72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
CCA to B-Eng. HB 3020
LC 3247/HB 3020-B23
CONFERENCE COMMITTEE AMENDMENTS TO
B-ENGROSSED HOUSE BILL 3020
July 22
Amended Summary
Provides rules for distribution of member account of member of
Public Employees Retirement System who dies before retiring.
Requires payment to personal representative or person filing
small estate affidavit if member has not designated
beneficiary. Provides that death benefits and other amounts under
system do not escheat to state.
Increases from $30 to $200 minimum amount that may be paid as
monthly payment to beneficiary of deceased member in lieu of lump
sum payment.
Allows Public Employees Retirement Board to charge public
employer for administration of account for lump sum payments.
Makes technical changes for implementation of chapters 67 and
68, Oregon Laws 2003 (Enrolled House Bills 2003 and 2004).
Delays requirement that one member of Oregon Investment Council
be member of Public Employees Retirement Board. Provides that
requirement becomes operative on October 1, 2007.
Directs Public Employees Retirement Board to review every two
years benefits provided by public employers for police officers
and firefighters through other than Public Employees Retirement
System.
Provides exceptions to limitations on employment of retired
members of Public Employees Retirement System.
Allows one-time transfer of amounts in Variable Annuity Account
to regular account of member under certain circumstances.
{ + Allows certain participating public employers to elect to
pay lower contribution rate for period commencing July 1, 2003.
Provides that election does not affect liability of employer for
benefits. + }
Declares emergency, effective on passage.
Speaker Minnis:
Your Conference Committee to whom was referred B-engrossed
House Bill 3020, having had the same under consideration,
respectfully reports it back with the recommendation that the
House concur in the Senate amendments dated July 2 and that the
bill be amended as follows and repassed.
On page 1 of the printed B-engrossed bill, line 2, after '
238.005,' insert '238.078,'.
In line 3, after '238.082,' insert '238.088,'.
In line 4, delete 'and 14b' and insert ', 14b and 37'.
On page 11, after line 30, insert:
' { + SECTION 8a. + } { + (1) For the purpose of the
contributions required under ORS 238.225 commencing July 1, 2003,
a participating public employer described in subsection (2) of
this section may elect to pay the rate approved for the employer
by the Public Employees Retirement Board on February 11, 2003, in
lieu of the employer contribution rate approved for the employer
by the board on June 30, 2003. An election under this section
must be in writing and must be received by the Public Employees
Retirement Board not later than 90 days after the effective date
of this 2003 Act.
' (2) The provisions of this section apply only to a
participating public employer that is not grouped with any other
public employer for the purposes of the computation required
under ORS 238.225.
' (3) An election under this section does not affect the
liability of a public employer for the benefits to be provided by
the contributions of the employer under ORS 238.225. This section
does not affect the ability of the board to change contribution
rates at any time after July 1, 2003, for an employer that makes
an election under this section based on an evaluation of the
employer's liabilities that is concluded after July 1, 2003.
' (4) A public employer making an election under this section
waives any right to challenge the employer contribution rate
approved by the board on February 11, 2003, and may not bring any
action in a court of this state to challenge that rate. + } ' .
On page 19, after line 4, insert:
' (7) The petition for review provided for in this section is
in addition to any other remedy or procedure that may be
available to determine whether the implementation of actuarial
equivalency factor tables under section 2 or 4, chapter 68,
Oregon Laws 2003 (Enrolled House Bill 2004), breaches any
contract between members of the Public Employees Retirement
System and their employers or violates any constitutional
provision.
' { + SECTION 17a. + } Section 37, chapter 67, Oregon Laws
2003 (Enrolled House Bill 2003), is amended to read:
' { + Sec. 37. + } (1) Jurisdiction is conferred on the
Supreme Court to determine in the manner provided by this section
whether the provisions of { - this 2003 Act - } { + chapter
67, Oregon Laws 2003 (Enrolled House Bill 2003), + } breach any
contract between members of the Public Employees Retirement
System and their employers or violate any constitutional
provision, including but not limited to impairment of contract
rights of members of the Public Employees Retirement System under
section 21, Article I of the Oregon Constitution, or clause 1,
section 10, Article I of the United States Constitution.
' (2) A person who is adversely affected by { - this 2003
Act - } { + chapter 67, Oregon Laws 2003 (Enrolled House Bill
2003), + } or who will be adversely affected by { - this 2003
Act - } { + chapter 67, Oregon Laws 2003 (Enrolled House Bill
2003), + } may institute a proceeding for review by filing with
the Supreme Court a petition that meets the following
requirements:
' (a) The petition must be filed within 60 days after the
effective date of { - this 2003 Act - } { + chapter 67,
Oregon Laws 2003 (Enrolled House Bill 2003) + }.
' (b) The petition must include the following:
' (A) A statement of the basis of the challenge; and
' (B) A statement and supporting affidavit showing how the
petitioner is adversely affected.
' (3) The petitioner shall serve a copy of the petition by
registered or certified mail upon the Public Employees Retirement
Board, the Attorney General and the Governor.
' (4) Proceedings for review under this section shall be given
priority over all other matters before the Supreme Court.
' (5) The Supreme Court shall allow public employers
participating in the Public Employees Retirement System to
intervene in any proceeding under this section.
' (6) In the event the Supreme Court determines that there are
factual issues in the petition, the Supreme Court may appoint a
special master to hear evidence and to prepare recommended
findings of fact.
' { + (7) The petition for review provided for in this
section is in addition to any other remedy or procedure that may
be available to determine whether the provisions of chapter 67,
Oregon Laws 2003 (Enrolled House Bill 2003), breach any contract
between members of the Public Employees Retirement System and
their employers or violate any constitutional provision. + } ' .
On page 30, after line 30, insert:
' { + SECTION 33a. + } ORS 238.078, as amended by section 10,
chapter 945, Oregon Laws 2001, is amended to read:
' 238.078. (1)(a) { - Any member of the system who is retired
at any time after having reached earliest service retirement age,
and - } { + A retired member + } who has been retired for more
than six consecutive calendar months { - , - } may be
reemployed by { - any - } { + a participating + } public
employer { - even though such retired member has been receiving
retirement benefits - } { + in the manner provided by this
subsection + }.
' (b) Any person reemployed as provided in this subsection
shall resume making contributions to the retirement fund, and the
employer shall make contributions on behalf of the person as
provided in ORS 238.225. Payments of retirement allowance
received by such person during separation from the service shall
not be repaid into the retirement fund after the person reenters
public employment except as provided in paragraph (c) of this
subsection; but the amount of such payment shall be deducted from
such employee's reserve in the retirement fund and the remainder
shall be credited pro rata to the funds from which it was
derived.
' (c) Upon reentering public employment as provided in this
subsection, the former retirement of such person and any election
of option for payment of retirement benefits theretofore made by
the person shall be canceled; and thereafter upon retiring such
person may elect any option for payment of retirement benefits
authorized by this chapter, except that a person who elected to
receive lump sum payment of benefits pursuant to ORS 238.305 (2)
or (3) at the time of former retirement may not elect any other
option at the time of subsequent retirement unless an amount
equal to the lump sum and the interest that would have
accumulated on the sum has been repaid by the employee to the
fund. Upon such subsequent retirement any prior service pension
due the employee shall be derived from the unused portion of the
prior service credit reserve and shall be calculated on the basis
of then attained age.
' (2) { - Any member of the system who is retired at any time
after having reached earliest service retirement age, and - }
{ + A retired member + } who has been retired for less than six
consecutive calendar months { - , - } may be reemployed by
{ - any - } { + a participating + } public employer { - even
though such retired member has been receiving retirement
benefits, - } only upon immediate repayment in a lump sum by the
member of the amount of retirement benefits drawn. The member
account of the member shall be reestablished just as it was at
the time of earlier retirement after the lump sum repayment is
made.
' (3) If a member of the system who retired before August 21,
1981, is reemployed, as provided in { + subsection (1) or (2)
of + } this section, beginning on or after August 21, 1981, the
service retirement allowance received upon subsequent retirement
by the member shall be:
' (a) For service before August 21, 1981, an allowance
including a current service pension computed on the basis of ORS
237.147 (2) (1979 Replacement Part).
' (b) For service on or after August 21, 1981, an allowance
including a current service pension computed on the basis of ORS
238.300 (2).
' { + (4) A person may be reemployed by a public employer
that is not participating in the system, or may be employed by a
participating public employer in a position that is in a class of
employees that was not designated by the public employer under
ORS 238.035 as a class of employees that become members of the
system, without affecting the person's status as a retired member
or the person's continued receipt of retirement benefits.
' (5) Subsection (4) of this section does not apply to any
member who retires under the provisions of ORS 238.280 (1). + } '
.
On page 31, after line 28, insert:
' { + SECTION 35a. + } ORS 238.088 is amended to read:
' 238.088. { + (1) + } { - No - } { + Except as provided
in subsection (2) of this section, a + } person who is elected to
a full-time salaried office of the state or one of the
participating political subdivisions thereof, or who is appointed
to a full-time salaried office having a term fixed by statute or
charter, whether or not the person has been retired,
{ - shall - } { + does not + } forfeit any rights accrued or
accruing to the person under this chapter. However, for the
period that such person holds such office the person
{ - shall - } { + is + } not { - be - } entitled to any
pension or annuity provided by this chapter. Upon ceasing to hold
such office, benefits shall be computed or recomputed { + by the
Public Employees Retirement Board + } on the basis of age then
attained.
' { + (2) If a person is elected or appointed to the office
of sheriff or county judge or commissioner in a county with a
population of fewer than 75,000 inhabitants, according to the
latest federal decennial census, and the person does not elect to
become an active member of the system under ORS 238.015 (6), the
person shall continue to be a retired member and to receive
retirement benefits for as long as the person holds the office.
' (3) Subsection (2) of this section does not apply to any
member who retires under the provisions of ORS 238.280 (1). + } '
.
/sTim Knopp
Representative
/sAlan Brown
Representative
/sJeff Barker
Representative
/sTony Corcoran
Senator
/sJohn Minnis
Senator
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