Oregon Administrative Rules
Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM
Division 5 - ADMINISTRATION
Section 459-005-0040 - Verification of Retirement Data
Universal Citation: OR Admin Rules 459-005-0040
Current through Register Vol. 63, No. 9, September 1, 2024
(1) For purposes of this rule:
(a) "Eligible
member" means an active or inactive member of the system who is within two
years of attaining earliest service retirement age or has attained earliest
service retirement age. "Eligible member" does not include a retired member of
the system, an alternate payee, or a beneficiary.
(b) "Verification" means a document provided
to an eligible member by PERS pursuant to ORS
238.285.
(2)
(a)
PERS will determine an eligible member's creditable service, retirement credit,
final average salary, member account balance, and accumulated unused sick leave
for a verification based on employment data reported to PERS by the member's
employers, as reflected in PERS' records. Except as provided in this section,
an employer may not modify an eligible member's records after the earlier of
the 30th day after PERS notifies the eligible member's employer that a request
for a verification has been submitted or the date the employer confirms the
records in a manner determined by PERS.
(b) PERS may direct an employer to modify
records if PERS determines modification is necessary, such as:
(A) To reconcile the member's records before
the verification is issued;
(B) To
implement the resolution of a dispute under ORS
238.285(2);
or
(C) To reissue a verification
under subsection (4)(e) of this rule.
(c) An employer may petition PERS for an
extension of the 30-day period described in subsection (a) of this section.
(A) The petition must:
(i) Be specific to an eligible
member;
(ii) Specify the duration
and end date of the extension requested;
(iii) Be received by PERS no later than the
21st day after notice is issued; and
(iv) Establish good cause why the extension
should be granted.
(B)
The PERS Executive Director or a person designated by the Director may grant or
deny the request.
(C) An employer
may not request more than one extension for an eligible
member.
(3) For any verification provided by PERS:
(a) All
data in a verification will be as of December 31 of the last calendar year
before the date the verification is produced for which the Board has adopted
annual earnings crediting.
(b) If
an eligible member requests an additional verification, an employer may not
confirm or modify, nor may a member dispute, by reason of the additional
verification, data for periods before the date specified in the most recent
verification.
(4) When a member who has received a verification retires for service, PERS may not use amounts less than the amounts verified to calculate the member's retirement allowance or pension, except as permitted in ORS 238.285(3) and this section.
(a) Amounts in a verification
may be adjusted if a Tier Two member restores forfeited creditable service and
establishes Tier One membership in the manner described in ORS
238.430(2)(b).
(b) Amounts in a verification may be adjusted
to comply with USERRA.
(c) Amounts
in a verification may be adjusted to implement a judgment, administrative
order, arbitration award, conciliation agreement, or settlement
agreement.
(d) If, subsequent to
the date specified in a verification, a member's account is divided pursuant to
ORS 238.465, the member and
alternate payee accounts will be used to determine compliance with
238.285(3) and
this section.
(e) If the amounts in
a verification are adjusted under ORS
238.285(3) or
this section, the verification will be reissued by PERS as of the date
specified in the original verification.
(5) Erroneous payments or overpayments not recoverable under ORS 238.285(6) will be allocated annually by the Board.
Stat. Auth.: ORS 238.650 & 238A.450
Stats. Implemented: ORS 238.285
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