OAR 459-040-0070: Judge Member Death After Retirement

If a judge member dies after the effective retirement date, benefits shall be distributed and calculated as follows: (1) Surviving Spouse Standard Two-thirds Benefit. The surviving spouse of a judge member shall receive a life pension equal to two-thirds of the service retirement allowance the judge member is receiving or is entitled to receive on the date of death. (2) Additional benefit for surviving spouse. The surviving spouse may be entitled to an addition to the pension described in section (1) of this rule if: (a) The judge member selected a reduced retirement allowance under ORS 238.565(4); and (b) The surviving spouse is the spouse of record on the effective date of retirement. (3) No surviving spouse. If the judge member has no surviving spouse and the total amount of retirement allowance received by the retired judge member is less than the amount credited to the judge member account on the judge member’s effective retirement date, the designated beneficiary or beneficiaries shall receive a lump sum payment equal to the remainder. (4) Death of surviving spouse. If a surviving spouse receiving a pension under section (1) of this rule dies and the total amount received as retirement allowance by the retired judge member and as pension by the surviving spouse is less than the amount credited to the judge member account on the effective date of retirement of the judge member, the designated beneficiary or beneficiaries of the judge member shall receive a lump sum payment equal to the remainder. (5) Default beneficiary. If the judge member has no valid written designation of beneficiary form filed with the PERS Board before the judge member’s death, the beneficiary of the judge member shall be the personal representative of the judge member’s estate. (6) Unpaid accrued retirement allowance. Any accrued retirement allowance due a retired judge member that is unpaid at the time of death of the judge member shall be paid as follows: (a) To the surviving spouse of the judge member; (b) If there is no surviving spouse of the judge member, to the beneficiary or beneficiaries of the judge member; or (c) If there is no surviving spouse or beneficiary of the judge member, in the manner provided for payments under ORS 238.390(2). (7) If the judge member, under the provisions of ORS 238.565(8), elects to have a portion of the pension payable to a surviving spouse paid to a former spouse, the designated portion shall be paid to the former spouse as a life pension. The portion of the pension not paid to the former spouse shall be paid to the surviving spouse, if any. (a) The life of the first former spouse designated to receive a pension under ORS 238.565(8) will be the measuring life of the pensions payable to the surviving spouse and to any other former spouse. (b) Upon the death of the first designated former spouse, the pensions payable to the surviving spouse and to any other former spouse shall cease. (c) If, at the death of the first designated former spouse, the total amount of the payments received by the retired judge member and the payments received by the surviving spouse and former spouse(s) is less than the amount credited to the deceased judge member’s account on the judge member’s effective retirement date, the judge member’s designated beneficiary or beneficiaries shall receive a lump sum payment equal to the remainder.