OAR 459-005-0599: Election Procedures — Direct Rollovers

(1) PERS staff shall provide each distributee with a written explanation of the direct rollover rules for any eligible distribution, as required by Code Section 402(f). In addition to the general explanation required by Code Section 402(f), the written explanation shall include the following information: (a) A statement that the distributee has the right to consider the decision of whether or not to elect a direct rollover for at least 30 days after the notice is provided; (b) An explanation of the default rule set forth in section (5) of this rule; and (c) An explanation of the notice and election rules for periodic payments that are eligible rollover distributions. (2) Except as otherwise provided in sections (4) and (6) of this rule, an eligible rollover distribution shall not be paid, either to the distributee or to a recipient plan, less than 30 days or more than 180 days after the distributee has been provided with the written explanation described in section (1) of this rule. (3)(a) Any direct rollover election shall be in writing and must be signed by the distributee or by his or her authorized representative pursuant to a valid power of attorney as described in OAR 459-005-0100 to 459-005-0140. The direct rollover election may be on forms furnished by PERS, or on forms submitted by recipient plan which shall include: (A) Distributee’s full name; (B) Distributee’s social security number; (C) Percentage of amount eligible for transfer (whole percent), or the dollar amount (in whole dollars); (D) The distributee's account number with recipient plan, if available; (E) Name and complete mailing address of recipient plan; and (F) If the distributee is a non-spouse beneficiary of the member, the title of the recipient IRA account. (b) The election shall include or be accompanied by a statement by the recipient plan's plan administrator that the plan will accept the direct rollover for the benefit of the distributee, including whether or not the recipient plan will accept, and account for separately, after-tax dollars. (4) If a distributee affirmatively elects a distribution after having received the written election described in section (1) of this rule, PERS may make the distribution even if the initial 30-day period described in section (2) of this rule has not expired. (5) If a distributee fails to affirmatively elect to make or not to make a direct rollover within at least 30 and no more than 180 days after notice is provided as described in section (1) of this rule, PERS shall pay the eligible rollover distribution directly to the distributee. (6) Any series of payments that are eligible rollover distributions shall be governed by the provisions of sections (1), (2), (3), (4), and (5) of this rule for each payment made. (7) For the purposes of this rule, "effective date of payment" means: (a) The date inscribed on check or warrant; or (b) The date of an electronic transfer/transaction to the recipient plan. (8) The provisions of this rule are effective on January 1, 2007.