74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
SA to A-Eng. SB 4
LC 2230/SB 4-A14
SENATE AMENDMENTS TO
A-ENGROSSED SENATE BILL 4
By JOINT COMMITTEE ON WAYS AND MEANS
June 22
On page 1 of the printed A-engrossed bill, line 2, after '
238.082' delete the rest of the line and insert 'and 243.105;'.
In line 3, delete '353.609 and 353.612;'.
Delete lines 8 through 20 and delete pages 2 through 6 and
insert:
' { + 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 Oregon Center
for Nursing may advise on education and workforce development
issues affecting nursing. The Oregon Healthcare Workforce
Institute may advise on education and workforce development
issues affecting doctors, dentists and other allied health
professionals. The Oregon Center for Nursing and the Oregon
Healthcare Workforce Institute may work together to develop
comprehensive solutions to the healthcare workforce shortages in
Oregon. + }
' { + 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 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.
' (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 Oregon Center for Nursing. + }
' { + 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. + } ' .
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