(a) No payments are being made to the member or beneficiary from the Public Employee Benefit Equalization Fund at the time recovery of an overpayment or improperly made payment is sought; or
(b) The Public Employees Retirement Board in its discretion determines that the payments being made from the Public Employee Benefit Equalization Fund are inadequate to ensure full recovery of the overpayment or improperly made payment.
(2) A public employer that participates or has participated in the Public Employees Retirement System and that employs or has employed a member of the system who receives a benefit under subsection (1) of this section, or whose beneficiary receives a benefit under subsection (1) of this section, must contribute to the Public Employees Retirement Board a sum equal to all amounts paid to the member or beneficiary that is attributable to the member’s employment by the public employer, plus any amount assessed by the board to pay administrative costs under ORS 238.490 (3). If the member has retirement credit attributable to employment with more than one public employer, the board shall allocate the costs of the benefit under this section among the public employers involved, based on the member’s length of service with each employer.
(3) A public employer that makes a contribution to the Public Employee Benefit Equalization Fund under subsection (2) of this section shall receive a credit equal to the amount of the contribution against any obligation of the public employer to make contributions to the Public Employees Retirement Fund under ORS 238.225. The credit shall be equal to the amount paid by the employer to the board under subsection (2) of this section less any sums paid to the board by the public employer for administrative costs under ORS 238.490 (3). The board shall apply the credit to reduce the public employer’s payment obligation under ORS 238.225 for the month in which the payment is made under this section. The credit does not reduce any obligation below zero and any credit not used may be carried over as a credit against future obligations under ORS 238.225.
(4) All amounts collected from public employers under this section shall be deposited in the Public Employee Benefit Equalization Fund established by ORS 238.485.
(5) The Public Employees Retirement Board shall pay the benefits specified in subsection (1) of this section only to the extent that the benefits have been funded by contributions made by the member’s employer under subsection (2) of this section before the date on which the benefits are to be paid. The Public Employees Retirement Board may enforce the provisions of subsection (2) of this section in the manner provided in ORS 238.705 and 238.710 for the enforcement of employer contributions to the Public Employees Retirement Fund.
(6) The board shall notify all participating employers of the records and information needed for the implementation and administration of this section. Each participating employer shall maintain records for all employees who are members of the system, and all former employees who have been members of the system, and shall supply the board with all information required by the board to allow the board to identify members and beneficiaries who are entitled to payment under subsection (1) of this section. [1997 c.201 §3]
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.