Ohio § 2929.192

§ 2929.192.

(A) If an offender is being sentenced for any felony offense listed in division (D) of

this section that was committed on or after May 13, 2008, if the offender committed

the offense while serving in a position of honor, trust, or profit, and if the offender,

at the time of the commission of the offense, was a member of any public retirement

system or a participant in an alternative retirement plan, in addition to any other

sanction it imposes under section 2929.14 , 2929.15 , 2929.16 , 2929.17 , or 2929.18 of the Revised Code but subject to division (B) of this section, the court shall order the forfeiture

to the public retirement system or alternative retirement plan in which the offender

was a member or participant of the offender's right to a retirement allowance, pension,

disability benefit, or other right or benefit, other than payment of the offender's

accumulated contributions, earned by reason of the offender's being a member of the

public retirement system or alternative retirement plan.  A forfeiture ordered under this division is part of, and shall be included in, the

sentence of the offender.  The court shall send a copy of the journal entry imposing sentence on the offender

to the appropriate public retirement system or alternative retirement plan in which

the offender was a member or participant. (B) In any case in which a sentencing court is required to order forfeiture of an offender's

right to a retirement allowance, pension, disability benefit, or other right or benefit

under division (A) of this section, the offender may request a hearing regarding the

forfeiture by delivering to the court prior to sentencing a written request for a

hearing.  If a request for a hearing is made by the offender prior to sentencing, the court

shall conduct the hearing before sentencing.  The court shall notify the offender, the prosecutor who handled the case in which

the offender was convicted of or pleaded guilty to the offense for which the forfeiture

order was imposed, and the appropriate public retirement system, or alternative retirement

plan provider, whichever is applicable, or, if more than one is specified in the motion,

the applicable combination of these, 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 forfeiture

order not to be issued.  If the court determines based on evidence presented by the offender that there is

good cause for the forfeiture order not to be issued, the court shall not issue the

forfeiture order.  If the offender does not request a hearing prior to sentencing or if the court conducts

a hearing but does not determine based on evidence presented by the offender that

there is good cause for the forfeiture order not to be issued, the court shall order

the forfeiture described in division (A) of this section in accordance with that division

and shall send a copy of the journal entry imposing sentence on the offender to the

appropriate public retirement system or alternative retirement plan in which the offender

was a member or participant. (C) Upon receipt of a copy of the journal entry imposing sentence on an offender under

division (A) or (B) of this section that contains an order of forfeiture of a type

described in that division, the public retirement system or alternative retirement

plan in which the offender was a member or participant shall comply with the forfeiture

order on application for a refund of the accumulated contributions of the member or

participant. (D) Division (A) of this section applies regarding an offender who is convicted of or

pleads guilty to any of the following offenses committed on or after May 13, 2008,

that is a felony and who committed the offense while serving in a position of honor,

trust, or profit: (1) A violation of section 2921.02 or 2923.32 of the Revised Code or a violation of section 2921.41 of the Revised Code that is a felony of the third degree; (2) A violation of an existing or former municipal ordinance or law of this or any other

state or the United States that is substantially equivalent to any violation listed

in division (D)(1) of this section; (3) A conspiracy to commit, attempt to commit, or complicity in committing any violation

listed in division (D)(1) or described in division (D)(2) of this section. (E) For purposes of divisions (A) and (D) of this section, a violation of section 2923.32 of the Revised Code or any other violation or offense that includes as an element a course of conduct

or the occurrence of multiple acts is “committed on or after May 13, 2008,” if the

course of conduct continues, one or more of the multiple acts occurs, or the subject

person's accountability for the course of conduct or for one or more of the multiple

acts continues, on or after May 13, 2008. (F) As used in this section: (1)(a) For the period beginning May 13, 2008, and ending the day before the effective date

of this amendment, “ position of honor, trust, or profit ” means any of the following: (i) An elective office of the state or any political subdivision of the state; (ii) A position on any board or commission of the state that is appointed by the governor

or the attorney general; (iii) A position as a public official or employee, as defined in section 102.01 of the Revised Code , who is required to file a disclosure statement under section 102.02 of the Revised Code ; (iv) A position as a prosecutor, as defined in section 2935.01 of the Revised Code ; (v) A position as a peace officer, as defined in section 2935.01 of the Revised Code , or as the superintendent or a trooper of the state highway patrol. (b) On and after the effective date of this amendment, “position of honor, trust, or

profit” has the same meaning as in division (F)(1)(a) of this section, except that

it also includes a position in which, in the course of public employment, an employee

has control over the expenditure of public funds of one hundred thousand dollars or

more annually. (2) “Public retirement system” and “alternative retirement plan” have the same meanings

as in section 2907.15 of the Revised Code . (3) “ Accumulated contributions ” means whichever of the following is applicable: (a) Regarding an offender who is a member of the public employees retirement system,

except as otherwise provided in division (F)(3)(a) of this section, “accumulated contributions”

has the same meaning as in section 145.01 of the Revised Code .  For a member participating in a PERS defined contribution plan, “ accumulated contributions ” means the contributions made under section 145.85 of the Revised Code and any earnings on those contributions.  For a member participating in a PERS defined contribution plan that includes definitely

determinable benefits, “ accumulated contributions ” means the contributions made under section 145.85 of the Revised Code , any earnings on those contributions, and additionally any amounts paid by the member

to purchase service credits. (b) Regarding an offender who is or was a member of the Ohio police and fire pension

fund, “ accumulated contributions ” means the amount payable to a member under division (G) of section 742.37 of the Revised Code . (c) Regarding an offender who is a member of the state teachers retirement system, except

as otherwise provided in division (F)(3)(c) of this section, “accumulated contributions”

has the same meaning as in section 3307.50 of the Revised Code .  For a member participating in an STRS defined contribution plan, “ accumulated contributions ” means the contributions made under section 3307.26 of the Revised Code to participate in a plan established under section 3307.81 of the Revised Code and any earnings on those contributions.  For a member participating in a STRS defined contribution plan that includes definitely

determinable benefits, “ accumulated contributions ” means the contributions made under section 3307.26 of the Revised Code to participate in a plan established under section 3307.81 of the Revised Code , any earnings on those contributions, and additionally any amounts paid by the member

to purchase service credits. (d) Regarding an offender who is or was a member of the school employees retirement system,

“accumulated contributions” has the same meaning as in section 3309.01 of the Revised Code and also includes employee contributions made under section 3309.85 of the Revised Code and any earnings on those contributions. (e) Regarding an offender who is or was a member of the state highway patrol retirement

system, “accumulated contributions” has the same meaning as in section 5505.01 of the Revised Code . (f) Regarding an offender who is or was participating in an alternative retirement plan,

“ accumulated contributions ” means the amounts contributed to an alternative retirement plan participant's account

by the plan participant pursuant to section 3305.06 of the Revised Code and any earnings on those contributions.