Chapter 527
AN ACT
SB 872
Relating to judges’ retirement; amending ORS 238.565; and declaring an
emergency.
Be It Enacted by the People of
the State of
SECTION 1. ORS 238.565 is amended to read:
238.565. (1) For the
purposes of this section, the beneficiary of the judge member shall be any
person, or the personal representative of the estate of the judge member, or a
trustee named by the judge member to execute an express trust, whom the judge
member designates as a beneficiary by written designation duly acknowledged and
filed with the board before the death of the judge member.
(2)(a) If a judge member
who has six or more years of service as a judge dies before retiring, and the
judge member is not an inactive judge member who is performing a pro tem
service obligation under the provisions of ORS 238.545 (4), the surviving
spouse of the judge member shall receive a life pension, payable monthly, equal
to two-thirds of the service retirement allowance the judge member would have
received under ORS 238.535 (1)(a) had the judge member retired on the date of
death.
(b) If a judge member
who has six or more years of service as a judge dies before retiring, and the
judge member is an inactive member who is performing a pro tem service
obligation under the provisions of ORS 238.545 (4), the surviving spouse of the
judge member shall receive a life pension, payable monthly, equal to two-thirds
of the service retirement allowance the judge member would have received under
ORS 238.535 (1)(b) had the judge member retired on the date of death.
(c) If a surviving
spouse receiving a pension under paragraph (a) or (b) of this subsection dies
and the total amount received as pension by the surviving spouse is less than
the amount credited to the member account of the judge member in the fund on
the date of death of the judge member, the beneficiary shall receive a lump sum
amount equal to the difference between the total amount received by the
surviving spouse and the amount so credited to the member account of the judge
member.
(d) If a judge member
who has six or more years of service as a judge dies before retiring and has no
surviving spouse, the beneficiary shall receive a lump sum amount equal to the
amount credited to the member account of the judge member in the fund on the
date of death of the judge member.
(e) If the surviving
spouse of a judge member who dies before retiring is not entitled to a pension
under paragraph (a) or (b) of this subsection, the surviving spouse shall receive
a lump sum amount equal to the amount credited to the member account of the
judge member in the fund on the date of death of the judge member.
(3)(a) If a judge member
dies after retiring, the surviving spouse of the judge member shall receive a
life pension, payable monthly, equal to two-thirds of the retirement allowance
the judge member is receiving or is entitled to receive on the date of death.
(b) If a surviving
spouse receiving a pension under paragraph (a) or (b) of this subsection dies
and the total amount received as retirement allowance by the retired judge
member and as pension by the surviving spouse is less than the amount credited
to the member account of the judge member on the date of retirement of the
judge member, the beneficiary shall receive a lump sum amount equal to the
difference between the total amount received as retirement allowance and
pension and the amount so credited to the member account of the judge member.
(c) If a judge member
dies after retiring and has no surviving spouse, and the total amount received
as retirement allowance by the retired judge member is less than the amount
credited to the member account of the judge member on the date of retirement of
the judge member, the beneficiary shall receive a lump sum amount equal to the
difference between the total amount received as retirement allowance and the
amount so credited to the member account of the judge member.
(4) At any time after
becoming a judge member, but not later than the date on which the first payment
on account of retirement is due, a judge member may elect to provide an
addition to the pension of the surviving spouse of the judge member under
subsection (3)(a) of this section by selecting a
reduced retirement allowance for the judge member. The additional pension to
the surviving spouse shall be the actuarial equivalent of the reduction in the
retirement allowance of the judge member and, in no event, when added to the
pension under subsection (3)(a) of this section, shall
it exceed the reduced retirement allowance elected by the judge member.
(5) Any accrued
retirement allowance due a retired judge member that is unpaid at the time of
death of the judge member shall be paid to the surviving spouse of the judge
member. If there is no surviving spouse, the accrued retirement allowance shall
be paid to the beneficiary of the judge member. If there is no surviving spouse
or beneficiary, the accrued retirement allowance shall be paid as provided in
ORS 238.390 (2).
(6) Notwithstanding any
other provision of this section, a judge member shall be considered to have
died with no surviving spouse if:
(a) The judge member has
entered into a prenuptial or antenuptial agreement with the spouse of the judge
that provides that the spouse shall have no right or claim to a surviving
spouse’s pension; and
(b) The judge member has
filed a copy of the prenuptial or antenuptial agreement with the board before
the death of the judge member.
(7) The board shall not
be liable for any payment made to a beneficiary by reason of a prenuptial or
antenuptial agreement filed with the board under subsection (6) of this section
unless the board has actual knowledge that the agreement has been revoked.
(8) A judge member
may elect to have all or part of the pension that is payable to a surviving
spouse under this section be paid to a former spouse of the judge member. The
election may be made before or after the judge member retires. If a judge
member makes an election under this subsection, the board shall pay the
designated portion of pension to the former spouse for the life of the former
spouse. If a judge member is married at the time an election is made under this
subsection, the spouse of the judge member must give written consent to the
election. An election under this subsection does not affect the amount of any
additional pension elected by a judge member under subsection (4) of this
section. If a judge member makes an election under this subsection and the
judge member does not have a surviving spouse when the judge member dies, the
former spouse shall receive a life pension for only that part of the pension
specified in the election. If a judge member makes an election under this
subsection and the judge member has a surviving spouse when the judge member dies:
(a) The surviving spouse
shall receive no benefit if the judge member elected to have the entire pension
payable under this section paid to the former spouse; or
(b) The surviving spouse
shall receive that part of the pension not paid to the former spouse until the
death of the former spouse.
SECTION 2. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor June 20, 2007
Filed in the office of Secretary of State June 21, 2007
Effective date June 20, 2007
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