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Or. Rev. Stat. § 238.610

Administrative expenses of system; rules

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      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
Cited in 5 cases, 1996–2011 · leading case: Strunk v. Public Employees Retirement Board
Sort: Relevance Newest Treatment
Strunk v. Public Employees Retirement Board (2005) or · 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 (2011) or · 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. Public Employees Retirement Board (2010) orctapp · 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 (1996) or “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 (1996) or · 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. Public Employees Retirement Board (2005) or “250 (2001) and ORS 238.610 (2001) during the 2003 legislative session (the legislature did not amend ORS 238.”
Stovall v. State of Oregon (1996) or “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. Public Employees Retirement Board (2010) orctapp “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 (2011) or “” 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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