Or. Admin. Code § 459-016-0100 - Purchase of Units by a Police Officer or Firefighter to Provide Increased Benefits
(1) For
the purposes of this rule:
(a) "Active" means
an "active member" as defined in ORS
238.005(1).
(b) "Current" means a member who is currently
employed as a police officer or firefighter.
(c) "Firefighter" has the same meaning as set
forth in ORS 238.005(10).
(d) "Five years" means five full years ending
on the fifth anniversary date of the transfer from a police or fire
position.
(e) "Inactive" means an
"inactive member" as defined in ORS
238.005(13).
(f) "Police officer" has the same meaning as
set forth in ORS 238.005(19).
(2) Eligibility to Purchase Units.
An active and current police officer or firefighter may purchase a maximum of
eight units to provide increased benefits between the date of retirement and
age 65. A member who retires prior to age 60 will receive unit payments over a
minimum five-year period.
(3)
Lump-Sum Purchase at Retirement. An active and current police officer or
firefighter may choose to make a lump-sum purchase of police and fire units
within the 90 days prior to the police officer's or firefighter's effective
retirement date.
(a) If previous payroll
contributions for unit benefits have been made, a lump-sum purchase of any
remaining units, for a maximum of eight units, may be made within 90 days prior
to the member's retirement date if the member is less than age 65.
(b) If no payroll contributions for unit
benefits have been made, a lump-sum purchase of units may be made within the 90
days prior to the member's retirement date only if the member is less than age
60 as of their effective date of retirement.
(4) Additional Contributions for Police
Officers or Firefighters Retiring Prior to Age 60. An active and current police
officer or firefighter who retires prior to age 60 may make additional
contributions to purchase actuarially reduced unit benefits beginning at any
date between the date of early retirement and age 60.
(5) Police Officers or Firefighters Who Work
Until the Age of 65. Contributions for unit benefits are not permitted once the
member reaches the age of 65. The amount in the unit account of a member who
works until age 65 will be refunded to the member in a lump sum.
(6) Cancellation of Police and Fire Unit
Contributions. A police officer or firefighter who has elected to make unit
contributions may elect, in writing, to cancel the additional contributions at
any time. Once canceled, the member will not be permitted to participate in the
unit benefit program at a future time.
(7) Refund of Unit Account.
(a) Voluntary Refund. A police officer or
firefighter may request a refund of the unit account if the police officer or
firefighter is separated from all participating employers and their control
groups.
(b) Involuntary Refund. A
police officer or firefighter who has elected to make unit contributions and
transfers to an inactive position or a non-police or fire job class will:
(A) Retain the unit account for five years
immediately following the transfer.
(B) If at the end of the five years, the
member has not turned age 50 or returned to a qualifying police or fire
position, the member's election will be canceled and the amount in the unit
account automatically refunded.
(c) A voluntary or involuntary refund results
in a cancellation of the unit account. Once a unit account is canceled, the
member may not participate in the unit benefit program at a future
time.
(d) A police officer or
firefighter who requests a withdrawal of the PERS member account will
automatically receive a refund of the unit account.
(8) Disability Retirement. A police officer
or firefighter who is approved for a PERS chapter 238 Program disability
retirement is eligible to purchase the balance of the police and fire units or
make an initial purchase equal to the maximum eight units.
(9) Reemployment under USERRA. An eligible
PERS chapter 238 Program police or fire member who leaves a qualifying position
to serve in the Uniformed Services is eligible upon initiating reemployment to
make up the unit benefit contributions which would have been made to the
member's unit account had the member not left to serve in the Uniformed
Services.
(a) Contributions made under this
section must be remitted to PERS by:
(A)
Payroll deduction; or
(B) Monthly
payment of no less than one month of contributions; or
(C) Lump-sum payment.
(b) Any individual, agency, or organization
may pay the employee contributions specified in subsection (a) of this section
on behalf of the employee under the payment provisions set forth in paragraph
(B) or (C) of this section.
Notes
Statutory/Other Authority: ORS 238.650
Statutes/Other Implemented: ORS 238.440
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