70th OREGON LEGISLATIVE ASSEMBLY--1999 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 3409

                        Senate Bill 1133

Sponsored by Senator DERFLER; Senator BRYANT


                             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.

  Allows local government public employer who is participating in
Public Employees Retirement System to withdraw from system for
purposes of employees hired after effective date of withdrawal.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to public employee retirement; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 1999 Act is added to and made
a part of ORS chapter 238. + }
  SECTION 2.  { + (1) Notwithstanding any other provision of this
chapter, any participating public employer other than the state
may elect to withdraw from participation in the Public Employees
Retirement System in the manner provided by this section.
Withdrawal under this section may be made by a public employer
only for those employees of the public employer who are employed
after the effective date of this 1999 Act.
  (2) A participating public employer that wishes to withdraw
from the system under the provisions of this section must give a
written notice of intent to the Public Employees Retirement
Board.  The notice must be given at least six months before the
date on which the public employer wishes to withdraw from the
system.
  (3) A participating public employer that withdraws from the
system under the provisions of this section must elect to
withdraw for the purpose of all employees who are employed by the
public employer after the effective date of the withdrawal. Any
employee of the withdrawing employer who is employed after the
effective date of withdrawal does not become a member of the
system.
  (4) Subject to the requirements of this chapter, any member of
the system who is an employee of the public employer on the
effective date of withdrawal by a public employer under this
section shall continue to be a member for so long as the member
continues uninterrupted service with the public employer. Any
employee who is an employee of the withdrawing public employer on
the effective date of the withdrawal, and who is performing the
six-month period of employment required of an employee under ORS
238.015, shall become a member of the system upon completion of
the six-month period, and shall continue to be a member for so
long as the member continues uninterrupted service with the
public employer.
  (5) Withdrawal of a public employer from the system under this
section does not affect the right of a member to any benefit that
has accrued under the system as of the effective date of
withdrawal. Any employee or former employee of the withdrawing
employer who has creditable service with the withdrawing public
employer, and who is an active or inactive member of the system,
is entitled to all rights and benefits attributable to creditable
service with the withdrawing employer.
  (6) Any public employer that withdraws from the system under
the provisions of this section and that employs police officers
or firefighters must meet the requirements of ORS 237.620
(4). + }
  SECTION 3.  { + This 1999 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 1999 Act takes effect on its
passage. + }
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