Or. Admin. R. 459-045-0001 - Definitions
The words and phrases used in this division have the same meaning given them in ORS Chapters 238 and 238A. Specific and additional terms for purposes of this division are defined as follows unless context requires otherwise.
(1) "Administrable" means
that the language in a final court order that outlines an alternate payee award
can be administered within the provisions of ORS Chapters 238, 238A, and this
division.
(2) "Alternate payee"
means the recipient of an award of a portion or all of a PERS member's
account(s) or benefits as provided for in the terms of any judgment of
annulment, dissolution of marriage, dissolution of registered domestic
partnership, or separation, or the terms of any court order or court-approved
property settlement agreement incident to any judgment of annulment,
dissolution of marriage, dissolution of registered domestic partnership, or
separation.
(3) "Alternate payee
account" means a court-ordered separate account created under ORS
238.465 in the name of an
alternate payee.
(4) "Alternate
payee release" means a written statement that is signed by the alternate payee
and received by PERS authorizing the release of information, and directing to
whom and where the information is to be sent pertaining to:
(a) The alternate payee's interest in the
member's account(s) or member's vested interest in the Fund;
(b) The alternate payee's account and benefit
information if a separate account has been created in the name of the alternate
payee;
(c) Benefit information
applicable to either subsection (a) or (b) of this section; and
(d) Award information contained in any draft
or final court order in regard to the alternate payee on record with
PERS.
(5) "Award" means
the portion of a member's account(s) or of the member's benefits under ORS
Chapter 238 or 238A awarded to an alternate payee by a final court
order.
(6) "Court order" means a
court decree or judgment of annulment, dissolution of marriage, dissolution of
registered domestic partnership, or separation, or the terms of any court order
or court-approved property settlement agreement incident to any judgment of
annulment, dissolution of marriage, dissolution of registered domestic
partnership, or separation, which includes the content of any PERS divorce
forms attached as exhibits.
(7)
"Deduction" means an alternate payee's award is subtracted from the member's
benefit(s) after tax.
(8) "Draft
court order" means an order for dividing a PERS account(s) or benefits that has
been prepared but not approved or signed by the court or filed with the court
clerk, which includes the content of any PERS divorce forms attached as
exhibits.
(9) "Final court order"
means a court order that has been signed by a judge and shows the stamp of the
court clerk or trial court administrator indicating the order is a certified
copy of the original record that is on file with the court.
(10) "Joint and survivor annuity" means any
retirement annuity option under which a monthly lifetime annuity is payable to
a surviving beneficiary of a member.
(11) "Married time ratio" means the fraction
in which the numerator is the years and months of creditable service time or
retirement credit accrued by the member during a specified period or while
married to or in a registered domestic partnership with the alternate payee as
provided in the court order and the denominator is the member's total
creditable service time or retirement credit accrued by the member at the time
of retirement.
(12) "Member" means
a person described in ORS
238.005,
238.500(3), or
238A.005, who is the current or
former spouse or partner of an alternate payee.
(13) "Member release" means a written
statement that is signed by a member and received by PERS authorizing the
release of information, and directing to whom and where information is to be
sent pertaining to:
(a) The member's
account(s);
(b) The member's
interest in the Fund;
(c) Benefit
information applicable to either subsection (a) or (b) of this section;
and
(d) Award information contained
in any draft or final court order in regard to the member on record with
PERS.
(14) "Partner" has
the same meaning as defined in ORS
106.310(2)
(15) "PERS divorce forms" means the forms
provided by PERS that must be completed to describe a court order's provisions
relating to administration of a member's benefit that is subject to that
order.
(16) "Reduction" means an
alternate payee's award is subtracted from the member's benefit(s) before
tax.
(17) "Registered domestic
partnership" has the same meaning as domestic partnership as defined in ORS
106.310(1).
Notes
Stat. Auth.: ORS 238.465, 238.650 & 238A.450
Stats. Implemented: ORS 238.465
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