reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 75 - OPSRP PENSION PROGRAM › Section 459-075-0020 - Termination of OPSRP Pension Program Membership

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As of July 1, 2020, withdrawal from the
			 OPSRP Pension Program is no longer available.
(2) A member who withdraws from the
			 Individual Account Program (IAP) under ORS
			 238A.375 terminates membership in the OPSRP Pension Program as of the effective date of
			 IAP withdrawal.
(3) A member who
			 withdraws from the IAP forfeits any service performed by the member before the
			 date of the separation and may not use that service for any purpose including,
			 but not limited to, establishing membership under ORS
			 238A.100,
			 vesting under ORS
			 238A.115, and the accrual
			 of retirement credit under ORS
			 238A.140,
			 238A.150,
			 or
			 238A.155.
(4) In the event the member's IAP withdrawal
			 is canceled under OAR 459-080-0020(7)  and the member's membership is restored,
			 the member's OPSRP Pension Program membership will also be restored.
Statutory/Other Authority: ORS
				  238A.450
Statutes/Other Implemented: ORS
				  238A.120  & OL 2007 Ch. 52
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 75 - OPSRP PENSION PROGRAM › Section 459-075-0030 - Calculation of Overtime for Purposes of Final Average Salary

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of
			 calculating final average salary, a member's salary shall not include any
			 amounts attributable to hours of overtime that exceed the average number of
			 hours of overtime for the same employee class.
(2) The average number of hours of overtime
			 for an employee class shall be determined by the employer based on a reasonable
			 expectation of the average number of hours of overtime employees in that class
			 would perform over the course of a calendar year. The employer shall maintain
			 records of the average number of hours of overtime for each employee class for
			 each calendar year and provide those records to PERS upon request.
(3) Under the provisions of ORS
			 238A.130(5) the
			 Oregon Department of Administrative Services shall establish by rule more than
			 one overtime average for a class of state employees based on the geographic
			 placement of the employees.
Stat. Auth.: OL 2003 Ch. 733
Stats. Implemented: OL 2003 Ch.
				  733
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 75 - OPSRP PENSION PROGRAM › Section 459-075-0060 - Vesting in the OPSRP Pension Program

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of determining vesting under ORS
				238A.115(1)(a):
(1) Hours of service performed for all
			 participating public employers during a calendar year are included.
(2) Hours of service performed during the
			 six-month period required to establish membership under ORS
			 238A.100 are included.
(3) For calendar
			 years beginning on or after January 1, 2004, hours of service will be
			 determined based on hours reported to PERS by the member's employer(s) pursuant
			 to OAR 459-070-0100.
(4) An
			 eligible employee first employed by a participating public employer on or after
			 August 29, 2003 and before January 1, 2004 is presumed to have performed less
			 than 600 hours of service in calendar year 2003 unless records provided to PERS
			 establish that the eligible employee performed at least 600 hours of service in
			 the calendar year.
(5) Hours of
			 service attributable to periods of active membership before termination of
			 membership under ORS
			 238.095 and hours of service excluded under ORS
			 238A.120 and
			 238A.145 may not be included.
(6) An
			 eligible employee who has established membership in the OPSRP Pension Program
			 but has not vested in that program prior to becoming a judge member, as defined
			 in ORS
			 238.500(3),
			 may use hours of service worked as a judge member solely for the purpose of
			 vesting in the OPSRP Pension Program so long as:
(a) The membership of the person has not been
			 terminated under the provisions of ORS
			 238.545 or
			 238A.110;
			 and
(b) The judge member's
			 effective date of retirement is on or after January 1, 2018.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 75 - OPSRP PENSION PROGRAM › Section 459-075-0100 - 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 section 13, chapter 733, Oregon Laws 2003 (Enrolled HB
			 2020).
(2)
Limitation of
			 scope of rule
. Contributions, benefits and service credit provided under
			 this rule shall not exceed contributions, benefits and retirement credit
			 required under federal law for periods of military service.
(3)
Definitions
. For purposes of
			 this rule:
(a) "Employee" means an employee,
			 as defined in OAR
			 459-070-0001, who:
(A) Has established membership in the pension
			 program in accordance with section 5(1), chapter 733, Oregon Laws 2003
			 (Enrolled HB 2020); or
(B) Is
			 entitled to credit toward the probationary period required by section 5(1),
			 chapter 733, Oregon Laws 2003 (Enrolled HB 2020).
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 75 - OPSRP PENSION PROGRAM › Section 459-075-0150 - Retirement Credit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes
			 of this rule:
(a) "Active member" has the same
			 meaning as provided in ORS
			 238A.005.
(b) "Major fraction of a month" means a
			 minimum of 50 hours in any calendar month in which an active member is being
			 paid a salary by a participating public employer and for which benefits under
			 ORS Chapter 238A are funded by employer contributions.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 75 - OPSRP PENSION PROGRAM › Section 459-075-0170 - Payment of OPSRP Pension Program Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions. For purposes of this rule:
(a) "Benefit recipient" means an OPSRP
			 Pension Program member, surviving beneficiary or alternate payee who is
			 entitled to receive a retirement benefit under the OPSRP Pension
			 Program.
(b) "Non-survivorship
			 benefit" means a lifetime benefit that is paid to an eligible benefit recipient
			 and ends after death.
(c)
			 "Survivorship benefit" means a survivor monthly pension benefit that is paid to
			 a surviving beneficiary after an OPSRP Pension Program member's
			 death.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 75 - OPSRP PENSION PROGRAM › Section 459-075-0175 - Effective Date Used in the Establishment of OPSRP Pension Program Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 member's OPSRP pension program benefits under ORS
			 238A.125 and
			 238A.180 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
			 238A.160 to
			 238A.170, 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 75 - OPSRP PENSION PROGRAM › Section 459-075-0200 - Retirement Eligibility for Police Officer and Firefighter Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of
			 this rule:
(a) "Police officer" and
			 "firefighter" have the same meaning given them in ORS
			 238A.005.
(b) "Continuously" means a period during
			 which the memberis employed in one or more qualifying positions as a police
			 officer or firefighter in consecutive months without interruption.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 75 - OPSRP PENSION PROGRAM › Section 459-075-0300 - Reemployment of a Retired Member of the OPSRP Pension Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of
			 this rule, "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.
(2) If a retired member of the OPSRP Pension
			 Program who is receiving monthly pension payments is employed by a
			 participating public employer in a qualifying position:
(a) The member reestablishes active
			 membership effective the date of hire.
(b) If the member has been retired for six or
			 more calendar months:
(A) The member's
			 retirement is canceled effective the first of the month in which the member was
			 hired.
(B) The last pension payment
			 the member is entitled to receive is for the month before the calendar month in
			 which the member was hired. A member who receives benefits to which he or she
			 is not entitled must repay those benefits to PERS.
(c) If the member has been retired for less
			 than six calendar months:
(A) PERS will cancel
			 the member's retirement retroactively, as of the member's effective date of
			 retirement.
(B) All retirement
			 benefits received by the member, including benefits received prior to the
			 member's date of hire into the qualifying position, must be repaid to PERS in a
			 single payment.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 76 - OPSRP DISABILITY BENEFIT › Section 459-076-0001 - 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 238A and OAR 459-070-0001. 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 disability
			 benefits:
(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 76 - OPSRP DISABILITY BENEFIT › Section 459-076-0005 - Eligibility for Disability Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A member who was an active member as of
			 the date of disability 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 benefit.
(2) A
			 member with disabilities arising after the member's date of termination from a
			 qualifying position(s) is not eligible for a disability benefit.
(3) In determining a member's eligibility for
			 disability benefits, the burden of proof is upon the applicant. The Board is
			 not required to prove whether the applicant is or is not eligible for
			 disability benefits.
(4)
			 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 76 - OPSRP DISABILITY BENEFIT › Section 459-076-0010 - Criteria for Granting and Denying Disability Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) PERS shall determine eligibility for
			 disability benefits based on an applicant's capacity and qualifications as set
			 forth below.
(2) Medical
			 documentation is required by PERS. Each disability benefit 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 benefit applicant shall be required to furnish the following:
(a) For claims of mental or emotional
			 disorder, at least one report of 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 PERS deems necessary.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 76 - OPSRP DISABILITY BENEFIT › Section 459-076-0020 - 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
			 member's eligibility for a disability benefit.
(2) No disability benefit will be paid unless
			 the member files a timely and complete application with PERS.
(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 must file a timely application
			 for disability benefits:
(a) An active member
			 may file the 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.
			 No application will be accepted that predates the last day the member was
			 actually on the job, and:
(A) The application
			 must be filed no later than 90 calendar days from:
(i) The date the member is medically released
			 for work; or
(ii) The date the
			 member returns to work, whichever is earlier.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 76 - OPSRP DISABILITY BENEFIT › Section 459-076-0025 - 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 benefit 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 459-076-0010(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 459-076-0010(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 76 - OPSRP DISABILITY BENEFIT › Section 459-076-0045 - Cessation of Disability Benefits Upon Reaching Normal Retirement Age

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a member who
			 is receiving an OPSRP disability benefit reaches normal retirement age, as
			 defined in ORS 238A.160, disability benefits
			 will cease as of the first of the following month.
(2) The disability benefit will not
			 automatically convert to a retirement benefit upon the member reaching normal
			 retirement age. The member must apply for service retirement benefits before
			 receiving them. In order to receive a service retirement benefit beginning in
			 the month in which a disability benefit ceases under section (1) above, the
			 member must:
(a) Complete the applicable
			 Service Retirement application(s); and
(b) Submit the application(s) to PERS at
			 least 92 days before the first of the month in which the disability benefit
			 ceases under section (1). In no case will a service retirement benefit become
			 payable during a month in which a member receives a disability benefit or
			 earlier than the first of the month in which an application was
			 submitted.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 76 - OPSRP DISABILITY BENEFIT › Section 459-076-0055 - Payment of Disability Benefit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A disability benefit accrues from the
			 effective date of disability benefit.
(2) Notwithstanding section (1) of this rule,
			 disability payments may not begin until a period of extended duration following
			 the date of disability has been completed.
(3) If PERS cannot calculate the actual
			 disability benefit payment, an estimated payment will be made until PERS
			 receives all the necessary information needed to calculate the actual benefit
			 payment.
(a) If the estimated payment results
			 in an underpayment of $10 or more a month, the member will receive interest
			 under the provisions of OAR 459-007-0015.
(b) If the estimated payment results in an
			 overpayment of any amount, the overpayments may be recovered by decreasing the
			 monthly benefit amount until the difference between the amount the member
			 received and the amount the member should have received is recovered.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 80 - OPSRP INDIVIDUAL ACCOUNT PROGRAM › Section 459-080-0010 - Membership

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An employee who
			 is eligible for membership in the pension program under OAR 459-075-0010  becomes a member of the individual account program on the same date the
			 employee becomes a member of the pension program.
(2) An employee who was an active or inactive
			 member of PERS on August 28, 2003, and retains membership in PERS through
			 January 1, 2004, becomes a member of the individual account program on January
			 1, 2004.
(3) An employee who
			 performed a period of service before August 29, 2003, that was credited to the
			 six-month period required under ORS
			 238.015 for membership in PERS
			 becomes a member of the individual account program on the date the employee
			 becomes a member of PERS, or January 1, 2004, whichever is later.
(4) An employee may become a member of the
			 individual account program as provided in ORS
			 238A.300(2)
Stat. Auth.: ORS
				  238A.450
Stats. Implemented: ORS
				  238A.300,
				  238A.305 & OL 2011 Ch. 722
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 80 - OPSRP INDIVIDUAL ACCOUNT PROGRAM › Section 459-080-0015 - Investment of IAP Account Balance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions. For the purposes of this
			 rule:
(a) "IAP account" means the employee
			 account, employer account, and rollover account established under ORS
			 238A.350.
(b) "Retirement allocation fund" has the same
			 meaning as defined in OAR 459-007-0001(10).
(c) "Retirement installments fund" has the
			 same meaning as defined in OAR 459-007-0001(11).
(d) "Target date fund" has the same meaning
			 as defined in OAR 459-007-0001(12).
(e) "Valid election" means a member election,
			 received by PERS no later than September 30 of a calendar year, to have their
			 IAP account balance and new contributions invested in a target date fund of
			 their choice that can be administered by PERS and will take effect on January 1
			 of the following calendar year.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 80 - OPSRP INDIVIDUAL ACCOUNT PROGRAM › Section 459-080-0020 - Withdrawal of Individual Accounts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions. For the purposes of this
			 rule:
(a) "Bona fide separation" means a
			 member has been absent from employment with all participating employers, and
			 employers in a controlled group with a participating employer, for at least one
			 full calendar month following the month of separation.
(b) "Controlled group" means a group of
			 employers treated as a single employer for purposes of maintaining qualified
			 status under federal law.
(c)
			 "Effective date of withdrawal" has the same meaning as given the term in OAR
			 459-005-0001(10).
(d) "Inactive
			 member" has the same meaning given the term in ORS
			 238A.005(8).
(e) "Individual account program" has the same
			 meaning given the term in ORS
			 238A.005(9).
(f) "Individual accounts" means the employee
			 account, Employee Pension Stability Account, rollover account, and employer
			 account of a member of the Individual Account Program (IAP) to the extent the
			 member is vested in those accounts under ORS
			 238A.320.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 80 - OPSRP INDIVIDUAL ACCOUNT PROGRAM › Section 459-080-0050 - IAP Optional Employer Account Contributions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Employers shall not begin optional
			 employer contributions under ORS
			 238A.340 to the employer account of a member under the OPSRP Individual Account Program
			 (IAP) until the agreement by which those contributions will be made has been
			 provided to PERS. The agreement must, at a minimum, provide the following
			 information:
(a) The date those contributions
			 are to commence; and
(b) The
			 percentage of salary to be contributed.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 80 - OPSRP INDIVIDUAL ACCOUNT PROGRAM › Section 459-080-0060 - Vesting in an IAP Employer Account

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purpose of determining vesting
			 under ORS 238A.320(3)(a):
(a) Calendar years before the calendar year
			 in which the IAP employer account is established are included.
(b) Hours of service performed for all
			 participating public employers during a calendar year are included.
(c) Hours of service performed during the
			 six-month period required to establish membership under ORS
			 238A.300 are included.
(d) For calendar years beginning on or after
			 January 1, 2004, hours of service will be determined based on hours reported to
			 PERS by the member's employer(s) pursuant to OAR 459-070-0100.
(e) For calendar years before January 1,
			 2004, a member is presumed to have performed 600 hours of service in any
			 calendar year in which the member was an active member unless records provided
			 to PERS establish that the eligible employee did not perform at least 600 hours
			 of service in the calendar year.
(f) Hours of service attributable to periods
			 of active membership before termination of membership under ORS
			 238.095 and hours of service
			 excluded under ORS 238A.320 and
			 238A.375 may not be
			 included.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 80 - OPSRP INDIVIDUAL ACCOUNT PROGRAM › Section 459-080-0100 - 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 238A.415.
(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:
(A) An eligible employee, as defined in ORS
			 238A.005;
(B) An active member of PERS, as defined in
			 ORS 238.005, on or after January 1,
			 2004; or
(C) An employee who is
			 entitled to credit toward the probationary period required by ORS
			 238.015.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 80 - OPSRP INDIVIDUAL ACCOUNT PROGRAM › Section 459-080-0150 - Employee Contributions into the IAP Account

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions. For the purposes of this
			 rule:
(a) "Forfeiture account" means the
			 account set up by PERS to administer overpayments of employee contributions.
(b) "Salary" has the same meaning
			 provided in:
(A) ORS
			 238A.005 for members who
			 established membership in the Individual Account Program under the provisions
			 of OAR 459-080-0010(1); or
(B) ORS
			 238.005 for members who
			 established membership in the Individual Account Program under the provisions
			 of OAR 459-080-0010(2) or (3).
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 80 - OPSRP INDIVIDUAL ACCOUNT PROGRAM › Section 459-080-0200 - IAP Account Adjustments for Earnings or Losses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Earnings and losses on employee,
			 employer, and rollover contributions under the OPSRP Individual Account Program
			 ("IAP") shall be credited annually in accordance with OAR 459-007-0005(6). In
			 no event shall earnings or losses be credited to individual accounts until
			 funds are actually received by PERS and have been successfully reconciled with
			 the corresponding wage and contribution record.
(2) When a member elects to withdraw their
			 accounts under ORS
			 238A.375,
			 earnings or losses for their employee and employer accounts shall be credited
			 in accordance with OAR 459-007-0320(2)  and earnings for the Employee Pension
			 Stability Account (EPSA) will be credited in accordance with OAR
			 459-007-0370.
(3) When a member
			 retires and elects to receive a lump sum payment of their accounts under ORS
			 238A.400(1),
			 earnings or losses for their employee and employer accounts shall be credited
			 in accordance with OAR 459-007-0320(1).
(4) When a member retires and elects to
			 receive installment payments under ORS
			 238A.400(2),
			 earnings or losses for their employee and employer accounts shall be credited
			 in accordance with OAR 459-007-0330.
Statutory/Other Authority: ORS
				  238A.450
Statutes/Other Implemented: ORS
				  238A.350,
				  238A.375  & 238A.400
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 80 - OPSRP INDIVIDUAL ACCOUNT PROGRAM › Section 459-080-0250 - IAP Account Installments

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Definitions. For purposes of this rule:
(a)
			 "Account balance" means the member's employee and employer accounts established
			 under ORS
			 238A.350,
			 to the extent the member is vested in those accounts.
(b) "Anniversary date" means the first day of
			 the calendar month of the date of distribution of the first installment
			 payment.
(c) "Date of distribution"
			 has the same meaning as defined in OAR 459-007-0001(7).
(d) "Estimated Life Expectancy" means the
			 member's life expectancy as determined by the applicable IRS mortality
			 table.
(e) "Payout Period" means
			 the span of years over which the member elects to receive installment payments
			 under section (2) of this rule.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 80 - OPSRP INDIVIDUAL ACCOUNT PROGRAM › Section 459-080-0260 - Distribution of IAP Accounts at Retirement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in this rule,
			 distribution under ORS
			 238A.400 of a member's
			 Individual Account Program (IAP) accounts at retirement shall begin only at the
			 time the member retires for service under the PERS Chapter 238 Program or OPSRP
			 Pension Program.
(2) A member of
			 the IAP who is retired for disability under the PERS Chapter 238 Program may
			 begin distribution of the member's IAP accounts upon reaching earliest service
			 retirement age.
(3) This rule does
			 not apply to a member who retires for service as a judge member or
			 legislator.
(4) This rule is
			 effective January 1, 2011.
Stat. Auth.: ORS
				  238A.450
Stats. Impl.: ORS
				  238A.400
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 80 - OPSRP INDIVIDUAL ACCOUNT PROGRAM › Section 459-080-0300 - Receipt of Retirement Distribution Payments by an Active Member of the IAP

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A member of the
			 IAP who received a distribution at retirement under ORS
			 238A.400 or OAR 459-080-0250  who
			 reestablishes active membership in the PERS Chapter 238 Program as set forth in
			 OAR 459-017-0060, or the OPSRP Pension Program as set forth in OAR
			 459-075-0300, shall also reestablish active membership in the IAP on the same
			 date.
(2) A member is not entitled
			 to receive any IAP payments once active membership is reestablished.
(a) If the member received a single lump sum
			 payment, the member is entitled to the payment provided the payment was dated
			 on or before the date the member reestablished active membership.
(b) If the member is receiving installment
			 payments, the last installment payment to which the member is entitled is the
			 last installment payment paid before the date the member reestablished active
			 membership.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 80 - OPSRP INDIVIDUAL ACCOUNT PROGRAM › Section 459-080-0400 - Employee Pension Stability Account (EPSA)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Employee
			 Pension Stability Account (EPSA) is a member account under the IAP as
			 established in ORS 238A.353. A portion of the
			 member contributions is credited to the member's EPSA when the member's monthly
			 salary exceeds the threshold amount and the system funded status is below
			 90%.
(2) The monthly salary
			 threshold amount:
(a) Is $3,688 for calendar
			 year 2024;
(b) Includes salary from
			 all PERS covered employment during the calendar month; and
(c) Is determined based on the date the
			 salary is paid except for retroactive salary payments, which are allocated to
			 the period when the salary was earned or would have been earned.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 80 - OPSRP INDIVIDUAL ACCOUNT PROGRAM › Section 459-080-0410 - Voluntary Contributions to Individual Account Program (IAP)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions.
(a) "Voluntary contribution effective date"
			 is the:
(A) First day of the month following
			 one full calendar month after the voluntary contribution election date, if the
			 voluntary contribution election date is on or after the second day of the
			 month.
(B) First day of the
			 following month if the voluntary contribution election date is the first day of
			 the month.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 80 - OPSRP INDIVIDUAL ACCOUNT PROGRAM › Section 459-080-0500 - Limitation on Contributions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of
			 this rule, "annual addition" has the same meaning given the term in
			 26 U.S.C.
			 415(c)(2).
(2) Except as otherwise provided in this
			 rule, the annual addition to a member account for any calendar year may not
			 exceed $69,000 effective January 1, 2024.
(3) If a payment of employee contributions
			 for a period of military service is made under OAR 459-080-0100:
(a) The payment shall be allocated as an
			 annual addition to the calendar year(s) of military service to which it
			 relates; and
(b) For the purpose of
			 determining the amount of the payment under this section, the member's
			 compensation shall be determined under OAR 459-080-0100(3)(d).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 1 - GENERAL DEFINITIONS AND RULEMAKING › Section 461-001-0000 - Definitions for Chapter 461

Current through Register Vol. 63, No. 7, July 1, 2024
Defined terms are often italicized throughout this chapter of
				rules. If a defined term is accompanied by a cross-reference to a rule defining
				the term, subsequent usages of that term in the same rule refer to the same
				definition cross-referenced earlier in the rule. In this chapter of rules,
				unless the context indicates otherwise:
(1) A reference to Division, Adult and Family
			 Services Division (or AFS), Senior and Disabled Services Division (or SDSD),
			 Department of Human Services (DHS), or any other agency formerly part of the
			 Oregon Department of Human Services means the Oregon Department of Human
			 Services (ODHS), except:
(a) The rule in which
			 reference occurs only regulates programs covered by OAR chapter 461.
(b) Eligibility rules for HSD medical
			 programs (see section (34) of this rule) are in OAR chapter 410, division
			 200.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 1 - GENERAL DEFINITIONS AND RULEMAKING › Section 461-001-0010 - Notice of Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
See the current version of OAR
				407-001-0000 and
				407-001-0005 which apply to
				notices of rulemaking for rules in Chapter 461.
Stat. Auth.: ORS
				  183.341,
				  411.060 &
				  418.100
Stats. Implemented: ORS
				  183.341,
				  411.060 &
				  418.100
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 1 - GENERAL DEFINITIONS AND RULEMAKING › Section 461-001-0015 - Definitions; SNAP

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to the rules of the SNAP
				program in Chapter 461:
(1)
Adult
means an individual 18 years of age or older.
(2) A
disabled
individual or
			 an individual with a
disability
means an individual who meets
			 any of the following requirements:
(a)
			 Receives SSI benefits under title XVI of the Social Security Act.
(b) Receives blindness or disability benefits
			 under titles I, II, X, XIV, or XVI of the Social Security Act.
(c) Receives OSIP or other state or federal
			 supplement under section 1616(a) of the Social Security Act based on disability
			 or blindness criteria under title XVI of the Social Security Act.
(d) Receives state general assistance
			 benefits based upon disability or blindness criteria under title XVI of the
			 Social Security Act.
(e) Receives
			 interim assistance pending receipt of SSI or receives disability-related
			 medical assistance under title XIX of the Social Security Act.
(f) Receives a state or federally
			 administered supplemental benefit under section 212(a) of Public Law
			 93-66.
(g) Receives an annuity
			 payment under Section 2(a)(1)(iv) of the Railroad Retirement Act of 1974 and is
			 determined to be eligible for Medicare by the Railroad Retirement
			 Board.
(h) Receives an annuity
			 payment under Section 2(a)(1)(v) of the Railroad Retirement Act of 1974 and
			 meets the disability criteria used under title XVI of the Social Security
			 Act.
(i) Receives VA benefits for
			 non-service or service connected disability rated or paid as total under title
			 38 of the United States Code.
(j)
			 Receives disability retirement benefits from a governmental agency because of a
			 disability considered permanent under section 221(i) of the Social Security
			 Act.
(k) Has a disability
			 considered permanent under 221(i) of the Social Security Act section and is the
			 surviving spouse or surviving child of a veteran and considered by the VA to be
			 entitled to compensation for a service-connected death or pension benefits for
			 a non-service connected death under title 38 of the United States
			 Code.
(l) Is a veteran or surviving
			 spouse of a veteran considered by the VA to be in need of Aid and Attendance
			 benefits or permanently housebound under title 38 of the United States
			 Code.
(m) Is a surviving child of a
			 veteran and considered permanently incapable of self support under title 38 of
			 the United States Code.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 1 - GENERAL DEFINITIONS AND RULEMAKING › Section 461-001-0025 - Definitions of Terms, Components, and Activities; JOBS, Pre-TANF, TANF

Current through Register Vol. 63, No. 7, July 1, 2024
In the JOBS, Pre-TANF, and TANF programs, the following
				definitions apply to rules in OAR chapter 461 unless the context indicates
				otherwise.
(1) "Activity" means an
			 action or set of actions to be taken by a participant, as specified in the
case plan
(see section (6) of this rule). An "activity" is
			 intended to reduce barriers and:
(a) Increase
			 the likelihood of self-sufficiency, employment, job retention, wage
			 enhancement, and financial independence; or
(b) Promote
family stability
(see OAR 461-001-0000).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 1 - GENERAL DEFINITIONS AND RULEMAKING › Section 461-001-0027 - Definitions of Terms, Components, and Activities; REF, REP

Current through Register Vol. 63, No. 7, July 1, 2024
In the REF and REP programs, the following definitions apply to
				rules in OAR chapter 461 unless the context indicates otherwise.
(1) "Activity" means an action or set of
			 actions to be taken by an individual, as specified in the
case
			 plan
(see section (6) of this rule). An "activity"is intended to
			 reduce barriers and:
(a) Increase the
			 likelihood of self-sufficiency, employment, job retention, wage enhancement,
			 and financial independence; or
(b)
			 Promote
family stability
(see OAR
			 461-001-0000).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 1 - GENERAL DEFINITIONS AND RULEMAKING › Section 461-001-0030 - Definitions; OSIPM Nursing Facility Services or Home and Community-Based Care

Current through Register Vol. 63, No. 7, July 1, 2024
These terms apply to rules in Chapter 461 about OSIPM nursing
				facility services and
home and community-based care
:
(1)
Community spouse
: An
			 individual who is
legally married
(see OAR
			 461-001-0000) to an
institutionalized spouse
(see section (5) of this rule) and
			 meets all of the following requirements:
(a)
			 The individual is not residing in the Oregon State Hospital, or its equivalent
			 if residing in another state.
(b)
			 The individual is not residing in an acute care hospital or nursing facility
			 for a
continuous period of care
(see section (2) of this
			 rule).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 1 - GENERAL DEFINITIONS AND RULEMAKING › Section 461-001-0035 - Definitions; OSIP-EPD and OSIPM-EPD

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to the rules of the OSIP-EPD
				and OSIPM-EPD programs in Chapter 461:
(1) "Approved account" refers to a segregated
			 account in a financial institution, the purpose of which is to save to use for
			 future disability-related expenses that would increase the individual's
			 independence and employment potential. Also included in this definition are
			 accounts regulated by the Internal Revenue Code and used for retirement
			 planning, such as IRAs, 401(k)s, TSAs, and KEOGHs.
(2) "Blind work expenses" (BWE) refer to
			 those costs defined by SSA that can be used as reductions to earned income as
			 defined in
			 20 CFR
			 416.1112(c)(8).
(3) "Disabled" or "has a disability" refers
			 to having a physical or mental impairment, or a combination of these
			 impairments, that meets the definition of disability used by SSA when
			 determining eligibility for Supplemental Security Income (SSI) and Social
			 Security Disability Insurance (SSDI) as defined in 20 CFR Part 404.
(4) "Disability determination" refers to the
			 process used to establish whether the individual's disability meets the
			 definitions used by SSA in determining eligibility for SSI and SSDI.
(5) "Employment" refers to an ongoing work
			 activity for which a client provides the Department with one of the following:
(a) Tax payments or filing for Federal
			 Insurance Contribution Act (FICA).
(b) Tax payments or filing for
			 Self-Employment Contributions Act (SECA).
(c) Clear and convincing evidence of
			 self-employment.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 25 - HEARINGS › Section 461-025-0300 - Contested Case Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 rules in division 25 of this chapter of rules apply to contested case hearings
			 of the Department authorized by OAR
			 461-025-0310(1).
			 The hearings are conducted in accordance with the Attorney General's model
			 rules at 137-003-0501 and following,
			 except to the extent that Department rules are permitted to and provide for
			 different procedures.
(a) The method
			 described in OAR 137-003-0520(11)
			 is used in computing any period of time prescribed in this division of
			 rules.
(b) In any contested case to
			 which this division of rules applies:
(A)
			 When a party or claimant is not represented by an attorney:
(i) Upon request of the party or claimant,
			 the Department provides work contact information - telephone number and address
			 - for any Department employees expected to testify at the hearing as witnesses,
			 except rebuttal witnesses.
(ii)
			 Except as provided in subparagraph (i) of this paragraph, the Department and
			 any party or claimant in the contested case are not required to provide the
			 telephone numbers and addresses of witnesses prior to the
			 hearing.
(B) The
			 Department does not provide the telephone number and addresses of a witness if
			 the Department has concerns that the release of the information may affect the
			 safety of the witness.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 25 - HEARINGS › Section 461-025-0301 - Lay Representation in Contested Case Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subject to the approval of the Attorney
			 General, an officer or employee of the Oregon Department of Human Services
			 (Department) is authorized to appear on behalf of the Department in the
			 following types of hearings conducted by the Office of Administrative Hearings:
(a) Public assistance, including but not
			 limited to eligibility for services available through a waiver or state plan or
			 other benefits, the level and amount of services or benefits, effective date,
			 and the termination, suspension, reduction, or denial of services or
			 benefits;
(b) Medical assistance,
			 including but not limited to eligibility for services available through a
			 waiver or state plan for medical assistance or other medical benefits, the
			 level and amount of services or benefits, effective date, prior authorizations,
			 medical management decisions, and the termination, suspension, reduction, or
			 denial of services or benefits;
(c)
			 Employment Related Day Care under the authority of Chapter 461, including child
			 care provider overpayments and intentional program violations;
(d) Eligibility for Supplemental Nutrition
			 Assistance Program (SNAP), the level and amount of benefits, effective date,
			 and the termination, suspension, reduction, or denial of benefits;
(e) Overpayments and intentional program
			 violations, related to public assistance or medical assistance, Employment
			 Related Day Care under the authority of Chapter 461, SNAP, waivered service
			 benefits or medical benefits or services;
(f) Provider enrollment or denial of
			 enrollment, provider overpayments, audits, and audit sanctions; and
(g) Estate administration hardship
			 waivers.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 25 - HEARINGS › Section 461-025-0305 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of this division of rules, the following
				definitions apply unless the context clearly indicates otherwise:
(1) "Claimant" means a person who has
			 requested a hearing or who is scheduled for an IPV hearing.
(2) "Department representative" or "Division
			 representative" means a person authorized by OAR
			 461-025-0300 to represent the
			 Department in the hearing.
(3)
			 "Good cause" means a circumstance beyond the control of the claimant and
			 claimant's representative.
(4) A
			 "request for hearing" is a clear expression, oral or written, by an individual
			 or representative that the person wishes to appeal a Department decision or
			 action or, in the SNAP program, wishes to have the decision considered by a
			 higher authority.
Stat. Auth.: ORS
				  411.060,
				  411.816 &
				  412.049
Stats. Implemented: ORS
				  411.060,
				  411.816 &
				  412.049
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 25 - HEARINGS › Section 461-025-0311 - Continuation of Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 rule explains who may receive continuing benefits until a final order is issued
			 in a contested case.
(2) Except as
			 provided otherwise in this rule, an individual who is entitled to a
continuing benefit decision notice
(see OAR
			 461-001-0000) or a
timely continuing benefit decision notice
(see OAR
			 461-001-0000) under a rule in
			 division 175 of this chapter of rules may, at the option of the individual,
			 receive continuing benefits, in the same manner and same amount, until a final
			 order resolves the contested case. To be entitled to continuing benefits, the
			 individual must complete a
request for hearing
(see OAR
			 461-025-0305) not later than the
			 later of:
(a) The tenth day following the
			 date of the notice; and
(b) The
			 effective date of the action proposed in the notice.