ORS 238.368: Retirement allowance increases for members who retired before January 1, 1991.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) In addition to any increase under ORS 238.360, first effective for the month of December 1990, payable January 1, 1991, the monthly retirement allowance payable to or on account of any person who has retired as a member of the Public Employees Retirement System shall be increased by the following percentages: (a) If the member was serving as other than a police officer or firefighter at the time of retirement, the percentage increase shall be: (A) For a member with a combined total of 10 or more years of creditable service in the system and prior service credit but less than a combined total of 20 years, one percent. (B) For a member with a combined total of 20 or more years of creditable service in the system and prior service credit but less than a combined total of 25 years, two percent. (C) For a member with a combined total of 25 or more years of creditable service in the system and prior service credit but less than a combined total of 30 years, three percent. (D) For a member with a combined total of 30 or more years of creditable service in the system and prior service credit, four percent. (b) If the member was serving as a police officer or firefighter at the time of retirement, the percentage increase shall be: (A) For a member with a combined total of 10 or more years of creditable service in the system and prior service credit but less than a combined total of 20 years, one percent. (B) For a member with a combined total of 20 or more years of creditable service in the system and prior service credit but less than a combined total of 25 years, two and one-half percent. (C) For a member with a combined total of 25 or more years of creditable service in the system and prior service credit, four percent. (c) The monthly retirement allowance payable to or on account of a member with less than a combined total of 10 years of creditable service in the system and prior service credit at the time of retirement shall not be increased under the provisions of this subsection. (2) In addition to any increase under ORS 238.360, first effective for the month of December 1990, payable January 1, 1991, the monthly retirement allowance payable to or on account of any person who has retired as a member of the Public Employees Retirement System shall be increased by a percentage equal to the percentage calculated under ORS 238.364 (4), less any increase provided to the retired member under subsection (1) of this section. (3) The increased allowance provided in subsections (1) and (2) of this section shall be funded by employer contributions. [Formerly 238.387]
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 238.360 — resolved
- ORS 238.364 — resolved
Cited by
- ORS 238.362: Increased benefits payable in compensation for certain damages attributable to taxation of benefits.
- ORS 238.575: Cost-of-living adjustments; ad hoc increase.
- OAR 459-013-0310: Payment of Increased Benefits under ORS 238.372 to 238.384
- OAR 459-013-0320: Payment of Increased Benefits to an Alternate Payee
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors238.html