| Proposed PERS Administrative Rules |
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| Proposed Administrative Rules |
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Public Records Requests
Modifies public records rules to comply with Senate Bill 554 (2007), which amends ORS 192.440 to require a prompt response acknowledging receipt of a public records request and that a public body must make a written procedure for making public records requests available to the public.
Sets forth how to request public records, including content of the request and associated fees and costs, as well as the staff response to public records requests.
Employer Participation
Modifications to OAR 459-070-0050 establish that an employer who applies to participate in the Oregon Public Service Retirement Plan (OPSRP) must participate in the OPSRP Pension Program, the Individual Account Program, and the PERS Chapter 238 Program. Modifications to OAR 459-075-0010 eliminate provisions regarding concurrent membership in OPSRP and the PERS Chapter 238 Program.
Rollovers to Roth IRAs
The Pension Protection Act of 2006 (PPA) allows plan sponsors to permit participants receiving eligible rollover distributions to roll the distribution to a Roth IRA. The IRS has recently indicated it is mandatory for plan sponsors to offer this option to plan participants. Accordingly, PERS is starting the process of amending four administrative rules to reflect this ability, retroactive to January 1, 2008.
Oregon University System Optional Retirement Plan
The rule modifications clarify that the effective date of an employee’s election to participate in the Oregon University System Optional Retirement Plan (ORP) is the first of the month following six months of employment. They also clarify the definitions of the accounts subject to transfer to the ORP. The modifications establish that a member’s request to transfer an account to the ORP pursuant to ORS 243.800(6) will be considered a request to transfer all accounts the member has in PERS to the ORP and administered as such by PERS.
Draft Rule: 459-005-0310.pdf
ETOB
The modifications to these rules change the timing of and the standard by which the PERS Board will review the non-PERS sponsored benefit plans of those police officer and firefighters employed by public employers to ensure that they are equal to or better than (ETOB) pension benefits offered by PERS. These changes eliminate the requirement that the Board schedule an ETOB review every two years and replaces it with a new method by which the study will be engaged by the Board. The rules are also being modified to reflect a new ETOB standard that sets the comparative benchmark for the study to the PERS pension benefits that were in effect at the time the employee was hired.
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| Rulemaking Schedule |
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