Or. Admin. Code § 459-015-0001 - Definitions
The words and phrases used in this division have the same meaning given them in ORS Chapter 238 and OAR 459-005-0001. Additional terms are defined as follows unless the context requires otherwise.
(1) "Any work for which qualified" means a
job, not necessarily the last or usual job, which the applicant for a
disability retirement allowance:
(a) Is
physically and psychologically capable of performing ; and
(b) Has, or may obtain with reasonable
training, the knowledge, skills and abilities, to perform the job
(2) "Certified vocational
consultant" means a person who satisfies the criteria set forth under either of
the following:
(a) A Master's Degree in
vocational rehabilitation, and one year of experience in performing vocation
evaluations or developing individualized return-to-work plans; or a Bachelor's
Degree and two years of such experience. All degrees must have been earned at
an accredited institution; or
(b)
Accredited as a Certified Rehabilitation Counselor (CRC) by the Commission on
Rehabilitation Counselor Certification; as a Certified Disability Management
Specialist (CDMS) by the Certification of Disability Management Specialists
Commission; or a Certified Vocational Evaluation Specialist (CVE) or a
Certified Work Adjustment Specialist (CWA) by the Commission on Certification
of Work Adjustment and Vocational Evaluation Specialists.
(3) "Confidential information" means
information of a personal nature such that disclosure would constitute an
unreasonable invasion of privacy as defined by state law.
(4) "Date an application for disability
retirement is filed" means the receipt date as determined pursuant to OAR
459-005-0220.
(5) "Date of disability" means the later of:
(a) The date an active member ceased to work
because of inability to perform any work for which qualified due to injury or
disease; or
(b) The date an
inactive member became unable to perform any work for which qualified provided
such inability occurred within six months after the date of separation from
service.
(6) "Date of
separation from service" means the later of: the last day worked or the last
day of paid leave with a PERS participating employer.
(7) "Date of termination" means the date a
member terminates from employment such that an employee/employer relationship
no longer exists.
(8) "Earned
income" means income that includes, but is not limited to:
(a) Salary or wages received as an
employee;
(b) Self-employment
income from:
(A) Services industry;
(B) Sales;
(C) Assembly or manufacturing;
(D) Consulting;
(E) Property management;
(F) Gambling, other than income from
sweepstakes, lotteries, bingo, keno, or slot machines;
(G) Hobby income; or
(H) Book advances.
(c) "Earned income" does not include:
(A) Investment income;
(B) Rent; and
(C) Royalties.
(d) Earned income is deemed to be received by
the member on the date it is issued by the payer, except retroactive payments
included in ORS 238.008 shall be deemed to be
received by the member during the period for which the payment is
allocated.
(e) Earned income
includes the net profits of any business entity owned solely or jointly by a
member and for which the member materially participates in the business, as
defined by the Internal Revenue Service under
26 CFR
1.469-5 T, as in effect on July 1,
2021.
(9) "Effective
date of disability retirement" means the first day of the month following the
date of disability in which all of the following has been met:
(a) The member is paid no salary from a
participating employer, and
(b) The
member does not receive paid leave from a participating employer except for any
lump sum payment for accrued vacation leave or compensatory time.
(10) "Extended duration" means a
period of not less than 90 consecutive calendar days, unless the disability is
expected to result in the death of the disabled member in less than 90
days.
(11) "Granted service" means
that portion of creditable service used solely to calculate a disability
retirement allowance under ORS
238.320 that is not performed or
earned.
(12) "Independent medical
exam" means an exam or exams conducted by a physician chosen by PERS for
purposes other than treatment which results in the issuance of a report or
reports based on those exams, giving an opinion regarding the claimed injury or
disease.
(13) "Material
contributing cause" means the efficient, dominant, and proximate cause of the
disability, without which the member would not be disabled.
(14) "Monthly salary" means "salary" as
defined in ORS 238.005 that is earned in the
last full calendar month of employment, and includes employer payments under
ORS 238A.335 and differential wage
payments as defined in OAR
459-005-0001.
(a) Retroactive payments or payments made due
to clerical errors, paid in accordance with ORS
238.005, are allocated to the
period the salary was earned or should have been earned.
(b) Payments of salary paid within 31 days of
separation are allocated to the period the salary was earned and should be
considered as paid on the last date of employment.
(15) "Monthly salary received" means the
greater of the monthly salary paid for the last full calendar month of:
(a) Employment before the date of disability;
or
(b) Differential wage payments
made before the date of disability. This subsection is effective January 1,
2009.
(16) "Normal
retirement age" means the age at which a member can retire without a reduced
benefit as set forth under ORS
238.005 and
238.280.
(17) "Performance of duty" means whatever an
employee may be directed, required or reasonably expected to do in connection
with his or her employment, and not solely the duties particular to his or her
position.
(18) "Periodic review"
means a review of a member receiving a disability retirement allowance to
determine whether or not a continued allowance is warranted.
(19) "Physical capacity evaluation" means a
comprehensive and objective evaluation performed by a physician, physical
therapist, or occupational therapist to determine a member's physical or
functional capacity to perform work. The evaluation may include an analysis of
the member's ability to perform a specified job based on a position description
and the member's abilities or limitations.
(20) "Physician" means a doctor of medicine,
a doctor of osteopathy, a doctor of oral surgery, a chiropractic doctor, a
naturopathic doctor, a doctor of podiatric medicine, or a doctor of psychology
practicing only within the purview of their license issued by the designated
authority of a state.
(21)
"Pre-existing condition" means a condition that was not sustained in actual
performance of duty in a qualifying position with a participating
employer.
(22) "Protected health
information" means health information created or received by a health care
provider, health plan, or health care clearinghouse, where an individual has a
reasonable belief that the information can identify the individual, which
relates to:
(a) The past, present, or future
physical or mental health of an individual;
(b) The provision of health care to an
individual; or
(c) The past,
present, or future payment for the provision of health care to an
individual.
(23)
"Similar in compensation" means salary or other earned income, excluding
overtime, equaling at least 80% of the monthly salary.
(24) "Total disability" means the inability
to perform any work for which qualified for an extended duration due to
physical or mental incapacitation.
(25) "Training or vocational rehabilitation
program" means a comprehensive, coordinated program, usually state or federally
funded, to train and assist individuals with disabilities in securing gainful
employment commensurate with their abilities and capabilities.
(26) "Vocational evaluation" means an
evaluation conducted by a certified vocational consultant, to determine the
ability of an applicant to perform any work for which they are
qualified.
(27) "Work related
stress" means conditions or disabilities resulting from, but not limited to:
(a) Change of employment duties;
(b) Conflicts with supervisors;
(c) Actual or perceived threat of loss of a
job, demotion, or disciplinary action;
(d) Relationships with supervisors,
coworkers, or the public;
(e)
Specific or general job dissatisfaction;
(f) Work load pressures;
(g) Subjective perceptions of employment
conditions or environment;
(h) Loss
of job or demotion for whatever reason;
(i) Fear of exposure to chemicals, radiation
biohazards, or other perceived hazards;
(j) Objective or subjective stresses of
employment; or
(k) Personnel
decisions.
Notes
Statutory/Other Authority: ORS 238.650
Statutes/Other Implemented: ORS 238.320 - 238.345
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