74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
SA to RC to A-Eng. HB 2285
 
LC 666/HB 2285-A2
 
            SENATE AMENDMENTS TO RESOLVE CONFLICTS TO
                   A-ENGROSSED HOUSE BILL 2285
 
                      By COMMITTEE ON RULES
 
                             June 18
 
  On page 1 of the printed A-engrossed bill, line 4, before the
period insert ', and section 2, chapter ___, Oregon Laws 2007
(Enrolled House Bill 2284)'.
  On page 3, after line 3, insert:
  '  { +  SECTION 1a. + }  { + If House Bill 2284 becomes law,
section 1 of this 2007 Act (amending ORS 238A.025) is repealed
and ORS 238A.025, as amended by section 1, chapter ___, Oregon
Laws 2007 (Enrolled House Bill 2284), is amended to read: + }
  ' 238A.025. (1) The Oregon Public Service Retirement Plan is
established. The purpose of the Oregon Public Service Retirement
Plan is to provide career public employees with a secure and fair
retirement income at an affordable, stable and predictable cost
to the taxpayers. The Oregon Public Service Retirement Plan is
composed of a pension program and an individual account program.
The pension program and the individual account program are
separate accounts for purposes of federal income tax
qualification, and the assets of each program must be held as
part of the trust established by ORS 238.660 for the exclusive
benefit of the participants and beneficiaries. It is the intent
of the Legislative Assembly that pursuant to section 414(k) of
the Internal Revenue Code the individual account program be
established and maintained as a tax-qualified defined
contribution governmental plan for the purposes of sections 72(d)
and 415 of the Internal Revenue Code. The Public Employees
Retirement Board may create separate accounts within the Public
Employees Retirement Fund for the pension program and the
individual account program.
  ' (2) Notwithstanding any provision of ORS chapter 238, any
person who is employed by a participating public employer on or
after August 29, 2003, and who has not established membership in
the Public Employees Retirement System before August 29, 2003, is
entitled to receive only the benefits provided under the Oregon
Public Service Retirement Plan for periods of service with
participating public employers on and after August 29, 2003, and
has no right or claim to any benefit under ORS chapter 238 except
as specifically provided by this chapter.
  ' (3)  { - (a) - }  Any person who is   { - an active - }  { +
a + } member of the Public Employees Retirement System on August
28, 2003, is entitled to receive the benefits provided by ORS
chapter 238 for all service performed before, on and after August
29, 2003 { + , unless the person's membership in the system is
subsequently terminated under ORS 238.095 + }  { - , unless the
person has a break in service on or after August 29, 2003 - } .
If the   { - person has a break in service - }  { +  person's
membership in the system is terminated under ORS 238.095 + } on
or after August 29, 2003, the person is entitled to receive
 { - the benefits provided by ORS chapter 238 for all creditable
service performed before the break in service, and - }  the
benefits provided under the Oregon Public Service Retirement Plan
for periods of service with participating public employers after
the   { - break in service - }  { +  termination of
membership + }.
  '  { - (b) Except as provided in this subsection, a person has
a break in service for the purposes of this subsection if the
person performs no service with a participating public employer
in a qualifying position for a period of six consecutive
months. - }
  '  { - (c) If a person leaves employment with a participating
public employer for purposes that would qualify the person for
family leave under ORS 659A.150 to 659A.186, the person has a
break in service for the purposes of this subsection only if the
person performs no service with a participating public employer
in a qualifying position for a period of 12 consecutive months
after leaving employment with the participating public
employer. - }
  '  { - (d) If a person leaves employment with a participating
public employer for career development purposes pursuant to
written authorization of the participating public employer under
a written policy of the employer that applies generally to the
class of employees to which the member belongs, the person has a
break in service for the purposes of this subsection only if the
person performs no service with a participating public employer
in a qualifying position for a period of 12 consecutive months
after leaving employment with the participating public
employer. - }
  '  { - (e) A person does not have a break in service for the
purposes of this subsection by reason of any period of time
during which the person leaves employment with a participating
public employer for the purpose of serving as a member of the
Legislative Assembly during a legislative session. - }
  '  { - (f) A person does not have a break in service for the
purposes of this subsection by reason of any period of time
during which the person is absent from employment with a
participating public employer and receives a disability
retirement allowance under ORS 238.320. - }
  '  { - (g) A person does not have a break in service for the
purposes of this subsection by reason of any period of time
during which the person leaves employment with a participating
public employer based on the seasonal nature of the person's
employment as long as the person returns to employment with the
public employer before the expiration of 12 full calendar
months. - }
  '  { - (h) A person does not have a break in service for the
purposes of this subsection by reason of any period of time
during which the person is absent from service with a
participating public employer by reason of a disciplinary action
or other administrative action if: - }
  '  { - (A) The person challenges the disciplinary action or
other administrative action; - }
  '  { - (B) A judgment, an administrative order, a settlement or
other resolution of the challenge provides for the reinstatement
of the person with the public employer; and - }
  '  { - (C) The person either accepts reinstatement with the
public employer, or is employed by a different public employer,
within one year after the judgment, order, settlement or other
resolution becomes effective. - }
  ' (4) A person establishes membership in the system before
August 29, 2003, for the purposes of this section if:
  ' (a) The person is a member of the system, or a judge member
of the system, on August 28, 2003; or
  ' (b) The person performed any period of service for a
participating public employer before August 29, 2003, that is
credited to the six-month period of employment required of an
employee under ORS 238.015 before an employee may become a member
of the system.
 
  ' (5) Except as provided in this chapter, ORS chapter 238 does
not apply to the Oregon Public Service Retirement Plan.
  ' (6) The provisions of this section do not apply to a person
elected or appointed as a judge as defined in ORS 238.500.
  '  { +  SECTION 1b. + }  { + If House Bill 2284 becomes law,
section 2, chapter ___, Oregon Laws 2007 (Enrolled House Bill
2284), is repealed. + } ' .
  On page 6, after line 41, insert:
  '  { +  SECTION 6a. + } If House Bill 2284 becomes law, section
6 of this 2007 Act is amended to read:
  '  { +  Sec. 6. + } (1) The amendments to ORS 238A.025,
238A.165, 238A.305 and 243.800 and section 46b, chapter 733,
Oregon Laws 2003, by sections   { - 1 - }  { +  1a + }, 2, 3, 4
and 5 of this 2007 Act, and the repeal of ORS 238.180 and
238A.157 and section 2a, chapter 733, Oregon Laws 2003, by
section 7 of this 2007 Act, apply to all service by members of
the Public Employees Retirement System, whether performed before,
on or after August 29, 2003.
  ' (2) As soon as possible after the effective date of this 2007
Act, the Public Employees Retirement Board shall recalculate the
benefits of any person who retired before the effective date of
this 2007 Act if the benefits of the person were affected by the
application of ORS 238A.025, as in effect immediately before the
effective date of this 2007 Act.
  ' (3) As soon as possible after the effective date of this 2007
Act, the Public Employees Retirement Board shall adjust the
service credit of any active or inactive member who was affected
by the application of ORS 238A.025, as in effect immediately
before the effective date of this 2007 Act.
  ' (4) As soon as possible after the effective date of this 2007
Act, the Public Employees Retirement Board shall adjust
contributions and account balances of the individual accounts
described in ORS 238A.350 for any active or inactive member who
was affected by the application of ORS 238A.025, as in effect
immediately before the effective date of this 2007 Act. The board
may refund contributions, or require additional contributions,
for adjustments to account balances made under this subsection.'.
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