742-20-01 Withholding limits on recovery of funds.

(A) With the exception of the recovery of erroneous payments to alternate payees, which is covered by section 742.64 of the Revised Code, if a person who is a member, former member, contributor, former contributor, retirant, or beneficiary is paid any benefit or payment by Ohio police and fire pension fund (OP&F) to which the person is not entitled, the benefits shall be repaid to OP&F by the person and/or the person’s estate. If the person or estate fails to make such repayment, OP&F shall withhold the amount due from any payment due the person or estate under this chapter or may collect the amount in any other manner provided by law.

(B) Any withholding shall not exceed fifty per cent of the payment due such person.

(C) This rule is in addition to the payment provisions outlined in rule 742-3-08, 742-3-20 or 742-7-09 of the Administrative Code.

Effective: 08/28/2008

R.C. 119.032 review dates: 06/11/2008 and 08/28/2013

Promulgated Under: 111.15

Statutory Authority: 742.10

Rule Amplifies: 742.10

Prior Effective Dates: 10/13/2005