Oregon Administrative Rules
Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM
Division 76 - OPSRP DISABILITY BENEFIT
Section 459-076-0045 - Cessation of Disability Benefits Upon Reaching Normal Retirement Age

Universal Citation: OR Admin Rules 459-076-0045

Current through Register Vol. 63, No. 9, September 1, 2024

(1) If a member who is receiving an OPSRP disability benefit reaches normal retirement age, as defined in ORS 238A.160, disability benefits will cease as of the first of the following month.

(2) The disability benefit will not automatically convert to a retirement benefit upon the member reaching normal retirement age. The member must apply for service retirement benefits before receiving them. In order to receive a service retirement benefit beginning in the month in which a disability benefit ceases under section (1) above, the member must:

(a) Complete the applicable Service Retirement application(s); and

(b) Submit the application(s) to PERS at least 92 days before the first of the month in which the disability benefit ceases under section (1). In no case will a service retirement benefit become payable during a month in which a member receives a disability benefit or earlier than the first of the month in which an application was submitted.

(3) The OPSRP retirement pension benefit will be based on:

(a) The adjusted salary as set forth in section (4) of this rule; and

(b) The total retirement credit accrued, set forth in section (5) of this rule.

(4) The salary the member was receiving immediately prior to leaving active employment as a result of disability will be adjusted for the cost-of-living for each year after the member left employment and before the member's effective date of service retirement.

(a) Cost-of-living adjustments will be based on the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor and may not exceed a two percent increase or decrease for any year.

(b) Cost-of-living adjustments will be made only for calendar years in which the member received an OPSRP disability benefit for at least six months during a calendar year.

(5) Retirement credit. A member receiving OPSRP disability benefits will accrue retirement credit, as well as hours of service credit toward vesting, for the entire period of disability until:

(a) The member is no longer disabled; or

(b) The member reaches normal retirement age.

(6) The retirement credit will accrue under the same employment classification in which the member was immediately employed prior to becoming disabled.

(7) A member who is receiving disability benefits who reaches normal retirement age and has not applied for a service retirement will become an inactive member on the first of the month following the month in which they reach normal retirement age.

Statutory/Other Authority: ORS 238A.450

Statutes/Other Implemented: ORS 238A.155 & 238A.235

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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.