Oregon Administrative Code

459-013-0050 Combined Service (1) For purposes of this rule: (a) “Combined service” means periods of active membership in two or more different classifications. (b) “Concurrent service” means active membership for the same period with two or more different employers in two or mor…

459-013-0060 Payment of Retirement Benefits (1) Retirement benefits shall be payable each month as of the first day of the month following the effective date of retirement. (a) When the first day of the month falls on a weekend or a PERS holiday, retirement benefits processed thr…

459-013-0110 Eligibility for Early Benefits A member who reaches earliest retirement age under ORS 238.280 becomes eligible for a service retirement benefit that will be paid upon written application to the Board. After becoming eligible under that section, a member may not withd…

459-013-0250 Service Retirement Applications Requirements (1) For PERS to process a service retirement application, a person must provide the following necessary information within 85 days of the effective retirement date requested on the application: (a) Member’s Date of birth, …

459-013-0260 Effective Date Used in the Establishment of Service Retirement Benefits (1) A member’s service retirement allowance under ORS 238.300 and 238.305 will be established as of the member’s effective date of retirement. (2) A member’s effective date of retirement is the l…

459-013-0280 Calculation of Variable Match This rule will be used to determine the member’s retirement allowance under the Money Match method provided for in ORS 238.300(2)(b)(A) for members that are subject to the variable annuity adjustment provided under ORS 238.260(12). To ca…

459-013-0310 Payment of Increased Benefits under ORS 238.372 to 238.384 (1) For purposes of determinations under ORS 238.372 to 238.384: (a) “Person” includes a member, an alternate payee, or a beneficiary. (b) The increased benefit percentage to be added to a benefit paid to a b…

459-013-0320 Payment of Increased Benefits to an Alternate Payee (1) The provisions of this rule apply to an alternate payee who receives retirement benefit payments derived from an “alternate payee account” or a separate benefit option as provided under OAR 459-045-0010(2) or (3…

459-014-0030 Designation of Beneficiary (1) A member or an alternate payee with a separate account may designate a new beneficiary or revoke a previous designation of beneficiary: (a) At any time before the effective date of retirement, for the purposes of paying benefits under O…

459-014-0040 Valid Request for Distribution of Pre-Retirement Death Benefits (1) For the purposes of this rule, “valid request for distribution” is when PERS receives the last required document PERS has determined necessary to distribute a death benefit to a beneficiary. (2) PERS…

459-014-0045 Payment of Chapter 238 Pre-Retirement Death Benefits (1) To be eligible for the benefit under ORS 238.395(2), the member’s spouse must be the member’s sole beneficiary under ORS 238.390. (2) A beneficiary who elects to receive the optional spouse death benefit under …

459-014-0050 Designation of Beneficiary at Retirement and Survivor Benefits (1) For the purposes of this rule, “first payment is due” means the first of the calendar month after the effective retirement date. (2) The beneficiary designated on an application for service retirement…

459-015-0000 Purpose (1) The Legislative Assembly has established within the Public Employees Retirement System (PERS) a program for early retirement by reason of disability. The disability retirement program is solely intended to provide benefits to those members who are unable …

459-015-0001 Definitions The words and phrases used in this division have the same meaning given them in ORS Chapter 238 and OAR 459-005-0001. Additional terms are defined as follows unless the context requires otherwise. (1) “Any work for which qualified” means a job, not necess…

459-015-0005 Eligibility for Disability Retirement Allowances (1) Eligibility Standards: (a) A member who was employed as other than a police officer or firefighter must be totally, not partially, disabled and unable to perform any work for which qualified for an extended duratio…

459-015-0010 Criteria for Granting and Denying Disability Retirement Allowances (1) PERS shall determine eligibility for disability retirement allowances based on an applicant’s capacity and qualifications as set forth below. (2) Medical documentation is required by PERS. Each di…

459-015-0020 Application Required (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 applicant’s eligibility for a disability retirement allowance. (2) No disability retirem…

459-015-0025 Application Processing — Independent Examinations and Appeals (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…

459-015-0030 Hearings on Denial or Discontinuance of Disability Retirement Allowances (1) A final denial of an application for disability benefits, or any decision discontinuing a previously granted disability retirement allowance may be reviewed in a contested case hearing. (2) …

459-015-0035 Evidence — Contested Case Hearings (1) Applicant's documentary evidence: (a) At least 30 days before the scheduled hearing, the applicant shall file with the administrative law judge and serve upon the assigned Assistant Attorney General a copy of each document propo…

459-015-0040 Proof of Case — Contested Case Hearings (1) Burden of Proof in Hearings: The burden of proof for entitlement to a disability retirement allowance is upon the applicant. The Board is not required to prove that the applicant is entitled to a disability retirement allow…

459-015-0045 Return to Work (1) The Public Employees Retirement Board allows a member who is receiving a disability retirement allowance to return to work as follows: (a) Returning to work in a PERS qualifying position. A member who was employed as other than a police officer or …

459-015-0050 Periodic Reviews (1) Members receiving a disability retirement allowance are subject to periodic reviews of their disabled status until the member reaches normal retirement age or staff determines that periodic reviews are no longer warranted. (2) Periodic reviews wi…

459-015-0055 Selection of Benefit Option and Commencement of Allowance (1) Upon filing an application for a disability retirement allowance, the member may make a preliminary designation of beneficiary and a preliminary selection of benefit option. A member may not choose a lump-…

459-016-0100 Purchase of Units by a Police Officer or Firefighter to Provide Increased Benefits (1) For the purposes of this rule: (a) “Active” means an “active member” as defined in ORS 238.005(1). (b) “Current” means a member who is currently employed as a police officer or fir…

459-017-0060 Reemployment of Retired Members (1) For purposes of this rule: (a) “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 si…

459-020-0015 Collection of Pro Rata Share of Administrative Expenses (1) Each public agency, as defined in ORS 237.410, must pay to the Board an amount determined by the Board to be the public agency’s obligation for administrative expenses incurred by the Board in the administra…

459-020-0030 Information and Records from Employer (1) Upon request from the Board, an employer must provide to the Board records and information, including: (a) Personnel information; (b) Possible exclusions from coverage; (c) Employer’s legal name and status; (d) Federal employ…

459-020-0050 Application for Inclusion A public agency, as defined in ORS 237.410, may apply to the Board for inclusion in the agreement under ORS 237.440 by submitting to the Board: (1) A resolution by the agency’s legislative or governing body requesting inclusion in the agreem…

459-030-0009 Contents of the Petition (1) A petition for exemption of a public employer shall contain the following information: (a) The name of the public employer; (b) For current affected police officers and fire fighters; a list of the names, ages, sex, dates of employment an…

459-030-0011 “Equal To or Better Than” Exemption (1) A public employer that provides retirement benefits to its police officers and firefighters pursuant to ORS 237.620(2) is exempt from participation in PERS for such employees. (2) An exemption under this division will continue …

459-030-0015 Actuarial Review (1) Upon the filing of a petition, the Board shall schedule an actuarial review of the public employer’s retirement plan to be conducted by an actuary retained by the Board at the expense of the public employer. (2) An actuary retained by the Board m…

459-030-0025 Standards for Review of Police Officers and Firefighters Retirement Plans (1) For purposes of this rule: (a) “Assumed rate” has the same meaning as provided in OAR 459-007-0001. (b) “Valuation date” means the date set by the Board as of which the retirement benefits …

459-030-0030 Board Action on Petition and Review of Order (1) The actuary will issue a written report that concludes whether a public employer's plan meets the standards for receiving an exemption under OAR 459-030-0025. After receipt of the written actuarial review report and re…

459-035-0000 Policy and Goals (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 m…

459-035-0001 Definitions 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 adopti…

459-035-0010 Standard Retiree Health Insurance Account (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 O…

459-035-0020 Eligibility, General 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 s…

459-035-0030 Eligibility, Retirement Health Insurance Account 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. …

459-035-0040 Eligibility, Retiree Health Insurance Premium Account 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 el…

459-035-0050 Contribution Payment From Retiree Health Insurance Premium Account for Eligible Retired State Employees Not Eligible for Medicare This rule establishes the procedure for determining the amount of contribution that will be paid from the Retiree Health Insurance Premiu…

459-035-0060 Contribution Payment from Retirement Health Insurance Account for Eligible Retired Members Who Are Covered by Medicare 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 eligibl…

459-035-0070 Enrollment (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 r…

459-035-0080 Effective Date of Coverage (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…

459-035-0090 Retiree Health Insurance Premium Payment Process (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 …

459-035-0100 Employer Contributions for Retiree Health Insurance (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 RH…

459-035-0150 Continuation of Insurance Coverage Under COBRA (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-sponsore…

459-040-0001 Definitions 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 perso…

459-040-0010 General Administration (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…

459-040-0020 Judge Member Disability Retirement 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 “m…