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Proposed PERS Administrative Rules
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Proposed Administrative Rules

AG Model Rules of Procedure

OAR 459-001-0005 adopted the Attorney General's Model Rules of Procedure that became effective on January 1, 2008 as the PERS Board's rules of procedure. The Model Rules were updated on January 31, 2012; the proposed rule modification adopts this new version as the Board's rules of procedure.
 
Draft Rule
459-001-0005
 

Receipt Date

Numerous PERS statutory provisions require receipt of certain items such as documents or payments within a specified time period. OAR 459-005-0220 provides guidelines regarding when items are deemed to be received by PERS. The rule currently provides that any item imaged by PERS that does not display a PERS receipt stamp shall be deemed filed and received on the imaged date or, if the imaged date is later than the due date, then the item shall be deemed filed and received five business days before the imaged date. This window was established in 2007 because, at that time, the agency did not have a centralized process for receiving and imaging items. Past practice was to direct an item to the appropriate business division, which would then stamp the received date on the item before it was sent to imaging.
 
The proposed rule modifications narrow the window from five business days to three business days, for the reasons addressed below. Modifications are also proposed to clarify that the date recorded on PERS' daily cash receipts log and/or check log satisfies the requirement to establish the date of received items.
 
Draft Rule
459-005-0220 
 

Retiree Health Insurance Premium Account (RHIPA)

ORS 238.415 established the Retiree Health Insurance Premium Account (RHIPA) to pay a monthly subsidy toward the cost of healthcare coverage for eligible retired state employees who are not Medicare eligible. This subsidy applies only to members who retire from a state employer and who immediately apply for their monthly benefit.
 
To be eligible for the subsidy, the state employee (or their surviving spouse or dependent) must retire for service or disability and have 8 years or more of "qualifying service." The monthly premium subsidy begins at 50% and incrementally increases up to 100% for 30 years or more of "qualifying service."
These rule revisions clarify that RHIPA eligibility and subsidy are based on "qualifying service" with a state employer only. This statutory interpretation was recently contested and the rule modifications clarify this point. Some housekeeping changes are also proposed to definitions and other non-substantive changes.
 
Draft Rules
459-035-0050
 

Internal Revenue Code and Social Security Limitations

Annually, the Internal Revenue Service revises various dollar limits based on cost of living adjustments. These revisions are used throughout the PERS plan's statutes and rules, but revisions to the limits must be adopted by the legislature or PERS Board to be effective.

The IRS' revisions that are to be effective for calendar year 2014 have been announced. The proposed rule modifications incorporate these adjustments and make non-substantive edits to update citations and effective dates. These updates are necessary to ensure PERS compliance with the IRC's limits on the amount of annual compensation allowed for determining contributions and benefits, annual benefits, and annual additions to PERS.

Secondly, under ORS 238.082, a Tier One or Tier Two retired member who returns to PERS-covered employment may continue to receive their retirement benefits so long as they work less than the number of hours the member can work and not exceed the Social Security annual compensation limits.
The proposed modifications to OAR 459-017-0060 adopt the 2014 Social Security earnings limitations. For these increases to be effective, the PERS Board has to adopt these rule modifications.
 
 
Rulemaking Schedule
OAR Title Public hearing Public comment ends Expected adoption date
459-005-0510
459-005-0520(New)
COLA and Supplementary Payments
11/26/13
3 p.m.
12/6/13 1/31/14
459-070-0100 FAS
11/26/13
3 p.m.
12/6/13 1/31/14
459-001-0030 Data Verification Disputes
11/26/13
3 p.m.
12/6/13 1/31/14

459-005-0525
459-005-0545
459-017-0060
459-080-0500

Social Security income limits and IRS limits

N/A

1/31/14 1/31/14
459-035-0001
459-035-0050
RHIPAA - Qualifying Service
2/25/14
2 p.m.
3/4/14 3/31/14
459-005-0220 Receipt Dates
2/25/14
2 p.m.
3/4/14 3/31/14
459-001-0005 AG's Model Rules
2/25/14
2 p.m.
3/4/14 3/31/14
459-010-0014
459-075-0150
Retirement Credit
4/22/14
2 p.m.
5/1/14 5/30/14