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OHIO PUBLIC EMPLOYEES RETIREMENT SYSTEM ... - OPERS

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Sec. 3105.86 Termination of benefit to alternate payee<br />

An alternate payee's rights under an order described in section 3105.81 of the Revised<br />

Code shall terminate on the earlier of the following:<br />

(A) The death of the participant;<br />

(B) The death of the alternate payee;<br />

(C) The termination of a benefit paid to a participant under sections 742.01 to 742.61 or<br />

Chapter 145., 3305., 3307., 3309., or 5505. of the Revised Code.<br />

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

Sec. 3105.87 Records<br />

The court may order a public retirement program or the Ohio public employees deferred<br />

compensation program to provide information from a participant's personal history record<br />

necessary to determine the amounts described in division (D) of section 3105.82 of the Revised<br />

Code.<br />

(ENACTED: HB 535, Eff. 1/1/02; HB 1 Eff. 10/16/09)<br />

Sec. 3105.88 Notice of division of property order<br />

The clerk of courts shall transmit a certified copy of an order described in section<br />

3105.81 of the Revised Code to each public retirement program named in the order. If the clerk<br />

of courts fails to transmit an order, the public retirement program named in the order is not<br />

required to administer the order.<br />

The public retirement program shall retain an order in accordance with section 145.571,<br />

742.462, 3305.21, 3307.371, 3309.671, or 5505.261 of the Revised Code.<br />

If the public retirement program returns to the clerk of courts an order in accordance with<br />

section 145.571, 742.462, 3305.21, 3307.371, 3309.671, or 5505.261 of the Revised Code, the<br />

clerk of courts shall notify the counsel of record that the order was not retained by the public<br />

retirement program.<br />

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

Sec. 3105.89 Court jurisdiction<br />

Notwithstanding division (I) of section 3105.171 of the Revised Code:<br />

(A) The court shall retain jurisdiction to modify, supervise, or enforce the implementation<br />

of an order described in section 3105.81 of the Revised Code.<br />

(B) The court may modify an order issued under section 3105.171 or 3105.65 of the<br />

Revised Code that was effective prior to the effective date of this section for the purpose of<br />

enforcing the order or carrying into effect the manifest intentions of the parties. A modified order<br />

must meet the requirements of section 3105.82 of the Revised Code.<br />

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

Sec. 3105.90 Division of property order form<br />

The state retirement systems, the Ohio state bar association, and the Ohio domestic<br />

relations judges association shall jointly create a form to be used by courts for orders described<br />

in section 3105.81 of the Revised Code. Each state retirement system shall, by rule adopted in<br />

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