2019 Oregon Revised Statutes
Volume : 06 - Local Government, Public Employees, Elections
Chapter 238 - Public Employees Retirement System
Section 238.285 - Verification of retirement data.
(1) Not earlier than two years before a member’s earliest service retirement age, a member may request a verification of retirement data from the Public Employees Retirement Board. Upon receiving a request under this section, the board shall notify all of the member’s participating public employers of the request. In a manner specified by rules of the board, the board shall allow those employers a reasonable time to confirm the records relating to the member that were provided to the board before the request was made. The board shall thereafter provide a verification to the member that includes the following data, as reflected in the records of the Public Employees Retirement System:
(a) The service information reported by the member’s employers and the number of years and months of creditable service or retirement credit derived from that information, determined as of a date specified in the verification.
(b) The salary data reported by the member’s employers for each calendar year, and the final average salary for the member derived from that data.
(c) If applicable, the member’s regular account balance, and any variable account balance, as of the end of a calendar year specified in the verification.
(d) If applicable, the total amount of unused sick leave accumulated by the member as of a date specified in the verification.
(2) A member of the system may dispute the accuracy of the data provided in the verification by filing a written notice of dispute with the board not more than 60 days after the date on which the verification is provided to the member. Upon receiving a notice of dispute under this subsection, the board shall determine the accuracy of the disputed data and make a written decision based on its determination. The board shall provide to the member a copy of the decision and a written explanation of any applicable statutes and rules. A member may seek judicial review of the decision as provided in ORS 183.484 and rules of the board.
(3) Except as provided in this section, when a member who receives a verification under this section retires for service, the creditable service, retirement credit, final average salary, member account balances and accumulated unused sick leave used in calculating the member’s retirement allowance or pension may not be less than the amounts provided in the verification, subject to adjustments for:
(a) Creditable service or retirement credit accrued by the member after the date specified in the verification.
(b) Salary attributable to periods of employment after the date specified in the verification.
(c) Earnings and losses credited to the member’s accounts from the end of the calendar year specified in the verification to the member’s effective retirement date, in accordance with rules adopted by the board.
(d) Sick leave used and accrued after the date specified in the verification.
(4) The board may use creditable service, retirement credit, final average salary, member account balances or accumulated unused sick leave in calculating a member’s service retirement allowance that is less than the amounts provided in a verification received under this section if the member knew that the amounts were not accurate at the time the verification was provided and the member did not dispute the accuracy of the amounts as provided in subsection (2) of this section.
(5) A participating public employer may not modify information provided to the board relating to a member’s creditable service, retirement credit, final average salary, employee contributions or accumulated unused sick leave after the board provides the member with a verification under this section that is based on that information except in response to the board’s request for the purpose of a determination under subsection (2) or (4) of this section.
(6)(a) Subject to paragraph (b) of this subsection, erroneous payments or overpayments paid to or on account of a member based on a verification provided under this section may not be recovered under ORS 238.715, but may be charged to the reserve account established under ORS 238.670 (1), or charged as an administrative expense under ORS 238.610.
(b) The board shall recover erroneous payments or overpayments paid to or on account of a member based on a verification provided under this section if the board determines that the recovery is required to maintain the status of the system and the Public Employees Retirement Fund as a qualified governmental retirement plan and trust under the Internal Revenue Code and under regulations adopted pursuant to the Internal Revenue Code.
(7) A member may dispute the accuracy of data in a verification only as provided under this section. A member may not dispute the accuracy of data in a verification in the manner provided by ORS 238.450.
(8) A member shall be provided with one verification under this section at no cost. The board may establish procedures for recovering administrative costs from members for services in providing additional verifications. [2010 c.1 §3]
