ORS 238.372: Increased benefits not payable to nonresidents.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) Except as provided in ORS 238.372 to 238.384, the Public Employees Retirement Board may not pay the increased benefits provided by chapter 796, Oregon Laws 1991, or chapter 569, Oregon Laws 1995, if the board receives notice under ORS 238.372 to 238.384 that the payments made to the person under this chapter are not subject to Oregon personal income tax under ORS 316.127 (9). (2) The board shall give written notification of the provisions of ORS 238.372 to 238.384 to all persons applying for or receiving payments under this chapter. (3) A person receiving payments under this chapter that are not increased under chapter 796, Oregon Laws 1991, or chapter 569, Oregon Laws 1995, by reason of ORS 238.372 to 238.384 has no right or claim to the increased benefit provided by chapter 796, Oregon Laws 1991, or chapter 569, Oregon Laws 1995, except as provided in ORS 238.372 to 238.384. [2011 c.653 §2; 2013 c.53 §11]
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 238.372 — resolved
- 238.384 — resolved
- ORS 316.127 — resolved
Cited by
- ORS 237.635: Mandated increase in benefits payable under systems other than Public Employees Retirement System; limitations.
- ORS 237.637: Additional mandated increase in benefits payable under systems other than Public Employees Retirement System; limitation.
- ORS 238.382: Statements constitute declaration under penalty of perjury.
- ORS 238.384: Rules.
- ORS 314.840: Disclosure of information; persons to whom information may be furnished.
- 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