OAR 459-040-0010: General Administration

(1) A person younger than age 72 becomes a judge member on the date that the person takes office as a judge. A judge member does not serve a waiting period. (2) A judge member may retire under: (a) Plan A, as provided in OAR 459-040-0030; or (b) Plan B, as provided in OAR 459-040-0040. (3) Before attaining age 60, a judge member must elect in writing, on forms furnished by the Judicial Department, whether to retire under Plan A or Plan B. A judge member who fails to make the election must retire under Plan A. (4) A judge member who has service as other than a judge member must elect a retirement option available for service in other classifications for that portion of the benefit. (5) Lump sum options are not available for judge member retirement benefits. (6) For purchases of creditable service, a judge member is subject to the same requirements as a general service member. (7) A judge member’s contributions to PERS must cease at the end of the calendar year that the judge member attains age 75. The judge member shall be retired from judicial office and receive a service retirement allowance effective January 1 of the following calendar year. (8) A person age 72 or older who becomes a judge is not eligible to become a judge member. The judge may establish membership in PERS as a general service member; see generally OAR chapter 459, divisions 10, 75, and 80 for membership eligibility guidelines for the PERS Plan.