Public Employees Retirement System

ORS 238.265
Withdrawal of member account


(1)

Except as otherwise provided in this section, a member of the Public Employees Retirement System may withdraw from the Public Employees Retirement Fund the amount credited to the member account, if any, for the member if:

(a)

The member is separated from all service with participating public employers;

(b)

The member is separated from all service with employers who are treated as part of a participating public employer’s controlled group under the federal laws and rules governing the status of the system and the fund as a qualified governmental retirement plan and trust;

(c)

The member has not attained earliest service retirement age; and

(d)

The separation from service is not by reason of death or disability.

(2)

If a member wishes to withdraw the member account, if any, of the member under this section, the member must transmit to the Public Employees Retirement Board a withdrawal request. The board shall deny the withdrawal, or shall take all reasonable steps to recover withdrawn amounts, if:

(a)

The board determines that the separation is not a bona fide separation; or

(b)

The member fails to remain absent from the service of all employers described in subsection (1) of this section for at least one calendar month following the month in which the member separates from service.

(3)

If a member has contributed to the fund in each of five calendar years and has separated from all service in the manner described in subsection (1) of this section before reaching earliest service retirement age, the member may elect to withdraw the member account of the member under this section at any time before reaching earliest service retirement age. If the inactive member does not make an election to withdraw under this section, the member shall be paid the benefits or retirement allowances described in ORS 238.425 (Benefits payable to vested inactive member).

(4)

A member who has an individual account or accounts in the individual account program established under ORS chapter 238A may withdraw a member account under this section only if the member also withdraws all individual accounts pursuant to ORS 238A.375 (Distribution of accounts to inactive member). A member who has an account established under ORS 238.440 (Optional purchase of benefit units by police and firefighters) may withdraw a member account under this section only if the member also withdraws the account established under ORS 238.440 (Optional purchase of benefit units by police and firefighters).

(5)

Withdrawal of a member account under this section cancels all membership rights in the system, including the right to claim credit for any employment before withdrawal. [Formerly 237.111 (2); 1999 c.317 §5; 2001 c.945 §48; 2003 c.67 §11; 2007 c.52 §1; 2019 c.355 §12]
Note: The amendments to 238.265 (Withdrawal of member account) by section 12, chapter 355, Oregon Laws 2019, become operative July 1, 2020. See section 60, chapter 355, Oregon Laws 2019. The text that is operative until July 1, 2020, is set forth for the user’s convenience.
238.265 (Withdrawal of member account). (1) Except as otherwise provided in this section, a member of the Public Employees Retirement System may withdraw from the Public Employees Retirement Fund the amount credited to the member account, if any, for the member if:

(a)

The member is separated from all service with participating public employers;

(b)

The member is separated from all service with employers who are treated as part of a participating public employer’s controlled group under the federal laws and rules governing the status of the system and the fund as a qualified governmental retirement plan and trust;

(c)

The member has not attained earliest service retirement age; and

(d)

The separation from service is not by reason of death or disability.

(2)

If a member wishes to withdraw the member account, if any, of the member under this section, the member must transmit to the Public Employees Retirement Board a withdrawal request. The board shall deny the withdrawal, or shall take all reasonable steps to recover withdrawn amounts, if:

(a)

The board determines that the separation is not a bona fide separation; or

(b)

The member fails to remain absent from the service of all employers described in subsection (1) of this section for at least one calendar month following the month in which the member separates from service.

(3)

If a member has contributed to the fund in each of five calendar years and has separated from all service in the manner described in subsection (1) of this section before reaching earliest service retirement age, the member may elect to withdraw the member account of the member under this section at any time before reaching earliest service retirement age. If the inactive member does not make an election to withdraw under this section, the member shall be paid the benefits or retirement allowances described in ORS 238.425 (Benefits payable to vested inactive member).

(4)

A member who is vested in the pension program established under ORS chapter 238A and who is eligible to withdraw from the pension program under ORS 238A.120 (Withdrawal from pension program by vested inactive member) may withdraw a member account under this section only if the member also withdraws from the pension program. A member who has an individual account or accounts in the individual account program established under ORS chapter 238A may withdraw a member account under this section only if the member also withdraws all individual accounts pursuant to ORS 238A.375 (Distribution of accounts to inactive member). A member who has an account established under ORS 238.440 (Optional purchase of benefit units by police and firefighters) may withdraw a member account under this section only if the member also withdraws the account established under ORS 238.440 (Optional purchase of benefit units by police and firefighters).

(5)

Withdrawal of a member account under this section cancels all membership rights in the system, including the right to claim credit for any employment before withdrawal.

(formerly 237.111)

Atty. Gen. Opinions

Retroactive credit for employees of the Legislative Assembly for benefits of the Public Employes' Retirement System, (1973) Vol 36, p 491

Chapter 238

Law Review Citations

96 OLR 249 (2017)


Source

Last accessed
Jun. 26, 2021