OAR 459-045-0060: General Rules for Calculating Benefits

(1) If an alternate payee award is a reduction and the alternate payee elects to begin receiving their benefit before the member retires, the calculation of the alternate payee benefit: (a) Must use creditable service or retirement credit accrued by the member as of the alternate payee’s effective retirement date. (b) May not include any potential increase attributable to unused sick leave under ORS 238.350 or voluntary purchases of retirement credit. (2) Benefit payments to either the member or the alternate payee, or to both simultaneously, that exceed the allowable limits set forth in Section 415 of the Internal Revenue Code (IRC) shall be deducted from the benefit payment(s) to the member or the alternate payee, or both. Unless a final court order specifies the allocation of the deduction for benefits that exceed the limits in IRC Section 415, PERS shall pro rate the amount that exceeded those limits in the same proportions that benefits were awarded to the member and the alternate payee as specified in a final court order. (3) If PERS determines that an alternate payee has received benefits in excess of the amount to which the alternate payee is entitled, PERS shall recover any overpayment in accordance with ORS 238.715. (4) Payment of benefits under this division must not jeopardize the status of the programs as a tax-qualified governmental plan.