Ohio § 2907.15
Full text of Ohio Ohio Revised Code § 2907.15, with citation guidance and answers to common questions.
§ 2907.15.
(A) As used in this section: (1) “ Public retirement system ” means the public employees retirement system, state teachers retirement system,
school employees retirement system, Ohio police and fire pension fund, state highway
patrol retirement system, or a municipal retirement system of a municipal corporation
of this state. (2) “ Government deferred compensation program ” means such a program offered by the public employees retirement board; a municipal
corporation; or a government unit, as defined in section 148.06 of the Revised Code . (3) “ Deferred compensation program participant ” means a “participating employee” or “continuing member,” as defined in section 148.01 of the Revised Code , or any other public employee who has funds in a government deferred compensation
program. (4) “ Alternative retirement plan ” means an alternative retirement plan provided pursuant to Chapter 3305. of the Revised
Code. (5) “Prosecutor” has the same meaning as in section 2935.01 of the Revised Code . In any case in which a sentencing court orders restitution to the victim under section 2929.18 or 2929.28 of the Revised Code for a violation of section 2907.02 , 2907.03 , 2907.04 , or 2907.05 of the Revised Code and in which the offender is a government deferred compensation program participant,
is an electing employee, as defined in section 3305.01 of the Revised Code , or is a member of, or receiving a pension, benefit, or allowance, other than a survivorship
benefit, from, a public retirement system and committed the offense against a child,
student, patient, or other person with whom the offender had contact in the context
of the offender's public employment, at the request of the victim the prosecutor shall
file a motion with the sentencing court specifying the government deferred compensation
program, alternative retirement plan, or public retirement system and requesting that
the court issue an order requiring the government deferred compensation program, alternative
retirement plan, or public retirement system to withhold the amount required as restitution
from one or more of the following: any payment to be made from a government deferred
compensation program, any payment or benefit under an alternative retirement plan,
or under a pension, annuity, allowance, or any other benefit, other than a survivorship
benefit, that has been or is in the future granted to the offender; from any payment
of accumulated employee contributions standing to the offender's credit with the government
deferred compensation program, alternative retirement plan, or public retirement system;
or from any payment of any other amounts to be paid to the offender pursuant to Chapter
145., 148., 742., 3307., 3309., or 5505. of the Revised Code on withdrawal of contributions. The motion may be filed at any time subsequent to the conviction of the offender
or entry of a guilty plea. On the filing of the motion, the clerk of the court in which the motion is filed
shall notify the offender and the government deferred compensation program, alternative
retirement plan, or public retirement system, in writing, of all of the following:
that the motion was filed; that the offender will be granted a hearing on the issuance
of the requested order if the offender files a written request for a hearing with
the clerk prior to the expiration of thirty days after the offender receives the notice;
that, if a hearing is requested, the court will schedule a hearing as soon as possible
and notify the offender and the government deferred compensation program, alternative
retirement plan, or public retirement system of the date, time, and place of the hearing;
that, if a hearing is conducted, it will be limited to a consideration of whether
the offender can show good cause why the order should not be issued; that, if a hearing
is conducted, the court will not issue the order if the court determines, based on
evidence presented at the hearing by the offender, that there is good cause for the
order not to be issued; that the court will issue the order if a hearing is not requested
or if a hearing is conducted but the court does not determine, based on evidence presented
at the hearing by the offender, that there is good cause for the order not to be issued;
and that, if the order is issued, the government deferred compensation program, alternative
retirement plan, or public retirement system specified in the motion will be required
to withhold the amount required as restitution from payments to the offender. (B) In any case in which a motion requesting the issuance of a withholding order as described
in division (A) of this section is filed, the offender may receive a hearing on the
motion by delivering a written request for a hearing to the court prior to the expiration
of thirty days after the offender's receipt of the notice provided pursuant to division
(A) of this section. If the offender requests a hearing within the prescribed time, the court shall schedule
a hearing as soon as possible after the request is made and notify the offender and
the government deferred compensation program, alternative retirement plan, or public
retirement system of the date, time, and place of the hearing. A hearing scheduled under this division shall be limited to a consideration of whether
there is good cause, based on evidence presented by the offender, for the requested
order not to be issued. If the court determines, based on evidence presented by the offender, that there
is good cause for the order not to be issued, the court shall deny the motion and
shall not issue the order. Good cause for not issuing the order includes a determination by the court that
the order would severely impact the offender's ability to support the offender's dependents. If the offender does not request a hearing within the prescribed time or the court
conducts a hearing but does not determine, based on evidence presented by the offender,
that there is good cause for the order not to be issued, the court shall order the
government deferred compensation program, alternative retirement plan, or public retirement
system to withhold the amount required as restitution from one or more of the following:
any payments to be made from a government deferred compensation program, any payment
or benefit under an alternative retirement plan, or under a pension, annuity, allowance,
or under any other benefit, other than a survivorship benefit, that has been or is
in the future granted to the offender; from any payment of accumulated employee contributions
standing to the offender's credit with the government deferred compensation program,
alternative retirement plan, or public retirement system; or from any payment of
any other amounts to be paid to the offender upon withdrawal of contributions pursuant
to Chapter 145., 148., 742., 3307., 3309., or 5505. of the Revised Code and to continue
the withholding for that purpose, in accordance with the order, out of each payment
to be made on or after the date of issuance of the order, until further order of the
court. On receipt of an order issued under this division, the government deferred compensation
program, alternative retirement plan, or public retirement system shall withhold the
amount required as restitution, in accordance with the order, from any such payments
and immediately forward the amount withheld to the clerk of the court in which the
order was issued for payment to the person to whom restitution is to be made. The order shall not apply to any portion of payments made from a government deferred
compensation program, alternative retirement plan, or public retirement system to
a person other than the offender pursuant to a previously issued domestic court order. (C) Service of a notice required by division (A) or (B) of this section shall be effected
in the same manner as provided in the Rules of Civil Procedure for the service of
process. (D) Upon the filing of charges under section 2907.02 , 2907.03 , 2907.04 , or 2907.05 of the Revised Code against a person who is a deferred compensation program participant, an electing
employee participating in an alternative retirement plan, or a member of, or receiving
a pension benefit, or allowance, other than a survivorship benefit, from a public
retirement system for an offense against a child, student, patient, or other person
with whom the offender had contact in the context of the offender's public employment,
the prosecutor shall send written notice that charges have been filed against that
person to the appropriate government deferred compensation program, alternative retirement
plan, or public retirement system. The notice shall specifically identify the person charged.
Frequently Asked Questions About Ohio § 2907.15
What does Ohio Revised Code § 2907.15 cover?
Section 2907.15 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 2907.15?
A common citation format is "Ohio Revised Code § 2907.15" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 2907.15 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.