2006 Ohio Revised Code - 3309.22. Access to records; match with public assistance recipients.

§ 3309.22. Access to records; match with public assistance recipients.
 

(A) (1)  As used in this division, "personal history record" means information maintained by the board on an individual who is a member, former member, contributor, former contributor, retirant, or beneficiary that includes the address, telephone number, social security number, record of contributions, correspondence with the system, and other information the board determines to be confidential. 

(2) The records of the board shall be open to public inspection, except for the following, which shall be excluded, except with the written authorization of the individual concerned: 

(a) The individual's statement of previous service and other information as provided for in section 3309.28 of the Revised Code; 

(b) Any information identifying by name and address the amount of a monthly allowance or benefit paid to the individual; 

(c) The individual's personal history record. 

(B)  All medical reports and recommendations required by the system are privileged except that copies of such medical reports or recommendations shall be made available to the personal physician, attorney, or authorized agent of the individual concerned upon written release received from the individual or the individual's agent, or when necessary for the proper administration of the fund, to the board assigned physician. 

(C)  Any person who is a contributor of the system shall be furnished, on written request, with a statement of the amount to the credit of the person's account. The board need not answer more than one such request of a person in any one year. 

(D)  Notwithstanding the exceptions to public inspection in division (A)(2) of this section, the board may furnish the following information: 

(1) If a member, former member, contributor, former contributor, or retirant is subject to an order issued under section 2907.15 of the Revised Code or is convicted of or pleads guilty to a violation of section 2921.41 of the Revised Code, on written request of a prosecutor as defined in section 2935.01 of the Revised Code, the board shall furnish to the prosecutor the information requested from the individual's personal history record. 

(2) Pursuant to a court or administrative order issued under section 3119.80, 3119.81, 3121.02, 3121.03, or 3123.06 of the Revised Code, the board shall furnish to a court or child support enforcement agency the information required under that section. 

(3) At the written request of any person, the board shall provide to the person a list of the names and addresses of members, former members, retirants, contributors, former contributors, or beneficiaries. The costs of compiling, copying, and mailing the list shall be paid by such person. 

(4) Within fourteen days after receiving from the director of job and family services a list of the names and social security numbers of recipients of public assistance pursuant to section 5101.181 [5101.18.1] of the Revised Code, the board shall inform the auditor of state of the name, current or most recent employer address, and social security number of each contributor whose name and social security number are the same as that of a person whose name or social security number was submitted by the director. The board and its employees shall, except for purposes of furnishing the auditor of state with information required by this section, preserve the confidentiality of recipients of public assistance in compliance with division (A) of section 5101.181 [5101.18.1] of the Revised Code. 

(5) The system shall comply with orders issued under section 3105.87 of the Revised Code. 

On the written request of an alternate payee, as defined in section 3105.80 of the Revised Code, the system shall furnish to the alternate payee information on the amount and status of any amounts payable to the alternate payee under an order issued under section 3105.171 [3105.17.1] or 3105.65 of the Revised Code. 

(6) At the request of any person, the board shall make available to the person copies of all documents, including resumes, in the board's possession regarding filling a vacancy of an employee member or retirant member of the board. The person who made the request shall pay the cost of compiling, copying, and mailing the documents. The information described in this division is a public record. 

(E)  A statement that contains information obtained from the system's records that is signed by an officer of the retirement system and to which the system's official seal is affixed, or copies of the system's records to which the signature and seal are attached, shall be received as true copies of the system's records in any court or before any officer of this state. 
 

HISTORY: GC § 7896-86; 117 v 122, § 23; 123 v 717; Bureau of Code Revision, 10-1-53; 131 v H 225 (Eff 11-13-65); 136 v H 268 (Eff 8-20-76); 138 v H 363 (Eff 6-7-79); 139 v H 246 (Eff 8-23-82); 141 v H 242 (Eff 1-1-87); 144 v H 382 (Eff 6-30-91); 144 v S 346 (Eff 7-29-92); 144 v S 359 (Eff 12-22-92); 146 v H 627 (Eff 12-2-96); 146 v H 668 (Eff 12-6-96); 148 v H 471 (Eff 7-1-2000); 148 v S 180 (Eff 3-22-2001); 148 v S 270 (Eff 4-9-2001); 148 v H 535. Eff 1-1-2002; 150 v S 133, § 1, eff. 9-15-04.
 

The provisions of § 8 of S.B. 133 (150 v  - ) read as follows: 

SECTION 8.  * * * Section 3309.22 of the Revised Code is presented in this act as a composite of the section as amended by Sub. H.B. 535, Sub. S.B. 270, and Am. Sub. S.B. 180 all of the 123rd General Assembly. * * * The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composites are the resulting versions of the sections in effect prior to the effective dates of the sections as presented in this act. 

The effective date is set by section 13(B)(1) of H.B. 535. 

 

Effect of Amendments

Section 1, 150 v S 133, effective September 15, 2004, added (D)(6).