Ohio Administrative Code
Title 145 - Public Employees Retirement System
Chapter 145-1 - Benefits
Section 145-1-70 - Waiver of spousal consent
Universal Citation: OH Admin Code 145-1-70
Current through all regulations passed and filed through September 16, 2024
(A) The public employees retirement board may waive the requirement of spousal consent upon receipt of one of the following:
(1) A written statement of the spouse's
physician certifying that the spouse is medically incapable of
consent;
(2)
On a form
approved by the board, the affidavits of the contributor and at least two
other personsattesting that currently and during the year prior to the
contributor's application for benefits the whereabouts of the spouse are
unknown.
(3) A court order or
orders issued under section
3105.171 or
3105.65 of the Revised Code or
the laws of another state regarding the division of marital property requiring
the contributor to designate the maximum amount payable to a joint and survivor
beneficiary or beneficiaries.
(B) The requirement of spousal consent shall be waived if a member or contributor, who is married at the time of application, does both of the following:
(1)
The member
applies for age and service retirement under section
145.32,
145.33,
145.331,
145.332, or
145.46 of the Revised Code or
the contributor applies for a benefit under section
145.384 of the Revised
Code;
(2)
The member or contributor selects a joint-life plan
designating the spouse of the member or contributor as the beneficiary and the
percentage payable to the spouse after the death of the member or contributor
is fifty per cent or greater of the member's or contributor's lesser retirement
allowance or benefit.
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