Or. Admin. Code § 459-045-0010
Current through Register Vol. 63, No. 12, December 1, 2024
Section 459-045-0010 - Tier One/Tier Two Division of Benefits(1) A final court order that provides for a division of benefits must use a method described in this rule. (a) The method must be identified on PERS divorce forms. (b) The PERS divorce forms must be attached as exhibits to the court order, and incorporated by reference in the court order. (2) Award of Alternate Payee Account (Non-Retired Member). If a final court order provides an award of an alternate payee account, the court order must provide: (a) The date of annulment, separation, divorce, or property settlement. If no date is provided, PERS will use the date the judge signed the court order. The separate account will be established as of December 31 of the calendar year before this date unless: (A) A prior year is provided in the court order; or (B) The date is December 31. (b) That a separate account be established in an alternate payee's name. (c) The method by which the award is to be calculated. One of the following methods must be used: (A) A percentage, expressed with up to two decimal points; or (d) Whether an alternate payee is awarded matching employer dollars. (e) That an alternate payee may elect to receive the award at any time after the member's earliest retirement eligibility. (3) Award of Payment from Member's Benefit (Non-Retired Member). If a final court order awards an alternate payee a reduction or deduction amount from the service or disability retirement benefit that shall be paid in the future to the member, the court order must provide: (a) The date of annulment, separation, divorce, or property settlement. If no date is provided, PERS will use the date the judge signed the court order. (b) Whether the award is a reduction or deduction from the member's benefit. If the award is a reduction, the court order must provide whether the alternate payee is eligible to elect a separate benefit option at any time after the member reaches earliest retirement eligibility. (c) The benefit division calculation method that is applied to both the monthly, and if applicable, lump sum award. One of the following calculation methods must be used: (A) A percentage, expressed with up to two decimal points; (C) A percentage of the married time ratio. The court order must provide: (i) The percentage, expressed with up to two decimal points; and (ii) The years and months of creditable service time accrued by the member during a specified period or while married to the alternate payee. (d) If there is a specific end date or dollar amount limit to the award, and what that date or limit is. (e) Whether the award applies to service retirement benefits, disability retirement benefits, or withdrawal benefits. (f) Whether the member is restricted from withdrawing as a member under ORS 238.265. (g) Whether the member must select a specific benefit payment option at retirement. (h) Whether the member is required to designate the alternate payee as a beneficiary: (A) Before retirement; or (i) Whether an alternate payee award continues after the death of: (4) Award of Benefit (Retired Member). If a final court order awards an alternate payee an amount payable from a retired member's service or disability retirement benefit, the court order must provide: (a) The date of annulment, separation, divorce, or property settlement. If no date is provided, PERS will use the date the judge signed the court order. (b) Whether an alternate payee award is a reduction or deduction from the member's monthly benefit, and if applicable, lump sum. (c) The benefit division calculation method that is applied to both the monthly, and if applicable, lump sum award. One of the following calculation methods must be used: (A) A percentage, expressed with up to two decimal points; or (d) If there is a specific end date or dollar amount limit to the award, and what that date or limit is. (e) Whether the member may or must change their beneficiary designation. If the member's beneficiary designation is changed, the member's monthly benefit must be recalculated. (f) Whether a member who elected Option 2A or 3A under ORS 238.305(1) is allowed to receive the Option 1 benefit under ORS 238.305(6). (g) Whether an alternate payee award continues after the death of: Or. Admin. Code § 459-045-0010
PERS 5-1996, f. & cert. ef. 6-11-96; PERS 21-2005, f. & cert. ef. 11-1-05; PERS 4-2010, f. & cert. ef. 5-28-10; PERS 11-2013, f. & cert. ef. 11-22-13Stat. Auth.: ORS 238.465 & 238.650
Stats. Implemented: ORS 238.465