justicedao/ipfs_state_laws huggingface dataset:
459-075-0170 Payment of OPSRP Pension Program Benefits (1) Definitions. For purposes of this rule: (a) “Benefit recipient” means an OPSRP Pension Program member, surviving beneficiary or alternate payee who is entitled to receive a retirement benefit under the OPSRP Pension Program. (b) “Non-survivorship benefit” means a lifetime benefit that is paid to an eligible benefit recipient and ends after death. (c) “Survivorship benefit” means a survivor monthly pension benefit that is paid to a surviving beneficiary after an OPSRP Pension Program member’s death. (2) An OPSRP monthly pension benefit 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, benefits accrued by the member or alternate payee before their death, less any outstanding invoice amounts, will be paid to the designated beneficiary pursuant to ORS 238A.190 or, in the event there is no designated beneficiary at the time of member or alternate payee’s death, to the member or alternate payee’s estate. (3) Notwithstanding section (2) of this rule, retirement benefits payable on January 1 shall always be paid in the month of January. (4) When a benefit recipient who is receiving an OPSRP pension dies: (a) Benefit payments end on the first day of the month in which the benefit recipient dies pursuant to ORS 238A.180. (b) Survivorship benefits payable to a beneficiary are effective on the first day of the month after the last payable OPSRP pension benefit to a deceased member or deceased alternate payee. (5) Notwithstanding section (2) of this rule, retirement benefits payable on January 1 shall always be paid in the month of January. (6) If the member or alternate payee is entitled to receive a cash-out of a small benefit under ORS 238A.195, the benefit accrues on the member’s or alternate payee’s effective retirement date and shall be paid to the member or alternate payee. (7) A retired member who is eligible to convert their service retirement allowance as described in ORS 238A.190(3) must submit a request to convert their benefit before the retirement benefit can be increased to the higher paying Single Life Option 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 238A.450 Statutes/Other Implemented: ORS 238A.180, 238A.185, 238A.190 & 238A.195 History: PERS 13-2023, amend filed 09/29/2023, effective 09/29/2023 PERS 7-2013, f. & cert ef. 9-27-13
459-075-0175 Effective Date Used in the Establishment of OPSRP Pension Program Benefits (1) A member’s OPSRP pension program benefits under ORS 238A.125 and 238A.180 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 238A.160 to 238A.170, 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 238A.450 Statutes/Other Implemented: ORS 238A.125 & 238A.180 History: PERS 16-2008, f. & cert. ef. 11-26-08
459-075-0200 Retirement Eligibility for Police Officer and Firefighter Members (1) For purposes of this rule: (a) “Police officer” and “firefighter” have the same meaning given them in ORS 238A.005. (b) “Concurrently employed” means employment with two or more participating employers in the same calendar month. (2) An OPSRP Pension Program member will establish retirement eligibility as a police officer or firefighter, if the member’s last 60 months of retirement credit preceding the date the member reaches early retirement age under ORS 238A.160(2), or normal retirement age under ORS 238A.165(2), were accrued while employed in a qualifying position as a police officer or firefighter. (3) The 60 months of police officer & firefighter retirement credit does not have to be continuous, but a member does not establish retirement eligibility as a police officer or firefighter under section (2) of this rule if the member’s last 60 months of retirement credit preceding the date the member reaches early or normal retirement age includes any months of retirement credit as other than a police officer or firefighter. (4) If the member is concurrently employed as a police officer or firefighter, the 60-month retirement credit count described in section (2) of this rule restarts if the member accrues retirement credit for service as other than a police officer or firefighter, unless the member is receiving insurance payments for short-term or long-term disability for which retirement credit is not available under ORS 238A.155; and concurrently employed and performing service as other than a police officer or firefighter, accruing retirement credit as other than a police officer or firefighter. (5) A member who is receiving disability insurance payments as described in section (4) of this rule must submit proof of such payments in a format and manner approved by PERS, no later than the member’s effective date of retirement. Statutory/Other Authority: ORS 238A.450 Statutes/Other Implemented: ORS 238A.160 & ORS 238A.165 History: PERS 8-2024, amend filed 12/11/2024, effective 12/11/2024 PERS 20-2020, amend filed 12/04/2020, effective 12/04/2020 PERS 4-2013, f. & cert. ef. 3-29-13 PERS 15-2006, f. & cert. ef. 10-25-06
459-076-0030 Hearings on Denial or Discontinuance of Disability Benefit Allowances (1) A final denial of an application for disability benefits, or any decision discontinuing a previously granted disability benefit allowance may be reviewed in a contested case hearing. (2) A contested case hearing may be requested by a member by filing with the Board a written request as provided for in OAR 459-001-0035. (3) For contested case hearing requests submitted by a member employed as a police officer or firefighter as defined in ORS 238A.005 to dispute the final denial of a disability benefit application under ORS 238A.235: (a) PERS must refer the case for contested case hearing no later than 180 days after PERS receives the member’s request for a hearing pursuant to OAR 459-005-0220, or, no later than 360 days after the member requests the hearing if the member requests an extension. (b) If a case is not referred for a hearing within the required timeline, the member prevails in disputing the final denial of the member’s application under ORS 238A.235. (c) Contested case hearing extension requests must be submitted to PERS in writing. (d) A member who is eligible for OPSRP disability benefits under ORS 238A.235 due to operation of the default contested case deadlines remains subject to routine periodic reviews as provided for in OAR 459-076-0050. (4) The contested case hearing shall be heard before an administrative law judge designated by the Office of Administrative Hearings and conducted in accordance with the Attorney General’s Model Rules of Procedure as adopted by OAR 459-001-0005. The member may represent themself or be represented by legal counsel. An Assistant Attorney General will appear at the hearing to assist PERS staff in presenting PERS’ position, and to assist in the development of a complete hearing record. (5) The Board may deliberate and decide on final orders during regularly scheduled board meetings. The Board may instead deliberate and decide at any other time and place allowed by law, as determined on a case-by-case basis, such as electronically or via a telephone conference. (6) In accordance with OAR 459-001-0040, before initiating any judicial review of a final order, an applicant may file with the Board a petition for reconsideration. (7) Any disputed claim concerning a disability benefit allowance or discontinuance of such allowance may be voluntarily settled on a lump-sum basis subject to recommendation of the assigned Assistant Attorney General and final approval of the Board. Settlements approved by the Board shall be paid upon receipt of a “Release and Covenant Not to Sue” signed by the applicant and the applicant’s attorney, if any. Statutory/Other Authority: ORS 238A.005 & ORS 238A.235 Statutes/Other Implemented: ORS 238A.005 & ORS 238A.235 History: PERS 17-2025, adopt filed 12/05/2025, effective 12/05/2025
459-076-0045 Cessation of Disability Benefits Upon Reaching Normal Retirement Age (1) If a member who is receiving an OPSRP disability benefit reaches normal retirement age, as defined in ORS 238A.160, their last disability benefit will be paid on the first of the following month unless the member reaches normal retirement age on the first of a month, then their last disability benefit will be paid on that day . (2) The disability benefit will not automatically convert to a retirement benefit upon the member reaching normal retirement age. The member must apply for service retirement benefits before receiving them. In order to receive a service retirement benefit, the member must: (a) Complete the applicable Service Retirement application(s); and (b) Submit the application(s) to PERS before the first of the month in which the member wishes to commence service retirement benefits . In no case will a service retirement benefit become payable during a month in which a member receives a disability benefit . (3) The OPSRP retirement pension benefit will be based on: (a) The adjusted salary as set forth in section (4) of this rule; and (b) The total retirement credit accrued, set forth in section (5) of this rule. (4) The salary the member was receiving immediately prior to leaving active employment as a result of disability will be adjusted for the cost-of-living for each year after the member left employment and before the member’s effective date of service retirement. (a) Cost-of-living adjustments will be based on the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor and may not exceed a two percent increase or decrease for any year. (b) Cost-of-living adjustments will be made only for calendar years in which the member received an OPSRP disability benefit for at least six months during a calendar year. (5) Retirement credit. A member receiving OPSRP disability benefits will accrue retirement credit, as well as hours of service credit toward vesting, for the entire period of disability until their disability benefit ends. (6) The retirement credit will accrue under the same employment classification in which the member was immediately employed prior to becoming disabled. (7) A member who is receiving disability benefits who reaches normal retirement age and has not applied for a service retirement will become an inactive member on the first of the month following the month in which they reach normal retirement age. Statutory/Other Authority: ORS 238A.450 Statutes/Other Implemented: ORS 238A.155 & 238A.235 History: PERS 1-2026, minor correction filed 01/14/2026, effective 01/14/2026 PERS 1-2025, amend filed 01/31/2025, effective 01/31/2025 PERS 8-2019, amend filed 12/06/2019, effective 12/06/2019 PERS 16-2005, f. & cert. ef. 10-3-05
459-076-0055 Payment of Disability Benefit (1) A disability benefit accrues from the effective date of disability benefit. (2) Notwithstanding section (1) of this rule, disability payments may not begin until a period of extended duration following the date of disability has been completed. (3) If PERS cannot calculate the actual disability benefit payment, an estimated payment will be made until PERS receives all the necessary information needed to calculate the actual benefit payment. (a) If the estimated payment results in an underpayment of $10 or more a month, the member will receive interest under the provisions of OAR 459-007-0015. (b) If the estimated payment results in an overpayment of any amount, the overpayments may be recovered by decreasing the monthly benefit amount until the difference between the amount the member received and the amount the member should have received is recovered. (4) If a member applying for a disability benefit dies before the Director’s approval of the application the application will be considered cancelled effective on the date of the member’s death. (5) If a member receiving disability payments dies before retiring, the disability benefit will cease the first of the month following the member’s date of death. Statutory/Other Authority: ORS 238A.450 Statutes/Other Implemented: ORS 238A.235 History: PERS 8-2011, f. & cert. ef. 10-5-11 PERS 16-2005, f. & cert. ef. 10-3-05
459-080-0010 Membership (1) An employee who is eligible for membership in the pension program under OAR 459-075-0010 becomes a member of the individual account program on the same date the employee becomes a member of the pension program. (2) An employee who was an active or inactive member of PERS on August 28, 2003, and retains membership in PERS through January 1, 2004, becomes a member of the individual account program on January 1, 2004. (3) An employee who performed a period of service before August 29, 2003, that was credited to the six-month period required under ORS 238.015 for membership in PERS becomes a member of the individual account program on the date the employee becomes a member of PERS, or January 1, 2004, whichever is later. (4) An employee may become a member of the individual account program as provided in ORS 238A.300(2) Statutory/Other Authority: ORS 238A.450 Statutes/Other Implemented: ORS 238A.300, 238A.305 & OL 2011 Ch. 722 History: PERS 1-2012, f. & cert. ef. 2-1-12 PERS 21-2003, f. 12-15-03 cert. ef. 1-1-04
459-080-0050 IAP Optional Employer Account Contributions (1) Employers shall not begin optional employer contributions under ORS 238A.340 to the employer account of a member under the OPSRP Individual Account Program (IAP) until the agreement by which those contributions will be made has been provided to PERS. The agreement must, at a minimum, provide the following information: (a) The date those contributions are to commence; and (b) The percentage of salary to be contributed. (2) ORS 238A.340(1) allows participating public employers to agree to provide these optional employer contributions for specific groups of employees. The employer will be solely responsible for reporting which groups of employees are eligible for the optional employer contributions, so long as those employees are eligible for membership under ORS 238A.300 and OAR 459-080-0010. PERS will rely on the employer’s records to determine whether an employee was in a group that should have received optional employer contributions. (3) Optional employer contributions made on behalf of a person who fails to meet the standards for IAP employee contributions under OAR 459-080-0150 will be returned pursuant to section (5) of that rule. (4) Optional employer contributions made in error for an employee who is not entitled to those contributions under the employer’s agreement will be returned less any fees or losses incurred since the contributions were submitted. Any earnings on these contributions will be credited to the forfeiture account established under OAR 459-080-0150. (5) Whether contributions were erroneous will be based upon the employer’s records as reported to PERS. Statutory/Other Authority: ORS 238A.450 Statutes/Other Implemented: ORS 238A.340 History: PERS 18-2022, amend filed 09/30/2022, effective 09/30/2022 PERS 2-2005, f. & cert. ef. 1-31-05
459-080-0060 Vesting in an IAP Employer Account (1) For the purpose of determining vesting under ORS 238A.320(3)(a): (a) Calendar years before the calendar year in which the IAP employer account is established are included. (b) Hours of service performed for all participating public employers during a calendar year are included. (c) Hours of service performed during the six-month period required to establish membership under ORS 238A.300 are included. (d) 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. (e) For calendar years before January 1, 2004, a member is presumed to have performed 600 hours of service in any calendar year in which the member was an active member unless records provided to PERS establish that the eligible employee did not perform at least 600 hours of service in the calendar year. (f) Hours of service attributable to periods of active membership before termination of membership under ORS 238.095 and hours of service excluded under 238A.320 and 238A.375 may not be included. (2) If a member has completed at least 600 hours of service in each of five calendar years pursuant to section (1) of this rule before the date the employer account is established, the member becomes vested in the IAP employer account on the date the account is established. Statutory/Other Authority: 238A.450 Statutes/Other Implemented: ORS 238A.010 & 238A.320 History: PERS 9-2009, f. & cert. ef. 7-21-09
459-080-0200 IAP Account Adjustments for Earnings or Losses (1) Earnings and losses on employee, employer, and rollover contributions under the OPSRP Individual Account Program (“IAP”) shall be credited annually in accordance with OAR 459-007-0005(6). In no event shall earnings or losses be credited to individual accounts until funds are actually received by PERS and have been successfully reconciled with the corresponding wage and contribution record. (2) When a member elects to withdraw their accounts under ORS 238A.375, earnings or losses for their employee and employer accounts shall be credited in accordance with OAR 459-007-0320(2) and earnings for the Employee Pension Stability Account (EPSA) will be credited in accordance with OAR 459-007-0370. (3) When a member retires and elects to receive a lump sum payment of their accounts under ORS 238A.400(1), earnings or losses for their employee and employer accounts shall be credited in accordance with OAR 459-007-0320(1). (4) When a member retires and elects to receive installment payments under ORS 238A.400(2), earnings or losses for their employee and employer accounts shall be credited in accordance with OAR 459-007-0330 . Statutory/Other Authority: ORS 238A.450 Statutes/Other Implemented: ORS 238A.350, 238A.375 & 238A.400 History: PERS 9-2020, amend filed 06/23/2020, effective 06/23/2020 PERS 4-2009, f. & cert. ef. 4-6-09 PERS 12-2006, f. & cert. ef. 6-26-06 PERS 24-2004, f. & cert. ef. 10-18-04 PERS 12-2004, f.& cert. ef. 5-19-04 PERS 19-2003(Temp), f. 12-15-03 cert. ef. 1-1-04 thru 6-25-04
459-080-0260 Distribution of IAP Accounts at Retirement (1) Except as provided in this rule, distribution under ORS 238A.400 of a member’s Individual Account Program (IAP) accounts at retirement shall begin only at the time the member retires for service under the PERS Chapter 238 Program or OPSRP Pension Program. (2) A member of the IAP who is retired for disability under the PERS Chapter 238 Program may begin distribution of the member’s IAP accounts upon reaching earliest service retirement age. (3) This rule does not apply to a member who retires for service as a judge member or legislator. (4) This rule is effective January 1, 2011. Statutory/Other Authority: ORS 238A.450 Statutes/Other Implemented: ORS 238A.400 History: PERS 10-2010, f. & cert. ef. 9-29-10
459-080-0300 Receipt of Retirement Distribution Payments by an Active Member of the IAP (1) A member of the IAP who received a distribution at retirement under ORS 238A.400 or OAR 459-080-0250 who reestablishes active membership in the PERS Chapter 238 Program as set forth in OAR 459-017-0060, or the OPSRP Pension Program as set forth in OAR 459-075-0300, shall also reestablish active membership in the IAP on the same date. (2) A member is not entitled to receive any IAP payments once active membership is reestablished. (a) If the member received a single lump sum payment, the member is entitled to the payment provided the payment was dated on or before the date the member reestablished active membership. (b) If the member is receiving installment payments, the last installment payment to which the member is entitled is the last installment payment paid before the date the member reestablished active membership. (3) A member who receives benefits to which he or she is not entitled must repay those benefits to PERS. (4) A member of the IAP who reestablishes active membership may, at subsequent retirement, elect any payment option provided in ORS 238A.400, subject to the provisions of OAR 459-080-0250. Statutory/Other Authority: 238A.450 Statutes/Other Implemented: ORS 238 & 238A History: PERS 9-2015, f. & cert. ef. 7-31-15 PERS 10-2009, f. & cert. ef. 7-21-09
459-080-0400 Employee Pension Stability Account (EPSA) (1) The Employee Pension Stability Account (EPSA) is a member account under the IAP as established in ORS 238A.353. A portion of the member contributions is credited to the member’s EPSA when the member’s monthly salary exceeds the threshold amount and the system funded status is below 90%. (2) The monthly salary threshold amount: (a) Is $3,777 for calendar year 2025; (b) Includes salary from all PERS covered employment during the calendar month; and (c) Is determined based on the date the salary is paid except for retroactive salary payments, which are allocated to the period when the salary was earned or would have been earned. (3) Though part of the IAP, EPSA funds are not invested in target date funds. EPSA funds are held in a separate member account that will be credited annually with earnings or losses in accordance with OAR 459-007-0005. There is no guaranteed rate of return on a member’s EPSA. (4) Unless withdrawn prior to earliest retirement age, a member’s EPSA will be applied to the cost of the member’s retirement or other pension benefit attributable to service on and after July 1, 2020. The portion of the member’s benefit attributable to service on and after July 1, 2020 will be determined by dividing the number of months of service after July 1, 2020 by the total months of service. (5) If the amount in the EPSA exceeds the cost of the pension or other retirement benefits that are payable to the member or the member’s beneficiary determined according to section (4) of this rule, the board shall pay the excess amounts in a lump sum to the member or the member’s IAP beneficiary. Statutory/Other Authority: ORS 238A.450 Statutes/Other Implemented: ORS 238A.050, OL 2019, Ch. 355, Sec. 2, OL 2018, Ch. 118, ORS 238A.330 & OL 2021, Ch. 298 History: PERS 5-2025, amend filed 03/31/2025, effective 03/31/2025 PERS 3-2024, amend filed 04/01/2024, effective 04/01/2024 PERS 11-2023, minor correction filed 08/24/2023, effective 08/24/2023 PERS 7-2023, amend filed 04/04/2023, effective 04/04/2023 PERS 4-2022, amend filed 03/28/2022, effective 03/28/2022 PERS 4-2021, amend filed 03/29/2021, effective 03/29/2021 PERS 9-2020, adopt filed 06/23/2020, effective 06/23/2020