Ohio Revised Code
Chapter 4113 | Miscellaneous Labor Provisions
Section 4113.75 | Automatic Contributions to Employee Retirement Plan.

Effective: March 23, 2015
Latest Legislation: Senate Bill 42 - 130th General Assembly
(A) As used in this section:
(1) "Employee" and "employer" have the same meanings as in section 4113.51 of the Revised Code except that "employer" does not include the state, any municipal corporation, county, township, school district, or other political subdivision, or any agency or instrumentality of any of those entities.
(2) "Employee retirement plan" means an employee retirement plan described in section 401(k) or 403(b) of the Internal Revenue Code or a payroll deduction individual retirement account plan described in section 408 or 408A of the Internal Revenue Code.
(3) "Internal Revenue Code" means the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1 et seq., as amended.
(B)(1) Notwithstanding section 4113.15 of the Revised Code, an employer may create and implement a program for automatically withholding a specified percentage of employees' wages to be contributed on behalf of the employees to an employee retirement plan. The program shall allow an employee to affirmatively elect not to participate in the program and not have wages withheld under the program.
(2) The employer shall provide each participating employee with all of the following:
(a) Notice of the percentage of the employee's wages that will be withheld and contributed on behalf of the employee to an employee retirement plan unless the employee affirmatively elects not to participate in the plan;
(b) At least one opportunity each calendar quarter to select investments for the employee's contributions between investment alternatives available under the plan;
(c) A description of every investment alternative available for employee investment direction under the plan;
(d) Notice of the default investment decisions that will be made in the absence of the employee's direction;
(e) A brief description of available procedures that allow an employee to change investments;
(f) A report, at least once a year, of the actual default investments made of contributions attributable to the employee.
(3) An employer that creates or implements a program described in division (B) of this section shall provide its participating employees with reasonable opportunities to affirmatively elect not to participate in the program and not have wages withheld under the program. An affirmative election not to participate in a program shall be effective as soon after the employer receives the election as is administratively feasible.

Structure Ohio Revised Code

Ohio Revised Code

Title 41 | Labor and Industry

Chapter 4113 | Miscellaneous Labor Provisions

Section 4113.01 | Hours Constituting a Day's Work.

Section 4113.02 | Contract Provisions Void.

Section 4113.03 | Fellow Servant Rule Not Applicable.

Section 4113.04 | Prima-Facie Evidence.

Section 4113.05 | Certain Defenses Not Available.

Section 4113.06 | Negligence of Employer.

Section 4113.07 | Contributory Negligence.

Section 4113.08 | Minors.

Section 4113.09 | Insurance Provision.

Section 4113.10 | Conducting Child to Juvenile Court.

Section 4113.15 | Semimonthly Payment of Wages.

Section 4113.16 | No Exemption by Special Provisions - Assignment of Future Wages Invalid - Exception.

Section 4113.17 | Sale of Certain Merchandise to Employees Prohibited.

Section 4113.18 | Compelling Employee to Purchase at Certain Places.

Section 4113.19 | Payment in Scrip Prohibited at Higher Prices - Deductions From Wages Prohibited.

Section 4113.20 | Double Damages.

Section 4113.21 | Employee Shall Not Be Required to Pay Cost of Medical Examination.

Section 4113.22 | Duty of Prosecuting Attorney.

Section 4113.23 | Furnishing Medical Report to Employee.

Section 4113.30 | Enforcing Successor Clause in Collective Bargaining Agreement.

Section 4113.40 | Leave of Absence for Union Management Relations.

Section 4113.41 | Absence by Volunteer Firefighter or Emergency Medical Services Provider.

Section 4113.51 | Whistleblower's Protection Definitions.

Section 4113.512 | Reports From Employees Providing Health Care or Supervising Provision of Health Care.

Section 4113.52 | Reporting Violation of Law by Employer or Fellow Employee.

Section 4113.53 | Effect of Collective Bargaining Agreement, Confidentiality Requirements.

Section 4113.61 | Time Limitations for Payments to Subcontractors and Materialmen.

Section 4113.62 | Construction Contract Provisions Against Public Policy.

Section 4113.71 | Immunity of Employer as to Job Performance Information Disclosures.

Section 4113.75 | Automatic Contributions to Employee Retirement Plan.

Section 4113.81 | Collective Bargaining.

Section 4113.85 | Matters Subject to Employer Policy.

Section 4113.99 | Penalty.