OAR 459-080-0150: Employee Contributions into the IAP Account

(1) Definitions. For the purposes of this rule: (a) “Forfeiture account” means the account set up by PERS to administer overpayments of employee contributions. (b) “Salary” has the same meaning provided in: (A) ORS 238A.005 for members who established membership in the Individual Account Program under the provisions of OAR 459-080-0010(1); or (B) ORS 238.005 for members who established membership in the Individual Account Program under the provisions of OAR 459-080-0010(2) or (3). (2) Employee contributions under the OPSRP Individual Account Program (“IAP”) are required from all eligible employees who qualify as members, as established under OAR 459-080-0010, who: (a) Are working in a position designated as a “qualifying position” as defined in OAR 459-070 0001; or (b) Perform a total of 600 or more hours in a calendar year with one or more participating employers in one or more classes the participating employer has designated as a participating class. (3) Contributions for current members. (a) For a member who meets the standard set forth in section (2)(a) of this rule, contributions of six percent of the member’s salary are required to be transmitted for all pay periods assigned under OAR 459-070-0100 from the date of hire, or January 1 of the current year, whichever is later. (b) Once a member meets the standard set forth in section (2)(b) of this rule, retroactive contributions of six percent of the member’s salary are required to be transmitted following the member’s performance of 600 hours in the calendar year. Contributions are due for all pay periods assigned under OAR 459-070-0100 from the date of hire, or January 1 of the current year, whichever is later. (4) Contributions for new employees who establish membership on or after January 1, 2016. (a) For an eligible employee who meets the standard set forth in section (2)(a) of this rule, contributions of six percent of the member’s salary are required to be transmitted for wages that are attributable to services performed by the employee during the first full pay period after the employee has established membership in the IAP as set forth under OAR 459-080-0010. (b) Once an eligible employee meets the standard set forth in section (2)(b) of this rule, retroactive contributions of six percent of the member’s salary are required to be transmitted for wages that are attributable to services performed by the employee during the first full pay period after the employee has established membership in the IAP as set forth under OAR 459-080-0010. (5)(a) If contributions are submitted on behalf of an eligible employee who does not meet the standards set forth under section (2)(a) or (b) of this rule, the actual amount of those contributions will be returned after the end of the calendar year during which the pay period triggering those contributions ended. (b) Any net earnings, losses, or administrative fees attributable to the returned contributions will be applied to the forfeiture account.