OAR 459-010-0300: Involuntary Termination of Membership

(1) Under ORS 238.618, the Board may terminate a member’s membership when the member’s participation in the system would cause the system or the Public Employees Retirement Fund to lose its tax qualified status. (2) The Director is delegated the authority provided under ORS 238.618 to terminate a member’s membership in the Public Employees Retirement System under the following circumstances: (a) The member retired and elected the total lump sum option under ORS 238.305(3); (b) The member exceeded the return to work limitations in ORS 238.078(2) and OAR 459-017-0060(5) in the six month period following the member’s effective retirement date; and (c) The member refuses to re-retire in compliance with those return to work limitations.