Effective: October 27, 2006
Latest Legislation: House Bill 98 - 125th General Assembly
If a member participating in a plan established under section 3309.81 of the Revised Code is married at the time benefits under the plan are to commence, before making any payment the school employees retirement system, or the entity administering the plan pursuant to a contract with the school employees retirement board, shall obtain the consent of the member's spouse to the form of payment selected by the member, unless the spouse's consent is waived under this section.
A plan established under section 3309.81 of the Revised Code shall include requirements for consent under this section that are the same as the requirements specified in section 417(a)(2) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 417(a)(2), as amended. A plan may waive consent if the spouse cannot be located or for any other reason specified in the regulations adopted under that section.
A plan shall waive the requirement of consent if a plan of payment that provides for payment in a specified portion of the retirement allowance continuing after the member's death to a former spouse is required by a court order issued under section 3105.171 or 3105.65 of the Revised Code or laws of another state regarding division of marital property prior to the effective date of the member's retirement. If a court order requires this plan of payment, the member shall be required to annuitize the member's accumulated amounts in accordance with the order. If the member is married, the plan of payment selected by the member also shall provide for payment to the member's current spouse, unless the current spouse consents in writing to not being designated a beneficiary under the plan of payment or the current spouse's consent is waived by reason other than the court order.
Consent or waiver is effective only with regard to the spouse who is the subject of the consent or waiver.
Structure Ohio Revised Code
Title 33 | Education-Libraries
Chapter 3309 | Public School Employees Retirement System
Section 3309.01 | Public School Employees Retirement System Definitions.
Section 3309.011 | Exclusions From Definition of Employee.
Section 3309.012 | Board Member to Elect Whether to Become Member of System.
Section 3309.013 | Exclusions From Definition of Employee Under Orc Section 3309.01.
Section 3309.02 | Credit for Military Service.
Section 3309.021 | Purchasing Military Service Credit.
Section 3309.022 | Purchasing Uniformed Services Credit.
Section 3309.03 | School Employees Retirement System - Board.
Section 3309.031 | System Consists of Plans Established by Chapter.
Section 3309.04 | General Administration and Management Vested in Board.
Section 3309.041 | Travel Expense Policies - Bonus Policy - Budget.
Section 3309.042 | Ethics Policy - Commission Approval - Ethics Training.
Section 3309.044 | Selection of Internal Auditor.
Section 3309.05 | Board Membership.
Section 3309.051 | Orientation Program Required for New Members - Continuing Education.
Section 3309.052 | Members With Excessive Travel Expenses Ineligible for Another Term.
Section 3309.06 | Board Elections.
Section 3309.061 | Disqualification of Convicted Member - Misconduct in Office - Removal Procedure.
Section 3309.07 | Electing Employee and Retirant Members.
Section 3309.071 | Board Elections.
Section 3309.073 | Filing of Statements - Prohibited Campaign Activities.
Section 3309.074 | Complaint Alleging Violation of Rc 3309.073 - Procedure - Fine.
Section 3309.08 | Oath of Office.
Section 3309.10 | Service on Board; Reimbursement for Employer; Expenses; Liability Insurance.
Section 3309.11 | Officers - Executive Director.
Section 3309.12 | Treasurer of State Is Custodian of Funds.
Section 3309.13 | Legal Adviser.
Section 3309.14 | Technical and Administrative Employees - Retirement Applications.
Section 3309.15 | Investment and Fiduciary Duties of Board.
Section 3309.155 | Prohibited Business Transactions.
Section 3309.156 | Restrictions on Fiduciaries.
Section 3309.158 | Annual Disclosures to Ohio Ethics Commission.
Section 3309.159 | Designation of Ohio-Qualified Investment Managers - Utilization - Annual Report.
Section 3309.16 | Denomination or Consolidation of Bonds.
Section 3309.17 | Record of Proceedings Between Board and Taxing District.
Section 3309.18 | Interest Credited Annually.
Section 3309.19 | Trustee or Employee of Board Shall Have No Interest in Profits nor Borrow Funds.
Section 3309.20 | Maintenance of Individual Account.
Section 3309.21 | Actuarial Valuation of Pension Assets, Liabilities, and Funding Requirements.
Section 3309.211 | Amortizing Unfunded Actuarial Accrued Pension Liability.
Section 3309.22 | Annual Statement of Funds.
Section 3309.23 | Contributors to School Employees Retirement System.
Section 3309.25 | Information to New Employees.
Section 3309.251 | Electing Defined Benefit or Defined Contribution Plan.
Section 3309.253 | Effect of Electing Defined Contribution Plan.
Section 3309.26 | Restoring Service Credit.
Section 3309.261 | Payroll Deduction Plans - Restoring Pers or Sters Credit.
Section 3309.262 | Proceedings on Request for Restoration of Service Credit.
Section 3309.27 | Payroll Deduction Plans.
Section 3309.28 | Statement to Be Filed by Employee Member.
Section 3309.29 | Verifying Termination of Active Service.
Section 3309.30 | Service Credit.
Section 3309.301 | Purchase of Service Credit for Period of Self-Exemption.
Section 3309.31 | Credit for Prior Service - Comparable Public Position.
Section 3309.311 | Purchasing Credit for Service as School Board Member.
Section 3309.32 | Prior Service Credit.
Section 3309.33 | Retirement Incentive Plan.
Section 3309.34 | Eligibility for Service Retirement.
Section 3309.341 | Employment of Retirant.
Section 3309.343 | Continuing Contributions to State System After Retirement.
Section 3309.344 | Retirant May Apply for Monthly Annuity or Lump Sum Payment.
Section 3309.35 | Coordinating and Integrating Membership in State Retirement Systems.
Section 3309.353 | Increase in Benefits Established Prior to 2/1/1983.
Section 3309.354 | Increase in Benefits Where Eligibility Established Prior to 9-9-88.
Section 3309.36 | Allowances for Service Retirement.
Section 3309.361 | Annual Lifetime Benefit.
Section 3309.362 | Increase in Annual Amount of Benefit Effective 7-1-81.
Section 3309.374 | Cost of Living Increase.
Section 3309.375 | Benefits Equivalent to Medicare.
Section 3309.376 | Additional Monthly Payment as of 12-31-71.
Section 3309.377 | Additional Monthly Payment Where Member Died Prior to 7-1-68.
Section 3309.378 | Additional Monthly Payment as of 12-19-73.
Section 3309.379 | Recalculating Benefits.
Section 3309.3710 | Increase in Monthly Allowance, Pension or Benefit Effective 7-1-81.
Section 3309.3711 | Increasing Pension, Benefit, or Allowance When Limits of 26 Usc 415 Are Raised.
Section 3309.3712 | Establishing and Maintaining Qualified Governmental Excess Benefit Arrangement.
Section 3309.381 | Disability Allowance Recipient Applying for Service Retirement.
Section 3309.39 | Providing Disability Coverage for On-Duty Illness or Injury.
Section 3309.391 | Annual Report Disability Retirement Experience of Each Employer.
Section 3309.392 | Social Security Disability Insurance Benefits.
Section 3309.40 | Benefits Upon Disability Retirement.
Section 3309.401 | Annual Amount of Disability Allowance.
Section 3309.41 | Disability Benefit Recipient to Retain Membership Status.
Section 3309.42 | Payment to Member Who Ceases to Be a Public Employee.
Section 3309.43 | Payments to Members Who Are Members of Another State Retirement System.
Section 3309.44 | Designation or Qualification of Beneficiaries.
Section 3309.45 | Beneficiary May Substitute Other Benefits.
Section 3309.451 | Service Credit Purchased Upon Death of Member.
Section 3309.46 | Electing a Plan of Payment.
Section 3309.47 | Contribution of Contributor.
Section 3309.471 | Contributions During Disability Leave.
Section 3309.472 | Purchasing Service Credit for Time Spent on Pregnancy.
Section 3309.473 | Purchasing Service Credit for Time Spent on Pregnancy or Adoption.
Section 3309.474 | Purchase of Service Credits for Leaves of Absence.
Section 3309.48 | Employer Failing to Deduct Employee Contribution.
Section 3309.49 | Employer Contribution.
Section 3309.491 | Employer Minimum Compensation Contribution.
Section 3309.50 | Payment of Death Benefit.
Section 3309.51 | Payment Into Employers' Trust Fund.
Section 3309.53 | Written Statement to Employee of Duties and Obligations.
Section 3309.55 | Notifying Board of Personnel Changes.
Section 3309.56 | Deductions; Report.
Section 3309.57 | Transmission of Contributions.
Section 3309.59 | Levying Additional Taxes.
Section 3309.60 | Creation of Funds - Trustees.
Section 3309.61 | Each Fund Is Separate Legal Entity.
Section 3309.62 | Estimating Expenses Annually.
Section 3309.64 | Payment of Accrued Liability - Interest - Rate.
Section 3309.65 | Procedure for Transfer of Moneys and Securities in Event of Merger.
Section 3309.66 | Tax Exemptions.
Section 3309.661 | Acquiring Vested Right in Pension When Granted.
Section 3309.662 | Waiver of Rights.
Section 3309.663 | Payroll Deduction of Membership Dues and Fees of Retiree Organizations.
Section 3309.67 | Restitution Order Based on Theft in Office or Certain Sex Offenses.
Section 3309.671 | Order for Division of Marital Property.
Section 3309.672 | Forfeiture of Retirement Benefits Under Rc 2929.192.
Section 3309.673 | Benefits Subject to Termination.
Section 3309.68 | Payment of Amounts Due Retirement System From Treasury.
Section 3309.69 | Group Health Care Coverage for Eligible Individuals or Dependents.
Section 3309.691 | Establishing Programs for Long Term Health Care Insurance.
Section 3309.692 | Additional Deposits to Fund Medical Expenses.
Section 3309.70 | Recovering Erroneous Payments.
Section 3309.73 | Credit for Service in Uniform Retirement System.
Section 3309.731 | Transferred Service Credit From Uniform Retirement System.
Section 3309.75 | Eligibility for Credit for Service in Cincinnati Retirement System.
Section 3309.76 | Transferring Contributions to Cincinnati Retirement System.
Section 3309.80 | Rules for Defined Contribution Plans.
Section 3309.81 | Establishment and Administration of Defined Contribution Plan.
Section 3309.811 | Qualification of Plan as Governmental Plan for Federal Tax Purposes.
Section 3309.813 | Maintaining Individual Account for Each Participant.
Section 3309.82 | Application of Chapter to Defined Contribution Plan.
Section 3309.85 | Contributions of Members.
Section 3309.86 | Contributions of Employers.
Section 3309.87 | Deposit and Crediting of Contributions.
Section 3309.91 | Member Rights Governed by Plan Selected.
Section 3309.92 | Spousal Consent or Waiver.
Section 3309.95 | Right to Payment or Benefit Vested.
Section 3309.97 | Deposits of Members.