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
Structure Ohio Revised Code
Title 33 | Education-Libraries
Chapter 3305 | Alternative Retirement Plans
Section 3305.01 | Alternative Retirement Program Definitions.
Section 3305.02 | Alternative Retirement Program.
Section 3305.03 | Designation of Entities Eligible to Provide Investment Options.
Section 3305.031 | Additional Procedures When Designating or Reviewing a Vendor.
Section 3305.032 | Adoption of Rules.
Section 3305.04 | Adoption of Alternative Retirement Plan; Implementation.
Section 3305.05 | Employees Who May Elect to Participate in Alternative Plan.
Section 3305.051 | Elections Made Prior to Effective Date.
Section 3305.053 | Selection and Change of Providers Under Alternative Plan.
Section 3305.06 | Employee and Employer Contributions.
Section 3305.07 | Payment of Benefits to Electing Employee.
Section 3305.08 | Tax Exemption.
Section 3305.09 | Withholding Order to Pay Restitution for Sex Offense or Theft in Office.
Section 3305.10 | Consent of Spouse of Electing Employee Required Prior to Payment.
Section 3305.11 | Forfeiture of Retirement Benefits Under Rc 2929.192.
Section 3305.12 | Benefits Subject to Termination.
Section 3305.20 | Alternate Payee Entitled to Certain Information.
Section 3305.21 | Orders for Division of Marital or Separate Property.
Section 3305.22 | Repayment or Recovery of Amounts Paid to Alternate Payee.