2021 Oregon Revised Statutes
Chapter 237 - Public Employee Retirement Generally
Section 237.600 - Payment to alternate payee; provisions of judgment, order or settlement; administrative expenses.


(2) A judgment, order or settlement providing for payment to an alternate payee under subsection (1) of this section may also provide:
(a) That payments to the alternate payee may commence, at the election of the alternate payee, at any time after the earlier of:
(A) The earliest date the member would be eligible to receive retirement benefits if the member separates from service; or
(B) The date the member actually separates from service due to death, disability, retirement or termination of employment.
(b) That the alternate payee may elect to receive payment in any form of pension, annuity, retirement allowance, disability benefit, death benefit, refund benefit or other benefit, except a benefit in the form of a joint and survivor annuity, available to the member under the public employer retirement plan, or that would be available to the member if the member retired or separated from service at the time of election by the alternate payee, without regard to the form of benefit elected by the member.
(c) That the alternate payee’s life is the measuring life for the purposes of measuring payments to the alternate payee under the form of benefit selected by the alternate payee.
(d) That death benefits to which the alternate payee has been entitled as the spouse of a member shall be available to the alternate payee after the effective date of the judgment of annulment or dissolution of marriage or of separation.
(3) Subsection (1) of this section applies only to payments made by the public employer retirement plan after the date of receipt by the administrators of the plan of written notice of the judgment, order or agreement and such additional information and documentation as the plan administrators may prescribe.
(4)(a) A judgment, order or agreement providing for payment to an alternate payee under subsection (1) of this section may not provide for payment to an alternate payee of:
(A) Any disability payments provided to a member of a public employer retirement plan in lieu of workers’ compensation benefits pursuant to ORS 656.027 (6), to the extent those payments are to be made before the member attains 55 years of age; or
(B) Any medical or hospital benefits payable to a member as part of a disability benefit provided to a member of a public employer retirement plan in lieu of workers’ compensation benefits pursuant to ORS 656.027 (6), regardless of the member’s age.
(b) Paragraph (a) of this subsection does not prevent a court from considering the disability payments described in that paragraph in making a division of property pursuant to ORS 107.105 or an award of support.
(5) Any public employer or public employer retirement plan that is required by the provisions of this section to make a payment to some person other than a member of the retirement plan offered by the public employer shall charge and collect out of the benefits payable to the member and the other person actual and reasonable administrative expenses and related costs incurred by the public employer or public employer retirement plan in obtaining data and making calculations that are necessary by reason of the provisions of this section. A public employer or public employer retirement plan may not charge more than $300 for total administrative expenses and related costs incurred in obtaining data or making calculations that are necessary by reason of the provisions of this section. A public employer or public employer retirement plan that charges and collects administrative expenses and related costs under the provisions of this subsection shall allocate those expenses between the member of the retirement plan and any other person receiving a benefit from the plan based on the fraction of the benefit received by the member or person.
(6) As used in this section:
(a) "Court" means any court of appropriate jurisdiction of this or any other state or of the District of Columbia.
(b) "Member" means a person entitled to a benefit from a public employer retirement plan.
(c) "Public employer" means the state, one of its agencies, any city, county, municipal or public corporation, any political subdivision of the state or any instrumentality thereof, or an agency created by two or more such political subdivisions to provide themselves governmental services.
(d) "Public employer retirement plan" means any system, program, annuity, contract or other plan established by a public employer for the purpose of providing a pension, annuity, retirement allowance or disability benefit to officers or employees of the public employer. [1993 c.715 §2; 2003 c.576 §403; 2015 c.506 §3]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 06 - Local Government, Public Employees, Elections

Chapter 237 - Public Employee Retirement Generally

Section 237.007

Section 237.350 - Definitions for ORS 237.350 to 237.380.

Section 237.365 - Contribution to fund by city.

Section 237.410 - Definitions for ORS 237.420 to 237.515.

Section 237.414 - Extension of federal Social Security benefits to employees of state and certain political subdivisions.

Section 237.418 - Authority of interstate agencies to extend federal Social Security benefits to their employees.

Section 237.460 - Withholding and remitting of employees’ contributions.

Section 237.490 - Deposit investment and payment of funds.

Section 237.510 - Collection of delinquent contributions.

Section 237.600 - Payment to alternate payee; provisions of judgment, order or settlement; administrative expenses.

Section 237.610 - Definitions for ORS 237.610 and 237.620.

Section 237.620 - Membership of police officers and firefighters in Public Employees Retirement System; death benefits.

Section 237.635 - Mandated increase in benefits payable under systems other than Public Employees Retirement System; limitations.

Section 237.637 - Additional mandated increase in benefits payable under systems other than Public Employees Retirement System; limitation.

Section 237.645 - Options for legislators who are not members of Public Employees Retirement System.

Section 237.650 - Options for legislators who are members of Public Employees Retirement System.

Section 237.655 - Legislator members of state deferred compensation plan.

Section 237.750 - Alternative retirement programs for employees of Harney County Health District.

Section 237.952 - Public Employees Retirement Board; rules.

Section 237.960 - Transfer of assets and administration of retirement fund.

Section 237.976 - Disposition of contributions made under abolished system.