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462, 3305. 21, 3307. 371, 3309. 671, or 5505. 261 of the Revised Code. Effective Date: 01-01-2002; 10-27-2006. The month-to-month advantage utilized under division (D)( 2) of area 3105. 82 of the Revised Code to figure out the quantity to be paid an alternate payee from a month-to-month advantage shall be whichever of the following uses: (A) If the individual is receiving a regular monthly advantage, the month-to-month advantage shall be the advantage the individual is receiving at the time the decree of divorce or dissolution becomes last; (B) If the participant has actually requested but is not yet receiving a month-to-month advantage, the month-to-month benefit shall be the advantage for which the participant is eligible; (C) If the individual has not gotten a benefit, the regular monthly advantage shall be the advantage determined at the time the participant elects to take it.


Payments under an order described in section 3105. 81 of the Modified Code will start as offered under area 145. 571, 742. 462, 3305. 21, 3307. 371, 3309. 671, or 5505. 261 of the Revised Code. An alternate payee has no right or privilege under sections 742.


61 or Chapter 145., 3305., 3307., 3309., or 5505. of the Revised Code that is not offered in those areas or chapters. An order described in area 3105. 81 of the Revised Code will not need a public retirement program to take any action or supply any benefit, allowance, or payment not authorized under the law governing the general public retirement program.




An order explained in area 3105. 81 of the Modified Code shall authorize the board of the general public retirement program that is or will be paying the advantage or swelling amount payment to withhold from any benefit or payment that goes through an order an amount determined by the public retirement program to be necessary to defray the expense of administering the order.


Reliable Date: 01-01-2002. (A) The total of the quantities described in division (D) of section 3105. 82 and area 3105. 84 of the Modified Code will not surpass fifty percent of the amount of an advantage or lump amount payment, or if withholding is to be made from more than one advantage or lump sum payment, fifty per cent of the overall of the advantages or lump amount payments.


81 of the Revised Code, the public retirement program will not withhold an aggregate amount for all the orders that goes beyond fifty per cent of the advantage or lump amount payment. (C) If an individual's advantage or lump sum payment is or will undergo an order described in section 3105.

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23 or 3113. 21 of the Revised Code, the general public retirement program shall not withhold from a benefit or lump sum payment an aggregate amount for all orders explained in area 3105. 81 of the Modified Code that exceeds the difference in between fifty per cent of the advantage or payment and the percentage of the benefit or payment that is or will be paid under orders explained in section 3111.


21 of the Revised Code. (D) The general public retirement program that is or will be great post to read paying the benefit or swelling sum payment will act in accordance with section 145. 571, 742. 462, 3305. 21, 3307. 371, 3309. 671, or 5505. 261 of the Revised Code.


An alternate payee's rights under an order described in section 3105. divorce lawyers in ny state. 81 of the Modified Code will end on the earlier of the following: (A) The death of the individual; (B) The death of the alternate payee; (C) The termination of an advantage paid to an individual under sections 742.


61 or Chapter 145., 3305., 3307., 3309., or 5505. of the Modified Code. Efficient Date: 01-01-2002. The court may order a public retirement program or the Ohio public workers deferred payment program to supply information from an individual's personal history record essential to figure out the amounts described in department (D) of area 3105.




Changed by 128th General AssemblyFile No. 9, HB 1, 101. 01, eff. 10/16/2009. Efficient Date: 01-01-2002. The clerk of courts shall send a qualified copy of an order explained in section 3105. 81 of the Modified Code to each public retirement program called in the order. If the clerk of courts fails to transfer an order, the public retirement program called in the order is not needed to administer the order.


571, 742. 462, 3305. like this 21, 3307. 371, 3309. 671, or 5505. 261 of the Revised Code. If the general public retirement program returns to the clerk of courts an order in accordance with section 145. 571, 742. 462, 3305. 21, 3307. 371, 3309.

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261 of the Modified Code, the clerk of courts will alert the counsel of record that the order was not retained by the public retirement program. Efficient Date: 01-01-2002. Regardless of department (I) of section 3105. 171 of the Revised Code: (A) The court will maintain jurisdiction to modify, monitor, or impose the application of an order explained in area 3105.


( B) The court might customize an order released under section 3105. 171 or 3105. 65 of the Modified Code my site that was reliable previous to the effective date of this section for the purpose of implementing the order or bring into effect the manifest objectives of the parties. A customized order needs to meet the requirements of section 3105.


Efficient Date: 01-01-2002. The state retirement systems, the Ohio state bar association, and the Ohio domestic relations judges association will collectively produce a kind to be utilized by courts for orders explained in section 3105. 81 of the Revised Code. Each state retirement system shall, by guideline embraced in accordance with area 111. divorce lawyers in ny state.