OAR 459-014-0040
Valid Request for Distribution of Pre-Retirement Death Benefits

(1)

For the purposes of this rule, “valid request for distribution” is when PERS receives the last required document PERS has determined necessary to distribute a death benefit to a beneficiary.

(2)

Effective January 1, 2020, a written request for an estimate by a surviving spouse of a Tier One or Tier Two member received no later than 60 days after the member’s date of death will be deemed a preliminary election under ORS 238.395 (Additional death benefit)(2). The surviving spouse then has 60 days after the date of the estimate to notify the Board in a final written election if they elect to receive the benefit provided under ORS 238.395 (Additional death benefit)(2).

(3)

PERS must receive a copy of the death certificate of the deceased member or alternate payee. PERS will provide instructions to a beneficiary identifying additional documents that must be received to make a valid request for distribution. Required documents may include but are not limited to:

(a)

Death Benefit Election;

(b)

Letters of Testamentary/Administration;

(c)

Small Estate Affidavit or out of state equivalent;

(d)

Affidavit of Next of Kin;

(e)

Affidavit of Beneficiary;

(f)

Declaration of Beneficiary;

(g)

Proof of marriage;

(h)

Proof of registered domestic partnership;

(i)

Proof of birth of the beneficiary;

(j)

Trust document or certification of trust;

(k)

Proof of Conservatorship; and

(l)

Proof of Guardianship.

(4)

Earnings crediting for the distribution amount for an IAP account beneficiary will be determined under OAR 459-007-0320 (Crediting Earnings for IAP Account Lump Sum Payments).

Source: Rule 459-014-0040 — Valid Request for Distribution of Pre-Retirement Death Benefits, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=459-014-0040.

Last Updated

Jun. 8, 2021

Rule 459-014-0040’s source at or​.us