alternative retirement plan, or public retirement system of the date, time, and place of the hearing; that, if a hearing is conducted, it will be limited to a consideration of whether the offender can show good cause why the order should not be issued; that, if a hearing is conducted, the court will not issue the order if the court determines, based on evidence presented at the hearing by the offender, that there is good cause for the order not to be issued; that the court will issue the order if a hearing is not requested or if a hearing is conducted but the court does not determine, based on evidence presented at the hearing by the offender, that there is good cause for the order not to be issued; and that, if the order is issued, the government deferred compensation program, alternative retirement plan, or public retirement system specified in the motion will be required to withhold the amount required as restitution from payments to the offender. (B) In any case in which a motion requesting the issuance of a withholding order as described in division (A) of this section is filed, the offender may receive a hearing on the motion by delivering a written request for a hearing to the court prior to the expiration of thirty days after the offender's receipt of the notice provided pursuant to division (A) of this section. If the offender requests a hearing within the prescribed time, the court shall schedule a hearing as soon as possible after the request is made and notify the offender and the government deferred compensation program, alternative retirement plan, or public retirement system of the date, time, and place of the hearing. A hearing scheduled under this division shall be limited to a consideration of whether there is good cause, based on evidence presented by the offender, for the requested order not to be issued. If the court determines, based on evidence presented by the offender, that there is good cause for the order not to be issued, the court shall deny the motion and shall not issue the order. Good cause for not issuing the order includes a determination by the court that the order would severely impact the offender's ability to support the offender's dependents. If the offender does not request a hearing within the prescribed time or the court conducts a hearing but does not determine, based on evidence presented by the offender, that there is good cause for the order not to be issued, the court shall order the government deferred compensation program, alternative retirement plan, or public retirement system, to withhold the amount required as restitution from one or more of the following: any payments to be made from a government deferred compensation program, any payment or benefit under an alternative retirement plan, or under a pension, annuity, allowance, or under any other benefit, other than a survivorship benefit, that has been or is in the future granted to the offender; from any payment of accumulated employee contributions standing to the offender's credit with the government deferred compensation program, alternative retirement plan, or public retirement system; or from any payment of any other amounts to be paid to the offender upon withdrawal of contributions pursuant to Chapter 145., 148., 742., 3307., 3309., or 5505. of the Revised Code and to continue the withholding for that purpose, in accordance with the order, out of each payment to be made on or after the date of issuance of the order, until further order of the court. On receipt of an order issued under this division, the government deferred compensation program, alternative retirement plan, or public retirement system shall withhold the amount required as restitution, in accordance with the order, from any such payments and immediately forward the amount withheld to the clerk of the court in which the order was issued for payment to the person to whom restitution is to be made. The order shall not apply to any portion of payments made from a government deferred compensation program, alternative retirement plan, or public retirement system to a person other than the offender pursuant to a previously issued domestic court order. 142
(C) Service of a notice required by division (A) or (B) of this section shall be effected in the same manner as provided in the Rules of Civil Procedure for the service of process. (D) Upon the filing of charges under section 2907.02, 2907.03, 2907.04, or 2907.05 of the Revised Code against a person who is a deferred compensation program participant, an electing employee participating in an alternative retirement plan, or a member of, or receiving a pension benefit, or allowance, other than a survivorship benefit, from a public retirement system for an offense against a child, student, patient, or other person with whom the offender had contact in the context of the offender's public employment, the prosecutor shall send written notice that charges have been filed against that person to the appropriate government deferred compensation program, alternative retirement plan, or public retirement system. The notice shall specifically identify the person charged. (ENACTED: HB 668, Eff. 12/6/96; HB 222; Eff. 11/2/99; HB 628, Eff. 9/21/00; HB 535, Eff. 4/1/01; HB 490, Eff. 1/1/04) 143
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OHIO PUBLIC EMPLOYEES RETIREMENT SY
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CHAPTER 145 OHIO REVISED CODE TABLE
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Sec. 145.327 Additional monthly pay
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Sec. 145.01 Definitions Chapter 145
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(H)(1) “Total service credit,”
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employer and employee contributions
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Revised Code, means employment cove
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house sergeant at arms, assistant h
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(7) Who is a member of the board of
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employer, the system shall not requ
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county municipal court who, upon co
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employees retirement system by sign
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Sec. 145.05 Terms of members; elect
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an election to fill a vacancy on th
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eflect independent expenditures mad
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nature is ineligible for election t
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successor retirant member who shall
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Sec. 145.091 Administration of plan
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Sec. 145.095 Internal audit committ
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Sec. 145.112 Transactions prohibite
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(3) The board shall determine wheth
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The board of county commissioners o
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(1) At the time employment begins,
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periods of service after January 1,
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The board shall submit the report t
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Sec. 145.23 Funds The funds hereby
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ond of the treasurer of state cover
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applies to purchase the credit by a
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Sec. 145.293 Purchase of credit for
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(C) A member of the public employee
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(c) With respect to other county em
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Sec. 145.298 State institutions; cl
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“military service credit” means
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(G) At the request of the public em
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742.21, 742.214, 742.375, 5505.201,
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(B) Upon reemployment in the public
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(G) A member who, on March 17, 2000
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Sec. 145.31 Restoration of membersh
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(B) The attainment of minimum age o
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1959 14.3 1960 12.5 1961 11.3 1962
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(B) The board need not make the hos
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includes any amount paid pursuant t
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1977 20.5 1978 13.5 1979 4.0 (C) An
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may apply for an age and service re
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(j) Any person who is originally em
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the amount of such commuted reserve
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(G) In the event an employer files
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ecipient's disability benefit shall
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