Ohio § 5505.261

§ 5505.261.

(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 state highway patrol retirement system shall determine whether the order meets

the requirements of sections 3105.80 to 3105.90 of the Revised Code .  The system shall retain in the participant's record an order the system determines

meets the requirements.  Not later than sixty days after receipt, the system shall return to the court that

issued the order any order the system determines does not meet the requirements. (C) The system shall comply with an order retained under division (B) of this section

at either of the following times as appropriate: (1) If the participant has applied for or is receiving a benefit or has applied for but

not yet received a lump sum payment, as soon as practicable; (2) If the participant has not applied for a benefit or lump sum payment, on application

by the participant for a benefit or lump sum payment. (D) If the system transfers a participant's service credit or contributions made by or

on behalf of a participant to a public retirement program that is not named in the

order, the system shall do both of the following: (1) Notify the court that issued the order by sending the court a copy of the order and

the name and address of the public retirement program to which the transfer was made. (2) Send a copy of the order to the public retirement program to which the transfer was

made. (E) If it receives a participant's service credit or contributions and a copy of an order

as provided in division (D) of this section, the system shall administer the order

as if it were the public retirement program named in the order. (F) If a participant's benefit or lump sum payment is or will be subject to more than

one order described in section 3105.81 of the Revised Code or to an order described in section 3105.81 of the Revised Code and a withholding order under section 3111.23 or 3113.21 of the Revised Code , the system shall, after determining that the amounts that are or will be withheld

will cause the benefit or lump sum payment to fall below the limits described in section 3105.85 of the Revised Code , do all of the following: (1) Establish, in accordance with division (G) of this section and subject to the limits

described in section 3105.85 of the Revised Code , the priority in which the orders are or will be paid by the retirement system in

accordance with division (G) of this section; (2) Reduce the amount paid to an alternate payee based on the priority established under

division (F)(1) of this section; (3) Notify, by regular mail, a participant and alternate payee of any action taken under

this division. (G) A withholding or deduction notice issued under section 3111.23 or 3113.21 of the Revised Code or an order described in section 3115.501 of the Revised Code has priority over all other orders and shall be complied with in accordance with

child support enforcement laws.  All other orders are entitled to priority in order of earliest retention by the

system.  The system is not to retain an order that provides for the division of property

unless the order is filed in a court with jurisdiction in this state. (H) The system is not liable in civil damages for loss resulting from any action or failure

to act in compliance with this section.