238.610
Administrative expenses of system; rules. (1)(a) The administrative expenses of the Public
Employees Retirement System shall be paid from interest earned by the Public
Employees Retirement Fund; provided, that if such interest be insufficient the
expense in excess thereof shall be paid from the contributions which this
chapter and ORS 238A.220 and 238A.240 require participating employers to pay
into the Public Employees Retirement Fund. The Public Employees Retirement
Board by rule may establish procedures for recovering administrative costs from
members for services provided in estimating retirement benefit amounts and
processing payments if the board determines that the services requested by an
individual member result in extraordinary costs to the system.
(b) The board may
adopt rules establishing procedures for recovering administrative costs from
participating public employers for providing to those employers information or
services needed to report in compliance with generally accepted accounting
principles. Administrative costs recovered under this paragraph may be
recovered only from interest earned on employer contributions made under ORS
238.225 or 238A.220.
(2) In order to
facilitate financing the establishment and administration of the system the
board may designate fiscal periods and may provide that extraordinary expenses
incurred during one such period, such as expenses for equipment and actuarial
studies, may, for purposes of equitably distributing part of the burden of the
expenses, be apportioned to subsequent fiscal periods in such manner as to the
board seems equitable.
(3) For each
fiscal period designated by the board there shall be deducted from the interest
earned by the fund, the administrative expenses of the system for that period;
provided, that if such interest be insufficient for such purpose, the excess
expense shall be paid by deducting from the account of each employer
participating in the system that fraction of the administrative expense of the
system for that period which the employer’s total contribution to the fund for
the period is of the sum of all the employers’ contributions to the fund for
the period.
(4) Amounts
payable as refunds and retirement allowances shall not for any purpose be
deemed expenses of the board and shall not be included in its biennial
departmental budget. [Formerly 237.291; 2003 c.105 §5; 2003 c.733 §56; 2014
c.105 §1]
Notes of Decisions
Strunk v. Pub. Employees Ret. Bd., 108 P.3d 1058 (Or. 2005).
· cites it 6× “250 (2001) and ORS 238.610 (2001) during the 2003 legislative session (the legislature did not amend ORS 238.”
Arken v. City of Portland, 263 P.3d 975 (Or. 2011).
· cites it 2× “” 24 We note that this result comports with the express terms of ORS 238.610(4), which provides: “Amounts payable as * * * retirement allowances shall not for any purpose be deemed expenses of the hoard * * We further note that whether the terms of ORS 238.”
Murray v. Pub. Employees Ret. Bd., 230 P.3d 993 (Or. Ct. App. 2010).
· cites it 28× “The board ultimately issued a final order affirming those charges because it concluded that the Variable Account’s pro rata share of PERS administrative expenses in 2001 and 2002 was required, by statute, to be paid from Variable Account principal.”
Stovall v. State of Oregon, 922 P.2d 646 (Or. 1996).
“ORS 238.610(1), (3). The employee of a participating employer is then entitled to receive retirement benefits in proportion to that employee’s individual contributions and “the contributions of employers.”
Oregon State Police Officers' Ass'n v. State, 918 P.2d 765 (Or. 1996).
· cites it 2× “, ORS 238.610 (system administrative expenses are to be paid from investment earnings or, if earnings are insufficient, from employer contributions).”
— Or. Rev. Stat. § 238.610(1) — 2 cases
Strunk v. Pub. Employees Ret. Bd., 108 P.3d 1058 (Or. 2005).
“250 (2001) and ORS 238.610 (2001) during the 2003 legislative session (the legislature did not amend ORS 238.”
Stovall v. State of Oregon, 922 P.2d 646 (Or. 1996).
“ORS 238.610(1), (3). The employee of a participating employer is then entitled to receive retirement benefits in proportion to that employee’s individual contributions and “the contributions of employers.”
— Or. Rev. Stat. § 238.610(2) — 1 case
Murray v. Pub. Employees Ret. Bd., 230 P.3d 993 (Or. Ct. App. 2010).
“The board ultimately issued a final order affirming those charges because it concluded that the Variable Account’s pro rata share of PERS administrative expenses in 2001 and 2002 was required, by statute, to be paid from Variable Account principal.”
— Or. Rev. Stat. § 238.610(4) — 1 case
Arken v. City of Portland, 263 P.3d 975 (Or. 2011).
“” 24 We note that this result comports with the express terms of ORS 238.610(4), which provides: “Amounts payable as * * * retirement allowances shall not for any purpose be deemed expenses of the hoard * * We further note that whether the terms of ORS 238.”
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