Oregon Administrative Rules
Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM
Division 45 - DOMESTIC RELATIONS ORDERS
Section 459-045-0012 - OPSRP Pension Program Division of Benefits
Universal Citation: OR Admin Rules 459-045-0012
Current through Register Vol. 63, No. 9, September 1, 2024
(1) A final court order that provides for a division of pension benefits or disability 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 Pension Benefits (Non-Retired Member). If a final court order awards an alternate payee a reduction or deduction amount from the monthly pension benefit that shall be paid in the future to the member, a 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 monthly pension. 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
method by which the monthly 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; or
(C) A percentage of the married time ratio.
If this method is used, the court order must provide:
(i) The percentage, expressed with up to two
decimal points; and
(ii) The years
and months of retirement credit 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 member must select a specific
benefit payment option at retirement.
(f) Whether the member must designate the
alternate payee as beneficiary.
(g)
Whether the alternate payee and any minor children are awarded a percentage of
any pre-retirement death benefit pursuant to ORS
238A.230.
(h) Whether a member may withdraw from the
Individual Account Program pursuant to ORS
238A.375,
thereby cancelling the member's membership in the Public Employees Retirement
System under ORS
238A.120 and forfeiting any and all accrued pension benefits for both member and
alternate payee. If a decree administered under this paragraph (2) is silent on
a member's ability to withdraw from the Individual Account Program (IAP)
pursuant to ORS
238A.375,
the member will not be permitted to withdraw their IAP.
(i) Whether the alternate payee award
continues or ends after the member retires if:
(A) The member dies before the alternate
payee and the member's beneficiary is not the alternate payee.
(B) If the alternate payee dies before the
member.
(3) Award of Pension Benefits (Retired Member). If a final court order awards an alternate payee an amount to be paid from a retired member's monthly pension, 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 monthly pension.
(c) The method by which the monthly 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) 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 the beneficiary designation. If the member's beneficiary is
changed, the member's pension must be recalculated.
(f) Whether a member, who elected to receive
their pension under ORS
238A.190(1)(b) or
(d), is allowed to receive the higher pension
benefit under ORS
238A.190(2)(b).
(g) Whether the alternate payee will be the
sole beneficiary or any remaining share not awarded to the alternate payee
shall be paid to the member's secondary beneficiary if the member dies before
the alternate payee and the alternate payee was the member's
beneficiary.
(h) Whether an
alternate payee award continues or ends if:
(A) The member dies before the alternate
payee and the member's beneficiary is not the alternate payee.
(B) The alternate payee dies before the
member.
(4) Award of Disability Benefits. If a final court order awards an alternate payee an amount to be paid from the monthly disability benefit that is being paid or may 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 monthly disability benefit.
(c) A percentage, expressed with up to two
decimal points, of the member's monthly disability benefit that is awarded to
the alternate payee.
Statutory/Other Authority: ORS 238.465, ORS 238.650 & ORS 238A.450
Statutes/Other Implemented: ORS 238.465
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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