reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 35 - HEALTH INSURANCE PROGRAMS › Section 459-035-0000 - Policy and Goals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 health insurance plans of the Public Employees Retirement System (PERS) are
			 established and shall be administered as provided in ORS
			 238.410,
			 238.415,
			 238.420 and
			 238A.050. The Public Employees
			 Retirement Board (Board) may enter into one or more contracts with health
			 insurance carriers licensed to do business in the State of Oregon, or certified
			 in another state that is operating under the laws of that state, to obtain
			 health insurance coverage for eligible retirees, and their spouses or
			 dependents.
(2) Benefits shall be
			 provided under the Board's health insurance programs for eligible persons
			 through retiree contributions and any other available funding to cover the
			 Board's costs of health care coverage and administration under insurance
			 contract between the Board and insurance carriers.
Stat. Auth.: ORS
				  238.410, ORS
				  238.650 &
				  238A.450
Stats. Implemented: ORS
				  238.410,
				  238.415,
				  238.420 &
				  238A.050
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 35 - HEALTH INSURANCE PROGRAMS › Section 459-035-0001 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of this division:
(1) "Dependent" means a PERS member's or retiree's dependent child. For the purpose of this rule a "child" is defined as follows:
(a) A natural child.
(b) A legally adopted child, or a child placed in the home pending adoption.
(c) A step-child who resides in the household of the stepparent who is an eligible retired member.
(d) A grandchild, provided that at the time of birth, at least one of the grandchild's parents was covered under a PERS-sponsored health insurance plan as a dependent child of the PERS member or retiree and resides in the household of the member or retiree.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 35 - HEALTH INSURANCE PROGRAMS › Section 459-035-0010 - Standard Retiree Health Insurance Account

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 238.410(7)
			 establishes the Standard Retiree Health Insurance Account (SRHIA). The SRHIA
			 shall be used only for the purposes set forth in ORS
			 238.410(7).
(2) Upon receipt by PERS, all premium
			 payments as described in OAR 459-035-0090, shall be deposited in the
			 SRHIA.
(3) Funds in the SRHIA shall
			 be paid out only as follows:
(a) In accordance
			 with insurance carrier contracts, premiums charged by a carrier for eligible
			 persons' health insurance coverage, shall be paid to the carrier(s) from the
			 SRHIA.
(b) In accordance with
			 contract(s) entered into by the Board under ORS
			 238.410(6),
			 administrative costs incurred in administering the PERS health insurance
			 program shall be paid from the SRHIA.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 35 - HEALTH INSURANCE PROGRAMS › Section 459-035-0020 - Eligibility, General

Current through Register Vol. 63, No. 7, July 1, 2024
This rule describes the eligibility requirements for a person
				to be eligible to participate in a PERS-sponsored health insurance plan. An
				"eligible person" includes a retiree, a spouse, a dependent, a dependent
				domestic partner, and a surviving spouse or dependent. Each category of
				"eligible person" is defined as follows:
(1) A retiree as defined in OAR
			 459-035-0001(16).
(2) The spouse of
			 a retiree.
(3) A dependent means a
			 dependent child as defined in OAR 459-035-0001(3)  who satisfies one of the
			 following requirements:
(a) The child is less
			 than 26 years of age; or
(b) The
			 child is 26 years of age or more and has either been continuously dependent
			 upon the retiree since childhood due to disability or physical handicap, or has
			 been covered under a health care insurance plan as the retiree's dependent for
			 at least 24 consecutive months immediately before enrollment in a
			 PERS-sponsored health insurance plan. In either case, the following additional
			 requirements must also be satisfied:
(A) The
			 child is not able to achieve self-support through his or her work due to a
			 developmental disability, mental or physical handicap as verified by a
			 physician and accepted by the carrier; and
(B) The incapacity is continuous and began
			 before the date the child would otherwise have ceased to be an eligible
			 dependent.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 35 - HEALTH INSURANCE PROGRAMS › Section 459-035-0030 - Eligibility, Retirement Health Insurance Account

Current through Register Vol. 63, No. 7, July 1, 2024
This rule describes the requirements for an "eligible retired
				member" participating in a PERS-sponsored Medicare Companion Plan to be
				eligible for contributions from the RHIA toward the cost of premiums for that
				plan. The amount of the contribution is defined in OAR 459-035-0060.
(1) An "eligible retired member" includes the
			 following:
(a) A retired member of the Tier
			 One or Tier Two program who is enrolled in Parts A and B of Medicare and who:
(A) Is receiving a PERS service or disability
			 retirement allowance or benefit, and had eight or more years of qualifying
			 service at the time of retirement; or
(B) Is receiving a PERS disability retirement
			 allowance or benefit computed as if he or she had eight years or more of
			 creditable service.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 35 - HEALTH INSURANCE PROGRAMS › Section 459-035-0040 - Eligibility, Retiree Health Insurance Premium Account

Current through Register Vol. 63, No. 7, July 1, 2024
This rule describes the eligibility requirements for an
				"eligible retired state employee" participating in a PERS-sponsored health
				insurance plan, exclusive of dental coverage and long term care coverage, to be
				eligible for a contribution from the RHIPA toward the cost of premiums for that
				health insurance plan. The amount of the contribution is established in OAR
				459-035-0050.
(1) An "eligible retired
			 state employee" includes:
(a) A Tier One or
			 Tier Two member who is not eligible for Medicare, and whose PERS effective
			 retirement date is the first of the month following termination of state
			 employment, and who:
(A) Is receiving a PERS
			 service or disability retirement allowance or benefit, and had eight or more
			 years of qualifying service at the time of retirement; or
(B) Is receiving a PERS disability retirement
			 allowance computed as if the member had eight or more years of creditable
			 service, and has attained the earliest service retirement age.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 35 - HEALTH INSURANCE PROGRAMS › Section 459-035-0060 - Contribution Payment from Retirement Health Insurance Account for Eligible Retired Members Who Are Covered by Medicare

Current through Register Vol. 63, No. 7, July 1, 2024
This rule establishes the procedure for determining the amount
				of contribution that will be paid from the RHIA (ORS
				238.420) on behalf of an
				eligible retired member, as described in OAR 459-035-0030, who is enrolled in
				Parts A and B of Medicare.
(1) An
			 amount of $60 per month or the total monthly premium, whichever is less, shall
			 be paid from the RHIA on behalf of an eligible retired member enrolled in a
			 PERS-sponsored Medicare Companion Plan.
(2) No person eligible for a contribution
			 from the RHIA as provided for in this rule shall be entitled to a contribution
			 from the RHIPA.
Stat. Auth: ORS
				  238.650
Stats. Implemented: ORS
				  238.420
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 35 - HEALTH INSURANCE PROGRAMS › Section 459-035-0070 - Enrollment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Enrollment
			 requirements of PERS-sponsored health insurance plans for eligible persons are
			 as follows:
(a) An eligible person must
			 complete all applicable parts of the PERS Health Insurance Program Enrollment
			 Request Form, and submit the form with all required supporting documents to the
			 Third Party Administrator prior to the requested effective date of enrollment.
			 The PERS Health Insurance Program Enrollment Request Form must:
(A) Indicate which plan is desired;
(B) List individually all dependents,
			 including the spouse, that are to be enrolled; and
(C) Have signatures of all members,
			 dependents over the age of 18, and spouses that are to be enrolled.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 35 - HEALTH INSURANCE PROGRAMS › Section 459-035-0080 - Effective Date of Coverage

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 an eligible person who enrolls in a PERS sponsored health insurance plan under
			 the provisions of OAR 459-035-0070, the effective date of coverage shall be the
			 first of the month following receipt of a completed PERS Medical & Dental
			 Insurance Application form but not before the date described as follows:
(a) For an eligible retiree, the latest of
			 the following dates:
(A) The effective date of
			 retirement if enrolled within 90 days of the effective date of
			 retirement;
(B) The termination
			 date of other group health insurance coverage;
(C) For a Medicare Companion Plan, the
			 effective date of enrollment in Parts A and B of Medicare; or
(D) The date specified in an announcement of
			 a plan change period or an open enrollment period, if applicable.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 35 - HEALTH INSURANCE PROGRAMS › Section 459-035-0090 - Retiree Health Insurance Premium Payment Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An eligible person who elects to
			 participate in a PERS-sponsored health insurance plan shall choose one of the
			 following methods for the payment of contributions for that coverage:
(a) The direct payment method by an
			 electronic transfer of the monthly contribution for the PERS-sponsored health
			 insurance plan from an eligible person's bank account to the Third Party
			 Administrator; or
(b) The direct
			 payment method by issuing a check or money order for the monthly contribution
			 for the PERS-sponsored health insurance plan to the Third Party Administrator;
			 or
(c) The pension deduction method
			 wherein PERS shall deduct the monthly contribution from the service or
			 disability retirement allowance or other benefit payable to the eligible person
			 and forward the contribution to the Standard Retiree Health Insurance Account.
(A) The total monthly contribution due shall
			 be deducted for the benefit option selected by the eligible person.
(B) If an eligible person's monthly PERS
			 benefits are not sufficient to cover the monthly contribution for the
			 PERS-sponsored health insurance plan, the deduction method may not be
			 used.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 35 - HEALTH INSURANCE PROGRAMS › Section 459-035-0100 - Employer Contributions for Retiree Health Insurance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each employer making contributions to the
			 RHIPA under OAR 459-0035-0050 or the RHIA under OAR 459-035-0060  shall, at the
			 time of making the contribution, designate whether the contribution is
			 allocable to the RHIPA or the RHIA.
(2) Any forfeitures of amounts deposited in
			 the RHIA or the RHIPA shall be used to pay the administrative expenses of the
			 health insurance program or to reduce employer contributions to the RHIA and
			 RHIPA on an equitable basis as determined by the Board.
Stat. Auth.: ORS
				  238.410 & ORS
				  238.650
Stats. Implemented: ORS
				  238.410, ORS
				  238.415 & ORS
				  238.420
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 35 - HEALTH INSURANCE PROGRAMS › Section 459-035-0150 - Continuation of Insurance Coverage Under COBRA

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule relates to the continuation of
			 PERS-sponsored health insurance coverage under the federal Consolidated Omnibus
			 Budget Reconciliation Act of 1985, as amended (COBRA) and ORS
			 743.600 to
			 743.602. PERS-sponsored health
			 insurance plans shall provide for continuation of coverage to the extent
			 required by COBRA and ORS
			 743.600 to
			 743.602. Nothing in this rule is
			 intended to expand any person's continuation coverage rights under those
			 provisions or any other applicable provision of law.
(2) Any person who is on continuation of
			 coverage under COBRA and/or ORS
			 743.600 to
			 743.602 shall pay the entire
			 premium for that coverage and shall not be entitled to any contributions from
			 the RHIA or RHIPA. Premium payment shall be made only by check or money order,
			 and the check or money order must be physically received by the Third Party
			 Administrator on or before the due date. Subject to the grace periods required
			 by COBRA, failure to make the premium payment by the due date shall result in
			 termination of a person continuation coverage.
Stat. Auth.: ORS
				  238.410 &
				  238.650
Stats. Implemented:
				  238.410
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 40 - JUDGE MEMBER PROGRAM › Section 459-040-0001 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The words and phrases used in this Division have the same
				meaning given them in ORS Chapter 238, particularly as defined in ORS
				238.500 to
				238.585. Additional terms are
				defined as follows unless context requires otherwise:
(1) Former spouse" means a person whose
			 spousal relationship with the judge member terminated before the date of the
			 judge member's death.
(2) "Life
			 pension" means an allowance paid monthly for:
(a) The life of a retired judge member as
			 either a service or disability retirement allowance, as described in ORS
			 238.535 and
			 238.555;
(b) The life of a surviving spouse of a
			 deceased judge member or a deceased retired judge member as described in ORS
			 238.565; or
(c) The life of a former spouse of a deceased
			 judge member or a deceased retired judge member as described in ORS
			 238.565.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 40 - JUDGE MEMBER PROGRAM › Section 459-040-0010 - General Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 person younger than age 72 becomes a judge member on the date that the person
			 takes office as a judge. A judge member does not serve a waiting
			 period.
(2) A judge member may
			 retire under:
(a) Plan A, as provided in OAR
			 459-040-0030; or
(b) Plan B, as
			 provided in OAR 459-040-0040.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 40 - JUDGE MEMBER PROGRAM › Section 459-040-0020 - Judge Member Disability Retirement

Current through Register Vol. 63, No. 7, July 1, 2024
A judge member who meets the requirements of ORS
				238.555 may apply for disability
				retirement. The provisions of OAR Chapter 459, Division 15 apply to judge
				member disability retirement with the following exceptions:
(1) The terms "member" and "employee member"
			 in Division 15 mean a judge member as defined in ORS
			 238.500.
(2) "Normal retirement age" means the age at
			 which a judge member may retire without a reduced benefit as set forth under
			 ORS 238.535.
(3) A judge member must have six years of
			 service as a judge member to be eligible for non-duty disability
			 retirement.
(4) If a judge member
			 meets the eligibility criteria for disability retirement, the member's
			 disability retirement allowance shall be based on creditable service time as
			 though the member had continuously worked as a judge pursuant to ORS
			 238.555(1) or
			 (2).
(5) Former PERS judge members who have
			 terminated membership through a withdrawal under ORS
			 238.545 are not eligible to
			 receive PERS disability retirement allowances.
Stat. Auth: ORS
				  238.650
Stats. Implemented: ORS
				  238.555
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 40 - JUDGE MEMBER PROGRAM › Section 459-040-0030 - Plan A Service Retirement Allowance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Plan A service retirement allowance
			 is a life pension calculated in accordance with ORS
			 238.535(1)(a).
(2) A judge member is not eligible to receive
			 a service retirement allowance under Plan A before the judge member turns age
			 60.
(3) A judge member may retire
			 under Plan A upon written application on a form furnished by PERS:
(a) At age 65 or thereafter with an unreduced
			 service retirement allowance.
(b)
			 At or after age 60 but before age 65, with an actuarially reduced service
			 retirement allowance. The service retirement allowance shall be reduced by 8%
			 for each full year and 8% prorated for each partial year the effective
			 retirement date precedes the date the judge member attains age 65.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 40 - JUDGE MEMBER PROGRAM › Section 459-040-0040 - Plan B Service Retirement Allowance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Plan B service retirement allowance
			 is a life pension calculated in accordance with ORS
			 238.535(1)(b).
(2) A judge member is not eligible to receive
			 a service retirement allowance under Plan B before age 60.
(3) A judge member may retire under Plan B at
			 age 60 or thereafter upon written application on forms furnished by
			 PERS.
(4) A judge member who
			 retires under Plan B must serve as a pro-tem judge for 35 days per calendar
			 year for five years following the judge member's retirement date. Days of
			 service in excess of 35 days in a calendar year may be carried over and applied
			 to the pro tem service obligation in future years. Appointment and service as a
			 pro-tem judge is administered by the Office of the State Court Administrator
			 under rules adopted by order of the Chief Justice of the Oregon Supreme
			 Court.
(5) If a judge member,
			 retiring at age 70 or thereafter, was formerly contributing to the Judges'
			 Retirement Fund and established membership in PERS pursuant to ORS
			 237.215(3)
			 (1989 Edition), the judge member shall be entitled to a service retirement
			 allowance as provided for in ORS
			 238.535(4).
Stat. Auth: ORS
				  238.650
Stats. Implemented: ORS
				  238.535
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 40 - JUDGE MEMBER PROGRAM › Section 459-040-0050 - Variable Annuity Adjustments for Judge Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A judge member may have elected to have a
			 portion of the judge member's contributions paid into the Variable Annuity
			 Account in the Fund as provided in ORS
			 238.260(3)
			 before June 30, 2003. A judge member who was participating in the Variable
			 Annuity Account on that date may continue to make contributions to the Variable
			 Annuity Account for service as a judge member performed on or after January 1,
			 2004.
(2) The retirement allowance
			 of a judge member with a variable account, whether receiving a service or
			 disability retirement, shall be adjusted in accordance with ORS
			 238.260(12).
			 The adjustment may result in a benefit greater than 75% of final average
			 salary.
(3) A retiring judge member
			 participating in the Variable Annuity Account must elect at retirement to
			 transfer the variable account balance to the judge member's regular account in
			 the fund, as of the effective date of retirement under the provisions of ORS
			 238.260(9), or
			 to maintain an account in the Variable Annuity Account under the provisions of
			 ORS 238.260(10) and
			 (11).
(4) A judge member who meets the criteria of
			 ORS 238.260(14)(a)
			 may elect at any time before retirement to make a one-time transfer of the
			 balance of the judge member's variable account to the judge member's regular
			 account in accordance with ORS
			 238.260(14).
Stat. Auth: ORS
				  238.650
Stats. Implemented: ORS
				  238.260 & OL 2003 Ch. 625,
				  Sec.19
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 40 - JUDGE MEMBER PROGRAM › Section 459-040-0060 - Judge Member Death Before Retirement

Current through Register Vol. 63, No. 7, July 1, 2024
If a judge member dies before retiring, benefits shall be
				distributed and calculated as follows:
(1) For a surviving spouse:
(a) If the judge member has six or more years
			 of service as a judge and the judge member is not an inactive judge member
			 performing pro tem service under the provisions of ORS
			 238.545(4), the
			 surviving spouse shall receive a life pension equal to two-thirds of the
			 retirement allowance the judge member would have received under Plan A, had the
			 judge member retired on the date of death.
(b) If the judge member has six or more years
			 of service as a judge and the judge member is an inactive judge member
			 performing pro tem service under the provisions of ORS
			 238.545(4) at
			 the time of death, the surviving spouse shall receive a life pension equal to
			 two-thirds of the service retirement allowance the judge member would have
			 received under Plan B, had the judge member retired on the date of death.
(c) If the judge member has less
			 than six years of service as a judge, the surviving spouse shall receive a lump
			 sum payment equal to the amount credited to the judge member account in the
			 Fund on the first of the month following the date of death.
(d) If a surviving spouse receiving a life
			 pension under this section dies and the total amount of pension payments
			 received by the surviving spouse is less than the amount that had been credited
			 to the deceased judge member's account as of the date of death of the judge
			 member, the designated beneficiary or beneficiaries of the judge member shall
			 receive a lump sum payment equal to the remainder.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 40 - JUDGE MEMBER PROGRAM › Section 459-040-0070 - Judge Member Death After Retirement

Current through Register Vol. 63, No. 7, July 1, 2024
If a judge member dies after the effective retirement date,
				benefits shall be distributed and calculated as follows:
(1) Surviving Spouse Standard Two-thirds
			 Benefit. The surviving spouse of a judge member shall receive a life pension
			 equal to two-thirds of the service retirement allowance the judge member is
			 receiving or is entitled to receive on the date of death.
(2) Additional benefit for surviving spouse.
			 The surviving spouse may be entitled to an addition to the pension described in
			 section (1) of this rule if:
(a) The judge
			 member selected a reduced retirement allowance under ORS
			 238.565(4); and
(b) The surviving spouse is the
			 spouse of record on the effective date of retirement.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 40 - JUDGE MEMBER PROGRAM › Section 459-040-0080 - Required Minimum Distribution of Judge Member Death Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon the death
			 of a judge member, the required minimum distribution(s) to a surviving spouse
			 and/or to a beneficiary of the deceased judge member shall be made in
			 accordance with OAR 459-005-0560. For the purposes of this rule, a former
			 spouse is a non-spouse beneficiary of the deceased judge member.
(2) A lump sum distribution of death benefits
			 of a deceased judge member may be eligible for a rollover in accordance with
			 OAR 459-005-0590  to 459-005-0599.
Stat. Auth: ORS
				  238.650
Stats. Implemented: ORS
				  238.565
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 45 - DOMESTIC RELATIONS ORDERS › Section 459-045-0001 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The words and phrases used in this division have the same
				meaning given them in ORS Chapters 238 and 238A. Specific and additional terms
				for purposes of this division are defined as follows unless context requires
				otherwise.
(1) "Administrable" means
			 that the language in a final court order that outlines an alternate payee award
			 can be administered within the provisions of ORS Chapters 238, 238A, and this
			 division.
(2) "Alternate payee"
			 means the recipient of an award of a portion or all of a PERS member's
			 account(s) or benefits as provided for in the terms of any judgment of
			 annulment, dissolution of marriage, dissolution of registered domestic
			 partnership, or separation, or the terms of any court order or court-approved
			 property settlement agreement incident to any judgment of annulment,
			 dissolution of marriage, dissolution of registered domestic partnership, or
			 separation.
(3) "Alternate payee
			 account" means a court-ordered separate account created under ORS
			 238.465 in the name of an
			 alternate payee.
(4) "Alternate
			 payee release" means a written statement that is signed by the alternate payee
			 and received by PERS authorizing the release of information, and directing to
			 whom and where the information is to be sent pertaining to:
(a) The alternate payee's interest in the
			 member's account(s) or member's vested interest in the Fund;
(b) The alternate payee's account and benefit
			 information if a separate account has been created in the name of the alternate
			 payee;
(c) Benefit information
			 applicable to either subsection (a) or (b) of this section; and
(d) Award information contained in any draft
			 or final court order in regard to the alternate payee on record with
			 PERS.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 45 - DOMESTIC RELATIONS ORDERS › Section 459-045-0010 - Tier One/Tier Two Division of Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A final court order that provides for a
			 division of benefits must use a method described in this rule.
(a) The method must be identified on PERS
			 divorce forms.
(b) The PERS
			 divorce forms must be attached as exhibits to the court order, and incorporated
			 by reference in the court order.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 45 - DOMESTIC RELATIONS ORDERS › Section 459-045-0012 - OPSRP Pension Program Division of Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A final court order that provides for a
			 division of pension benefits or disability benefits must use a method described
			 in this rule.
(a) The method must be
			 identified on PERS divorce forms.
(b) The PERS divorce forms must be attached
			 as exhibits to the court order, and incorporated by reference in the court
			 order.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 45 - DOMESTIC RELATIONS ORDERS › Section 459-045-0014 - Individual Account Program (IAP) Division of Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A final court order that provides for a
			 division of benefits must use a method described in this rule.
(a) The method must be identified on PERS
			 divorce forms.
(b) The PERS divorce
			 forms must be attached as exhibits to the court order, and incorporated by
			 reference in the court order.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 45 - DOMESTIC RELATIONS ORDERS › Section 459-045-0020 - Court Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A final
			 court order must be received by PERS and approved as administrable before an
			 alternate payee award can be established.
(a)
			 PERS shall provide a written response as to whether a final court order is
			 administrable to the member, the alternate payee, and their
			 attorneys.
(b) Award information
			 shall be provided to attorneys or other representatives of a member or an
			 alternate payee only if a member release or an alternate payee release has been
			 received by PERS.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 45 - DOMESTIC RELATIONS ORDERS › Section 459-045-0030 - General Administration for Chapter 238 Tier One/Tier Two

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Alternate payee
			 account.
(a) A percentage award will be
			 applied against the member's regular account and if applicable, Variable
			 Annuity Account. A dollar award will be applied proportionately against the
			 member's regular account and if applicable, Variable Annuity Account.
(A) Once the amount of an alternate payee's
			 award is determined, funds will be transferred to an alternate payee
			 account.
(B) An alternate payee may
			 not participate in the Variable Annuity Account program.
(C) Earnings and losses on the alternate
			 payee's account will be based on regular account earning rates in accordance
			 with OAR chapter 459, division 007 after the transfer.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 45 - DOMESTIC RELATIONS ORDERS › Section 459-045-0032 - General Administration for OPSRP Pension Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a retired member changes the
			 beneficiary designation pursuant to a final court order, the member's monthly
			 benefit must be recalculated.
(a) The benefit
			 recalculation shall be effective the first of the month after the month in
			 which PERS receives a written request from the member to change
			 beneficiary.
(b) The request must
			 provide the full name, a copy of proof of birth, and the relationship of the
			 new beneficiary to the member.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 45 - DOMESTIC RELATIONS ORDERS › Section 459-045-0034 - General Administration for Individual Account Program (IAP)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A percentage
			 award will be applied against the member's account(s) to the extent the member
			 is vested in the account(s). A dollar amount will be applied on a pro-rata
			 basis against the member's account(s) to the extent the member is vested in the
			 account(s).
(2) An alternate payee
			 account shall be credited with earnings and losses in accordance with OAR
			 chapter 459, division 007.
(3)
			 Employee Pension Stability Accounts are accounts under the IAP and are not
			 independently awardable in a divorce proceeding. Any EPSA excess, as defined in
			 459-005-0001, will be paid to the member, beneficiary, and/or alternate payee
			 in the same proportion as the IAP division of benefits.
(4)
(a) At
			 the time of distribution to the alternate payee, PERS shall provide the
			 alternate payee a written summary of the information used in making the
			 calculation for the distribution of benefits. An alternate payee may dispute
			 the accuracy of the information used in making the calculation of the
			 distribution of benefits by filing a written notice with PERS by the later of:
(A) The 30th day after the date on which the
			 information and calculation is provided to the alternate payee under this
			 section; or
(B) The 30th day after
			 the issue date of the first distribution of benefits to the alternate
			 payee.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 45 - DOMESTIC RELATIONS ORDERS › Section 459-045-0040 - Requesting Information from PERS

Current through Register Vol. 63, No. 7, July 1, 2024
(1) PERS may not provide member information
			 or alternate payee information to anyone other then the member or alternate
			 payee respectively, including representatives of the member or alternate payee,
			 unless PERS receives:
(a) A member
			 release.
(b) An alternate payee
			 release.
(c) A judicial order,
			 subpoena, or administrative order pursuant to OAR 459-060-0030.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 45 - DOMESTIC RELATIONS ORDERS › Section 459-045-0050 - Filing Requirements For Alternate Payees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An alternate payee must apply for
			 benefits on PERS forms.
(2) An
			 application for benefits must be accompanied by a final court order that is
			 administrable by PERS, unless an administrable final court order is already on
			 file with PERS.
(3)
(a) An alternate payee's effective retirement
			 date is the later of:
(A) The first day of
			 the calendar month specified on the alternate payee's retirement application;
			 or
(B) The first day of the
			 calendar month following the date an application was received by
			 PERS.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 45 - DOMESTIC RELATIONS ORDERS › Section 459-045-0060 - General Rules for Calculating Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If an alternate payee award is a reduction and the alternate payee elects to begin receiving their benefit before the member retires, the calculation of the alternate payee benefit:
(a) Must use creditable service or retirement credit accrued by the member as of the alternate payee's effective retirement date.
(b) May not include any potential increase attributable to unused sick leave under ORS 238.350 or voluntary purchases of retirement credit.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 45 - DOMESTIC RELATIONS ORDERS › Section 459-045-0070 - Precedence for Benefit Payment Reductions or Deductions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The order of priority when the alternate
			 payee award is a reduction of a member's benefit payment is as follows:
(a) Adjustment for payments to be made from
			 the Benefit Equalization Fund as established under ORS
			 238.485.
(b) Withholding for an alternate payee
			 benefit payment.
(c) Withholding
			 for an overpayment or erroneous payment of benefit.
(d) Withholding for federal and state income
			 taxes, and other current taxes.
(e) Withholding in response to support liens
			 in accordance with ORS
			 238.445.
(f) Withholding in response to Internal
			 Revenue Service (IRS) liens.
(g)
			 Withholding due to other administrable court orders.
(h) Withholding for a premium payment of a
			 PERS-sponsored health insurance plan.
(i) Other voluntary withholdings authorized
			 by the Board and elected by the member or beneficiary of the member.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 45 - DOMESTIC RELATIONS ORDERS › Section 459-045-0080 - PERS Notifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) PERS is separate from other public employer retirement plans and deferred compensation plans, and notification to other plans does not constitute notice to PERS. PERS is not responsible for notifying other plans of member or alternate payee changes in address, changes in eligibility, application for benefits, or death.
(2) PERS shall send a written notification acknowledging receipt of a final court order to the submitting party. PERS shall send a copy of the acknowledgment to the other persons named in the court order only if those persons' mailing addresses are provided to PERS.
(3) PERS will notify an alternate payee of an event described in ORS 238.465(2)(a)(B), unless the alternate payee has already commenced receiving alternate payee benefits.
(4) PERS shall issue the applicable tax reporting forms directly to the recipient of any funds that are issued by PERS pursuant to a final court order.
(5) PERS shall notify the member or the alternate payee, or both, of any benefit payments that are reduced by PERS pursuant to Section  415 of the Internal Revenue Code.
Stat. Auth.: ORS
				  238.465,
				  238.650 &
				  238A.450
Stats. Implemented: ORS
				  238.465
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 45 - DOMESTIC RELATIONS ORDERS › Section 459-045-0090 - PERS Administrative Fee

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An administrative fee is assessed by PERS for obtaining data and making
			 calculations to administer court-ordered alternate payee awards under ORS
			 238.465 in the name of an
			 alternate payee.
(2) Pursuant to
			 the provisions of ORS
			 238.465(9), the
			 board may not charge more than $1,300 for calendar year 2024 for the total
			 administrative expenses and related costs incurred in administering
			 court-ordered alternate payee awards. This fee is allocated between the member
			 and the alternate payee based on the fraction of the benefit received by the
			 member or the alternate payee.
(3)
			 The fee to be assessed by the board shall be determined by the estimated
			 administrative cost of implementing the court order based on a percentage of
			 the fee threshold (rounded to the nearest dollar), as set forth below:
(a) Low Administrative Cost Tier: Set at 50%
			 of the maximum allowable administrative fee and is $650 for calendar year
			 2024.
(b) Moderate Administrative
			 Cost Tier: Set at 75% of the maximum allowable administrative fee and is $975
			 for calendar year 2024.
(c) High
			 Administrative Cost Tier: Set at 100% of the maximum allowable administrative
			 fee and is $1,300 for calendar year 2024.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 50 - DEFERRED COMPENSATION › Section 459-050-0000 - Purpose and Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Deferred Compensation Program is established within PERS for the administration of deferred compensation plans under ORS 243.401 to 243.507 pursuant to Section 457 and Section  402A of the Internal Revenue Code.
(2) In accordance with ORS 243.435, the Deferred Compensation Program shall be administered by the Public Employees Retirement Board (Board), and under the policies established by the Board. Such policies are limited to all technical and administrative aspects of the program management, but may not include investment policy for and the investment of the Deferred Compensation Fund.
(3) In accordance with ORS 243.421, Oregon Investment Council (OIC) shall establish and maintain an investment program and policies for the state deferred compensation moneys consistent with the requirement of ORS 293.701 to 293.820, and to the extent practicable the needs of the Deferred Compensation Program.
(4) Because the duties and powers of the Board and the OIC with respect to the Deferred Compensation Program are complementary, there is a need for coordination and cooperation between the two agencies.
Stat. Auth: ORS
				  243.470
Stats. Implemented: ORS
				  243.401 -
				  243.507
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 50 - DEFERRED COMPENSATION › Section 459-050-0001 - 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 243.401-243.507 and ORS 293.701-293.820. Specific and additional terms are defined as follows unless the context requires otherwise.
(1) "Advisory Committee" means the committee established pursuant to ORS 243.505 and appointed by the Board.
(2) "Alternate Payee" shall have the same meaning as provided in ORS 243.507(9)(a).
(3) "Alternate Payee Account" means a separate account created under ORS 243.507 in the name of an alternate payee pursuant to a court order.
(4) "Alternate Payee's Award" is the portion of a participant's Deferred Compensation Account, Designated Roth Account, or a combination of both, awarded to an alternate payee by a court order, and includes the creation of separate account(s) in the fund in the name of the alternate payee.
(5) "Alternate Payee Release" means a written statement signed by the alternate payee and received by the Deferred Compensation Program. An alternate payee release may pertain to any of the matters set forth in subsections (5)(a) through (5)(c) of this rule, may authorize the release of information, and direct the Deferred Compensation Program to send information to a named person at a specified address.
(a) Pertaining to the alternate payee's interest in the participant's Deferred Compensation Account and the Designated Roth Account;
(b) Pertaining to the alternate payee's account(s) and distribution(s) if separate account(s) have been created in the name of the alternate payee; or
(c) Pertaining to award information contained in any draft or final court order in regard to the alternate payee on record with the Deferred Compensation Program.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 50 - DEFERRED COMPENSATION › Section 459-050-0005 - Policy and Goals of Deferred Compensation Program

Current through Register Vol. 63, No. 7, July 1, 2024
The Deferred Compensation Program shall be administered to
				provide the maximum opportunity for eligible employees to participate in a
				deferred compensation plan which allows participants to defer a portion of
				their compensation until a time when the participant seeks to withdraw the
				funds as a supplement to the participant's other retirement and pension
				benefits. To this end, the Program shall:
(1) Establish and administer an effective and
			 efficient program of administration, either directly, or by contract, that
			 provides for billing service, participant enrollment services, participant
			 accounts, data processing, record keeping and other related services, and which
			 gives due consideration not only to the services provided but also the cost to
			 the participants;
(2) Provide
			 eligible employees, before their participation in a deferred compensation plan
			 under the Program, with a written disclosure statement that contains, for that
			 plan, all of the relevant information, including the probable income and
			 probable safety of the moneys deferred;
(3) Offer general education to participants
			 on how to make personally-based investment choices based on their preferences
			 of the investment options available through the investment program;
(4) Permit eligible employees who participate
			 in a deferred compensation plan to make changes, when permitted by law and the
			 deferred compensation investment program, to withdraw the deferred compensation
			 and any earnings on deposit, and, when eligible under a plan, to select and
			 transfer those funds to other accounts or annuity instruments;
(5) Identify the expressed desires of the
			 diverse group of eligible employees who are deferring compensation until
			 retirement, consistent with the statutory requirements of the Program and
			 communicate those investment needs to the OIC; and
(6) Provide cooperation with and assistance
			 to the OIC and staff of the State Treasurer in structuring, monitoring, and
			 revising an investment program that reasonably meets the needs of eligible
			 employees.
Stat. Auth: ORS
				  243.470
Stats. Implemented: ORS
				  243.401 -
				  243.507
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 50 - DEFERRED COMPENSATION › Section 459-050-0025 - Deferred Compensation Advisory Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The seven members of the Deferred
			 Compensation Advisory Committee provided for under ORS
			 243.505,
			 shall be subject to the following qualifications and limitations:
(a) Each member shall be a participant in a
			 deferred compensation plan established under ORS
			 243.401 to
			 243.507,
			 and shall have knowledge of the Program.
(b) Four members shall be participants in the
			 state deferred compensation plan.
(c) Two members shall be participants in a
			 local government deferred compensation plan.
(d) One member shall be a retired deferred
			 compensation plan participant.
(e)
			 No two members may be employed by the same state agency or local government
			 except that a member who transfers employment to the employer of another member
			 may continue to serve on the Advisory Committee, but only for the balance of
			 the term of appointment of the transferring member.
(f) No member may serve more than two
			 consecutive full terms.
(g) No
			 member may be an employee of PERS during the term of appointment.
Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 50 - DEFERRED COMPENSATION › Section 459-050-0030 - Deferred Compensation Manager

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Deferred Compensation Manager (Manager) shall administer the Deferred
			 Compensation Program (Program) established pursuant to ORS
			 243.401 to
			 243.507 consistent with the laws and administrative rules applicable thereto and on the
			 best possible basis with relation to both the welfare of eligible employees and
			 the State of Oregon. To this end, the Manager may contract for services
			 necessary to the administration of the Program, either independently or in a
			 joint agreement with the OIC or the Oregon State Treasurer.
(2) The Manager shall prepare and maintain
			 standard forms necessary to the administration of the Program.
(3) The Manager shall provide forms and
			 procedures for promptly communicating participating employee requests for
			 deferral of compensation to the appropriate public officers.
(4) The Manager shall provide forms and
			 procedures for promptly communicating employees' requests for types of
			 investment or deposit of funds to the investments record keeper for each
			 investment option selected.
(5) The
			 Manager shall provide for settlement agreement with employees participating in
			 the deferred compensation program that provides for distributions to those
			 employees or their designated beneficiaries, upon conditions which are
			 consistent with maintaining the tax exempt status of the Program.
(6) The Manager shall approve or deny all
			 applications for a financial hardship distribution as provided in OAR
			 459-050-0150.
(7) The Manager shall
			 select members of the Financial Hardship Committee established under OAR
			 459-050-0040.
(8) The Manager shall
			 obtain disclosure statements concerning the probable safety and probable return
			 of investment of deferred compensation funds for distribution to participants.
			 These disclosure statements shall be given to all employees expressing interest
			 in participating in the deferred compensation program or in changing
			 investments under the Program and shall include, at a minimum:
(a) The probable income and probable safety
			 of the monies deferred, based upon the historical performance of the investment
			 option; and
(b) The fees and costs
			 associated with each investment option or plan, including related
			 administrative costs, insofar as the information is known.