71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2728
 
                         Senate Bill 487
 
Sponsored by COMMITTEE ON BUSINESS, LABOR, AND ECONOMIC
  DEVELOPMENT (at the request of Senator Roger Beyer)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Allows employment of retired members of Public Employees
Retirement System for all or part of legislative session without
loss of retirement benefits.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to public employee retirement; amending ORS 238.092; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 238.092 is amended to read:
  238.092. (1) Notwithstanding any other provision of this
chapter:
  (a) A retired member of the system who has retired as other
than a member of the Legislative Assembly and who thereafter
becomes a member of the Legislative Assembly and elects to become
an active member of the system as a member of the Legislative
Assembly may also elect, by giving the board written notice of
desire to do so, to receive the pension and annuity provided by
this chapter for service as other than a member of the
Legislative Assembly, and be an active member of the system as a
member of the Legislative Assembly for the period the member
holds office as a member of the Legislative Assembly. The notice
provided for in this paragraph shall be given within 30 days
after the retired member takes office as a member of the
Legislative Assembly.
  (b) A member of the Legislative Assembly who is a member of the
system as a member of the Legislative Assembly and who becomes
eligible to retire by reason of service as other than a member of
the Legislative Assembly, without regard to when that service was
performed, may elect, by giving the board written notice of
desire to do so, to retire and receive the pension and annuity
provided by this chapter for service as other than a member of
the Legislative Assembly, and to continue, for the period the
member holds office as a member of the Legislative Assembly, as
an active member of the system as a member of the Legislative
Assembly.
  (c) Upon receipt of the notice provided for in paragraphs (a)
and (b) of this subsection, the board shall determine that
portion of the accumulated contributions of the member and
interest thereon attributable to service as other than a member
of the Legislative Assembly, which shall be used in determining
the amount of the annuity the member shall receive for that
service.  The portion of the accumulated contributions of the
member and interest thereon attributable to service as a member
of the Legislative Assembly shall remain in the individual
account of the member and, together with subsequent contributions
and interest thereon, be used in determining the amount of the
additional annuity the member shall receive for that service upon
ceasing to hold office as a member of the Legislative Assembly.
    { - (2) Notwithstanding any other provision of this chapter,
a person who has reached the age of 65 years, whether or not
previously employed by a public employer and whether or not a
retired member of the system, may be employed by the Legislative
Assembly, either house thereof or the Oregon State Police for all
or any part of a regular or special session of the Legislative
Assembly. A person employed under this subsection: - }
    { - (a) Unless an active member of the system continuing in
employment past the age of 65 years, Shall not be permitted to
make contributions to the retirement fund, nor shall the employer
make contributions on behalf of the person. - }
    { - (b) If a retired member of the system, is entitled,
during the period of such employment, to any pension or annuity
provided by this chapter. - }
   { +  (2) Notwithstanding ORS 238.082, a retired member of the
system may be employed by the Legislative Assembly, by either
house of the Legislative Assembly, by any committee of the
Legislative Assembly or by the Oregon State Police for all or any
part of a regular or special session of the Legislative Assembly
without affecting the status of the person as a retired member of
the system and a recipient of retirement benefits under this
chapter. + }
  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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