Benefit Changes Impact of Court Orders on Monthly Benefit
Generally, OPERS benefit payments are not subject to garnishment, attachment, bankruptcy, or any other legal process or assignment, except in the following situations:
- Federal tax levy
- Certain state court-ordered restitution withholding
- Court-ordered withholding for support resulting from a domestic relations or juvenile court proceeding
In the event OPERS receives one of these orders, the amount specified in the order will be withheld from your monthly benefit and sent to the agency responsible for the collection.
Division of Order
Benefit payments may also be subject to a division of property order as specified by Ohio Revised Code Sections 3105.80 through 3105.90, allowing OPERS to make direct payments to a former spouse (alternate payee) from a benefit payment being paid to an OPERS benefit recipient (participant). In the event the system receives one of these orders, the amount will be withheld and sent to the alternate payee.
If payment of a portion of a benefit recipient’s benefit is made to an alternate payee pursuant to a Division of Property Order (DPO), the cost-of-living increases granted while the DPO is in effect shall be apportioned between the alternate payee and the benefit recipient in the same proportion that the amount paid to the alternate payee under the DPO bears to the amount paid to the benefit recipient beginning on the benefit recipient’s next COLA anniversary date after Oct. 27, 2006.