Or. Admin. Code § 459-060-0020

Current through Register Vol. 63, No. 11, November 1, 2024

Section 459-060-0020 - Confidentiality of Member Records

(1) ORS Chapter 192 unconditionally exempts from public disclosure a member's nonfinancial membership records and an active or inactive member's financial recordsmaintained by PERS. PERS may not release such records to anyone other than the member, an authorized representative of the member, or the member's estate except:

(a) Upon the written authorization of the member, or an individual that is legally authorized to act on behalf of the member or the member's estate as to PERS matters; or

(b) As otherwise provided in OAR 459-060-0030.

(2) ORS 192.355(12) conditionally exempts from public disclosure a retired member's financial information maintained by PERS. PERS may not release such records to anyone other than the member, an authorized representative of the member, or the member's estate unless:

(a) To do so would not constitute an unreasonable invasion of privacy and there is clear and convincing evidence that disclosure is in the public's interest;

(b) PERS receives written authorization from the member, or an individual that is legally authorized to act on behalf of the member or the member's estate as to PERS matters; or

(c) Release is provided for under OAR 459-060-0030 or as required under the judgments in PERS v. Oregonian Publishing Company LLC and PERS v. Multimedia Holdings Corporation, dba Statesman Journal and Statesman Journal Media.

(3) Information distributed pursuant to the judgments referenced in section (2)(c) of this rule will be updated not less than annually.

(4)

(a) Subject to subsection (b) of this section, PERS may provide a member's current or former employer with information from the member's records that is otherwise exempt from public disclosure to the extent necessary to enable the employer:

(A) To determine whether a non-PERS retirement plan maintained by the employer complies with any benefit or contribution limitations or nondiscrimination requirement imposed by applicable federal or state law;

(B) To apply any coordination of benefits requirement contained in any non-PERS benefit plan maintained by the employer;

(C) To perform any necessary account reconciliation following an integration of the employer's retirement plan into PERS; or

(D) To reconcile an actuarial valuation.

(b) PERS will not provide the information described in subsection (a) of this section unless the employer demonstrates to the satisfaction of PERS that the information is necessary to accomplish one of the purposes described in paragraphs (A), (B), (C) and (D) of subsection (a) and the employer certifies in writing that it will not disclose the information to any third party except to the extent permitted under this division and ORS 192.355(12).

(5) PERS may disclose to the employer information from the member's records that, as determined by PERS, will enable the employer to properly remit contributions and furnish reports to PERS.

(6) PERS will not provide a mailing list of its members or their dependents to any individual or enterprise.

Or. Admin. Code § 459-060-0020

PERS 8-1996, f. & cert. ef. 11-12-96; PERS 7-2002, f. & cert. ef. 5-24-02; PERS 16-2003, f. & cert. ef. 12-15-03; PERS 12-2010, f. & cert. ef. 11-24-10; PERS 12-2011, f. & cert. ef. 11-23-11; PERS 13-2018, minor correction filed 10/11/2018, effective 10/11/2018; PERS 1-2021, amend filed 02/01/2021, effective 2/1/2021; PERS 13-2022, minor correction filed 08/12/2022, effective 8/12/2022

Statutory/Other Authority: ORS 192.355 & 238.650

Statutes/Other Implemented: ORS 192.311 - 192.431