reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 11 - RETIREMENT CREDIT › Section 459-011-0050 - Forfeiture and Restoration of Membership Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A member who, pursuant to ORS
			 238.265,
			 withdraws the amount credited to the member's account ceases to be a PERS
			 Chapter 238 Program member and forfeits all membership rights accrued under ORS
			 Chapter 238 before the effective date of withdrawal, including the right to
			 claim credit for any employment before the effective date of
			 withdrawal.
(2) Any such person may
			 elect to restore membership rights and creditable service forfeited by the
			 withdrawal of the member account as provided in ORS
			 238.105 or
			 238.115.
(3) Pursuant to ORS
			 238.105,
			 any such person who reenters the service of a participating employer in a
			 qualifying position within five years from the date of the last separation from
			 employment in a qualifying position that preceded the member's withdrawal may,
			 at any time during the one-year period immediately following the date of
			 reemployment, repay to PERS, in a single lump sum payment, an amount equal to
			 the amount withdrawn plus the earnings the amount withdrawn would have
			 accumulated from the effective date of withdrawal to the date of repayment.
(a) Upon repayment as described in section
			 (3) of this rule, the PERS Chapter 238 Program membership rights and creditable
			 service forfeited by the withdrawal will be restored. The former member will
			 reestablish membership in the PERS Chapter 238 Program from the date of
			 reemployment. The withdrawn member account will be reestablished in the amount
			 of the repayment.
(b) An employee
			 who is terminated from employment, withdraws the member account under ORS
			 238.265,
			 and is reinstated to employment in connection with a retroactive payment made
			 under ORS
			 238.008(2)
			 may restore membership rights and creditable service within the time period
			 described in section (3) of this rule or within one year from the date the
			 employee actually returns to employment, whichever is later. A retroactive
			 payment must be allocated pursuant to ORS
			 238.008(3).
			 So allocated, the payment must be used in the determination of employee and
			 employer contributions and in the calculation of benefits.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 11 - RETIREMENT CREDIT › Section 459-011-0100 - Credit for Military Service under USERRA

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. The purpose of this rule is to
			 implement ORS 238.156(1).
(2) Limitation of scope of rule.
			 Contributions, benefits and service credit provided under this rule may not
			 exceed contributions, benefits and service credit required under federal law
			 for periods of military service.
(3) Definitions. For purposes of this rule:
(a) "Employee" means an individual employed
			 by a participating public employer in a qualifying position, as defined in ORS
			 238.005 and who is not excluded
			 from the definition of employee as set forth in ORS
			 238.005.
(b) "Employee contributions" means
			 contributions made to the Fund.
(c)
			 "Employer" means the legal entity that employed an individual at the time that
			 individual left for military service. For purposes of this rule, the State of
			 Oregon is a single legal entity. Each separate school district is a separate
			 legal entity.
(d) "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 employee is absent from a position of employment for the purpose of an
			 examination to determine the fitness of the employee to perform any of the
			 above types of duty; or
(G) A
			 period for which an employee is absent from employment for the purpose of
			 performing funeral honors duty as authorized by  10 U.S.C. Sec. 12503  or  32 U.S.C. Sec. 115.
(e)
			 "Salary" means the rate of pay the employee would have earned if he or she had
			 remained employed during the period of military service, including any
			 increases that would have been awarded the employee based on longevity of
			 employment or seniority of position. If such rate of pay is not reasonably
			 certain, the rate shall be based on the employee's average rate of pay from the
			 employer. The average rate of pay shall be calculated for a period not to
			 exceed the 12-month period immediately preceding the period of military
			 service.
(f) "Uniformed services"
			 means the following:
(A) Armed
			 Forces;
(B) Army National
			 Guard;
(C) Air National
			 Guard;
(D) Commissioned corps of
			 the Public Health Service; and
(E)
			 Any other category of individuals designated by the President in time of war or
			 national emergency.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 11 - RETIREMENT CREDIT › Section 459-011-0110 - Credit for Military Service under ORS 238.156(3)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions. For purposes of this rule:
(a) "Armed Forces" means the:
(A) Army;
(B) Navy;
(C) Air Force;
(D) Marine Corps; and
(E) Coast Guard.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 11 - RETIREMENT CREDIT › Section 459-011-0115 - Military Full Cost Purchase

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For the purposes of this rule:
(a) "Armed
			 Forces" means the Army, Navy, Air Force, Marine Corps and the Coast Guard and
			 the reserve components thereof.
(b)
			 "Full cost" means the actual cost to the system of the retirement credit for
			 military service being purchased, including any applicable administrative
			 fee.
(c) "Military service" means
			 qualifying service as described under section (2) of this rule.
(d) "Uniformed Services" means:
(A) The Armed Forces;
(B) The Army National Guard or the Air
			 National Guard when the employee is on duty as described in ORS
			 238.156(5)(b)(B);
(C) The commissioned corps of the United
			 States Public Health Service;
(D)
			 The commissioned corps of the National Oceanic and Atmospheric Administration;
			 and
(E) Any other category of
			 persons designated as "Uniformed Services" by the United States President in
			 time of war or national emergency.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 11 - RETIREMENT CREDIT › Section 459-011-0150 - General Purchases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of this rule, "purchase" means restoration of creditable service under
			 ORS 238.115 or obtaining retirement
			 credit under ORS 238.125,
			 238.135,
			 238.145,
			 238.148,
			 238.156,
			 238.157,
			 238.160,
			 238.162,
			 238.165,
			 238.175, 526.052 or section 2,
			 Chapter 971, Oregon Laws 1999.
(2)
			 To make a purchase, a member must submit the application for restoration of
			 creditable service or to obtain retirement credit and the full purchase cost,
			 provided by PERS, within the time period established in the particular
			 statute.
(3)
(a) If the purchase cost is adjusted and
			 requires an additional payment, PERS will notify the member of the balance due.
			 To complete the purchase, the balance due must be received by PERS by the later
			 of:
(A) The date set by PERS; or
(B) The member's effective retirement
			 date.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 11 - RETIREMENT CREDIT › Section 459-011-0200 - Re-Establishment of Membership

Current through Register Vol. 63, No. 7, July 1, 2024
No employee of the Federal Cooperative Extension Service or any
				other service for an employer participating in the system which mandates
				participation in the federal Civil Service Retirement System (CSRS) or Federal
				Employees Retirement System (FERS), who cancels membership in the Public
				Employees Retirement System pursuant to ORS
				238.015(9)(b) or
				(c) may thereafter repay into the retirement
				fund the amount withdrawn upon cancellation, or in any other manner
				re-establish a right to benefits canceled by the withdrawal.
Stat. Auth.: ORS
				  238.650
Stats. Implemented: ORS
				  238.015(9)
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 11 - RETIREMENT CREDIT › Section 459-011-0500 - Accumulated Unused Sick Leave

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Pursuant to ORS 238.350, a public employer may
			 request that one or more groups of its employees be compensated for accumulated
			 unused sick leave in the form of increased retirement benefits. The request, in
			 writing and accompanied by certified copy of the public employer's governing
			 body's official action, shall be effective not earlier than the first of the
			 calendar month following date of the official action by the public employer.
(2) The Board shall determine the
			 monetary value of 1/2 of the accumulated unused sick leave by the following
			 procedure:
(a) For retiring employees not
			 subject to ORS 238.350(1)(b),
			 the hourly rate used to establish the monetary value of the unused sick leave
			 shall be determined by dividing the monthly final average salary by 173.3
			 hours, multiplying this hourly rate times 1/2 of all accumulated unused sick
			 leave hours reported, and adding this value to the final average salary
			 calculation;
(b) For retiring
			 employees subject to ORS
			 238.350(1)(b),
			 the hourly rate used to establish the monetary value of the unused sick leave
			 shall be determined by dividing the salary in the final contract of employment
			 by the number of contract hours, multiplying this hourly rate times 1/2 of all
			 unused sick leave hours reported for employment as described in ORS
			 238.350(1)(b)
			 and adding this value to the final average salary calculation;
(c) The monetary value of the unused sick
			 leave for retiring employees described in ORS
			 238.350(1)(b)
			 who were employed under contracts for 12 months or earned 96 hours of sick
			 leave in any of the three or less years used in determining final average
			 salary will be valued as provided in subsection (a) of this section.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 13 - RETIREMENT BENEFITS › Section 459-013-0040 - Documentary Evidence

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 order to receive retirement benefits, each member of the system shall furnish
			 to the Retirement Board reasonably satisfactory evidence as to his or her date
			 of birth.
(2) In order for a member
			 to receive benefits under option No. 2 or 3, the Retirement Board must be
			 furnished with reasonably satisfactory evidence as to the beneficiary's date of
			 birth.
(3) Any documentary evidence
			 or photostatic copies thereof, submitted to the Retirement Board as proof of
			 date of birth shall become the property of the board and will not be returned
			 under any circumstances (naturalization or citizenship papers may be submitted
			 for the inspection of the Board after which they will be returned).
Stat. Auth.: ORS 238 .650
Stats. Implemented: ORS
				  238
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 13 - RETIREMENT BENEFITS › Section 459-013-0050 - Combined Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes
			 of this rule:
(a) "Combined service" means
			 periods of active membership in two or more different
			 classifications.
(b) "Concurrent
			 service" means active membership for the same period with two or more different
			 employers in two or more different classifications or actuarial
			 groups.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 13 - RETIREMENT BENEFITS › Section 459-013-0060 - Payment of Retirement Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Retirement benefits shall be payable each
			 month as of the first day of the month following the effective date of
			 retirement.
(a) When the first day of the
			 month falls on a weekend or a PERS holiday, retirement benefits processed
			 through electronic funds transfer shall be payable on the last PERS working day
			 of the prior month.
(b) At the time
			 of death, accrued benefits shall be payable as provided under OAR
			 459-014-0050(4).
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 13 - RETIREMENT BENEFITS › Section 459-013-0110 - Eligibility for Early Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
A member who reaches earliest retirement age under ORS
				238.280becomes eligible for a service retirement benefit that will be paid upon
				written application to the Board. After becoming eligible under that section, a
				member may not withdraw their account under ORS
				238.265 nor will their
				membership terminate by operation of ORS
				238.095(2).
Stat. Auth.: ORS
				  238.650
Stats. Implemented: ORS
				  238.280 &
				  238.095
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 13 - RETIREMENT BENEFITS › Section 459-013-0260 - Effective Date Used in the Establishment of Service Retirement Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A member's
			 service retirement allowance under ORS
			 238.300 and
			 238.305 will be established as
			 of the member's effective date of retirement.
(2) A member's effective date of retirement
			 is the later of:
(a) The first day of the
			 calendar month specified by the member, who is eligible for retirement under
			 the provisions of ORS
			 238.280 or
			 238.005, on their service
			 retirement application; or
(b) The
			 first of the calendar month following the date an application is received by
			 the Public Employees Retirement System (PERS); or
(c) The first of the calendar month following
			 the date of separation from all employers participating in PERS and in the same
			 controlled group.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 13 - RETIREMENT BENEFITS › Section 459-013-0310 - Payment of Increased Benefits under ORS 238.372 to 238.384

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of
			 determinations under ORS
			 238.372 to 238.384:
(a) "Person" includes a member, an alternate
			 payee, or a beneficiary.
(b) The
			 increased benefit percentage to be added to a benefit paid to a beneficiary
			 under ORS
			 238.390,
			 238.395,
			 238.400,
			 238.405,
			 or under an optional form of retirement allowance under ORS
			 238.305 or
			 238.325 will be determined based on:
(A) The increased
			 benefit percentage(s) for which the member is otherwise eligible under ORS
			 238.364,
			 238.366 and
			 238.368;
			 and
(B) The residency of the
			 beneficiary.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 13 - RETIREMENT BENEFITS › Section 459-013-0320 - Payment of Increased Benefits to an Alternate Payee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The provisions of this rule apply to an
			 alternate payee who receives retirement benefit payments derived from an
			 "alternate payee account" or a separate benefit option as provided under OAR
			 459-045-0010(2) or (3)(b).
(2) If
			 an alternate payee is eligible to receive increased benefits under ORS
			 238.465(5), the
			 percentage of the increased benefit payable to the member, as determined under
			 ORS 238.364,
			 238.366,
			 238.368, and
			 238.372 to
			 238.384, is the increased
			 benefit percentage for which the alternate payee is eligible. If the member
			 predeceases the alternate payee, the increased benefit percentage payable to
			 the member at the time of death remains the increased benefit percentage for
			 which the alternate payee is eligible.
(3) If the alternate payee is eligible for
			 the increased benefit under section (2), payment of the increased benefit to
			 the alternate payee under ORS
			 238.372 to
			 238.384 is determined by the
			 residency of the alternate payee.
Stat. Auth.: ORS
				  238.650
Stats. Implemented: ORS
				  238.362,
				  238.364,
				  238.366,
				  238.465&
				  238.372 -
				  238.384
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 14 - DEATH AND SURVIVOR BENEFITS › Section 459-014-0030 - Pre-Retirement Designation of Beneficiary

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At any time before the effective date of
			 retirement, a member or alternate payee with a separate account may designate a
			 new beneficiary or revoke a previous designation of beneficiary for the
			 purposes of paying benefits under ORS
			 238.390 and
			 238A.410.
(2) A designation of beneficiary must be:
(a) In a written format acceptable to
			 PERS;
(b) Signed and dated by the
			 member or alternate payee; and
(c)
			 Received by PERS before the member or alternate payee's death.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 14 - DEATH AND SURVIVOR BENEFITS › Section 459-014-0040 - Valid Request for Distribution of Pre-Retirement Death Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of this rule, "valid request for distribution" is when PERS receives
			 the last required document PERS has determined necessary to distribute a death
			 benefit to a beneficiary.
(2) PERS
			 must receive a copy of the death certificate of the deceased member or
			 alternate payee. PERS will provide instructions to a beneficiary identifying
			 additional documents that must be received to make a valid request for
			 distribution. Required documents may include but are not limited to:
(a) Death Benefit Election;
(b) Letters of
			 Testamentary/Administration;
(c)
			 Small Estate Affidavit or out of state equivalent;
(d) Affidavit of Next of Kin;
(e) Affidavit of Beneficiary;
(f) Declaration of Beneficiary;
(g) Proof of marriage;
(h) Proof of registered domestic
			 partnership;
(i) Proof of birth of
			 the beneficiary;
(j) Trust document
			 or certification of trust;
(k)
			 Proof of Conservatorship; and
(l)
			 Proof of Guardianship.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 14 - DEATH AND SURVIVOR BENEFITS › Section 459-014-0045 - Payment of Chapter 238 Pre-Retirement Death Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be eligible for the benefit under ORS
			 238.395(2),
			 the member's spouse must be the member's sole beneficiary under ORS
			 238.390.
(2) A beneficiary who elects to receive the
			 optional spouse death benefit under ORS
			 238.395(2)
			 will receive actuarially determined monthly payments for life only when the
			 total monthly amount of their benefit is at least the amount established in ORS
			 238.315.
Statutory/Other Authority: ORS
				  238.650
Statutes/Other Implemented: ORS
				  238.315,
				  ORS
				  238.390 & ORS
				  238.395
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 14 - DEATH AND SURVIVOR BENEFITS › Section 459-014-0050 - Designation of Beneficiary at Retirement and Survivor Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of this rule, "first payment is due" means the first of the calendar
			 month after the effective retirement date.
(2) The beneficiary designated on an
			 application for service retirement becomes effective on the effective
			 retirement date. If the service retirement application is rejected by PERS,
			 canceled by the member, or if the member dies prior to the effective retirement
			 date, the beneficiary designation on the retirement application is null and
			 void and does not revoke previous pre-retirement beneficiary designations on
			 file.
(3) PERS must receive a copy
			 of the death certificate of the member or alternate payee.
(4) When a retired Tier One or Tier Two
			 member or alternate payee dies:
(a) Before the
			 first payment is due, the benefit option selected pursuant to ORS
			 238.300 or
			 238.305 determines how benefits are paid to the designated beneficiary.
(b) After the first payment is due, unpaid
			 benefits accrued by the member or alternate payee before their death, less any
			 outstanding invoice amounts, will be paid to the designated beneficiary
			 pursuant to ORS
			 238.390(4)
			 or, in the event there is no designated beneficiary at the time of member or
			 alternate payee's death, as provided in ORS
			 238.390(2).
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 15 - DISABILITY RETIREMENT ALLOWANCES › Section 459-015-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Legislative
			 Assembly has established within the Public Employees Retirement System (PERS) a
			 program for early retirement by reason of disability. The disability retirement
			 program is solely intended to provide benefits to those members who are unable
			 to work because they are disabled and cannot perform any work for which they
			 are qualified.
(2) Disability
			 retirement is an expedited retirement allowance resulting from a disability and
			 is intended solely to provide benefits to PERS members who are unable to work
			 because they are disabled. A disability retirement allowance is not in addition
			 to a service retirement allowance.
Stat. Auth.: ORS
				  238.650
Stats. Implemented: ORS
				  238.320 -
				  238.345
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 15 - DISABILITY RETIREMENT ALLOWANCES › Section 459-015-0001 - 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 Chapter 238 and OAR 459-005-0001. Additional terms
				are defined as follows unless the context requires otherwise.
(1) "Any work for which qualified" means a
			 job, not necessarily the last or usual job, which the applicant for a
			 disability retirement allowance:
(a) Is
			 physically and psychologically capable of performing ; and
(b) Has, or may obtain with reasonable
			 training, the knowledge, skills and abilities, to perform the job
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 15 - DISABILITY RETIREMENT ALLOWANCES › Section 459-015-0005 - Eligibility for Disability Retirement Allowances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A member must be totally, not partially,
			 disabled and unable to perform any work for which qualified for an extended
			 duration to be eligible for a disability retirement allowance.
(2) In determining a member's eligibility for
			 a disability retirement allowance, the burden of proof is upon the applicant.
			 The Board is not required to prove whether the applicant is or is not eligible
			 for a disability retirement allowance.
(3) Eligibility requirements for duty
			 disabilities.
(a) To be eligible for a duty
			 disability a member must prove:
(A) The mental
			 or physical incapacitation arose out of and in the course of duty and was not
			 intentionally self-inflicted; and
(B) The on the job injury must be the
			 material contributing cause of the disability even if the member has a
			 pre-existing condition.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 15 - DISABILITY RETIREMENT ALLOWANCES › Section 459-015-0010 - Criteria for Granting and Denying Disability Retirement Allowances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) PERS shall
			 determine eligibility for disability retirement allowances based on an
			 applicant's capacity and qualifications as set forth below.
(2) Medical documentation is required by
			 PERS. Each disability retirement applicant shall supply any treating or
			 consulting physician's examination report or other medical information
			 requested by PERS. PERS may base its determination on either a treating or
			 consulting physician's medical examination report or have the applicant
			 examined by one or more physicians selected by PERS, or both.
(3) All claims of a disability must be
			 supported by at least one physician's report, resulting from a medical
			 examination, documenting how the injury or disease incapacitates the member. A
			 physician assistant's examination report will be accepted as a physician's
			 report when signed by a supervising physician who has examined the
			 member.
(4) In addition, a
			 disability retirement applicant shall be required to furnish the following:
(a) For claims of mental or emotional
			 disorder, at least one report by a treating or consulting psychiatrist or
			 doctor of psychology;
(b) For
			 claims of orthopedic injury or disease, at least one report of a treating or
			 consulting orthopedic or physical medicine and rehabilitation
			 specialist;
(c) For claims of
			 neurological or neurosurgical injury or disease, at least one report of a
			 treating or consulting neurologist or neurosurgeon;
(d) For claims of fibromyalgia, at least one
			 documented diagnosis by a rheumatologist, and at least one report of a treating
			 or consulting rheumatologist or physical medicine and rehabilitation
			 specialist; and
(e) Any other
			 specialized physician's report that PERS deems necessary.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 15 - DISABILITY RETIREMENT ALLOWANCES › Section 459-015-0020 - Application Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Application must be made on forms provided by PERS. PERS may require the member
			 to provide any information that PERS considers necessary to determine the
			 applicant's eligibility for a disability retirement allowance.
(2) No disability retirement allowance will
			 be paid unless the member files a timely and complete application.
(3) Application must be made by a member or
			 the member's authorized representative. A representative must submit to PERS
			 written proof of the representative's authority, such as a power of attorney,
			 guardianship or conservatorship appointment.
(4) A member cannot apply for disability
			 retirement before their date of disability.
(5) Upon the filing of an application for a
			 disability retirement allowance, PERS will notify the applicant's current or
			 most recent employer of the filing. Additionally, PERS may request of an
			 employer information pertaining to current or previous employment.
(6) When an active member becomes disabled
			 due to injury or disease, the member may make application immediately after the
			 last day worked even though the member may be on a paid leave or on an official
			 leave of absence without pay. Total disability must be continuous from the date
			 of disability to the date the application is filed. If the member becomes an
			 inactive member, the application must be submitted within the timelines
			 outlined in section (8) of this rule.
(7)
(a) For
			 a member who becomes totally disabled due to injury or disease but does not
			 terminate employment, an application for disability retirement must be filed no
			 later than 90 calendar days from the earlier of:
(A) The date the member is medically released
			 for work; or
(B) The date the
			 member returns to work.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 15 - DISABILITY RETIREMENT ALLOWANCES › Section 459-015-0025 - Application Processing - Independent Examinations and Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Following the
			 timely filing of a completed application, PERS may, at its discretion, request
			 an independent medical exam, physical capacity evaluation, or vocational
			 evaluation. If PERS requests one or more of these exams or evaluations, PERS
			 will pay the reasonable associated expenses.
(a) PERS is not required or obligated to
			 request any examination or evaluation. The burden of proof for eligibility for
			 a disability retirement allowance is upon the applicant, whether or not PERS
			 requests any examination or evaluation. Situations in which PERS may exercise
			 its discretion to request an examination or evaluation include, but are not
			 limited to:
(A) When PERS receives
			 conflicting opinions from two physicians of the same specialty;
(B) When an applicant cannot afford to see a
			 physician of the appropriate specialty under OAR 459-015-0010(4)  because:
(i) The applicant does not have health
			 insurance;
(ii) The examination or
			 evaluation will not be covered by the applicant's health insurance;
			 or
(iii) No such physician
			 practices medicine within 50 miles of the applicant's home and the cost of
			 traveling to such a physician would create a financial hardship for the
			 applicant.
(C) When an
			 applicant has been examined by a physician of the appropriate specialty under
			 OAR 459-015-0010(4), but the physician declines to provide an opinion to PERS
			 as to the applicant's claimed disability.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 15 - DISABILITY RETIREMENT ALLOWANCES › Section 459-015-0030 - Hearings on Denial or Discontinuance of Disability Retirement Allowances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A final denial
			 of an application for disability benefits, or any decision discontinuing a
			 previously granted disability retirement allowance may be reviewed in a
			 contested case hearing.
(2) A
			 contested case hearing may be requested by a member by filing with the Board a
			 written request as provided for in OAR 459-001-0035.
(3) The contested case hearing shall be heard
			 before an administrative law judge designated by the Office of Administrative
			 Hearings and conducted in accordance with the Attorney General's Model Rules of
			 Procedure as adopted by OAR 459-001-0005. The member may represent
			 himself/herself or be represented by legal counsel. An Assistant Attorney
			 General will appear at the hearing to assist the staff in presenting its
			 position, and to assist in the development of a complete hearing
			 record.
(4) The Board generally
			 deliberates and decides on final orders during regularly scheduled board
			 meetings. The Board may instead deliberate and decide at any other time and
			 place allowed by law, as determined on a case-by-case basis, such as
			 electronically or via a telephone conference.
(5) In accordance with OAR 459-001-0040,
			 before initiating any judicial review of a final order, an applicant may file
			 with the Board a petition for reconsideration.
(6) Any disputed claim concerning a
			 disability retirement allowance or discontinuance of such allowance may be
			 voluntarily settled on a lump-sum basis subject to recommendation of the
			 assigned Assistant Attorney General and final approval of the Board.
			 Settlements approved by the Board shall be paid upon receipt of a "Release and
			 Covenant Not to Sue" signed by the applicant and the applicant's attorney, if
			 any.
Stat. Auth.: ORS
				  183.310 -
				  183.550,
				  183.600 -
				  183.690 &
				  238.650
Stats. Implemented: ORS
				  238.320 -
				  238.345
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 15 - DISABILITY RETIREMENT ALLOWANCES › Section 459-015-0035 - Evidence - Contested Case Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicant's documentary evidence:
(a) At least 30 days before the scheduled
			 hearing, the applicant shall file with the administrative law judge and serve
			 upon the assigned Assistant Attorney General a copy of each document proposed
			 to be introduced in evidence. Failure to comply may constitute grounds to deny
			 admission of the document at hearing. Unless cross-examination is requested of
			 the document preparer or custodian, within 20 days prior to hearing, a timely
			 served and filed document may be offered subject to the same standards and
			 received with the same effect as oral testimony;
(b) To develop a record that is necessary and
			 appropriate and to achieve fairness, the administrative law judge has the
			 discretion to admit documents/reports not filed and served within 30 days of a
			 hearing unless the party opposing the admission demonstrates that the admission
			 is prejudicial. The administrative law judge will also have the discretion to
			 allow for cross-examination and rebuttal evidence not requested precisely in
			 accordance with the rules.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 15 - DISABILITY RETIREMENT ALLOWANCES › Section 459-015-0040 - Proof of Case - Contested Case Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Burden of Proof in Hearings: The burden
			 of proof for entitlement to a disability retirement allowance is upon the
			 applicant. The Board is not required to prove that the applicant is entitled to
			 a disability retirement allowance.
(2) Standards of Proof:
(a) An order granting entitlement to a
			 disability retirement allowance shall be supported in the record by sufficient
			 evidence demonstrating that the applicant suffers from a physical or mental/
			 emotional injury or disease, and that the applicant is unable to perform any
			 work for which he or she is qualified;
(b) An order denying entitlement to a
			 disability retirement allowance need not be supported by medical or vocational
			 evidence presented by the Board. An order may deny entitlement to a disability
			 retirement allowance if the applicant fails to present sufficient proof of
			 disability and inability to work. An order may deny entitlement to a disability
			 retirement allowance on the basis of medical or vocational evidence presented
			 by the Board.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 15 - DISABILITY RETIREMENT ALLOWANCES › Section 459-015-0045 - Return to Work

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Public
			 Employees Retirement Board allows a member who is receiving a disability
			 allowance to return to work as follows:
(a)
			 Returning to work in a PERS qualifying position. A member who has not been
			 medically released for any work for which qualified, may return to work in a
			 PERS qualifying position, as defined by OAR 459-010-0003, for a 90-day trial
			 period without losing disability retirement status. While the member is working
			 during this trial period:
(A) The disability
			 retirement allowance and supplemental benefits will be suspended.
(B) Any wages earned during the trial period
			 are excluded from the definition of salary for purposes of computing PERS
			 contributions or determining PERS retirement benefits unless the member
			 continues the employment beyond 90 days. If the member continues beyond the 90
			 days, the period will be considered qualifying as of the first day the member
			 returned to work and retroactive contributions, without interest, are
			 required.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 15 - DISABILITY RETIREMENT ALLOWANCES › Section 459-015-0055 - Selection of Benefit Option and Commencement of Allowance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon filing an
			 application for a disability retirement allowance, the member may make a
			 preliminary designation of beneficiary and a preliminary selection of benefit
			 option. A member may not choose a lump-sum option.
(2) Within 90 days following the Director's,
			 or the Director's designee's, approval of the application for disability
			 retirement allowance, the member must submit a disability benefit application
			 provided by PERS. Receipt of the final forms will supersede any preliminary
			 beneficiary designation or preliminary benefit option.
(a) The final option selected applies only to
			 the corresponding time period the member is receiving a disability retirement
			 allowance.
(b) The beneficiary
			 designation or benefit option may be changed up to 60 days after the date of
			 the first actual (not estimated) benefit payment as provided in ORS
			 238.325(2). The
			 beneficiary or benefit option change will be retroactive to the effective
			 disability retirement date.
(c) If
			 a member's disability retirement allowance is canceled before the first benefit
			 payment or is discontinued, the option selected for the purposes of that
			 disability retirement allowance is canceled and a new option may be selected
			 upon a subsequent disability or service retirement.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 16 - POLICE OFFICERS AND FIRE FIGHTERS › Section 459-016-0100 - Purchase of Units by a Police Officer or Firefighter to Provide Increased Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 the purposes of this rule:
(a) "Active" means
			 an "active member" as defined in ORS
			 238.005(1).
(b) "Current" means a member who is currently
			 employed as a police officer or firefighter.
(c) "Firefighter" has the same meaning as set
			 forth in ORS 238.005(10).
(d) "Five years" means five full years ending
			 on the fifth anniversary date of the transfer from a police or fire
			 position.
(e) "Inactive" means an
			 "inactive member" as defined in ORS
			 238.005(13).
(f) "Police officer" has the same meaning as
			 set forth in ORS 238.005(19).
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 17 - REEMPLOYED RETIRED MEMBERS › Section 459-017-0060 - Reemployment of Retired Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of
			 this rule:
(a) "Bona fide retirement" means
			 that the retired member has been absent from service with all participating
			 employers and all employers in a controlled group with a participating employer
			 for at least six full calendar months between the effective date of retirement
			 and the date of hire.
(b) "Retired
			 member" means a member of the PERS Chapter 238 Program who is retired for
			 service.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 20 - OLD-AGE AND SURVIVORS INSURANCE › Section 459-020-0015 - Collection of Pro Rata Share of Administrative Expenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each public agency, as defined in ORS
			 237.410, must pay to the Board
			 an amount determined by the Board to be the public agency's obligation for
			 administrative expenses incurred by the Board in the administration of ORS
			 237.410 to
			 237.515.
(2) The Board will determine administrative
			 expenses for a period of 12 calendar months beginning July 1 of each year and
			 allocate the expenses to each public agency in proportion to the number of
			 employees reported to the Board by the public agency. The Board will invoice
			 each public agency for:
(a) A minimum amount
			 of $15.00; and
(b) The public
			 agency's pro rata share of administrative expenses, to the extent that amount
			 exceeds $15.00.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 20 - OLD-AGE AND SURVIVORS INSURANCE › Section 459-020-0030 - Information and Records from Employer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon request from the Board, an employer
			 must provide to the Board records and information, including:
(a) Personnel information;
(b) Possible exclusions from
			 coverage;
(c) Employer's legal name
			 and status;
(d) Federal employer
			 identification number;
(e)
			 Employee-employer relationship; or
(f) Information requested by the Commissioner
			 of Social Security.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 20 - OLD-AGE AND SURVIVORS INSURANCE › Section 459-020-0050 - Application for Inclusion

Current through Register Vol. 63, No. 7, July 1, 2024
A public agency, as defined in ORS
				237.410, may apply to the Board
				for inclusion in the agreement under ORS
				237.440 by submitting to the
				Board:
(1) A resolution by the
			 agency's legislative or governing body requesting inclusion in the agreement
			 entered into by the Board under ORS
			 237.414; and
(2) A completed Social Security coverage
			 Application and Agreement.
Stat. Auth.: ORS
				  237.470
Stats. Implemented: ORS
				  237.440
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 30 - LOCAL PUBLIC EMPLOYER RETIREMENT PLANS FOR POLICE OFFICERS AND FIRE FIGHTERS › Section 459-030-0009 - Contents of the Petition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 petition for exemption of a public employer shall contain the following
			 information:
(a) The name of the public
			 employer;
(b) For current affected
			 police officers and fire fighters; a list of the names, ages, sex, dates of
			 employment and plan participation, annual employee contributions (withheld or
			 picked up) to the employer's plan for each year of participation beginning in
			 1973 with total current account balances of employee contributions, if
			 applicable, and total gross salaries paid in each of the three most recent
			 calendar years;
(c) A copy of the
			 plan including each written trust agreement, contract or insurance policy
			 providing retirement benefits to the public employer's police officers and fire
			 fighters;
(d) Such additional
			 information as will assist an actuary retained by the Board in reviewing the
			 retirement benefits to be provided the police officers and fire
			 fighters.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 30 - LOCAL PUBLIC EMPLOYER RETIREMENT PLANS FOR POLICE OFFICERS AND FIRE FIGHTERS › Section 459-030-0011 - "Equal To or Better Than" Exemption

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A public employer that provides
			 retirement benefits to its police officers and firefighters pursuant to ORS
			 237.620(2) is
			 exempt from participation in PERS for such employees.
(2) An exemption under this division will
			 continue until the Board, upon review of the public employer's retirement plan,
			 determines that the plan no longer meets the required standard.
(3) Whenever a change in benefits in the
			 public employer's retirement plan is adopted, the public employer must petition
			 the Board for review of the employer's plan within 60 days.
(4) Whenever a change in benefits in the PERS
			 Plan is adopted, the Board will determine if the change increases benefits such
			 that the public employer's retirement plan must be reviewed.
(5) In any event, at least once every 12
			 years the Board will determine, pursuant to section (2) of this rule, whether
			 an employer's exemption should continue.
(6) The Board may delegate the determination
			 of whether such an employer's plan qualifies for an exemption to the PERS
			 Executive Director.
Stat. Auth.: ORS
				  238.650
Stat. Implemented: ORS
				  237.620,
				  237.635 &
				  237.637
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 30 - LOCAL PUBLIC EMPLOYER RETIREMENT PLANS FOR POLICE OFFICERS AND FIRE FIGHTERS › Section 459-030-0015 - Actuarial Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon the
			 filing of a petition, the Board shall schedule an actuarial review of the
			 public employer's retirement plan to be conducted by an actuary retained by the
			 Board at the expense of the public employer.
(2) An actuary retained by the Board may
			 require the public employer to provide such additional information as the
			 actuary considers necessary. Failure to provide the actuary with the requested
			 information on a timely basis shall constitute sufficient ground for the Board
			 to dismiss the petition with prejudice.
Stat. Auth.: ORS 237
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 30 - LOCAL PUBLIC EMPLOYER RETIREMENT PLANS FOR POLICE OFFICERS AND FIRE FIGHTERS › Section 459-030-0025 - Standards for Review of Police Officers and Firefighters Retirement Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of
			 this rule:
(a) "Assumed rate" has the same
			 meaning as provided in OAR 459-007-0001.
(b) "Valuation date" means the date set by
			 the Board as of which the retirement benefits under the public employer's
			 retirement plan and the retirement benefits under the PERS Plan shall be
			 compared.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 30 - LOCAL PUBLIC EMPLOYER RETIREMENT PLANS FOR POLICE OFFICERS AND FIRE FIGHTERS › Section 459-030-0030 - Board Action on Petition and Review of Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The actuary will issue a written report
			 that concludes whether a public employer's plan meets the standards for
			 receiving an exemption under OAR 459-030-0025. After receipt of the written
			 actuarial review report and recommendations of staff, the Board will issue an
			 order granting or denying the petition for exemption. No order denying a
			 petition for exemption will be issued until at least 90 days after the actuary
			 had delivered its report to the Board. During that period, the public employer
			 may amend its plan to comply retroactive to the valuation date or file a
			 written request for an extension. Upon filing of that request, the Board will
			 not enter an order denying a petition for exemption for an additional 60 days
			 after receiving the request. If a public employer submits an amended plan
			 before the Board adopts an order denying the exemption, the actuary will submit
			 a supplemental report on whether the amended plan meets the required standards
			 under 459-030-0025. The Board may adopt an order at any time after receiving
			 the supplemental report.
(2) Within
			 60 days of the effective date of any order issued under this rule, the public
			 employer, the affected public employees, or their labor representative may file
			 a petition for rehearing or reconsideration pursuant to OAR 459-001-0010  and
			 459-001-0040.
Stat. Auth: ORS
				  238.650
Stats. Implemented: ORS
				  237.620,
				  237.635 &
				  237.637