238.715
Recovery of overpayments; rules.
(1) If the Public Employees Retirement Board determines that a member of the
Public Employees Retirement System or any other person receiving a monthly
payment from the Public Employees Retirement Fund has received any amount in
excess of the amounts that the member or other person is entitled to under this
chapter and ORS chapter 238A, the board may recover the overpayment or other
improperly made payment by:
(a) Reducing the
monthly payment to the member or other person for as many months as may be
determined by the board to be necessary to recover the overpayment or other
improperly made payment; or
(b) Reducing the
monthly payment to the member or other person by an amount actuarially
determined to be adequate to recover the overpayment or other improperly made
payment during the period during which the monthly payment will be made to the
member or other person.
(2)(a) Any person
who receives a payment from the Public Employees Retirement Fund and who is not
entitled to receive that payment, including a member of the system who receives
an overpayment, holds the improperly made payment in trust subject to the board’s
recovery of that payment under this section or by a civil action or other
proceeding.
(b) The board may
recover an improperly made payment in the manner provided by subsection (1) of
this section from any person who receives an improperly made payment from the
fund and who subsequently becomes entitled to receive a monthly payment from the
fund.
(c) The board may
recover an improperly made payment by reducing any lump sum payment in the
amount necessary to recover the improperly made payment if a person who
receives an improperly made payment from the fund subsequently becomes entitled
to receive a lump sum payment from the fund.
(3) Unless the
member or other person receiving a monthly payment from the fund authorizes a
greater reduction, the board may not reduce the monthly payment made to a
member or other person under the provisions of subsection (1) of this section
by an amount that is equal to more than 10 percent of the monthly payment.
(4) Before
reducing a benefit to recover an overpayment or erroneous payment, or pursuing
any other collection action under this section, the board shall give notice of
the overpayment or erroneous payment to the person who received the payment.
The notice shall describe the manner in which the person who received the
payment may appeal the board’s determination that an overpayment or erroneous
payment was made, the action the board may take if the person does not respond
to the notice and the authority of the board to assess interest, penalties or
costs of collection.
(5) If the board
determines that an overpayment or erroneous payment was not caused by the
system or by a participating public employer, the board may assess interest in
an amount equal to one percent per month on the balance of the improperly made
payment until the payment is fully recovered. The board may also assess to the
member or other person all costs incurred by the system in recovering the
payment, including attorney fees. Interest and costs may be collected in the
manner prescribed in subsections (1) and (2) of this section. The board may
waive the interest and costs on an overpayment or other improperly made payment
for good cause shown.
(6)
Notwithstanding ORS 293.240, the board may waive the recovery of any payment or
payments made to a person who was not entitled to receive the payment or
payments if the total amount of the overpayment or other improperly made
payments is less than $200.
(7) A payment
made to a person from the fund may not be recovered by the board unless within
six years after the date that the payment was made the board has commenced
proceedings to recover the payment. For the purposes of subsection (1) of this
section, the board shall be considered to have commenced proceedings to recover
the payment upon mailing of notice to the person receiving a monthly payment
that the board has determined that an overpayment or other improperly made
payment has been made.
(8) The remedies
authorized under this section are supplemental to any other remedies that may
be available to the board for recovery of amounts incorrectly paid from the
fund to members of the system or other persons.
(9) The board
shall adopt rules establishing the procedures to be followed by the board in
recovering overpayments and erroneous payments under this section. [Formerly
237.312; 2003 c.105 §6; 2003 c.733 §66; 2025 c.49 §1]
Notes of Decisions
Arken v. City of Portland, 263 P.3d 975 (Or. 2011).
· cites it 56× “PERB has sought to recoup these overpayments to the Window Retirees through an overpayment recovery mechanism set out in ORS 238.715. 2 PERB has done so in two steps.”
Strunk v. Pub. Employees Ret. Bd., 108 P.3d 1058 (Or. 2005).
· cites it 12× “In fact, they assert, another statute ORS 238.715 (which we discuss in greater detail below) authorizes PERB to recover the over-credited amounts from petitioners, even though they are retired.”
Bell v. Pub. Employees Ret. Bd., 247 P.3d 319 (Or. Ct. App. 2010).
· cites it 3× “44 pursuant to ORS 238.715, which authorizes defendant to recover overpayments.”
Robertson v. Kulongoski, 359 F. Supp. 2d 1094 (D. Or. 2004).
· cites it 4× “ORS § 238.715 allows PERB to recover any excess payment from a member who received an amount greater than their legal entitlement.”
Strunk v. Pub. Employees Ret. Bd., 169 P.3d 1242 (Or. 2007).
“715(1) allows PERB to recover any sum improperly paid from the state retirement fund by: “(a) Reducing the monthly payment to the member or other person for as many months as may be determined by the board to be necessary to recover the overpayment or other improperly made…”
White v. Pub. Employees Ret. Bd., 268 P.3d 600 (Or. 2011).
“19 It may also be appropriate for the trial court to consider PERB’s policies for accounting *460 for overpayments to retirees that are later recovered under ORS 238.715. In Arken , this court held that PERB could recover overpayments to retirees, including at least some of the…”
Metje v. Pub. Emps. Ret. Sys., 421 P.3d 398 (Or. Ct. App. 2018).
· cites it 26× “Rather, petitioners argued that they were entitled to summary determination as a matter of law, contending that, under ORS 238.715, to initiate collection efforts against a lump-sum payee, PERS was required to file a civil action in circuit court, and had failed to do so.”
Petrillo v. Pub. Employees Ret. Bd., 398 P.3d 1006 (Or. Ct. App. 2017).
“715(2) provides: “Any person who receives a payment from the Public Employees Retirement Fund and who is not entitled to receive that payment, including a member of the system who receives an overpayment, holds the improperly made payment in trust subject to the board’s recovery…”
— Or. Rev. Stat. § 238.715(1) — 4 cases
Strunk v. Pub. Employees Ret. Bd., 108 P.3d 1058 (Or. 2005).
“In fact, they assert, another statute ORS 238.715 (which we discuss in greater detail below) authorizes PERB to recover the over-credited amounts from petitioners, even though they are retired.”
Strunk v. Pub. Employees Ret. Bd., 169 P.3d 1242 (Or. 2007).
“715(1) allows PERB to recover any sum improperly paid from the state retirement fund by: “(a) Reducing the monthly payment to the member or other person for as many months as may be determined by the board to be necessary to recover the overpayment or other improperly made…”
Metje v. Pub. Emps. Ret. Sys., 421 P.3d 398 (Or. Ct. App. 2018).
“Rather, petitioners argued that they were entitled to summary determination as a matter of law, contending that, under ORS 238.715, to initiate collection efforts against a lump-sum payee, PERS was required to file a civil action in circuit court, and had failed to do so.”
— Or. Rev. Stat. § 238.715(2) — 3 cases
Arken v. City of Portland, 263 P.3d 975 (Or. 2011).
“PERB has sought to recoup these overpayments to the Window Retirees through an overpayment recovery mechanism set out in ORS 238.715. 2 PERB has done so in two steps.”
Petrillo v. Pub. Employees Ret. Bd., 398 P.3d 1006 (Or. Ct. App. 2017).
“715(2) provides: “Any person who receives a payment from the Public Employees Retirement Fund and who is not entitled to receive that payment, including a member of the system who receives an overpayment, holds the improperly made payment in trust subject to the board’s recovery…”
Metje v. Pub. Emps. Ret. Sys., 421 P.3d 398 (Or. Ct. App. 2018).
“Rather, petitioners argued that they were entitled to summary determination as a matter of law, contending that, under ORS 238.715, to initiate collection efforts against a lump-sum payee, PERS was required to file a civil action in circuit court, and had failed to do so.”
— Or. Rev. Stat. § 238.715(2)(b) — 1 case
Metje v. Pub. Emps. Ret. Sys., 421 P.3d 398 (Or. Ct. App. 2018).
“Rather, petitioners argued that they were entitled to summary determination as a matter of law, contending that, under ORS 238.715, to initiate collection efforts against a lump-sum payee, PERS was required to file a civil action in circuit court, and had failed to do so.”
— Or. Rev. Stat. § 238.715(4) — 2 cases
Arken v. City of Portland, 263 P.3d 975 (Or. 2011).
“PERB has sought to recoup these overpayments to the Window Retirees through an overpayment recovery mechanism set out in ORS 238.715. 2 PERB has done so in two steps.”
Metje v. Pub. Emps. Ret. Sys., 421 P.3d 398 (Or. Ct. App. 2018).
“Rather, petitioners argued that they were entitled to summary determination as a matter of law, contending that, under ORS 238.715, to initiate collection efforts against a lump-sum payee, PERS was required to file a civil action in circuit court, and had failed to do so.”
— Or. Rev. Stat. § 238.715(7) — 1 case
Metje v. Pub. Emps. Ret. Sys., 421 P.3d 398 (Or. Ct. App. 2018).
“Rather, petitioners argued that they were entitled to summary determination as a matter of law, contending that, under ORS 238.715, to initiate collection efforts against a lump-sum payee, PERS was required to file a civil action in circuit court, and had failed to do so.”
— Or. Rev. Stat. § 238.715(8) — 2 cases
Strunk v. Pub. Employees Ret. Bd., 108 P.3d 1058 (Or. 2005).
“In fact, they assert, another statute ORS 238.715 (which we discuss in greater detail below) authorizes PERB to recover the over-credited amounts from petitioners, even though they are retired.”
Arken v. City of Portland, 263 P.3d 975 (Or. 2011).
“PERB has sought to recoup these overpayments to the Window Retirees through an overpayment recovery mechanism set out in ORS 238.715. 2 PERB has done so in two steps.”
— Or. Rev. Stat. § 238.715(l)(b) — 1 case
Arken v. City of Portland, 263 P.3d 975 (Or. 2011).
“PERB has sought to recoup these overpayments to the Window Retirees through an overpayment recovery mechanism set out in ORS 238.715. 2 PERB has done so in two steps.”
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