74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 458
 
                         House Bill 2282
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Public Employees Retirement System)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Changes terminology for challenges made by members of Public
Employees Retirement System to accuracy of information used by
board in calculating retirement allowances or benefits.
 
                        A BILL FOR AN ACT
Relating to public employee retirement; creating new provisions;
  and amending ORS 238.450.
Be It Enacted by the People of the State of Oregon:
  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. + }
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