Or. Admin. R. 459-005-0040

Current through Register Vol. 63, No. 4, April 1, 2024

Section 459-005-0040 - Verification of Retirement Data

(1) For purposes of this rule:

(a) "Eligible member" means an active or inactive member of the system who is within two years of attaining earliest service retirement age or has attained earliest service retirement age. "Eligible member" does not include a retired member of the system, an alternate payee, or a beneficiary.

(b) "Verification" means a document provided to an eligible member by PERS pursuant to ORS 238.285.

(2)

(a) PERS will determine an eligible member's creditable service, retirement credit, final average salary, member account balance, and accumulated unused sick leave for a verification based on employment data reported to PERS by the member's employers, as reflected in PERS' records. Except as provided in this section, an employer may not modify an eligible member's records after the earlier of the 30th day after PERS notifies the eligible member's employer that a request for a verification has been submitted or the date the employer confirms the records in a manner determined by PERS.

(b) PERS may direct an employer to modify records if PERS determines modification is necessary, such as:

(A) To reconcile the member's records before the verification is issued;

(B) To implement the resolution of a dispute under ORS 238.285(2); or

(C) To reissue a verification under subsection (4)(e) of this rule.

(c) An employer may petition PERS for an extension of the 30-day period described in subsection (a) of this section.

(A) The petition must:

(i) Be specific to an eligible member;

(ii) Specify the duration and end date of the extension requested;

(iii) Be received by PERS no later than the 21st day after notice is issued; and

(iv) Establish good cause why the extension should be granted.

(B) The PERS Executive Director or a person designated by the Director may grant or deny the request.

(C) An employer may not request more than one extension for an eligible member.

(3) For any verification provided by PERS:

(a) All data in a verification will be as of December 31 of the last calendar year before the date the verification is produced for which the Board has adopted annual earnings crediting.

(b) If an eligible member requests an additional verification, an employer may not confirm or modify, nor may a member dispute, by reason of the additional verification, data for periods before the date specified in the most recent verification.

(4) When a member who has received a verification retires for service, PERS may not use amounts less than the amounts verified to calculate the member's retirement allowance or pension, except as permitted in ORS 238.285(3) and this section.

(a) Amounts in a verification may be adjusted if a Tier Two member restores forfeited creditable service and establishes Tier One membership in the manner described in ORS 238.430(2)(b).

(b) Amounts in a verification may be adjusted to comply with USERRA.

(c) Amounts in a verification may be adjusted to implement a judgment, administrative order, arbitration award, conciliation agreement, or settlement agreement.

(d) If, subsequent to the date specified in a verification, a member's account is divided pursuant to ORS 238.465, the member and alternate payee accounts will be used to determine compliance with 238.285(3) and this section.

(e) If the amounts in a verification are adjusted under ORS 238.285(3) or this section, the verification will be reissued by PERS as of the date specified in the original verification.

(5) Erroneous payments or overpayments not recoverable under ORS 238.285(6) will be allocated annually by the Board.

Or. Admin. R. 459-005-0040

PERS 11-2010, f. & cert. ef. 11-24-10; PERS 1-2013, f. & cert. ef. 1-25-13

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

Stats. Implemented: ORS 238.285