OAR 459-045-0020
Court Orders


A final court order must be received by PERS and approved as administrable before an alternate payee award can be established.


PERS shall provide a written response as to whether a final court order is administrable to the member, the alternate payee, and their attorneys.


Award information shall be provided to attorneys or other representatives of a member or an alternate payee only if a member release or an alternate payee release has been received by PERS.


In the absence of a final court order, a restraining order or stay must be filed with PERS to prevent the distribution of any funds to a member.


PERS shall establish an alternate payee award from a retired member’s monthly benefit as soon as administratively feasible on a prospective basis only. Court orders that purport to award retroactive benefits or benefits to be paid before the final court order was received by PERS cannot be administered.


If a final court order is received by PERS after a member has withdrawn from PERS under ORS 238.265 (Withdrawal of member account), 238.545 (Withdrawal of member account), 238A.120 (Withdrawal from pension program by vested inactive member) or 238A.375 (Distribution of accounts to inactive member), the final court order will be rejected as unadministrable.
Last Updated

Jun. 8, 2021

Rule 459-045-0020’s source at or​.us