Chapter 789
AN ACT
SB 4
Relating to nursing; creating new provisions;
amending ORS 238.082 and 243.105; appropriating money; and declaring an
emergency.
Be It Enacted by the People of
the State of
SECTION 1. There is declared a nursing workforce and
nursing faculty shortage in
SECTION 2. The Oregon Center for Nursing and the Oregon
Healthcare Workforce Institute may serve in advisory capacities to the State
Workforce Investment Board, the Joint Boards of Education and other related
entities. The
SECTION 3. ORS 243.105 is amended to read:
243.105. As used in ORS
243.105 to 243.285, 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) Comparable benefits
for employees who rely on spiritual means of healing; and
(c) Self-insurance
programs managed by the Public Employees’ Benefit Board.
(2) “Board” means the
Public Employees’ Benefit Board.
(3) “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 guarantor of benefit plan coverage and compensation.
(4)(a) “Eligible
employee” means an officer or employee of a state agency who elects to
participate in one of the group benefit plans described in ORS 243.135. The
term includes state officers and employees in the exempt, unclassified and
classified service, and state officers and employees, whether or not retired,
who:
(A) Are receiving a
service retirement allowance, a disability retirement allowance or a pension
under the Public Employees Retirement System or are 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 State of
Oregon for its officers and employees;
(B) Are eligible to
receive a service retirement allowance under the Public Employees Retirement
System and have reached earliest retirement age under ORS chapter 238;
(C) Are eligible to
receive a pension under ORS 238A.100 to 238A.245, and have reached earliest
retirement age as described in ORS 238A.165; or
(D) Are eligible to
receive a service retirement allowance or pension under another retirement
benefit plan or system offered by the State of Oregon and have attained
earliest retirement age under the plan or system.
(b) “Eligible employee”
does not include individuals:
(A) Engaged as
independent contractors;
(B) Whose periods of
employment in emergency work are on an intermittent or irregular basis;
(C) Who are employed on
less than half-time basis unless the individuals are employed in positions
classified as job-sharing positions [or],
unless the individuals are defined as eligible under rules of the board or
unless the individuals are employed as nurses or nursing educators;
(D) Appointed under ORS
240.309;
(E) Provided sheltered
employment or make-work by the state in an employment or industries program
maintained for the benefit of such individuals; or
(F) Provided student
health care services in conjunction with their enrollment as students at the
state institutions of higher education.
(5) “Family member”
means an eligible employee’s spouse and any unmarried child or stepchild within
age limits and other conditions imposed by the 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 employees of a state agency.
(7) “Premium” means the
monthly or other periodic charge for a benefit plan.
(8) “State agency” means
every state officer, board, commission, department or other activity of state
government.
SECTION 4. 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.
(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) The limitations
on employment imposed by subsection (2) of this section do not apply to a
retired member who is a nurse and is employed by a public employer as a nurse
or for the purpose of teaching nursing during the period in which a nursing
workforce shortage declared by the Legislative Assembly or the Governor is in
effect.
[(7)] (8) Subsections (3) to [(6)] (7) of this section do not apply to any member who
retires under the provisions of ORS 238.280 (1) or (2).
[(8)] (9) 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 5. In addition to and not in lieu of any other
appropriation, there is appropriated to the Oregon Department of Administrative
Services, for the biennium beginning July 1, 2007, out of the General Fund, the
amount of $800,000 for distribution to the
SECTION 6. 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 July 1, 2007.
Approved by the Governor July 17, 2007
Filed in the office of Secretary of State July 19, 2007
Effective date July 17, 2007
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