Oregon Administrative Rules
Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM
Division 45 - DOMESTIC RELATIONS ORDERS
Section 459-045-0010 - Tier One/Tier Two Division of Benefits
Universal Citation: OR Admin Rules 459-045-0010
Current through Register Vol. 63, No. 9, September 1, 2024
(1) A final court order that provides for a division of benefits must use a method described in this rule.
(a) The method must be identified on PERS
divorce forms.
(b) The PERS
divorce forms must be attached as exhibits to the court order, and incorporated
by reference in the court order.
(2) Award of Alternate Payee Account (Non-Retired Member). If a final court order provides an award of an alternate payee account, the court order must provide:
(a) The date of annulment, separation,
divorce, or property settlement. If no date is provided, PERS will use the date
the judge signed the court order. The separate account will be established as
of December 31 of the calendar year before this date unless:
(A) A prior year is provided in the court
order; or
(B) The date is December
31.
(b) That a separate
account be established in an alternate payee's name.
(c) The method by which the award is to be
calculated. One of the following methods must be used:
(A) A percentage, expressed with up to two
decimal points; or
(B) A dollar
amount.
(d) Whether an
alternate payee is awarded matching employer dollars.
(e) That an alternate payee may elect to
receive the award at any time after the member's earliest retirement
eligibility.
(3) Award of Payment from Member's Benefit (Non-Retired Member). If a final court order awards an alternate payee a reduction or deduction amount from the service or disability retirement benefit that shall be paid in the future to the member, the court order must provide:
(a) The date of
annulment, separation, divorce, or property settlement. If no date is provided,
PERS will use the date the judge signed the court order.
(b) Whether the award is a reduction or
deduction from the member's benefit. If the award is a reduction, the court
order must provide whether the alternate payee is eligible to elect a separate
benefit option at any time after the member reaches earliest retirement
eligibility.
(c) The benefit
division calculation method that is applied to both the monthly, and if
applicable, lump sum award. One of the following calculation methods must be
used:
(A) A percentage, expressed with up to
two decimal points;
(B) A dollar
amount; or
(C) A percentage of the
married time ratio. The court order must provide:
(i) The percentage, expressed with up to two
decimal points; and
(ii) The years
and months of creditable service time accrued by the member during a specified
period or while married to the alternate payee.
(d) If there is a specific end
date or dollar amount limit to the award, and what that date or limit is.
(e) Whether the award applies to
service retirement benefits, disability retirement benefits, or withdrawal
benefits.
(f) Whether the member
is restricted from withdrawing as a member under ORS
238.265.
(g) Whether the member must select a specific
benefit payment option at retirement.
(h) Whether the member is required to
designate the alternate payee as a beneficiary:
(A) Before retirement; or
(B) At retirement.
(i) Whether an alternate payee award
continues after the death of:
(A) The member;
or
(B) The alternate payee.
(4) Award of Benefit (Retired Member). If a final court order awards an alternate payee an amount payable from a retired member's service or disability retirement benefit, the court order must provide:
(a)
The date of annulment, separation, divorce, or property settlement. If no date
is provided, PERS will use the date the judge signed the court order.
(b) Whether an alternate payee
award is a reduction or deduction from the member's monthly benefit, and if
applicable, lump sum.
(c) The
benefit division calculation method that is applied to both the monthly, and if
applicable, lump sum award. One of the following calculation methods must be
used:
(A) A percentage, expressed with up to
two decimal points; or
(B) A
dollar amount.
(d) If
there is a specific end date or dollar amount limit to the award, and what that
date or limit is.
(e) Whether the
member may or must change their beneficiary designation. If the member's
beneficiary designation is changed, the member's monthly benefit must be
recalculated.
(f) Whether a member
who elected Option 2A or 3A under ORS
238.305(1) is
allowed to receive the Option 1 benefit under ORS
238.305(6).
(g) Whether an alternate payee
award continues after the death of:
(A) The
member; or
(B) The alternate
payee.
Stat. Auth.: ORS 238.465 & 238.650
Stats. Implemented: ORS 238.465
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