justicedao/ipfs_state_laws huggingface dataset:
459-005-0140 Permissible Actions Under A Fiduciary Document (1) After receipt by PERS of a Fiduciary Document meeting the requirements set forth in OAR 459-005-0110, the member’s fiduciary and the member (unless the member's fiduciary is a guardian or conservator) may execute any document required by PERS or perform any PERS related business that falls within the scope of the powers granted by the Fiduciary Document. (2) If the power to appoint a substitute member’s fiduciary is provided in the Fiduciary Document and is subsequently exercised by the member’s fiduciary, such appointment must be evidenced by a written document submitted to PERS containing: (a) The member’s fiduciary’s signature; (b) An express granting of all, or whatever portion of, the powers held by the member’s fiduciary that is being granted to the substitute member’s fiduciary; and (c) The signature and address of the substitute member’s fiduciary. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.005 - 238.715 History: PERS 6-2007, f. & cert. ef. 2-21-07 PERS 7-1996, f. & cert. ef. 11-12-96
459-005-0150 Effective Date of Fiduciary Document Rules OAR 459-005-0100 to 459-005-0140 shall be effective on the date they are adopted by the Public Employees Retirement Board (Board), and shall govern any documents submitted to PERS on or after the date these rules are adopted by the Board for the purpose of effecting the appointment of a member’s fiduciary or revoking a Fiduciary Document after such date, or until amended or repealed by the Board. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.005 - 238.715 History: PERS 6-2007, f. & cert. ef. 2-21-07 PERS 21-2005, f. & cert. ef. 11-1-05 PERS 7-1996, f. & cert. ef. 11-12-96
459-005-0180 Incapacity of Members, Beneficiaries, and Alternate Payees (1) Definitions. For purposes of this rule, "incapacitated" and "financially incapable" have the meanings given those terms in ORS 125.005. (2) Presumption of capacity. Unless demonstrated otherwise in accordance with the requirements of section (3) of this rule, PERS staff shall base its determinations on the presumption that all members, beneficiaries, and alternate payees are not incapacitated or financially incapable of making benefit decisions and executing any documents related to those decisions. (3) Process for overcoming presumption. If any party in interest challenges a staff determination in accordance with OAR 459-001-0030 through 459-001-0040 based on a claim of incapacity of a member, beneficiary, or alternate payee, PERS will reverse its previous determination only if the party presents an order or determination by a court with appropriate jurisdiction specifically directing PERS to do so, or such other relief as that court may direct. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.005 - 238.715 History: PERS 8-2003, f. & cert. ef. 7-2-03
459-005-0215 Transmittal of Remittances or Payments (1) For the purpose of this rule: (a) A "remittance" means the transfer of funds from a participating employer to the Public Employees Retirement Fund (PERF) which includes: (A) The contributions of both employer and employee members required in ORS 238.200 to 238.230 used to fund PERS benefits; (B) A PERS invoice for employee and/or employer contributions and associated late penalties; (C) Any lump sum transfer of funds in satisfaction of an employer liability; and (D) Other contributions to the PERF. (b) An "employer payment" means the transfer of funds from an employer to PERS for other than the PERF which includes, but is not limited to: (A) Contributions to the Deferred Compensation Program; (B) Administrative fees; or (C) Other employer liabilities. (c) A "member payment" means the transfer of funds from a member to the PERF for the purchase of service credit in PERS, restoration of a member's account or the satisfaction of an invoice for over payment of PERS benefits, other than administrative fees associated with a purchase or invoice. (d) A "remittance advice" means an itemized statement on PERS-approved form(s) that describes a remittance. (e) An "employer payment advice" means an itemized statement approved by PERS that describes an employer payment. (f) A "member-payment advice" means the copy of a PERS-prepared itemized statement of the member cost(s) for a purchase of service credit, the restoration of a member's account or an invoice for over payment of PERS benefits. (g) An "advice document" means the document referred to in subsections (d), (e) or (f) of this section. (2) The transmission of a remittance, an employer payment or a member payment shall be accompanied by a remittance advice or a payment advice, respectively. (3) The transmission of a remittance, an employer payment or a member payment to PERS shall be as follows: (a) The United State Postal Service (USPS); (b) A private express carrier as defined in ORS 293.660(2); (c) Other electronic funds transfer methods approved in advance by PERS. (4) A remittance or an employer payment shall be returned to the employer and shall be subject to late penalties, when applicable, if transmitted, without the corresponding advice document. (5) A remittance or an employer payment shall be returned to the employer and shall be subject to late penalties, when applicable, if transmitted, with or without the corresponding advice document, to any PERS office or other address not currently designated by PERS. (6) An advice document that is not accompanied by the transfer of funds, such as a corrected or supplemental remittance advice, may be transmitted as provided in section (3) of this rule or by use of: (a) Telephone facsimile communication (fax); (b) Electronic mail (e-mail) through the Internet; or (c) By use of the PERS web site on the Internet. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.005 - 238.750 History: PERS 21-2005, f. & cert. ef. 11-1-05 PERS 6-1999, f. & cert. ef. 11-22-99
459-005-0225 Requirement to Make Payments by Electronic Funds Transfer (1) As used in this rule, the following words and phrases have the following meanings: (a) “Electronic funds transfer” has the same meaning given the term in ORS 293.525. (b) “ACH credit” means the electronic funds transfer from the participating employer’s account, initiated by the participating employer and cleared through the Automated Clearing House (ACH) network for deposit to PERS. (c) “ACH debit” means the electronic funds transfer from the participating employer’s account, initiated by PERS and cleared through the ACH network to debit the participating employer’s account and credit the PERS account. (2) Participating employers are required to make all payments to PERS by means of electronic funds transfer (EFT). (3) On a form provided by PERS, participating employers shall authorize EFT payments to PERS, and submit the form to PERS by December 1, 2005. (a) The participating employer shall provide PERS with all information necessary to allow for EFT payments, including the method of EFT payment (ACH debit or ACH credit). (b) A participating employer must complete a new EFT authorization form to change the method of transfer or to update the employer’s account information. (4) ACH debits from a participating employer’s account will be processed on the third business day after the statement date and be effective on the fifth business day after the statement date. (5) Effective on and after January 1, 2006, a penalty shall be assessed equal to one percent of payments by participating employers made by means other than EFT. This penalty is in addition to any penalties incurred under ORS 238.705 and 238.710. (6) The PERS Executive Director will have the discretion to waive the penalty described in section (5) of this rule. The employer must submit any such requests in writing. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 293.525 History: PERS 5-2017, f. & cert. ef. 7-28-17 PERS 12-2005, f. & cert. ef. 7-5-05
459-005-0250 Recovery of Administrative Costs (1) Estimates. (a) Any active or inactive member within two years of eligibility for service retirement may request from PERS an estimate of service retirement benefits (estimate). (b) PERS shall provide a member with a maximum of two estimates in a calendar year at no cost. (c) PERS shall charge a fee of $60 for each estimate that exceeds the limit specified in subsection (b) of this section. (d) A fee charged under subsection (c) of this section must be paid in full before receipt of the requested estimate(s). Payment must be made by check or money order payable to the Public Employees Retirement System. (e) The provisions of subsections (a) to (d) of this section do not apply to current judge members during their term of office. (f) A disability estimate shall be provided to a member if a completed disability application is on file with PERS. A disability estimate is provided at no charge. (2) Verification of Retirement Data. (a) Pursuant to section 3, chapter 1, Oregon Laws 2010 and OAR 459-005-0040, PERS shall provide one verification of retirement data at no cost. (b) PERS shall charge a fee of $100 for each verification of retirement data provided to a member who has already received at least one verification. (c) A verification of retirement data that is reissued pursuant to OAR 459-005-0040(4)(e) is not subject to the fee established by this section. (d) A fee charged under subsection (b) of this section must be paid in full at the time the member submits a request for a verification of retirement data. Payment must be made by check or money order payable to the Public Employees Retirement System. (e) This section is effective on July 1, 2011. (3) Full cost purchases. If a member purchases retirement credit under section 2, chapter 971, Oregon Laws 1999, ORS 238.148, 238.157, 238.162, or 238.175, a fee of $145 shall be added to the cost of the purchase to cover the administrative costs incurred by PERS in processing the request. Statutory/Other Authority: ORS 238.650 & 238.610 Statutes/Other Implemented: ORS 238.610, OL 2010 & Ch. 1 History: PERS 3-2011, f. & cert. ef. 6-1-11 PERS 8-2009, f. & cert ef. 7-21-09 PERS 22-2004, f. & cert. ef. 9-22-04 PERS 22-2003, f. 12-15-03 cert. ef. 1-1-04
459-005-0260 Accounts Receivable — Fraud (1) PERS will investigate all suspected fraudulent activities in order to maintain the integrity and proper distribution of benefits. (2) PERS may pursue all available legal and administrative actions in fraud cases discovered under section (1) of this rule, including but not limited to: (a) Criminal prosecution under ORS Chapters 162, 164 and 165; or (b) Civil sanctions under ORS Chapter 180. Statutory/Other Authority: ORS 238.650 & 238A.450 Statutes/Other Implemented: ORS Ch. 238 & 238A History: PERS 5-2016, f. & cert. ef. 9-30-16
459-005-0300 Post-Doctoral Scholar (1) For purposes of this rule: (a) “Employing institution of education” means a public university listed in ORS 352.002 or the Oregon Health and Science University. (b) “Equivalent degree” means a terminal degree, the highest degree awarded in a given field of study, or a degree that under the facts and circumstances is equivalent to a doctoral degree. (c) “Post-doctoral scholar” means a person employed in a position that meets the requirements of section 1 of Chapter 569, Oregon Laws 2017, and this rule. (2) Under ORS 238.005(8)(f) and 238A.005(4)(i), post-doctoral scholars are not eligible for membership in the system. An employing institution of education is responsible for determining whether a person is employed as a post-doctoral scholar. An employing institution of education may classify a person as a post-doctoral scholar if: (a) The position requires a doctoral or equivalent degree; (b) The position is limited to a temporary and defined period of employment that shall not exceed five cumulative calendar years; and (c) A faculty member of the employing institution of education provides the post-doctoral scholar with clinical or academic research training under formal mentorship. (3) The post-doctoral scholar appointment shall be evidenced in writing by a letter of appointment, signed and dated by the post-doctoral scholar and the employing institution of education. (a) The letter of appointment and related documentation shall reflect the following information: (A) The duties and responsibilities of the training; and (B) The period of appointment with starting and ending dates. If any changes such as renewals, extensions or early terminations are made during the appointment, the period of appointment shall be updated to reflect such changes. (b) The letter of appointment shall be finalized no later than six months from the date of hire. (c) The employing institution of education shall provide PERS with a copy of the letter of appointment and related documentation upon request. (4) The provisions of this rule apply to persons hired on or after January 1, 2018. Statutory/Other Authority: ORS 238.650 & 238A.450 Statutes/Other Implemented: ORS 243.800, OL 2017, Ch. 569 History: PERS 1-2018, adopt filed 02/02/2018, effective 02/02/2018
459-005-0310 Date of Participation and Transfer of Employee Funds to the Optional Retirement Plan (1) Definitions. For the purposes of this rule: (a) “Member’s PERS account(s)” means any of the following accounts that PERS has established for the member: (A) A Tier 1 or Tier 2 member’s regular account established under ORS 238.250; (B) A Tier 1 or Tier 2 member’s variable account established under ORS 238.260; and (C) The member’s Individual Account Program (IAP) accounts established under ORS 238A.350 and 238A.353, to the extent the member is vested in those accounts. (b) “ Optional retirement plan” (ORP) means a retirement plan offered by a public university that is authorized under ORS 243.815, or an optional retirement plan offered by a community college that is authorized under ORS 341.551. (c) “ORP provider” means the public university or community college offering the ORP. (2) The effective date of an election by an administrative or academic employee of a public university , or an administrative employee of a community college, to participate in an ORP is the first day of the month following a period of six full calendar months of employment in the qualifying administrative or academic position. (a) Unless otherwise agreed upon, notice of the effective date of the election will be provided to PERS by the ORP provider within 30 days of the date of the election. (b) If the employee is a vested member of PERS who elects to transfer eligible funds consisting of amounts in the member’s PERS account(s) from PERS to the O RP pursuant to ORS 243.8 15 (6) or 341.551(5) , the ORP provider will forward to PERS copies of the employee’s signed ORP election form and the employee’s written transfer request as part of the notice required in subsection (a) of this section. (3) If an employee requests a transfer of eligible funds pursuant to section (2)(b) of this rule : (a) PERS must transfer the funds to the ORP within the 60-day period following the later of: (A) The effective date of the employee’s election to participate in the ORP; or (B) The effective date of the transfer. (b) The effective date of a transfer is the first of the month in which PERS completes reconciliation of the account to be transferred. (c) PERS may not transfer funds to the ORP if the member is concurrently employed by a nother PERS participating employer. Statutory/Other Authority: ORS 238A.450 & ORS 238.650 Statutes/Other Implemented: ORS 243.815 & ORS 341.551 History: PERS 6-2021, amend filed 07/23/2021, effective 07/23/2021 PERS 12-2015, f. & cert. ef. 11-20-15 PERS 10-2008, f. & cert. ef. 7-31-08 PERS 4-2005, f. and cert. ef. 1-31-05 PERS 3-1996, f. & cert. ef. 6-11-96
459-005-0400 General Applicability of Attorney General’s Model Public Contract Rules (1) When PERS has independent statutory authority to contract, and the Public Contracting Code does not apply, PERS adopts the following Attorney General’s Model Public Contract Rules to govern its contracting activity: (a) OAR chapter 137, division 46 — General Provisions Related to Public Contracting: 137-046-0100, 137-046-0110, 137-046-0200, 137-046-0252, and 137-046-0400 through 137-046-0480; and (b) OAR chapter 137, division 47 — Public Procurements for Goods or Services: 137-047-0100, 137-047-0260 through 137-047-0670, 137-047-0700 through 137-047-0760 (excluding provisions governing judicial review), and 137-047-0800. Judicial review of decisions relating to any protest is governed by the Oregon Administrative Procedures Act, ORS Chapter 183. (2) For PERS’ purposes, references in the Model Public Contract Rules to the Director of the Oregon Department of Administrative Services shall be applied as references to the PERS Executive Director. (3) Model Public Contract rules other than those identified in section (1) of this rule do not apply to PERS. Statutory/Other Authority: ORS 238.650, 238A.450 & 279A.065 Statutes/Other Implemented: ORS 279A & 279B History: PERS 13-2012, f. & cert. ef. 12-5-12
459-005-0506 Plan Compliance with Federal Statutes and Regulations (1) The purpose of administrative rules OAR 459-005-0500 to 459-005-0799 is to assure compliance with applicable federal statutes and regulations for governmental retirement plans qualified under the Internal Revenue Code (IRC) Section 401(a), and to implement ORS Chapters 238 and 238A by establishing limits on contributions and benefits under the Public Employees Retirement System (PERS). (2) Definitions in general for OAR 459-005-0500 to 459-005-0799: (a) “Member” shall have the same meaning as provided in ORS 238.005 with respect to members covered by ORS Chapter 238 and as provided in ORS 238A.005 with respect to members covered by ORS Chapter 238A. (b) "Employment" means service as an employee as defined in OAR 459-005-0001(12). (c) "Board" shall have the same meaning as provided in ORS 238.005. (d) "PERS" shall have the same meaning as provided in OAR 459-005-0001(24). (e) "Defined contribution plan (DC)" means a plan which provides for an individual account for each participant and for benefits based solely on the amount contributed to the participant's account, and any income, expenses, gains and losses, and any forfeitures of accounts of other participants which may be allocated to such participant's account. For purposes of IRC Section 414(k), the individual account program under ORS Chapter 238A shall be treated as a DC plan for the purposes of IRC Sections 72(d) and 415. (f) "Defined benefit plan (DB)" means a plan which is not a defined contribution plan. For purposes of IRC Section 414(k), the pension programs under ORS Chapters 238 and 238A shall be treated as part of a defined benefit plan for purposes of IRC Sections 72(d) and 415. (3) The provisions of this rule are effective on January 1, 2004. Statutory/Other Authority: ORS 238.630(3)(h), 238.305 & 238.650 Statutes/Other Implemented: ORS 238 History: PERS 8-2005, f. & cert. ef. 2-22-05 PERS 31-2004(Temp), f. & cert. ef. 12-15-04 thru 6-1-05 PERS 5-1999, f. & cert. ef. 11-15-99
459-005-0510 Cost-of-Living Adjustment (1) A cost-of-living adjustment (COLA) under ORS 238.360 and 238A.210 is calculated on an annual basis and may use up to three COLA methods that are blended into a COLA percentage rate, as follows: (a) Creditable service or retirement credit earned before May 1, 2013, will receive an annual COLA based on ORS 238.360 (2011) or 238A.210 (2011). (b) Creditable service or retirement credit earned on or after May 1, 2013, and before October 1, 2013, will receive an annual COLA based on Chapter 53, Oregon Laws 2013. (c) Creditable service or retirement credit earned on or after October 1, 2013, will receive an annual COLA based on ORS 238.360 (2013) or 238A.210 (2013). (2) The member’s prorated periods in section (1) of this rule will be multiplied by the appropriate annual COLA percentage for the same periods to determine the blended annual COLA percentage rate that is applied to a yearly allowance, pension, or benefit. The resulting annual COLA amount is divided by 12 to determine the adjustment to the monthly allowance, pension, or benefit. (3) A beneficiary’s annual COLA percentage rate will be based on the associated member’s creditable service time. (4) COLA increases end when the recipient is no longer eligible to receive a monthly allowance, pension, or benefit. Statutory/Other Authority: ORS 238.650 & 238A.450 Statutes/Other Implemented: ORS 238.360, 238.575, 238A.210 & OL 2013 & Ch. 53 History: PERS 10-2015, f. & cert. ef. 9-25-15 PERS 4-2014, f. & cert. ef. 3-31-14
459-005-0540 Permissive Service Credit (1) General Rule. If a member makes one or more after-tax contributions to PERS to purchase permissive service credit, then all such contributions by the member must satisfy one of the following limitations: (a) The annual benefit limitation under OAR 459-005-0535, Annual Benefit Limitation, determined by treating the accrued benefit derived from all of the member’s contributions to purchase permissive service credit as part of the member’s annual benefit; or (b) The annual addition limitation under OAR 459-005-0545, Annual Addition Limitation, determined by treating all of the member’s contributions to purchase permissive service credit annual additions. (2) Definition of Permissive Service Credit. “Permissive service credit” means service credit that satisfies the requirements in subsection (a) of this section and is not excluded under subsection (b) of this section. (a) Permissive service credit generally means service credit that: (A) Is recognized by PERS as the retirement credit for purposes of calculating a member’s benefits; (B) Has not previously been credited to the member; and (C) Is credited to the member only if the member makes a voluntary additional contribution in an amount calculated under the terms of the plan, which does not exceed the amount necessary to fund the benefit attributable to the purchased service credit. (b) Notwithstanding subsection (a) of this section, “permissive service credit” does not include: (A) Previously forfeited service that is reinstated under ORS 238.105 or 238.115; (B) Periods of military service that are purchased under ORS 238.156; or (C) Periods of nonqualified service that do not satisfy the requirements in section (3) of this rule. (3) Nonqualified Service. Nonqualified service purchased by a member shall be treated as permissive service credit only if the member purchases no more than five years of nonqualified service, and the member has at least five years of active membership before purchasing the nonqualified service. For this purpose, “nonqualified service” means any service other than the following: (a) Military service (other than military service purchased under ORS 238.156); (b) Service as an employee with one of the following employers, provided that the employee does not receive a retirement benefit from the same service under another plan: (A) A governmental employer; (B) A public, private, or sectarian school that provides elementary or secondary education; or (C) An association of governmental employees. (4) Retroactive Application. The provisions of this rule shall be applied retroactively to January 1, 1998. Statutory/Other Authority: ORS 238.630 & 238.650 Statutes/Other Implemented: ORS 238.005 - 238.715 History: PERS 5-1999, f. & cert. ef. 11-15-99