Chapter 186 Oregon Laws 2009

AN ACT

SB 167

Relating to participation in self-pay groups for benefit plans administered by Public Employees’ Benefit Board; amending ORS 243.105 and 243.200.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 243.200 is amended to read:

          243.200. (1)(a) The Public Employees’ Benefit Board may allow self-pay groups to participate in benefit plans available to eligible state employees, if the group meets a minimum participation level equal to 75 percent of the persons in the group.

(b) Notwithstanding paragraph (a) of this subsection, the board may allow nurses or nurse educators who are employed less than half-time by a state agency or university and who are not otherwise eligible for a state contribution for benefits to participate in a self-pay group without any minimum participation level of persons in the group.

          (2) Nothing in subsection (1) of this section applies to:

          (a) Any person or group of persons similarly situated exempted by state or federal law from any minimum participation requirement; or

          (b) Any person or group of persons participating prior to January 1, 1992, in a benefit plan that was offered by the State Employes’ Benefit Board.

          (3) As used in subsection (1) of this section, “self-pay group” means a group of persons other than state employees for whom the state makes no contributions for benefit plans under ORS 243.105 to 243.285.

SECTION 2. 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, 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.

Approved by the Governor May 29, 2009

Filed in the office of Secretary of State May 29, 2009

Effective date January 1, 2010

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