Chapter 776
AN ACT
HB 2619
Relating to public employee retirement;
creating new provisions; amending ORS 238.092 and 238.095; and declaring an
emergency.
Be It Enacted by the People of
the State of
SECTION 1. Section 2 of this 2007 Act is added to and
made a part of ORS chapter 238.
SECTION 2. (1) A member of the Public Employees
Retirement System who is a police officer is entitled to receive retirement
credit as provided in subsection (2) of this section if:
(a) The member was
employed as a public safety officer by another state, or political subdivision
of another state, before being employed in a position that entitled the member
to credit in the system; and
(b) The member makes the
payment required by subsection (2) of this section within the time specified by
that subsection.
(2) Except as provided
in subsection (3) of this section, a member of the system employed as a police
officer who meets the requirements of subsection (1) of this section is
entitled to receive retirement credit for the period of the member’s service
with another state, or political subdivision of another state, not to exceed a
maximum of four years, if the member within 90 days of
the member’s effective date of retirement:
(a) Applies in writing
to the Public Employees Retirement Board for such retirement credit;
(b) Provides written
verification to the board from the other state, or political subdivision of the
other state, that employed the member, verifying the period of time that the
member served as a public safety officer in the other state; and
(c) Pays to the board,
in a lump sum, for each year of retirement credit applied for under this
section, an amount determined by the board to represent the full cost to the
system of providing the retirement credit to the member, including all
administrative costs incurred by the system in processing the application for
acquisition of the retirement credit.
(3) A member may not
receive retirement credit under the provisions of this section for any period
of service with another state, or political subdivision of another state, if
the member is entitled to a pension or retirement allowance by reason of that
service under a public plan or system offered by the other state or by a
political subdivision of the other state.
(4) For the purposes of
this section, “public safety officer” means a person who serves in a position
with another state, or political subdivision of another state, that is the
other state’s equivalent of a position described in ORS 238.005 (16).
SECTION 3. Section 2 of this 2007 Act applies only to
members of the Public Employees Retirement System whose effective date of
retirement is on or after the effective date of this 2007 Act.
SECTION 4. ORS 238.092 is amended to read:
238.092. (1) Notwithstanding any other provision of this chapter:
(a) A retired member of
the system who has retired as other than a member of the Legislative Assembly
and who thereafter becomes a member of the Legislative Assembly and elects to
become an active member of the system as a member of the Legislative Assembly
may also elect, by giving the board written notice of desire to do so, to
receive the pension and annuity provided by this chapter for service as other
than a member of the Legislative Assembly, and be an active member of the
system as a member of the Legislative Assembly for the period the member holds
office as a member of the Legislative Assembly. The notice provided for in this
paragraph shall be given within 30 days after the retired member takes office
as a member of the Legislative Assembly.
(b) A member of the
Legislative Assembly who is a member of the system as a member of the
Legislative Assembly and who becomes eligible to retire by reason of service as
other than a member of the Legislative Assembly, without regard to when that
service was performed, may elect, by giving the board written notice of desire
to do so, to retire and receive the pension and annuity provided by this
chapter for service as other than a member of the Legislative Assembly, and to
continue, for the period the member holds office as a member of the Legislative
Assembly, as an active member of the system as a member of the Legislative
Assembly.
(c) Upon receipt of the
notice provided for in paragraphs (a) and (b) of this subsection, the board
shall determine that portion of the accumulated contributions, if any, of the
member and interest thereon attributable to service as other than a member of
the Legislative Assembly, which shall be used in determining the amount of the
annuity the member shall receive for that service. The portion of the
accumulated contributions, if any, of the member and interest thereon
attributable to service as a member of the Legislative Assembly shall remain in
the member account of the member and, together with any subsequent
contributions and interest thereon, be used in determining the amount of the
additional annuity the member shall receive for that service upon ceasing to
hold office as a member of the Legislative Assembly. If the member does not
have a member account, the board shall determine the member’s retirement
allowance for nonlegislative service based on the number of years of
nonlegislative service, and shall determine any additional benefit to be
received after the member ceases to hold office as a member of the Legislative
Assembly based on the number of years of service in the Legislative Assembly.
[(2) Notwithstanding any other provision of this chapter, a person who
has reached the age of 65 years, whether or not previously employed by a public
employer and whether or not a retired member of the system, may be employed by
the Legislative Assembly, either house thereof or the Oregon State Police for
all or any part of a regular or special session of the Legislative Assembly. A
person employed under this subsection:]
[(a) Unless an active member of the system
continuing in employment past the age of 65 years, does not accrue any
retirement benefits, and contributions may not be made by or on behalf of the
person.]
[(b) If a retired member of the system, is entitled, during the period
of such employment, to any pension or annuity provided by this chapter.]
(2) If a retired
member of the system is employed by the Legislative Assembly, or by the Oregon
State Police, for the purpose of service during a regular or special session of
the Legislative Assembly, the hours worked during the session shall not be
counted for the purpose of the limitations on employment imposed by ORS 238.082
(2).
SECTION 5. ORS 238.095 is amended to read:
238.095. (1) An employee
shall cease to be a member of the Public Employees Retirement System if the
employee withdraws the member account, if any, of the member in the manner
provided by ORS 238.265.
(2) Except as provided
in subsection (3) of this section, an inactive member ceases to be a member of
the system if the member is not vested and is inactive for a period of five
consecutive years.
(3) A school district
employee does not cease to be a member of the system under subsection (2) of this
section if:
(a) After completing a
school year, the member is inactive for the next following five school years;
and
(b) The member either is
reemployed by a school district in a qualifying position at the beginning of
the sixth school year, or reaches earliest service retirement age before the
beginning of the sixth school year.
(4) Interest shall not
accrue on the amount in the member account of the former member from the date
that membership is terminated under subsection (2) of this section. Upon
request by the former member, the Public Employees Retirement Board shall pay
the amount in a member account to a former member upon the termination of the
membership of the former member under subsection (2) of this section if the
former member is separated from all service with employers who are treated as
part of a participating public employer’s controlled group under the federal
laws and rules governing the status of the system and the Public Employees
Retirement Fund as a qualified governmental retirement plan and trust. The
board may deduct, from the amount paid to a former member under this
subsection, all reasonable costs incurred by the system in locating the member.
(5) If the membership
of a person in the system is terminated under subsection (2) of this section,
and the person subsequently becomes an active member of the system, any amounts
that were not paid to the person under subsection (4) of this section shall be
credited with net earnings and losses. Crediting under this subsection commences
upon the person becoming an active member of the system and continues as long
as the person remains an active member.
SECTION 6. (1) Except as provided in subsection (2) of
this section, the amendments to ORS 238.095 by section 5 of this 2007 Act apply
to all persons who resume active membership in the Public Employees Retirement
System, whether that resumption occurs before, on or after the effective date
of this 2007 Act.
(2) Crediting under ORS
238.095 (5) shall be made by the Public Employees Retirement Board only for
periods of active membership served on or after the effective date of this 2007
Act.
SECTION 7. 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 July 16, 2007
Filed in the office of Secretary of State July 17, 2007
Effective date July 16, 2007
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