Ohio Code 3307.87 – Spousal consent or waiver
(A)(1) If a member participating in an STRS defined contribution plan is married at the time any benefits under the plan commence, benefits shall be paid in accordance with division (A)(2) of this section, unless the spouse has consented under division (C) of this section to a different form of payment or the spouse’s consent is waived under that division.
Terms Used In Ohio Code 3307.87
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Member: means any person included in the membership of the state teachers retirement system, which shall consist of all teachers and contributors as defined in divisions (B) and (D) of this section and all disability benefit recipients, as defined in section 3307. See Ohio Code 3307.01
- Property: means real and personal property. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
(2) The benefits described in division (A)(1) of this section shall be paid in the form of an annuity, which shall consist of the actuarial equivalent of the member’s benefits, in an amount that is payable for the life of the member and one-half of the amount continuing after the member’s death to the spouse for the life of the spouse.
(B) If a member participating in an STRS defined contribution plan is married at the time of the member’s death, any benefits that are payable to the member shall be paid to the member’s spouse, unless the spouse has consented under division (C) of this section to the designation of a different beneficiary or the spouse’s consent is waived under that division.
(C) Consent is valid only if it is evidenced by a signed statement that is witnessed by a notary public. Each plan may waive the requirement of consent if the spouse is incapacitated or cannot be located or for any other reason specified by the plan or in rules adopted by the state teachers retirement board. A plan shall waive the requirement of consent if a plan of payment that provides for payment in a specified amount continuing after the member’s death to a former spouse is required by a court order issued prior to the effective date of the member’s retirement under section 3105.171 or 3105.65 of the Revised Code or laws of another state regarding division of marital property.
Consent or waiver is effective only with regard to the spouse who is the subject of the consent or waiver.