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OHIO PUBLIC EMPLOYEES RETIREMENT SYSTEM ... - OPERS

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division, all of the following apply:<br />

(1) No payment of those accumulated contributions or of any other amount or amounts to<br />

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

contributions pursuant to this chapter shall be made prior to whichever of the following is<br />

applicable:<br />

(a) If the person is convicted of or pleads guilty to the charge and forfeiture is ordered<br />

under division (A) or (B) of section 2929.192 of the Revised Code, the day on which the<br />

provider receives from the court a copy of the journal entry of the offender's sentence under that<br />

section;<br />

(b) If the charge against the person is dismissed, the person is found not guilty of the<br />

charge, or the person is found not guilty by reason of insanity of the charge, the day on which the<br />

provider receives notice of the final disposition of the charge.<br />

(2) The provider of an alternative retirement plan shall not process any application for<br />

payment under this chapter from the person prior to the final disposition of the charge.<br />

(ENACTED: SB 3, Eff. 5/13/08)<br />

Sec. 3305.20 Records<br />

As used in this section, “personal history record” means information maintained by the<br />

entity providing an alternative retirement plan on an individual who participates in the plan that<br />

includes the address, telephone number, social security number, record of contributions,<br />

correspondence with the plan, or other information the entity providing the plan determines to be<br />

confidential.<br />

The entity shall comply with orders issued under section 3105.87 of the Revised Code<br />

requiring it to provide information from a participant's personal history record.<br />

On the written request of an alternate payee, as defined in section 3105.80 of the Revised<br />

Code, the entity providing the alternative retirement plan shall furnish to the alternate payee<br />

information on the amount and status of any amounts payable to the alternate payee under an<br />

order issued under section 3105.171 or 3105.65 of the Revised Code.<br />

(ENACTED: HB 535, Eff. 1/1/02)<br />

Sec. 3305.21 Execution of a division of property order<br />

(A) As used in this section, “alternate payee,” “benefit,” “lump sum payment,” and<br />

“participant” have the same meanings as in section 3105.80 of the Revised Code.<br />

(B) On receipt of an order issued under section 3105.171 or 3105.65 of the Revised Code,<br />

an entity providing a participant's alternative retirement plan shall determine whether the order<br />

meets the requirements of sections 3105.80 to 3105.90 of the Revised Code. The entity shall<br />

retain in the participant's record an order the entity determines meets the requirements. Not later<br />

than ten days after receipt, the entity shall return to the court that issued the order any order the<br />

entity determines does not meet the requirements.<br />

(C) The entity shall comply with an order retained under division (B) of this section at the<br />

following times as appropriate:<br />

(1) If the participant has applied for or is receiving a benefit or has applied for but not yet<br />

received a lump sum payment, as soon as practicable;<br />

(2) If the participant has not applied for a benefit or lump sum payment, on application by<br />

the participant for a benefit or lump sum payment.<br />

(D) If an entity providing an alternative retirement plan is required to transfer a<br />

157

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