74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2184
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Human Services)
CHAPTER ................
AN ACT
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 Oregon:
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
Enrolled House Bill 2184 (HB 2184-A) Page 1
75,000 inhabitants, according to the latest federal decennial
census;
(d) By the Black Butte Ranch Rural Fire Protection District,
the Black Butte Ranch Service District or the Sunriver Service
District; { - or - }
(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. + }
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Enrolled House Bill 2184 (HB 2184-A) Page 2
Passed by House February 8, 2007
Repassed by House May 31, 2007
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Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 24, 2007
...........................................................
President of Senate
Enrolled House Bill 2184 (HB 2184-A) Page 3
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2184 (HB 2184-A) Page 4