Oregon Statutes 238.374 – Applicants statement; resumption of residency
(1) A person applying for payments under this chapter shall give a written statement to the Public Employees Retirement Board that indicates whether the payments will be subject to Oregon personal income tax under ORS § 316.127 (9). If the person fails to provide the statement required by this subsection, or the statement indicates that the payments will not be subject to Oregon personal income tax under ORS § 316.127 (9), the board may not pay the person the increased benefits provided by chapter 796, Oregon Laws 1991, or chapter 569, Oregon Laws 1995.
Terms Used In Oregon Statutes 238.374
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) If a person is receiving payments under this chapter that have not been increased under chapter 796, Oregon Laws 1991, or chapter 569, Oregon Laws 1995, by reason of the provisions of subsection (1) of this section, and thereafter the payments become subject to Oregon personal income tax under ORS § 316.127 (9), the person shall promptly notify the board by written statement that the payments are subject to Oregon personal income tax under ORS § 316.127 (9).
(3) If a person is receiving payments under this chapter that have not been increased under chapter 796, Oregon Laws 1991, or chapter 569, Oregon Laws 1995, by reason of the provisions of subsection (1) of this section, and the board receives notice under subsection (2) of this section that payments to the person under this chapter are subject to Oregon personal income tax under ORS § 316.127 (9), or determines under ORS § 238.378 that payments to the person under this chapter are subject to Oregon personal income tax under ORS § 316.127 (9), the board shall initiate payment of the increased benefits provided by chapter 796, Oregon Laws 1991, or chapter 569, Oregon Laws 1995. The increase in benefits becomes effective:
(a) If the board receives notice under subsection (2) of this section on or after January 1 and on or before April 15 of any calendar year, as soon as administratively feasible by the board, but no later than the first day of the second calendar month following receipt of notice by the board.
(b) If the board receives notice under subsection (2) of this section after April 15 of any calendar year, on the first day of the calendar year following receipt of notice by the board. [2011 c.653 § 3; 2013 c.53 § 12; 2021 c.461 § 3]
[1995 c.569 § 2; 1997 c.175 § 4; 2001 c.945 § 70; renumbered 238.362 in 2011]