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, 2014, OP&F will accept either the form prescribed by the appendix under the prior version of this rule that was effective on January 1, 2010, or the form prescribed by the appendix to this rule. From and after June 30, 2014, 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.

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Effective: 01/01/2014
R.C. 119.032 review dates: 01/01/2018
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, 01/01/2010

742-21-02 Information to be released pursuant to court order issued under section 3105.87 of the Revised Code.

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, Ohio police and fire pension fund ("OP& F") shall provide the following information about the member:

(A) Status with OP& F;

(B) Contribution history;

(C) Service credit history;

(D) If receiving a periodic benefit from OP& F, the gross monthly amount of the member's benefit;

(E) If the member is participating in, or has participated in, the deferred retirement option plan under section 742.43 of the Revised Code, the amounts accrued to the member's benefit pursuant to section 742.443 of the Revised Code; and

(F) Date of entry into OP& F and, if applicable, the member's effective date of retirement.

Replaces: 742-21-02

Effective: 09/28/2014
Five Year Review (FYR) Dates: 09/28/2019
Promulgated Under: 111.15
Statutory Authority: 742.10
Rule Amplifies: 3105.87
Prior Effective Dates: 7/19/2004

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