(2)(a) If a judge member who has six or more years of service as a judge dies before retiring, and the judge member is not an inactive judge member who is performing a pro tem service obligation under the provisions of ORS 238.545 (4), the surviving spouse of the judge member shall receive a life pension, payable monthly, equal to two-thirds of the service retirement allowance the judge member would have received under ORS 238.535 (1)(a) had the judge member retired on the date of death.
(b) If a judge member who has six or more years of service as a judge dies before retiring, and the judge member is an inactive member who is performing a pro tem service obligation under the provisions of ORS 238.545 (4), the surviving spouse of the judge member shall receive a life pension, payable monthly, equal to two-thirds of the service retirement allowance the judge member would have received under ORS 238.535 (1)(b) had the judge member retired on the date of death.
(c) If a surviving spouse receiving a pension under paragraph (a) or (b) of this subsection dies and the total amount received as pension by the surviving spouse is less than the amount credited to the member account of the judge member in the fund on the date of death of the judge member, the beneficiary or beneficiaries shall receive a lump sum amount equal to the difference between the total amount received by the surviving spouse and the amount so credited to the member account of the judge member.
(d) If a judge member who has six or more years of service as a judge dies before retiring and has no surviving spouse, the beneficiary or beneficiaries shall receive a lump sum amount equal to the amount credited to the member account of the judge member in the fund on the date of death of the judge member.
(e) If the surviving spouse of a judge member who dies before retiring is not entitled to a pension under paragraph (a) or (b) of this subsection, the surviving spouse shall receive a lump sum amount equal to the amount credited to the member account of the judge member in the fund on the date of death of the judge member.
(3)(a) If a judge member dies after retiring, the surviving spouse of the judge member shall receive a life pension, payable monthly, equal to two-thirds of the retirement allowance the judge member is receiving or is entitled to receive on the date of death.
(b) If a surviving spouse receiving a pension under paragraph (a) or (b) of this subsection dies and the total amount received as retirement allowance by the retired judge member and as pension by the surviving spouse is less than the amount credited to the member account of the judge member on the date of retirement of the judge member, the beneficiary or beneficiaries shall receive a lump sum amount equal to the difference between the total amount received as retirement allowance and pension and the amount so credited to the member account of the judge member.
(c) If a judge member dies after retiring and has no surviving spouse, and the total amount received as retirement allowance by the retired judge member is less than the amount credited to the member account of the judge member on the date of retirement of the judge member, the beneficiary or beneficiaries shall receive a lump sum amount equal to the difference between the total amount received as retirement allowance and the amount so credited to the member account of the judge member.
(4) At any time after becoming a judge member, but not later than the date on which the first payment on account of retirement is due, a judge member may elect to provide an addition to the pension of the surviving spouse of the judge member under subsection (3)(a) of this section by selecting a reduced retirement allowance for the judge member. The additional pension to the surviving spouse shall be the actuarial equivalent of the reduction in the retirement allowance of the judge member and, in no event, when added to the pension under subsection (3)(a) of this section, shall it exceed the reduced retirement allowance elected by the judge member.
(5) Any accrued retirement allowance due a retired judge member that is unpaid at the time of death of the judge member shall be paid to the surviving spouse of the judge member. If there is no surviving spouse, the accrued retirement allowance shall be paid to the beneficiary or beneficiaries of the judge member. If there is no surviving spouse or beneficiary, the accrued retirement allowance shall be paid as provided in ORS 238.390 (2).
(6) Notwithstanding any other provision of this section, a judge member shall be considered to have died with no surviving spouse if:
(a) The judge member has entered into a prenuptial or antenuptial agreement with the spouse of the judge that provides that the spouse shall have no right or claim to a surviving spouse’s pension; and
(b) The judge member has filed a copy of the prenuptial or antenuptial agreement with the board before the death of the judge member.
(7) The board shall not be liable for any payment made to a beneficiary by reason of a prenuptial or antenuptial agreement filed with the board under subsection (6) of this section unless the board has actual knowledge that the agreement has been revoked.
(8) A judge member may elect to have all or part of the pension that is payable to a surviving spouse under this section be paid to a former spouse of the judge member. The election may be made before or after the judge member retires. If a judge member makes an election under this subsection, the board shall pay the designated portion of pension to the former spouse for the life of the former spouse. If a judge member is married at the time an election is made under this subsection, the spouse of the judge member must give written consent to the election. An election under this subsection does not affect the amount of any additional pension elected by a judge member under subsection (4) of this section. If a judge member makes an election under this subsection and the judge member does not have a surviving spouse when the judge member dies, the former spouse shall receive a life pension for only that part of the pension specified in the election. If a judge member makes an election under this subsection and the judge member has a surviving spouse when the judge member dies:
(a) The surviving spouse shall receive no benefit if the judge member elected to have the entire pension payable under this section paid to the former spouse; or
(b) The surviving spouse shall receive that part of the pension not paid to the former spouse until the death of the former spouse. [Formerly 237.227; 1997 c.801 §21; 1999 c.317 §22; 2001 c.945 §61; 2003 c.625 §5; 2007 c.527 §1; 2013 c.536 §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.