OAR 459-045-0032
General Administration for OPSRP Pension Program
(1)
If a retired member changes the beneficiary designation pursuant to a final court order, the member’s monthly benefit must be recalculated.(a)
The benefit recalculation shall be effective the first of the month after the month in which PERS receives a written request from the member to change beneficiary.(b)
The request must provide the full name, a copy of proof of birth, and the relationship of the new beneficiary to the member.(2)
If a final court order provides that a retired member may elect to receive the higher benefit pursuant to ORS 238A.190 (Survivorship benefits)(2), in order to make that election the member must submit a written request to PERS.(3)
A member is released from a court ordered benefit payment option:(a)
If the alternate payee award is a reduction, and(b)
The alternate payee is eligible to elect a separate benefit option at any time after the member’s earliest retirement eligibility and elects to do so on or before the member’s effective retirement date.(4)
An alternate payee award of a member’s disability benefit must end when the member is no longer eligible for a disability benefit pursuant to ORS 238A.235 (Disability benefit)(4).(5)
An alternate payee award of a pre-retirement death benefit is payable only if, at the time of the member’s death, a benefit would be otherwise payable under ORS 238A.230 (Death benefit)(1).(6)
Intentionally left blank —Ed.(a)
PERS shall provide to the alternate payee a written summary of the information used in calculating the alternate payee’s pension or benefit. An alternate payee may dispute the accuracy of the information used in making the calculation by filing a written notice with PERS by the later of:(A)
The 30th day after the date on which the calculation and information is provided to the alternate payee under this section; or(B)
The 30th day after the issue date of the first actual, not estimated, payment of a pension or benefit to the alternate payee.(b)
Upon receiving a notice as described above, PERS shall determine the accuracy of the disputed information and make a written decision either affirming the accuracy of the original information and calculation or changing the calculation using corrected information. PERS shall provide the alternate payee a copy of the decision and a written explanation of any applicable statutes and rules.(c)
This section does not limit any authority of PERS to correct an incorrect computation of any retirement allowance or benefit.(7)
If an alternate payee was a partner of the member, the award to the alternate payee is a distribution to the member for federal tax purposes. Therefore an award of a monthly benefit amount as described in OAR 459-045-0012 (OPSRP Pension Program Division of Benefits)(2)(b), (3)(b), and (4)(b) is only administrable as a deduction from the member’s monthly payment.
Source:
Rule 459-045-0032 — General Administration for OPSRP Pension Program, https://secure.sos.state.or.us/oard/view.action?ruleNumber=459-045-0032.