2006 Ohio Revised Code - 3105.85. Fifty per cent limit on withholding; compliance with related provisions.
§ 3105.85. Fifty per cent limit on withholding; compliance with related provisions.
(A) The total of the amounts described in division (D) of section 3105.82 and section 3105.84 of the Revised Code shall not exceed fifty per cent of the amount of a benefit or lump sum payment, or if withholding is to be made from more than one benefit or lump sum payment, fifty per cent of the total of the benefits or lump sum payments.
(B) 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, the public retirement program shall not withhold an aggregate amount for all the orders that exceeds fifty per cent of the benefit or lump sum payment.
(C) If a participant's benefit or lump sum payment is or will be subject to an order described in section 3105.81 of the Revised Code and one or more withholding orders under section 3111.23 or 3113.21Å of the Revised Code, the public retirement program shall not withhold from a benefit or lump sum payment an aggregate amount for all orders described in section 3105.81 of the Revised Code that exceeds the difference between fifty per cent of the benefit or payment and the percentage of the benefit or payment that is or will be paid under orders described in section 3111.23 or 3113.21Å of the Revised Code.
(D) The public retirement program that is or will be paying the benefit or lump sum payment shall act in accordance with section 145.571 [145.57.1], 742.462 [742.46.2], 3305.21, 3307.371 [3307.37.1], 3309.671 [3309.67.1], or 5505.261 [5505.26.1] of the Revised Code.
HISTORY: 148 v H 535. Eff 1-1-2002.
Å Division (C), RC § 3113.21 was amended by HB 535 (148 v - ) eff 4-1-2001 after it was repealed by SB 180 (148 v - ) eff 3-22-2001. See the provisions of § 4 of SB 99 (149 v - ) following RC §
3121.01, and see also the text of RC §
3121.03.
The effective date is set by section 13(B)(1) of HB 535.
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