Oregon Administrative Code

459-060-0030 Disclosure of Records Without Consent (1) Records otherwise exempt from disclosure will be released in compliance with a judicial order, or pursuant to a valid subpoena or administrative order, or as necessary to comply with applicable federal and state tax reporting…

459-060-0050 Request for Benefit Estimate Unless otherwise required by a judicial order or valid subpoena, or expressly authorized in writing by the affected active or inactive member, as defined in ORS 238.005(7), PERS shall not provide an estimate of a potential service or disa…

459-060-0200 Confidentiality and Inadmissibility of Mediation Communications (1) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234. (2) Nothing in this rule affects any confidentiality created by other law. Nothing in this rul…

459-060-0210 Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications (1) This rule applies to workplace interpersonal disputes, which are disputes involving the interpersonal relationships between this agency’s employees, officials or emplo…

459-070-0001 Definitions The words and phrases used in divisions 070, 075, 076, and 080 of OAR Chapter 459 have the same meaning given them in ORS 238A.005 to 238A.475, unless otherwise indicated. Specific and additional terms for purposes of divisions 070, 075, 076 and 080 are d…

459-070-0050 Participation of Public Employers (1) Any public employer that does not already provide benefits under the Oregon Public Service Retirement Plan (OPSRP) may apply to participate in OPSRP for service by eligible employees performed on or after the date the employer's …

459-075-0010 Eligibility and Membership (1) Eligibility. An employee who is employed in a qualifying position on or after August 29, 2003 by an employer participating in the OPSRP Pension Program is eligible to become a member of that program, and maintain such membership, unless…

459-075-0020 Termination of OPSRP Pension Program Membership (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 Pensio…

459-075-0030 Calculation of Overtime for Purposes of Final Average Salary (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 emplo…

459-075-0040 OPSRP Service Retirement Application 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 bi…

459-075-0060 Vesting in the OPSRP Pension Program 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…

459-075-0100 Credit for Military Service under USERRA (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…

459-075-0150 Retirement Credit (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 any calendar month in which an active member is employed for more than one-half of the total calendar days in …

459-075-0170 Payment of OPSRP Pension Program Benefits (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 Progr…

459-075-0175 Effective Date Used in the Establishment of OPSRP Pension Program Benefits (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 i…

459-075-0200 Retirement Eligibility for Police Officer and Firefighter Members (1) For purposes of this rule: (a) “Police officer” and “firefighter” have the same meaning given them in ORS 238A.005. (b) “Concurrently employed” means employment with two or more participating emplo…

459-075-0300 Reemployment of a Retired Member of the OPSRP Pension Program (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 participatin…

459-076-0001 Definitions 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 neces…

459-076-0005 Eligibility for Disability Benefits (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 duration to be eligi…

459-076-0010 Criteria for Granting and Denying Disability Benefits (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…

459-076-0020 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 member’s eligibility for a disability benefit. (2) No disability benefit will be paid un…

459-076-0025 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…

459-076-0030 Hearings on Denial or Discontinuance of Disability Benefit Allowances (1) A final denial of an application for disability benefits, or any decision discontinuing a previously granted disability benefit allowance may be reviewed in a contested case hearing. (2) A cont…

459-076-0045 Cessation of Disability Benefits Upon Reaching Normal Retirement Age (1) If a member who is receiving an OPSRP disability benefit reaches normal retirement age, as defined in ORS 238A.160, their last disability benefit will be paid on the first of the following month…

459-076-0050 Periodic Reviews (1) Members receiving a disability benefit 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 will be used to…

459-076-0055 Payment of Disability Benefit (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…

459-080-0010 Membership (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 inac…

459-080-0015 Investment of IAP Account Balance (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 …

459-080-0020 Withdrawal of Individual Accounts (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 lea…

459-080-0050 IAP Optional Employer Account Contributions (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 …

459-080-0060 Vesting in an IAP Employer Account (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 pub…

459-080-0100 Credit for Military Service under USERRA (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…

459-080-0150 Employee Contributions into the IAP Account (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…

459-080-0200 IAP Account Adjustments for Earnings or Losses (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 o…

459-080-0250 IAP Account Installments (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 d…

459-080-0260 Distribution of IAP Accounts at Retirement (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 23…

459-080-0300 Receipt of Retirement Distribution Payments by an Active Member of the IAP (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…

459-080-0400 Employee Pension Stability Account (EPSA) (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 excee…

459-080-0410 Voluntary Contributions to Individual Account Program (IAP) (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…

459-080-0500 Limitation on Contributions (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 $72,00…

461-001-0000 Definitions for Chapter 461 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-refe…

461-001-0010 Notice of Rulemaking See the current version of OAR 407-001-0000 and 407-001-0005 which apply to notices of rulemaking for rules in Chapter 461. Statutory/Other Authority: ORS 183.341, 411.060 & 412.049 Statutes/Other Implemented: ORS 183.341, 411.060 & 412.049 Histo…

461-001-0015 Definitions; SNAP 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 …

461-001-0020 Definitions; SNAP Employment and Training Components and Activities The SNAP Employment and Training (SNAP E&T) program consists of STEP (see OAR 461-101-0010) and ABAWD (see OAR 461-101-0010). The purpose of these programs is to assist individuals receiving SNAP ben…

461-001-0025 Definitions of Terms, Components, and Activities; JOBS, Pre-TANF, TANF In the Job Opportunity and Basic Skills (JOBS), Pre-Temporary Assistance for Needy Families (Pre-TANF), and Temporary Assistance for Needy Families (TANF) programs, the following definitions apply…

461-001-0027 Definitions of Terms, Components, and Activities; REF, REP 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, …

461-001-0030 Definitions; OSIPM Nursing Facility Services or Home and Community-Based Care These terms apply to rules in Chapter 461 about Oregon Supplemental Income Program Medical (OSIPM) nursing facility services and home and community-based care: (1) Community spouse: An indi…

461-001-0035 Definitions; OSIP-EPD and OSIPM-EPD 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…

461-025-0300 Contested Case Hearings (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 fo…

461-025-0301 Lay Representation in Contested Case Hearings (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 co…