Ohio Code § 742.462
Ohio Code § 742.462. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 742.462.
(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 Ohio police and fire pension fund shall determine whether the order meets the
requirements of sections 3105.80 to 3105.90 of the Revised Code . The fund shall retain in the participant's record an order the fund determines meets
the requirements. Not later than sixty days after receipt, the fund shall return to the court that
issued the order any order the fund determines does not meet the requirements. (C) The fund shall comply with an order retained under division (B) of this section at
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 fund 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 fund 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 fund 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 fund 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 fund 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
fund. The fund 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 fund is not liable in civil damages for loss resulting from any action or failure
to act in compliance with this section.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 742.462
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
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Common questions
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