OHIO PUBLIC EMPLOYEES RETIREMENT SYSTEM ... - OPERS

payment shall be made under the contract prior to whichever of the following is applicable:
(1) If the person is convicted of or pleads guilty to the charge and no motion for a
withholding order for purposes of restitution has been filed under section 2907.15 of the Revised
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised Code, thirty days after the date
on which final disposition of the charge is made;
(2) If the person is convicted of or pleads guilty to the charge and a motion for a
withholding order for purposes of restitution has been filed under section 2907.15 of the Revised
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised Code, the date on which the court
decides the motion;
(3) If the charge is dismissed or the person is found not guilty of the charge or not guilty
of the charge by reason of insanity, the date on which final disposition of the charge is made.
(ENACTED: HB 586, Eff. 3/31/97; HB 535, Eff. 4/1/01)
Sec. 3305.10 Spousal consent
If an electing employee is married at the time one or more payments are to commence
under the retirement plan established under this chapter, the provider that will make the payment
shall obtain the consent of the employee's spouse to the form of payment selected by the
employee before making any payment.
If an electing employee is married at the time the employee dies, the provider that will
make a payment of any amounts that are payable to the employee shall obtain the consent of the
employee's spouse to the payment of the amounts before making the payment.
Each provider shall establish requirements for consent under this section that are the
same as the requirements specified in division (a)(2) of section 417 of the “Internal Revenue
Code,” 26 U.S.C.A. 417(a)(2), as amended. Consent may be waived if the spouse cannot be
located or for any other reason specified in the regulations adopted under that section.
Consent or waiver is effective only with regard to the spouse who is the subject of the
consent or waiver.
(ENACTED: HB 535, Eff. 4/1/01)
Sec. 3305.11 Forfeiture order for specified felony offenses; payment delayed while charge
pending
(A) Notwithstanding any other provision of this chapter, any payment of accumulated
contributions standing to a person's credit under this chapter and any other amount or amounts to
be paid to a person who is a contributor under this chapter upon the person's withdrawal of
contributions pursuant to this chapter shall be subject to any forfeiture ordered under division (A)
or (B) of section 2929.192 of the Revised Code, and the provider of an alternative retirement
plan shall comply with that order in making the payment. Upon payment of the person's
accumulated contributions and cancellation of the corresponding service credit, a person who is
subject to the forfeiture described in this division may not restore the canceled service credit
under this chapter or under Chapter 145., 742., 3307., 3309., or 5505. of the Revised Code.
(B) Notwithstanding any other provision of this chapter, if the provider of an alternative
retirement plan receives notice pursuant to section 2901.43 of the Revised Code that a person
who has accumulated contributions standing to the person's credit pursuant to this chapter is
charged with any offense or violation listed or described in divisions (D)(1) to (3) of section
2929.192 of the Revised Code that is a felony in the circumstances specified in the particular
156