PERS will review your request and provide one of the following responses (along with other information pertinent to
your request):
- We have enclosed copies of all requested public records for which PERS does not claim an exemption from
disclosure under Oregon Revised Statute 192.355 or Oregon Administrative Rule 459-060-0020.
- PERS does not possess the records you requested.
- PERS is the custodian of some or all of the requested public records. Staff time may be necessary to make these
records available. If you are still interested in obtaining the records, please let us know and we will provide
an estimated cost. PERS must receive payment of the actual costs and fees before we provide the records.
- Statute prohibits PERS from acknowledging whether the requested records exist.
- You have requested PERS member(s) records that are confidential and Oregon law conditionally exempts records
containing personal information from public disclosure.
The following public records are exempt from disclosure under ORS 192.311 to 192.355:
ORS 192.355
(2) Information of a personal nature such as but not limited to that kept in a personal, medical, or similar file, if
the public disclosure thereof would constitute an unreasonable invasion of privacy, unless the public interest by
clear and convincing evidence requires disclosure in the particular instance. The party seeking disclosure shall
have the burden of showing that public disclosure would not constitute an unreasonable invasion of privacy.
(12) Employee and retiree address, telephone number and other nonfinancial membership records and employee financial
records maintained by the Public Employees Retirement System pursuant to ORS chapters 238 and 238A.
OAR 459-060-0020
(1) ORS 192 unconditionally exempts from public disclosure a member’s nonfinancial membership records and an active
or inactive member’s financial record maintained by PERS. PERS shall not release such records to anyone other than
the member, an authorized representative of the member, or the member’s estate except:
(a) Upon the written authorization of the member, or an individual that is legally authorized to act on behalf of
the member or the member’s estate as to PERS matters; or
(b) As otherwise provided in OAR 459-060-0030.
(2) ORS 192.355(12) conditionally exempts from public disclosure a retired member’s financial information maintained
by PERS. PERS shall not release such records to anyone other than the member, an authorized representative of the
member, or the member’s estate unless:
(a) To do so would not constitute an unreasonable invasion of privacy and there is clear and convincing evidence
that disclosure is in the public’s interest;
(b) PERS receives written authorization from the member, or an individual that is legally authorized to act on
behalf of the member or the member’s estate as to PERS matters; or
(c) Release is provided for under OAR 459-060-0030 or as required under the judgments in
PERS v. Oregonian Publishing Company LLC and
PERS v. Multimedia Holdings Corporation, dba Statesman Journal and Statesman Journal Media.