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 3767

                        Senate Bill 1134

Sponsored by Senator DERFLER; Senator BRYANT (at the request of
  Joint PERS Task Force)


                             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 city or county that 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 city or county 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 city or county only for those employees of the
city or county who are employed after the effective date of this
1999 Act.
  (2) A city or county 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
city or county wishes to withdraw from the system.
  (3) A city or county 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 city or county 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 city or county on the
effective date of withdrawal by a city or county under this
section shall continue to be a member for so long as the member
continues uninterrupted service with the city or county. Any
employee who is an employee of the withdrawing city or county 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 city
or county.
  (5) Withdrawal of a city or county 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 city or county
who has creditable service with the withdrawing city or county,
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 city or county.
  (6) Any city or county 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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