74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2280
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Public Employees Retirement System)
CHAPTER ................
AN ACT
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.
Enrolled House Bill 2280 (HB 2280-B) Page 1
(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.
Enrolled House Bill 2280 (HB 2280-B) Page 2
(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.
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Passed by House May 10, 2007
Repassed by House June 6, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 4, 2007
...........................................................
President of Senate
Enrolled House Bill 2280 (HB 2280-B) 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 2280 (HB 2280-B) Page 4