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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

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Section 5101.01 | Referring to department or director of public welfare or human services; references to county department of job and family services; references to board of county commissioners.

...(A) As used in the Revised Code, the "department of public welfare" and the "department of human services" mean the department of job and family services and the "director of public welfare" and the "director of human services" mean the director of job and family services. Except as provided in section 5160.011 of the Revised Code, whenever the department or director of public welfare or the department or direc...

Section 5101.02 | Authority of director of job and family services.

...The director of job and family services is the executive head of the department of job and family services. All duties conferred on the various work units of the department by law or by order of the director shall be performed under such rules as the director prescribes, and shall be under the director's control.

Section 5101.03 | Assistant directors - powers and duties.

...The assistant directors of the department of job and family services shall exercise the powers and perform the duties which the director of job and family services may order. The director is authorized to designate which assistant director shall act as director in the absence or disability of the director or in case of a vacancy in the position of director.

Section 5101.04 | Contract with commercial consumer reporting agency.

...(A) Notwithstanding any provision of law or regulation to the contrary, in order to improve the timeliness of public assistance benefit deliveries, to maximize operational efficiencies, increase cost savings, and minimize fraud, the department of job and family services may contract with a third-party commercial consumer reporting agency, in accordance with the "Fair Credit Reporting Act," 15 U.S.C. 1681 et seq., for...

Section 5101.041 | Data matching agreements.

...(A) The director of job and family services shall enter into the following data matching agreements: (1) An agreement with the department of rehabilitation and correction, under which the director of rehabilitation and correction is required to provide the director of job and family services with a searchable list, updated weekly, identifying all persons committed to the several institutions governed by the departm...

Section 5101.042 | Public assistance benefits systems update.

...(A) As used in this section, "public assistance benefits" means all of the following: (1) Supplemental nutrition assistance program benefits; (2) Benefits funded in part by the temporary assistance for needy families block grant; (3) Cash assistance provided through the Ohio works first program; (4) Benefits provided by the medicaid program; (5) Publicly funded child care as defined in section 5104.01 of th...

Section 5101.05 | Appointing employees.

...The director of job and family services may appoint such employees as are necessary for the efficient operation of the department of job and family services. The director may prescribe the title and duties of the employees.

Section 5101.051 | Filling positions with peculiar and exceptional qualifications.

...If the director of job and family services determines that a position with the department of job and family services can best be filled in accordance with division (A)(2) of section 124.30 of the Revised Code or without regard to a residency requirement established by a rule adopted by the director of administrative services, the director of job and family services shall provide the director of administrative service...

Section 5101.06 | Establishing work units.

...The director of job and family services may establish work units within the department of job and family services as necessary for the efficient operation of the department. The director shall appoint the chief of each work unit.

Section 5101.061 | Office of human services innovation.

... office's operations. The department of education and workforce, chancellor of higher education, and director of the governor's office of workforce transformation shall assist the director of job and family services with leadership and organizational support for the office. (B) Not later than January 1, 2015, the office shall submit to the governor recommendations for all of the following: (1) Coordinating serv...

Section 5101.07 | Support services federal operating fund.

...There is hereby created in the state treasury the support services federal operating fund. The fund shall consist of federal funds the department of job and family services receives and that the director of job and family services determines are appropriate for deposit into the fund. Money in the fund shall be used to pay the federal share of both of the following: (A) The department's costs for computer projects; ...

Section 5101.071 | Support services state operating fund.

...There is hereby created in the state treasury the support services state operating fund. The fund shall consist of payments made to the fund from other appropriation items by intrastate transfer voucher. Money in the fund shall be used to pay for both of the following: (A) The department of job and family services' costs for computer projects; (B) The operating costs of the parts of the department that provide gene...

Section 5101.072 | Human services projects fund.

...There is hereby created in the state treasury the human services projects fund. The fund may consist of intrastate agency transfers, nonfederal grants, and other similar revenue sources. The department of job and family services shall use the fund to support program and administrative expenses related to the implementation of human services initiatives within the department.

Section 5101.073 | ODJFS general services administration and operating fund.

...There is hereby created in the state treasury the ODJFS audit settlements and contingency fund. The fund shall be used to pay for required audits, settlements, contingencies, and other related expenses. As necessary for the purposes of the fund, the director of job and family services may request the director of budget and management to transfer money from any of the funds used by the department of job and family ser...

Section 5101.074 | Disposition of refunds.

...If the department of job and family services receives money from a refund or reconciliation related to the medicaid program, the department shall transfer the money to the department of medicaid for deposit into the refunds and reconciliation fund created under section 5162.65 of the Revised Code.

Section 5101.08 | Fidelity bonds.

...The director of job and family services may require any of the employees of the department of job and family services who may be charged with custody or control of any public money or property or who is required to give bond, to give a bond, properly conditioned, in a sum to be fixed by the director which when approved by the director, shall be filed in the office of the secretary of state. The cost of such bonds, wh...

Section 5101.09 | Adopting rules.

...(A) When the director of job and family services or the director of children and youth is authorized by the Revised Code to adopt a rule, the director shall adopt the rule in accordance with the following: (1) Chapter 119. of the Revised Code if any of the following apply: (a) The rule concerns the administration or enforcement of Chapter 4141. of the Revised Code; (b) The rule concerns a program administere...

Section 5101.10 | Expending funds.

...The director of job and family services may expend funds appropriated or available to the department of job and family services from public or private entities, including other governmental agencies; public or private institutions, organizations, agencies, and corporations; and individuals. For purposes of this section, the director may enter into contracts or agreements with public and private entities and make gran...

Section 5101.101 | Order of priority for distribution of funds for family planning services.

...(A) This section establishes the order of priority to be followed by the department of job and family services when distributing funds for the purpose of providing family planning services, including funds the department receives through Title XX of the "Social Security Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended, and funds the department receives through Title IV-A of the "Social Security Act," 110 Stat. ...

Section 5101.11 | Seeking federal financial participation for costs incurred by entity implementing program administered by department.

...greement, which may be for a fixed or a continuing period of time; (6) Establish any other requirements determined by the applicable department to be necessary for the efficient administration of the agreement. (E) An entity that receives federal financial participation pursuant to this section for a program aiding children and their families shall establish a process for collaborative planning with the departm...

Section 5101.111 | Foundation grant fund.

...The foundation grant fund is hereby created in the state treasury. Money the department of job and family services or the department of children and youth receives from private foundations in support of pilot projects that promote exemplary programs for enhancing the health, safety, and well-being of children and families shall be credited to the fund. The applicable department may expend the money on such projects, ...

Section 5101.12 | Maximizing receipt of federal revenue.

...The department of job and family services or department of children and youth may enter into contracts to maximize federal revenue without the expenditure of state money. In selecting private entities with which to contract, the applicable department shall engage in a request for proposals process. The applicable department, subject to the approval of the controlling board, may also directly enter into contracts with...

Section 5101.161 | Public assistance fund.

...Prior to the sixteenth day of May annually, the department of job and family services shall certify to the board of county commissioners of each county the amount estimated by the department to be needed in the following state fiscal year to meet the county share, as determined under division (B) of section 5101.16 of the Revised Code, of public assistance expenditures. Each January, the board shall appropriate the a...

Section 5101.162 | Reimbursing county expenditures for county administration of food stamps or medicaid.

...Subject to available federal funds and appropriations made by the general assembly, the department of job and family services may, at its sole discretion, use available federal funds to reimburse county expenditures for county administration of the supplemental nutrition assistance program or medicaid (excluding administrative expenditures for transportation services covered by the medicaid program) even though...

Section 5101.163 | Increase in county share of public assistance expenditures.

...As used in this section, "maintenance of effort" means qualified state expenditures as defined in 42 U.S.C. 609(a)(7)(B)(i). The department of job and family services may increase a county's share of public assistance expenditures determined under division (B) of section 5101.16 of the Revised Code if the United States secretary of health and human services requires an increase in the state's maintenance of effort b...

Section 3309.66 | Tax exemptions.

...The right of an individual to a pension, an annuity, or a retirement allowance itself, the right of an individual to any optional benefit, any other right accrued or accruing to any individual under this chapter, the various funds created by section 3309.60 of the Revised Code, and all moneys, investments, and income from moneys and investments are exempt from any state tax, except the tax imposed by section 5747.02 ...

Section 3309.661 | Acquiring vested right in pension when granted.

...(A) Except as provided in section 3309.673 of the Revised Code, the granting of a retirement allowance, annuity, pension, or other benefit to any person pursuant to action of the school employees retirement board vests a right in such person, so long as the person remains the recipient of any of the funds established by section 3309.60 of the Revised Code, to receive such retirement allowance, annuity, pension, or be...

Section 3309.662 | Waiver of rights.

...(A) Any person who is receiving an allowance, benefit, or any increase under the provisions of this chapter may, at any time, waive his rights thereto, or to a portion thereof, by filing a written notice of waiver with the school employees retirement board. Except as provided in division (B) of this section, such waiver shall remain in effect until the first day of the month following his death or the filing of his w...

Section 3309.663 | Payroll deduction of membership dues and fees of retiree organizations.

...Any person receiving from the school employees retirement system an allowance, annuity, pension, or benefit may authorize the system to make deductions therefrom for the payment of dues and other membership fees to any retirement association or other organization composed primarily of retired public employees or retired public employees and their spouses if the association or organization adopts a resolution approvin...

Section 3309.67 | Restitution order based on theft in office or certain sex offenses.

...(A) Notwithstanding any other provision of this chapter, any payment that is to be made under a pension, annuity, allowance, or other type of benefit, other than a survivorship benefit, that has been granted to a person under this chapter, any payment of accumulated contributions standing to a person's credit under this chapter, and any payment of any other amounts to be paid to a person under this chapter upon the p...

Section 3309.671 | Order for division of marital property.

...(A) As used in this section, "alternate payee," "benefit," "lump sum payment," "participant," and "public retirement program" have the same meanings as in section 3105.80 of the Revised Code. (B) On receipt of an order issued under section 3105.171 or 3105.65 of the Revised Code, the school employees retirement system shall determine whether the order meets the requirements of sections 3105.80 to 3105.90 of the Revi...

Section 3309.672 | Forfeiture of retirement benefits under RC 2929.192.

...(A) Notwithstanding any other provision of this chapter, any payment of accumulated contributions standing to a person's credit under this chapter and any other amount or amounts to be paid to a person who is a contributor under this chapter upon the person's withdrawal of contributions pursuant to this chapter shall be subject to any forfeiture ordered under division (A) or (B) of section 2929.192 of the Revis...

Section 3309.673 | Benefits subject to termination.

...Notwithstanding any other provision of this chapter, a disability benefit granted under this chapter is subject to an order issued under section 2929.193 of the Revised Code. The school employees retirement board shall comply with the order. On receipt of notice under section 2901.43 of the Revised Code that a school employees retirement system member is charged with an offense listed in division (D) of secti...

Section 3309.68 | Payment of amounts due retirement system from treasury.

...All amounts due the school employees retirement system from the state treasury pursuant to this chapter shall be promptly paid upon warrant of the director of budget and management pursuant to a voucher approved by the director.

Section 3309.69 | Group health care coverage for eligible individuals or dependents.

...(A) The school employees retirement board may establish a program to provide medical, hospital, surgical, prescription, or other health care coverage, benefits, reimbursement, or any combination thereof, to eligible individuals or dependents. Any program established under this section shall be designed and administered by the board. In establishing a program, the board may do any of the following: (1) Enter ...

Section 3309.691 | Establishing programs for long term health care insurance.

...The school employees retirement board may establish a program under which members of the retirement system, employers on behalf of members, and persons receiving service, disability, or survivor benefits are permitted to participate in contracts for long-term health care insurance. Participation may include dependents and family members. If a participant in a contract for long-term care insurance leaves employment, t...

Section 3309.692 | Additional deposits to fund medical expenses.

...As used in this section, "SERS defined benefit plan" means the plan established under sections 3309.18 to 3309.70 of the Revised Code and "SERS defined contribution plan" means the plan established under section 3309.81 of the Revised Code. The SERS defined benefit plan or a SERS defined contribution plan may include a program under which a member participating in the plan or a member's employer is permitted to make...

Section 3309.70 | Recovering erroneous payments.

...If a person who is a member, former member, contributor, former contributor, retirant, beneficiary, or alternate payee, as defined in section 3105.80 of the Revised Code, is paid any benefit or payment by the school employees retirement system to which the person is not entitled, the benefit shall be repaid to the retirement system by the person. If the person fails to make the repayment, the retirement system shall ...

Section 3309.73 | Credit for service in uniform retirement system.

...(A) As used in this section and section 3309.731 of the Revised Code: (1) "Uniform retirement system" or "uniform system" means the Ohio police and fire pension fund or state highway patrol retirement system. (2) "Military service credit" means service credit purchased or obtained under this chapter or Chapter 742. or 5505. of the Revised Code for service in the armed forces of the United States. (B) A member of t...

Section 3309.731 | Transferred service credit from uniform retirement system.

...(A) As used in this section, "transferred service credit" means service credit purchased or obtained under section 742.21, 742.214, 742.375, 5505.201, 5505.40, or 5505.41 of the Revised Code prior to the date a member commenced the employment covered by the school employees retirement system for which the member is currently contributing to the system. (B) A member of the school employees retirement system who has c...

Section 3309.74 | Transferring service credit and contributions between SERS and Cincinnati retirement system.

...(A) As used in this section and sectoins 3309.75 and 3309.76 of the Revised Code, "military service credit" means credit purchased or obtained under the school employees retirement system or city of Cincinnati retirement system for service in the armed forces of the United States. (B) Service credit and contributions may be transferred between the school employees retirement system and the Cincinnati retirement sys...

Section 3309.75 | Eligibility for credit for service in Cincinnati retirement system.

...(A) If the conditions described in division (B) of section 3309.74 of the Revised Code are met, a member of the school employees retirement system who is not receiving a pension or benefit from the school employees retirement system is eligible to obtain credit for service as a member of the Cincinnati retirement system under this section. (B) A member of the school employees retirement system who has contributions ...

Section 3309.76 | Transferring contributions to Cincinnati retirement system.

...(A) If the conditions described in division (B) of section 3309.74 of the Revised Code are met and a person who is a member or former member of the school employees retirement system but not a current contributor and who is not receiving a pension or benefit from the school employees retirement system elects to receive credit under the Cincinnati retirement system for service for which the person contributed to the s...

Section 3309.80 | Rules for defined contribution plans.

...The school employees retirement board shall adopt rules to implement each plan established under section 3309.81 of the Revised Code.

Section 3309.81 | Establishment and administration of defined contribution plan.

...The school employees retirement board may establish one or more plans consisting of benefit options that provide for an individual account for each participating member and under which benefits are based solely on the amounts that have accumulated in the account. The plans may include options under which a member participating in a plan may receive definitely determinable benefits. Each plan established under...

Section 3309.811 | Qualification of plan as governmental plan for federal tax purposes.

...Each plan established under section 3309.81 of the Revised Code shall qualify as a governmental plan under section 414(d) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 414(d), as amended, and meet the requirements of section 401(a) of the "Internal Revenue Code of 1986," 26 U.S.C.A. 401(a), as amended, applicable to governmental plans.

Section 3309.812 | Qualification of plan as retirement system maintained by a state or local government entity for federal tax purposes.

...Each plan established under section 3309.81 of the Revised Code shall meet the requirements necessary to qualify as a retirement system maintained by a state or local government entity under section 3121(b)(7)(F) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 3121(b)(7)(F), as amended. Each participant in a plan shall qualify as a member of that system.

Section 3309.813 | Maintaining individual account for each participant.

...Each plan established under section 3309.81 of the Revised Code shall require the school employees retirement board, or the entity administering the plan pursuant to a contract with the board, to cause an individual account to be maintained for each member participating in the plan. A plan may include deposits to the defined contribution fund created under section 3309.60 of the Revised Code or additional deposits ma...

Section 3309.82 | Application of chapter to defined contribution plan.

...(A) Except as provided in division (B) of this section, sections 3309.02, 3309.021, and 3309.022 and sections 3309.18 to 3309.70 of the Revised Code do not apply to a plan established under section 3309.81 of the Revised Code, except that a plan may incorporate provisions of those sections as specified in the plan document. (B) The following sections of Chapter 3309. of the Revised Code apply to a plan established u...

Section 3309.85 | Contributions of members.

...Each member participating in a plan established under section 3309.81 of the Revised Code shall contribute a per cent of the member's compensation to the school employees retirement system as required in section 3309.47 of the Revised Code. Contributions made under this section shall not exceed the limits established by section 415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended.