71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
SA to A-Eng. HB 2459
LC 467/HB 2459-A7
SENATE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 2459
By COMMITTEE ON RULES AND REDISTRICTING
June 25
On page 1 of the printed A-engrossed bill, line 2, after '
238.005' insert ', 238.082 and 238.225; and declaring an
emergency'.
On page 5, after line 20, insert:
' { + SECTION 2. + } ORS 238.082 is amended to read:
' 238.082. (1) Subject to the limitations in subsection (2) of
this section, any public employer may employ any person receiving
a service retirement allowance if the administrative head of such
employer is satisfied that such employment is in the public
interest.
' (2) The period or periods of employment by one or more public
employers of any person receiving a service retirement allowance
shall not total 1,040 hours or more in any calendar year; but if
the person is receiving old-age, survivors or disability
insurance benefits under the federal Social Security Act, the
person may be employed for the number of hours for which the
salary equals the maximum allowed for receipt of the full amount
of those benefits to which the person is entitled.
' { + (3) The limitations on employment imposed by subsection
(2) of this section do not apply to a retired member who has
attained normal retirement age and who is employed as a teacher
or as an administrator, as those terms are defined in ORS
342.120, if the retired member is employed by a school district
or education service district that has its administrative office
located within a county with a population of not more than 35,000
inhabitants according to the latest federal decennial census. A
retired member who is employed as a teacher, as defined in ORS
342.120, by the same public employer that employed the member at
the time of retirement remains in the same collective bargaining
unit that included the member before retirement. + }
' { - (3) - } { + (4) + } Employment under this section
{ - shall - } { + does + } not affect the status of a person
as a retired member of the system and a recipient of retirement
benefits under this chapter.
' { + SECTION 3. + } ORS 238.225 is amended to read:
' 238.225. (1) A public employer that is participating in the
system shall, at intervals designated by the board, transmit to
it such amounts as are actuarially computed to be necessary, as
determined by the board, to adequately provide the benefits to be
provided by the contributions of the employer under this chapter,
including such amounts as are actuarially determined to be
necessary to amortize within not less than 30 years after
December 31, 1968, all liabilities estimated by the actuary to
accrue to the system on account of the pensions to be provided by
the contributions of the employer, except as otherwise provided
in this section. For the purpose of such actuarial computation
only, the school districts of the state shall be regarded as
constituting one employer.
' (2) In addition each such employer shall transmit to the
board, at intervals which it designates, such amounts as are
actuarially determined, on the basis of an amount per month equal
to $6 for each year of prior service or major fraction thereof
for a period not exceeding 20 years for employees who last
retired prior to April 8, 1953, and prior to becoming eligible
for participation in the Old Age, Survivors and Disability
Insurance program and on the basis of an amount per month equal
to $4 for each year of prior service or major fraction thereof
for a period not exceeding 20 years for all other employees,
except as provided in subsection (4) of this section, to be
necessary to amortize within not less than 30 years after the
employer commences participating in the system or after December
31, 1968, whichever occurs last, all liabilities estimated by the
actuary to accrue to the system on account of service by the
employer's employees prior to the time it commences participating
in the system, and all prior service pension included in
retirement allowances shall be computed on the basis hereby
established; provided, however, that a political subdivision
other than a school district may elect not to alter the basis of
$2.50 or $4 per month established by its agreement made when it
began to participate in the system established by chapter 401,
Oregon Laws 1945, as amended. The 1961 amendment to this
subsection does not apply with respect to employees receiving
prior service pension on the basis of $6 per month for each year
of prior service credit allowed under the amendment to this
subsection by section 3, chapter 623, Oregon Laws 1959.
' (3) A political subdivision which had withdrawn prior to
January 1, 1956, from the Public Employees Retirement System may
elect to increase the benefits payable for prior service to it
from $2.50 to $4 per month for each year of prior service
allowed; provided, that the administrative head of the withdrawn
employer enters into an agreement with the Public Employees
Retirement Board, binding such political subdivision to (a)
transmit to the board, as hereinabove provided, payments
including the cost of increased benefits, (b) pay for such
increase of benefits for all its current employees with prior
service credit who have maintained membership in the Public
Employees Retirement System and for all its past employees who
have maintained such membership and who have prior service credit
for service to such withdrawn public employer, and (c) pay for
such increase of benefits for all annuitants who on the effective
date of the agreement are receiving payment for prior service to
such employer, the increase to be effective from and after the
date of executing the agreement. An agreement so executed shall
be irrevocable by the political subdivision, which shall be
liable thereon and subject to legal action therefor by the board
until all obligations of such agreement are fully discharged.
' (4) Subject to the rules of the board and except as this
chapter otherwise provides, credit shall be granted:
' (a) An employee of the state who is a member of the system
for continuous service, for a period not exceeding 20 years, to
the state prior to July 1, 1946.
' (b) A school district employee who is a member of the system
for continuous service to all school districts of the state as
provided in subsection (6) of this section.
' (c) An employee of a public employer other than the state or
a school district who is a member of the system for continuous
service, on the basis of the formula agreed upon as provided in
this subsection, to that public employer prior to the time it
commences to participate in the system.
Within 60 days after an employer becomes a participant in the
system the board shall issue the member entitled to such credit a
certificate of the aggregate of such credit to which the member
is entitled. The certificate shall be final unless the board, for
cause upon the motion of the member or board, modifies the
certificate. The board may arrange with a political subdivision
other than a school district, or with an agency created by two or
more such political subdivisions to provide themselves
governmental services, for determining, on the basis of a formula
agreed upon by the board and the governing body of the
subdivision or agency, the years of credit which an employee of
the subdivision or agency is to receive for service to it prior
to the time that it commences to participate in the system,
without limitation as to the number of years of such prior
service, and any such employee may be given credit for
accumulated seasonal employment for such subdivision or agency if
the employee has become a regular employee thereof. The
amendments to this subsection and to subsection (5) of this
section by section 5, chapter 640, Oregon Laws 1969, shall be
deemed to have been in effect since the inception of the system.
' (5) When the formula referred to in subsection (4) of this
section has been agreed upon and the years of prior service
credit have been determined, a political subdivision or agency
created by two or more political subdivisions to provide
themselves governmental services which desires to increase such
credit to its employees may apply to the retirement board for a
revision of the formula within the limitations of this chapter.
If the board agrees to such revision, the cost incurred in
reviewing the records of such employer's employees and making any
actuarial computation required to effect an increase of prior
service credit shall be borne by the political subdivision or
agency.
' (6) Each school district employee who is a member of the
system shall be granted full credit, for a period not exceeding
20 years, for continuous service to all school districts of the
state prior to July 1, 1946. Each school district shall transmit
to the board, at intervals which it designates, such amounts as
are actuarially determined, on the basis stated in subsection (2)
of this section, to be necessary to amortize, within not less
than 30 years after December 31, 1968, all liabilities estimated
by the actuary to accrue to the system on account of service by
school district employees prior to July 1, 1946.
' { + (7) A public employer who agrees to provide prior
service credit under this section may elect to treat any year, or
part of a year, for which prior service credit is granted as a
year in which the employee has made contributions to the Public
Employees Retirement Fund for the purposes of ORS 238.265 (3) and
238.425. An election under this subsection must be made at the
time the public employer enters into the agreement providing for
prior service credit. + }
' { + SECTION 4. + } { + This 2001 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2001 Act
takes effect on its passage. + } ' .
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