Bill Text: OR HB2115 | 2011 | Regular Session | Introduced
Bill Title: Relating to public employee retirement; declaring an emergency.
Sponsorship: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2115 Detail]
Download: Oregon-2011-HB2115-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 588
House Bill 2115
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber
for Public Employees Retirement System)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Modifies law that allows member of Public Employees Retirement
System to request verification of retirement data before
retirement. Eliminates provision that prohibits Public Employees
Retirement Board from using creditable service, retirement
credit, final average salary, member account balances or
accumulated unused sick leave that is less than amount specified
in verification for purposes of determining retirement benefits.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to public employee retirement; amending section 3,
chapter 1, Oregon Laws 2010; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 3, chapter 1, Oregon Laws 2010, is amended
to read:
{ + Sec. 3. + } (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) - } { + (3) + } 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) - } { + (4)(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) - } { + (5) + } 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) - } { + (6) + } 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.
SECTION 2. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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