Oregon Administrative Code

441-930-0070 Examination of Master Trustee (1) Each master trustee that is or should be registered may be subject to an annual examination by the director. The director may, conduct an examination at the office of the master trustee or at the office of the director. The examinati…

441-930-0080 Master Trustee Rules of Conduct (1) A master trustee is a fiduciary and has a duty to act solely for the benefit of purchasers of prearrangement sales contracts. (2) The fees to be charged shall be described in a written agreement between the master trustee and each …

441-930-0085 Calculation of Trust Fund Deposit Earnings If a master trustee elects to pay administrative fees and expenses, as described in ORS 97.943(9), from earnings on trust fund deposits for administrative fees, the master trustee or the certified provider shall calculate th…

441-930-0210 Application for Certification (1) Each entity desiring to obtain a certification shall apply by submitting a written application with the director. (2) An application must contain the following on or with a form prescribed by the director: (a) A list of all officers,…

441-930-0220 Renewal Procedure Submission of the annual report pursuant to OAR 441-930-0250 and the fees pursuant to 441-930-0270 shall constitute renewal of the application for certification. Statutory/Other Authority: ORS 97.926 & 97.933 Statutes/Other Implemented: ORS 97.933 H…

441-930-0230 Material Changes, Notice of Civil and Criminal Actions A certified provider must provide information to the director within 30 days of a material change to any information contained in the original application or any documents submitted with or as a part of the appli…

441-930-0240 When Application Deemed Abandoned (1) For purposes of this rule, the term "application" includes all documents, information and fees prescribed for a certified provider as set forth in ORS 97.923 to 97.949, OAR 441-930-0030, 441-930-0210 and 441-930-0270. (2) An appl…

441-930-0250 Annual Report Each certified provider is responsible for and shall file an annual report with the director by April 1 of each year on forms provided by the director. The report shall cover the preceding calendar year and shall include: (1) The actual value at of all …

441-930-0255 Reporting by Limited Operations Certified Provider A limited operations certified provider must report the following activities to the director within 15 days of the occurrence: (1) Transfer of any contract to another certified provider; or (2) Sale of any new prearr…

441-930-0260 Examination of Certified Providers (1) Each provider that is or should be certified is subject to an examination by the director. The director may conduct an examination of the condition and resources, including a review of the sales contracts used by the certified p…

441-930-0267 Irrevocable Prearrangement Sales Contracts (1) Certified providers may only issue an irrevocable prearrangement sales contract in limited circumstances. The certified provider must receive proof from the purchaser or beneficiary that the beneficiary of the trust is: …

441-930-0270 Fees Assessed to Certified Providers and Registered Master Trustees The director shall annually assess the following fees for each registered master trustee, certified provider, or applicant: (1) Certification Fee — $390 per certified provider. Each location is a sep…

441-930-0290 Unprofessional Conduct An entity engaging in the following conduct is subject to probation, suspension, revocation, or denial of a certification or registration and assessment of a civil penalty pursuant to ORS 97.948 and OAR 441-930-0310: (1) Furnishing false or mis…

441-930-0300 Notice of Complaint (1) Each certified provider and each master trustee who has filed a complaint against any of its partners, officers, or directors, or, associated persons located in Oregon, with any law enforcement agency, any other regulatory agency with jurisdic…

441-930-0310 Revocation, Suspension and Denial of Certificate or Registration The director may impose a civil penalty or probation, or revoke, suspend, or deny a certification of a certified provider or a registration of a master trustee when one or more of the following conditio…

441-930-0320 Notice Requirements (1) The director shall provide written notice to the certified provider, master trustee, or applicant and to the State Mortuary and Cemetery Board of the director's intent to impose discipline pursuant to ORS 97.936, 97.948, or to deny an applicat…

441-930-0330 Records to be Retained (1) Each certified provider and master trustee shall maintain records to document the balances and transactions included in its annual report filed pursuant to OAR 441-930- 0068 and 441-930-0250 and shall retain these records for examination by…

441-930-0350 Funeral and Cemetery Consumer Protection Trust Fund (1) The director shall order restitution from the Funeral and Cemetery Consumer Protection Trust Fund when the following conditions are met: (a) A claim for restitution is submitted to the director on forms supplied…

441-930-0360 Surety Bond Requirements for Endowment Care Cemeteries (1) If a surety bond is revoked, or otherwise terminated, the endowment care cemetery must immediately file a replacement bond. Failure to send the notice at least 30 days in advance will not preclude the endowme…

459-001-0000 Notice of Proposed Rule Prior to adoption, amendment or repeal of any permanent rule, the Public Employees Retirement System (PERS) shall give notice of the intended action: (1) In the Secretary of State’s Bulletin referred to in ORS 183.360, at least 21 days before …

459-001-0005 Model Rules of Procedure The Attorney General’s Model Rules of Procedure under the Administrative Procedures Act, as adopted and effective January 31, 2012, are adopted as rules of procedure of the Public Employees Retirement Board, except as modified by other rules …

459-001-0015 Conduct of Meetings of the Board (1) Meetings of the Board shall be conducted by and shall be under the control of the Chair of the Board. In the Chair's absence, the Vice Chair shall preside. In the absence of both the Chair and the Vice Chair, the Board shall desig…

459-001-0025 Delegation to Director and Staff (1) The Director is hereby authorized to take all action necessary or desirable to administer the system including but not limited to: (a) Design application and other forms; (b) Act on any application for refund of contributions; cre…

459-001-0030 Review of Staff Actions and Determinations Regarding Persons (1) For purposes of this rule, “Director” means the executive director of PERS, or an administrator appointed by the executive director. (2) Request for review. Any person may file with the Director a reque…

459-001-0032 Review of Staff Actions and Determinations Regarding Public Employers (1) For purposes of this rule, “Director” means the executive director of PERS, or an administrator appointed by the executive director. (2) Request for review. Any public employer may file with th…

459-001-0035 Contested Case Hearing (1) Request for a contested case hearing. To obtain review of any determination made under OAR 459-001-0030 or 459-001-0032 for which a contested case hearing has not been held, the party must file with the Board a request for a contested case …

459-001-0040 Petitions for Reconsideration (1) Petition for reconsideration. Before initiating any judicial review of a final order in a contested case, a party may file with the Board a petition for reconsideration. If the party chooses to file a petition, it must be filed withi…

459-001-0090 Statement of Intention and Understanding Unless specifically expressed to the contrary, no rule adopted by the Board, nor the amendment or revocation of an existing rule, after the effective date of this rule is intended to or shall be construed or relied upon to cre…

459-005-0001 Definitions, Generally The words and phrases used in OAR Chapter 459 have the same meaning given them in ORS Chapters 237, 238, 238A, and 243 unless otherwise indicated. Specific and additional terms used in OAR Chapter 459 generally are defined as follows unless con…

459-005-0005 Amendments to Retirement Law (1) Any changes in benefit calculation or any benefit enhancement established by legislative amendment that affects the Public Employees Retirement System shall apply to members or their beneficiaries, or alternate payees or their benefic…

459-005-0010 Public Employees Retirement Fund, A Trust (1) The purpose of ORS 238.660 is to ensure that the Public Employees Retirement Fund (PERF) is for the exclusive benefit of PERS members and the members' beneficiaries. If any other provision of an OAR imposes a requirement …

459-005-0012 Membership of Academic Employees of Community College and Public Universities (1) For purposes of this rule, an “academic employee” of a community college or a public university means an instructor who teaches classes offered for college-approved credit, or on a non-…

459-005-0015 Leave of Absence without pay. (1) For purposes of this rule: (a) “Major fraction of a month” means more than one-half of the total calendar days in a calendar month; (b) “The period of time when school is not normally in session” means the period of time outside the …

459-005-0020 Determination of Employee Status (1) Definitions. For purposes of this rule: (a) “Employee” means: (A) For a Tier One or Tier Two member, an individual who meets the definition of “employee” provided in ORS 238.005 and OAR 459-005-0001(14), and includes an individual…

459-005-0025 Student Employee (1) Under ORS 238.015(4) and 238A.005(4)(d), student employees are not eligible for membership in the system by reason of their student employment. A participating employer is responsible for determining whether a person is ineligible for membership …

459-005-0030 Payments of Sums to Persons Entitled Thereto Retirement allowances, contribution refunds, or any other sums shall be paid directly to any one thereto entitled under the provisions of the Retirement Law, regardless of any claim maintainable against such sum thereafter…

459-005-0040 Verification of Retirement Data (1) For purposes of this rule: (a) “Eligible member” means an active or inactive member of the system who is within two years of attaining earliest service retirement age or has attained earliest service retirement age. “Eligible membe…

459-005-0055 Actuarial Equivalency Factors (1) Experience Study. The Director shall take steps to assure that the Board’s consulting actuary shall present the Experience Study required by ORS 238.605 to the Board by September 1 of each odd numbered year. (2) Actuarial Equivalency…

459-005-0060 Standards for the Adoption of New Actuarial Equivalency Factors (1) When the Board adopts actuarial equivalency factors pursuant to OAR 459-005-0055(3), the Board must consider: (a) Changes in mortality to reflect the best actuarial information on mortality available…

459-005-0100 Definitions — Member’s Fiduciary (1) “Fiduciary Document” means the court order appointing a person as the member’s fiduciary or the signed power of attorney by the member appointing the member’s fiduciary as their attorney-in-fact. (2) For the purposes of OAR 459-00…

459-005-0110 Fiduciary Document Requirements (1) No person may act as a member’s fiduciary with respect to PERS matters unless the Fiduciary Document naming or appointing such person(s) meets the requirements set forth in this rule. (2) The Fiduciary Document shall be in written …

459-005-0130 Termination of Member’s Fiduciary The authority granted a member’s fiduciary will terminate upon the occurrence of the earliest of the following events: (1) A written revocation is filed with PERS containing the member’s signature, if the member appointed the member’…

459-005-0140 Permissible Actions Under A Fiduciary Document (1) After receipt by PERS of a Fiduciary Document meeting the requirements set forth in OAR 459-005-0110, the member’s fiduciary and the member (unless the member's fiduciary is a guardian or conservator) may execute any…

459-005-0150 Effective Date of Fiduciary Document Rules OAR 459-005-0100 to 459-005-0140 shall be effective on the date they are adopted by the Public Employees Retirement Board (Board), and shall govern any documents submitted to PERS on or after the date these rules are adopted…

459-005-0180 Incapacity of Members, Beneficiaries, and Alternate Payees (1) Definitions. For purposes of this rule, "incapacitated" and "financially incapable" have the meanings given those terms in ORS 125.005. (2) Presumption of capacity. Unless demonstrated otherwise in accord…

459-005-0210 Transmission of Information, Reports, and Documents (1) As used in this rule: (a) “Deferred Compensation Program” means the Oregon Savings Growth Plan (OSGP), the PERS Board as Trustee of the OSGP, the PERS Director as Administrator of the OSGP, and any OSGP staff me…

459-005-0215 Transmittal of Remittances or Payments (1) For the purpose of this rule: (a) A "remittance" means the transfer of funds from a participating employer to the Public Employees Retirement Fund (PERF) which includes: (A) The contributions of both employer and employee me…

459-005-0220 Receipt Date for Reports, Documents, Remittances, Payments, Data, and Requests (1) As used in this rule: (a) “Imaged date” means the date on which a report, document, remittance, or payment is imaged and stored electronically to a dedicated network server. (b) “OMS” …

459-005-0225 Requirement to Make Payments by Electronic Funds Transfer (1) As used in this rule, the following words and phrases have the following meanings: (a) “Electronic funds transfer” has the same meaning given the term in ORS 293.525. (b) “ACH credit” means the electronic …

459-005-0250 Recovery of Administrative Costs (1) Estimates. (a) Any active or inactive member within two years of eligibility for service retirement may request from PERS an estimate of service retirement benefits (estimate). (b) PERS shall provide a member with a maximum of two…