1. (1) The order of priority when the alternate payee award is a reduction of a member’s benefit payment is as follows:

   1. (a) Adjustment for payments to be made from the Benefit Equalization Fund as established under ORS 238.485.
   2. (b) Withholding for an alternate payee benefit payment.
   3. (c) Withholding for an overpayment or erroneous payment of benefit.
   4. (d) Withholding for federal and state income taxes, and other current taxes.
   5. (e) Withholding in response to support liens in accordance with ORS 238.445.
   6. (f) Withholding in response to Internal Revenue Service (IRS) liens.
   7. (g) Withholding due to other administrable court orders.
   8. (h) Withholding for a premium payment of a PERS-sponsored health insurance plan.
   9. (i) Other voluntary withholdings authorized by the Board and elected by the member or beneficiary of the member.

2. (2) The order of priority when the alternate payee award is a deduction from a member’s benefit payment is as follows:

   1. (a) Adjustment for payments to be made from the Benefit Equalization Fund as established under ORS 238.485.
   2. (b) Withholding for an overpayment or erroneous payment of benefit.
   3. (c) Withholding for federal and state income taxes, and other current taxes.
   4. (d) Withholding for an alternate payee benefit payment.
   5. (e) Withholding in response to support liens in accordance with ORS 238.445.
   6. (f) Withholding in response to Internal Revenue Service (IRS) liens.
   7. (g) Withholding due to other administrable court orders.
   8. (h) Withholding for a premium payment of a PERS-sponsored health insurance plan.
   9. (i) Other voluntary withholdings authorized by the Board and elected by the member or beneficiary of the member.

Statutory/Other Authority

ORS 238.650, 238.715(9) & 238A.450

Statutes/Other Implemented

ORS 238.465

History

PERS 6-2015, f. & cert. ef. 5-29-15