OAR 459-010-0300
Involuntary Termination of Membership

(1)

Under ORS 238.618 (Exclusion of employer or employee from system to maintain tax qualification), the Board may terminate a member’s membership when the member’s participation in the system would cause the system or the Public Employees Retirement Fund to lose its tax qualified status.

(2)

The Director is delegated the authority provided under ORS 238.618 (Exclusion of employer or employee from system to maintain tax qualification) to terminate a member’s membership in the Public Employees Retirement System under the following circumstances:

(a)

The member retired and elected the total lump sum option under ORS 238.305 (Optional service retirement allowance calculations)(3);

(b)

The member exceeded the return to work limitations in ORS 238.078 (Reemployment of retired members)(2) and OAR 459-017-0060 (Reemployment of Retired Members)(5) in the six month period following the member’s effective retirement date; and

(c)

The member refuses to re-retire in compliance with those return to work limitations.

Source: Rule 459-010-0300 — Involuntary Termination of Membership, https://secure.sos.state.or.us/oard/view.action?ruleNumber=459-010-0300 (accessed May 26, 2025).

459–010–0000
Purpose and Authority 459–010–0003
Eligibility and Membership for the PERS Tier One/Tier Two Program 459–010–0010
Leave of Absence Without Pay 459–010–0011
Authorized Paid Leave of Absence 459–010–0012
Membership of Community College Employees 459–010–0014
Creditable Service in PERS Chapter 238 Program 459–010–0019
Retirement Eligibility 459–010–0030
Determination of Employee Status 459–010–0032
Determination of Independent Contractor Status 459–010–0035
Six-Month Waiting Period 459–010–0045
Substitution of Annuity 459–010–0055
Withdrawal of Contributions 459–010–0078
Volunteer Service 459–010–0115
Term of Appointive Office 459–010–0125
Eligibility of Volunteer Firefighters 459–010–0175
Computation of Prior Service Credit for Accumulated Seasonal Employment 459–010–0180
Membership of Elected or Appointed Officers 459–010–0300
Involuntary Termination of Membership

May 26, 2025

Rule 459-010-0300's source at or.us

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Location: https://oregon.public.law/rules/oar_459-010-0300

Original Source: Rule 459-010-0300 — Involuntary Termination of Membership, https://secure.sos.state.or.us/oard/view.action?ruleNumber=459-010-0300 (last accessed May 10, 2025).

OAR 459-010-0300 Involuntary Termination of Membership

(1)

(2)

(a)

(b)

(c)

OAR 459-010-0300
Involuntary Termination of Membership