2019 Oregon Revised Statutes
Volume : 06 - Local Government, Public Employees, Elections
Chapter 238A - Oregon Public Service Retirement Plan
Section 238A.120 - Withdrawal from pension program by vested inactive member.
A vested inactive member who withdraws from the individual account program under ORS 238A.375 cancels the person’s membership in the Public Employees Retirement System. If the person is thereafter reemployed by a participating public employer:
(1) The person may reestablish membership in the pension program only for the purpose of service performed after the person is reemployed; and
(2) Any service performed before the withdrawal may not be credited toward the period of service required by ORS 238A.100 or 238A.115 or toward the accrual of retirement credit under ORS 238A.140, 238A.150 or 238A.155. [2003 c.733 §8; 2005 c.152 §2; 2007 c.52 §2; 2019 c.355 §5]
Note: The amendments to 238A.120 by section 5, chapter 355, Oregon Laws 2019, become operative July 1, 2020. See section 60, chapter 355, Oregon Laws 2019. The text that is operative until July 1, 2020, is set forth for the user’s convenience.
(1) A vested inactive member may withdraw from the pension program if:
(a) The actuarial equivalent of the member’s benefit under the pension program at the time of withdrawal is $5,000 or less; and
(b) The inactive member has separated from all service with participating public employers and with employers who are treated as part of a participating public employer’s controlled group under the federal laws and rules governing the status of the system and the fund as a qualified governmental retirement plan and trust.
(2) Upon withdrawal under this section, the Public Employees Retirement Board shall pay the withdrawing member the actuarial equivalent of the member’s benefit in a lump sum.
(3) If a vested inactive member withdraws from the pension program under this section and is thereafter reemployed by a participating public employer:
(a) The person may reestablish membership in the pension program only for the purpose of service performed after the person is reemployed; and
(b) Any service performed before the withdrawal may not be credited toward the period of service required by ORS 238A.100 or 238A.115 or toward the accrual of retirement credit under ORS 238A.140, 238A.150 or 238A.155.
(4) A member who has an individual account or accounts in the individual account program established under ORS 238A.025 may withdraw from the pension program under this section only if the member also withdraws all individual accounts pursuant to ORS 238A.375. A member who has a member account established under ORS chapter 238 may withdraw from the pension program under this section only if the member also withdraws that member account in the manner provided by ORS 238.265. A member who has an account established under ORS 238.440 may withdraw from the pension program under this section only if the member also withdraws the account established under ORS 238.440.
(5) For the purposes of this section, the actuarial equivalent of a member’s benefit does not include any value attributable to adjustments to the benefit under ORS 238A.210.
