Or. Admin. R. 459-015-0045 - Return to Work
(1) The Public
Employees Retirement Board allows a member who is receiving a disability
allowance to return to work as follows:
(a)
Returning to work in a PERS qualifying position. A member who has not been
medically released for any work for which qualified, may return to work in a
PERS qualifying position, as defined by OAR 459-010-0003, for a 90-day trial
period without losing disability retirement status. While the member is working
during this trial period:
(A) The disability
retirement allowance and supplemental benefits will be suspended.
(B) Any wages earned during the trial period
are excluded from the definition of salary for purposes of computing PERS
contributions or determining PERS retirement benefits unless the member
continues the employment beyond 90 days. If the member continues beyond the 90
days, the period will be considered qualifying as of the first day the member
returned to work and retroactive contributions, without interest, are
required.
(b) Returning
to work in a PERS non-qualifying position. A member who has not been medically
released for any work for which qualified, may return to work with a PERS
participating employer in a position not qualifying for PERS active membership,
as defined by OAR 459-010-0003. Unless the member has reached normal retirement
age, the monthly disability retirement will be adjusted by any earned income
issued during that month which, when added to the disability retirement
allowance, exceeds the gross monthly salary earned at the date of
disability.
(c) Returning to work
in a non-PERS position. A member who has not been medically released for any
work for which qualified, may be employed by other than a PERS participating
employer in a position that is not similar in compensation. Unless the member
has reached normal retirement age, the monthly disability retirement allowance
shall be adjusted by any earned income issued during that month which, when
added to the disability retirement allowance, exceeds the gross monthly salary
earned at the date of disability.
(d) If a member is able to generate income
that is similar in compensation for a period of three calendar months in six
consecutive calendar months, PERS shall initiate a review under the periodic
review standard in OAR 459-015-0050.
(2) A member's disability retirement
allowance will be terminated if the member has been medically released for any
work for which qualified, whether the member returns to work or not, and PERS
will invoice the member for, or recover under ORS
238.715, any overpayment of
benefits.
(3) If a member returns
to work as provided in sections (1) or (2) of this rule, the member must:
(a) Notify PERS in writing of the
reemployment within 30 days of such reemployment; and
(b) Report monthly to PERS the amount of any
earned income issued.
(4) PERS may contact other public or private
agencies, such as the Oregon Employment Department, the Oregon Department of
Revenue, or the U.S. Internal Revenue Service to obtain employment
information.
(5) Upon request by
PERS, a member must provide PERS with a copy of the member's federal income tax
returns, together with copies of IRS forms W-2.
(6) The Board may require medical examination
reports or vocational evaluations for any member receiving a disability
retirement allowance who is reemployed.
(7) If the member is reemployed under section
(1) of this rule and is unable to continue employment due to the disabling
injury or disease as confirmed by medical documentation, the member or employer
must notify PERS. If medical documentation substantiates that the disability
prevents the completion of the trial period, the disability retirement
allowance will be reinstated at the end of the 90 day period, or as of the date
the member leaves the trial employment, whichever is sooner.
(8) A disability retirement allowance shall
not be discontinued solely by reason of the retired member entering a training
or vocational rehabilitation program as defined in OAR
459-015-0001(24).
(9) Restoration
of member account after return to work. If a member returns to work in a PERS
qualifying position after the 90-day trial period described in section (1)(a)
of this rule, or is medically released at any time for any work for which they
are qualified, the disability claim will be closed.
(a) The member's regular and variable PERS
account(s) will be restored to the dollar amount of the account as of the
effective date of disability retirement. If a variable account transfer was
elected at the time of disability retirement, the amounts transferred from the
variable account to the regular account will remain in the regular
account.
(b) Earnings crediting
will resume as of the first of the month following the last month for which a
disability retirement allowance was paid.
(10) Creditable service. A member does not
receive creditable service while drawing a disability retirement allowance. If,
however, the member returns to work for a PERS participating employer, their
disability claim is closed, and they subsequently retire under a service
retirement, service time for the period of disability will be restored as
follows
(a) For duty disabilities, creditable
service will be granted to the member at no cost to the member.
(b) For non-duty disabilities, creditable
service may be purchased by the member under the provisions of ORS
238.175.
(11) For purposes of calculating retirement
credit accrued under ORS
238.175, the period of
disability for a member who receives workers' compensation payments under ORS
Chapter 656 and later returns to work with a PERS participating employer shall
be deemed to end upon the earlier of:
(a) The
date on which the member's workers' compensation payments end; or
(b) The date on which the member returns to
work with a PERS participating employer.
Notes
Statutory/Other Authority: ORS 238.650
Statutes/Other Implemented: ORS 238.175, 238.320 - 238.345 & 238.715
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