reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 930 - PREARRANGEMENT AND PRECONSTRUCTION PLANS › Section 441-930-0270 - Fees Assessed to Certified Providers and Registered Master Trustees

Current through Register Vol. 63, No. 7, July 1, 2024
The director shall annually assess the following fees for each
				registered master trustee, certified provider, or applicant:
(1) Certification Fee - $390 per certified
			 provider. Each location is a separate entity for purposed of this fee.
(2) Registration Fee - $390 per
			 master trustee.
(3) Limited
			 Operations Fee - $80.
(4) Exam
			 Fees - $75 per hour for each examiner, plus costs of an examination.
(5) If the books and records are located
			 outside Oregon, the certified provider or master trustee must pay travel and
			 per diem expenses.
Stat. Auth.: ORS
				  97.926,
				  97.933 &
				  97.935
Stats. Implemented: ORS
				  97.933,
				  97.935, 2011 OL Ch. 618
				  |1
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 930 - PREARRANGEMENT AND PRECONSTRUCTION PLANS › Section 441-930-0290 - Unprofessional Conduct

Current through Register Vol. 63, No. 7, July 1, 2024
An entity engaging in the following conduct is subject to
				probation, suspension, revocation, or denial of a certification or registration
				and assessment of a civil penalty pursuant to ORS
				97.948 and OAR
				441-930-0310:
(1) Furnishing false or
			 misleading information to the director in connection with:
(a) Obtaining, renewing, reinstating, or
			 maintaining certification or registration;
(b) The filing of an annual report;
			 or
(c) An investigation;
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 930 - PREARRANGEMENT AND PRECONSTRUCTION PLANS › Section 441-930-0300 - Notice of Complaint

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 certified provider and each master trustee who has filed a complaint against
			 any of its partners, officers, or directors, or, associated persons located in
			 Oregon, with any law enforcement agency, any other regulatory agency with
			 jurisdiction over prearrangement plans, or any bonding company regarding any
			 loss arising from alleged acts of such person, shall send a copy of the
			 complaint to the director within ten calendar days following its filing with
			 the other agency or bonding company.
(2) The certified provider or master trustee
			 shall notify the director within ten calendar days of learning of any action
			 initiated by a law enforcement agency or regulatory agency against any of its
			 partners, officers, or directors, or associated persons located in Oregon on
			 the basis of something other than a complaint from the certified provider or
			 master trustee.
(3) The certified
			 provider or master trustee shall file a copy of any finding, censure, fine,
			 suspension, or expulsion made as a result of an action by any law enforcement
			 agency or other regulatory agency with the director within ten calendar days
			 following receipt of the document.
Stat. Auth.: ORS
				  97.926
Stats. Implemented: ORS
				  97.933 &
				  97.935
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 930 - PREARRANGEMENT AND PRECONSTRUCTION PLANS › Section 441-930-0320 - Notice Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 director shall provide written notice to the certified provider, master
			 trustee, or applicant and to the State Mortuary and Cemetery Board of the
			 director's intent to impose discipline pursuant to ORS
			 97.936,
			 97.948, or to deny an
			 application.
(2) The director shall
			 provide written notice of the Director's Final Order to impose discipline
			 pursuant to ORS 97.936,
			 97.948, or to deny an
			 application from:
(a) A certified provider or
			 certified provider applicant that sells or is responsible for administering a
			 prearrangement or preconstruction plan trust accounts; or
(b) A master trustee or master trustee
			 applicant, holding trust funds from a certified provider
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 930 - PREARRANGEMENT AND PRECONSTRUCTION PLANS › Section 441-930-0330 - Records to be Retained

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 certified provider and master trustee shall maintain records to document the
			 balances and transactions included in its annual report filed pursuant to OAR
			 441-930-0068  and 441-930-0250  and shall retain these records for examination
			 by the director. Each certified provider and master trustee shall make, keep
			 and preserve the following books, accounts and other records for a period of
			 three years after funds from all trust have been distributed, at need or upon
			 cancellation of the contract. The records required to be maintained include,
			 but are not limited to:
(a) Work papers
			 documenting preparation of the annual report;
(b) General ledger or subsidiary ledger
			 account records relating to prearrangement plans;
(c) Receipts register;
(d) Sales registers that show the delivered
			 merchandise and/or services provided in the appropriate trust agreement file,
			 including the name and date of birth of the beneficiary and a description of
			 the merchandise;
(e) Work papers
			 documenting distribution of interest income to individual trusts in a common
			 trust account;
(f) Prearrangement
			 or preconstruction contract files, trust agreement files, and other supporting
			 documentation related to prearrangement transactions. Every contract sold or to
			 be administered by the certified provider must be accounted for and retained,
			 even if they were voided or not issued;
(g) Bank statements; and
(h) Statements from other financial
			 institutions.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 930 - PREARRANGEMENT AND PRECONSTRUCTION PLANS › Section 441-930-0350 - Funeral and Cemetery Consumer Protection Trust Fund

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The director shall order restitution from
			 the Funeral and Cemetery Consumer Protection Trust Fund when the following
			 conditions are met:
(a) A claim for
			 restitution is submitted to the director on forms supplied by the director
			 accompanied by:
(b) A copy of the
			 prearrangement or preconstruction contract;
(c) Copies of canceled checks or payment
			 receipts demonstrating payment;
(d)
			 Correspondence with the provider concerning attempts to obtain repayment;
			 and
(e) Any other information the
			 claimant believes may be helpful to document the claim.
Oregon Administrative Rules › Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION › Division 930 - PREARRANGEMENT AND PRECONSTRUCTION PLANS › Section 441-930-0360 - Surety Bond Requirements for Endowment Care Cemeteries

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a surety
			 bond is revoked, or otherwise terminated, the endowment care cemetery must
			 immediately file a replacement bond.
Failure to send the notice at least 30 days in advance will not
				preclude the endowment care cemetery from being subject to the provisions of
				ORS 97.923 to
				97.949 and
				692.180.
(2) An endowment care cemetery may cancel the
			 surety bond or letter of credit upon 30 days advance notice to the director of
			 completion of the covered construction of all crypts and niches or burial
			 vaults or markers that were part of the development.
Stat. Auth.: ORS
				  97.926
Stats. Implemented: ORS
				  97.929
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 1 - PROCEDURAL RULES › Section 459-001-0000 - Notice of Proposed Rule

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to adoption, amendment or repeal of any permanent rule,
				the Public Employees Retirement System (PERS) shall give notice of the intended
				action:
(1) In the Secretary of
			 State's Bulletin referred to in ORS
			 183.360, at least 21 days before
			 the effective date of the intended action.
(2) By emailing, or sending via postal mail
			 if the recipient has elected that option, notice to persons and organizations
			 on the PERS mailing list established pursuant to ORS
			 183.335(8), at
			 least 28 days before the effective date of the intended action. An interested
			 person or organization may request to be placed on the PERS mailing list by
			 submitting a request to the agency Administrative Rules Coordinator.
(3) By emailing notice to the Director of the
			 Department of Administrative Services and, to the extent identified, affected
			 participating public employers in the System, at least 28 days before the
			 effective date of the intended action.
(4) By emailing notice to the legislators
			 specified in ORS 183.335(15), at
			 least 49 days before the effective date of the intended action.
Stat. Auth.: ORS
				  183.335 &
				  238.650
Stats. Implemented: ORS
				  183.335
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 1 - PROCEDURAL RULES › Section 459-001-0005 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
The Attorney General's Model Rules of Procedure under the
				Administrative Procedures Act, as adopted and effective January 31, 2012, are
				adopted as rules of procedure of the Public Employees Retirement Board, except
				as modified by other rules of the Board.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the office of the Attorney General or the Oregon
				  Public Employees Retirement System.
Stat. Auth.: ORS
				  183.341,
				  237.470,
				  238.650,
				  238A.450 &
				  243.470
Stats. Implemented: ORS
				  237.410 -
				  237.620, chapters 238, 238A
				  & 243.401-243.507
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 1 - PROCEDURAL RULES › Section 459-001-0010

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  183.341 & ORS
				  238.650
Stats. Implemented: ORS
				  238.005 - ORS
				  238.715 & ORS
				  237.410- ORS
				  237.620
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 1 - PROCEDURAL RULES › Section 459-001-0025 - Delegation to Director and Staff

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director is hereby authorized to take
			 all action necessary or desirable to administer the system including but not
			 limited to:
(a) Design application and other
			 forms;
(b) Act on any application
			 for refund of contributions; crediting service, correction of records,
			 retirement for disability or service, and death benefits and
			 allowances;
(c) Calculate and
			 authorize payment of refunds, allowances or benefits except as provided in OAR
			 chapter 459, division 15;
(d)
			 Require medical, vocational or other professional examinations of disability
			 retirement benefits applicants and recipients;
(e) Reinstate persons from disability
			 retirement upon the Director's determination that disability does not exist;
			 and
(f) Initially review, grant or
			 deny petitions for reconsiderations. The Director may deny any petition:
(A) Which does not contain specific grounds
			 for reconsideration; or
(B)
			 Regarding which there is no bona fide dispute of material fact, the pertinent
			 statutes and rules are clear in their application to the facts and there was no
			 material administrative error.
(g) Define and settle administrative and
			 court litigation.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 1 - PROCEDURAL RULES › Section 459-001-0030 - Review of Staff Actions and Determinations Regarding Persons

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of
			 this rule, "Director" means the executive director of PERS, or an administrator
			 appointed by the executive director.
(2) Request for review. Any person may file
			 with the Director a request for review of a staff action or determination,
			 except as provided for in ORS
			 238.285,
			 238.450 or in Board rules on
			 disability retirement. The request must be filed within 60 days following the
			 date the staff action or determination is sent to the person requesting review.
(3) Informal conferences. Informal
			 conferences are available as an alternative means that may achieve resolution
			 of any matter under review. A request for an informal conference does not
			 change the time limit to file a request for review.
(4) Criteria for request. A request for
			 review of a staff action or determination must be in writing and set forth:
(a) A description of the staff action or
			 determination for which review is requested;
(b) A short statement of the manner in which
			 the action is alleged to be in error;
(c) A statement of facts that are the basis
			 of the request;
(d) Reference to
			 applicable statutes, rules or court decisions relied upon;
(e) A statement of the relief requested; and
(f) A request for review.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 1 - PROCEDURAL RULES › Section 459-001-0032 - Review of Staff Actions and Determinations Regarding Public Employers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of
			 this rule, "Director" means the executive director of PERS, or an administrator
			 appointed by the executive director.
(2) Request for review. Any public employer
			 may file with the Director a request for review of a staff action or
			 determination, except as provided in ORS
			 238.450 or in Board rules on
			 disability retirement. The request must be filed within 60 days following the
			 date the staff action or determination is sent to the public employer
			 requesting review.
(3) Informal
			 conferences. Informal conferences are available as an alternative means that
			 may achieve resolution of any matter under review. A request for an informal
			 conference does not change the time limit to file a request for
			 review.
(4) Criteria for request. A
			 request for review of a staff action or determination must be in writing and
			 set forth:
(a) A description of the staff
			 action or determination for which review is requested;
(b) A short statement of the manner in which
			 the action is alleged to be in error;
(c) A statement of facts that are the basis
			 of the request;
(d) Reference to
			 applicable statutes, rules or court decisions relied upon;
(e) A statement of the relief requested;
			 and
(f) A request for
			 review.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 1 - PROCEDURAL RULES › Section 459-001-0035 - Contested Case Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Request for a contested case hearing. To obtain review of any determination
			 made under OAR 459-001-0030  or 459-001-0032  for which a contested case hearing
			 has not been held, the party must file with the Board a request for a contested
			 case hearing. The request must be filed within 45 days following the date of
			 the Director's determination.
(2)
			 Informal conferences. Informal conferences are available as an alternative
			 means that may achieve resolution of any matter under review. A request for an
			 informal conference does not relieve a person of the requirements for timely
			 filing of a request for a contested case hearing.
(3) Criteria for request. The request for a
			 contested case hearing must be in writing and set forth:
(a) A description of the determination for
			 which review is requested;
(b) A
			 short statement of the manner in which the determination is alleged to be in
			 error;
(c) A statement of facts
			 that are the basis of the request;
(d) Reference to applicable statutes, rules
			 or court decisions upon which the requester relies;
(e) A statement of the action the request
			 seeks; and
(f) A request for a
			 hearing.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 1 - PROCEDURAL RULES › Section 459-001-0040 - Petitions for Reconsideration

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Petition for reconsideration. Before initiating any judicial review of a final
			 order in a contested case, a party may file with the Board a petition for
			 reconsideration. If the party chooses to file a petition, it must be filed
			 within 60 days following the date the order becomes final. Written argument
			 from a petitioner must be submitted with the petition.
(2) Board action. The Board may either grant
			 or deny a petition for reconsideration within 60 days of filing. If the Board
			 does not grant or deny the petition within 60 days of filing, the petition
			 shall be deemed denied.
(3) Staff
			 action. If the petition for reconsideration is granted, the Board must enter a
			 new final order in accordance with OAR 137-003-0675  and may consider written
			 argument from the Director on the merits of the petition. The Board may
			 schedule oral argument in its discretion.
Stat. Auth.: ORS
				  238.650
Stats. Implemented: ORS
				  183.413 -
				  183.470 &
				  183.482
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 1 - PROCEDURAL RULES › Section 459-001-0090 - Statement of Intention and Understanding

Current through Register Vol. 63, No. 7, July 1, 2024
Unless specifically expressed to the contrary, no rule adopted
				by the Board, nor the amendment or revocation of an existing rule, after the
				effective date of this rule is intended to or shall be construed or relied upon
				to create any contractual right.
Stat. Auth.:
				  238.650
Stats. Implemented: ORS
				  237.410 -
				  237.637,
				  238.005 -
				  238.715&
				  243.401 -
				  243.507
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 5 - ADMINISTRATION › Section 459-005-0001 - Definitions, Generally

Current through Register Vol. 63, No. 7, July 1, 2024
The words and phrases used in OAR Chapter 459 have the same
				meaning given them in ORS Chapters 237, 238, 238A, and 243 unless otherwise
				indicated. Specific and additional terms used in OAR Chapter 459 generally are
				defined as follows unless context requires otherwise:
(1) "Ad hoc" means one-time for a specific
			 purpose, case, or situation without consideration of a broader
			 application.
(2) "After-tax"
			 contributions means:
(a) Member contributions
			 required or permitted by ORS
			 238.200 or
			 238.515, which a participating
			 employer has not elected to "pick up," assume or pay in accordance with ORS
			 238.205 and
			 238.515(b).
			 "After-tax" contributions are included in the member's taxable income for
			 purposes of state or federal income taxation at the time paid to PERS.
			 "After-tax" contributions are included in computing FAS and in computing the
			 employer's contributions paid to PERS.
(b) Payments made by a member to PERS for the
			 purchase of additional benefits.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 5 - ADMINISTRATION › Section 459-005-0005 - Amendments to Retirement Law

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any changes in benefit calculation or any benefit enhancement established by
			 legislative amendment that affects the Public Employees Retirement System shall
			 apply to members or their beneficiaries, or alternate payees or their
			 beneficiaries, whose effective date of benefits is on or after the effective
			 date of the amendment, unless otherwise specifically provided by law.
(2) Any increase in service or disability
			 retirement benefits, to or on account of any person who has retired as a member
			 of the system, established by amendment to law affecting the Public Employees
			 Retirement System shall apply to either retired members or their beneficiaries,
			 or alternate payees or their beneficiaries, as of the first of the calendar
			 month following the effective date of such amendment, unless otherwise
			 specifically provided by law.
Stat. Auth.: ORS
				  238.650
Stats. Implemented: ORS
				  238.005 - ORS
				  238.585
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 5 - ADMINISTRATION › Section 459-005-0010 - Public Employees Retirement Fund, A Trust

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of ORS
			 238.660 is to ensure that the
			 Public Employees Retirement Fund (PERF) is for the exclusive benefit of PERS
			 members and the members' beneficiaries. If any other provision of an OAR
			 imposes a requirement upon the PERF contrary to ORS
			 238.660,
			 238.660 and this rule shall
			 prevail and be the controlling factor for any Board or staff action.
(2) Pursuant to ORS
			 238.660, the PERF is a trust
			 fund, separate and distinct, for the sole and exclusive use of the members and
			 their beneficiaries as set forth in ORS
			 238.005 to
			 238.750 and
			 237.950 to
			 237.980, unless otherwise
			 specifically provided by law. All moneys, regardless of source, paid into the
			 PERF, are to be used exclusively for the purposes set forth in ORS
			 238.005 to
			 238.750 and
			 237.950 to
			 237.980, unless otherwise
			 specifically provided by law. All moneys and income earned thereon shall remain
			 in the PERF except:
(a) As otherwise provided
			 in ORS 238.005 to
			 238.750 and
			 237.950 to
			 237.980; or
(b) For any laws of the State of Oregon
			 specifically authorizing the investment of moneys from the PERF for the
			 purposes enhancing the value of the PERF.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 5 - ADMINISTRATION › Section 459-005-0012 - Membership of Academic Employees of Community College and Public Universities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of
			 this rule, an "academic employee" of a community college or a public university
			 means an instructor who teaches classes offered for college-approved credit, or
			 on a non-credit basis.
(2)
			 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
			 238.074 or
			 238A.142.
(3) Effective January 1, 2024, each hour for
			 lecture time or classroom time shall be converted to 2.67 hours of employment.
			 Other hours of employment shall be reported with no conversion.
(4) Each community college or public
			 university shall determine who is an academic employee in its employ under this
			 rule. In making that determination, the employing community college or public
			 university shall consider all disciplines (academic activity) collectively when
			 an employee's assignment includes multiple disciplines.
(5) For academic employees concurrently
			 employed in an academic and a non-academic position in one or more community
			 colleges during an academic year, the combination of academic and non-academic
			 duties shall be considered in determining eligibility for membership pursuant
			 to ORS 238.015 or ORS
			 238A.100.
(6) Upon request by PERS, the employer shall
			 submit an official copy of the employee's position description or other
			 employment document that describes the employee's duties and disciplines to
			 support their determination under subsection (4) of this rule.
(7) Employment of retired members of the
			 system in academic or non-academic positions is subject to the limitations in
			 ORS 238.082 or ORS
			 238A.245.
Statutory/Other Authority: ORS
				  238.650
Statutes/Other Implemented: ORS
				  238.074,
				  238A.142 & House Bill 2740
				  (2023)
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 5 - ADMINISTRATION › Section 459-005-0020 - Determination of Employee Status

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Definitions. For purposes of this rule:
(a)
			 "Employee" means:
(A) For a Tier One or Tier
			 Two member, an individual who meets the definition of "employee" provided in
			 ORS
			 238.005 and OAR
			 459-005-0001(14), and includes an individual who has the status of a common-law
			 employee of a public employer, under the usual common law rules applicable in
			 determining the employee/employer relationship.
(B) For an OPSRP member, an individual who
			 meets the definition of "eligible employee" provided in ORS
			 238A.005, and
			 includes an individual who has the status of a common-law employee of a public
			 employer, under the usual common-law rules applicable in determining the
			 employee/employer relationship.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 5 - ADMINISTRATION › Section 459-005-0025 - Student Employee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Under
			 ORS 238.015(4) and
			 238A.005(4)(d),
			 student employees are not eligible for membership in the system by reason of
			 their student employment. A participating employer is responsible for
			 determining whether a person is ineligible for membership in the system because
			 the person is a student employee.
(2) As used in this rule:
(a) The term "school" includes the following
			 public and private educational institutions: a charter school, an elementary
			 school, a middle school, a junior high school, a high school, a community
			 college, an institution of higher education, an Oregon education service
			 district, and the Oregon State School for the Deaf.
(b) The term "enrolled at least half-time"
			 means that the person is enrolled in a school as a student on at least a
			 half-time basis, as determined by the school in which enrolled.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 5 - ADMINISTRATION › Section 459-005-0030 - Payments of Sums to Persons Entitled Thereto

Current through Register Vol. 63, No. 7, July 1, 2024
Retirement allowances, contribution refunds, or any other sums
				shall be paid directly to any one thereto entitled under the provisions of the
				Retirement Law, regardless of any claim maintainable against such sum
				thereafter in the hands of the recipient.
Stat. Auth.: ORS
				  238.650
Stats. Implemented: ORS
				  238
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 5 - ADMINISTRATION › Section 459-005-0040 - Verification of Retirement Data

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For purposes of this rule:
(a) "Eligible
			 member" means an active or inactive member of the system who is within two
			 years of attaining earliest service retirement age or has attained earliest
			 service retirement age. "Eligible member" does not include a retired member of
			 the system, an alternate payee, or a beneficiary.
(b) "Verification" means a document provided
			 to an eligible member by PERS pursuant to ORS
			 238.285.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 5 - ADMINISTRATION › Section 459-005-0055 - Actuarial Equivalency Factors

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Experience Study. The Director shall take steps to assure that the Board's
			 consulting actuary shall present the Experience Study required by ORS
			 238.605 to the Board by
			 September 1 of each odd numbered year.
(2) Actuarial Equivalency Study. The Director
			 shall take steps to assure, pursuant to ORS
			 238.630(3)(g),
			 that the Board's consulting actuary shall present an Actuarial Equivalency
			 Study to the Board as soon as practicable, but no later than the December 15
			 next following the presentation of the Experience Study described in section
			 (1) of this rule. Such Actuarial Equivalency Study shall review the assumptions
			 and the actuarial factors used to:
(a)
			 Convert account balances to monthly allowances;
(b) Convert the standard form of benefit (ORS
			 238.300) to elective options
			 with various survivorship features (ORS
			 238.305); and
(c) Reduce service retirement allowances for
			 early retirement (ORS
			 238.280).
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 5 - ADMINISTRATION › Section 459-005-0060 - Standards for the Adoption of New Actuarial Equivalency Factors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the Board
			 adopts actuarial equivalency factors pursuant to OAR 459-005-0055(3), the Board
			 must consider:
(a) Changes in mortality to
			 reflect the best actuarial information on mortality available at the time that
			 new actuarial tables are adopted; and
(b) Changes in the assumed rate adopted by
			 the Board for the latest actuarial valuation if they are determined by the
			 Board, in consultation with the PERS actuary, to be statistically
			 significant.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 5 - ADMINISTRATION › Section 459-005-0100 - Definitions - Member's Fiduciary

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "Fiduciary Document" means the court order appointing a person as the member's
			 fiduciary or the signed power of attorney by the member appointing the member's
			 fiduciary as their attorney-in-fact.
(2) For the purposes of OAR 459-005-0100  to
			 459-005-0160, the term "member" means a PERS member as defined in ORS
			 238.005, the beneficiary of a
			 PERS member, an alternate payee as defined in
			 238.465, or the beneficiary of
			 an alternate payee.
(3) "Member's
			 Fiduciary" means a guardian or conservator appointed under Oregon law, any
			 person acting as an attorney-in-fact for a member under a power of attorney, or
			 any other person appointed by a court to assume financial responsibility with
			 respect to a member.
Stat. Auth.: ORS
				  238.650
Stats. Implemented: ORS
				  238.005 -
				  238.715
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 5 - ADMINISTRATION › Section 459-005-0110 - Fiduciary Document Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No person may act as a member's fiduciary
			 with respect to PERS matters unless the Fiduciary Document naming or appointing
			 such person(s) meets the requirements set forth in this rule.
(2) The Fiduciary Document shall be in
			 written form and may be either on forms furnished by PERS or in a format
			 approved by PERS. The Fiduciary Document shall contain express language
			 appointing the member's fiduciary as guardian or conservator or otherwise to
			 act on behalf of the member either with respect to the member's financial
			 matters generally or with respect to the member's PERS benefits
			 specifically.
(3) At a minimum, the
			 Fiduciary Document must contain:
(a) The
			 signature of the member or other authority appointing or designating the
			 member's fiduciary.
(b) The
			 signature and address of the member's fiduciary. This requirement can also be
			 satisfied if the Fiduciary Document is accompanied by another document
			 containing the signature and address of the member's fiduciary.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 5 - ADMINISTRATION › Section 459-005-0130 - Termination of Member's Fiduciary

Current through Register Vol. 63, No. 7, July 1, 2024
The authority granted a member's fiduciary will terminate upon
				the occurrence of the earliest of the following events:
(1) A written revocation is filed with PERS
			 containing the member's signature, if the member appointed the member's
			 fiduciary.
(2) A Fiduciary Document
			 is filed with PERS which:
(a) Bears a date
			 that is later than the Fiduciary Document previously filed with PERS;
(b) Complies with the requirements set forth
			 in OAR 459-005-0110; and
(c) Names
			 a different person as the member's fiduciary.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 5 - ADMINISTRATION › Section 459-005-0140 - Permissible Actions Under A Fiduciary Document

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After receipt by PERS of a Fiduciary
			 Document meeting the requirements set forth in OAR 459-005-0110, the member's
			 fiduciary and the member (unless the member's fiduciary is a guardian or
			 conservator) may execute any document required by PERS or perform any PERS
			 related business that falls within the scope of the powers granted by the
			 Fiduciary Document.
(2) If the
			 power to appoint a substitute member's fiduciary is provided in the Fiduciary
			 Document and is subsequently exercised by the member's fiduciary, such
			 appointment must be evidenced by a written document submitted to PERS
			 containing:
(a) The member's fiduciary's
			 signature;
(b) An express granting
			 of all, or whatever portion of, the powers held by the member's fiduciary that
			 is being granted to the substitute member's fiduciary; and
(c) The signature and address of the
			 substitute member's fiduciary.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 5 - ADMINISTRATION › Section 459-005-0150 - Effective Date of Fiduciary Document Rules

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 459-005-0100  to 459-005-0140  shall be effective on the date
				they are adopted by the Public Employees Retirement Board (Board), and shall
				govern any documents submitted to PERS on or after the date these rules are
				adopted by the Board for the purpose of effecting the appointment of a member's
				fiduciary or revoking a Fiduciary Document after such date, or until amended or
				repealed by the Board.
Stat. Auth.: ORS
				  238.650
Stats. Implemented: ORS
				  238.005 -
				  238.715
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 5 - ADMINISTRATION › Section 459-005-0180 - Incapacity of Members, Beneficiaries, and Alternate Payees

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Definitions
. For purposes of this rule, "incapacitated" and
			 "financially incapable" have the meanings given those terms in ORS
			 125.005.
(2)
Presumption of capacity
.
			 Unless demonstrated otherwise in accordance with the requirements of section
			 (3) of this rule, PERS staff shall base its determinations on the presumption
			 that all members, beneficiaries, and alternate payees are not incapacitated or
			 financially incapable of making benefit decisions and executing any documents
			 related to those decisions.
(3)
Process for overcoming presumption
. If any party in interest
			 challenges a staff determination in accordance with OAR 459-001-0030  through
			 459-001-0040  based on a claim of incapacity of a member, beneficiary, or
			 alternate payee, PERS will reverse its previous determination only if the party
			 presents an order or determination by a court with appropriate jurisdiction
			 specifically directing PERS to do so, or such other relief as that court may
			 direct.
Stat. Auth: ORS
				  238.650
Stats. Implemented: ORS
				  238.005 - ORS
				  238.715
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 5 - ADMINISTRATION › Section 459-005-0210 - Transmission of Information, Reports, and Documents

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this rule:
(a) "Deferred Compensation Program" means the
			 Oregon Savings Growth Plan (OSGP), the PERS Board as Trustee of the OSGP, the
			 PERS Director as Administrator of the OSGP, and any OSGP staff
			 member.
(b) "Document" means any
			 document that is not specifically excluded under sections (3) and (8) of this
			 rule, including, but not limited to, any petition, written request, or other
			 document related to the appeal of a staff or Board action under OAR
			 459-001-0030, 459-001-0032, or 459-001-0035.
(c) "PERS" means the PERS Board, the PERS
			 Director, the PERS Health Insurance Program which is administered by PERS under
			 ORS Chapter 238, and any PERS staff member.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 5 - ADMINISTRATION › Section 459-005-0215 - Transmittal of Remittances or Payments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purpose of this rule:
(a) A "remittance" means the transfer of
			 funds from a participating employer to the Public Employees Retirement Fund
			 (PERF) which includes:
(A) The contributions
			 of both employer and employee members required in ORS
			 238.200 to
			 238.230 used to fund PERS
			 benefits;
(B) A PERS invoice for
			 employee and/or employer contributions and associated late penalties;
(C) Any lump sum transfer of funds in
			 satisfaction of an employer liability; and
(D) Other contributions to the
			 PERF.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 5 - ADMINISTRATION › Section 459-005-0220 - Receipt Date for Reports, Documents, Remittances, Payments, Data, and Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As
			 used in this rule:
(a) "Imaged date" means the
			 date on which a report, document, remittance, or payment is imaged and stored
			 electronically to a dedicated network server.
(b) "OMS" means PERS' Online Member
			 Services.
(c) "Online submission
			 date" means the date on which data or a request successfully submitted through
			 OMS is saved to PERS' system.
(d)
			 "Private express carrier" has the same meaning as in ORS
			 293.660(2).
(e) "Settlement date" means the date on which
			 the participating Depository Financial Institution (DFI) or its correspondent
			 is scheduled to be debited or credited by the Federal Reserve.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 5 - ADMINISTRATION › Section 459-005-0225 - Requirement to Make Payments by Electronic Funds Transfer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this rule, the following words
			 and phrases have the following meanings:
(a)
			 "Electronic funds transfer" has the same meaning given the term in ORS
			 293.525.
(b) "ACH credit" means the electronic funds
			 transfer from the participating employer's account, initiated by the
			 participating employer and cleared through the Automated Clearing House (ACH)
			 network for deposit to PERS.
(c)
			 "ACH debit" means the electronic funds transfer from the participating
			 employer's account, initiated by PERS and cleared through the ACH network to
			 debit the participating employer's account and credit the PERS
			 account.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 5 - ADMINISTRATION › Section 459-005-0250 - Recovery of Administrative Costs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Estimates.
(a) Any active or inactive member within two
			 years of eligibility for service retirement may request from PERS an estimate
			 of service retirement benefits (estimate).
(b) PERS shall provide a member with a
			 maximum of two estimates in a calendar year at no cost.
(c) PERS shall charge a fee of $60 for each
			 estimate that exceeds the limit specified in subsection (b) of this
			 section.
(d) A fee charged under
			 subsection (c) of this section must be paid in full before receipt of the
			 requested estimate(s). Payment must be made by check or money order payable to
			 the Public Employees Retirement System.
(e) The provisions of subsections (a) to (d)
			 of this section do not apply to current judge members during their term of
			 office.
(f) A disability estimate
			 shall be provided to a member if a completed disability application is on file
			 with PERS. A disability estimate is provided at no charge.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 5 - ADMINISTRATION › Section 459-005-0260 - Accounts Receivable - Fraud

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 PERS will investigate all suspected fraudulent activities in order to maintain
			 the integrity and proper distribution of benefits.
(2) PERS may pursue all available legal and
			 administrative actions in fraud cases discovered under section (1) of this
			 rule, including but not limited to:
(a)
			 Criminal prosecution under ORS Chapters 162, 164 and 165; or
(b) Civil sanctions under ORS Chapter
			 180.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 5 - ADMINISTRATION › Section 459-005-0300 - Post-Doctoral Scholar

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes
			 of this rule:
(a) "Employing institution of
			 education" means a public university listed in ORS
			 352.002 or the Oregon Health and
			 Science University.
(b) "Equivalent
			 degree" means a terminal degree, the highest degree awarded in a given field of
			 study, or a degree that under the facts and circumstances is equivalent to a
			 doctoral degree.
(c) "Post-doctoral
			 scholar" means a person employed in a position that meets the requirements of
			 section 1 of Chapter 569, Oregon Laws 2017, and this rule.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 5 - ADMINISTRATION › Section 459-005-0310 - Date of Participation and Transfer of Employee Funds to the Optional Retirement Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions.
			 For the purposes of this rule:
(a) "Member's
			 PERS account(s)" means any of the following accounts that PERS has established
			 for the member:
(A) A Tier 1 or Tier 2
			 member's regular account established under ORS
			 238.250;
(B) A Tier 1 or Tier 2 member's variable
			 account established under ORS
			 238.260;
			 and
(C) The member's Individual
			 Account Program (IAP) accounts established under ORS
			 238A.350 and
			 238A.353,
			 to the extent the member is vested in those accounts.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 5 - ADMINISTRATION › Section 459-005-0350 - Membership Status of Persons in Concurrent Employment Eligible to Participate in an Optional or Alternative Retirement Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions. For the purpose of this
			 rule:
(a) "Alternative retirement plan" (ARP)
			 means a retirement plan offered by Oregon Health and Science University (OHSU)
			 that is authorized under ORS
			 353.250,
			 or a retirement plan offered by Harney County Health District (HCHD) that is
			 authorized under ORS
			 237.750.
(b) "Concurrent employment" means employment
			 with two or more different employers participating in the Public Employees
			 Retirement System (PERS) at the same time.
(c) "Controlled group" means a group of
			 employers treated as a single employer for purposes of maintaining qualified
			 status under federal law.
(d)
			 "Employer group" means the group of similarly situated employers, such as the
			 group of public university employers, or the group of community college
			 employers.
(e) "Optional retirement
			 plan" (ORP) means a retirement plan offered by a public university that is
			 authorized under ORS
			 243.815,
			 or a retirement plan offered by a community college that is authorized under
			 ORS
			 341.551.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 5 - ADMINISTRATION › Section 459-005-0370 - Date of Participation and Transfer of Employee Funds to an Alternative Retirement Plan - OHSU

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions.
			 For the purposes of this rule:
(a)
			 "Alternative retirement plan" (ARP) means a retirement plan offered by the
			 Oregon Health and Science University (OHSU) that is authorized under ORS
			 353.250,
			 or an ARP offered by Harney County Health District (HCHD) that is authorized
			 under ORS
			 237.750.
(b) "ARP provider" means OHSU or
			 HCHD.
(c) "Controlled group" means
			 a group of employers treated as a single employer for purposes of maintaining
			 qualified status under federal law.
(d) "Member's PERS account(s)" means any of
			 the following:
(A) The Tier 1 or Tier 2
			 member's regular account as defined in ORS
			 238.250,
(B) The Tier 1 or Tier 2 member's variable
			 account as defined in ORS
			 238.260,
(C) The member's Individual Account Program
			 (IAP) accounts under ORS
			 238A.350,
			 to the extent the member is vested in those accounts; and
(D) The member's Employee Pension Stability
			 Account under 238A.353.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 5 - ADMINISTRATION › Section 459-005-0400 - General Applicability of Attorney General's Model Public Contract Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When PERS has
			 independent statutory authority to contract, and the Public Contracting Code
			 does not apply, PERS adopts the following Attorney General's Model Public
			 Contract Rules to govern its contracting activity:
(a) OAR chapter 137, division 46 - General
			 Provisions Related to Public Contracting: 137-046-0100, 137-046-0110,
			 137-046-0200, 137-046-0252, and 137-046-0400  through 137-046-0480;
			 and
(b) OAR chapter 137, division
			 47 - Public Procurements for Goods or Services: 137-047-0100, 137-047-0260  through 137-047-0670, 137-047-0700  through 137-047-0760  (excluding provisions
			 governing judicial review), and 137-047-0800. Judicial review of decisions
			 relating to any protest is governed by the Oregon Administrative Procedures
			 Act, ORS Chapter 183.