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OHIO PUBLIC EMPLOYEES RETIREMENT SYSTEM ... - OPERS

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Sec. 145.563 Recovery of payments<br />

If the person who is a member, former member, contributor, former contributor, retirant,<br />

beneficiary, or alternate payee, as defined in section 3105.80 of the Revised Code, is paid any<br />

benefit or payment by the public employees retirement system to which the person is not entitled,<br />

the benefit shall be repaid to the retirement system by the person. If the person fails to make the<br />

repayment, the retirement system shall withhold the amount due from any benefit due the person<br />

or the person's beneficiary under this chapter, or may collect the amount in any other manner<br />

provided by law.<br />

(ENACTED: SB 346, Eff. 7/29/92; HB 628, Eff. 9/21/00; HB 535, Eff. 1/1/02)<br />

Sec. 145.564 Deductions for dues and fees<br />

Any person receiving from the public employees retirement system an allowance,<br />

annuity, pension, or benefit may authorize the system to make deductions therefrom for the<br />

payment of dues and other membership fees to any retirement association or other organization<br />

composed primarily of retired public employees or retired public employees and their spouses if<br />

the association or organization adopts a resolution approving payment by that method and not<br />

fewer than five hundred persons receiving allowances, annuities, pensions, or benefits from the<br />

system initially authorize the deduction for payment to the same association or organization. The<br />

authorization shall be in writing and signed by the person giving it. The system shall make the<br />

deductions authorized and pay to the association or organization the amounts deducted, until the<br />

authorization is revoked in writing by the person. The system may charge the association or<br />

organization an amount not exceeding the actual costs incurred by the system in making the<br />

deductions. The system shall adopt rules establishing the method of collecting the amount<br />

charged, if any.<br />

(ENACTED: HB 186, Eff. 3/17/01)<br />

Sec. 145.57 Withholding order to enforce restitution to employer for theft offense;<br />

payment delayed while charge pending<br />

(A) Notwithstanding any other provision of this chapter, any payment that is to be made<br />

under a pension, annuity, allowance, or other type of benefit, other than a survivorship benefit,<br />

that has been granted to a person under this chapter, any payment of accumulated contributions<br />

standing to a person's credit under this chapter, and any payment of any other amounts to be paid<br />

to a person under this chapter upon the person's withdrawal of contributions pursuant to this<br />

chapter shall be subject to any withholding order issued pursuant to section 2907.15 of the<br />

Revised Code or division (C)(2)(b) of section 2921.41 of the Revised Code, and the public<br />

employees retirement board shall comply with that withholding order in making the payment.<br />

(B) Notwithstanding any other provision of this chapter, if the board receives notice<br />

pursuant to section 2907.15 of the Revised Code or division (D) of section 2921.41 of the<br />

Revised Code that a person who has accumulated contributions standing to the person's credit<br />

pursuant to this chapter is charged with a violation of section 2907.02, 2907.03, 2907.04,<br />

2907.05, or 2921.41 of the Revised Code, no payment of those accumulated contributions, of any<br />

other amounts to be paid to a contributor under this chapter upon the person's withdrawal of<br />

contributions pursuant to this chapter, or of any amount to be paid to a contributor as a lump sum<br />

or single payment under section 145.38 of the Revised Code, shall be made prior to whichever of<br />

the following is applicable:<br />

(1) If the person is convicted of or pleads guilty to the charge and no motion for a<br />

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