Lawriter - OAC - 145-1-70 Waiver of spousal consent.

145-1-70 Waiver of spousal consent.

(A) The public employees retirement board may waive the requirement of spousal consent upon receipt of one of the following:

(1) A written statement of the spouse's physician certifying that the spouse is medically incapable of consent;

(2) The affidavits of the contributor and at least two other persons, one of whom must be unrelated to the contributor, attesting that currently and during the year prior to the contributor's application for benefits the whereabouts of the spouse are unknown.

(3) A court order or 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 requiring the contributor to designate the maximum amount payable to a joint and survivor beneficiary or beneficiaries.

(B) The affidavits described in paragraph (A)(2) of this rule shall be on forms approved by the board.



Five Year Review (FYR) Dates: 09/29/2015 and 09/29/2020
Promulgated Under: 111.15
Statutory Authority: 145.09, 145.46
Rule Amplifies: 145.32, 145.33, 145.331, 145.332, 145.37, 145.384, 145.40, 145.46 , 145.63, 145.64
Prior Effective Dates: 8/6/90, 2/1/93, 9/27/98, 11/2/00, 4/5/01, 1/1/03, 1/1/06, 10/27/06 (Emer.), 4/6/07 (Emer.), 7/1/07, 1/1/11, 1/7/13 (Emer.), 3/24/13

Prior History: (Effective: 03/24/2013
R.C. 119.032 review dates: 09/29/2015
Promulgated Under: 111.15
Statutory Authority: 145.09, 145.46
Rule Amplifies: 145.32, 145.33, 145.331, 145.332, 145.37, 145.384, 145.40, 145.46, 145.63, 145.64
Prior Effective Dates: 8/6/90, 2/1/93, 9/27/98, 11/2/00, 4/5/01, 1/1/03, 1/1/06, 10/27/06 (Emer.), 4/6/07 (Emer.), 7/1/07, 1/1/11, 1/7/13 (Emer))