(1) Except as otherwise provided in this section:

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(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 The board shall deny the withdrawal, or shall take all reasonable steps to recover withdrawn amounts, if: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 § 238.500 to 238.585 provide. Before attaining 60 years of age, a judge member who is eligible to withdraw as provided in subsection (1) of this section but who does not withdraw must elect in writing to retire under either ORS § 238.535 (1)(a) or (b). The election is irrevocable after the judge member attains 60 years of age. Any inactive judge member who fails to make the election provided for in this subsection prior to attaining 60 years of age shall be retired under the provisions of ORS § 238.535 (1)(a). The service retirement allowance of an inactive judge member who retires under ORS § 238.535 (1)(a) shall be a reduced service retirement allowance that is the actuarial equivalent of the service retirement allowance provided for in ORS § 238.535 (1)(a). An inactive judge member who elects to retire under ORS § 238.535 (1)(b) must meet all other requirements imposed by ORS § 238.535 for retirement under ORS § 238.535 (1)(b).

(4) If approved by the Chief Justice of the Supreme Court, an inactive judge member who elects to retire under ORS § 238.535 (1)(b) pursuant to the provisions of subsection (3) of this section may commence to serve the pro tem service obligation imposed by ORS § 238.535 before the judge member’s date of retirement. If the Chief Justice determines, at any time after the judge member commences performing the pro tem service obligation, that the judge member has failed to perform the pro tem services in the manner required by ORS § 238.535 (1)(c), and the judge member has not been relieved of the obligation to perform those services in the manner provided by ORS § 238.535 (1)(c), the Chief Justice shall notify the Public Employees Retirement Board. If the judge member has not yet retired, the board shall calculate the service retirement allowance of the noncomplying judge member at the time of retirement in the manner provided by ORS § 238.535 (1)(a). If the judge member has retired, the board shall recalculate the service retirement allowance of the noncomplying judge member in the manner provided by ORS § 238.535 (1)(a), and the noncomplying judge member shall receive only that recalculated amount thereafter. An inactive judge member may be relieved of the pro tem service obligation imposed by ORS § 238.535 (1)(c) in the same manner as provided in ORS § 238.535 for retired judge members.

(5) Withdrawal of the member account balance under this section cancels all membership rights in the system, including the right to claim credit for any employment before withdrawal.

(6) ORS § 238.105 and 238.115 (1) apply to a former judge member who has withdrawn the member account balance under this section. [Formerly 237.223; 1997 c.801 § 20; 1999 c.317 § 6; 2001 c.566 § 1; 2001 c.945 § 60; 2023 c.404 § 1]

[Renumbered 237.370 in 1995]