OAR 459-005-0001
Definitions, Generally


The words and phrases used in OAR Chapter 459 have the same meaning given them in ORS Chapters 237, 238, 238A, and 243 unless otherwise indicated. Specific and additional terms used in OAR Chapter 459 generally are defined as follows unless context requires otherwise:

(1)

“Ad hoc” means one-time for a specific purpose, case, or situation without consideration of a broader application.

(2)

“After-tax” contributions means:

(a)

Member contributions required or permitted by ORS 238.200 (Employee contributions generally) or 238.515 (Contributions), which a participating employer has not elected to “pick up,” assume or pay in accordance with ORS 238.205 (Payment of employee contribution by employer) and 238.515 (Contributions)(b). “After-tax” contributions are included in the member’s taxable income for purposes of state or federal income taxation at the time paid to PERS. “After-tax” contributions are included in computing FAS and in computing the employer’s contributions paid to PERS.

(b)

Payments made by a member to PERS for the purchase of additional benefits.

(3)

“Before-tax” contributions means member contributions required or permitted by ORS 238.200 (Employee contributions generally) or 238.515 (Contributions), which a participating employer has elected to “pick up,” assume or pay in accordance with ORS 238.205 (Payment of employee contribution by employer) and 238.515 (Contributions)(b). “Before-tax” contributions are not included in the member’s taxable income for purposes of state or federal income taxation at the time paid to PERS. “Before-tax” contributions are included in:

(a)

Computing final average salary; and

(b)

Computing the employer’s contributions paid to PERS if the employer has elected to “pick up” the member contributions.

(4)

“Business day” means a day Monday through Friday when PERS is open for business.

(5)

“Calendar month” means a full month beginning with the first calendar day of a month and ending on the last calendar day of that month.

(6)

“Calendar year” means 12 consecutive calendar months beginning on January 1 and ending on December 31.

(7)

“Casual worker” means an individual engaged for incidental, occasional, irregular, or unscheduled intervals or for a period of less than six consecutive calendar months.

(8)

“Contributions” means any contributions required or permitted pursuant to ORS 238.200 (Employee contributions generally) or 238.515 (Contributions).

(9)

“Differential wage payment” means a payment made on or after January 1, 2009:

(a)

By an employer to a member with respect to any period during which the member is performing service in the uniformed services, as defined in USERRA, while on active duty for a period of more than 30 consecutive days; and

(b)

That represents all or a portion of the wages the member would have received from the employer if the member were performing service for the employer.

(10)

“Effective date of withdrawal” means the later of:

(a)

The first day of the calendar month in which PERS receives a completed application from a member who requested a withdrawal; or

(b)

The first day of the second calendar month following the calendar month in which the member terminated employment with all participating employers and all employers in a controlled group with a participating employer.

(11)

“Effective retirement date” means:

(a)

For Tier One and Tier Two service retirements, the date described in OAR 459-013-0260 (Effective Date Used in the Establishment of Service Retirement Benefits).

(b)

For Tier One and Tier Two disability retirements, the date described in OAR 459-015-0001 (Definitions).

(c)

For OPSRP Pension Program service retirements, the date described in OAR 459-075-0175 (Effective Date Used in the Establishment of OPSRP Pension Program Benefits).

(12)

“Elected official” means an individual who is a public official holding an elective office or an appointive office with a fixed term for the state or for a political subdivision of the state who has elected to participate in PERS pursuant to ORS 238.015 (Membership generally)(5).

(13)

“Emergency worker” means an individual engaged in case of emergency, including fire, storm, earthquake, or flood.

(14)

“Employee” has the same meaning as provided in ORS 238.005 (Definitions) and shall be determined in accordance with OAR 459-010-0030 (Determination of Employee Status).

(a)

For the purposes of ORS 238.005 (Definitions) to 238.750 (Short title) the term “employee” includes public officers whether elected or appointed for a fixed term.

(b)

The term “employee” does not include:

(A)

A member of the governing board of a political subdivision unless the individual qualifies for membership under ORS 238.015 (Membership generally).

(B)

An individual who performs services for a public employer as a contractor in an independently established business or as an employee of that contractor as determined in accordance with OAR 459-010-0032 (Determination of Independent Contractor Status).

(C)

An individual providing volunteer service to a public employer without compensation for hours of service as a volunteer, except for volunteer firefighters who establish membership in accordance with ORS 238.015 (Membership generally)(6).

(15)

“Employer contribution account” means a record of employer contributions to the Fund, as required by ORS 238.225 (Employer contributions)(1), and investment earnings attributable to those contributions, that the Board has credited to the account after deducting amounts required or permitted by ORS Chapter 238 (Public Employees Retirement System).

(16)

“Employment” is compensated service to a participating employer as an employee whose:

(a)

Period or periods of employment includes only the actual hours of compensated service with a participating employer as an employee; and

(b)

Compensated service includes, but is not limited to, paid vacation, paid sick leave, or other paid leave.

(17)

“Estimate” means a projection of benefits prepared by staff of a service or disability retirement allowance, a death or a refund payment. An estimate is not a guarantee or promise of actual benefits that eventually may become due and payable, and PERS is not bound by any estimates it provides.

(18)

“FAS” and “final average salary” have the same meaning as provided in:

(a)

ORS 238.005 (Definitions) for all PERS Tier One members;

(b)

ORS 238.435 (Provisions applicable to persons establishing membership on or after January 1, 1996)(2) for all PERS Tier Two members who are not employed by a local government as defined in ORS 174.116 (“Local government” and “local service district” defined);

(c)

ORS 238.435 (Provisions applicable to persons establishing membership on or after January 1, 1996)(4) for all PERS Tier Two members who are employed by a local government as defined in ORS 174.116 (“Local government” and “local service district” defined); or

(d)

ORS 238.535 (Service retirement allowance)(2) for judge members of PERS for service as a judge.

(19)

“General service member” means membership in PERS as other than a judge member, a police officer, a firefighter, or a legislator.

(20)

“Good cause” means a cause beyond the reasonable control of an individual. “Good cause” exists when it is established by satisfactory evidence that factors or circumstances are beyond the reasonable control of a rational and prudent individual of normal sensitivity, exercising ordinary common sense.

(21)

“Independent contractor” means an individual or business entity that is not subject to the direction and control of the employing entity as determined in accordance with OAR 459-010-0032 (Determination of Independent Contractor Status).

(22)

“Judge member” has the same meaning as provided in ORS 238.500 (Definitions for ORS 238.500 to 238.585)(3). For purposes of this chapter, active, inactive, and retired membership of a judge member shall have the same meaning as provided in ORS 238.005 (Definitions).

(23)

“Legislator” means an individual elected or appointed to the Oregon Legislative Assembly who has elected to participate in PERS for their legislative service.

(24)

“Member cost” means after-tax member contributions and payments made by or on behalf of a member to purchase additional benefits.

(25)

“Participating employer” means a public employer who has one or more employees who are active members of PERS.

(26)

“PERS” and “system” have the same meaning as the Public Employees Retirement System in ORS 238.600 (System established).

(27)

“Public university” means a public university with a governing board as listed in ORS 352.002 (Public universities).

(28)

“Qualifying position” has the same meaning as provided in ORS 238.005 (Definitions) and OAR 459-010-0003 (Eligibility and Membership for the PERS Tier One/Tier Two Program).

(29)

“Regular account” means the account established under ORS 238.250 (Regular accounts) for each active and inactive member who has made contributions to the Fund or the account of an alternate payee of such a member.

(30)

“Salary” has the same meaning as provided in ORS 238.005 (Definitions).

(a)

“Salary” includes a differential wage payment, as defined in this rule.

(b)

For a Tier One member, a lump sum payment for accrued vacation pay is considered salary:

(A)

In determining employee and employer contributions.

(B)

In determining final average salary for the purpose of calculating PERS benefits.

(c)

For a Tier Two member, a lump sum payment for accrued vacation pay:

(A)

Is considered salary in determining employee and employer contributions.

(B)

Is not considered salary in determining final average salary for the purpose of calculating PERS benefits.

(31)

“Seasonal worker” means an individual whose engagement is characterized as recurring for defined periods that are natural divisions of the employer’s business cycle or services.

(32)

“Staff” means the employees of the Public Employees Retirement System as provided for in ORS 238.645 (Director and staff).

(33)

“Tier One member” means a member who established membership in the system before January 1, 1996, as defined in ORS 238.430 (Limitation on benefits payable to persons establishing membership on or after January 1, 1996)(2).

(34)

“Tier Two member” means a member who established membership in the system on or after January 1, 1996, in accordance with ORS 238.430 (Limitation on benefits payable to persons establishing membership on or after January 1, 1996).

(35)

“USERRA” means the federal Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. 4301-4334, as in effect on the effective date of this rule.

(36)

“Vacation pay” means a lump sum payment for accrued leave in a Vacation Leave Program provided by a public employer which grants a period of exemption from work for rest and relaxation with pay, and does not include:

(a)

Sick leave programs;

(b)

Programs allowing the accumulation of compensatory time, holiday pay or other special leaves unless the public employer’s governing body indicates by resolution, ordinance, or other legislative process, that such leave is intended to serve as additional vacation leave; and

(c)

Other programs, such as a Personal Time Off (PTO) plan, which are a combination of vacation, sick, bereavement, personal and other leaves of pay as defined and described by a public employer unless the employer has a written policy that clearly indicates the percentage of the plan that represents vacation leave. If the employer’s PTO has a cash option, the employer must report to PERS the amount of any lump sum pay-off for the percentage that represents vacation leave.

(37)

“Variable account” and “member variable account” mean the account in the Variable Annuity Account established under ORS 238.260 (Variable Annuity Account)(2) for each active and inactive member who has elected to have amounts paid or transferred into the Variable Annuity Account.

(38)

“Variable Annuity Account” means the account established in ORS 238.260 (Variable Annuity Account)(2).

(39)

“Volunteer” means an individual who performs a service for a public employer, and who receives no compensation for the service performed. The term “volunteer” does not include an individual whose compensation received from the same public employer for similar service within the same calendar year exceeds the reasonable market value for such service.

(40)

“Working day” means a day that the employer is open for business. Unless the employer communicates this information to PERS, PERS will presume an employer’s “working day” is the same as a “business day,” as defined in section (4) of this rule.

(41)

“Year” means any period of 12 consecutive calendar months.

Source: Rule 459-005-0001 — Definitions, Generally, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=459-005-0001.

459‑005‑0001
Definitions, Generally
459‑005‑0005
Amendments to Retirement Law
459‑005‑0010
Public Employees Retirement Fund, A Trust
459‑005‑0025
Student Employee
459‑005‑0030
Payments of Sums to Persons Entitled Thereto
459‑005‑0040
Verification of Retirement Data
459‑005‑0055
Actuarial Equivalency Factors
459‑005‑0060
Standards for the Adoption of New Actuarial Equivalency Factors
459‑005‑0100
Definitions — Member’s Fiduciary
459‑005‑0110
Fiduciary Document Requirements
459‑005‑0130
Termination of Member’s Fiduciary
459‑005‑0140
Permissible Actions Under A Fiduciary Document
459‑005‑0150
Effective Date of Fiduciary Document Rules
459‑005‑0180
Incapacity of Members, Beneficiaries, and Alternate Payees
459‑005‑0210
Transmittal of Reports and Documents
459‑005‑0215
Transmittal of Remittances or Payments
459‑005‑0220
Receipt Date for Reports, Documents, Remittances, Payments, Data, and Requests
459‑005‑0225
Requirement to Make Payments by Electronic Funds Transfer
459‑005‑0250
Recovery of Administrative Costs
459‑005‑0260
Accounts Receivable — Fraud
459‑005‑0300
Post-Doctoral Scholar
459‑005‑0310
Date of Participation and Transfer of Employee Funds to the Optional Retirement Plan
459‑005‑0350
Membership Status of Persons in Concurrent Employment Eligible to Participate in an Optional or Alternative Retirement Plan
459‑005‑0370
Date of Participation and Transfer of Employee Funds to an Alternative Retirement Plan — OHSU
459‑005‑0400
General Applicability of Attorney General’s Model Public Contract Rules
459‑005‑0506
Plan Compliance with Federal Statutes and Regulations
459‑005‑0510
Cost-of-Living Adjustment
459‑005‑0525
Ceiling on Compensation for Purposes of Contributions and Benefits
459‑005‑0530
Limitation for Employers with Multiple Retirement Plans — for Contributions and Distributions Before January 1, 2000
459‑005‑0535
Annual Benefit Limitation
459‑005‑0540
Permissive Service Credit
459‑005‑0545
Annual Addition Limitation
459‑005‑0560
Required Minimum Distributions, Generally
459‑005‑0580
Trustee-to-Trustee Transfers
459‑005‑0590
General Provisions and Applicability Date — Direct Rollovers
459‑005‑0591
Definitions — Direct Rollovers
459‑005‑0595
Limitations — Direct Rollovers
459‑005‑0599
Election Procedures — Direct Rollovers
459‑005‑0600
Precedence for Pre-Tax and Post-Tax Deductions from Benefit Payment
459‑005‑0605
Reimbursement for Medical Records Requested by PERS
459‑005‑0610
Recovery of Overpayments
459‑005‑0615
Minimum Retroactive Payment
459‑005‑0620
Uncollectible Debt Owed to PERS
Last Updated

Jun. 24, 2021

Rule 459-005-0001’s source at or​.us