The salaries of the Governor, Secretary of State, State
Treasurer, Attorney General, judges of the Supreme and circuit courts,
district attorneys, and all other state officers, and all persons
employed by the state whose salary or compensation is payable by law out
of the State Treasury, shall be paid monthly or on a biweekly basis.
[Amended by 1969 c.378 §1; 1989 c.894 §1] As used in ORS
292.014 to 292.036:
(1) “Authorized employee deductions” includes all authorized
deductions made from the salary and wages of an officer or employee of a
state agency.
(2) “Salaries and wages” means payments to officers and employees
of a state agency for services rendered other than on a fee basis. [1955
c.495 §1; 1961 c.108 §9] The salaries and wages of
the officers and employees of any state agency whose salaries and wages
are payable out of the State Treasury shall be paid through the medium of
payrolls as provided in ORS 292.014 to 292.036. [1955 c.495 §2; 1969
c.378 §2] The chief administrative officer of
any state agency electing to use the procedure provided by ORS 292.014 to
292.036 shall designate the Oregon Department of Administrative Services
as an agent to act for the chief administrative officer under ORS 292.014
to 292.036. The designation shall be in writing signed by the chief
administrative officer of the state agency and filed with the department.
The designation shall remain in effect until the chief administrative
officer of the state agency revokes it by written notice to the
department. [1955 c.495 §3] (1) The chief administrative
officer of the state agency using the procedure provided in ORS 292.014
to 292.036 shall cause to be prepared payrolls in the form prescribed by
the Oregon Department of Administrative Services.
(2) The payroll shall be certified as correct by the chief
administrative officer of the state agency or by the officer designated
pursuant to ORS 293.330 to approve disbursements for the state agency.
(3) The payroll in a form acceptable to the department shall be
transmitted to the department. [1955 c.495 §4; 1967 c.454 §80; 1969 c.378
§3; 1979 c.468 §32](1) The Oregon Department of Administrative Services shall, as it
determines and may at any time redetermine, either draw a warrant for or
transfer the aggregate amount allowed of a payroll transmitted under ORS
292.022 plus additional amounts specified in subsection (2) of this
section. The aggregate amounts allowed shall be deposited with the State
Treasurer, to be held in a special account to be designated as the Joint
Payroll Account.
(2) In addition to the aggregate amount allowed of a payroll in
subsection (1) of this section, the department may assess a fee equal to
the State Treasury short term investment pool interest rate against any
portion of any payroll reimbursement the source of funds of which is
other than from a General Fund appropriation, and which is transmitted to
the department 45 or more days after the issue date of the payroll. All
moneys received by the department under the provisions of this subsection
shall be deposited in the State Treasury to the credit of the General
Fund. [1955 c.495 §5; 1961 c.108 §10; 1967 c.454 §81; 1969 c.378 §4; 1991
c.611 §1] (1) After preparation of the
payroll, the aggregate amount as prescribed by ORS 292.024 shall be
deposited in the Joint Payroll Account. The Oregon Department of
Administrative Services may issue checks in the proper amount even though
reimbursement funds payable to the Joint Payroll Account are not
available on the date of issuance. The checks shall be drawn on the State
Treasurer and be payable from the Joint Payroll Account. The checks shall
be issued to:
(a) The officers and employees of the state agency who are entitled
to receive payments under the payroll as allowed by the department.
(b) The persons, public or private, including persons responsible
for holding or investing an officer or employee’s individual retirement
account, section 408, Internal Revenue Code of 1954, in effect on January
1, 1987, entitled to receive the authorized employee deductions under the
payroll as allowed by the department.
(c) Banks, savings and loan associations or credit unions,
including persons responsible for holding or investing an officer or
employee’s individual retirement account entitled to receive direct
deposit of payroll checks as preauthorized by employee.
(2) Checks issued under subsection (1)(b) or (c) of this section
may be for the aggregate amount due under the payroll to the person,
public or private, entitled to receive the money or the department may
utilize an automatic or electronic transfer of funds system authorized by
the State Treasurer’s office in lieu of issuing checks. The department
may, where monthly payments are not required, issue checks less
frequently than monthly to the persons, public or private, entitled to
receive payments under subsection (1)(b) of this section. [1955 c.495 §6;
1967 c.454 §82; 1969 c.378 §5; 1979 c.718 §1; 1981 c.567 §1; 1985 c.355
§1] Checks issued under
ORS 292.026, after having been paid, shall be filed with the chief
administrative officer of the state agency. Unpresented checks shall be
treated as are unpresented checks under ORS 293.450 to 293.460. [1955
c.495 §8] (1) As
used in this section:
(a) “Regular salary advance” means any portion of the accrued
salary or wages payable to an officer or employee who has filed a written
request for the approval of such advance with the administrative head of
the state agency by which the employee is employed.
(b) “State agency” means a state agency using the procedure
provided in ORS 292.010 to 292.036.
(c) “Terminal salary or wages” means the salary or wages payable to
an officer or employee who is terminating the office or employment with
the state and includes cash payments made in lieu of accrued vacation
time.
(2) Where a state agency does not have an alternative procedure for
advances of regular salary or wages or terminal salary or wages, the
Oregon Department of Administrative Services may make advances of regular
salary or wages or terminal salary or wages to an officer or employee of
a state agency by check drawn on the Joint Payroll Account. The
provisions of ORS 292.032 apply to such checks. The department shall
require the officer or employee to whom the advance is made to execute an
assignment of regular salary or wages or terminal salary or wages in the
amount of the advancement. The assignment shall be made to the
department. The assignment shall have priority over any other claims
against the regular salary or wages or terminal salary or wages owed to
the officer or employee by the state. The department shall withhold the
amount specified in the assignment from the next salaries or wages or the
terminal salary or wages payable to such officer or employee, and the
amount so withheld shall be credited to the Joint Payroll Account in
payment of the advance made under this section. [1957 c.93 §2; 1961 c.108
§11; 1969 c.378 §6; 1981 c.567 §2] (1) A
state agency using the procedure provided by ORS 292.014 to 292.036 shall
pay for the expense of the services (including labor), facilities and
materials furnished by the Oregon Department of Administrative Services
under ORS 292.014 to 292.036.
(2) All moneys received by the department under the provisions of
this section shall be deposited in the State Treasury to the credit of
the Oregon Department of Administrative Services Operating Fund. [1955
c.495 §9; 1961 c.108 §12; 1967 c.454 §83; 1969 c.378 §7; 1993 c.500 §44a] The Oregon Department of Administrative Services may
prescribe such rules and regulations as are necessary to carry out the
provisions of ORS 292.014 to 292.036. [1955 c.495 §10](1) The payment of the salary or compensation of the
employees of the Department of Transportation and the officers and
employees of any state agency, as defined in ORS 291.002, if such agency
is authorized by the Director of the Oregon Department of Administrative
Services, where such salary or compensation is payable out of the State
Treasury and is fixed by law or the proper governing board or authority
at a definite rate per day, week, month or year, shall be made monthly,
as provided in this section.
(2) The superintendent, president or chief executive officer of the
institutions, boards, commissions or state agencies listed in subsection
(1) of this section, or such other officer thereof as may be, with the
approval of the department, designated by the proper governing board or
authority, shall, at the end of each month, make out, certify and
transmit to the department, a payroll, duly verified by the
superintendent, president or chief executive officer or designated other
officer and approved by the proper auditing committee or officer, showing
the names of the several officers and employees during the preceding
payroll period, the rate of compensation of each by the day, week, month
or year, the time employed, the amount due and any other facts the
department requires. The department, if it approves the payroll, shall
draw a warrant on the State Treasurer for the aggregate amount allowed by
it thereon, in favor of the superintendent, president or other officer of
the institution, board, commission or state agency, who shall immediately
pay over the moneys received thereon to the several parties entitled
thereto, taking receipts therefor, which shall be transmitted to the
department. [Formerly 292.030; 1957 c.482 §1; 1959 c.183 §1; 1959 c.566
§5; 1967 c.454 §84; 1969 c.378 §8; 1995 c.612 §20; 2003 c.734 §16] Before the superintendent,
president or other officer of an institution, board or commission listed
in ORS 292.039, forwards a payroll or receives from the Oregon Department
of Administrative Services a warrant issued thereon, the superintendent,
president or other officer shall file with the department a bond running
to the State of Oregon, for the benefit of whomsoever it may concern, in
such sum and amount as the department may require, not less, however than
50 percent of the probable aggregate amount of the monthly payroll nor
more than $50,000, with an approved surety company as surety. The bond
shall be conditioned that the superintendent, president or other officer
will faithfully pay over the moneys received on the warrant issued by the
department to the several parties entitled thereto, and properly account
for the same. The premium on the bond shall be considered an expense of
the state and payable from any funds appropriated for the benefit of the
institution, board, commission or state agency listed in ORS 292.039 (1).
[Amended by 1953 c.95 §2; 1967 c.454 §85; 1969 c.378 §9; 1989 c.171 §38](1) Notwithstanding the provisions of ORS 292.039 or any
other law, any state official authorized to disburse funds in payment of
salaries or wages of state officers or employees is authorized, upon
written request of state officers or employees to whom salaries and wages
are to be paid, and may pay the same to any financial institution
designated by the officers or employees for credit to their accounts. A
single payment may be issued in favor of such financial institution, for
the total amount due the officers or employees involved, and written
directions provided to such financial institution of the amount to be
credited to the account of each officer or employee. Financial
institutions permitted to participate in the payroll program shall be
those only which are qualified state depositories as provided by ORS
295.005 to 295.165.
(2) The issuance and delivery by the disbursing officer of a
payment in accordance with the procedure set forth in subsection (1) of
this section and proper acceptance thereof by the financial institution
shall constitute full acquittance for the amount due to the officer or
employee. [1967 c.69 §§2,3; 1969 c.378 §10; 1997 c.631 §443; 1999 c.311
§3; 2001 c.29 §1](1) As used in this section, “foundation” means a tax
exempt organization designated by the State Board of Higher Education to
solicit contributions for the support of an institution of higher
education under the jurisdiction of the board.
(2) Any state official authorized to disburse funds in payment of
salaries or wages, as defined in ORS 292.014, of the officers, teachers,
instructors and other employees of the Department of Higher Education is
authorized, upon written request of the individual, to deduct each month
from the salary or wages of the individual the amount of money designated
by the individual for payment to a foundation.
(3) The individual may withdraw the authorization at any time if
the individual so notifies such officer in writing.
(4) The moneys so deducted shall be paid over promptly to the
foundation designated by the individual. Subject to any rules prescribed
by the State Board of Higher Education, the state official authorized to
disburse the funds in payment of salaries and wages may prescribe any
procedures necessary to carry out this section. [1975 c.385 §1; 1995
c.612 §21](1) As used in this section, “United Fund” means the organization
conducting the single, annual, consolidated effort to secure funds for
distribution to agencies engaged in charitable and public health, welfare
and service purposes, which is commonly known as the United Fund, or the
organization which serves in place of the United Fund organization in
communities where an organization known as the United Fund is not
organized.
(2) Any state official authorized to disburse funds in payment of
salaries or wages of state officers or employees is authorized, upon
written request of the state officer or employee, to deduct each month
from the salary or wages of the officer or employee the amount of money
designated by the officer or employee for payment to the United Fund. The
moneys so deducted shall be paid over promptly to the United Fund
designated by the officer or employee. Subject to any regulations
prescribed by the Oregon Department of Administrative Services, the state
official authorized to disburse the funds in payment of salaries or wages
may prescribe any procedures necessary to carry out this section. [1955
c.255 §1](1) Except as authority over contracts
for health benefit plans described in ORS 243.135 is vested in the Public
Employees’ Benefit Board, upon receipt of the request in writing of an
officer or employee so to do, the state official authorized to disburse
funds in payment of the salary or wages of the officer or employee may
deduct from the salary or wages of the officer or employee an amount of
money indicated in the request for payment of the applicable amount set
forth in benefit plans selected by the officers or employees or in their
behalf for:
(a) Group life insurance, including life insurance for dependents
of officers or employees.
(b) Group dental and related services and supplies, or any other
remedial care recognized by state law and related services and supplies,
other than medical, surgical or hospital care, recognized under state
law, including such insurance for dependents of state officers or
employees.
(c) Group indemnity insurance for accidental death and
dismemberment and for loss of income due to accident, sickness or other
disability, including such insurance for dependents of state officers or
employees.
(d) Automobile casualty insurance under a monthly payroll deduction
program endorsed or offered by an employee organization representing 500
or more state employees. Membership in the employee organization is not a
requirement for participation in this program.
(e) Legal insurance under a monthly payroll deduction program
endorsed or offered by an employee organization representing 500 or more
state employees.
(f) Self-insurance programs that are approved and provided by the
Public Employees’ Benefit Board.
(2) The Oregon Department of Administrative Services may establish
and collect a fee to cover costs of administering this section.
(3) No state official authorized to disburse funds in payment of
salaries or wages is required to make deductions as authorized by
subsection (1) of this section for more than one benefit plan of the type
referred to in each of the paragraphs in subsection (1) of this section
per eligible employee.
(4) Moneys deducted under subsection (1) of this section shall be
paid over promptly:
(a) To the insurance companies, agencies or hospital associations,
or persons responsible for payment of premiums to the companies, agencies
or associations, in accordance with the terms of the contracts made by
the officers or employees or in their behalf; or
(b) With respect to self-insurance benefits, in accordance with
rules, procedures and directions of the Public Employees’ Benefit Board.
(5) As used in this section, “officer or employee” means all
persons who receive salaries or wages disbursed by any state official.
[1965 c.23 §1; 1971 c.527 §12; 1975 c.475 §1; 1979 c.469 §1; 1979 c.717
§1; 1997 c.222 §43; 2003 c.640 §5] (1) Upon
receipt of the request in writing of a state officer or employee so to
do, the state official authorized to disburse funds in payment of the
salary or wages of such state officer or employee each month shall deduct
from the salary or wages of such officer or employee the amount of money
indicated in such request, for payment thereof to a labor organization as
the same is defined in ORS 243.650.
(2) Such state official each month shall pay such amount so
deducted to any such labor organization so designated to receive it.
(3) Unless there is a contract to the contrary, upon receipt of the
request in writing of such officer or employee so to do, such state
official shall cease making such deductions and payments.
(4) In addition to making such deductions and payments to any labor
organization certified under the rules of the Employment Relations Board
as representatives of employees in a bargaining unit, any department,
board, commission, bureau, institution or other agency of the state shall
make deductions for and payments to noncertified, yet bona fide, labor
organizations, if requested to do so by officers and employees in that
department, board, commission, bureau, institution, or other state
agency, and for so long as the requests are not revoked. No deductions
for and payments to any labor organization under this section shall be
deemed an unfair labor practice under ORS 243.672.
(5) Upon receipt from the Oregon Department of Administrative
Services of a copy of a valid fair-share agreement in a collective
bargaining unit, the state official authorized to disburse funds in
payment of the salary or wages of the employees in such unit each month
shall deduct from the salary or wages of the employees covered by the
agreement the in-lieu-of-dues payment stated in the agreement and pay
such amount to the labor organization party the agreement in the same
manner as deducted dues are paid to a labor organization. Such deduction
and payment shall continue for the life of the agreement. [1959 c.316 §1;
1969 c.414 §1; 1971 c.510 §1; 1973 c.536 §31; 1975 c.347 §1; 1995 c.286
§28] (1) Any state
official authorized to disburse funds in payment of salaries or wages of
state officers or employees is authorized, upon written request of the
state officer or employee, to deduct each pay period from the salary or
wages of the officer or employee the amount of money designated by the
officer or employee for the purpose of paying delinquent taxes, including
interest and penalties, due state or federal agencies. Such deductions
must be in accordance with an agreement between the officer or employee
and the state or federal agency.
(2) The state official each month shall pay such amount so deducted
to the state or federal agency designated to receive it.
(3) Upon receipt of the request in writing of the officer or
employee so to do, the state official shall cease making such deductions
and payments. [1987 c.444 §2] (1) When a
state employee receives payment of salary or wages in an amount greater
than the employee’s entitlement, the amount of overpayment may be
deducted from salary or wages earned by the employee.
(2) The deduction may be in such form and manner as the Oregon
Department of Administrative Services, by rule, may prescribe. [1995
c.452 §7]Note: 292.063 was added to and made a part of ORS chapter 292 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.(1) As used in this section, unless the
context requires otherwise:
(a) “Department” means the Oregon Department of Administrative
Services.
(b) “State agency” means any elected or appointed officer, board,
commission, department, institution, branch or other agency of the state
government.
(c) “State officer or employee” means every person, including a
minor, who receives a salary or wages disbursed by any state official.
(d) “Payroll officer” means any person authorized to disburse funds
in payment of state salaries or wages to state officers and employees.
(2) As soon as practical, not to exceed 30 days, after receiving a
written authorization from a state officer or employee of a state agency,
the payroll officer authorized to disburse funds in payment of the salary
or wages of such officer or employee shall deduct monthly from such
salary or wages the amount of money designated by such officer or
employee for payment of parking fees in accordance with an agreement made
by such officer or employee with the department.
(3) Any authorization given under subsection (2) of this section is
subject to cancellation by giving a written notice of such cancellation
to the payroll officer authorized to make the deduction. As soon as
practical, not to exceed 30 days, after receiving a written notice from
the state officer or employee to cancel the deduction, the payroll
officer shall cease making such deductions.
(4) The authorization for deduction and cancellation of deduction
shall be made to the payroll officer in such form and manner and under
such rules as prescribed by the department.
(5) A state agency or municipal government may enter into an
agreement with a state officer or employee for parking in lots or parking
structures owned or controlled by a state agency or municipal government
under rules prescribed by the Oregon Department of Administrative
Services.
(6) As soon as practical, not to exceed 30 days, after receiving a
written authorization from a state officer or employee of a state agency
as provided under subsection (5) of this section, the payroll officer
authorized to disburse funds in payment of the salary or wages of such
officer or employee shall deduct monthly from such salary or wages the
amount of money designated by such officer or employee for payment of
parking fees in accordance with an agreement made by such officer or
employee with the state agency or municipal government.
(7) Any authorization given under subsection (6) of this section is
subject to cancellation by giving a written notice of such cancellation
to the payroll officer authorized to make the deduction. As soon as
practical, not to exceed 30 days, after receiving a written notice from
the state officer or employee to cancel the deduction, the payroll
officer shall cease making such deductions.
(8) The authorization for deduction and cancellation of deduction
shall be made to the payroll officer in such form and manner and under
such rules as prescribed by the Oregon Department of Administrative
Services. [1969 c.445 §§1,2,3,4; 1975 c.634 §1; 1993 c.500 §45](1) Upon receipt of the
request in writing of a state officer or employee to do so, the state
officer authorized to disburse funds in payment of the salary or wages of
such state officer or employee each month shall deduct from the salary or
wages of such officer or employee the amount of money indicated in such
request, for payment thereof to any designated financial institution that
is a member of the Oregon Automated Clearing House Association or its
successor, designated by such officer or employee to receive it.
(2) Such state official each month shall pay such amount so
deducted to a single central depository or clearinghouse facility
designated by participating credit unions for credit union payments,
savings and loans for savings and loan payments, banks for bank payments,
to receive payments on their behalf.
(3) Upon receipt of the request in writing of such officer or
employee to do so, such state official shall cease making such deductions
and payments.
(4) As used in this section, “financial institution” means a
financial institution as defined in ORS 706.008 or any other entity
authorized to hold or invest individual retirement accounts under section
408, Internal Revenue Code of 1954, in effect on January 1, 1987. [1971
c.71 §2; 1979 c.718 §2; 1985 c.355 §2; 1997 c.631 §444](1) As
used in ORS 292.070 to 292.110:
(a) “Compensation” means salaries and wages.
(b) “State employees” means state officers and employees, including
minors.
(2) The Oregon Department of Administrative Services, pursuant to
such rules as it may adopt, is authorized, with the approval of state
employees, to withhold from their compensation sums with which to
purchase for them United States Savings Bonds or other obligations of the
United States of America and to deposit such sums with the State
Treasurer in a trust account entitled Employes’ Bond Savings Account. The
account shall be subject to withdrawal, in whole or in part, upon the
check or written order of the department, or of such persons as may be
deputized by it, for the purposes provided in ORS 292.070 to 292.110. The
account, with its component items, shall be exempt from garnishment,
attachment or execution under the laws of this state. [Amended by 1981
c.567 §3] (1) The Oregon
Department of Administrative Services shall maintain a record of all
deductions made from the compensation of employees under authority of ORS
292.070. When sufficient funds have accumulated to the credit of an
employee to permit the issuance of a United States Savings Bond or other
federal obligation of the kind and in the denomination desired by the
employee, the department shall issue or procure the bond or other
obligation purchased by the employee.
(2) All such bonds or other obligations issued by the department in
behalf of the federal government shall be:
(a) Forwarded to the purchasing employee by the department by mail
in envelopes furnished by the federal government; or
(b) Delivered by the department to the board, department,
commission or other state agency by which the purchaser is employed, for
redelivery to the employee. [Amended by 1981 c.567 §4] Balances to
the credit of the Employes’ Bond Savings Account may be used for the
purchase in advance, from the federal government or from any federal
reserve bank or other authorized federal agency, of savings bonds or
other obligations of the federal government, either in blank or in
inscribed form, in convenient denominations to meet the requirements of
the purchasers thereof. [Amended by 1981 c.567 §5] The Oregon Department of
Administrative Services may make refunds from the Employes’ Bond Savings
Account, of the uninvested amounts therein, of employees’ salary
deductions. [Amended by 1981 c.567 §6] (1)
If a state employee dies having moneys to the credit of the state
employee in the Employes’ Bond Savings Account, the moneys shall be paid
to the coowner or beneficiary named in the employee’s payroll allotment
authorization for the purchase of such bonds or obligations. If no
coowner or beneficiary is designated therein, then, if the employee is
married, the moneys shall be paid or refunded to the employee’s surviving
spouse, or, if the employee is unmarried, to a next of kin.
(2) Uncashed refund checks or orders issued and delivered to state
employees before death, may be paid to the like parties in the order
named, upon indorsement of the checks or orders by such parties in the
name of the deceased payee and individually. [Amended by 1981 c.567 §7](1) The State Treasurer is authorized, under such rules as the treasurer
shall promulgate, to make cash advances in payment of mileage allowances
of members of the Legislative Assembly, and in payment of earned wages
and salaries of clerks and employees thereof, and of state employees
during sessions of the Legislative Assembly and in emergency cases,
pursuant to assignments executed by payees in favor of the State
Treasurer.
(2) Wages and salaries of clerks and employees of the Legislative
Assembly shall be so advanced only pursuant to certificates, showing the
amount of salary earned and unpaid, signed by the chief clerk of the
branch of the Legislative Assembly with which the party receiving the
advance is identified and by the Oregon Department of Administrative
Services or its duly authorized representative.
(3) The amounts of earned wages and salaries of state employees
shall be so advanced only if payable solely from appropriations made by
the Legislative Assembly, and then only upon vouchers approved by the
proper state officer, board or commission, as the case may be. (1) The amounts advanced by
the State Treasurer under ORS 292.150 shall be repaid to the State
Treasurer through warrants issued by the Oregon Department of
Administrative Services in payment of properly approved vouchers.
(2) The State Treasurer, as assignee of the parties to whom such
advances have been made, is authorized to:
(a) Verify the vouchers.
(b) Indorse, as assignee, the warrants drawn in favor of the
parties to whom the advances have been made, or to such parties and to
the State Treasurer as assignee jointly.
(c) Reimburse, from the proceeds of the warrants, the funds or
accounts from which the advances have been made.If a state employee leaves state employment after having
received payment of salary or wages in an amount greater than the
employee’s entitlement, the amount of overpayment shall be considered a
delinquent account and shall be subject to collection by the Collections
Unit in the Department of Revenue under ORS 293.250. [1981 c.567 §12](1) The Oregon Department of Administrative Services may
render a monthly or quarterly invoice to all state agencies utilizing or
intending to utilize the joint payroll system in the future. This monthly
or quarterly invoice shall be equal to demonstrated savings of Workers’
Compensation workday tax costs which are a direct result of the savings
from payment of the workday tax based on actual days worked by the
employee.
(2) It is the intention of this section to allow the department to
use demonstrated savings of Workers’ Compensation workday tax costs to
pay for the implementation costs of ORS 238.350, 240.546, 292.026,
292.033, 292.070 to 292.110, 292.170 and this section and the moneys
received are continuously appropriated for the purposes of ORS 238.350,
240.546, 292.026, 292.033, 292.070 to 292.110, 292.170 and this section.
(3) Any excess moneys remaining after the implementation of ORS
238.350, 240.546, 292.026, 292.033, 292.070 to 292.110, 292.170 and this
section shall be returned pro rata on the basis of total moneys to agency
contributions to the agencies from which received. However, if the amount
remaining is less than $10,000, that amount may be transferred to the
General Fund as a miscellaneous receipt. [1981 c.567 §11; 1983 c.81 §1]SUBSISTENCE AND MILEAGE ALLOWANCES FOR TRAVEL BY STATE OFFICERS AND
EMPLOYEES As used in ORS
292.210 to 292.230, unless the context otherwise requires:
(1) “State agency” has the same meaning as provided in ORS 291.002.
(2) “State officer” means any elected or appointed state officer,
including members of boards and commissions. [Amended by 1953 c.623 §3;
1971 c.153 §1]The amounts and nature of subsistence allowances for
travel, and the rate of mileage allowance for travel by private
automobile, payable by state agencies, shall be established and regulated
by the Oregon Department of Administrative Services within any limits
that may be prescribed by statute. The department shall prescribe by rule
the conditions under which allowances for travel by private automobile
may be made. [Amended by 2005 c.22 §215](1) It is the policy of the state that all out-of-state
travel by state agency personnel shall be allowed only when the travel is
essential to the normal discharge of the agency’s responsibilities.
Out-of-state travel shall be conducted in the most efficient and
cost-effective manner resulting in the best value to the state. The
travel must comply with requirements of rules adopted under subsection
(5) of this section. State agencies shall adhere to the following
guidelines when using out-of-state travel:
(a) All out-of-state travel must be for official state business.
(b) Use of out-of-state travel must be related to the agency’s
scope of responsibilities.
(c) Each state agency is charged with the responsibility for
determining the necessity and justification for and method of travel.
(d) Each state agency shall make every effort possible to minimize
employee time spent on out-of-state travel.
(2) Notwithstanding any other law, including but not limited to ORS
243.650 to 243.782, it is the policy of the state that travel awards
earned while conducting state business shall be used to reduce the costs
of state travel expenses except as otherwise required as a prerequisite
to receipt of federal or other granted funds. The use of travel awards
obtained while conducting state business for personal travel constitutes
personal gain from state employment and violates ORS 244.040.
(3) The Oregon Department of Administrative Services shall work
with commercial airlines to make travel awards available to the state
rather than individual employees.
(4) Notwithstanding subsection (5) of this section, each state
agency shall manage all travel awards earned by personnel employed by
them who travel for the state. Agencies shall establish procedures in
accordance with Oregon Department of Administrative Services rules to
monitor the earning and use of awards by individual employees.
(5) The Oregon Department of Administrative Services shall adopt by
rule standards regulating out-of-state travel including but not limited
to:
(a) Limiting the number of officers and employees who may attend
the same meeting;
(b) Requiring state agencies to establish practices for travel that
are consistent with the agency’s resources;
(c) Requiring agencies to develop information sharing for reporting
and other aspects that have benefits to more than one agency;
(d) Developing telecommunication resources to be used in lieu of
travel;
(e) Requiring agency administrators or their designees, as
designated in writing, to approve out-of-state travel; and
(f) Setting up procedures to audit agency use of travel and travel
awards including appropriate sanctions for misuse.
(6) As used in this section:
(a) “Official state business” means activity conducted by any
agency personnel that has been authorized by that agency in support of
approved state programs.
(b) “Out-of-state travel” means all travel from a point of origin
in Oregon to a point of destination in another state and return therefrom.
(c) “Travel award” means any object of value awarded by any
business providing commercial transportation or accommodations to an
individual or agency which can be used to reduce the cost of travel
including, but not limited to, frequent flier miles, discounts or
coupons. [Amended by 1993 c.750 §1](1) No person shall be reimbursed by the state for the
use on official or state related business of a privately owned motor
vehicle at a rate to exceed the rate established and regulated by the
Oregon Department of Administrative Services. Reimbursement shall be paid
only for distances actually traveled and trips made in the performance of
official or state related duties.
(2) The rate prescribed in subsection (1) of this section shall be
deemed to be in full compensation for all and every expense, charge or
liability incurred through the use of the privately owned motor vehicle,
including the cost of gasoline, oil, repair parts, depreciation, taxes,
insurance and maintenance and upkeep of every kind and nature.
(3) No law enacted before August 2, 1951, allowing the recovery by
any person of necessary and reasonable traveling expenses incurred in the
performance of official duties shall be construed to authorize payment by
the state for the use of a privately owned motor vehicle on a basis in
excess of the rate provided in subsection (1) of this section. [Amended
by 1965 c.8 §1; 1971 c.153 §2; 1971 c.244 §1; 1973 c.224 §1; 1974 c.10
§1; 1975 c.525 §1; 1979 c.179 §1]
Notwithstanding ORS chapters 291, 292 and 293, any officer or employee of
any state agency may receive an advance for approved necessary expenses
of travel and subsistence arising out of official duties or employment,
in the manner provided in ORS 292.286 and 292.288. [1955 c.765 §1; 1973
c.158 §1] (1) Any
officer or employee of a state agency who desires a cash advance for the
expenses of travel and subsistence arising out of official duties or
employment shall file a written request for the approval of such advance
with the administrative head of the state agency by which the officer or
employee is employed.
(2) The administrative head of the state agency by which the
officer or employee requesting the advance is employed shall forward a
copy of the written approval to the official authorized to disburse funds
of such agency. The advance shall be paid from funds available to the
agency for the payment of claims.
(3) The Oregon Department of Administrative Services shall make
rules setting forth procedures for request and disbursal of travel
advances provided in ORS 292.286 and 292.288. [1955 c.765 §3; 1971 c.244
§3; 1973 c.158 §2; 1993 c.18 §57; 2005 c.22 §216] The state shall have a prior claim
against and a right to withhold any and all funds payable, or to become
payable, by the state to any officer or employee up to the amount of such
advance. [1971 c.244 §5]SALARIES AND EXPENSES OF ELECTED STATE OFFICERSThe incumbents of each of the following offices
shall be paid an annual salary on a monthly basis, as follows:
(1) Governor, $93,600 for the year beginning July 1, 2001, and
ending June 30, 2002, and for each year thereafter. The Governor shall
also be paid $1,000 per month regularly for expenses necessarily incurred
but not otherwise provided for.
(2) Secretary of State, $72,000 for the year beginning July 1,
2001, and ending June 30, 2002, and for each year thereafter. The
Secretary of State shall also be paid $250 per month regularly for
expenses necessarily incurred but not otherwise provided for.
(3) State Treasurer, $72,000 for the year beginning July 1, 2001,
and ending June 30, 2002, and for each year thereafter. The State
Treasurer shall also be paid $250 per month regularly for expenses
necessarily incurred but not otherwise provided for.
(4) Attorney General, $77,200 for the year beginning July 1, 2001,
and ending June 30, 2002, and for each year thereafter. The Attorney
General shall also be paid $250 per month regularly for expenses
necessarily incurred but not otherwise provided for.
(5) Superintendent of Public Instruction, $72,000 for the year
beginning July 1, 2001, and ending June 30, 2002, and for each year
thereafter. The superintendent shall also be paid $250 per month
regularly for expenses necessarily incurred but not otherwise provided
for.
(6) Commissioner of the Bureau of Labor and Industries, $72,000 for
the year beginning July 1, 2001, and ending June 30, 2002, and for each
year thereafter. The commissioner shall also be paid $250 per month
regularly for expenses necessarily incurred but not otherwise provided
for. [1953 c.307 §1; 1955 c.706 §1; 1957 c.578 §1; 1959 c.693 §1; 1961
c.392 §1; 1963 c.572 §55; 1965 c.14 §1; 1967 c.7 §1; 1969 c.644 §1a; 1971
c.642 §4; 1973 c.628 §1; 1977 c.896 §2; 1979 c.635 §1; 1981 c.736 §5;
1981 c.739 §1; 1985 c.782 §4; 1987 c.894 §4; 1989 c.977 §1; 1997 c.572
§1; 2001 c.854 §1; 2002 s.s.3 c.12 §11]All
fees and commissions of any kind, name or nature collected by the
Governor, Secretary of State, State Treasurer or Attorney General for any
service performed by the Governor, Secretary of State, State Treasurer or
Attorney General by virtue of office or collected by the Governor,
Secretary of State, State Treasurer or Attorney General by virtue of
office, shall be paid into the State Treasury on or before the 10th day
of the month following the collection thereof, accompanied by a statement
designating the fund or account to which the payment is to be credited.
Each of such officers shall, in the biennial report of the officer, set
forth a statement of all moneys so collected and paid over to the State
Treasury. [Amended by 1953 c.307 §4; 1969 c.141 §1] (1) The annual salary of the Chief
Judge of the Court of Appeals shall be $99,200 for the year beginning
July 1, 2001, and ending June 30, 2002, and $105,200 for the year
beginning July 1, 2002, and ending June 30, 2003, and for each year
thereafter.
(2) The annual salary of each other judge of the Court of Appeals
shall be $97,000 for the year beginning July 1, 2001, and ending June 30,
2002, and $102,800 for the year beginning July 1, 2002, and ending June
30, 2003, and for each year thereafter. [1969 c.198 §9; 1971 c.642 §5;
1973 c.786 §1; 1977 c.896 §3; 1979 c.635 §2; 1981 c.739 §2; 1985 c.782
§5; 1987 c.894 §5; 1989 c.977 §2; 1993 c.725 §28; 1995 c.658 §139; 1997
c.572 §2; 2001 c.854 §2] (1) The annual
salary of the Chief Justice of the Supreme Court shall be $101,500 for
the year beginning July 1, 2001, and ending June 30, 2002, and $107,600
for the year beginning July 1, 2002, and ending June 30, 2003, and for
each year thereafter.
(2) The annual salary of each other judge of the Supreme Court
shall be $99,200 for the year beginning July 1, 2001, and ending June 30,
2002, and $105,200 for the year beginning July 1, 2002, and ending June
30, 2003, and for each year thereafter. [Formerly 292.315; 1961 c.702 §3;
1965 c.171 §3; 1967 c.38 §3; 1969 c.365 §3; 1971 c.642 §6; 1973 c.786 §2;
1977 c.896 §4; 1979 c.635 §3; 1981 c.739 §3; 1985 c.782 §6; 1987 c.894
§6; 1989 c.977 §3; 1993 c.725 §29; 1995 c.658 §139a; 1997 c.572 §3; 2001
c.854 §3] The annual salary of each judge of a
circuit court shall be $90,400 for the year beginning July 1, 2001, and
ending June 30, 2002, and $95,800 for the year beginning July 1, 2002,
and ending June 30, 2003, and for each year thereafter. [1971 c.642 §43;
1973 c.786 §3; 1977 c.896 §5; 1979 c.635 §4; 1981 c.739 §4; 1985 c.782
§7; 1987 c.894 §7; 1989 c.977 §4; 1993 c.725 §30; 1995 c.658 §139b; 1997
c.572 §4; 2001 c.854 §4] The annual salary of the judge of the
Oregon Tax Court shall be $93,300 for the year beginning July 1, 2001,
and ending June 30, 2002, and $98,900 for the year beginning July 1,
2002, and ending June 30, 2003, and for each year thereafter. [1977 c.896
§8; 1979 c.635 §6; 1981 c.739 §6; 1985 c.782 §9; 1987 c.894 §9; 1989
c.977 §6; 1993 c.725 §32; 1995 c.658 §139d; 1997 c.572 §7; 2001 c.854 §5](1) In addition to the annual salaries set forth in ORS
171.072 and 292.313, the Oregon Department of Administrative Services may
“pick-up,” assume and pay to the Public Employees Retirement Fund any
employee contributions, otherwise required by ORS 238.200, for the
Governor, Secretary of State, State Treasurer, Attorney General,
Superintendent of Public Instruction, Commissioner of the Bureau of Labor
and Industries and members of the Legislative Assembly.
(2) The department may provide health, dental, life and long-term
disability insurance without cost to the officers referred to in
subsection (1) of this section and to judges of the Supreme Court, Court
of Appeals, Oregon Tax Court and circuit courts in such amounts as are
provided from time to time to employees in the unclassified service of
the state. [1979 c.635 §9; 2003 c.67 §35]SALARIES AND EXPENSES OF NONELECTIVE STATE OFFICIALS(1) Subject to the availability of funds therefor in the
budget of the state board or commission, and except as otherwise provided
by law, any member of a state board or commission, other than a member
who is employed in full-time public service, who is authorized by law to
receive compensation for time spent in performance of official duties,
shall receive a payment of $30 for each day or portion thereof during
which the member is actually engaged in the performance of official
duties.
(2) Except as otherwise provided by law, all members of state
boards and commissions, including those employed in full-time public
service, may receive actual and necessary travel or other expenses
actually incurred in the performance of their official duties within the
limits provided by law or by the Oregon Department of Administrative
Services under ORS 292.210 to 292.250.
(3) As used in subsection (2) of this section, “other expenses”
includes expenses incurred by a member of a state board or commission in
employing a substitute to perform duties, including personal, normally
performed by the member which the member is unable to perform because of
the performance of official duties and which by the nature of such duties
cannot be delayed without risk to health or safety. No member shall be
reimbursed for expenses incurred in employing a substitute in excess of
$25 per day. [1969 c.314 §1; 1973 c.224 §2; 1975 c.441 §1; 1979 c.616 §1](1) As used in this section,
“council” means the Oregon Developmental Disabilities Council that
receives federal financial support under the Developmental Disabilities
Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.).
(2) Each member of the Oregon Developmental Disabilities Council is
entitled to compensation as provided in ORS 292.495 (1).
(3) Subject to limits provided by law or by the Oregon Department
of Administrative Services under ORS 292.210 to 292.250, each member of
the council may receive actual and necessary travel or other expenses
incurred in the performance of the member’s official duties and not
reimbursed from other sources.
(4) As used in subsection (3) of this section, “other expenses”
means:
(a) Expenses not exceeding $25 for each day that are incurred by a
member of the council in employing another person to perform duties,
including personal duties, normally performed by the member that the
member is unable to perform because of other official duties that cannot
be delayed without risk to health or safety.
(b) Notwithstanding paragraph (a) of this subsection, the actual
cost of personal assistant services necessary for a member of the council
to perform official duties of the member.
(c) Notwithstanding paragraph (a) of this subsection, the actual
cost of care for children or family members with disabilities that is
required to allow a parent or caregiver to perform the duties of a member
of the council. [1999 c.426 §1]Note: 292.500 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 292 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.PUBLIC OFFICIALS COMPENSATION COMMISSION(1) There is established a Public Officials Compensation Commission
consisting of seven members of whom two are appointed by the Governor,
two by the Speaker of the House of Representatives, two by the President
of the Senate and one by the Chief Justice of the Supreme Court of the
State of Oregon.
(2) The term of office of each member is four years. A member is
eligible for reappointment. If there is a vacancy for any cause, the
appointing authority having made the appointment of the member
representing the vacancy, shall make an appointment to become immediately
effective for the unexpired term.
(3) No person who holds an office or position the salary of which
is subject to ORS 292.907 to 292.930 shall be eligible to serve on the
commission. [1983 c.790 §1] (1) The Public Officials Compensation Commission
shall review and make recommendations to the Legislative Assembly
regarding the salary of each officer subject to ORS 292.907 to 292.930
and all compensation of members of the Legislative Assembly for the
succeeding biennium.
(2) Such recommendations shall be based upon the following criteria:
(a) Comparable positions in neighboring states.
(b) The qualifications and skills necessary for each office.
(c) The level of responsibility implicit in each office.
(d) The cost of living.
(e) The total compensation of the positions, including benefits
other than salary.
(f) Budget limitations.
(g) Any other factors the commission may consider to be reasonable,
appropriate and in the public interest.
(3) The commission shall cause to have prepared legislative
measures that would implement the commission’s recommendations on
salaries of officers subject to ORS 292.907 to 292.930 and all
compensation of members of the Legislative Assembly for the succeeding
biennium. [1983 c.790 §3](1) The Public Officials Compensation Commission shall select one
of its members as chairperson and another as vice chairperson, for such
terms and with duties and powers necessary for the performance of the
functions of such offices as the commission determines.
(2) A majority of the members of the commission constitutes a
quorum for the transaction of business.
(3) The commission shall meet as frequently as the proper and
efficient discharge of its duties may require.
(4) A member of the commission shall be eligible for compensation
and expenses under ORS 292.495.
(5) The Personnel Division shall assist the Public Officials
Compensation Commission in carrying out its functions. [1983 c.790 §2]The Legislative Assembly shall set the salary for each
elected state officer, and all compensation for members of the
Legislative Assembly, each biennium for the succeeding biennium, based on
the recommendations of the Public Officials Compensation Commission.
Notwithstanding other provisions of ORS 292.907 to 292.930, the
Legislative Assembly by law may lower the salaries of members of the
Legislative Assembly and elected officials, other than judges, to take
effect at any time. [1983 c.790 §4] Each of the
following elective officers shall be paid an annual salary on a monthly
basis as determined by the Legislative Assembly each biennium beginning
July 1, 1985:
(1) Governor.
(2) Secretary of State.
(3) State Treasurer.
(4) Attorney General.
(5) Superintendent of Public Instruction.
(6) Commissioner of the Bureau of Labor and Industries.
(7) Court of Appeals Judge.
(8) Supreme Court Justice.
(9) Circuit Court Judge.
(10) Tax Court Judge. [1983 c.790 §5; 1995 c.658 §102]COMPARABLE VALUE OF WORK As used in ORS
240.190 and 292.951 to 292.971:
(1) “Comparability of the value of work” means the value of the
work measured by the needs of the employer and the knowledge, composite
skill, effort, responsibility and working conditions required in the
performance of the work.
(2) “Compensation” means wages or salary.
(3) “Compensation plan” means the ranges of compensation for all
classifications within a branch of state government, as approved by the
appropriate authority.
(4) “Point factor job evaluation system” means a method of
assigning points to classifications based upon the degree that the
factors are required in the performance of the work.
(5) “Point value” means a numerical score representing total points
resulting from application of a point factor job evaluation system. [1987
c.772 §1]Note: 292.951 to 292.971 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 292 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.For purposes of analyzing the state’s classification and
compensation system to assess progress in achieving policies stated in
ORS 240.190, and for the purpose of determining undervalued jobs in need
of wage adjustments, the Oregon Department of Administrative Services,
the Chief Justice of the Supreme Court and the Legislative Administration
Committee shall by rules, pursuant to ORS chapter 183, adopt a neutral
and objective method of determining the comparability of the value of
work as defined in ORS 292.951 (1). [1987 c.772 §3; 1991 c.842 §7]Note: See note under 292.951.(1) There is created a Pay Equity
Adjustment Fund. Any moneys appropriated for pay equity adjustment
purposes shall be applied as a first priority to compensation adjustments
for the most undervalued jobs in the lowest salary ranges.
(2) For the biennium beginning July 1, 1987, the pay equity
adjustment priority described in this section shall include all classes
and class series which are 15 percent or more below the male payline of
December 1985 and begin at a rate equal to or less than Standard Salary
Range 19 of the Executive Department Unrepresented Compensation Plan in
effect on July 1, 1986. The Oregon Department of Administrative Services
shall determine corresponding equivalent salary ranges for the
compensation plans applicable to the legislative and judicial branches of
government.
(3) The distribution of funds to each employee bargaining unit and
unrepresented employees by this section shall be determined by collective
bargaining agreement or by compensation plan in accordance with the
priority described in subsection (2) of this section.
(4) Pay equity wage adjustments authorized by ORS 240.190 and
292.951 to 292.971 shall be in addition to any general salary adjustments
authorized by the Legislative Assembly.
(5) No employee shall have wages decreased as a result of
implementation of this section.
(6) The appropriate legislative body shall review the distribution
process described in subsection (3) of this section prior to the
expenditure of funds appropriated or authorized by ORS 240.190 and
292.951 to 292.971. [1987 c.772 §5]Note: See note under 292.951. The appropriate authority
within each branch of government shall establish procedures for creation
of Job Evaluation Teams, consisting of state employees, including
representatives of management, bargaining unit employees and
unrepresented employees who possess occupational experience and other
characteristics of the workforce, to advise the authority on the
evaluation of classifications. [1987 c.772 §7]Note: See note under 292.951.PENALTIESIf any of the officers mentioned in ORS 292.316
fails to pay over to the State Treasurer any and all moneys collected by
virtue of office, the officer shall be deemed guilty of theft and shall
be punished accordingly. [Amended by 1971 c.743 §352; 1997 c.249 §90;
2003 c.794 §247; 2005 c.121 §2]
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