OAR 459-005-0180: Incapacity of Members, Beneficiaries, and Alternate Payees

(1) Definitions. For purposes of this rule, "incapacitated" and "financially incapable" have the meanings given those terms in ORS 125.005. (2) Presumption of capacity. Unless demonstrated otherwise in accordance with the requirements of section (3) of this rule, PERS staff shall base its determinations on the presumption that all members, beneficiaries, and alternate payees are not incapacitated or financially incapable of making benefit decisions and executing any documents related to those decisions. (3) Process for overcoming presumption. If any party in interest challenges a staff determination in accordance with OAR 459-001-0030 through 459-001-0040 based on a claim of incapacity of a member, beneficiary, or alternate payee, PERS will reverse its previous determination only if the party presents an order or determination by a court with appropriate jurisdiction specifically directing PERS to do so, or such other relief as that court may direct.