Current through Register Vol. 63, No. 9, September 1, 2024
(1) As used in this rule:
(a) "Deferred Compensation Program" means the
Oregon Savings Growth Plan (OSGP), the PERS Board as Trustee of the OSGP, the
PERS Director as Administrator of the OSGP, and any OSGP staff
member.
(b) "Document" means any
document that is not specifically excluded under sections (3) and (8) of this
rule, including, but not limited to, any petition, written request, or other
document related to the appeal of a staff or Board action under OAR
459-001-0030, 459-001-0032, or 459-001-0035.
(c) "PERS" means the PERS Board, the PERS
Director, the PERS Health Insurance Program which is administered by PERS under
ORS Chapter 238, and any PERS staff member.
(2) Unless otherwise provided for in this
rule, information, reports, or documents may be transmitted to PERS or the
Deferred Compensation Program by personal delivery or by use of:
(a) The United States Postal Service
(USPS);
(b) A private express
carrier as defined in ORS
293.660(2);
(c) Telephonic facsimile communication
(fax);
(d) Electronic mail through
the Internet (email); or
(e) PERS'
Online Member Services (OMS);
(f)
Other sources approved by the Director for the transmission of reports or
documents.
(3) The
following original documents shall be accepted by PERS or the Deferred
Compensation Program only if transmitted in person, or by use of USPS or by
private express carrier:
(a) Contracts and
Agreements pertaining to the merger or integration of other retirement systems
into PERS.
(b) Any request by a
member for confidential information under provisions of ORS
192.355(12).
(c) Subpoenas, garnishments, summons, and
other legal documents that require service on PERS. These documents will not be
accepted unless they are served in accordance with applicable law.
(4) The following standards shall
be observed when transmitting any information, report, or document to PERS or
the Deferred Compensation Program by fax or email. Failure to comply with these
standards shall result in the PERS or the Deferred Compensation Program not
accepting the information, report, or document:
(a) The quality of the original hard copy
shall be clear and dark enough to transmit legibly.
(b) Any information, report, or document
requiring signature shall be signed prior to being transmitted.
(c) If PERS or the Deferred Compensation
Program requests the transmission of a specific form, the transmission shall be
on forms furnished by PERS or the Deferred Compensation Program or substitute
forms previously approved by PERS or the Deferred Compensation Program,
respectively.
(d) Any PERS or
Deferred Compensation Program report or form shall be completed as required in
PERS instructions.
(e) If PERS or
the Deferred Compensation Program requests the transmission of a report or
document that is part of a longer report or document, or contains multiple
pages, then the entire text of the report or document must be transmitted. Both
sides of any two-sided PERS or Deferred Compensation Program form are to be
transmitted.
(f) For a report or
document that requires accompanying documentation, all components shall be
transmitted together as one transmission.
(g) The first sheet of the transmission shall
indicate the number of pages being transmitted, and shall contain a telephone
number to call if there are problems with the transmission.
(h) Neither the original nor any additional
copies of the facsimile filings should be filed with PERS.
(i) The sender shall maintain the original of
the document with the original notarization or signature affixed, as well as
proof of fax transmission.
(5) PERS or the Deferred Compensation Program
may require the original, or a certified copy of the original, where a question
of authenticity arises.
(6) State
regulations require encrypted messaging systems for communicating confidential
information such as date of birth, Social Security number, or personal medical
information. Because email communications for PERS and the Deferred
Compensation Program are not encrypted, it is PERS' policy to not use email for
sharing confidential information. Only information, reports, or documents not
otherwise protected under the provisions of ORS
192.355,
which do not contain confidential information, may be transmitted by email. If
confidential information is transmitted by email to PERS or the Deferred
Compensation Program, PERS cannot guarantee that such information may not be
intercepted and read by other parties besides the person to whom it is
addressed.
(7) Information,
reports, or documents submitted to PERS or the Deferred Compensation Program
may become a public record. Public records may be subject to public inspection
and copying, if not otherwise protected by federal or state law.
(8) This rule does not address the
transmission of a remittance, a payment, a remittance advice or a payment
advice, which is addressed in OAR 459-005-0215.
Statutory/Other Authority: ORS
238.650
Statutes/Other Implemented: ORS
238.005-238.750,
192.355, 243.435 & 243.470
