ORS 238.450: Computation of retirement allowance or benefit; notice of dispute; prohibition on modification of data.

(1) Upon receiving an application for a retirement allowance or benefit from a member of the Public Employees Retirement System and obtaining information necessary for computation of the retirement allowance or benefit to which the member is entitled upon retirement, the system shall provide to the member a written computation of the retirement allowance or benefit to which the member is entitled upon retirement and summary of the information used in making that computation. The written computation must include detailed information about the number of overtime hours performed by the member during the period used to calculate the member’s final average salary and the number of overtime hours applied to the calculation of the member’s final average salary. (2) A member of the system may dispute the accuracy of the information used by the system in making the computation only by filing a written notice of dispute with the system not later than whichever of the following days occurs last: (a) The 240th day after the date on which the computation and information summary is provided to the member pursuant to subsection (1) of this section. (b) The 240th day after the date on which the retirement allowance or benefit to which the member is entitled first becomes payable. (3) The filing of a notice of dispute under subsection (2) of this section extends the time allowed for election of an optional form of retirement allowance or benefit until the 30th day after the conclusion of the proceeding and any judicial review thereof if the proceeding or review results in a change in the computation of the retirement allowance or benefit. (4) Upon receiving a notice of dispute under subsection (2) of this section, the system shall determine the accuracy of the disputed information and make a written decision either affirming the accuracy of the information and computation based thereon or changing the computation using corrected information. The system shall provide to the member a copy of the decision and a written explanation of any applicable statutes and rules. The member is entitled to judicial review of the decision as provided in ORS 183.484 and rules of the Public Employees Retirement Board consistent with applicable statutes. (5) After the last date for filing a written notice of dispute under subsection (2) of this section, a participating public employer may not modify information that is provided to the system and that relates to a member’s creditable service, retirement credit, salary, employee contributions or accumulated unused sick leave, unless specifically required by one of the following circumstances: (a) To comply with a judgment, administrative order, arbitration award, conciliation agreement, settlement agreement or other legal agreement entered into after the last date for filing a written notice of dispute under subsection (2) of this section; (b) To comply with ORS 238.156 or 238A.150; (c) To comply with a verification of retirement data under ORS 238.285 that was submitted to the system before the member’s effective date of retirement; or (d) To make a correction or modification as a result of a dispute under subsection (2) of this section, or in response to the board’s request under ORS 238.285 (5) for the purpose of a determination under ORS 238.285 (2) or (4). (6) This section does not affect any authority of the system, on its own initiative, to correct an incorrect computation of any retirement allowance or benefit. [Formerly 237.210; 2007 c.53 §1; 2023 c.404 §15; 2025 c.49 §2; 2025 c.490 §1]