72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1307
 
                         House Bill 2421
 
Sponsored by Representative BACKLUND; Representatives BROWN,
  DOYLE, T SMITH, WILLIAMS, ZAUNER
 
 
                             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 public employer participating in Public Employees
Retirement System to employ retired member of system for period
not to exceed five years without limitation on number of hours
worked by retired member in calendar year. Requires that retired
member contribute six percent of salary for deposit to employer
reserves. Prohibits employer contributions for retired members so
employed. Limits number of retired members that may be employed
to 10 percent of all employees of public employer.
 
                        A BILL FOR AN ACT
Relating to public employee retirement.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2003 Act is added to and made
a part of ORS chapter 238. + }
  SECTION 2.  { + (1) The limitations on employment of retired
members imposed by ORS 238.082 (2) do not apply to any retired
member employed by a participating public employer under the
provisions of this section. A participating public employer may
not employ a retired member under the provisions of this section
if the member retired under the provisions of ORS 238.280 (1).
  (2) A participating public employer may employ a retired member
of the Public Employees Retirement System under the provisions of
this section for a period not to exceed five years.
  (3) A retired member of the system employed by a participating
public employer under the provisions of this section must make
the employee contribution required by ORS 238.200, and the
employer may not 'pick-up,' assume or pay the employee
contribution under ORS 238.205. Notwithstanding ORS 238.250, the
Public Employees Retirement Board may not maintain a regular
account for a retired member employed under the provisions of
this section, and all contributions made by the retired member
shall be credited to the participating public employer.
  (4) A participating public employer may not make employer
contributions under ORS 238.225 for a retired member employed
under the provisions of this section.
  (5) A retired member of the system who is employed under the
provisions of this section is not appointed under ORS 240.309.
Except as provided in ORS 243.666, the retired member must be
part of any labor organization for other employees in the same
position. Except as provided in subsection (6) of this section,
the retired member is eligible for all benefits and subject to
all obligations of any collective bargaining agreement that
applies to the position. The retired member is eligible for
insurance benefits to the same degree as other employees in
similar positions.
  (6) A retired member employed under the provisions of this
section has the status of a temporary employee under a contract
of one year or less that may be renewed for up to five years.
Notwithstanding any collective bargaining agreement, ORS 240.235
or any other statute governing the salaries of public employees,
a retired member employed under the provisions of this section
may receive only the lowest salary rate for the position's
classification and may not receive any salary increase during the
period of employment.
  (7) A participating public employer may not employ more than 10
percent of all employees of the public employer under the
provisions of this section.
  (8) This section does not affect the ability of a participating
public employer to employ a retired member under the provisions
of ORS 238.082.
  (9) Employment under this section 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.  { + A public employer may not employ a retired
member under section 2 of this 2003 Act if the retired member
would be subject to a collective bargaining agreement that was
entered into before the effective date of this 2003 Act. + }
                         ----------