Oregon Revised Statutes Chapter 238 § 238.545 — Withdrawal of member account; retirement allowance of inactive judge member

Withdrawal of member account; retirement allowance of inactive judge member. (1) Except as otherwise provided in this section: (a) A judge member who has five or more years of service as a judge may withdraw from the Public Employees Retirement Fund the amount credited to the member account of the judge member if: (A) The judge member is separated from all service with participating public employers; (B) The judge member is separated from all service 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 Public Employees Retirement System and the Public Employees Retirement Fund as a qualified governmental retirement plan and trust; (C) The judge member has not attained 60 years of age; and (D) The separation from service is not by reason of death or disability. (b) A judge member who has fewer than five years of service as a judge may withdraw from the Public Employees Retirement Fund the amount credited to the member account of the judge member if: (A) The judge member is separated from all service with participating public employers; (B) The judge member is separated from all service 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 Public Employees Retirement System and the Public Employees Retirement Fund as a qualified governmental retirement plan and trust; and (C) The separation from service is not by reason of death or disability. (2) If a judge member wishes to withdraw the member account balance under this section, the judge member must transmit to the Public Employees Retirement Board a withdrawal request. The board shall deny the withdrawal, or shall take all reasonable steps to recover withdrawn amounts, if: (a) The board determines that the separation is not a bona fide separation; or (b) The judge member fails to remain absent from the service of all employers described in subsection (1) of this section for at least one calendar month following the month in which the judge member separates from service. (3) If a judge member who is eligible to withdraw as provided in subsection (1) of this section does not elect to withdraw, the member account of the judge member shall remain to the credit of the judge member, and the judge member is entitled to such death benefits and disability retirement allowance as ORS