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Ohio Laws and Rules
Chapter 742-21 Division of Property Orders
742-21-01
Form of division of property orders.
(A) The division of property orders to be used by the courts for orders described in section 3105.81 of the Revised Code shall be made on the form prescribed by the appendix to this rule, which form has been created by the state retirement systems, the Ohio state bar association and the Ohio domestic relations judges association. For division of property orders received by Ohio police and fire pension fund ("OP&F") prior to June 30, 2010, OP&F will accept either the form prescribed by the appendix under the prior version of this rule that was effective on August 21, 2003, or the form prescribed by the appendix to this rule. From and after June 30, 2010, OP&F will only accept the division of property order in the form prescribed by the appendix to this rule.
(B) Subsequent to the time Ohio police and fire pension fund (OP&F) receives a division of property order, an alternate payee shall provide information required on the form prescribed by the appendix to this rule. An alternate payee shall notify OP&F in writing of any change in the required information contained in the form.
Appendix
DIVISION OF PROPERTY ORDER
See Appendix at
http://www.registerofohio.state.oh.us/pdfs/742/0/21/742-21-01_FF_A_APP2_20091222_0806.pdf
Effective: 01/01/2010
R.C.
119.032 review dates: 09/24/2009
and 01/01/2015
Promulgated Under:
111.15
Statutory
Authority: 742.10
Rule Amplifies:
742.462,
3105.81,
3105.90
Prior
Effective Dates: 1/1/02 (Emer.), 03/24/02, 08/21/2003
For purposes of complying with an order issued pursuant to section 3105.87 of the Revised Code that does not specifically reference the information to be disclosed from a member's personal history record necessary to determine the amounts described in division (D) of section 3105.82 of the Revised Code, Ohio police and fire pension fund ("OP&F") shall provide the following information to the court and the parties:
(A) If the member's status is active:
(1) A statement that the member is active and, as such, is not receiving a benefit from OP&F;
(2) For purposes of calculating the numerator in division (D)(2)(a) of section 3105.82 of the Revised Code, the number of years during which the member was both married to the alternate payee and a member of a public retirement program, as such term is defined in division (F) of section 3105.80 of the Revised Code. If the date of marriage and date of divorce, dissolution, or legal separation are not provided in the order, OP&F shall provide the member's date of entry into OP&F and the amount of service credit that was contributed by the member in another public retirement system during the time in which the member was married to the alternate payee, to the extent the member has a record of purchasing or transferring such credit;
(3) For purposes of calculating the denominator in division (D)(2)(b) of section 3105.82 of the Revised Code, a statement that a public retirement program shall determine the member's total years of service program at the time the member elects to take a benefit or payment from such retirement program.
(B) If the member is receiving a benefit:
(1) The gross monthly amount of the benefit the member is receiving as of the date stated in the response;
(2) For purposes of calculating the numerator in division (D)(2)(a) of section 3105.82 of the Revised Code, the number of years during which the member was married to the alternate payee and a member of a public retirement program, as such term is defined in division (F) of section 3105.80 of the Revised Code. If the date of marriage and date of divorce, dissolution, or legal separation are not provided in the order, OP&F shall provide the member's date of entry into OP&F and the member's effective date of retirement, as well as the amount of service credit that was contributed by the member in another public retirement system during the time in which the member was married to the alternate payee, to the extent the member has such credit;
(3) For purposes of calculating the denominator in division (D)(2)(b) of section 3105.82 of the Revised Code, the member's total years of service credit, including any service credit transferred into OP&F or purchased by the member.
Eff. 7-19-04
Rule promulgated under: RC
111.15
Rule authorized
by: RC 742.10
Rule amplifies:
RC 742.41
R.C.
119.032 review dates: 09/24/2009
and 07/27/2014
742-21-03
Administration of method of payment section of approved division of property order format.
(A) As used in this rule, "the approved DPO format" shall mean the Division of Property Order form required by sections 3105.82 and 3105.90 of the Revised Code and adopted by OP&F in rule 742-21-01 of this Code.
(B) For purposes of administering the method of payment section of the approved DPO format, "a plan of payment that consists of either periodic benefits or a lump sum payment" shall apply to all of the following OP&F benefits or payments: age and service retirement benefit, disability monthly benefit, account refund, and reemployed retiree monthly annuity or lump sum refund.
(C) For purposes of administering the method of payment section of the approved DPO format, "a plan of payment consisting of both a lump sum benefit and a periodic benefit" shall apply to distributions from the Deferred Retirement Option Plan ("DROP").
(D) Partial distributions from DROP, as outlined in paragraph (A)(1) of rule 742-4-16 of this Code, shall be considered lump sum payments for purposes of administering the DPO method of payment.
R.C.
119.032 review dates:
04/14/2011 and
02/16/2016
Promulgated
Under: 111.15
Statutory
Authority: 742.10
Rule Amplifies:
742.462
Prior Effective
Dates: 4/16/2006