75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1896
Senate Bill 343
Sponsored by Senator ROSENBAUM (at the request of Oregon School
Employees Association)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Removes limit on number of hours retired member may work and
still qualify for retirement under Public Employees Retirement
System if retired member is employed by school district or
education service district as other than teacher or management
employee, or by community college as other than faculty member or
management employee. Applies to Oregon Public Service Retirement
Plan.
A BILL FOR AN ACT
Relating to public employee retirement; amending ORS 238.082 and
238A.245.
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 - } { + the + } employer is satisfied that
{ - such - } { + the + } 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 community college district located within a county
with a population of not more than 35,000 inhabitants according
to the latest federal decennial census, or is employed by an
education service district and the retired member's primary work
duties are performed in 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 under this subsection 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;
(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) 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.
{ + (8) The limitations on employment imposed by subsection
(2) of this section do not apply to a retired member who is
employed by a school district or an education service district as
other than a teacher, as defined in ORS 342.120, or management
employee, or by a community college as other than a faculty
member or management employee. A retired member who is employed
under this subsection 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. + }
{ - (8)(a) - } { + (9)(a) + } Except as provided in
paragraph (b) of this subsection, subsections (3) to
{ - (7) - } { + (8) + } of this section do not apply to any
member who retires under the provisions of ORS 238.280 (1), (2)
or (3).
(b) Subsection (3) of this section applies to a person who
retires under the provisions of ORS 238.280 (1) or (3) as long as
the person's date of retirement is more than six months before
the date the person is employed under subsection (3) of this
section.
{ - (9) - } { + (10) + } 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 238A.245 is amended to read:
238A.245. (1) Except as provided in { - subsection (3) of - }
this section, the Public Employees Retirement Board shall cease
making pension payments to a retired member of the pension
program who is reemployed by a participating public employer in a
qualifying position. A retired member of the pension program who
is employed in a qualifying position becomes an active member of
the pension program without serving the probationary period
provided for in ORS 238A.100.
(2) If a retired member of the pension program is reemployed
under the provisions of this section, any option chosen by the
member under ORS 238A.190 is canceled, and upon retiring
thereafter the member may elect any option provided for in ORS
238A.180 and 238A.190. The board shall recalculate the pension of
the member upon subsequent retirement.
(3) A retired member of the pension program who becomes a
member of the Legislative Assembly shall continue to receive the
pension elected by the member. A retired member of the pension
program who becomes a member of the Legislative Assembly may not
elect under ORS 237.650 to become an active member of the Oregon
Public Service Retirement Plan or a legislator member of the
state deferred compensation plan.
{ + (4) A retired member may be employed in a qualifying
position by a school district or an education service district as
other than a teacher or management employee, or by a community
college as other than a faculty member or management employee,
without loss of pension or limitation on the number of hours
employed. A retired member who is employed under this subsection
by the same participating public employer that employed the
member at the time of retirement remains in the same collective
bargaining unit that included the member before retirement.
(5) Subsection (4) of this section does not apply to any member
who retires under the provisions of ORS 238A.185. + }
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