Ohio Revised Code
Chapter 5505 | Highway Patrol Retirement System
Section 5505.261 | Order for Division of Marital Property.

Effective: January 1, 2016
Latest Legislation: House Bill 64 - 131st General Assembly
(A) As used in this section, "alternate payee," "benefit," "lump sum payment," "participant," and "public retirement program" have the same meanings as in section 3105.80 of the Revised Code.
(B) On receipt of an order issued under section 3105.171 or 3105.65 of the Revised Code, the state highway patrol retirement system shall determine whether the order meets the requirements of sections 3105.80 to 3105.90 of the Revised Code. The system shall retain in the participant's record an order the system determines meets the requirements. Not later than sixty days after receipt, the system shall return to the court that issued the order any order the system determines does not meet the requirements.
(C) The system shall comply with an order retained under division (B) of this section at either of the following times as appropriate:
(1) If the participant has applied for or is receiving a benefit or has applied for but not yet received a lump sum payment, as soon as practicable;
(2) If the participant has not applied for a benefit or lump sum payment, on application by the participant for a benefit or lump sum payment.
(D) If the system transfers a participant's service credit or contributions made by or on behalf of a participant to a public retirement program that is not named in the order, the system shall do both of the following:
(1) Notify the court that issued the order by sending the court a copy of the order and the name and address of the public retirement program to which the transfer was made.
(2) Send a copy of the order to the public retirement program to which the transfer was made.
(E) If it receives a participant's service credit or contributions and a copy of an order as provided in division (D) of this section, the system shall administer the order as if it were the public retirement program named in the order.
(F) If a participant's benefit or lump sum payment is or will be subject to more than one order described in section 3105.81 of the Revised Code or to an order described in section 3105.81 of the Revised Code and a withholding order under section 3111.23 or 3113.21 of the Revised Code, the system shall, after determining that the amounts that are or will be withheld will cause the benefit or lump sum payment to fall below the limits described in section 3105.85 of the Revised Code, do all of the following:
(1) Establish, in accordance with division (G) of this section and subject to the limits described in section 3105.85 of the Revised Code, the priority in which the orders are or will be paid by the retirement system in accordance with division (G) of this section;
(2) Reduce the amount paid to an alternate payee based on the priority established under division (F)(1) of this section;
(3) Notify, by regular mail, a participant and alternate payee of any action taken under this division.
(G) A withholding or deduction notice issued under section 3111.23 or 3113.21 of the Revised Code or an order described in section 3115.501 of the Revised Code has priority over all other orders and shall be complied with in accordance with child support enforcement laws. All other orders are entitled to priority in order of earliest retention by the system. The system is not to retain an order that provides for the division of property unless the order is filed in a court with jurisdiction in this state.
(H) The system is not liable in civil damages for loss resulting from any action or failure to act in compliance with this section.

Structure Ohio Revised Code

Ohio Revised Code

Title 55 | Roads-Highways-Bridges

Chapter 5505 | Highway Patrol Retirement System

Section 5505.01 | Highway Patrol Retirement System Definitions.

Section 5505.02 | State Highway Patrol Pension Fund Established - Membership Mandatory.

Section 5505.03 | Creation of Funds.

Section 5505.04 | State Highway Patrol Retirement Board Organization and Rules.

Section 5505.041 | Election to Board - Retirant Member Eligibility - Terms.

Section 5505.042 | Filing of Vacancies by Election.

Section 5505.043 | Election Not Required Where Candidate Unopposed.

Section 5505.044 | Candidate Campaign Finance Statements - Donor Statement of Independent Expenditures.

Section 5505.045 | Filing of Statements - Prohibited Campaign Activities.

Section 5505.046 | Complaint Alleging Violation of Rc 5505.045 - Procedure - Fine.

Section 5505.047 | Adoption of Election Rules - Certification of Nominating Petitions and Election Results.

Section 5505.048 | Disqualification of Convicted Member - Misconduct in Office - Removal Procedure.

Section 5505.049 | Members With Excessive Travel Expenses Ineligible for Another Term.

Section 5505.05 | Oath - Expenses - Liability Insurance.

Section 5505.06 | Investment and Fiduciary Duties of State Highway Patrol Retirement Board.

Section 5505.061 | Transactions Prohibited.

Section 5505.062 | Travel Expense Policies - Bonus Policy - Budget.

Section 5505.063 | Ethics Policy - Commission Approval - Ethics Training.

Section 5505.064 | Orientation Program Required for New Members - Continuing Education.

Section 5505.065 | Chief Investment Officer - Supervision Duties - Monitoring of Securities Transactions.

Section 5505.068 | Designation of Ohio-Qualified Agents - Selection Policy - Utilization - Annual Report.

Section 5505.069 | Annual Disclosures to Ohio Ethics Commission.

Section 5505.0610 | Designation of Ohio-Qualified Investment Managers - Utilization - Annual Report.

Section 5505.07 | Secretary, Actuary, and Employees - Compensation and Expenses.

Section 5505.08 | No Participation by Trustees.

Section 5505.09 | Bonds of Taxing Districts May Be Offered to Board.

Section 5505.10 | Deposit and Security.

Section 5505.11 | Treasurer of State Is Treasurer of State Highway Patrol Retirement System.

Section 5505.111 | Selection of Internal Auditor.

Section 5505.112 | Actions Against Highway Patrol Retirement System, the Board, Its Officers, Employees, or Board Members; Venue.

Section 5505.12 | Actuarial Valuation of Pension Assets, Liabilities, and Funding Requirements of State Highway Patrol Retirement System.

Section 5505.121 | Amortizing State Highway Patrol Retirement System's Unfunded Actuarial Accrued Pension Liabilities.

Section 5505.122 | Format for Report to Retirement Study Council.

Section 5505.14 | Certificate of Prior Service.

Section 5505.15 | Employer Contribution.

Section 5505.151 | Contributions for Time Off While on Disability Leave.

Section 5505.152 | Annual Review of Adequacy of Contributions Rates.

Section 5505.16 | Application for Retirement.

Section 5505.161 | Retirant Re-Employed in Other State Retirement System.

Section 5505.162 | Election of Type of Pension.

Section 5505.163 | Election by Retirant Prior to 9-21-94.

Section 5505.17 | Pension and Benefits Upon Retirement.

Section 5505.171 | Additional Monthly Payments and Benefits.

Section 5505.172 | Additional Monthly Payments Eligibility on or After 7-1-68 and Prior to 7-1-71.

Section 5505.173 | Increase in Monthly Pension, Allowance or Benefit Effective 7-1-81.

Section 5505.174 | Eligibility for Cost-of-Living Increase.

Section 5505.175 | Increase in Benefit or Allowance When Irc 415 Limits Increased.

Section 5505.176 | Increase in Pension for Certain Retirees Prior to 9-16-98.

Section 5505.177 | Qualified Governmental Excess Benefit Arrangement Maintained and Established.

Section 5505.178 | Pensions Paid in Equal Monthly Installments.

Section 5505.18 | Disability Retirement.

Section 5505.181 | Annual Report Disability Retirement Experience of Each Employer.

Section 5505.19 | Cessation of Membership - Disposition of Accumulations.

Section 5505.20 | Restoration of Membership.

Section 5505.201 | Full Credit for Time Served as Police Officer or Firefighter.

Section 5505.203 | Payroll Deduction Plan for Payments for Service Credits.

Section 5505.21 | Distribution of Accumulated Contributions When No Pension Payable.

Section 5505.22 | Pension and Accumulated Contributions Exempt From Tax.

Section 5505.23 | Legal Adviser.

Section 5505.25 | Purchase Service Credit for Military Service.

Section 5505.26 | Restitution Order Based on Theft in Office or Certain Sex Offenses.

Section 5505.261 | Order for Division of Marital Property.

Section 5505.262 | Forfeiture of Retirement Benefits Under Rc 2929.192.

Section 5505.263 | Benefits Subject to Termination.

Section 5505.27 | Payments From State Treasury.

Section 5505.28 | Health Insurance.

Section 5505.281 | Additional Deposits to Fund Medical Expenses.

Section 5505.29 | Refunding Cost of Restored Service Credit.

Section 5505.30 | Lump Sum Death Benefit Payment.

Section 5505.33 | Long-Term Care Insurance Programs.

Section 5505.34 | Recovering Erroneous Payments.

Section 5505.35 | Authorized Deductions.

Section 5505.40 | Full Credit for Service Credit Earned for Full-Time Service as Member of Non-Uniform System.

Section 5505.401 | Transfers of Service Credit and Contributions Between System and Cincinnati Retirement System.

Section 5505.402 | Eligibility for Credit for Service in Cincinnati Retirement System.

Section 5505.403 | Transferring Contributions to Cincinnati Retirement System.

Section 5505.41 | Transferring Contributions on Deposit From Non-Uniform Retirement System.

Section 5505.50 | Deferred Retirement Option Plan.

Section 5505.51 | Participation in Deferred Retirement Plan - Election Procedure.

Section 5505.52 | Plan Members Ineligible for Service Credit or Health Benefits.

Section 5505.53 | Determination of Plan Member's Pension Amount.

Section 5505.54 | Accrual of Plan Member's Pension and Contributions.

Section 5505.55 | Events Terminating Member's Participation in Plan.

Section 5505.56 | Notice of Termination of Active Service - Distribution of Accrued Amount.

Section 5505.57 | Method and Timing of Distribution of Accrued Amount.

Section 5505.58 | Plan Member Qualifying for Disability Retirement.

Section 5505.59 | Plan Member Dying While Participant - Distribution of Benefits.

Section 5505.99 | Penalty.