Public Employees Retirement System

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Recently Adopted PERS Administrative Rules

Comment on Administrative Rules

PERS Administrative Rules (Chapter 459 can be found on the Oregon State Archives website.)

 

Proposed Administrative Rules

 

Annual Benefit Limitation

The benefit amount payable to any PERS member for a calendar year is limited by Internal Revenue Code Section 415(b). The applicable dollar limitation may be increased by a cost-of-living adjustment, as determined by the IRS. Currently, OAR 459-005-0535 allows for such an adjustment; however, to provide further clarity, PERS staff seek to amend the rule to include language specifying that the cost-of-living adjustment is applied to the applicable dollar limitation for years between a member’s separation from employment and retirement, as well as to the years after the member begins receiving benefits. This clarity is being provided in response to an internal audit that reviewed compliance with the IRS’ Section 415 limitations

Draft rule:     459-005-0535

Disability Definitions and Eligibility

Modify rules regarding disability to update and add definitions; update specialist requirements; address effect of unemployment benefits in determining disability eligibility; clarify when PERS may request evaluations or exams; add physical capacity to independent evaluations; clarify periodic review standard; clarify burden of proof for OPSRP disability.

 

Draft rules:     459-015-0001
459-015-0010
459-015-0020
459-015-0025
459-015-0040
459-015-0050
459-076-0001
459-076-0010
459-076-0020
459-076-0025
459-076-0040
459-076-0050

 

Employer Side Accounts

Employers can make lump-sum payments to PERS in addition to the regular employer contributions calculated as a percent of payroll. Lump-sum contributions can occur when a PERS employer has a budget surplus or chooses to pre-fund their obligations by issuing pension obligation bonds. These lump-sum payments are put into side accounts that are then applied to offset a portion of the employer’s PERS contribution rate.

On March 31, 2017, Governor Kate Brown submitted a letter asking the PERS Board to consider revising the rules around employer side accounts to give employers more flexibility. On April 21, 2017, PERS staff met with the Employer Advisory Group to discuss questions and concerns about the current side-account process and solicit employer input on how the process could be improved. Based on that input, staff is reviewing current rules and processes governing lump-sum payments and side accounts to determine the operational impacts and potential risks of those suggested changes.

In addition, the employer representatives are also preparing to introduce a bill amending ORS 238.229 that, if passed, would have an impact on these employer side account rules.

Therefore, PERS staff is opening these rules for rulemaking and intends to keep the process open until at least the end of the 2017 legislative session.

Staff will return with policy recommendations as to where the current constraints should be eased to facilitate further side accounts by employers, after reviewing public comment and any further stakeholder input as well as the outcome of any efforts to amend the relevant statute.

Draft rules:     459-009-0084
459-009-0085
459-009-0086
459-009-0090

Rulemaking Schedule
Updated September 29, 2017

 

 

 

 

 

 

OAR Title Notice to Board Notice to Board​ Public hearing Public comment ends Expected adoption date
459-015-0001
459-015-0010
459-015-0020
459-015-0025
459-015-0040
459-015-0050
459-076-0001
459-076-0010
459-076-0020
459-076-0025
459-076-0040
459-076-0050
Disability Definitions and Eligibility 2/1/17 1/27/17​ 2/22/17 3/1/17 12/1/17
459-009-0084
459-009-0085
459-009-0086
459-009-0090
Employer Side Accounts 6/1/17
10/1/17
​5/26/17
9/29/17
6/27/17
10/25/17
11/3/17 12/1/17
 
459-005-0535

 

Annual Benefit Limitation 10/1/17 ​9/29/17 10/25/17 11/3/17 12/1/17

459-007-0001
459-007-0005
459-007-0320
459-007-0330
459-080-0015

IAP Target Date Funds

12/1/17

12/1/17

12/22/17

1/5/18

 

12/1/17
(temporary)

2/2/18

TBD

2017 Legislation

12/1/17 ​12/1/17 12/22/17 1/5/18 1/26/18