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.

Last Updated

Jun. 8, 2021

Rule 459-010-0300’s source at or​.us