Oregon Bulletin

November 1, 2012

Oregon Public Employees Retirement System, Chapter 459

Rule Caption: Housekeeping edits clarify administration of the judge member retirement program under ORS 238.500 to 238.585.

Adm. Order No.: PERS 12-2012

Filed with Sec. of State: 10-4-2012

Certified to be Effective: 10-4-12

Notice Publication Date: 9-1-2012

Rules Amended: 459-040-0020, 459-040-0080

Subject: Legislation in 2005 (House Bill 3238) requires agencies to review new rules adopted since January 1, 2006, within five years of the date the new rules are adopted. The rules contained in Chapter 459, Division 40 – Judge Member Program, were adopted on July 26, 2007, and the five-year review of these rules was completed on July 26, 2012. The proposed modifications to OAR 459-040-0020 and 459-040-0080 include housekeeping edits to delete and update rule citations and deletion of the separate date of disability retirement standard for judge members.

Rules Coordinator: Daniel Rivas—(503) 603-7713


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 “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
Hist.: PERS 11-2007, f. & cert. ef. 7-26-07; PERS 12-2012, f. & cert. ef. 10-4-12


Required Minimum Distribution of Judge Member Death Benefits

(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
Hist.: PERS 11-2007, f. & cert. ef. 7-26-07; PERS 12-2012, f. & cert. ef. 10-4-12

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