Or. Admin. Code § 459-045-0020

Current through Register Vol. 63, No. 11, November 1, 2024

Section 459-045-0020 - Court Orders

(1) A final court order must be received by PERS and approved as administrable before an alternate payee award can be established.

(a) PERS shall provide a written response as to whether a final court order is administrable to the member, the alternate payee, and their attorneys.

(b) Award information shall be provided to attorneys or other representatives of a member or an alternate payee only if a member release or an alternate payee release has been received by PERS.

(2) In the absence of a final court order, a restraining order or stay must be filed with PERS to prevent the distribution of any funds to a member.

(3) PERS shall establish an alternate payee award from a retired member's monthly benefit as soon as administratively feasible on a prospective basis only. Court orders that purport to award retroactive benefits or benefits to be paid before the final court order was received by PERS cannot be administered.

(4) If a final court order is received by PERS after a member has withdrawn from PERS under ORS 238.265, 238.545, 238A.120 or 238A.375, the final court order will be rejected as unadministrable.

Or. Admin. Code § 459-045-0020

PERS 5-1996, f. & cert. ef. 6-11-96; PERS 4-2010, f. & cert. ef. 5-28-10

Stat. Auth: ORS 238.465, 238.650 & 238A.450

Stats. Implemented: ORS 238.465