Bill Text: OH HB162 | 2013-2014 | 130th General Assembly | Engrossed

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Bill Title: To add extortion and perjury and certain federal offenses to the offenses committed by a public retirement system member in the context of the member's public employment in a position of honor, trust, or profit that may result in forfeiture of retirement system benefits or the termination of retirement system disability benefits and to make the establishment of a long term care insurance program by a public retirement system discretionary.

Spectrum: Moderate Partisan Bill (Republican 29-6)

Status: (Engrossed - Dead) 2014-03-27 - To State Government Oversight & Reform [HB162 Detail]

Download: Ohio-2013-HB162-Engrossed.html

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As Passed by the House

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 162

Representatives Dovilla, Anielski 

Cosponsors: Representatives Buchy, Thompson, Hackett, Ruhl, Grossman, Becker, Patmon, Baker, Johnson, Hagan, C., Perales, Antonio, Blair, Brown, Budish, Burkley, Carney, Conditt, Derickson, DeVitis, Green, Hall, Hayes, McClain, Romanchuk, Rosenberger, Smith, Sprague, Terhar, Wachtmann, Winburn, Young Speaker Batchelder 

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A BILL

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

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 division (A) or (B) of section 2901.433 or 2929.192	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 division (A) or (B) of section	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 listed or	150
described in divisionsdivision (B)(1) of section 2901.432 or	151
division (D)(1) to (3) of section 2929.192 of the Revised Code	152
that is a felony inunder the circumstances specified in the	153
particular divisionthose sections, all of the following apply:	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 division (A) or (B) of	161
sectioneither of the following:	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 division	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 shallmay establish	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 shallmay establish a program under which it	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
shallmay establish a program under which a recipient of a	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 shallmay adopt rules in accordance with	236
section 111.15 of the Revised Code governing the program. TheAny	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 division (A) or (B) of section 2901.433 or 2929.192	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 listed or	368
described in divisionsdivision (B)(1) of section 2901.432 or	369
division (D)(1) to (3) of section 2929.192 of the Revised Code	370
that is a felony inunder the circumstances specified in the	371
particular divisionthose sections, all of the following apply:	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 division (A) or (B) of	379
sectioneither of the following:	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 division	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 shallmay establish a program under which members of the	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 shallmay adopt rules in accordance with	451
section 111.15 of the Revised Code governing the program. TheAny	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 divisions (B) and (C) of this section, a	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 the effective date of this sectionMay 13, 2008," if the	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 the effective date of this sectionMay 13, 2008;	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 alleging that	833
the person committed on or after the effective date of this	834
section any violation or offense specified in division (C) of this	835
section, if the person allegedly committed the violation or	836
offense while serving in a position of honor, trust, or profit and	837
if the person is an electing employee participating in an	838
alternative retirement plan or a member of a public retirement	839
systemsubject to this section, the prosecutor who is assigned to	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

(C) Division (B) of this section applies when a person is	847
charged with committing on or after the effective date of this	848
section any offense or violation listed or described in divisions	849
(D)(1) to (3) of section 2929.192 of the Revised Code that is a	850
felony, in the circumstances specified in the particular division.	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) If an offender is being sentenced for any	1061
felony offense listed in division (D) of this section that was	1062
committed on or after May 13, 2008, if the offender committed the	1063
offense while serving in a position of honor, trust, or profit,	1064
and if the offender, at the time of the commission of the offense,	1065
was a member of any public retirement system or a participant in	1066
an alternative retirement plan, inIn addition to any other	1067
sanction ita court imposes under section 2929.14, 2929.15,	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, earned by reason of	1075
the offender's being a member of the public retirement system or	1076
alternative retirement plan. Aif all of the following apply:	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 regardingto an	1134
offender who is convicted of or pleads guilty to any of the	1135
following offenses committed on or after May 13, 2008, that is a	1136
felony and who committed the offense while serving in a position	1137
of honor, trust, or profit:	1138

(1)(a) A violation of section 2921.02 or 2923.32 of the	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

(2)(b) A violation of an existing or former municipal	1142
ordinance or law of this or any other state or the United States	1143
that is substantially equivalent to any violation listeddescribed	1144
in division (D)(1)(a) of this section;	1145

(3)(c) A conspiracy to commit, attempt to commit, or	1146
complicity in committing any violation listeddescribed in	1147
division (D)(1)(a) or described in division (D)(2)(b) of this	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 divisions (A) anddivision (D) of this	1162
section, aboth of the following apply:	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 subject person's	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 the effective date of this amendmentJuly 29, 2011,	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 the effective date of this amendmentJuly	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 creditscredit.	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
creditscredit.	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 aneither of the	1263
following:	1264

(a) An offense listeddescribed in division (D)(1) of section	1265
2929.192 of the Revised Code that is a felony and was committed on	1266
or after the effective date of this sectionJuly 29, 2011;	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 while the offender was serving	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, aboth of the following	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 the effective date of this sectionJuly 29, 2011," if the	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 the	1314
effective date of this sectionJuly 29, 2011;	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, and3305.11 and 3305.12 of the	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 contributorparticipant in	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 division (A) or	1347
(B) of section 2901.433 or 2929.192 of the Revised Code, and the	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 listed or described in	1361
divisionsdivision (B)(1) of section 2901.432 or division (D)(1)	1362
to (3) of section 2929.192 of the Revised Code that is a felony in	1363
under the circumstances specified in the particular divisionthose	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
contributorparticipant under this chapter upon the person's	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 division (A) or (B) of	1372
sectioneither of the following:	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 division	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 division (A) or (B) of section 2901.433 or 2929.192	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 listed or	1551
described in divisionsdivision (B)(1) of section 2901.432 or	1552
division (D)(1) to (3) of section 2929.192 of the Revised Code	1553
that is a felony inunder the circumstances specified in the	1554
particular divisionthose sections, all of the following apply:	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 division (A) or (B) of	1562
sectioneither of the following:	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 division	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 division (A) or (B) of section 2901.433 or 2929.192	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 listed or	1708
described in divisionsdivision (B)(1) of section 2901.432 or	1709
division (D)(1) to (3) of section 2929.192 of the Revised Code	1710
that is a felony inunder the circumstances specified in the	1711
particular divisionthose sections, all of the following apply:	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 division (A) or (B) of	1719
sectioneither of the following:	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 division	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 shall	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 shallmay adopt rules in accordance with section	1788
111.15 of the Revised Code governing the program. TheAny rules	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 division (A) or (B) of section 2901.433 or 2929.192	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 listed or	1979
described in divisionsdivision (B)(1) of section 2901.432 or	1980
division (D)(1) to (3) of section 2929.192 of the Revised Code	1981
that is a felony inunder the circumstances specified in the	1982
particular divisionthose sections, all of the following apply:	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 division (A) or (B) of	1990
sectioneither of the following:	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
divisionsection, the system shall determine whether the member	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 shallmay	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 shallmay adopt rules in accordance with	2062
section 111.15 of the Revised Code governing the program. TheAny	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