Ohio Admin. Code 3307:1-5-03 - Court orders
(A) All retirants subject to division
(H)(1)(b) of section 3307.60 of the Revised Code
shall indicate such requirement on their
his or her
applications
application for service retirement benefits
filed with
submitted
to the state teachers retirement
system and shall provide a copy of the court order or court orders when making
application for benefits pursuant to section
3307.57,
3307.58 or
3307.59 of the Revised Code.
(1) The state
teachers retirement system in its sole discretion shall determine
whether a retirant elects a plan of payment on the application for service
retirement benefits that complies with any court orders.
(2) The state
teachers retirement system may request the retirant to provide
additional court orders or other information, as determined solely by the
state teachers retirement system, to
clarify the plan of payment that the retirant is required to elect.
(a) The state
teachers retirement system shall not commence payment of retirement
benefits until it receives the requested additional court orders or other
information.
(b) If the
state teachers retirement system does not
receive the requested additional court orders or other information within
twelve months of the date of the initial request, the retirant's application
for service retirement benefits shall be cancelled.
(B) At any time, before or after
monthly benefits begin, a former spouse may waive his or her rights to any part
of a lump-sum payment paid before or after the member's death or any portion of
a continuing benefit payable after the retirant's death as required by a court
order issued under section
3105.171 or
3105.65 of the Revised Code or
the laws of another state regarding division of marital property. Such waiver
shall be effective upon receipt of a notarized statement
prepared
approved by the state
teachers retirement system and signed by the affected former spouse.
Such waiver shall be a full discharge and release to the board
and system from any future claim for such
payment.
(C) For purposes of
determining the priority of court orders issued under section
3105.171 or
3105.65 of the Revised Code or
the laws of another state regarding the division of marital property that
require a member to elect the plan of payment set forth in division (A)(4) of
section 3307.60 of the Revised Code and
designate a former spouse as a beneficiary, the state teachers retirement system shall process such
court orders in the order in which they were filed with the clerk of
courts.
Notes
Promulgated Under: 111.15
Statutory Authority: 3307.04
Rule Amplifies: 3307.60
Prior Effective Dates: 10/27/2006, 06/11/2010
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