Chapter 243 — Public
Employee Rights and Benefits
2011 EDITION
PUBLIC EMPLOYEE RIGHTS AND BENEFITS
PUBLIC OFFICERS AND EMPLOYEES
LIFE INSURANCE FOR POLICE AND
FIREFIGHTERS
243.005 Definitions
for ORS 243.005 to 243.045
243.015 Life
insurance for police and firefighters
243.025 Issuance
of $10,000 life insurance certificate
243.035 Premiums
and administrative costs to be budgeted and paid by public employers
243.045 Police
and firefighters considered common group for certain purposes
243.055 Exemption
from requirements of ORS 243.005 to 243.045 for certain public employers
PUBLIC EMPLOYEES’ BENEFIT BOARD
243.061 Public
Employees’ Benefit Board; members; term; confirmation; expenses
243.066 Officers;
quorum; meetings
BENEFIT PLANS
(Generally)
243.105 Definitions
for ORS 243.105 to 243.285
243.107 Employees
of public universities eligible to participate in benefit plan
243.125 Powers
and duties of board; rules; compensation and expenses
243.135 Health
benefit plans for public employees; terms and conditions
243.140 Health
benefit and dental plans for persons operating foster homes
243.145 Board
authority with respect to health benefit plans; termination of participation of
state agency
243.160 Eligibility
of retired state officer or employee to participate in dental benefit plan;
rules
243.163 Eligibility
of former member of Legislative Assembly to participate in group benefit plan
243.165 Public
Employees’ Benefit Account; continuing appropriation to account
243.167 Public
Employees’ Revolving Fund; continuing appropriation to fund
243.170 Contributions
for job-share employees limited
243.185 Transfer
of moneys from General Fund for payment of costs of health benefit plans
243.200 Participation
of self-pay groups in benefit plans
243.205 Reports
243.215 Certain
eligible employees permitted to receive state contributions for health benefit
plans of their choice; rules
(Miscellaneous)
243.221 Options
that may be offered under flexible benefit plan
243.223 Rules
for flexible benefit plans; costs
243.252 Payment
of cost for employees or retirees
243.256 Reimbursement
methodology for payment to hospitals
243.275 Additional
benefit plans authorized; assessment for expenses
243.285 Salary
deductions; payment of moneys deducted
(Long Term Care Insurance)
243.291 Plan
eligibility; costs to be paid by participants; fees
243.296 Board
to develop method to make plan available; education program
(Retirees)
243.302 Grouping
retired and nonretired employees for health insurance
coverage
LOCAL GOVERNMENT HEALTH COVERAGE
CONTRACTS
243.303 Local
government authority to make health care insurance coverage available to
retired officers and employees, spouses and children
AFFIRMATIVE ACTION
243.305 Policy
of affirmative action and fair and equal employment opportunities and
advancement
243.315 Director
of Affirmative Action; duties; appointment; confirmation; legislative and
judicial branches to monitor own programs
LEAVES OF ABSENCE FOR ATHLETIC
COMPETITION
243.325 “Public
employee” defined
243.330 Leaves
of absence for athletic competition; requirements; maximum period;
reinstatement
243.335 Reimbursement
to public employer
SMOKING IN STATE OFFICES
243.345 Smoking
in places of state employment; policy statement
243.350 Personnel
Division rules restricting smoking in places of state employment
DEFERRED COMPENSATION PLANS
(Definitions)
243.401 Definitions
for ORS 243.401 to 243.507
(Deferred Compensation Fund)
243.411 Deferred
Compensation Fund
243.416 State
Treasurer as fund custodian; administration
243.421 Investment
program for fund; securities law not applicable
243.426 Accounts;
use for administrative expenses
243.428 Forfeited
payments; use of moneys
(State Deferred Compensation Plan)
243.435 Plan
contents; assets held in trust; use of moneys; recovery of overpayments;
assignment of benefits prohibited
243.440 Salary
reduction for deferred compensation plan; amount; payment
243.445 Employee
choice of plans; choice not binding; change in value of employee assets not to
affect net worth of state
243.450 Disclosure
statement; contents
243.460 Effect
of deferred compensation on current taxable income and on retirement programs
243.462 Option
to defer compensation on after-tax basis
243.465 Rollover
distribution of deferred amounts to beneficiary
243.470 Administration
of deferred compensation program; rules
243.472 Costs
of plan administration assessed against participants; apportionment of
expenses; expenses not board budgeted items
(Local Government Deferred Compensation
Plans)
243.474 Investment
of local government plan assets through investment program; agreement with
Public Employees Retirement System; charges against participants
243.476 Compliance
with federal requirements
243.478 Plan
administration agreements; costs
(Immunities)
243.482 Immunity
of governmental agencies from liability for plan administration or investment
of funds
(Deferred Compensation Advisory
Committee)
243.505 Deferred
Compensation Advisory Committee
(Payment of Deferred Compensation to
Alternate Payee)
243.507 Payment
of deferred compensation to alternate payee under judgment or order; procedure;
compliance with state and federal requirements; administrative expenses;
limitations; rules
DEPENDENT CARE ASSISTANCE PLAN
243.550 Dependent
care assistance plan
EXPENSE REIMBURSEMENT PLAN
243.555 Definitions
for ORS 243.555 to 243.575
243.560 Rulemaking;
charge for administration; records
243.565 Administration
of plan
243.570 Compensation
reduction agreement
243.575 Computation
of retirement and pension benefits; taxable income
243.585 Accounting
system allowances for dedication of salary
COLLECTIVE BARGAINING
(Generally)
243.650 Definitions
for ORS 243.650 to 243.782
243.656 Policy
statement
243.662 Rights
of public employees to join labor organizations
243.666 Certified
or recognized labor organization as exclusive employee group representative;
protection of employee nonassociation rights
(Unfair Labor Practices)
243.672 Unfair
labor practices; complaints; filing fees
243.676 Processing
of unfair labor practice complaints; civil penalties
(Representation Matters)
243.682 Representation
questions; investigation and hearings on petitions; certification without
election; rules; elections
243.686 Representation
elections; ballot form; determining organization to be certified; consent
elections
243.692 Limitation
on successive representation elections
(Bargaining; Mediation; Fact-Finding)
243.696 State
agency representatives in bargaining; Chief Justice as representative of
judicial branch
243.698 Expedited
bargaining process; notice; implementation of proposed changes
243.702 Renegotiation
of invalid provisions in agreements
243.706 Agreement
may provide for grievance and other disputes to be resolved by binding arbitration
or other resolution process; powers of arbitrator
243.712 Mediation
upon failure to agree after 150-day period; impasse; final offer; fact-finding;
effect of subsequent arbitration decision
243.716 Use
of volunteers not contracting out for services
243.722 Fact-finding
procedure; costs; basis for findings and opinions; effect of subsequent
arbitration decision
(Strikes)
243.726 Public
employee strikes; equitable relief against certain strikes; effect of unfair
labor practice charge on prohibited strike
243.732 Refusal
to cross picket line as prohibited strike
243.736 Strikes
by deputy district attorneys and certain emergency and public safety personnel
243.738 Strikes
by employees of mass transit districts, transportation districts and municipal
bus systems
(Arbitration)
243.742 Binding
arbitration when strike prohibited
243.746 Selection
of arbitrator; arbitration procedure; last best offers; bases for findings and
opinions; sharing arbitration costs
243.752 Arbitration
decision final; enforcement; effective date of compensation increases;
modifying award
243.756 Employment
conditions during arbitration
243.762 Alternative
arbitration procedure under collective bargaining agreement
(Miscellaneous)
243.766 Board
duties in administration of collective bargaining laws; rules
243.772 Effect
of collective bargaining laws on local charters and ordinances
243.776 Rights
and responsibilities of public employees
243.778 Student
representation when bargaining unit includes public university faculty; duties
of student representatives; confidentiality requirements
243.782 Representation
by counsel authorized
OPTIONAL RETIREMENT PLAN FOR HIGHER
EDUCATION EMPLOYEES
243.800 Optional
retirement plan for certain academic and administrative higher education
employees
TAX-SHELTERED ANNUITIES FOR EDUCATIONAL
EMPLOYEES
243.820 Agreement
for payment of annuity premium or investment in stock of regulated investment
company
243.830 Effect
of agreement on retirement contributions and benefits
COACHES PLAN
243.850 Qualified
football coaches plan; participation; salary deduction
OREGON EDUCATORS BENEFIT BOARD
243.860 Definitions
for ORS 243.860 to 243.886
243.862 Oregon
Educators Benefit Board; members; term; expenses; officers; quorum; meetings;
confirmation
243.864 Duties;
rules; contracts; personnel
243.866 Benefit
plans; criteria; coverage options; payroll deductions; rules
243.868 Benefit
plans for other than health and dental benefits; premiums; district plans
243.870 Long
term care benefit plans
243.872 Board
to develop methods to make long term care benefit plans available; educational
materials
243.874 Flexible
benefit plans; rules
243.876 Payroll
deductions; reports
243.878 Board
authority with respect to health benefit plans; termination of participation of
district
243.879 Reimbursement
methodology for payment to hospitals
243.880 Oregon
Educators Benefit Account; continuing appropriation; monthly deposits
243.882 Monthly
assessment of participating districts; purposes; maximum account balance
243.884 Oregon
Educators Revolving Fund; continuous appropriation to board; purposes; rules;
moneys paid into fund
243.886 Limitations
on district participation in benefit plans; exceptions
(Temporary provisions relating to Task
Force on Educator Health Benefits are compiled as notes following ORS 243.886)
HIGHER EDUCATION SUPPLEMENTAL RETIREMENT
BENEFITS
243.910 Definitions
for ORS 243.910 to 243.945
243.920 Assisting
employees to obtain supplemental benefits; employee contribution
243.930 Board
contributions; investment; purchase of benefits
243.935 Employer
assumption of full amount of employee contributions
243.940 Employee
election; cancellation of election
243.945 Employees
not eligible for assistance
PUBLIC SAFETY MEMORIAL FUND
243.950 Public
Safety Memorial Fund
243.952 Public
Safety Memorial Fund Board; officers; quorum; meetings; staff
243.954 Definitions
for ORS 243.954 to 243.974
243.956 Eligibility
for benefits from fund; types of benefits
243.958 Initial
application for benefits
243.959 Supplemental
application for benefits
243.960 Application
information public record
243.962 Determination
of award amount
243.964 Order
243.966 Reconsideration;
no review
243.968 Payment
of awards
243.969 Payment
of lump sum benefits
243.970 Authority
of board; rules; report
243.972 Gifts;
requirements for tax deductibility
243.974 Designation
of beneficiary form; notice required when public safety officer suffers
qualifying death or disability
LIFE INSURANCE FOR POLICE AND FIREFIGHTERS
243.005 Definitions for ORS 243.005 to
243.045. As used in ORS 243.005 to 243.045:
(1)
“Firefighter” means persons employed by a city, county or district whose duties
involve fire fighting and includes a volunteer firefighter whose position normally
requires less than 600 hours of service per year.
(2)
“Police officer” includes police chiefs and police officers of a city who are
classified as police officers by the council or other governing body of the
city; police officers commissioned by a university under ORS 352.383 who are
classified as police officers by the university; sheriffs and those deputy
sheriffs whose duties, as classified by the county governing body are the
regular duties of police officers; employees of districts, whose duties, as
classified by the governing body of the district are the regular duties of
police officers; employees of the Department of State Police who are classified
as police officers by the Superintendent of State Police; employees of the
Criminal Justice Division of the Department of Justice who are classified by
the Attorney General as criminal investigators or criminal financial
investigators; employees of the Oregon State Lottery Commission who are
classified by the Director of the Oregon State Lottery as enforcement agents;
and employees of Department of Corrections institutions as defined in ORS
421.005 whose duties, as assigned by the superintendent, include the custody of
persons committed to the custody of or transferred to the Department of
Corrections institution; but “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 a city, a county or the state, or one of its agencies
or political subdivisions that employs police officers or firefighters. [1971
c.692 §6; 1985 c.302 §11; 1987 c.320 §149; 1991 c.67 §61; 2001 c.33 §1; 2011
c.506 §35]
243.010
[Amended by 1955 c.203 §1; 1959 c.162 §1; 1969 c.597 §141; repealed by 1971
c.692 §14]
243.015 Life insurance for police and
firefighters. The Oregon Department of Administrative
Services shall enter into a contract with an insurance company licensed to do
business in this state to purchase insurance as described in ORS 243.025 for
all police officers and firefighters in the service of public employers. [1971
c.692 §7; 1973 c.409 §1; 1991 c.67 §62]
243.020
[Amended by 1955 c.203 §2; 1955 c.503 §1; 1957 c.204 §1; 1959 c.162 §2;
repealed by 1971 c.692 §14]
243.025 Issuance of $10,000 life insurance
certificate. When the Oregon Department of
Administrative Services has awarded the contract under ORS 243.015, every
police officer and firefighter in the service of a public employer shall be
issued, pursuant to the contract provided for in ORS 243.015, a certificate of
insurance in the face amount of $10,000, covering death caused by injury
sustained during working hours as a police officer or firefighter or death
resulting from such an injury within 365 days. The insurance certificate shall
set forth the names of any beneficiaries whom the insured may designate. [1971
c.692 §8; 1973 c.409 §2; 1991 c.67 §63]
243.030
[Amended by 1955 c.203 §3; repealed by 1955 c.503 §2]
243.035 Premiums and administrative costs
to be budgeted and paid by public employers. (1)
The premiums and administrative costs incurred by the Oregon Department of
Administrative Services for the insurance provided for in ORS 243.005 to
243.045 shall be paid by the affected public employers and shall not come from
funds of the Public Employees Retirement System.
(2)
Every public employer shall include in its budget amounts sufficient to pay the
annual premiums accruing on the policies of insurance issued pursuant to ORS
243.005 to 243.045, and amounts sufficient to reimburse the Oregon Department
of Administrative Services for its administrative expenses incurred under ORS
243.005 to 243.045. [Subsection (1) enacted as 1971 c.692 §9; subsection (2)
enacted as 1971 c.692 §10]
243.040
[Amended by 1955 c.203 §4; 1959 c.162 §3; repealed by 1971 c.692 §14]
243.045 Police and firefighters considered
common group for certain purposes. For purposes
of the Insurance Code, police officers and firefighters are considered to be
associated in a common group formed for purposes other than the obtaining of
insurance. [1971 c.692 §11; 1973 c.409 §3; 1991 c.67 §64]
243.050
[Amended by 1955 c.203 §5; 1959 c.162 §4; 1969 c.502 §6; repealed by 1971 c.692
§14]
243.055 Exemption from requirements of ORS
243.005 to 243.045 for certain public employers.
(1) Notwithstanding ORS 243.005 to 243.045, if a public employer provides
benefits equal to or better than the insurance required under ORS 243.025, as
determined by the Director of the Department of Consumer and Business Services,
the public employer is exempt from the requirements of ORS 243.005 to 243.045
for so long as such benefits continue to be equal or better than the insurance
required, as determined by the Director of the Department of Consumer and
Business Services.
(2)
Determinations pursuant to subsection (1) of this section shall be made after
reasonable notice and opportunity for hearing as provided in ORS chapter 183. [1971
c.692 §12; 1973 c.612 §13]
243.060
[Amended by 1955 c.203 §6; 1957 c.204 §2; 1959 c.162 §5; 1969 c.502 §7;
repealed by 1971 c.692 §14]
PUBLIC EMPLOYEES’ BENEFIT BOARD
243.061 Public Employees’ Benefit Board;
members; term; confirmation; expenses. (1) There is
created in the Oregon Health Authority the Public Employees’ Benefit Board consisting
of eight voting members and two members of the Legislative Assembly as
nonvoting advisory members. Two of the voting members are ex officio members
and six are appointed by the Governor. The voting members shall be:
(a)
Four members representing the state as an employer and management employees,
who shall be as follows:
(A)
The Director of the Oregon Health Authority or a designee of the director;
(B)
The Administrator of the Office for Oregon Health Policy and Research or a
designee of the administrator; and
(C)
Two management employees appointed by the Governor from areas of state
government other than the Oregon Health Authority or the Office for Oregon
Health Policy and Research; and
(b)
Four members appointed by the Governor and representing nonmanagement
representable employees, who shall be as follows:
(A)
Two persons from the largest employee representative unit;
(B)
One person from the second largest employee representative unit; and
(C)
One person from representable employees not represented
by employee representative units described in subparagraphs (A) and (B) of this
paragraph.
(2)
One member of the Senate shall be appointed by the President of the Senate and
one member of the House of Representatives shall be appointed by the Speaker of
the House to serve as nonvoting advisory members.
(3)
The term of office of each appointed voting member is four years, but an
appointed voting member serves at the pleasure of the Governor. Before the
expiration of the term of a voting member appointed by the Governor, the
Governor shall appoint a successor to take office upon the date of that
expiration. A member is eligible for reappointment. If there is a vacancy for
any cause, the Governor shall make an appointment to become immediately effective
for the unexpired term.
(4)
The appointments by the Governor of voting members of the board are subject to
confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565.
(5)
Members of the board who are not members of the Legislative Assembly shall
receive no compensation for their services, but shall be paid for their
necessary and actual expenses while on official business in accordance with ORS
292.495. Members of the board who are members of the Legislative Assembly shall
be paid compensation and expense reimbursement as provided in ORS 171.072,
payable from funds appropriated to the Legislative Assembly. [1997 c.222 §1;
2011 c.720 §70]
Note:
243.061 and 243.066 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 243 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
243.066 Officers; quorum; meetings.
(1) The Public Employees’ Benefit Board shall select one of its appointed
voting members as chairperson and another appointed voting member as vice
chairperson, for terms and with duties and powers necessary for the performance
of the functions of those offices as the board determines.
(2)
A majority of the voting members of the board constitutes a quorum for the
transaction of business.
(3)
The board shall meet at times and places specified by the call of the
chairperson or of a majority of the voting members of the board. [1997 c.222 §3]
Note: See
note under 243.061.
243.070
[Repealed by 1971 c.692 §14]
BENEFIT PLANS
(Generally)
243.105 Definitions for ORS 243.105 to
243.285. As used in ORS 243.105 to 243.285,
unless the context requires otherwise:
(1)
“Benefit plan” includes, but is not limited to:
(a)
Contracts for insurance or other benefits, including medical, dental, vision,
life, disability and other health care recognized by state law, and related
services and supplies;
(b)
Comparable benefits for employees who rely on spiritual means of healing; and
(c)
Self-insurance programs managed by the Public Employees’ Benefit Board.
(2)
“Board” means the Public Employees’ Benefit Board.
(3)
“Carrier” means an insurance company or health care service contractor holding
a valid certificate of authority from the Director of the Department of
Consumer and Business Services, or two or more companies or contractors acting
together pursuant to a joint venture, partnership or other joint means of
operation, or a board-approved guarantor of benefit plan coverage and compensation.
(4)(a)
“Eligible employee” means an officer or employee of a state agency who elects
to participate in one of the group benefit plans described in ORS 243.135. The
term includes state officers and employees in the exempt, unclassified and
classified service, and state officers and employees, whether or not retired,
who:
(A)
Are receiving a service retirement allowance, a disability retirement allowance
or a pension under the Public Employees Retirement System or are receiving a
service retirement allowance, a disability retirement allowance or a pension
under any other retirement or disability benefit plan or system offered by the
State of Oregon for its officers and employees;
(B)
Are eligible to receive a service retirement allowance under the Public
Employees Retirement System and have reached earliest retirement age under ORS
chapter 238;
(C)
Are eligible to receive a pension under ORS 238A.100 to 238A.245, and have
reached earliest retirement age as described in ORS 238A.165; or
(D)
Are eligible to receive a service retirement allowance or pension under another
retirement benefit plan or system offered by the State of Oregon and have
attained earliest retirement age under the plan or system.
(b)
“Eligible employee” does not include individuals:
(A)
Engaged as independent contractors;
(B)
Whose periods of employment in emergency work are on an intermittent or
irregular basis;
(C)
Who are employed on less than half-time basis unless the individuals are
employed in positions classified as job-sharing positions, unless the
individuals are defined as eligible under rules of the board;
(D)
Appointed under ORS 240.309;
(E)
Provided sheltered employment or make-work by the state in an employment or
industries program maintained for the benefit of such individuals; or
(F)
Provided student health care services in conjunction with their enrollment as
students at a public university listed in ORS 352.002.
(5)
“Family member” means an eligible employee’s spouse and any unmarried child or
stepchild within age limits and other conditions imposed by the board with
regard to unmarried children or stepchildren.
(6)
“Payroll disbursing officer” means the officer or official authorized to
disburse moneys in payment of salaries and wages of employees of a state
agency.
(7)
“Premium” means the monthly or other periodic charge for a benefit plan.
(8)
“State agency” means every state officer, board, commission, department or
other activity of state government. [1971 c.527 §1; 1979 c.302 §3; 1979 c.468 §30a;
1981 c.773 §1; 1983 c.640 §1; 1985 c.224 §2; 1985 c.635 §4; 1991 c.89 §1; 1997
c.222 §27; 1999 c.971 §3; 2003 c.640 §1; 2003 c.733 §68; 2007 c.789 §3; 2009
c.186 §2; 2011 c.637 §76]
243.107 Employees of public universities
eligible to participate in benefit plan. A person
employed by a public university listed in ORS 352.002 or the Oregon Health and
Science University may be considered an eligible employee for participation in
one of the group benefit plans described in ORS 243.135 if the State Board of
Higher Education, or the Oregon Health and Science University Board of
Directors for Oregon Health and Science University employees, determines that
funds are available therefor and if:
(1)
Notwithstanding ORS 243.105 (4)(b)(F), the person is a student enrolled in an
institution of higher education and is employed as a graduate teaching
assistant, graduate research assistant or a fellow at the institution and
elects to participate; or
(2)
Notwithstanding ORS 243.105 (4)(b)(B) or (C), the person is employed on a less
than half-time basis in an unclassified instructional or research support
capacity and elects to participate. [1983 c.266 §2; 1991 c.89 §2; 1995 c.162 §65;
1997 c.222 §28; 1999 c.971 §4; 2011 c.637 §77]
243.110 [1955
c.313 §1; 1959 c.540 §1; 1963 c.313 §1; repealed by 1967 c.627 §12]
243.115 [1971
c.527 §2; 1973 c.792 §7; 1989 c.563 §1; 1993 c.500 §9; repealed by 1997 c.222 §54]
243.120 [1963
c.331 §8; 1967 c.267 §1; repealed by 1967 c.627 §12]
243.125 Powers and duties of board; rules;
compensation and expenses. (1) The Public Employees’
Benefit Board shall prescribe rules for the conduct of its business and for
carrying out ORS 243.256. The board shall study all matters connected with the
providing of adequate benefit plan coverage for eligible state employees on the
best basis possible with relation both to the welfare of the employees and to
the state. The board shall design benefits, devise specifications, analyze
carrier responses to advertisements for bids and decide on the award of contracts.
Contracts shall be signed by the chairperson on behalf of the board.
(2)
In carrying out its duties under subsection (1) of this section, the goal of
the board shall be to provide a high quality plan of health and other benefits
for state employees at a cost affordable to both the employer and the
employees.
(3)
Subject to ORS chapter 183, the board may make rules not inconsistent with ORS
243.105 to 243.285 and 292.051 to determine the terms and conditions of
eligible employee participation and coverage.
(4)
The board shall prepare specifications, invite bids and do acts necessary to
award contracts for health benefit plan and dental benefit plan coverage of
eligible employees in accordance with the criteria set forth in ORS 243.135
(1).
(5)
The board may retain consultants, brokers or other advisory personnel when
necessary and, subject to the State Personnel Relations Law, shall employ such
personnel as are required to perform the functions of the board. [1971 c.527 §3;
1975 c.560 §1; 1975 c.667 §1a; 1983 c.640 §2; 1987 c.879 §9; 1997 c.222 §29;
2001 c.655 §5; 2011 c.418 §10]
243.130 [1981
c.93 §4; repealed by 1997 c.222 §54]
243.135 Health benefit plans for public
employees; terms and conditions. (1)
Notwithstanding any other benefit plan contracted for and offered by the Public
Employees’ Benefit Board, the board shall contract for a health benefit plan or
plans best designed to meet the needs and provide for the welfare of eligible
employees and the state. In considering whether to enter into a contract for a
plan, the board shall place emphasis on:
(a)
Employee choice among high quality plans;
(b)
A competitive marketplace;
(c)
Plan performance and information;
(d)
Employer flexibility in plan design and contracting;
(e)
Quality customer service;
(f)
Creativity and innovation;
(g)
Plan benefits as part of total employee compensation; and
(h)
The improvement of employee health.
(2)
The board may approve more than one carrier for each type of plan contracted
for and offered but the number of carriers shall be held to a number consistent
with adequate service to eligible employees and their family members.
(3)
Where appropriate for a contracted and offered health benefit plan, the board
shall provide options under which an eligible employee may arrange coverage for
family members.
(4)
Payroll deductions for such costs as are not payable by the state may be made
upon receipt of a signed authorization from the employee indicating an election
to participate in the plan or plans selected and the deduction of a certain sum
from the employee’s pay.
(5)
In developing any health benefit plan, the board may provide an option of
additional coverage for eligible employees and their family members at an
additional cost or premium.
(6)
Transfer of enrollment from one plan to another shall be open to all eligible
employees and their family members under rules adopted by the board. Because of
the special problems that may arise in individual instances under comprehensive
group practice plan coverage involving acceptable physician-patient relations
between a particular panel of physicians and particular eligible employees and
their family members, the board shall provide a procedure under which any
eligible employee may apply at any time to substitute a health service benefit
plan for participation in a comprehensive group practice benefit plan.
(7)
The board shall evaluate a benefit plan that serves a limited geographic region
of this state according to the criteria described in subsection (1) of this
section. [1971 c.527 §4; 1975 c.560 §2; 1977 c.313 §1; 1983 c.640 §3; 1997
c.222 §30; 2010 c.49 §1]
243.140 Health benefit and dental plans
for persons operating foster homes. (1) Persons
whose homes are certified as a foster home by the Department of Human Services
under ORS 418.630 and as defined in ORS 418.625 (3) may participate in a health
benefit plan available to state employees pursuant to ORS 243.105 to 243.285 at
the expense of the foster parent. For such purposes, foster parents shall be considered
eligible employees.
(2)
A person who maintains a developmental disability child foster home that is
certified by the department under ORS 443.830 and 443.835 may participate in a
health benefit plan available to state employees pursuant to ORS 243.105 to
243.285 at the expense of the person. For such purposes, the person maintaining
the home shall be considered an eligible employee.
(3)
Persons who participate in the health benefit plan pursuant to subsections (1)
and (2) of this section may also participate in a dental plan available to
state employees pursuant to ORS 243.105 to 243.285 at the expense of the foster
parent or the person maintaining the developmental disability child foster
home. [1989 c.550 §3; 1991 c.578 §1; 1997 c.222 §31; 1999 c.316 §8; 2001 c.900 §239]
Note:
243.140 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 243 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
243.145 Board authority with respect to
health benefit plans; termination of participation of state agency.
(1) The Public Employees’ Benefit Board shall have authority to employ whatever
means are reasonably necessary to carry out the purposes of ORS 243.105 to
243.285 and 292.051. Such authority shall include but is not limited to
authority to self-insure and to seek clarification, amendment, modification,
suspension or termination of any agreement or contract that in the board’s
judgment requires such action.
(2)
Upon providing specific notice in writing to the carrier, the affected employee
organization or organizations, the Oregon Health Authority and affected,
eligible employees, and after affording opportunity for a public hearing upon
the issues that may be involved, the board may enter an order withdrawing
approval of any benefit plan. Thirty days after entry of the order, the board
shall terminate all withholding authorizations of eligible employees and
terminate all board-approved participation in the plan.
(3)
The board by order may terminate the participation of any state agency if
within three months the state agency fails to perform any action required by
ORS 243.105 to 243.285 and 292.051 or by board rule. [1971 c.527 §5; 1997 c.222
§32; 2003 c.640 §2; 2011 c.720 §71]
243.155 [1971
c.527 §6; 1975 c.667 §2; repealed by 1997 c.222 §54]
243.157 [1985
c.224 §4; repealed by 1991 c.969 §7]
243.160 Eligibility of retired state
officer or employee to participate in dental benefit plan; rules.
A retired state officer or employee is not required to participate in one of
the group benefit plans described in ORS 243.135 in order to obtain dental
benefit plan coverage. The Public Employees’ Benefit Board shall establish by
rule standards of eligibility for retired officers or employees to participate
in a dental benefit plan. [1981 c.773 §4; 1991 c.16 §1]
243.163 Eligibility of former member of
Legislative Assembly to participate in group benefit plan.
A member of the Legislative Assembly who is receiving a pension or annuity
under ORS 238.092 (1)(a) shall be eligible to participate as a retired state
officer in one of the group benefit plans described in ORS 243.135 after the
member ceases to be a member of the Legislative Assembly if the member applies
to the Public Employees’ Benefit Board within 60 days after the member ceases
to be a member of the Legislative Assembly. [1989 c.799 §16; 1997 c.222 §33]
243.165 Public Employees’ Benefit Account;
continuing appropriation to account. (1) There hereby
is created in the General Fund an account to be known as the Public Employees’
Benefit Account, the balances of which are continuously appropriated to cover
administrative expenses incurred in connection with the administration of ORS
243.105 to 243.285 and 292.051.
(2)
There hereby is appropriated to the Public Employees’ Benefit Account, subject
to ORS 243.185, an amount not to exceed two percent of the monthly employer and
employee contributions for any benefit available under ORS 243.105 to 243.285
and 292.051. [1971 c.527 §7; 1997 c.222 §34; 2001 c.655 §3]
243.167 Public Employees’ Revolving Fund;
continuing appropriation to fund. (1) There is
created the Public Employees’ Revolving Fund, separate and distinct from the
General Fund. The balances of the Public Employees’ Revolving Fund are
continuously appropriated to cover expenses incurred in connection with the
administration of ORS 243.105 to 243.285 and 292.051. Assets of the Public
Employees’ Revolving Fund may be retained for limited periods of time as
established by the Public Employees’ Benefit Board by rule. Among other
purposes, the board may retain the funds to control expenditures, stabilize
benefit premium rates and self-insure. The board may establish subaccounts
within the Public Employees’ Revolving Fund.
(2)
There is appropriated to the Public Employees’ Revolving Fund all unused
employer contributions for employee benefits and all refunds, dividends, unused
premiums and other payments attributable to any employee contribution or employer
contribution made from any carrier or contractor that has provided employee
benefits administered by the board, and all interest earned on such moneys. [2001
c.655 §2; 2003 c.640 §3]
Note:
243.167 was added to and made a part of 243.105 to 243.285 by legislative
action but was not added to any other series. See Preface to Oregon Revised
Statutes for further explanation.
243.170 Contributions for job-share
employees limited. When more than one individual
shares a single position that is classified as a job-sharing position, the
state shall contribute to obtain coverage for the individuals a total amount
not greater than the amount that would be contributed to obtain coverage for
one individual in the same position. The individuals shall receive credit for
the state contribution in such proportions as they and the employer agree upon,
and each individual who desires coverage shall make further contribution in
such amounts as may be appropriate. [1997 c.222 §25]
243.175 [1971
c.527 §8; 1973 c.225 §1; 1975 c.667 §3; 1977 c.570 §3; 1979 c.302 §1; repealed
by 1997 c.222 §54]
243.180 [1975
c.667 §5; 1977 c.570 §4; 1979 c.302 §2; 1979 c.538 §2; repealed by 1997 c.222 §54]
243.182 [1981
c.93 §3; repealed by 1997 c.222 §54]
243.185 Transfer of moneys from General
Fund for payment of costs of health benefit plans.
Subject to legislative or Emergency Board approval of budgetary authorization
for operation of the Public Employees’ Benefit Board and its administration of
the health benefit plans and other duties under ORS 243.105 to 243.285 and
292.051, an amount not to exceed two percent of the employer and employee
contributions shall be forwarded by each payroll disbursing officer to the
board and deposited by it in the State Treasury to the credit of the Public
Employees’ Benefit Account to meet administrative and other costs authorized by
ORS 243.105 to 243.285 and 292.051. The board shall take action to ensure that
the balance in the account does not exceed five percent of the monthly total of
employer and employee contributions for more than 120 days. [1971 c.527 §9;
1997 c.222 §35; 2001 c.655 §4]
243.195 [1971
c.527 §10; repealed by 1997 c.222 §54]
243.200 Participation of self-pay groups
in benefit plans. (1)(a) The Public Employees’
Benefit Board may allow self-pay groups to participate in benefit plans
available to eligible state employees, if the group meets a minimum
participation level equal to 75 percent of the persons in the group.
(b)
Notwithstanding paragraph (a) of this subsection, the board may allow nurses or
nurse educators who are employed less than half-time by a state agency or
university and who are not otherwise eligible for a state contribution for
benefits to participate in a self-pay group without any minimum participation level
of persons in the group.
(2)
Nothing in subsection (1) of this section applies to:
(a)
Any person or group of persons similarly situated exempted by state or federal
law from any minimum participation requirement; or
(b)
Any person or group of persons participating prior to January 1, 1992, in a
benefit plan that was offered by the State Employes’
Benefit Board.
(3)
As used in subsection (1) of this section, “self-pay group” means a group of
persons other than state employees for whom the state makes no contributions
for benefit plans under ORS 243.105 to 243.285. [1991 c.577 §4; 1997 c.222 §36;
2009 c.186 §1]
243.205 Reports.
The payroll disbursing officer shall submit reports to the Public Employees’
Benefit Board regarding health care coverage for eligible or participating
employees as the board considers desirable. [1971 c.527 §11; 1997 c.222 §37]
243.215 Certain eligible employees
permitted to receive state contributions for health benefit plans of their
choice; rules. Any eligible employee unable to
participate in one or more of the plans described in ORS 243.135 (1) solely
because the employee is assigned to perform duties outside the state may be
eligible to receive the monthly state contribution, less administrative
expenses, as payment of all or part of the cost of a health benefit plan of
choice, subject to the approval of the Public Employees’ Benefit Board and such
rules as the board may adopt. [1971 c.527 §13]
243.220 [1977
c.675 §1; renumbered 243.345]
(Miscellaneous)
243.221 Options that may be offered under
flexible benefit plan. (1) In addition to the powers
and duties otherwise provided by law to provide employee benefits, the Public
Employees’ Benefit Board may provide, administer and maintain flexible benefit
plans under which eligible employees of this state may choose among taxable and
nontaxable benefits as provided in the federal Internal Revenue Code.
(2)
In providing flexible benefit plans, the board may offer:
(a)
Health or dental benefits as provided in ORS 243.125 and 243.135.
(b)
Other insurance benefits as provided in ORS 243.275.
(c)
Dependent care assistance as provided in ORS 243.550.
(d)
Expense reimbursement as provided in ORS 243.560.
(e)
Any other benefit that may be excluded from an employee’s gross income under
the federal Internal Revenue Code.
(f)
Any part or all of the state contribution for employee benefits in cash to the
employee.
(3)
In developing flexible benefit plans under this section, the board shall design
the plan on the best basis possible with relation to the welfare of employees
and to the state. [1989 c.804 §2; 1997 c.222 §38]
243.223 Rules for flexible benefit plans;
costs. (1) In providing flexible benefit plans
under ORS 243.221, the Public Employees’ Benefit Board shall adopt rules as are
considered necessary for the establishment and administration of the plans.
(2)
The board may assess a charge to participating employees to pay the cost of
administering the plans and may pay some or all of such cost from funds
authorized to pay general administrative expenses incurred by the board.
(3)
The board may contract with private organizations for administration of
flexible benefit plans in accordance with rules adopted under subsection (1) of
this section. [1989 c.804 §3; 1997 c.222 §39]
243.225 [1977
c.675 §2; renumbered 243.350]
243.230 [1979
c.469 §2; 1985 c.224 §5; 1987 c.158 §36; 1989 c.1006 §6; repealed by 1997 c.222
§54]
243.232 [1983
c.266 §4; 1995 c.612 §16; repealed by 1997 c.222 §54]
243.235 [1979
c.469 §3; 1989 c.1006 §1; repealed by 1997 c.222 §54]
243.240 [1979
c.469 §5; repealed by 1997 c.222 §54]
243.245 [1979
c.469 §6; repealed by 1997 c.222 §54]
243.250 [1979
c.469 §7; repealed by 1997 c.222 §54]
243.252 Payment of cost for employees or
retirees. (1) The state may pay none of the cost
of making health benefit plan coverage available to a retired state employee
who is an eligible employee and to family members or may agree, by collective
bargaining agreement or otherwise, to pay part or all of that cost.
(2)
Nothing in subsection (1) of this section or other law, except ORS 243.886,
prohibits a collective bargaining unit from agreeing with an employer that is a
public body, as defined in ORS 174.109, to establish a retiree medical trust,
voluntary employees’ beneficiary association, health reimbursement arrangement
or other agreement for health care expenses of employees or retirees if the
provisions of the trust, association, arrangement or other agreement comply
with the requirements of the Insurance Code. [1985 c.224 §7; 2009 c.467 §1]
243.253 [1981
c.773 §2; repealed by 1997 c.222 §54]
243.255 [1979
c.469 §8; repealed by 1997 c.222 §54]
243.256 Reimbursement methodology for
payment to hospitals. (1) A hospital that provides
services or supplies under a benefit plan offered by the Public Employees’
Benefit Board shall be reimbursed using the methodology prescribed by the
Oregon Health Authority under ORS 442.392 and may not be reimbursed for each
service or supply provided.
(2)
This section applies to hospital payments made by a carrier under a contract
with the board and to hospital payments made under a self-insurance program
administered by a third party administrator on behalf of the board.
(3)
This section does not apply to reimbursements paid by a carrier or third party
administrator to a hospital that is not subject to the methodology prescribed
by the authority under ORS 442.392. [2011 c.418 §6]
243.260 [1979
c.469 §9; repealed by 1997 c.222 §54]
243.265 [1979
c.469 §10; repealed by 1997 c.222 §54]
243.270 [1979
c.469 §11; repealed by 1997 c.222 §54]
243.275 Additional benefit plans
authorized; assessment for expenses. (1) In
addition to contracting for health and dental benefit plans, the Public
Employees’ Benefit Board may contract with carriers to provide at the expense
of participating eligible employees and with or without state participation for
coverage, including but not limited to, insurance or other benefit based on
life, supplemental medical, supplemental dental, optical, accidental death or
disability insurance plans.
(2)
The monthly contribution of each eligible employee for other benefit plan or
plans coverage, as described in subsection (1) of this section, shall be the
total cost per month of the benefit coverage afforded the employee under the
plan or plans, for which the employee exercises an option, including the cost
of enrollment of such eligible employees and administrative expenses therefor.
(3)
For any benefit plan or plans described in subsection (1) of this section in
which the state participates, the monthly contribution of each eligible
employee for the benefit plan, for which the employee exercises an option and
there is state participation, shall be reduced by an amount equal to the
portion thereof contributed by the state, including the cost of enrollment of
the eligible employee and the administrative expenses therefor.
(4)
The board may withdraw approval of any such additional benefit plan coverage in
the same manner as it withdraws approval of health benefit plans as described
and authorized by ORS 243.145.
(5)
If any state agency contracts for any of the benefits described in subsection
(1) of this section on behalf of any state employees, the administrative
expenses thereof shall be paid by assessment of the participating employees.
Such contracts are subject to approval of the board before they become
operative. The board may withdraw approval for any such benefit in the same
manner as it withdraws approval under ORS 243.145. [1979 c.469 §12; 1997 c.222 §40]
243.280 [1979
c.469 §14; repealed by 1997 c.222 §54]
243.285 Salary deductions; payment of
moneys deducted. (1) Upon receipt of the request
in writing of an eligible employee so to do, the payroll disbursing officer
authorized to disburse funds in payment of the salary or wages of the eligible
employee may deduct from the salary or wages of the employee an amount of money
indicated in the request for payment of the applicable amount set forth in
benefit plans selected by the employee or selected on the employee’s behalf
for:
(a)
Group health and related services and supplies, including such insurance for
family members of the eligible employee.
(b)
Group life insurance, including life insurance for family members of the
eligible employee.
(c)
Group dental and related services and supplies, or any other remedial care
recognized by state law and related services and supplies, recognized under
state law, including such insurance for family members of the eligible
employee.
(d)
Group indemnity insurance for accidental death and dismemberment and for loss
of income due to accident, sickness or other disability, including such
insurance for family members of the eligible employee.
(e)
Other benefits, including self-insurance programs, that are approved and
provided by the Public Employees’ Benefit Board.
(2)
Moneys deducted under subsection (1) of this section shall be paid over
promptly:
(a)
To the carriers or persons responsible for payment of premiums to carriers, in
accordance with the terms of the contracts made by the eligible employees or on
their behalf; or
(b)
With respect to self-insurance benefits, in accordance with rules, procedures
and directions of the Public Employees’ Benefit Board. [1979 c.469 §13; 1997
c.222 §41; 2003 c.640 §4]
243.290 [1979
c.469 §15; repealed by 1997 c.222 §54]
(Long Term Care Insurance)
243.291 Plan eligibility; costs to be paid
by participants; fees. (1) The Public Employees’
Benefit Board shall make available one or more fully insured long term care insurance
plans. The plans shall be made available to eligible employees, retired
employees and family members. Notwithstanding ORS 243.105, for purposes of this
subsection, “family members” includes family members as defined by the board
and also includes the parents of the employee or retiree and the parents of the
spouse of the employee or retiree.
(2)
Employees of local governments and employees of political subdivisions may
participate in the plans under terms and conditions established by the board,
if it does not jeopardize the financial viability of the board’s long term care
insurance plans. However, unless the local government or political subdivision
provides otherwise, the employee’s participation is a personal action of the
employee and does not obligate the local government or political subdivision to
pay for the provision of benefits under this subsection.
(3)
Participation of eligible employees or retired employees in any long term care
insurance plan made available by the board is voluntary and is subject to
reasonable underwriting guidelines and eligibility rules established by the
board.
(4)
The employee or retired employee is solely responsible for the payment of the
long term care premium rates developed by the board. The board is authorized to
charge a reasonable administrative fee, in addition to the premium charged by
the long term care insurer, to cover the cost of administration and consumer
education materials. [1997 c.757 §1; 1999 c.59 §60]
Note:
243.291 and 243.296 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 243 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
243.295 [1979
c.469 §16; repealed by 1997 c.222 §54]
243.296 Board to develop method to make
plan available; education program. (1) The
Public Employees’ Benefit Board shall develop effective and cost-effective ways
to make the long term care insurance plans described under ORS 243.291
available.
(2)
The board, in consultation with the Public Employees Retirement System, shall
develop long term care insurance plan design, eligibility rules, underwriting
principles and educational materials in order to:
(a)
Allow eligible employees to continue to participate in the plans after
retirement; and
(b)
Allow former eligible employees to enroll in the plans after retirement.
(3)
The board’s education program for the eligible employees and retired employees
shall provide information on the potential need for long term care, methods of
financing long term care and the availability of long term care insurance plans
offered by the board. [1997 c.757 §2]
Note: See
note under 243.291.
243.300 [1979
c.469 §17; repealed by 1997 c.222 §54]
(Retirees)
243.302 Grouping retired and nonretired employees for health insurance coverage.
The Public Employees’ Benefit Board may group retired state employees and state
employees who are not retired for the purpose of entering into contracts for
health insurance coverage. [1991 c.969 §1; 1997 c.222 §42]
Note:
243.302 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 243 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
LOCAL GOVERNMENT HEALTH COVERAGE
CONTRACTS
243.303 Local government authority to make
health care insurance coverage available to retired officers and employees,
spouses and children. (1) As used in this section:
(a)
“Health care” means medical, surgical, hospital or any other remedial care
recognized by state law and related services and supplies and includes
comparable benefits for persons who rely on spiritual means of healing.
(b)
“Local government” means any city, county, school district or other special
district in this state.
(c)
“Retired employee” means a former officer or employee of a local government who
is retired for service or disability, and who received or is receiving
retirement benefits, under the Public Employees Retirement System or any other
retirement system or plan applicable to officers and employees of the local
government.
(2)
The governing body of any local government that contracts for or otherwise
makes available health care insurance coverage for officers and employees of the
local government shall, insofar as and to the extent possible, make that
coverage available for any retired employee of the local government who elects
within 60 days after the effective date of retirement to participate in that
coverage and, at the option of the retired employee, for the spouse of the
retired employee and any unmarried children under 18 years of age. The health
care insurance coverage shall be made available for a retired employee until
the retired employee becomes eligible for federal Medicare coverage, for the
spouse of a retired employee until the spouse becomes eligible for federal
Medicare coverage and for a child until the child arrives at majority, and may,
but need not, be made available thereafter. The governing body may prescribe
reasonable terms and conditions of eligibility and coverage, not inconsistent
with this section, for making the health care insurance coverage available. The
local government may pay none of the cost of making that coverage available or
may agree, by collective bargaining agreement or otherwise, to pay part or all
of that cost.
(3)
A local government and a health care insurer may not create a group solely for
the purpose of rating or of establishing a premium for health care insurance
coverage of retired employees and their dependents that is separate from the
group for health care insurance coverage of officers and employees of the local
government and their dependents. Nothing in this subsection prevents a local
government from allocating rates or premiums differently among retired
employees and their dependents and officers and employees of the local
government and their dependents once the rating or premium is established. [1981
c.240 §1; 1985 c.224 §1; 2001 c.604 §1; 2003 c.62 §1; 2003 c.694 §1]
Note:
243.303 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 243 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
AFFIRMATIVE ACTION
243.305 Policy of affirmative action and
fair and equal employment opportunities and advancement.
(1) It is declared to be the public policy of Oregon that all branches of state
government shall be leaders among employing entities within the state in
providing to its citizens and employees, through a program of affirmative
action, fair and equal opportunities for employment and advancement in programs
and services and in the awarding of contracts.
(2)
“Affirmative action” means a method of eliminating the effects of past and
present discrimination, intended or unintended, on the basis of race, religion,
national origin, age, sex, marital status or physical or mental disabilities. [1975
c.529 §1; 1981 c.436 §1; 1989 c.224 §35]
243.315 Director of Affirmative Action;
duties; appointment; confirmation; legislative and judicial branches to monitor
own programs. (1) There is hereby created in the
office of the Governor the position of Director of Affirmative Action. The
primary duty of the occupant of this position shall be to direct and monitor
affirmative action programs in all state agencies to implement the public
policy stated in ORS 243.305. The director shall be appointed by the Governor,
subject to confirmation by the Senate pursuant to section 4, Article III of the
Oregon Constitution.
(2)
The legislative and judicial branches shall each select a person to monitor the
effectiveness of the branches’ affirmative action programs. [1975 c.529 §2;
1981 c.436 §2]
LEAVES OF ABSENCE FOR ATHLETIC
COMPETITION
243.325 “Public employee” defined.
For the purposes of this section and ORS 243.330 and 243.335, “public employee”
means officers or employees, classified, unclassified, exempt and nonexempt,
of:
(1)
State agencies.
(2)
Community colleges.
(3)
School districts and education service districts.
(4)
County governments.
(5)
City governments.
(6)
Districts as defined in ORS 255.012 and any other special district. [1979 c.830
§1; 1997 c.249 §73; 2001 c.104 §74]
243.330 Leaves of absence for athletic
competition; requirements; maximum period; reinstatement.
(1) To encourage amateur athletic competition at the world level, state
agencies and political subdivisions described in ORS 243.325 (2) to (6) may
grant leaves of absence on request to any public employee who participates in
world, Pan American or Olympic events as a group leader, coach, official or
athlete of a United States amateur team for the purpose of preparing for and
engaging in the competition and preliminary competitions.
(2)
The leave shall be with regular pay and benefits for periods of official
training camps and competitions. Paid leave shall not exceed 90 days per
calendar year.
(3)
Upon expiration of the leave, the public employee shall have the right to be
reinstated to the position held before the leave was granted and at the salary
rates prevailing for such positions on the date of resumption of duty without
loss of seniority or other employment rights. Failure of the employee to report
within 30 days after termination of official competition shall be cause for
dismissal.
(4)
In order to be eligible for the benefits authorized by ORS 243.325 to 243.335,
the public employee shall be a resident of this state for a period of not less
than five years and shall have been a public employee of the particular
employer for a period of not less than one year prior to being granted the
leave. [1979 c.830 §2]
243.335 Reimbursement to public employer.
Public employees eligible for the benefits authorized by ORS 243.325 to 243.335
are obligated to reimburse the employer in full through monetary payment, with
no interest charge, or through hours worked equivalent to the number of hours
spent on athletic leave, or a combination of both. Full reimbursement shall be
accomplished at a time not later than 10 years following the last day the
employee received benefits under ORS 243.325 to 243.335. [1979 c.830 §3; 1997
c.249 §74]
SMOKING IN STATE OFFICES
243.345 Smoking in places of state employment;
policy statement. The Legislative Assembly finds
that because the smoking of tobacco creates a health hazard, it is necessary to
protect the public health by restricting smoking in places of employment
operated by the State of Oregon. [Formerly 243.220]
243.350 Personnel Division rules
restricting smoking in places of state employment.
(1) In accordance with the provisions of ORS chapter 183, the Personnel
Division shall adopt rules restricting smoking in places of employment operated
by departments or agencies of the State of Oregon. The rules of the division
shall:
(a)
Set standards for the designation of areas in a place of employment where
smoking is permitted, including standards for ventilation and physical
barriers.
(b)
Require departments or agencies to designate areas in the place of employment
where smoking is permitted pursuant to the standards of the division.
(c)
Require departments or agencies supplying employees with lounges to provide
smoke-free lounge areas for nonsmoking employees.
(d)
Prohibit smoking in a place of employment in any area not designated as an area
where smoking is permitted.
(2)
The rules adopted by the division pursuant to subsection (1) of this section
shall not apply to enclosed offices occupied exclusively by smokers, even
though the offices may be visited by nonsmokers.
(3)
Nothing in this section is intended to prevent departments or agencies from
prohibiting smoking in the entire area of the place of employment. [Formerly
243.225]
DEFERRED COMPENSATION PLANS
(Definitions)
243.400 [1977
c.721 §2; 1979 c.468 §31; 1991 c.618 §1; repealed by 1997 c.179 §1 (243.401
enacted in lieu of 243.400)]
243.401 Definitions for ORS 243.401 to
243.507. As used in ORS 243.401 to 243.507:
(1)
“Board” means the Public Employees Retirement Board described in ORS 238.630.
(2)
“Council” means the Oregon Investment Council created by ORS 293.706.
(3)
“Deferred compensation contract” means a written agreement entered into by the
state and an eligible state employee under the provisions of ORS 243.440.
(4)
“Deferred compensation investment program” means the program established by the
Oregon Investment Council under ORS 243.421, for investment of assets of the
Deferred Compensation Fund.
(5)
“Deferred compensation plan” means a plan established by the state or a local
government for the deferral of compensation payable to employees of the state
or local government and for the deferral of income taxation on that
compensation.
(6)
“Eligible state employee” means an officer or employee of a state board,
commission, department or other instrumentality of state government, including,
but not limited to, all officers and employees of the executive, judicial and
legislative branches of state government, but excluding:
(a)
Persons engaged as independent contractors, except as otherwise specifically allowed
by statute;
(b)
Persons who are employed in emergency work and whose periods of employment are
on an intermittent or irregular basis; and
(c)
Persons who are provided sheltered employment or make-work by the state in an
employment or industries program maintained for the benefit of such
individuals.
(7)
“Fund” means the Deferred Compensation Fund established under ORS 243.411.
(8)
“Local government” means a 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.
(9)
“Local government deferred compensation plan” means a deferred compensation
plan that is established and administered by a local government.
(10)
“Local plan participant” means a person participating in a local government
deferred compensation plan.
(11)
“Participating local government” means a local government that invests all or
part of the assets of the deferred compensation plan established by the local
government through the deferred compensation investment program.
(12)
“State deferred compensation plan” means the deferred compensation plan
described in ORS 243.435 for eligible state employees.
(13)
“State plan participant” means a person participating in the state deferred
compensation plan, either through current or past deferrals of compensation.
(14)
“System” means the Public Employees Retirement System established in ORS
238.600. [1997 c.179 §2 (enacted in lieu of 243.400)]
243.410 [1977
c.721 §3; 1983 c.789 §1; 1991 c.618 §2; repealed by 1997 c.179 §36]
(Deferred Compensation Fund)
243.411 Deferred Compensation Fund.
(1) The Deferred Compensation Fund is created, separate and distinct from the
General Fund, for the purpose of holding and investing assets of the state
deferred compensation plan and the assets of the deferred compensation plans of
participating local governments. Interest and any other earnings of the
Deferred Compensation Fund shall be credited to the fund. Moneys in the fund
may be used only for the purposes of implementing and administering ORS 243.401
to 243.507.
(2)
Subject to rules adopted by the Public Employees Retirement Board under ORS
243.470, the assets of the Deferred Compensation Fund may be commingled with
the assets of the Public Employees Retirement Fund for investment purposes in a
group trust or by other means.
(3)
The limitations imposed on the use of the Deferred Compensation Fund by
subsection (1) of this section do not affect any law of this state that
authorizes the manner in which moneys in the fund may be invested. [1997 c.179 §3]
243.416 State Treasurer as fund custodian;
administration. The Deferred Compensation Fund
shall be held by the State Treasurer, who shall be custodian of the fund.
Another person may be appointed as custodian of the fund if the State Treasurer
and the Public Employees Retirement Board agree to the appointment. On request
from the Director of the Public Employees Retirement System or the director’s
designee, the Oregon Department of Administrative Services shall draw warrants
and issue payments on the Deferred Compensation Fund for the payment of
benefits, the payment of expenses incurred by the system in the administration
of ORS 243.401 to ORS 243.507, and the payment of refunds or other amounts that
by reason of excessive contributions or other error are owed to state plan
participants or local plan participants or the beneficiaries of those
participants. [1997 c.179 §4]
243.420 [1977
c.721 §10; 1983 c.789 §2; repealed by 1991 c.618 §20]
243.421 Investment program for fund; securities
law not applicable. (1) The Oregon Investment
Council shall establish a program for investment of moneys in the Deferred
Compensation Fund. The program shall include policies and procedures for the
investment of moneys in the fund. The program and all investments of moneys
under the program are subject to the provisions of ORS 293.701 to 293.820.
(2)
The council shall provide to the Public Employees Retirement Board a
description of the investment options set forth in the council’s policies and
procedures for the investment of moneys in the fund, the applicable benchmark
for each option and a description of the characteristics of each benchmark.
(3)
The provisions of ORS chapter 59 that require registration of securities do not
apply to any share, participation or other interest in the state deferred
compensation plan or in the Deferred Compensation Fund. The provisions of ORS
chapter 59 requiring licensing of certain persons as broker-dealers or as
investment advisors do not apply to any of the following persons or entities
for the purposes of implementing and administering the deferred compensation
investment program established under this section:
(a)
The council.
(b)
The Public Employees Retirement Board.
(c)
The Public Employees Retirement System.
(d)
The State Treasurer.
(e)
Any officer or employee of the persons or entities described in paragraphs (a)
to (d) of this subsection. [1997 c.179 §5; 2011 c.9 §29]
243.426 Accounts; use for administrative
expenses. On request from the Public Employees
Retirement Board, the State Treasurer shall establish all accounts in the
Deferred Compensation Fund that are necessary to administer the provisions of
ORS 243.401 to 243.507. The accounts shall be established and maintained with
the charges assessed under ORS 243.472 against the account balances of the
state plan participants and the funds invested by participating local
governments. The moneys held in the accounts established by the board may be
used only for payment of the administrative expenses incurred by the system,
the State Treasurer and the Oregon Investment Council in administering the
provisions of ORS 243.401 to 243.507. [1997 c.179 §6]
243.428 Forfeited payments; use of moneys.
(1) If a warrant, check or order is issued for the payment of a deferred
compensation benefit under the state deferred compensation plan, or for payment
of a refund under the state deferred compensation plan, and the warrant, check
or order is canceled, declared void or otherwise made unpayable,
the payment shall be forfeited and the amount of the payment shall be returned
or credited to the Deferred Compensation Fund. The amount forfeited may be used
for the payment of administrative expenses of the state deferred compensation
plan. Any amounts forfeited under this section shall be restored to the fund
and paid to the payee, without interest, if the payee is located and files a
claim for the benefit. The amount so paid shall be restored from other
forfeited amounts or paid as an administrative expense of the state deferred
compensation plan. The Public Employees Retirement Board may reissue the
warrant, check or order for payment without bond if the payee is located after
the warrant, check or order is canceled, declared void or otherwise made unpayable. Benefit payments forfeited under this subsection
are not subject to ORS 98.302 to 98.436.
(2)
The amount of any warrant, check or order for the payment of employee benefit
withdrawals or refunds under a local government deferred compensation plan that
is canceled, declared void or otherwise made unpayable
shall be credited to the account of the applicable local government deferred
compensation plan held in the Deferred Compensation Fund. The state shall not
be liable under this subsection to a payee, or to a payee’s beneficiaries, in
the event a warrant, check or order for payment is not reissued to the payee or
the payee’s beneficiaries. [1997 c.179 §7]
243.430 [1977
c.721 §4; 1985 c.256 §1; 1985 c.690 §1; 1991 c.618 §3; repealed by 1997 c.179 §36]
(State Deferred Compensation Plan)
243.435 Plan contents; assets held in
trust; use of moneys; recovery of overpayments; assignment of benefits
prohibited. (1) The Public Employees Retirement
Board shall administer the state deferred compensation plan described in ORS
243.401 to 243.507 on behalf of the state for the benefit of eligible state
employees.
(2)
All assets of the state deferred compensation plan are held in trust for the
exclusive benefit of the state plan participants and their beneficiaries.
Except as otherwise provided by law, the Public Employees Retirement Board is
declared to be the trustee of the assets of the state deferred compensation
plan.
(3)
The State of Oregon has no proprietary interest in the assets of the state
deferred compensation plan or in payments of deferred compensation made to the
plan by state plan participants. The state disclaims any right to reclaim
payments made to the plan and waives any right of reclamation the state may
have to the plan assets. This subsection does not limit the ability of the
board to alter or refund an erroneously made employer payment.
(4)
All moneys paid into the plan shall be deposited into the Deferred Compensation
Fund.
(5)
The assets of the state deferred compensation plan that are held in the
Deferred Compensation Fund may be used only for the payment of benefits under
the plan and for payment of expenses or refund liabilities incurred by the
system in administration of the state deferred compensation plan.
(6)
If the board determines that a state plan participant or any other person has
received any amount in excess of the amounts that the participant or other
person is entitled to receive under ORS 243.401 to 243.507, the board may
recover the overpayment or other improperly paid amount in the same manner as
provided for the recovery of overpayments from the Public Employees Retirement
Fund under ORS 238.715.
(7)
A state plan participant may not assign, anticipate, alienate, sell, transfer,
pledge or in any way encumber any of the rights a participant may have under
the state deferred compensation plan, and the state shall reject and refuse to
honor any such purported action with respect to those rights. [1997 c.179 §8]
243.440 Salary reduction for deferred
compensation plan; amount; payment. (1) The state
and an eligible state employee may enter into a written deferred compensation
contract that provides that a specified portion of the compensation payable to
the employee for services rendered by the employee will not be paid or
otherwise made available at the time the services are rendered but instead will
be paid or otherwise made available at some future date. The deferred
compensation contract must specify the amount by which the employee’s
compensation will be reduced each month for the purpose of funding the deferred
compensation benefit for the employee. The amount of the reduction may not be
less than $25 per month and may not exceed the maximum amount allowable under
rules adopted by the Public Employees Retirement Board under ORS 243.470.
(2)
The state officer or official authorized to disburse moneys in payment of
salaries and wages of employees is authorized, upon written request of an eligible
state employee, to reduce each month the salary of the eligible state employee
by an amount of money designated by that employee in the employee’s deferred
compensation contract. The state officer or official may pay that amount to the
Public Employees Retirement System for deposit in the Deferred Compensation
Fund. [1977 c.721 §5; 1983 c.789 §3; 1991 c.618 §4; 1997 c.179 §9]
243.445 Employee choice of plans; choice
not binding; change in value of employee assets not to affect net worth of
state. (1) When an eligible state employee
agrees to participate in the state deferred compensation plan under ORS 243.401
to 243.507, the employee may indicate a preference with respect to the mode of
investment or deposit to be used by the state in investing or depositing the
deferred income under the plan. The preference indicated by the employee is not
binding on the state.
(2)
Any change in the net value of the assets of an eligible state employee
invested under the state deferred compensation plan shall result in a
commensurate change in the total amount distributable to the employee or the
beneficiary of the employee, and shall not result in any increase or decrease
in the net worth of the state. [1977 c.721 §11; 1983 c.789 §4; 1991 c.618 §5;
1997 c.179 §10]
243.450 Disclosure statement; contents.
The Public Employees Retirement System shall give each eligible state employee
who enters into a deferred compensation contract under the state deferred
compensation plan, prior to the deferral of any part of that employee’s salary,
a disclosure statement in writing that contains information regarding the
options available under the plan for the investment of deferred compensation,
including the probable income and probable safety of the moneys deferred, that
persons of reasonable prudence and discretion require when determining the
permanent disposition of their funds. [1977 c.721 §12; 1991 c.618 §6; 1997
c.179 §11]
243.460 Effect of deferred compensation on
current taxable income and on retirement programs.
(1) The amount by which an eligible state employee’s salary is reduced under
ORS 243.440 shall continue to be included as regular compensation for the
purpose of computing the retirement, pension and Social Security benefits
earned by the employee. If the amount is deferred on a pretax basis, the amount
shall not be considered current taxable income for the purpose of computing
federal and state income taxes withheld on behalf of the employee.
(2)
The state deferred compensation plan established by ORS 243.401 to 243.507
supplements all other retirement and pension systems established by the State
of Oregon, and participation by an eligible state employee in the state
deferred compensation plan shall not cause a reduction of any retirement or
pension benefits provided to the employee by law. [1977 c.721 §6; 1997 c.179 §12;
2011 c.722 §18]
243.462 Option to defer compensation on
after-tax basis. (1) The Public Employees
Retirement Board may allow an eligible state employee who is participating in
the state deferred compensation plan to defer compensation on an after-tax
basis. The board shall establish a separate account for each employee that
defers compensation on an after-tax basis, and maintain separate records for
those accounts.
(2)
The Public Employees Retirement Board may allow an eligible state employee who
is participating in the state deferred compensation plan to convert
compensation that was deferred on a pretax basis to compensation that is
deferred on an after-tax basis to the extent allowed by federal law and subject
to any requirements of federal law for the conversion. [2011 c.722 §17]
243.465 Rollover distribution of deferred
amounts to beneficiary. (1) If a benefit is payable
under the state deferred compensation plan described in ORS 243.401 to 243.507
to a beneficiary by reason of the death of an eligible state employee
participating in the plan, the beneficiary may elect to have all or part of the
distribution of deferred amounts paid as an eligible rollover distribution to
an individual retirement plan described in 26 U.S.C. 408(a), or an individual
retirement annuity, other than an endowment contract, described in 26 U.S.C.
408(b), if the plan or annuity is established for the purpose of receiving the
eligible rollover distribution on behalf of the designated beneficiary.
(2)
Subsection (1) of this section applies to an eligible rollover distribution of
deferred amounts to a beneficiary who is not treated as the spouse of the
decedent for federal tax purposes and who is the decedent’s designated
beneficiary for the purposes of the minimum required distribution requirements
of 26 U.S.C. 401(a)(9). To the extent provided by rules of the Public Employees
Retirement Board, a trust maintained for the benefit of one or more
beneficiaries must be treated by the board in the same manner as a trust that
is designated as a beneficiary for the purposes of the minimum required
distribution requirements of 26 U.S.C. 401(a)(9).
(3)
As used in this section, “eligible rollover distribution” has the meaning given
that term in 26 U.S.C. 402(c)(4), as in effect on January 1, 2008. [2007 c.628 §8]
243.470 Administration of deferred compensation
program; rules. (1) Subject to ORS chapter 183,
the Public Employees Retirement Board may adopt rules necessary to implement
the provisions of ORS 243.401 to 243.507 and determine the terms and conditions
of eligible state employee participation and coverage. Rules adopted by the
board under this subsection shall establish the terms and conditions of
deferred compensation contracts for eligible state employees.
(2)
The Public Employees Retirement System shall adopt forms and maintain accounts
and records necessary and appropriate to the efficient administration of ORS
243.401 to 243.507 or which may be required by agencies of the State of Oregon
or the United States.
(3)
The board shall adopt rules and take all actions necessary to maintain
compliance of the state deferred compensation plan with requirements for
governmental deferred compensation plans imposed by the Internal Revenue Code
and by regulations adopted pursuant to the Internal Revenue Code.
(4)
The Public Employees Retirement System may contract with a private corporation
or institution able and qualified to provide consolidated billing services,
state plan participant enrollment services, educational services, state plan
participant accounts, data processing, record keeping and other related
services that are necessary or appropriate to the administration of the state
deferred compensation plan under ORS 243.401 to 243.507. [1977 c.721 §8; 1983
c.789 §5; 1991 c.618 §7; 1997 c.179 §13]
243.472 Costs of plan administration
assessed against participants; apportionment of expenses; expenses not board
budgeted items. (1) ORS 243.401 to 243.507 shall
be implemented and administered by the Public Employees Retirement Board so
that no expense is incurred by the State of Oregon or the Public Employees
Retirement Fund and so that the State of Oregon and the Public Employees
Retirement System incur no liabilities other than those liabilities that may be
imposed under ORS 243.401 to 243.507 or other law. In addition to the amounts
that may be deducted by the State Treasurer pursuant to ORS 293.718, the Public
Employees Retirement System may assess a charge against the accounts of state
plan participants in the Deferred Compensation Fund. The charge may not exceed
two percent of the balances of those accounts. Funds collected pursuant to the
charge are continuously appropriated for and shall be used only to cover the costs
incurred by the system to administer the state deferred compensation plan, to
issue refunds and to pay costs incurred in investing the plan assets.
(2)
For the purpose of implementing and administering the provisions of ORS 243.401
to 243.507, including implementation and administration of service agreements
entered into with local governments under ORS 243.478, the Public Employees
Retirement Board may designate fiscal periods. The board may apportion
extraordinary expenses incurred during any fiscal period, including but not
limited to expenses for equipment and actuarial studies, to subsequent fiscal
periods for purposes of equitably distributing the burden of the expenses. The
board may carry forward unexpended fees collected in one fiscal period to a
later fiscal period for the payment of future expenses.
(3)
In the event the assessment provided for in subsection (1) of this section is
inadequate to meet the administrative expenses incurred by the system for the
state deferred compensation plan, and these expenses are not carried over to
another fiscal period, the excess expenses may be paid by an additional
one-time assessment against the account balances of state plan participants in
the Deferred Compensation Fund. The additional assessment shall be in an amount
determined by the Public Employees Retirement Board to be sufficient to pay the
excess expenses in the fiscal period in which the assessment is made. The
one-time assessment is in addition to the regular assessment provided for in
subsection (1) of this section.
(4)
Deferred compensation benefit payments, and amounts payable as refunds, shall
not for any purpose be deemed expenses of the board and shall not be included
in its biennial departmental budget. [1997 c.179 §14; 2001 c.716 §23]
(Local Government Deferred Compensation
Plans)
243.474 Investment of local government
plan assets through investment program; agreement with Public Employees
Retirement System; charges against participants.
(1) A local government that establishes a deferred compensation plan may invest
all or part of the plan’s assets through the deferred compensation investment
program established by the Oregon Investment Council under ORS 243.421. Plan
assets of a local government deferred compensation plan invested through the
deferred compensation investment program are not subject to the limitations on
investment imposed by ORS 294.033 and 294.035. Local governments that invest
through the deferred compensation investment program are subject to the
policies and procedures established by the council for the administration of
the program.
(2)
A local government that wishes to become a participating local government
pursuant to this section must enter into a written agreement with the Public
Employees Retirement System. The agreement must set forth the terms of the
investment and the record keeping and related services to be performed by the
system for the invested funds. The Public Employees Retirement Board may
require that the local government enter into a service agreement under ORS
243.478 as a condition of an agreement under this subsection. If the local
government and the system cannot reach an agreement under the provisions of
this subsection, the local government may not become a participating local
government.
(3)
All funds invested by the council for a participating local government must be
accounted for separately. Investment of funds under this section must be
implemented and administered so that the State of Oregon incurs no expense or
liability other than those liabilities that may be imposed under ORS 243.401 to
243.507 or other law.
(4)
In addition to those amounts that may be deducted by the State Treasurer
pursuant to ORS 293.718, the system may assess a charge against the total
account balances of all participating local governments that is sufficient to
reimburse the system for any additional costs of investing funds for
participating local governments. The Public Employees Retirement Board shall
not act as a trustee or be considered the trustee of any trust established by a
local government deferred compensation plan.
(5)
The terms of the agreement provided for in subsection (2) of this section shall
govern the nature and extent of the information that must be provided to local
government officers and employees about the investment of deferred compensation
through the deferred compensation investment program. [1997 c.179 §15]
243.476 Compliance with federal
requirements. (1) As a condition of allowing a local
government to become a participating local government, and at any time
thereafter, the Oregon Investment Council, the Public Employees Retirement
Board or the Director of the Public Employees Retirement System may require
that the local government provide proof that the local government deferred compensation
plan complies with the provisions of section 457 of the Internal Revenue Code,
as amended, that apply to governmental plans, including but not limited to any
required declaration of trust related to plan assets and appointment of a
trustee. The council, board or director may require an opinion of counsel or
other assurance satisfactory to the council, board or director that
participation of a local government deferred compensation plan in the deferred
compensation investment program does not cause the State of Oregon, its
agencies or employees to violate any federal or state laws or regulations
related to investments and securities.
(2)
Participating local governments shall take all actions that the Oregon
Investment Council, the Public Employees Retirement Board or the Director of
the Public Employees Retirement System, in their discretion, deem necessary for
compliance by the deferred compensation investment program with all applicable
federal and state laws or for qualification of the program for any exemptions
from regulation available under those laws, including but not limited to the
federal Securities Act of 1933, as amended, the Investment Company Act of 1940,
as amended, and ORS chapter 59. [1997 c.179 §16; 2011 c.9 §30]
243.478 Plan administration agreements;
costs. (1) A participating local government
and the Public Employees Retirement System may enter into a written agreement
for the system to provide consolidated billing services, participant enrollment
services, participant accounts, data processing, record keeping and other
related services that are necessary or appropriate to the administration of the
local government deferred compensation plan. The agreement may provide that the
services be provided directly by the system or through contracts with other
providers.
(2)
Agreements under this section must require that the participating local
government remain the responsible administrator for the local government
deferred compensation plan. The agreement may provide any additional terms and
conditions that the system determines necessary for the purposes of offering
the services described in subsection (1) of this section to local government
deferred compensation plans, including proof of compliance under ORS 243.476.
The system may require that participating local governments that enter into
agreements with the system under this section have uniform provisions on plan
administration and record keeping.
(3)
The system may assess a charge, in an amount to be determined by the system, against
the total account balances in the Deferred Compensation Fund of all local
governments that have entered into service agreements under this section. The
charge imposed under this subsection is in addition to any charges that may be
assessed against local governments by the system under ORS 243.474 or deducted
by the State Treasurer under ORS 293.718.
(4)
In the event the assessment provided for in subsection (3) of this section is
inadequate to meet the administrative expenses incurred by the system for local
government deferred compensation plans during a fiscal period, and the expenses
are not carried over to another fiscal period pursuant to ORS 243.472 (2), the
excess expenses may be paid by an additional one-time assessment against the
account balances in the Deferred Compensation Fund of participating local
governments that have entered into service agreements under this section. [1997
c.179 §17]
243.480 [1977
c.721 §9; 1983 c.789 §6; repealed by 1991 c.618 §20]
(Immunities)
243.482 Immunity of governmental agencies
from liability for plan administration or investment of funds.
(1) A civil action for damages may not be brought against the state, the State
Treasurer, the Oregon Investment Council, the Public Employees Retirement
Board, or the officers or employees of the board by reason of:
(a)
A breach of any duty in administering or investing of funds in the Deferred
Compensation Fund;
(b)
A breach of any duty in administering or investing of the funds of
participating local governments; or
(c)
Any losses suffered by a state plan participant or local plan participant or
the beneficiaries of those participants because of the participant’s choice of
an investment option available through the deferred compensation investment
program established under ORS 243.421.
(2)
Any claim that the council, the board, the State Treasurer or the system, or
any of their officers or employees, violated federal or state securities laws,
including antifraud provisions, in the implementation or administration of ORS
243.401 to 243.507 is subject to the provisions of ORS 30.260 to 30.300. With
respect to such claims, the state shall defend, save harmless and indemnify the
State Treasurer, the system, members of the council, the board, and their
officers and employees, as provided for other torts under the provisions of ORS
30.260 to 30.300.
(3)
The limitations on liability established by this section do not include an
exemption from any liability that may be imposed under the provisions of ORS
chapter 59. Except to the extent that the state deferred compensation plan and
the deferred compensation investment program are exempted from registration and
licensing requirements under ORS 243.421, ORS chapter 59 applies to the
administration and investment of the Deferred Compensation Fund, the state
deferred compensation plan, local government deferred compensation plans and
the deferred compensation investment program. [1997 c.179 §18; 2011 c.9 §31]
243.490 [1977
c.721 §7; repealed by 1997 c.179 §36]
243.495 [1977
c.721 §13; 1983 c.789 §7; 1991 c.618 §8; repealed by 1997 c.179 §36]
(Deferred Compensation Advisory
Committee)
243.505 Deferred Compensation Advisory
Committee. (1) The Deferred Compensation Advisory
Committee shall be appointed by the Public Employees Retirement Board,
consisting of seven members with knowledge of deferred compensation plans.
(2)
At the direction of the board, the committee shall advise the Public Employees
Retirement Board on policies and procedures and such other matters as the board
may request.
(3)
The term of office of each member is three years, but a member serves at the
pleasure of the board. Before the expiration of the term of a member, the board
shall appoint a successor whose term begins on July 1 next following. A member
is eligible for reappointment. If there is a vacancy for any cause, the board
shall make an appointment to become immediately effective for the unexpired
term.
(4)
A member of the Deferred Compensation Advisory Committee is entitled to
compensation and expenses as provided in ORS 292.495.
(5)
The Deferred Compensation Advisory Committee shall select one of its members as
chairperson and another as vice chairperson, for such terms and with duties and
powers necessary for the performance of the functions of such offices as the
committee determines.
(6)
A majority of the members of the committee constitutes a quorum for the
transaction of business.
(7)
The Deferred Compensation Advisory Committee may meet at a place, day and hour
determined by the committee. The committee also may meet at other times and
places specified by the call of the chairperson or of a majority of the members
of the committee. [1991 c.618 §10; 1997 c.179 §19; 1999 c.406 §1]
(Payment of Deferred Compensation to
Alternate Payee)
243.507 Payment of deferred compensation
to alternate payee under judgment or order; procedure; compliance with state
and federal requirements; administrative expenses; limitations; rules.
(1) Notwithstanding any other provision of law, deferred compensation under a
deferred compensation plan that would otherwise be paid by a public employer to
an eligible employee 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. Any payment
under this subsection to an alternate payee bars recovery by any other person.
(2)
A judgment, order or agreement 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 earlier than the date the
employee would be eligible to receive payments under the provisions of the
deferred compensation plan.
(b)
That the alternate payee may elect to receive payment in any manner available
to the employee under the deferred compensation plan, without regard to the
form of payment elected by the employee.
(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 payment selected by
the alternate payee.
(d)
That all or a portion of the deferred compensation account of the eligible
employee be segregated in an account in the name of and for the benefit of the
alternate payee, and that the alternate payee have the same rights and
privileges as an eligible employee only concerning the investment or deposit of
funds under the deferred compensation plan.
(3)
Subsection (1) of this section applies only to payments of deferred
compensation made after the date of receipt by the administrator of the
deferred compensation plan of written notice of the judgment, order or
agreement and such additional information and documentation as the plan
administrator may prescribe.
(4)(a)
Payment of all or any part of deferred compensation to an alternate payee who
is a child or dependent of the employee shall be reported for state and federal
income tax purposes as payment to the eligible employee. Any amount required to
be withheld for state or federal income tax purposes shall be withheld from the
payment to the alternate payee.
(b)
Payment of all or any part of deferred compensation to an alternate payee who
is the spouse or former spouse of the employee shall be reported for state and
federal income tax purposes as payment to the alternate payee. Any amount
required to be withheld for state or federal income tax purposes shall be
withheld from the payment to the alternate payee.
(5)
If an eligible employee transfers from a deferred compensation plan of a public
employer to a deferred compensation plan established by another public
employer, the new employer is not required to accept as part of the transfer
any portion of the eligible employee’s account with the former employer that is
subject to judgment, order or agreement requiring payment of that portion of
the eligible employee’s account to an alternate payee.
(6)
If an eligible employee transfers from a deferred compensation plan of a public
employer to a deferred compensation plan established by another public
employer, the employee’s previous employer shall not transfer to the plan
established by the new employer any portion of the eligible employee’s account
that is subject to a judgment, order or agreement requiring payment of that
portion of the eligible employee’s account to an alternate payee.
(7)
The Public Employees Retirement Board, or the plan administrator for any local
government deferred compensation plan, may adopt rules, policies or other
regulations for the purpose of maintaining compliance of a deferred
compensation plan with section 457 of the Internal Revenue Code or any other
provision of federal law that affects the tax qualification of a deferred
compensation plan. Rules, policies or other regulations adopted under this
subsection may vary from the express language of this section if the rules,
policies or other regulations are required for the purpose of maintaining
compliance of a deferred compensation plan with section 457 of the Internal
Revenue Code or any other provision of federal law that affects the tax
qualification of a deferred compensation plan.
(8)
Any public employer or deferred compensation plan that is required by the
provisions of this section to make a payment to an alternate payee shall charge
and collect out of the deferred compensation payable to the eligible employee
and the alternate payee actual and reasonable administrative expenses and
related costs incurred by the public employer or deferred compensation plan in
obtaining data and making calculations that are necessary by reason of the
provisions of this section. A public employer or deferred compensation 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 deferred compensation
plan that charges and collects administrative expenses and related costs under
the provisions of this subsection shall allocate those expenses and costs
between the eligible employee and the alternate payee based on the fraction of
the benefit received by the member or alternate payee.
(9)
As used in this section:
(a)
“Alternate payee” means a spouse, former spouse, child or other dependent of a
member.
(b)
“Court” means any court of appropriate jurisdiction of this or any other state
or of the District of Columbia.
(c)
“Eligible employee” means a state plan participant or local plan participant.
(d)
“Public employer” means the state or a local government that establishes a
deferred compensation plan. [1993 c.715 §5; 1997 c.179 §32; 2003 c.576 §406;
2007 c.54 §1]
243.510 [1955
c.368 §1; repealed by 1975 c.609 §25]
243.520 [1955
c.368 §2; repealed by 1975 c.609 §25]
243.530 [1955
c.368 §3; repealed by 1975 c.609 §25]
243.540 [1955
c.368 §4; repealed by 1975 c.609 §25]
DEPENDENT CARE ASSISTANCE PLAN
243.550 Dependent care assistance plan.
(1) The state or any agency thereof shall establish in its accounting system
allowances for employees to dedicate part of their salary to a dependent care
assistance plan.
(2)
Upon application by a public employee, the state or any agency thereof shall
allow the employee to participate in a dependent care assistance plan at that
place of employment.
(3)
Portions of a public employee’s salary dedicated to a dependent care assistance
plan shall be included in any computation of benefits under that employee’s
public employee retirement program. [1987 c.621 §1]
Note:
243.550 to 243.585 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 243 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
EXPENSE REIMBURSEMENT PLAN
243.555 Definitions for ORS 243.555 to
243.575. As used in ORS 243.555 to 243.575:
(1)
“Expense reimbursement plan” means a plan established by the Public Employees’
Benefit Board in accordance with state and federal tax laws to reimburse
qualified employee expenses.
(2)
“Payroll disbursing officer” means the state officer or official authorized to
disburse moneys in payment of salaries and wages of employees of a state
agency.
(3)
“Qualified employee expenses” includes expenses for dependent care, medical
expenses, insurance premiums and any other expenses qualified for tax free
reimbursement under the federal Internal Revenue Code.
(4)
“State agency” means every state officer, board, commission, department or
other activity of state government. [1987 c.621 §2; 1997 c.222 §46]
Note: See
note under 243.550.
243.560 Rulemaking; charge for
administration; records. (1) The Public Employees’
Benefit Board may provide, administer and maintain an expense reimbursement
plan for the benefit of eligible employees of this state.
(2)
In providing an expense reimbursement plan, the board shall adopt rules to:
(a)
Determine the qualifications of eligible employees and the expenses eligible
for reimbursement.
(b)
Establish limits on the amount by which an eligible employee’s compensation may
be reduced.
(c)
Establish procedures for enrollment of eligible employees in an expense
reimbursement plan.
(d)
Establish requirements for verification of reimbursable expenses.
(3)
The board may assess a charge to participating employees to pay the cost of
administering the plan or may pay some or all of the cost from funds authorized
to pay general administration expenses incurred by the board or from earnings
on moneys deposited with the account administrator as designated by the board.
(4)
The state shall maintain accounts and records necessary and appropriate to the
efficient administration of ORS 243.550 to 243.585 and 657A.440 or that may be
required under federal or state law. [1987 c.621 §3; 1989 c.160 §1; 1997 c.222 §47]
Note: See
note under 243.550.
243.565 Administration of plan.
(1) The Public Employees’ Benefit Board may contract with a private organization
for administration of an expense reimbursement program.
(2)
An agreement or contract entered into pursuant to this section may provide that
the administering organization shall exercise the authority and responsibility
of the board in administering the expense reimbursement program. [1987 c.621 §6;
1997 c.222 §48]
Note: See
note under 243.550.
243.570 Compensation reduction agreement.
(1) After the adoption of an expense reimbursement plan by the Public Employees’
Benefit Board, and prior to the effective date of the plan, the state shall
enter into a compensation reduction agreement with eligible employees electing
to participate in the plan for the purpose of funding reimbursements under the
plan.
(2)
The payroll disbursing officer is authorized, upon the enrollment of an
eligible employee in the plan, to reduce each pay period the compensation of
the eligible employee by the amount specified in the compensation reduction
agreement. The payroll disbursing officer may pay that amount to the account administrator
as designated by the board. All interest income shall be credited to the
account. [1987 c.621 §4; 1989 c.160 §2; 1997 c.222 §49]
Note: See
note under 243.550.
243.575 Computation of retirement and
pension benefits; taxable income. (1) The amount
by which an eligible employee’s compensation is reduced under ORS 243.570 shall
continue to be included as regular salary for the purpose of computing the
retirement and pension benefits earned by the employee, but that amount shall
not be considered current taxable income for the purpose of computing Social
Security benefits or federal and state income taxes withheld on behalf of the
employee.
(2)
All amounts by which compensation is reduced under ORS 243.570 shall remain
assets of this state until such time as the amounts are disbursed to or on
behalf of eligible employees in accordance with the terms of compensation
reduction agreements between the employees and the state. [1987 c.621 §§5,7]
Note: See
note under 243.550.
243.580 [1987
c.621 §8; repealed by 1989 c.160 §4]
243.585 Accounting system allowances for
dedication of salary. (1) Any political subdivision in
this state may establish in its accounting system allowances for employees to
dedicate part of their salary to expenses for dependent care, medical expenses,
insurance premiums and any other expenses qualified for tax-free reimbursement
under the federal Internal Revenue Code.
(2)
Upon application by a public employee, a political subdivision that has
established allowances described in subsection (1) of this section may allow
the employee to participate in an expense reimbursement plan qualified under
the federal Internal Revenue Code at that place of employment.
(3)
Portions of a public employee’s salary dedicated to an expense reimbursement
plan under this section shall be included in any computation of benefits under
that employee’s public employee retirement program.
(4)
The amount by which an eligible employee’s compensation is reduced under
subsections (1) to (3) of this section shall continue to be included as regular
salary for the purpose of computing the retirement and pension benefits earned
by the employee, but that amount shall not be considered current taxable income
for the purpose of computing Social Security benefits or federal and state
income taxes withheld on behalf of the employee.
(5)
All amounts by which compensation is reduced under subsection (4) of this
section shall remain assets of the political subdivision until such time as the
amounts are disbursed to or on behalf of eligible employees in accordance with
the terms of compensation reduction agreements between the employees and the
state.
(6)
The amount by which an eligible employee’s salary is reduced shall be deposited
with the account administrator as designated by the Public Employees’ Benefit
Board for disbursement to, or on behalf of, eligible employees in accordance
with the terms of compensation reduction agreements between the employees and
the state. [1987 c.621 §§9,10,11; 1989 c.160 §3; 1997 c.222 §50]
Note: See
note under 243.550.
243.610 [1955
c.382 §1; repealed by 1975 c.609 §25]
243.620 [1955
c.382 §2; 1961 c.507 §1; repealed by 1975 c.609 §25]
COLLECTIVE BARGAINING
(Generally)
243.650 Definitions for ORS 243.650 to
243.782. As used in ORS 243.650 to 243.782,
unless the context requires otherwise:
(1)
“Appropriate bargaining unit” means the unit designated by the Employment
Relations Board or voluntarily recognized by the public employer to be
appropriate for collective bargaining. However, an appropriate bargaining unit
may not include both academically licensed and unlicensed or nonacademically licensed school employees. Academically
licensed units may include but are not limited to teachers, nurses, counselors,
therapists, psychologists, child development specialists and similar positions.
This limitation does not apply to any bargaining unit certified or recognized
prior to June 6, 1995, or to any school district with fewer than 50 employees.
(2)
“Board” means the Employment Relations Board.
(3)
“Certification” means official recognition by the board that a labor
organization is the exclusive representative for all of the employees in the
appropriate bargaining unit.
(4)
“Collective bargaining” means the performance of the mutual obligation of a
public employer and the representative of its employees to meet at reasonable
times and confer in good faith with respect to employment relations for the
purpose of negotiations concerning mandatory subjects of bargaining, to meet
and confer in good faith in accordance with law with respect to any dispute
concerning the interpretation or application of a collective bargaining
agreement, and to execute written contracts incorporating agreements that have
been reached on behalf of the public employer and the employees in the
bargaining unit covered by such negotiations. The obligation to meet and
negotiate does not compel either party to agree to a proposal or require the
making of a concession. This subsection may not be construed to prohibit a
public employer and a certified or recognized representative of its employees
from discussing or executing written agreements regarding matters other than
mandatory subjects of bargaining that are not prohibited by law as long as
there is mutual agreement of the parties to discuss these matters, which are
permissive subjects of bargaining.
(5)
“Compulsory arbitration” means the procedure whereby parties involved in a
labor dispute are required by law to submit their differences to a third party
for a final and binding decision.
(6)
“Confidential employee” means one who assists and acts in a confidential
capacity to a person who formulates, determines and effectuates management
policies in the area of collective bargaining.
(7)(a)
“Employment relations” includes, but is not limited to, matters concerning
direct or indirect monetary benefits, hours, vacations, sick leave, grievance
procedures and other conditions of employment.
(b)
“Employment relations” does not include subjects determined to be permissive, nonmandatory subjects of bargaining by the Employment
Relations Board prior to June 6, 1995.
(c)
After June 6, 1995, “employment relations” does not include subjects that the
Employment Relations Board determines to have a greater impact on management’s
prerogative than on employee wages, hours, or other terms and conditions of
employment.
(d)
“Employment relations” does not include subjects that have an insubstantial or
de minimis effect on public employee wages, hours,
and other terms and conditions of employment.
(e)
For school district bargaining, “employment relations” excludes class size, the
school or educational calendar, standards of performance or criteria for
evaluation of teachers, the school curriculum, reasonable dress, grooming and at-work
personal conduct requirements respecting smoking, gum chewing and similar
matters of personal conduct, the standards and procedures for student
discipline, the time between student classes, the selection, agendas and
decisions of 21st Century Schools Councils established under ORS 329.704,
requirements for expressing milk under ORS 653.077, and any other subject
proposed that is permissive under paragraphs (b), (c) and (d) of this
subsection.
(f)
For employee bargaining involving employees covered by ORS 243.736, “employment
relations” includes safety issues that have an impact on the on-the-job safety
of the employees or staffing levels that have a significant impact on the
on-the-job safety of the employees.
(g)
For all other employee bargaining except school district bargaining and except
as provided in paragraph (f) of this subsection, “employment relations”
excludes staffing levels and safety issues (except those staffing levels and
safety issues that have a direct and substantial effect on the on-the-job
safety of public employees), scheduling of services provided to the public,
determination of the minimum qualifications necessary for any position,
criteria for evaluation or performance appraisal, assignment of duties,
workload when the effect on duties is insubstantial, reasonable dress,
grooming, and at-work personal conduct requirements respecting smoking, gum
chewing, and similar matters of personal conduct at work, and any other subject
proposed that is permissive under paragraphs (b), (c) and (d) of this
subsection.
(8)
“Exclusive representative” means the labor organization that, as a result of
certification by the board or recognition by the employer, has the right to be
the collective bargaining agent of all employees in an appropriate bargaining
unit.
(9)
“Fact-finding” means identification of the major issues in a particular labor
dispute by one or more impartial individuals who review the positions of the
parties, resolve factual differences and make recommendations for settlement of
the dispute.
(10)
“Fair-share agreement” means an agreement between the public employer and the
recognized or certified bargaining representative of public employees whereby
employees who are not members of the employee organization are required to make
an in-lieu-of-dues payment to an employee organization except as provided in
ORS 243.666. Upon the filing with the board of a petition by 30 percent or more
of the employees in an appropriate bargaining unit covered by such union
security agreement declaring they desire that the agreement be rescinded, the
board shall take a secret ballot of the employees in the unit and certify the
results thereof to the recognized or certified bargaining representative and to
the public employer. Unless a majority of the votes cast in an election favor
the union security agreement, the board shall certify deauthorization
of the agreement. A petition for deauthorization of a
union security agreement must be filed not more than 90 calendar days after the
collective bargaining agreement is executed. Only one such election may be
conducted in any appropriate bargaining unit during the term of a collective
bargaining agreement between a public employer and the recognized or certified
bargaining representative.
(11)
“Final offer” means the proposed contract language and cost summary submitted
to the mediator within seven days of the declaration of impasse.
(12)
“Labor dispute” means any controversy concerning employment relations or
concerning the association or representation of persons in negotiating, fixing,
maintaining, changing, or seeking to arrange terms or conditions of employment
relations, regardless of whether the disputants stand in the proximate relation
of employer and employee.
(13)
“Labor organization” means any organization that has as one of its purposes
representing employees in their employment relations with public employers.
(14)
“Last best offer package” means the offer exchanged by parties not less than 14
days prior to the date scheduled for an interest arbitration hearing.
(15)
“Legislative body” means the Legislative Assembly, the city council, the county
commission and any other board or commission empowered to levy taxes.
(16)
“Managerial employee” means an employee of the State of Oregon who possesses
authority to formulate and carry out management decisions or who represents
management’s interest by taking or effectively recommending discretionary
actions that control or implement employer policy, and who has discretion in
the performance of these management responsibilities beyond the routine
discharge of duties. A “managerial employee” need not act in a supervisory
capacity in relation to other employees. Notwithstanding this subsection, “managerial
employee” does not include faculty members at a community college, college or
university.
(17)
“Mediation” means assistance by an impartial third party in reconciling a labor
dispute between the public employer and the exclusive representative regarding
employment relations.
(18)
“Payment-in-lieu-of-dues” means an assessment to defray the cost for services
by the exclusive representative in negotiations and contract administration of
all persons in an appropriate bargaining unit who are not members of the
organization serving as exclusive representative of the employees. The payment
must be equivalent to regular union dues and assessments, if any, or must be an
amount agreed upon by the public employer and the exclusive representative of
the employees.
(19)
“Public employee” means an employee of a public employer but does not include
elected officials, persons appointed to serve on boards or commissions,
incarcerated persons working under section 41, Article I of the Oregon
Constitution, or persons who are confidential employees, supervisory employees or
managerial employees.
(20)
“Public employer” means the State of Oregon, and the following political
subdivisions: Cities, counties, community colleges, school districts, special
districts, mass transit districts, metropolitan service districts, public service
corporations or municipal corporations and public and quasi-public
corporations.
(21)
“Public employer representative” includes any individual or individuals
specifically designated by the public employer to act in its interests in all
matters dealing with employee representation, collective bargaining and related
issues.
(22)
“Strike” means a public employee’s refusal in concerted action with others to
report for duty, or his or her willful absence from his or her position, or his
or her stoppage of work, or his or her absence in whole or in part from the
full, faithful or proper performance of his or her duties of employment, for
the purpose of inducing, influencing or coercing a change in the conditions,
compensation, rights, privileges or obligations of public employment; however,
nothing shall limit or impair the right of any public employee to lawfully
express or communicate a complaint or opinion on any matter related to the
conditions of employment.
(23)
“Supervisory employee” means any individual having authority in the interest of
the employer to hire, transfer, suspend, lay off, recall, promote, discharge,
assign, reward or discipline other employees, or responsibly to direct them, or
to adjust their grievances, or effectively to recommend such action, if in
connection therewith, the exercise of the authority is not of a merely routine
or clerical nature but requires the use of independent judgment. Failure to
assert supervisory status in any Employment Relations Board proceeding or in negotiations
for any collective bargaining agreement does not thereafter prevent assertion
of supervisory status in any subsequent board proceeding or contract
negotiation. Notwithstanding the provisions of this subsection, a nurse, charge
nurse or similar nursing position may not be deemed to be supervisory unless
that position has traditionally been classified as supervisory.
(24)
“Unfair labor practice” means the commission of an act designated an unfair
labor practice in ORS 243.672.
(25)
“Voluntary arbitration” means the procedure whereby parties involved in a labor
dispute mutually agree to submit their differences to a third party for a final
and binding decision. [Formerly 243.711; 1975 c.728 §1; 1978 c.5 §1; 1987 c.792
§1; 1995 c.286 §1; 1999 c.59 §61; 2001 c.104 §75; 2007 c.141 §1a; 2007 c.144 §3]
243.656 Policy statement.
The Legislative Assembly finds and declares that:
(1)
The people of this state have a fundamental interest in the development of
harmonious and cooperative relationships between government and its employees;
(2)
Recognition by public employers of the right of public employees to organize
and full acceptance of the principle and procedure of collective negotiation
between public employers and public employee organizations can alleviate
various forms of strife and unrest. Experience in the private and public
sectors of our economy has proved that unresolved disputes in the public
service are injurious to the public, the governmental agencies, and public
employees;
(3)
Experience in private and public employment has also proved that protection by
law of the right of employees to organize and negotiate collectively safeguards
employees and the public from injury, impairment and interruptions of necessary
services, and removes certain recognized sources of strife and unrest, by
encouraging practices fundamental to the peaceful adjustment of disputes
arising out of differences as to wages, hours, terms and other working
conditions, and by establishing greater equality of bargaining power between
public employers and public employees;
(4)
The state has a basic obligation to protect the public by attempting to assure
the orderly and uninterrupted operations and functions of government; and
(5)
It is the purpose of ORS 243.650 to 243.782 to obligate public employers,
public employees and their representatives to enter into collective
negotiations with willingness to resolve grievances and disputes relating to
employment relations and to enter into written and signed contracts evidencing agreements
resulting from such negotiations. It is also the purpose of ORS 243.650 to
243.782 to promote the improvement of employer-employee relations within the
various public employers by providing a uniform basis for recognizing the right
of public employees to join organizations of their own choice, and to be
represented by such organizations in their employment relations with public
employers. [1973 c.536 §2]
243.662 Rights of public employees to join
labor organizations. Public employees have the right
to form, join and participate in the activities of labor organizations of their
own choosing for the purpose of representation and collective bargaining with
their public employer on matters concerning employment relations. [Formerly
243.730]
243.666 Certified or recognized labor
organization as exclusive employee group representative; protection of employee
nonassociation rights.
(1) A labor organization certified by the Employment Relations Board or
recognized by the public employer is the exclusive representative of the
employees of a public employer for the purposes of collective bargaining with
respect to employment relations. Nevertheless any agreements entered into
involving union security including an all-union agreement or agency shop
agreement must safeguard the rights of nonassociation
of employees, based on bona fide religious tenets or teachings of a church or
religious body of which such employee is a member. Such employee shall pay an
amount of money equivalent to regular union dues and initiation fees and
assessments, if any, to a nonreligious charity or to another charitable
organization mutually agreed upon by the employee affected and the
representative of the labor organization to which such employee would otherwise
be required to pay dues. The employee shall furnish written proof to the
employer of the employee that this has been done.
(2)
Notwithstanding the provisions of subsection (1) of this section, an individual
employee or group of employees at any time may present grievances to their
employer and have such grievances adjusted, without the intervention of the
labor organization, if:
(a)
The adjustment is not inconsistent with the terms of a collective bargaining
contract or agreement then in effect; and
(b)
The labor organization has been given opportunity to be present at the
adjustment.
(3)
Nothing in this section prevents a public employer from recognizing a labor
organization which represents at least a majority of employees as the exclusive
representative of the employees of a public employer when the board has not
designated the appropriate bargaining unit or when the board has not certified
an exclusive representative in accordance with ORS 243.686. [Formerly 243.735;
1983 c.740 §65]
(Unfair Labor Practices)
243.672 Unfair labor practices;
complaints; filing fees. (1) It is an unfair labor
practice for a public employer or its designated representative to do any of
the following:
(a)
Interfere with, restrain or coerce employees in or because of the exercise of
rights guaranteed in ORS 243.662.
(b)
Dominate, interfere with or assist in the formation, existence or
administration of any employee organization.
(c)
Discriminate in regard to hiring, tenure or any terms or condition of
employment for the purpose of encouraging or discouraging membership in an
employee organization. Nothing in this section is intended to prohibit the
entering into of a fair-share agreement between a public employer and the
exclusive bargaining representative of its employees. If a “fair-share”
agreement has been agreed to by the public employer and exclusive
representative, nothing prohibits the deduction of the payment-in-lieu-of-dues
from the salaries or wages of the employees.
(d)
Discharge or otherwise discriminate against an employee because the employee
has signed or filed an affidavit, petition or complaint or has given
information or testimony under ORS 243.650 to 243.782.
(e)
Refuse to bargain collectively in good faith with the exclusive representative.
(f)
Refuse or fail to comply with any provision of ORS 243.650 to 243.782.
(g)
Violate the provisions of any written contract with respect to employment
relations including an agreement to arbitrate or to accept the terms of an
arbitration award, where previously the parties have agreed to accept
arbitration awards as final and binding upon them.
(h)
Refuse to reduce an agreement, reached as a result of collective bargaining, to
writing and sign the resulting contract.
(2)
Subject to the limitations set forth in this subsection, it is an unfair labor
practice for a public employee or for a labor organization or its designated
representative to do any of the following:
(a)
Interfere with, restrain or coerce any employee in or because of the exercise
of any right guaranteed under ORS 243.650 to 243.782.
(b)
Refuse to bargain collectively in good faith with the public employer if the
labor organization is an exclusive representative.
(c)
Refuse or fail to comply with any provision of ORS 243.650 to 243.782.
(d)
Violate the provisions of any written contract with respect to employment
relations, including an agreement to arbitrate or to accept the terms of an
arbitration award, where previously the parties have agreed to accept
arbitration awards as final and binding upon them.
(e)
Refuse to reduce an agreement, reached as a result of collective bargaining, to
writing and sign the resulting contract.
(f)
For any labor organization to engage in unconventional strike activity not
protected for private sector employees under the National Labor Relations Act
on June 6, 1995. This provision applies to sitdown,
slowdown, rolling, intermittent or on-and-off again strikes.
(g)
For a labor organization or its agents to picket or cause, induce, or encourage
to be picketed, or threaten to engage in such activity, at the residence or
business premises of any individual who is a member of the governing body of a
public employer, with respect to a dispute over a collective bargaining
agreement or negotiations over employment relations, if an objective or effect
of such picketing is to induce another person to cease doing business with the
governing body member’s business or to cease handling, transporting or dealing
in goods or services produced at the governing body’s business. For purposes of
this paragraph, a member of the Legislative Assembly is a member of the
governing body of a public employer when the collective bargaining negotiation
or dispute is between the State of Oregon and a labor organization. The
Governor and other statewide elected officials are not considered members of a
governing body for purposes of this paragraph. Nothing in this paragraph may be
interpreted or applied in a manner that violates the right of free speech and
assembly as protected by the Constitution of the United States or the
Constitution of the State of Oregon.
(3)
An injured party may file a written complaint with the Employment Relations
Board not later than 180 days following the occurrence of an unfair labor
practice. For each unfair labor practice complaint filed, a fee of $300 is
imposed. For each answer to an unfair labor practice complaint filed with the
board, a fee of $300 is imposed. The board may allow any other person to
intervene in the proceeding and to present testimony. A person allowed to intervene
shall pay a fee of $300 to the board. The board may, in its discretion, order
fee reimbursement to the prevailing party in any case in which the complaint or
answer is found to have been frivolous or filed in bad faith. The board shall
deposit fees received under this section to the credit of the Employment
Relations Board Administrative Account. [1973 c.536 §4; 1995 c.286 §2; 2007
c.296 §1; 2011 c.593 §2]
243.676 Processing of unfair labor
practice complaints; civil penalties. (1) Whenever
a written complaint is filed alleging that any person has engaged in or is
engaging in any unfair labor practice listed in ORS 243.672 (1) and (2) and
243.752, the Employment Relations Board or its agent shall:
(a)
Cause to be served upon such person a copy of the complaint;
(b)
Investigate the complaint to determine if a hearing on the unfair labor
practice charge is warranted. If the investigation reveals that no issue of
fact or law exists, the board may dismiss the complaint; and
(c)
Set the matter for hearing if the board finds in its investigation made
pursuant to paragraph (b) of this subsection that an issue of fact or law
exists. The hearing shall be before the board or an agent of the board not more
than 20 days after a copy of the complaint has been served on the person.
(2)
Where, as a result of the hearing required pursuant to subsection (1)(c) of
this section, the board finds that any person named in the complaint has
engaged in or is engaging in any unfair labor practice charged in the
complaint, the board shall:
(a)
State its findings of fact;
(b)
Issue and cause to be served on such person an order that the person cease and
desist from the unfair labor practice;
(c)
Take such affirmative action, including but not limited to the reinstatement of
employees with or without back pay, as necessary to effectuate the purposes of
ORS 240.060, 240.065, 240.080, 240.123, 243.650 to 243.782, 292.055 and
341.290;
(d)
Designate the amount and award representation costs, if any, to the prevailing
party; and
(e)
Designate the amount and award attorney fees, if any, to the prevailing party
on appeal, including proceedings for Supreme Court review, of a board order.
(3)
Where the board finds that the person named in the complaint has not engaged in
or is not engaging in an unfair labor practice, the board shall:
(a)
Issue an order dismissing the complaint; and
(b)
Designate the amount and award representation costs, if any, to the prevailing
party.
(4)
The board may award a civil penalty to any person as a result of an unfair
labor practice complaint hearing, in the aggregate amount of up to $1,000 per
case, without regard to attorney fees, if:
(a)
The complaint has been affirmed pursuant to subsection (2) of this section and
the board finds that the person who has committed, or who is engaging, in an
unfair labor practice has done so repetitively, knowing that the action taken
was an unfair labor practice and took the action disregarding this knowledge,
or that the action constituting the unfair labor practice was egregious; or
(b)
The complaint has been dismissed pursuant to subsection (3) of this section,
and that the complaint was frivolously filed, or filed with the intent to
harass the other person, or both.
(5)
As used in subsections (1) to (4) of this section, “person” includes but is not
limited to individuals, labor organizations, associations and public employers.
[1973 c.536 §5; 1979 c.219 §1; 1983 c.504 §1; 1983 c.559 §1]
(Representation Matters)
243.682 Representation questions;
investigation and hearings on petitions; certification without election; rules;
elections. (1) If a question of representation
exists, the Employment Relations Board shall:
(a)
Upon application of a public employer, public employee or a labor organization,
designate the appropriate bargaining unit, and in making its determination
shall consider such factors as community of interest, wages, hours and other
working conditions of the employees involved, the history of collective
bargaining, and the desires of the employees. The board may determine a unit to
be the appropriate unit in a particular case even though some other unit might
also be appropriate.
(b)
Investigate and conduct a hearing on a petition that has been filed by:
(A)
A labor organization alleging that 30 percent of the employees in an
appropriate bargaining unit desire to be represented for collective bargaining
by an exclusive representative;
(B)
A labor organization alleging that 30 percent of the employees in an
appropriate bargaining unit assert that the designated exclusive representative
is no longer the representative of the majority of the employees in the unit;
(C)
A public employer alleging that one or more labor organizations has presented a
claim to the public employer requesting recognition as the exclusive
representative in an appropriate bargaining unit; or
(D)
An employee or group of employees alleging that 30 percent of the employees
assert that the designated exclusive representative is no longer the
representative of the majority of employees in the unit.