OAR 459-045-0050: Application Requirements for Alternate Payees

(1) An alternate payee must apply for benefits on PERS forms. (2) An application for benefits must be accompanied by a final court order that is administrable by PERS, unless an administrable final court order is already on file with PERS. (3)(a) An alternate payee’s effective retirement date is the later of: (A) The first day of the calendar month specified on the alternate payee’s retirement application; or (B) The first day of the calendar month following the date an application was received by PERS. (b) If a final court order allows the alternate payee to commence benefits under ORS 238.465(2)(a), the effective retirement date can be no earlier than the first of the month following the month in which the member reaches earliest retirement eligibility. (4) A request to cancel an application for benefits must be: (a) In writing; (b) Signed by the alternate payee; and (c) Received by PERS no later than the day before the issue date of the first payment. (5) An alternate payee may not apply for alternate payee benefits due to his or her own disability. (6) Alternate payees must keep PERS informed of their current mailing address at all times. A change of mailing address must be submitted to PERS in writing and signed by the alternate payee.