reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 7 - EARNINGS AND INTEREST DISTRIBUTION › Section 459-007-0320 - Crediting Earnings for IAP Account Lump Sum Payments

Current through Register Vol. 63, No. 7, July 1, 2024
When an IAP member elects to withdraw their account(s)
				established under ORS
				238A.350 according to ORS
				238A.375 or retires and elects to receive a lump sum payment of those account(s) under
				ORS
				238A.400(1),
				earnings will be credited in the manner specified in this rule.
(1) If earnings for the calendar year before
			 the date of distribution have not been credited, earnings for that year will be
			 credited based on the member's target date fund's latest IAP year-to-date
			 calculation available for that year.
(2) Earnings credited for the calendar year
			 of distribution will be credited based on the member's target date fund's
			 latest IAP year-to-date calculation as of the first day of the calendar month
			 of the date of distribution.
Statutory/Other Authority: ORS
				  238A.450
Statutes/Other Implemented: ORS
				  238A.350,
				  238A.375  & 238A.400
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 7 - EARNINGS AND INTEREST DISTRIBUTION › Section 459-007-0330 - Crediting Earnings for IAP Account Installment Payments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purposes of this rule, "monthly
			 change rate" means the monthly earnings rate for IAP account(s) invested in the
			 retirement installments fund when a retiree elects installment
			 payments.
(2) When an IAP member
			 retires and elects to receive installment payments under ORS
			 238A.400(2),
			 earnings will be credited in the manner specified in this rule:
(a) For the initial installment payment:
(A) If earnings for the calendar year before
			 the date of distribution have not been credited, earnings for that year shall
			 be credited based on the member's target date fund's latest IAP year-to-date
			 calculation available for that year.
(B) Earnings credited for the calendar year
			 of distribution will be credited based on the member's target date fund's
			 latest IAP year-to-date calculation as of the first day of the calendar month
			 of the initial date of distribution.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 7 - EARNINGS AND INTEREST DISTRIBUTION › Section 459-007-0335 - Crediting Earnings for IAP Account Pre-Retirement Death Benefit Payments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of this rule, "monthly change rate" means the monthly earnings rate
			 for IAP account(s) invested in the retirement installments fund.
(2) When a beneficiary or beneficiaries
			 receive(s) pre-retirement death benefit payments under ORS
			 238A.410,
			 earnings will be credited to the accounts established under ORS
			 238A.350 in the manner specified in this rule.
(a) For
			 payments made in the first month of distribution:
(A) If earnings for the calendar year before
			 the date of distribution(s) have not been credited, earnings for that year
			 shall be credited based on the member's target date fund's latest IAP
			 year-to-date calculation available for that year.
(B) Earnings credited for the calendar year
			 of distribution will be credited based on the member's target date fund's
			 latest IAP year-to-date calculation as of the first day of the calendar month
			 of the initial date of distribution.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 7 - EARNINGS AND INTEREST DISTRIBUTION › Section 459-007-0340 - Crediting Earnings for an OPSRP Pension Program Cash Out of Small Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
No earnings or distribution interest from the effective date of
				retirement to the date of distribution shall be credited to the amount of a
				cash out of small benefits under ORS
				238A.195.
Statutory/Other Authority: ORS
				  238A.450
Statutes/Other Implemented: ORS
				  238A.120 &
				  238A.195
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 7 - EARNINGS AND INTEREST DISTRIBUTION › Section 459-007-0350 - Crediting Earnings to the Employee Pension Stability Account at Retirement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon
			 retirement, earnings from the effective date of the last annual rate to the
			 effective retirement date shall be credited to the Employee Pension Stability
			 Account in the manner specified in this rule.
(2) Earnings shall be credited to the
			 member's Employee Pension Stability Account as follows:
(a) If earnings for the prior calendar year
			 have not yet been credited, earnings for that year shall be credited based on
			 the Employee Pension Stability Account latest year-to-date calculation for that
			 year.
(b) Earnings for the calendar
			 year of the effective retirement date shall be credited based on the Employee
			 Pension Stability Account latest year-to-date calculation for that
			 year.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 7 - EARNINGS AND INTEREST DISTRIBUTION › Section 459-007-0360 - Crediting Earnings to the Employee Pension Stability Account at Death

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a
			 beneficiary or beneficiaries receive(s) pre-retirement death benefit payments
			 under ORS
			 238A.410,
			 earnings will be credited to the member's Employee Pension Stability Account
			 (EPSA) as follows:
(a) If earnings for the
			 calendar year before the date the death benefit is calculated have not yet been
			 credited, earnings shall be applied for that year based on the latest
			 year-to-date Employee Pension Stability Account calculation for that
			 year.
(b) Earnings for the calendar
			 year the death benefit is calculated shall be credited based on the latest
			 Employee Pension Stability Account year-to-date calculation for that year as of
			 the first of the month that the death benefit is calculated.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 7 - EARNINGS AND INTEREST DISTRIBUTION › Section 459-007-0370 - Crediting Earnings to the Employee Pension Stability Account on Withdrawal

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 7 - EARNINGS AND INTEREST DISTRIBUTION › Section 459-007-0400 - Crediting Earnings Upon Withdrawal of a Judge Member Account

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 7 - EARNINGS AND INTEREST DISTRIBUTION › Section 459-007-0410 - Crediting Earnings Upon the Death of a Judge Member

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 7 - EARNINGS AND INTEREST DISTRIBUTION › Section 459-007-0420 - Crediting Earnings at Judge Member Service or Disability Retirement

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 7 - EARNINGS AND INTEREST DISTRIBUTION › Section 459-007-0510 - Crediting Earnings to Employer Contribution Accounts

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  238.650
Stats. Implemented: ORS
				  238
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 7 - EARNINGS AND INTEREST DISTRIBUTION › Section 459-007-0530 - Crediting Earnings To Employer Lump-Sum Payments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions. For the purposes of this
			 rule:
(a) "Allocated Earnings" means the
			 actual investment earnings or losses of the Public Employees Retirement Fund
			 (PERF), apportioned based upon the proportionate size of the side account in
			 relation to the PERF and adjusted for administrative costs as described in ORS
			 238.229(3).
			 These earnings are exempt from funding requirements of the Contingency or
			 Capital Preservation Reserves.
(b)
			 "Amortized Amount" means the amount of a Side Account used to offset
			 contributions due from the employer.
(c) "Employer lump-sum payment" means:
(A) Any employer payment that is:
(i) Not regularly scheduled;
(ii) Not paid as a percentage of
			 salary;
(iii) Paid at the
			 employer's election instead of at the PERS Board's direction; and
(B) Any payment deposited into a
			 side account for the benefit of an employer.
(d) "UAL factor" means the monthly or annual
			 rate based upon allocated side account earnings.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 7 - EARNINGS AND INTEREST DISTRIBUTION › Section 459-007-0900 - Crediting Earnings To Integration Lump Sum Payments

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 9 - PUBLIC EMPLOYER › Section 459-009-0020 - Public Employer

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 9 - PUBLIC EMPLOYER › Section 459-009-0050 - Payment of Cost Estimates

Current through Register Vol. 63, No. 7, July 1, 2024
A public employer entering the system established by ORS
				238.600may 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.
Stat. Auth.: ORS
				  238.650
Stats. Implemented: ORS
				  238.015 & ORS
				  238.620
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 9 - PUBLIC EMPLOYER › Section 459-009-0070 - Actuarial Pooling of Employer Liability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions. Definitions as used in this
			 rule:
(a) "Actuarial Surplus" means the
			 excess of the fair market actuarial value of assets over the actuarial
			 liabilities.
(b) "Consolidation"
			 means the uniting or joining of two or more political subdivisions into a
			 single new successor political subdivision.
(c) "Liability" or "Liabilities" means any
			 costs assigned by the Board to a specific employer or to a pool of employers to
			 provide PERS benefits.
(d) "Local
			 government" shall have the same meaning as in subsection (f) of this
			 section.
(e) "Merger" means the
			 extinguishment, termination and cessation of the existence of one or more
			 political subdivisions by uniting with and being absorbed into another
			 political subdivision.
(f)
			 "Political subdivision" means any city, county, municipal or public
			 corporation, any other political subdivision as provided in Oregon Law, or any
			 instrumentality thereof, or an agency created by one or more political
			 subdivisions to provide themselves governmental service. Political subdivision
			 does not mean a school district or a community college.
(g) "Pooled" or "pooling" means the combining
			 or grouping of public employers participating in PERS for the purposes of
			 determining employer liability for retirement or other benefits under ORS
			 Chapter 238.
(h) "School district"
			 means a common school district, a union high school district, or an education
			 service district, including chartered schools authorized under Oregon
			 law.
(i) "Transition Unfunded
			 Actuarial Liabilities or Surplus" means the unfunded actuarial liability or
			 actuarial surplus, attributed to an individual employer for the period of time
			 the employer was not participating in a pool, prior to entry into the Local
			 Government Rate Pool or the State and Local Government Rate Pool.
(j) "Unfunded Actuarial Liabilities" or "UAL"
			 means the excess of the actuarial liabilities over the fair market actuarial
			 value of assets.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 9 - PUBLIC EMPLOYER › Section 459-009-0084 - Employer Unfunded Actuarial Liability Lump-Sum Payments With an Actuarial Calculation

Current through Register Vol. 63, No. 7, July 1, 2024
The words and phrases used in this rule have the same meaning
				given them in OAR 459-009-0086.
(1) An
			 actuarial calculation is required before an employer may make a UAL lump-sum
			 payment if the employer:
(a) Has a transition
			 liability;
(b) Intends to establish
			 a new side account with a new employer contribution rate as of a date specified
			 by the employer;
(c) Has requested
			 an actuarial calculation where a calculation is not otherwise required;
			 or
(d) Intends to make a UAL
			 lump-sum payment as specified in OAR 459-009-0086(9).
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 9 - PUBLIC EMPLOYER › Section 459-009-0085 - Employer Unfunded Actuarial Liability Lump-Sum Payments Without an Actuarial Calculation

Current through Register Vol. 63, No. 7, July 1, 2024
The words and phrases used in this rule have the same meaning
				given them in OAR 459-009-0086.
(1) An
			 actuarial calculation is not required if an employer intends to make a UAL
			 lump-sum payment:
(a) Into an existing side
			 account; or
(b) Into a new side
			 account without specifying a new employer contribution rate effective
			 date.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 9 - PUBLIC EMPLOYER › Section 459-009-0086 - Employer Unfunded Actuarial Liability Lump-Sum Payments, Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions.
			 For the purposes of this rule:
(a) "Amortized
			 amount" means the amount of a side account used to offset pension contributions
			 due from the employer.
(b)
			 "Employer actuarial pool" means a grouping of employers for actuarial purposes
			 such as the School District Pool and the State and Local Government Rate
			 Pool.
(c) "Fair value UAL" means
			 the unfunded actuarial liability calculated using the fair market value of
			 assets.
(d) "Side account" means an
			 account in the Public Employees Retirement Fund into which a UAL lump-sum
			 payment that is not used to satisfy a transition liability is
			 deposited.
(e) "Transition
			 liability" means the unfunded actuarial liability attributed to an individual
			 employer for the period before entry into the State and Local Government Rate
			 Pool.
(f) "Transition surplus"
			 means the actuarial surplus attributed to an individual employer for the period
			 before entry into the State and Local Government Rate Pool.
(g) "Unfunded actuarial liability" or "UAL"
			 means the excess of the actuarial liability over the actuarial value of assets
			 for the specified pension program.
(h) "UAL lump-sum payment" means any employer
			 payment that is:
(A) Not regularly
			 scheduled;
(B) Not paid as a
			 percentage of salary;
(C) Made for
			 the express purpose of reducing the pension contributions that would otherwise
			 be required from the employer, or reducing or paying off the employer's
			 transition liability; and
(D) Paid
			 at the employer's election instead of at the PERS Board's direction.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 9 - PUBLIC EMPLOYER › Section 459-009-0090 - Surplus Lump-Sum Payments by Employers

Current through Register Vol. 63, No. 7, July 1, 2024
Purpose. The purpose of this rule is to establish procedures
				and requirements for the adjustment of employer contribution rates when an
				individual public employer that does not have an existing unfunded actuarial
				liability (UAL) makes a lump-sum payment. An employer with an existing unfunded
				actuarial liability must first submit a lump-sum payment for the full amount of
				that unfunded actuarial liability under OAR 459-009-0084  or 459-009-0085, as
				applicable, before the employer may make a payment under this rule.
(1) Definitions. For the purposes of this
			 rule:
(a) "Actuarial surplus" means the
			 excess of the actuarial value of an employer's assets over the employer's
			 actuarial liability.
(b) "Allocated
			 actuarial liability" means the actuarial liability calculated using the fair
			 market value of assets.
(c)
			 "Amortized amount" means the amount of a side account used to offset
			 contributions due from the employer.
(d) "IAP" means the Individual Account
			 Program of the Oregon Public Service Retirement Plan.
(e) "Pension program contribution" means the
			 total calculated employer contribution due in any reporting period for both the
			 Chapter 238 and OPSRP pension programs, excluding any IAP or retiree health
			 insurance program contribution due.
(f) "Side account" means an account in the
			 Public Employees Retirement Fund into which a UAL lump-sum payment is
			 deposited.
(g) "Surplus lump-sum
			 payment" means any employer payment that is:
(A) Not regularly scheduled;
(B) Not paid as a percentage of
			 salary;
(C) Made for the express
			 purpose of creating an actuarial surplus or increasing an existing actuarial
			 surplus; and
(D) Paid at the
			 employer's election instead of at the PERS Board's direction.
(h) "UAL" or "Unfunded actuarial
			 liability" means the excess of the actuarial liability over the actuarial value
			 of assets.
(i) "UAL lump-sum
			 payment" means any employer payment:
(A) That
			 is not regularly scheduled;
(B)
			 That is not paid as a percentage of salary;
(C) That is made for the express purpose of
			 reducing the employer's unfunded actuarial liability; and
(D) Where the employer has control over the
			 timing or whether to make the payment.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 9 - PUBLIC EMPLOYER › Section 459-009-0091 - Unfunded Actuarial Liability Resolution Program

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 9 - PUBLIC EMPLOYER › Section 459-009-0092 - Employer Incentive Fund Program

Current through Register Vol. 63, No. 7, July 1, 2024
The words and phrases used in this rule have the same meaning
				given them in OAR 459-009-0086.
(1)
			 When the PERS Board determines that a sufficient amount of money has been
			 allocated to the Employer Incentive Fund, it shall open an application period
			 by declaring:
(a) The date upon which the
			 application period shall open; and
(b) The total amount of funds available for
			 matching employer UAL lump-sum payments during the application
			 period.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 9 - PUBLIC EMPLOYER › Section 459-009-0095 - Pooled School District Employers Side Account

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions as used in this rule:
(a) "Amortized amount" means the amount of a
			 side account used to offset pension contributions due from the
			 employer.
(b) "Pooled" or "pooling"
			 means the combining or grouping of public employers participating in PERS for
			 the purposes of determining employer liability for retirement or other benefits
			 under ORS Chapter 238.
(c) "Pooled
			 school district employers side account" means the side account created and
			 funded under Section 24, Chapter 105, Oregon Laws 2018.
(d) "School district" means a common school
			 district, a union high school district, or an education service district,
			 including chartered schools authorized under Oregon law.
(e) "Side account" means an account in the
			 Public Employees Retirement Fund into which a UAL lump-sum payment that is not
			 used to satisfy a transition liability is deposited.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 9 - PUBLIC EMPLOYER › Section 459-009-0098 - Employer Contribution Rate

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 9 - PUBLIC EMPLOYER › Section 459-009-0100 - Employer Reporting and Remittance of Contributions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions.
(a) "Pay period" means the span of time
			 covered by an employer's report to PERS.
(b) "Statement" means a remittance statement
			 that itemizes any required contributions, invoices, and penalties for the
			 period covered in the statement.
(c) "Statement date" means the date a
			 statement is issued by PERS.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 9 - PUBLIC EMPLOYER › Section 459-009-0130 - Contributions for Prior Periods

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 9 - PUBLIC EMPLOYER › Section 459-009-0200 - Employer Remitting of Employee Contributions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A participating employer shall remit to
			 PERS in accordance with OAR 459-070-0110  the contributions required by ORS
			 238A.330. Unless otherwise
			 agreed to as provided for in section (2) or (3) of this rule, the employer
			 shall withhold and remit the required contributions on an after-tax basis as
			 defined in OAR 459-005-0001(2), which shall be known as "member paid after-tax
			 contributions (MPAT)".
(2) In
			 accordance with Internal Revenue Code (IRC) Section 414(h), and under provision
			 of ORS 238A.335(2)(b),
			 participating employers may voluntarily agree to assume and pay the employee
			 contribution on behalf of its employees, which shall be known as "employer paid
			 pre-tax contributions (EPPT)". The employer assumption and payment of the
			 employee contributions shall be subject to the following terms and conditions:
(a) The employer's employment agreement(s) to
			 assume and pay the contributions must be evidenced by a certified copy of the
			 employer's policy established by statute, charter, ordinance, administrative
			 rule, executive order, collective bargaining agreement, or other written
			 employment policy or agreement. The employer's employment policy(s) or
			 agreement(s) shall specify that:
(A) The
			 required PERS employee contribution is deemed to be picked up for purposes of
			 IRC Section 414(h)(2) and is assumed and paid for purposes of ORS
			 238A.335(2)(b);
(B) The employees do not have the option of
			 receiving the assumed amount directly;
(C) Employee compensation may not be reduced
			 and the employer shall provide the additional amounts necessary to make the
			 employee contributions; and
(D) The
			 employer's employment policy(s) or agreement(s) is not retroactive in its
			 application.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 9 - PUBLIC EMPLOYER › Section 459-009-0400 - Insolvent Employer

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 10 - MEMBERSHIP › Section 459-010-0000 - Purpose and Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  238.650
Stats. Implemented: ORS
				  238
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 10 - MEMBERSHIP › Section 459-010-0003 - Eligibility and Membership for the PERS Tier One/Tier Two Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purpose
			 of this rule:
(a) "Concurrent positions"
			 means employment with two or more participating employers in the same calendar
			 year.
(b) "Partial year of hire"
			 means a period in the calendar year the employee begins employment after the
			 first working day of the year, and continues employment through December
			 31.
(c) "Partial year of
			 separation" means a period in the calendar year the employee separates from
			 employment that begins on January 1 of the year and ends before the last
			 working day of the year.
(d)
			 "Qualifying position" means a position designated by the employer as
			 qualifying, including a position in a partial year of hire, partial year of
			 separation, or short segment, except:
(A) A
			 position or concurrent positions in which an employee performs at least 600
			 hours of service in a calendar year is qualifying regardless of employer
			 designation.
(B) A position in a
			 partial year of separation is qualifying regardless of employer designation if
			 the position is continued from an immediately preceding calendar year in which
			 the employee performed at least 600 hours of service in the position or
			 concurrent positions.
(C) A
			 position with one employer in which the employee is employed for the entire
			 calendar year and fails to perform at least 600 hours of service in that
			 position or concurrent positions in the calendar year is non-qualifying
			 regardless of employer designation.
(e) "Service" means a period in which an
			 employee:
(A) Is in an employer/employee
			 relationship, as defined in OAR 459-005-0020; and
(B) Receives a payment of "salary," as
			 defined in ORS 238.005 or similar payment from
			 workers compensation or disability.
(f) "Short segment" means a period in the
			 calendar year during which the employee is hired after the first working day of
			 the year, and separated from employment before the last working day of the same
			 calendar year.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 10 - MEMBERSHIP › Section 459-010-0010 - Leave of Absence Without Pay

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For purposes of this rule, "major fraction of a month" means a minimum of 11
			 business days in a calendar month.
(2) Employer/Employee Agreement. An official
			 leave of absence without pay for any purpose must have the following in order
			 to be considered bona fide:
(a) An agreement
			 in writing;
(b) Accordance with
			 the applicable law, rules and regulations;
(c) The duration specifically stated at the
			 time of granting; and
(d)
			 Certification to PERS by the employer granting such leave.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 10 - MEMBERSHIP › Section 459-010-0011 - Authorized Paid Leave of Absence

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 10 - MEMBERSHIP › Section 459-010-0014 - Creditable Service in PERS Chapter 238 Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule:
(a) "Active member" has the same meaning as
			 provided in ORS 238.005.
(b) "Creditable service" has the same meaning
			 as provided in ORS 238.005.
(c) "Major fraction of a month" means a
			 minimum of 50 hours in any calendar month in which an active member is being
			 paid a salary by a participating public employer and for which benefits under
			 ORS Chapter 238 are funded by employer contributions.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 10 - MEMBERSHIP › Section 459-010-0019 - Retirement Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 10 - MEMBERSHIP › Section 459-010-0035 - Six-Month Waiting Period

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 six-month waiting period required for establishing membership under ORS
			 238.015 is six full calendar
			 months of service with the same employer. The service must be in a "qualifying
			 position," as defined in OAR 459-010-0003. The six full calendar months of
			 service may not be interrupted by more than 30 consecutive working days.
(2) The waiting period begins on:
(a) The date the employee is hired, and
			 includes the month of hire as a full calendar month, if the date of hire is the
			 first business day of the month;
(b) The first day of the month following the
			 date of hire; or
(c) The first day
			 of the month following the end date of an interruption of service of more than
			 30 consecutive working days.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 10 - MEMBERSHIP › Section 459-010-0045 - Substitution of Annuity

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 10 - MEMBERSHIP › Section 459-010-0055 - Withdrawal of Contributions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions.
			 For purposes of this rule:
(a) A "controlled
			 group" is a group of employers treated as a single employer for purposes of
			 maintaining qualified status under federal law.
(b) "Effective date of withdrawal" has the
			 same meaning as given the term in OAR 459-005-0001(10).
(c) "Member account" means the account
			 established under ORS
			 238.250.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 10 - MEMBERSHIP › Section 459-010-0078 - Volunteer Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Volunteer
			 Service" means service as a volunteer as defined in OAR 459-005-0001.
(2) Volunteer service shall not be
			 considered:
(a) For determining eligibility
			 for membership in PERS.
(b) For
			 determining active membership in PERS.
(c) For determining limitations on
			 reemployment of retired members of PERS by a participating employer.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 10 - MEMBERSHIP › Section 459-010-0115 - Term of Appointive Office

Current through Register Vol. 63, No. 7, July 1, 2024
The fixed term of an appointive office is the term fixed by
				statute or municipal charter.
Stat. Auth.: ORS 237
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 10 - MEMBERSHIP › Section 459-010-0125 - Eligibility of Volunteer Firefighters

Current through Register Vol. 63, No. 7, July 1, 2024
Upon proper application by the employer, volunteer firefighters
				as a unit are eligible for membership even though all other employees of that
				employer are excluded.
Stat. Auth.: ORS
				  238.650
Stats. Implemented: ORS
				  238.015
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 10 - MEMBERSHIP › Section 459-010-0175 - Computation of Prior Service Credit for Accumulated Seasonal Employment

Current through Register Vol. 63, No. 7, July 1, 2024
In computing prior service credit for accumulated seasonal
				employment, the total days of seasonal employment worked by the employee, as
				certified by the employer, shall be divided by 260 to obtain the number of
				years of prior service credit. A remainder of more than 130 days shall
				constitute a major fraction of a year. An employee who in such seasonal
				employment worked more than 260 days in any one fiscal year shall be credited
				with only one year of prior service for that year, and the extra days shall not
				be added to other seasonal employment.
Stat. Auth.: ORS
				  238.650
Stats. Implemented: ORS
				  238.005, 2005 OL, Ch. 808, Sec.
				  (12), (13), (14) & ORS
				  238.225
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 10 - MEMBERSHIP › Section 459-010-0180 - Membership of Elected or Appointed Officers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An officer elected or appointed for a
			 fixed term, or appointed as director of a department by the Governor, may
			 establish membership in PERS as an elected official by giving the PERS Board
			 written notice of election to participate in PERS within 30 days of taking
			 office, or within 30 days after completing the probationary period, pursuant to
			 ORS 238.015(5).
			 Upon election, such membership may not be discontinued for the duration of the
			 term of office except upon separation from employment.
(2) A member who is elected or appointed for
			 a fixed term, or appointed as director of a department by the Governor, shall
			 be deemed to have elected to participate in PERS for the term of office if the
			 member and employer contributions are paid to PERS for more than one pay period
			 after the member's term in office or appointment commences.
Statutory/Other Authority: ORS
				  238.650
Statutes/Other Implemented: ORS
				  238.015
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 10 - MEMBERSHIP › Section 459-010-0300 - Involuntary Termination of Membership

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Under ORS
			 238.618, the Board may terminate
			 a member's membership when the member's participation in the system would cause
			 the system or the Public Employees Retirement Fund to lose its tax qualified
			 status.
(2) The Director is
			 delegated the authority provided under ORS
			 238.618 to terminate a member's
			 membership in the Public Employees Retirement System under the following
			 circumstances:
(a) The member retired and
			 elected the total lump sum option under ORS
			 238.305(3);
(b) The member exceeded the return to work
			 limitations in ORS 238.078(2) and
			 OAR 459-017-0060(5)  in the six month period following the member's effective
			 retirement date; and
(c) The member
			 refuses to re-retire in compliance with those return to work
			 limitations.