reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 50 - DEFERRED COMPENSATION › Section 459-050-0035 - Assistance to the Oregon Investment Council and the State Treasurer

Current through Register Vol. 63, No. 7, July 1, 2024
The Board, acting through its Deferred Compensation Manager may
				provide information, assistance, and guidance to the Oregon Investment Council
				(OIC) and the State Treasurer as they may request, not limited to the
				following:
(1) The Manager may provide
			 the OIC and the staff of the State Treasurer with the Board's findings of the
			 expressed desires of participants and other eligible employees related to
			 investment options.
(2) The Manager
			 may provide the OIC or the staff of the State Treasurer with such demographic
			 information as they may reasonably request concerning those employees who are
			 participants in the Deferred Compensation Program.
(3) The Manager may provide the OIC or the
			 staff of the State Treasurer with such assistance as they may reasonably
			 request regarding preparation of specifications for solicitations of offers
			 from vendors of investments for deferred compensation.
(4) The Manager may provide the OIC or the
			 staff of the State Treasurer with such assistance as they may reasonably
			 request in evaluating responses to the solicitation of offers.
(5) The Manager in any case may provide the
			 OIC or the staff of the State Treasurer with an opinion concerning how the
			 services offered by responding vendors may affect the administration of the
			 Deferred Compensation Program.
(6)
			 Subject to Board approval, the Manager may enter into an intergovernmental
			 agreement pursuant to ORS Chapter 190 to provide administrative services to
			 local governments of the state with respect to other deferred compensation
			 plan(s) under ORS 243.474 to
			 243.478.
Stat. Auth: ORS
				  243.470
Stats. Implemented: ORS
				  243.401 - ORS
				  243.507
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 50 - DEFERRED COMPENSATION › Section 459-050-0037 - Trading Restrictions

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this rule is to establish criteria under which a
				participant may make trades in the Deferred Compensation Program. The Program
				is designed for long-term investment and periodic adjustment of asset
				allocation. Restrictions upon trades are necessary to protect participants and
				the Program from adverse financial impact attributable to frequent trading.
				Frequent trading by some participants can lower returns and increase
				transaction costs for all participants. Frequent trading can trigger the
				imposition of redemption fees and restrictions by mutual funds within the
				Program and may cause the Program to be eliminated as an allowable investor in
				an investment fund.
(1) Definitions.
			 For the purposes of this rule:
(a) "Investment
			 Option" means an investment alternative made available under ORS
			 243.421.
(b) "Trade" means a purchase or redemption in
			 an investment option for the purpose of moving monies between investment
			 options.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 50 - DEFERRED COMPENSATION › Section 459-050-0040 - Unforeseeable Emergency Withdrawal Appeals Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. The Unforeseeable Emergency
			 Withdrawal Appeals Committee (the Committee) shall evaluate appeals denied by
			 the Deferred Compensation Manager or designee authorized to take action on the
			 Manager's behalf for the distribution of deferred compensation on the basis of
			 claims of unforeseeable emergency in compliance with the Internal Revenue Code,
			 Section 457,
			 26
			 USC 457, and the provisions of OAR
			 459-050-0150. The Committee shall formally approve or deny each appeal based on
			 the merits of the appeal.
(2)
			 Committee composition. The Committee shall consist of not fewer than three
			 persons.
(a) One person shall be a PERS staff
			 member from the Deferred Compensation Program.
(b) Two persons shall be PERS staff members
			 from other than the Deferred Compensation Program.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 50 - DEFERRED COMPENSATION › Section 459-050-0050 - Eligibility and Enrollment

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this rule is to establish eligibility criteria and the process for an eligible employee to enroll in the Deferred Compensation Plan established in accordance with section  457 of the Internal Revenue Code and ORS Chapter 243.
(1) Eligible employee. Eligible employee shall have the same meaning as in OAR 459-050-0001, and as defined by section  457 of the Internal Revenue Code.
(2) Application for enrollment. Subject to the requirements of subsections (a) through (c) of this section, an eligible employee may enroll to participate in the Deferred Compensation Program by entering into a written agreement as specified herein with the plan sponsor. The written agreement must specify that a portion of the eligible employee's future compensation will be reduced each month, the amount of the reduction, and that the amount of the reduction will be contributed to account(s) established for the employee in the Deferred Compensation Plan.
(a) An eligible employee may enter into an agreement to participate in the plan on or before the first day of employment or anytime while employed; provided, however, that the requirements of subsection (b) of this section must be satisfied.
(b) In order for an eligible employee to be enrolled, an enrollment form, as defined in OAR 459-050-0001  and provided by the Deferred Compensation Program, must be properly completed and filed with the Deferred Compensation Program.
(c) If the form is incomplete, does not comply with plan provisions in any manner whatsoever, or the Plan is unable to process the application, then staff will notify the eligible employee within 30 calendar days from the date the enrollment form is received with the reasons the Deferred Compensation Program cannot accept the enrollment as submitted.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 50 - DEFERRED COMPENSATION › Section 459-050-0060 - OSGP Designation of Beneficiary

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this rule is to establish the criteria and
				process that must be used to designate a beneficiary. The provisions in this
				rule apply to participants, a participant's surviving beneficiaries, alternate
				payees and an alternate payee's surviving beneficiaries.
(1) Definitions. The following definitions
			 apply for the purpose of this rule:
(a)
			 "Administrator" means the person appointed by a probate court to handle the
			 distribution of property of someone who has died without a will, or with a will
			 that fails to name someone to carry out this task.
(b) "Conservator" means the person who has
			 been appointed by a court to manage the property and financial affairs of an
			 incapacitated person.
(c)
			 "Executor" means the person named in a will to handle the property of someone
			 who has died. The executor must collect and manage the property, pay debts and
			 taxes, and distribute the remaining assets as specified in the will. In
			 addition, the executor handles any probate court. Executors are also called
			 personal representatives.
(d)
			 "Personal Representative" means the person named in a will to handle the
			 property of someone who has died. Personal representatives are also called
			 executors.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 50 - DEFERRED COMPENSATION › Section 459-050-0065 - Beneficiary Predeceases or Disclaims Benefit

Current through Register Vol. 63, No. 7, July 1, 2024
Purpose
. The purpose of this rule is to establish
				the criteria and process that must be used if a beneficiary predeceases the
				participant, alternate payee, or surviving beneficiary who made the designation
				as provided in OAR 459-050-0060, or a beneficiary disclaims a death
				benefit.
(1)
Beneficiary
			 predeceases or disclaims benefit
. If one or more designated
			 beneficiaries predecease the participant, alternate payee, or surviving
			 beneficiary who made the designation as provided in OAR 459-050-0060, or if a
			 designated beneficiary files a disclaimer as provided in section (2) of this
			 rule, the beneficiary's interest in the respective account will be distributed
			 to any remaining surviving beneficiaries or contingent beneficiaries in
			 proportion to each remaining beneficiary's interest as defined by the deceased
			 participant's, alternate payee's, or surviving beneficiary's most recent
			 designation of beneficiary on file with the Deferred Compensation
			 Program.
(2)
Disclaiming
			 beneficiary payment
. If the Deferred Compensation Program receives
			 written evidence to its satisfaction that a designated beneficiary has made a
			 legally valid disclaimer, the benefit will be distributed as though the
			 beneficiary died before the deceased participant, alternate payee, or surviving
			 beneficiary. A disclaimer will be deemed valid if it complies with Oregon law
			 and is an irrevocable and unqualified refusal by a beneficiary to accept any
			 payment from the Deferred Compensation Program. However, a disclaimer is not
			 effective until staff has received and reviewed it, and determined that the
			 following conditions are satisfied:
(a) The
			 disclaimer must be executed before the beneficiary accepts or uses any death
			 benefit payment;
(b) The disclaimer
			 must be in writing and signed by the disclaiming beneficiary;
(c) The disclaimer must state an irrevocable
			 and unqualified refusal to accept the benefit;
(d) The disclaimer must have been filed with
			 the Deferred Compensation Program administrator within nine months after the
			 date of death of the participant, alternate payee, or surviving beneficiary or
			 the date the disclaiming beneficiary attains 21 years of age, whichever is
			 later; and
(e) The disclaimer must
			 provide for or allow the benefit to pass without any direction from the
			 disclaiming beneficiary.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 50 - DEFERRED COMPENSATION › Section 459-050-0070 - Catch-Up Programs

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this rule is to establish the criteria and process to allow an eligible employee to contribute additional amounts, in excess of the regular applicable maximum allowable contributions, to the eligible employee's account.
(1) For purposes of this rule, "normal retirement age" shall be:
(a) For employers that do not sponsor another deferred compensation plan under IRC 457(b), the earlier of:
(A) Age 65; or
(B) The normal retirement age for non-police and fire employees established in the employer's defined benefit pension plan or money purchase pension plan.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 50 - DEFERRED COMPENSATION › Section 459-050-0072 - Military Leave Catch-up

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this rule is to establish the criteria and
				procedures to comply with the Uniformed Services Employment and Reemployment
				Rights Act (USERRA) as codified in  38 USC 4301-433, and with  23 USC 414(u) and
				457  for an eligible employee who has been absent from employment because of
				military service and who has elected to catch up contributions to the Deferred
				Compensation Program that would have been permitted had the eligible employee
				remained in employment with the participating employer during the qualifying
				period of military service.
(1)
			 Definitions. For purposes of this rule:
(a)
			 "Military service" means the performance of duty on a voluntary or involuntary
			 basis in a uniformed service under competent authority and includes:
(A) Active duty;
(B) Active duty for training;
(C) Initial active duty for
			 training;
(D) Inactive duty
			 training;
(E) Full-time National
			 Guard duty;
(F) A period for which
			 an individual is absent from a position of employment for the purpose of an
			 examination to determine the fitness of the person to perform any of the above
			 types of duty; or
(G) A period for
			 which an individual is absent from employment for the purpose of performing
			 funeral honors duty as authorized by
			 10 USC
			 12503 or  32 USC 115.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 50 - DEFERRED COMPENSATION › Section 459-050-0075 - Distributions During Employment

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this rule is to describe the types of distributions available to a participant who has not had a severance of employment. Distributions made while a participant is still employed are in-service distributions.
(1) De minimis distribution. A de minimis distribution is an in-service distribution of the entire balance of a small account before the date a participant has a severance of employment. A de minimis distribution may be made if all of the following conditions are satisfied:
(a) No prior de minimis distribution was made to the participant;
(b) The total balance of the participant's account(s) within the Deferred Compensation Program do(es) not exceed the limitations in the Internal Revenue Code Section (IRC) 457(e)(9)(A);
(c) Participant has not made any contributions to the Deferred Compensation Program in the two-year period before the date of distribution; and
(d) Participant has applied for a de minimis distribution by using online account access or other methods approved by the Deferred Compensation Program. No distribution will be paid unless a complete application is filed with, and approved by, the Deferred Compensation Program.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 50 - DEFERRED COMPENSATION › Section 459-050-0076 - In-Plan Roth Conversion

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Definitions. For purposes of this rule:
(a)
			 "Distributee" means:
(A) A Deferred
			 Compensation Plan participant;
(B)
			 The surviving spouse of a deceased participant; or
(C) The spouse or former spouse who is the
			 alternate payee under a domestic relations order that satisfies the
			 requirements of ORS 243.507.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 50 - DEFERRED COMPENSATION › Section 459-050-0077 - Loan Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions. For purposes of this rule:
(a) "Cure period" is that time from when a default occurs until the end of the quarter following the quarter in which the default occurred.
(b) "Deferred Compensation Account" means the account described in OAR 459-050-0001, but does not include any amount in the Self-Directed Brokerage Option.
(c) "Designated Roth Account" means the account described in OAR 459-050-0001, but does not include any amount in the Self-Directed Brokerage Option.
(d) "Loan balance" means the outstanding principal and accrued interest due on the loan.
(e) "Participant Loan" means a loan that affects the Deferred Compensation Account, Designated Roth Account, or a combination of both, of a participant.
(f) "Promissory note" means the agreement of loan terms between the Program and a participant.
(g) "Third Party Administrator (TPA)" means the entity providing record keeping and administrative services to the Program.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 50 - DEFERRED COMPENSATION › Section 459-050-0120 - Self-Directed Brokerage Option

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of this rule:
(a) "Core Investment
			 Option" means an investment alternative made available under ORS
			 243.421, but does not include
			 the Self-Directed Brokerage Option.
(b) "Self-Directed Brokerage Option" means an
			 investment alternative made available under ORS
			 243.421 that permits a
			 participant to establish a brokerage account and participate in investment
			 products other than core investment options.
(c) "Trade" has the same meaning as in OAR
			 459-050-0037.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 50 - DEFERRED COMPENSATION › Section 459-050-0150 - Unforeseeable Emergency Withdrawal

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this rule is to establish the criteria and
				process for a participant to obtain a distribution of deferred compensation
				funds before separation from employment due to an unforeseeable
				emergency.
(1) Definitions. For
			 purposes of this rule:
(a) "Deferred
			 Compensation Account" means the account described in OAR 459-050-0001, but does
			 not include any amount in the Self-Directed Brokerage Option.
(b) "Designated Roth Account" means the
			 account described in OAR 459-050-0001, but does not include any amount in the
			 Self-Directed Brokerage Option.
(c)
			 "Emergency withdrawal" means a payment to the participant from the
			 participant's Deferred Compensation Account, Designated Roth Account, or a
			 combination of both, in an amount directly related to and reasonably necessary
			 to satisfy a financial obligation attributable to an unforeseeable
			 emergency.
(d) "Unforeseeable
			 emergency" or "Unforeseen emergency" means a severe financial hardship to a
			 participant resulting from a sudden and unexpected illness or accident of the
			 participant or of a dependent of the participant as defined in
			 26 CFR
			 1.152-1, a loss of the participant's property
			 due to casualty or other similar extraordinary and unforeseeable circumstance
			 beyond the control of the participant.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 50 - DEFERRED COMPENSATION › Section 459-050-0200 - Court Orders

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this rule is to describe the procedures for the
				administration of a court order and the requirements for a court order to be
				approved as a Qualified Domestic Relations Order.
(1) Legal requirements. A final court order
			 or judgment must clearly specify the amount awarded to an alternate payee from
			 the participant's Deferred Compensation Account, Designated Roth Account, or a
			 combination of both, and the language must be administrable under ORS Chapter
			 243.507 and OAR chapter 459,
			 Division 50. Subject to the requirements of the Internal Revenue Code and
			 Oregon law, including these administrative rules, the Deferred Compensation
			 Program will segregate an alternate payee's award from a participant's account
			 once it has determined that the court order meets the requirements of a
			 Qualified Domestic Relations Order (QDRO).
(2) Requirements of a QDRO. The Deferred
			 Compensation Program may approve a court order as a Qualified Domestic
			 Relations Order (QDRO), if the following conditions are satisfied:
(a) The Deferred Compensation Program office
			 has received the QDRO;
(b) The QDRO
			 includes a specific percentage or dollar amount to be awarded to the alternate
			 payee from the participant's account; and
(c) The QDRO directs the Deferred
			 Compensation Program to segregate the participant's account or otherwise assign
			 the amount of the award from the participant's account, and deposit the award
			 amount in a separate account in the name of the alternate payee as of a date
			 specified in the order.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 50 - DEFERRED COMPENSATION › Section 459-050-0210 - Segregation of a Participant Account

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this rule is to describe the process and
				criteria the Deferred Compensation Program shall use to segregate an alternate
				payee's award from a participant's account(s), and how the alternate payee's
				account is maintained once established.
(1) Qualified Domestic Relations Order. Once
			 the Manager or a designated employee has determined that a domestic relations
			 order or another court order is a Qualified Domestic Relations Order as defined
			 under the Internal Revenue Code and Oregon law and in accordance with OAR
			 459-050-0200, the plan participant's account(s) in the Deferred Compensation
			 Program shall be divided and separate account(s) established in the name of the
			 alternate payee as required under the Qualified Domestic Relations Order
			 (QDRO).
(2) Effective date of
			 segregation. The QDRO may specify a date between January 1 and December 31, on
			 which to calculate the award and segregate the alternate payee's award from the
			 participant's account(s) in the Deferred Compensation Program. If a date is not
			 specified in a QDRO, the Deferred Compensation Program shall use the date that
			 the QDRO was signed by the court on which to calculate and segregate the
			 alternate payee's award from a participant's account(s).
(3) Segregation of Participant Account. If a
			 QDRO directs or otherwise requires the Deferred Compensation Program to
			 segregate the participant's account based on a certain percentage awarded to
			 the alternate payee, the percentage shall be converted into a dollar amount.
			 The converted dollar amount or the dollar amount stated in the QDRO that is
			 awarded to the alternate payee shall be deposited into a separate account in
			 the name of the alternate payee.
(4) Investment of funds. Except as otherwise
			 limited by Oregon statute or administrative rule, the alternate payee shall
			 have the same rights and privileges as a participant concerning the investment
			 of funds under the deferred compensation plan.
(5) Fees. The alternate payee's segregated
			 account shall bear all fees and expenses related to the alternate payee's
			 segregated account as though the alternate payee were a participant.
(6) Designation of beneficiary(s). Subject to
			 the terms and conditions of the Deferred Compensation Plan, the alternate payee
			 shall designate a beneficiary(s) as provided for in OAR 459-050-0060. The
			 designated beneficiary(s) shall receive the alternate payee's account if:
(a) The alternate payee dies before
			 distributions from the account began or were required to begin; or
(b) The alternate payee dies and was
			 receiving a distribution that allowed the alternate payee to designate a
			 designation of beneficiary(s) in which case the beneficiary(s) shall receive
			 the balance of the account.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 50 - DEFERRED COMPENSATION › Section 459-050-0220 - Distribution of an Alternate Payee Account

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Commencement date of distribution.
			 Subject to other requirements set forth in this division of administrative
			 rules, a distribution to an alternate payee may commence earlier than the date
			 an employee would be eligible to receive payments under the plan if and to the
			 extent expressly provided for in the terms of any judgment of annulment or
			 dissolution of marriage or of separation, or the terms of any court order or
			 court-approved property settlement agreement incident to any judgment of
			 annulment or dissolution of marriage or of separation.
(2) Distribution options. Subject to the
			 rules and regulations pertaining to required minimum distributions, the
			 alternate payee may elect to receive payment in any manner available to the
			 participant under the Deferred Compensation Plan and OAR 459-050-0080, without
			 regard to the form of payment elected by the participant.
(3) Application. The alternate payee must
			 file an application for distribution, or request to change a distribution
			 option with the Deferred Compensation Program at least 30 days before the
			 requested date of the change or the distribution commencement date.
(4) Life expectancy factor. The life
			 expectancy of the alternate payee shall be used anytime the form of payment
			 elected by the alternate payee is based on a life expectancy factor.
(5) Tax liability. If the alternate payee is
			 a spouse or former spouse, the alternate payee shall be solely responsible for
			 the total amount of state and federal taxes at the time of distribution of an
			 alternate payee's account effective January 1, 2002. If an alternate payee is
			 someone other than the spouse or former spouse of the participant, the
			 participant shall be solely responsible for the total amount of state and
			 federal taxes at time of distribution of their alternate payee's
			 account.
Stat. Auth: ORS
				  243.470
Stats. Implemented: ORS
				  243.401 -
				  243.507, OL 2007 Ch. 54
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 50 - DEFERRED COMPENSATION › Section 459-050-0230 - Release of Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Written release. Unless otherwise required by the Oregon Public Records Law in
			 ORS Chapter 192, the Deferred Compensation Program must receive a signed
			 participant's release, as defined in OAR 459-050-0001, from the participant or
			 the alternate payee before the Deferred Compensation Program may provide
			 information pertaining to the participant's or alternate payee's account(s),
			 beneficiary designations, distributions, or award information contained in any
			 draft or final court order on record to any person other than the parties to
			 the court order. A written authorization to release information is valid
			 indefinitely, unless a specific end date is provided in the written
			 statement.
(2) Subpoena. Unless
			 otherwise required by the Oregon Public Records Law in ORS Chapter 192, a
			 subpoena for information available from the Deferred Compensation Program must
			 be made out to the State of Oregon, Deferred Compensation Program. The Deferred
			 Compensation Program reserves the right to object to any subpoena on the
			 grounds that the subpoena fails to provide a reasonable time for preparation
			 and travel, is otherwise unreasonable or oppressive, or that service was
			 improper, in addition to any other basis legally available. To facilitate
			 prompt processing, copies of subpoenas should be served at the Deferred
			 Compensation Program office. Faxed subpoenas are not acceptable.
Stat. Auth: ORS
				  243.470
Stats. Implemented: ORS
				  243.401 -
				  243.507
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 50 - DEFERRED COMPENSATION › Section 459-050-0240 - Deferred Compensation Program Notifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notification responsibility. The Deferred
			 Compensation Program is a separate entity from other public employer retirement
			 plans and deferred compensation plans, and notification to other plans does not
			 constitute notice to the Deferred Compensation Program. Similarly, the Deferred
			 Compensation Program is not responsible for notifying other plans of changes in
			 participant or alternate payee information, such as changes in address, the
			 receipt of an application for distribution, or the death of a Deferred
			 Compensation Program participant or an alternate payee.
(2) Receipt of a final court order. Deferred
			 Compensation Program shall send written notification acknowledging receipt of a
			 final court order to the submitting party and shall send a copy of the
			 acknowledgment to the other persons named in the court order if mailing
			 addresses are provided.
(3) Tax
			 reporting. The Deferred Compensation Program shall issue the applicable tax
			 reporting forms directly to the recipient of any funds that are issued by the
			 Deferred Compensation Program pursuant to a final court order for domestic
			 relations purposes, and in a manner consistent with the Internal Revenue Code
			 and Oregon law.
(4) Annual
			 statements. All alternate payees who are awarded a separate account in the
			 Deferred Compensation Program shall be sent an annual statement on their
			 account. Such statement will be sent to their last known address.
Statutory/Other Authority: ORS
				  243.470
Statutes/Other Implemented: ORS
				  243.401-243.507
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 50 - DEFERRED COMPENSATION › Section 459-050-0250 - Fee for Administration of a Court Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Fee charged to participant and alternate
			 payee. If the Deferred Compensation Program is required by a court order to
			 segregate a participant's account and create a separate account for an
			 alternate payee(s), the Deferred Compensation Program shall charge the
			 participant and the alternate payee actual and reasonable administrative
			 expenses and related costs incurred by the Deferred Compensation Program in
			 obtaining data and making calculations.
(2) Fee calculation. The Deferred
			 Compensation Program, when collecting administrative expenses and related
			 costs, shall allocate those expenses and costs between the participant and the
			 alternate payee on a pro-rata basis, based on the fraction of the account
			 received by the participant or alternate payee. The Deferred Compensation
			 Program may not charge the participant and alternate payee more than a combined
			 total of $300.00 for administrative expenses and related costs incurred in
			 obtaining data or making calculations.
(3) Collection of fee. The fee shall be
			 deducted out of the participant's and alternate payee's account(s) after the
			 accounts have been separated per court order.
(4) The fee that shall be charged for
			 dividing the participant's account may not be contingent on the number of days
			 it takes for the Deferred Compensation Program to complete its review of any
			 type of court order that is received by the Deferred Compensation
			 Program.
Stat. Auth: ORS
				  243.470
Stats. Implemented: ORS
				  243.401 -
				  243.507
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 50 - DEFERRED COMPENSATION › Section 459-050-0300 - Required Minimum Distribution Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions. The following definitions
			 apply for the purposes of this rule:
(a)
			 "Designated Beneficiary" means:
(A) A natural
			 person designated as a beneficiary by the participant as provided in OAR
			 459-050-0060; who is not an eligible designated beneficiary; or
(B) If a trust is designated as a
			 beneficiary, the individual beneficiaries of the trust will be treated as
			 designated beneficiaries if the trust satisfies the requirements in section (2)
			 of this rule.
(C) If the
			 beneficiary is not a person or a trust satisfying these requirements, the
			 participant, alternate payee, or surviving beneficiary will be deemed to have
			 no designated beneficiary only for purposes of required minimum distributions
			 under IRC 409(a)(9), and distribution shall be made in accordance with section
			 (10) of this rule.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 50 - DEFERRED COMPENSATION › Section 459-050-0310 - Power of Attorney

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Definitions. The following definitions apply for the purposes of this rule:
(a) "Power of Attorney Document" means a
			 written document expressly granting legal authority to another named
			 individual(s) or agent(s) to act on behalf of and to manage some or all
			 financial matters in the name of the individual creating the power of attorney
			 under the terms and conditions set forth in the document.
(b) "Attorney-in-Fact" means one or more
			 named individuals appointed by another individual in a Power of Attorney
			 Document to act on his or her behalf under the terms and conditions set forth
			 in the Power of Attorney Document.
(c) "Alternate Attorney-in-Fact" means a
			 named individual appointed to serve as an Attorney-in-Fact, under certain terms
			 and conditions set forth in the Power of Attorney Document, in the event
			 another individual also appointed as Attorney-in-Fact is unable or unwilling to
			 perform as Attorney-in-Fact in the first instance.
(d) "Substitute Attorney-in-Fact" means a
			 named individual appointed by an Attorney-in-Fact under authority contained in
			 the Power of Attorney Document to serve in place of the
			 Attorney-in-Fact.
(e) "Agent" means
			 a person or entity entrusted with another's business and acting under a power
			 of attorney.
(f) "Principal" means
			 the person who expressly grants, in writing, certain powers of attorney to
			 another individual. For purposes of the Deferred Compensation Program a
			 principal may be:
(A) A Deferred Compensation
			 Plan participant;
(B) The
			 beneficiary of a deceased Deferred Compensation Plan participant; or
(C) The alternate payee under a domestic
			 relations order that satisfies the requirements of ORS
			 243.507 and OAR 459-050-0200  to
			 459-050-0250.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 60 - PUBLIC RECORDS ADMINISTRATION › Section 459-060-0001 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The words and phrases used in this Division have the same
				meaning given them in ORS Chapters 192, 238, 238A and OAR 459-005-0001.
				Specific and additional terms used in this Division are defined as follows
				unless context requires otherwise:
(1)
			 "Medical records" means any reports, letters, or notes containing information
			 regarding a member's health condition (mental or physical), or ability to
			 perform any work.
(2) "Member"
			 means an employee of a PERS participating employer, a PERS member as defined in
			 ORS 238.005 or
			 238A.005, a former PERS member,
			 the beneficiary of a PERS member, an alternate payee as defined in ORS
			 238.465, or the beneficiary of
			 an alternate payee.
(3) "Public
			 disclosure" means disclosure of information to any individual other than the
			 member or an individual who is legally authorized to act on behalf of the
			 member as to PERS matters.
(4)
			 "Requestor" means a person requesting disclosure of public records.
Stat. Auth.: ORS
				  192.430,
				  192.502,
				  238.650 &
				  238A.450
Stats. Implemented: ORS
				  192.410 -
				  192.505
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 60 - PUBLIC RECORDS ADMINISTRATION › Section 459-060-0010 - Requests and Fees for Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Requesting public records. Anyone may
			 request disclosure of a public record for which the Public Employees Retirement
			 System is the custodian by submitting a written request in person, via mail,
			 email, or fax. PERS will provide for disclosure of any public record which an
			 individual has a right to inspect, subject to any exemptions that may apply
			 under ORS
			 192.311 to
			 192.431.
			 PERS may determine the time and manner of inspection or copying to protect the
			 records and to prevent interference with the regular activities of PERS and its
			 employees. A request for public records must include:
(a) The name, address, and telephone number,
			 if any, of the requestor;
(b) A
			 sufficiently detailed description of the record(s) requested, including the
			 identification, description, type, and format of the public record, if known to
			 the requestor;
(c) The number of
			 copies requested of the public record, if copies are requested; and
(d) The signature of the requestor, unless
			 sent via email, and date of request.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 60 - PUBLIC RECORDS ADMINISTRATION › Section 459-060-0020 - Confidentiality of Member Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 ORS Chapter 192 unconditionally exempts from public disclosure a member's
			 nonfinancial membership records and an active or inactive member's financial
			 recordsmaintained by PERS. PERS may not release such records to anyone other
			 than the member, an authorized representative of the member, or the member's
			 estate except:
(a) Upon the written
			 authorization of the member, or an individual that is legally authorized to act
			 on behalf of the member or the member's estate as to PERS matters; or
(b) As otherwise provided in OAR
			 459-060-0030.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 60 - PUBLIC RECORDS ADMINISTRATION › Section 459-060-0030 - Disclosure of Records Without Consent

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Records otherwise exempt from disclosure
			 will be released in compliance with a judicial order, or pursuant to a valid
			 subpoena or administrative order, or as necessary to comply with applicable
			 federal and state tax reporting requirements.
(2) In the case of a medical emergency,
			 medical records otherwise exempt from disclosure will be released only to the
			 extent necessary where there is a clear and immediate danger to the well-being
			 of a member, or a former member, or their surviving dependent(s). A medical
			 emergency exists if a person is injured or, because of some other physical or
			 mental condition, the person is unconscious, delirious or otherwise unable to
			 convey consent.
(3) Notwithstanding
			 OAR 459-060-0020, records will be disclosed to the extent required by ORS
			 192.311 to
			 192.431.
Statutory/Other Authority: ORS
				  192.355  & 238.650
Statutes/Other Implemented: ORS
				  192.311  - 192.431, 237.410 - 237.520, 237.610 - 237.620, 237.950 - 237.980 &
				  238
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 60 - PUBLIC RECORDS ADMINISTRATION › Section 459-060-0050 - Request for Benefit Estimate

Current through Register Vol. 63, No. 7, July 1, 2024
Unless otherwise required by a judicial order or valid
				subpoena, or expressly authorized in writing by the affected active or inactive
				member, as defined in ORS
				238.005(7),
				PERS shall not provide an estimate of a potential service or disability
				retirement allowance to anyone other than the member.
Statutory/Other Authority: ORS
				  192.355  & 238.650
Statutes/Other Implemented: ORS
				  192.311  - 192.431, 237.410 - 237.520, 237.610 - 237.620, 237.950 - 37.980 &
				  238
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 60 - PUBLIC RECORDS ADMINISTRATION › Section 459-060-0200 - Confidentiality and Inadmissibility of Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The words and
			 phrases used in this rule have the same meaning as given to them in ORS
			 36.110 and
			 36.234.
(2) Nothing in this rule affects any
			 confidentiality created by other law. Nothing in this rule relieves a public
			 body from complying with the Public Meetings Law, ORS
			 192.610 to
			 192.690. Whether or not they are
			 confidential under this or other rules of the agency, mediation communications
			 are exempt from disclosure under the Public Records Law to the extent provided
			 in ORS 192.410 to
			 192.505.
(3) This rule applies only to mediations in
			 which the agency is a party or is mediating a dispute as to which the agency
			 has regulatory authority. This rule does not apply when the agency is acting as
			 the "mediator" in a matter in which the agency also is a party as defined in
			 ORS 36.234.
(4) To the extent mediation communications
			 would otherwise be compromise negotiations under ORS
			 40.190 (OEC Rule 408), those
			 mediation communications are not admissible as provided in ORS
			 40.190 (OEC Rule 408),
			 notwithstanding any provisions to the contrary in section (9) of this
			 rule.
(5)
Mediations
			 Excluded
. Sections (6)-(10) of this rule do not apply to:
(a) Mediation of workplace interpersonal
			 disputes involving the interpersonal relationships between this agency's
			 employees, officials or employees and officials, unless a formal grievance
			 under a labor contract, a tort claim notice or a lawsuit has been filed;
			 or
(b) Mediation in which the
			 person acting as the mediator will also act as the hearings officer in a
			 contested case involving some or all of the same matters; or
(c) Mediation in which the only parties are
			 public bodies; or
(d) Mediation
			 involving two or more public bodies and a private party if the laws, rule or
			 policies governing mediation confidentiality for at least one of the public
			 bodies provide that mediation communications in the mediation are not
			 confidential; or
(e) Mediation
			 involving 15 or more parties if the agency has designated that another
			 mediation confidentiality rule adopted by the agency may apply to that
			 mediation.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 60 - PUBLIC RECORDS ADMINISTRATION › Section 459-060-0210 - Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 This rule applies to workplace interpersonal disputes, which are disputes
			 involving the interpersonal relationships between this agency's employees,
			 officials or employees and officials. This rule does not apply to disputes
			 involving the negotiation of labor contracts or matters about which a formal
			 grievance under a labor contract, a tort claim notice or a lawsuit has been
			 filed.
(2) The words and phrases
			 used in this rule have the same meaning as given them in ORS
			 36.110 and
			 36.234.
(3) Nothing in this rule affects any
			 confidentiality created by other law.
(4) To the extent mediation communications
			 would otherwise be compromise negotiations under ORS
			 40.190 (OEC Rule 408), those mediation communications are not admissible as provided
			 in ORS
			 40.190 (OEC Rule 408), notwithstanding any provisions to the contrary in section (7)
			 of this rule.
(5) Disclosures by
			 Mediator. A mediator may not disclose or be compelled to disclose mediation
			 communications in a mediation and, if disclosed, such communications may not be
			 introduced into evidence in any subsequent administrative, judicial or
			 arbitration proceeding unless:
(a) All the
			 parties to the mediation and the mediator agree in writing to the disclosure;
			 or
(b) The mediation communication
			 may be disclosed or introduced into evidence in a subsequent proceeding as
			 provided in subsections (c) or (h)-(j) of section (7) of this rule.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 70 - OREGON PUBLIC SERVICE RETIREMENT PLAN, GENERALLY › Section 459-070-0001 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The words and phrases used in divisions 070, 075, 076, and 080
				of OAR Chapter 459 have the same meaning given them in ORS
				238A.005 to
				238A.475, unless otherwise
				indicated. Specific and additional terms for purposes of divisions 070, 075,
				076 and 080 are defined as follows unless context requires otherwise:
(1) "Academic employee of a community
			 college" means an instructor who teaches classes offered for college-approved
			 credit or on a non-credit basis.
(a)
			 Librarians, counselors, and aides in non-teaching positions, tutors, or other
			 non-teaching faculty, and classified, professional or nonprofessional support
			 staff are not academic employees for the purposes of ORS
			 238A.142, but are subject to the
			 membership requirements under ORS
			 238A.100 and OAR
			 459-075-0010.
(b) The governing
			 body of a community college must determine who is an academic employee in its
			 employ under this rule. In making that determination, a community college must
			 consider all disciplines (academic activity) collectively when an employee's
			 assignment includes multiple disciplines.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 70 - OREGON PUBLIC SERVICE RETIREMENT PLAN, GENERALLY › Section 459-070-0050 - Participation of Public Employers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any public employer that does not already provide benefits under the Oregon
			 Public Service Retirement Plan (OPSRP) may apply to participate in OPSRP for
			 service by eligible employees performed on or after the date the employer's
			 participation becomes effective. An employer that applies to participate in
			 OPSRP must also apply to participate in the PERS Chapter 238 Program for
			 members of that program that it employs on or after the employer's
			 participation begins.
(2) The
			 application to participate must contain the following:
(a) A true copy of the resolution, motion or
			 other official action by which the employer's governing board or equivalent
			 decided to apply to participate;
(b) A designated person or position
			 authorized to represent the employer on PERS matters;
(c) Whether the employer will participate for
			 one or more designated classes of employees or for all employees. If the
			 employer already provides coverage for some but not all employees, the
			 application must designate which additional class(es) will be added;
(d) A statement that the employer will
			 participate in the OPSRP Pension Program and the OPSRP IAP;
(e) A statement that the employer will
			 participate in the PERS Chapter 238 Program for members of that program that it
			 currently employs or may hire in the future in the class(es) designated for
			 coverage pursuant to subsection (c) of this section;
(f) Whether the employer will participate in
			 the unused sick leave program pursuant to ORS
			 238.350; and
(g) The date on which the employer proposes
			 to commence participation.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 70 - OREGON PUBLIC SERVICE RETIREMENT PLAN, GENERALLY › Section 459-070-0100

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  238A.450,
				  238.650
Stats. Implemented: ORS
				  238A.050,
				  238A.130,
				  238.435 &
				  238.705
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 70 - OREGON PUBLIC SERVICE RETIREMENT PLAN, GENERALLY › Section 459-070-0110

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  238A.450,
				  238.650
Stats. Implemented: ORS
				  238A.050 &
				  238.705
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 75 - OPSRP PENSION PROGRAM › Section 459-075-0010 - Eligibility and Membership

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Eligibility. An employee who is employed in a qualifying position on or after
			 August 29, 2003 by an employer participating in the OPSRP Pension Program is
			 eligible to become a member of that program, and maintain such membership,
			 unless the employee:
(a) Has established
			 membership in the PERS Chapter 238 Program before August 29, 2003 under the
			 terms of ORS
			 238A.025 and has not terminated membership in that program under ORS
			 238.095;
(b) Is a judge member as defined in ORS
			 238.500;
(c) Elects to participate in an optional or
			 alternative retirement plan as provided in ORS Chapters 237, 243, 341, or 353;
			 or
(d) Is otherwise ineligible for
			 membership.