ORS 238.105: Restoration of credit forfeited by reason of termination of membership.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) Whenever, within five years after the employee is separated from all service entitling the employee to membership in the Public Employees Retirement System, an employee who has withdrawn the amount credited to the member account of the member reenters the service of an employer participating in the system, the employee’s rights in the system that were forfeited by the withdrawal shall be restored upon repaying to the Public Employees Retirement Board within one year after reentering the service of the employer, the full amount so withdrawn, including the amount withdrawn from the member’s account established under ORS 238A.353, together with the interest that would have been accumulated on the sum had the amount not been withdrawn. (2) Restoration of rights under this section does not affect any forfeiture of rights of a person by reason of withdrawal of an account established under ORS 238.440. [Formerly 237.111 (3); 2001 c.945 §37; 2007 c.52 §4; 2019 c.355 §10; 2021 c.135 §6]
Administrative rules citing this section
- OAR 459-005-0005: Amendments to Retirement Law — implements
- OAR 459-005-0100: Definitions — Member’s Fiduciary — implements
- OAR 459-005-0110: Fiduciary Document Requirements — implements
- OAR 459-005-0130: Termination of Member’s Fiduciary — implements
- OAR 459-005-0140: Permissible Actions Under A Fiduciary Document — implements
- OAR 459-005-0150: Effective Date of Fiduciary Document Rules — implements
- OAR 459-005-0180: Incapacity of Members, Beneficiaries, and Alternate Payees — implements
- OAR 459-005-0210: Transmission of Information, Reports, and Documents — implements
- OAR 459-005-0215: Transmittal of Remittances or Payments — implements
- OAR 459-005-0530: Limitation for Employers with Multiple Retirement Plans — for Contributions and Distributions Before January 1, 2000 — implements
- OAR 459-005-0535: Annual Benefit Limitation — implements
- OAR 459-005-0540: Permissive Service Credit — implements
- OAR 459-005-0545: Annual Addition Limitation — implements
- OAR 459-005-0560: Required Minimum Distributions, Generally — implements
- OAR 459-005-0590: General Provisions and Applicability Date — Direct Rollovers — implements
- OAR 459-010-0078: Volunteer Service — implements
This rule cites
- ORS 238.440 — resolved
Cited by
- ORS 238.145: Credit for service as police officer or firefighter with nonparticipating employer.
- ORS 238.200: Employee contributions generally.
- ORS 238.364: Calculation of increased benefit payable under ORS 238.362.
- ORS 238.366: Retirement allowance increase based on years of service.
- ORS 238.430: Limitation on benefits payable to persons establishing membership on or after January 1, 1996.
- ORS 238.545: Withdrawal of member account; retirement allowance of inactive judge member.
- ORS 238.585: Use of creditable service by person who serves as both member and judge member; restoration of forfeited rights upon becoming judge member.
- ORS 238.607: Actuarial equivalency factor tables.
- ORS 526.052: Credits for former forest protective association employees.
- OAR 459-005-0540: Permissive Service Credit
- OAR 459-007-0025: Crediting Earnings to a Member Lump Sum Payment
- OAR 459-010-0055: Withdrawal of Contributions
- OAR 459-011-0050: Forfeiture and Restoration of Membership Rights
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors238.html