2019 Oregon Revised Statutes
Volume : 06 - Local Government, Public Employees, Elections
Chapter 238A - Oregon Public Service Retirement Plan
Section 238A.375 - Distribution of accounts to inactive member.
(1) An inactive member of the individual account program may elect to receive a distribution of the amounts in the member’s employee account, rollover account, employer account and employee pension stability account to the extent the member is vested in those accounts under ORS 238A.320 if 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 Public Employees Retirement System and the Public Employees Retirement Fund as a qualified governmental retirement plan and trust.
(2) If an inactive member of the individual account program who is not vested in the employer account receives a distribution under subsection (1) of this section, the employer account of the member is permanently forfeited as of the date of the distribution.
(3) A member may not make an election under this section for less than all of the member’s individual accounts described in ORS 238A.350, and the member’s employee pension stability account described in ORS 238A.353, in which the member is vested.
(4) A member who is vested in the pension program established under this chapter and who withdraws the member’s accounts under this section cancels all membership rights in the system.
(5) A member who has a member account established under ORS chapter 238 may make an election 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 make an election under this section only if the member also withdraws the account established under ORS 238.440.
(6) If an inactive member receives a distribution under subsection (1) of this section and is subsequently reemployed by a participating public employer, any service performed before the date the member became an inactive member may not be used toward the period of service required for vesting in the employer account under ORS 238A.320. [2003 c.733 §40; 2005 c.152 §3; 2007 c.52 §3; 2019 c.355 §8]
Note: The amendments to 238A.375 by section 8, 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) An inactive member of the individual account program may elect to receive a distribution of the amounts in the member’s employee account, rollover account and employer account to the extent the member is vested in those accounts under ORS 238A.320 if 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) If an inactive member of the individual account program who is not vested in the employer account receives a distribution under subsection (1) of this section, the employer account of the member is permanently forfeited as of the date of the distribution.
(3) A member may not make an election under this section for less than all of the member’s individual accounts described in ORS 238A.350 in which the member is vested.
(4) A member who is vested in the pension program established under this chapter and who is eligible to withdraw from the pension program under ORS 238A.120 may make an election under this section only if the member also withdraws from the pension program. A member who has a member account established under ORS chapter 238 may make an election 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 make an election under this section only if the member also withdraws the account established under ORS 238.440.
(5) If an inactive member receives a distribution under subsection (1) of this section and is subsequently reemployed by a participating public employer, any service performed before the date the member became an inactive member may not be used toward the period of service required for vesting in the employer account under ORS 238A.320.
