Ohio Revised Code

Ohio Rev. Code § 148.01 (2026)

Deferred compensation program definitions

✓ current as of May 2026
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(A) As used in this chapter:

(1) "Eligible employee" means any public employee, as defined in division (A) of section 145.01 of the Revised Code; any person eligible to become a member of the public employees retirement system under section 145.20 of the Revised Code; any employee, as defined in division (C) of section 742.01, division (B) of section 3309.01, or division (A) of section 5505.01 of the Revised Code; any electing employee, as defined in section 3305.01 of the Revised Code; and any member of the state teachers retirement system.

(2) "Participant account" means any of the following accounts:

(a) An account that is maintained by the public employees retirement board and that evidences moneys that have been deferred by, or on behalf of, a continuing member or participating employee and transmitted to the board by the retirement system of the continuing member or participating employee;

(b) An account that is maintained by the governing board, administrator, depository, or trustee of a deferred compensation program of a municipal corporation and that evidences moneys that have been deferred by an officer or employee of that municipal corporation and transmitted to the governing board, administrator, depository, or trustee by the retirement system of the officer or employee or in another manner;

(c) An account that is maintained by a governing board, as defined in section 148.06 of the Revised Code, and that evidences moneys that have been deferred by an officer or employee of a government unit, as defined in that section, and transmitted to the governing board by the retirement system of the officer or employee or in another manner.

(3) "Participating employee" means any eligible employee who is having compensation deferred pursuant to either of the following:

(a) An agreement that is entered into before the compensation is earned and that is with the eligible employee's employer and the public employees retirement board;

(b) Automatic enrollment in the Ohio public employees deferred compensation program under section 148.042 of the Revised Code.

(4) "Continuing member" means any former participating employee who is not currently having compensation deferred, or the former participating employee's beneficiary, to whom payment has not been made of all deferred compensation distributions.

(B) Notwithstanding section 145.01 of the Revised Code, the definitions of that section are applicable to this chapter only to any extent necessary to fully understand the provisions of this chapter. Reference may also be had to Chapters 742., 3305., 3307., 3309., and 5505. of the Revised Code for that purpose.

Last updated July 22, 2025 at 10:58 AM

Notes of Decisions
Cited in 13 cases (6 in the last 5 years), 1980–2026 · leading case: Brandon v. Brandon, 2009 Ohio 3818 (Ohio Ct. App. 2009).
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Brandon v. Brandon, 2009 Ohio 3818 (Ohio Ct. App. 2009). · cites it 2× “the retirement benefits of the spouses, and that was acquired by either or both of the spouses during the marriage; (iii) Except as otherwise provided in this section, all income and appreciation on separate property, due to the labor, monetary, or in-kind contribution of either…”
Neville v. Neville, 2009 Ohio 3817 (Ohio Ct. App. 2009). · cites it 2× “the retirement benefits of the spouses, and that was acquired by either or both of the spouses during the marriage; (iii) Except as otherwise provided in this section, all income and appreciation on separate property, due to the labor, monetary, or in-kind contribution of either…”
Goswami v. Goswami, 787 N.E.2d 26 (Ohio Ct. App. 2003). · cites it 2× “enefits of the spouses, and that was acquired by either or both of the spouses during the marriage; {¶ 55} “(iii) Except as otherwise provided in this section, all income and appreciation on separate property, due to the labor, monetary, or in-kind contribution of either or both…”
Ott v. Ott, 2022 Ohio 2087 (Ohio Ct. App. 2022). · cites it 2× “e retirement benefits of the spouses, and that was acquired by either or both of the spouses during the marriage; 4 (iii) Except as otherwise provided in this section, all income and appreciation on separate property, due to the labor, monetary, or in-kind contribution of either…”
Gerzeny v. Richfield Twp., 405 N.E.2d 1034 (Ohio 1980). “See, generally, 5 Williams, American Land Planning Law, Sections 148.01 et seq.; Section 149.03. See Rathkopf, Law of Zoning and Planning (4 Ed.”
Carter v. Carter, 2024 Ohio 1046 (Ohio Ct. App. 2024). · cites it 2× “he retirement benefits of the spouses, and that was acquired by either or both of the spouses during the marriage; (iii) Except as otherwise provided in this section, all income and appreciation on separate property, due to the labor, monetary, or in- kind contribution of either…”
Wildman v. Wildman, 2012 Ohio 5090 (Ohio Ct. App. 2012). · cites it 2× “imited to, the retirement benefits of the spouses, and that was acquired by either or both of the spouses during the marriage; Except as otherwise provided in this section, all income and appreciation on separate property, due to the labor, monetary, or in-kind contribution of…”
Ward v. Ward, 2020 Ohio 3415 (Ohio Ct. App. 2020). · cites it 2× “to, the retirement benefits of the spouses, and that was acquired by either or both of the spouses during the marriage; (iii) Except as otherwise provided in this section, all income and appreciation on separate property, due to labor, monetary, or in-kind contribution of either…”
Swick v. Swick, 2020 Ohio 6884 (Ohio Ct. App. 2020). · cites it 2× “e retirement benefits of the spouses, and that was acquired by either or both of the spouses during the marriage; 5 (iii) Except as otherwise provided in this section, all income and appreciation on separate property, due to the labor, monetary, or in-kind contribution of either…”
Yarosz v. Montgomery, 2024 Ohio 652 (Ohio Ct. App. 2024). · cites it 2× “the retirement benefits of the spouses, and that was acquired by either or both of the spouses during the marriage; (iii) Except as otherwise provided in this section, all income and appreciation on separate property, due to the labor, monetary, or in-kind contribution of either…”
Shields v. Shields, 2024 Ohio 5979 (Ohio Ct. App. 2024). · cites it 2× “the retirement benefits of the spouses, and that was acquired by either or both of the spouses during the marriage; (iii) Except as otherwise provided in this section, all income and appreciation on separate property, due to the labor, monetary, or in-kind contribution of either…”
Ellyson v. Ellyson, 2025 Ohio 639 (Ohio Ct. App. 2025). · cites it 2× “24 CO 0026 – 11 – spouses, and that was acquired by either or both of the spouses during the marriage; (iii) Except as otherwise provided in this section, all income and appreciation on separate property, due to the labor, monetary, or in-kind contribution of either or both of…”
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