justicedao/ipfs_state_laws huggingface dataset:
441-930-0350 Funeral and Cemetery Consumer Protection Trust Fund (1) The director shall order restitution from the Funeral and Cemetery Consumer Protection Trust Fund when the following conditions are met: (a) A claim for restitution is submitted to the director on forms supplied by the director accompanied by: (b) A copy of the prearrangement or preconstruction contract; (c) Copies of canceled checks or payment receipts demonstrating payment; (d) Correspondence with the provider concerning attempts to obtain repayment; and (e) Any other information the claimant believes may be helpful to document the claim. (2) The director will review the claim form and accompanying documentation to determine if a loss was incurred by the claimant on a prearrangement or preconstruction sales contract. (3) Sufficient funds must be available in the Funeral and Cemetery Consumer Protection Trust Fund to pay the claim. (4) The director shall provide written notice of its intent to order restitution or not to order restitution to the maker of the claim and to the person or entity that is the subject of the claim. Statutory/Other Authority: ORS 97.926 & 97.945 Statutes/Other Implemented: ORS 97.945 History: FCS 14-2010, f. 12-30-10, cert. ef. 1-1-11 FCS 2-2006, f. & cert. ef. 2-22-06 FCS 3-2004, f. & cert. ef. 9-30-04 DO 1-2002, f. & cert. ef. 1-10-02, Renumbered from 440-300-0350
441-930-0360 Surety Bond Requirements for Endowment Care Cemeteries (1) If a surety bond is revoked, or otherwise terminated, the endowment care cemetery must immediately file a replacement bond. Failure to send the notice at least 30 days in advance will not preclude the endowment care cemetery from being subject to the provisions of ORS 97.923 to 97.949 and 692.180. (2) An endowment care cemetery may cancel the surety bond or letter of credit upon 30 days advance notice to the director of completion of the covered construction of all crypts and niches or burial vaults or markers that were part of the development. Statutory/Other Authority: ORS 97.926 Statutes/Other Implemented: ORS 97.929 History: FCS 14-2010, f. 12-30-10, cert. ef. 1-1-11 FCS 2-2006, f. & cert. ef. 2-22-06 FCS 3-2004, f. & cert. ef. 9-30-04 DO 1-2002, f. & cert. ef. 1-10-02, Renumbered from 440-300-0360
459-001-0000 Notice of Proposed Rule Prior to adoption, amendment or repeal of any permanent rule, the Public Employees Retirement System (PERS) shall give notice of the intended action: (1) In the Secretary of State’s Bulletin referred to in ORS 183.360, at least 21 days before the effective date of the intended action. (2) By emailing, or sending via postal mail if the recipient has elected that option, notice to persons and organizations on the PERS mailing list established pursuant to ORS 183.335(8), at least 28 days before the effective date of the intended action. An interested person or organization may request to be placed on the PERS mailing list by submitting a request to the agency Administrative Rules Coordinator. (3) By emailing notice to the Director of the Department of Administrative Services and, to the extent identified, affected participating public employers in the System, at least 28 days before the effective date of the intended action. (4) By emailing notice to the legislators specified in ORS 183.335(15), at least 49 days before the effective date of the intended action. Statutory/Other Authority: ORS 183.335 & 238.650 Statutes/Other Implemented: ORS 183.335 History: PERS 2-2016, f. & cert. ef. 1-29-16 PERS 14-2004, f. & cert. ef. 6-15-04 PERS 3-1994, f. & cert. ef. 5-10-94 PER 1-1982, f. 11-22-82, ef. 1-1-83 PER 4-1981, f. & ef. 1-15-81 PER 13, f. & ef. 10-26-76
459-001-0005 Model Rules of Procedure The Attorney General’s Model Rules of Procedure under the Administrative Procedures Act, as adopted and effective January 31, 2012, are adopted as rules of procedure of the Public Employees Retirement Board, except as modified by other rules of the Board. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Oregon Public Employees Retirement System.] Statutory/Other Authority: ORS 183.341, 237.470, 238.650, 238A.450 & 243.470 Statutes/Other Implemented: ORS 237.410 - 237.620, chapters 238, 238A & 243.401-243.507 History: PERS 5-2014, f. & cert. ef. 3-31-14 PERS 7-2008, f. & cert. ef. 4-4-08 PERS 10-2006, f. & cert. ef. 6-26-06 PERS 25-2004, f. 11-23-04, cert. ef. 12-1-04 PERS 11-2001, f. 12-14-01, cert. ef. 1-1-02 PERS 4-2000, f. & cert. ef. 7-14-00 PERS 1-1998, f. & cert. ef. 3-16-98 PERS 3-1995, f. 11-14-95, cert. ef. 11-15-95 PERS 4-1994, f. & cert. ef. 5-10-94 PERS 1-1992, f. & cert. ef. 1-14-92 PERS 2-1990, f. & cert. ef. 1-8-90 PER 1-1986, f. & ef. 7-7-86 PER 1-1980, f. & ef. 2-15-80 PER 2-1978, f. & ef. 11-2-78 PER 13, f. & ef. 10-26-72, Renumbered from 459-030-0005 PER 12, f. 3-14-74, ef. 4-11-74 PER 11, f. 4-18-72, ef. 5-1-72
459-001-0025 Delegation to Director and Staff (1) The Director is hereby authorized to take all action necessary or desirable to administer the system including but not limited to: (a) Design application and other forms; (b) Act on any application for refund of contributions; crediting service, correction of records, retirement for disability or service, and death benefits and allowances; (c) Calculate and authorize payment of refunds, allowances or benefits except as provided in OAR chapter 459, division 15; (d) Require medical, vocational or other professional examinations of disability retirement benefits applicants and recipients; (e) Reinstate persons from disability retirement upon the Director’s determination that disability does not exist; and (f) Initially review, grant or deny petitions for reconsiderations. The Director may deny any petition: (A) Which does not contain specific grounds for reconsideration; or (B) Regarding which there is no bona fide dispute of material fact, the pertinent statutes and rules are clear in their application to the facts and there was no material administrative error. (g) Define and settle administrative and court litigation. (h) Contract with and retain consultants, brokers, or other advisory personnel in order to assist in performing the functions of the Board under ORS 238.410. (2) The Director may refer any matter to the Board or to an administrative law judge for a contested case or other hearing. (3) The Director is hereby authorized to delegate to subordinates the authority to take any action on the Director’s behalf. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 183.413 - 183.470 & 183.482 History: PERS 6-2024, amend filed 10/04/2024, effective 10/04/2024 PERS 3-2012, f. & cert. ef. 3-28-12 PERS 21-2005, f. & cert. ef. 11-1-05 PERS 4-1990, f. & cert. ef. 3-26-90
459-001-0035 Contested Case Hearing (1) Request for a contested case hearing. To obtain review of any determination made under OAR 459-001-0030 or 459-001-0032 for which a contested case hearing has not been held, the party must file with the Board a request for a contested case hearing. The request must be filed within 45 days following the date of the Director's determination. (2) Informal conferences. Informal conferences are available as an alternative means that may achieve resolution of any matter under review. A request for an informal conference does not relieve a person of the requirements for timely filing of a request for a contested case hearing. (3) Criteria for request. The request for a contested case hearing must be in writing and set forth: (a) A description of the determination for which review is requested; (b) A short statement of the manner in which the determination is alleged to be in error; (c) A statement of facts that are the basis of the request; (d) Reference to applicable statutes, rules or court decisions upon which the requester relies; (e) A statement of the action the request seeks; and (f) A request for a hearing. (4) The Director, or an administrator appointed by the Director, may direct the staff to schedule a formal contested case hearing or develop a recommendation to deny the member's request to be presented to the Board. The Board may deny a request for a hearing when it has decided, in consultation with legal counsel, that the Board has no authority to grant the relief requested. (5) Contested case hearings are referred to the Office of Administrative Hearings for a hearing pursuant to OAR 137-003-0515, unless the matter is resolved prior to the referral. The hearing must be conducted in accordance with the Attorney General's Model Rules of Procedure. Parties to the hearing will include the requester, any other person named as a party, and any other person who petitions to participate and is determined to have an interest in the outcome of the proceeding. (6) The Board may deliberate and decide on final orders at any time and place allowed by law, as determined on a case-by-case basis, such as electronically or via a telephone conference. (7) In contested cases where the agency is upholding the administrative law judge’s proposed order, the Director or Deputy Director may issue the final order after the Board has had an opportunity for review. Statutory/Other Authority: ORS 238.650, 183.464 & 183.600 - 183.690 Statutes/Other Implemented: ORS 183.413 - 183.470 History: PERS 17-2025, amend filed 12/05/2025, effective 12/05/2025 PERS 11-2022, amend filed 07/22/2022, effective 07/22/2022 PERS 2-2008, f. & cert. ef. 4-2-08 PERS 11-2006, f. & cert. ef. 6-26-06 PERS 21-2005, f. & cert. ef. 11-1-05 PERS 10-2001, f. 12-14-01, cert. ef. 1-1-02 PERS 4-1990, f. & cert. ef. 3-26-90
459-001-0040 Petitions for Reconsideration (1) Petition for reconsideration. Before initiating any judicial review of a final order in a contested case, a party may file with the Board a petition for reconsideration. If the party chooses to file a petition, it must be filed within 60 days following the date the order becomes final. Written argument from a petitioner must be submitted with the petition. (2) Board action. The Board may either grant or deny a petition for reconsideration within 60 days of filing. If the Board does not grant or deny the petition within 60 days of filing, the petition shall be deemed denied. (3) Staff action. If the petition for reconsideration is granted, the Board must enter a new final order in accordance with OAR 137-003-0675 and may consider written argument from the Director on the merits of the petition. The Board may schedule oral argument in its discretion. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 183.413 - 183.470 & 183.482 History: PERS 2-2008, f. & cert. ef. 4-2-08 PERS 11-2006, f. & cert. ef. 6-26-06 PERS 10-2001, f. 12-14-01, cert. ef. 1-1-02 PERS 4-1990, f. & cert. ef. 3-26-90
459-001-0090 Statement of Intention and Understanding Unless specifically expressed to the contrary, no rule adopted by the Board, nor the amendment or revocation of an existing rule, after the effective date of this rule is intended to or shall be construed or relied upon to create any contractual right. Statutory/Other Authority: 238.650 Statutes/Other Implemented: ORS 237.410 - 637, 238.005 - 715 & 243.401 - 507 History: PERS 8-2002, f. & cert. ef. 6-13-02
459-005-0005 Amendments to Retirement Law (1) Any changes in benefit calculation or any benefit enhancement established by legislative amendment that affects the Public Employees Retirement System shall apply to members or their beneficiaries, or alternate payees or their beneficiaries, whose effective date of benefits is on or after the effective date of the amendment, unless otherwise specifically provided by law. (2) Any increase in service or disability retirement benefits, to or on account of any person who has retired as a member of the system, established by amendment to law affecting the Public Employees Retirement System shall apply to either retired members or their beneficiaries, or alternate payees or their beneficiaries, as of the first of the calendar month following the effective date of such amendment, unless otherwise specifically provided by law. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.005 - 238.585 History: PERS 11-1998, f. & cert. ef. 12-17-98 PERS 1-1996, f. & cert. ef. 3-26-96, Renumbered from 459-010-0085 PER 8, f. 12-15-55
459-005-0010 Public Employees Retirement Fund, A Trust (1) The purpose of ORS 238.660 is to ensure that the Public Employees Retirement Fund (PERF) is for the exclusive benefit of PERS members and the members' beneficiaries. If any other provision of an OAR imposes a requirement upon the PERF contrary to ORS 238.660, 238.660 and this rule shall prevail and be the controlling factor for any Board or staff action. (2) Pursuant to ORS 238.660, the PERF is a trust fund, separate and distinct, for the sole and exclusive use of the members and their beneficiaries as set forth in ORS 238.005 to 238.750 and 237.950 to 237.980, unless otherwise specifically provided by law. All moneys, regardless of source, paid into the PERF, are to be used exclusively for the purposes set forth in ORS 238.005 to 238.750 and 237.950 to 237.980, unless otherwise specifically provided by law. All moneys and income earned thereon shall remain in the PERF except: (a) As otherwise provided in ORS 238.005 to 238.750 and 237.950 to 237.980; or (b) For any laws of the State of Oregon specifically authorizing the investment of moneys from the PERF for the purposes enhancing the value of the PERF. (3) The State of Oregon, any political subdivision of the State of Oregon, any municipal or public corporation, any instrumentality thereof, and any agency created by two or more political subdivisions shall have no proprietary interest in PERF or any contributions made to PERF and may not claim or reclaim any contributions other than provided for in ORS 238.660. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.660 History: PERS 21-2005, f. & cert. ef. 11-1-05 PERS 11-1998, f. & cert.ef. 12-17-98
459-005-0012 Membership of Academic Employees of Community College and Public Universities (1) For purposes of this rule, an “academic employee” of a community college or a public university means an instructor who teaches classes offered for college-approved credit, or on a non-credit basis. (2) Librarians, counselors, and aides in non-teaching positions, tutors, or other non-teaching faculty, and classified, professional or nonprofessional support staff are not academic employees for the purposes of ORS 238.074 or 238A.142. (3) Effective January 1, 2024, each hour for lecture time or classroom time shall be converted to 2.67 hours of employment. Other hours of employment shall be reported with no conversion. (4) Each community college or public university shall determine who is an academic employee in its employ under this rule. In making that determination, the employing community college or public university shall consider all disciplines (academic activity) collectively when an employee’s assignment includes multiple disciplines. (5) For academic employees concurrently employed in an academic and a non-academic position in one or more community colleges during an academic year, the combination of academic and non-academic duties shall be considered in determining eligibility for membership pursuant to ORS 238.015 or ORS 238A.100. (6) Upon request by PERS, the employer shall submit an official copy of the employee’s position description or other employment document that describes the employee’s duties and disciplines to support their determination under subsection (4) of this rule. (7) Employment of retired members of the system in academic or non-academic positions is subject to the limitations in ORS 238.082 or ORS 238A.245. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.074, 238A.142 & House Bill 2740 (2023) History: PERS 5-2024, adopt filed 04/01/2024, effective 04/01/2024
459-005-0025 Student Employee (1) Under ORS 238.015(4) and 238A.005(4)(d), student employees are not eligible for membership in the system by reason of their student employment. A participating employer is responsible for determining whether a person is ineligible for membership in the system because the person is a student employee. (2) As used in this rule: (a) The term “school” includes the following public and private educational institutions: a charter school, an elementary school, a middle school, a junior high school, a high school, a community college, an institution of higher education, an Oregon education service district, and the Oregon State School for the Deaf. (b) The term “enrolled at least half-time” means that the person is enrolled in a school as a student on at least a half-time basis, as determined by the school in which enrolled. (3) A participating employer may designate a person as a student employee if: (a) The person is enrolled at least half-time in a school; and (b) The employment is principally related to the person’s status as a student, or for the purpose of furthering the person’s education as a student, e.g. a work-study program, student internship program, etc. (4) A participating employer may not designate a person as a student employee, and must evaluate whether the person is an employee eligible for membership in the system (as determined under OAR 459-005-0020) if: (a) The person is not enrolled at least half-time in a school; and (b) The person’s employment is not principally related to the person’s status as a student, or for the purpose of furthering the person’s education as a student. (5) If a person qualifies as a student employee under section (3) of this rule, the person may be designated as a student employee during a temporary break that does not exceed an academic quarter or semester, if the student employee has notified the employer of their intent to resume at least half-time enrollment following the break. (6) For a person whose student employee status varies from time to time, the person’s principal status during the school year shall be used in determining whether a person is an ineligible student employee or an eligible employee for that school year. Statutory/Other Authority: ORS 238.650 & ORS 238A.450 Statutes/Other Implemented: ORS 238.015(4) & ORS 238A.005(4) History: PERS 4-2023, minor correction filed 02/07/2023, effective 02/07/2023 PERS 4-2019, adopt filed 05/31/2019, effective 05/31/2019
459-005-0030 Payments of Sums to Persons Entitled Thereto Retirement allowances, contribution refunds, or any other sums shall be paid directly to any one thereto entitled under the provisions of the Retirement Law, regardless of any claim maintainable against such sum thereafter in the hands of the recipient. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238 History: PERS 1-1996, f. & cert. ef. 3-26-96, Renumbered from 459-010-0140 PER 8, f. 12-15-55
459-005-0060 Standards for the Adoption of New Actuarial Equivalency Factors (1) When the Board adopts actuarial equivalency factors pursuant to OAR 459-005-0055(3), the Board must consider: (a) Changes in mortality to reflect the best actuarial information on mortality available at the time that new actuarial tables are adopted; and (b) Changes in the assumed rate adopted by the Board for the latest actuarial valuation if they are determined by the Board, in consultation with the PERS actuary, to be statistically significant. (2) The mortality tables must be combined with respect to gender and membership classification to derive unisex actuarial equivalency factors. The blending of the mortality assumptions shall be performed by the Board's consulting actuary in accordance with generally recognized and accepted actuarial principles and practices. Statutory/Other Authority: ORS 238.630 & 238.650 Statutes/Other Implemented: ORS 238.607 & 238.630 History: PERS 7-2009, f. & cert ef. 7-21-09 PERS 2-2003, f. & cert. ef. 6-13-03
459-005-0100 Definitions — Member’s Fiduciary (1) “Fiduciary Document” means the court order appointing a person as the member’s fiduciary or the signed power of attorney by the member appointing the member’s fiduciary as their attorney-in-fact. (2) For the purposes of OAR 459-005-0100 to 459-005-0160, the term "member" means a PERS member as defined in ORS 238.005, the beneficiary of a PERS member, an alternate payee as defined in 238.465, or the beneficiary of an alternate payee. (3) “Member’s Fiduciary” means a guardian or conservator appointed under Oregon law, any person acting as an attorney-in-fact for a member under a power of attorney, or any other person appointed by a court to assume financial responsibility with respect to a member. 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 4-1999, f.& cert. ef. 10-11-99 PERS 7-1996, f. & cert. ef. 11-12-96
459-005-0110 Fiduciary Document Requirements (1) No person may act as a member’s fiduciary with respect to PERS matters unless the Fiduciary Document naming or appointing such person(s) meets the requirements set forth in this rule. (2) The Fiduciary Document shall be in written form and may be either on forms furnished by PERS or in a format approved by PERS. The Fiduciary Document shall contain express language appointing the member’s fiduciary as guardian or conservator or otherwise to act on behalf of the member either with respect to the member's financial matters generally or with respect to the member's PERS benefits specifically. (3) At a minimum, the Fiduciary Document must contain: (a) The signature of the member or other authority appointing or designating the member’s fiduciary. (b) The signature and address of the member’s fiduciary. This requirement can also be satisfied if the Fiduciary Document is accompanied by another document containing the signature and address of the member’s fiduciary. (4) A Fiduciary Document must be received by PERS before the member’s fiduciary will be allowed to conduct any transactions on behalf of the member and must otherwise meet the requirements set forth in OAR 459-005-0110 or 459-005-0130, as applicable. (5) If a Fiduciary Document was executed by the member over ten years prior to the date such document is filed with PERS, and there is a request to take any action by the member’s fiduciary, the document will be effective with respect to PERS only if the member’s fiduciary certifies to PERS, in a form which PERS in its sole discretion deems satisfactory, the continued validity of the fiduciary document. (6) If more than one individual is named or appointed in a Fiduciary Document as the member’s fiduciary, the document must stipulate whether the individuals must act together or may act separately. 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 4-1999, f. & cert. ef. 10-11-99 PERS 7-1996, f. & cert. ef. 11-12-96
459-005-0130 Termination of Member’s Fiduciary The authority granted a member’s fiduciary will terminate upon the occurrence of the earliest of the following events: (1) A written revocation is filed with PERS containing the member’s signature, if the member appointed the member’s fiduciary. (2) A Fiduciary Document is filed with PERS which: (a) Bears a date that is later than the Fiduciary Document previously filed with PERS; (b) Complies with the requirements set forth in OAR 459-005-0110; and (c) Names a different person as the member’s fiduciary. (3) PERS receives notification of the death of the member. (4) PERS receives notification that the member’s fiduciary has been removed or their authority terminated by the court which originally named or granted authority to the member’s fiduciary, or that action has been taken by a different court. 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