OAR 459-015-0005
Eligibility for Disability Retirement Allowances
(1)
A member must be totally, not partially, disabled and unable to perform any work for which qualified for an extended duration to be eligible for a disability retirement allowance.(2)
In determining a member’s eligibility for a disability retirement allowance, the burden of proof is upon the applicant. The Board is not required to prove whether the applicant is or is not eligible for a disability retirement allowance.(3)
Eligibility requirements for duty disabilities.(a)
To be eligible for a duty disability a member must prove:(A)
The mental or physical incapacitation arose out of and in the course of duty and was not intentionally self-inflicted; and(B)
The on the job injury must be the material contributing cause of the disability even if the member has a pre-existing condition.(b)
For work related stress to be considered the material contributing cause of the disability all of the following criteria must be met:(A)
The employment conditions producing the work-related stress exist in a real and objective sense;(B)
The employment conditions producing the work-related stress are conditions other than conditions generally inherent in every working situation or reasonable disciplinary, corrective or job performance evaluation actions by the employer, or cessation of employment or employment decisions attendant upon ordinary business or financial cycles;(C)
There is a diagnosis of a mental or emotional disorder which is generally recognized in the medical or psychological community; and(D)
There is evidence that the work-related stress arose out of and in the course of employment.(4)
Eligibility requirements for non-duty disabilities. A member applying for non-duty disability retirement must have a minimum of 10 years of employment in a PERS qualifying position as calculated pursuant to ORS 238.320 (Disability retirement allowance)(6).(5)
A member’s disability retirement allowance shall be calculated based on:(a)
Creditable service; and(b)
Granted service if the member had not attained:(A)
Age 55 if the last qualifying position was as a police officer or a firefighter.(B)
Age 58 if the last qualifying position was as other than a police officer or firefighter.(6)
Granted service is:(a)
Not included in the calculation of increased benefits payable under ORS 238.364 (Calculation of increased benefit payable under ORS 238.362).(b)
Included in the calculation of increased benefits payable under ORS 238.366 (Retirement allowance increase based on years of service).(7)
Termination of membership. Disability retirement allowances are available only to PERS members. Former PERS members who have terminated their membership pursuant to ORS 238.095 (Termination of membership) are not eligible to receive PERS disability retirement allowances.
Source:
Rule 459-015-0005 — Eligibility for Disability Retirement Allowances, https://secure.sos.state.or.us/oard/view.action?ruleNumber=459-015-0005.