OAR 459-040-0020: Judge Member Disability Retirement

A judge member who meets the requirements of ORS 238.555 may apply for disability retirement. The provisions of OAR Chapter 459, Division 15 apply to judge member disability retirement with the following exceptions: (1) The terms “member” and “employee member” in Division 15 mean a judge member as defined in ORS 238.500. (2) “Normal retirement age” means the age at which a judge member may retire without a reduced benefit as set forth under ORS 238.535. (3) A judge member must have six years of service as a judge member to be eligible for non-duty disability retirement. (4) If a judge member meets the eligibility criteria for disability retirement, the member’s disability retirement allowance shall be based on creditable service time as though the member had continuously worked as a judge pursuant to ORS 238.555(1) or (2). (5) Former PERS judge members who have terminated membership through a withdrawal under ORS 238.545 are not eligible to receive PERS disability retirement allowances.