Chapter 7
AN ACT
SB 426
Relating to benefit plans for education district employees; creating
new provisions; amending ORS 279A.025; appropriating money; limiting
expenditures; and declaring an emergency.
Be It Enacted by the People of the
State of
SECTION 1. As
used in sections 1 to 14 of this 2007 Act, unless the context requires
otherwise:
(1) “Benefit plan”
includes but is not limited to:
(a) Contracts for
insurance or other benefits, including medical, dental, vision, life,
disability and other health care recognized by state law, and related services
and supplies;
(b) Self-insurance
programs managed by the
(c) Comparable benefits
for employees who rely on spiritual means of healing.
(2) “Carrier” means an
insurance company or health care service contractor holding a valid certificate
of authority from the Director of the Department of Consumer and Business
Services, or two or more companies or contractors acting together pursuant to a
joint venture, partnership or other joint means of operation, or a
board-approved provider or guarantor of benefit plan coverage and compensation.
(3) “District” means a
common school district, a union high school district, an education service
district, as defined in ORS 334.003, or a community college district, as
defined in ORS 341.005.
(4)(a) “Eligible
employee” includes:
(A) An officer or
employee of a district who elects to participate in one of the benefit plans
described in sections 3 to 8 of this 2007 Act; and
(B) An officer or
employee of a district, whether or not retired, who:
(i) Is receiving a
service retirement allowance, a disability retirement allowance or a pension
under the Public Employees Retirement System or is receiving a service
retirement allowance, a disability retirement allowance or a pension under any
other retirement or disability benefit plan or system offered by the district
for its officers and employees;
(ii) Is eligible to
receive a service retirement allowance under the Public Employees Retirement
System and has reached earliest service retirement age under ORS chapter 238;
(iii) Is eligible to
receive a pension under ORS 238A.100 to 238A.245 and has reached earliest
retirement age as described in ORS 238A.165; or
(iv) Is eligible to
receive a service retirement allowance or pension under any other retirement
benefit plan or system offered by the district and has attained earliest
retirement age under the plan or system.
(b) Except as provided
in paragraph (a)(B) of this subsection, “eligible employee” does not include an
individual:
(A) Engaged as an
independent contractor;
(B) Whose periods of
employment in emergency work are on an intermittent or irregular basis; or
(C) Who is employed on
less than a half-time basis unless the individual is employed in a position
classified as a job-sharing position or unless the individual is defined as
eligible under rules of the
(5) “Family member” means
an eligible employee’s spouse or domestic partner and any unmarried child or
stepchild of an eligible employee within age limits and other conditions
imposed by the Oregon Educators Benefit Board with regard to unmarried children
or stepchildren.
(6) “Payroll disbursing
officer” means the officer or official authorized to disburse moneys in payment
of salaries and wages of officers and employees of a district.
(7) “Premium” means the
monthly or other periodic charge, including administrative fees of the
SECTION 2. (1)
There is established in the Oregon Department of Administrative Services an
(a) Two members
representing district boards;
(b) Two members
representing district management;
(c) Two members
representing nonmanagement district employees from the largest labor
organization representing district employees;
(d) One member
representing nonmanagement district employees from the second largest labor
organization representing district employees;
(e) One member
representing nonmanagement district employees who are not represented by labor
organizations described in paragraphs (c) and (d) of this subsection; and
(f) Two members with
expertise in health policy or risk management.
(2) The term of office
of each member is four years, but a member serves at the pleasure of the
Governor. Before the expiration of the term of a member, the Governor shall appoint
a successor to take office upon the date of that expiration. A member is
eligible for reappointment. If there is a vacancy for any cause, the Governor
shall make an appointment to become immediately effective for the unexpired
term.
(3) A member of the
board is not entitled to compensation, but may be reimbursed from funds
available to the board for actual and necessary travel and other expenses
incurred by the member in the performance of the member’s official duties in
the manner and amount provided in ORS 292.495.
(4) The board shall
select one of its members as chairperson and another as vice chairperson, for
such terms and with duties and powers necessary for the performance of the
functions of such offices as the board determines.
(5) A majority of the
members of the board constitutes a quorum for the transaction of business.
(6) The board shall meet
at times and places specified by the call of the chairperson or of a majority
of the members of the board.
(7) Appointments of
members to the board by the Governor are subject to confirmation by the Senate
in the manner prescribed in ORS 171.562 and 171.565.
SECTION 3. (1)
The
(a) Shall adopt rules
for the conduct of its business; and
(b) May adopt rules not
inconsistent with sections 1 to 14 of this 2007 Act to determine the terms and
conditions of eligible employee participation in and coverage under benefit
plans.
(2) The board shall
study all matters connected with the provision of adequate benefit plan coverage
for eligible employees on the best basis possible with regard to the welfare of
the employees and affordability for the districts. The board shall design
benefits, prepare specifications, analyze carrier responses to advertisements
for bids and award contracts. Contracts shall be signed by the chairperson on
behalf of the board.
(3) In carrying out its
duties under subsections (1) and (2) of this section, the goal of the board is
to provide high-quality health, dental and other benefit plans for eligible
employees at a cost affordable to the districts, the employees and the
taxpayers of
(4) The board shall
prepare specifications, invite bids and take actions necessary to award
contracts for health and dental benefit plan coverage of eligible employees in
accordance with the criteria set forth in section 4 (1) of this 2007 Act. The
Public Contracting Code does not apply to contracts for benefit plans provided
under sections 1 to 14 of this 2007 Act. The board may not exclude from
competition to contract for a benefit plan an
(5) The board may retain
consultants, brokers or other advisory personnel when necessary and shall
employ such personnel as are required to perform the functions of the board.
SECTION 4. (1)
The
(a) Employee choice
among high-quality plans;
(b) Encouragement of a
competitive marketplace;
(c) Plan performance and
information;
(d) District flexibility
in plan design and contracting;
(e) Quality customer
service;
(f) Creativity and
innovation;
(g) Plan benefits as
part of total employee compensation; and
(h) Improvement of
employee health.
(2) The board may
approve more than one carrier for each type of benefit plan offered, but the
board shall limit the number of carriers to a number consistent with adequate
service to eligible employees and family members.
(3) When appropriate,
the board shall provide options under which an eligible employee may arrange
coverage for family members under a benefit plan.
(4) A district shall
provide that payroll deductions for benefit plan costs that are not payable by
the district may be made upon receipt of a signed authorization from the
employee indicating an election to participate in the benefit plan or plans
selected and allowing the deduction of those costs from the employee’s pay.
(5) In developing any
benefit plan, the board may provide an option of additional coverage for
eligible employees and family members at an additional premium.
(6) The board shall
adopt rules providing that transfer of enrollment from one benefit plan to
another is open to all eligible employees and family members. Because of the
special problems that may arise involving acceptable physician-patient
relations between a particular panel of physicians and a particular eligible
employee or family member under a comprehensive group practice benefit plan,
the board shall provide a procedure under which any eligible employee may apply
at any time to substitute another benefit plan for participation in a
comprehensive group practice benefit plan.
(7) An eligible employee
who is retired is not required to participate in a health benefit plan offered
under this section in order to obtain dental benefit plan coverage. The board
shall establish by rule standards of eligibility for retired employees to
participate in a dental benefit plan.
SECTION 5. (1)
In addition to contracting for health and dental benefit plans, the Oregon
Educators Benefit Board may contract with carriers to provide other benefit
plans including, but not limited to, insurance or other benefits based on life,
supplemental medical, supplemental dental, supplemental vision, accidental
death or disability insurance plans.
(2) The premium for each
eligible employee for coverage under a benefit plan other than a health or
dental benefit plan described in subsection (1) of this section shall be the
total cost per month of the coverage afforded the employee under the plan for
which the employee exercises an option, including the cost of enrollment of the
eligible employee and administrative expenses for the plan.
(3) The board may
withdraw approval of any additional benefit plan in the same manner as it
withdraws approval of a health or dental benefit plan as described and
authorized by section 10 of this 2007 Act.
(4) If the board does
not contract for a benefit plan described in subsection (1) of this section, a
district may contract for the benefit plan on behalf of any district employees.
The administrative expenses of the plan shall be paid in accordance with the
district’s negotiated agreement with the employees. Benefit plans entered into
by a district are subject to approval by the board before they become
operative. The board may withdraw approval of any such benefit plan in the same
manner as it withdraws approval of a benefit plan under section 10 of this 2007
Act.
SECTION 6. (1)
The
(2) Participation of
eligible employees in any long term care benefit plan made available by the
board is voluntary and is subject to reasonable underwriting guidelines and
eligibility rules established by the board.
(3) Unless otherwise
agreed to by the employer, the eligible employee is responsible for the payment
of the long term care benefit plan premium developed by the board.
SECTION 7. (1)
The
(2) The board, in
consultation with the Public Employees Retirement System, shall develop long
term care benefit plan specifications, eligibility rules, underwriting
guidelines and consumer educational materials.
(3) The board’s
educational materials for eligible employees shall provide information on the
potential need for long term care, methods of financing long term care and the
availability of long term care benefit plans offered by the board.
SECTION 8. (1)
In addition to the powers and duties otherwise provided by law to provide
benefit plans for eligible employees, the Oregon Educators Benefit Board may
provide and administer flexible benefit plans under which eligible employees
may choose among taxable and nontaxable benefits as provided in the federal
Internal Revenue Code.
(2) In providing
flexible benefit plans, the board may offer:
(a) Health or dental
benefits as described in sections 3 and 4 of this 2007 Act.
(b) Other insurance
benefits as described in section 5 of this 2007 Act.
(c) Any other benefit
that may be excluded from an employee’s gross income under the federal Internal
Revenue Code.
(d) Any part or all of
the district contribution for employee benefits in cash to the employee.
(3) In developing
flexible benefit plans, the board shall design the plans on the best basis
possible with regard to the welfare of the employees and affordability for the
districts.
(4) The board may pay
some or all of the cost of administering flexible benefit plans from funds
authorized to pay general administrative expenses incurred by the board.
(5) The board shall
adopt rules as the board considers necessary for the establishment and
administration of flexible benefit plans.
(6) The board may
contract with private organizations for administration of flexible benefit
plans in accordance with rules adopted under subsection (5) of this section.
SECTION 9. (1)
Upon receipt of a request in writing from an eligible employee, the payroll
disbursing officer may deduct from the salary or wages of the employee an
amount of money indicated in the request for payment of the amount set forth in
benefit plans selected by the employee for the employee and family members.
(2) Amounts deducted
under subsection (1) of this section shall be paid over promptly:
(a) To the Oregon
Educators Benefit Board, the carriers or the persons responsible for payment of
premiums to carriers in accordance with the terms of contracts for benefit
plans; or
(b) With respect to
self-insurance benefits, in accordance with rules and procedures adopted by the
board.
(3) The payroll
disbursing officer shall submit reports to the board regarding claims
experience and benefit plan coverage for eligible employees as the board
considers desirable.
SECTION 10. (1)
The
(2) Upon providing
specific notice in writing to the carrier, the affected labor organization or
organizations, the districts, the Oregon Department of Administrative Services
and the affected eligible employees, and after affording opportunity for a
public hearing on the issues that may be involved, the board may enter an order
withdrawing approval of a benefit plan. Thirty days after entry of the order,
the board shall terminate all withholding authorizations of eligible employees
and terminate all board-approved participation in the plan.
(3) The board by order
may terminate the participation of a district in a benefit plan if, within
three months, the district fails to perform an action required by sections 1 to
14 of this 2007 Act or by board rule.
SECTION 11. (1)
There is created the
(2) Subject to section
12 of this 2007 Act, an amount not to exceed two percent of the monthly
employer and employee contributions for benefit plans available under sections
1 to 14 of this 2007 Act shall be deposited in the account.
SECTION 12. Subject
to legislative budgetary authorization for operation of the Oregon Educators
Benefit Board and the board’s administration of benefit plans and other duties
under sections 1 to 14 of this 2007 Act, an amount not to exceed two percent of
the monthly employer and employee contributions for benefit plans shall be
forwarded by each participating district to the board and deposited by the
board in the State Treasury to the credit of the Oregon Educators Benefit
Account to meet the board’s administrative and other costs authorized by
sections 1 to 14 of this 2007 Act. The board shall ensure that the balance in
the account does not exceed five percent of the monthly total of employer and
employee contributions for more than 120 days.
SECTION 13. (1)
There is created the
(2) The following moneys
shall be paid into the
(a) All unused employer
contributions for benefit plans;
(b) All refunds,
dividends, unused premiums and other payments attributable to an employee
contribution or employer contribution made from a carrier that has provided
benefit plans administered by the board; and
(c) All interest earned
on the moneys in the fund.
SECTION 14. (1)
Except as provided in subsection (2) of this section:
(a) A district may not
provide or contract for a benefit plan unless the benefit plan is provided and
administered by the Oregon Educators Benefit Board under sections 1 to 14 of
this 2007 Act; and
(b) Eligible employees
of a district may participate only in benefit plans provided and administered
by the board.
(2)(a) Except for
community college districts, a district that was self-insured before January 1,
2007, or a district that had an independent health insurance trust established
and functioning before January 1, 2007, may provide or contract for benefit
plans other than benefit plans provided and administered by the board if the
premiums for the benefit plans provided or contracted for by the district are
equal to or less than the premiums for comparable benefit plans provided and
administered by the board.
(b) A community college
district may provide or contract for benefit plans other than benefit plans
provided and administered by the board.
(c) In accordance with
procedures adopted by the board to extend benefit plan coverage under sections
3 to 8 of this 2007 Act to eligible employees of a self-insured district, a
district with an independent health insurance trust or a community college
district, these districts may choose to offer benefit plans that are provided
and administered by the board. Once employees of a district participate in
benefit plans provided and administered by the board, the district may not
thereafter provide or contract for benefit plans other than those provided and
administered by the board.
(3) Nothing in sections
1 to 14 of this 2007 Act may be construed to expand or contract collective
bargaining rights or collective bargaining obligations.
SECTION 15. As
used in sections 16 and 17 of this 2007 Act, “benefit plan,” “carrier,” “district,”
“eligible employee” and “premium” have the meanings given those terms in
section 1 of this 2007 Act.
SECTION 16. Notwithstanding
section 14 of this 2007 Act:
(1) Before October 1,
2008, a district is not required to offer benefit plans that are provided and
administered by the
(2) Except as provided
in subsections (3) to (6) of this section, on and after October 1, 2008:
(a) A district may not
offer a benefit plan unless the benefit plan is provided and administered by
the board; and
(b) Eligible employees
of a district may participate in benefit plans provided and administered by the
board.
(3)(a) If a collective
bargaining agreement exists between a district and employees of the district
and the agreement expires after July 1, 2008, subsection (2) of this section
does not apply to the district or employees of the district. However:
(A) If the collective
bargaining agreement expires before October 1, 2010, section 14 of this 2007
Act first applies to the district and employees of the district upon the
expiration of the agreement, except as provided in subsection (4) of this
section; and
(B) In any case, on and
after October 1, 2010, section 14 of this 2007 Act applies to the district and
employees of the district.
(b) If no collective
bargaining agreement exists between a district and employees of the district,
and if a contract exists between the district and a carrier and the contract
expires after October 1, 2008, subsection (2) of this section does not apply to
the district or employees of the district. However:
(A) If the contract
expires before October 1, 2010, section 14 of this 2007 Act first applies to
the district and employees of the district upon the expiration of the contract,
except as provided in subsection (4) of this section; and
(B) In any case, on and
after October 1, 2010, section 14 of this 2007 Act applies to the district and
employees of the district.
(4) A district that was
self-insured before January 1, 2007, or a district that had an independent
health insurance trust established and functioning before January 1, 2007, may
provide or contract for benefit plans other than benefit plans provided and
administered by the board. However:
(a) Until October 1,
2010, the benefit plans provided or contracted for by the self-insured district
or the district with an independent health insurance trust are not required to
meet the condition provided in section 14 (2)(a) of this 2007 Act.
(b) On and after October
1, 2010, the benefit plans provided or contracted for by the self-insured
district or the district with an independent health insurance trust must meet
the condition provided in section 14 (2)(a) of this 2007 Act.
(c) This subsection does
not apply to a community college district.
(5) A community college
district may provide or contract for benefit plans other than benefit plans
provided and administered by the board.
(6) In accordance with
procedures adopted by the board to extend benefit plan coverage under sections
3 to 8 of this 2007 Act to eligible employees of a self-insured district, a
district with an independent health insurance trust or a community college district,
these districts may choose to offer benefit plans that are provided and
administered by the board. Once employees of a district participate in benefit
plans provided and administered by the board, the district may not thereafter
provide or contract for benefit plans other than those provided and
administered by the board.
SECTION 17. (1)
Before October 1, 2008, the Oregon Educators Benefit Board shall enter into
contracts for health benefit plan and dental benefit plan coverage of eligible
employees in accordance with section 3 (4) of this 2007 Act and the criteria
set forth in section 4 (1) of this 2007 Act.
(2) The board shall
offer a range of benefit plan designs sufficient to ensure that, when benefit
plans are first provided by the board to a district, the district and district
employees can choose benefit plans that are comparable in design to, and are
not more expensive than the comparable costs of, the benefit plans the district
provided immediately before the purchase of the benefit plans provided by the
board. The board shall determine premiums for benefit plans based on the
benefit plan designs and the aggregated experience of all districts
participating in the benefit plans.
SECTION 18. Notwithstanding
the term of office specified in section 2 of this 2007 Act, of the members
first appointed to the
(1) Two shall serve for
terms ending July 1, 2008.
(2) Three shall serve
for terms ending July 1, 2009.
(3) Two shall serve for
terms ending July 1, 2010.
(4) Three shall serve
for terms ending July 1, 2011.
SECTION 19.
ORS 279A.025 is amended to read:
279A.025. (1) Except as
provided in subsections (2) to (4) of this section, the Public Contracting Code
applies to all public contracting.
(2) The Public Contracting
Code does not apply to:
(a) Contracts between
contracting agencies or between contracting agencies and the federal
government;
(b) Insurance and
service contracts as provided for under ORS 414.115, 414.125, 414.135 and
414.145 for purposes of source selection;
(c) Grants;
(d) Contracts for
professional or expert witnesses or consultants to provide services or
testimony relating to existing or potential litigation or legal matters in
which a public body is or may become interested;
(e) Acquisitions or
disposals of real property or interest in real property;
(f) Sole-source
expenditures when rates are set by law or ordinance for purposes of source
selection;
(g) Contracts for the
procurement or distribution of textbooks;
(h) Procurements by a contracting
agency from an Oregon Corrections Enterprises program;
(i) The procurement,
transportation or distribution of distilled liquor, as defined in ORS 471.001,
or the appointment of agents under ORS 471.750 by the Oregon Liquor Control
Commission;
(j) Contracts entered
into under ORS chapter 180 between the Attorney General and private counsel or
special legal assistants;
(k) Contracts for the
sale of timber from lands owned or managed by the State Board of Forestry and
the State Forestry Department;
(L) Contracts for forest
protection or forest related activities, as described in ORS 477.406, by the
State Forester or the State Board of Forestry;
(m) Sponsorship
agreements entered into by the State Parks and Recreation Director in
accordance with ORS 565.080 (4);
(n) Contracts entered
into by the Housing and Community Services Department in exercising the
department’s duties prescribed in ORS chapters 456 and 458, except that the
department’s public contracting for goods and services, as defined in ORS
279B.005, is subject to ORS chapter 279B;
(o) Contracts entered
into by the State Treasurer in exercising the powers of that office prescribed
in ORS chapters 178, 286, 287, 288, 289, 293, 294 and 295, including but not
limited to investment contracts and agreements, banking services, clearing
house services and collateralization agreements, bond documents, certificates
of participation and other debt repayment agreements, and any associated
contracts, agreements and documents, regardless of whether the obligations that
the contracts, agreements or documents establish are general, special or
limited, except that the State Treasurer’s public contracting for goods and
services, as defined in ORS 279B.005, is subject to ORS chapter 279B;
(p) Contracts,
agreements or other documents entered into, issued or established in connection
with:
(A) The incurring of
debt by a public body, including but not limited to the issuance of bonds,
certificates of participation and other debt repayment obligations, and any
associated contracts, agreements or other documents, regardless of whether the
obligations that the contracts, agreements or other documents establish are
general, special or limited;
(B) The making of
program loans and similar extensions or advances of funds, aid or assistance by
a public body to a public or private body for the purpose of carrying out,
promoting or sustaining activities or programs authorized by law; or
(C) The investment of
funds by a public body as authorized by law, and other financial transactions
of a public body that by their character cannot practically be established
under the competitive contractor selection procedures of ORS 279B.050 to
279B.085;
(q) Contracts for
employee benefit plans as provided in ORS 243.105 (1), 243.125 (4), 243.221,
243.275, 243.291, 243.303 and 243.565; [or]
(r) Contracts for
employee benefit plans as provided in sections 1 to 14 of this 2007 Act; or
[(r)] (s) Any other public contracting of a public body
specifically exempted from the code by another provision of law.
(3) The Public
Contracting Code does not apply to the public contracting activities of:
(a) The
(b) The Oregon
University System and member institutions, except as provided in ORS 351.086;
(c) The legislative
department;
(d) The judicial
department;
(e) Semi-independent
state agencies listed in ORS 182.451 and 182.454, except as provided in ORS
279.835 to 279.855 and 279A.250 to 279A.290;
(f)
(g) The
(h) The Travel
Information Council, except as provided in ORS 279A.250 to 279A.290;
(i) The
(j) The
(k) Any other public
body specifically exempted from the code by another provision of law.
(4) ORS 279A.200 to
279A.225 and 279B.050 to 279B.085 do not apply to contracts made with qualified
nonprofit agencies providing employment opportunities for disabled individuals
under ORS 279.835 to 279.855.
SECTION 20. (1)
There is created the Task Force on Educator Health Benefits consisting of six
members appointed as follows:
(a) The President of the
Senate shall appoint one member from among members of the Senate.
(b) The Speaker of the
House of Representatives shall appoint one member from among members of the
House of Representatives.
(c) The Governor shall
appoint four members as follows:
(A) One member who is a
nonmanagement district employee and who is in a labor organization representing
district employees;
(B) Two members who are
not eligible to participate in a benefit plan provided under sections 1 to 14
of this 2007 Act and who have expertise in health insurance or in employee
benefit plan design or administration; and
(C) One member who is a
district management employee.
(2) The task force shall
review the benefit plans provided through the Oregon Educators Benefit Board,
analyze the benefits provided by and the administration of the benefit plans
and determine whether the enactment of sections 1 to 14 of this 2007 Act has
resulted in cost savings to the state.
(3) A majority of the
members of the task force constitutes a quorum for the transaction of business.
(4) Official action by
the task force requires the approval of a majority of the members of the task
force.
(5) The task force shall
elect one of its members to serve as chairperson.
(6) If there is a
vacancy for any cause, the appointing authority shall make an appointment to
become immediately effective.
(7) The task force shall
meet at times and places specified by the call of the chairperson or of a
majority of the members of the task force.
(8) The task force may
adopt rules necessary for the operation of the task force.
(9) The task force shall
submit a report, and may include recommendations for legislation, to an interim
committee related to education or public employment, as appropriate, no later
than October 1, 2012.
(10) The task force shall
use the services of permanent legislative staff to the greatest extent
practicable.
(11) Members of the task
force who are not members of the Legislative Assembly are not entitled to
compensation, but may be reimbursed for actual and necessary travel and other
expenses incurred by them in the performance of their official duties in the
manner and amounts provided for in ORS 292.495. Claims for expenses incurred in
performing functions of the task force shall be paid out of funds appropriated
to the Legislative Assembly for that purpose.
(12) All agencies of
state government, as defined in ORS 174.111, are directed to assist the task
force in the performance of its duties and, to the extent permitted by laws
relating to confidentiality, to furnish such information and advice as the
members of the task force consider necessary to perform their duties.
(13) The Legislative
Administrator may accept, on behalf of the task force, contributions of moneys
and assistance from the United States Government or its agencies or from any
other source, public or private, and agree to conditions placed on the moneys
not inconsistent with the duties of the task force.
(14) All moneys received
by the Legislative Administrator under subsection (13) of this section shall be
paid into the State Treasury and deposited in the General Fund to the credit of
the task force. The moneys are continuously appropriated to the task force for
the purposes of carrying out the duties of the task force.
(15) As used in this
section, “district” has the meaning given that term in section 1 of this 2007
Act.
SECTION 21. Section
20 of this 2007 Act becomes operative on July 1, 2011.
SECTION 22. Section
20 of this 2007 Act is repealed on the date of the convening of the regular
legislative session of the Seventy-seventh Legislative Assembly.
SECTION 23. Notwithstanding
any other provisions of law, in addition to the amounts appropriated by section
1 (1), chapter 789, Oregon Laws 2005, to the Department of Education,
Operations, for the biennium ending June 30, 2007, as modified by Emergency
Board action, there is appropriated out of the General Fund the amount of
$136,847 for the purposes of establishing the Oregon Educators Benefit Board.
SECTION 24. Notwithstanding
any other law limiting expenditures of the Oregon Department of Administrative
Services for the payment of expenses from fees, moneys or other revenues,
including Miscellaneous Receipts, but excluding lottery funds and federal
funds, for the biennium ending June 30, 2007, the limitation on expenditures
for the Oregon Department of Administrative Services established by section 2
(3), chapter 601, Oregon Laws 2005, as modified by Emergency Board action, is
increased by $184,524 for purposes of establishing the Oregon Educators Benefit
Board.
SECTION 25. (1)
In addition to and not in lieu of any other appropriation, there is
appropriated to the Department of Education, for the biennium beginning July 1,
2007, out of the General Fund, the amount of $4,996,081, which may be expended
for the costs of the
(2) When the board
determines that moneys in sufficient amount are available from revenues
received pursuant to sections 11 and 12 of this 2007 Act, but in no event later
than June 30, 2011, the board shall reimburse the General Fund, without
interest, in an amount equal to the amount appropriated from the General Fund
under subsection (1) of this section. The moneys used to reimburse the General
Fund under this subsection may not be considered as a budget item on which a
limitation is otherwise fixed by law, but shall be in addition to any specific
biennial appropriation or amount authorized to be expended from continually
appropriated moneys for any biennial period.
SECTION 26. (1)
Notwithstanding any other law limiting expenditures, the amount of $5,496,280
is established for the biennium beginning July 1, 2007, as the maximum limit
for payment of expenses from fees, moneys or other revenues, including
Miscellaneous Receipts, but excluding lottery funds and federal funds,
collected or received by the Oregon Department of Administrative Services for
the purposes of the Oregon Educators Benefit Board.
(2) When the Oregon
Educators Benefit Board determines that moneys in sufficient amount are
available from revenues received pursuant to sections 11 and 12 of this 2007
Act, but in no event later than June 30, 2011, the board shall reimburse the
Oregon Department of Administrative Services, Public Employees’ Benefit Board,
without interest, in an amount equal to the amount expended by the Public
Employees’ Benefit Board to oversee the implementation of sections 1 to 14, 16
and 17 of this 2007 Act.
SECTION 27. Between
the effective date of this 2007 Act and October 1, 2010, the Public Employees’
Benefit Board administrator shall, in cooperation with the
SECTION 28. This
2007 Act being necessary for the immediate preservation of the public peace, health
and safety, an emergency is declared to exist, and this 2007 Act takes effect
on its passage.
Approved by the Governor March 21, 2007
Filed in the office of Secretary of State March 21, 2007
Effective date March 21, 2007
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