Bill Text: OR SB771 | 2013 | Regular Session | Enrolled
Bill Title: Relating to judge members of Public Employees Retirement System; and declaring an emergency.
Spectrum: Committee Bill
Status: (Passed) 2013-07-03 - Effective date, June 26, 2013. [SB771 Detail]
Download: Oregon-2013-SB771-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 771
Sponsored by COMMITTEE ON RURAL COMMUNITIES AND ECONOMIC
DEVELOPMENT
CHAPTER ................
AN ACT
Relating to judge members of Public Employees Retirement System;
amending ORS 238.565; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 238.565 is amended to read:
238.565. (1) For the purposes of this section, { - the
beneficiary of the judge member shall be any person, or the
personal representative of the estate of the judge member, or a
trustee named by the judge member to execute an express trust,
whom the judge member designates as a beneficiary - } { + a
judge member may designate a beneficiary or beneficiaries + } by
written designation duly acknowledged and filed with the board
before the death of the judge member. { + Beneficiaries
designated by a judge member may include any persons, the
personal representative of the estate of the judge member or the
trustee named by the judge member to execute an express
trust. + }
(2)(a) If a judge member who has six or more years of service
as a judge dies before retiring, and the judge member is not an
inactive judge member who is performing a pro tem service
obligation under the provisions of ORS 238.545 (4), the surviving
spouse of the judge member shall receive a life pension, payable
monthly, equal to two-thirds of the service retirement allowance
the judge member would have received under ORS 238.535 (1)(a) had
the judge member retired on the date of death.
(b) If a judge member who has six or more years of service as a
judge dies before retiring, and the judge member is an inactive
member who is performing a pro tem service obligation under the
provisions of ORS 238.545 (4), the surviving spouse of the judge
member shall receive a life pension, payable monthly, equal to
two-thirds of the service retirement allowance the judge member
would have received under ORS 238.535 (1)(b) had the judge member
retired on the date of death.
(c) If a surviving spouse receiving a pension under paragraph
(a) or (b) of this subsection dies and the total amount received
as pension by the surviving spouse is less than the amount
credited to the member account of the judge member in the fund on
the date of death of the judge member, the beneficiary { + or
beneficiaries + } shall receive a lump sum amount equal to the
difference between the total amount received by the surviving
spouse and the amount so credited to the member account of the
judge member.
Enrolled Senate Bill 771 (SB 771-A) Page 1
(d) If a judge member who has six or more years of service as a
judge dies before retiring and has no surviving spouse, the
beneficiary { + or beneficiaries + } shall receive a lump sum
amount equal to the amount credited to the member account of the
judge member in the fund on the date of death of the judge
member.
(e) If the surviving spouse of a judge member who dies before
retiring is not entitled to a pension under paragraph (a) or (b)
of this subsection, the surviving spouse shall receive a lump sum
amount equal to the amount credited to the member account of the
judge member in the fund on the date of death of the judge
member.
(3)(a) If a judge member dies after retiring, the surviving
spouse of the judge member shall receive a life pension, payable
monthly, equal to two-thirds of the retirement allowance the
judge member is receiving or is entitled to receive on the date
of death.
(b) If a surviving spouse receiving a pension under paragraph
(a) or (b) of this subsection dies and the total amount received
as retirement allowance by the retired judge member and as
pension by the surviving spouse is less than the amount credited
to the member account of the judge member on the date of
retirement of the judge member, the beneficiary { + or
beneficiaries + } shall receive a lump sum amount equal to the
difference between the total amount received as retirement
allowance and pension and the amount so credited to the member
account of the judge member.
(c) If a judge member dies after retiring and has no surviving
spouse, and the total amount received as retirement allowance by
the retired judge member is less than the amount credited to the
member account of the judge member on the date of retirement of
the judge member, the beneficiary { + or beneficiaries + } shall
receive a lump sum amount equal to the difference between the
total amount received as retirement allowance and the amount so
credited to the member account of the judge member.
(4) At any time after becoming a judge member, but not later
than the date on which the first payment on account of retirement
is due, a judge member may elect to provide an addition to the
pension of the surviving spouse of the judge member under
subsection (3)(a) of this section by selecting a reduced
retirement allowance for the judge member. The additional pension
to the surviving spouse shall be the actuarial equivalent of the
reduction in the retirement allowance of the judge member and, in
no event, when added to the pension under subsection (3)(a) of
this section, shall it exceed the reduced retirement allowance
elected by the judge member.
(5) Any accrued retirement allowance due a retired judge member
that is unpaid at the time of death of the judge member shall be
paid to the surviving spouse of the judge member. If there is no
surviving spouse, the accrued retirement allowance shall be paid
to the beneficiary { + or beneficiaries + } of the judge member.
If there is no surviving spouse or beneficiary, the accrued
retirement allowance shall be paid as provided in ORS 238.390
(2).
(6) Notwithstanding any other provision of this section, a
judge member shall be considered to have died with no surviving
spouse if:
(a) The judge member has entered into a prenuptial or
antenuptial agreement with the spouse of the judge that provides
Enrolled Senate Bill 771 (SB 771-A) Page 2
that the spouse shall have no right or claim to a surviving
spouse's pension; and
(b) The judge member has filed a copy of the prenuptial or
antenuptial agreement with the board before the death of the
judge member.
(7) The board shall not be liable for any payment made to a
beneficiary by reason of a prenuptial or antenuptial agreement
filed with the board under subsection (6) of this section unless
the board has actual knowledge that the agreement has been
revoked.
(8) A judge member may elect to have all or part of the pension
that is payable to a surviving spouse under this section be paid
to a former spouse of the judge member. The election may be made
before or after the judge member retires. If a judge member makes
an election under this subsection, the board shall pay the
designated portion of pension to the former spouse for the life
of the former spouse. If a judge member is married at the time an
election is made under this subsection, the spouse of the judge
member must give written consent to the election. An election
under this subsection does not affect the amount of any
additional pension elected by a judge member under subsection (4)
of this section. If a judge member makes an election under this
subsection and the judge member does not have a surviving spouse
when the judge member dies, the former spouse shall receive a
life pension for only that part of the pension specified in the
election. If a judge member makes an election under this
subsection and the judge member has a surviving spouse when the
judge member dies:
(a) The surviving spouse shall receive no benefit if the judge
member elected to have the entire pension payable under this
section paid to the former spouse; or
(b) The surviving spouse shall receive that part of the pension
not paid to the former spouse until the death of the former
spouse.
SECTION 2. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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Passed by Senate June 11, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 20, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 771 (SB 771-A) Page 3
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 771 (SB 771-A) Page 4
