Current through Register Vol. 63, No. 9, September 1, 2024
(1) A member must be totally, not partially,
disabled and unable to perform any work for which qualified for an extended
duration to be eligible for a disability retirement allowance.
(2) In determining a member's eligibility for
a disability retirement allowance, the burden of proof is upon the applicant.
The Board is not required to prove whether the applicant is or is not eligible
for a disability retirement allowance.
(3) Eligibility requirements for duty
disabilities.
(a) To be eligible for a duty
disability a member must prove:
(A) The mental
or physical incapacitation arose out of and in the course of duty and was not
intentionally self-inflicted; and
(B) The on the job injury must be the
material contributing cause of the disability even if the member has a
pre-existing condition.
(b) For work related stress to be considered
the material contributing cause of the disability all of the following criteria
must be met:
(A) The employment conditions
producing the work-related stress exist in a real and objective
sense;
(B) The employment
conditions producing the work-related stress are conditions other than
conditions generally inherent in every working situation or reasonable
disciplinary, corrective or job performance evaluation actions by the employer,
or cessation of employment or employment decisions attendant upon ordinary
business or financial cycles;
(C)
There is a diagnosis of a mental or emotional disorder which is generally
recognized in the medical or psychological community; and
(D) There is evidence that the work-related
stress arose out of and in the course of employment.
(4) Eligibility requirements for
non-duty disabilities. A member applying for non-duty disability retirement
must have a minimum of 10 years of employment in a PERS qualifying position.
Years of employment are calculated pursuant to ORS
238.320(6)
as follows:
(a) Members with no prior service
credit under ORS
238.442 receive:
(A) One year of employment for each
12-month period or major fraction thereof, calculated from the date on which
the member begins the six-month waiting period required for establishing
membership under ORS
238.015 to
the date of disability; and
(B) Up
to 90 days for sick leave used after the date of disability. No other leave of
absence after the date of disability will count toward years of
employment.
(b) Members
with prior service credit under ORS
238.442 receive:
(A) One year of employment for each
year of prior service credit; and
(B) One year of employment for any minor
fraction of a year of prior service, if continuous as certified by the employer
and for which no prior service credit was granted; and
(C) One year of employment for each 12-month
period or major fraction thereof, calculated from the date on which membership
is established in the system to the date of disability; and
(D) Up to 90 days for sick leave used after
the date of disability. No other leave of absence after the date of disability
will county toward years of employment.
(5) A member's disability retirement
allowance shall be calculated based on:
(a)
Creditable service; and
(b) Granted
service if the member had not attained:
(A)
Age 55 if the last qualifying position was as a police officer or a
firefighter.
(B) Age 58 if the last
qualifying position was as other than a police officer or
firefighter.
(6) Granted service is:
(a) Not included in the calculation of
increased benefits payable under ORS
238.364.
(b) Included in the calculation of increased
benefits payable under ORS
238.366.
(7) Termination of membership.
Disability retirement allowances are available only to PERS members. Former
PERS members who have terminated their membership pursuant to ORS
238.095 are not eligible to receive PERS disability retirement allowances.
Statutory/Other Authority: ORS
238.650
Statutes/Other Implemented: ORS
238.320 - 238.345
