Chapter 53
AN ACT
HB 2282
Relating to public employee retirement; creating new provisions; and
amending ORS 238.450.
Be It Enacted by the People of
the State of
SECTION 1. ORS 238.450 is amended to read:
238.450. (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.
(2) A member of the
system may [contest] dispute the
accuracy of the information used by the system in making the computation [of the retirement allowance or benefit to
which the member is entitled upon retirement] only by filing a written
notice of [contest] 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 [contest] 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 [contest]
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 [contest] dispute
under subsection (2) of this section, the system shall determine the accuracy
of the [contested] 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 board consistent with applicable statutes.
(5) 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.
SECTION 2. The amendments to ORS 238.450 by section 1
of this 2007 Act apply only to computations of retirement allowances or
benefits that are provided to members under ORS 238.450 on or after the
effective date of this 2007 Act.
Approved by the Governor April 17, 2007
Filed in the office of Secretary of State April 17, 2007
Effective date January 1, 2008
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