justicedao/ipfs_state_laws huggingface dataset:
459-014-0050 Designation of Beneficiary at Retirement and Survivor Benefits (1) For the purposes of this rule, “first payment is due” means the first of the calendar month after the effective retirement date. (2) The beneficiary designated on an application for service retirement becomes effective on the effective retirement date. If the service retirement application is rejected by PERS, canceled by the member, or if the member dies prior to the effective retirement date, the beneficiary designation on the retirement application is null and void and does not revoke previous pre-retirement beneficiary designations on file. (3) PERS must receive a copy of the death certificate of the member or alternate payee. (4) When a retired Tier One or Tier Two member or alternate payee dies: (a) Before the first payment is due, the benefit option selected pursuant to ORS 238.300 or 238.305 determines how benefits are paid to the designated beneficiary. (b) After the first payment is due, unpaid 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 238.390(4) or, in the event there is no designated beneficiary at the time of member or alternate payee’s death, as provided in ORS 238.390(2). (5) A monthly benefit payable to a beneficiary is effective the first of the month after the last month payable to the member or alternate payee. (6) If a retired member receiving unit payments under ORS 238.440 dies before the last payment has been made, the designated beneficiary will receive a lump sum payment of the remaining unit account balance. There is no benefit due from employer contributions. (7) If adjustments are made to the retirement allowance or benefit of a deceased retiree: (a) A member’s estate will be invoiced for any overpayment of benefits paid to the member. Any underpayment of benefits to the member will be paid as accrued benefits in accordance with subsection (4)(b) of this rule. (b) An alternate payee’s estate will be invoiced for any overpayment of benefits paid to the alternate payee. Any underpayment of benefits to the alternate payee will be paid as accrued benefits in accordance with subsection (4)(b) of this rule. (c) A beneficiary or a beneficiary’s estate will be paid any underpayment or invoiced for any overpayment of benefits paid to a beneficiary. Statutory/Other Authority: ORS 238.650 & 238A.450 Statutes/Other Implemented: ORS 238.300, 238.305, 238.390, 238.715, 238A.190 & 238A.400 History: PERS 8-2022, amend filed 05/27/2022, effective 05/27/2022 PERS 2-2021, amend filed 02/01/2021, effective 02/01/2021 PERS 2-2012, f. & cert. ef. 2-1-12
459-015-0000 Purpose (1) The Legislative Assembly has established within the Public Employees Retirement System (PERS) a program for early retirement by reason of disability. The disability retirement program is solely intended to provide benefits to those members who are unable to work because they are disabled and cannot perform any work for which they are qualified. (2) Disability retirement is an expedited retirement allowance resulting from a disability and is intended solely to provide benefits to PERS members who are unable to work because they are disabled. A disability retirement allowance is not in addition to a service retirement allowance. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.320 - 238.345 History: PERS 15-2005, f. & cert. ef. 10-3-05
459-015-0030 Hearings on Denial or Discontinuance of Disability Retirement Allowances (1) A final denial of an application for disability benefits, or any decision discontinuing a previously granted disability retirement 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 last employed as a police officer or firefighter as defined in OAR 238.005 to dispute the final denial of a disability retirement application under ORS 238.320: (a) PERS must refer the case for contested case hearing no later than 180 days after PERS receives the member’s request for 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 238.320. (c) Contested case hearing extension requests must be submitted to PERS in writing. (d) A member who is eligible for ORS 238 disability retirement benefits under ORS 238.320 due to operation of the default contested case deadlines remains subject to routine periodic reviews as provided for in OAR 459-015-0050. (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 the staff in presenting its position, and to assist in the development of a complete hearing record. (a) 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. (b) 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. (c) Any disputed claim concerning a disability retirement 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 183.310 - 183.550, 183.600 - 183.690 & 238.650 Statutes/Other Implemented: ORS 238.320 - 238.345 History: PERS 17-2025, amend filed 12/05/2025, effective 12/05/2025 PERS 7-2010, f. & cert. ef. 8-2-10 PERS 21-2005, f. & cert. ef. 11-1-05 PERS 9-2003, f. & cert. ef. 8-4-03 PERS 2-1992, f. & cert. ef. 1-14-92, Renumbered from 459-001-0020 PER 3-1980, f. & ef. 5-8-80 PER 6-1979(Temp), f. & ef. 11-21-79
459-015-0035 Evidence — Contested Case Hearings (1) Applicant's documentary evidence: (a) At least 30 days before the scheduled hearing, the applicant shall file with the administrative law judge and serve upon the assigned Assistant Attorney General a copy of each document proposed to be introduced in evidence. Failure to comply may constitute grounds to deny admission of the document at hearing. Unless cross-examination is requested of the document preparer or custodian, within 20 days prior to hearing, a timely served and filed document may be offered subject to the same standards and received with the same effect as oral testimony; (b) To develop a record that is necessary and appropriate and to achieve fairness, the administrative law judge has the discretion to admit documents/reports not filed and served within 30 days of a hearing unless the party opposing the admission demonstrates that the admission is prejudicial. The administrative law judge will also have the discretion to allow for cross-examination and rebuttal evidence not requested precisely in accordance with the rules. (2) If cross-examination is requested of the document preparer or custodian as provided in subsection (1)(a) of this rule, and the requestor is informed within ten days prior to the hearing that the requested witness will not appear for cross-examination, the document may be received in evidence if the administrative law judge determines that it does not prevent the creation of a complete and accurate record upon which the Board will be able to make a well informed determination in the matter. Statutory/Other Authority: ORS 183.310 - 183.550, 183.600 - 183.690, 237.171, 237.191 & 237.263 History: PERS 21-2005, f. & cert. ef. 11-1-05 PERS 2-1992, f. & cert. ef. 1-14-92
459-015-0040 Proof of Case — Contested Case Hearings (1) Burden of Proof in Hearings: The burden of proof for entitlement to a disability retirement allowance is upon the applicant. The Board is not required to prove that the applicant is entitled to a disability retirement allowance. (2) Standards of Proof: (a) An order granting entitlement to a disability retirement allowance shall be supported in the record by sufficient evidence demonstrating that the applicant suffers from a physical or mental/ emotional injury or disease, and that the applicant is unable to perform any work for which he or she is qualified; (b) An order denying entitlement to a disability retirement allowance need not be supported by medical or vocational evidence presented by the Board. An order may deny entitlement to a disability retirement allowance if the applicant fails to present sufficient proof of disability and inability to work. An order may deny entitlement to a disability retirement allowance on the basis of medical or vocational evidence presented by the Board. (3) Professional opinions: (a) A physician may express an opinion regarding whether the injury or disease was caused by the performance of job duties; (b) A physician may express an opinion regarding the applicant's ability to perform any work, related tasks, or functions; (c) The administrative law judge shall have the discretion to give more weight to the testimony (findings and opinions) of the treating, the examining, or the consulting physician as the facts indicate. Statutory/Other Authority: ORS 183.310 - 183.550, 183.600 - 183.690, 237.171, 237.191 & 237.263 History: PERS 21-2005, f. & cert. ef. 11-1-05 PERS 2-1992, f. & cert. ef. 1-14-92
459-020-0015 Collection of Pro Rata Share of Administrative Expenses (1) Each public agency, as defined in ORS 237.410, must pay to the Board an amount determined by the Board to be the public agency’s obligation for administrative expenses incurred by the Board in the administration of ORS 237.410 to 237.515. (2) The Board will determine administrative expenses for a period of 12 calendar months beginning July 1 of each year and allocate the expenses to each public agency in proportion to the number of employees reported to the Board by the public agency. The Board will invoice each public agency for: (a) A minimum amount of $15.00; and (b) The public agency’s pro rata share of administrative expenses, to the extent that amount exceeds $15.00. (3) Administrative expenses charged to a public agency must be paid to the Board no later than 30 days after the date the invoice is issued. Statutory/Other Authority: ORS 237.470 Statutes/Other Implemented: ORS 237.500 History: PERS 5-2011, f. & cert. ef. 8-4-11 PERS 21-2005, f. & cert. ef. 11-1-05 PER 9, f. 12-15-55
459-020-0030 Information and Records from Employer (1) Upon request from the Board, an employer must provide to the Board records and information, including: (a) Personnel information; (b) Possible exclusions from coverage; (c) Employer’s legal name and status; (d) Federal employer identification number; (e) Employee-employer relationship; or (f) Information requested by the Commissioner of Social Security. (2) If 30 days have elapsed from the date of the Board’s request, the Board may, without further notice, send a staff member to the employer’s premises to examine the employer’s records and obtain the necessary reports. The employer shall make its records available to the Board’s staff during normal business hours. The entire cost of such examination shall be paid by the employer. Statutory/Other Authority: ORS 237.470 Statutes/Other Implemented: ORS 237.480 History: PERS 5-2011, f. & cert. ef. 8-4-11 PER 7-1981, f. & ef. 3-5-81 PER 9, f. 12-15-55
459-020-0050 Application for Inclusion A public agency, as defined in ORS 237.410, may apply to the Board for inclusion in the agreement under ORS 237.440 by submitting to the Board: (1) A resolution by the agency’s legislative or governing body requesting inclusion in the agreement entered into by the Board under ORS 237.414; and (2) A completed Social Security coverage Application and Agreement. Statutory/Other Authority: ORS 237.470 Statutes/Other Implemented: ORS 237.440 History: PERS 5-2011, f. & cert. ef. 8-4-11 PERS 21-2005, f. & cert. ef. 11-1-05 PER 6-1981, f. & ef. 3-5-81 PER 9, f. 12-15-55
459-030-0009 Contents of the Petition (1) A petition for exemption of a public employer shall contain the following information: (a) The name of the public employer; (b) For current affected police officers and fire fighters; a list of the names, ages, sex, dates of employment and plan participation, annual employee contributions (withheld or picked up) to the employer’s plan for each year of participation beginning in 1973 with total current account balances of employee contributions, if applicable, and total gross salaries paid in each of the three most recent calendar years; (c) A copy of the plan including each written trust agreement, contract or insurance policy providing retirement benefits to the public employer’s police officers and fire fighters; (d) Such additional information as will assist an actuary retained by the Board in reviewing the retirement benefits to be provided the police officers and fire fighters. (2) Information provided in the petition shall be current as of the valuation date. Statutory/Other Authority: ORS 237 History: PERS 1-1989, f. & cert. ef. 12-4-89 PER 13-1981, f. & ef. 11-23-81 PER 4-1978, f. & ef. 11-2-78
459-030-0011 “Equal To or Better Than” Exemption (1) A public employer that provides retirement benefits to its police officers and firefighters pursuant to ORS 237.620(2) is exempt from participation in PERS for such employees. (2) An exemption under this division will continue until the Board, upon review of the public employer’s retirement plan, determines that the plan no longer meets the required standard. (3) Whenever a change in benefits in the public employer’s retirement plan is adopted, the public employer must petition the Board for review of the employer’s plan within 60 days. (4) Whenever a change in benefits in the PERS Plan is adopted, the Board will determine if the change increases benefits such that the public employer’s retirement plan must be reviewed. (5) In any event, at least once every 12 years the Board will determine, pursuant to section (2) of this rule, whether an employer’s exemption should continue. (6) The Board may delegate the determination of whether such an employer’s plan qualifies for an exemption to the PERS Executive Director. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 237.620, 237.635 & 237.637 History: PERS 2-2009, f. & cert. ef. 2-12-09 PERS 9-2005, f. & cert. ef. 2-22-05 PERS 1-1989, f. & cert. ef. 12-4-89, Renumbered from 459-030-0020 PER 4-1978, f. & ef. 11-2-78
459-030-0015 Actuarial Review (1) Upon the filing of a petition, the Board shall schedule an actuarial review of the public employer’s retirement plan to be conducted by an actuary retained by the Board at the expense of the public employer. (2) An actuary retained by the Board may require the public employer to provide such additional information as the actuary considers necessary. Failure to provide the actuary with the requested information on a timely basis shall constitute sufficient ground for the Board to dismiss the petition with prejudice. Statutory/Other Authority: ORS 237 History: PERS 1-1989, f. & cert. ef. 12-4-89 PER 14-1981, f. & ef. 11-23-81 PER 4-1978, f. & ef. 11-2-78
459-030-0030 Board Action on Petition and Review of Order (1) The actuary will issue a written report that concludes whether a public employer's plan meets the standards for receiving an exemption under OAR 459-030-0025. After receipt of the written actuarial review report and recommendations of staff, the Board will issue an order granting or denying the petition for exemption. No order denying a petition for exemption will be issued until at least 90 days after the actuary had delivered its report to the Board. During that period, the public employer may amend its plan to comply retroactive to the valuation date or file a written request for an extension. Upon filing of that request, the Board will not enter an order denying a petition for exemption for an additional 60 days after receiving the request. If a public employer submits an amended plan before the Board adopts an order denying the exemption, the actuary will submit a supplemental report on whether the amended plan meets the required standards under 459-030-0025. The Board may adopt an order at any time after receiving the supplemental report. (2) Within 60 days of the effective date of any order issued under this rule, the public employer, the affected public employees, or their labor representative may file a petition for rehearing or reconsideration pursuant to OAR 459-001-0010 and 459-001-0040. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 237.620, 237.635 & 237.637 History: PERS 2-2009, f. & cert. ef. 2-12-09 PERS 9-2005, f. & cert. ef. 2-22-05 PERS 1-1989, f. & cert. ef. 12-4-89 PER 4-1978, f. & ef. 11-2-78
459-035-0000 Policy and Goals (1) The health insurance plans of the Public Employees Retirement System (PERS) are established and shall be administered as provided in ORS 238.410, 238.415, 238.420 and 238A.050. The Public Employees Retirement Board (Board) may enter into one or more contracts with health insurance carriers licensed to do business in the State of Oregon, or certified in another state that is operating under the laws of that state, to obtain health insurance coverage for eligible retirees, and their spouses or dependents. (2) Benefits shall be provided under the Board’s health insurance programs for eligible persons through retiree contributions and any other available funding to cover the Board’s costs of health care coverage and administration under insurance contract between the Board and insurance carriers. Statutory/Other Authority: ORS 238.410, ORS 238.650 & 238A.450 Statutes/Other Implemented: ORS 238.410, 238.415, 238.420 & 238A.050 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 5-1999, f. & cert. ef. 11-15-99 PERS 4-1996, f. & cert. ef. 6-11-96
459-035-0010 Standard Retiree Health Insurance Account (1) ORS 238.410(7) establishes the Standard Retiree Health Insurance Account (SRHIA). The SRHIA shall be used only for the purposes set forth in ORS 238.410(7). (2) Upon receipt by PERS, all premium payments as described in OAR 459-035-0090, shall be deposited in the SRHIA. (3) Funds in the SRHIA shall be paid out only as follows: (a) In accordance with insurance carrier contracts, premiums charged by a carrier for eligible persons’ health insurance coverage, shall be paid to the carrier(s) from the SRHIA. (b) In accordance with contract(s) entered into by the Board under ORS 238.410(6), administrative costs incurred in administering the PERS health insurance program shall be paid from the SRHIA. (4) The total contributions paid into the SRHIA, RHIA and RHIPA will not exceed 25% of the aggregate contributions to the retirement benefits. (5) The Director shall provide a report at the close of each calendar year that will contain the following elements: (a) Total contributions by participating employers into the Public Employees Retirement Fund during the calendar year immediately past and the total accumulation of such contributions since July 11, 1987. (b) Total contributions paid by participating employers into RHIA and RHIPA, and the total accumulation of such contributions since July 11, 1987. (c) Total contributions by all eligible persons into SRHIA. (d) The ratio of (a) to (b)+(c) expressed as a percentage. (6) The Director shall provide a report to the PERS Board disclosing the ratio expressed in the calculation of (5)(d) and shall note whether PERS is compliant with the 25% rule under Internal Revenue Code §401(h). Statutory/Other Authority: ORS 238.410 & 238.650 Statutes/Other Implemented: ORS 238.410, 238.415 & 238.420 History: PERS 14-2002, f. & cert. ef. 11-18-02 PERS 5-1999, f. & cert. ef. 11-15-99
459-035-0020 Eligibility, General This rule describes the eligibility requirements for a person to be eligible to participate in a PERS-sponsored health insurance plan. An “eligible person” includes a retiree, a spouse, a dependent, a dependent domestic partner, and a surviving spouse or dependent. Each category of “eligible person” is defined as follows: (1) A retiree as defined in OAR 459-035-0001(14). (2) The spouse of a retiree. (3) A dependent means a dependent child as defined in OAR 459-035-0001(1) who satisfies one of the following requirements: (a) The child is less than 26 years of age; or (b) The child is 26 years of age or more and has either been continuously dependent upon the retiree since childhood due to disability or physical handicap, or has been covered under a health care insurance plan as the retiree’s dependent for at least 24 consecutive months immediately before enrollment in a PERS-sponsored health insurance plan. In either case, the following additional requirements must also be satisfied: (A) The child is not able to achieve self-support through his or her work due to a developmental disability, mental or physical handicap as verified by a physician and accepted by the carrier; and (B) The incapacity is continuous and began before the date the child would otherwise have ceased to be an eligible dependent. (4) A dependent domestic partner as defined in OAR 459-035-0001(2). (5) A surviving spouse or dependent means a person who is the surviving spouse or dependent of: (a) A deceased retiree; or (b) A deceased PERS member who was not retired but who was eligible to retire at the time of death; or (c) A deceased retiree who was receiving a retirement payment or benefit, or a pension calculated under ORS 1.314 to 1.380 (1989 Edition), provided that the person was covered under a PERS-sponsored health insurance plan at the time of the retiree’s death. (6) In no event shall an eligible person as defined in this rule be entitled to coverage under more than one PERS-sponsored medical, dental, or long term care insurance plan. (7) In no event shall an eligible person as defined in this rule be entitled to participate as a retiree and as a spouse, dependent, or dependent domestic partner. Statutory/Other Authority: ORS 238.410, 238.650 & 238A.450 Statutes/Other Implemented: ORS 238.410 & 238A.050 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