Chapter 622 Oregon Laws 2007
AN ACT
HB 2280
Relating to public employee retirement; creating new provisions; and
amending ORS 237.620, 237.635 and 237.637.
Be It Enacted by the People of
the State of Oregon:
SECTION 1.
ORS 237.620 is amended to read:
237.620. [(1) On or before July 1, 1973, all public
employers of police officers and firefighters who are not participants in the
Public Employees Retirement System shall become participants in the system with
respect to the police officers and firefighters employed by them.]
[(2) All police officers and firefighters in the employ of the public
employer on the date the public employer becomes a participant in the system
under subsection (1) of this section shall establish membership under the
six-month service requirement of ORS 238.015.]
[(3) The participation of the public employer in the system under this
section shall apply to services of its employee police officers and
firefighters on and after the effective date of the public employer’s
participation in the system. The public employer also shall provide a prior
service pension for its police officers and firefighters, within the
limitations of ORS 238.225 (2) (1999 Edition), for continuous service to the
public employer for a period not exceeding 20 years before the effective date
of the public employer’s participation in the system.]
[(4) Notwithstanding subsections (1) and (2) of this section, if a
public employer provides retirement benefits to its police officers and
firefighters that are equal to or better than the benefits that would be
provided to them under the system, as determined at the expense of the public
employer by the Public Employees Retirement Board, the public employer is not
required to participate in the system with respect to its police officers and
firefighters. Once every two years the Public Employees Retirement Board shall
review the benefits provided by a public employer that provides retirement
benefits to its police officers and firefighters other than through the Public
Employees Retirement System to determine whether the public employer complies
with the requirements of this subsection.]
(1) Except as
provided in this section, all public employers of police officers or
firefighters shall provide retirement benefits to those employees under the
Public Employees Retirement System.
(2) Notwithstanding
subsection (1) of this section, a public employer of police officers or
firefighters need not provide retirement benefits to those employees under the
Public Employees Retirement System if the Public Employees Retirement Board
determines that the public employer provides retirement benefits to each of the
following classes of employees that are equal to or better than the retirement
benefits that would be provided to the equivalent classes of employees under
the Public Employees Retirement System:
(a) Police officers or
firefighters who are entitled to receive benefits only under ORS chapter 238
and who established membership in the system before January 1, 1996, as
described in ORS 238.430 (2);
(b) Police officers or
firefighters who are entitled to receive benefits only under ORS chapter 238
and who established membership in the system on or after January 1, 1996, and
before August 29, 2003, as described in ORS 238A.025 (4); and
(c) Police officers or
firefighters who establish membership in the system on or after August 29,
2003, and are entitled to benefits only under the Oregon Public Service
Retirement Plan.
(3) At such times as may
be established by board rule, the Public Employees Retirement Board shall
review the retirement benefits provided by a public employer of police officers
or firefighters that does not provide retirement benefits for those employees
under the Public Employees Retirement System. The review must be conducted at
the expense of the public employer. Based on the review, the board shall
determine whether the public employer complies with the requirements of
subsection (2) of this section. If the board determines that the public
employer does not comply with the requirements of subsection (2) of this
section for any class of employees described in subsection (2) of this section,
the public employer must provide that class of employees with retirement
benefits adequate to meet the requirements of subsection (2) of this section.
If the public employer fails to provide those benefits, any employee within the
class may bring an action in circuit court to compel compliance with the
requirements of this section.
SECTION 2. The
amendments to ORS 237.620 by section 1 of this 2007 Act do not affect the
obligation of a public employer to provide a prior service pension for police
officers and firefighters as required by ORS 237.620 (3), as in effect
immediately before the effective date of this 2007 Act.
SECTION 3.
ORS 237.635 is amended to read:
237.635. (1) Any public
employer that provides retirement benefits to its police officers and
firefighters other than by participation in the Public Employees Retirement
System pursuant to the provisions of ORS 237.620 [(4)] shall provide increases to the police officers and
firefighters of the public employer, both active and retired, that are equal to
the increases in retirement benefits that are provided for in this 1991 Act for
active and retired police officers or firefighters who are members of the
Public Employees Retirement System, or shall provide to those police officers
and firefighters increases in retirement benefits that are the actuarial
equivalent of the increases in retirement benefits that are provided for in
this 1991 Act for police officers or firefighters who are members of the Public
Employees Retirement System. No other retirement benefit or other benefit
provided by those public employers shall be decreased by the employer by reason
of the increases mandated by this section.
(2) The increased
benefits provided for in this section apply only to police officers or
firefighters who establish membership before July 14, 1995, in a retirement
plan or system offered by a public employer in lieu of membership in the Public
Employees Retirement System pursuant to the provisions of ORS 237.620 [(4)].
SECTION 4.
ORS 237.637 is amended to read:
237.637. Any public
employer that provides retirement benefits to its police officers and
firefighters other than by participation in the Public Employees Retirement
System pursuant to the provisions of ORS 237.620 [(4)] shall provide increases to the police officers and
firefighters of the public employer, both active and retired, that are equal to
the increases in retirement benefits that are provided for in chapter 569,
Oregon Laws 1995, for active and retired police officers or firefighters who
are members of the Public Employees Retirement System, or the public employer
shall provide to those police officers and firefighters increases in retirement
benefits that are the actuarial equivalent of the increases in retirement
benefits that are provided for in chapter 569, Oregon Laws 1995, for police
officers or firefighters who are members of the Public Employees Retirement
System. Increases provided under this section shall be reduced by the amount of
any benefit increase provided by ORS 237.635 in the same manner that increases
in retirement benefits that are provided for in chapter 569, Oregon Laws 1995,
for active and retired police officers or firefighters who are members of the
Public Employees Retirement System are reduced to reflect amounts paid to those
members under the provisions of chapter 796, Oregon Laws 1991. No other
retirement benefit or other benefit provided by those public employers shall be
decreased by the employer by reason of the increases mandated by this section.
Approved by the Governor June 26, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date January 1, 2008
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