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 2662
 
                           A-Engrossed
 
                         Senate Bill 901
                 Ordered by the Senate April 24
           Including Senate Amendments dated April 24
 
Sponsored by COMMITTEE ON EDUCATION AND GENERAL GOVERNMENT
 
 
                             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.
 
    { - Allows district, other than community college district,
to offer district's benefit plan if district's plan is less
costly to district than benefit plan offered by Oregon Educators
Benefit Board. - }
    { - Requires analysis by independent actuary. - }
   { +  Allows certain education districts to provide employee
benefit plan other than plan provided by Oregon Educators Benefit
Board if premiums of plan are same as or less than premiums of
board's plan and plan is comparable to board's plan.
  Requires board to perform actuarial analysis. + }
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to benefit plans for education district employees;
  amending ORS 243.886; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 243.886 is amended to read:
  243.886. (1) Except as provided in   { - subsection (2) - }
 { + subsections (2) and (3) + } of this section:
  (a) A district may not provide or contract for a benefit plan
unless the benefit plan is provided and administered by the
Oregon Educators Benefit Board under ORS 243.860 to 243.886; and
  (b) Eligible employees of a district may participate only in
benefit plans provided and administered by the board.
  (2)(a) Except for community college districts, a district that
was self-insured before January 1, 2007, or a district that had
an independent health insurance trust established and functioning
before January 1, 2007, may provide or contract for benefit plans
other than benefit plans provided and administered by the board
if the premiums for the benefit plans provided or contracted for
by the district are equal to or less than the premiums for
comparable benefit plans provided and administered by the board.
  (b) A community college district may provide or contract for
benefit plans other than benefit plans provided and administered
by the board.
  (c) In accordance with procedures adopted by the board to
extend benefit plan coverage under ORS 243.864 to 243.874 to
eligible employees of a self-insured district, a district with an
independent health insurance trust or a community college
district, these districts may choose to offer benefit plans that
are provided and administered by the board. Once employees of a
district participate in benefit plans provided and administered
by the board, the district may not thereafter provide or contract
for benefit plans other than those provided and administered by
the board.
   { +  (3)(a) A district that has not offered benefit plans
provided and administered by the board before the effective date
of this 2009 Act may provide or contract for benefit plans other
than benefit plans provided and administered by the board if the
premiums for the benefit plans provided or contracted for by the
district are equal to or less than the premiums for comparable
benefit plans provided and administered by the board. Once
employees of a district or an employee group within a district
participates in benefit plans provided and administered by the
board, the district may not thereafter provide or contract for
benefit plans for those employees or employee groups other than
those provided and administered by the board.
  (b) To maintain the exception created in this subsection, the
board must perform an actuarial analysis of the district at least
once every two years. If requested by the district or a labor
organization representing eligible employees of the district, the
board shall perform the actuarial analysis annually.
  (c) As used in this subsection, 'district' does not include a
community college district. + }
    { - (3) - }  { +  (4) + } Nothing in ORS 243.860 to 243.886
may be construed to expand or contract collective bargaining
rights or collective bargaining obligations.
  SECTION 2.  { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
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