justicedao/ipfs_state_laws huggingface dataset:
459-050-0065 Beneficiary Predeceases or Disclaims Benefit Purpose. The purpose of this rule is to establish the criteria and process that must be used if a beneficiary predeceases the participant, alternate payee, or surviving beneficiary who made the designation as provided in OAR 459-050-0060, or a beneficiary disclaims a death benefit. (1) Beneficiary predeceases or disclaims benefit. If one or more designated beneficiaries predecease the participant, alternate payee, or surviving beneficiary who made the designation as provided in OAR 459-050-0060, or if a designated beneficiary files a disclaimer as provided in section (2) of this rule, the beneficiary’s interest in the respective account will be distributed to any remaining surviving beneficiaries or contingent beneficiaries in proportion to each remaining beneficiary’s interest as defined by the deceased participant’s, alternate payee’s, or surviving beneficiary’s most recent designation of beneficiary on file with the Deferred Compensation Program. (2) Disclaiming beneficiary payment. If the Deferred Compensation Program receives written evidence to its satisfaction that a designated beneficiary has made a legally valid disclaimer, the benefit will be distributed as though the beneficiary died before the deceased participant, alternate payee, or surviving beneficiary. A disclaimer will be deemed valid if it complies with Oregon law and is an irrevocable and unqualified refusal by a beneficiary to accept any payment from the Deferred Compensation Program. However, a disclaimer is not effective until staff has received and reviewed it, and determined that the following conditions are satisfied: (a) The disclaimer must be executed before the beneficiary accepts or uses any death benefit payment; (b) The disclaimer must be in writing and signed by the disclaiming beneficiary; (c) The disclaimer must state an irrevocable and unqualified refusal to accept the benefit; (d) The disclaimer must have been filed with the Deferred Compensation Program administrator within nine months after the date of death of the participant, alternate payee, or surviving beneficiary or the date the disclaiming beneficiary attains 21 years of age, whichever is later; and (e) The disclaimer must provide for or allow the benefit to pass without any direction from the disclaiming beneficiary. Statutory/Other Authority: ORS 243.470 Statutes/Other Implemented: ORS 243.401 - 243.507 History: PERS 12-2002, f. & cert. ef.7-17-02
459-050-0076 In-Plan Roth Conversion (1) Definitions. For purposes of this rule: (a) “Distributee” means: (A) A Deferred Compensation Plan participant; (B) The surviving spouse of a deceased participant; or (C) The spouse or former spouse who is the alternate payee under a domestic relations order that satisfies the requirements of ORS 243.507. (b) “In-Plan Roth Conversion” means payment by the Deferred Compensation Program directly from the Deferred Compensation Account to the Designated Roth Account as instructed by the Distributee and in compliance with IRC Section 402A(c)(4). (2) Limitations. (a) If a Distributee elects an In-Plan Roth Conversion, the Distributee may not roll the money back to the Deferred Compensation Account at a later date. (b) Once completed, all balances from any In-Plan Roth Conversion shall be accounted for individually and separately within the Designated Roth Account. (3) 402(f) Notice and Election Procedure. (a) For a Distributee making an In-Plan Roth Conversion after severance of employment, the Deferred Compensation Program staff shall provide such Distributee with a written explanation of the direct rollover rules for any eligible distribution, as required by IRC Section 402(f). (b) An In-Plan Roth Conversion election shall be in writing and must be signed by the Distributee or by his or her authorized representative pursuant to a valid power of attorney. The election must be on forms furnished by the Deferred Compensation Program. Statutory/Other Authority: ORS 243.470 Statutes/Other Implemented: ORS 243.462 History: PERS 1-2015, f. & cert. ef. 1-8-15 PERS 15-2014, f. & cert. ef. 11-21-14 PERS 10-2012, f. & cert. ef. 5-24-12
459-050-0220 Distribution of an Alternate Payee Account (1) Commencement date of distribution. Subject to other requirements set forth in this division of administrative rules, a distribution to an alternate payee may commence earlier than the date an employee would be eligible to receive payments under the plan if and to the extent expressly provided for in the terms of any judgment of annulment or dissolution of marriage or of separation, or the terms of any court order or court-approved property settlement agreement incident to any judgment of annulment or dissolution of marriage or of separation. (2) Distribution options. Subject to the rules and regulations pertaining to required minimum distributions, the alternate payee may elect to receive payment in any manner available to the participant under the Deferred Compensation Plan and OAR 459-050-0080, without regard to the form of payment elected by the participant. (3) Application. The alternate payee must file an application for distribution, or request to change a distribution option with the Deferred Compensation Program at least 30 days before the requested date of the change or the distribution commencement date. (4) Life expectancy factor. The life expectancy of the alternate payee shall be used anytime the form of payment elected by the alternate payee is based on a life expectancy factor. (5) Tax liability. If the alternate payee is a spouse or former spouse, the alternate payee shall be solely responsible for the total amount of state and federal taxes at the time of distribution of an alternate payee's account effective January 1, 2002. If an alternate payee is someone other than the spouse or former spouse of the participant, the participant shall be solely responsible for the total amount of state and federal taxes at time of distribution of their alternate payee's account. Statutory/Other Authority: ORS 243.470 Statutes/Other Implemented: ORS 243.401 - 243.507 & OL 2007 Ch. 54 History: PERS 20-2007, f. & cert. ef. 11-23-07 PERS 9-2002, f. & cert. ef. 6-13-02 PERS 13-2001(Temp), f. 12-14-01, cert. ef. 1-1-02 thru 6-28-02
459-050-0230 Release of Information (1) Written release. Unless otherwise required by the Oregon Public Records Law in ORS Chapter 192, the Deferred Compensation Program must receive a signed participant’s release, as defined in OAR 459-050-0001, from the participant or the alternate payee before the Deferred Compensation Program may provide information pertaining to the participant’s or alternate payee’s account(s), beneficiary designations, distributions, or award information contained in any draft or final court order on record to any person other than the parties to the court order. A written authorization to release information is valid indefinitely, unless a specific end date is provided in the written statement. (2) Subpoena. Unless otherwise required by the Oregon Public Records Law in ORS Chapter 192, a subpoena for information available from the Deferred Compensation Program must be made out to the State of Oregon, Deferred Compensation Program. The Deferred Compensation Program reserves the right to object to any subpoena on the grounds that the subpoena fails to provide a reasonable time for preparation and travel, is otherwise unreasonable or oppressive, or that service was improper, in addition to any other basis legally available. To facilitate prompt processing, copies of subpoenas should be served at the Deferred Compensation Program office. Faxed subpoenas are not acceptable. Statutory/Other Authority: ORS 243.470 Statutes/Other Implemented: ORS 243.401 - 243.507 History: PERS 10-2012, f. & cert. ef. 5-24-12 PERS 11-2003, f. & cert. ef. 8-4-03 PERS 4-2002, f. & cert. ef. 3-26-02
459-050-0240 Deferred Compensation Program Notifications (1) Notification responsibility. The Deferred Compensation Program is a separate entity from other public employer retirement plans and deferred compensation plans, and notification to other plans does not constitute notice to the Deferred Compensation Program. Similarly, the Deferred Compensation Program is not responsible for notifying other plans of changes in participant or alternate payee information, such as changes in address, the receipt of an application for distribution, or the death of a Deferred Compensation Program participant or an alternate payee. (2) Receipt of a final court order. Deferred Compensation Program shall send written notification acknowledging receipt of a final court order to the submitting party and shall send a copy of the acknowledgment to the other persons named in the court order if mailing addresses are provided. (3) Tax reporting. The Deferred Compensation Program shall issue the applicable tax reporting forms directly to the recipient of any funds that are issued by the Deferred Compensation Program pursuant to a final court order for domestic relations purposes, and in a manner consistent with the Internal Revenue Code and Oregon law. (4) Annual statements. All alternate payees who are awarded a separate account in the Deferred Compensation Program shall be sent an annual statement on their account. Such statement will be sent to their last known address. Statutory/Other Authority: ORS 243.470 Statutes/Other Implemented: ORS 243.401–243.507 History: PERS 3-2022, amend filed 03/28/2022, effective 03/28/2022 PERS 9-2002, f. & cert. ef. 6-13-02 PERS 13-2001(Temp), f. 12-14-01, cert. ef. 1-1-02 thru 6-28-02
459-050-0250 Fee for Administration of a Court Order (1) Fee charged to participant and alternate payee. If the Deferred Compensation Program is required by a court order to segregate a participant’s account and create a separate account for an alternate payee(s), the Deferred Compensation Program shall charge the participant and the alternate payee actual and reasonable administrative expenses and related costs incurred by the Deferred Compensation Program in obtaining data and making calculations. (2) Fee calculation. The Deferred Compensation Program, when collecting administrative expenses and related costs, shall allocate those expenses and costs between the participant and the alternate payee on a pro-rata basis, based on the fraction of the account received by the participant or alternate payee. The Deferred Compensation Program may not charge the participant and alternate payee more than a combined total of $300.00 for administrative expenses and related costs incurred in obtaining data or making calculations. (3) Collection of fee. The fee shall be deducted out of the participant’s and alternate payee’s account(s) after the accounts have been separated per court order. (4) The fee that shall be charged for dividing the participant’s account may not be contingent on the number of days it takes for the Deferred Compensation Program to complete its review of any type of court order that is received by the Deferred Compensation Program. Statutory/Other Authority: ORS 243.470 Statutes/Other Implemented: ORS 243.401 - 243.507 History: PERS 10-2012, f. & cert. ef. 5-24-12 PERS 4-2002, f. & cert. ef. 3-26-02
459-060-0001 Definitions The words and phrases used in this Division have the same meaning given them in ORS Chapters 192, 238, 238A and OAR 459-005-0001. Specific and additional terms used in this Division are defined as follows unless context requires otherwise: (1) “Medical records” means any reports, letters, or notes containing information regarding a member’s health condition (mental or physical), or ability to perform any work. (2) “Member” means an employee of a PERS participating employer, a PERS member as defined in ORS 238.005 or 238A.005, a former PERS member, the beneficiary of a PERS member, an alternate payee as defined in ORS 238.465, or the beneficiary of an alternate payee. (3) “Public disclosure” means disclosure of information to any individual other than the member or an individual who is legally authorized to act on behalf of the member as to PERS matters. (4) “Requestor” means a person requesting disclosure of public records. Statutory/Other Authority: ORS 192.430, 192.502, 238.650 & 238A.450 Statutes/Other Implemented: ORS 192.410 - 192.505 History: PERS 12-2008, f. & cert. ef. 7-31-08 PERS 16-2003, f. & cert. ef. 12-15-03 PERS 8-1996, f. & cert. ef. 11-12-96
459-060-0030 Disclosure of Records Without Consent (1) Records otherwise exempt from disclosure will be released in compliance with a judicial order, or pursuant to a valid subpoena or administrative order, or as necessary to comply with applicable federal and state tax reporting requirements. (2) In the case of a medical emergency, medical records otherwise exempt from disclosure will be released only to the extent necessary where there is a clear and immediate danger to the well-being of a member, or a former member, or their surviving dependent(s). A medical emergency exists if a person is injured or, because of some other physical or mental condition, the person is unconscious, delirious or otherwise unable to convey consent. (3) Notwithstanding OAR 459-060-0020, records will be disclosed to the extent required by ORS 192.311 to 192.431. Statutory/Other Authority: ORS 192.355 & 238.650 Statutes/Other Implemented: ORS 192.311 - 192.431, 237.410 - 237.520, 237.610 - 237.620, 237.950 - 237.980 & 238 History: PERS 14-2022, minor correction filed 08/12/2022, effective 08/12/2022 PERS 8-1996, f. & cert. ef. 11-12-96
459-060-0050 Request for Benefit Estimate Unless otherwise required by a judicial order or valid subpoena, or expressly authorized in writing by the affected active or inactive member, as defined in ORS 238.005(7), PERS shall not provide an estimate of a potential service or disability retirement allowance to anyone other than the member. Statutory/Other Authority: ORS 192.355 & 238.650 Statutes/Other Implemented: ORS 192.311 - 192.431, 237.410 - 237.520, 237.610 - 237.620, 237.950 - 37.980 & 238 History: PERS 15-2022, minor correction filed 08/12/2022, effective 08/12/2022 PERS 8-1996, f. & cert. ef. 11-12-96
459-075-0010 Eligibility and Membership (1) Eligibility. An employee who is employed in a qualifying position on or after August 29, 2003 by an employer participating in the OPSRP Pension Program is eligible to become a member of that program , and maintain such membership, unless the employee: (a) Has established membership in the PERS Chapter 238 Program before August 29, 2003 under the terms of ORS 238A.025 and has not terminated membership in that program under ORS 238.095; (b) Is a judge member as defined in ORS 238.500; (c) Elects to participate in an optional or alternative retirement plan as provided in ORS Chapters 237, 243, 341, or 353; or (d) Is otherwise ineligible for membership. (2) Establishing Membership: (a) An employee who meets the requirements in section (1) of this rule becomes a member of the OPSRP Pension Program on the first day of the calendar month following the employee's completion of a waiting period of six full calendar months of service in a qualifying position with the same participating public employer. The six full calendar months of service may not be interrupted by more than 30 consecutive working days. (b) The waiting period begins on: (A) The date the employee is hired, and includes the month of hire as a full calendar month, if the date of hire is the first business day of the month; (B) The first day of the month following the date of hire; or (C) The first day of the month following the end date of an interruption of service of more than 30 consecutive working days. (c) In the event an employee is on an official leave of absence as described in OAR 459-005-0015, the period of absence shall not constitute an interruption of the waiting period under subsection (a) of this section. The waiting period shall be extended by the length of the leave of absence. (d) Absence from service by an educational employee during periods that the employing educational institution is not in session shall not constitute an interruption of the waiting period under subsection (a) of this section. (3) The provisions of this rule are retroactive to November 23, 2007. Statutory/Other Authority: ORS 238A.450 Statutes/Other Implemented: ORS 238A.025, ORS 238A.100 & OL 2007 Ch. 769 History: PERS 4-2026, minor correction filed 02/24/2026, effective 02/24/2026 PERS 6-2021, amend filed 07/23/2021, effective 07/23/2021 PERS 13-2014, f. & cert. ef. 9-29-14 PERS 13-2008, f. & cert .ef. 7-31-08 PERS 17-2007, f. & cert. ef. 11-23-07 PERS 8-2006, f. & cert. ef. 4-5-06 PERS 4-2004, f. & cert. ef. 2-18-04
459-075-0020 Termination of OPSRP Pension Program Membership (1) As of July 1, 2020, withdrawal from the OPSRP Pension Program is no longer available. (2) A member who withdraws from the Individual Account Program (IAP) under ORS 238A.375 terminates membership in the OPSRP Pension Program as of the effective date of IAP withdrawal. (3) A member who withdraws from the IAP forfeits any service performed by the member before the date of the separation and may not use that service for any purpose including, but not limited to, establishing membership under ORS 238A.100, vesting under ORS 238A.115, and the accrual of retirement credit under ORS 238A.140, 238A.150, or 238A.155. (4) In the event the member’s IAP withdrawal is canceled under OAR 459-080-0020(7) and the member’s membership is restored, the member’s OPSRP Pension Program membership will also be restored. Statutory/Other Authority: ORS 238A.450 Statutes/Other Implemented: ORS 238A.120 & OL 2007 Ch. 52 History: PERS 9-2020, amend filed 06/23/2020, effective 06/23/2020 PERS 3-2016, f. & cert. ef. 5-27-16 PERS 16-2007, f. & cert. ef. 11-23-07
459-075-0030 Calculation of Overtime for Purposes of Final Average Salary (1) For purposes of calculating final average salary, a member's salary shall not include any amounts attributable to hours of overtime that exceed the average number of hours of overtime for the same employee class. (2) The average number of hours of overtime for an employee class shall be determined by the employer based on a reasonable expectation of the average number of hours of overtime employees in that class would perform over the course of a calendar year. The employer shall maintain records of the average number of hours of overtime for each employee class for each calendar year and provide those records to PERS upon request. (3) Under the provisions of ORS 238A.130(4) the Oregon Department of Administrative Services shall establish by rule more than one overtime average for a class of state employees based on the geographic placement of the employees. Statutory/Other Authority: OL 2003 Ch. 733 Statutes/Other Implemented: OL 2003 Ch. 733 History: PERS 4-2006, f. & cert. ef. 4-5-06 PERS 25-2003, f. 12-30-03 cert. ef. 1-1-04
459-075-0040 OPSRP Service Retirement Application Requirements (1) For PERS to process a service retirement application, a person must provide the following necessary information within 85 days of the effective retirement date requested on the application: (a) Member’s date of birth, including documentary evidence pursuant to OAR 459-013-0040. (b) Member’s Social Security Number or Individual Taxpayer Identification Number. (c) Member’s current address. (d) Signed certification of marital status. If the member is: (i) Married, the member’s spouse must also sign the certification. (ii) Married and selects a non-survivorship option or designates someone other than the member’s spouse as the beneficiary: (A) The member’s spouse must consent to the benefit option and designated beneficiary; and (B) The member’s spouse’s signature must be notarized. (e) When member has elected a survivorship benefit, beneficiary’s date of birth and documentary evidence required pursuant to OAR 459-013-0040. (2) If PERS does not receive the information listed in (1) within the designated time frame, or the person has received the maximum number of extensions under (3), PERS will discontinue processing the incomplete application and the person must submit a new application. (3) If a person is unable to provide the information required in (1) within the established time frame, the person may request an extension of time to provide the information. (a) The request must be in writing. (b) The request must be received by PERS by the 85th day after the effective date of retirement date requested on the application, or the current anticipated effective retirement date. (c) The member’s requested or anticipated effective retirement date will be adjusted to the first of the next month following the original requested or current anticipated effective retirement date. (d) The new effective retirement date established in (3)(c) will be the member’s current anticipated effective retirement date; and (e) The member may request up to three extensions per service retirement application. Statutory/Other Authority: ORS 238A.450 Statutes/Other Implemented: ORS 238A.025, ORS 238A.100 & IRC 401(a)(9) History: PERS 2-2025, adopt filed 03/31/2025, effective 03/31/2025
459-075-0060 Vesting in the OPSRP Pension Program For the purpose of determining vesting under ORS 238A.115(1)(a): (1) Hours of service performed for all participating public employers during a calendar year are included. (2) Hours of service performed during the six-month period required to establish membership under ORS 238A.100 are included. (3) For calendar years beginning on or after January 1, 2004, hours of service will be determined based on hours reported to PERS by the member’s employer(s) pursuant to OAR 459-070-0100. (4) An eligible employee first employed by a participating public employer on or after August 29, 2003 and before January 1, 2004 is presumed to have performed less than 600 hours of service in calendar year 2003 unless records provided to PERS establish that the eligible employee performed at least 600 hours of service in the calendar year. (5) Hours of service attributable to periods of active membership before termination of membership under ORS 238.095 and hours of service excluded under ORS 238A.120 and 238A.145 may not be included. (6) An eligible employee who has established membership in the OPSRP Pension Program but has not vested in that program prior to becoming a judge member, as defined in ORS 238.500(3), may use hours of service worked as a judge member solely for the purpose of vesting in the OPSRP Pension Program so long as: (a) The membership of the person has not been terminated under the provisions of ORS 238.545 or 238A.110; and (b) The judge member’s effective date of retirement is on or after January 1, 2018. Statutory/Other Authority: ORS 238A.450 Statutes/Other Implemented: ORS 238A.010 & 238A.115 History: PERS 9-2018, amend filed 08/03/2018, effective 08/03/2018 PERS 1-2012, f. & cert. ef. 2-1-12 PERS 9-2009, f. & cert. ef. 7-21-09