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 1369
A-Engrossed
Senate Bill 325
Ordered by the Senate April 22
Including Senate Amendments dated April 22
Sponsored by Senator NELSON (at the request of Kenneth Matlack)
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.
Removes limit on number of hours retired member may work and
still qualify for retirement under Public Employees Retirement
System if retired member is employed by sheriff of county with
population of fewer than 75,000 inhabitants, by municipal police
department of city with population of fewer than 15,000
inhabitants, by state or county for work in correctional
institution located in county with population of fewer than
75,000 inhabitants { + , + } { - or - } by Oregon State Police
for work in county with population of fewer than 75,000
inhabitants { + or by road assessment district or to temporarily
replace employee who is in National Guard or Armed Forces
reserves and is called to active duty + }.
{ + Exempts community college district president or interim
president from limit on number of hours member may work and still
qualify for retirement under Public Employees Retirement System.
Sunsets January 1, 2007. + }
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to public employee retirement; creating new provisions;
amending ORS 238.082; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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 - } { + may + } 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.
{ + (4) The limitations on employment imposed by subsection
(2) of this section do not apply to a retired member who is
employed:
(a) By the sheriff of a county with a population of fewer than
75,000 inhabitants, according to the latest federal decennial
census;
(b) By the municipal police department of city with population
of fewer than 15,000 inhabitants, according to the latest federal
decennial census;
(c) By the state or a county for work in a correctional
institution located in a county with a population of fewer than
75,000 inhabitants, according to the latest federal decennial
census; or
(d) By the Oregon State Police for work in a county with a
population of fewer than 75,000 inhabitants, according to the
latest federal decennial census.
(5) The limitations on employment imposed by subsection (2) of
this section do not apply to a retired member who is employed to
temporarily replace an employee who serves in the National Guard
or in a reserve component of the Armed Forces of the United
States and who is called to federal active duty.
(6) The limitations on employment imposed by subsection (2) of
this section do not apply to a retired member who is employed by
a road assessment district organized under ORS 371.405 to
371.535.
(7) Subsections (3) to (6) of this section do not apply to any
member who retires under the provisions of ORS 238.280 (1). + }
{ - (4) - } { + (8) + } 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 2. { + The amendments to ORS 238.082 by section 1 of
this 2003 Act apply to all retired members employed by public
employers, without regard to whether employment commenced before,
on or after the effective date of this 2003 Act. + }
SECTION 3. { + Section 4 of this 2003 Act is added to and made
a part of ORS chapter 238. + }
SECTION 4. { + The limitations on employment imposed by ORS
238.082 (2) do not apply to a retired member who is employed by a
community college district as a president or interim
president. + }
SECTION 5. { + Section 4 of this 2003 Act is repealed January
1, 2007. + }
SECTION 6. { + This 2003 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2003 Act takes effect on its
passage. + }
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