(b) Whenever a member of the system is retired for disability and is entitled to receive a retirement allowance or benefit that is payable monthly, and the board is unable to calculate the amount of the monthly payment in time to allow mailing of the monthly payment to the member within 10 days of either the date the board approves the member’s application or the date that the first monthly payment is due, whichever is later, the board shall calculate an estimated amount for the monthly payment based on the information then available to the board and shall mail that payment to the member within 10 days of the date the board approves the member’s disability benefit, the date the board receives the member’s election of one of the optional forms of disability retirement allowance or the date the first monthly payment is due, whichever is later.
(2) The board shall continue to mail estimated payments under subsection (1) of this section until such time as the correct amount of the monthly payment is determined.
(3) The board shall notify the member receiving an estimated payment under subsection (1) of this section that the payment is an estimated payment only. The board shall further notify the member of the provisions of subsection (4) of this section.
(4) If the board determines that any estimated payment made to the member under subsection (1) of this section resulted in payment to the member of an amount other than the correct amount due the member as a retirement allowance or benefit, the board shall immediately so notify the member. Thereafter, the board may increase or decrease the monthly payment to the member until such time as the total difference between the amount or amounts the member received and the amount or amounts the member should have received is accounted for. Thereafter the member shall receive the monthly payment as finally calculated by the board.
(5) If the estimated payment made to the member under subsection (1) of this section results in an underpayment to the member of $10 or more a month, the board shall pay interest on the balance of such underpayment at a rate established by rule of the board until such time as the underpayment is paid to the member pursuant to subsection (4) of this section.
(6) No member shall have any right to any allowance or other benefit other than that provided for in this chapter and ORS chapter 238A based on the board’s estimate under this section or based on any other estimate made by the board for any other purpose under this chapter and ORS chapter 238A. [Formerly 237.159; 2003 c.733 §53; 2005 c.302 §1]
Structure 2021 Oregon Revised Statutes
Volume : 06 - Local Government, Public Employees, Elections
Chapter 238 - Public Employees Retirement System
Section 238.005 - Definitions.
Section 238.008 - Computation of salary.
Section 238.015 - Membership generally.
Section 238.035 - Membership of part but not all employees of a public employer.
Section 238.068 - Membership of legislators.
Section 238.078 - Reemployment of retired members.
Section 238.082 - Limits on hours worked by retired members.
Section 238.088 - Appointment or election of retired member to public office.
Section 238.095 - Termination of membership.
Section 238.105 - Restoration of credit forfeited by reason of termination of membership.
Section 238.125 - Credit for probationary period of employment.
Section 238.135 - Credit for probationary periods in seasonal positions.
Section 238.148 - Credit for service as public safety officer in another state.
Section 238.160 - Retirement credit for service while on loan to federal government.
Section 238.162 - Retirement credit for service as teacher in public schools of another state.
Section 238.165 - Credit for certain periods of employment by Legislative Assembly.
Section 238.175 - Retirement credit for periods of disability.
Section 238.200 - Employee contributions generally.
Section 238.205 - Payment of employee contribution by employer.
Section 238.215 - Contributions by certain higher education employees.
Section 238.220 - Employee rollover contributions; rules.
Section 238.227 - Pooling of employers for purpose of computing employer contributions.
Section 238.232 - Choice of amortization period for certain lump sum payments to side accounts.
Section 238.255 - Credits to regular accounts when earnings less than assumed interest rate.
Section 238.260 - Variable Annuity Account; rules.
Section 238.265 - Withdrawal of member account.
Section 238.280 - Eligibility for retirement.
Section 238.285 - Verification of retirement data.
Section 238.300 - Service retirement allowance.
Section 238.305 - Optional service retirement allowance calculations.
Section 238.310 - Minimum service retirement allowance.
Section 238.320 - Disability retirement allowance.
Section 238.325 - Optional disability retirement allowance calculations.
Section 238.330 - Minimum disability retirement allowance.
Section 238.350 - Use of unused leave to increase retirement allowance; rules.
Section 238.360 - Cost-of-living adjustments.
Section 238.364 - Calculation of increased benefit payable under ORS 238.362.
Section 238.366 - Retirement allowance increase based on years of service.
Section 238.368 - Retirement allowance increases for members who retired before January 1, 1991.
Section 238.372 - Increased benefits not payable to nonresidents.
Section 238.374 - Applicant’s statement; resumption of residency.
Section 238.376 - Nonresidency after benefits commenced; required statement; subsequent residency.
Section 238.378 - Information from Department of Revenue.
Section 238.390 - Death benefit.
Section 238.395 - Additional death benefit.
Section 238.405 - Death benefit payable to survivors of certain police officers or firefighters.
Section 238.407 - Distribution of death benefit as rollover distribution.
Section 238.410 - Board may contract for insurance for retirees; rules.
Section 238.415 - Payment toward cost of pre-Medicare insurance; rules.
Section 238.420 - Payment toward cost of Medicare supplemental insurance.
Section 238.440 - Optional purchase of benefit units by police and firefighters.
Section 238.442 - Prior service credit.
Section 238.445 - Benefits exempt from execution, bankruptcy and certain taxes; exceptions.
Section 238.450 - Computation of retirement allowance or benefit; notice of dispute.
Section 238.455 - Estimated benefit payments.
Section 238.458 - Unclaimed benefits.
Section 238.460 - Waiver of retirement allowance.
Section 238.462 - Spousal consent required for certain optional forms of retirement allowance.
Section 238.465 - Benefits payable to others under certain judgments; rules.
Section 238.485 - Fund established.
Section 238.488 - Payment of benefits; employer contributions.
Section 238.490 - Administrative expenses.
Section 238.492 - Rules for administration of fund.
Section 238.500 - Definitions for ORS 238.500 to 238.585.
Section 238.505 - Judges as PERS members.
Section 238.515 - Contributions.
Section 238.535 - Service retirement allowance.
Section 238.538 - Health benefit plans for certain retired judge members.
Section 238.545 - Withdrawal of member account; retirement allowance of inactive judge member.
Section 238.555 - Disability retirement allowance.
Section 238.565 - Judge’s beneficiaries; spouse’s pension.
Section 238.575 - Cost-of-living adjustments; ad hoc increase.
Section 238.580 - Application of PERS laws to judges.
Section 238.600 - System established; legislative intent.
Section 238.605 - Actuarial report on system; determination of unfunded actuarial liability.
Section 238.606 - Independent review of actuarial report on system; reports.
Section 238.607 - Actuarial equivalency factor tables.
Section 238.610 - Administrative expenses of system; rules.
Section 238.615 - Revolving fund for payment of administrative expenses.
Section 238.630 - Board generally; rules.
Section 238.640 - Qualifications of board members.
Section 238.650 - Rules of board; written plan document.
Section 238.657 - Board counsel.
Section 238.660 - Fund generally; board review of legislative proposals.
Section 238.670 - Reserve accounts in fund.
Section 238.680 - Integration of other retirement systems.
Section 238.685 - Method of payment of unfunded obligation under integration contract.
Section 238.690 - Integration of retirement plan of mass transit district.
Section 238.692 - Definitions for ORS 238.692 to 238.698.
Section 238.696 - Debt service trust fund.
Section 238.697 - Requirements for issuance of bonds.
Section 238.698 - Funds diversion agreement.
Section 238.705 - State departments to remit contributions and furnish reports.
Section 238.715 - Recovery of overpayments; rules.
Section 238.730 - Unfunded Actuarial Liability Resolution Program.