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To amend sections 145.27, 145.572, 145.573, 145.581, | 1 |
742.41, 742.463, 742.464, 742.53, 2329.66, | 2 |
2901.43, 2929.192, 2929.193, 3305.08, 3305.11, | 3 |
3305.12, 3305.20, 3307.20, 3307.372, 3307.373, | 4 |
3309.22, 3309.672, 3309.673, 3309.691, 5505.04, | 5 |
5505.262, 5505.263, and 5505.33, and to enact | 6 |
sections 2901.432, 2901.433, 2901.434, and 2927.28 | 7 |
of the Revised Code to add extortion and perjury | 8 |
and certain federal offenses to the offenses | 9 |
committed by a public retirement system member in | 10 |
the context of the member's public employment in a | 11 |
position of honor, trust, or profit that may | 12 |
result in forfeiture of retirement system benefits | 13 |
or the termination of retirement system disability | 14 |
benefits and to make the establishment of a long | 15 |
term care insurance program by a public retirement | 16 |
system discretionary. | 17 |
Section 1. That sections 145.27, 145.572, 145.573, 145.581, | 18 |
742.41, 742.463, 742.464, 742.53, 2329.66, 2901.43, 2929.192, | 19 |
2929.193, 3305.08, 3305.11, 3305.12, 3305.20, 3307.20, 3307.372, | 20 |
3307.373, 3309.22, 3309.672, 3309.673, 3309.691, 5505.04, | 21 |
5505.262, 5505.263, and 5505.33 be amended and sections 2901.432, | 22 |
2901.433, 2901.434, and 2927.28 of the Revised Code be enacted to | 23 |
read as follows: | 24 |
Sec. 145.27. (A)(1) As used in this division, "personal | 25 |
history record" means information maintained by the public | 26 |
employees retirement board on an individual who is a member, | 27 |
former member, contributor, former contributor, retirant, or | 28 |
beneficiary that includes the address, telephone number, social | 29 |
security number, record of contributions, correspondence with the | 30 |
public employees retirement system, or other information the board | 31 |
determines to be confidential. | 32 |
(2) The records of the board shall be open to public | 33 |
inspection and may be made available in printed or electronic | 34 |
format, except that the following shall be excluded, except with | 35 |
the written authorization of the individual concerned: | 36 |
(a) The individual's statement of previous service and other | 37 |
information as provided for in section 145.16 of the Revised Code; | 38 |
(b) The amount of a monthly allowance or benefit paid to the | 39 |
individual; | 40 |
(c) The individual's personal history record. | 41 |
(B) All medical reports and recommendations required by this | 42 |
chapter are privileged, except as follows: | 43 |
(1) Copies of medical reports or recommendations shall be | 44 |
made available to the personal physician, attorney, or authorized | 45 |
agent of the individual concerned upon written release from the | 46 |
individual or the individual's agent, or when necessary for the | 47 |
proper administration of the fund, to the board assigned | 48 |
physician. | 49 |
(2) Documentation required by section 2901.434 or 2929.193 of | 50 |
the Revised Code shall be provided to a court holding a hearing | 51 |
under that section. | 52 |
(C) Any person who is a member or contributor of the system | 53 |
shall be furnished with a statement of the amount to the credit of | 54 |
the individual's account upon written request. The board is not | 55 |
required to answer more than one such request of a person in any | 56 |
one year. The board may issue annual statements of accounts to | 57 |
members and contributors. | 58 |
(D) Notwithstanding the exceptions to public inspection in | 59 |
division (A)(2) of this section, the board may furnish the | 60 |
following information: | 61 |
(1) If a member, former member, contributor, former | 62 |
contributor, or retirant is subject to an order issued under | 63 |
section 2907.15 of the Revised Code or an order issued under | 64 |
division (A) or (B) of section 2929.192 of the Revised Code or is | 65 |
convicted of or pleads guilty to a violation of section 2921.41 of | 66 |
the Revised Code, on written request of a prosecutor as defined in | 67 |
section 2935.01 of the Revised Code, the board shall furnish to | 68 |
the prosecutor the information requested from the individual's | 69 |
personal history record. | 70 |
(2) Pursuant to a court or administrative order issued | 71 |
pursuant to Chapter 3119., 3121., 3123., or 3125. of the Revised | 72 |
Code, the board shall furnish to a court or child support | 73 |
enforcement agency the information required under that section. | 74 |
(3) At the written request of any person, the board shall | 75 |
provide to the person a list of the names and addresses of | 76 |
members, former members, contributors, former contributors, | 77 |
retirants, or beneficiaries. The costs of compiling, copying, and | 78 |
mailing the list shall be paid by such person. | 79 |
(4) Within fourteen days after receiving from the director of | 80 |
job and family services a list of the names and social security | 81 |
numbers of recipients of public assistance pursuant to section | 82 |
5101.181 of the Revised Code, the board shall inform the auditor | 83 |
of state of the name, current or most recent employer address, and | 84 |
social security number of each member whose name and social | 85 |
security number are the same as that of a person whose name or | 86 |
social security number was submitted by the director. The board | 87 |
and its employees shall, except for purposes of furnishing the | 88 |
auditor of state with information required by this section, | 89 |
preserve the confidentiality of recipients of public assistance in | 90 |
compliance with section 5101.181 of the Revised Code. | 91 |
(5) The system shall comply with orders issued under section | 92 |
3105.87 of the Revised Code. | 93 |
On the written request of an alternate payee, as defined in | 94 |
section 3105.80 of the Revised Code, the system shall furnish to | 95 |
the alternate payee information on the amount and status of any | 96 |
amounts payable to the alternate payee under an order issued under | 97 |
section 3105.171 or 3105.65 of the Revised Code. | 98 |
(6) At the request of any person, the board shall make | 99 |
available to the person copies of all documents, including | 100 |
resumes, in the board's possession regarding filling a vacancy of | 101 |
an employee member or retirant member of the board. The person who | 102 |
made the request shall pay the cost of compiling, copying, and | 103 |
mailing the documents. The information described in division | 104 |
(D)(6) of this section is a public record. | 105 |
(7) The system shall provide the notice required by section | 106 |
145.573 of the Revised Code to the prosecutor assigned to the | 107 |
case. | 108 |
(8) The system may provide information requested by the | 109 |
United States social security administration, United States | 110 |
centers for medicare and medicaid, Ohio public employees deferred | 111 |
compensation program, Ohio police and fire pension fund, school | 112 |
employees retirement system, state teachers retirement system, | 113 |
state highway patrol retirement system, or Cincinnati retirement | 114 |
system. | 115 |
(E) A statement that contains information obtained from the | 116 |
system's records that is signed by the executive director or an | 117 |
officer of the system and to which the system's official seal is | 118 |
affixed, or copies of the system's records to which the signature | 119 |
and seal are attached, shall be received as true copies of the | 120 |
system's records in any court or before any officer of this state. | 121 |
(F) For purposes of this section, the board may maintain | 122 |
records in printed or electronic format. | 123 |
Sec. 145.572. (A)(1) Notwithstanding any other provision of | 124 |
this chapter, the following shall be subject to a forfeiture | 125 |
ordered under | 126 |
of the Revised Code: | 127 |
(a) The right of a member to receive any payment under a | 128 |
pension, annuity, allowance, or other type of benefit under this | 129 |
chapter, other than a payment of the accumulated contributions | 130 |
standing to the person's credit under this chapter; | 131 |
(b) The right of a contributor to receive a benefit under | 132 |
division (B) of section 145.384 of the Revised Code, other than a | 133 |
payment of the person's contributions made under section 145.38 or | 134 |
145.383 of the Revised Code. | 135 |
(2) The public employees retirement system shall comply with | 136 |
a forfeiture order issued under | 137 |
2901.433 or 2929.192 of the Revised Code at the time the member or | 138 |
contributor applies for payment of the person's accumulated | 139 |
contributions. Upon payment of the person's contributions and | 140 |
cancellation of any corresponding service credit, a person who is | 141 |
subject to the forfeiture order described in this division may not | 142 |
restore any canceled service credit under this chapter or the | 143 |
provisions of Chapter 742., 3305., 3307., 3309., or 5505. of the | 144 |
Revised Code. | 145 |
(B) Notwithstanding any other provision of this chapter, if | 146 |
the system receives notice pursuant to section 2901.43 or division | 147 |
(C) of section 2901.432 of the Revised Code that a person who has | 148 |
accumulated contributions standing to the person's credit pursuant | 149 |
to this chapter is charged with any offense or violation | 150 |
described in
| 151 |
division (D) | 152 |
153 | |
154 |
(1) No payment of those accumulated contributions or of any | 155 |
other amount or amounts to be paid to a person who is a member or | 156 |
contributor under this chapter upon the person's withdrawal of | 157 |
contributions pursuant to this chapter shall be made prior to | 158 |
whichever of the following is applicable: | 159 |
(a) If the person is convicted of or pleads guilty to the | 160 |
charge and forfeiture is ordered under | 161 |
162 |
(i) Section 2929.192 of the Revised Code, the day on which | 163 |
the system receives from the court a copy of the journal entry of | 164 |
the offender's sentence under that section; | 165 |
(ii) Section 2901.433 of the Revised Code, the day on which | 166 |
the system receives from the court a copy of the journal entry | 167 |
imposing the forfeiture order under that section. | 168 |
(b) If the charge against the person is dismissed, the person | 169 |
is found not guilty of the charge, or the person is found not | 170 |
guilty by reason of insanity of the charge, the day on which the | 171 |
system receives notice of the final disposition of the charge. | 172 |
(2) The system shall not process any application for payment | 173 |
under this chapter from the person prior to the final disposition | 174 |
of the charge. | 175 |
Sec. 145.573. Notwithstanding any other provision of this | 176 |
chapter, a disability benefit granted under this chapter is | 177 |
subject to an order issued under section 2901.434 or 2929.193 of | 178 |
the Revised Code. The public employees retirement board shall | 179 |
comply with the order. | 180 |
On receipt of notice under section 2901.43 of the Revised | 181 |
Code that a public employees retirement system member is charged | 182 |
with an offense listed in division (D) of section 2929.192 of the | 183 |
Revised Code under the circumstances specified in that | 184 |
section, the system shall determine whether the member has been | 185 |
granted a disability benefit. If so, the system shall send written | 186 |
notice to the prosecutor assigned to the case that the member has | 187 |
been granted a disability benefit under this chapter and may be | 188 |
subject to section 2929.193 of the Revised Code. | 189 |
On receipt of notice under division (D) of section 2901.432 | 190 |
of the Revised Code that a public employees retirement system | 191 |
member has been convicted of or pleaded guilty to an offense | 192 |
listed in division (B)(1) of that section under the circumstances | 193 |
specified in that section, the system shall determine whether the | 194 |
member has been granted a disability benefit. If so, the system | 195 |
shall send written notice to the attorney general that the member | 196 |
has been granted a disability benefit under this chapter and may | 197 |
be subject to section 2901.434 of the Revised Code. | 198 |
Sec. 145.581. (A) As used in this section: | 199 |
(1) "Long-term care insurance" has the same meaning as in | 200 |
section 3923.41 of the Revised Code. | 201 |
(2) "Retirement systems" means the public employees | 202 |
retirement system, the Ohio police and fire pension fund, the | 203 |
state teachers retirement system, the school employees retirement | 204 |
system, and the state highway patrol retirement system. | 205 |
(B) The public employees retirement board | 206 |
a long-term care insurance program consisting of the programs | 207 |
authorized by divisions (C) and (D) of this section. Such program | 208 |
may be established independently or jointly with one or more of | 209 |
the other retirement systems. If the program is established | 210 |
jointly, the board shall adopt rules in accordance with section | 211 |
111.15 of the Revised Code to establish the terms and conditions | 212 |
of such joint participation. | 213 |
(C) The board | 214 |
makes long-term care insurance available to any person who | 215 |
participated in a policy of long-term care insurance for which the | 216 |
state or a political subdivision contracted under section 124.84 | 217 |
or 124.841 of the Revised Code and is the recipient of a pension, | 218 |
benefit, or allowance from the system. To implement the program | 219 |
under this division, the board, subject to division (E) of this | 220 |
section, may enter into an agreement with the insurance company, | 221 |
health insuring corporation, or government agency that provided | 222 |
the insurance. The board shall, under any such agreement, deduct | 223 |
the full premium charged from the person's benefit, pension, or | 224 |
allowance notwithstanding any employer agreement to the contrary. | 225 |
Any long-term care insurance policy entered into under this | 226 |
division is subject to division (C) of section 124.84 of the | 227 |
Revised Code. | 228 |
(D)(1) The board, subject to division (E) of this section, | 229 |
230 | |
pension, benefit, or allowance from the system who is not eligible | 231 |
for such insurance under division (C) of this section may | 232 |
participate in a contract for long-term care insurance. | 233 |
Participation may include the recipient's dependents and family | 234 |
members. | 235 |
(2) The board | 236 |
section 111.15 of the Revised Code governing the program. | 237 |
rules adopted by the board shall establish methods of payment for | 238 |
participation under this section, which may include deduction of | 239 |
the full premium charged from a recipient's pension, benefit, or | 240 |
allowance, or any other method of payment considered appropriate | 241 |
by the board. | 242 |
(E) Prior to entering into any agreement or contract with an | 243 |
insurance company or health insuring corporation for the purchase | 244 |
of, or participation in, a long-term care insurance policy under | 245 |
this section, the board shall request the superintendent of | 246 |
insurance to certify the financial condition of the company or | 247 |
corporation. The board shall not enter into the agreement or | 248 |
contract if, according to that certification, the company or | 249 |
corporation is insolvent, is determined by the superintendent to | 250 |
be potentially unable to fulfill its contractual obligations, or | 251 |
is placed under an order of rehabilitation or conservation by a | 252 |
court of competent jurisdiction or under an order of supervision | 253 |
by the superintendent. | 254 |
Sec. 742.41. (A) As used in this section: | 255 |
(1) "Other system retirant" has the same meaning as in | 256 |
section 742.26 of the Revised Code. | 257 |
(2) "Personal history record" includes a member's, former | 258 |
member's, or other system retirant's name, address, telephone | 259 |
number, social security number, record of contributions, | 260 |
correspondence with the Ohio police and fire pension fund, status | 261 |
of any application for benefits, and any other information deemed | 262 |
confidential by the trustees of the fund. | 263 |
(B) The treasurer of state shall furnish annually to the | 264 |
board of trustees of the fund a sworn statement of the amount of | 265 |
the funds in the treasurer of state's custody belonging to the | 266 |
Ohio police and fire pension fund. The records of the fund shall | 267 |
be open for public inspection except for the following, which | 268 |
shall be excluded, except with the written authorization of the | 269 |
individual concerned: | 270 |
(1) The individual's personal history record; | 271 |
(2) Any information identifying, by name and address, the | 272 |
amount of a monthly allowance or benefit paid to the individual. | 273 |
(C) All medical reports and recommendations required are | 274 |
privileged, except as follows: | 275 |
(1) Copies of medical reports or recommendations shall be | 276 |
made available to the personal physician, attorney, or authorized | 277 |
agent of the individual concerned upon written release received | 278 |
from the individual or the individual's agent or, when necessary | 279 |
for the proper administration of the fund, to the board-assigned | 280 |
physician. | 281 |
(2) Documentation required by section 2901.434 or 2929.193 of | 282 |
the Revised Code shall be provided to a court holding a hearing | 283 |
under that section. | 284 |
(D) Any person who is a member of the fund or an other system | 285 |
retirant shall be furnished with a statement of the amount to the | 286 |
credit of the person's individual account upon the person's | 287 |
written request. The fund need not answer more than one such | 288 |
request of a person in any one year. | 289 |
(E) Notwithstanding the exceptions to public inspection in | 290 |
division (B) of this section, the fund may furnish the following | 291 |
information: | 292 |
(1) If a member, former member, or other system retirant is | 293 |
subject to an order issued under section 2907.15 of the Revised | 294 |
Code or an order issued under division (A) or (B) of section | 295 |
2929.192 of the Revised Code or is convicted of or pleads guilty | 296 |
to a violation of section 2921.41 of the Revised Code, on written | 297 |
request of a prosecutor as defined in section 2935.01 of the | 298 |
Revised Code, the fund shall furnish to the prosecutor the | 299 |
information requested from the individual's personal history | 300 |
record. | 301 |
(2) Pursuant to a court order issued pursuant to Chapter | 302 |
3119., 3121., 3123., or 3125. of the Revised Code, the fund shall | 303 |
furnish to a court or child support enforcement agency the | 304 |
information required under that section. | 305 |
(3) At the request of any organization or association of | 306 |
members of the fund, the fund shall provide a list of the names | 307 |
and addresses of members of the fund and other system retirants. | 308 |
The fund shall comply with the request of such organization or | 309 |
association at least once a year and may impose a reasonable | 310 |
charge for the list. | 311 |
(4) Within fourteen days after receiving from the director of | 312 |
job and family services a list of the names and social security | 313 |
numbers of recipients of public assistance pursuant to section | 314 |
5101.181 of the Revised Code, the fund shall inform the auditor of | 315 |
state of the name, current or most recent employer address, and | 316 |
social security number of each member or other system retirant | 317 |
whose name and social security number are the same as that of a | 318 |
person whose name or social security number was submitted by the | 319 |
director. The fund and its employees shall, except for purposes of | 320 |
furnishing the auditor of state with information required by this | 321 |
section, preserve the confidentiality of recipients of public | 322 |
assistance in compliance with section 5101.181 of the Revised | 323 |
Code. | 324 |
(5) The fund shall comply with orders issued under section | 325 |
3105.87 of the Revised Code. | 326 |
On the written request of an alternate payee, as defined in | 327 |
section 3105.80 of the Revised Code, the fund shall furnish to the | 328 |
alternate payee information on the amount and status of any | 329 |
amounts payable to the alternate payee under an order issued under | 330 |
section 3105.171 or 3105.65 of the Revised Code. | 331 |
(6) At the request of any person, the fund shall make | 332 |
available to the person copies of all documents, including | 333 |
resumes, in the fund's possession regarding filling a vacancy of a | 334 |
police officer employee member, firefighter employee member, | 335 |
police retirant member, or firefighter retirant member of the | 336 |
board of trustees. The person who made the request shall pay the | 337 |
cost of compiling, copying, and mailing the documents. The | 338 |
information described in this division is a public record. | 339 |
(7) The fund shall provide the notice required by section | 340 |
742.464 of the Revised Code to the prosecutor assigned to the | 341 |
case. | 342 |
(F) A statement that contains information obtained from the | 343 |
fund's records that is signed by the secretary of the board of | 344 |
trustees of the Ohio police and fire pension fund and to which the | 345 |
board's official seal is affixed, or copies of the fund's records | 346 |
to which the signature and seal are attached, shall be received as | 347 |
true copies of the fund's records in any court or before any | 348 |
officer of this state. | 349 |
Sec. 742.463. (A) Notwithstanding any other provision of | 350 |
this chapter, any payment of accumulated contributions standing to | 351 |
a person's credit under this chapter and any other amount or | 352 |
amounts to be paid to a person who is a member or contributor | 353 |
under this chapter upon the person's withdrawal of contributions | 354 |
pursuant to this chapter shall be subject to any forfeiture | 355 |
ordered under
| 356 |
of the Revised Code, and the Ohio police and fire pension fund | 357 |
shall comply with that order in making the payment. Upon payment | 358 |
of the person's accumulated contributions and cancellation of the | 359 |
corresponding service credit, a person who is subject to the | 360 |
forfeiture described in this division may not restore the canceled | 361 |
service credit under this chapter or under Chapter 145., 3305., | 362 |
3307., 3309., or 5505. of the Revised Code. | 363 |
(B) Notwithstanding any other provision of this chapter, if | 364 |
the fund receives notice pursuant to section 2901.43 or division | 365 |
(C) of section 2901.432 of the Revised Code that a person who has | 366 |
accumulated contributions standing to the person's credit pursuant | 367 |
to this chapter is charged with any offense or violation | 368 |
described in
| 369 |
division (D) | 370 |
371 | |
372 |
(1) No payment of those accumulated contributions or of any | 373 |
other amount or amounts to be paid to a person who is a member or | 374 |
contributor under this chapter upon the person's withdrawal of | 375 |
contributions pursuant to this chapter shall be made prior to | 376 |
whichever of the following is applicable: | 377 |
(a) If the person is convicted of or pleads guilty to the | 378 |
charge and forfeiture is ordered under | 379 |
380 |
(i) Section 2929.192 of the Revised Code, the day on which | 381 |
the fund receives from the court a copy of the journal entry of | 382 |
the offender's sentence under that section; | 383 |
(ii) Section 2901.433 of the Revised Code, the day on which | 384 |
the fund receives from the court a copy of the journal entry | 385 |
imposing the forfeiture order under that section. | 386 |
(b) If the charge against the person is dismissed, the person | 387 |
is found not guilty of the charge, or the person is found not | 388 |
guilty by reason of insanity of the charge, the day on which the | 389 |
fund receives notice of the final disposition of the charge. | 390 |
(2) The fund shall not process any application for payment | 391 |
under this chapter from the person prior to the final disposition | 392 |
of the charge. | 393 |
Sec. 742.464. Notwithstanding any other provision of this | 394 |
chapter, a disability benefit granted under this chapter is | 395 |
subject to an order issued under section 2901.434 or 2929.193 of | 396 |
the Revised Code. The board of trustees of the Ohio police and | 397 |
fire pension fund shall comply with the order. | 398 |
On receipt of notice under section 2901.43 of the Revised | 399 |
Code that an Ohio police and fire pension fund member is charged | 400 |
with an offense listed in division (D) of section 2929.192 of the | 401 |
Revised Code under the circumstances specified in that | 402 |
section, the fund shall determine whether the member has been | 403 |
granted a disability benefit. If so, the fund shall send written | 404 |
notice to the prosecutor assigned to the case that the member has | 405 |
been granted a disability benefit under this chapter and may be | 406 |
subject to section 2929.193 of the Revised Code. | 407 |
On receipt of notice under division (D) of section 2901.432 | 408 |
of the Revised Code that an Ohio police and fire pension fund | 409 |
member has been convicted of or pleaded guilty to an offense | 410 |
listed in division (B)(1) of that section under the circumstances | 411 |
specified in that section, the fund shall determine whether the | 412 |
member has been granted a disability benefit. If so, the fund | 413 |
shall send written notice to the attorney general that the member | 414 |
has been granted a disability benefit under this chapter and may | 415 |
be subject to section 2901.434 of the Revised Code. | 416 |
Sec. 742.53. (A) As used in this section: | 417 |
(1) "Long-term care insurance" has the same meaning as in | 418 |
section 3923.41 of the Revised Code. | 419 |
(2) "Retirement systems" has the same meaning as in division | 420 |
(A) of section 145.581 of the Revised Code. | 421 |
(B) The board of trustees of the Ohio police and fire pension | 422 |
fund | 423 |
fund, employers on behalf of members, and persons receiving | 424 |
service or disability pensions or survivor benefits are permitted | 425 |
to participate in contracts for long-term care insurance. | 426 |
Participation may include dependents and family members. If a | 427 |
participant in a contract for long-term care insurance leaves | 428 |
employment, the participant and the participant's dependents and | 429 |
family members may, at their election, continue to participate in | 430 |
a program established under this section in the same manner as if | 431 |
the participant had not left employment, except that no part of | 432 |
the cost of the insurance shall be paid by the participant's | 433 |
former employer. | 434 |
Such program may be established independently or jointly with | 435 |
one or more of the other retirement systems. | 436 |
(C) The fund may enter into an agreement with insurance | 437 |
companies, health insuring corporations, or government agencies | 438 |
authorized to do business in the state for issuance of a long-term | 439 |
care policy or contract. However, prior to entering into such an | 440 |
agreement with an insurance company or health insuring | 441 |
corporation, the fund shall request the superintendent of | 442 |
insurance to certify the financial condition of the company or | 443 |
corporation. The fund shall not enter into the agreement if, | 444 |
according to that certification, the company or corporation is | 445 |
insolvent, is determined by the superintendent to be potentially | 446 |
unable to fulfill its contractual obligations, or is placed under | 447 |
an order of rehabilitation or conservation by a court of competent | 448 |
jurisdiction or under an order of supervision by the | 449 |
superintendent. | 450 |
(D) The board | 451 |
section 111.15 of the Revised Code governing the program. | 452 |
rules adopted by the board shall establish methods of payment for | 453 |
participation under this section, which may include establishment | 454 |
of a payroll deduction plan under section 742.56 of the Revised | 455 |
Code, deduction of the full premium charged from a person's | 456 |
service or disability pension or survivor benefit, or any other | 457 |
method of payment considered appropriate by the board. If the | 458 |
program is established jointly with one or more of the other | 459 |
retirement systems, the rules also shall establish the terms and | 460 |
conditions of such joint participation. | 461 |
Sec. 2329.66. (A) Every person who is domiciled in this | 462 |
state may hold property exempt from execution, garnishment, | 463 |
attachment, or sale to satisfy a judgment or order, as follows: | 464 |
(1)(a) In the case of a judgment or order regarding money | 465 |
owed for health care services rendered or health care supplies | 466 |
provided to the person or a dependent of the person, one parcel or | 467 |
item of real or personal property that the person or a dependent | 468 |
of the person uses as a residence. Division (A)(1)(a) of this | 469 |
section does not preclude, affect, or invalidate the creation | 470 |
under this chapter of a judgment lien upon the exempted property | 471 |
but only delays the enforcement of the lien until the property is | 472 |
sold or otherwise transferred by the owner or in accordance with | 473 |
other applicable laws to a person or entity other than the | 474 |
surviving spouse or surviving minor children of the judgment | 475 |
debtor. Every person who is domiciled in this state may hold | 476 |
exempt from a judgment lien created pursuant to division (A)(1)(a) | 477 |
of this section the person's interest, not to exceed one hundred | 478 |
twenty-five thousand dollars, in the exempted property. | 479 |
(b) In the case of all other judgments and orders, the | 480 |
person's interest, not to exceed one hundred twenty-five thousand | 481 |
dollars, in one parcel or item of real or personal property that | 482 |
the person or a dependent of the person uses as a residence. | 483 |
(c) For purposes of divisions (A)(1)(a) and (b) of this | 484 |
section, "parcel" means a tract of real property as identified on | 485 |
the records of the auditor of the county in which the real | 486 |
property is located. | 487 |
(2) The person's interest, not to exceed three thousand two | 488 |
hundred twenty-five dollars, in one motor vehicle; | 489 |
(3) The person's interest, not to exceed four hundred | 490 |
dollars, in cash on hand, money due and payable, money to become | 491 |
due within ninety days, tax refunds, and money on deposit with a | 492 |
bank, savings and loan association, credit union, public utility, | 493 |
landlord, or other person, other than personal earnings. | 494 |
(4)(a) The person's interest, not to exceed five hundred | 495 |
twenty-five dollars in any particular item or ten thousand seven | 496 |
hundred seventy-five dollars in aggregate value, in household | 497 |
furnishings, household goods, wearing apparel, appliances, books, | 498 |
animals, crops, musical instruments, firearms, and hunting and | 499 |
fishing equipment that are held primarily for the personal, | 500 |
family, or household use of the person; | 501 |
(b) The person's aggregate interest in one or more items of | 502 |
jewelry, not to exceed one thousand three hundred fifty dollars, | 503 |
held primarily for the personal, family, or household use of the | 504 |
person or any of the person's dependents. | 505 |
(5) The person's interest, not to exceed an aggregate of two | 506 |
thousand twenty-five dollars, in all implements, professional | 507 |
books, or tools of the person's profession, trade, or business, | 508 |
including agriculture; | 509 |
(6)(a) The person's interest in a beneficiary fund set apart, | 510 |
appropriated, or paid by a benevolent association or society, as | 511 |
exempted by section 2329.63 of the Revised Code; | 512 |
(b) The person's interest in contracts of life or endowment | 513 |
insurance or annuities, as exempted by section 3911.10 of the | 514 |
Revised Code; | 515 |
(c) The person's interest in a policy of group insurance or | 516 |
the proceeds of a policy of group insurance, as exempted by | 517 |
section 3917.05 of the Revised Code; | 518 |
(d) The person's interest in money, benefits, charity, | 519 |
relief, or aid to be paid, provided, or rendered by a fraternal | 520 |
benefit society, as exempted by section 3921.18 of the Revised | 521 |
Code; | 522 |
(e) The person's interest in the portion of benefits under | 523 |
policies of sickness and accident insurance and in lump sum | 524 |
payments for dismemberment and other losses insured under those | 525 |
policies, as exempted by section 3923.19 of the Revised Code. | 526 |
(7) The person's professionally prescribed or medically | 527 |
necessary health aids; | 528 |
(8) The person's interest in a burial lot, including, but not | 529 |
limited to, exemptions under section 517.09 or 1721.07 of the | 530 |
Revised Code; | 531 |
(9) The person's interest in the following: | 532 |
(a) Moneys paid or payable for living maintenance or rights, | 533 |
as exempted by section 3304.19 of the Revised Code; | 534 |
(b) Workers' compensation, as exempted by section 4123.67 of | 535 |
the Revised Code; | 536 |
(c) Unemployment compensation benefits, as exempted by | 537 |
section 4141.32 of the Revised Code; | 538 |
(d) Cash assistance payments under the Ohio works first | 539 |
program, as exempted by section 5107.75 of the Revised Code; | 540 |
(e) Benefits and services under the prevention, retention, | 541 |
and contingency program, as exempted by section 5108.08 of the | 542 |
Revised Code; | 543 |
(f) Disability financial assistance payments, as exempted by | 544 |
section 5115.06 of the Revised Code; | 545 |
(g) Payments under section 24 or 32 of the "Internal Revenue | 546 |
Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended. | 547 |
(10)(a) Except in cases in which the person was convicted of | 548 |
or pleaded guilty to a violation of section 2921.41 of the Revised | 549 |
Code and in which an order for the withholding of restitution from | 550 |
payments was issued under division (C)(2)(b) of that section, in | 551 |
cases in which an order for withholding was issued under section | 552 |
2907.15 of the Revised Code, in cases in which an order for | 553 |
forfeiture was issued under division (B) or (C) of section | 554 |
2901.433 or division (A) or (B) of section 2929.192 of the Revised | 555 |
Code, and in cases in which an order was issued under section | 556 |
2901.434, 2929.193, or 2929.194 of the Revised Code, and only to | 557 |
the extent provided in the order, and except as provided in | 558 |
sections 3105.171, 3105.63, 3119.80, 3119.81, 3121.02, 3121.03, | 559 |
and 3123.06 of the Revised Code, the person's rights to or | 560 |
interests in a pension, benefit, annuity, retirement allowance, or | 561 |
accumulated contributions, the person's rights to or interests in | 562 |
a participant account in any deferred compensation program offered | 563 |
by the Ohio public employees deferred compensation board, a | 564 |
government unit, or a municipal corporation, or the person's other | 565 |
accrued or accruing rights or interests, as exempted by section | 566 |
145.56, 146.13, 148.09, 742.47, 3307.41, 3309.66, or 5505.22 of | 567 |
the Revised Code, and the person's rights to or interests in | 568 |
benefits from the Ohio public safety officers death benefit fund; | 569 |
(b) Except as provided in sections 3119.80, 3119.81, 3121.02, | 570 |
3121.03, and 3123.06 of the Revised Code, the person's rights to | 571 |
receive or interests in receiving a payment or other benefits | 572 |
under any pension, annuity, or similar plan or contract, not | 573 |
including a payment or benefit from a stock bonus or | 574 |
profit-sharing plan or a payment included in division (A)(6)(b) or | 575 |
(10)(a) of this section, on account of illness, disability, death, | 576 |
age, or length of service, to the extent reasonably necessary for | 577 |
the support of the person and any of the person's dependents, | 578 |
except if all the following apply: | 579 |
(i) The plan or contract was established by or under the | 580 |
auspices of an insider that employed the person at the time the | 581 |
person's rights or interests under the plan or contract arose. | 582 |
(ii) The payment is on account of age or length of service. | 583 |
(iii) The plan or contract is not qualified under the | 584 |
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as | 585 |
amended. | 586 |
(c) Except for any portion of the assets that were deposited | 587 |
for the purpose of evading the payment of any debt and except as | 588 |
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and | 589 |
3123.06 of the Revised Code, the person's rights or interests in | 590 |
the assets held in, or to directly or indirectly receive any | 591 |
payment or benefit under, any individual retirement account, | 592 |
individual retirement annuity, "Roth IRA," "529 plan," or | 593 |
education individual retirement account that provides payments or | 594 |
benefits by reason of illness, disability, death, retirement, or | 595 |
age or provides payments or benefits for purposes of education, to | 596 |
the extent that the assets, payments, or benefits described in | 597 |
division (A)(10)(c) of this section are attributable to or derived | 598 |
from any of the following or from any earnings, dividends, | 599 |
interest, appreciation, or gains on any of the following: | 600 |
(i) Contributions of the person that were less than or equal | 601 |
to the applicable limits on deductible contributions to an | 602 |
individual retirement account or individual retirement annuity in | 603 |
the year that the contributions were made, whether or not the | 604 |
person was eligible to deduct the contributions on the person's | 605 |
federal tax return for the year in which the contributions were | 606 |
made; | 607 |
(ii) Contributions of the person that were less than or equal | 608 |
to the applicable limits on contributions to a Roth IRA or | 609 |
education individual retirement account in the year that the | 610 |
contributions were made; | 611 |
(iii) Contributions of the person that are within the | 612 |
applicable limits on rollover contributions under subsections 219, | 613 |
402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B), | 614 |
408A(d)(3), and 530(d)(5) of the "Internal Revenue Code of 1986," | 615 |
100 Stat. 2085, 26 U.S.C.A. 1, as amended; | 616 |
(iv) Contributions by any person into any plan, fund, or | 617 |
account that is formed, created, or administered pursuant to, or | 618 |
is otherwise subject to, section 529 of the "Internal Revenue Code | 619 |
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended. | 620 |
(d) Except for any portion of the assets that were deposited | 621 |
for the purpose of evading the payment of any debt and except as | 622 |
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and | 623 |
3123.06 of the Revised Code, the person's rights or interests in | 624 |
the assets held in, or to receive any payment under, any Keogh or | 625 |
"H.R. 10" plan that provides benefits by reason of illness, | 626 |
disability, death, retirement, or age, to the extent reasonably | 627 |
necessary for the support of the person and any of the person's | 628 |
dependents. | 629 |
(e) The person's rights to or interests in any assets held | 630 |
in, or to directly or indirectly receive any payment or benefit | 631 |
under, any individual retirement account, individual retirement | 632 |
annuity, "Roth IRA," "529 plan," or education individual | 633 |
retirement account that a decedent, upon or by reason of the | 634 |
decedent's death, directly or indirectly left to or for the | 635 |
benefit of the person, either outright or in trust or otherwise, | 636 |
including, but not limited to, any of those rights or interests in | 637 |
assets or to receive payments or benefits that were transferred, | 638 |
conveyed, or otherwise transmitted by the decedent by means of a | 639 |
will, trust, exercise of a power of appointment, beneficiary | 640 |
designation, transfer or payment on death designation, or any | 641 |
other method or procedure. | 642 |
(f) The exemptions under divisions (A)(10)(a) to (e) of this | 643 |
section also shall apply or otherwise be available to an alternate | 644 |
payee under a qualified domestic relations order (QDRO) or other | 645 |
similar court order. | 646 |
(g) A person's interest in any plan, program, instrument, or | 647 |
device described in divisions (A)(10)(a) to (e) of this section | 648 |
shall be considered an exempt interest even if the plan, program, | 649 |
instrument, or device in question, due to an error made in good | 650 |
faith, failed to satisfy any criteria applicable to that plan, | 651 |
program, instrument, or device under the "Internal Revenue Code of | 652 |
1986," 100 Stat. 2085, 26 U.S.C. 1, as amended. | 653 |
(11) The person's right to receive spousal support, child | 654 |
support, an allowance, or other maintenance to the extent | 655 |
reasonably necessary for the support of the person and any of the | 656 |
person's dependents; | 657 |
(12) The person's right to receive, or moneys received during | 658 |
the preceding twelve calendar months from, any of the following: | 659 |
(a) An award of reparations under sections 2743.51 to 2743.72 | 660 |
of the Revised Code, to the extent exempted by division (D) of | 661 |
section 2743.66 of the Revised Code; | 662 |
(b) A payment on account of the wrongful death of an | 663 |
individual of whom the person was a dependent on the date of the | 664 |
individual's death, to the extent reasonably necessary for the | 665 |
support of the person and any of the person's dependents; | 666 |
(c) Except in cases in which the person who receives the | 667 |
payment is an inmate, as defined in section 2969.21 of the Revised | 668 |
Code, and in which the payment resulted from a civil action or | 669 |
appeal against a government entity or employee, as defined in | 670 |
section 2969.21 of the Revised Code, a payment, not to exceed | 671 |
twenty thousand two hundred dollars, on account of personal bodily | 672 |
injury, not including pain and suffering or compensation for | 673 |
actual pecuniary loss, of the person or an individual for whom the | 674 |
person is a dependent; | 675 |
(d) A payment in compensation for loss of future earnings of | 676 |
the person or an individual of whom the person is or was a | 677 |
dependent, to the extent reasonably necessary for the support of | 678 |
the debtor and any of the debtor's dependents. | 679 |
(13) Except as provided in sections 3119.80, 3119.81, | 680 |
3121.02, 3121.03, and 3123.06 of the Revised Code, personal | 681 |
earnings of the person owed to the person for services in an | 682 |
amount equal to the greater of the following amounts: | 683 |
(a) If paid weekly, thirty times the current federal minimum | 684 |
hourly wage; if paid biweekly, sixty times the current federal | 685 |
minimum hourly wage; if paid semimonthly, sixty-five times the | 686 |
current federal minimum hourly wage; or if paid monthly, one | 687 |
hundred thirty times the current federal minimum hourly wage that | 688 |
is in effect at the time the earnings are payable, as prescribed | 689 |
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 | 690 |
U.S.C. 206(a)(1), as amended; | 691 |
(b) Seventy-five per cent of the disposable earnings owed to | 692 |
the person. | 693 |
(14) The person's right in specific partnership property, as | 694 |
exempted by the person's rights in a partnership pursuant to | 695 |
section 1776.50 of the Revised Code, except as otherwise set forth | 696 |
in section 1776.50 of the Revised Code; | 697 |
(15) A seal and official register of a notary public, as | 698 |
exempted by section 147.04 of the Revised Code; | 699 |
(16) The person's interest in a tuition unit or a payment | 700 |
under section 3334.09 of the Revised Code pursuant to a tuition | 701 |
payment contract, as exempted by section 3334.15 of the Revised | 702 |
Code; | 703 |
(17) Any other property that is specifically exempted from | 704 |
execution, attachment, garnishment, or sale by federal statutes | 705 |
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11 | 706 |
U.S.C.A. 101, as amended; | 707 |
(18) The person's aggregate interest in any property, not to | 708 |
exceed one thousand seventy-five dollars, except that division | 709 |
(A)(18) of this section applies only in bankruptcy proceedings. | 710 |
(B) On April 1, 2010, and on the first day of April in each | 711 |
third calendar year after 2010, the Ohio judicial conference shall | 712 |
adjust each dollar amount set forth in this section to reflect any | 713 |
increase in the consumer price index for all urban consumers, as | 714 |
published by the United States department of labor, or, if that | 715 |
index is no longer published, a generally available comparable | 716 |
index, for the three-year period ending on the thirty-first day of | 717 |
December of the preceding year. Any adjustments required by this | 718 |
division shall be rounded to the nearest twenty-five dollars. | 719 |
The Ohio judicial conference shall prepare a memorandum | 720 |
specifying the adjusted dollar amounts. The judicial conference | 721 |
shall transmit the memorandum to the director of the legislative | 722 |
service commission, and the director shall publish the memorandum | 723 |
in the register of Ohio. (Publication of the memorandum in the | 724 |
register of Ohio shall continue until the next memorandum | 725 |
specifying an adjustment is so published.) The judicial conference | 726 |
also may publish the memorandum in any other manner it concludes | 727 |
will be reasonably likely to inform persons who are affected by | 728 |
its adjustment of the dollar amounts. | 729 |
(C) As used in this section: | 730 |
(1) "Disposable earnings" means net earnings after the | 731 |
garnishee has made deductions required by law, excluding the | 732 |
deductions ordered pursuant to section 3119.80, 3119.81, 3121.02, | 733 |
3121.03, or 3123.06 of the Revised Code. | 734 |
(2) "Insider" means: | 735 |
(a) If the person who claims an exemption is an individual, a | 736 |
relative of the individual, a relative of a general partner of the | 737 |
individual, a partnership in which the individual is a general | 738 |
partner, a general partner of the individual, or a corporation of | 739 |
which the individual is a director, officer, or in control; | 740 |
(b) If the person who claims an exemption is a corporation, a | 741 |
director or officer of the corporation; a person in control of the | 742 |
corporation; a partnership in which the corporation is a general | 743 |
partner; a general partner of the corporation; or a relative of a | 744 |
general partner, director, officer, or person in control of the | 745 |
corporation; | 746 |
(c) If the person who claims an exemption is a partnership, a | 747 |
general partner in the partnership; a general partner of the | 748 |
partnership; a person in control of the partnership; a partnership | 749 |
in which the partnership is a general partner; or a relative in, a | 750 |
general partner of, or a person in control of the partnership; | 751 |
(d) An entity or person to which or whom any of the following | 752 |
applies: | 753 |
(i) The entity directly or indirectly owns, controls, or | 754 |
holds with power to vote, twenty per cent or more of the | 755 |
outstanding voting securities of the person who claims an | 756 |
exemption, unless the entity holds the securities in a fiduciary | 757 |
or agency capacity without sole discretionary power to vote the | 758 |
securities or holds the securities solely to secure to debt and | 759 |
the entity has not in fact exercised the power to vote. | 760 |
(ii) The entity is a corporation, twenty per cent or more of | 761 |
whose outstanding voting securities are directly or indirectly | 762 |
owned, controlled, or held with power to vote, by the person who | 763 |
claims an exemption or by an entity to which division (C)(2)(d)(i) | 764 |
of this section applies. | 765 |
(iii) A person whose business is operated under a lease or | 766 |
operating agreement by the person who claims an exemption, or a | 767 |
person substantially all of whose business is operated under an | 768 |
operating agreement with the person who claims an exemption. | 769 |
(iv) The entity operates the business or all or substantially | 770 |
all of the property of the person who claims an exemption under a | 771 |
lease or operating agreement. | 772 |
(e) An insider, as otherwise defined in this section, of a | 773 |
person or entity to which division (C)(2)(d)(i), (ii), (iii), or | 774 |
(iv) of this section applies, as if the person or entity were a | 775 |
person who claims an exemption; | 776 |
(f) A managing agent of the person who claims an exemption. | 777 |
(3) "Participant account" has the same meaning as in section | 778 |
148.01 of the Revised Code. | 779 |
(4) "Government unit" has the same meaning as in section | 780 |
148.06 of the Revised Code. | 781 |
(D) For purposes of this section, "interest" shall be | 782 |
determined as follows: | 783 |
(1) In bankruptcy proceedings, as of the date a petition is | 784 |
filed with the bankruptcy court commencing a case under Title 11 | 785 |
of the United States Code; | 786 |
(2) In all cases other than bankruptcy proceedings, as of the | 787 |
date of an appraisal, if necessary under section 2329.68 of the | 788 |
Revised Code, or the issuance of a writ of execution. | 789 |
An interest, as determined under division (D)(1) or (2) of | 790 |
this section, shall not include the amount of any lien otherwise | 791 |
valid pursuant to section 2329.661 of the Revised Code. | 792 |
Sec. 2901.43. (A)(1) As used in this section: | 793 |
(a) "Public retirement system," "alternative retirement | 794 |
plan," and "prosecutor" have the same meanings as in section | 795 |
2907.15 of the Revised Code. | 796 |
(b) "Position of honor, trust, or profit" has the same | 797 |
meaning as in section 2929.192 of the Revised Code. | 798 |
(2) For purposes of | 799 |
both of the following apply: | 800 |
(a) A violation of section 2923.32 of the Revised Code or any | 801 |
other violation or offense that includes as an element a course of | 802 |
conduct or the occurrence of multiple acts is "committed on or | 803 |
after | 804 |
course of conduct continues, one or more of the multiple acts | 805 |
occurs, or the subject person's accountability for the course of | 806 |
conduct or for one or more of the multiple acts continues, on or | 807 |
after | 808 |
(b) A violation of section 2923.32 of the Revised Code or any | 809 |
other violation or offense that includes as an element a course of | 810 |
conduct or the occurrence of multiple acts is "committed on or | 811 |
after the effective date of this amendment" if the course of | 812 |
conduct continues, one or more of the multiple acts occurs, or the | 813 |
offender's accountability for the course of conduct or for one or | 814 |
more of the multiple acts continues on or after the effective date | 815 |
of this amendment. | 816 |
(B) This section applies to a person to whom all of the | 817 |
following apply: | 818 |
(1) The person is charged with an offense described in | 819 |
division (D) of section 2929.192 of the Revised Code that was | 820 |
allegedly committed on or after the appropriate date specified in | 821 |
that division. | 822 |
(2) The offense was allegedly committed within the context of | 823 |
the person's public employment in a position of honor, trust, or | 824 |
profit. | 825 |
(3) At the time of the alleged offense, the person was one of | 826 |
the following: | 827 |
(a) A member of a public retirement system; | 828 |
(b) A contributor to a public retirement system receiving or | 829 |
eligible to receive a benefit under section 145.384, 742.26, | 830 |
3307.352, or 3309.344 of the Revised Code; | 831 |
(c) A participant in an alternative retirement plan. | 832 |
(C) Upon the filing of charges against a person | 833 |
834 | |
835 | |
836 | |
837 | |
838 | |
839 | |
840 | |
the case shall send written notice that those charges have been | 841 |
filed against that person to the alternative retirement plan in | 842 |
which the person is a participant or the public retirement system | 843 |
in which the person is a member or contributor, whichever is | 844 |
applicable. The written notice shall specifically identify the | 845 |
person charged. | 846 |
| 847 |
848 | |
849 | |
850 | |
851 |
Sec. 2901.432. (A) As used in this section: | 852 |
(1) "Public retirement system" and "alternative retirement | 853 |
plan" have the same meanings as in section 2907.15 of the Revised | 854 |
Code. | 855 |
(2) "Position of honor, trust, or profit" has the same | 856 |
meaning as in section 2929.192 of the Revised Code. | 857 |
(B) This section applies to a person to whom all of the | 858 |
following apply: | 859 |
(1) The person is charged with any of the following offenses | 860 |
that were allegedly committed on or after the effective date of | 861 |
this section: | 862 |
(a) Section 901(a) of the "Organized Crime Control Act of | 863 |
1970," 84 Stat. 941, 18 U.S.C. 1961 et seq., as amended; | 864 |
(b) Section 1104 of the "Comprehensive Crime Control Act of | 865 |
1984," 98 Stat. 2143, 18 U.S.C. 666, as amended; | 866 |
(c) Section 1951 of the "Hobbs Act," 62 Stat. 793, 18 U.S.C. | 867 |
1951, as amended; | 868 |
(d) Section 7603 of the "Anti-Drug Abuse Act of 1988," 102 | 869 |
Stat. 4508, 18 U.S.C. 1341, 1343, and 1346; | 870 |
(e) A conspiracy to commit any violation described in | 871 |
divisions (B)(1)(a),(b),(c), and (d) of this section, in violation | 872 |
of 62 Stat. 701, 18 U.S.C. 371. | 873 |
(2) The offense was allegedly committed within the context of | 874 |
the person's public employment in a position of honor, trust, or | 875 |
profit. | 876 |
(3) At the time of the alleged offense, the person was one of | 877 |
the following: | 878 |
(a) A member of a public retirement system; | 879 |
(b) A contributor to a public retirement system receiving or | 880 |
eligible to receive a benefit under section 145.384, 742.26, | 881 |
3307.352, or 3309.344 of the Revised Code; | 882 |
(c) A participant in an alternative retirement plan. | 883 |
(C) On the filing of charges against a person subject to this | 884 |
section, the person shall send written notice to the public | 885 |
retirement system or alternative retirement plan in which the | 886 |
person is a member, contributor, or participant and to the | 887 |
attorney general that charges have been filed against the person. | 888 |
The notice shall specifically identify the person. | 889 |
(D) On the conviction or guilty plea of a person subject to | 890 |
this section, the person shall send written notice to the public | 891 |
retirement system or alternative retirement plan in which the | 892 |
person is a member, contributor, or participant and to the | 893 |
attorney general of the person's conviction or guilty plea. The | 894 |
notice shall specifically identify the person. | 895 |
Sec. 2901.433. (A) As used in this section: | 896 |
(1) "Public retirement system" and "alternative retirement | 897 |
plan" have the same meanings as in section 2907.15 of the Revised | 898 |
Code. | 899 |
(2) "Position of honor, trust, or profit" has the same | 900 |
meaning as in division (F)(1)(b) of section 2929.192 of the | 901 |
Revised Code. | 902 |
(3) "Accumulated contributions" has the same meaning as in | 903 |
section 2929.192 of the Revised Code. | 904 |
(B)(1) On receipt of the notice under division (D) of section | 905 |
2901.432 of the Revised Code, the attorney general shall determine | 906 |
whether the federal court that is charged with sentencing the | 907 |
offender who is subject to that section has issued an order of | 908 |
forfeiture of or writ of garnishment on the retirement allowance, | 909 |
pension, disability benefit, or other right or benefit of the | 910 |
offender who is a member, contributor, or participant in a public | 911 |
retirement system or alternative retirement plan. If the federal | 912 |
court has not issued that order or writ, the attorney general | 913 |
shall bring an action in the court of common pleas of Franklin | 914 |
county requesting the court to order a forfeiture to the public | 915 |
retirement system or alternative retirement plan in which the | 916 |
offender was a member, contributor, or participant of the | 917 |
offender's right to a retirement allowance, pension, disability | 918 |
benefit, or other right or benefit, other than payment of the | 919 |
offender's accumulated contributions. The court shall notify the | 920 |
offender of the action and shall order the forfeiture if all of | 921 |
the following apply: | 922 |
(a) The offender has been convicted of or pleaded guilty to | 923 |
an offense described in division (B)(1) of section 2901.432 of the | 924 |
Revised Code that was committed on or after the effective date of | 925 |
this section. | 926 |
(b) The offense was committed within the context of the | 927 |
offender's public employment in a position of honor, trust, or | 928 |
profit. | 929 |
(c) At the time of the offense, the offender was one of the | 930 |
following: | 931 |
(i) A member of a public retirement system; | 932 |
(ii) A contributor to a public retirement system eligible to | 933 |
receive a benefit under section 145.384, 742.26, 3307.352, or | 934 |
3309.344 of the Revised Code; | 935 |
(iii) A participant in an alternative retirement plan. | 936 |
(2) The court of common pleas shall send a copy of the | 937 |
journal entry imposing the forfeiture order under division (B)(1) | 938 |
of this section to the appropriate public retirement system or | 939 |
alternative retirement plan in which the offender was a member, | 940 |
contributor, or participant. | 941 |
(C) In any case in which the court of common pleas is | 942 |
required to order forfeiture under division (B) of this section, | 943 |
the offender may request a hearing regarding the forfeiture by | 944 |
delivering a written request for a hearing to the court not later | 945 |
than thirty days after receipt of the notice described in that | 946 |
division. If a request for a hearing is made by the offender, the | 947 |
court shall conduct the hearing. The court shall notify the | 948 |
offender, the United States attorney who handled the case in which | 949 |
the offender was convicted of or pleaded guilty to the offense for | 950 |
which the forfeiture order will be imposed, the attorney general | 951 |
who commenced the action under this section, and the appropriate | 952 |
public retirement system or alternative retirement plan provider, | 953 |
whichever is applicable, or, if more than one is specified in the | 954 |
action, the applicable combination of these, of the hearing. A | 955 |
hearing scheduled under this division shall be limited to a | 956 |
consideration of whether there is good cause based on evidence | 957 |
presented by the offender for the forfeiture order not to be | 958 |
issued. If the court determines that there is good cause for the | 959 |
forfeiture order not to be issued, the court shall not issue the | 960 |
forfeiture order. If the offender does not request a hearing or if | 961 |
the court conducts a hearing but does not determine that there is | 962 |
good cause for the forfeiture order not to be issued, the court | 963 |
shall order the forfeiture described in division (B) of this | 964 |
section in accordance with that division and shall send a copy of | 965 |
the journal entry imposing the forfeiture order to the appropriate | 966 |
public retirement system or alternative retirement plan in which | 967 |
the offender was a member, contributor, or participant. | 968 |
(D) Upon receipt of a copy of a journal entry under division | 969 |
(B) or (C) of this section that contains an order of forfeiture, | 970 |
the public retirement system or alternative retirement plan in | 971 |
which the offender was a member, contributor, or participant shall | 972 |
comply with the forfeiture order on application for a refund of | 973 |
the accumulated contributions of the member, contributor, or | 974 |
participant. | 975 |
(E) For purposes of division (B) of this section, a violation | 976 |
or offense that includes as an element a course of conduct or the | 977 |
occurrence of multiple acts is "committed on or after the | 978 |
effective date of this section" if the course of conduct | 979 |
continues, one or more of the multiple acts occurs, or the subject | 980 |
person's accountability for the course of conduct or for one or | 981 |
more of the multiple acts continues on or after the effective date | 982 |
of this section. | 983 |
Sec. 2901.434. (A) As used in this section: | 984 |
(1) "Public retirement system" and "alternative retirement | 985 |
plan" have the same meanings as in section 2907.15 of the Revised | 986 |
Code. | 987 |
(2) "Position of honor, trust, or profit" has the same | 988 |
meaning as in division (F)(1)(b) of section 2929.192 of the | 989 |
Revised Code. | 990 |
(B) This section applies to an offender to whom all of the | 991 |
following apply: | 992 |
(1) The offender has been convicted of or pleaded guilty to | 993 |
an offense listed in division (B)(1) of section 2901.432 of the | 994 |
Revised Code that was committed on or after the effective date of | 995 |
this section. | 996 |
(2) The offense was committed within the context of the | 997 |
offender's public employment in a position of honor, trust, or | 998 |
profit. | 999 |
(3) At the time of the offense, the offender was one of the | 1000 |
following: | 1001 |
(a) A member of a public retirement system; | 1002 |
(b) A contributor to a public retirement system receiving or | 1003 |
eligible to receive a benefit under section 145.384, 742.26, | 1004 |
3307.352, or 3309.344 of the Revised Code; | 1005 |
(c) A participant in an alternative retirement plan. | 1006 |
(4) Prior to the final disposition of the case, the offender | 1007 |
was granted a disability benefit by a public retirement system or | 1008 |
an alternative retirement plan provider. | 1009 |
(C)(1) On receipt of the notice under division (D) of section | 1010 |
2901.432 of the Revised Code, the attorney general shall determine | 1011 |
whether the federal court that is charged with sentencing the | 1012 |
offender who is subject to that section has issued an order of | 1013 |
forfeiture of or writ of garnishment on the disability benefit of | 1014 |
the offender who is a member, contributor, or participant in a | 1015 |
public retirement system or an alternative retirement plan. If the | 1016 |
federal court has not issued that order or writ, the attorney | 1017 |
general shall bring an action in the court of common pleas of | 1018 |
Franklin county requesting the court to order a termination of the | 1019 |
offender's disability benefit. The court shall notify the offender | 1020 |
of the action and shall order the termination of the offender's | 1021 |
disability benefit if all of the conditions listed in division (B) | 1022 |
of this section are met. Prior to issuing the order, the court | 1023 |
shall hold a hearing regarding the condition for which the | 1024 |
offender was granted a disability benefit. Not later than ten days | 1025 |
prior to the scheduled date of the hearing, the court shall give | 1026 |
written notice of the hearing to the offender, the United States | 1027 |
attorney who handled the case in which the offender was convicted | 1028 |
of or pleaded guilty to the offense for which the order to | 1029 |
terminate the disability benefit will be imposed, the attorney | 1030 |
general, and the appropriate public retirement system, alternative | 1031 |
retirement plan provider, or, if more than one is providing a | 1032 |
disability benefit, the applicable combination of these. The | 1033 |
hearing shall be limited to a consideration of whether the | 1034 |
offender's disabling condition arose out of the commission of the | 1035 |
offense the offender was convicted of or pleaded guilty to. | 1036 |
The system or provider shall submit to the court the | 1037 |
offender's medical reports and recommendations, and the offender's | 1038 |
disability application. If the court determines based on those | 1039 |
documents that the disabling condition arose out of the commission | 1040 |
of the offense the offender was convicted of or pleaded guilty to, | 1041 |
the court shall order the system or provider to terminate the | 1042 |
disability benefit. | 1043 |
(2) Any disability benefit paid the offender prior to its | 1044 |
termination may be recovered in accordance with section 145.563, | 1045 |
742.64, 3305.22, 3307.47, 3309.70, or 5505.34 of the Revised Code. | 1046 |
(D) For purposes of division (B) of this section, a violation | 1047 |
or offense that includes as an element a course of conduct or the | 1048 |
occurrence of multiple acts is "committed on or after the | 1049 |
effective date of this section" if the course of conduct | 1050 |
continues, one or more of the multiple acts occurs, or the | 1051 |
offender's accountability for the course of conduct or for one or | 1052 |
more of the multiple acts continues on or after the effective date | 1053 |
of this section. | 1054 |
Sec. 2927.28. (A) No person shall knowingly fail to send the | 1055 |
written notice required by division (C) or (D) of section 2901.432 | 1056 |
of the Revised Code. | 1057 |
(B) Whoever violates this section is guilty of failure to | 1058 |
report a charge or conviction to a public retirement system or an | 1059 |
alternative retirement plan, a misdemeanor of the fourth degree. | 1060 |
Sec. 2929.192. (A) | 1061 |
1062 | |
1063 | |
1064 | |
1065 | |
1066 | |
1067 | |
sanction
| 1068 |
2929.16, 2929.17, or 2929.18 of the Revised Code but subject to | 1069 |
division (B) of this section, the court shall order the forfeiture | 1070 |
to the public retirement system or alternative retirement plan in | 1071 |
which the offender was a member, contributor, or participant of | 1072 |
the offender's right to a retirement allowance, pension, | 1073 |
disability benefit, or other right or benefit, other than payment | 1074 |
of the offender's accumulated contributions, | 1075 |
1076 | |
1077 |
(1) The offender is being sentenced for an offense described | 1078 |
in division (D) of this section that was committed on or after the | 1079 |
appropriate date specified in that division. | 1080 |
(2) The offense was committed within the context of the | 1081 |
offender's public employment in a position of honor, trust, or | 1082 |
profit. | 1083 |
(3) At the time of the offense, the offender was one of the | 1084 |
following: | 1085 |
(a) A member of a public retirement system; | 1086 |
(b) A contributor to a public retirement system receiving or | 1087 |
eligible to receive a benefit under section 145.384, 742.26, | 1088 |
3307.352, or 3309.344 of the Revised Code; | 1089 |
(c) A participant in an alternative retirement plan. | 1090 |
A forfeiture ordered under this division is part of, and | 1091 |
shall be included in, the sentence of the offender. The court | 1092 |
shall send a copy of the journal entry imposing sentence on the | 1093 |
offender to the appropriate public retirement system or | 1094 |
alternative retirement plan in which the offender was a member, | 1095 |
contributor, or participant. | 1096 |
(B) In any case in which a sentencing court is required to | 1097 |
order forfeiture of an offender's right to a retirement allowance, | 1098 |
pension, disability benefit, or other right or benefit under | 1099 |
division (A) of this section, the offender may request a hearing | 1100 |
regarding the forfeiture by delivering to the court prior to | 1101 |
sentencing a written request for a hearing. If a request for a | 1102 |
hearing is made by the offender prior to sentencing, the court | 1103 |
shall conduct the hearing before sentencing. The court shall | 1104 |
notify the offender, the prosecutor who handled the case in which | 1105 |
the offender was convicted of or pleaded guilty to the offense for | 1106 |
which the forfeiture order was imposed, and the appropriate public | 1107 |
retirement system, or alternative retirement plan provider, | 1108 |
whichever is applicable, or, if more than one is specified in the | 1109 |
motion, the applicable combination of these, of the hearing. A | 1110 |
hearing scheduled under this division shall be limited to a | 1111 |
consideration of whether there is good cause based on evidence | 1112 |
presented by the offender for the forfeiture order not to be | 1113 |
issued. If the court determines based on evidence presented by the | 1114 |
offender that there is good cause for the forfeiture order not to | 1115 |
be issued, the court shall not issue the forfeiture order. If the | 1116 |
offender does not request a hearing prior to sentencing or if the | 1117 |
court conducts a hearing but does not determine based on evidence | 1118 |
presented by the offender that there is good cause for the | 1119 |
forfeiture order not to be issued, the court shall order the | 1120 |
forfeiture described in division (A) of this section in accordance | 1121 |
with that division and shall send a copy of the journal entry | 1122 |
imposing sentence on the offender to the appropriate public | 1123 |
retirement system or alternative retirement plan in which the | 1124 |
offender was a member, contributor, or participant. | 1125 |
(C) Upon receipt of a copy of the journal entry imposing | 1126 |
sentence on an offender under division (A) or (B) of this section | 1127 |
that contains an order of forfeiture of a type described in that | 1128 |
division, the public retirement system or alternative retirement | 1129 |
plan in which the offender was a member, contributor, or | 1130 |
participant shall comply with the forfeiture order on application | 1131 |
for a refund of the accumulated contributions of the member, | 1132 |
contributor, or participant. | 1133 |
(D)(1) Division (A) of this section applies | 1134 |
offender who is convicted of or pleads guilty to any of the | 1135 |
following offenses committed on or after May 13, 2008 | 1136 |
1137 | |
1138 |
| 1139 |
Revised Code that is a felony or a violation of section 2921.41 of | 1140 |
the Revised Code that is a felony of the third degree; | 1141 |
| 1142 |
ordinance or law of this or any other state or the United States | 1143 |
that is substantially equivalent to any violation | 1144 |
in division (D)(1)(a) of this section; | 1145 |
| 1146 |
complicity in committing any violation | 1147 |
division (D)(1)(a) or | 1148 |
section. | 1149 |
(2) Division (A) of this section applies to an offender who | 1150 |
is convicted of or pleads guilty to any of the following offenses | 1151 |
committed on or after the effective date of this amendment: | 1152 |
(a) A violation of section 2905.11 or 2921.11 of the Revised | 1153 |
Code that is a felony; | 1154 |
(b) A violation of an existing or former municipal ordinance | 1155 |
or law of this or any other state or the United States that is | 1156 |
substantially equivalent to any violation described in division | 1157 |
(D)(2)(a) of this section; | 1158 |
(c) A conspiracy to commit, attempt to commit, or complicity | 1159 |
in committing any violation described in division (D)(2)(a) or (b) | 1160 |
of this section. | 1161 |
(E) For purposes of | 1162 |
section, | 1163 |
(1) A violation of section 2923.32 of the Revised Code or any | 1164 |
other violation or offense that includes as an element a course of | 1165 |
conduct or the occurrence of multiple acts is "committed on or | 1166 |
after May 13, 2008," if the course of conduct continues, one or | 1167 |
more of the multiple acts occurs, or the | 1168 |
offender's accountability for the course of conduct or for one or | 1169 |
more of the multiple acts continues, on or after May 13, 2008; | 1170 |
(2) A violation of section 2923.32 of the Revised Code or any | 1171 |
other violation or offense that includes as an element a course of | 1172 |
conduct or the occurrence of multiple acts is "committed on or | 1173 |
after the effective date of this amendment" if the course of | 1174 |
conduct continues, one or more of the multiple acts occurs, or the | 1175 |
offender's accountability for the course of conduct or for one or | 1176 |
more of the multiple acts continues on or after the effective date | 1177 |
of this amendment. | 1178 |
(F) As used in this section: | 1179 |
(1)(a) For the period beginning May 13, 2008, and ending the | 1180 |
day before | 1181 |
"position of honor, trust, or profit" means any of the following: | 1182 |
(i) An elective office of the state or any political | 1183 |
subdivision of the state; | 1184 |
(ii) A position on any board or commission of the state that | 1185 |
is appointed by the governor or the attorney general; | 1186 |
(iii) A position as a public official or employee, as defined | 1187 |
in section 102.01 of the Revised Code, who is required to file a | 1188 |
disclosure statement under section 102.02 of the Revised Code; | 1189 |
(iv) A position as a prosecutor, as defined in section | 1190 |
2935.01 of the Revised Code; | 1191 |
(v) A position as a peace officer, as defined in section | 1192 |
2935.01 of the Revised Code, or as the superintendent or a trooper | 1193 |
of the state highway patrol. | 1194 |
(b) On and after | 1195 |
29, 2011, "position of honor, trust, or profit" has the same | 1196 |
meaning as in division (F)(1)(a) of this section, except that it | 1197 |
also includes a position in which, in the course of public | 1198 |
employment, an employee has control over the expenditure of public | 1199 |
funds of one hundred thousand dollars or more annually. | 1200 |
(2) "Public retirement system" and "alternative retirement | 1201 |
plan" have the same meanings as in section 2907.15 of the Revised | 1202 |
Code. | 1203 |
(3) "Accumulated contributions" means whichever of the | 1204 |
following is applicable: | 1205 |
(a) Regarding an offender who is a member of, or contributor | 1206 |
to, the public employees retirement system, except as otherwise | 1207 |
provided in division (F)(3)(a) of this section, "accumulated | 1208 |
contributions" has the same meaning as in section 145.01 of the | 1209 |
Revised Code. For a member participating in a PERS defined | 1210 |
contribution plan, "accumulated contributions" means the | 1211 |
contributions made under section 145.85 of the Revised Code and | 1212 |
any earnings on those contributions. For a member participating in | 1213 |
a PERS defined contribution plan that includes definitely | 1214 |
determinable benefits, "accumulated contributions" means the | 1215 |
contributions made under section 145.85 of the Revised Code, any | 1216 |
earnings on those contributions, and additionally any amounts paid | 1217 |
by the member to purchase service | 1218 |
(b) Regarding an offender who is or was a member of, or | 1219 |
contributor to, the Ohio police and fire pension fund, | 1220 |
"accumulated contributions" means the amount payable to a member | 1221 |
under division (G) of section 742.37 of the Revised Code. | 1222 |
(c) Regarding an offender who is a member of, or contributor | 1223 |
to, the state teachers retirement system, except as otherwise | 1224 |
provided in division (F)(3)(c) of this section, "accumulated | 1225 |
contributions" has the same meaning as in section 3307.50 of the | 1226 |
Revised Code. For a member participating in an STRS defined | 1227 |
contribution plan, "accumulated contributions" means the | 1228 |
contributions made under section 3307.26 of the Revised Code to | 1229 |
participate in a plan established under section 3307.81 of the | 1230 |
Revised Code and any earnings on those contributions. For a member | 1231 |
participating in a STRS defined contribution plan that includes | 1232 |
definitely determinable benefits, "accumulated contributions" | 1233 |
means the contributions made under section 3307.26 of the Revised | 1234 |
Code to participate in a plan established under section 3307.81 of | 1235 |
the Revised Code, any earnings on those contributions, and | 1236 |
additionally any amounts paid by the member to purchase service | 1237 |
1238 |
(d) Regarding an offender who is or was a member of, or | 1239 |
contributor to, the school employees retirement system, | 1240 |
"accumulated contributions" has the same meaning as in section | 1241 |
3309.01 of the Revised Code and also includes employee | 1242 |
contributions made under section 3309.85 of the Revised Code and | 1243 |
any earnings on those contributions. | 1244 |
(e) Regarding an offender who is or was a member of the state | 1245 |
highway patrol retirement system, "accumulated contributions" has | 1246 |
the same meaning as in section 5505.01 of the Revised Code. | 1247 |
(f) Regarding an offender who is or was participating in an | 1248 |
alternative retirement plan, "accumulated contributions" means the | 1249 |
amounts contributed to an alternative retirement plan | 1250 |
participant's account by the plan participant pursuant to section | 1251 |
3305.06 of the Revised Code and any earnings on those | 1252 |
contributions. | 1253 |
Sec. 2929.193. (A) As used in this section: | 1254 |
(1) "Position of honor, trust, or profit" has the same | 1255 |
meaning as in division (F)(1)(b) of section 2929.192 of the | 1256 |
Revised Code. | 1257 |
(2) "Public retirement system," "alternative retirement | 1258 |
plan," and "prosecutor" have the same meanings as in section | 1259 |
2907.15 of the Revised Code. | 1260 |
(B) This section applies to an offender to whom all of the | 1261 |
following apply: | 1262 |
(1) The offender is being sentenced for | 1263 |
following: | 1264 |
(a) An offense | 1265 |
2929.192 of the Revised Code that | 1266 |
or after | 1267 |
(b) An offense described in division (D)(2) of section | 1268 |
2929.192 of the Revised Code that was committed on or after the | 1269 |
effective date of this amendment. | 1270 |
(2) The offense was committed | 1271 |
within the context of the offender's public employment in a | 1272 |
position of honor, trust, or profit. | 1273 |
(3) At the time of the offense, the offender was one of the | 1274 |
following: | 1275 |
(a) A member of a public retirement system; | 1276 |
(b) A contributor to a public retirement system receiving or | 1277 |
eligible to receive a benefit under section 145.384, 742.26, | 1278 |
3307.352, or 3309.344 of the Revised Code; | 1279 |
(c) A participant in an alternative retirement plan. | 1280 |
(4) Prior to the final disposition of the case, the offender | 1281 |
was granted a disability benefit by a public retirement system or | 1282 |
an alternative retirement plan provider. | 1283 |
(C)(1) Prior to sentencing an offender subject to this | 1284 |
section, the court shall hold a hearing regarding the condition | 1285 |
for which the offender was granted a disability benefit. Not later | 1286 |
than ten days prior to the scheduled date of the hearing, the | 1287 |
court shall give written notice of the hearing to the offender, | 1288 |
the prosecutor who handled the case, and the appropriate public | 1289 |
retirement system, alternative retirement plan provider, or, if | 1290 |
more than one is providing a disability benefit, the applicable | 1291 |
combination of these. The hearing shall be limited to a | 1292 |
consideration of whether the offender's disabling condition arose | 1293 |
out of the commission of the offense the offender was convicted of | 1294 |
or pleaded guilty to. | 1295 |
The system or provider shall submit to the court the | 1296 |
offender's medical reports and recommendations, and the offender's | 1297 |
disability application. If the court determines based on those | 1298 |
documents that the disabling condition arose out of the commission | 1299 |
of the offense the offender was convicted of or pleaded guilty to, | 1300 |
the court shall order the system or provider to terminate the | 1301 |
disability benefit. | 1302 |
(2) Any disability benefit paid the offender prior to its | 1303 |
termination may be recovered in accordance with section 145.563, | 1304 |
742.64, 3305.22, 3307.47, 3309.70, or 5505.34 of the Revised Code. | 1305 |
(D) For purposes of this section, | 1306 |
apply: | 1307 |
(1) A violation of section 2923.32 of the Revised Code or any | 1308 |
other violation or offense that includes as an element a course of | 1309 |
conduct or the occurrence of multiple acts is "committed on or | 1310 |
after | 1311 |
course of conduct continues, one or more of the multiple acts | 1312 |
occurs, or the offender's accountability for the course of conduct | 1313 |
or for one or more of the multiple acts continues on or after | 1314 |
1315 |
(2) A violation of section 2923.32 of the Revised Code or any | 1316 |
other violation or offense that includes as an element a course of | 1317 |
conduct or the occurrence of multiple acts is "committed on or | 1318 |
after the effective date of this amendment" if the course of | 1319 |
conduct continues, one or more of the multiple acts occurs, or the | 1320 |
offender's accountability for the course of conduct or for one or | 1321 |
more of the multiple acts continues on or after the effective date | 1322 |
of this amendment. | 1323 |
Sec. 3305.08. Any payment, benefit, or other right accruing | 1324 |
to any electing employee under a contract entered into for | 1325 |
purposes of an alternative retirement plan and all moneys, | 1326 |
investments, and income of those contracts are exempt from any | 1327 |
state tax, except the tax imposed by section 5747.02 of the | 1328 |
Revised Code, are exempt from any county, municipal, or other | 1329 |
local tax, except income taxes imposed pursuant to section | 1330 |
5748.02, 5748.08, or 5748.09 of the Revised Code, and, except as | 1331 |
provided in sections 3105.171, 3105.65, 3115.32, 3119.80, 3119.81, | 1332 |
3121.02, 3121.03, 3123.06, 3305.09, | 1333 |
Revised Code, shall not be subject to execution, garnishment, | 1334 |
attachment, the operation of bankruptcy or the insolvency law, or | 1335 |
other process of law, and shall be unassignable except as | 1336 |
specifically provided in this section and sections 3105.171, | 1337 |
3105.65, 3119.80, 3119.81, 3121.02, 3121.03, 3115.32, and 3123.06 | 1338 |
of the Revised Code or in any contract the electing employee has | 1339 |
entered into for purposes of an alternative retirement plan. | 1340 |
Sec. 3305.11. (A) Notwithstanding any other provision of | 1341 |
this chapter, any payment of accumulated contributions standing to | 1342 |
a person's credit under this chapter and any other amount or | 1343 |
amounts to be paid to a person who is a | 1344 |
an alternative retirement plan under this chapter upon the | 1345 |
person's withdrawal of contributions pursuant to this chapter | 1346 |
shall be subject to any forfeiture ordered under
| 1347 |
1348 | |
provider of an alternative retirement plan shall comply with that | 1349 |
order in making the payment. Upon payment of the person's | 1350 |
accumulated contributions and cancellation of the corresponding | 1351 |
service credit, a person who is subject to the forfeiture | 1352 |
described in this division may not restore the canceled service | 1353 |
credit under this chapter or under Chapter 145., 742., 3307., | 1354 |
3309., or 5505. of the Revised Code. | 1355 |
(B) Notwithstanding any other provision of this chapter, if | 1356 |
the provider of an alternative retirement plan receives notice | 1357 |
pursuant to section 2901.43 or division (C) of section 2901.432 of | 1358 |
the Revised Code that a person who has accumulated contributions | 1359 |
standing to the person's credit pursuant to this chapter is | 1360 |
charged with any offense or violation | 1361 |
1362 | |
1363 | |
under the circumstances specified in | 1364 |
sections, all of the following apply: | 1365 |
(1) No payment of those accumulated contributions or of any | 1366 |
other amount or amounts to be paid to a person who is a | 1367 |
1368 | |
withdrawal of contributions pursuant to this chapter shall be made | 1369 |
prior to whichever of the following is applicable: | 1370 |
(a) If the person is convicted of or pleads guilty to the | 1371 |
charge and forfeiture is ordered under | 1372 |
1373 |
(i) Section 2929.192 of the Revised Code, the day on which | 1374 |
the provider receives from the court a copy of the journal entry | 1375 |
of the offender's sentence under that section; | 1376 |
(ii) Section 2901.433 of the Revised Code, the day on which | 1377 |
the provider receives from the court a copy of the journal entry | 1378 |
imposing the forfeiture order under that section. | 1379 |
(b) If the charge against the person is dismissed, the person | 1380 |
is found not guilty of the charge, or the person is found not | 1381 |
guilty by reason of insanity of the charge, the day on which the | 1382 |
provider receives notice of the final disposition of the charge. | 1383 |
(2) The provider of an alternative retirement plan shall not | 1384 |
process any application for payment under this chapter from the | 1385 |
person prior to the final disposition of the charge. | 1386 |
Sec. 3305.12. Notwithstanding any other provision of an | 1387 |
alternative retirement plan provided under this chapter, a | 1388 |
disability benefit granted under the alternative retirement plan | 1389 |
is subject to an order issued under section 2901.434 or 2929.193 | 1390 |
of the Revised Code. The entity providing the alternative | 1391 |
retirement plan shall comply with the order. | 1392 |
On receipt of notice under section 2901.43 of the Revised | 1393 |
Code that an alternative retirement plan participant is charged | 1394 |
with an offense listed in division (D) of section 2929.192 of the | 1395 |
Revised Code under the circumstances specified in that | 1396 |
section, the entity shall determine whether the participant has | 1397 |
been granted a disability benefit. If so, the entity shall send | 1398 |
written notice to the prosecutor assigned to the case that the | 1399 |
participant has been granted a disability benefit under an | 1400 |
alternative retirement plan and may be subject to section 2929.193 | 1401 |
of the Revised Code. | 1402 |
On receipt of notice under division (D) of section 2901.432 | 1403 |
of the Revised Code that an alternative retirement plan | 1404 |
participant has been convicted of or pleaded guilty to an offense | 1405 |
listed in division (B)(1) of that section under the circumstances | 1406 |
specified in that section, the entity shall determine whether the | 1407 |
participant has been granted a disability benefit. If so, the | 1408 |
entity shall send written notice to the attorney general that the | 1409 |
participant has been granted a disability benefit under this | 1410 |
chapter and may be subject to section 2901.434 of the Revised | 1411 |
Code. | 1412 |
Sec. 3305.20. As used in this section, "personal history | 1413 |
record" means information maintained by the entity providing an | 1414 |
alternative retirement plan on an individual who participates in | 1415 |
the plan that includes the address, telephone number, social | 1416 |
security number, record of contributions, correspondence with the | 1417 |
plan, or other information the entity providing the plan | 1418 |
determines to be confidential. | 1419 |
The entity shall comply with orders issued under section | 1420 |
3105.87 of the Revised Code requiring it to provide information | 1421 |
from a participant's personal history record. | 1422 |
The entity shall furnish information as follows: | 1423 |
(A) On the written request of an alternate payee, as defined | 1424 |
in section 3105.80 of the Revised Code, the entity providing the | 1425 |
alternative retirement plan shall furnish to the alternate payee | 1426 |
information on the amount and status of any amounts payable to the | 1427 |
alternate payee under an order issued under section 3105.171 or | 1428 |
3105.65 of the Revised Code. | 1429 |
(B) Documentation required by section 2901.434 or 2929.193 of | 1430 |
the Revised Code shall be provided to a court holding a hearing | 1431 |
under that section. | 1432 |
(C) The notice required by section 3305.12 of the Revised | 1433 |
Code shall be provided to the prosecutor assigned to the case. | 1434 |
Sec. 3307.20. (A) As used in this section: | 1435 |
(1) "Personal history record" means information maintained by | 1436 |
the state teachers retirement board on an individual who is a | 1437 |
member, former member, contributor, former contributor, retirant, | 1438 |
or beneficiary that includes the address, electronic mail address, | 1439 |
telephone number, social security number, record of contributions, | 1440 |
correspondence with the state teachers retirement system, or other | 1441 |
information the board determines to be confidential. | 1442 |
(2) "Retirant" has the same meaning as in section 3307.50 of | 1443 |
the Revised Code and includes any former member receiving a | 1444 |
benefit under an STRS defined contribution plan. | 1445 |
(B) The records of the board shall be open to public | 1446 |
inspection, except for the following, which shall be excluded, | 1447 |
except with the written authorization of the individual concerned: | 1448 |
(1) The individual's personal records provided for in section | 1449 |
3307.23 of the Revised Code; | 1450 |
(2) The individual's personal history record; | 1451 |
(3) Any information identifying, by name and address, the | 1452 |
amount of a monthly allowance or benefit paid to the individual. | 1453 |
(C)(1) All medical reports and recommendations received by | 1454 |
the board from a member, member's physician, board-assigned | 1455 |
physician, or other entity providing medical reports and | 1456 |
recommendations to the board under sections 3307.48, 3307.62, and | 1457 |
3307.66 of the Revised Code are privileged, except as follows: | 1458 |
(a) Copies of medical reports or recommendations shall be | 1459 |
made available by the board to the personal physician, attorney, | 1460 |
or authorized agent of the individual concerned upon written | 1461 |
release received from the individual or the individual's agent, | 1462 |
or, when necessary for the proper administration of the fund, to | 1463 |
the board assigned physician. | 1464 |
(b) Documentation required by section 2901.434 or 2929.193 of | 1465 |
the Revised Code shall be provided to a court holding a hearing | 1466 |
under that section. | 1467 |
(2) No medical report or recommendation received by the board | 1468 |
under section 3307.48, 3307.62, or 3307.66 of the Revised Code | 1469 |
shall be released to the individual concerned or considered a | 1470 |
medical record generated and maintained by a health care provider | 1471 |
in the process of establishing a therapeutic relationship. | 1472 |
(D) Any person who is a member or contributor of the system | 1473 |
shall be furnished, on written request, with a statement of the | 1474 |
amount to the credit of the person's account. The board need not | 1475 |
answer more than one request of a person in any one year. | 1476 |
(E) Notwithstanding the exceptions to public inspection in | 1477 |
division (B) of this section, the board may furnish the following | 1478 |
information: | 1479 |
(1) If a member, former member, retirant, contributor, or | 1480 |
former contributor is subject to an order issued under section | 1481 |
2907.15 of the Revised Code or an order issued under division (A) | 1482 |
or (B) of section 2929.192 of the Revised Code or is convicted of | 1483 |
or pleads guilty to a violation of section 2921.41 of the Revised | 1484 |
Code, on written request of a prosecutor as defined in section | 1485 |
2935.01 of the Revised Code, the board shall furnish to the | 1486 |
prosecutor the information requested from the individual's | 1487 |
personal history record. | 1488 |
(2) Pursuant to a court or administrative order issued under | 1489 |
section 3119.80, 3119.81, 3121.02, 3121.03, or 3123.06 of the | 1490 |
Revised Code, the board shall furnish to a court or child support | 1491 |
enforcement agency the information required under that section. | 1492 |
(3) At the written request of any person, the board shall | 1493 |
provide to the person a complete list of the names and addresses | 1494 |
of members, retirants, contributors, or beneficiaries. The costs | 1495 |
of compiling, copying, and mailing the list shall be paid by such | 1496 |
person. | 1497 |
(4) Within fourteen days after receiving from the director of | 1498 |
job and family services a list of the names and social security | 1499 |
numbers of recipients of public assistance pursuant to section | 1500 |
5101.181 of the Revised Code, the board shall inform the auditor | 1501 |
of state of the name, current or most recent employer address, and | 1502 |
social security number of each member whose name and social | 1503 |
security number are the same as that of a person whose name or | 1504 |
social security number was submitted by the director. The board | 1505 |
and its employees shall, except for purposes of furnishing the | 1506 |
auditor of state with information required by this section, | 1507 |
preserve the confidentiality of recipients of public assistance in | 1508 |
compliance with section 5101.181 of the Revised Code. | 1509 |
(5) The system shall comply with orders issued under section | 1510 |
3105.87 of the Revised Code. | 1511 |
On the written request of an alternate payee, as defined in | 1512 |
section 3105.80 of the Revised Code, the system shall furnish to | 1513 |
the alternate payee information on the amount and status of any | 1514 |
amounts payable to the alternate payee under an order issued under | 1515 |
section 3105.171 or 3105.65 of the Revised Code. | 1516 |
(6) At the request of any person, the board shall make | 1517 |
available to the person copies of all documents, including | 1518 |
resumes, in the board's possession regarding filling a vacancy of | 1519 |
a contributing member or retired teacher member of the board. The | 1520 |
person who made the request shall pay the cost of compiling, | 1521 |
copying, and mailing the documents. The information described in | 1522 |
this division is a public record. | 1523 |
(7) The system shall provide the notice required by section | 1524 |
3307.373 of the Revised Code to the prosecutor assigned to the | 1525 |
case. | 1526 |
(F) A statement that contains information obtained from the | 1527 |
system's records that is signed by an officer of the retirement | 1528 |
system and to which the system's official seal is affixed, or | 1529 |
copies of the system's records to which the signature and seal are | 1530 |
attached, shall be received as true copies of the system's records | 1531 |
in any court or before any officer of this state. | 1532 |
Sec. 3307.372. (A) Notwithstanding any other provision of | 1533 |
this chapter, any payment of accumulated contributions standing to | 1534 |
a person's credit under this chapter and any other amount or | 1535 |
amounts to be paid to a person who is a member or contributor | 1536 |
under this chapter upon the person's withdrawal of contributions | 1537 |
pursuant to this chapter shall be subject to any forfeiture | 1538 |
ordered under
| 1539 |
of the Revised Code, and the state teachers retirement system | 1540 |
shall comply with that order in making the payment. Upon payment | 1541 |
of the person's accumulated contributions and cancellation of the | 1542 |
corresponding service credit, a person who is subject to the | 1543 |
forfeiture described in this division may not restore the canceled | 1544 |
service credit under this chapter or under Chapter 145., 742., | 1545 |
3305., 3309., or 5505. of the Revised Code. | 1546 |
(B) Notwithstanding any other provision of this chapter, if | 1547 |
the system receives notice pursuant to section 2901.43 or division | 1548 |
(C) of section 2901.432 of the Revised Code that a person who has | 1549 |
accumulated contributions standing to the person's credit pursuant | 1550 |
to this chapter is charged with any offense or violation | 1551 |
described in
| 1552 |
division (D) | 1553 |
1554 | |
1555 |
(1) No payment of those accumulated contributions or of any | 1556 |
other amount or amounts to be paid to a person who is a member or | 1557 |
contributor under this chapter upon the person's withdrawal of | 1558 |
contributions pursuant to this chapter shall be made prior to | 1559 |
whichever of the following is applicable: | 1560 |
(a) If the person is convicted of or pleads guilty to the | 1561 |
charge and forfeiture is ordered under | 1562 |
1563 |
(i) Section 2929.192 of the Revised Code, the day on which | 1564 |
the system receives from the court a copy of the journal entry of | 1565 |
the offender's sentence under that section; | 1566 |
(ii) Section 2901.433 of the Revised Code, the day on which | 1567 |
the system receives from the court a copy of the journal entry | 1568 |
imposing the forfeiture order under that section. | 1569 |
(b) If the charge against the person is dismissed, the person | 1570 |
is found not guilty of the charge, or the person is found not | 1571 |
guilty by reason of insanity of the charge, the day on which the | 1572 |
system receives notice of the final disposition of the charge. | 1573 |
(2) The system shall not process any application for payment | 1574 |
under this chapter from the person prior to the final disposition | 1575 |
of the charge. | 1576 |
Sec. 3307.373. Notwithstanding any other provision of this | 1577 |
chapter, a disability benefit granted under this chapter is | 1578 |
subject to an order issued under section 2901.434 or 2929.193 of | 1579 |
the Revised Code. The state teachers retirement board shall comply | 1580 |
with the order. | 1581 |
On receipt of notice under section 2901.43 of the Revised | 1582 |
Code that a state teachers retirement system member is charged | 1583 |
with an offense listed in division (D) of section 2929.192 of the | 1584 |
Revised Code under the circumstances specified in that | 1585 |
section, the system shall determine whether the member has been | 1586 |
granted a disability benefit. If so, the system shall send written | 1587 |
notice to the prosecutor assigned to the case that the member has | 1588 |
been granted a disability benefit under this chapter and may be | 1589 |
subject to section 2929.193 of the Revised Code. | 1590 |
On receipt of notice under division (D) of section 2901.432 | 1591 |
of the Revised Code that a state teachers retirement system member | 1592 |
has been convicted of or pleaded guilty to an offense listed in | 1593 |
division (B)(1) of that section under the circumstances specified | 1594 |
in that section, the system shall determine whether the member has | 1595 |
been granted a disability benefit. If so, the system shall send | 1596 |
written notice to the attorney general that the member has been | 1597 |
granted a disability benefit under this chapter and may be subject | 1598 |
to section 2901.434 of the Revised Code. | 1599 |
Sec. 3309.22. (A)(1) As used in this division, "personal | 1600 |
history record" means information maintained in any format by the | 1601 |
board on an individual who is a member, former member, | 1602 |
contributor, former contributor, retirant, or beneficiary that | 1603 |
includes the address, electronic mail address, telephone number, | 1604 |
social security number, record of contributions, correspondence | 1605 |
with the system, and other information the board determines to be | 1606 |
confidential. | 1607 |
(2) The records of the board shall be open to public | 1608 |
inspection and may be made available in printed or electronic | 1609 |
format, except for the following, which shall be excluded, except | 1610 |
with the written authorization of the individual concerned: | 1611 |
(a) The individual's statement of previous service and other | 1612 |
information as provided for in section 3309.28 of the Revised | 1613 |
Code; | 1614 |
(b) Any information identifying by name and address the | 1615 |
amount of a monthly allowance or benefit paid to the individual; | 1616 |
(c) The individual's personal history record. | 1617 |
(B) All medical reports and recommendations required by the | 1618 |
system are privileged except as follows: | 1619 |
(1) Copies of medical reports or recommendations shall be | 1620 |
made available to the following: | 1621 |
(a) The individual concerned, on written request; | 1622 |
(b) The personal physician, attorney, or authorized agent of | 1623 |
the individual concerned on written release received from the | 1624 |
individual or the individual's agent; | 1625 |
(c) The board assigned physician. | 1626 |
(2) Documentation required by section 2901.434 or 2929.193 of | 1627 |
the Revised Code shall be provided to a court holding a hearing | 1628 |
under that section. | 1629 |
(C) Any person who is a contributor of the system shall be | 1630 |
furnished, on written request, with a statement of the amount to | 1631 |
the credit of the person's account. The board need not answer more | 1632 |
than one such request of a person in any one year. | 1633 |
(D) Notwithstanding the exceptions to public inspection in | 1634 |
division (A)(2) of this section, the board may furnish the | 1635 |
following information: | 1636 |
(1) If a member, former member, contributor, former | 1637 |
contributor, or retirant is subject to an order issued under | 1638 |
section 2907.15 of the Revised Code or an order issued under | 1639 |
division (A) or (B) of section 2929.192 of the Revised Code or is | 1640 |
convicted of or pleads guilty to a violation of section 2921.41 of | 1641 |
the Revised Code, on written request of a prosecutor as defined in | 1642 |
section 2935.01 of the Revised Code, the board shall furnish to | 1643 |
the prosecutor the information requested from the individual's | 1644 |
personal history record. | 1645 |
(2) Pursuant to a court or administrative order issued under | 1646 |
section 3119.80, 3119.81, 3121.02, 3121.03, or 3123.06 of the | 1647 |
Revised Code, the board shall furnish to a court or child support | 1648 |
enforcement agency the information required under that section. | 1649 |
(3) At the written request of any person, the board shall | 1650 |
provide to the person a list of the names and addresses of | 1651 |
members, former members, retirants, contributors, former | 1652 |
contributors, or beneficiaries. The costs of compiling, copying, | 1653 |
and mailing the list shall be paid by such person. | 1654 |
(4) Within fourteen days after receiving from the director of | 1655 |
job and family services a list of the names and social security | 1656 |
numbers of recipients of public assistance pursuant to section | 1657 |
5101.181 of the Revised Code, the board shall inform the auditor | 1658 |
of state of the name, current or most recent employer address, and | 1659 |
social security number of each contributor whose name and social | 1660 |
security number are the same as that of a person whose name or | 1661 |
social security number was submitted by the director. The board | 1662 |
and its employees shall, except for purposes of furnishing the | 1663 |
auditor of state with information required by this section, | 1664 |
preserve the confidentiality of recipients of public assistance in | 1665 |
compliance with section 5101.181 of the Revised Code. | 1666 |
(5) The system shall comply with orders issued under section | 1667 |
3105.87 of the Revised Code. | 1668 |
On the written request of an alternate payee, as defined in | 1669 |
section 3105.80 of the Revised Code, the system shall furnish to | 1670 |
the alternate payee information on the amount and status of any | 1671 |
amounts payable to the alternate payee under an order issued under | 1672 |
section 3105.171 or 3105.65 of the Revised Code. | 1673 |
(6) At the request of any person, the board shall make | 1674 |
available to the person copies of all documents, including | 1675 |
resumes, in the board's possession regarding filling a vacancy of | 1676 |
an employee member or retirant member of the board. The person who | 1677 |
made the request shall pay the cost of compiling, copying, and | 1678 |
mailing the documents. The information described in this division | 1679 |
is a public record. | 1680 |
(7) The system shall provide the notice required by section | 1681 |
3309.673 of the Revised Code to the prosecutor assigned to the | 1682 |
case. | 1683 |
(E) A statement that contains information obtained from the | 1684 |
system's records that is signed by an officer of the retirement | 1685 |
system and to which the system's official seal is affixed, or | 1686 |
copies of the system's records to which the signature and seal are | 1687 |
attached, shall be received as true copies of the system's records | 1688 |
in any court or before any officer of this state. | 1689 |
Sec. 3309.672. (A) Notwithstanding any other provision of | 1690 |
this chapter, any payment of accumulated contributions standing to | 1691 |
a person's credit under this chapter and any other amount or | 1692 |
amounts to be paid to a person who is a member or contributor | 1693 |
under this chapter upon the person's withdrawal of contributions | 1694 |
pursuant to this chapter shall be subject to any forfeiture | 1695 |
ordered under
| 1696 |
of the Revised Code, and the school employees retirement system | 1697 |
shall comply with that order in making the payment. Upon payment | 1698 |
of the person's accumulated contributions and cancellation of the | 1699 |
corresponding service credit, a person who is subject to the | 1700 |
forfeiture described in this division may not restore the canceled | 1701 |
service credit under this chapter or under Chapter 145., 742., | 1702 |
3305., 3307., or 5505. of the Revised Code. | 1703 |
(B) Notwithstanding any other provision of this chapter, if | 1704 |
the system receives notice pursuant to section 2901.43 or division | 1705 |
(C) of section 2901.432 of the Revised Code that a person who has | 1706 |
accumulated contributions standing to the person's credit pursuant | 1707 |
to this chapter is charged with any offense or violation | 1708 |
described in
| 1709 |
division (D) | 1710 |
1711 | |
1712 |
(1) No payment of those accumulated contributions or of any | 1713 |
other amount or amounts to be paid to a person who is a member or | 1714 |
contributor under this chapter upon the person's withdrawal of | 1715 |
contributions pursuant to this chapter shall be made prior to | 1716 |
whichever of the following is applicable: | 1717 |
(a) If the person is convicted of or pleads guilty to the | 1718 |
charge and forfeiture is ordered under | 1719 |
1720 |
(i) Section 2929.192 of the Revised Code, the day on which | 1721 |
the system receives from the court a copy of the journal entry of | 1722 |
the offender's sentence under that section; | 1723 |
(ii) Section 2901.433 of the Revised Code, the day on which | 1724 |
the system receives from the court a copy of the journal entry | 1725 |
imposing the forfeiture order under that section. | 1726 |
(b) If the charge against the person is dismissed, the person | 1727 |
is found not guilty of the charge, or the person is found not | 1728 |
guilty by reason of insanity of the charge, the day on which the | 1729 |
system receives notice of the final disposition of the charge. | 1730 |
(2) The system shall not process any application for payment | 1731 |
under this chapter from the person prior to the final disposition | 1732 |
of the charge. | 1733 |
Sec. 3309.673. Notwithstanding any other provision of this | 1734 |
chapter, a disability benefit granted under this chapter is | 1735 |
subject to an order issued under section 2901.434 or 2929.193 of | 1736 |
the Revised Code. The school employees retirement board shall | 1737 |
comply with the order. | 1738 |
On receipt of notice under section 2901.43 of the Revised | 1739 |
Code that a school employees retirement system member is charged | 1740 |
with an offense listed in division (D) of section 2929.192 of the | 1741 |
Revised Code under the circumstances specified in that | 1742 |
section, the system shall determine whether the member has been | 1743 |
granted a disability benefit. If so, the system shall send written | 1744 |
notice to the prosecutor assigned to the case that the member has | 1745 |
been granted a disability benefit under this chapter and may be | 1746 |
subject to section 2929.193 of the Revised Code. | 1747 |
On receipt of notice under division (D) of section 2901.432 | 1748 |
of the Revised Code that a school employees retirement system | 1749 |
member has been convicted of or pleaded guilty to an offense | 1750 |
listed in division (B)(1) of that section under the circumstances | 1751 |
specified in that section, the system shall determine whether the | 1752 |
member has been granted a disability benefit. If so, the system | 1753 |
shall send written notice to the attorney general that the member | 1754 |
has been granted a disability benefit under this chapter and may | 1755 |
be subject to section 2901.434 of the Revised Code. | 1756 |
Sec. 3309.691. The school employees retirement board | 1757 |
may establish a program under which members of the retirement | 1758 |
system, employers on behalf of members, and persons receiving | 1759 |
service, disability, or survivor benefits are permitted to | 1760 |
participate in contracts for long-term health care insurance. | 1761 |
Participation may include dependents and family members. If a | 1762 |
participant in a contract for long-term care insurance leaves | 1763 |
employment, the participant and the participant's dependents and | 1764 |
family members may, at their election, continue to participate in | 1765 |
a program established under this section in the same manner as if | 1766 |
the participant had not left employment, except that no part of | 1767 |
the cost of the insurance shall be paid by the participant's | 1768 |
former employer. | 1769 |
Such program may be established independently or jointly with | 1770 |
one or more of the other retirement systems. For purposes of this | 1771 |
section, "retirement systems" has the same meaning as in division | 1772 |
(A) of section 145.581 of the Revised Code. | 1773 |
The board may enter into an agreement with insurance | 1774 |
companies, health insuring corporations, or government agencies | 1775 |
authorized to do business in the state for issuance of a long-term | 1776 |
care insurance policy or contract. However, prior to entering into | 1777 |
such an agreement with an insurance company or health insuring | 1778 |
corporation, the board shall request the superintendent of | 1779 |
insurance to certify the financial condition of the company or | 1780 |
corporation. The board shall not enter into the agreement if, | 1781 |
according to that certification, the company or corporation is | 1782 |
insolvent, is determined by the superintendent to be potentially | 1783 |
unable to fulfill its contractual obligations, or is placed under | 1784 |
an order of rehabilitation or conservation by a court of competent | 1785 |
jurisdiction or under an order of supervision by the | 1786 |
superintendent. | 1787 |
The board | 1788 |
111.15 of the Revised Code governing the program. | 1789 |
adopted by the board shall establish methods of payment for | 1790 |
participation under this section, which may include establishment | 1791 |
of a payroll deduction plan under section 3309.27 of the Revised | 1792 |
Code, deduction of the full premium charged from a person's | 1793 |
service, disability, or survivor benefit, or any other method of | 1794 |
payment considered appropriate by the board. If the program is | 1795 |
established jointly with one or more of the other retirement | 1796 |
systems, the rules also shall establish the terms and conditions | 1797 |
of such joint participation. | 1798 |
Sec. 5505.04. (A)(1) The general administration and | 1799 |
management of the state highway patrol retirement system and the | 1800 |
making effective of this chapter are hereby vested in the state | 1801 |
highway patrol retirement board. The board may sue and be sued, | 1802 |
plead and be impleaded, contract and be contracted with, and do | 1803 |
all things necessary to carry out this chapter. | 1804 |
The board shall consist of the following members: | 1805 |
(a) The superintendent of the state highway patrol; | 1806 |
(b) Two retirant members who reside in this state; | 1807 |
(c) Five employee-members; | 1808 |
(d) One member, known as the treasurer of state's investment | 1809 |
designee, who shall be appointed by the treasurer of state for a | 1810 |
term of four years and who shall have the following | 1811 |
qualifications: | 1812 |
(i) The member is a resident of this state. | 1813 |
(ii) Within the three years immediately preceding the | 1814 |
appointment, the member has not been employed by the public | 1815 |
employees retirement system, police and fire pension fund, state | 1816 |
teachers retirement system, school employees retirement system, or | 1817 |
state highway patrol retirement system or by any person, | 1818 |
partnership, or corporation that has provided to one of those | 1819 |
retirement systems services of a financial or investment nature, | 1820 |
including the management, analysis, supervision, or investment of | 1821 |
assets. | 1822 |
(iii) The member has direct experience in the management, | 1823 |
analysis, supervision, or investment of assets. | 1824 |
(iv) The member is not currently employed by the state or a | 1825 |
political subdivision of the state. | 1826 |
(e) Two investment expert members, who shall be appointed to | 1827 |
four-year terms. One investment expert member shall be appointed | 1828 |
by the governor, and one investment expert member shall be jointly | 1829 |
appointed by the speaker of the house of representatives and the | 1830 |
president of the senate. Each investment expert member shall have | 1831 |
the following qualifications: | 1832 |
(i) Each investment expert member shall be a resident of this | 1833 |
state. | 1834 |
(ii) Within the three years immediately preceding the | 1835 |
appointment, each investment expert member shall not have been | 1836 |
employed by the public employees retirement system, police and | 1837 |
fire pension fund, state teachers retirement system, school | 1838 |
employees retirement system, or state highway patrol retirement | 1839 |
system or by any person, partnership, or corporation that has | 1840 |
provided to one of those retirement systems services of a | 1841 |
financial or investment nature, including the management, | 1842 |
analysis, supervision, or investment of assets. | 1843 |
(iii) Each investment expert member shall have direct | 1844 |
experience in the management, analysis, supervision, or investment | 1845 |
of assets. | 1846 |
(2) The board shall annually elect a chairperson and | 1847 |
vice-chairperson from among its members. The vice-chairperson | 1848 |
shall act as chairperson in the absence of the chairperson. A | 1849 |
majority of the members of the board shall constitute a quorum and | 1850 |
any action taken shall be approved by a majority of the members of | 1851 |
the board. The board shall meet not less than once each year, upon | 1852 |
sufficient notice to the members. All meetings of the board shall | 1853 |
be open to the public except executive sessions as set forth in | 1854 |
division (G) of section 121.22 of the Revised Code, and any | 1855 |
portions of any sessions discussing medical records or the degree | 1856 |
of disability of a member excluded from public inspection by this | 1857 |
section. | 1858 |
(3) Any investment expert member appointed to fill a vacancy | 1859 |
occurring prior to the expiration of the term for which the | 1860 |
member's predecessor was appointed holds office until the end of | 1861 |
such term. The member continues in office subsequent to the | 1862 |
expiration date of the member's term until the member's successor | 1863 |
takes office, or until a period of sixty days has elapsed, | 1864 |
whichever occurs first. | 1865 |
(B) The attorney general shall prescribe procedures for the | 1866 |
adoption of rules authorized under this chapter, consistent with | 1867 |
the provision of section 111.15 of the Revised Code under which | 1868 |
all rules shall be filed in order to be effective. Such procedures | 1869 |
shall establish methods by which notice of proposed rules are | 1870 |
given to interested parties and rules adopted by the board | 1871 |
published and otherwise made available. When it files a rule with | 1872 |
the joint committee on agency rule review pursuant to section | 1873 |
111.15 of the Revised Code, the board shall submit to the Ohio | 1874 |
retirement study council a copy of the full text of the rule, and | 1875 |
if applicable, a copy of the rule summary and fiscal analysis | 1876 |
required by division (B) of section 127.18 of the Revised Code. | 1877 |
(C)(1) As used in this division, "personal history record" | 1878 |
means information maintained by the board on an individual who is | 1879 |
a member, former member, retirant, or beneficiary that includes | 1880 |
the address, telephone number, social security number, record of | 1881 |
contributions, correspondence with the system, and other | 1882 |
information the board determines to be confidential. | 1883 |
(2) The records of the board shall be open to public | 1884 |
inspection, except for the following which shall be excluded: the | 1885 |
member's, former member's, retirant's, or beneficiary's personal | 1886 |
history record and the amount of a monthly allowance or benefit | 1887 |
paid to a retirant, beneficiary, or survivor, except with the | 1888 |
written authorization of the individual concerned. | 1889 |
(D) All medical reports and recommendations are privileged | 1890 |
except as follows: | 1891 |
(1) Copies of such medical reports or recommendations shall | 1892 |
be made available to the individual's personal physician, | 1893 |
attorney, or authorized agent upon written release received from | 1894 |
such individual or such individual's agent, or when necessary for | 1895 |
the proper administration of the fund to the board-assigned | 1896 |
physician. | 1897 |
(2) Documentation required by section 2901.434 or 2929.193 of | 1898 |
the Revised Code shall be provided to a court holding a hearing | 1899 |
under that section. | 1900 |
(E) Notwithstanding the exceptions to public inspection in | 1901 |
division (C)(2) of this section, the board may furnish the | 1902 |
following information: | 1903 |
(1) If a member, former member, or retirant is subject to an | 1904 |
order issued under section 2907.15 of the Revised Code or an order | 1905 |
issued under division (A) or (B) of section 2929.192 of the | 1906 |
Revised Code or is convicted of or pleads guilty to a violation of | 1907 |
section 2921.41 of the Revised Code, on written request of a | 1908 |
prosecutor as defined in section 2935.01 of the Revised Code, the | 1909 |
board shall furnish to the prosecutor the information requested | 1910 |
from the individual's personal history record. | 1911 |
(2) Pursuant to a court order issued under Chapters 3119., | 1912 |
3121., and 3123. of the Revised Code, the board shall furnish to a | 1913 |
court or child support enforcement agency the information required | 1914 |
under those chapters. | 1915 |
(3) At the written request of any nonprofit organization or | 1916 |
association providing services to retirement system members, | 1917 |
retirants, or beneficiaries, the board shall provide to the | 1918 |
organization or association a list of the names and addresses of | 1919 |
members, former members, retirants, or beneficiaries if the | 1920 |
organization or association agrees to use such information solely | 1921 |
in accordance with its stated purpose of providing services to | 1922 |
such individuals and not for the benefit of other persons, | 1923 |
organizations, or associations. The costs of compiling, copying, | 1924 |
and mailing the list shall be paid by such entity. | 1925 |
(4) Within fourteen days after receiving from the director of | 1926 |
job and family services a list of the names and social security | 1927 |
numbers of recipients of public assistance pursuant to section | 1928 |
5101.181 of the Revised Code, the board shall inform the auditor | 1929 |
of state of the name, current or most recent employer address, and | 1930 |
social security number of each member whose name and social | 1931 |
security number are the same as those of a person whose name or | 1932 |
social security number was submitted by the director. The board | 1933 |
and its employees, except for purposes of furnishing the auditor | 1934 |
of state with information required by this section, shall preserve | 1935 |
the confidentiality of recipients of public assistance in | 1936 |
compliance with section 5101.181 of the Revised Code. | 1937 |
(5) The system shall comply with orders issued under section | 1938 |
3105.87 of the Revised Code. | 1939 |
On the written request of an alternate payee, as defined in | 1940 |
section 3105.80 of the Revised Code, the system shall furnish to | 1941 |
the alternate payee information on the amount and status of any | 1942 |
amounts payable to the alternate payee under an order issued under | 1943 |
section 3105.171 or 3105.65 of the Revised Code. | 1944 |
(6) At the request of any person, the board shall make | 1945 |
available to the person copies of all documents, including | 1946 |
resumes, in the board's possession regarding filling a vacancy of | 1947 |
an employee member or retirant member of the board. The person who | 1948 |
made the request shall pay the cost of compiling, copying, and | 1949 |
mailing the documents. The information described in this division | 1950 |
is a public record. | 1951 |
(7) The system shall provide the notice required by section | 1952 |
5505.263 of the Revised Code to the prosecutor assigned to the | 1953 |
case. | 1954 |
(F) A statement that contains information obtained from the | 1955 |
system's records that is certified and signed by an officer of the | 1956 |
retirement system and to which the system's official seal is | 1957 |
affixed, or copies of the system's records to which the signature | 1958 |
and seal are attached, shall be received as true copies of the | 1959 |
system's records in any court or before any officer of this state. | 1960 |
Sec. 5505.262. (A) Notwithstanding any other provision of | 1961 |
this chapter, any payment of accumulated contributions standing to | 1962 |
a person's credit under this chapter and any other amount or | 1963 |
amounts to be paid to a person who is a member or contributor | 1964 |
under this chapter upon the person's withdrawal of contributions | 1965 |
pursuant to this chapter shall be subject to any forfeiture | 1966 |
ordered under
| 1967 |
of the Revised Code, and the state highway patrol retirement | 1968 |
system shall comply with that order in making the payment. Upon | 1969 |
payment of the person's accumulated contributions and cancellation | 1970 |
of the corresponding service credit, a person who is subject to | 1971 |
the forfeiture described in this division may not restore the | 1972 |
canceled service credit under this chapter or under Chapter 145., | 1973 |
742., 3305., 3307., or 3309. of the Revised Code. | 1974 |
(B) Notwithstanding any other provision of this chapter, if | 1975 |
the system receives notice pursuant to section 2901.43 or division | 1976 |
(C) of section 2901.432 of the Revised Code that a person who has | 1977 |
accumulated contributions standing to the person's credit pursuant | 1978 |
to this chapter is charged with any offense or violation | 1979 |
described in
| 1980 |
division (D) | 1981 |
1982 | |
1983 |
(1) No payment of those accumulated contributions or of any | 1984 |
other amount or amounts to be paid to a person who is a member or | 1985 |
contributor under this chapter upon the person's withdrawal of | 1986 |
contributions pursuant to this chapter shall be made prior to | 1987 |
whichever of the following is applicable: | 1988 |
(a) If the person is convicted of or pleads guilty to the | 1989 |
charge and forfeiture is ordered under | 1990 |
1991 |
(i) Section 2929.192 of the Revised Code, the day on which | 1992 |
the system receives from the court a copy of the journal entry of | 1993 |
the offender's sentence under that section; | 1994 |
(ii) Section 2901.433 of the Revised Code, the day on which | 1995 |
the system receives from the court a copy of the journal entry | 1996 |
imposing the forfeiture order under that section. | 1997 |
(b) If the charge against the person is dismissed, the person | 1998 |
is found not guilty of the charge, or the person is found not | 1999 |
guilty by reason of insanity of the charge, the day on which the | 2000 |
system receives notice of the final disposition of the charge. | 2001 |
(2) The system shall not process any application for payment | 2002 |
under this chapter from the person prior to the final disposition | 2003 |
of the charge. | 2004 |
Sec. 5505.263. Notwithstanding any other provision of this | 2005 |
chapter, a disability benefit granted under this chapter is | 2006 |
subject to an order issued under section 2901.434 or 2929.193 of | 2007 |
the Revised Code. The state highway patrol retirement board shall | 2008 |
comply with the order. | 2009 |
On receipt of notice under section 2901.43 of the Revised | 2010 |
Code that a state highway patrol retirement system member is | 2011 |
charged with an offense listed in division (D) of section 2929.192 | 2012 |
of the Revised Code under the circumstances specified in that | 2013 |
2014 | |
has been granted a disability benefit. If so, the system shall | 2015 |
send written notice to the prosecutor assigned to the case that | 2016 |
the member has been granted a disability benefit under this | 2017 |
chapter and may be subject to section 2929.193 of the Revised | 2018 |
Code. | 2019 |
On receipt of notice under division (D) of section 2901.432 | 2020 |
of the Revised Code that a state highway patrol retirement system | 2021 |
member has been convicted of or pleaded guilty to an offense | 2022 |
listed in division (B)(1) of that section under the circumstances | 2023 |
specified in that section, the system shall determine whether the | 2024 |
member has been granted a disability benefit. If so, the system | 2025 |
shall send written notice to the attorney general that the member | 2026 |
has been granted a disability benefit under this chapter and may | 2027 |
be subject to section 2901.434 of the Revised Code. | 2028 |
Sec. 5505.33. (A) As used in this section: | 2029 |
(1) "Long-term care insurance" has the same meaning as in | 2030 |
section 3923.41 of the Revised Code. | 2031 |
(2) "Retirement systems" has the same meaning as in division | 2032 |
(A) of section 145.581 of the Revised Code. | 2033 |
(B) The state highway patrol retirement board | 2034 |
establish a program under which members of the retirement system, | 2035 |
employers on behalf of members, and persons receiving service or | 2036 |
disability pensions or survivor benefits are permitted to | 2037 |
participate in contracts for long-term care insurance. | 2038 |
Participation may include dependents and family members. If a | 2039 |
participant in a contract for long-term care insurance leaves | 2040 |
employment, the person and the person's dependents and family | 2041 |
members may, at their election, continue to participate in a | 2042 |
program established under this section in the same manner as if | 2043 |
the person had not left employment, except that no part of the | 2044 |
cost of the insurance shall be paid by the person's former | 2045 |
employer. Such program may be established independently or jointly | 2046 |
with one or more of the retirement systems. | 2047 |
(C) The board may enter into an agreement with insurance | 2048 |
companies, health insuring corporations, or government agencies | 2049 |
authorized to do business in the state for issuance of a long-term | 2050 |
care insurance policy or contract. However, prior to entering into | 2051 |
such an agreement with an insurance company or health insuring | 2052 |
corporation, the board shall request the superintendent of | 2053 |
insurance to certify the financial condition of the company or | 2054 |
corporation. The board shall not enter into the agreement if, | 2055 |
according to that certification, the company or corporation is | 2056 |
insolvent, is determined by the superintendent to be potentially | 2057 |
unable to fulfill its contractual obligations, or is placed under | 2058 |
an order of rehabilitation or conservation by a court of competent | 2059 |
jurisdiction or under an order of supervision by the | 2060 |
superintendent. | 2061 |
(D) The board | 2062 |
section 111.15 of the Revised Code governing the program. | 2063 |
rules adopted by the board shall establish methods of payment for | 2064 |
participation under this section, which may include establishment | 2065 |
of a payroll deduction plan under section 5505.203 of the Revised | 2066 |
Code, deduction of the full premium charged from a person's | 2067 |
service or disability pension or survivor benefit, or any other | 2068 |
method of payment considered appropriate by the board. If the | 2069 |
program is established jointly with one or more of the other | 2070 |
retirement systems, the rules also shall establish the terms and | 2071 |
conditions of such joint participation. | 2072 |
Section 2. That existing sections 145.27, 145.572, 145.573, | 2073 |
145.581, 742.41, 742.463, 742.464, 742.53, 2329.66, 2901.43, | 2074 |
2929.192, 2929.193, 3305.08, 3305.11, 3305.12, 3305.20, 3307.20, | 2075 |
3307.372, 3307.373, 3309.22, 3309.672, 3309.673, 3309.691, | 2076 |
5505.04, 5505.262, 5505.263, and 5505.33 of the Revised Code are | 2077 |
hereby repealed. | 2078 |
Section 3. Section 2329.66 of the Revised Code is presented | 2079 |
in this act as a composite of the section as amended by both Sub. | 2080 |
H.B. 479 and Sub. S.B. 343 of the 129th General Assembly. The | 2081 |
General Assembly, applying the principle stated in division (B) of | 2082 |
section 1.52 of the Revised Code that amendments are to be | 2083 |
harmonized if reasonably capable of simultaneous operation, finds | 2084 |
that the composite is the resulting version of the section in | 2085 |
effect prior to the effective date of the section as presented in | 2086 |
this act. | 2087 |