The retirement plan may
provide for retirement benefits measured on the basis of services
rendered or to be rendered by an officer or employee, either before or
after the date on which such officer or employee first becomes a member
of the retirement plan. The retirement plan may provide for a minimum of
years of service and a minimum and maximum age of retirement for the
officer or employee. [Formerly 238.530] The city may budget and
provide by ordinance for payment into the fund of the retirement system
an amount sufficient:
(1) To provide, on an actuarial reserve basis, the amortized level
premium cost of the retirement benefits which, under the provision of the
retirement system, are to be provided by the city to its officers or
employees who attain the retirement age or retire in accordance with the
terms of the retirement plan.
(2) To meet the actuarially computed costs of retirement benefits
measured on the basis of services rendered or to be rendered by an
officer or employee before or after the date on which such officer or
employee becomes a member of the retirement plan. [Formerly 238.540] The city may
collect, as a contribution from any officer or employee of any department
or bureau for which a retirement system is established, that percentage
of the salary received by the officer or employee, which is necessary to
fund on an actuarial reserve basis the cost of retirement benefits which
the officer or employee is required to provide pursuant to the provisions
of a retirement plan. [Formerly 238.550] Nothing in ORS
237.350 to 237.380 authorizes the city to budget, provide for payments or
collect contributions to fund retirement benefits for an individual who
is not in the employment of the city at the time of the creation of a
membership status under a retirement plan. [Formerly 238.560] The
payments made by the city under ORS 237.365 may be made out of any
revenues collected by the city under any law of the state or the charter
or ordinances of the city. [Formerly 238.570]COVERAGE OF EMPLOYEES UNDER FEDERAL SOCIAL SECURITY ACT As used in ORS
237.420 to 237.515, unless the context requires otherwise:
(1) “Public agency” or “political subdivision” means the State of
Oregon, any city, county, municipal or public corporation or any
political subdivision of the State of Oregon or any instrumentality
thereof, or any school district, or any agency created by two or more
political subdivisions to provide themselves governmental services, the
employees of which constitute a coverage group. For purposes of ORS
237.420 to 237.515, such agency created by two or more political
subdivisions is a governmental instrumentality and a legal entity with
power to enter into contracts, hold property and sue and be sued.
(2) “Coverage group” has the meaning given that term by the
provisions of section 218 of title 2 of the federal Social Security Act,
and amendments thereto, and applicable federal regulations adopted
pursuant thereto. [Amended by 1953 c.192 §1; 1963 c.608 §15; 1993 c.177
§32; 2001 c.945 §28]The provisions of ORS 237.412 to 237.418 relating
to Old Age and Survivors Insurance coverage are supplemental to ORS
237.420 to 237.515, and shall be so construed. [1953 c.180 §8]In order to
extend to employees of the State of Oregon, all the school districts and
all the political subdivisions of the state participating in the Public
Employees Retirement System immediately prior to March 27, 1953, and to
the dependents and survivors of such employees, the basic protection
accorded to others by the Old Age and Survivors Insurance system embodied
in title 2 for the federal Social Security Act, it hereby is declared to
be the policy of this state, subject to the limitations of ORS 237.412 to
237.418, that such action be taken, and hereby it is expressly
authorized, as to provide such protection to employees of the state and
its political subdivisions on as broad a basis as is permitted under
applicable federal law. [1953 c.180 §1](1) The Public Employees
Retirement Board hereby is authorized and directed to enter into an
agreement or modification of such agreement with the Federal Security
Administrator (United States Secretary of Health and Human Services) on
behalf of the State of Oregon, consistent with the terms and provisions
of ORS 237.412 to 237.418, for the purpose of extending the benefits of
the Federal Old Age and Survivors Insurance system to employees of the
state and the political subdivisions which at the time of repeal of
chapter 401, Oregon Laws 1945, were participating in the Public Employees
Retirement System established by that chapter. The board may authorize
its director, on behalf of and in the name of the board, to sign
modifications of the agreement including within the agreement legally
qualified eligible public agencies.
(2) The agreement shall provide benefits for employees whose
services are covered by the agreement (and their dependents and
survivors) on the same basis as though such services constituted
employment within the meaning of title 2 of the Social Security Act.
(3) The duties and obligations of the state and its political
subdivisions as employers, in relation to such agreement, shall be as
provided by ORS 237.420 to 237.515.
(4) Such agreement or modification thereof shall be effective with
respect to services performed after an effective date specified in such
agreement or modification, but in no case prior to January 1, 1951.
(5) All services which:
(a) Constitute employment within the meaning of title 2 of the
Social Security Act;
(b) Are performed in the employ of the state or a political
subdivision or in the employ of an instrumentality of either the state or
a political subdivision, or both; and
(c) Are covered by a plan which is in conformity with the terms of
the agreement and which has been approved by the board, shall be covered
by the agreement.
(6) The Public Employees Retirement Board hereby is authorized and
directed to include in the agreement for Old Age and Survivors Insurance
coverage to be executed by the board with the Federal Security
Administrator (United States Secretary of Health and Human Services) in
conformance with this section, the elective officers of the political
subdivisions described in subsection (1) of this section, and the
elective officers of the State of Oregon. [1953 c.180 §12; 1953 c.193 §1;
1957 c.261 §1; 1967 c.38 §4; 1973 c.704 §14; 1981 c.683 §1; 1991 c.67 §51
and 1991 c.813 §6; 2001 c.104 §73](1) Any instrumentality jointly
created by this state and any other state or states hereby is authorized,
to the extent that this state may confer authority, upon the granting of
like authority by such other state or states:
(a) To enter into an agreement with the Federal Security
Administrator (United States Secretary of Health and Human Services)
whereby the benefits of the Federal Old Age and Survivors Insurance
system shall be extended to employees of such instrumentality;
(b) To require its employees to pay (and for that purpose to deduct
from their wages) contributions equal to the amounts which they would be
required to pay if they were covered by an agreement made pursuant to ORS
237.414; and
(c) To make payments to the Secretary of the Treasury of the United
States in accordance with such agreement, including payment from its own
funds, and otherwise to comply with such agreement.
(2) Such agreement shall, to the extent practicable, be consistent
with the terms and provisions of ORS 237.412 and 237.414. [1953 c.180
§13; 1991 c.67 §52 and 1991 c.813 §7] The
agreement shall include each coverage group as to which formal request
for inclusion is made by the legislative or governing body of the
employing public agency pursuant to ORS 237.440, prior to the effective
date of the agreement, or any modification thereof. However, the board
shall not be required to include in any agreement or modification any
public agency which is not entitled by law to share in any apportionment
of state revenue or funds and has at any time within the 10 years next
preceding the date of its application been insolvent or failed to pay
when due, the principal or interest of its bonds, warrants or other
obligations. [Amended by 1953 c.192 §3(1)] The
legislative or governing body of every political subdivision may make
formal application to the Public Employees Retirement Board for inclusion
of the eligible employees of such political subdivision in the agreement
or any modification thereof. [Amended by 1953 c.192 §3(2); 1955 c.278 §1] Every public agency
included in the agreement pursuant to ORS 237.430 and 237.440 shall be
liable for the contributions required to be remitted by an employer under
the provisions of sections 3101 and 3111 of the federal Internal Revenue
Code and amendments thereto, except that no contributions required by ORS
237.460 shall be withheld or remitted prior to July 1, 1951, or prior to
the approval of the agreement by the Federal Security Administrator
(United States Secretary of Health and Human Services). [Amended by 1953
c.192 §4; 1991 c.67 §54; 1991 c.813 §9] (1)
Every public agency included in the agreement shall withhold from wages
and salaries paid by it to officers and employees covered by the
agreement, and remit to the retirement board, that portion required to be
withheld from the salaries and wages of employees under the provisions of
section 3101 of the federal Internal Revenue Code of 1954 and amendments
thereto as required by section 218(e) of title 2 of the federal Social
Security Act.
(2) The provisions of subsection (1) of this section requiring
remission to the retirement board of amounts withheld from wages and
salaries apply only to amounts withheld from wages and salaries that were
paid on or before December 31, 1986. Amounts withheld from wages and
salaries that were paid after December 31, 1986, shall be remitted to the
Internal Revenue Service. [Amended by 1981 c.849 §1; 1991 c.813 §10]
All employees of the
state, all employees of the school districts of the state and all
employees of political subdivisions of the state subject to the agreement
for Old Age and Survivors Insurance coverage, other than employees
specifically excluded by that agreement, shall make contributions for
such coverage as required by ORS 237.460. [1955 c.278 §2] The Public
Employees Retirement Board shall promulgate regulations, not inconsistent
with ORS 237.410 to 237.515, necessary to provide proper procedures to
assure conformity with section 218 of title 2 of the federal Social
Security Act and amendments thereto, and federal regulations adopted
pursuant thereto. Such regulations shall include provisions governing
application procedures, requiring an applicant to present proof
satisfactory to the board of its ability to discharge its obligations
under ORS 237.410 to 237.515, determining the extent of coverage within
separate coverage groups, and provisions prescribing the time and manner
of filing reports and making any payment required by ORS 237.410 to
237.515.If an employer fails to report or remit to the retirement
board in the manner and within the time prescribed in the regulations
adopted by the board, the board, without notice, may send an auditor to
the office of the employer to examine its records and to obtain the
necessary reports or remittances, the entire cost of such audit to be
paid by the delinquent employer. (1) All employer
and employee contributions and other moneys received or collected by the
Public Employees Retirement Board under ORS 237.410 to 237.515 shall be
deposited into the State Treasury to the credit of an account, separate
and distinct from the General Fund, to be known as the Social Security
Revolving Account, and the moneys in the account are continuously
appropriated for the purposes of ORS 237.410 to 237.515.
(2) All moneys in the account shall be held in trust and invested
as provided in ORS 293.701 to 293.820. Interest from such investments
shall be used first for paying the administrative expenses described in
ORS 237.500 and not later than the 15th day of February, May, August and
November, after paying the administrative expenses, as determined by the
Public Employees Retirement Board, for the preceding calendar quarter,
the balance of the interest remaining shall be available for general
governmental expenses.
(3) The Oregon Department of Administrative Services may review all
duly approved claims certified by the Public Employees Retirement Board
for the payment of amounts required to be paid to the Secretary of the
Treasury pursuant to agreements entered into under ORS 237.410 to
237.515, and for the payment of necessary refunds and may issue warrants
therefor payable out of the Social Security Revolving Account. [Amended
by 1953 c.192 §5(1); 1967 c.399 §§2, 6; 1975 c.614 §6; 1989 c.966 §11;
2001 c.716 §22] All expenses of the Public
Employees Retirement Board in excess of those paid under ORS 237.490 (2)
incurred in administering the provisions of ORS 237.410 to 237.515,
including such proportion of the salary of the director, counsel,
professional consultants and employees of the retirement board, as the
time required of them for the administration of ORS 237.410 to 237.515
shall bear to the time required for the administration of both ORS
237.410 to 237.515 and the public employees retirement law, shall be paid
in the manner provided by law, out of the Social Security Revolving
Account. For such purpose, the board may make monthly withdrawals from
said account in lump sums. The board may, under such rules as it
promulgates, collect from each public agency its respective pro rata
share of the expenses incurred in administering ORS 237.410 to 237.515.
Each public agency included in the agreement pursuant to ORS 237.430 is
required to pay its pro rata share of the expenses incurred by the board
in administering ORS 237.410 to 237.515. In order to facilitate financing
the administration of the system the board may designate fiscal periods
and may provide that extraordinary expenses incurred during one such
period, such as expenses for equipment, may, for purposes of equitably
distributing part of the burden of the expenses, be apportioned to
subsequent fiscal periods in such manner as to the board seems equitable.
[Amended by 1953 c.192 §5(2); 1967 c.399 §3; 1973 c.704 §15] (1) Upon failure of
any public agency to remit contributions to the retirement board as
provided by ORS 237.460 or pay its pro rata share as provided by ORS
237.500 and determined by the board, the board may recover by action in a
court of competent jurisdiction the amount due and unpaid.
(2) Any public agency delinquent in submitting remittances to the
retirement board as provided in ORS 237.460 shall be charged interest on
the total amount of remittance due from it at the rate of one percent per
month or fraction thereof during which the agency is delinquent. Interest
so paid shall be deposited in the Social Security Revolving Account and
shall be used by the board in paying the expenses of administration and
any penalties which the board may incur.
(3) In order to obtain prompt remittance of contributions and
payment of obligations due under ORS 237.410 to 237.515, the board, in
the event of delinquency of any public agency entitled by law to share in
the apportionment of any state revenues or funds, shall certify the
amount of such delinquency to the Oregon Department of Administrative
Services, which shall pay the claim out of any revenues or funds in the
State Treasury apportioned to the delinquent public agency.
(4) In addition to the remedies otherwise provided under this
section, the board may, by petition in usual form, apply to the circuit
court for the county in which is located the public agency concerned, or
the principal office or place of business of such public agency, for, and
if warranted, to have issued, writs of mandamus to compel such public
agency to supply to the board a true and complete list and employment
records of such agency’s employees and all information concerning such
employees that reasonably may be required and sought by the board in such
petition. Such writs, among other things, shall direct the defendant
therein to make such remittances as may appear, from records and
information concerning such defendant’s employees, to be required by law.
Either or both parties thereby aggrieved may appeal to the Court of
Appeals from, or from any part of, the judgment of the circuit court
given and made in such proceeding, as in ordinary mandamus proceedings.
If the court allows the issuance of a peremptory writ, the court shall
award reasonable attorney fees, costs and disbursements to the board.
[Amended by 1953 c.192 §5(3); 1975 c.614 §7; 1981 c.541 §2; 1991 c.813
§11]
Contributions required by ORS 237.410 to 237.515 to be placed in the
Social Security Revolving Account and thereafter remitted to the
Secretary of the Treasury of the United States shall not be included in
the biennial budget of the Public Employees Retirement Board as income or
expenses of such board. [1953 c.192 §5(4)]PAYMENT OF PUBLIC PENSION TO ALTERNATE PAYEE AFTER MARITAL DISSOLUTION,
ANNULMENT OR SEPARATION(1) Notwithstanding any other
provision of law, payment of any pension, annuity, retirement allowance,
disability benefit, death benefit, refund benefit or other benefit under
any public employer retirement plan other than the Public Employees
Retirement System that would otherwise be made to a person entitled to
benefits under the plan shall be paid, in whole or in part, to an
alternate payee if and to the extent expressly provided for in the terms
of any judgment of annulment or dissolution of marriage or of separation,
or the terms of any court order or court-approved property settlement
agreement incident to any judgment of annulment or dissolution of
marriage or of separation. Notwithstanding any other provisions of this
section, the total value of benefits payable to a member and to an
alternate payee under this section may not be greater than the value of
the benefits the member would otherwise be eligible to receive. Any
payment under this subsection to an alternate payee bars recovery by any
other person.
(2) A judgment, order or settlement providing for payment to an
alternate payee under subsection (1) of this section may also provide:
(a) That payments to the alternate payee may commence, at the
election of the alternate payee, at any time after the earlier of:
(A) The earliest date the member would be eligible to receive
retirement benefits if the member separates from service; or
(B) The date the member actually separates from service due to
death, disability, retirement or termination of employment.
(b) That the alternate payee may elect to receive payment in any
form of pension, annuity, retirement allowance, disability benefit, death
benefit, refund benefit or other benefit, except a benefit in the form of
a joint and survivor annuity, available to the member under the public
employer retirement plan, or that would be available to the member if the
member retired or separated from service at the time of election by the
alternate payee, without regard to the form of benefit elected by the
member.
(c) That the alternate payee’s life is the measuring life for the
purposes of measuring payments to the alternate payee under the form of
benefit selected by the alternate payee.
(3) Subsection (1) of this section applies only to payments made by
the public employer retirement plan after the date of receipt by the
administrators of the plan of written notice of the judgment, order or
agreement and such additional information and documentation as the plan
administrators may prescribe.
(4)(a) A judgment, order or agreement providing for payment to an
alternate payee under subsection (1) of this section may not provide for
payment to an alternate payee of:
(A) Any disability payments provided to a member of a public
employer retirement plan in lieu of workers’ compensation benefits
pursuant to ORS 656.027 (6), to the extent those payments are to be made
before the member attains 55 years of age; or
(B) Any medical or hospital benefits payable to a member as part of
a disability benefit provided to a member of a public employer retirement
plan in lieu of workers’ compensation benefits pursuant to ORS 656.027
(6), regardless of the member’s age.
(b) Paragraph (a) of this subsection does not prevent a court from
considering the disability payments described in that paragraph in making
a division of property pursuant to ORS 107.105 or an award of support.
(5) Any public employer or public employer retirement plan that is
required by the provisions of this section to make a payment to some
person other than a member of the retirement plan offered by the public
employer shall charge and collect out of the benefits payable to the
member and the other person actual and reasonable administrative expenses
and related costs incurred by the public employer or public employer
retirement plan in obtaining data and making calculations that are
necessary by reason of the provisions of this section. A public employer
or public employer retirement plan may not charge more than $300 for
total administrative expenses and related costs incurred in obtaining
data or making calculations that are necessary by reason of the
provisions of this section. A public employer or public employer
retirement plan that charges and collects administrative expenses and
related costs under the provisions of this subsection shall allocate
those expenses between the member of the retirement plan and any other
person receiving a benefit from the plan based on the fraction of the
benefit received by the member or person.
(6) As used in this section:
(a) “Court” means any court of appropriate jurisdiction of this or
any other state or of the District of Columbia.
(b) “Member” means a person entitled to a benefit from a public
employer retirement plan.
(c) “Public employer” means the state, one of its agencies, any
city, county, municipal or public corporation, any political subdivision
of the state or any instrumentality thereof, or an agency created by two
or more such political subdivisions to provide themselves governmental
services.
(d) “Public employer retirement plan” means any system, program,
annuity, contract or other plan established by a public employer for the
purpose of providing a pension, annuity, retirement allowance or
disability benefit to officers or employees of the public employer. [1993
c.715 §2; 2003 c.576 §403]COVERAGE FOR POLICE OFFICERS AND FIREFIGHTERS As used in this
section and ORS 237.620:
(1) “Firefighter” means:
(a) Persons employed by a city, county or district whose duties
involve firefighting, but does not include volunteer firefighters; and
(b) The State Fire Marshal and the chief deputy fire marshal and
deputy state fire marshals appointed under ORS 476.040.
(2)(a) “Police officer” includes:
(A) Police chiefs and police officers of a city who are classified
as police officers by the council or other governing body of the city;
(B) Sheriffs and those deputy sheriffs whose duties, as classified
by the county governing body, are the regular duties of police officers;
(C) County adult parole and probation officers, as defined in ORS
181.610, who are classified by the county governing body for purposes of
this section and ORS 237.620;
(D) Corrections officers as defined in ORS 181.610;
(E) Employees of districts whose duties, as classified by the
governing body of the district, are the regular duties of police
officers; and
(F) Investigators of the Criminal Justice Division of the
Department of Justice.
(b) “Police officer” does not include volunteer or reserve police
officers or persons considered by the respective governing bodies to be
civil deputies or clerical personnel.
(3) “Public employer” means any city, county or district that
employs police officers or firefighters. [1971 c.692 §2; 1973 c.19 §2;
1979 c.656 §6; 1981 c.479 §1; 1989 c.614 §2; 1991 c.67 §55; 2005 c.22
§175] (1) On or
before July 1, 1973, all public employers of police officers and
firefighters who are not participants in the Public Employees Retirement
System shall become participants in the system with respect to the police
officers and firefighters employed by them.
(2) All police officers and firefighters in the employ of the
public employer on the date the public employer becomes a participant in
the system under subsection (1) of this section shall establish
membership under the six-month service requirement of ORS 238.015.
(3) The participation of the public employer in the system under
this section shall apply to services of its employee police officers and
firefighters on and after the effective date of the public employer’s
participation in the system. The public employer also shall provide a
prior service pension for its police officers and firefighters, within
the limitations of ORS 238.225 (2) (1999 Edition), for continuous service
to the public employer for a period not exceeding 20 years before the
effective date of the public employer’s participation in the system.
(4) Notwithstanding subsections (1) and (2) of this section, if a
public employer provides retirement benefits to its police officers and
firefighters that are equal to or better than the benefits that would be
provided to them under the system, as determined at the expense of the
public employer by the Public Employees Retirement Board, the public
employer is not required to participate in the system with respect to its
police officers and firefighters. Once every two years the Public
Employees Retirement Board shall review the benefits provided by a public
employer that provides retirement benefits to its police officers and
firefighters other than through the Public Employees Retirement System to
determine whether the public employer complies with the requirements of
this subsection. [1971 c.692 §3; 1973 c.704 §16; 1975 c.449 §13; 1989
c.888 §2; 1991 c.67 §56; 2001 c.945 §76; 2003 c.625 §33](1) Any public
employer that provides retirement benefits to its police officers and
firefighters other than by participation in the Public Employees
Retirement System pursuant to the provisions of ORS 237.620 (4) shall
provide increases to the police officers and firefighters of the public
employer, both active and retired, that are equal to the increases in
retirement benefits that are provided for in this 1991 Act for active and
retired police officers or firefighters who are members of the Public
Employees Retirement System, or shall provide to those police officers
and firefighters increases in retirement benefits that are the actuarial
equivalent of the increases in retirement benefits that are provided for
in this 1991 Act for police officers or firefighters who are members of
the Public Employees Retirement System. No other retirement benefit or
other benefit provided by those public employers shall be decreased by
the employer by reason of the increases mandated by this section.
(2) The increased benefits provided for in this section apply only
to police officers or firefighters who establish membership before July
14, 1995, in a retirement plan or system offered by a public employer in
lieu of membership in the Public Employees Retirement System pursuant to
the provisions of ORS 237.620 (4). [1991 c.796 §11; 1995 c.569 §12]Note: Pursuant to 173.160, Legislative Counsel has not substituted
specific ORS references for the words “this 1991 Act” in section 11,
chapter 796, Oregon Laws 1991, compiled as 237.635. The sections for
which substitution otherwise would be made may be determined by referring
to the 1991 Comparative Section Table located in Volume 20 of ORS.Any public
employer that provides retirement benefits to its police officers and
firefighters other than by participation in the Public Employees
Retirement System pursuant to the provisions of ORS 237.620 (4) shall
provide increases to the police officers and firefighters of the public
employer, both active and retired, that are equal to the increases in
retirement benefits that are provided for in chapter 569, Oregon Laws
1995, for active and retired police officers or firefighters who are
members of the Public Employees Retirement System, or the public employer
shall provide to those police officers and firefighters increases in
retirement benefits that are the actuarial equivalent of the increases in
retirement benefits that are provided for in chapter 569, Oregon Laws
1995, for police officers or firefighters who are members of the Public
Employees Retirement System. Increases provided under this section shall
be reduced by the amount of any benefit increase provided by ORS 237.635
in the same manner that increases in retirement benefits that are
provided for in chapter 569, Oregon Laws 1995, for active and retired
police officers or firefighters who are members of the Public Employees
Retirement System are reduced to reflect amounts paid to those members
under the provisions of chapter 796, Oregon Laws 1991. No other
retirement benefit or other benefit provided by those public employers
shall be decreased by the employer by reason of the increases mandated by
this section. [1995 c.569 §11]Note: Legislative Counsel has substituted “chapter 569, Oregon Laws
1995,” for the words “this Act” in section 11, chapter 569, Oregon Laws
1995, compiled as 237.637. Specific ORS references have not been
substituted pursuant to 173.160. These sections may be determined by
referring to the 1995 Comparative Section Table located in Volume 20 of
ORS.LEGISLATOR RETIREMENT PLANS (1) A person appointed or elected
as a member of the Legislative Assembly must elect within 30 days after
taking office if the person will:
(a) Become a member of the Oregon Public Service Retirement Plan
established under ORS chapter 238A;
(b) Become a legislator member of the state deferred compensation
plan under ORS 237.655; or
(c) Decline to become a member of the Oregon Public Service
Retirement Plan, or to become a legislator member of the state deferred
compensation plan, for service as a member of the Legislative Assembly.
(2) Written notice of a person’s election under this section must
be given to the Public Employees Retirement Board. If the board does not
receive written notice within 30 days after the person takes office, the
person shall be conclusively deemed to have elected to become a
legislator member of the state deferred compensation plan under ORS
237.655.
(3) Any member of the Legislative Assembly who elects to become a
member of the Oregon Public Service Retirement Plan may request that the
Public Employees Retirement Board roll over the amount in the regular
account maintained for the member under ORS 238.250 into the individual
account maintained for the member under the individual account program.
(4) An election under this section does not affect the ability of a
person appointed or elected as a member of the Legislative Assembly to
participate in the state deferred compensation plan in the manner
provided by ORS 243.401 to 243.507. [2003 c.733 §46a]Note: 237.650 to 237.660 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 237 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.Note: Section 46b, chapter 733, Oregon Laws 2003, provides:
Sec. 46b. Application; temporary provision for current members of
Legislative Assembly. (1) Except as provided in subsection (2) of this
section, section 46a of this 2003 Act [237.650] applies to all members of
the Legislative Assembly who take office on or after the effective date
of this 2003 Act [August 29, 2003].
(2) In addition to the options provided by section 46a of this 2003
Act, any person who is a member of the Legislative Assembly on the
effective date of this 2003 Act and who is a member of the Public
Employees Retirement System on the effective date of this 2003 Act may
elect to remain a member of the system under ORS chapter 238 for so long
as the member remains in continuous service as a member of the
Legislative Assembly. An election under this subsection must be made in
the manner provided by section 46a (2) of this 2003 Act.
(3) A member of the Legislative Assembly remains in continuous
service as a member of the Legislative Assembly for the purposes of
subsection (2) of this section for so long as the member continues in
office without a break in service as described in sections 2 [238A.025]
and 2a of this 2003 Act. [2003 c.733 §46b] (1)
If a person appointed or elected as a member of the Legislative Assembly
elects under ORS 237.650 to participate in the state deferred
compensation plan as a legislator member, the Legislative Assembly shall
make employer contributions to the plan in an amount that is equal to six
percent of the member’s salary. A legislator member may make
contributions to the plan in any amount that does not exceed the maximum
allowed by federal law governing the plan’s tax qualification.
(2) Any member of the Legislative Assembly who elects to become a
legislator member of the state deferred compensation plan may request
that the Public Employees Retirement Board roll over the amount in the
regular account maintained for the member under ORS 238.250 into the
state deferred compensation plan.
(3) Except for the contributions required by subsection (1) of this
section, the Legislative Assembly may not “pick-up,” assume or pay any
contributions on behalf of a legislator member of the state deferred
compensation plan. [2003 c.733 §46c]Note: See first note under 237.650.(1) A person who is serving with a participating
public employer, who will receive benefits under ORS chapter 238 by
reason of that service, who is elected or appointed to the Legislative
Assembly, and who does not leave employment with the participating public
employer by reason of that election or appointment, must elect one of the
options provided by ORS 237.650 for the purposes of service by the person
during sessions of the Legislative Assembly. A person described in this
subsection shall receive benefits under ORS chapter 238 for all hours of
service that are not performed during a session of the Legislative
Assembly.
(2) A person who is serving with a participating public employer,
who is a member of the pension program or the individual account program,
and who is elected or appointed to the Legislative Assembly may not make
an election under ORS 237.650 and shall continue membership in the
pension program or individual account program for the purposes of all
service by the person as a member of the Legislative Assembly. [2003
c.733 §46d]Note: See first note under 237.650.LIQUIDATION OF PRE-1953 RETIREMENT SYSTEM The
Public Employees Retirement System of the State of Oregon, established by
chapter 401, Oregon Laws 1945, as amended, hereby is abolished, subject
to the provisions of ORS 237.950 to 237.980. [1953 c.180 §2] (1) There hereby
is established and created the Public Employees Retirement Board, which
shall administer the provisions of ORS 237.414 and 237.950 to 237.980,
shall have powers and duties herein provided, and shall be comprised of
five persons appointed by the Governor. The term of each appointee shall
be four years.
(2) The board shall have the powers and privileges of a
corporation, including the right to sue and be sued in its own name.
(3) Members of the board shall be citizens of the United States and
residents of the State of Oregon for at least two years immediately
preceding their appointment to the board. Two members shall not be
employed by a public employer during their respective terms of office on
the board or have been so employed during the two years immediately
preceding appointment to the board. The other three members of the board
shall be employees of public employers under Social Security coverage and
so employed throughout the respective terms of their appointment. Any
vacancy on the board shall be filled by appointment for the unexpired
term of the member replaced.
(4) The successor of a board member in either group shall have the
qualifications herein prescribed for such group.
(5) The board shall, at its first meeting of each fiscal year,
designate one of its members to serve as chairperson of the board for the
ensuing year and until a successor is designated and takes that office.
The board shall hold meetings as frequently as may be necessary for the
performance of its duties.
(6) Within the limitations of ORS 237.414 and 237.950 to 237.980,
the board shall have the power to establish and enforce rules and
regulations for transacting its business and administering ORS 237.414
and 237.950 to 237.980.
(7) Members of the board shall serve without compensation but shall
be reimbursed for their necessary expenses incurred in the performance of
their duties as such members. [1953 c.180 §9; 1953 c.521 §3; 1991 c.67
§57] The board shall employ a director whose
duties shall be as hereinafter provided. All ministerial duties required
in the administration of ORS 237.414 and 237.950 to 237.980 shall be
performed by the director and by employees under the direction of the
director. The director shall hold the position during the pleasure of the
board and shall furnish such bond as required by the board. The board
shall also designate an employee to perform duties in the absence of the
director. [1953 c.180 §10; 1973 c.704 §18]
(1) All assets of the previously existing Public Employees Retirement
System, as of March 27, 1953, including moneys and securities, accounts
receivable, office equipment and all personal property of any
description, hereby are transferred to the Public Employees Retirement
Board created and established by ORS 237.952, which board shall have
control thereof for the purpose of liquidating the obligations of the
Public Employees Retirement System and otherwise applying such assets as
herein directed.
(2) During the period of liquidation the board may invest and
reinvest moneys, purchase, sell and exchange securities as in its
judgment to the best interest of beneficiaries.
(3) The board shall succeed to all the duties and prerogatives of
the Public Employees Retirement Board created by chapter 401, Oregon Laws
1945, as amended, in relation to the Public Employees Retirement Fund.
Said fund shall be and remain a trust fund for the purpose of liquidating
the obligations of the abolished retirement system, and the Public
Employees Retirement Board created by ORS 237.952 hereby is declared to
be the trustee of said fund.
(4) From the current service account of the State of Oregon in the
Public Employees Retirement Fund there shall be transferred to the Social
Security Revolving Account an amount of $60,000 which shall be recovered
from the participating employers in the manner prescribed by ORS 237.520
(2003 Edition), and upon recovery shall be repaid to the Public Employees
Retirement Board. [1953 c.180 §3; 2005 c.755 §60] In order to liquidate
accrued liabilities with respect to prior service credit and delinquent
contributions, each public employer which at any time prior to March 27,
1953, has participated in the Public Employees Retirement System shall
continue to remit payments to the Public Employees Retirement Board at
the rate and in the time and manner prescribed by chapter 401, Oregon
Laws 1945, as amended. The board shall have a right of action against any
such public employer for the enforcement of the provisions of this
section. [1953 c.180 §5] The
board shall pay all retirement benefits to which members of the Public
Employees Retirement System who retired prior to March 27, 1953, may be
entitled under the provisions of chapter 401, Oregon Laws 1945, as
amended, and shall give full recognition to all rights to which such
members are entitled under said law. The board also shall determine and
pay in accordance with the provisions of that law retirement benefits to
which members of the Public Employees Retirement System are entitled by
the provisions of said law. [1953 c.180 §4]Notwithstanding any other provision of chapter 180, Oregon Laws
1953, chapter 401, Oregon Laws 1945, as amended, shall remain in full
force and effect with respect to any employee of a public employer which
heretofore withdrew from the Public Employees Retirement System pursuant
to subsection (5) of section 8 of said law, as amended by section 1,
chapter 322, Oregon Laws 1951, who did not sign the petition for such
withdrawal. Such employee shall be and remain a member of the Public
Employees Retirement System with full rights and benefits thereunder as
if chapter 180, Oregon Laws 1953, had not been passed; and until the
entire obligation of the public employer with respect to all such
employees, as provided in chapter 401, Oregon Laws 1945, as amended,
shall have been paid in full, such public employer shall continue to
deduct from payrolls and transmit the contributions thereby required and
make the matching contributions thereby required to the Public Employees
Retirement Board created by ORS 237.952 and such public employer shall
remain liable to such Public Employees Retirement Board for all
contributions required by such law together with interest thereon at the
legal rate from the date of any delinquency. [1953 c.180 §11]
(1) From contributions of each employee and the matching contributions of
the employer, respectively, due and paid to the Public Employees
Retirement Fund for services performed after January 1, 1951, there shall
be deducted as much thereof as necessary to constitute an amount equal to
the total sum of the tax which would have been imposed upon the employee
and the employer, respectively, by sections 1400 and 1410 of the Internal
Revenue Code, if the services of the employee subsequent to January 1,
1951, had constituted employment as defined by section 1426 of such Code;
provided, however, that no such deductions shall be made from the
contributions of the employees referred to in ORS 237.972 or from the
matching contributions of their employers, heretofore or hereafter paid
into the Public Employees Retirement Fund. A sum equal to the total of
the amounts deducted as provided in the preceding sentence hereby is
transferred from the Public Employees Retirement Fund to the Social
Security Revolving Account in the General Fund created by ORS 237.490,
and shall be expended by the Public Employees Retirement Board in payment
of the contributions required to secure coverage under the system of Old
Age and Survivors Insurance established by title 2 of the Social Security
Act, effective from January 1, 1951, for all employees with respect to
whom such deductions were made.
(2) Each member of the Public Employees Retirement System shall
have the right to a refund of all contributions heretofore paid by the
member into the fund after deducting therefrom the amount herein
specified for Social Security coverage, providing that within 60 days
after March 27, 1953, the member signs and files a written request
therefor with the Public Employees Retirement Board, in which event such
contribution shall be paid to the member by the Public Employees
Retirement Board as soon thereafter as practicable and in no case later
than October 1, 1953. The refund of all contributions paid by the member,
as by this section authorized, in the case of each applicant who receives
such refund shall extinguish all the rights of membership in the Public
Employees Retirement System established by chapter 401, Oregon Laws 1945,
including the right to claim credit for any time whatever spent in public
employment prior to the receipt of such refund. Unless an employee shall
have filed such request for refund within said 60 days the balance of
contributions of the employee remaining after such deduction, together
with an equal amount contributed by the employer, and the contributions
of the employers based on the prior service credit of the employee, shall
be used to purchase retirement benefits for such employee in accordance
with ORS chapter 238. If, pending such disposition of employees’
contributions, any employee should die, the accumulated contributions of
the employee shall be paid as the employee shall have directed in
writing. In the absence of such written direction, the accumulated
contributions shall be paid in accordance with the provisions of chapter
401, Oregon Laws 1945, as amended.
(3) There shall be no refund made to any participating employer
until such time as all liabilities against such employer have been fully
liquidated and discharged. [1953 c.180 §6; 1953 c.521 §1]During the entire period of liquidation
of the Public Employees Retirement System, the right of a person to a
pension, annuity or a retirement allowance, to the return of
contributions upon separation from service with a public employer, the
refund of contributions authorized by ORS 237.976, the payment of
annuity, or retirement allowance itself, any optional benefit or death
benefit, or any right accrued or accruing to any person under the
or ORS 237.412 to 237.418 or 237.950 to 237.980, shall
be exempt from all state, county and municipal taxes, and shall not be
subject to execution, garnishment, attachment or any other process or to
the operation of any bankruptcy or insolvency law, and shall not be
assignable. [1953 c.180 §7; 1953 c.521 §2]
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