Oregon Public Employees Retirement System
Chapter 459
Division 1 - PROCEDURAL RULES
PROCEDURAL RULES
459-001-0000 Notice of Proposed Rule
459-001-0005 Model Rules of Procedure
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
ADMINISTRATION
459-005-0001 Definitions, Generally
459-005-0005 Amendments to Retirement Law
459-005-0010 Public Employees Retirement Fund, A Trust
459-005-0012 Membership of Academic Employees of Community College and Public Universities
459-005-0020 Determination of Employee Status
459-005-0025 Student Employee
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 Transmission of Information, Reports, and Documents
459-005-0215 Transmittal of Remittances or Payments
459-005-0220 Receipt Date for Reports, Documents, Remittances, Payments, Data, and Requests
459-005-0225 Requirement to Make Payments by Electronic Funds Transfer
459-005-0250 Recovery of Administrative Costs
459-005-0260 Accounts Receivable — Fraud
459-005-0300 Post-Doctoral Scholar
459-005-0310 Date of Participation and Transfer of Employee Funds to the 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
459-005-0525 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
459-005-0570 Required Minimum Distributions, Individual Account Program (IAP)
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 Pre-Tax and Post-Tax Deductions from Benefit Payment
459-005-0605 Reimbursement for Medical Records Requested by PERS
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
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
459-007-0335 Crediting Earnings for IAP Account Pre-Retirement Death Benefit Payments
459-007-0340 Crediting Earnings for an OPSRP Pension Program Cash Out of Small Benefits
459-007-0350 Crediting Earnings to the Employee Pension Stability Account at Retirement
459-007-0360 Crediting Earnings to the Employee Pension Stability Account at Death
459-007-0370 Crediting Earnings to the Employee Pension Stability Account on 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
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 Employer Unfunded Actuarial Liability Lump-Sum Payments With an Actuarial Calculation
459-009-0085 Employer Unfunded Actuarial Liability Lump-Sum Payments Without an Actuarial Calculation
459-009-0086 Employer Unfunded Actuarial Liability Lump-Sum Payments, Generally
459-009-0090 Surplus Lump-Sum Payments by Employers
459-009-0091 Unfunded Actuarial Liability Resolution Program
459-009-0092 Employer Incentive Fund Program
459-009-0095 Pooled School District Employers Side Account
459-009-0098 Employer Contribution Rate
459-009-0100 Employer Reporting and Remittance of Contributions
459-009-0130 Contributions for Prior Periods
459-009-0200 Employer Remitting of Employee Contributions
459-009-0350 Allocation of PERS Employer Actuarial Assets and Liabilities
459-009-0400 Insolvent Employer
Division 10 - MEMBERSHIP
MEMBERSHIP
459-010-0000 Purpose and Authority
459-010-0003 Eligibility and Membership for the PERS Tier One/Tier Two Program
459-010-0010 Leave of Absence Without Pay
459-010-0011 Authorized Paid Leave of Absence
459-010-0014 Creditable Service in PERS Chapter 238 Program
459-010-0019 Retirement Eligibility
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 or Appointed Officers
459-010-0300 Involuntary Termination of Membership
Division 11 - RETIREMENT CREDIT
RETIREMENT CREDIT
459-011-0050 Forfeiture and Restoration of Membership 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
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
DEATH AND SURVIVOR BENEFITS
459-014-0030 Pre-Retirement Designation of Beneficiary
459-014-0040 Valid Request for Distribution of Pre-Retirement Death Benefits
459-014-0045 Payment of Chapter 238 Pre-Retirement Death Benefits
459-014-0050 Designation of Beneficiary at Retirement and Survivor Benefits
Division 15 - DISABILITY RETIREMENT ALLOWANCES
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
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
REEMPLOYED RETIRED MEMBERS
459-017-0060 Reemployment of Retired Members
Division 20 - OLD-AGE AND SURVIVORS INSURANCE
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
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
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
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
DOMESTIC RELATIONS ORDERS
459-045-0001 Definitions
459-045-0010 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 Application Requirements for Alternate Payees
459-045-0060 General Rules for Calculating Benefits
459-045-0070 Precedence for Benefit Payment Reductions or Deductions
459-045-0080 PERS Notifications
459-045-0090 PERS Administrative Fee
Division 50 - DEFERRED COMPENSATION
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 Manager
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
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
OREGON PUBLIC SERVICE RETIREMENT PLAN, GENERALLY
459-070-0001 Definitions
459-070-0050 Participation of Public Employers
Division 75 - OPSRP PENSION PROGRAM
OPSRP PENSION PROGRAM
459-075-0010 Eligibility and Membership
459-075-0020 Termination of OPSRP Pension Program Membership
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
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
OPSRP INDIVIDUAL ACCOUNT PROGRAM
459-080-0010 Membership
459-080-0015 Investment of IAP Account Balance
459-080-0020 Withdrawal of Individual Accounts
459-080-0050 IAP Optional 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 Retirement Distribution Payments by an Active Member of the IAP
459-080-0400 Employee Pension Stability Account (EPSA)
459-080-0410 Voluntary Contributions to Individual Account Program (IAP)
459-080-0500 Limitation on Contributions