Or. Admin. Code § 459-076-0005 - Eligibility for Disability Benefits
(1) A member who was an active member as of the date of
disability must be totally, not partially, disabled and unable to perform any
work for which qualified for an extended duration to be eligible for a
disability benefit.
(2) A member with disabilities arising after the member's date
of termination from a qualifying position(s) is not eligible for a disability
benefit.
(3) In determining a member's eligibility for disability
benefits, the burden of proof is upon the applicant. The Board is not required
to prove whether the applicant is or is not eligible for disability
benefits.
(4) Eligibility requirements for duty disabilities.
(a) To be eligible for a duty disability a member must
prove:
(A) The mental or physical incapacitation arose out of and in
the course of duty and was not intentionally self-inflicted; and
(B) The on the job injury must be the material contributing
cause of the disability, even if the member has a pre-existing
condition.
(b) For work related stress to be considered the material
contributing cause of the disability all of the following criteria must be
met:
(A) The employment conditions producing the work related stress
exist in a real and objective sense;
(B) The employment conditions producing the work related stress
are conditions other than conditions generally inherent in every working
situation or reasonable disciplinary, corrective or job performance evaluation
actions by the employer, or cessation of employment or employment decisions
attendant upon ordinary business or financial cycles;
(C) There is a diagnosis of a mental or emotional disorder
which is generally recognized in the medical or psychological community;
and
(D) There is evidence that the work related stress arose out of
and in the course of employment.
(c) If a member has been approved for a disability benefit
under ORS 238A.235 and has also been approved for benefits under ORS Chapter
656 for the same injury or disease, when making the duty designation
determination:
(A) PERS will consider it a rebuttable presumption that the
member is eligible for duty disability;
(B) The presumption in (A) will be:
(i) rebuttable with clear and convincing evidence;
(ii) applicable to any payments made on or after the later
of:
(I) January 1 of the year in which the documentation of the
approval of benefits under ORS Chapter 656 has been received by PERS or
(II) effective date of disability retirement;
(C) The member is responsible for submitting documentation of
approval for benefits under ORS Chapter 656 to PERS.
(5) Eligibility requirements for non-duty disabilities. A
member applying for non-duty disability benefits must meet the 10 or more years
of service requirements pursuant to ORS 238A.235(2)(a) or (b).
(6) Termination of OPSRP membership. Disability benefits are
available only to OPSRP Pension Program members who have not terminated
membership pursuant to ORS 238A.110.
(7) Return to work. If a member who is receiving a disability
benefit becomes employed or receives earned income, the member's disability
benefit will be terminated, effective the first of the month following
employment or issuance of earned income. PERS will invoice the member for, or
recover under ORS 238.715, any overpayment of benefits.
(8) PERS may contact other public or private agencies, such as
the Oregon Employment Department, the Oregon Department of Revenue, or the U.S.
Internal Revenue Service to obtain employment information.
(9) Upon request by PERS, a member must provide PERS with a
copy of the member's federal income tax returns, together with copies of IRS
forms W-2.
Notes
Statutory/Other Authority: ORS 238A.120 & ORS 238A.450
Statutes/Other Implemented: ORS 238A.140 & ORS 238A.235
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) A member who was an active member as of the date of disability must be totally, not partially, disabled and unable to perform any work for which qualified for an extended duration to be eligible for a disability benefit.
(2) A member with disabilities arising after the member 's date of termination from a qualifying position (s) is not eligible for a disability benefit.
(3) In determining a member's eligibility for disability benefits, the burden of proof is upon the applicant. The Board is not required to prove whether the applicant is or is not eligible for disability benefits.
(4) Eligibility requirements for duty disabilities.
(a) To be eligible for a duty disability a member must prove:
(A) The mental or physical incapacitation arose out of and in the course of duty and was not intentionally self-inflicted; and
(B) The on the job injury must be the material contributing cause of the disability, even if the member has a pre-existing condition .
(b) For work related stress to be considered the material contributing cause of the disability all of the following criteria must be met:
(A) The employment conditions producing the work related stress exist in a real and objective sense;
(B) The employment conditions producing the work related stress are conditions other than conditions generally inherent in every working situation or reasonable disciplinary, corrective or job performance evaluation actions by the employer, or cessation of employment or employment decisions attendant upon ordinary business or financial cycles;
(C) There is a diagnosis of a mental or emotional disorder which is generally recognized in the medical or psychological community; and
(D) There is evidence that the work related stress arose out of and in the course of employment.
(5) Eligibility requirements for non-duty disabilities. A member applying for non-duty disability benefits must meet the 10 or more years of service requirements pursuant to ORS 238A.235(2)(a) or (b).
(6) Termination of OPSRP membership. Disability benefits are available only toOPSRP Pension Program members who have not terminated membership pursuant to ORS 238A.110.
(7) Return to work. If a member who is receiving a disability benefit becomes employed or receives earned income , the member 's disability benefit will be terminated, effective the first of the month following employment or issuance of earned income . PERS will invoice the member for, or recover under ORS 238.715, any overpayment of benefits.
(8) PERS may contact other public or private agencies, such as the Oregon Employment Department, the Oregon Department of Revenue, or the U.S. Internal Revenue Service to obtain employment information.
(9) Upon request by PERS , a member must provide PERS with a copy of the member 's federal income tax returns, together with copies of IRS forms W-2.
Notes
Statutory/Other Authority: ORS 238A.120 & ORS 238A.450
Statutes/Other Implemented: ORS 238A.140 & ORS 238A.235