ORS 243.507
Payment of deferred compensation to alternate payee under judgment or order

  • procedure
  • compliance with state and federal requirements
  • administrative expenses
  • limitations
  • rules

(1)

Notwithstanding any other provision of law, deferred compensation under a deferred compensation plan that would otherwise be paid by a public employer to an eligible employee shall be paid, in whole or in part, to an alternate payee if and to the extent expressly provided for in the terms of any judgment of annulment or dissolution of marriage or of separation, or the terms of any court order or court-approved property settlement agreement incident to any judgment of annulment or dissolution of marriage or of separation. Any payment under this subsection to an alternate payee bars recovery by any other person.

(2)

A judgment, order or agreement providing for payment to an alternate payee under subsection (1) of this section may also provide:

(a)

That payments to the alternate payee may commence earlier than the date the employee would be eligible to receive payments under the provisions of the deferred compensation plan.

(b)

That the alternate payee may elect to receive payment in any manner available to the employee under the deferred compensation plan, without regard to the form of payment elected by the employee.

(c)

That the alternate payee’s life is the measuring life for the purposes of measuring payments to the alternate payee under the form of payment selected by the alternate payee.

(d)

That all or a portion of the deferred compensation account of the eligible employee be segregated in an account in the name of and for the benefit of the alternate payee, and that the alternate payee have the same rights and privileges as an eligible employee only concerning the investment or deposit of funds under the deferred compensation plan.

(3)

Subsection (1) of this section applies only to payments of deferred compensation made after the date of receipt by the administrator of the deferred compensation plan of written notice of the judgment, order or agreement and such additional information and documentation as the plan administrator may prescribe.

(4)

Intentionally left blank —Ed.

(a)

Payment of all or any part of deferred compensation to an alternate payee who is a child or dependent of the employee shall be reported for state and federal income tax purposes as payment to the eligible employee. Any amount required to be withheld for state or federal income tax purposes shall be withheld from the payment to the alternate payee.

(b)

Payment of all or any part of deferred compensation to an alternate payee who is the spouse or former spouse of the employee shall be reported for state and federal income tax purposes as payment to the alternate payee. Any amount required to be withheld for state or federal income tax purposes shall be withheld from the payment to the alternate payee.

(5)

If an eligible employee transfers from a deferred compensation plan of a public employer to a deferred compensation plan established by another public employer, the new employer is not required to accept as part of the transfer any portion of the eligible employee’s account with the former employer that is subject to judgment, order or agreement requiring payment of that portion of the eligible employee’s account to an alternate payee.

(6)

If an eligible employee transfers from a deferred compensation plan of a public employer to a deferred compensation plan established by another public employer, the employee’s previous employer shall not transfer to the plan established by the new employer any portion of the eligible employee’s account that is subject to a judgment, order or agreement requiring payment of that portion of the eligible employee’s account to an alternate payee.

(7)

The Public Employees Retirement Board, or the plan administrator for any local government deferred compensation plan, may adopt rules, policies or other regulations for the purpose of maintaining compliance of a deferred compensation plan with section 457 of the Internal Revenue Code or any other provision of federal law that affects the tax qualification of a deferred compensation plan. Rules, policies or other regulations adopted under this subsection may vary from the express language of this section if the rules, policies or other regulations are required for the purpose of maintaining compliance of a deferred compensation plan with section 457 of the Internal Revenue Code or any other provision of federal law that affects the tax qualification of a deferred compensation plan.

(8)

Any public employer or deferred compensation plan that is required by the provisions of this section to make a payment to an alternate payee shall charge and collect out of the deferred compensation payable to the eligible employee and the alternate payee actual and reasonable administrative expenses and related costs incurred by the public employer or deferred compensation plan in obtaining data and making calculations that are necessary by reason of the provisions of this section. A public employer or deferred compensation plan may not charge more than $300 for total administrative expenses and related costs incurred in obtaining data or making calculations that are necessary by reason of the provisions of this section. A public employer or deferred compensation plan that charges and collects administrative expenses and related costs under the provisions of this subsection shall allocate those expenses and costs between the eligible employee and the alternate payee based on the fraction of the benefit received by the member or alternate payee.

(9)

As used in this section:

(a)

“Alternate payee” means a spouse, former spouse, child or other dependent of a member.

(b)

“Court” means any court of appropriate jurisdiction of this or any other state or of the District of Columbia.

(c)

“Eligible employee” means a state plan participant or local plan participant.

(d)

“Public employer” means the state or a local government that establishes a deferred compensation plan. [1993 c.715 §5; 1997 c.179 §32; 2003 c.576 §406; 2007 c.54 §1]

Source: Section 243.507 — Payment of deferred compensation to alternate payee under judgment or order; procedure; compliance with state and federal requirements; administrative expenses; limitations; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html.

243.005
Definitions for ORS 243.005 to 243.045
243.015
Life insurance for police and firefighters
243.025
Issuance of $10,000 life insurance certificate
243.035
Premiums and administrative costs to be budgeted and paid by public employers
243.045
Police and firefighters considered common group for certain purposes
243.055
Exemption from requirements of ORS 243.005 to 243.045 for certain public employers
243.057
Role of executive director
243.061
Public Employees’ Benefit Board
243.066
Officers
243.105
Definitions for ORS 243.105 to 243.285
243.107
Employees of public universities eligible to participate in benefit plan
243.125
Powers and duties of board
243.129
Participation in benefit plan by local government
243.135
Health benefit plans for eligible employees
243.140
Health benefit and dental plans for persons operating foster homes
243.142
Application for federal waiver
243.144
Health benefit plan coverage requirements
243.145
Board authority with respect to health benefit plans
243.156
Coverage of adult disabled children
243.160
Eligibility of retired officer or employee to participate in dental benefit plan
243.163
Eligibility of former member of Legislative Assembly to participate in group benefit plan
243.165
Public Employees’ Benefit Account
243.167
Public Employees’ Revolving Fund
243.170
Contributions for job-share employees limited
243.185
Transfer of moneys from General Fund for payment of costs of health benefit plans
243.200
Participation of self-pay groups in benefit plans
243.205
Reports
243.215
Certain eligible employees permitted to receive employer contributions for health benefit plans of their choice
243.221
Options that may be offered under flexible benefit plan
243.223
Rules for flexible benefit plans
243.252
Payment of cost for employees or retirees
243.256
Reimbursement methodology for payment to hospitals
243.275
Additional benefit plans authorized
243.285
Salary deductions
243.291
Plan eligibility
243.296
Requirements when board offers long term care insurance plan
243.302
Grouping retired and nonretired employees for health insurance coverage
243.303
Local government authority to make health care insurance coverage available to retired officers and employees, spouses and children
243.305
Policy of affirmative action and fair and equal employment opportunities and advancement
243.315
Director of Affirmative Action
243.317
Definitions for ORS 243.317 to 243.323
243.319
Written policy regarding workplace harassment
243.321
Written policies and procedures regarding investigation of report of workplace harassment
243.323
Prohibition against entering into agreement with employee that prevents employee from discussing workplace harassment
243.325
“Public employee” defined
243.330
Leaves of absence for athletic competition
243.335
Reimbursement to public employer
243.401
Definitions for ORS 243.401 to 243.507
243.411
Deferred Compensation Fund
243.416
State Treasurer as fund custodian
243.421
Investment program for fund
243.426
Accounts
243.428
Forfeited payments
243.435
Plan contents
243.440
Salary reduction for deferred compensation plan
243.445
Employee choice of plans
243.450
Disclosure statement
243.460
Effect of deferred compensation on current taxable income and on retirement programs
243.462
Option to defer compensation on after-tax basis
243.465
Rollover distribution of deferred amounts to beneficiary
243.470
Administration of deferred compensation program
243.472
Costs of plan administration assessed against participants
243.474
Investment of local government plan assets through investment program
243.476
Compliance with federal requirements
243.478
Plan administration agreements
243.482
Immunity of governmental agencies from liability for plan administration or investment of funds
243.505
Deferred Compensation Advisory Committee
243.507
Payment of deferred compensation to alternate payee under judgment or order
243.550
Dependent care assistance plan
243.555
Definitions for ORS 243.555 to 243.575
243.560
Rulemaking
243.565
Administration of plan
243.570
Compensation reduction agreement
243.575
Computation of retirement and pension benefits
243.585
Accounting system allowances for dedication of salary
243.650
Definitions for ORS 243.650 to 243.809
243.656
Policy statement
243.662
Rights of public employees to join labor organizations
243.666
Certified or recognized labor organization as exclusive employee group representative
243.668
Legislative findings
243.670
Prohibition of actions by public employer to assist, promote or deter union organizing
243.672
Unfair labor practices
243.676
Processing of unfair labor practice complaints
243.682
Representation questions
243.684
Requirements for petition for representation
243.686
Representation elections
243.692
Limitation on successive representation elections
243.696
Bargaining representatives for executive department state agencies, judicial department and legislative department
243.698
Expedited bargaining process
243.702
Renegotiation of invalid provisions in agreements
243.706
Agreement may provide for grievance and other disputes to be resolved by binding arbitration or other resolution process
243.712
Mediation upon failure to agree after 150-day period
243.716
Use of volunteers not contracting out for services
243.722
Fact-finding procedure
243.726
Public employee strikes
243.732
Refusal to cross picket line as prohibited strike
243.736
Strikes by deputy district attorneys, assistant attorneys general and certain emergency and public safety personnel
243.738
Strikes by employees of mass transit districts, transportation districts and municipal bus systems
243.742
Binding arbitration when strike prohibited
243.746
Selection of arbitrator
243.752
Arbitration decision final
243.756
Employment conditions during arbitration
243.762
Alternative arbitration procedure under collective bargaining agreement
243.766
Board duties in administration of collective bargaining laws
243.772
Effect of collective bargaining laws on local charters and ordinances
243.778
Student representation when bargaining unit includes public university faculty
243.782
Representation by counsel authorized
243.796
Definitions for ORS 243.796 to 243.806
243.798
Reasonable time granted to designated representatives to engage in certain activities during work hours
243.802
Written agreements regarding grant of period of release time for public employees to serve as designated representatives
243.804
Reasonable access to employees within bargaining unit
243.806
Agreement authorizing public employer to make deductions from salary or wages of public employee
243.808
Arbitration concerning alleged misconduct by law enforcement officer
243.809
Determinations regarding alleged misconduct of law enforcement officer in accordance with uniform standards
243.812
Commission on Statewide Law Enforcement Standards of Conduct and Discipline
243.815
Optional retirement plan for certain academic and administrative public university employees
243.820
Agreement for payment of annuity premium or investment in stock of regulated investment company
243.830
Effect of agreement on retirement contributions and benefits
243.850
Qualified football coaches plan
243.860
Definitions for ORS 243.860 to 243.886
243.862
Oregon Educators Benefit Board
243.864
Duties
243.866
Benefit plans
243.867
Participation in benefit plan by local government
243.868
Benefit plans for other than health and dental benefits
243.869
Coverage of adult disabled children
243.870
Long term care benefit plans
243.872
Requirements when board offers long term care benefit plan
243.874
Flexible benefit plans
243.876
Payroll deductions
243.877
Health benefit plan coverage requirements
243.878
Board authority with respect to health benefit plans
243.879
Reimbursement methodology for payment to hospitals
243.880
Oregon Educators Benefit Account
243.882
Monthly participation assessment
243.884
Oregon Educators Revolving Fund
243.886
Limitations on district participation in benefit plans
243.910
Definitions for ORS 243.910 to 243.945
243.920
Assisting employees to obtain supplemental benefits
243.930
Board contributions
243.935
Employer assumption of full amount of employee contributions
243.940
Employee election
243.945
Employees not eligible for assistance
243.950
Public Safety Memorial Fund
243.952
Public Safety Memorial Fund Board
243.954
Definitions for ORS 243.954 to 243.974
243.956
Eligibility for benefits from fund
243.958
Initial application for benefits
243.959
Supplemental application for benefits
243.960
Application information public record
243.962
Determination of award amount
243.964
Order
243.966
Reconsideration
243.968
Payment of awards
243.969
Payment of lump sum benefits
243.970
Authority of board
243.972
Gifts
243.974
Designation of beneficiary form
Green check means up to date. Up to date