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Proposed PERS Administrative Rules
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Proposed Administrative Rules

Accounts Receivable - Fraud
Fraud detection is an important part of PERS' fiduciary duty of ensuring that benefits are properly paid. It is also consistent with our mission "to pay the right person the right benefit at the right time." While PERS has, unfortunately, dealt with fraud situations as they have arisen, it has not previously had a formal process for fraud detection, investigation, and resolution. Historically, PERS has dealt with cases of fraud mainly as a collection matter under ORS 238.715. However, ORS 238.715(8) also recognizes that the recovery and collection remedies authorized under ORS 238.715 are supplemental to any other remedies that may be available.

The purpose of this new rule is to emphasize that PERS will actively pursue all available legal remedies in cases of fraud. These legal remedies include but are not limited to: bringing civil actions under ORS 180.755 against individuals who have committed any of the enumerated acts against PERS such as presenting for payment or approval, or cause to be presented for payment or approval, a claim that the individual knows is a false claim; also, bringing criminal charges against individuals who have defrauded or attempted to defraud PERS by committing criminal acts of perjury, mail theft, forgery, and/or identity theft as these crimes are defined under Chapters 162, 164 and 165 of the Oregon Revised Statutes.

Draft Rule: 459-005-0260

Disability
Update definition of physician to address circular issue between definition and specialist requirements; new definition for other health practitioners; address effect of unemployment benefits in determining disability eligibility; add physical capacity to independent evaluations; clarify periodic review standard; and new rule for burden of proof at hearings for OPSRP.

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
 
Rulemaking Schedule
 Updated August 4, 2016
OAR Title Notice to Board Public Hearing Public comment ends Expected adoption date
459-015-0001
459-076-0001​
Disability Definitions ​11/20/15

5/27/16
(First Reading)
12/15/15

6/28/16​
9/2/16 ​9/30/16
459-015-0010
459-015-0050
459-076-0010
Disability/Unemployment
Benefits

1/29/16

5/27/16
(First Reading)

2/23/16

6/28/16

9/2/16

9/30/16
459-015-0020
459-015-0025
459-015-0040
459-076-0020
459-076-0025
459-076-0040
459-076-0050
Disability Eligibility 5/27/16 6/28/16 9/2/16 9/30/16
459-005-0260
    (New)
Accounts Receivable - Fraud 7/29/16 8/23/16 9/2/16 9/30/16
459-017-0060 Reemployed Retirees 9/30/16 10/25/16 10/31/16 11/18/16