Chapter 307
AN ACT
HB 2184
Relating to unclassified service positions in
the Department of Human Services; amending ORS 238.082 and 409.150; and
declaring an emergency.
Be It Enacted by the People of
the State of
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 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 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 a city with a 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;
(d) By the Black
(e) 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; or
(f) As a deputy director
or assistant director of the Department of Human Services, if the Governor
approves the exemption for the person from the limitations on employment imposed
in subsection (2) of this section.
(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) or (2).
(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. ORS 409.150 is amended to read:
409.150. The deputy
director and any assistant directors appointed under ORS 409.130 shall be
in the unclassified service of the state [and
shall receive such salaries as may be provided by law]. With the approval
of the Director of Human Services, each assistant director may appoint deputies
and [secretarial staff] principal
assistants as necessary to conduct the work of the department. Notwithstanding
ORS 240.205, deputies and principal assistants appointed by an assistant
director [who] shall be in the
unclassified service of the state and shall serve at the pleasure of the
director [and receive such salaries
as may be provided by law]. In addition to their salaries, they shall,
subject to the limitations otherwise provided by law, be reimbursed for all
expenses actually and necessarily incurred in the performance of official
duties.
SECTION 3. 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 June 7, 2007
Filed in the office of Secretary of State June 7, 2007
Effective date June 7, 2007
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