OAR 459-005-0040
Verification of Retirement Data

(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 (Verification of retirement data).

(2)

Intentionally left blank —Ed.

(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 (Verification of retirement data)(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 (Verification of retirement data)(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 (Limitation on benefits payable to persons establishing membership on or after January 1, 1996)(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 (Benefits payable to others under certain judgments), the member and alternate payee accounts will be used to determine compliance with 238.285 (Verification of retirement data)(3) and this section.

(e)

If the amounts in a verification are adjusted under ORS 238.285 (Verification of retirement data)(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 (Verification of retirement data)(6) will be allocated annually by the Board.

Source: Rule 459-005-0040 — Verification of Retirement Data, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=459-005-0040.

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. 8, 2021

Rule 459-005-0040’s source at or​.us