reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3304 | Worker Retraining › Section 3304.181 | Solicitation of Additional Funds.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
If the total of all funds available from nonfederal sources to support the activities of the opportunities for Ohioans with disabilities agency does not comply with the expenditure requirements of 34 C.F.R. 361.60 and 361.62 for those activities or would cause the state to lose an allotment or fail to receive a reallotment under 34 C.F.R. 361.65, the agency may solicit additional funds from, and enter into agreements for the use of those funds with, private or public entities, including local government entities of this state. The agency may continue to solicit additional funds and enter into agreements until the total funding available is sufficient for the agency to receive federal funds at the maximum amount and in the most advantageous proportion possible.
Any agreement entered into between the agency and a private or public entity to provide funds under this section shall be in accordance with 34 C.F.R. 361.28 and section 3304.182 of the Revised Code.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3304 | Worker Retraining › Section 3304.182 | Percentage of Funds for Administration.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
Any agreement between the opportunities for Ohioans with disabilities agency and a private or public entity providing funds under section 3304.181 of the Revised Code may permit the agency to receive a specified percentage of the funds, but the percentage shall be not more than twenty-five per cent of the total funds available under the agreement. The agency may terminate an agreement at any time for just cause. It may terminate an agreement for any other reason by giving at least thirty days' notice to the public or private entity.
Any vocational rehabilitation services provided under an agreement entered into under section 3304.181 of the Revised Code shall be provided by a person or government entity that meets the accreditation standards established in rules adopted by the agency under section 3304.15 of the Revised Code.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3304 | Worker Retraining › Section 3304.19 | Right to Living Maintenance Not Transferable or Assignable or Subject to Execution.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
Any maintenance provided under sections 3304.11 to 3304.27 of the Revised Code is not transferable or assignable at law or in equity, and none of the money paid or payable or rights existing under this chapter are subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3304 | Worker Retraining › Section 3304.20 | Request for Administrative Review.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
Any eligible individual with a disability applying for or receiving vocational rehabilitation services who is dissatisfied with regard to the furnishing or denial of vocational rehabilitation services, may file a request for an administrative review and redetermination of that action in accordance with rules of the opportunities for Ohioans with disabilities agency. When the eligible individual with a disability is dissatisfied with the finding of this administrative review, the eligible individual with a disability is entitled, in accordance with agency rules and in accordance with Chapter 119. of the Revised Code, to a fair hearing before the executive director of the agency.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3304 | Worker Retraining › Section 3304.21 | Prohibition Against Use of Information.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
No person shall, except for the purposes of sections 3304.11 to 3304.27 of the Revised Code, and in accordance with the rules established by the opportunities for Ohioans with disabilities agency, solicit, disclose, receive, make use of, authorize, knowingly permit, participate in, or acquiesce in the use of any list of names or information concerning eligible individuals with disabilities applying for or receiving any vocational rehabilitation services from the agency, which information is directly or indirectly derived from the records of the agency or is acquired in the performance of the person's official duties.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3304 | Worker Retraining › Section 3304.22 | Prohibition Against Use of Program for Partisan Political Purposes - Penalty.

Effective:
June 1, 2018
Latest Legislation:
Senate Bill 144 - 132nd General Assembly
No officer or employee of the opportunities for Ohioans with disabilities council, the opportunities for Ohioans with disabilities agency, or any person engaged in the administration of a vocational rehabilitation services program sponsored by or affiliated with the state shall use or permit the use of any vocational rehabilitation services program for the purpose of interfering with an election for any partisan political purpose; solicit or receive money for a partisan political purpose; or require any other person to contribute any service or money for a partisan political purpose. Whoever violates this section shall be removed from the officer's or employee's office or employment.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3304 | Worker Retraining › Section 3304.24 | Inclusive Workplace Award.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
Each October during national disability employment awareness month, the governor shall present an award to employers who meet the criteria for having a workplace inclusive of individuals with disabilities. The opportunities for Ohioans with disabilities agency shall determine the inclusive workplace criteria to be used to recommend employers for the award.
Last updated September 9, 2021 at 9:37 AM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3304 | Worker Retraining › Section 3304.27 | Vocational Rehabilitation Services Subject to Amendment or Repeal of Legislation.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
All vocational rehabilitation services made available under sections 3304.11 to 3304.27 of the Revised Code, are made available subject to amendment or repeal of those sections, and no eligible individual with a disability shall have any claim by reason of the eligible individual's vocational rehabilitation services being affected in any way by such an amendment or repeal.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3304 | Worker Retraining › Section 3304.28 | Bureau of Services for Visually Impaired Definitions.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
As used in sections 3304.28 to 3304.34 of the Revised Code:
(A) "Suitable vending facility" means automatic vending machines, cafeterias, snack bars, cart service shelters, counters, and other appropriate auxiliary food service equipment determined to be necessary by the bureau of services for the visually impaired for the automatic or manual dispensing of foods, beverages, and other such commodities for sale by individuals, no fewer than one-half of whom are blind, under the supervision of a licensed vendor who is blind or an employee of the opportunities for Ohioans with disabilities agency.
(B) "Blind" means either of the following:
(1) Vision twenty/two hundred or less in the better eye with proper correction;
(2) Field defect in the better eye with proper correction that contracts the peripheral field so that the diameter of the visual field subtends an angle no greater than twenty degrees.
(C) "Governmental property" means any real property, building, or facility owned, leased, or rented by the state or any board, commission, department, division, or other unit or agency thereof, but does not include any institution under the management of the department of rehabilitation and correction pursuant to section 5120.05 of the Revised Code, or under the management of the department of youth services created pursuant to section 5139.01 of the Revised Code.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3304 | Worker Retraining › Section 3304.29 | Duties of Bureau of Services for Visually Impaired.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
The bureau of services for the visually impaired shall:
(A) Survey suitable vending facility concession opportunities for individuals who are blind on governmental property;
(B) Obtain and make public, information concerning employment opportunities for individuals who are blind in suitable vending facilities;
(C) License individuals who are blind to operate suitable vending facilities on governmental property;
(D) Adopt rules and do everything necessary and proper to carry out sections 3304.29 to 3304.34 of the Revised Code.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3304 | Worker Retraining › Section 3304.30 | Suitable Vending Facilities; Establishment and Requirements.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
Every person in charge of governmental property to be substantially renovated or who is responsible for the acquisition, lease, or rental of such property shall consult with the director of the bureau of services for the visually impaired prior to such renovation, acquisition, lease, or rental to determine if sufficient numbers of persons will be using such property to support a suitable vending facility. If the director determines that such property would be a satisfactory site for a suitable vending facility, provision shall be made for electrical outlets, plumbing fixtures, and other requirements for the installation and operation of a suitable vending facility. In the case of a state university, medical university, technical college, state community college, community college, university branch district, or state-affiliated college or university, the decision to establish a suitable vending facility shall be made jointly by the director of services for the visually impaired and proper administrative authorities of the state or state-affiliated college or university.
The bureau shall provide each suitable vending facility with equipment and an adequate initial stock of suitable articles to be vended. An inventory shall be made of each suitable vending facility at least once every six months. Each blind licensee may make the blind licensee's own inventory on forms prescribed by the bureau, provided that the bureau shall retain the right to make its own inventory at any mutually agreeable time. Each blind licensee may employ and discharge personnel required to operate the blind licensee's suitable vending facility, but employment preference shall be given to individuals who are blind and who are capable of discharging the required duties. At all times at least one-half of the employees shall be blind.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3304 | Worker Retraining › Section 3304.31 | Bureau May Deny, Revoke, or Suspend Licenses.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
(A) Licenses issued by the bureau of services for the visually impaired under section 3304.29 of the Revised Code shall be in effect until suspended or revoked. Except as provided in division (B) of this section, the bureau may deny, revoke, or suspend a license or otherwise discipline a licensee upon proof that the licensee is guilty of fraud or deceit in procuring or attempting to procure a license, is guilty of a felony or a crime of moral turpitude, is addicted to the use of habit-forming drugs or alcohol, or is mentally incompetent. Such license may also be denied, revoked, or suspended on proof of violation by the applicant or licensee of the rules established by the bureau for the operation of suitable vending facilities by individuals who are blind or if a licensee fails to maintain a vending facility as a suitable vending facility.
(B) The bureau shall not refuse to issue a license to an applicant because of a conviction of or plea of guilty to an offense unless the refusal is in accordance with section 9.79 of the Revised Code.
(C) Any individual who is blind and who has had the individual's license suspended or revoked or the individual's application denied by the bureau may reapply for a license and may be reinstated or be granted a license by the bureau upon presentation of satisfactory evidence that there is no longer cause for such suspension, revocation, or denial. Before the bureau may revoke, deny, or suspend a license, or otherwise discipline a licensee, written charges must be filed by the director of the bureau and a hearing shall be held as provided in Chapter 119. of the Revised Code.
Last updated March 10, 2023 at 11:27 AM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3304 | Worker Retraining › Section 3304.32 | Administrative Hearings.

Effective:
July 30, 1980
Latest Legislation:
Senate Bill 298 - 113th General Assembly
If a dispute concerning the establishment of a suitable vending facility arises or if the bureau of services for the visually impaired determines that a department, agency, or governmental unit in control of governmental property has not complied with sections 3304.29 to 3304.34 of the Revised Code, an administrative hearing shall be held. The hearing shall be conducted by a board, which shall consist of one person designated by the director of the bureau who shall serve as chairman, one person designated by the head of the agency, department, or unit adversely affected, and a third person selected by mutual agreement of the two parties. If a third person cannot be mutually agreed on by the two parties, such person shall be designated by the governor. The board's adjudication of the dispute shall be conducted in accordance with Chapter 119. of the Revised Code, and any order issued by the Board shall be binding on both parties. An order issued by a board constituted under this section may be appealed in accordance with the procedure specified in section 119.12 of the Revised Code.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3304 | Worker Retraining › Section 3304.33 | Prohibition Against Private Contract or Concession to Operate Vending Facility on Governmental Property.

Effective:
July 30, 1980
Latest Legislation:
Senate Bill 298 - 113th General Assembly
No private contract or concession to operate a vending facility on governmental property shall be granted unless the bureau of services for the visually impaired has determined that such facility is not a satisfactory site for a suitable vending facility operated by a blind licensee. Nothing in sections 3304.29 to 3304.34 of the Revised Code shall be construed to impair any valid contract existing prior to August 19, 1976, or to preclude the renegotiation of such contract on the same terms and with the same parties. The bureau of services for the visually impaired shall maintain adequate records to insure that vending facilities operated by blind licensees are suitable vending facilities.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3304 | Worker Retraining › Section 3304.34 | Vending Facilities on Federal Property.

Effective:
December 2, 1996
Latest Legislation:
House Bill 670 - 121st General Assembly
Vending facilities on federal property shall be licensed in accordance with the "Randolph-Sheppard Vending Stand Act," 89 Stat. 2-8 (1974), 20 U.S.C. 107, as amended. In accordance with the requirements of that act, the bureau of services for the visually impaired shall conduct biennial elections of the Ohio vendors representative committee, which shall be fully representative of all blind licensees issued licenses under this chapter, and shall perform the functions assigned to the Ohio vendors representative committee under the "Randolph-Sheppard Vending Stand Act," as amended. The number of members and terms of office of the Ohio vendors representative committee shall be determined by the bureau of services for the visually impaired.
The director of the bureau shall meet with the committee semiannually, and special meetings may be called upon written request of the majority of the members of such committee or upon written request of the director of the bureau. Such special meetings shall convene within fifteen days of making such request. Committee members shall be paid their actual and necessary expenses for attendance at regular semiannual meetings, but shall receive no reimbursement for expenses incurred attending special meetings.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3304 | Worker Retraining › Section 3304.35 | Use of Funds.

Effective:
July 1, 1983
Latest Legislation:
House Bill 291 - 115th General Assembly
No funds derived from the federal government or from blind licensees under the "Randolph-Sheppard Vending Stand Act," 89 Stat. 2-8 (1974), 20 U.S.C. 107, as amended, and no interest or other income generated by state investment of those funds shall be spent for purposes other than those set forth in that act.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3304 | Worker Retraining › Section 3304.41 | Program to Provide Personal Care Assistance for Severely Physically Disabled Persons.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
The opportunities for Ohioans with disabilities agency shall establish and administer a program for the use of funds appropriated for that purpose to provide personal care assistance to enable eligible individuals with severe physical disabilities to live and work independently. The agency shall adopt rules in accordance with Chapter 119. of the Revised Code as necessary to carry out the purposes of this section.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3304 | Worker Retraining › Section 3304.42 | Effect of Child Support Default on License.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
On receipt of a notice pursuant to section 3123.43 of the Revised Code, the bureau of services for the visually impaired shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a license issued pursuant to this chapter.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3304 | Worker Retraining › Section 3304.50 | Ohio Independent Living Council - Executive Director.

Effective:
September 29, 1995
Latest Legislation:
House Bill 117 - 121st General Assembly
The Ohio independent living council established and appointed by the governor under the authority of section 107.18 of the Revised Code and pursuant to the "Rehabilitation Act Amendments of 1992," 106 Stat. 4344, 29 U.S.C.A. 796d, shall appoint an executive director to serve at the pleasure of the council and shall fix his compensation. The executive director shall not be considered a public employee for purposes of Chapter 4117. of the Revised Code. The council may delegate to the executive director the authority to appoint, remove, and discipline, without regard to sex, race, creed, color, age, or national origin, such other professional, administrative, and clerical staff members as are necessary to carry out the functions and duties of the council.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3305 | Alternative Retirement Plans › Section 3305.01 | Alternative Retirement Program Definitions.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
As used in this chapter:
(A) "Public institution of higher education" means a state university as defined in section 3345.011 of the Revised Code, the northeast Ohio medical university, or a university branch, technical college, state community college, community college, or municipal university established or operating under Chapter 3345., 3349., 3354., 3355., 3357., or 3358. of the Revised Code.
(B) "State retirement system" means the public employees retirement system created under Chapter 145. of the Revised Code, the state teachers retirement system created under Chapter 3307. of the Revised Code, or the school employees retirement system created under Chapter 3309. of the Revised Code.
(C) "Eligible employee" means any person employed as a full-time employee of a public institution of higher education.
In all cases of doubt, the board of trustees of the public institution of higher education shall determine whether any person is an eligible employee for purposes of this chapter, and the board's decision shall be final.
(D) "Electing employee" means any eligible employee who elects, pursuant to section 3305.05 or 3305.051 of the Revised Code, to participate in an alternative retirement plan provided pursuant to this chapter or an eligible employee who is required to participate in an alternative retirement plan pursuant to division (C)(3) of section 3305.05 or division (F) of section 3305.051 of the Revised Code.
(E) "Compensation," for purposes of an electing employee, has the same meaning as the applicable one of the following:
(1) If the electing employee would be subject to Chapter 145. of the Revised Code had the employee not made an election pursuant to section 3305.05 or 3305.051 of the Revised Code, "earnable salary" as defined in division (R) of section 145.01 of the Revised Code;
(2) If the electing employee would be subject to Chapter 3307. of the Revised Code had the employee not made an election pursuant to section 3305.05 or 3305.051 of the Revised Code, "compensation" as defined in division (L) of section 3307.01 of the Revised Code;
(3) If the electing employee would be subject to Chapter 3309. of the Revised Code had the employee not made an election pursuant to section 3305.05 or 3305.051 of the Revised Code, "compensation" as defined in division (V) of section 3309.01 of the Revised Code.
(F) "Vendor" means an entity designated under section 3305.03 of the Revised Code as eligible to be a provider of investment options for an alternative retirement plan.
(G) "Provider" means, with respect to each public institution of higher education, a vendor that has entered into an agreement with that public institution of higher education in accordance with section 3305.04 of the Revised Code.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3305 | Alternative Retirement Plans › Section 3305.02 | Alternative Retirement Program.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
An alternative retirement program is hereby established in accordance with this chapter for the purpose of providing to eligible employees the opportunity of participating in an alternative retirement plan as an alternative to participating in a state retirement system. The employer is the sponsor of each alternative retirement plan offered under this chapter.
Each alternative retirement plan offered under this program shall be a defined contribution plan qualified under section 401 (a) of the Internal Revenue Code that provides retirement and, to the extent applicable, death benefits through investment options. The options shall be offered to electing employees pursuant to trust or custodial accounts or pursuant to group or individual annuity contracts and certificates issued under group contracts. The options may include life insurance, annuities, variable annuities, regulated investment trusts, pooled investment funds, or other forms of investment, at the option of each electing employee.
Notwithstanding this chapter, any retirement plan established by a public institution of higher education prior to March 31, 1997, as an alternative to participating in any state retirement system may continue in effect and be modified without regard to this chapter for all employees at the public institution eligible to participate in the plan.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3305 | Alternative Retirement Plans › Section 3305.031 | Additional Procedures When Designating or Reviewing a Vendor.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) As part of the process established under section 3305.03 of the Revised Code for designating an entity as a vendor and conducting periodic reviews of a vendor, the Ohio board of regents shall do all of the following:
(1) Provide written notice to each public institution of higher education that an entity has applied to be designated as a vendor under section 3305.03 of the Revised Code;
(2) Provide written notice to each public institution of higher education that a vendor is scheduled for a review;
(3) Establish a comment period of not less than thirty days during which a public institution of higher education is authorized to comment about an entity's application for designation or a vendor's review and to request a meeting with the board of regents concerning the application or review;
(4) Not later than fourteen days after the board makes a decision with respect to an application or review, including any rescission of a vendor's designation, provide written notice to each public institution of higher education of the board's decision.
(B) If a meeting is requested by a public institution of higher education under division (A)(3) of this section, the board of regents shall do all of the following:
(1) Notify each public institution of higher education of the meeting and its time and place;
(2) Hold the meeting not less than ten but not more than thirty days after the end of the comment period;
(3) Continue to accept comments concerning the application or review, as applicable, until five business days after the meeting is held.
(C) The board of regents shall adopt rules under section 3305.032 of the Revised Code specifying the method to be used by public institutions of higher education in submitting comments to the board concerning an application or review.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3305 | Alternative Retirement Plans › Section 3305.032 | Adoption of Rules.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
The Ohio board of regents shall adopt rules as the board considers necessary to carry out its duties and responsibilities under this chapter. The rules shall be adopted in accordance with Chapter 119. of the Revised Code. The rules may provide for fees to be charged providers by the board to cover administrative and marketing expenses of the board.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3305 | Alternative Retirement Plans › Section 3305.04 | Adoption of Alternative Retirement Plan; Implementation.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) The board of trustees of each public institution of higher education shall adopt an alternative retirement plan in accordance with this chapter.
In accordance with this chapter, each board may perform such functions and provide as necessary for the administration of its alternative retirement plan.
(B)(1) In implementing the alternative retirement plan established by the board, the public institution of higher education shall develop agreements to be entered into with entities designated under section 3305.03 of the Revised Code as vendors. Each agreement shall include such terms and conditions as are determined by the public institution of higher education in its sole discretion.
(2) Except as provided in division (B)(3) of this section, the public institution of higher education shall enter into agreements with a minimum of four vendors or, if fewer than four vendors are available, with the number of vendors available.
(3) Division (B)(2) of this section does not require a public institution of higher education to enter into an agreement with a vendor if either of the following is the case:
(a) The vendor is not willing to provide investment options under the alternative retirement plan at that public institution.
(b) The vendor is not willing to agree to the terms and conditions of the agreement.
(4) After an agreement has been entered into, both of the following apply with respect to termination of the agreement with the provider:
(a) The agreement shall be terminated if the provider ceases to be an entity designated as a vendor.
(b) The agreement may be terminated if the provider fails to comply with the terms and conditions of such agreement.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3305 | Alternative Retirement Plans › Section 3305.053 | Selection and Change of Providers Under Alternative Plan.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
The board of trustees of a public institution of higher education shall permit an employee who makes an election under section 3305.05 or 3305.051 of the Revised Code to do all of the following:
(A) Select, from among the providers that have entered into an agreement with the public institution of higher education under section 3305.04 of the Revised Code, the provider of an investment option for that employee;
(B) Subject to any terms and conditions established by the public institution of higher education, change the provider selected under division (A) of this section any time during the plan year.
(C) If under division (B) of this section an employee changes providers, the employee may direct the provider to transfer to the new provider the employee's account balance either in whole or in part, as directed by the employee, except that the provider is not required to immediately transfer any part of the account invested at the employee's election in a fixed annuity account if the contract with the employee under which the investment was made permits the provider to make such a transfer over a period of time not exceeding ten years and the contract was filed with and approved by the department of insurance pursuant to section 3911.011 of the Revised Code.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3305 | Alternative Retirement Plans › Section 3305.06 | Employee and Employer Contributions.

Effective:
April 6, 2017
Latest Legislation:
House Bill 520 - 131st General Assembly
(A) Each electing employee shall contribute an amount, which shall be a certain percentage of the employee's compensation, to the provider of the investment option the employee has selected. This percentage shall be the percentage the electing employee would have otherwise been required to contribute to the state retirement system that applies to the employee's position, except that the percentage shall not be less than three per cent. Employee contributions under this division may be treated as employer contributions in accordance with Internal Revenue Code 414(h).
(B) Each public institution of higher education employing an electing employee shall contribute a percentage of the employee's compensation to the provider of the investment option the employee has selected. This percentage shall be equal to the percentage that the public institution of higher education would otherwise contribute on behalf of that employee to the state retirement system that would otherwise cover that employee's position, less the percentage contributed by the public institution of higher education under division (D) of this section.
(C)(1) In no event shall the amount contributed by the electing employee pursuant to division (A) of this section and on the electing employee's behalf pursuant to division (B) of this section be less than the amount necessary to qualify the plan as a state retirement system pursuant to Internal Revenue Code 3121(b)(7) and the regulations adopted thereunder.
(2) The full amount of the electing employee's contribution under division (A) of this section and the full amount of the employer's contribution made on behalf of that employee under division (B) of this section shall be paid to the appropriate provider for application to the electing employee's investment option.
(D) Each public institution of higher education employing an electing employee shall contribute on behalf of that employee to the state retirement system that otherwise applies to the electing employee's position a percentage of the electing employee's compensation to mitigate any negative financial impact of the alternative retirement program on the state retirement system. The percentage shall be determined by the actuarial study conducted under section 145.222, 3307.514, or 3309.212 of the Revised Code, as applicable.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3305 | Alternative Retirement Plans › Section 3305.07 | Payment of Benefits to Electing Employee.

Effective:
September 13, 2022
Latest Legislation:
Senate Bill 273 - 134th General Assembly
(A) Neither the state nor a public institution of higher education shall be a party to any contract purchased in whole or in part with contributions to an alternative retirement plan made under section 3305.06 of the Revised Code. No retirement, death, or other benefits shall be payable by the state or by any public institution of higher education under any alternative retirement plan elected pursuant to this chapter.
(B) Except as provided under division (C) of this section and sections 3305.08, 3305.09, 3305.11, and 3305.12 of the Revised Code, benefits shall be paid to an electing employee or the employee's beneficiaries in accordance with the alternative retirement plan adopted by the public institution of higher education at which the employee is employed.
(C) A benefit or payment shall not be paid to an electing employee or the employee's beneficiaries under an investment option before one of the following events occur:
(1) The electing employee dies.
(2) The electing employee terminates employment with the public institution of higher education at which the employee is employed.
(3) If provided under the alternative retirement plan or investment option, either of the following:
(a) The electing employee becomes disabled.
(b) The electing employee is required to begin receiving distributions under division (a)(9) of section 401 of the Internal Revenue Code, 26 U.S.C. 401(a)(9).
(D) The provider of an investment option shall transfer the employee's account balance to another provider as provided under section 3305.053 of the Revised Code if the employee changes providers under that section.
Last updated October 6, 2022 at 5:14 PM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3305 | Alternative Retirement Plans › Section 3305.08 | Tax Exemption.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
Any payment, benefit, or other right accruing to any electing employee under a contract entered into for purposes of an alternative retirement plan and all moneys, investments, and income of those contracts are exempt from any state tax, except the tax imposed by section 5747.02 of the Revised Code, are exempt from any county, municipal, or other local tax, except income taxes imposed pursuant to section 5748.02, 5748.08, or 5748.09 of the Revised Code, and, except as provided in sections 3105.171, 3105.65, 3115.501, 3119.80, 3119.81, 3121.02, 3121.03, 3123.06, 3305.09, and 3305.12 of the Revised Code, shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or the insolvency law, or other process of law, and shall be unassignable except as specifically provided in this section and sections 3105.171, 3105.65, 3119.80, 3119.81, 3121.02, 3121.03, 3115.501, and 3123.06 of the Revised Code or in any contract the electing employee has entered into for purposes of an alternative retirement plan.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3305 | Alternative Retirement Plans › Section 3305.09 | Withholding Order to Pay Restitution for Sex Offense or Theft in Office.

Effective:
April 1, 2001
Latest Legislation:
House Bill 535 - 123rd General Assembly
(A) Any payment that is to be made under a contract entered into for purposes of funding an employee's alternative retirement plan benefit shall be subject to any withholding order issued pursuant to section 2907.15 of the Revised Code or division (C)(2)(b) of section 2921.41 of the Revised Code. The provider of the contract shall comply with that withholding order in making the payment.
(B) If the provider receives notice pursuant to section 2907.15 of the Revised Code or division (D) of section 2921.41 of the Revised Code that the electing employee is charged with a violation of section 2907.02, 2907.03, 2907.04, 2907.05, or 2921.41 of the Revised Code, no 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.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3305 | Alternative Retirement Plans › Section 3305.10 | Consent of Spouse of Electing Employee Required Prior to Payment.

Effective:
September 13, 2022
Latest Legislation:
Senate Bill 273 - 134th General Assembly
(A)(1) Except as provided in division (C) of this section, 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.
(2) Except as provided in division (C) of this section, 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.
(B) Each provider shall establish requirements for consent under division (A) of 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.
(C)(1) Consent may be waived if the spouse cannot be located or for any other reason specified in the regulations adopted under division (a)(2) of section 417 of the Internal Revenue Code, 26 U.S.C. 417(a)(2).
(2) A provider is not required to obtain the consent of an electing employee's spouse before making any payment that the provider is required to make in accordance with division (a)(9) of section 401 of the Internal Revenue Code, 26 U.S.C. 401(a)(9).
(D) Consent or waiver under this section is effective only with regard to the spouse who is the subject of the consent or waiver.
Last updated July 15, 2022 at 11:16 AM
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3305 | Alternative Retirement Plans › Section 3305.11 | Forfeiture of Retirement Benefits Under Rc 2929.192.

Effective:
May 13, 2008
Latest Legislation:
Senate Bill 3 - 127th General Assembly
(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 division, all of the following apply:
(1) No payment of those accumulated contributions or of 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 made prior to whichever of the following is applicable:
(a) If the person is convicted of or pleads guilty to the charge and forfeiture is ordered under division (A) or (B) of section 2929.192 of the Revised Code, the day on which the provider receives from the court a copy of the journal entry of the offender's sentence under that section;
(b) If the charge against the person is dismissed, the person is found not guilty of the charge, or the person is found not guilty by reason of insanity of the charge, the day on which the provider receives notice of the final disposition of the charge.
(2) The provider of an alternative retirement plan shall not process any application for payment under this chapter from the person prior to the final disposition of the charge.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3305 | Alternative Retirement Plans › Section 3305.12 | Benefits Subject to Termination.

Effective:
July 29, 2011
Latest Legislation:
House Bill 123 - 129th General Assembly
Notwithstanding any other provision of an alternative retirement plan provided under this chapter, a disability benefit granted under the alternative retirement plan is subject to an order issued under section 2929.193 of the Revised Code. The entity providing the alternative retirement plan shall comply with the order.
On receipt of notice under section 2901.43 of the Revised Code that an alternative retirement plan participant is charged with an offense listed in division (D) of section 2929.192 of the Revised Code under the circumstances specified in that division, the entity shall determine whether the participant has been granted a disability benefit. If so, the entity shall send written notice to the prosecutor assigned to the case that the participant has been granted a disability benefit under an alternative retirement plan and may be subject to section 2929.193 of the Revised Code.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3305 | Alternative Retirement Plans › Section 3305.20 | Alternate Payee Entitled to Certain Information.

Effective:
July 29, 2011
Latest Legislation:
House Bill 123 - 129th General Assembly
As used in this section, "personal history record" means information maintained by the entity providing an alternative retirement plan on an individual who participates in the plan that includes the address, telephone number, social security number, record of contributions, correspondence with the plan, or other information the entity providing the plan determines to be confidential.
The entity shall comply with orders issued under section 3105.87 of the Revised Code requiring it to provide information from a participant's personal history record.
The entity shall furnish information as follows:
(A) On the written request of an alternate payee, as defined in section 3105.80 of the Revised Code, the entity providing the alternative retirement plan shall furnish to the alternate payee information on the amount and status of any amounts payable to the alternate payee under an order issued under section 3105.171 or 3105.65 of the Revised Code.
(B) Documentation required by section 2929.193 of the Revised Code shall be provided to a court holding a hearing under that section.
(C) The notice required by section 3305.12 of the Revised Code shall be provided to the prosecutor assigned to the case.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3305 | Alternative Retirement Plans › Section 3305.22 | Repayment or Recovery of Amounts Paid to Alternate Payee.

Effective:
July 29, 2011
Latest Legislation:
House Bill 123 - 129th General Assembly
If a person who is a disability benefit recipient or an alternate payee, as defined in section 3105.80 of the Revised Code, is paid any amount to which the person is not entitled by an entity providing an alternative retirement plan, the person shall repay the entity. If the person fails to repay, the entity shall withhold the amount from any benefit or payment due the person or may collect the amount in any other manner provided by law.
2023 Ohio Revised Code › Title 33 | Education-Libraries › Chapter 3307 | State Teachers Retirement System › Section 3307.03 | State Teachers Retirement System - Board.

Effective:
September 15, 2004
Latest Legislation:
Senate Bill 133 - 125th General Assembly
A state teachers retirement system is hereby established for the teachers of the public schools of the state which includes the several funds created and placed under the management of a state teachers retirement board for the payment of retirement allowances and other benefits under Chapter 3307. of the Revised Code. The board may sue and be sued, plead and be impleaded, contract and be contracted with, and do all things necessary to carry out such sections. All of its business shall be transacted, and all of its funds invested, all warrants for money drawn and payments made, and all of its cash, securities, and other property shall be held in the name of the board or in the name of its nominee, provided that nominees are authorized by retirement board resolution for the purpose of facilitating the ownership and transfer of investments and are restricted to members of the board, the executive director, and designated members of the staff, or a partnership or corporation composed of any of the foregoing persons.
If the Ohio retirement study council establishes a uniform format for any report the board is required to submit to the council, the board shall submit the report in that format.