OAR 459-045-0070
Precedence for Benefit Payment Reductions or Deductions

(1)

The order of priority when the alternate payee award is a reduction of a member’s benefit payment is as follows:

(a)

Adjustment for payments to be made from the Benefit Equalization Fund as established under ORS 238.485 (Fund established).

(b)

Withholding for an alternate payee benefit payment.

(c)

Withholding for an overpayment or erroneous payment of benefit.

(d)

Withholding for federal and state income taxes, and other current taxes.

(e)

Withholding in response to support liens in accordance with ORS 238.445 (Benefits exempt from execution, bankruptcy and certain taxes).

(f)

Withholding in response to Internal Revenue Service (IRS) liens.

(g)

Withholding due to other administrable court orders.

(h)

Withholding for a premium payment of a PERS-sponsored health insurance plan.

(i)

Other voluntary withholdings authorized by the Board and elected by the member or beneficiary of the member.

(2)

The order of priority when the alternate payee award is a deduction from a member’s benefit payment is as follows:

(a)

Adjustment for payments to be made from the Benefit Equalization Fund as established under ORS 238.485 (Fund established).

(b)

Withholding for an overpayment or erroneous payment of benefit.

(c)

Withholding for federal and state income taxes, and other current taxes.

(d)

Withholding for an alternate payee benefit payment.

(e)

Withholding in response to support liens in accordance with ORS 238.445 (Benefits exempt from execution, bankruptcy and certain taxes).

(f)

Withholding in response to Internal Revenue Service (IRS) liens.

(g)

Withholding due to other administrable court orders.

(h)

Withholding for a premium payment of a PERS-sponsored health insurance plan.

(i)

Other voluntary withholdings authorized by the Board and elected by the member or beneficiary of the member.

Source: Rule 459-045-0070 — Precedence for Benefit Payment Reductions or Deductions, .

Last Updated

Jun. 8, 2021

Rule 459-045-0070’s source at