Ohio Rev. Code » Chapter 145
Ohio Revised Code

Ohio Rev. Code § 145.43 (2026)

Designation or qualification of beneficiaries

✓ current as of May 2026
Find cases: SyfertCases citing this section ORCcodes.ohio.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar
Effective:
April 6, 2017
Latest Legislation:
House Bill 520 - 131st General Assembly
PDF:
Download Authenticated PDF
 

(A) As used in this section and in section 145.45 of the Revised Code:

(1) "Child" means a biological or legally adopted child of a deceased member. If a court hearing for an interlocutory decree for adoption was held prior to the member's death, "child" includes the child who was the subject of the hearing notwithstanding the fact that the final decree of adoption, adjudging the surviving spouse as the adoptive parent, is made subsequent to the member's death.

(2) "Parent" is a parent or legally adoptive parent of a deceased member.

(3) "Dependent" means a beneficiary who receives one-half of the beneficiary's support from a member during the twelve months prior to the member's death.

(4) "Surviving spouse" means an individual who establishes a valid marriage to a member at the time of the member's death by marriage certificate or pursuant to division (E) of this section.

(5) "Survivor" means a surviving spouse, child, or parent.

(6) "Accumulated contributions" has the meaning given in section 145.01 of the Revised Code, except that, notwithstanding that section, it does not include additional amounts deposited in the employees' savings fund pursuant to the version of division (C) of section 145.23 of the Revised Code as it existed immediately prior to April 6, 2007, or pursuant to section 145.62 of the Revised Code.

(B) Except as provided in division (C)(1) of section 145.45 of the Revised Code, should a member die before age and service retirement, the member's accumulated contributions and any applicable amount calculated under section 145.401 of the Revised Code, shall be paid to the person or persons the member has designated under section 145.431 of the Revised Code. A member may designate two or more persons as beneficiaries to be paid the accumulated account in a lump sum. Subject to rules adopted by the public employees retirement board, a member who designates two or more persons as beneficiaries shall specify the percentage of the lump sum that each beneficiary is to be paid. If the member has not specified the percentages, the lump sum shall be divided equally among the beneficiaries.

The last designation of any beneficiary revokes all previous designations. The member's marriage, divorce, marriage dissolution, legal separation, or withdrawal of account, or the birth of the member's child, or adoption of a child, shall constitute an automatic revocation of the member's previous designation. If a deceased member was also a member of the school employees retirement system or the state teachers retirement system and a survivor benefit may be paid under section 145.37, 3307.57, or 3309.35 of the Revised Code, the beneficiary last established among the systems shall be the sole beneficiary in all the systems.

If the accumulated contributions of a deceased member are not claimed by a beneficiary or by the estate of the deceased member within five years after the death, the contributions shall remain in the employees' savings fund or may be transferred to the income fund and thereafter shall be paid to the beneficiary or to the member's estate upon application to the board. The board shall formulate and adopt the necessary rules governing all designations of beneficiaries.

(C) Except as provided in division (C)(1) of section 145.45 of the Revised Code, if a member dies before age and service retirement and is not survived by a designated beneficiary, the following shall qualify, with all attendant rights and privileges, in the following order of precedence, the member's:

(1) Surviving spouse;

(2) Children, share and share alike;

(3) A dependent parent, if that parent takes survivor benefits under division (B) of section 145.45 of the Revised Code;

(4) Parents, share and share alike;

(5) Estate.

If the beneficiary is deceased or is not located within ninety days, the beneficiary ceases to qualify for any benefit and the beneficiary next in order of precedence shall qualify as a beneficiary.

Any payment made to a beneficiary as determined by the board shall be a full discharge and release to the board from any future claims.

(D) Any amount due a retirant or disability benefit recipient receiving a monthly benefit and unpaid to the retirant or recipient at death shall be paid to the beneficiary designated in writing duly executed on a form provided by the board, signed by the retirant or recipient, and filed with the board. If no such designation has been filed, or if the designated beneficiary is not located within ninety days, any amounts payable under this chapter due to the death of the retirant or recipient shall be paid in the following order of precedence to the retirant's or recipient's:

(1) Surviving spouse;

(2) Children, share and share alike;

(3) Parents, share and share alike;

(4) Estate.

The payment shall be a full discharge and release to the board from any future claim for the payment.

Any amount due a beneficiary receiving a monthly benefit and unpaid to the beneficiary at the beneficiary's death shall be paid to the beneficiary's estate.

(E) If the validity of marriage cannot be established to the satisfaction of the board for the purpose of disbursing any amount due under this section or section 145.45 of the Revised Code, the board may accept a decision rendered by a court having jurisdiction in the state in which the member was domiciled at the time of death that the relationship constituted a valid marriage at the time of death, or the "spouse" would have the same status as a widow or widower for purposes of sharing the distribution of the member's intestate personal property.

(F) As used in this division, "recipient" means an individual who is receiving or may be eligible to receive an allowance or benefit under this chapter based on the individual's service to a public employer.

If the death of a member, a recipient, or any individual who would be eligible to receive an allowance or benefit under this chapter by virtue of the death of a member or recipient is caused by one of the following beneficiaries, no amount due under this chapter to the beneficiary shall be paid to the beneficiary in the absence of a court order to the contrary filed with the board:

(1) A beneficiary who is convicted of, pleads guilty to, or is found not guilty by reason of insanity of a violation of or complicity in the violation of either of the following:

(a) Section 2903.01, 2903.02, or 2903.03 of the Revised Code;

(b) An existing or former law of any other state, the United States, or a foreign nation that is substantially equivalent to section 2903.01, 2903.02, or 2903.03 of the Revised Code.

(2) A beneficiary who is indicted for a violation of or complicity in the violation of the sections or laws described in division (F)(1)(a) or (b) of this section and is adjudicated incompetent to stand trial;

(3) A beneficiary who is a juvenile found to be a delinquent child by reason of committing an act that, if committed by an adult, would be a violation of or complicity in the violation of the sections or laws described in division (F)(1)(a) or (b) of this section.
Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1961–2025 · leading case: Hansford v. Pub. Employees Ret. Sys., 868 N.E.2d 708 (Ohio Ct. App. 2007).
Sort: Relevance Newest Treatment
Hansford v. Pub. Employees Ret. Sys., 868 N.E.2d 708 (Ohio Ct. App. 2007). · cites it 13× “Hansford’s survivor benefits to his surviving adult children pursuant to R.C. 145.43. {¶ 4} Appellant filed a complaint against OPERS, its board, and the estate of Mr.”
Ohio Pub. Employees Ret. Sys. v. Coursen, 806 N.E.2d 197 (Ohio Ct. App. 2004). · cites it 6× “45(C)(1) ], should a member die before age and service retirement, the member’s accumulated contributions, any deposits for purchase of additional annuity, any payment the member has made to restore previously forfeited service credit as provided in [R.”
State Ex Rel. Shisler v. Ohio Pub. Employees Ret. Sys., 2009 Ohio 2522 (Ohio 2009). · cites it 2× “145.451 provides for a lump-sum death benefit to the retiree’s beneficiary upon the retiree’s death.”
In Re Peacock, 292 B.R. 593 (Bankr. S.D. Ohio 2002). · cites it 2× “, Ohio Rev.Code Ann. § 145.43 (Anderson 2001) (defining "dependent” for purposes of determining qualifying beneficiaries of members of the Public Employees Retirement System); Ohio Rev.”
Ransier v. Pub. Employees Ret. Sys. (In Re Cottrill), 118 B.R. 535 (Bankr. S.D. Ohio 1990). · cites it 2× “…by Mr. Cottrill, upon his death pursuant to the express terms of the agreement between PERS and Mrs. Cottrill. See, O.R.C. § 145.43.”
Ware v. Ware, 2014 Ohio 2606 (Ohio Ct. App. 2014). “Regarding appellant's first issue, R.C. 145.43(B) states as follows in pertinent part: "Except as provided in division (C)(1) of section 145.”
Farmer v. Berry, 2012 Ohio 4940 (Ohio Ct. App. 2012). “32; rather, the case was about a beneficiary designation under R.C. 145.43, a statute inapplicable to the case at bar.”
In Re Est. of Larry, 590 N.E.2d 5 (Ohio Ct. App. 1990). · cites it 7× “Pursuant to R.C. 145.43, counsel for the son further desired to review all designation of beneficiaries and any other forms to determine if the decedent designated his estate as beneficiary or if the estate was deemed beneficiary pursuant to R.”
Jenkins v. Pub. Employees Ret. Sys., 176 N.E.2d 164 (Ohio Ct. App. 1961). · cites it 2× “On the date of the death of the member (July 20, 1959), Section 145.43, Revised Code, read, in part, as follows: “(A) Should a member die subsequent to June 14, 1951, and before retirement, his accumulated contributions and any payment he has made to restore previously-forfeited…”
Plymale v. Plymale, 2025 Ohio 911 (Ohio Ct. App. 2025). “, R.C. 145.43(D)(1); R.C. 145.45(A)(1). As we did in Schrader, unfortunately we must agree with the trial court’s conclusion and reject appellant’s request to impose a constructive trust that would be contrary to the statutory scheme.”
— Ohio Rev. Code § 145.43(B) — 4 cases
Ohio Pub. Employees Ret. Sys. v. Coursen, 806 N.E.2d 197 (Ohio Ct. App. 2004). “45(C)(1) ], should a member die before age and service retirement, the member’s accumulated contributions, any deposits for purchase of additional annuity, any payment the member has made to restore previously forfeited service credit as provided in [R.”
Hansford v. Pub. Employees Ret. Sys., 868 N.E.2d 708 (Ohio Ct. App. 2007). “Hansford’s survivor benefits to his surviving adult children pursuant to R.C. 145.43. {¶ 4} Appellant filed a complaint against OPERS, its board, and the estate of Mr.”
Ware v. Ware, 2014 Ohio 2606 (Ohio Ct. App. 2014). “Regarding appellant's first issue, R.C. 145.43(B) states as follows in pertinent part: "Except as provided in division (C)(1) of section 145.”
In Re Est. of Larry, 590 N.E.2d 5 (Ohio Ct. App. 1990). “Pursuant to R.C. 145.43, counsel for the son further desired to review all designation of beneficiaries and any other forms to determine if the decedent designated his estate as beneficiary or if the estate was deemed beneficiary pursuant to R.”
— Ohio Rev. Code § 145.43(C) — 1 case
Hansford v. Pub. Employees Ret. Sys., 868 N.E.2d 708 (Ohio Ct. App. 2007). “Hansford’s survivor benefits to his surviving adult children pursuant to R.C. 145.43. {¶ 4} Appellant filed a complaint against OPERS, its board, and the estate of Mr.”
— Ohio Rev. Code § 145.43(C)(1) — 1 case
Ohio Pub. Employees Ret. Sys. v. Coursen, 806 N.E.2d 197 (Ohio Ct. App. 2004). “45(C)(1) ], should a member die before age and service retirement, the member’s accumulated contributions, any deposits for purchase of additional annuity, any payment the member has made to restore previously forfeited service credit as provided in [R.”
— Ohio Rev. Code § 145.43(D) — 1 case
State Ex Rel. Shisler v. Ohio Pub. Employees Ret. Sys., 2009 Ohio 2522 (Ohio 2009). “145.451 provides for a lump-sum death benefit to the retiree’s beneficiary upon the retiree’s death.”
— Ohio Rev. Code § 145.43(D)(1) — 1 case
Plymale v. Plymale, 2025 Ohio 911 (Ohio Ct. App. 2025). “, R.C. 145.43(D)(1); R.C. 145.45(A)(1). As we did in Schrader, unfortunately we must agree with the trial court’s conclusion and reject appellant’s request to impose a constructive trust that would be contrary to the statutory scheme.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.