OAR 459-005-0530
Limitation for Employers with Multiple Retirement Plans — for Contributions and Distributions Before January 1, 2000

(1)

Defined Benefit Plans. For purposes of OAR 459-005-0535 (Annual Benefit Limitation), Annual Benefit Limitation and, before January 1, 2000, for purposes of section (3) of this rule, all defined benefit plans of an employer, including plans that have been terminated, shall be treated as one defined benefit plan.

(2)

Defined Contribution Plans. For purposes of OAR 459-005-0545 (Annual Addition Limitation), Annual Addition Limitation and, before January 1, 2000, for purposes of section (3) of this rule, all defined contribution plans of an employer, including plans that have been terminated, shall be treated as one defined contribution plan.

(3)

Combined Plan Limitation. If any member also participates in a defined contribution plan maintained by the same employer, the sum of the defined benefit plan fraction and the defined contribution plan fraction for any calendar year before the 2000 calendar year shall not exceed 1.0.

(a)

Defined Benefit Plan Fraction. For purpose of this section, the defined benefit fraction is a fraction with the following numerator and denominator:

(A)

The numerator is the member’s projected annual benefit under the plan, determined as of the close of the year.

(B)

The denominator is the lesser of the following amounts:
(i)
The product of 1.25, multiplied by the applicable dollar limitation for the calendar year, as defined in OAR 459-005-0535 (Annual Benefit Limitation), Annual Benefit Limitation; or
(ii)
Before January 1, 1995, the product of 1.4 multiplied by the member’s 100 percent (100%) of compensation limitation under IRC Section 415(b)(1)(B) for the calendar year.

(b)

The Defined Contribution Plan Fraction. For purposes of this section, the defined contribution plan fraction is a fraction with the following numerator and denominator:

(A)

The numerator is the sum of the annual additions to the member’s account as of the close of the calendar year; and

(B)

The denominator is the sum of the lesser of the following amounts determined for the calendar year and for each prior calendar year of service with the employer:
(i)
The product of 1.25, multiplied by the dollar limitation in effect under IRC Section 415(c)(1)(A) for that calendar year; or
(ii)
The product of 1.4, multiplied by the member’s 25 percent (25%) of compensation limitation under IRC Section 415(c)(1)(B) for the calendar year.

(4)

Employer. For purposes of the limitations in this rule, OAR 459-005-0535 (Annual Benefit Limitation), Annual Benefit Limitation, and OAR 459-005-0545 (Annual Addition Limitation), Annual Addition Limitation, all employers required to be aggregated under IRC Section 414(b) or (c), as modified by IRC Section 415(h), shall be treated as a single employer.

(5)

Reduction in Benefit to Comply With Limitations. If benefits or contributions under another retirement plan, when combined with the benefits under PERS, exceed the limitations in this rule, the benefits under PERS shall be reduced to the extent of the excess and the benefits or contributions under the other plan shall stand.

(6)

Retroactive Application. Except as otherwise provide in this rule, this rule shall be applied retroactively to January 1, 1987.

Source: Rule 459-005-0530 — Limitation for Employers with Multiple Retirement Plans — for Contributions and Distributions Before January 1, 2000, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=459-005-0530.

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 459-005-0530’s source at or​.us