Proposed PERS administrative rules

Proposed administrative rules

Disability - Presumption of Duty

On September 9, 2024, PERS received a petition to being rulemaking from stakeholder, Karl Koenig, President of Oregon State Fire Fighters Council (OSFFC), requesting the agency consider amending OARs 459-015-0010 and 459-076-0005. Specifically, they suggested aligning PERS duty designation for disability claims with those of Worker’s Compensation. The draft rules presented have been amended accordingly and have been reviewed by OSFFC representatives.

PERS relies on medical professional opinions to determine whether a member is disabled and whether the disability is duty-caused. While PERS and Workers Compensation operate under different criteria and systems for decision-making regarding disability claims, it does make sense to use the Workers’ Compensation determination when determining whether or not a condition PERS has already concluded meets the criteria for PERS disability is duty-caused. PERS already uses information from Workers’ Compensation in reviewing a member’s application for disability. Relying on the Workers’ Compensation determination for the same condition would streamline PERS’ disability determination process.

OSFFC’s original request was to always align the PERS duty designation with the Workers’ Compensation determination. However, to avoid a potential conflict between the Workers’ Compensation statute, which contains presumptions of duty-caused designation for certain conditions, and PERS’ statutes that specifically require an examination and opinion by a physician, staff recommends a presumption instead. As outlined in the amended rules, the presumption can be rebutted by clear and convincing evidence that the condition is not duty-caused.

Board Memo

Notice of Rulemaking

OAR 459-015-0005

OAR 459-076-0005

Rulemaking Schedule