Oregon Administrative Code

459-007-0320 Crediting Earnings for IAP Account Lump Sum Payments When an IAP member elects to withdraw their account(s) established under ORS 238A.350 according to ORS 238A.375 or retires and elects to receive a lump sum payment of those account(s) under ORS 238A.400(1), earning…

459-007-0330 Crediting Earnings for IAP Account Installment Payments (1) For the purposes of this rule, “monthly change rate” means the monthly earnings rate for IAP account(s) invested in the retirement installments fund when a retiree elects installment payments. (2) When an IA…

459-007-0335 Crediting Earnings for IAP Account Pre-Retirement Death Benefit Payments (1) For the purposes of this rule, “monthly change rate” means the monthly earnings rate for IAP account(s) invested in the retirement installments fund. (2) When a beneficiary or beneficiaries …

459-007-0340 Crediting Earnings for an OPSRP Pension Program Cash Out of Small Benefits No earnings or distribution interest from the effective date of retirement to the date of distribution shall be credited to the amount of a cash out of small benefits under ORS 238A.195. Statu…

459-007-0350 Crediting Earnings to the Employee Pension Stability Account at Retirement (1) Upon retirement, earnings from the effective date of the last annual rate to the effective retirement date shall be credited to the Employee Pension Stability Account in the manner specifi…

459-007-0360 Crediting Earnings to the Employee Pension Stability Account at Death (1) When a beneficiary or beneficiaries receive(s) pre-retirement death benefit payments under ORS 238A.410, earnings will be credited to the member’s Employee Pension Stability Account (EPSA) as f…

459-007-0370 Crediting Earnings to the Employee Pension Stability Account on Withdrawal (1) When a member withdraws his or her Employee Pension Stability Account (EPSA) under ORS 238A.375, earnings or losses from the effective date of the last annual rate to the date of distribut…

459-007-0400 Crediting Earnings Upon Withdrawal of a Judge Member Account Upon withdrawal of a judge member account under ORS 238.545, earnings from the last judge member annual rate to the date of distribution will be credited as specified in this rule. (1) Earnings will be cred…

459-007-0410 Crediting Earnings Upon the Death of a Judge Member Upon the death of a judge member, earnings will be credited to the judge member account as specified in this rule. (1) If a judge member dies before retirement, earnings from the last judge member annual rate will b…

459-007-0420 Crediting Earnings at Judge Member Service or Disability Retirement Upon retirement of a judge member for service or disability, earnings from the effective date of the last judge member annual rate to the effective date of retirement will be credited to the judge me…

459-007-0510 Crediting Earnings to Employer Contribution Accounts When funds are transferred from an employer contribution account to the Benefits-In-Force Reserve due to a member’s death, disability retirement, service retirement or other purpose, earnings shall be credited to t…

459-007-0530 Crediting Earnings To Employer Lump-Sum Payments (1) Definitions. For the purposes of this rule: (a) “Allocated Earnings” means the actual investment earnings or losses of the Public Employees Retirement Fund (PERF), apportioned based upon the proportionate size of t…

459-007-0900 Crediting Earnings To Integration Lump Sum Payments (1) For the purposes of this rule, “integration lump sum payment” means any funds received from an employer as the transfer of any prior plan assets under ORS 238.680, excluding any member account balances. (2) If t…

459-009-0020 Public Employer (1) A "public employer" shall have the same meaning as that term is given in ORS 238.005 and shall include all public school districts and educational service districts. (2) The employing entity (public employer) is that entity having the final author…

459-009-0050 Payment of Cost Estimates A public employer entering the system established by ORS 238.600 may be charged for any cost estimates prepared by the regular office staff PERS, and shall pay the cost of estimates computed for it in advance by the actuaries employed by the…

459-009-0070 Actuarial Pooling of Employer Liability (1) Definitions. Definitions as used in this rule: (a) “Actuarial Surplus” means the excess of the fair market actuarial value of assets over the actuarial liabilities. (b) “Consolidation” means the uniting or joining of two or…

459-009-0084 Employer Unfunded Actuarial Liability Lump-Sum Payments With an Actuarial Calculation The words and phrases used in this rule have the same meaning given them in OAR 459-009-0086. (1) An actuarial calculation is required before an employer may make a UAL lump-sum pay…

459-009-0085 Employer Unfunded Actuarial Liability Lump-Sum Payments Without an Actuarial Calculation The words and phrases used in this rule have the same meaning given them in OAR 459-009-0086. (1) An actuarial calculation is not required if an employer intends to make a UAL lu…

459-009-0086 Employer Unfunded Actuarial Liability Lump-Sum Payments, Generally (1) Definitions. For the purposes of this rule: (a) “Amortized amount” means the amount of a side account used to offset pension contributions due from the employer. (b) “Employer actuarial pool” mean…

459-009-0090 Surplus Lump-Sum Payments by Employers Purpose. The purpose of this rule is to establish procedures and requirements for the adjustment of employer contribution rates when an individual public employer that does not have an existing unfunded actuarial liability (UAL)…

459-009-0091 Unfunded Actuarial Liability Resolution Program (1) The Unfunded Actuarial Liability Resolution Program offers employers a PERS resource checklist and the use of the Employer Rate Projection Tool to assess the potential impact on employer contribution rates with vary…

459-009-0092 Employer Incentive Fund Program The words and phrases used in this rule have the same meaning given them in OAR 459-009-0086. (1) When the PERS Board determines that a sufficient amount of money has been allocated to the Employer Incentive Fund, it shall open an appl…

459-009-0098 Employer Contribution Rate In determining the amounts to be paid to PERS by a public employer, if a current employer contribution rate does not exist for an employer and they employ fewer than five active members on their payroll, PERS will apply the system-wide aver…

459-009-0100 Employer Reporting and Remittance of Contributions (1) Definitions. (a) “Pay period” means the span of time covered by an employer’s report to PERS. (b) “Statement” means a remittance statement that itemizes any required contributions, invoices, and penalties for the…

459-009-0130 Contributions for Prior Periods (1) When contributions under ORS 238.205, ORS 238A.330, ORS 238A.335, or ORS 238A.340 are determined by PERS to be required for salary paid in previous calendar years, or allocated to such years pursuant to ORS 238.005, 238A.005 or USE…

459-009-0200 Employer Remitting of Employee Contributions (1) A participating employer shall remit to PERS in accordance with OAR 459-070-0110 the contributions required by ORS 238A.330. Unless otherwise agreed to as provided for in section (2) or (3) of this rule, the employer s…

459-009-0350 Allocation of PERS Employer Actuarial Assets and Liabilities Purpose. The purpose of this rule is to provide guidance in the drafting of agreements by employers involved in transfers of PERS-covered employees regarding the allocation of PERS employer actuarial assets…

459-009-0400 Insolvent Employer (1) For the purposes of this rule, an “insolvent employer” is an employer that meets all of the following requirements: (a) The employer has dissolved either by statute or administrative action as an ongoing entity; (b) There are no assets from whi…

459-010-0000 Purpose and Authority (1) In accordance with ORS 238.650, membership in PERS shall be administered by PERS under the policies and procedures established by the Board. (2) The Board adopts the rules of chapter 459, division 010, to define and clarify, and to establish…

459-010-0003 Maintaining Membership in the PERS Tier One/Tier Two Program on and After January 1, 2006 (1) For the purpose of this rule: (a) “Concurrent positions” means employment with two or more participating employers in the same calendar year. (b) “Partial year of hire” mean…

459-010-0011 Authorized Paid Leave of Absence (1) Definition of "remuneration in return for services to the public employer." For purposes of ORS 238.005, remuneration in return for services to the public employer means: (a) The employee must be paid by the participating employer…

459-010-0014 Creditable Service in PERS Chapter 238 Program (1) For purposes of this rule: (a) “Active member” has the same meaning as provided in ORS 238.005. (b) “Creditable service” has the same meaning as provided in ORS 238.005. (c) “Major fraction of a month” means any cale…

459-010-0019 Retirement Eligibility (1) A member’s most recent qualifying position at the time of separation from service with all participating employers establishes the member’s classification for purposes of normal and early service retirement eligibility and disability retire…

459-010-0035 Six-Month Waiting Period in the PERS Chapter 238 Program (1) For the purpose of this rule: (a) “Concurrent” means occurring in the same calendar month. (b) “Concurrent waiting time employers” means two or more participating employers for which the employee is employe…

459-010-0045 Substitution of Annuity (1) A public employer participating in the Public Employees Retirement System may petition the Public Employees Retirement Board to substitute an annuity which an employee has already commenced to purchase as provided by ORS 238.015(7) for all…

459-010-0055 Withdrawal of Contributions (1) Definitions. For purposes of this rule: (a) A “controlled group” is a group of employers treated as a single employer for purposes of maintaining qualified status under federal law. (b) “Effective date of withdrawal” has the same meani…

459-010-0078 Volunteer Service (1) "Volunteer Service" means service as a volunteer as defined in OAR 459-005-0001. (2) Volunteer service shall not be considered: (a) For determining eligibility for membership in PERS. (b) For determining active membership in PERS. (c) For determ…

459-010-0115 Term of Appointive Office The fixed term of an appointive office is the term fixed by statute or municipal charter. Statutory/Other Authority: ORS 237 History: PER 8, f. 12-15-55

459-010-0125 Eligibility of Volunteer Firefighters Upon proper application by the employer, volunteer firefighters as a unit are eligible for membership even though all other employees of that employer are excluded. Statutory/Other Authority: ORS 238.650 Statutes/Other Implemente…

459-010-0175 Computation of Prior Service Credit for Accumulated Seasonal Employment In computing prior service credit for accumulated seasonal employment, the total days of seasonal employment worked by the employee, as certified by the employer, shall be divided by 260 to obtai…

459-010-0180 Membership of Elected or Appointed Officers (1) An officer elected or appointed for a fixed term, or appointed as director of a department by the Governor, may establish membership in PERS as an elected official by giving the PERS Board written notice of election to …

459-010-0300 Involuntary Termination of Membership (1) Under ORS 238.618, the Board may terminate a member’s membership when the member’s participation in the system would cause the system or the Public Employees Retirement Fund to lose its tax qualified status. (2) The Director …

459-011-0050 Forfeiture and Restoration of Membership Rights (1) A member who, pursuant to ORS 238.265, withdraws the amount credited to the member’s account ceases to be a PERS Chapter 238 Program member and forfeits all membership rights accrued under ORS Chapter 238 before the…

459-011-0100 Credit for Military Service under USERRA (1) Purpose. The purpose of this rule is to implement ORS 238.156(1). (2) Limitation of scope of rule. Contributions, benefits and service credit provided under this rule may not exceed contributions, benefits and service cred…

459-011-0110 Credit for Military Service under ORS 238.156(3) (1) Definitions. For purposes of this rule: (a) “Armed Forces” means the: (A) Army; (B) Navy; (C) Air Force; (D) Marine Corps; (E) Coast Guard; and (F) Space Force (b) “Employee” means an individual employed by a parti…

459-011-0115 Military Full Cost Purchase (1) For the purposes of this rule: (a) “Armed Forces” means the Army, Navy, Air Force, Marine Corps, Coast Guard, Space Force, and the reserve components thereof. (b) “Full cost” means the actual cost to the system of the retirement credit…

459-011-0150 General Purchases (1) For purposes of this rule, “purchase” means restoration of creditable service under ORS 238.115 or obtaining retirement credit under ORS 238.125, 238.135, 238.145, 238.148, 238.156, 238.157, 238.160, 238.162, 238.165, 238.175, 526.052 or section…

459-011-0200 Re-Establishment of Membership No employee of the Federal Cooperative Extension Service or any other service for an employer participating in the system which mandates participation in the federal Civil Service Retirement System (CSRS) or Federal Employees Retirement…

459-011-0500 Accumulated Unused Sick Leave (1) Pursuant to ORS 238.350, a public employer may request that one or more groups of its employees be compensated for accumulated unused sick leave in the form of increased retirement benefits. The request, in writing and accompanied by…

459-013-0040 Documentary Evidence (1) In order to receive retirement benefits, each member of the system shall furnish to the Retirement Board reasonably satisfactory evidence as to his or her date of birth. (2) In order for a member to receive benefits under option No. 2 or 3, t…