Oregon Revised Statutes

Or. Rev. Stat. § 238.390 (2026)

Death benefit

✓ current as of May 2026

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238.390 Death benefit. (1) If a member of the system dies before retiring, the amount of money, if any, credited at the time of death to the member account of the member in the fund shall be paid to the beneficiaries designated by the member. For this purpose a member may designate as a beneficiary any person or the executor or administrator of the estate of the member or a trustee named by the member to execute an express trust in regard to such amount. The termination of a person’s membership in the system pursuant to ORS 238.095 (1) or (2) invalidates any designation of beneficiary made by the person before the termination of membership.

(2)(a) If a member dies before retiring and has not designated a beneficiary under subsection (1) of this section, or if the designated beneficiary or beneficiaries do not survive the member, the Public Employees Retirement Board shall pay the amount of money, if any, credited at the time of death to the member account of the deceased member to the following person or persons, in the following order of priority:

(A) The member’s surviving spouse or other person who is constitutionally required to be treated in the same manner as a spouse;

(B) The member’s surviving children, in equal shares; or

(b) If a simple estate affidavit has been filed under ORS 114.515, the board shall pay the amount to the person who filed the affidavit if:

(A) The member’s estate is the designated beneficiary or is receiving the payment under paragraph (a) of this subsection; and

(B)(i) The estate of the decedent remains within the limits prescribed by ORS 114.510 (1)(a) after consideration of the amount of money credited at the time of death to the member account; or

(ii) The estate of the decedent meets the requirements of ORS 114.510 (1)(b).

(3) A beneficiary under subsection (1) or (2) of this section may elect to receive the amount payable in actuarially determined monthly payments for the life of such beneficiary as long as such monthly payments are at least $200.

(4) Accrued benefits due a retired member at the time of death are payable to the designated beneficiary or as provided in subsection (2) of this section. For the purpose of determining accrued benefits due a retired member at the time of death, accrued benefits are considered to have ceased as of the last day of the month preceding the month in which the retired member dies; but if Option 2 or Option 3 under ORS 238.305 has been elected as provided in this chapter and the beneficiary survives the retired member, the benefits to the beneficiary shall commence as of the first day of the month in which the retired member dies, and payment of benefits under Option 2 or Option 3 shall cease with the payment for the month preceding the month in which the beneficiary dies.

(5) If a member dies before retiring and has designated a beneficiary under subsection (1) of this section, but the beneficiary dies after the member and before distribution is made under this section, the Public Employees Retirement Board shall pay the amount of money, if any, that would otherwise have been paid to the beneficiary to a personal representative appointed for the estate of the deceased beneficiary. If a simple estate affidavit regarding the deceased beneficiary’s estate has been filed under ORS 114.515, the board shall pay the amount to the person who filed the simple estate affidavit if:

(a) The estate of the deceased beneficiary remains within the limits prescribed by ORS 114.510 (1)(a) after consideration of the amount of money that would have been payable to the deceased beneficiary; or

(b) The estate of the deceased beneficiary meets the requirements of ORS 114.510 (1)(b).

(6) Interest upon the member account of the member shall accrue until the date that the amount in the member account is distributed. Any balance in the variable account of the deceased member is considered to be transferred to the regular account of the member as of the date of death. The board shall establish procedures for computing and crediting interest on the balance in the member account for the period between the date of death and date of distribution.

(7) Payment by the board of amounts in the manner provided by this section completely discharges the board and system on account of the death, and shall hold the board and system harmless from any claim for wrongful payment. [Formerly 237.165; 2001 c.945 §56; 2003 c.67 §25; 2003 c.625 §1; 2005 c.808 §28; 2019 c.165 §22; 2023 c.17 §6; 2023 c.404 §9a]

Notes of Decisions

Cited in 5 cases, 2003–2018 · leading case: Hamlin v. Pub. Employees Ret. Bd., 359 P.3d 581 (Or. Ct. App. 2015).

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Hamlin v. Pub. Employees Ret. Bd., 359 P.3d 581 (Or. Ct. App. 2015). · cites it 7× “In fact, because ORS 238.390 applies to PERS members generally — not just to alternate payees — petitioner’s interpretation would mean that if PERS omitted for whatever reason to set up an account that it otherwise was required to set up for a PERScovered employee, and that…”

Wilkinson v. Pub. Employees Ret. Bd., 69 P.3d 1266 (Or. Ct. App. 2003). · cites it 3× “Although he had not named a beneficiary on resuming state employment, his earlier designation of ex-wife remained in effect by virtue of ORS 238.390(1). That statute provides that “withdrawal from the fund * * * shall not invalidate a prior designation of beneficiary in the…”

Petrillo v. Pub. Employees Ret. Bd., 398 P.3d 1006 (Or. Ct. App. 2017). · cites it 3× “” He contends that the agreement’s term “death benefit amount” should include the 20 percent credit in 1999 because a statute, ORS 238.390, defines “death benefit” to include “the amount of money, if any, credited at the time of death to the member account ***.”

Joyce v. Pub. Employees Ret. Bd., 147 P.3d 379 (Or. Ct. App. 2006). · cites it 6× “Petitioner argues that two statutes — ORS 238.390(6) and ORS 238.395(5)— authorize the payment of interest.”

Eugene Water & Elec. Bd. v. Pub. Emps. Ret. Bd., 430 P.3d 568 (Or. Ct. App. 2018). “In Wilkinson , we invoked the same mandate to conclude that neither the petitioner's withdrawal of retirement funds nor a marital dissolution had the effect of invalidating a beneficiary designation and that, under ORS 238.390(1), benefits will be paid to beneficiaries…”

— Or. Rev. Stat. § 238.390(1) — 2 cases

Wilkinson v. Pub. Employees Ret. Bd., 69 P.3d 1266 (Or. Ct. App. 2003). “Although he had not named a beneficiary on resuming state employment, his earlier designation of ex-wife remained in effect by virtue of ORS 238.390(1). That statute provides that “withdrawal from the fund * * * shall not invalidate a prior designation of beneficiary in the…”

— Or. Rev. Stat. § 238.390(2) — 1 case

Hamlin v. Pub. Employees Ret. Bd., 359 P.3d 581 (Or. Ct. App. 2015). “In fact, because ORS 238.390 applies to PERS members generally — not just to alternate payees — petitioner’s interpretation would mean that if PERS omitted for whatever reason to set up an account that it otherwise was required to set up for a PERScovered employee, and that…”

— Or. Rev. Stat. § 238.390(6) — 1 case

Joyce v. Pub. Employees Ret. Bd., 147 P.3d 379 (Or. Ct. App. 2006). “Petitioner argues that two statutes — ORS 238.390(6) and ORS 238.395(5)— authorize the payment of interest.”

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