Or. Admin. Code § 459-045-0001

Current through Register Vol. 63, No. 10, October 1, 2024

Section 459-045-0001 - Definitions

The words and phrases used in this division have the same meaning given them in ORS Chapters 238 and 238A. Specific and additional terms for purposes of this division are defined as follows unless context requires otherwise.

(1) "Administrable" means that the language in a final court order that outlines an alternate payee award can be administered within the provisions of ORS Chapters 238, 238A, and this division.

(2) "Alternate payee" means the recipient of an award of a portion or all of a PERS member's account(s) or benefits as provided for in the terms of any judgment of annulment, dissolution of marriage, dissolution of registered domestic partnership, or separation, or the terms of any court order or court-approved property settlement agreement incident to any judgment of annulment, dissolution of marriage, dissolution of registered domestic partnership, or separation.

(3) "Alternate payee account" means a court-ordered separate account created under ORS 238.465 in the name of an alternate payee.

(4) "Alternate payee release" means a written statement that is signed by the alternate payee and received by PERS authorizing the release of information, and directing to whom and where the information is to be sent pertaining to:

(a) The alternate payee's interest in the member's account(s) or member's vested interest in the Fund;

(b) The alternate payee's account and benefit information if a separate account has been created in the name of the alternate payee;

(c) Benefit information applicable to either subsection (a) or (b) of this section; and

(d) Award information contained in any draft or final court order in regard to the alternate payee on record with PERS.

(5) "Award" means the portion of a member's account(s) or of the member's benefits under ORS Chapter 238 or 238A awarded to an alternate payee by a final court order.

(6) "Court order" means a court decree or judgment of annulment, dissolution of marriage, dissolution of registered domestic partnership, or separation, or the terms of any court order or court-approved property settlement agreement incident to any judgment of annulment, dissolution of marriage, dissolution of registered domestic partnership, or separation, which includes the content of any PERS divorce forms attached as exhibits.

(7) "Deduction" means an alternate payee's award is subtracted from the member's benefit(s) after tax.

(8) "Draft court order" means an order for dividing a PERS account(s) or benefits that has been prepared but not approved or signed by the court or filed with the court clerk, which includes the content of any PERS divorce forms attached as exhibits.

(9) "Final court order" means a court order that has been signed by a judge and shows the stamp of the court clerk or trial court administrator indicating the order is a certified copy of the original record that is on file with the court.

(10) "Joint and survivor annuity" means any retirement annuity option under which a monthly lifetime annuity is payable to a surviving beneficiary of a member.

(11) "Married time ratio" means the fraction in which the numerator is the years and months of creditable service time or retirement credit accrued by the member during a specified period or while married to or in a registered domestic partnership with the alternate payee as provided in the court order and the denominator is the member's total creditable service time or retirement credit accrued by the member at the time of retirement.

(12) "Member" means a person described in ORS 238.005, 238.500(3), or 238A.005, who is the current or former spouse or partner of an alternate payee.

(13) "Member release" means a written statement that is signed by a member and received by PERS authorizing the release of information, and directing to whom and where information is to be sent pertaining to:

(a) The member's account(s);

(b) The member's interest in the Fund;

(c) Benefit information applicable to either subsection (a) or (b) of this section; and

(d) Award information contained in any draft or final court order in regard to the member on record with PERS.

(14) "Partner" has the same meaning as defined in ORS 106.310(2)

(15) "PERS divorce forms" means the forms provided by PERS that must be completed to describe a court order's provisions relating to administration of a member's benefit that is subject to that order.

(16) "Reduction" means an alternate payee's award is subtracted from the member's benefit(s) before tax.

(17) "Registered domestic partnership" has the same meaning as domestic partnership as defined in ORS 106.310(1).

Or. Admin. Code § 459-045-0001

PERS 5-1996, f. & cert. ef. 6-11-96; PERS 3-2003(Temp), f. 6-13-03, cert. ef. 7-1-03 thru 12-26-03; PERS 14-2003, f. & cert. ef. 11-20-03; PERS 19-2005, f. 11-1-05, cert. ef. 1-1-06; PERS 4-2010, f. & cert. ef. 5-28-10

Stat. Auth.: ORS 238.465, 238.650 & 238A.450

Stats. Implemented: ORS 238.465