justicedao/ipfs_state_laws huggingface dataset:
459-035-0030 Eligibility, Retirement Health Insurance Account This rule describes the requirements for an “eligible retired member” participating in a PERS-sponsored Medicare Companion Plan to be eligible for contributions from the RHIA toward the cost of premiums for that plan. The amount of the contribution is defined in OAR 459-035-0060. (1) An “eligible retired member” includes the following: (a) A retired member of the Tier One or Tier Two program who is enrolled in Parts A and B of Medicare and who: (A) Is receiving a PERS service or disability retirement allowance or benefit, and had eight or more years of qualifying service at the time of retirement; or (B) Is receiving a PERS disability retirement allowance or benefit computed as if he or she had eight years or more of creditable service. (b) A surviving spouse or dependent of a deceased eligible retired member as described in subsection (a) of this section, who is enrolled in Parts A and B of Medicare, and who: (A) Is receiving a retirement allowance or benefit from PERS; or (B) Was covered under the retired member’s PERS-sponsored health insurance plan and the deceased retired member retired before May 1, 1991. (2) An eligible surviving spouse or dependent receiving benefits under the 15-year certain optional form of benefit payment (ORS 238.305 Option 4) will be entitled to contributions from the RHIA only until the remainder of the 180 monthly benefit payments are paid, unless he or she meets the requirements in subsection (1)(b)(B) of this rule. (3) If both an eligible surviving spouse and an eligible surviving dependent are receiving benefits at the same time under the 15-year certain optional form of benefit payment (ORS 238.305 Option 4), only the eligible surviving spouse shall be entitled to contributions from the RHIA unless the surviving spouse, in writing, waives the contribution in favor of the eligible surviving dependent. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.420 History: PERS 9-2010, f. & cert. ef. 9-29-10 PERS 1-2010(Temp), f. & cert. ef. 4-5-10 thru 9-27-10 PERS 14-2002, f. & cert. ef. 11-18-02 PERS 4-1996, f. & cert. ef. 6-11-96
459-035-0040 Eligibility, Retiree Health Insurance Premium Account This rule describes the eligibility requirements for an “eligible retired state employee” participating in a PERS-sponsored health insurance plan, exclusive of dental coverage and long term care coverage, to be eligible for a contribution from the RHIPA toward the cost of premiums for that health insurance plan. The amount of the contribution is established in OAR 459-035-0050. (1) An “eligible retired state employee” includes: (a) A Tier One or Tier Two member who is not eligible for Medicare, and whose PERS effective retirement date is the first of the month following termination of state employment, and who: (A) Is receiving a PERS service or disability retirement allowance or benefit, and had eight or more years of qualifying service at the time of retirement; or (B) Is receiving a PERS disability retirement allowance computed as if the member had eight or more years of creditable service, and has attained the earliest service retirement age. (b) A surviving spouse or dependent of a deceased eligible retired state employee, as described in subsection (a) of this section, who is not eligible for Medicare, and who: (A) Is receiving a retirement allowance or benefit from PERS; or (B) Was covered under the eligible retired state employee’s PERS-sponsored health insurance plan, and the eligible retired state employee retired on or after September 29, 1991. (2) An eligible surviving spouse or dependent receiving benefits under the 15-year certain optional form of benefit payment (ORS 238.305 Option 4) will be entitled to contributions from the RHIPA only until the remainder of the 180 monthly benefit payments are paid, unless he or she meets the requirement of paragraph (1)(b)(B) of this rule. (3) If an eligible surviving spouse and a dependent are receiving benefits under the same 15-year certain optional form of benefit payment (ORS 238.305 Option 4), only the eligible surviving spouse shall be entitled to contributions from the RHIPA unless the surviving spouse, in writing, waives the contribution in favor of the eligible surviving dependent. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.415 History: PERS 9-2010, f. & cert. ef. 9-29-10 PERS 1-2010(Temp), f. & cert. ef. 4-5-10 thru 9-27-10 PERS 14-2002, f. & cert. ef. 11-18-02 PERS 4-1996, f. & cert. ef. 6-11-96
459-035-0060 Contribution Payment from Retirement Health Insurance Account for Eligible Retired Members Who Are Covered by Medicare This rule establishes the procedure for determining the amount of contribution that will be paid from the RHIA (ORS 238.420) on behalf of an eligible retired member, as described in OAR 459-035-0030, who is enrolled in Parts A and B of Medicare. (1) An amount of $60 per month or the total monthly premium, whichever is less, shall be paid from the RHIA on behalf of an eligible retired member enrolled in a PERS-sponsored Medicare Companion Plan. (2) No person eligible for a contribution from the RHIA as provided for in this rule shall be entitled to a contribution from the RHIPA. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.420 History: PERS 4-1996, f. & cert. ef. 6-11-96
459-035-0080 Effective Date of Coverage (1) For an eligible person who enrolls in a PERS sponsored health insurance plan under the provisions of OAR 459-035-0070, the effective date of coverage shall be the first of the month following receipt of a completed PERS Medical & Dental Insurance Application form but not before the date described as follows: (a) For an eligible retiree, the latest of the following dates: (A) The effective date of retirement if enrolled within 90 days of the effective date of retirement; (B) The termination date of other group health insurance coverage; (C) For a Medicare Companion Plan, the effective date of enrollment in Parts A and B of Medicare; or (D) The date specified in an announcement of a plan change period or an open enrollment period, if applicable. (b) For an eligible spouse or dependent, the latest of the following dates: (A) The date the retiree’s coverage is effective; (B) The first of the month following the termination date of other group health insurance coverage; (C) For a Medicare Companion Plan, the effective date of enrollment in Parts A and B of Medicare; or (D) The date specified in an announcement of a plan change period or an open enrollment period, if applicable. (c) For a new eligible spouse, dependent, or dependent domestic partner, the first day of the month following the date the completed enrollment form is filed and in the case of a domestic partner, an Affidavit of Dependent Domestic Partnership, except in the following situations: (A) A newborn child is covered from the moment of birth. (B) An adopted child is covered from the date he or she is placed in the custody of the eligible retiree. (d) For an eligible surviving spouse or dependent, the first of the month following the filing of an application for health insurance coverage. (2) Coverage shall cease for an eligible person on the earliest of the following dates: (a) The end of the month in which a signed notification is received by PERS from the covered person to terminate coverage. (b) The end of the month for which the last premium is paid. (c) The end of the month in which a person ceases to be an eligible person, subject to any continuation of coverage rights under state or federal law. Statutory/Other Authority: ORS 238.410 & 238.650 Statutes/Other Implemented: ORS 238.410 & 238.420 History: PERS 14-2002, f. & cert. ef. 11-18-02 PERS 4-1996, f. & cert. ef. 6-11-96
459-035-0090 Retiree Health Insurance Premium Payment Process (1) An eligible person who elects to participate in a PERS-sponsored health insurance plan shall choose one of the following methods for the payment of contributions for that coverage: (a) The direct payment method by an electronic transfer of the monthly contribution for the PERS-sponsored health insurance plan from an eligible person's bank account to the Third Party Administrator; or (b) The direct payment method by issuing a check or money order for the monthly contribution for the PERS-sponsored health insurance plan to the Third Party Administrator; or (c) The pension deduction method wherein PERS shall deduct the monthly contribution from the service or disability retirement allowance or other benefit payable to the eligible person and forward the contribution to the Standard Retiree Health Insurance Account. (A) The total monthly contribution due shall be deducted for the benefit option selected by the eligible person. (B) If an eligible person’s monthly PERS benefits are not sufficient to cover the monthly contribution for the PERS-sponsored health insurance plan, the deduction method may not be used. (2) Employee contributions for the PERS-sponsored health insurance plan shall be paid monthly and shall consist of the following: (a) The premium charged by the carrier for the eligible person’s health insurance coverage, less any amount contributed on the eligible person’s behalf from the RHIA or RHIPA; and (b) The eligible person’s share of the administrative costs incurred by PERS in administering the health insurance program as provided for in ORS 238.410(4). (3) If payment is by check or money order, the check or money order must be physically received by the Third Party Administrator on or before the due date. (4) Failure to make the payment by the due date shall result in termination of a person’s PERS-sponsored health insurance coverage. (5) Notwithstanding section (4) of this rule, no person’s PERS-sponsored health insurance coverage shall be terminated in a manner contrary to the requirements of any emergency order issued by the Governor or the Department of Consumer and Business Services regarding termination of health insurance policies. When any such emergency order is in effect, the due date referenced in section (4) of this rule shall be extended to the extent required by such emergency order. (6) On receipt of an eligible person’s contribution, the Third Party Administrator shall deposit the contributions in the Standard Retiree Health Insurance Account. Amounts deposited in the Standard Retiree Health Insurance Account shall be used only to pay health insurance premiums on behalf of eligible persons and the costs incurred by PERS in administering the health insurance program. Statutory/Other Authority: ORS 238.410 & 238.650 Statutes/Other Implemented: ORS 238.410, 238.415 & 238.420 History: PERS 18-2020, amend filed 12/04/2020, effective 12/04/2020 PERS 15-2020, temporary amend filed 10/02/2020, effective 10/02/2020 through 12/04/2020 PERS 14-2002, f. & cert. ef. 11-18-02 PERS 5-1999, f. & cert. ef. 11-15-99 PERS 4-1996, f. & cert. ef. 6-11-96
459-035-0100 Employer Contributions for Retiree Health Insurance (1) Each employer making contributions to the RHIPA under OAR 459-0035-0050 or the RHIA under OAR 459-035-0060 shall, at the time of making the contribution, designate whether the contribution is allocable to the RHIPA or the RHIA. (2) Any forfeitures of amounts deposited in the RHIA or the RHIPA shall be used to pay the administrative expenses of the health insurance program or to reduce employer contributions to the RHIA and RHIPA on an equitable basis as determined by the Board. Statutory/Other Authority: ORS 238.410 & 238.650 Statutes/Other Implemented: ORS 238.410, 238.415 & 238.420 History: PERS 5-1999, f. & cert. ef. 11-15-99
459-035-0150 Continuation of Insurance Coverage Under COBRA (1) This rule relates to the continuation of PERS-sponsored health insurance coverage under the federal Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (COBRA) and ORS 743.600 to 743.602. PERS-sponsored health insurance plans shall provide for continuation of coverage to the extent required by COBRA and ORS 743.600 to 743.602. Nothing in this rule is intended to expand any person's continuation coverage rights under those provisions or any other applicable provision of law. (2) Any person who is on continuation of coverage under COBRA and/or ORS 743.600 to 743.602 shall pay the entire premium for that coverage and shall not be entitled to any contributions from the RHIA or RHIPA. Premium payment shall be made only by check or money order, and the check or money order must be physically received by the Third Party Administrator on or before the due date. Subject to the grace periods required by COBRA, failure to make the premium payment by the due date shall result in termination of a person continuation coverage. Statutory/Other Authority: ORS 238.410 & 238.650 Statutes/Other Implemented: 238.410 History: PERS 21-2005, f. & cert. ef. 11-1-05 PERS 4-1996, f. & cert. ef. 6-11-96
459-040-0001 Definitions The words and phrases used in this Division have the same meaning given them in ORS Chapter 238, particularly as defined in ORS 238.500 to 238.585. Additional terms are defined as follows unless context requires otherwise: (1) Former spouse” means a person whose spousal relationship with the judge member terminated before the date of the judge member’s death. (2) “Life pension” means an allowance paid monthly for: (a) The life of a retired judge member as either a service or disability retirement allowance, as described in ORS 238.535 and 238.555; (b) The life of a surviving spouse of a deceased judge member or a deceased retired judge member as described in ORS 238.565; or (c) The life of a former spouse of a deceased judge member or a deceased retired judge member as described in ORS 238.565. (3) “Plan A” means the service retirement allowance payable under ORS 238.535(1)(a). (4) “Plan B” means the service retirement allowance payable under ORS 238.535(1)(b). (5) “Pro tem judge” means a retired judge member performing temporary service as a judge without pay as a condition of retirement under the Plan B retirement option. (6) “Surviving spouse” means the spouse of the judge member at the date of the judge member’s death. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.500 - 238.585 History: PERS 11-2007, f. & cert. ef. 7-26-07
459-040-0010 General Administration (1) A person younger than age 72 becomes a judge member on the date that the person takes office as a judge. A judge member does not serve a waiting period. (2) A judge member may retire under: (a) Plan A, as provided in OAR 459-040-0030; or (b) Plan B, as provided in OAR 459-040-0040. (3) Before attaining age 60, a judge member must elect in writing, on forms furnished by the Judicial Department, whether to retire under Plan A or Plan B. A judge member who fails to make the election must retire under Plan A. (4) A judge member who has service as other than a judge member must elect a retirement option available for service in other classifications for that portion of the benefit. (5) Lump sum options are not available for judge member retirement benefits. (6) For purchases of creditable service, a judge member is subject to the same requirements as a general service member. (7) A judge member’s contributions to PERS must cease at the end of the calendar year that the judge member attains age 75. The judge member shall be retired from judicial office and receive a service retirement allowance effective January 1 of the following calendar year. (8) A person age 72 or older who becomes a judge is not eligible to become a judge member. The judge may establish membership in PERS as a general service member; see generally OAR chapter 459, divisions 10, 75, and 80 for membership eligibility guidelines for the PERS Plan. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.500 - 238.585 History: PERS 11-2007, f. & cert. ef. 7-26-07
459-040-0020 Judge Member Disability Retirement A judge member who meets the requirements of ORS 238.555 may apply for disability retirement. The provisions of OAR Chapter 459, Division 15 apply to judge member disability retirement with the following exceptions: (1) The terms “member” and “employee member” in Division 15 mean a judge member as defined in ORS 238.500. (2) “Normal retirement age” means the age at which a judge member may retire without a reduced benefit as set forth under ORS 238.535. (3) A judge member must have six years of service as a judge member to be eligible for non-duty disability retirement. (4) If a judge member meets the eligibility criteria for disability retirement, the member’s disability retirement allowance shall be based on creditable service time as though the member had continuously worked as a judge pursuant to ORS 238.555(1) or (2). (5) Former PERS judge members who have terminated membership through a withdrawal under ORS 238.545 are not eligible to receive PERS disability retirement allowances. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.555 History: PERS 12-2012, f. & cert. ef. 10-4-12 PERS 11-2007, f. & cert. ef. 7-26-07
459-040-0030 Plan A Service Retirement Allowance (1) The Plan A service retirement allowance is a life pension calculated in accordance with ORS 238.535(1)(a). (2) A judge member is not eligible to receive a service retirement allowance under Plan A before the judge member turns age 60. (3) A judge member may retire under Plan A upon written application on a form furnished by PERS: (a) At age 65 or thereafter with an unreduced service retirement allowance. (b) At or after age 60 but before age 65, with an actuarially reduced service retirement allowance. The service retirement allowance shall be reduced by 8% for each full year and 8% prorated for each partial year the effective retirement date precedes the date the judge member attains age 65. (4) If a judge member, retiring at age 70 or thereafter, was formerly contributing to the Judges’ Retirement Fund and established membership in PERS pursuant to ORS 237.215(3) (1989 Edition), the judge member shall be entitled to a service retirement allowance as provided for in ORS 238.535(4). Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.535 History: PERS 11-2007, f. & cert. ef. 7-26-07
459-040-0040 Plan B Service Retirement Allowance (1) The Plan B service retirement allowance is a life pension calculated in accordance with ORS 238.535(1)(b). (2) A judge member is not eligible to receive a service retirement allowance under Plan B before age 60. (3) A judge member may retire under Plan B at age 60 or thereafter upon written application on forms furnished by PERS. (4) A judge member who retires under Plan B must serve as a pro-tem judge for 35 days per calendar year for five years following the judge member’s retirement date. Days of service in excess of 35 days in a calendar year may be carried over and applied to the pro tem service obligation in future years. Appointment and service as a pro-tem judge is administered by the Office of the State Court Administrator under rules adopted by order of the Chief Justice of the Oregon Supreme Court. (5) If a judge member, retiring at age 70 or thereafter, was formerly contributing to the Judges’ Retirement Fund and established membership in PERS pursuant to ORS 237.215(3) (1989 Edition), the judge member shall be entitled to a service retirement allowance as provided for in ORS 238.535(4). Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.535 History: PERS 11-2007, f. & cert. ef. 7-26-07
459-040-0050 Variable Annuity Adjustments for Judge Members (1) A judge member may have elected to have a portion of the judge member’s contributions paid into the Variable Annuity Account in the Fund as provided in ORS 238.260(3) before June 30, 2003. A judge member who was participating in the Variable Annuity Account on that date may continue to make contributions to the Variable Annuity Account for service as a judge member performed on or after January 1, 2004. (2) The retirement allowance of a judge member with a variable account, whether receiving a service or disability retirement, shall be adjusted in accordance with ORS 238.260(12). The adjustment may result in a benefit greater than 75% of final average salary. (3) A retiring judge member participating in the Variable Annuity Account must elect at retirement to transfer the variable account balance to the judge member’s regular account in the fund, as of the effective date of retirement under the provisions of ORS 238.260(9), or to maintain an account in the Variable Annuity Account under the provisions of ORS 238.260(10) and (11). (4) A judge member who meets the criteria of ORS 238.260(14)(a) may elect at any time before retirement to make a one-time transfer of the balance of the judge member’s variable account to the judge member’s regular account in accordance with ORS 238.260(14). Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.260 & OL 2003 Ch. 625 & Sec.19 History: PERS 11-2007, f. & cert. ef. 7-26-07
459-040-0080 Required Minimum Distribution of Judge Member Death Benefits (1) Upon the death of a judge member, the required minimum distribution(s) to a surviving spouse and/or to a beneficiary of the deceased judge member shall be made in accordance with OAR 459-005-0560. For the purposes of this rule, a former spouse is a non-spouse beneficiary of the deceased judge member. (2) A lump sum distribution of death benefits of a deceased judge member may be eligible for a rollover in accordance with OAR 459-005-0590 to 459-005-0599. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.565 History: PERS 12-2012, f. & cert. ef. 10-4-12 PERS 11-2007, f. & cert. ef. 7-26-07
459-045-0020 Court Orders (1) A final court order must be received by PERS and approved by PERS staff as administrable before an alternate payee award can be established. (a) Current PERS divorce forms must be attached as labeled exhibits to the court order, and incorporated by reference in the court order for all members except judge members under ORS 238.500. (b) The PERS divorce forms provide all available benefit division options, conditions, and restrictions and may not be altered. (2) Responses to court orders. PERS shall provide a written response as to whether a final court order is administrable to the member, the attorney(s) that submitted the court order, former spouses, registered domestic partners, and the alternate payee if a current address can be identified . (3) In the absence of a final court order, a restraining order or stay must be filed with PERS to prevent the distribution of any funds to a member. (4) PERS shall establish an alternate payee award from a retired member’s monthly benefit as soon as administratively feasible on a prospective basis only. Court orders that purport to award retroactive benefits or benefits to be paid before the final court order is processed by PERS will be rejected as unadministrable. (5) If a final court order is received by PERS after a member has withdrawn from PERS under ORS 238.265, 238.545, 238A.120 or 238A.375, the final court order will be rejected as unadministrable. Statutory/Other Authority: ORS 238.465, 238.650 & 238A.450 Statutes/Other Implemented: ORS 238.465 History: PERS 11-2025, amend filed 09/26/2025, effective 09/26/2025 PERS 4-2010, f. & cert. ef. 5-28-10 PERS 5-1996, f. & cert. ef. 6-11-96