ORS 238.630: Board generally; rules.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) The governing authority of the system shall be a board known as the Public Employees Retirement Board and consisting of five members appointed by the Governor subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. Except as otherwise provided in ORS 238.640, the term of each member shall be three years. The Governor shall designate one member to serve as chairperson, who shall serve as chairperson at the pleasure of the Governor. (2) The board shall have: (a) The powers and privileges of a corporation, including the right to sue and be sued in its own name as such board; and (b) The power and duty, subject to the limitations of this chapter and ORS chapter 238A, of managing the system. (3) The board: (a) Shall arrange for actuarial service for the system; (b) Shall employ a director; (c) Shall create such other positions as it deems necessary to sound and economical administration of the system, which positions the director shall fill by appointment; (d) Shall, with the approval of the Director of the Oregon Department of Administrative Services, and as otherwise provided by law, fix the salaries of all persons employed for purposes of administering the system; (e) Shall publish and distribute to all employer and employee members of the system an annual report including a summary of investments of moneys in the fund, investment earnings, significant legislative or administrative changes in the system and other pertinent information on the operation of the system for the preceding year; (f) Shall determine the actuarial equivalency of optional forms of retirement allowances and pensions and adopt for that purpose the necessary actuarial equivalency factor tables in the manner provided by ORS 238.607, which shall constitute a part of the system; and (g) Shall adopt rules and take all actions necessary to maintain qualification of the Public Employees Retirement System and the Public Employees Retirement Fund as a qualified governmental retirement plan and trust under the Internal Revenue Code and under regulations adopted pursuant to the Internal Revenue Code. Rules under this paragraph may impose limits on contributions to the system, limits on benefits payable from the system and other limitations or procedures required or imposed under federal law or regulation for the purpose of qualification of the Public Employees Retirement System and Public Employees Retirement Fund under the Internal Revenue Code as a governmental retirement plan and trust. (4) The board established by this section shall succeed to all the duties and prerogatives of the Public Employees Retirement Board created by chapter 401, Oregon Laws 1945, in relation to the Public Employees Retirement Fund, and in addition shall perform all duties required of it by ORS 237.950 to 237.980, in regard to moneys payable to or from such fund. (5) The board shall identify by rule those records that must be maintained by participating public employers for the purposes of subsection (3)(g) of this section. A participating public employer shall maintain records for all employees who are members of the system as required by board rules, and shall provide that information to the board upon request. [Formerly 237.251; 1997 c.121 §3; 2001 c.945 §6; 2003 c.68 §8; 2003 c.69 §1; 2003 c.733 §57]
Administrative rules citing this section
- OAR 459-005-0055: Actuarial Equivalency Factors — authority
- OAR 459-005-0060: Standards for the Adoption of New Actuarial Equivalency Factors — authority
- 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 459-005-0506: Plan Compliance with Federal Statutes and Regulations — authority
- OAR 459-005-0525: Ceiling on Compensation for Purposes of Contributions and Benefits — authority
- OAR 459-005-0530: Limitation for Employers with Multiple Retirement Plans — for Contributions and Distributions Before January 1, 2000 — implements
- OAR 459-005-0530: Limitation for Employers with Multiple Retirement Plans — for Contributions and Distributions Before January 1, 2000 — authority
- OAR 459-005-0535: Annual Benefit Limitation — implements
- OAR 459-005-0535: Annual Benefit Limitation — authority
- OAR 459-005-0540: Permissive Service Credit — implements
- OAR 459-005-0540: Permissive Service Credit — authority
- OAR 459-005-0545: Annual Addition Limitation — implements
- OAR 459-005-0545: Annual Addition Limitation — authority
- OAR 459-005-0560: Required Minimum Distributions, Generally — implements
- OAR 459-005-0560: Required Minimum Distributions, Generally — authority
- OAR 459-005-0590: General Provisions and Applicability Date — Direct Rollovers — implements
- OAR 459-010-0078: Volunteer Service — implements
- OAR 459-013-0250: Service Retirement Applications Requirements — implements
- OAR 459-017-0060: Reemployment of Retired Members — authority
- OAR 459-075-0300: Reemployment of a Retired Member of the OPSRP Pension Program — authority
This rule cites
- ORS 171.562 — resolved
- 171.565 — resolved
- ORS 238.640 — resolved
- ORS 238.607 — resolved
- ORS 237.950 — resolved
- 237.980 — resolved
Cited by
- ORS 238.645: Director and staff.
- ORS 238.660: Fund generally; board review of legislative proposals.
- ORS 238.680: Integration of other retirement systems.
- ORS 243.401: Definitions for ORS 243.401 to 243.507.
- ORS 268.240: PERS membership for specified classes of district employees; conditions.
- OAR 459-005-0055: Actuarial Equivalency Factors
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors238.html