Ohio Revised Code Search
| Section |
|---|
|
Section 3115.603 | Effect of registration for enforcement.
...(A) A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state. (B) A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state. (C) Except as otherwise provided in this c... |
|
Section 3115.604 | Choice of law.
...(A) Except as otherwise provided in division (D) of this section, the law of the issuing state or foreign country governs all of the following: (1) The nature, extent, amount, and duration of current payments under a registered support order; (2) The computation and payment of arrearages and accrual of interest on the arrearages under the support order; (3) The existence and satisfaction of other obligations under... |
|
Section 3115.605 | Notice of registration of order.
...(A) When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order. (B) A notice must inform the nonregistering party of all of the following: (1) That a reg... |
|
Section 3115.606 | Procedure to contest validity or enforcement of registered support order.
...(A) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by section 3115.605 of the Revised Code. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any allege... |
|
Section 3115.607 | Contest of registration or enforcement.
...(A) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses: (1) The issuing tribunal lacked personal jurisdiction over the contesting party. (2) The order was obtained by fraud. (3) The order has been vacated, suspended, or modified by a later order. (4) The issuing tribunal has stayed the o... |
|
Section 3115.608 | Confirmed order.
...Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. |
|
Section 3115.609 | Procedure to register child-support order of another state for modification.
...A party or support enforcement agency seeking to modify, or to modify and enforce, a child-support order issued in another state shall register that order in this state in the same manner provided in sections 3115.601 to 3115.608 of the Revised Code if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the gro... |
|
Section 3115.610 | Effect of registration or modification.
...pport order may be modified only if the requirements of section 3115.611 or 3115.613 of the Revised Code have been met. |
|
Section 3115.611 | Modification of child-support order of another state.
...llowing: (1) That all of the following requirements are met: (a) Neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state; (b) A petitioner who is a nonresident of this state seeks modification; and (c) The respondent is subject to the personal jurisdiction of the tribunal of this state. (2) That this state is the residence of the child, or a party who is an individua... |
|
Section 3115.612 | Recognition of order modified in another state.
...If a child-support order issued by a tribunal of this state is modified by a tribunal of another state which assumed jurisdiction pursuant to its uniform interstate family support act, a tribunal of this state: (A) May enforce its order that was modified only as to arrears and interest accruing before the modification; (B) May provide appropriate relief for violations of its order that occurred before the effective... |
|
Section 3115.613 | Jurisdiction to modify child-support order of another state when individual parties reside in this state.
...(A) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a court of this state has jurisdiction to enforce and to modify the issuing state's child-support order in a proceeding to register that order. (B) A court of this state exercising jurisdiction under this section shall apply the provisions of sections 3115.102 to 3115.211 and sections 3115.601 to 31... |
|
Section 3115.614 | Notice to issuing tribunal of modification.
...Within thirty days after issuance of a modified child-support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate san... |
|
Section 3115.615 | Jurisdiction to modify child-support order of foreign country.
...(A) Except as otherwise provided in section 3115.711 of the Revised Code, if a foreign country lacks or refuses to exercise jurisdiction to modify its child-support order pursuant to its laws, a court of this state may assume jurisdiction to modify the child-support order and bind all individuals subject to the personal jurisdiction of the court whether the consent to modification of a child-support order otherwise r... |
|
Section 3115.616 | Procedure to register child-support order of foreign country for modification.
...A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child-support order not under the convention may register that order in this state under sections 3115.601 to 3115.608 of the Revised Code if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for... |
|
Section 3115.701 | Definitions.
...As used in sections 3115.701 to 3115.713 of the Revised Code: (A) "Application" means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority. (B) "Central authority" means the entity designated by the United States or a foreign country described in division (E)(4) of section 3115.102 of the Revised Code to perf... |
|
Section 3115.702 | Application of convention.
...Sections 3115.701 to 3115.713 of the Revised Code apply only to a support proceeding under the convention. In such a proceeding, if a provision of sections 3115.701 to 3115.713 of the Revised Code is inconsistent with sections 3115.102 to 3115.616 of the Revised Code, sections 3115.701 to 3115.713 control. |
|
Section 3115.703 | Relationship of department to United States central authority.
...The department of job and family services is recognized as the agency designated by the United States central authority to perform specific functions under the convention. |
|
Section 3115.704 | Initiation by support agency of support proceeding under convention.
...(A) In a support proceeding under sections 3115.701 to 3115.713 of the Revised Code, the support enforcement agency shall do both of the following: (1) Transmit and receive applications; (2) Initiate or facilitate the institution of a proceeding regarding an application in a court of this state. (B) The following support proceedings are available to an obligee under the convention: (1) Recognition or recognition ... |
|
Section 3115.705 | Direct request.
...(A) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies. (B) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, sections 3115.706 to 3115.713 of the Revised Code apply. (C) In a direct request for re... |
|
Section 3115.706 | Registration of convention support order.
...r would be manifestly incompatible with public policy. (E) The court shall promptly notify the parties of the registration or the order vacating the registration of a convention support order. |
|
Section 3115.707 | Contest of registered convention support order.
...(A) Except as otherwise provided in sections 3115.701 to 3115.713 of the Revised Code, sections 3115.605 to 3115.608 of the Revised Code apply to a contest of a registered convention support order. (B) A party contesting a registered convention support order shall file a contest not later than thirty days after notice of the registration, but if the contesting party does not reside in the United States, the contest ... |
|
Section 3115.708 | Recognition and enforcement of registered convention support order.
...e order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard. (2) The issuing tribunal lacked personal jurisdiction consistent with section 3115.201 of the Revised Code. (3) The order is not enforceable in the issuing country. (4) The order was obtained by fraud in connection wit... |
|
Section 3115.709 | Partial enforcement.
...If a court of this state does not recognize and enforce a convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a convention support order. |
|
Section 3115.710 | Foreign support agreement.
...t would be manifestly incompatible with public policy. (D) In a contest of a foreign support agreement, a court of this state may refuse recognition and enforcement of the agreement if it finds any of the following: (1) Recognition and enforcement of the agreement is manifestly incompatible with public policy. (2) The agreement was obtained by fraud or falsification. (3) The agreement is incompatible with a suppo... |
|
Section 3115.711 | Modification of convention child-support order.
...(A) A court of this state may not modify a convention child-support order if the obligee remains a resident of the foreign country where the support order was issued unless one of the following applies: (1) The obligee submits to the jurisdiction of a court of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity. (2) The fore... |
|
Section 3309.42 | Payment to member who ceases to be a public employee.
...employees retirement system or a notary public. The board may waive the requirement of consent if the spouse is incapacitated or cannot be located, or for any other reason specified by the board. Consent or waiver is effective only with regard to the spouse who is the subject of the consent or waiver. (B) This division applies to any member who is employed in a position in which the member has elected under section ... |
|
Section 3309.43 | Payments to members who are members of another state retirement system.
...on, "other retirement system" means the public employees retirement system or the state teachers retirement system. (B) Except as provided in division (C) of this section, on application, a member of the school employees retirement system who is also a member of one or both of the other retirement systems and has ceased to be an employee under this chapter may be paid, in accordance with section 3309.42 of the Revis... |
|
Section 3309.44 | Designation or qualification of beneficiaries.
...eceased member was also a member of the public employees retirement system or the state teachers retirement system, the beneficiary last established among the systems shall be the sole beneficiary in all the systems. If the accumulated contributions of a deceased member are not claimed by a beneficiary, or by the estate of the deceased member, within ten years, they shall be transferred to the guarantee fund a... |
|
Section 3309.45 | Beneficiary may substitute other benefits.
...bsequent spouse who was a member of the public employees retirement system, state teachers retirement system, or school employees retirement system, the surviving spouse of such member may elect to continue receiving benefits under this division, or to receive survivor's benefits, based upon the subsequent spouse's membership in one or more of the systems, for which such surviving spouse is eligible under this sectio... |
|
Section 3309.451 | Service credit purchased upon death of member.
...Upon the death of a member prior to receipt of a disability benefit or service retirement, the surviving spouse or dependents of the deceased member shall have the right to purchase any service credit which the member, had he not died, would have been eligible to purchase under this chapter upon the same terms and conditions which the deceased member could have purchased such service credit had he not died. Any servi... |
|
Section 3309.46 | Electing a plan of payment.
...mployees retirement system or a notary public. The board may waive the requirement of consent if the spouse is incapacitated or cannot be located or for any other reason specified by the board. Consent or waiver is effective only with regard to the spouse who is the subject of the consent or waiver. (3) A member eligible to elect to receive a retirement allowance under a plan of payment other than "plan A" sha... |
|
Section 3309.47 | Contribution of contributor.
...Each school employees retirement system contributor shall contribute eight per cent of the contributor's compensation to the employees' savings fund, except that the school employees retirement board may raise the contribution rate to a rate not greater than ten per cent of compensation. The contributions by the direction of the school employees retirement board shall be deducted by the employer from the comp... |
|
Section 3309.471 | Contributions during disability leave.
...Except as otherwise provided in section 124.385 of the Revised Code, any contributor who is granted disability leave pursuant to a program sponsored by his employer, whereby the contributor receives a percentage of his salary while on disability leave, shall not be required to make contributions for time off while on disability leave. Except as otherwise provided in section 124.385 of the Revised Code, each employe... |
|
Section 3309.472 | Purchasing service credit for time spent on pregnancy.
...For one year after the effective date of this section, a member who resigned due to pregnancy prior to the effective date of this section may purchase service credit for a period following the resignation during which she did not make contributions under section 3309.47 of the Revised Code, if she meets both of the following conditions: (A) She has earned a minimum of one year of service credit subsequent to the da... |
|
Section 3309.473 | Purchasing service credit for time spent on pregnancy or adoption.
...(A) Except as provided in division (D) of this section, a member of the school employees retirement system who resigned due to pregnancy or adoption of a child may purchase service credit for a period following the resignation during which the member did not make contributions under section 3309.47 of the Revised Code, if the member meets both of the following conditions: (1) The member has earned a minimum of one y... |
|
Section 3309.474 | Purchase of service credits for leaves of absence.
...on, "state retirement system" means the public employees retirement system, Ohio police and fire pension fund, state teachers retirement system, school employees retirement system, or state highway patrol retirement system. (B) A state retirement system member who while a member of the school employees retirement system was out of service due to a leave of absence approved by the member's employer may purchase from ... |
|
Section 3309.48 | Employer failing to deduct employee contribution.
...Any employee who left the service of an employer after attaining age sixty-five or over and such employer had failed or refused to deduct and transmit to the school employees retirement system the employee contributions as required by section 3309.47 of the Revised Code during any year for which membership was compulsory as determined by the school employees retirement board, shall be granted service credit without c... |
|
Section 3309.49 | Employer contribution.
...Each employer shall pay to the school employees retirement system at such times as required by the school employees retirement board under section 3309.51 of the Revised Code an amount that shall be a certain per cent of the earnable compensation of all employees, and shall be known as the "employer contribution." The rate per cent of such contribution shall be fixed by the actuary on the basis of the actuary's evalu... |
|
Section 3309.491 | Employer minimum compensation contribution.
...(A) An actuary employed by the school employees retirement board shall annually determine the minimum annual compensation amount for each member that will be needed to fund the cost of providing future health care benefits under section 3309.69 of the Revised Code. The amount determined by the actuary under this division shall be approved by the board and shall be known as the "minimum compensation amount." (B)(1)... |
|
Section 3309.50 | Payment of death benefit.
...(A)(1) Upon the death of a retirant or disability benefit recipient, who at the time of death is receiving a service retirement allowance or disability benefit from the school employees retirement system, a lump-sum payment of one thousand dollars shall be paid, following completion of an application on a form approved by the school employees retirement board, in the following order of precedence to: (a) The ... |
|
Section 3309.51 | Payment into employers' trust fund.
...(A) Each employer shall pay into the employers' trust fund, monthly or at such times as the school employees retirement board requires, an amount certified by the school employees retirement board, which shall be as required by Chapter 3309. of the Revised Code. Payments by school district boards of education to the employers' trust fund of the school employees retirement system may be made from the amounts alloca... |
|
Section 3309.53 | Written statement to employee of duties and obligations.
...Each employer, before employing any employee to whom this chapter may apply, shall give such person a written statement of the person's duties and obligations under such sections as a condition of employment, which statement shall be prepared and supplied to each employer by the school employees retirement board. Any such appointment or reappointment of any employee, or service upon indefinite tenure, shall be cond... |
|
Section 3309.55 | Notifying board of personnel changes.
...Each employer shall on the first day of each calendar month, or at such intervals as the school employees retirement board approves, notify the board of removals and withdrawals of employees that have occurred during the month preceding or the period since the period covered by the last notification. Each employer shall keep such records and shall furnish such information and assistance to the school employees retire... |
|
Section 3309.56 | Deductions; report.
...Each employer shall cause to be deducted, on each payroll of a contributor for each payroll period, the contribution payable by such contributor. Each employer shall send a report that lists such contributions deducted by contributor to the school employees retirement system at such time and in such manner as required by the school employees retirement board. |
|
Section 3309.57 | Transmission of contributions.
...Each employer shall transmit monthly or at such times as the school employees retirement board designates the contributions required under this chapter. The school employees retirement system after making a record of all such receipts shall pay them to the treasurer of state for use according to this chapter. |
|
Section 3309.571 | Penalties.
...The school employees retirement system shall impose the following penalties, which may be collected in the same manner as described in division (B) of section 3309.51 of the Revised Code: (A) For a failure to transmit contributions withheld from employees not later than the date specified under rules adopted by the school employees retirement board, one hundred dollars per day for each day the employer fails to tran... |
|
Section 3309.59 | Levying additional taxes.
...l funds necessary to meet the financial requirements imposed upon them by this chapter and said tax shall be placed before and in preference to all other items except for sinking fund or interest purposes. |
|
Section 3309.60 | Creation of funds - trustees.
... contingent fund from which the special requirements of said funds may be paid by transfer from this fund. All income derived from the investment of funds by the school employees retirement board as trustees under section 3309.15 of the Revised Code, together with all gifts and bequests, or the income therefrom, shall be paid into this fund. Any deficit occurring in any other fund that will not be covered by payment... |
|
Section 3309.61 | Each fund is separate legal entity.
...Wherever in this chapter, reference is made to the employees' savings fund, the employers' trust fund, the annuity and pension reserve fund, the guarantee fund, the survivors' benefit fund, the defined contribution fund, or the expense fund, such reference shall be construed to have been made to each as a separate legal entity. This section does not prevent the deposit or investment of all such moneys intermingled fo... |
|
Section 3309.62 | Estimating expenses annually.
...The school employees retirement board shall estimate annually the amount required to defray expenses of administration in the ensuing year and may apportion such expenses among the members. The amount so apportioned in any year shall not exceed three dollars per member. If the amount estimated to be required to meet the expenses of the board exceeds the amounts apportioned by the board, the amount of such excess shal... |