2017 ORS 238A.120¹
Withdrawal from pension program by vested inactive member

(1) A vested inactive member may withdraw from the pension program if:

(a) The actuarial equivalent of the member’s benefit under the pension program at the time of withdrawal is $5,000 or less; and

(b) The inactive member has separated from all service with participating public employers and with employers who are treated as part of a participating public employer’s controlled group under the federal laws and rules governing the status of the system and the fund as a qualified governmental retirement plan and trust.

(2) Upon withdrawal under this section, the Public Employees Retirement Board shall pay the withdrawing member the actuarial equivalent of the member’s benefit in a lump sum.

(3) If a vested inactive member withdraws from the pension program under this section and is thereafter reemployed by a participating public employer:

(a) The person may reestablish membership in the pension program only for the purpose of service performed after the person is reemployed; and

(b) Any service performed before the withdrawal may not be credited toward the period of service required by ORS 238A.100 (Establishing membership under pension program) or 238A.115 (Vesting) or toward the accrual of retirement credit under ORS 238A.140 (Accrual of retirement credit), 238A.150 (Retirement credit for service in uniformed services) or 238A.155 (Retirement credit for periods of disability).

(4) A member who has an individual account or accounts in the individual account program established under ORS 238A.025 (Oregon Public Service Retirement Plan established) may withdraw from the pension program under this section only if the member also withdraws all individual accounts pursuant to ORS 238A.375 (Distribution of accounts to inactive member). A member who has a member account established under ORS chapter 238 may withdraw from the pension program under this section only if the member also withdraws that member account in the manner provided by ORS 238.265 (Withdrawal of member account). A member who has an account established under ORS 238.440 (Optional purchase of benefit units by police and firefighters) may withdraw from the pension program under this section only if the member also withdraws the account established under ORS 238.440 (Optional purchase of benefit units by police and firefighters).

(5) For the purposes of this section, the actuarial equivalent of a member’s benefit does not include any value attributable to adjustments to the benefit under ORS 238A.210 (Cost-of-living adjustment). [2003 c.733 §8; 2005 c.152 §2; 2007 c.52 §2]

1 Legislative Counsel Committee, CHAPTER 238A—Oregon Public Service Retirement Plan, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors238A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.