justicedao/ipfs_state_laws huggingface dataset:
459-010-0078 Volunteer Service (1) "Volunteer Service" means service as a volunteer as defined in OAR 459-005-0001. (2) Volunteer service shall not be considered: (a) For determining eligibility for membership in PERS. (b) For determining active membership in PERS. (c) For determining limitations on reemployment of retired members of PERS by a participating employer. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.005 - 238.715 History: PERS 12-2003, f. & cert. ef. 11-14-03 PERS 12-1998, f. & cert. ef. 12-17-98
459-010-0115 Term of Appointive Office The fixed term of an appointive office is the term fixed by statute or municipal charter. Statutory/Other Authority: ORS 237 History: PER 8, f. 12-15-55
459-010-0125 Eligibility of Volunteer Firefighters Upon proper application by the employer, volunteer firefighters as a unit are eligible for membership even though all other employees of that employer are excluded. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.015 History: PERS 12-1998, f. & cert. ef. 12-17-98 PER 8, f. 12-15-55
459-010-0175 Computation of Prior Service Credit for Accumulated Seasonal Employment In computing prior service credit for accumulated seasonal employment, the total days of seasonal employment worked by the employee, as certified by the employer, shall be divided by 260 to obtain the number of years of prior service credit. A remainder of more than 130 days shall constitute a major fraction of a year. An employee who in such seasonal employment worked more than 260 days in any one fiscal year shall be credited with only one year of prior service for that year, and the extra days shall not be added to other seasonal employment. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.005, 2005 OL, Ch. 808, Sec. (12), (13), (14) & ORS 238.225 History: PERS 20-2005, f. 11-1-05, cert. ef. 11-4-05 PERS 12-1998, f. & cert. 12-17-98 PER 8-1955, f. 12-15-55
459-010-0180 Membership of Elected or Appointed Officers (1) An officer elected or appointed for a fixed term, or appointed as director of a department by the Governor, may establish membership in PERS as an elected official by giving the PERS Board written notice of election to participate in PERS within 30 days of taking office, or within 30 days after completing the probationary period, pursuant to ORS 238.015(5). Upon election, such membership may not be discontinued for the duration of the term of office except upon separation from employment. (2) A member who is elected or appointed for a fixed term, or appointed as director of a department by the Governor, shall be deemed to have elected to participate in PERS for the term of office if the member and employer contributions are paid to PERS for more than one pay period after the member’s term in office or appointment commences. Stat. Auth.: ORS 238.650 Stats. Implemented: ORS 238.015 Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.015 History: PERS 6-2017, amend filed 09/29/2017, effective 09/29/2017 PERS 12-1998, f. & cert. ef. 12-17-98 PER 8, f. 12-15-55
459-010-0300 Involuntary Termination of Membership (1) Under ORS 238.618, the Board may terminate a member’s membership when the member’s participation in the system would cause the system or the Public Employees Retirement Fund to lose its tax qualified status. (2) The Director is delegated the authority provided under ORS 238.618 to terminate a member’s membership in the Public Employees Retirement System under the following circumstances: (a) The member retired and elected the total lump sum option under ORS 238.305(3); (b) The member exceeded the return to work limitations in ORS 238.078(2) and OAR 459-017-0060(5) in the six month period following the member’s effective retirement date; and (c) The member refuses to re-retire in compliance with those return to work limitations. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.618 History: PERS 6-2009, f. & cert. ef. 6-3-09
459-011-0115 Military Full Cost Purchase (1) For the purposes of this rule: (a) “Armed Forces” means the Army, Navy, Air Force, Marine Corps, Coast Guard, Space Force, and the reserve components thereof. (b) “Full cost” means the actual cost to the system of the retirement credit for military service being purchased, including any applicable administrative fee. (c) “Military service” means qualifying service as described under section (2) of this rule. (d) “Uniformed Services” means: (A) The Armed Forces; (B) The Army National Guard or the Air National Guard when the employee is on duty as described in ORS 238.156(5)(b)(B); (C) The commissioned corps of the United States Public Health Service; (D) The commissioned corps of the National Oceanic and Atmospheric Administration; and (E) Any other category of persons designated as “Uniformed Services” by the United States President in time of war or national emergency. (2) A member who was in active service in the Uniformed Services prior to becoming a member of PERS may purchase up to four years of retirement credit for military service if they: (a) Were other than dishonorably discharged from the Uniformed Services; and (b) Entered or reentered active service after January 1, 1950, or were in active service on January 1, 1950. (3) The member may not purchase retirement credit for any period of service for which the person is receiving, or is eligible to receive, a pension or retirement for service in the Uniformed Services at the time of their effective retirement date. (4)(a) If the member has reached earliest retirement age, the purchase may be made within 90 days before or after the member’s effective retirement date. (b) If the member has not reached earliest retirement age, the purchase may be made only in the 90 day period immediately before the member’s effective retirement date. (5) A member electing to make a full cost purchase may elect to have the service retirement allowance determined under any calculation for which the member is eligible for under ORS 238.300 even if the calculation does not produce the highest retirement allowance. (6) If the cost of the purchase is adjusted and requires an additional payment, PERS will notify the member of the balance due. The member must pay the remainder of the full cost purchase by the later of the date set by PERS or the member’s effective retirement date. If the member does not pay the remaining cost, the purchase request will be canceled and PERS will return any payment received to date, subject to the provisions of OAR 459-005-0580. (7) To verify military service, a copy of the member’s form DD-214 or other acceptable military discharge or service records must be submitted to PERS with the full cost purchase request. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.156 & ORS 238.157 History: PERS 15-2025, amend filed 12/05/2025, effective 12/05/2025 PERS 2-2019, amend filed 04/01/2019, effective 04/01/2019 PERS 9-2006, f. & cert. ef. 4-5-06
459-011-0150 General Purchases (1) For purposes of this rule, “purchase” means restoration of creditable service under ORS 238.115 or obtaining retirement credit under ORS 238.125, 238.135, 238.145, 238.148, 238.156, 238.157, 238.160, 238.162, 238.165, 238.175, 526.052 or section 2, Chapter 971, Oregon Laws 1999. (2) To make a purchase, a member must submit the application for restoration of creditable service or to obtain retirement credit and the full purchase cost, provided by PERS, within the time period established in the particular statute. (3)(a) If the purchase cost is adjusted and requires an additional payment, PERS will notify the member of the balance due. To complete the purchase, the balance due must be received by PERS by the later of: (A) The date set by PERS; or (B) The member’s effective retirement date. (b) If the balance due required in subsection (a) of this section is not received within the time period established in subsection (a) of this section, PERS will cancel the purchase and return the amount paid under section (2) of this rule to the member, subject to the provisions of OAR 459-005-0580. (4) If the purchase cost is adjusted and is lower than the amount paid under section (2) of this rule, PERS will refund the excess amount to the member, subject to the provisions of OAR 459-005-0580. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.115, 238.125, 238.135, 238.145, 238.148, 238.156, 238.157, 238.160, 238.162, 238.165, 238.175, 526.052 and sec. 2, Ch. 971 & Ol 1999 History: PERS 2-2011, f. & cert. ef. 6-1-11
459-011-0200 Re-Establishment of Membership No employee of the Federal Cooperative Extension Service or any other service for an employer participating in the system which mandates participation in the federal Civil Service Retirement System (CSRS) or Federal Employees Retirement System (FERS), who cancels membership in the Public Employees Retirement System pursuant to ORS 238.015(9)(b) or (c) may thereafter repay into the retirement fund the amount withdrawn upon cancellation, or in any other manner re-establish a right to benefits canceled by the withdrawal. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.015(9) History: PERS 21-2005, f. & cert. ef. 11-1-05 PERS 1-1996, f. & cert. ef. 3-26-96, Renumbered from 459-010-0020 PERS 6-1992, f. & cert. ef. 11-9-92 PER 8, f. 12-15-55
459-013-0040 Documentary Evidence (1) In order to receive retirement benefits, each member of the system shall furnish to the Retirement Board reasonably satisfactory evidence as to his or her date of birth. (2) In order for a member to receive benefits under option No. 2 or 3, the Retirement Board must be furnished with reasonably satisfactory evidence as to the beneficiary’s date of birth. (3) Any documentary evidence or photostatic copies thereof, submitted to the Retirement Board as proof of date of birth shall become the property of the board and will not be returned under any circumstances (naturalization or citizenship papers may be submitted for the inspection of the Board after which they will be returned). Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238 History: PERS 1-1996, f. & cert. ef. 3-26-96, Renumbered from 459-010-0065 PER 8, f. 12-15-55
459-013-0050 Combined Service (1) For purposes of this rule: (a) “Combined service” means periods of active membership in two or more different classifications. (b) “Concurrent service” means active membership for the same period with two or more different employers in two or more different classifications or actuarial groups. (2) A member who has combined service shall have their service retirement or disability retirement allowance calculated as provided in ORS Chapter 238 and this rule. The benefit calculations may include: (a) Account balance, and final average salary as of the effective retirement date; (b) Creditable service as provided under OAR 459-010-0014; (c) Prorated creditable service for periods of concurrent service; (d) All calculation methods applicable to the member under ORS 238.300 or 238.320; (e) The optional forms of retirement allowance selected by the member under ORS 238.305 or 238.325; (f) For early and normal retirement eligibility, the rules as described in OAR 459-010-0019; (g) A statutory factor applicable for the classification of the member during each period of creditable service; (h) A single early retirement factor, if applicable; (i) The actuarial equivalency factor tables in effect on the effective retirement date; and (j) A variable adjustment for members who participated in the Variable Annuity Program on and after January 1, 1982. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.260, 238.280, 238.300, 238.305, 238.320 & 238.325 History: PERS 4-2011, f. & cert. ef. 8-4-11
459-013-0060 Payment of Retirement Benefits (1) Retirement benefits shall be payable each month as of the first day of the month following the effective date of retirement. (a) When the first day of the month falls on a weekend or a PERS holiday, retirement benefits processed through electronic funds transfer shall be payable on the last PERS working day of the prior month. (b) At the time of death, accrued benefits shall be payable as provided under OAR 459-014-0050(4). (2) If a retiree elects to receive more than one installment payment as provided under ORS 238.305(4), the subsequent installment payments will be paid on the anniversary of the first day of the month that the initial installment payment was made. (3) Notwithstanding section (1) of this rule, retirement benefits payable on January 1 shall always be paid in the month of January. (4) A retired member who is eligible to convert their service retirement allowance as described in ORS 238.305(6), 238.305(7) or 238.325(3) must submit a request to convert their benefit before the retirement benefit can be increased to the higher paying Option 1 benefit. The request must be in a format approved by PERS and received by PERS prior to member’s date of death. To be eligible to convert their benefit pursuant to the termination of a marriage, the member and the beneficiary must have been married on the member’s effective date of retirement. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.300 & 238.305 History: PERS 13-2023, amend filed 09/29/2023, effective 09/29/2023 PERS 16-2015, f. & cert. ef. 11-20-15 PERS 6-2013, f. & cert. ef. 7-26-13 PERS 21-2005, f. & cert. ef. 11-1-05 PERS 1-1996, f. & cert. ef. 3-26-96, Renumbered from 459-010-0070 PER 8, f. 12-15-55
459-013-0110 Eligibility for Early Benefits A member who reaches earliest retirement age under ORS 238.280 becomes eligible for a service retirement benefit that will be paid upon written application to the Board. After becoming eligible under that section, a member may not withdraw their account under ORS 238.265 nor will their membership terminate by operation of ORS 238.095(2). Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.280 & 238.095 History: PERS 15-2007, f. & cert. ef. 11-23-07 PERS 5-1999, f. & cert. ef. 11-15-99 PERS 1-1996, f. & cert. ef. 3-26-96, Renumbered from 459-010-0090 PER 8, f. 12-15-55
459-013-0250 Service Retirement Applications 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) If member elects a lump sum option, the allocation of lump sum payments must be included. (e) Signed certification of marital status. If the member is: (A) Single, the member’s signature must be notarized. (B) Married, the member’s spouse must also sign the certification. (C) Married and selects a service retirement option other than Option 3 under 238.305, or a disability retirement other than Option 3 under 238.325, or designates someone other than the member’s spouse as the beneficiary: (i) The member’s spouse must consent to the benefit option and designated beneficiary; and (ii) The member’s spouse’s signature must be notarized. (f) 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 paragraph (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 238.650 Statutes/Other Implemented: ORS 238.300, ORS 238.630(3)(g), IRC 401(a)(9) & ORS 238.600 History: PERS 2-2025, adopt filed 03/31/2025, effective 03/31/2025
459-013-0260 Effective Date Used in the Establishment of Service Retirement Benefits (1) A member’s service retirement allowance under ORS 238.300 and 238.305 will be established as of the member’s effective date of retirement. (2) A member’s effective date of retirement is the later of: (a) The first day of the calendar month specified by the member, who is eligible for retirement under the provisions of ORS 238.280 or 238.005, on their service retirement application; or (b) The first of the calendar month following the date an application is received by the Public Employees Retirement System (PERS); or (c) The first of the calendar month following the date of separation from all employers participating in PERS and in the same controlled group. (3) For the purpose of this rule, “controlled group” is a group of employers required to be treated as a single employer for the purpose of satisfying the requirements for qualified retirement plans under federal law. (4) The effective date of this rule is January 1, 2010. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.300 & 238.305 History: PERS 16-2008, f. & cert. ef. 11-26-08 PERS 20-2005, f. 11-1-05, cert. ef. 11-4-05 PERS 10-2000, f. 12-15-00 cert. ef. 1-1-01
459-013-0320 Payment of Increased Benefits to an Alternate Payee (1) The provisions of this rule apply to an alternate payee who receives retirement benefit payments derived from an “alternate payee account” or a separate benefit option as provided under OAR 459-045-0010(2) or (3)(b). (2) If an alternate payee is eligible to receive increased benefits under ORS 238.465(5), the percentage of the increased benefit payable to the member, as determined under ORS 238.364, 238.366, 238.368, and 238.372 to 238.384, is the increased benefit percentage for which the alternate payee is eligible. If the member predeceases the alternate payee, the increased benefit percentage payable to the member at the time of death remains the increased benefit percentage for which the alternate payee is eligible. (3) If the alternate payee is eligible for the increased benefit under section (2), payment of the increased benefit to the alternate payee under ORS 238.372 to 238.384 is determined by the residency of the alternate payee. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.362, 238.364, 238.366, 238.465 & 238.372 - 238.384 History: PERS 8-2013, f. & cert. ef. 9-27-13 PERS 6-2012, f. & cert. ef. 3-28-12
459-014-0040 Valid Request for Distribution of Pre-Retirement Death Benefits (1) For the purposes of this rule, “valid request for distribution” is when PERS receives the last required document PERS has determined necessary to distribute a death benefit to a beneficiary. (2) PERS must receive a copy of the death certificate of the deceased member or alternate payee. PERS will provide instructions to a beneficiary identifying additional documents that must be received to make a valid request for distribution. Required documents may include but are not limited to: (a) Death Benefit Election; (b) Letters of Testamentary/Administration; (c) Small Estate Affidavit or out of state equivalent; (d) Affidavit of Next of Kin; (e) Affidavit of Beneficiary; (f) Declaration of Beneficiary; (g) Proof of marriage; (h) Proof of registered domestic partnership; (i) Proof of birth of the beneficiary; (j) Trust document or certification of trust; (k) Proof of Conservatorship; and (l) Proof of Guardianship. (3) Earnings crediting for the distribution amount for an IAP account beneficiary will be determined under OAR 459-007-0320. (4) A benefit distribution will be considered “delayed” under ORS 238.395(2) and ORS 238A.230 when a valid request for distribution is received more than one year after the member’s date of death. (a) If a benefit under ORS 238.395(2) or ORS 238A.230 is delayed, the death benefit effective date will be the first of the month in which the affidavit or declaration requesting distribution is received by PERS. (b) If a benefit under ORS 238.395(2) or ORS 238A.230 is delayed and the member’s beneficiary dies prior to PERS receiving an affidavit or declaration requesting distribution, the benefit will be paid as a lump-sum payment equaling the sum of the payments the member’s beneficiary would have received had they not delayed distribution. Statutory/Other Authority: ORS 238.650 & 238A.450 Statutes/Other Implemented: ORS 238.390, 238A.230, 238A.410 & ORS 238.395 History: PERS 10-2025, amend filed 09/26/2025, effective 09/26/2025 PERS 1-2024, amend filed 02/02/2024, effective 02/02/2024 PERS 2-2020, amend filed 01/31/2020, effective 01/31/2020 PERS 2-2012, f. & cert. ef. 2-1-12
459-014-0045 Payment of Chapter 238 Pre-Retirement Death Benefits (1) To be eligible for the benefit under ORS 238.395(2), the member’s spouse must be the member’s sole beneficiary under ORS 238.390. (2) A beneficiary who elects to receive the optional spouse death benefit under ORS 238.395(2) will receive actuarially determined monthly payments for life only when the total monthly amount of their benefit is at least the amount established in ORS 238.315. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.315, ORS 238.390 & ORS 238.395 History: PERS 2-2022, adopt filed 01/31/2022, effective 01/31/2022