742-21-02 Information to be released from member's personal history record upon receipt of court order issued pursuant to 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 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