71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 3366
Sponsored by Representative JENSON
CHAPTER ................
AN ACT
Relating to judges' retirement; amending ORS 238.545; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 238.545 is amended to read:
238.545. (1) Except as otherwise provided in this section, a
judge member may withdraw from the Public Employees Retirement
Fund the amount credited to the employee account for the judge
member if:
{ - (a) The judge member has made contributions to the Public
Employees Retirement System during each of five calendar
years; - }
{ - (b) - } { + (a) + } The judge member is separated from
all service with participating public employers;
{ - (c) - } { + (b) + } The judge member is separated from
all service with employers who are treated as part of a
participating public employer's controlled group under the
federal laws and rules governing the status of the Public
Employees Retirement System and the Public Employees Retirement
Fund as a qualified governmental retirement plan and trust;
{ - (d) - } { + (c) + } The judge member has not attained
60 years of age; and
{ - (e) - } { + (d) + } The separation from service is not
by reason of death or disability.
(2) If a judge member wishes to withdraw the employee account
balance under this section, the judge member must transmit to the
Public Employees Retirement Board a withdrawal request. The board
shall deny the withdrawal, or shall take all reasonable steps to
recover withdrawn amounts, if:
(a) The board determines that the separation is not a bona fide
separation; or
(b) The judge member fails to remain absent from the service of
all employers described in subsection (1) of this section for at
least one calendar month following the month in which the judge
member separates from service.
(3) If a judge member who is eligible to withdraw as provided
in subsection (1) of this section does not elect to withdraw, the
account of the judge member in the fund shall remain to the
credit of the judge member, and the judge member is entitled to
such death benefits and disability retirement allowance as ORS
238.500 to 238.585 provide. Before attaining 60 years of age, a
judge member who is eligible to withdraw as provided in
subsection (1) of this section but who does not withdraw must
Enrolled House Bill 3366 (HB 3366-INTRO) Page 1
elect in writing to retire under either ORS 238.535 (1)(a) or
(b). The election is irrevocable after the judge member attains
60 years of age. Any inactive judge member who fails to make the
election provided for in this subsection prior to attaining 60
years of age shall be retired under the provisions of ORS 238.535
(1)(a). The service retirement allowance of an inactive judge
member who retires under ORS 238.535 (1)(a) shall be a reduced
service retirement allowance that is the actuarial equivalent of
the service retirement allowance provided for in ORS 238.535
(1)(a). An inactive judge member who elects to retire under ORS
238.535 (1)(b) must meet all other requirements imposed by ORS
238.535 for retirement under ORS 238.535 (1)(b).
(4) If approved by the Chief Justice of the Supreme Court, an
inactive judge member who elects to retire under ORS 238.535
(1)(b) pursuant to the provisions of subsection (3) of this
section may commence to serve the pro tem service obligation
imposed by ORS 238.535 before the judge member's date of
retirement. If the Chief Justice determines, at any time after
the judge member commences performing the pro tem service
obligation, that the judge member has failed to perform the pro
tem services in the manner required by ORS 238.535 (1)(c), and
the judge member has not been relieved of the obligation to
perform those services in the manner provided by ORS 238.535
(1)(c), the Chief Justice shall notify the Public Employees
Retirement Board. If the judge member has not yet retired, the
board shall calculate the service retirement allowance of the
noncomplying judge member at the time of retirement in the manner
provided by ORS 238.535 (1)(a). If the judge member has retired,
the board shall recalculate the service retirement allowance of
the noncomplying judge member in the manner provided by ORS
238.535 (1)(a), and the noncomplying judge member shall receive
only that recalculated amount thereafter. An inactive judge
member may be relieved of the pro tem service obligation imposed
by ORS 238.535 (1)(c) in the same manner as provided in ORS
238.535 for retired judge members.
(5) Withdrawal of the employee account balance under this
section cancels all membership rights in the system, including
the right to claim credit for any employment before withdrawal.
(6) ORS 238.105 and 238.115 (1) apply to a former judge member
who has withdrawn the employee account balance under this
section.
SECTION 2. { + 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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Enrolled House Bill 3366 (HB 3366-INTRO) Page 2
Passed by House May 3, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 30, 2001
...........................................................
President of Senate
Enrolled House Bill 3366 (HB 3366-INTRO) Page 3
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 3366 (HB 3366-INTRO) Page 4