Current through Register Vol. 63, No. 9, September 1, 2024
(1) Definitions.
For the purpose of this rule:
(a) "Effective
date of unit benefits" means the date the member elects to begin receiving unit
benefits.
(b) "End date" means the
date after which earnings are no longer credited to the unit account and is the
later of:
(A) The first of the calendar month
following the date the member reaches age 65; or
(B) The first of the calendar month following
the date the member separates from the service of all participating
employers.
(c) "Unit"
means a unit of additional benefits purchased under ORS
238.440.
(d) "Unit account" means the member's account
in the Fund that is used to purchase unit benefits, which includes actuarially
determined member additional contributions (ORS
238.440(1)) and
earnings.
(e) "Unit benefits" means
the increased benefits a police officer or firefighter may purchase under ORS
238.440.
(2) Crediting annual earnings. Annual
earnings will be credited to the unit account as follows:
(a) For a Tier One member, in the same manner
as provided for Tier One member regular accounts in OAR 459-007-0005.
(b) For a Tier Two member, in the same manner
as provided for Tier Two member regular accounts in OAR 459-007-0005.
(3) Crediting earnings to a
withdrawal. If the unit account is withdrawn under ORS
238.440(4),
earnings will be credited to the unit account as follows:
(a) For a Tier One member, in the same manner
as provided in OAR 459-007-0040(1).
(b) For a Tier Two member, in the same manner
as provided in OAR 459-007-0220(1).
(4) Crediting earnings to unit account upon
refund under ORS 238.440(6). If
a member is no longer eligible to purchase police officer and firefighter units
under 238.440(6),
distribution interest shall be credited to the unit account from the first of
the month following the date the member has been absent from P&F qualified
employment for 5 consecutive years to the date of distribution based on the
average annualized rate.
(5)
Crediting earnings on a lump sum purchase.
(a)
If a member makes a lump sum purchase under ORS
238.440(2) and
elects an effective date of unit benefits that is the same date as the member's
effective retirement date, earnings will not be credited on the lump sum
purchase.
(b) If a member makes a
lump sum purchase under ORS
238.440(2) and
elects an effective date of unit benefits that is later than the member's
effective retirement date, earnings on the member's lump sum purchase from the
date of receipt to the effective date of unit benefits shall be credited to the
unit account as follows:
(A) Earnings from the
date of payment to December 31 of the calendar year of the date of payment, or
the member's effective date of unit benefits, whichever occurs first, shall be
credited to the member's lump sum payment based on the rate derived from the
formula provided in 459-007-0025(3).
(B) Earnings for subsequent calendar years
shall be credited as set forth in section (6) of this rule.
(6) Crediting earnings
to effective date of unit benefits. When a retired member elects to begin
receiving unit benefits under ORS
238.440(1) or
(2), earnings will be credited to the
member's unit account as of the effective date of unit benefits as follows:
(a) For a Tier One member, in the same manner
as provided in the version of OAR 459-007-0070(1) in effect on the effective
date of unit benefits.
(b) For a
Tier Two member, in the same manner as provided in OAR
459-007-0250(1).
(7) If,
after the crediting of earnings under section (5) of this rule, the amount in
the unit account is greater than the actuarially determined amount required at
the time of retirement to purchase the number of units elected, the difference
will be returned to the member in a lump sum. The lump sum shall be credited
with earnings from the effective date of unit benefits to the date of
distribution based on the average annualized rate.
(8) Crediting earnings to end date. If a
member's effective date of unit benefits does not occur before the end date,
earnings from the last annual earnings crediting to the end date shall be
credited to the unit account as follows:
(a)
If earnings for the calendar year before the end date have not yet been
credited to the member's unit account, earnings shall be credited for that year
based on the latest year-to-date calculation available for that year.
(b) Earnings for the calendar year of the end
date shall be credited to the unit account based on the latest year-to-date
calculation as of the end date.
(9) Crediting earnings in the event of death
before the effective date of unit benefits. Upon the death of a member before
the member's effective date of unit benefits, earnings shall be credited to the
unit account:
(a) For a Tier One member, in
the same manner as provided in OAR 459-007-0050 for Tier One regular
accounts.
(b) For a Tier Two
member, in the same manner as provided in OAR 459-007-0230 for Tier Two regular
accounts.
(10) Crediting
earnings in the event of death after the effective date of unit benefits. Upon
the death of a member who is receiving unit benefits, the actuarial present
value of the remaining unit benefits is paid to the member's beneficiary in a
lump sum. No earnings shall be credited to the unit
account.
Example & Formula referenced are available from the
agency.
Stat. Auth: ORS
238.650
Stats. Implemented: ORS
238.440
