1. (1) Notwithstanding any provision to the contrary in OAR 459-005-0590 to 459-005-0599, a distributee's right to elect a direct rollover is subject to the following limitations:

   1. (a) A distributee may elect to have an eligible rollover distribution paid in a direct rollover to only one eligible retirement plan.
   2. (b) A distributee may elect a direct rollover only when his or her eligible rollover distribution(s) during a calendar year is reasonably expected to total $200 or more.
   3. (c) A distributee may elect to have part of an eligible rollover distribution be paid directly to the distributee, and to have part of the distribution paid as a direct rollover only if the member elects to have at least $500 transferred to the eligible retirement plan.

2. (2)

   1. (a) The provisions of subsection (1)(a) apply to any portion of a distribution, including after-tax employee contributions that are not includible in gross income.

   2. (b) Any portion of a distribution that consists of after-tax employee contributions that are not includible in gross income may be transferred only to:

      1. (A) An individual retirement account or annuity described in Code Section 408(a) or (b), including a Roth IRA; or
      2. (B) An annuity contract described in Code Section 403(b) or a qualified defined contribution or defined benefit plan that agrees to separately account for the amounts transferred, including separate accounting for the pre-tax and post-tax amounts.
   3. (c) The amount transferred shall be treated as consisting first of the portion of the distribution that is includible in gross income, determined without regard to Code Section 402(c)(1).
3. (3) The provisions of this rule are effective on January 1, 2008.

Statutory/Other Authority

ORS 238.650 & 238A.450

Statutes/Other Implemented

ORS 238 & 238A

History

PERS 11-2008, f. & cert. ef. 7-31-08
PERS 8-2008(Temp), f. & cert. ef. 5-21-08 thru 11-10-08
PERS 9-2007, f. & cert. ef. 7-26-07
PERS 5-2007(Temp), f. & cert. ef. 2-16-07 thru 8-14-07
PERS 8-2005, f. & cert. ef. 2-22-05
PERS 31-2004(Temp), f. & cert. ef. 12-15-04 thru 6-1-05
PERS 11-1998, f. & cert. ef. 12-17-98