OAR 459-013-0320
Payment of Increased Benefits to an Alternate Payee

(1)

The provisions of this rule apply to an alternate payee who receives retirement benefit payments derived from an “alternate payee account” or a separate benefit option as provided under OAR 459-045-0010 (Tier One/Tier Two Division of Benefits)(2) or (3)(b).

(2)

If an alternate payee is eligible to receive increased benefits under ORS 238.465 (Benefits payable to others under certain judgments)(5), the percentage of the increased benefit payable to the member, as determined under ORS 238.364 (Calculation of increased benefit payable under ORS 238.362), 238.366 (Retirement allowance increase based on years of service), 238.368 (Retirement allowance increases for members who retired before January 1, 1991), and 238.372 (Increased benefits not payable to nonresidents) to 238.384 (Rules), is the increased benefit percentage for which the alternate payee is eligible. If the member predeceases the alternate payee, the increased benefit percentage payable to the member at the time of death remains the increased benefit percentage for which the alternate payee is eligible.

(3)

If the alternate payee is eligible for the increased benefit under section (2), payment of the increased benefit to the alternate payee under ORS 238.372 (Increased benefits not payable to nonresidents) to 238.384 (Rules) is determined by the residency of the alternate payee.

Source: Rule 459-013-0320 — Payment of Increased Benefits to an Alternate Payee, .

Last Updated

Jun. 8, 2021

Rule 459-013-0320’s source at