Hamlin v. PERB

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Administrative Law
  • Date Filed: 09-23-2015
  • Case #: A155277
  • Judge(s)/Court Below: Lagesen, J. for the Court; Duncan, P.J.; & Flynn, J.
  • Full Text Opinion

Under ORS 238.465, Public Employee Retirement System participants can have their retirement accounts divided after a judgment to an estate.

Wife was a PERS participant. When husband and wife divorced, there was an order to split the PERS account. The necessary paperwork was not filed until after the death of the ex-husband, and his estate filed for benefits. Public Employee Retirement Board (PERB) divided the account paying half to the estate. The Court held that PERB had the authority to divide the account and even after the death of the ex-husband regardless of whether the dissolution judgment stated payment was to be made to the estate in the event the ex-husband died. Affirmed.

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