative retirement plan provided
pursuant to Chapter 3305. of the Revised Code; was a participating
employee or continuing member, as defined in section 148.01 of the
Revised Code, in a deferred compensation program offered by the
Ohio public employees deferred compensation board; was an officer
or employee of a municipal corporation who was a participant in a
deferred compensation program offered by that municipal
corporation; was an officer or employee of a government unit, as
defined in section 148.06 of the Revised Code, who was a
participant in a deferred compensation program offered by that
government unit, or was a participating employee, continuing
member, or participant in any deferred compensation program
described in this division and a member of a retirement system
specified in this division or a retirement system of a municipal
corporation, the entity to which restitution is to be made may
file a motion with the sentencing court specifying any retirement
system, any provider as defined in section 3305.01 of the Revised
Code, and any deferred compensation program of which the offender
was a member, electing employee, participating employee,
continuing member, or participant and requesting the court to
issue an order requiring the specified retirement system, the
specified provider under the alternative retirement plan, or the
specified deferred compensation program, or, if more than one is
specified in the motion, the applicable combination of these, to
withhold the amount required as restitution from any payment that
is to be made under a pension, annuity, or allowance, under an
option in the alternative retirement plan, under a participant
account, as defined in section 148.01 of the Revised Code, or
under any other type of benefit, other than a survivorship
benefit, that has been or is in the future granted to the
offender, from any payment of accumulated employee contributions
standing to the offender's credit with that retirement system,
that provider of the option under the alternative retirement plan,
or that deferred compensation program, or, if more than one is
specified in the motion, the applicable combination of these, and
from any payment of any other amounts to be paid to the offender
upon the offender's withdrawal of the offender's contributions
pursuant to Chapter 145., 148., 742., 3307., 3309., or 5505. of
the Revised Code. A motion described in this division may be filed
at any time subsequent to the conviction of the offender or entry
of a guilty plea. Upon the filing of the motion, the clerk of the
court in which the motion is filed shall notify the offender, the
specified retirement system, the specified provider under the
alternative retirement plan, or the specified deferred
compensation program, or, if more than one is specified in the
motion, the applicable combination of these, in writing, of all of
the following: that the motion was filed; that the offender will
be granted a hearing on the issuance of the requested order if the
offender files a written request for a hearing with the clerk
prior to the expiration of thirty days after the offender receives
the notice; that, if a hearing is requested, the court will
schedule a hearing as soon as possible and notify the offender,
any specified retirement system, any specified provider under an
alternative retirement plan, and any specified deferred
compensation program of the date, time, and place of the hearing;
that, if a hearing is conducted, it will be limited only to a
consideration of whether the offender can show good cause why the
requested order should not be issued; that, if a hearing is
conducted, the court will not issue the requested order if the
court determines, based on evidence presented at the hearing by
the offender, that there is good cause for the requested order not
to be issued; that the court will issue the requested order if a
hearing is not requested or if a hearing is conducted but the
court does not determine, based on evidence presented at the
hearing by the offender, that there is good cause for the
requested order not to be issued; and that, if the requested order
is issued, any retirement system, any provider under an
alternative retirement plan, and any deferred compensation program
specified in the motion will be required to withhold the amount
required as restitution from payments to the offender.
(ii) In any case in which a sentencing court is required to
order restitution under division (C)(2)(a) of this section and in
which a motion requesting the issuance of a withholding order as
described in division (C)(2)(b)(i) of this section is filed, the
offender may receive a hearing on the motion by delivering a
written request for a hearing to the court prior to the expiration
of thirty days after the offender's receipt of the notice provided
pursuant to division (C)(2)(b)(i) of this section. If a request
for a hearing is made by the offender within the prescribed time,
the court shall schedule a hearing as soon as possible after the
request is made and shall notify the offender, the specified
retirement system, the specified provider under the alternative
retirement plan, or the specified deferred compensation program,
or, if more than one is specified in the motion, the applicable
combination of these, of the date, time, and place 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 requested order not to be
issued. If the court determines, based on evidence presented by
the offender, that there is good cause for the order not to be
issued, the court shall deny the motion and shall not issue the
requested order. If the offender does not request a hearing within
the prescribed time 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 order not to be issued, the court
shall order the specified retirement system, the specified
provider under the alternative retirement plan, or the specified
deferred compensation program, or, if more than one is specified
in the motion, the applicable combination of these, to withhold
the amount required as restitution under division (C)(2)(a) of
this section from any payments to be made under a pension,
annuity, or allowance, under a participant account, as defined in
section 148.01 of the Revised Code, under an option in the
alternative retirement plan, or under any other type of benefit,
other than a survivorship benefit, that has been or is in the
future granted to the offender, from any payment of accumulated
employee contributions standing to the offender's credit with that
retirement system, that provider under the alternative retirement
plan, or that deferred compensation program, or, if more than one
is specified in the motion, the applicable combination of these,
and from any payment of any other amounts to be paid to the
offender upon the offender's withdrawal of the offender's
contributions pursuant to Chapter 145., 148., 742., 3307., 3309.,
or 5505. of the Revised Code, and to continue the withholding for
that purpose, in accordance with the order, out of each payment to
be made on or after the date of issuance of the order, until
further order of the court. Upon receipt of an order issued under
this division, the public employees retirement system, the Ohio
police and fire pension fund, the state teachers retirement
system, the school employees retirement system, the state highway
patrol retirement system, a municipal corporation retirement
system, the provider under the alternative retirement plan, and
the deferred compensation program offered by the Ohio public
employees deferred compensation board, a municipal corporation, or
a government unit, as defined in section 148.06 of the Revised
Code, whichever are applicable, shall withhold the amount required
as restitution, in accordance with the order, from any such
payments and immediately shall forward the amount withheld to the
clerk of the court in which the order was issued for payment to
the entity to which restitution is to be made.
(iii) Service of a notice required by division (C)(2)(b)(i)
or (ii) of this section shall be effected in the same manner as
provided in the Rules of Civil Procedure for the service of
process.
(D) Upon the filing of charges against a person under this
section, the prosecutor, as defined in section 2935.01 of the
Revised Code, who is assigned the case shall send written notice
that charges have been filed against that person to the public
employees retirement system, the Ohio police and fire pension
fund, the state teachers retirement system, the school employees
retirement system, the state highway patrol retirement system, the
provider under an alternative retirement plan, any municipal
corporation retirement system in this state, and the deferred
compensation program offered by the Ohio public employees deferred
compensation board, a municipal corporation, or a government unit,
as defined in section 148.06 of the Revised Code. The written
notice shall specifically identify the person charged.
(E) The clerk of the court in which a withholding order is
issued under division (C)(2)(b)(ii) of this section shall send a
certified copy of the order to the appropriate public retirement
system, alternative retirement plan provider, deferred
compensation program, or, if more than one is subject to the
order, the applicable combination of these.
Sec. 3305.09. (A) Any payment that is to be made under a
contract entered into for purposes of funding an employee's
alternative retirement plan benefit and any account held for the
employee shall be subject to any withholding order issued pursuant
to section 2907.15 of the Revised Code or division (C)(2)(b) of
section 2921.41 of the Revised Code. The On receipt of a copy of a
withholding order, the provider of the contract shall comply with
that withholding the order in making the payment.
(B) If the provider receives notice pursuant to section
2907.15 of the Revised Code or division (D) of section 2921.41 of
the Revised Code that the electing employee is charged with a
violation of section 2907.02, 2907.03, 2907.04, 2907.05, or
2921.41 of the Revised Code, no payment shall be made under the
contract prior to whichever of the following is applicable:
(1) If the person is convicted of or pleads guilty to the
charge and no motion for a withholding order for purposes of
restitution has been filed under section 2907.15 of the Revised
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised
Code, thirty days after the date on which final disposition of the
charge is made;
(2) If the person is convicted of or pleads guilty to the
charge and a motion for a withholding order for purposes of
restitution has been filed under section 2907.15 of the Revised
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised
Code, the date on which the court decides the motion;
(3) If the charge is dismissed or the person is found not
guilty of the charge or not guilty of the charge by reason of
insanity, the date on which final disposition of the charge is
made.
Sec. 3307.37. (A) Notwithstanding any other provision of
this chapter, any payment that is to be made under a pension,
annuity, allowance, or other type of benefit payable under this
chapter, other than a survivorship benefit, that has been granted
to a person under this chapter, any payment of accumulated
contributions standing to a person's credit under this chapter,
and any payment of any other amounts to be paid to a person under
this chapter upon the person's withdrawal of contributions
pursuant to this chapter shall be subject to any withholding order
issued pursuant to section 2907.15 of the Revised Code or division
(C)(2)(b) of section 2921.41 of the Revised Code, and. On receipt
of a copy of a withholding order, the state teacher's teachers
retirement board shall comply with that withholding the order in
making the payment. A withholding under this division cancels an
equivalent amount of service credit, as determined by the state
teachers retirement system.
(B) Notwithstanding any other provision of this chapter, if
the board receives notice pursuant to section 2907.15 of the
Revised Code or division (D) of section 2921.41 of the Revised
Code that a person who has contributions standing to the person's
credit pursuant to this chapter is charged with a violation of
section 2907.02, 2907.03, 2907.04, 2907.05, or 2921.41 of the
Revised Code, no payment of those contributions, of any other
amounts to be paid under this chapter upon the person's withdrawal
of contributions pursuant to this chapter, or of any amount to be
paid as a lump sum or single payment under section 3307.35 of the
Revised Code shall be made prior to whichever of the following is
applicable:
(1) If the person is convicted of or pleads guilty to the
charge and no motion for a withholding order for purposes of
restitution has been filed under section 2907.15 of the Revised
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised
Code, thirty days after the day on which final disposition of the
charge is made;
(2) If the person is convicted of or pleads guilty to the
charge and a motion for a withholding order for purposes of
restitution has been filed under section 2907.15 of the Revised
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised
Code, the day on which the court decides the motion;
(3) If the charge is dismissed or the person is found not
guilty or not guilty by reason of insanity of the charge, the day
on which final disposition of the charge is made.
Sec. 3309.67. (A) Notwithstanding any other provision of
this chapter, any payment that is to be made under a pension,
annuity, allowance, or other type of benefit, other than a
survivorship benefit, that has been granted to a person under this
chapter, any payment of accumulated contributions standing to a
person's credit under this chapter, and any payment of any other
amounts to be paid to a person under this chapter upon the
person's withdrawal of contributions pursuant to this chapter
shall be subject to any withholding order issued pursuant to
section 2907.15 of the Revised Code or division (C)(2)(b) of
section 2921.41 of the Revised Code, and. On receipt of a copy of
a withholding order, the school employees retirement board shall
comply with that withholding the order in making the payment. A
withholding under this division cancels an equivalent amount of
service credit, as determined by the school employees retirement
system.
(B) Notwithstanding any other provision of this chapter, if
the board receives notice pursuant to section 2907.15 of the
Revised Code or division (D) of section 2921.41 of the Revised
Code that a person who has accumulated contributions standing to
the person's credit pursuant to this chapter is charged with a
violation of section 2907.02, 2907.03, 2907.04, 2907.05, or
2921.41 of the Revised Code, no payment of those accumulated
contributions, of any other amounts to be paid under this chapter
upon the person's withdrawal of contributions pursuant to this
chapter, or of any amount to be paid to a contributor as a lump
sum or single payment under section 3309.341 of the Revised Code,
shall be made prior to whichever of the following is applicable:
(1) If the person is convicted of or pleads guilty to the
charge and no motion for a withholding order for purposes of
restitution has been filed under section 2907.15 of the Revised
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised
Code, thirty days after the day on which final disposition of the
charge is made;
(2) If the person is convicted of or pleads guilty to the
charge and a motion for a withholding order for purposes of
restitution has been filed under section 2907.15 of the Revised
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised
Code, the day on which the court decides the motion;
(3) If the charge is dismissed or the person is found not
guilty or not guilty by reason of insanity of the charge, the day
on which final disposition of the charge is made.
Sec. 5505.26. (A) Notwithstanding any other provision of
this chapter, any payment that is to be made under a pension or
other type of benefit, other than a survivorship benefit, that has
been granted to a person under this chapter, any payment of
accumulated contributions standing to a person's credit under this
chapter, and any payment of any other amounts to be paid to a
person under this chapter upon withdrawal of contributions
pursuant to this chapter shall be subject to any withholding order
issued pursuant to section 2907.15 of the Revised Code or division
(C)(2)(b) of section 2921.41 of the Revised Code, and. On receipt
of a copy of a withholding order, the state highway patrol
retirement board shall comply with that withholding the order in
making the payment. A withholding under this division cancels an
equivalent amount of service credit, as determined by the state
highway patrol retirement system.
(B) Notwithstanding any other provision of this chapter, if
the board receives notice pursuant to section 2907.15 of the
Revised Code or division (D) of section 2921.41 of the Revised
Code that a person who has accumulated contributions standing to
the person's credit pursuant to this chapter is charged with a
violation of section 2907.02, 2907.03, 2907.04, 2907.05, or
2921.41 of the Revised Code, no payment of those accumulated
contributions or of any other amounts to be paid 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:
(1) If the person is convicted of or pleads guilty to the
charge and no motion for a withholding order for purposes of
restitution has been filed under section 2907.15 of the Revised
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised
Code, thirty days after the day on which final disposition of the
charge is made;
(2) If the person is convicted of or pleads guilty to the
charge and a motion for a withholding order for purposes of
restitution has been filed under section 2907.15 of the Revised
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised
Code, the day on which the court decides the motion;
(3) If the charge is dismissed or the person is found not
guilty or not guilty by reason of insanity of the charge, the day
on which final disposition of the charge is made.
Section 2. That existing sections 145.57, 148.10, 742.461,
2907.15, 2921.41, 3305.09, 3307.37, 3309.67, and 5505.26 of the
Revised Code are hereby repealed.
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