justicedao/ipfs_state_laws huggingface dataset:
459-007-0370 Crediting Earnings to the Employee Pension Stability Account on Withdrawal (1) When a member withdraws his or her Employee Pension Stability Account (EPSA) under ORS 238A.375, earnings or losses from the effective date of the last annual rate to the date of distribution shall be credited in the manner specified in this rule. (2) Earnings or losses on the member’s EPSA shall be credited as follows: (a) If earnings or losses for the calendar year prior to the date of distribution have not been credited, earnings or losses for that year shall be credited to the member’s EPSA based on the latest year-to-date calculation for that year. (b) Earnings or losses credited for the calendar year of distribution shall be credited to the member’s EPSA based on the latest year-to-date calculation as of the first day of the calendar month of the date of distribution . Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.265 & 238A.353 History: PERS 19-2020, amend filed 12/04/2020, effective 12/04/2020 PERS 9-2020, adopt filed 06/23/2020, effective 06/23/2020
459-007-0400 Crediting Earnings Upon Withdrawal of a Judge Member Account Upon withdrawal of a judge member account under ORS 238.545, earnings from the last judge member annual rate to the date of distribution will be credited as specified in this rule. (1) Earnings will be credited to the judge member regular account as follows: (a) If earnings for the calendar year before the calendar year of the withdrawal have not yet been credited, earnings for that year will be credited based on the latest judge member regular account year-to-date calculation available for that year. (b) Earnings for the calendar year of the withdrawal will be credited from January 1 to the effective date of withdrawal based on the latest judge member regular account year-to-date calculation as of the effective date of withdrawal. (2) If the judge member is participating in the Variable Annuity Account, earnings will be credited to the variable account as follows: (a) If earnings for the calendar year before the calendar year of the withdrawal have not yet been credited, earnings for that year will be credited based on the latest variable account year-to-date calculation available for that year. (b) Earnings for the calendar year of the withdrawal will be credited from January 1 to the effective date of withdrawal based on the latest variable account year-to-date calculation as of the effective date of withdrawal. (3) After earnings have been credited in accordance with sections (1) and (2) of this rule, the balance of the variable account shall be added to the balance of the judge member regular account and the sum shall constitute the withdrawal amount. (4) Earnings on the withdrawal amount from the effective date of withdrawal to the date of distribution will be credited based on the average annualized rate, prorated for that period. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.250, 238.255, 238.260, 238.515, 238.545 & OL 2003 Ch. 625 History: PERS 5-2009, f. & cert. ef. 4-6-09
459-007-0410 Crediting Earnings Upon the Death of a Judge Member Upon the death of a judge member, earnings will be credited to the judge member account as specified in this rule. (1) If a judge member dies before retirement, earnings from the last judge member annual rate will be credited as follows: (a) Judge member regular account. (A) If earnings for the calendar year before the calendar year of the judge member’s death have not yet been credited, earnings for that year will be credited based on the latest judge member regular account year-to-date calculation available for that year. (B) Earnings for the calendar year of the judge member’s death will be credited from January 1 to the first of the month of the judge member’s death based on the latest judge member regular account year-to-date calculation as of the first of the month of the judge member’s death. (b) If the judge member was participating in the Variable Annuity Account: (A) If earnings for the calendar year before the calendar year of the judge member’s death have not yet been credited, earnings for that year will be credited based on the latest variable account year-to-date calculation available for that year. (B) Earnings for the calendar year of the judge member’s death will be credited from January 1 to the first of the month of the judge member’s death based on the latest variable account year-to-date calculation as of the first of the month of the judge member’s death. (c) After earnings have been credited in accordance with this section, the balance of the variable account shall be added to the balance of the judge member regular account and the sum shall constitute the judge member account balance as of the judge member’s date of death. No earnings or interest may be credited to the judge member account after the judge member’s date of death. (2) If a judge member dies after the judge member’s effective retirement date, the judge member account balance at retirement must be determined under the provisions of OAR 459-007-0420. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.250, 238.255, 238.260, 238.515, 238.565 & OL 2003 Ch. 625 History: PERS 5-2009, f. & cert. ef. 4-6-09
459-007-0420 Crediting Earnings at Judge Member Service or Disability Retirement Upon retirement of a judge member for service or disability, earnings from the effective date of the last judge member annual rate to the effective date of retirement will be credited to the judge member account as specified in this rule. (1) Judge member regular account. (a) If earnings for the calendar year before the calendar year of the judge member's retirement have not yet been credited, earnings for that year will be credited based on the latest judge member regular account year-to-date calculation available for that year. (b) Earnings for the calendar year of the judge member's retirement will be credited from January 1 to the judge member’s effective retirement date based on the latest judge member regular account year-to-date calculation as of the judge member's effective retirement date. (2) If the judge member is participating in the Variable Annuity Account: (a) If earnings for the calendar year before the calendar year of the judge member's retirement have not yet been credited, earnings for that year will be credited based on the latest variable account year-to-date calculation available for that year. (b) Earnings for the calendar year of the judge member's retirement will be credited from January 1 to the judge member’s effective retirement date based on the latest variable account year-to-date calculation as of the judge member's effective retirement date. (3) After earnings have been credited in accordance with sections (1) and (2) of this rule, the sum of the variable account balance and the judge member regular account balance shall constitute the judge member account balance as of the judge member’s effective retirement date. No earnings or interest may be credited to the judge member account after the judge member’s effective retirement date. If, however, the judge member elects to continue participation in the Variable Annuity Account after retirement, the portion of the allowance payable from the Variable Annuity Account will be adjusted for changes in that account’s value in accordance with ORS 238.260(10). Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.250, 238.255, 238.260, 238.515, 238.565 & OL 2003 Ch. 625 History: PERS 5-2009, f. & cert. ef. 4-6-09
459-007-0510 Crediting Earnings to Employer Contribution Accounts When funds are transferred from an employer contribution account to the Benefits-In-Force Reserve due to a member’s death, disability retirement, service retirement or other purpose, earnings shall be credited to the employer contribution account in the manner specified in this rule. (1) Earnings shall be credited based on the same method used to determine the rate of earnings to be credited to member accounts upon a member’s death or retirement. (2) Earnings shall be credited at year-end closing on a retroactive basis, effective as of the first of the calendar month following the date of the transfer. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238 History: PERS 8-2004, f. & cert. ef. 4-15-04 PERS 3-1999, f. & cert. ef. 7-27-99
459-007-0900 Crediting Earnings To Integration Lump Sum Payments (1) For the purposes of this rule, “integration lump sum payment” means any funds received from an employer as the transfer of any prior plan assets under ORS 238.680, excluding any member account balances. (2) If the integrating employer’s members have no prior plan assets to transfer, the integration contract will state what portion of the integration lump sum payment is attributable to member regular accounts. (3) Pursuant to ORS 238.229(4), the integration lump sum payment shall first be applied to liabilities attributable to creditable service by employees of the employer before the employer was grouped with other public employers. Earnings on these amounts shall be credited based on the following: (a) For the month in which the integration lump sum payment is received, earnings shall be credited based on the average annualized rate, prorated for the number of days from date of receipt to the end of the month. (b) For the remainder of the year, the integration lump sum payment shall receive earnings based on the difference between the December latest year-to-date calculation for Tier Two annual earnings and the Tier Two year-to-date calculation in effect as of the first of the month following the payment date. (c) In subsequent calendar years, earnings shall be credited to the integration lump sum payment in accordance with OAR 459-007-0530(2). Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238 History: PERS 3-2009, f. & cert. ef. 4-6-09 PERS 13-2003, f. & cert. ef. 11-14-03 PERS 4-2003(Temp), f. 6-13-03, cert. ef. 7-1-03 thru 12-26-03 PERS 9-2000, f. 12-15-00 cert. ef. 1-1-01
459-009-0020 Public Employer (1) A "public employer" shall have the same meaning as that term is given in ORS 238.005 and shall include all public school districts and educational service districts. (2) The employing entity (public employer) is that entity having the final authority to direct and control an individual in the performance of assigned work or duties. This authority may be active or reserved; expressed or implied. In determining who is the employing entity, the following factors shall be used: (a) Who has or had the authority to select and engage the employee; (b) Who has or had the power of dismissal; and (c) Who has or had the authority and responsibility for directing and/or supervising the individual's work and for controlling the individual's conduct at work. (3) The source of payment for labor or services is not of itself a controlling factor in deciding the identity of the employer. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.005 & 238.205 History: PERS 21-2005, f. & cert. ef. 11-1-05 PERS 1-1996, f. & cert. ef. 3-26-96, Renumbered from 459-010-0034 PERS 7-1992, f. & cert. ef. 11-9-92
459-009-0050 Payment of Cost Estimates A public employer entering the system established by ORS 238.600 may be charged for any cost estimates prepared by the regular office staff PERS, and shall pay the cost of estimates computed for it in advance by the actuaries employed by the Public Employees Retirement Board. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.015 & 238.620 History: PERS 5-1999, f. & cert. ef. 11-15-99 PERS 1-1996, f. & cert. ef. 3-26-96, Renumbered from 459-010-0120 PER 8, f. 12-15-55
459-009-0091 Unfunded Actuarial Liability Resolution Program (1) The Unfunded Actuarial Liability Resolution Program offers employers a PERS resource checklist and the use of the Employer Rate Projection Tool to assess the potential impact on employer contribution rates with varying employer lump sum payments and amortization periods. (2) An employer will meet the requirement for participation in the Unfunded Actuarial Liability Resolution Program when it submits an attestation confirming its use of the Employer Rate Projection Tool along with the resource checklist provided by PERS to form its own funding plan. Statutory/Other Authority: ORS 238.650 & ORS 238A.450 Statutes/Other Implemented: ORS 238.225 - 238.229 History: PERS 10-2019, adopt filed 12/06/2019, effective 12/06/2019 PERS 6-2019, temporary adopt filed 08/16/2019, effective 08/16/2019 through 02/11/2020
459-009-0098 Employer Contribution Rate In determining the amounts to be paid to PERS by a public employer, if a current employer contribution rate does not exist for an employer and they employ fewer than five active members on their payroll, PERS will apply the system-wide average rate as the employer contribution rate. Statutory/Other Authority: ORS 238.650 & Sections 35 and 37, chapter 355, Oregon Laws 2019 Statutes/Other Implemented: ORS 238.225 & ORS 238A.220 History: PERS 3-2021, adopt filed 02/01/2021, effective 02/01/2021
459-009-0130 Contributions for Prior Periods (1) When contributions under ORS 238.205, ORS 238A.330, ORS 238A.335, or ORS 238A.340 are determined by PERS to be required for salary paid in previous calendar years, or allocated to such years pursuant to ORS 238.005, 238A.005 or USERRA, PERS must notify both the employee and the employer of the amount of contributions required, the pay period and salary for which the contributions are to be paid, and the information relied upon by PERS in determining that the contributions are due. The employer must forward the required contributions to PERS. (2) The notice provided under section (1) will also include a determination of the amount of earnings owed on the contributions, the amount of earnings the employer must pay, and any amount of earnings PERS will pay. (a) In determining the amount of earnings the employer must pay, PERS will not include earnings attributable to periods after the date the employer submitted the contributions if: (A) The employer submitted the contributions before PERS sent the notice that they were owed, and (B) PERS returned or failed to accept the contributions. (b) Notwithstanding subsection (a) of this section, when an employer is late with a contribution required under USERRA, PERS will charge the employer with earnings that would have been credited to a member’s account if the contribution was timely made. For the purpose of applying earnings for prior periods, an employer is considered late if an employer submits a contribution required under USERRA after the later of: (A) A date after when contributions are due under 20 CFR §1002.262; or (B) A date after the annual earnings would have been credited to an employee’s account for the calendar year of the member’s reemployment. (c) Any earnings paid by PERS will be charged to current year earnings in the year that the earnings are actually credited to the employee’s account. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.200, 238.705, 238A.330, 238A.335 & 238A.340 History: PERS 6-2022, minor correction filed 05/18/2022, effective 05/18/2022 PERS 2-2022, amend filed 01/31/2022, effective 01/31/2022 PERS 4-2008, f. & cert. ef. 4-2-08 PER 8, f. 12-15-55; PER 4-1980(Temp), f. 11-26-80, ef. 12-1-80; PER 1-1984(Temp), f. & ef. 6-29-84; PER 2-1984(Temp), f. & ef. 9-26-84; PER 1-1985, f. & ef. 3-22-85; PERS 1-1995, f. 9-12-95, cert. ef. 1-1-96; PERS 1-1996; f. & cert. ef. 3-26-96; Renumbered from 459-010-0135(4); PERS 10-1998, f. & cert. ef. 6-17-98
459-009-0400 Insolvent Employer (1) For the purposes of this rule, an “insolvent employer” is an employer that meets all of the following requirements: (a) The employer has dissolved either by statute or administrative action as an ongoing entity; (b) There are no assets from which PERS can collect to cover the dissolved employer’s PERS liability or there are inadequate assets to cover all PERS liability; and (c) There is no entity either by operation of law or contractual agreement that is responsible for the dissolved employer’s remaining liability, or PERS is unable to assign the remaining liability to an entity. (2) If PERS determines an employer is insolvent, the board may take action to satisfy some or all of the outstanding liability of an insolvent employer to the fund through the Contingency Reserve established under ORS 238.670(1). Statutory/Other Authority: ORS 238.650 & 238A.450 Statutes/Other Implemented: ORS 238.670 History: PERS 2-2017, f. & cert. ef. 5-26-17
459-010-0000 Purpose and Authority (1) In accordance with ORS 238.650, membership in PERS shall be administered by PERS under the policies and procedures established by the Board. (2) The Board adopts the rules of chapter 459, division 010, to define and clarify, and to establish procedures for the efficient administration of membership in PERS in accordance with the provisions of ORS Chapter 238. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238 History: PERS 12-1998, f. & cert. ef. 12-17-98
459-010-0011 Authorized Paid Leave of Absence (1) Definition of "remuneration in return for services to the public employer." For purposes of ORS 238.005, remuneration in return for services to the public employer means: (a) The employee must be paid by the participating employer for their services; (b) The employer and employee must lawfully agree, expressly or implicitly, that the payment is for services to the employer; and (c) The payment must in fact be remuneration for services to the participating public employer. (2) Paid Leave. For purposes of creditable service as defined in ORS 238.005, payments to employees during paid leave shall be considered salary, as defined under ORS 238.005, if: (a) Prior to leave being taken, the employer and employee have lawfully agreed to the terms and conditions of paid leave either through an agreement or pursuant to the employment policies of the employer that are expressly or implicitly accepted by the employee; and (b) The agreement or policy governing paid leave provides that such leave is: (A) For a specified period, including a period that may be extended by the employer, which period may be either a specified time or determinable based on the character of the services to be performed; (B) Subject to approval by the employer; and (C) Subject to an express, reasonable expectation that the employee will return to the employee's regular duties. (3) 600 Hour Requirement. For the purposes of ORS 238.005, a member is not "inactive" when: (a) The member is absent from service while on authorized paid leave; and (b) The member's employment position normally requires 600 or more hours of service to the public employer in a 12-month period. (4) IRS Requirements. The proposed rule must be consistent with IRS requirements and the agreements specified in this rule are governed by ORS 238.618. (5) Effective Date. The provisions of this rule shall be prospective and effective on January 1, 2002. Employers shall maintain a record that past employment practices and agreements have been changed to comply with the provisions of this rule. Past employment practices, with respect to paid leaves of absence occurring prior to the effective date of this rule, are recognized as complying with the then requirements, statutes and rules governing PERS. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.005, 238.015, 238.025 & 238.200 History: PERS 21-2005, f. & cert. ef. 11-1-05 PERS 9-2001, f. 12-14-01, cert. ef. 1-1-02
459-010-0019 Retirement Eligibility (1) A member’s most recent qualifying position at the time of separation from service with all participating employers establishes the member’s classification for purposes of normal and early service retirement eligibility and disability retirement allowance calculations except: (a) A member employed in a qualifying position as a police officer or firefighter who reaches earliest retirement age under ORS 238.280 retains retirement eligibility as a police officer or firefighter. A member described in this subsection who subsequently is employed in a qualifying position as other than a police officer or firefighter retains retirement eligibility as a police officer or firefighter. (b) A member who separates from service in a qualifying position as a police officer or firefighter before reaching earliest retirement age under ORS 238.280 retains classification as a police officer or firefighter provided the member does not return to a qualifying position as other than a police officer or firefighter before reaching earliest retirement age under ORS 238.280. (c) A member employed in a qualifying position as other than a police officer or firefighter who reaches earliest retirement age under ORS 238.280 retains retirement eligibility as other than a police officer or firefighter. (2) A member who is employed by one employer in qualifying positions as a police officer or firefighter and as other than a police officer or firefighter is a police officer or firefighter for purposes of this rule. (3) A member who is concurrently employed by two or more employers in qualifying positions as a police officer or firefighter and as other than a police officer or firefighter is a police officer or firefighter for purposes of this rule. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.280, 238.300 & 238.320 History: PERS 4-2011, f. & cert. ef. 8-4-11
459-010-0045 Substitution of Annuity (1) A public employer participating in the Public Employees Retirement System may petition the Public Employees Retirement Board to substitute an annuity which an employee has already commenced to purchase as provided by ORS 238.015(7) for all benefits otherwise provided for in ORS Chapter 238. (2) The benefit adequacy of the substitute annuity shall be determined by the employer. In determining the adequacy of the benefits, the employer shall assure that the substitute annuity provides no less than 80 percent of the total actuarial present value of what the system would provide, under a service or disability retirement or a death benefit, and vesting for the same period of employment. (3) A petition for substitution of an annuity by a public employer shall include the following: (a) A copy of the proposed contract between the employee and the employer for the substitution of an annuity; (b) A complete description of the annuity to be substituted. (4) PERS staff shall have PERS' consulting actuary review the public employer's petition to assure: (a) The documentation that the benefit adequacy meets the standard in section (2) of this rule. (b) The proposed contract between the employee and the employer is in compliance with state and federal laws and regulations. (c) The public employer shall bear the costs of the actuarial review. (5) The Board may require the public employer to provide additional information necessary to confirm the employer's determination of the actuarial present value of benefits to be provided by the substituted annuity. (6) The retirement annuity provided by the Federal Retirement System is considered as an acceptable annuity for an employee participating in that plan and desiring to be exempted from contributing to PERS, provided the federal annuity is adequate in amount. (7) In all cases, the agreement for substitution of an annuity must be executed by the employee, the employer, and the (Board) system. (8) In the event an employee elects to no longer substitute an annuity, the employee, if otherwise eligible, shall become an active member in the system effective with the first of the calendar month following receipt of the employee's written election. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemented: ORS 238.015(7) History: PERS 19-2005, f. 11-1-05, cert. ef. 1-1-06 PERS 12-1998, f. & cert. ef. 12-17-98 PER 8, f. 12-15-55