Chapter 237 — Public
Employee Retirement Generally
2011 EDITION
PUBLIC EMPLOYEE RETIREMENT GENERALLY
PUBLIC OFFICERS AND EMPLOYEES
MUNICIPAL RETIREMENT SYSTEMS
237.350 Definitions
for ORS 237.350 to 237.380
237.355 Establishment
of retirement system
237.360 Features
of retirement plan
237.365 Contribution
to fund by city
237.370 Collection
of contribution from employees
237.375 Limitations
on payments and contributions
237.380 Revenues
from which city may make payments to fund
COVERAGE OF EMPLOYEES UNDER FEDERAL
SOCIAL SECURITY ACT
237.410 Definitions
for ORS 237.420 to 237.515
237.411 Construction
of ORS 237.412 to 237.418 as supplemental to ORS 237.420 to 237.515
237.412 Declaration
of policy regarding federal Social Security protection for employees of state
and political subdivisions
237.414 Extension
of federal Social Security benefits to employees of state and certain political
subdivisions
237.418 Authority
of interstate agencies to extend federal Social Security benefits to their employees
237.420 Agreements
to extend federal Social Security coverage to employees of public agencies not
covered by ORS 237.414
237.430 Public
agencies to be included in the agreement
237.440 Application
by political subdivision for inclusion
237.450 Starting
date for contributions
237.460 Withholding
and remitting of employees’ contributions
237.465 Employees
required to contribute
237.470 Retirement
board to promulgate regulations
237.480 Procedure
against employer failing to comply with regulations
237.490 Deposit
investment and payment of funds
237.500 Administrative
expenses
237.510 Collection
of delinquent contributions
237.515 Exclusion
of contributions from biennial budget
PAYMENT OF PUBLIC PENSION TO ALTERNATE
PAYEE AFTER MARITAL DISSOLUTION, ANNULMENT OR SEPARATION
237.600 Payment
to alternate payee; provisions of judgment, order or settlement; administrative
expenses
COVERAGE FOR POLICE OFFICERS AND
FIREFIGHTERS
237.610 Definitions
for ORS 237.610 and 237.620
237.620 Membership
of police officers and firefighters in Public Employees Retirement System
237.635 Mandated
increase in benefits payable under systems other than Public Employees
Retirement System; limitation
237.637 Additional
mandated increase in benefits payable under systems other than Public Employees
Retirement System
LEGISLATOR RETIREMENT PLANS
237.650 Retirement
plan election
237.655 Legislator
members of state deferred compensation plan
LIQUIDATION OF PRE-1953 RETIREMENT
SYSTEM
237.950 Pre-1953
Public Employees Retirement System abolished
237.952 Public
Employees Retirement Board; rules
237.956 Director
and staff
237.960 Transfer
of assets and administration of retirement fund
237.964 Collection
of accrued liabilities
237.968 Continuation
of retirement benefits of certain members
237.972 Continuation
of abolished system with regard to certain members
237.976 Disposition
of contributions made under abolished system
237.980 Rights
and moneys exempt from taxation, execution and bankruptcy and are unassignable
237.001 [1953
c.200 §1; renumbered 238.750 in 1995]
237.002
[Repealed by 1953 c.180 §18]
237.003 [1953
c.200 §2; 1955 c.131 §3; 1957 c.630 §5; 1959 c.333 §1; 1961 c.430 §1; 1963
c.608 §11; 1967 c.160 §1; 1967 c.622 §1; 1969 c.240 §1; 1971 c.738 §1; 1973
c.19 §1; 1974 s.s. c.28 §3; 1975 c.289 §1; 1977 c.425
§1; 1979 c.446 §2; 1979 c.656 §5; 1979 c.741 §1; 1981 c.479 §2; 1981 c.760 §1;
1983 c.740 §59; 1983 c.830 §1; 1985 c.118 §13; 1985 c.302 §10; 1985 c.565 §37;
1985 c.823 §1; 1987 c.320 §147; 1987 c.617 §1; 1987 c.898 §13; 1989 c.606 §1;
1989 c.614 §1; 1989 c.888 §1; 1990 c.4 §1; 1990 c.5 §1; 1991 c.675 §5; 1993
c.33 §320; 1993 c.118 §1; 1993 c.177 §1; 1993 c.185 §23; 1993 c.623 §5; 1993
c.766 §7; 1995 c.162 §63; 1995 c.203 §1; 1995 c.291 §2; 1995 c.654 §4;
renumbered 238.005 in 1995]
237.004
[Repealed by 1953 c.180 §18]
237.005 [1953
c.200 §3; renumbered 238.600 in 1995]
237.006
[Repealed by 1953 c.180 §18]
237.007 [1989
c.906 §9; see note following]
Note:
Chapter 906, Oregon Laws 1989 [enacting 237.007 and amending 237.201 and
237.233], was referred by the electors to the November 1990 General Election,
at which it was defeated.
237.008
[Repealed by 1953 c.180 §18]
237.010
[Repealed by 1953 c.180 §18]
237.011 [1953
c.200 §8; 1955 c.131 §4; 1961 c.331 §1; 1963 c.608 §12; 1967 c.622 §2; 1969
c.435 §1; 1971 c.270 §1; 1975 c.744 §1; 1979 c.861 §1; 1983 c.830 §3; 1987
c.617 §2; 1987 c.898 §14; 1989 c.799 §1; 1991 c.149 §5; 1993 c.177 §2; 1995
c.162 §64; renumbered 238.015 in 1995]
237.012 [Repealed
by 1953 c.180 §18]
237.013 [1959
c.559 §8; 1969 c.332 §16; 1991 c.815 §4; 1995 c.658 §95; renumbered 238.045 in
1995]
237.014
[Repealed by 1953 c.180 §18]
237.015 [1969
c.54 §1; repealed by 1989 c.888 §3 and 1991 c.776 §3]
237.016
[Repealed by 1953 c.180 §18]
237.017 [1969
c.458 §2; 1977 c.860 §1; 1981 c.772 §2; 1987 c.617 §3; 1991 c.813 §14;
subsection (1) renumbered 238.355 in 1995; subsection (2) renumbered 238.230 in
1995; subsection (3) renumbered 238.074 in 1995]
237.018
[Repealed by 1953 c.180 §18]
237.019 [1969
c.92 §2; renumbered 238.072 in 1995]
237.020
[Repealed by 1953 c.180 §18]
237.021 [1969
c.435 §2; renumbered 238.170 in 1995]
237.022
[Repealed by 1953 c.180 §18]
237.024
[Repealed by 1953 c.180 §18]
237.025 [1957
c.630 §2; renumbered 238.062 in 1995]
237.026
[Repealed by 1953 c.180 §18]
237.027 [1963
c.153 §10; 1983 c.338 §904; repealed by 1985 c.62 §1]
237.028
[Repealed by 1953 c.180 §18]
237.029 [1975
c.137 §2; 1975 c.449 §15; 1979 c.658 §3; 1981 c.762 §7; 1987 c.617 §16; 1989
c.871 §2; 1993 c.177 §3; renumbered 238.068 in 1995]
237.030
[Repealed by 1953 c.180 §18]
237.031 [1991
c.767 §2; 1993 c.177 §4; renumbered 238.035 in 1995]
237.032
[Repealed by 1953 c.180 §18]
237.033 [1961
c.189 §2; repealed by 1969 c.367 §3]
237.034
[Repealed by 1953 c.180 §18]
237.035 [1961
c.189 §3; repealed by 1969 c.367 §3]
237.036
[Repealed by 1953 c.180 §18]
237.037 [1991
c.776 §2; renumbered 238.690 in 1995]
237.038
[Repealed by 1953 c.180 §18]
237.039 [1991
c.815 §1; renumbered 238.055 in 1995]
237.040
[Repealed by 1953 c.180 §18]
237.041
[Formerly 237.056; repealed by 1967 c.622 §25]
237.042
[Repealed by 1953 c.180 §18]
237.044
[Repealed by 1953 c.180 §18]
237.046
[Repealed by 1953 c.180 §18]
237.048
[Repealed by 1953 c.180 §18]
237.050
[Repealed by 1953 c.180 §18]
237.051 [1953
c.200 §9; 1985 c.823 §2; 1991 c.767 §3; renumbered 238.680 in 1995]
237.052
[Repealed by 1953 c.180 §18]
237.053 [1981
c.689 §2; 1983 c.589 §3; 1985 c.784 §1; renumbered 238.685 in 1995]
237.054
[Repealed by 1953 c.180 §18]
237.056
[Amended by 1953 c.522 §3; renumbered 237.041]
237.058
[Repealed by 1953 c.180 §18]
237.060 [1971
c.738 §11; 1973 c.695 §1; 1989 c.799 §2; renumbered 238.360 in 1995]
237.061 [1953
c.200 §8; repealed by 1955 c.131 §21]
237.062
[Repealed by 1953 c.180 §18]
237.064
[Repealed by 1953 c.180 §18]
237.065 [1957
c.630 §4; 1967 c.622 §3; 1981 c.541 §3; repealed by 1981 c.761 §12]
237.066
[Repealed by 1953 c.180 §18]
237.068
[Repealed by 1953 c.180 §18]
237.070
[Repealed by 1953 c.180 §18]
237.071 [1953
c.200 §13; 1955 c.131 §5; 1957 c.630 §6; 1959 c.334 §1; 1963 c.608 §1; 1967
c.622 §4; 1969 c.107 §1; 1973 c.695 §2; 1981 c.541 §5; 1981 c.761 §1; 1993
c.177 §5; subsections (1) to (3) renumbered 238.200 in 1995; subsection (4)
renumbered 238.440 in 1995]
237.072
[Repealed by 1953 c.180 §18]
237.073 [1965
c.297 §5; 1967 c.622 §5; 1969 c.640 §3; 1977 c.624 §1; 1987 c.617 §4; 1987
c.898 §15; 1993 c.177 §6; renumbered 238.215 in 1995]
237.074
[Repealed by 1953 c.180 §18]
237.075 [1979
c.538 §3; 1981 c.373 §1; 1993 c.177 §7; renumbered 238.205 in 1995]
237.076
[Repealed by 1953 c.180 §18]
237.078
[Repealed by 1953 c.180 §18]
237.079 [1987
c.625 §8; 1995 c.658 §96; renumbered 238.210 in 1995]
237.081 [1953
c.200 §14; 1955 c.131 §6; 1957 c.299 §1; 1959 c.334 §2; 1959 c.623 §3; 1961
c.331 §2; 1963 c.608 §13; 1967 c.622 §6; 1969 c.640 §5; 1993 c.177 §8;
renumbered 238.225 in 1995]
237.082
[Repealed by 1953 c.180 §18]
237.084
[Repealed by 1953 c.180 §18]
237.085 [1961
c.342 §2; 1965 c.533 §1; renumbered 238.150 in 1995]
237.086
[Repealed by 1953 c.180 §18]
237.088
[Repealed by 1953 c.180 §18]
237.090
[Repealed by 1953 c.180 §18]
237.091 [1953
c.200 §16; renumbered 238.025 in 1995]
237.093 [1953
c.200 §16; 1957 c.630 §13; 1967 c.140 §1; 1975 c.200 §2; 1981 c.762 §8; 1987
c.617 §6; 1991 c.813 §1; 1993 c.177 §9; renumbered 238.155 in 1995]
237.094
[Repealed by 1953 c.180 §18]
237.095 [1973
c.735 §§2,3,4,5,6,7; renumbered 238.165 in 1995]
237.096
[Repealed by 1953 c.180 §18]
237.097 [1953
c.200 §16; 1993 c.177 §10; renumbered 238.160 in 1995]
237.098
[Repealed by 1953 c.180 §18]
237.099 [1991
c.675 §2; 1993 c.177 §11; renumbered 238.145 in 1995]
237.101 [1953
c.200 §15; renumbered 238.475 in 1995]
237.102
[Repealed by 1953 c.180 §18]
237.103 [1969
c.640 §2; repealed by 1995 c.452 §24]
237.104
[Repealed by 1953 c.180 §18]
237.105 [1953
c.200 §15; repealed by 1967 c.622 §25]
237.106 [Repealed
by 1953 c.180 §18]
237.107 [1955
c.131 §2; renumbered 238.480 in 1995]
237.108 [1983
c.647 §2; 1987 c.617 §7; 1991 c.917 §1; 1993 c.177 §12; renumbered 238.115 in
1995]
237.109 [1953
c.200 §15; 1955 c.131 §7; 1957 c.630 §7; renumbered 238.095 in 1995]
237.110
[Repealed by 1953 c.180 §18]
237.111 [1953
c.200 §15; 1955 c.131 §8; 1957 c.630 §8; 1959 c.225 §1; 1963 c.608 §2; 1967
c.622 §7; 1969 c.640 §6; 1971 c.160 §1; 1973 c.704 §4; 1975 c.449 §1; 1983
c.830 §4; 1991 c.815 §5; 1993 c.118 §2; subsection (1) renumbered 238.425 in
1995; subsection (2) renumbered 238.265 in 1995; subsection (3) renumbered
238.105 in 1995]
237.112
[Repealed by 1953 c.180 §18]
237.113 [1959
c.663 §2; 1971 c.496 §1; 1979 c.727 §2; 1987 c.898 §16; repealed by 1991 c.815 §21]
237.114
[Repealed by 1953 c.180 §18]
237.115 [1957
c.630 §3; renumbered 238.270 in 1995]
237.116
[Repealed by 1953 c.180 §18]
237.117 [1985
c.625 §2; 1987 c.617 §8; 1993 c.177 §13; renumbered 238.125 in 1995]
237.118
[Repealed by 1953 c.180 §18]
237.119 [1991
c.917 §5; 1993 c.177 §14; renumbered 238.135 in 1995]
237.120
[Repealed by 1953 c.180 §18]
237.121 [1953
c.200 §17; 1967 c.622 §8; 1973 c.695 §3; 1975 c.449 §2; 1979 c.812 §1; 1981
c.768 §1; 1987 c.617 §9; 1987 c.898 §17a; 1989 c.871 §1; 1993 c.177 §15;
renumbered 238.280 in 1995]
237.122
[Repealed by 1953 c.180 §18]
237.124
[Repealed by 1953 c.180 §18]
237.125 [1953
c.200 §17; 1955 c.131 §9; 1967 c.622 §9; 1979 c.861 §2; 1981 c.761 §3; 1983
c.830 §5; 1987 c.898 §§11,18; renumbered 238.078 in 1995]
237.126
[Repealed by 1953 c.180 §18]
237.128
[Repealed by 1953 c.108 §18]
237.129 [1953
c.200 §17; 1957 c.630 §9; 1967 c.622 §10; 1979 c.861 §3; 1983 c.641 §1; 1987
c.898 §19; repealed by 1993 c.120 §1]
237.130
[Repealed by 1953 c.180 §18]
237.131 [1969
c.226 §2; 1975 c.473 §1; 1979 c.861 §4; repealed by 1987 c.898 §28]
237.132
[Repealed by 1953 c.180 §18]
237.133 [1953
c.200 §17; 1955 c.131 §10; 1957 c.630 §10; 1959 c.333 §3; 1961 c.331 §3; 1967
c.622 §11; 1969 c.650 §1; 1971 c.317 §1; 1975 c.137 §4; 1975 c.200 §3; 1979
c.214 §1; 1987 c.898 §20; renumbered 238.088 in 1995]
237.134
[Repealed by 1953 c.180 §18]
237.135 [1955
c.283 §2; repealed by 1987 c.898 §28]
237.136
[Repealed by 1953 c.180 §18]
237.137 [1963
c.387 §2; 1967 c.622 §12; repealed by 1969 c.597 §281]
237.138
[Repealed by 1953 c.180 §18]
237.139 [1957
c.366 §2; repealed by 1993 c.120 §1]
237.140
[Repealed by 1953 c.180 §18]
237.141 [1953
c.200 §17; 1955 c.131 §11; repealed by 1959 c.400 §1 (237.143 enacted in lieu
of 237.141)]
237.142
[Repealed by 1953 c.180 §18]
237.143 [1959
c.400 §2 (enacted in lieu of 237.141); 1973 c.704 §5; 1979 c.214 §2; 1991 c.917
§3; 1995 c.494 §3; renumbered 238.082 in 1995]
237.144
[Repealed by 1953 c.180 §18]
237.145 [1967
c.214 §2; 1973 c.30 §1; 1975 c.200 §4; 1977 c.548 §1; 1981 c.541 §8; 1991 c.813
§15; 1993 c.177 §16; renumbered 238.092 in 1995]
237.146
[Repealed by 1953 c.180 §18]
237.147 [1953
c.200 §18; 1955 c.131 §12; 1967 c.622 §13; 1969 c.597 §140; 1969 c.640 §7; 1971
c.738 §2; 1973 c.695 §4; 1975 c.137 §3; 1975 c.200 §5; 1975 c.449 §3; 1981
c.541 §6; 1981 c.761 §4; 1987 c.320 §148; 1987 c.617 §10; 1987 c.898 §21;
renumbered 238.300 in 1995]
237.148
[Repealed by 1953 c.180 §18]
237.149 [1967
c.622 §23; 1969 c.640 §14; 1977 c.740 §2; repealed by 1981 c.761 §12]
237.150
[Repealed by 1953 c.180 §18]
237.151 [1953
c.200 §15; 1963 c.608 §16; 1967 c.622 §14; 1987 c.898 §§9,22; renumbered
238.315 in 1995]
237.152
[Repealed by 1953 c.180 §18]
237.153 [1973
c.646 §2; 1975 c.203 §1; 1981 c.772 §1; 1981 c.567 §10; 1981 c.849 §2; 1983
c.830 §6; 1987 c.819 §1; 1989 c.799 §3; 1993 c.177 §17; renumbered 238.350 in
1995]
237.154
[Repealed by 1953 c.180 §18]
237.155 [1953
c.200 §19; 1955 c.131 §13; 1967 c.622 §15; 1971 c.738 §3; 1973 c.704 §6; 1977
c.740 §1; 1979 c.658 §5; 1981 c.761 §5; 1985 c.692 §1; 1987 c.898 §3; 1989
c.799 §4; 1989 c.900 §1; 1991 c.813 §3; 1993 c.121 §1; renumbered 238.305 in
1995]
237.156
[Repealed by 1953 c.180 §18]
237.157 [1959
c.256 §2; renumbered 238.460 in 1995]
237.158
[Repealed by 1953 c.180 §18]
237.159 [1989
c.995 §2; 1991 c.813 §2; renumbered 238.455 in 1995]
237.160
[Repealed by 1953 c.180 §18]
237.162
[Repealed by 1953 c.180 §18]
237.163
[Formerly 237.640; renumbered 238.405 in 1995]
237.164
[Repealed by 1953 c.180 §18]
237.165 [1953
c.200 §20; 1963 c.608 §18; 1969 c.640 §9; 1971 c.738 §4; 1981 c.541 §7; 1983
c.830 §7; 1985 c.823 §3; 1987 c.898 §1; 1989 c.799 §5; 1993 c.121 §2;
renumbered 238.390 in 1995]
237.166
[Repealed by 1953 c.180 §18]
237.167 [1957
c.367 §2; 1987 c.898 §23; renumbered 238.400 in 1995]
237.168
[Repealed by 1953 c.180 §18]
237.169 [1959
c.623 §2; 1961 c.331 §4; 1963 c.608 §3; 1969 c.621 §1; 1971 c.738 §5; 1973 c.704
§8; 1983 c.740 §61; 1983 c.830 §8; 1985 c.823 §4; 1987 c.898 §2; 1989 c.799 §6;
1993 c.121 §3; 1993 c.177 §18; renumbered 238.395 in 1995]
237.170
[Repealed by 1953 c.180 §18]
237.171 [1953
c.200 §21; 1955 c.131 §14; 1959 c.334 §4; 1963 c.608 §4; 1967 c.622 §16; 1975
c.449 §5; 1983 c.641 §2; 1987 c.898 §24; 1991 c.60 §1; 1993 c.177 §19;
renumbered 238.320 in 1995]
237.172
[Amended by 1953 c.523 §6; renumbered 237.305]
237.173
[Formerly 237.630; renumbered 238.345 in 1995]
237.174
[Renumbered 237.311]
237.176
[Renumbered 237.315]
237.181 [1953
c.200 §21; 1955 c.131 §15; 1957 c.630 §11; 1961 c.27 §1; 1967 c.622 §17; 1969
c.640 §10; 1971 c.738 §6; 1975 c.449 §6; 1987 c.898 §4; 1989 c.799 §7;
renumbered 238.325 in 1995]
237.187 [1953
c.200 §21; 1955 c.131 §16; 1963 c.608 §5; subsection (2) enacted as 1963 c.608 §7;
1967 c.622 §18; 1969 c.640 §11; 1987 c.898 §25; 1993 c.177 §20; renumbered
238.330 in 1995]
237.191 [1953
c.200 §21; renumbered 238.335 in 1995]
237.195 [1953
c.200 §21; 1957 c.630 §12; 1967 c.622 §19; renumbered 238.340 in 1995]
237.197 [1967
c.622 §24; 1969 c.538 §1; 1971 c.738 §7; 1973 c.695 §§5, 5a; 1981 c.761 §6;
1989 c.799 §8; 1989 c.966 §8; 1991 c.59 §1; 1993 c.177 §21; renumbered 238.260
in 1995]
237.198 [1963
c.608 §9; 1967 c.622 §20; repealed by 1971 c.738 §8 (237.199 enacted in lieu of
237.198)]
237.199 [1971
c.738 §9 (enacted in lieu of 237.198); 1973 c.695 §6; 1977 c.627 §1; renumbered
238.370 in 1995]
237.200 [1973
c.695 §8; 1979 c.861 §5; 1981 c.541 §9; 1993 c.177 §22; renumbered 238.310 in
1995]
237.201 [1953
c.200 §22; 1969 c.640 §13; 1971 c.732 §3; 1979 c.85 §2; 1985 c.671 §9; 1987
c.617 §11; 1989 c.726 §6; 1991 c.823 §1; 1993 c.33 §321; 1993 c.798 §46; 1995
c.608 §37; renumbered 238.445 in 1995; see note under 237.007]
237.202 [1993
c.121 §5; renumbered 238.470 in 1995]
237.205 [1979
c.607 §2; 1993 c.715 §1; renumbered 238.465 in 1995]
237.208 [1991
c.796 §2; 1993 c.177 §23; 1995 c.494 §1; 1995 c.569 §4; renumbered 238.385 in
1995]
237.209 [1981
c.776 §2; 1985 c.821 §1; 1989 c.757 §1; 1991 c.796 §3; 1993 c.177 §24; 1995
c.569 §5; renumbered 238.365 in 1995]
237.210 [1987
c.898 §7; renumbered 238.450 in 1995]
237.211 [1983
c.770 §2; 1993 c.177 §25; 1995 c.658 §97; renumbered 238.500 in 1995]
237.215 [1983
c.770 §3; 1987 c.625 §1; 1991 c.815 §6; 1995 c.658 §98; renumbered 238.505 in
1995]
237.217 [1983
c.770 §4; 1991 c.815 §7; renumbered 238.515 in 1995]
237.219 [1983
c.770 §5; renumbered 238.525 in 1995]
237.220 [1983
c.770 §6; 1987 c.625 §2; 1991 c.815 §§8,11; 1993 c.170 §1; 1993 c.177 §26; 1995
c.658 §131; renumbered 238.535 in 1995]
237.223 [1983
c.770 §7; 1991 c.815 §14; 1995 c.658 §132; renumbered 238.545 in 1995]
237.225 [1983
c.770 §8; 1991 c.815 §16; renumbered 238.555 in 1995]
237.227 [1983
c.770 §9; 1991 c.815 §§12,13; renumbered 238.565 in 1995]
237.230 [1983
c.770 §10; 1989 c.757 §3; 1991 c.796 §4; 1995 c.569 §6; renumbered 238.575 in
1995]
237.233 [1983
c.770 §11; 1987 c.616 §5; 1991 c.796 §5; 1991 c.815 §15; 1993 c.120 §2; 1993
c.177 §27; 1993 c.588 §1; 1995 c.296 §4; 1995 c.569 §7; 1995 c.600 §5; 1995
c.658 §134; renumbered 238.580 in 1995; see note under 237.007]
237.247 [1991
c.969 §4; 1993 c.18 §42; 1993 c.117 §1; 1993 c.118 §3; 1993 c.177 §28;
renumbered 238.415 in 1995]
237.248
[Formerly 237.325; 1991 c.814 §1; 1993 c.18 §43; 1993 c.177 §29; renumbered
238.420 in 1995]
237.251 [1953
c.200 §§4,10; 1955 c.131 §17; 1963 c.608 §10; 1971 c.418 §10; 1983 c.740 §62;
1985 c.823 §7; 1987 c.93 §1; 1993 c.783 §2; 1995 c.296 §5; 1995 c.653 §1;
renumbered 238.630 in 1995]
237.253 [1979
c.552 §3; renumbered 238.635 in 1995]
237.255 [1953
c.200 §§4,5; 1969 c.314 §15; 1987 c.93 §2; 1995 c.286 §24a; 1995 c.653 §2;
renumbered 238.640 in 1995]
237.259 [1953
c.200 §7; 1973 c.704 §11; renumbered 238.645 in 1995]
237.263 [1953
c.200 §6; 1971 c.734 §34; 1985 c.823 §5; renumbered 238.650 in 1995]
237.271 [1953
c.200 §10; 1955 c.131 §18; 1959 c.556 §5; 1961 c.508 §1; 1967 c.335 §22; 1973
c.704 §12; 1975 c.614 §4; 1979 c.552 §1; 1985 c.823 §6; 1989 c.966 §9; 1991
c.813 §5; 1993 c.694 §28; renumbered 238.660 in 1995]
237.273 [1959
c.556 §3; 1961 c.124 §1; 1961 c.508 §2; subsection (3) enacted as 1963 c.569 §26;
repealed by 1967 c.335 §60]
237.274 [1961
c.508 §§4,5,6,7; 1963 c.183 §2; 1965 c.497 §1; repealed by 1967 c.335 §60]
237.275 [1953
c.200 §10; 1993 c.177 §30; renumbered 238.250 in 1995]
237.277 [1975
c.333 §2; 1993 c.177 §31; renumbered 238.255 in 1995]
237.279 [1953
c.200 §10; renumbered 238.665 in 1995]
237.281 [1953
c.200 §10; 1955 c.131 §19; 1967 c.335 §23; 1967 c.622 §§21, 21a; 1973 c.704 §13;
1987 c.849 §1; renumbered 238.670 in 1995]
237.285 [1953
c.200 §12; 1955 c.131 §20; 1987 c.849 §3; renumbered 238.605 in 1995]
237.291 [1953
c.200 §11; renumbered 238.610 in 1995]
237.293 [1989
c.420 §4; renumbered 238.615 in 1995]
237.295 [1991
c.192 §§2,3; renumbered 238.675 in 1995]
237.300 [1953
c.523 §1; renumbered 238.700 in 1995]
237.301 [1953
c.523 §4; 1981 c.541 §1; 1989 c.799 §9; 1991 c.249 §19; renumbered 238.705 in
1995]
237.303 [1959
c.556 §4; 1975 c.614 §5; repealed by 1989 c.799 §14]
237.305
[Formerly 237.172; 1963 c.608 §14; 1987 c.617 §12; repealed by 1989 c.799 §14]
237.311
[Formerly 237.174; 1979 c.562 §8; 1989 c.799 §10; renumbered 238.710 in 1995]
237.312 [1993
c.119 §2; renumbered 238.715 in 1995]
237.315
[Formerly 237.176; 1989 c.980 §10b; renumbered 238.655 in 1995]
237.320 [1959
c.319 §2; 1967 c.359 §685; 1981 c.195 §1; 1987 c.616 §3; 1987 c.617 §13; 1989
c.597 §1; 1989 c.799 §11a; 1991 c.814 §2; 1991 c.815 §29; 1993 c.117 §3; 1993
c.148 §1; renumbered 238.410 in 1995]
237.325 [1987
c.616 §2; 1989 c.597 §2; 1989 c.799 §12a; 1989 c.826 §1a; 1989 c.966 §10a;
renumbered 237.248 in 1989]
MUNICIPAL RETIREMENT SYSTEMS
237.350 Definitions for ORS 237.350 to
237.380. As used in ORS 237.350 to 237.380
unless the context requires otherwise:
(1)
“City” means any city with a population of 100,000 or more in which a
retirement system may be established under the charter.
(2)
“Actuarial reserve basis” means the accumulation of a reserve, in equal annual
installments from the date on which an officer or employee of the city first
became a member of a retirement plan created under ORS 237.355 to the
retirement date specified in the plan, sufficient in amount to provide the
retirement benefits required to be provided to the officer or employee under
the plan.
(3)
“Retirement plan” or “retirement system” means a plan or system created or
established pursuant to ORS 237.350 to 237.380. [Formerly 238.510]
237.355 Establishment of retirement
system. A city in which any pension system may
be established by charter, may establish a retirement system pursuant to ORS
237.350 to 237.380. The council of the city may enact such ordinances as are
necessary to put the system into effect and may supplement or change the
ordinances from time to time. [Formerly 238.520]
237.360 Features of retirement plan.
The retirement plan may provide for retirement benefits measured on the basis
of services rendered or to be rendered by an officer or employee, either before
or after the date on which such officer or employee first becomes a member of
the retirement plan. The retirement plan may provide for a minimum of years of
service and a minimum and maximum age of retirement for the officer or
employee. [Formerly 238.530]
237.365 Contribution to fund by city.
The city may budget and provide by ordinance for payment into the fund of the
retirement system an amount sufficient:
(1)
To provide, on an actuarial reserve basis, the amortized level premium cost of
the retirement benefits which, under the provision of the retirement system,
are to be provided by the city to its officers or employees who attain the
retirement age or retire in accordance with the terms of the retirement plan.
(2)
To meet the actuarially computed costs of retirement benefits measured on the
basis of services rendered or to be rendered by an officer or employee before
or after the date on which such officer or employee becomes a member of the
retirement plan. [Formerly 238.540]
237.370 Collection of contribution from
employees. The city may collect, as a contribution
from any officer or employee of any department or bureau for which a retirement
system is established, that percentage of the salary received by the officer or
employee, which is necessary to fund on an actuarial reserve basis the cost of
retirement benefits which the officer or employee is required to provide
pursuant to the provisions of a retirement plan. [Formerly 238.550]
237.375 Limitations on payments and
contributions. Nothing in ORS 237.350 to 237.380
authorizes the city to budget, provide for payments or collect contributions to
fund retirement benefits for an individual who is not in the employment of the
city at the time of the creation of a membership status under a retirement
plan. [Formerly 238.560]
237.380 Revenues from which city may make
payments to fund. The payments made by the city
under ORS 237.365 may be made out of any revenues collected by the city under
any law of the state or the charter or ordinances of the city. [Formerly
238.570]
COVERAGE OF EMPLOYEES UNDER FEDERAL
SOCIAL SECURITY ACT
237.410 Definitions for ORS 237.420 to
237.515. As used in ORS 237.420 to 237.515,
unless the context requires otherwise:
(1)
“Public agency” or “political subdivision” means the State of Oregon, any city,
county, municipal or public corporation or any political subdivision of the
State of Oregon or any instrumentality thereof, or any school district, or any agency
created by two or more political subdivisions to provide themselves
governmental services, the employees of which constitute a coverage group. For
purposes of ORS 237.420 to 237.515, such agency created by two or more
political subdivisions is a governmental instrumentality and a legal entity
with power to enter into contracts, hold property and sue and be sued.
(2)
“Coverage group” has the meaning given that term by the provisions of section
218 of title 2 of the federal Social Security Act, and amendments thereto, and
applicable federal regulations adopted pursuant thereto. [Amended by 1953 c.192
§1; 1963 c.608 §15; 1993 c.177 §32; 2001 c.945 §28]
237.411 Construction of ORS 237.412 to
237.418 as supplemental to ORS 237.420 to 237.515.
The provisions of ORS 237.412 to 237.418 relating to Old Age and Survivors
Insurance coverage are supplemental to ORS 237.420 to 237.515, and shall be so
construed. [1953 c.180 §8]
237.412 Declaration of policy regarding
federal Social Security protection for employees of state and political
subdivisions. In order to extend to employees of the
State of Oregon, all the school districts and all the political subdivisions of
the state participating in the Public Employees Retirement System immediately
prior to March 27, 1953, and to the dependents and survivors of such employees,
the basic protection accorded to others by the Old Age and Survivors Insurance
system embodied in title 2 for the federal Social Security Act, it hereby is
declared to be the policy of this state, subject to the limitations of ORS
237.412 to 237.418, that such action be taken, and hereby it is expressly
authorized, as to provide such protection to employees of the state and its
political subdivisions on as broad a basis as is permitted under applicable
federal law. [1953 c.180 §1]
237.414 Extension of federal Social
Security benefits to employees of state and certain political subdivisions.
(1) The Public Employees Retirement Board hereby is authorized and directed to
enter into an agreement or modification of such agreement with the Federal
Security Administrator (United States Secretary of Health and Human Services)
on behalf of the State of Oregon, consistent with the terms and provisions of
ORS 237.412 to 237.418, for the purpose of extending the benefits of the
Federal Old Age and Survivors Insurance system to employees of the state and
the political subdivisions which at the time of repeal of chapter 401, Oregon
Laws 1945, were participating in the Public Employees Retirement System established
by that chapter. The board may authorize its director, on behalf of and in the
name of the board, to sign modifications of the agreement including within the
agreement legally qualified eligible public agencies.
(2)
The agreement shall provide benefits for employees whose services are covered
by the agreement (and their dependents and survivors) on the same basis as
though such services constituted employment within the meaning of title 2 of
the Social Security Act.
(3)
The duties and obligations of the state and its political subdivisions as
employers, in relation to such agreement, shall be as provided by ORS 237.420
to 237.515.
(4)
Such agreement or modification thereof shall be effective with respect to
services performed after an effective date specified in such agreement or
modification, but in no case prior to January 1, 1951.
(5)
All services which:
(a)
Constitute employment within the meaning of title 2 of the Social Security Act;
(b)
Are performed in the employ of the state or a political subdivision or in the
employ of an instrumentality of either the state or a political subdivision, or
both; and
(c)
Are covered by a plan which is in conformity with the terms of the agreement
and which has been approved by the board, shall be covered by the agreement.
(6)
The Public Employees Retirement Board hereby is authorized and directed to
include in the agreement for Old Age and Survivors Insurance coverage to be
executed by the board with the Federal Security Administrator (United States
Secretary of Health and Human Services) in conformance with this section, the
elective officers of the political subdivisions described in subsection (1) of
this section, and the elective officers of the State of Oregon. [1953 c.180 §12;
1953 c.193 §1; 1957 c.261 §1; 1967 c.38 §4; 1973 c.704 §14; 1981 c.683 §1; 1991
c.67 §51 and 1991 c.813 §6; 2001 c.104 §73]
237.418 Authority of interstate agencies
to extend federal Social Security benefits to their employees.
(1) Any instrumentality jointly created by this state and any other state or
states hereby is authorized, to the extent that this state may confer
authority, upon the granting of like authority by such other state or states:
(a)
To enter into an agreement with the Federal Security Administrator (United States
Secretary of Health and Human Services) whereby the benefits of the Federal Old
Age and Survivors Insurance system shall be extended to employees of such
instrumentality;
(b)
To require its employees to pay (and for that purpose to deduct from their
wages) contributions equal to the amounts which they would be required to pay
if they were covered by an agreement made pursuant to ORS 237.414; and
(c)
To make payments to the Secretary of the Treasury of the United States in
accordance with such agreement, including payment from its own funds, and
otherwise to comply with such agreement.
(2)
Such agreement shall, to the extent practicable, be consistent with the terms
and provisions of ORS 237.412 and 237.414. [1953 c.180 §13; 1991 c.67 §52 and
1991 c.813 §7]
237.420 Agreements to extend federal
Social Security coverage to employees of public agencies not covered by ORS
237.414. The Public Employees Retirement Board
established by ORS 237.952 shall, for the purposes of administration of this
law, after March 27, 1953, succeed to the powers and duties of the Public
Employees Retirement Board established by chapter 401, Oregon Laws 1945, as
amended, and shall, upon application by any public agency in accordance with
ORS 237.430 and 237.440, execute on behalf of the state an agreement or
modification of such agreement, with the Federal Security Administrator (United
States Secretary of Health and Human Services), or the designated agent or
successor, for the coverage of employees of such public agency under the
insurance system established by title 2 of the federal Social Security Act in
conformity with the provisions of section 218 thereof and amendments thereto,
and applicable federal regulations adopted pursuant thereto. [Amended by 1953
c.192 §2; 1991 c.67 §53 and 1991 c.813 §8]
237.430 Public agencies to be included in
the agreement. The agreement shall include each
coverage group as to which formal request for inclusion is made by the
legislative or governing body of the employing public agency pursuant to ORS
237.440, prior to the effective date of the agreement, or any modification
thereof. However, the board shall not be required to include in any agreement
or modification any public agency which is not entitled by law to share in any
apportionment of state revenue or funds and has at any time within the 10 years
next preceding the date of its application been insolvent or failed to pay when
due, the principal or interest of its bonds, warrants or other obligations. [Amended
by 1953 c.192 §3(1)]
237.440 Application by political subdivision
for inclusion. The legislative or governing body of
every political subdivision may make formal application to the Public Employees
Retirement Board for inclusion of the eligible employees of such political
subdivision in the agreement or any modification thereof. [Amended by 1953
c.192 §3(2); 1955 c.278 §1]
237.450 Starting date for contributions.
Every public agency included in the agreement pursuant to ORS 237.430 and
237.440 shall be liable for the contributions required to be remitted by an
employer under the provisions of sections 3101 and 3111 of the federal Internal
Revenue Code and amendments thereto, except that no contributions required by
ORS 237.460 shall be withheld or remitted prior to July 1, 1951, or prior to
the approval of the agreement by the Federal Security Administrator (United
States Secretary of Health and Human Services). [Amended by 1953 c.192 §4; 1991
c.67 §54; 1991 c.813 §9]
237.460 Withholding and remitting of
employees’ contributions. (1) Every public agency included
in the agreement shall withhold from wages and salaries paid by it to officers
and employees covered by the agreement, and remit to the retirement board, that
portion required to be withheld from the salaries and wages of employees under
the provisions of section 3101 of the federal Internal Revenue Code of 1954 and
amendments thereto as required by section 218(e) of title 2 of the federal
Social Security Act.
(2)
The provisions of subsection (1) of this section requiring remission to the
retirement board of amounts withheld from wages and salaries apply only to
amounts withheld from wages and salaries that were paid on or before December
31, 1986. Amounts withheld from wages and salaries that were paid after
December 31, 1986, shall be remitted to the Internal Revenue Service. [Amended
by 1981 c.849 §1; 1991 c.813 §10]
237.465 Employees required to contribute.
All employees of the state, all employees of the school districts of the state
and all employees of political subdivisions of the state subject to the
agreement for Old Age and Survivors Insurance coverage, other than employees
specifically excluded by that agreement, shall make contributions for such
coverage as required by ORS 237.460. [1955 c.278 §2]
237.470 Retirement board to promulgate
regulations. The Public Employees Retirement Board
shall promulgate regulations, not inconsistent with ORS 237.410 to 237.515,
necessary to provide proper procedures to assure conformity with section 218 of
title 2 of the federal Social Security Act and amendments thereto, and federal
regulations adopted pursuant thereto. Such regulations shall include provisions
governing application procedures, requiring an applicant to present proof
satisfactory to the board of its ability to discharge its obligations under ORS
237.410 to 237.515, determining the extent of coverage within separate coverage
groups, and provisions prescribing the time and manner of filing reports and
making any payment required by ORS 237.410 to 237.515.
237.480 Procedure against employer failing
to comply with regulations. If an employer fails to report
or remit to the retirement board in the manner and within the time prescribed
in the regulations adopted by the board, the board, without notice, may send an
auditor to the office of the employer to examine its records and to obtain the
necessary reports or remittances, the entire cost of such audit to be paid by
the delinquent employer.
237.490 Deposit investment and payment of
funds. (1) All employer and employee
contributions and other moneys received or collected by the Public Employees
Retirement Board under ORS 237.410 to 237.515 shall be deposited into the State
Treasury to the credit of an account, separate and distinct from the General
Fund, to be known as the Social Security Revolving Account, and the moneys in
the account are continuously appropriated for the purposes of ORS 237.410 to
237.515.
(2)
All moneys in the account shall be held in trust and invested as provided in
ORS 293.701 to 293.820. Interest from such investments shall be used first for
paying the administrative expenses described in ORS 237.500 and not later than
the 15th day of February, May, August and November, after paying the
administrative expenses, as determined by the Public Employees Retirement
Board, for the preceding calendar quarter, the balance of the interest
remaining shall be available for general governmental expenses.
(3)
The Oregon Department of Administrative Services may review all duly approved
claims certified by the Public Employees Retirement Board for the payment of
amounts required to be paid to the Secretary of the Treasury pursuant to
agreements entered into under ORS 237.410 to 237.515, and for the payment of
necessary refunds and may issue warrants therefor
payable out of the Social Security Revolving Account. [Amended by 1953 c.192 §5(1);
1967 c.399 §§2, 6; 1975 c.614 §6; 1989 c.966 §11; 2001 c.716 §22]
237.500 Administrative expenses.
All expenses of the Public Employees Retirement Board in excess of those paid
under ORS 237.490 (2) incurred in administering the provisions of ORS 237.410
to 237.515, including such proportion of the salary of the director, counsel,
professional consultants and employees of the retirement board, as the time
required of them for the administration of ORS 237.410 to 237.515 shall bear to
the time required for the administration of both ORS 237.410 to 237.515 and the
public employees retirement law, shall be paid in the manner provided by law,
out of the Social Security Revolving Account. For such purpose, the board may
make monthly withdrawals from said account in lump sums. The board may, under
such rules as it promulgates, collect from each public agency its respective
pro rata share of the expenses incurred in administering ORS 237.410 to
237.515. Each public agency included in the agreement pursuant to ORS 237.430
is required to pay its pro rata share of the expenses incurred by the board in
administering ORS 237.410 to 237.515. In order to facilitate financing the administration
of the system the board may designate fiscal periods and may provide that
extraordinary expenses incurred during one such period, such as expenses for
equipment, may, for purposes of equitably distributing part of the burden of
the expenses, be apportioned to subsequent fiscal periods in such manner as to
the board seems equitable. [Amended by 1953 c.192 §5(2); 1967 c.399 §3; 1973
c.704 §15]
237.510 Collection of delinquent
contributions. (1) Upon failure of any public agency
to remit contributions to the retirement board as provided by ORS 237.460 or
pay its pro rata share as provided by ORS 237.500 and determined by the board,
the board may recover by action in a court of competent jurisdiction the amount
due and unpaid.
(2)
Any public agency delinquent in submitting remittances to the retirement board
as provided in ORS 237.460 shall be charged interest on the total amount of
remittance due from it at the rate of one percent per month or fraction thereof
during which the agency is delinquent. Interest so paid shall be deposited in
the Social Security Revolving Account and shall be used by the board in paying
the expenses of administration and any penalties which the board may incur.
(3)
In order to obtain prompt remittance of contributions and payment of
obligations due under ORS 237.410 to 237.515, the board, in the event of
delinquency of any public agency entitled by law to share in the apportionment
of any state revenues or funds, shall certify the amount of such delinquency to
the Oregon Department of Administrative Services, which shall pay the claim out
of any revenues or funds in the State Treasury apportioned to the delinquent
public agency.
(4)
In addition to the remedies otherwise provided under this section, the board
may, by petition in usual form, apply to the circuit court for the county in
which is located the public agency concerned, or the principal office or place
of business of such public agency, for, and if warranted, to have issued, writs
of mandamus to compel such public agency to supply to the board a true and
complete list and employment records of such agency’s employees and all
information concerning such employees that reasonably may be required and
sought by the board in such petition. Such writs, among other things, shall
direct the defendant therein to make such remittances as may appear, from
records and information concerning such defendant’s employees, to be required
by law. Either or both parties thereby aggrieved may appeal to the Court of
Appeals from, or from any part of, the judgment of the circuit court given and
made in such proceeding, as in ordinary mandamus proceedings. If the court
allows the issuance of a peremptory writ, the court shall award reasonable
attorney fees, costs and disbursements to the board. [Amended by 1953 c.192 §5(3);
1975 c.614 §7; 1981 c.541 §2; 1991 c.813 §11]
237.515 Exclusion of contributions from
biennial budget. Contributions required by ORS
237.410 to 237.515 to be placed in the Social Security Revolving Account and
thereafter remitted to the Secretary of the Treasury of the United States shall
not be included in the biennial budget of the Public Employees Retirement Board
as income or expenses of such board. [1953 c.192 §5(4)]
237.520
[Repealed by 2005 c.755 §59]
PAYMENT OF PUBLIC PENSION TO ALTERNATE
PAYEE AFTER MARITAL DISSOLUTION, ANNULMENT OR SEPARATION
237.600 Payment to alternate payee;
provisions of judgment, order or settlement; administrative expenses.
(1) Notwithstanding any other provision of law, payment of any pension,
annuity, retirement allowance, disability benefit, death benefit, refund
benefit or other benefit under any public employer
retirement plan other than the Public Employees Retirement System that would
otherwise be made to a person entitled to benefits under the plan shall be
paid, in whole or in part, to an alternate payee if and to the extent expressly
provided for in the terms of any judgment of annulment or dissolution of
marriage or of separation, or the terms of any court order or court-approved
property settlement agreement incident to any judgment of annulment or
dissolution of marriage or of separation. Notwithstanding any other provisions
of this section, the total value of benefits payable to a member and to an
alternate payee under this section may not be greater than the value of the
benefits the member would otherwise be eligible to receive. Any payment under
this subsection to an alternate payee bars recovery by any other person.
(2)
A judgment, order or settlement providing for payment to an alternate payee
under subsection (1) of this section may also provide:
(a)
That payments to the alternate payee may commence, at the election of the
alternate payee, at any time after the earlier of:
(A)
The earliest date the member would be eligible to receive retirement benefits
if the member separates from service; or
(B)
The date the member actually separates from service due to death, disability,
retirement or termination of employment.
(b)
That the alternate payee may elect to receive payment in any form of pension,
annuity, retirement allowance, disability benefit, death benefit, refund
benefit or other benefit, except a benefit in the form of a joint and survivor
annuity, available to the member under the public employer
retirement plan, or that would be available to the member if the member retired
or separated from service at the time of election by the alternate payee,
without regard to the form of benefit elected by the member.
(c)
That the alternate payee’s life is the measuring life for the purposes of
measuring payments to the alternate payee under the form of benefit selected by
the alternate payee.
(3)
Subsection (1) of this section applies only to payments made by the public employer retirement plan after the date of receipt by the
administrators of the plan of written notice of the judgment, order or
agreement and such additional information and documentation as the plan
administrators may prescribe.
(4)(a)
A judgment, order or agreement providing for payment to an alternate payee
under subsection (1) of this section may not provide for payment to an
alternate payee of:
(A)
Any disability payments provided to a member of a public employer
retirement plan in lieu of workers’ compensation benefits pursuant to ORS
656.027 (6), to the extent those payments are to be made before the member
attains 55 years of age; or
(B)
Any medical or hospital benefits payable to a member as part of a disability
benefit provided to a member of a public employer
retirement plan in lieu of workers’ compensation benefits pursuant to ORS
656.027 (6), regardless of the member’s age.
(b)
Paragraph (a) of this subsection does not prevent a court from considering the
disability payments described in that paragraph in making a division of
property pursuant to ORS 107.105 or an award of support.
(5)
Any public employer or public employer retirement
plan that is required by the provisions of this section to make a payment to
some person other than a member of the retirement plan offered by the public
employer shall charge and collect out of the benefits payable to the member and
the other person actual and reasonable administrative expenses and related
costs incurred by the public employer or public employer
retirement plan in obtaining data and making calculations that are necessary by
reason of the provisions of this section. A public employer or public employer retirement plan may not charge more than $300 for
total administrative expenses and related costs incurred in obtaining data or
making calculations that are necessary by reason of the provisions of this
section. A public employer or public employer
retirement plan that charges and collects administrative expenses and related
costs under the provisions of this subsection shall allocate those expenses between
the member of the retirement plan and any other person receiving a benefit from
the plan based on the fraction of the benefit received by the member or person.
(6)
As used in this section:
(a)
“Court” means any court of appropriate jurisdiction of this or any other state
or of the District of Columbia.
(b)
“Member” means a person entitled to a benefit from a public employer
retirement plan.
(c)
“Public employer” means the state, one of its agencies, any city, county,
municipal or public corporation, any political subdivision of the state or any
instrumentality thereof, or an agency created by two or more such political
subdivisions to provide themselves governmental services.
(d)
“Public employer retirement plan” means any system,
program, annuity, contract or other plan established by a public employer for
the purpose of providing a pension, annuity, retirement allowance or disability
benefit to officers or employees of the public employer. [1993 c.715 §2; 2003
c.576 §403]
COVERAGE FOR POLICE OFFICERS AND
FIREFIGHTERS
237.610 Definitions for ORS 237.610 and
237.620. As used in this section and ORS
237.620:
(1)
“Firefighter” means:
(a)
Persons employed by a city, county or district whose duties involve
firefighting, but does not include volunteer firefighters; and
(b)
The State Fire Marshal and the chief deputy fire marshal and deputy state fire marshals appointed under ORS 476.040.
(2)(a)
“Police officer” includes:
(A)
Police chiefs and police officers of a city who are classified as police
officers by the council or other governing body of the city;
(B)
Sheriffs and those deputy sheriffs whose duties, as classified by the county
governing body, are the regular duties of police officers;
(C)
County adult parole and probation officers, as defined in ORS 181.610, who are
classified by the county governing body for purposes of this section and ORS
237.620;
(D)
Corrections officers as defined in ORS 181.610;
(E)
Employees of districts whose duties, as classified by the governing body of the
district, are the regular duties of police officers; and
(F)
Investigators of the Criminal Justice Division of the Department of Justice.
(b)
“Police officer” does not include volunteer or reserve police officers or
persons considered by the respective governing bodies to be civil deputies or
clerical personnel.
(3)
“Public employer” means any city, county or district that employs police
officers or firefighters. [1971 c.692 §2; 1973 c.19 §2; 1979 c.656 §6; 1981
c.479 §1; 1989 c.614 §2; 1991 c.67 §55; 2005 c.22 §175]
237.620 Membership of police officers and
firefighters in Public Employees Retirement System.
(1) Except as provided in this section, all public employers of police officers
or firefighters shall provide retirement benefits to those employees under the
Public Employees Retirement System.
(2)
Notwithstanding subsection (1) of this section, a public employer of police
officers or firefighters need not provide retirement benefits to those
employees under the Public Employees Retirement System if the Public Employees
Retirement Board determines that the public employer provides retirement
benefits to each of the following classes of employees that are equal to or
better than the retirement benefits that would be provided to the equivalent
classes of employees under the Public Employees Retirement System:
(a)
Police officers or firefighters who are entitled to receive benefits only under
ORS chapter 238 and who established membership in the system before January 1,
1996, as described in ORS 238.430 (2);
(b)
Police officers or firefighters who are entitled to receive benefits only under
ORS chapter 238 and who established membership in the system on or after
January 1, 1996, and before August 29, 2003, as described in ORS 238A.025 (4);
and
(c)
Police officers or firefighters who establish membership in the system on or
after August 29, 2003, and are entitled to benefits only under the Oregon
Public Service Retirement Plan.
(3)
At such times as may be established by board rule, the Public Employees
Retirement Board shall review the retirement benefits provided by a public
employer of police officers or firefighters that does not provide retirement
benefits for those employees under the Public Employees Retirement System. The
review must be conducted at the expense of the public employer. Based on the
review, the board shall determine whether the public employer complies with the
requirements of subsection (2) of this section. If the board determines that
the public employer does not comply with the requirements of subsection (2) of
this section for any class of employees described in subsection (2) of this
section, the public employer must provide that class of employees with
retirement benefits adequate to meet the requirements of subsection (2) of this
section. If the public employer fails to provide those benefits, any employee
within the class may bring an action in circuit court to compel compliance with
the requirements of this section. [1971 c.692 §3; 1973 c.704 §16; 1975 c.449 §13;
1989 c.888 §2; 1991 c.67 §56; 2001 c.945 §76; 2003 c.625 §33; 2007 c.622 §1]
237.630 [1971
c.692 §4; 1975 c.449 §7; renumbered 237.173 in 1991]
237.635 Mandated increase in benefits
payable under systems other than Public Employees Retirement System;
limitation. (1) Any public employer that provides
retirement benefits to its police officers and firefighters other than by
participation in the Public Employees Retirement System pursuant to the
provisions of ORS 237.620 shall provide increases to the police officers and
firefighters of the public employer, both active and retired, that are equal to
the increases in retirement benefits that are provided for in this 1991 Act for
active and retired police officers or firefighters who are members of the
Public Employees Retirement System, or shall provide to those police officers
and firefighters increases in retirement benefits that are the actuarial
equivalent of the increases in retirement benefits that are provided for in
this 1991 Act for police officers or firefighters who are members of the Public
Employees Retirement System. No other retirement benefit or other benefit
provided by those public employers shall be decreased by the employer by reason
of the increases mandated by this section.
(2)
The increased benefits provided for in this section apply only to police
officers or firefighters who establish membership before July 14, 1995, in a
retirement plan or system offered by a public employer in lieu of membership in
the Public Employees Retirement System pursuant to the provisions of ORS
237.620. [1991 c.796 §11; 1995 c.569 §12; 2007 c.622 §3]
Note:
Pursuant to 173.160, Legislative Counsel has not substituted specific ORS
references for the words “this 1991 Act” in section 11, chapter 796, Oregon
Laws 1991, compiled as 237.635. The sections for which substitution otherwise
would be made may be determined by referring to the 1991 Comparative Section
Table located in Volume 20 of ORS.
237.637 Additional mandated increase in
benefits payable under systems other than Public Employees Retirement System.
(1) Any public employer that provides retirement benefits to its police
officers and firefighters other than by participation in the Public Employees
Retirement System pursuant to the provisions of ORS 237.620 shall provide
increases to the police officers and firefighters of the public employer, both
active and retired, that are equal to the increases in retirement benefits that
are provided for in chapter 569, Oregon Laws 1995, for active and retired
police officers or firefighters who are members of the Public Employees
Retirement System, or the public employer shall provide to those police
officers and firefighters increases in retirement benefits that are the
actuarial equivalent of the increases in retirement benefits that are provided
for in chapter 569, Oregon Laws 1995, for police officers or firefighters who
are members of the Public Employees Retirement System. Increases provided under
this section shall be reduced by the amount of any benefit increase provided by
ORS 237.635 in the same manner that increases in retirement benefits that are
provided for in chapter 569, Oregon Laws 1995, for active and retired police
officers or firefighters who are members of the Public Employees Retirement
System are reduced to reflect amounts paid to those members under the
provisions of chapter 796, Oregon Laws 1991. No other retirement benefit or
other benefit provided by those public employers shall be decreased by the
employer by reason of the increases mandated by this section.
(2)
A public employer that is subject to the requirements of this section shall
cease paying increased benefits under this section if the payments made to the
person are not subject to Oregon personal income tax under ORS 316.127 (9). A
public employer that is subject to the requirements of this section shall adopt
procedures similar to those described in ORS 238.372 to 238.384 for the purpose
of implementing this subsection. The Department of Revenue shall provide to a
public employer that is subject to the requirements of this section such
information regarding Oregon personal income tax returns as the public employer
deems necessary to determine whether the retirement benefits paid to the person
by the public employer are subject to Oregon personal income tax under ORS
316.127 (9).
(3)
The provisions of subsection (2) of this section do not apply to:
(a)
A retired police officer or firefighter who is receiving payments under the
public employer’s plan and whose effective date of retirement is before January
1, 2012;
(b)
A person who is receiving payments under the public employer’s plan by reason
of the retirement of a police officer or firefighter whose effective date of
retirement is before January 1, 2012; and
(c)
Any other person who receives payments under the public employer’s plan that
began before January 1, 2012. [1995 c.569 §11; 2007 c.622 §4; 2011 c.653 §8]
Note:
Legislative Counsel has substituted “chapter 569, Oregon Laws 1995,” for the
words “this Act” in section 11, chapter 569, Oregon Laws 1995, compiled as
237.637. Specific ORS references have not been substituted pursuant to 173.160.
These sections may be determined by referring to the 1995 Comparative Section
Table located in Volume 20 of ORS.
237.640 [1971
c.692 §5; 1973 c.704 §17; 1975 c.449 §8; 1991 c.813 §12; renumbered 237.163 in
1991]
LEGISLATOR RETIREMENT PLANS
237.650 Retirement plan election.
(1) Except as provided in this section, a person appointed or elected as a
member of the Legislative Assembly may make a retirement plan election in the
manner provided by this section. If a person appointed or elected as a member
of the Legislative Assembly does not make a retirement plan election under
subsection (2), (3) or (4) of this section, the person is deemed to have elected
a retirement plan as provided in subsection (7) of this section.
(2)
An active or inactive member of the Public Employees Retirement System who is
appointed or elected as a member of the Legislative Assembly, and who
established membership in the system before August 29, 2003, as described in
ORS 238A.025, may:
(a)
Elect to remain a member of the system under ORS chapter 238 for the purpose of
service in the Legislative Assembly;
(b)
Decline to remain a member of the system under ORS chapter 238 and elect to
become a legislator member of the state deferred compensation plan under ORS
237.655 for the purpose of service in the Legislative Assembly; or
(c)
Decline to remain a member of the system under ORS chapter 238 or to become a
legislator member of the state deferred compensation plan under ORS 237.655 for
the purpose of service in the Legislative Assembly.
(3)
A retired member of the Public Employees Retirement System who is appointed or
elected as a member of the Legislative Assembly, and who established membership
in the system before August 29, 2003, as described in ORS 238A.025, may:
(a)
Elect to become an active member of the system under ORS chapter 238 for the
purpose of service in the Legislative Assembly;
(b)
Decline to become an active member of the system under ORS chapter 238 and
elect to become a legislator member of the state deferred compensation plan
under ORS 237.655 for the purpose of service in the Legislative Assembly; or
(c)
Decline to become an active member of the system under ORS chapter 238 or to
become a legislator member of the state deferred compensation plan under ORS
237.655 for the purpose of service in the Legislative Assembly.
(4)
A person who is appointed or elected as a member of the Legislative Assembly
and who is not a member of the Public Employees Retirement System at the time
the person takes office may:
(a)
Elect to become a member of the Oregon Public Service Retirement Plan
established under ORS chapter 238A for the purpose of service in the Legislative
Assembly;
(b)
Decline to become a member of the Oregon Public Service Retirement Plan and
elect to become a legislator member of the state deferred compensation plan
under ORS 237.655 for the purpose of service in the Legislative Assembly; or
(c)
Decline to become a member of the Oregon Public Service Retirement Plan or to
become a legislator member of the state deferred compensation plan under ORS
237.655 for the purpose of service in the Legislative Assembly.
(5)
An active or inactive member of the Public Employees Retirement System who is
appointed or elected as a member of the Legislative Assembly, and who
established membership in the system on or after August 29, 2003, as described
in ORS 238A.025, may not make an election under this section and is an active
member of the system under ORS chapter 238A for the purpose of service in the
Legislative Assembly.
(6)
A retired member of the Public Employees Retirement System who is appointed or
elected as a member of the Legislative Assembly, and who established membership
in the system on or after August 29, 2003, as described in ORS 238A.025, may
not make an election under this section and remains a retired member of the
system under ORS chapter 238A during the person’s service in the Legislative
Assembly.
(7)
Written notice of an election under subsection (2), (3) or (4) of this section
must be given to the Public Employees Retirement Board not more than 30 days
after the person takes office. If the board does not receive written notice of
the election within 30 days after the person takes office:
(a)
A person described in subsection (2) of this section is deemed to have elected
to remain a member of the Public Employees Retirement System under ORS chapter
238 for the purpose of service in the Legislative Assembly.
(b)
A person described in subsection (3) of this section is deemed to have declined
to become an active member of the system under ORS chapter 238, or to become a
legislator member of the state deferred compensation plan under ORS 237.655,
and remains a retired member of the system under ORS chapter 238 for the
purpose of service in the Legislative Assembly.
(c)
A person described in subsection (4) of this section is deemed to have elected
to become a member of the system under ORS chapter 238A for the purpose of
service in the Legislative Assembly.
(8)
An election under subsection (3)(b) or (c) of this section does not affect the
status of a person as a retired member of the system and a recipient of
retirement benefits under ORS chapter 238.
(9)
An election under this section does not affect the ability of a person
appointed or elected as a member of the Legislative Assembly to participate in
the state deferred compensation plan in the manner provided by ORS 243.401 to
243.507 as other than a legislator member under ORS 237.655. [2003 c.733 §46a;
2011 c.722 §1]
Note:
237.650 and 237.655 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 237 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
237.655 Legislator members of state deferred
compensation plan. (1) If a person appointed or
elected as a member of the Legislative Assembly elects under ORS 237.650 to
become a legislator member of the state deferred compensation plan for the
purpose of service in the Legislative Assembly, the Legislative Assembly shall
make employer contributions to the plan in an amount that is equal to six
percent of the member’s salary.
(2)
If a person appointed or elected as a member of the Legislative Assembly elects
under ORS 237.650 to become a legislator member of the state deferred
compensation plan for the purpose of service in the Legislative Assembly, and
the person also participates in the state deferred compensation plan in the
manner provided by ORS 243.401 to 243.507 as other than a legislator member,
the total contributions made to the plan by the person and by the employer
under subsection (1) of this section may not exceed the maximum allowed by
federal law governing the plan’s tax qualification.
(3)
Except for the contributions required by subsection (1) of this section, the
Legislative Assembly may not “pick-up,” assume or pay any contributions on
behalf of a legislator member of the state deferred compensation plan. [2003
c.733 §46c; 2011 c.722 §2]
Note: See
note under 237.650.
237.660 [2003
c.733 §46d; repealed by 2011 c.722 §5]
LIQUIDATION OF PRE-1953 RETIREMENT
SYSTEM
237.950 Pre-1953 Public Employees Retirement
System abolished. The Public Employees Retirement
System of the State of Oregon, established by chapter 401, Oregon Laws 1945, as
amended, hereby is abolished, subject to the provisions of ORS 237.950 to
237.980. [1953 c.180 §2]
237.952 Public Employees Retirement Board;
rules. (1) There hereby is established and
created the Public Employees Retirement Board, which shall administer the
provisions of ORS 237.414 and 237.950 to 237.980, shall have powers and duties
herein provided, and shall be comprised of five persons appointed by the
Governor. The term of each appointee shall be four years.
(2)
The board shall have the powers and privileges of a corporation, including the
right to sue and be sued in its own name.
(3)
Members of the board shall be citizens of the United States and residents of
the State of Oregon for at least two years immediately preceding their
appointment to the board. Two members shall not be employed by a public
employer during their respective terms of office on the board or have been so
employed during the two years immediately preceding appointment to the board.
The other three members of the board shall be employees of public employers
under Social Security coverage and so employed throughout the respective terms
of their appointment. Any vacancy on the board shall be filled by appointment
for the unexpired term of the member replaced.
(4)
The successor of a board member in either group shall have the qualifications
herein prescribed for such group.
(5)
The board shall, at its first meeting of each fiscal year, designate one of its
members to serve as chairperson of the board for the ensuing year and until a
successor is designated and takes that office. The board shall hold meetings as
frequently as may be necessary for the performance of its duties.
(6)
Within the limitations of ORS 237.414 and 237.950 to 237.980, the board shall
have the power to establish and enforce rules and regulations for transacting
its business and administering ORS 237.414 and 237.950 to 237.980.
(7)
Members of the board shall serve without compensation but shall be reimbursed
for their necessary expenses incurred in the performance of their duties as
such members. [1953 c.180 §9; 1953 c.521 §3; 1991 c.67 §57]
237.956 Director and staff.
The board shall employ a director whose duties shall be as hereinafter
provided. All ministerial duties required in the administration of ORS 237.414
and 237.950 to 237.980 shall be performed by the director and by employees
under the direction of the director. The director shall hold the position
during the pleasure of the board and shall furnish such bond as required by the
board. The board shall also designate an employee to perform duties in the
absence of the director. [1953 c.180 §10; 1973 c.704 §18]
237.960 Transfer of assets and administration
of retirement fund. (1) All assets of the previously
existing Public Employees Retirement System, as of March 27, 1953, including
moneys and securities, accounts receivable, office equipment and all personal
property of any description, hereby are transferred to the Public Employees
Retirement Board created and established by ORS 237.952, which board shall have
control thereof for the purpose of liquidating the obligations of the Public
Employees Retirement System and otherwise applying such assets as herein
directed.
(2)
During the period of liquidation the board may invest and reinvest moneys,
purchase, sell and exchange securities as in its judgment to the best interest
of beneficiaries.
(3)
The board shall succeed to all the duties and prerogatives of the Public
Employees Retirement Board created by chapter 401, Oregon Laws 1945, as
amended, in relation to the Public Employees Retirement Fund. Said fund shall
be and remain a trust fund for the purpose of liquidating the obligations of
the abolished retirement system, and the Public Employees Retirement Board
created by ORS 237.952 hereby is declared to be the trustee of said fund.
(4)
From the current service account of the State of Oregon in the Public Employees
Retirement Fund there shall be transferred to the Social Security Revolving
Account an amount of $60,000 which shall be recovered from the participating
employers in the manner prescribed by ORS 237.520 (2003 Edition), and upon
recovery shall be repaid to the Public Employees Retirement Board. [1953 c.180 §3;
2005 c.755 §60]
237.964 Collection of accrued liabilities.
In order to liquidate accrued liabilities with respect to prior service credit
and delinquent contributions, each public employer which at any time prior to
March 27, 1953, has participated in the Public Employees Retirement System
shall continue to remit payments to the Public Employees Retirement Board at
the rate and in the time and manner prescribed by chapter 401, Oregon Laws
1945, as amended. The board shall have a right of action against any such
public employer for the enforcement of the provisions of this section. [1953
c.180 §5]
237.968 Continuation of retirement benefits
of certain members. The board shall pay all
retirement benefits to which members of the Public Employees Retirement System
who retired prior to March 27, 1953, may be entitled under the provisions of
chapter 401, Oregon Laws 1945, as amended, and shall give full recognition to
all rights to which such members are entitled under said law. The board also
shall determine and pay in accordance with the provisions of that law
retirement benefits to which members of the Public Employees Retirement System
are entitled by the provisions of said law. [1953 c.180 §4]
237.972 Continuation of abolished system
with regard to certain members.
Notwithstanding any other provision of chapter 180, Oregon Laws 1953, chapter
401, Oregon Laws 1945, as amended, shall remain in full force and effect with
respect to any employee of a public employer which heretofore withdrew from the
Public Employees Retirement System pursuant to subsection (5) of section 8 of
said law, as amended by section 1, chapter 322, Oregon Laws 1951, who did not
sign the petition for such withdrawal. Such employee shall be and remain a member
of the Public Employees Retirement System with full rights and benefits thereunder as if chapter 180, Oregon Laws 1953, had not
been passed; and until the entire obligation of the public employer with
respect to all such employees, as provided in chapter 401, Oregon Laws 1945, as
amended, shall have been paid in full, such public employer shall continue to
deduct from payrolls and transmit the contributions thereby required and make
the matching contributions thereby required to the Public Employees Retirement
Board created by ORS 237.952 and such public employer shall remain liable to
such Public Employees Retirement Board for all contributions required by such
law together with interest thereon at the legal rate from the date of any
delinquency. [1953 c.180 §11]
237.976 Disposition of contributions made
under abolished system. (1) From contributions of each
employee and the matching contributions of the employer, respectively, due and
paid to the Public Employees Retirement Fund for services performed after
January 1, 1951, there shall be deducted as much thereof as necessary to
constitute an amount equal to the total sum of the tax which would have been
imposed upon the employee and the employer, respectively, by sections 1400 and
1410 of the Internal Revenue Code, if the services of the employee subsequent
to January 1, 1951, had constituted employment as defined by section 1426 of
such Code; provided, however, that no such deductions shall be made from the
contributions of the employees referred to in ORS 237.972 or from the matching
contributions of their employers, heretofore or hereafter paid into the Public
Employees Retirement Fund. A sum equal to the total of the amounts deducted as
provided in the preceding sentence hereby is transferred from the Public
Employees Retirement Fund to the Social Security Revolving Account in the
General Fund created by ORS 237.490, and shall be expended by the Public
Employees Retirement Board in payment of the contributions required to secure
coverage under the system of Old Age and Survivors Insurance established by
title 2 of the Social Security Act, effective from January 1, 1951, for all
employees with respect to whom such deductions were made.
(2)
Each member of the Public Employees Retirement System shall have the right to a
refund of all contributions heretofore paid by the member into the fund after
deducting therefrom the amount herein specified for
Social Security coverage, providing that within 60 days after March 27, 1953,
the member signs and files a written request therefor
with the Public Employees Retirement Board, in which event such contribution
shall be paid to the member by the Public Employees Retirement Board as soon
thereafter as practicable and in no case later than October 1, 1953. The refund
of all contributions paid by the member, as by this section authorized, in the
case of each applicant who receives such refund shall extinguish all the rights
of membership in the Public Employees Retirement System established by chapter
401, Oregon Laws 1945, including the right to claim credit for any time
whatever spent in public employment prior to the receipt of such refund. Unless
an employee shall have filed such request for refund within said 60 days the
balance of contributions of the employee remaining after such deduction,
together with an equal amount contributed by the employer, and the
contributions of the employers based on the prior service credit of the
employee, shall be used to purchase retirement benefits for such employee in
accordance with ORS chapter 238. If, pending such disposition of employees’
contributions, any employee should die, the accumulated contributions of the
employee shall be paid as the employee shall have directed in writing. In the
absence of such written direction, the accumulated contributions shall be paid
in accordance with the provisions of chapter 401, Oregon Laws 1945, as amended.
(3)
There shall be no refund made to any participating employer until such time as
all liabilities against such employer have been fully liquidated and
discharged. [1953 c.180 §6; 1953 c.521 §1]
237.980 Rights and moneys exempt from
taxation, execution and bankruptcy and are unassignable.
During the entire period of liquidation of the Public Employees Retirement
System, the right of a person to a pension, annuity or a retirement allowance,
to the return of contributions upon separation from service with a public
employer, the refund of contributions authorized by ORS 237.976, the payment of
annuity, or retirement allowance itself, any optional benefit or death benefit,
or any right accrued or accruing to any person under the provisions of the
repealed Public Employes’ Retirement Act [chapter
401, Oregon Laws 1945] or ORS 237.412 to 237.418 or 237.950 to 237.980, shall
be exempt from all state, county and municipal taxes, and shall not be subject
to execution, garnishment, attachment or any other process or to the operation
of any bankruptcy or insolvency law, and shall not be assignable. [1953 c.180 §7;
1953 c.521 §2]
_______________