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The Oregon Administrative Rules contain OARs filed through October 15, 2014

 

Oregon Public Employees Retirement System

DIVISION 1

PROCEDURAL RULES

459-001-0000 Notice of Proposed Rule

459-001-0005 Model Rules of Procedure

459-001-0010 Filing Papers

459-001-0015 Conduct of Meetings of the Board

459-001-0025 Delegation to Director and Staff

459-001-0030 Review of Staff Actions and Determinations Regarding Persons

459-001-0032 Review of Staff Actions and Determinations Regarding Public Employers

459-001-0035 Contested Case Hearing

459-001-0040 Petitions for Reconsideration

459-001-0090 Statement of Intention and Understanding

DIVISION 5

ADMINISTRATION

459-005-0001 Definitions, Generally

459-005-0005 Amendments to Retirement Law

459-005-0010 Public Employees Retirement Fund, A Trust

459-005-0030 Payments of Sums to Persons Entitled Thereto

459-005-0040 Verification of Retirement Data

459-005-0055 Actuarial Equivalency Factors

459-005-0060 Standards for the Adoption of New Actuarial Equivalency Factors

459-005-0100 Definitions -- Member's Fiduciary

459-005-0110 Fiduciary Document Requirements

459-005-0130 Termination of Member's Fiduciary

459-005-0140 Permissible Actions Under A Fiduciary Document

459-005-0150 Effective Date of Fiduciary Document Rules

459-005-0180 Incapacity of Members, Beneficiaries, and Alternate Payees

459-005-0210 Transmittal of Reports and Documents

459-005-0215 Transmittal of Remittances or Payments

459-005-0220 Receipt Date for Reports, Documents, Remittances, and Payments

459-005-0225 Requirement to Make Payments by Electronic Funds Transfer

459-005-0250 Recovery of Administrative Costs

459-005-0310 Date of Participation and Transfer of Employee Funds to the Oregon University System Optional Retirement Plan

459-005-0350 Membership Status of Persons in Concurrent Employment Eligible to Participate in an Optional or Alternative Retirement Plan

459-005-0370 Date of Participation and Transfer of Employee Funds to an Alternative Retirement Plan -- OHSU

459-005-0400 General Applicability of Attorney General’s Model Public Contract Rules

459-005-0506 Plan Compliance with Federal Statutes and Regulations

459-005-0510 Cost-of-Living Adjustment

459-005-0520 Supplementary Payment

459-005-0525 Ceiling on Compensation for Purposes of Contributions and Benefits

459-005-0530 Limitation for Employers with Multiple Retirement Plans — for Contributions and Distributions Before January 1, 2000

459-005-0535 Annual Benefit Limitation

459-005-0540 Permissive Service Credit

459-005-0545 Annual Addition Limitation

459-005-0560 Required Minimum Distributions, Generally

459-005-0580 Trustee-to-Trustee Transfers

459-005-0590 General Provisions and Applicability Date -- Direct Rollovers

459-005-0591 Definitions -- Direct Rollovers

459-005-0595 Limitations -- Direct Rollovers

459-005-0599 Election Procedures -- Direct Rollovers

459-005-0600 Precedence for Reductions or Deductions of Benefit Payment

459-005-0610 Recovery of Overpayments

459-005-0615 Minimum Retroactive Payment

459-005-0620   Uncollectible Debt Owed to PERS

DIVISION 7

EARNINGS AND INTEREST DISTRIBUTION

459-007-0001 Definitions

459-007-0003 Determination of Tier One Year-to-Date Calculation

459-007-0005 Annual Earnings Crediting

459-007-0007 Assumed Rate

459-007-0009 Allocating Costs of Compliance with Generally Accepted Accounting Principles

459-007-0015 Interest Rate Applied to Underpayment of Estimated Benefits

459-007-0020 Statutory Limitation on the Crediting of Earnings

459-007-0025 Crediting Earnings to a Member Lump Sum Payment

459-007-0040 Crediting Earnings upon Withdrawal of a Tier One Member's Account

459-007-0050 Crediting Earnings for a Deceased Tier One Active or Inactive Member

459-007-0060 Crediting Earnings to the Tier One Employer Death Benefit

459-007-0070 Crediting Earnings at Tier One Service or Disability Retirement

459-007-0080 Crediting Earnings at Tier One Service Retirement, Single Payment

459-007-0090 Crediting Earnings upon Tier One Service Retirement, Two or More Installment Payments

459-007-0110 Crediting Earnings at Tier One Loss of Membership

459-007-0160 Crediting Earnings to Loss of Membership Account for Periods of Active Membership

459-007-0220 Distribution of Earnings for Withdrawal of Member's Account -- Tier Two

459-007-0230 Crediting Earnings for a Deceased Tier Two Active or Inactive Member

459-007-0240 Crediting Earnings to the Tier Two Employer Death Benefit

459-007-0250 Crediting Earnings at Tier Two Service or Disability Retirement

459-007-0260 Crediting Earnings at Tier Two Service Retirement, Single Payment

459-007-0270 Crediting Earnings upon Tier Two Service Retirement, Two or More Installment Payments

459-007-0290 Crediting Earnings at Tier Two Loss of Membership

459-007-0300 Crediting Earnings to Police Officer and Firefighter Unit Accounts in the Fund

459-007-0320 Crediting Earnings for IAP Account Lump Sum Payments

459-007-0330 Crediting Earnings for IAP Account Installment Payments

459-007-0340 Crediting Earnings for an OPSRP Pension Program Cash Out of Small Benefits or Withdrawal

459-007-0400 Crediting Earnings Upon Withdrawal of a Judge Member Account

459-007-0410 Crediting Earnings Upon the Death of a Judge Member

459-007-0420 Crediting Earnings at Judge Member Service or Disability Retirement

459-007-0510 Crediting Earnings to Employer Contribution Accounts

459-007-0530 Crediting Earnings To Employer Lump Sum Payments

459-007-0900  Crediting Earnings To Integration Lump Sum Payments

DIVISION 9

PUBLIC EMPLOYER

459-009-0020 Public Employer

459-009-0050 Payment of Cost Estimates

459-009-0070 Actuarial Pooling of Employer Liability

459-009-0084 Unfunded Actuarial Liability Lump-Sum Payments by Employers Participating in an Employer Actuarial Pool

459-009-0085 Unfunded Actuarial Liability Lump-Sum Payments by Employers Not Participating in an Employer Actuarial Pool

459-009-0090 Surplus Lump-Sum Payments by Employers

459-009-0100 Employer Reporting and Remittance of Contributions

459-009-0130 Employee Contributions for Prior Periods

459-009-0200 Employer Remitting of Employee Contributions

459-009-0350 Allocation of PERS Employer Actuarial Assets and Liabilities

DIVISION 10

MEMBERSHIP

459-010-0000   Purpose and Authority

459-010-0003   Eligibility and Membership for the PERS Chapter 238 Program

459-010-0010   Leave of Absence Without Pay

459-010-0011   Authorized Paid Leave of Absence

459-010-0012   Membership of Community College Employees

459-010-0014   Creditable Service in PERS Chapter 238 Program

459-010-0019   Retirement Eligibility

459-010-0025   Student Employee

459-010-0030   Determination of Employee Status

459-010-0032   Determination of Independent Contractor Status

459-010-0035   Six-Month Waiting Period

459-010-0045   Substitution of Annuity

459-010-0055   Withdrawal of Contributions

459-010-0078   Volunteer Service

459-010-0115   Term of Appointive Office

459-010-0125   Eligibility of Volunteer Firefighters

459-010-0175   Computation of Prior Service Credit for Accumulated Seasonal Employment

459-010-0180   Membership of Elected Officer or Fixed Term Officer

459-010-0300   Involuntary Termination of Membership

DIVISION 11

RETIREMENT CREDIT

459-011-0050 Forfeiture and Restoration of Service Rights

459-011-0100 Credit for Military Service under USERRA

459-011-0110 Credit for Military Service under ORS 238.156(3)

459-011-0115 Military Full Cost Purchase

459-011-0150 General Purchases

459-011-0200 Re-Establishment of Membership

459-011-0500 Accumulated Unused Sick Leave

DIVISION 13

RETIREMENT BENEFITS

459-013-0040 Documentary Evidence

459-013-0050 Combined Service

459-013-0060 Payment of Retirement Benefits

459-013-0110 Eligibility for Early Benefits

459-013-0260 Effective Date Used in the Establishment of Service Retirement Benefits

459-013-0280 Calculation of Variable Match

459-013-0310 Payment of Increased Benefits under ORS 238.372 to 238.384

459-013-0320 Payment of Increased Benefits to an Alternate Payee

DIVISION 14

DEATH AND SURVIVOR BENEFITS

459-014-0030   Pre-Retirement Designation of Beneficiary

459-014-0040   Valid Request for Distribution of Pre-Retirement Death Benefits

459-014-0050   Designation of Beneficiary at Retirement and Survivor Benefits

DIVISION 15

DISABILITY RETIREMENT ALLOWANCES

459-015-0000 Purpose

459-015-0001 Definitions

459-015-0005 Eligibility for Disability Retirement Allowances

459-015-0010 Criteria for Granting and Denying Disability Retirement Allowances

459-015-0020 Application Required

459-015-0025 Application Processing -- Independent Examinations and Appeals

459-015-0030 Hearings on Denial or Discontinuance of Disability Retirement Allowances

459-015-0035 Evidence -- Contested Case Hearings

459-015-0040 Proof of Case -- Contested Case Hearings

459-015-0045 Return to Work

459-015-0050 Periodic Reviews

459-015-0055 Selection of Benefit Option and Commencement of Allowance

DIVISION 16

POLICE OFFICERS AND FIRE FIGHTERS

459-016-0100 Purchase of Units by a Police Officer or Firefighter to Provide Increased Benefits

DIVISION 17

REEMPLOYED RETIRED MEMBERS

459-017-0060 Reemployment of Retired Members

DIVISION 20

OLD-AGE AND SURVIVORS INSURANCE

 

459-020-0015 Collection of Pro Rata Share of Administrative Expenses

459-020-0030 Information and Records from Employer

459-020-0050 Application for Inclusion

DIVISION 30

LOCAL PUBLIC EMPLOYER RETIREMENT PLANS FOR POLICE
OFFICERS AND FIRE FIGHTERS

459-030-0009 Contents of the Petition

459-030-0011 "Equal To or Better Than" Exemption

459-030-0015 Actuarial Review

459-030-0025 Standards for Review of Police Officers and Firefighters Retirement Plans

459-030-0030 Board Action on Petition and Review of Order

DIVISION 35

HEALTH INSURANCE PROGRAMS

459-035-0000 Policy and Goals

459-035-0001 Definitions

459-035-0010 Standard Retiree Health Insurance Account

459-035-0020 Eligibility, General

459-035-0030 Eligibility, Retirement Health Insurance Account

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

459-035-0050 Contribution Payment from Retiree Health Insurance Premium Account for Eligible Retired State Employees Not Eligible for Medicare

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

459-035-0070 Enrollment

459-035-0080 Effective Date of Coverage

459-035-0090 Retiree Health Insurance Premium Payment Process

459-035-0100 Employer Contributions for Retiree Health Insurance

459-035-0150 Continuation of Insurance Coverage Under COBRA

DIVISION 40

JUDGE MEMBER PROGRAM

459-040-0001 Definitions

459-040-0010 General Administration

459-040-0020 Judge Member Disability Retirement

459-040-0030 Plan A Service Retirement Allowance

459-040-0040 Plan B Service Retirement Allowance

459-040-0050 Variable Annuity Adjustments for Judge Members

459-040-0060 Judge Member Death Before Retirement

459-040-0070 Judge Member Death After Retirement

459-040-0080 Required Minimum Distribution of Judge Member Death Benefits

DIVISION 45

DOMESTIC RELATIONS ORDERS

459-045-0001 Definitions

459-045-0010 Chapter 238 Tier One / Tier Two Division of Benefits

459-045-0012 OPSRP Pension Program Division of Benefits

459-045-0014 Individual Account Program (IAP) Division of Benefits

459-045-0020 Court Orders

459-045-0030 General Administration for Chapter 238 Tier One/Tier Two

459-045-0032 General Administration for OPSRP Pension Program

459-045-0034 General Administration for Individual Account Program (IAP)

459-045-0040 Requesting Information from PERS

459-045-0050 Filing Requirements For Alternate Payees

459-045-0060 General Rules for Calculating Benefits

459-045-0080 PERS Notifications

459-045-0090 PERS Administrative Fee

DIVISION 50

DEFERRED COMPENSATION

459-050-0000   Purpose and Authority

459-050-0001   Definitions

459-050-0005   Policy and Goals of Deferred Compensation Program

459-050-0025   Deferred Compensation Advisory Committee

459-050-0030   Deferred Compensation Administrator

459-050-0035   Assistance to the Oregon Investment Council and the State Treasurer

459-050-0037   Trading Restrictions

459-050-0040   Unforeseeable Emergency Withdrawal Appeals Committee

459-050-0050   Eligibility and Enrollment

459-050-0060   OSGP Designation of Beneficiary

459-050-0065   Beneficiary Predeceases or Disclaims Benefit

459-050-0070   Catch-Up Programs

459-050-0072   Military Leave Catch-Up

459-050-0075   Distributions During Employment

459-050-0076   In-Plan Roth Conversion

459-050-0077   Loan Program

459-050-0080   Distribution of Funds After a Severance of Employment

459-050-0090   Direct Rollover and Trustee-to-Trustee Transfer

459-050-0120   Self-Directed Brokerage Option

459-050-0150   Unforeseeable Emergency Withdrawal

459-050-0200   Court Orders

459-050-0210   Segregation of a Participant Account

459-050-0220   Distribution of an Alternate Payee Account

459-050-0230   Release of Information

459-050-0240   Deferred Compensation Program Notifications

459-050-0250   Fee for Administration of a Court Order

459-050-0300   Required Minimum Distribution Requirements

459-050-0310    Power of Attorney

 

DIVISION 60

PUBLIC RECORDS ADMINISTRATION

459-060-0001 Definitions

459-060-0010 Requests and Fees for Public Records

459-060-0020 Confidentiality of Member Records

459-060-0030 Disclosure of Records Without Consent

459-060-0050 Request for Benefit Estimate

459-060-0200 Confidentiality and Inadmissibility of Mediation Communications

459-060-0210 Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications

DIVISION 70

OREGON PUBLIC SERVICE RETIREMENT PLAN, GENERALLY

459-070-0001 Definitions

459-070-0050 Participation of Public Employers

459-070-0100 Employer Reporting

459-070-0110 Employer Remittance of Contributions

DIVISION 75

OPSRP PENSION PROGRAM

459-075-0010 Eligibility and Membership

459-075-0020 Withdrawal from OPSRP Pension Program

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

459-075-0060 Vesting in the OPSRP Pension Program

459-075-0100 Credit for Military Service under USERRA

459-075-0150 Retirement Credit

459-075-0170 Payment of OPSRP Pension Program Benefits

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

459-075-0200 Retirement Eligibility for Police Officer and Firefighter Members

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

DIVISION 76

OPSRP DISABILITY BENEFIT

459-076-0001 Definitions

459-076-0005 Eligibility for Disability Benefits

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

459-076-0020 Application Required

459-076-0025 Application Processing -- Independent Examinations and Appeals

459-076-0045 Cessation of Disability Benefits Upon Reaching Normal Retirement Age

459-076-0050 Periodic Reviews

459-076-0055 Payment of Disability Benefit

DIVISION 80

OPSRP INDIVIDUAL ACCOUNT PROGRAM

459-080-0010 Membership

459-080-0020 Withdrawal of Individual Accounts

459-080-0050 IAP Employer Account Contributions

459-080-0060 Vesting in an IAP Employer Account

459-080-0100 Credit for Military Service under USERRA

459-080-0150 Employee Contributions into the IAP Account

459-080-0200 IAP Account Adjustments for Earnings or Losses

459-080-0250 IAP Account Installments

459-080-0260 Distribution of IAP Accounts at Retirement

459-080-0300 Receipt of Payments by a Reemployed Member of the IAP

459-080-0500 Limitation on Contributions


Notes
1.) The OAR Compilation is updated on the first of each month to include all rule actions filed with the Secretary of State’s Office by the 15th of the previous month, or by the previous workday if the 15th is on a weekend or holiday.

2.) The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722

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