130th Ohio General Assembly
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Sub. H. B. No. 162  As Reported by the House Judiciary Committee
As Reported by the House Judiciary Committee

130th General Assembly
Regular Session
2013-2014
Sub. H. B. No. 162


Representatives Dovilla, Anielski 

Cosponsors: Representatives Buchy, Thompson, Hackett, Ruhl, Grossman, Becker, Patmon, Baker, Johnson, Hagan, C., Perales 



A BILL
To amend sections 145.27, 145.572, 145.573, 145.581, 742.41, 742.463, 742.464, 742.53, 2329.66, 2901.43, 2929.192, 2929.193, 3305.08, 3305.11, 3305.12, 3305.20, 3307.20, 3307.372, 3307.373, 3309.22, 3309.672, 3309.673, 3309.691, 5505.04, 5505.262, 5505.263, and 5505.33, and to enact sections 2901.432, 2901.433, 2901.434, and 2927.28 of the Revised Code to add extortion and perjury and certain federal offenses to the offenses committed by a public retirement system member in the context of the member's public employment in a position of honor, trust, or profit that may result in forfeiture of retirement system benefits or the termination of retirement system disability benefits and to make the establishment of a long term care insurance program by a public retirement system discretionary.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.  That sections 145.27, 145.572, 145.573, 145.581, 742.41, 742.463, 742.464, 742.53, 2329.66, 2901.43, 2929.192, 2929.193, 3305.08, 3305.11, 3305.12, 3305.20, 3307.20, 3307.372, 3307.373, 3309.22, 3309.672, 3309.673, 3309.691, 5505.04, 5505.262, 5505.263, and 5505.33 be amended and sections 2901.432, 2901.433, 2901.434, and 2927.28 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 and may be made available in printed or electronic format, 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 as follows:
(1) Copies of 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 2901.434 or 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 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.
(8) The system may provide information requested by the United States social security administration, United States centers for medicare and medicaid, Ohio public employees deferred compensation program, Ohio police and fire pension fund, school employees retirement system, state teachers retirement system, state highway patrol retirement system, or Cincinnati retirement system.
(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.
(F) For purposes of this section, the board may maintain records in printed or electronic format.
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 2901.433 or 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 2901.433 or 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 or division (C) of section 2901.432 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 (B)(1) of section 2901.432 or 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 those sections, 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 member or 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 either of the following:
(i) 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;
(ii) Section 2901.433 of the Revised Code, the day on which the system receives from the court a copy of the journal entry imposing the forfeiture order 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 2901.434 or 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.
On receipt of notice under division (D) of section 2901.432 of the Revised Code that a public employees retirement system member has been convicted of or pleaded guilty to an offense listed in division (B)(1) of that section under the circumstances specified in that section, the system shall determine whether the member has been granted a disability benefit. If so, the system shall send written notice to the attorney general that the member has been granted a disability benefit under this chapter and may be subject to section 2901.434 of the Revised Code.
Sec. 145.581.  (A) As used in this section:
(1) "Long-term care insurance" has the same meaning as in section 3923.41 of the Revised Code.
(2) "Retirement systems" means the public employees retirement system, the Ohio police and fire pension fund, the state teachers retirement system, the school employees retirement system, and the state highway patrol retirement system.
(B) The public employees retirement board shall may establish a long-term care insurance program consisting of the programs authorized by divisions (C) and (D) of this section. Such program may be established independently or jointly with one or more of the other retirement systems. If the program is established jointly, the board shall adopt rules in accordance with section 111.15 of the Revised Code to establish the terms and conditions of such joint participation.
(C) The board shall may establish a program under which it makes long-term care insurance available to any person who participated in a policy of long-term care insurance for which the state or a political subdivision contracted under section 124.84 or 124.841 of the Revised Code and is the recipient of a pension, benefit, or allowance from the system. To implement the program under this division, the board, subject to division (E) of this section, may enter into an agreement with the insurance company, health insuring corporation, or government agency that provided the insurance. The board shall, under any such agreement, deduct the full premium charged from the person's benefit, pension, or allowance notwithstanding any employer agreement to the contrary.
Any long-term care insurance policy entered into under this division is subject to division (C) of section 124.84 of the Revised Code.
(D)(1) The board, subject to division (E) of this section, shall may establish a program under which a recipient of a pension, benefit, or allowance from the system who is not eligible for such insurance under division (C) of this section may participate in a contract for long-term care insurance. Participation may include the recipient's dependents and family members.
(2) The board shall may adopt rules in accordance with section 111.15 of the Revised Code governing the program. The Any rules adopted by the board shall establish methods of payment for participation under this section, which may include deduction of the full premium charged from a recipient's pension, benefit, or allowance, or any other method of payment considered appropriate by the board.
(E) Prior to entering into any agreement or contract with an insurance company or health insuring corporation for the purchase of, or participation in, a long-term care insurance policy under this section, the board shall request the superintendent of insurance to certify the financial condition of the company or corporation. The board shall not enter into the agreement or contract if, according to that certification, the company or corporation is insolvent, is determined by the superintendent to be potentially unable to fulfill its contractual obligations, or is placed under an order of rehabilitation or conservation by a court of competent jurisdiction or under an order of supervision by the superintendent.
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 as follows:
(1) Copies of 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 2901.434 or 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 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. 742.463.  (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 member or 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 2901.433 or 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 or division (C) of section 2901.432 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 (B)(1) of section 2901.432 or 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 those sections, 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 member or 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 either of the following:
(i) 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;
(ii) Section 2901.433 of the Revised Code, the day on which the fund receives from the court a copy of the journal entry imposing the forfeiture order 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 2901.434 or 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.
On receipt of notice under division (D) of section 2901.432 of the Revised Code that an Ohio police and fire pension fund member has been convicted of or pleaded guilty to an offense listed in division (B)(1) of that section under the circumstances specified in that section, the fund shall determine whether the member has been granted a disability benefit. If so, the fund shall send written notice to the attorney general that the member has been granted a disability benefit under this chapter and may be subject to section 2901.434 of the Revised Code.
Sec. 742.53.  (A) As used in this section:
(1) "Long-term care insurance" has the same meaning as in section 3923.41 of the Revised Code.
(2) "Retirement systems" has the same meaning as in division (A) of section 145.581 of the Revised Code.
(B) The board of trustees of the Ohio police and fire pension fund shall may establish a program under which members of the fund, employers on behalf of members, and persons receiving service or disability pensions or survivor benefits are permitted to participate in contracts for long-term care insurance. Participation may include dependents and family members. If a participant in a contract for long-term care insurance leaves employment, the participant and the participant's dependents and family members may, at their election, continue to participate in a program established under this section in the same manner as if the participant had not left employment, except that no part of the cost of the insurance shall be paid by the participant's former employer.
Such program may be established independently or jointly with one or more of the other retirement systems.
(C) The fund may enter into an agreement with insurance companies, health insuring corporations, or government agencies authorized to do business in the state for issuance of a long-term care policy or contract. However, prior to entering into such an agreement with an insurance company or health insuring corporation, the fund shall request the superintendent of insurance to certify the financial condition of the company or corporation. The fund shall not enter into the agreement if, according to that certification, the company or corporation is insolvent, is determined by the superintendent to be potentially unable to fulfill its contractual obligations, or is placed under an order of rehabilitation or conservation by a court of competent jurisdiction or under an order of supervision by the superintendent.
(D) The board shall may adopt rules in accordance with section 111.15 of the Revised Code governing the program. The Any rules adopted by the board shall establish methods of payment for participation under this section, which may include establishment of a payroll deduction plan under section 742.56 of the Revised Code, deduction of the full premium charged from a person's service or disability pension or survivor benefit, or any other method of payment considered appropriate by the board. If the program is established jointly with one or more of the other retirement systems, the rules also shall establish the terms and conditions of such joint participation.
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 one hundred twenty-five thousand dollars, in the exempted property.
(b) In the case of all other judgments and orders, the person's interest, not to exceed one hundred twenty-five thousand dollars, in one parcel or item of real or personal property that the person or a dependent of the person uses as a residence.
(c) For purposes of divisions (A)(1)(a) and (b) of this section, "parcel" means a tract of real property as identified on the records of the auditor of the county in which the real property is located.
(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, in cases in which an order for forfeiture was issued under division (B) or (C) of section 2901.433 or division (A) or (B) of section 2929.192 of the Revised Code, and in cases in which an order was issued under section 2901.434, 2929.193, or 2929.194 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 rights to or interests in a pension, benefit, annuity, retirement allowance, or accumulated contributions, the person's rights to or interests in 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 or interests, 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 rights to or interests in 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 rights to receive or interests in receiving a payment or other benefits under any pension, annuity, or similar plan or contract, not including a payment or benefit 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 or interests 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 rights or interests in the assets held in, or to directly or indirectly receive any payment or benefit under, any individual retirement account, individual retirement annuity, "Roth IRA," "529 plan," or education individual retirement account that provides payments or benefits by reason of illness, disability, death, retirement, or age or provides payments or benefits for purposes of education, to the extent that the assets, payments, or benefits described in division (A)(10)(c) of this section are attributable to or derived from any of the following or from any earnings, dividends, interest, appreciation, or gains on 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;
(iv) Contributions by any person into any plan, fund, or account that is formed, created, or administered pursuant to, or is otherwise subject to, section 529 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 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 rights or interests 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, retirement, or age, to the extent reasonably necessary for the support of the person and any of the person's dependents.
(e) The person's rights to or interests in any assets held in, or to directly or indirectly receive any payment or benefit under, any individual retirement account, individual retirement annuity, "Roth IRA," "529 plan," or education individual retirement account that a decedent, upon or by reason of the decedent's death, directly or indirectly left to or for the benefit of the person, either outright or in trust or otherwise, including, but not limited to, any of those rights or interests in assets or to receive payments or benefits that were transferred, conveyed, or otherwise transmitted by the decedent by means of a will, trust, exercise of a power of appointment, beneficiary designation, transfer or payment on death designation, or any other method or procedure.
(f) The exemptions under divisions (A)(10)(a) to (e) of this section also shall apply or otherwise be available to an alternate payee under a qualified domestic relations order (QDRO) or other similar court order.
(g) A person's interest in any plan, program, instrument, or device described in divisions (A)(10)(a) to (e) of this section shall be considered an exempt interest even if the plan, program, instrument, or device in question, due to an error made in good faith, failed to satisfy any criteria applicable to that plan, program, instrument, or device under the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended.
(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 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, the Ohio judicial conference shall adjust each dollar amount set forth in this section to reflect any increase 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.
The Ohio judicial conference shall prepare a memorandum specifying the adjusted dollar amounts. The judicial conference shall transmit the memorandum to the director of the legislative service commission, and the director shall publish the memorandum in the register of Ohio. (Publication of the memorandum in the register of Ohio shall continue until the next memorandum specifying an adjustment is so published.) The judicial conference also may publish the memorandum in any other manner it concludes will be reasonably likely to inform persons who are affected by its adjustment of the dollar amounts.
(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.
(2) "Insider" means:
(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. 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 within the context of the person's public employment 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 to 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. 2901.432. (A) As used in this section:
(1) "Public retirement system" and "alternative retirement plan" have the same meanings as in section 2907.15 of the Revised Code.
(2) "Position of honor, trust, or profit" has the same meaning as in section 2929.192 of the Revised Code.
(B) This section applies to a person to whom all of the following apply:
(1) The person is charged with any of the following offenses that were allegedly committed on or after the effective date of this section:
(a) Section 901(a) of the "Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C. 1961 et seq., as amended;
(b) Section 1104 of the "Comprehensive Crime Control Act of 1984," 98 Stat. 2143, 18 U.S.C. 666, as amended;
(c) Section 1951 of the "Hobbs Act," 62 Stat. 793, 18 U.S.C. 1951, as amended;
(d) Section 7603 of the "Anti-Drug Abuse Act of 1988," 102 Stat. 4508, 18 U.S.C. 1341, 1343, and 1346;
(e) A conspiracy to commit any violation described in divisions (B)(1)(a),(b),(c), and (d) of this section, in violation of 62 Stat. 701, 18 U.S.C. 371.
(2) The offense was allegedly committed within the context of the person's public employment 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) On the filing of charges against a person subject to this section, the person shall send written notice to the public retirement system or alternative retirement plan in which the person is a member, contributor, or participant and to the attorney general that charges have been filed against the person. The notice shall specifically identify the person.
(D) On the conviction or guilty plea of a person subject to this section, the person shall send written notice to the public retirement system or alternative retirement plan in which the person is a member, contributor, or participant and to the attorney general of the person's conviction or guilty plea. The notice shall specifically identify the person.
Sec. 2901.433. (A) As used in this section:
(1) "Public retirement system" and "alternative retirement plan" have the same meanings as in section 2907.15 of the Revised Code.
(2) "Position of honor, trust, or profit" has the same meaning as in division (F)(1)(b) of section 2929.192 of the Revised Code.
(3) "Accumulated contributions" has the same meaning as in section 2929.192 of the Revised Code.
(B)(1) On receipt of the notice under division (D) of section 2901.432 of the Revised Code, the attorney general shall determine whether the federal court that is charged with sentencing the offender who is subject to that section has issued an order of forfeiture of or writ of garnishment on the retirement allowance, pension, disability benefit, or other right or benefit of the offender who is a member, contributor, or participant in a public retirement system or alternative retirement plan. If the federal court has not issued that order or writ, the attorney general shall bring an action in the court of common pleas of Franklin county requesting the court to order a 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. The court shall notify the offender of the action and shall order the forfeiture if all of the following apply:
(a) The offender has been convicted of or pleaded guilty to an offense described in division (B)(1) of section 2901.432 of the Revised Code that was committed on or after the effective date of this section.
(b) The offense was committed within the context of the offender's public employment in a position of honor, trust, or profit.
(c) At the time of the offense, the offender was one of the following:
(i) A member of a public retirement system;
(ii) A contributor to a public retirement system eligible to receive a benefit under section 145.384, 742.26, 3307.352, or 3309.344 of the Revised Code;
(iii) A participant in an alternative retirement plan.
(2) The court of common pleas shall send a copy of the journal entry imposing the forfeiture order under division (B)(1) of this section to the appropriate public retirement system or alternative retirement plan in which the offender was a member, contributor, or participant.
(C) In any case in which the court of common pleas is required to order forfeiture under division (B) of this section, the offender may request a hearing regarding the forfeiture by delivering a written request for a hearing to the court not later than thirty days after receipt of the notice described in that division. If a request for a hearing is made by the offender, the court shall conduct the hearing. The court shall notify the offender, the United States attorney who handled the case in which the offender was convicted of or pleaded guilty to the offense for which the forfeiture order will be imposed, the attorney general who commenced the action under this section, and the appropriate public retirement system or alternative retirement plan provider, whichever is applicable, or, if more than one is specified in the action, 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 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 or if the court conducts a hearing but does not determine that there is good cause for the forfeiture order not to be issued, the court shall order the forfeiture described in division (B) of this section in accordance with that division and shall send a copy of the journal entry imposing the forfeiture order to the appropriate public retirement system or alternative retirement plan in which the offender was a member, contributor, or participant.
(D) Upon receipt of a copy of a journal entry under division (B) or (C) of this section that contains an order of forfeiture, 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.
(E) For purposes of division (B) of this section, a violation or offense that includes as an element a course of conduct or the occurrence of multiple acts is "committed on or after the effective date of this section" if the course of conduct continues, one or more of the multiple acts occurs, or the subject person's accountability for the course of conduct or for one or more of the multiple acts continues on or after the effective date of this section.
Sec. 2901.434.  (A) As used in this section:
(1) "Public retirement system" and "alternative retirement plan" have the same meanings as in section 2907.15 of the Revised Code.
(2) "Position of honor, trust, or profit" has the same meaning as in division (F)(1)(b) of section 2929.192 of the Revised Code.
(B) This section applies to an offender to whom all of the following apply:
(1) The offender has been convicted of or pleaded guilty to an offense listed in division (B)(1) of section 2901.432 of the Revised Code that was committed on or after the effective date of this section.
(2) The offense was committed within the context of the offender's public employment 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) On receipt of the notice under division (D) of section 2901.432 of the Revised Code, the attorney general shall determine whether the federal court that is charged with sentencing the offender who is subject to that section has issued an order of forfeiture of or writ of garnishment on the disability benefit of the offender who is a member, contributor, or participant in a public retirement system or an alternative retirement plan. If the federal court has not issued that order or writ, the attorney general shall bring an action in the court of common pleas of Franklin county requesting the court to order a termination of the offender's disability benefit. The court shall notify the offender of the action and shall order the termination of the offender's disability benefit if all of the conditions listed in division (B) of this section are met. Prior to issuing the order, 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 United States attorney who handled the case in which the offender was convicted of or pleaded guilty to the offense for which the order to terminate the disability benefit will be imposed, the attorney general, 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 division (B) of this section, a 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. 2927.28. (A) No person shall knowingly fail to send the written notice required by division (C) or (D) of section 2901.432 of the Revised Code.
(B) Whoever violates this section is guilty of failure to report a charge or conviction to a public retirement system or an alternative retirement plan, a misdemeanor of the fourth degree.
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 within the context of the offender's public employment 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;
(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 credit.
(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 credit.
(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 within the context of the offender's public employment 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. 3305.08.  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 income taxes imposed pursuant to section 5748.02, 5748.08, or 5748.09 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, 3305.09, and 3305.11 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. 3305.11.  (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 participant in an alternative retirement plan 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 2901.433 or 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 or division (C) of section 2901.432 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 (B)(1) of section 2901.432 or 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 those sections, 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 participant 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 either of the following:
(i) 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;
(ii) Section 2901.433 of the Revised Code, the day on which the provider receives from the court a copy of the journal entry imposing the forfeiture order 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 2901.434 or 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.
On receipt of notice under division (D) of section 2901.432 of the Revised Code that an alternative retirement plan participant has been convicted of or pleaded guilty to an offense listed in division (B)(1) of that section under the circumstances specified in that section, the entity shall determine whether the participant has been granted a disability benefit. If so, the entity shall send written notice to the attorney general that the participant has been granted a disability benefit under this chapter and may be subject to section 2901.434 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.
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) Documentation required by section 2901.434 or 2929.193 of the Revised Code shall be provided to a court holding a hearing under that section.
(C) The notice required by section 3305.12 of the Revised Code shall be provided to the prosecutor assigned to the case.
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, electronic mail 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 and includes any former member receiving a benefit under an STRS defined contribution plan.
(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)(1) All medical reports and recommendations received by the board from a member, member's physician, board-assigned physician, or other entity providing medical reports and recommendations to the board under sections 3307.48, 3307.62, and 3307.66 of the Revised Code are privileged, except as follows:
(a) Copies of medical reports or recommendations shall be made available by the board 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.
(b) Documentation required by section 2901.434 or 2929.193 of the Revised Code shall be provided to a court holding a hearing under that section.
(2) No medical report or recommendation received by the board under section 3307.48, 3307.62, or 3307.66 of the Revised Code shall be released to the individual concerned or considered a medical record generated and maintained by a health care provider in the process of establishing a therapeutic relationship.
(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 complete list of the names and addresses of members, retirants, 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 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. 3307.372.  (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 member or 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 2901.433 or 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 or division (C) of section 2901.432 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 (B)(1) of section 2901.432 or 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 those sections, 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 member or 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 either of the following:
(i) 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;
(ii) Section 2901.433 of the Revised Code, the day on which the system receives from the court a copy of the journal entry imposing the forfeiture order 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 2901.434 or 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.
On receipt of notice under division (D) of section 2901.432 of the Revised Code that a state teachers retirement system member has been convicted of or pleaded guilty to an offense listed in division (B)(1) of that section under the circumstances specified in that section, the system shall determine whether the member has been granted a disability benefit. If so, the system shall send written notice to the attorney general that the member has been granted a disability benefit under this chapter and may be subject to section 2901.434 of the Revised Code.
Sec. 3309.22.  (A)(1) As used in this division, "personal history record" means information maintained in any format by the board on an individual who is a member, former member, contributor, former contributor, retirant, or beneficiary that includes the address, electronic mail 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 and may be made available in printed or electronic format, 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 as follows:
(1) Copies of medical reports or recommendations shall be made available to the following:
(a) The individual concerned, on written request;
(b) The personal physician, attorney, or authorized agent of the individual concerned on written release received from the individual or the individual's agent;
(c) The board assigned physician.
(2) Documentation required by section 2901.434 or 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 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. 3309.672.  (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 member or 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 2901.433 or 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 or division (C) of section 2901.432 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 (B)(1) of section 2901.432 or 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 those sections, 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 member or 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 either of the following:
(i) 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;
(ii) Section 2901.433 of the Revised Code, the day on which the system receives from the court a copy of the journal entry imposing the forfeiture order 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 2901.434 or 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.
On receipt of notice under division (D) of section 2901.432 of the Revised Code that a school employees retirement system member has been convicted of or pleaded guilty to an offense listed in division (B)(1) of that section under the circumstances specified in that section, the system shall determine whether the member has been granted a disability benefit. If so, the system shall send written notice to the attorney general that the member has been granted a disability benefit under this chapter and may be subject to section 2901.434 of the Revised Code.
Sec. 3309.691.  The school employees retirement board shall may establish a program under which members of the retirement system, employers on behalf of members, and persons receiving service, disability, or survivor benefits are permitted to participate in contracts for long-term health care insurance. Participation may include dependents and family members. If a participant in a contract for long-term care insurance leaves employment, the participant and the participant's dependents and family members may, at their election, continue to participate in a program established under this section in the same manner as if the participant had not left employment, except that no part of the cost of the insurance shall be paid by the participant's former employer.
Such program may be established independently or jointly with one or more of the other retirement systems. For purposes of this section, "retirement systems" has the same meaning as in division (A) of section 145.581 of the Revised Code.
The board may enter into an agreement with insurance companies, health insuring corporations, or government agencies authorized to do business in the state for issuance of a long-term care insurance policy or contract. However, prior to entering into such an agreement with an insurance company or health insuring corporation, the board shall request the superintendent of insurance to certify the financial condition of the company or corporation. The board shall not enter into the agreement if, according to that certification, the company or corporation is insolvent, is determined by the superintendent to be potentially unable to fulfill its contractual obligations, or is placed under an order of rehabilitation or conservation by a court of competent jurisdiction or under an order of supervision by the superintendent.
The board shall may adopt rules in accordance with section 111.15 of the Revised Code governing the program. The Any rules adopted by the board shall establish methods of payment for participation under this section, which may include establishment of a payroll deduction plan under section 3309.27 of the Revised Code, deduction of the full premium charged from a person's service, disability, or survivor benefit, or any other method of payment considered appropriate by the board. If the program is established jointly with one or more of the other retirement systems, the rules also shall establish the terms and conditions of such joint participation.
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.
(D) All medical reports and recommendations are privileged except 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.
(2) Documentation required by section 2901.434 or 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 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.
(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. 5505.262.  (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 member or 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 2901.433 or 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 or division (C) of section 2901.432 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 (B)(1) of section 2901.432 or 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 those sections, 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 member or 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 either of the following:
(i) 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;
(ii) Section 2901.433 of the Revised Code, the day on which the system receives from the court a copy of the journal entry imposing the forfeiture order 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 2901.434 or 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.
On receipt of notice under division (D) of section 2901.432 of the Revised Code that a state highway patrol retirement system member has been convicted of or pleaded guilty to an offense listed in division (B)(1) of that section under the circumstances specified in that section, the system shall determine whether the member has been granted a disability benefit. If so, the system shall send written notice to the attorney general that the member has been granted a disability benefit under this chapter and may be subject to section 2901.434 of the Revised Code.
Sec. 5505.33.  (A) As used in this section:
(1) "Long-term care insurance" has the same meaning as in section 3923.41 of the Revised Code.
(2) "Retirement systems" has the same meaning as in division (A) of section 145.581 of the Revised Code.
(B) The state highway patrol retirement board shall may establish a program under which members of the retirement system, employers on behalf of members, and persons receiving service or disability pensions or survivor benefits are permitted to participate in contracts for long-term care insurance. Participation may include dependents and family members. If a participant in a contract for long-term care insurance leaves employment, the person and the person's dependents and family members may, at their election, continue to participate in a program established under this section in the same manner as if the person had not left employment, except that no part of the cost of the insurance shall be paid by the person's former employer. Such program may be established independently or jointly with one or more of the retirement systems.
(C) The board may enter into an agreement with insurance companies, health insuring corporations, or government agencies authorized to do business in the state for issuance of a long-term care insurance policy or contract. However, prior to entering into such an agreement with an insurance company or health insuring corporation, the board shall request the superintendent of insurance to certify the financial condition of the company or corporation. The board shall not enter into the agreement if, according to that certification, the company or corporation is insolvent, is determined by the superintendent to be potentially unable to fulfill its contractual obligations, or is placed under an order of rehabilitation or conservation by a court of competent jurisdiction or under an order of supervision by the superintendent.
(D) The board shall may adopt rules in accordance with section 111.15 of the Revised Code governing the program. The Any rules adopted by the board shall establish methods of payment for participation under this section, which may include establishment of a payroll deduction plan under section 5505.203 of the Revised Code, deduction of the full premium charged from a person's service or disability pension or survivor benefit, or any other method of payment considered appropriate by the board. If the program is established jointly with one or more of the other retirement systems, the rules also shall establish the terms and conditions of such joint participation.
Section 2.  That existing sections 145.27, 145.572, 145.573, 145.581, 742.41, 742.463, 742.464, 742.53, 2329.66, 2901.43, 2929.192, 2929.193, 3305.08, 3305.11, 3305.12, 3305.20, 3307.20, 3307.372, 3307.373, 3309.22, 3309.672, 3309.673, 3309.691, 5505.04, 5505.262, 5505.263, and 5505.33 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 both Sub. H.B. 479 and Sub. S.B. 343 of the 129th 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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