Ohio Code § 5813.02
Ohio Code § 5813.02. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 5813.02.
(A) Subject to division (D) of this section and section 5813.03 of the Revised Code , during any fiscal year in which income may be or is required to be distributed to
an institution from an institutional trust fund, income means the greater of the following: (1) The income from the assets of the institutional trust fund for the fiscal year as
determined in accordance with the applicable trust instrument and applicable law without
regard to sections 5813.01 to 5813.07 of the Revised Code ; (2) The amount requested by the institution's governing board for the fiscal year pursuant
to division (B) of this section. (B) An institution's governing board may request that an amount be distributed to the
institution for the fiscal year, and that amount shall not exceed the sum of both
of the following: (1) Five per cent of the applicable fund value for the institutional trust fund for the
fiscal year; (2) If, in any prior fiscal year that is after September 15, 1999, the governing board
requested less than five per cent of the applicable fund value for that prior fiscal
year and if the amount the institution actually received from the institutional trust
fund pursuant to division (A) of this section was less than five per cent for that
prior fiscal year, the aggregate difference between five per cent of the applicable
fund value with respect to each such prior fiscal year and the amount the institution
actually received pursuant to division (A) of this section for each prior fiscal year. (C) If, under a trust instrument, more than one institution is a beneficiary of an institutional
trust fund, the trustee shall take such actions that the trustee determines appropriate
or necessary to allow for the distributions of income as contemplated by division
(A) of this section, which actions may include dividing the institutional trust fund
into separate shares according to the interest that each institution has in the total
institutional trust fund held under the trust instrument. (D) This section does not limit the authority or obligation of a trustee to distribute,
or the authority of a governing board to request, funds as permitted or required under
the terms of the applicable trust instrument.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 5813.02
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
Verify the text
Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:
Not legal advice. Verify against the official source and consult a licensed Ohio attorney.
Common questions
What is the source of Ohio Revised Code § 5813.02?
The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.
What subject does Ohio Revised Code § 5813.02 address?
It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.
Is Ohio Revised Code § 5813.02 still in force?
Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.
Can this page be used as legal advice?
No. This is a reference transcription for research. Applying Ohio law to your facts requires a licensed Ohio attorney who can review the specifics.