Public Employees Retirement System
(1)A benefit that is owed to a member or beneficiary of a member under the Public Employees Retirement System shall be forfeited at the end of the system’s plan year in which the benefit becomes due if the Public Employees Retirement Board is unable to locate the member or beneficiary. If the member, beneficiary or any other person thereafter establishes a right to the forfeited benefit, the board shall reinstate the benefit. If the benefit is a periodic payment, the board shall make a retroactive payment to the member, beneficiary or other person in a lump sum for all amounts that would have been paid before reinstatement of the benefit. No interest shall be paid on the benefit for the period commencing when the benefit became due and the date of the retroactive payment.
(2)Death benefits and other amounts payable by reason of the death of a member do not escheat to the state when the member dies without heirs, devisees or beneficiaries designated under ORS 238.390 (Death benefit). If a beneficiary has not been designated under ORS 238.390 (Death benefit), and a personal representative or a person filing a small estate affidavit under ORS 114.505 (Definitions for ORS 114.505 to 114.560) to 114.560 (Exclusive remedy) fails to make claim for the benefits within one year after the member dies, the benefits shall be forfeited to the Public Employees Retirement Fund in the manner provided by subsection (1) of this section and are subject to reinstatement only upon subsequent appointment of a personal representative or the filing of a small estate affidavit in the manner provided by ORS 114.505 (Definitions for ORS 114.505 to 114.560) to 114.560 (Exclusive remedy). If benefits are paid to a personal representative or a person filing a small estate affidavit under ORS 114.505 (Definitions for ORS 114.505 to 114.560) to 114.560 (Exclusive remedy), the personal representative or person filing the affidavit shall return to the board the amount that would otherwise escheat to the state after payment of administrative expenses and claims against the estate. Any amounts returned to the board under this subsection shall be forfeited to the fund. [1999 c.317 §20; 2003 c.625 §2; 2019 c.165 §25]
Law Review Citations
96 OLR 249 (2017)