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To amend sections 145.57, 148.10, 742.461, 2907.15, | 1 |
2921.41, 3305.09, 3307.37, 3309.67, and 5505.26 of | 2 |
the Revised Code to modify when a public | 3 |
retirement system, alternative retirement plan, or | 4 |
deferred compensation program must comply with a | 5 |
withholding order for restitution issued on | 6 |
conviction of a public employee for certain | 7 |
offenses committed in the course of public | 8 |
employment. | 9 |
Section 1. That sections 145.57, 148.10, 742.461, 2907.15, | 10 |
2921.41, 3305.09, 3307.37, 3309.67, and 5505.26 of the Revised | 11 |
Code be amended to read as follows: | 12 |
Sec. 145.57. (A) Notwithstanding any other provision of this | 13 |
chapter, any payment that is to be made under a pension, annuity, | 14 |
allowance, or other type of benefit, other than a survivorship | 15 |
benefit, that has been granted to a person under this chapter, any | 16 |
17 | |
under this chapter, and any | 18 |
paid to a person under this chapter | 19 |
20 | |
withholding order issued pursuant to section 2907.15 of the | 21 |
Revised Code or division (C)(2)(b) of section 2921.41 of the | 22 |
Revised Code | 23 |
the public employees retirement board shall comply with | 24 |
25 | |
this division cancels an equivalent amount of service credit, as | 26 |
determined by the public employees retirement system. | 27 |
(B) Notwithstanding any other provision of this chapter, if | 28 |
the board receives notice pursuant to section 2907.15 of the | 29 |
Revised Code or division (D) of section 2921.41 of the Revised | 30 |
Code that a person who has accumulated contributions standing to | 31 |
the person's credit pursuant to this chapter is charged with a | 32 |
violation of section 2907.02, 2907.03, 2907.04, 2907.05, or | 33 |
2921.41 of the Revised Code, no payment of those accumulated | 34 |
contributions, of any other amounts to be paid to a contributor | 35 |
under this chapter upon the person's withdrawal of contributions | 36 |
pursuant to this chapter, or of any amount to be paid to a | 37 |
contributor as a lump sum or single payment under section 145.38 | 38 |
of the Revised Code, shall be made prior to whichever of the | 39 |
following is applicable: | 40 |
(1) If the person is convicted of or pleads guilty to the | 41 |
charge and no motion for a withholding order for purposes of | 42 |
restitution has been filed under section 2907.15 of the Revised | 43 |
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised | 44 |
Code, thirty days after the day on which final disposition of the | 45 |
charge is made; | 46 |
(2) If the person is convicted of or pleads guilty to the | 47 |
charge and a motion for a withholding order for purposes of | 48 |
restitution has been filed under section 2907.15 of the Revised | 49 |
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised | 50 |
Code, the day on which the court decides the motion; | 51 |
(3) If the charge is dismissed or the person is found not | 52 |
guilty or not guilty by reason of insanity of the charge, the day | 53 |
on which final disposition of the charge is made. | 54 |
Sec. 148.10. (A) Notwithstanding any other provision of this | 55 |
chapter, any account or payment, other than a survivorship | 56 |
benefit, that is held for or to be made to a person by a deferred | 57 |
compensation program pursuant to those sections or a deferred | 58 |
compensation program offered by a government unit, as defined in | 59 |
section 148.06 of the Revised Code, or by a municipal corporation | 60 |
is subject to any withholding order issued pursuant to section | 61 |
2907.15 or division (C)(2)(b) of section 2921.41 of the Revised | 62 |
Code. | 63 |
public employees deferred compensation board, the governing board, | 64 |
as defined in section 148.06 of the Revised Code, that is | 65 |
associated with a government unit, and the governing board, | 66 |
administrator, depository, or trustee of a deferred compensation | 67 |
program of a municipal corporation shall comply with | 68 |
69 |
(B) Notwithstanding any other provision of this chapter, if a | 70 |
deferred compensation program receives a notice pursuant to | 71 |
section 2907.15 or division (D) of section 2921.41 of the Revised | 72 |
Code that a person who has a participant account has been charged | 73 |
with a violation of section 2907.02, 2907.03, 2907.04, 2907.05, or | 74 |
2921.41 of the Revised Code, no payment from that account shall be | 75 |
made prior to whichever of the following is applicable: | 76 |
(1) If the person is convicted of or pleads guilty to the | 77 |
violation and a motion for a withholding order for purposes of | 78 |
restitution has not been filed under section 2907.15 or division | 79 |
(C)(2)(b)(i) of section 2921.41 of the Revised Code, thirty days | 80 |
after the day on which the person is sentenced for the violation; | 81 |
(2) If the person is convicted of or pleads guilty to the | 82 |
violation and a motion for a withholding order for purposes of | 83 |
restitution has been filed under section 2907.15 or division | 84 |
(C)(2)(b)(i) of section 2921.41 of the Revised Code, the day on | 85 |
which the court decides the motion; | 86 |
(3) If the charge is dismissed or the person is found not | 87 |
guilty or not guilty by reason of insanity of the violation, the | 88 |
day on which the dismissal of the charge or the verdict is entered | 89 |
in the journal of the court. | 90 |
Sec. 742.461. (A) Notwithstanding any other provision of | 91 |
this chapter, any payment that is to be made under a pension or | 92 |
other type of benefit, other than a survivorship benefit, that has | 93 |
been granted to a person under this chapter, any | 94 |
accumulated contributions standing to a person's credit under this | 95 |
chapter, and | 96 |
person under this chapter | 97 |
98 | |
withholding order issued pursuant to section 2907.15 of the | 99 |
Revised Code or division (C)(2)(b) of section 2921.41 of the | 100 |
Revised Code | 101 |
the board of trustees of the Ohio police and fire pension fund | 102 |
shall comply with | 103 |
104 | |
equivalent amount of service credit, as determined by the Ohio | 105 |
police and fire pension fund. | 106 |
(B) Notwithstanding any other provision of this chapter, if | 107 |
the board receives notice pursuant to section 2907.15 of the | 108 |
Revised Code or division (D) of section 2921.41 of the Revised | 109 |
Code that a person who has accumulated contributions standing to | 110 |
the person's credit pursuant to this chapter is charged with a | 111 |
violation of section 2907.02, 2907.03, 2907.04, 2907.05, or | 112 |
2921.41 of the Revised Code, no payment of those accumulated | 113 |
contributions or of any other amounts to be paid under this | 114 |
chapter upon the person's withdrawal of contributions pursuant to | 115 |
this chapter shall be made prior to whichever of the following is | 116 |
applicable: | 117 |
(1) If the person is convicted of or pleads guilty to the | 118 |
charge and no motion for a withholding order for purposes of | 119 |
restitution has been filed under section 2907.15 of the Revised | 120 |
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised | 121 |
Code, thirty days after the day on which final disposition of the | 122 |
charge is made; | 123 |
(2) If the person is convicted of or pleads guilty to the | 124 |
charge and a motion for a withholding order for purposes of | 125 |
restitution has been filed under section 2907.15 of the Revised | 126 |
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised | 127 |
Code, the day on which the court decides the motion; | 128 |
(3) If the charge is dismissed or the person is found not | 129 |
guilty or not guilty by reason of insanity of the charge, the day | 130 |
on which final disposition of the charge is made. | 131 |
Sec. 2907.15. (A) As used in this section: | 132 |
(1) "Public retirement system" means the public employees | 133 |
retirement system, state teachers retirement system, school | 134 |
employees retirement system, Ohio police and fire pension fund, | 135 |
state highway patrol retirement system, or a municipal retirement | 136 |
system of a municipal corporation of this state. | 137 |
(2) "Government deferred compensation program" means such a | 138 |
program offered by the Ohio public employees deferred compensation | 139 |
board; a municipal corporation; or a governmental unit, as defined | 140 |
in section 148.06 of the Revised Code. | 141 |
(3) "Deferred compensation program participant" means a | 142 |
"participating employee" or "continuing member," as defined in | 143 |
section 148.01 of the Revised Code, or any other public employee | 144 |
who has funds in a government deferred compensation program. | 145 |
(4) "Alternative retirement plan" means an alternative | 146 |
retirement plan provided pursuant to Chapter 3305. of the Revised | 147 |
Code. | 148 |
(5) "Prosecutor" has the same meaning as in section 2935.01 | 149 |
of the Revised Code. | 150 |
In any case in which a sentencing court orders restitution to | 151 |
the victim under section 2929.18 or 2929.28 of the Revised Code | 152 |
for a violation of section 2907.02, 2907.03, 2907.04, or 2907.05 | 153 |
of the Revised Code and in which the offender is a government | 154 |
deferred compensation program participant, is an electing | 155 |
employee, as defined in section 3305.01 of the Revised Code, or is | 156 |
a member of, or receiving a pension, benefit, or allowance, other | 157 |
than a survivorship benefit, from, a public retirement system and | 158 |
committed the offense against a child, student, patient, or other | 159 |
person with whom the offender had contact in the context of the | 160 |
offender's public employment, at the request of the victim the | 161 |
prosecutor shall file a motion with the sentencing court | 162 |
specifying the government deferred compensation program, | 163 |
alternative retirement plan, or public retirement system and | 164 |
requesting that the court issue an order requiring the government | 165 |
deferred compensation program, alternative retirement plan, or | 166 |
public retirement system to withhold the amount required as | 167 |
restitution from one or more of the following: any payment to be | 168 |
made from a government deferred compensation program, any payment | 169 |
or benefit under an alternative retirement plan, or under a | 170 |
pension, annuity, allowance, or any other benefit, other than a | 171 |
survivorship benefit, that has been or is in the future granted to | 172 |
the offender; from any | 173 |
contributions standing to the offender's credit with the | 174 |
government deferred compensation program, alternative retirement | 175 |
plan, or public retirement system; or from
| 176 |
other amounts to be paid to the offender pursuant to Chapter 145., | 177 |
148., 742., 3307., 3309., or 5505. of the Revised Code
| 178 |
179 | |
subsequent to the conviction of the offender or entry of a guilty | 180 |
plea. On the filing of the motion, the clerk of the court in which | 181 |
the motion is filed shall notify the offender and the government | 182 |
deferred compensation program, alternative retirement plan, or | 183 |
public retirement system, in writing, of all of the following: | 184 |
that the motion was filed; that the offender will be granted a | 185 |
hearing on the issuance of the requested order if the offender | 186 |
files a written request for a hearing with the clerk prior to the | 187 |
expiration of thirty days after the offender receives the notice; | 188 |
that, if a hearing is requested, the court will schedule a hearing | 189 |
as soon as possible and notify the offender and the government | 190 |
deferred compensation program, alternative retirement plan, or | 191 |
public retirement system of the date, time, and place of the | 192 |
hearing; that, if a hearing is conducted, it will be limited to a | 193 |
consideration of whether the offender can show good cause why the | 194 |
order should not be issued; that, if a hearing is conducted, the | 195 |
court will not issue the order if the court determines, based on | 196 |
evidence presented at the hearing by the offender, that there is | 197 |
good cause for the order not to be issued; that the court will | 198 |
issue the order if a hearing is not requested or if a hearing is | 199 |
conducted but the court does not determine, based on evidence | 200 |
presented at the hearing by the offender, that there is good cause | 201 |
for the order not to be issued; and that, if the order is issued, | 202 |
the government deferred compensation program, alternative | 203 |
retirement plan, or public retirement system specified in the | 204 |
motion will be required to withhold the amount required as | 205 |
restitution from payments to the offender. | 206 |
(B) In any case in which a motion requesting the issuance of | 207 |
a withholding order as described in division (A) of this section | 208 |
is filed, the offender may receive a hearing on the motion by | 209 |
delivering a written request for a hearing to the court prior to | 210 |
the expiration of thirty days after the offender's receipt of the | 211 |
notice provided pursuant to division (A) of this section. If the | 212 |
offender requests a hearing within the prescribed time, the court | 213 |
shall schedule a hearing as soon as possible after the request is | 214 |
made and notify the offender and the government deferred | 215 |
compensation program, alternative retirement plan, or public | 216 |
retirement system of the date, time, and place of the hearing. A | 217 |
hearing scheduled under this division shall be limited to a | 218 |
consideration of whether there is good cause, based on evidence | 219 |
presented by the offender, for the requested order not to be | 220 |
issued. If the court determines, based on evidence presented by | 221 |
the offender, that there is good cause for the order not to be | 222 |
issued, the court shall deny the motion and shall not issue the | 223 |
order. Good cause for not issuing the order includes a | 224 |
determination by the court that the order would severely impact | 225 |
the offender's ability to support the offender's dependents. | 226 |
If the offender does not request a hearing within the | 227 |
prescribed time or the court conducts a hearing but does not | 228 |
determine, based on evidence presented by the offender, that there | 229 |
is good cause for the order not to be issued, the court shall | 230 |
order the government deferred compensation program, alternative | 231 |
retirement plan, or public retirement system to withhold the | 232 |
amount required as restitution from one or more of the following: | 233 |
any payments to be made from a government deferred compensation | 234 |
program, any payment or benefit under an alternative retirement | 235 |
plan, or under a pension, annuity, allowance, or under any other | 236 |
benefit, other than a survivorship benefit, that has been or is in | 237 |
the future granted to the offender; from any | 238 |
accumulated employee contributions standing to the offender's | 239 |
credit with the government deferred compensation program, | 240 |
alternative retirement plan, or public retirement system; or from | 241 |
any | 242 |
243 | |
3307., 3309., or 5505. of the Revised Code | 244 |
245 | |
246 | |
247 | |
issued under this division, the government deferred compensation | 248 |
program, alternative retirement plan, or public retirement system | 249 |
shall withhold the amount required as restitution, in accordance | 250 |
with the order, | 251 |
amount withheld to the clerk of the court in which the order was | 252 |
issued for payment to the person to whom restitution is to be | 253 |
made. The order shall not apply to any portion of payments made | 254 |
from a government deferred compensation program, alternative | 255 |
retirement plan, or public retirement system to a person other | 256 |
than the offender pursuant to a previously issued domestic court | 257 |
order. | 258 |
(C) Service of a notice required by division (A) or (B) of | 259 |
this section shall be effected in the same manner as provided in | 260 |
the Rules of Civil Procedure for the service of process. | 261 |
(D) Upon the filing of charges under section 2907.02, | 262 |
2907.03, 2907.04, or 2907.05 of the Revised Code against a person | 263 |
who is a deferred compensation program participant, an electing | 264 |
employee participating in an alternative retirement plan, or a | 265 |
member of, or receiving a pension benefit, or allowance, other | 266 |
than a survivorship benefit, from a public retirement system for | 267 |
an offense against a child, student, patient, or other person with | 268 |
whom the offender had contact in the context of the offender's | 269 |
public employment, the prosecutor shall send written notice that | 270 |
charges have been filed against that person to the appropriate | 271 |
government deferred compensation program, alternative retirement | 272 |
plan, or public retirement system. The notice shall specifically | 273 |
identify the person charged. | 274 |
(E) The clerk of the court in which a withholding order is | 275 |
issued under division (B) of this section shall send a certified | 276 |
copy of the order to the appropriate public retirement system, | 277 |
alternative retirement plan provider, deferred compensation | 278 |
program, or, if more than one is subject to the order, the | 279 |
applicable combination of these. | 280 |
Sec. 2921.41. (A) No public official or party official shall | 281 |
commit any theft offense, as defined in division (K) of section | 282 |
2913.01 of the Revised Code, when either of the following applies: | 283 |
(1) The offender uses the offender's office in aid of | 284 |
committing the offense or permits or assents to its use in aid of | 285 |
committing the offense; | 286 |
(2) The property or service involved is owned by this state, | 287 |
any other state, the United States, a county, a municipal | 288 |
corporation, a township, or any political subdivision, department, | 289 |
or agency of any of them, is owned by a political party, or is | 290 |
part of a political campaign fund. | 291 |
(B) Whoever violates this section is guilty of theft in | 292 |
office. Except as otherwise provided in this division, theft in | 293 |
office is a felony of the fifth degree. If the value of property | 294 |
or services stolen is one thousand dollars or more and is less | 295 |
than seven thousand five hundred dollars, theft in office is a | 296 |
felony of the fourth degree. If the value of property or services | 297 |
stolen is seven thousand five hundred dollars or more, theft in | 298 |
office is a felony of the third degree. | 299 |
(C)(1) A public official or party official who pleads guilty | 300 |
to theft in office and whose plea is accepted by the court or a | 301 |
public official or party official against whom a verdict or | 302 |
finding of guilt for committing theft in office is returned is | 303 |
forever disqualified from holding any public office, employment, | 304 |
or position of trust in this state. | 305 |
(2)(a) A court that imposes sentence for a violation of this | 306 |
section based on conduct described in division (A)(2) of this | 307 |
section shall require the public official or party official who is | 308 |
convicted of or pleads guilty to the offense to make restitution | 309 |
for all of the property or the service that is the subject of the | 310 |
offense, in addition to the term of imprisonment and any fine | 311 |
imposed. A court that imposes sentence for a violation of this | 312 |
section based on conduct described in division (A)(1) of this | 313 |
section and that determines at trial that this state or a | 314 |
political subdivision of this state if the offender is a public | 315 |
official, or a political party in the United States or this state | 316 |
if the offender is a party official, suffered actual loss as a | 317 |
result of the offense shall require the offender to make | 318 |
restitution to the state, political subdivision, or political | 319 |
party for all of the actual loss experienced, in addition to the | 320 |
term of imprisonment and any fine imposed. | 321 |
(b)(i) In any case in which a sentencing court is required to | 322 |
order restitution under division (C)(2)(a) of this section and in | 323 |
which the offender, at the time of the commission of the offense | 324 |
or at any other time, was a member of the public employees | 325 |
retirement system, the Ohio police and fire pension fund, the | 326 |
state teachers retirement system, the school employees retirement | 327 |
system, or the state highway patrol retirement system; was an | 328 |
electing employee, as defined in section 3305.01 of the Revised | 329 |
Code, participating in an alternative retirement plan provided | 330 |
pursuant to Chapter 3305. of the Revised Code; was a participating | 331 |
employee or continuing member, as defined in section 148.01 of the | 332 |
Revised Code, in a deferred compensation program offered by the | 333 |
Ohio public employees deferred compensation board; was an officer | 334 |
or employee of a municipal corporation who was a participant in a | 335 |
deferred compensation program offered by that municipal | 336 |
corporation; was an officer or employee of a government unit, as | 337 |
defined in section 148.06 of the Revised Code, who was a | 338 |
participant in a deferred compensation program offered by that | 339 |
government unit, or was a participating employee, continuing | 340 |
member, or participant in any deferred compensation program | 341 |
described in this division and a member of a retirement system | 342 |
specified in this division or a retirement system of a municipal | 343 |
corporation, the entity to which restitution is to be made may | 344 |
file a motion with the sentencing court specifying any retirement | 345 |
system, any provider as defined in section 3305.01 of the Revised | 346 |
Code, and any deferred compensation program of which the offender | 347 |
was a member, electing employee, participating employee, | 348 |
continuing member, or participant and requesting the court to | 349 |
issue an order requiring the specified retirement system, the | 350 |
specified provider under the alternative retirement plan, or the | 351 |
specified deferred compensation program, or, if more than one is | 352 |
specified in the motion, the applicable combination of these, to | 353 |
withhold the amount required as restitution from any payment that | 354 |
is to be made under a pension, annuity, or allowance, under an | 355 |
option in the alternative retirement plan, under a participant | 356 |
account, as defined in section 148.01 of the Revised Code, or | 357 |
under any other type of benefit, other than a survivorship | 358 |
benefit, that has been or is in the future granted to the | 359 |
offender, from any | 360 |
standing to the offender's credit with that retirement system, | 361 |
that provider of the option under the alternative retirement plan, | 362 |
or that deferred compensation program, or, if more than one is | 363 |
specified in the motion, the applicable combination of these, and | 364 |
from any | 365 |
366 | |
pursuant to Chapter 145., 148., 742., 3307., 3309., or 5505. of | 367 |
the Revised Code. A motion described in this division may be filed | 368 |
at any time subsequent to the conviction of the offender or entry | 369 |
of a guilty plea. Upon the filing of the motion, the clerk of the | 370 |
court in which the motion is filed shall notify the offender, the | 371 |
specified retirement system, the specified provider under the | 372 |
alternative retirement plan, or the specified deferred | 373 |
compensation program, or, if more than one is specified in the | 374 |
motion, the applicable combination of these, in writing, of all of | 375 |
the following: that the motion was filed; that the offender will | 376 |
be granted a hearing on the issuance of the requested order if the | 377 |
offender files a written request for a hearing with the clerk | 378 |
prior to the expiration of thirty days after the offender receives | 379 |
the notice; that, if a hearing is requested, the court will | 380 |
schedule a hearing as soon as possible and notify the offender, | 381 |
any specified retirement system, any specified provider under an | 382 |
alternative retirement plan, and any specified deferred | 383 |
compensation program of the date, time, and place of the hearing; | 384 |
that, if a hearing is conducted, it will be limited only to a | 385 |
consideration of whether the offender can show good cause why the | 386 |
requested order should not be issued; that, if a hearing is | 387 |
conducted, the court will not issue the requested order if the | 388 |
court determines, based on evidence presented at the hearing by | 389 |
the offender, that there is good cause for the requested order not | 390 |
to be issued; that the court will issue the requested order if a | 391 |
hearing is not requested or if a hearing is conducted but the | 392 |
court does not determine, based on evidence presented at the | 393 |
hearing by the offender, that there is good cause for the | 394 |
requested order not to be issued; and that, if the requested order | 395 |
is issued, any retirement system, any provider under an | 396 |
alternative retirement plan, and any deferred compensation program | 397 |
specified in the motion will be required to withhold the amount | 398 |
required as restitution from payments to the offender. | 399 |
(ii) In any case in which a sentencing court is required to | 400 |
order restitution under division (C)(2)(a) of this section and in | 401 |
which a motion requesting the issuance of a withholding order as | 402 |
described in division (C)(2)(b)(i) of this section is filed, the | 403 |
offender may receive a hearing on the motion by delivering a | 404 |
written request for a hearing to the court prior to the expiration | 405 |
of thirty days after the offender's receipt of the notice provided | 406 |
pursuant to division (C)(2)(b)(i) of this section. If a request | 407 |
for a hearing is made by the offender within the prescribed time, | 408 |
the court shall schedule a hearing as soon as possible after the | 409 |
request is made and shall notify the offender, the specified | 410 |
retirement system, the specified provider under the alternative | 411 |
retirement plan, or the specified deferred compensation program, | 412 |
or, if more than one is specified in the motion, the applicable | 413 |
combination of these, of the date, time, and place of the hearing. | 414 |
A hearing scheduled under this division shall be limited to a | 415 |
consideration of whether there is good cause, based on evidence | 416 |
presented by the offender, for the requested order not to be | 417 |
issued. If the court determines, based on evidence presented by | 418 |
the offender, that there is good cause for the order not to be | 419 |
issued, the court shall deny the motion and shall not issue the | 420 |
requested order. If the offender does not request a hearing within | 421 |
the prescribed time or if the court conducts a hearing but does | 422 |
not determine, based on evidence presented by the offender, that | 423 |
there is good cause for the order not to be issued, the court | 424 |
shall order the specified retirement system, the specified | 425 |
provider under the alternative retirement plan, or the specified | 426 |
deferred compensation program, or, if more than one is specified | 427 |
in the motion, the applicable combination of these, to withhold | 428 |
the amount required as restitution under division (C)(2)(a) of | 429 |
this section from any payments to be made under a pension, | 430 |
annuity, or allowance, under a participant account, as defined in | 431 |
section 148.01 of the Revised Code, under an option in the | 432 |
alternative retirement plan, or under any other type of benefit, | 433 |
other than a survivorship benefit, that has been or is in the | 434 |
future granted to the offender, from any | 435 |
employee contributions standing to the offender's credit with that | 436 |
retirement system, that provider under the alternative retirement | 437 |
plan, or that deferred compensation program, or, if more than one | 438 |
is specified in the motion, the applicable combination of these, | 439 |
and from | 440 |
offender | 441 |
442 | |
or 5505. of the Revised Code | 443 |
444 | |
445 | |
446 | |
this division, the public employees retirement system, the Ohio | 447 |
police and fire pension fund, the state teachers retirement | 448 |
system, the school employees retirement system, the state highway | 449 |
patrol retirement system, a municipal corporation retirement | 450 |
system, the provider under the alternative retirement plan, and | 451 |
the deferred compensation program offered by the Ohio public | 452 |
employees deferred compensation board, a municipal corporation, or | 453 |
a government unit, as defined in section 148.06 of the Revised | 454 |
Code, whichever are applicable, shall withhold the amount required | 455 |
as restitution, in accordance with the order, from any such | 456 |
payments and immediately shall forward the amount withheld to the | 457 |
clerk of the court in which the order was issued for payment to | 458 |
the entity to which restitution is to be made. | 459 |
(iii) Service of a notice required by division (C)(2)(b)(i) | 460 |
or (ii) of this section shall be effected in the same manner as | 461 |
provided in the Rules of Civil Procedure for the service of | 462 |
process. | 463 |
(D) Upon the filing of charges against a person under this | 464 |
section, the prosecutor, as defined in section 2935.01 of the | 465 |
Revised Code, who is assigned the case shall send written notice | 466 |
that charges have been filed against that person to the public | 467 |
employees retirement system, the Ohio police and fire pension | 468 |
fund, the state teachers retirement system, the school employees | 469 |
retirement system, the state highway patrol retirement system, the | 470 |
provider under an alternative retirement plan, any municipal | 471 |
corporation retirement system in this state, and the deferred | 472 |
compensation program offered by the Ohio public employees deferred | 473 |
compensation board, a municipal corporation, or a government unit, | 474 |
as defined in section 148.06 of the Revised Code. The written | 475 |
notice shall specifically identify the person charged. | 476 |
(E) The clerk of the court in which a withholding order is | 477 |
issued under division (C)(2)(b)(ii) of this section shall send a | 478 |
certified copy of the order to the appropriate public retirement | 479 |
system, alternative retirement plan provider, deferred | 480 |
compensation program, or, if more than one is subject to the | 481 |
order, the applicable combination of these. | 482 |
Sec. 3305.09. (A) Any payment that is to be made under a | 483 |
contract entered into for purposes of funding an employee's | 484 |
alternative retirement plan benefit and any account held for the | 485 |
employee shall be subject to any withholding order issued pursuant | 486 |
to section 2907.15 of the Revised Code or division (C)(2)(b) of | 487 |
section 2921.41 of the Revised Code. | 488 |
withholding order, the provider of the contract shall comply with | 489 |
490 |
(B) If the provider receives notice pursuant to section | 491 |
2907.15 of the Revised Code or division (D) of section 2921.41 of | 492 |
the Revised Code that the electing employee is charged with a | 493 |
violation of section 2907.02, 2907.03, 2907.04, 2907.05, or | 494 |
2921.41 of the Revised Code, no payment shall be made under the | 495 |
contract prior to whichever of the following is applicable: | 496 |
(1) If the person is convicted of or pleads guilty to the | 497 |
charge and no motion for a withholding order for purposes of | 498 |
restitution has been filed under section 2907.15 of the Revised | 499 |
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised | 500 |
Code, thirty days after the date on which final disposition of the | 501 |
charge is made; | 502 |
(2) If the person is convicted of or pleads guilty to the | 503 |
charge and a motion for a withholding order for purposes of | 504 |
restitution has been filed under section 2907.15 of the Revised | 505 |
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised | 506 |
Code, the date on which the court decides the motion; | 507 |
(3) If the charge is dismissed or the person is found not | 508 |
guilty of the charge or not guilty of the charge by reason of | 509 |
insanity, the date on which final disposition of the charge is | 510 |
made. | 511 |
Sec. 3307.37. (A) Notwithstanding any other provision of | 512 |
this chapter, any payment that is to be made under a pension, | 513 |
annuity, allowance, or other type of benefit payable under this | 514 |
chapter, other than a survivorship benefit, that has been granted | 515 |
to a person under this chapter, any | 516 |
contributions standing to a person's credit under this chapter, | 517 |
and any | 518 |
this chapter | 519 |
520 | |
issued pursuant to section 2907.15 of the Revised Code or division | 521 |
(C)(2)(b) of section 2921.41 of the Revised Code | 522 |
of a copy of a withholding order, the state | 523 |
retirement board shall comply with | 524 |
525 | |
equivalent amount of service credit, as determined by the state | 526 |
teachers retirement system. | 527 |
(B) Notwithstanding any other provision of this chapter, if | 528 |
the board receives notice pursuant to section 2907.15 of the | 529 |
Revised Code or division (D) of section 2921.41 of the Revised | 530 |
Code that a person who has contributions standing to the person's | 531 |
credit pursuant to this chapter is charged with a violation of | 532 |
section 2907.02, 2907.03, 2907.04, 2907.05, or 2921.41 of the | 533 |
Revised Code, no payment of those contributions, of any other | 534 |
amounts to be paid under this chapter upon the person's withdrawal | 535 |
of contributions pursuant to this chapter, or of any amount to be | 536 |
paid as a lump sum or single payment under section 3307.35 of the | 537 |
Revised Code shall be made prior to whichever of the following is | 538 |
applicable: | 539 |
(1) If the person is convicted of or pleads guilty to the | 540 |
charge and no motion for a withholding order for purposes of | 541 |
restitution has been filed under section 2907.15 of the Revised | 542 |
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised | 543 |
Code, thirty days after the day on which final disposition of the | 544 |
charge is made; | 545 |
(2) If the person is convicted of or pleads guilty to the | 546 |
charge and a motion for a withholding order for purposes of | 547 |
restitution has been filed under section 2907.15 of the Revised | 548 |
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised | 549 |
Code, the day on which the court decides the motion; | 550 |
(3) If the charge is dismissed or the person is found not | 551 |
guilty or not guilty by reason of insanity of the charge, the day | 552 |
on which final disposition of the charge is made. | 553 |
Sec. 3309.67. (A) Notwithstanding any other provision of | 554 |
this chapter, any payment that is to be made under a pension, | 555 |
annuity, allowance, or other type of benefit, other than a | 556 |
survivorship benefit, that has been granted to a person under this | 557 |
chapter, any | 558 |
person's credit under this chapter, and any | 559 |
amounts to be paid to a person under this chapter | 560 |
561 | |
shall be subject to any withholding order issued pursuant to | 562 |
section 2907.15 of the Revised Code or division (C)(2)(b) of | 563 |
section 2921.41 of the Revised Code | 564 |
a withholding order, the school employees retirement board shall | 565 |
comply with | 566 |
withholding under this division cancels an equivalent amount of | 567 |
service credit, as determined by the school employees retirement | 568 |
system. | 569 |
(B) Notwithstanding any other provision of this chapter, if | 570 |
the board receives notice pursuant to section 2907.15 of the | 571 |
Revised Code or division (D) of section 2921.41 of the Revised | 572 |
Code that a person who has accumulated contributions standing to | 573 |
the person's credit pursuant to this chapter is charged with a | 574 |
violation of section 2907.02, 2907.03, 2907.04, 2907.05, or | 575 |
2921.41 of the Revised Code, no payment of those accumulated | 576 |
contributions, of any other amounts to be paid under this chapter | 577 |
upon the person's withdrawal of contributions pursuant to this | 578 |
chapter, or of any amount to be paid to a contributor as a lump | 579 |
sum or single payment under section 3309.341 of the Revised Code, | 580 |
shall be made prior to whichever of the following is applicable: | 581 |
(1) If the person is convicted of or pleads guilty to the | 582 |
charge and no motion for a withholding order for purposes of | 583 |
restitution has been filed under section 2907.15 of the Revised | 584 |
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised | 585 |
Code, thirty days after the day on which final disposition of the | 586 |
charge is made; | 587 |
(2) If the person is convicted of or pleads guilty to the | 588 |
charge and a motion for a withholding order for purposes of | 589 |
restitution has been filed under section 2907.15 of the Revised | 590 |
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised | 591 |
Code, the day on which the court decides the motion; | 592 |
(3) If the charge is dismissed or the person is found not | 593 |
guilty or not guilty by reason of insanity of the charge, the day | 594 |
on which final disposition of the charge is made. | 595 |
Sec. 5505.26. (A) Notwithstanding any other provision of | 596 |
this chapter, any payment that is to be made under a pension or | 597 |
other type of benefit, other than a survivorship benefit, that has | 598 |
been granted to a person under this chapter, any | 599 |
accumulated contributions standing to a person's credit under this | 600 |
chapter, and any | 601 |
person under this chapter | 602 |
603 | |
issued pursuant to section 2907.15 of the Revised Code or division | 604 |
(C)(2)(b) of section 2921.41 of the Revised Code | 605 |
of a copy of a withholding order, the state highway patrol | 606 |
retirement board shall comply with | 607 |
608 | |
equivalent amount of service credit, as determined by the state | 609 |
highway patrol retirement system. | 610 |
(B) Notwithstanding any other provision of this chapter, if | 611 |
the board receives notice pursuant to section 2907.15 of the | 612 |
Revised Code or division (D) of section 2921.41 of the Revised | 613 |
Code that a person who has accumulated contributions standing to | 614 |
the person's credit pursuant to this chapter is charged with a | 615 |
violation of section 2907.02, 2907.03, 2907.04, 2907.05, or | 616 |
2921.41 of the Revised Code, no payment of those accumulated | 617 |
contributions or of any other amounts to be paid under this | 618 |
chapter upon the person's withdrawal of contributions pursuant to | 619 |
this chapter shall be made prior to whichever of the following is | 620 |
applicable: | 621 |
(1) If the person is convicted of or pleads guilty to the | 622 |
charge and no motion for a withholding order for purposes of | 623 |
restitution has been filed under section 2907.15 of the Revised | 624 |
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised | 625 |
Code, thirty days after the day on which final disposition of the | 626 |
charge is made; | 627 |
(2) If the person is convicted of or pleads guilty to the | 628 |
charge and a motion for a withholding order for purposes of | 629 |
restitution has been filed under section 2907.15 of the Revised | 630 |
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised | 631 |
Code, the day on which the court decides the motion; | 632 |
(3) If the charge is dismissed or the person is found not | 633 |
guilty or not guilty by reason of insanity of the charge, the day | 634 |
on which final disposition of the charge is made. | 635 |
Section 2. That existing sections 145.57, 148.10, 742.461, | 636 |
2907.15, 2921.41, 3305.09, 3307.37, 3309.67, and 5505.26 of the | 637 |
Revised Code are hereby repealed. | 638 |