Chapter 243 — Public
Employee Rights and Benefits
ORS sections in this chapter were
amended or repealed by the Legislative Assembly during its 2012 regular
session. See the table of ORS sections amended or repealed during the 2012
regular session: 2012 A&R Tables
New sections of law were adopted by the
Legislative Assembly during its 2012 regular session and are likely to be
compiled in this ORS chapter. See
sections in the following 2012 Oregon Laws chapters: 2012
Session Laws 0038
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.
(2)(a)
Notwithstanding subsection (1) of this section, when an employee, group of
employees or labor organization acting on behalf of the employees files a
petition alleging that a majority of employees in a unit appropriate for the
purpose of collective bargaining wish to be represented by a labor organization
for that purpose, the board shall investigate the petition. If the board finds
that a majority of the employees in a unit appropriate for bargaining have
signed authorizations designating the labor organization specified in the
petition as the employees’ bargaining representative and that no other labor
organization is currently certified or recognized as the exclusive representative
of any of the employees in the unit, the board may not conduct an election but
shall certify the labor organization as the exclusive representative unless a
petition for a representation election is filed as provided in subsection (3)
of this section.
(b)
The board by rule shall develop guidelines and procedures for the designation
by employees of a bargaining representative in the manner described in
paragraph (a) of this subsection. The guidelines and procedures must include:
(A)
Model collective bargaining authorization language that may be used for
purposes of making the designations described in paragraph (a) of this
subsection;
(B)
Procedures to be used by the board to establish the authenticity of signed
authorizations designating bargaining representatives;
(C)
Procedures to be used by the board to notify affected employees of the filing
of a petition requesting certification under subsection (3) of this section;
(D)
Procedures for filing a petition to request a representation election,
including a timeline of not more than 14 days after notice has been delivered
to the affected employees of a petition filed under paragraph (a) of this
subsection; and
(E)
Procedures for expedited resolution of any dispute about the scope of the
appropriate bargaining unit. The resolution of the dispute may occur after an
election is conducted.
(c)
Solicitation and rescission of a signed authorization designating bargaining
representatives are subject to the provisions of ORS 243.672.
(3)(a)
Notwithstanding subsection (2) of this section, when a petition requesting
certification has been filed under subsection (2) of this section, an employee
or a group of employees in the unit designated by the petition may file a
petition with the board to request that a representation election be conducted.
(b)
The petition requesting a representation election must be supported by at least
30 percent of the employees in the bargaining unit designated by the petition.
(c)
The representation election shall be conducted on-site or by mail not later
than 45 days after the date on which the petition was filed.
(4)
Except as provided in ORS 243.692, if the board finds in a hearing conducted
pursuant to subsection (1)(b) of this section that a question of representation
exists, the board shall conduct an election by secret ballot, at a time and
place convenient for the employees of the jurisdiction and also within a
reasonable period of time after the filing has taken place, and certify the
results of the election. [1973 c.536 §7; 2007 c.833 §1]
243.686 Representation elections; ballot
form; determining organization to be certified; consent elections.
(1) The Employment Relations Board shall place on the ballot only those labor
organizations designated to be placed on the ballot by more than 10 percent of
the employees in an appropriate bargaining unit.
(2)
The ballot shall contain a provision for marking no representation.
(3)
The board shall determine who is eligible to vote in the election and require
the employer to provide a complete list of all such eligible persons, their
names, addresses and job classifications to each candidate organization on the
ballot at least 20 days before the election is to occur.
(4)
The labor organization which receives the majority of the votes cast in an
election shall be certified by the board as the exclusive representative.
(5)
In any election where there are more than two choices on the ballot and none of
the choices receives a majority of the votes cast, a runoff election shall be conducted.
The ballot in the runoff election shall contain the two choices on the original
ballot that received the largest number of votes.
(6)
Nothing in this section is intended to prohibit the waiving of hearings by
stipulation for the purpose of a consent election, in conformity with the rules
of the board. [1973 c.536 §8; 1983 c.83 §27; 1997 c.11 §4; 2010 c.22 §1]
243.692 Limitation on successive
representation elections. (1) No election shall be
conducted under ORS 243.682 (4) in any appropriate bargaining unit within which
during the preceding 12-month period an election was held, nor during the term
of any lawful collective bargaining agreement between a public employer and an
employee representative. However, a contract with a term of more than three
years shall be a bar for only the first three years of its term.
(2)
Notwithstanding subsection (1) of this section, the Employment Relations Board
shall rule that a contract will not be given the effect of barring an election
if it finds that:
(a)
Unusual circumstances exist under which the contract is no longer a stabilizing
force; and
(b)
An election should be held to restore stability to the representation of
employees in the unit.
(3)
A petition for an election where a contract exists must be filed not more than
90 calendar days and not less than 60 calendar days before the end of the
contract period. If the contract is for more than three years, a petition for
election may be filed any time after three years from the effective date of the
contract. [1973 c.536 §9; 1999 c.572 §1; 2007 c.833 §2]
(Bargaining; Mediation; Fact-Finding)
243.696 State agency representatives in
bargaining; Chief Justice as representative of judicial branch.
(1) The Oregon Department of Administrative Services shall represent all state
agencies which have bargaining units in collective bargaining negotiations with
the certified or recognized exclusive representatives of all appropriate
bargaining units of exempt, unclassified and classified employees, except those
unclassified employees governed by the provisions of ORS 240.240. The
department may delegate such collective bargaining responsibility to operating
agencies as may be appropriate.
(2)
The Chief Justice of the Supreme Court shall represent the judicial department
in collective bargaining negotiations with the certified or recognized
exclusive representatives of all appropriate bargaining units of officers and
employees of the courts of this state who are state officers or employees. The
Chief Justice may delegate such collective bargaining responsibility to the
state court administrator. [1973 c.536 §10; 1979 c.468 §25; 1983 c.763 §64]
243.698 Expedited bargaining process;
notice; implementation of proposed changes. (1)
When the employer is obligated to bargain over employment relations during the
term of a collective bargaining agreement and the exclusive representative
demands to bargain, the bargaining may not, without the consent of both parties
and provided the parties have negotiated in good faith, continue past 90
calendar days after the date the notification specified in subsection (2) of
this section is received.
(2)
The employer shall notify the exclusive representative in writing of
anticipated changes that impose a duty to bargain.
(3)
Within 14 calendar days after the employer’s notification of anticipated
changes specified in subsection (2) of this section is sent, the exclusive
representative may file a demand to bargain. If a demand to bargain is not
filed within 14 days of the notice, the exclusive representative waives its
right to bargain over the change or the impact of the change identified in the
notice.
(4)
The expedited bargaining process shall cease 90 calendar days after the written
notice described in subsection (2) of this section is sent, and the employer
may implement the proposed changes without further obligations to bargain. At
any time during the 90-day period, the parties jointly may agree to mediation,
but that mediation shall not continue past the 90-day period from the date the
notification specified in subsection (2) of this section is sent. Neither party
may seek binding arbitration during the 90-day period. [1995 c.286 §13]
Note:
243.698 was added to and made a part of 243.650 to 243.782 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
243.702 Renegotiation of invalid
provisions in agreements. (1) In the event any words or
sections of a collective bargaining agreement are declared to be invalid by any
court of competent jurisdiction, by ruling by the Employment Relations Board,
by statute or constitutional amendment or by inability of the employer or the
employees to perform to the terms of the agreement, then upon request by either
party the invalid words or sections of the collective bargaining agreement
shall be reopened for negotiation.
(2)
Renegotiation of a collective bargaining agreement pursuant to this section is
subject to ORS 243.698. [1973 c.536 §11; 1995 c.286 §4]
243.706 Agreement may provide for
grievance and other disputes to be resolved by binding arbitration or other
resolution process; powers of arbitrator. (1) A
public employer may enter into a written agreement with the exclusive
representative of an appropriate bargaining unit setting forth a grievance
procedure culminating in binding arbitration or any other dispute resolution
process agreed to by the parties. As a condition of enforceability, any
arbitration award that orders the reinstatement of a public employee or
otherwise relieves the public employee of responsibility for misconduct shall
comply with public policy requirements as clearly defined in statutes or
judicial decisions including but not limited to policies respecting sexual
harassment or sexual misconduct, unjustified and egregious use of physical or
deadly force and serious criminal misconduct, related to work. In addition,
with respect to claims that a grievant should be reinstated or otherwise
relieved of responsibility for misconduct based upon the public employer’s
alleged previous differential treatment of employees for the same or similar
conduct, the arbitration award must conform to the following principles:
(a)
Some misconduct is so egregious that no employee can reasonably rely on past treatment
for similar offenses as a justification or defense to discharge or other
discipline.
(b)
Public managers have a right to change disciplinary policies at any time,
notwithstanding prior practices, if such managers give reasonable advance
notice to affected employees and the change does not otherwise violate a
collective bargaining agreement.
(2)
In addition to subsection (1) of this section, a public employer may enter into
a written agreement with the exclusive representative of its employees providing
that a labor dispute over conditions and terms of a contract may be resolved
through binding arbitration.
(3)
In an arbitration proceeding under this section, the arbitrators, or a majority
of the arbitrators, may:
(a)
Issue subpoenas on their own motion or at the request of a party to the
proceeding to:
(A)
Compel the attendance of a witness properly served by either party; and
(B)
Require from either party the production of books, papers and documents the
arbitrators find are relevant to the proceeding;
(b)
Administer oaths or affirmations to witnesses; and
(c)
Adjourn a hearing from day to day, or for a longer time, and from place to
place.
(4)
The arbitrators shall promptly provide a copy of a subpoena issued under this
section to each party to the arbitration proceeding.
(5)
The arbitrators issuing a subpoena under this section may rule on objections to
the issuance of the subpoena.
(6)
If a person fails to comply with a subpoena issued under this section or if a
witness refuses to testify on a matter on which the witness may be lawfully
questioned, the party who requested the subpoena or seeks the testimony may
apply to the arbitrators for an order authorizing the party to apply to the
circuit court of any county to enforce the subpoena or compel the testimony. On
the application of the attorney of record for the party or on the application
of the arbitrators, or a majority of the arbitrators, the court may require the
person or witness to show cause why the person or witness should not be
punished for contempt of court to the same extent and purpose as if the
proceedings were pending before the court.
(7)
Witnesses appearing pursuant to subpoena, other than parties or officers or
employees of the public employer, shall receive fees and mileage as prescribed
by law for witnesses in ORS 44.415 (2). [1973 c.536 §12; 1995 c.286 §5; 1999
c.75 §1]
243.710 [1963
c.579 §2; repealed by 1969 c.671 §1 (243.711 enacted in lieu of 243.710)]
243.711 [1969
c.671 §2 (enacted in lieu of 243.710); 1973 c.536 §1; renumbered 243.650]
243.712 Mediation upon failure to agree
after 150-day period; impasse; final offer; fact-finding; effect of subsequent
arbitration decision. (1) If after a 150-calendar-day
period of good faith negotiations over the terms of an agreement or 150 days
after certification or recognition of an exclusive representative, no agreement
has been signed, either or both of the parties may notify the Employment
Relations Board of the status of negotiations and the need for assignment of a
mediator. Any period of time in which the public employer or labor organization
has been found by the Employment Relations Board to have failed to bargain in
good faith shall not be counted as part of the 150-day period. This provision
cannot be invoked by the party found to have failed to bargain in good faith.
The parties may agree to request a mediator before the end of the 150-day
period. Upon receipt of such notification, the board shall appoint a mediator
and shall notify the parties of the appointment. The 150 days of negotiation
shall begin when the parties meet for the first bargaining session and each
party has received the other party’s initial proposal.
(2)
The board on the request of one of the parties shall render assistance to
resolve the labor dispute according to the following schedule:
(a)
Mediation shall be provided by the State Conciliation Service as provided by
ORS 662.405 to 662.455. Any time after 15 days of mediation, either party may
declare an impasse. The mediator may declare an impasse at any time during the
mediation process. Notification of an impasse shall be filed in writing with
the board, and copies of the notification shall be submitted to the parties on
the same day the notification is filed with the board.
(b)
Within seven days of the declaration of impasse, each party shall submit to the
mediator in writing the final offer of the party, including a cost summary of
the offer. Upon receipt of the final offers, the mediator shall make public the
final offers, including any proposed contract language and each party’s cost
summary dealing with those issues, on which the parties have failed to reach
agreement. Each party’s proposed contract language shall be titled “Final
Offer.”
(c)
Within 30 days after the mediator makes public the parties’ final offers, the
parties may agree and must jointly petition the Employment Relations Board to
appoint a fact finder. If the parties jointly petition for fact-finding, a fact
finder shall be appointed and the hearing conducted as provided in ORS 243.722.
(d)
If no agreement has been reached 30 days after the mediator makes public the
final offers, or if the parties participated in fact-finding, 30 days after the
receipt of the fact finder’s report, the public employer may implement all or
part of its final offer, and the public employees have the right to strike.
After a collective bargaining agreement has expired, and prior to agreement on
a successor contract, the status quo with respect to employment relations shall
be preserved until completion of impasse procedures except that no public
employer shall be required to increase contributions for insurance premiums
unless the expiring collective bargaining agreement provides otherwise. Merit
step and longevity step pay increases shall be part of the status quo unless
the expiring collective bargaining agreement expressly provides otherwise.
(e)
Nothing in this section shall be construed to prohibit the parties at any time
from voluntarily agreeing to submit any or all of the issues in dispute to
final and binding arbitration. The arbitration shall be scheduled and conducted
in accordance with ORS 243.746. The arbitration shall supersede the dispute
resolution procedures set forth in ORS 243.726 and 243.746. [1973 c.536 §13;
1987 c.84 §1; 1995 c.286 §6]
243.716 Use of volunteers not contracting
out for services. The use of volunteers to provide
services shall not be considered contracting out for services. The use of
reserve police personnel that does not require layoff shall not be considered
contracting out for services. [1995 c.286 §14]
Note:
243.716 was added to and made a part of 243.650 to 243.782 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
243.720 [1963
c.579 §1; repealed by 1973 c.536 §39]
243.722 Fact-finding procedure; costs;
basis for findings and opinions; effect of subsequent arbitration decision.
(1) In carrying out the fact-finding procedures authorized in ORS 243.712
(2)(c), the public employer and the exclusive representative may select their
own fact finder.
(2)(a)
Where the parties have not selected their own fact finder within five days
after written acknowledgment by the Employment Relations Board that
fact-finding has been jointly initiated, the board shall submit to the parties
a list of seven qualified, disinterested, unbiased persons. A list of Oregon
fact-finding interest arbitrations for which each person has issued an award
shall be included. Each party shall alternately strike three names from the
list. The order of striking shall be determined by lot. The remaining
individual shall be designated the “fact finder.”
(b)
When both parties desire a panel of three fact finders instead of one as
provided in this subsection, the board shall submit to the parties a list of
seven qualified, unbiased, disinterested persons. Each party shall alternately
strike two names from the list. The order of striking shall be determined by
lot. The remaining three persons shall be designated “fact finders.”
(c)
When the parties have not designated the fact finder and notified the board of
their choice within five days after receipt of the list, the board shall
appoint the fact finder from the list. However, if one of the parties strikes the
names as prescribed in this subsection and the other party fails to do so, the
board shall appoint the fact finder only from the names remaining on the list.
(d)
The concerns regarding the bias and qualifications of the person designated by
lot or by appointment may be challenged by a petition filed directly with the
board. A hearing shall be held by the board within 10 days of filing the
petition and the board shall issue a final and binding decision regarding the
person’s neutrality within 10 days of the hearing.
(3)
The fact finder shall establish dates and places of hearings. Upon the request
of either party or the fact finder, the board shall issue subpoenas. The fact
finder may administer oaths and shall afford all parties full opportunity to
examine and cross-examine all witnesses and to present any evidence pertinent
to the dispute. Not more than 30 days from the date of conclusion of the
hearings, the fact finder shall make written findings of fact and
recommendations for resolution of the dispute and shall serve such findings and
recommendations upon the parties and upon the board. Service may be personal or
by registered or certified mail. Not more than five working days after the
findings and recommendations have been sent, the parties shall notify the board
and each other whether or not they accept the recommendations of the fact
finder. If the parties do not accept them, the board, five days after receiving
notice that one or both of the parties do not accept the findings, shall
publicize the fact finder’s findings of facts and recommendations.
(4)
The parties may voluntarily agree at any time during or after fact-finding to
submit any or all of the issues in dispute to final and binding arbitration,
and if such agreement is reached prior to the publication of the fact finder’s
findings of facts and recommendations, the board shall not publicize such
findings and recommendations.
(5)
The cost of fact-finding shall be borne equally by the parties involved in the
dispute.
(6)
Fact finders shall base their findings and opinions on the matters prescribed
in this subsection in accordance with the criteria set out in ORS 243.746
(4)(a) to (h). [1973 c.536 §14; 1995 c.286 §7]
(Strikes)
243.726 Public employee strikes; equitable
relief against certain strikes; effect of unfair labor practice charge on prohibited
strike. (1) Participation in a strike shall be
unlawful for any public employee who is not included in an appropriate
bargaining unit for which an exclusive representative has been certified by the
Employment Relations Board or recognized by the employer; or is included in an
appropriate bargaining unit that provides for resolution of a labor dispute by
petition to final and binding arbitration; or when the strike is not made
lawful under ORS 240.060, 240.065, 240.080, 240.123, 243.650 to 243.782,
292.055 and 341.290.
(2)
It shall be lawful for a public employee who is not prohibited from striking
under subsection (1) of this section and who is in the appropriate bargaining
unit involved in a labor dispute to participate in a strike over mandatory
subjects of bargaining provided:
(a)
The requirements of ORS 243.712 and 243.722 relating to the resolution of labor
disputes have been complied with in good faith;
(b)
Thirty days have elapsed since the board has made public the fact finder’s
findings of fact and recommendations or the mediator has made public the
parties’ final offers;
(c)
The exclusive representative has given 10 days’ notice by certified mail of its
intent to strike and stating the reasons for its intent to strike to the board
and the public employer;
(d)
The collective bargaining agreement has expired, or the labor dispute arises
pursuant to a reopener provision in a collective bargaining agreement or
renegotiation under ORS 243.702 (1) or renegotiation under ORS 243.698; and
(e)
The union’s strike does not include unconventional strike activity not
protected under the National Labor Relations Act on June 6, 1995, and does not
constitute an unfair labor practice under ORS 243.672 (2)(f).
(3)(a)
Where the strike occurring or is about to occur creates a clear and present
danger or threat to the health, safety or welfare of the public, the public
employer concerned may petition the circuit court of the county in which the
strike has taken place or is to take place for equitable relief including but
not limited to appropriate injunctive relief.
(b)
If the strike is a strike of state employees the petition shall be filed in the
Circuit Court of Marion County.
(c)
If, after hearing, the court finds that the strike creates a clear and present
danger or threat to the health, safety or welfare of the public, it shall grant
appropriate relief. Such relief shall include an order that the labor dispute
be submitted to final and binding arbitration within 10 days of the court’s
order pursuant to procedures in ORS 243.746.
(4)(a)
No labor organization shall declare or authorize a strike of public employees
that is or would be in violation of this section. When it is alleged in good
faith by the public employer that a labor organization has declared or
authorized a strike of public employees that is or would be in violation of
this section, the employer may petition the board for a declaration that the
strike is or would be unlawful. The board, after conducting an investigation
and hearing, may make such declaration if it finds that such declaration or
authorization of a strike is or would be unlawful.
(b)
When a labor organization or individual disobeys an order of the appropriate
circuit court issued pursuant to enforcing an order of the board involving this
section and ORS 243.736, they shall be punished according to the provisions of
ORS 33.015 to 33.155, except that the amount of the fine shall be at the
discretion of the court.
(5)
An unfair labor practice by a public employer shall not be a defense to a
prohibited strike. The board upon the filing of an unfair labor charge alleging
that a public employer has committed an unfair labor practice during or arising
out of the collective bargaining procedures set forth in ORS 243.712 and
243.722, shall take immediate action on such charge and if required, petition
the court of competent jurisdiction for appropriate relief or a restraining
order.
(6)
As used in this section, “danger or threat to the health, safety or welfare of
the public” does not include an economic or financial inconvenience to the
public or to the public employer that is normally incident to a strike by
public employees. [1973 c.536 §16; 1979 c.257 §1; 1989 c.1089 §1; 1991 c.724 §28;
1995 c.286 §8]
243.730 [1963
c.579 §3; 1973 c.536 §3; renumbered 243.662]
243.732 Refusal to cross picket line as
prohibited strike. Public employees, other than
those engaged in a nonprohibited strike, who refuse to cross a picket line shall
be deemed to be engaged in a prohibited strike and shall be subject to the
terms and conditions of ORS 243.726, pertaining to prohibited strikes. [1973
c.536 §23]
243.735 [1969
c.671 §5; 1973 c.536 §6; renumbered 243.666]
243.736 Strikes by deputy district
attorneys and certain emergency and public safety personnel.
(1) It is unlawful for any of the following public employees to strike or
recognize a picket line of a labor organization while in the performance of
official duties:
(a)
Deputy district attorneys;
(b)
Emergency telephone worker;
(c)
Employee of the Oregon Youth Authority who has custody, control or supervision
of youth offenders;
(d)
Firefighter;
(e)
Guard at a correctional institution or mental hospital;
(f)
Parole and probation officer who supervises adult offenders; and
(g)
Police officer.
(2)
As used in this section, “emergency telephone worker” means a person whose
official focal duties are receiving information through a 9-1-1 emergency
reporting system under ORS 403.105 to 403.250, relaying the information to
public or private safety agencies or dispatching emergency equipment or
personnel in response to the information. [1973 c.536 §17; 1985 c.232 §1; 1989
c.793 §20; 2003 c.216 §1; 2007 c.646 §1; 2009 c.376 §1]
243.738 Strikes by employees of mass
transit districts, transportation districts and municipal bus systems.
(1) It is unlawful for any employee of a mass transit district, transportation
district or municipal bus system to strike or recognize a picket line of a labor
organization while in the performance of official duties.
(2)
As used in this section:
(a)
“Mass transit district” means a mass transit district established under ORS
267.010 to 267.390.
(b)
“Transportation district” means a transportation district established under ORS
267.510 to 267.650. [2007 c.641 §2]
Note:
243.738 was added to and made a part of 243.650 to 243.782 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
243.740 [1963
c.579 §4; repealed by 1973 c.536 §39]
(Arbitration)
243.742 Binding arbitration when strike
prohibited. (1) It is the public policy of the
State of Oregon that where the right of employees to strike is by law
prohibited, it is requisite to the high morale of such employees and the
efficient operation of such departments to afford an alternate, expeditious,
effective and binding procedure for the resolution of labor disputes and to
that end the provisions of ORS 240.060, 240.065, 240.080, 240.123, 243.650 to
243.782, 292.055 and 341.290, providing for compulsory arbitration, shall be
liberally construed.
(2)
When the procedures set forth in ORS 243.712 and 243.722, relating to mediation
of a labor dispute, have not culminated in a signed agreement between the
parties who are prohibited from striking, the public employer and exclusive
representative of its employees shall include with the final offer filed with
the mediator a petition to the Employment Relations Board in writing which initiates
binding arbitration for bargaining units with employees referred to in ORS
243.736 (1). Arbitration shall be scheduled by mutual agreement not earlier
than 30 days following the submission of the final offer packages to the
mediator. Arbitration shall be scheduled in accordance with the procedures
prescribed in ORS 243.746. [1973 c.536 §18; 1995 c.286 §9]
243.745 [1969
c.671 §6; repealed by 1973 c.536 §39]
243.746 Selection of arbitrator;
arbitration procedure; last best offers; bases for findings and opinions; sharing
arbitration costs. (1) In carrying out the
arbitration procedures authorized in ORS 243.712 (2)(e), 243.726 (3)(c) and
243.742, the public employer and the exclusive representative may select their
own arbitrator.
(2)
Where the parties have not selected their own arbitrator within five days after
notification by the Employment Relations Board that arbitration is to be
initiated, the board shall submit to the parties a list of seven qualified,
disinterested, unbiased persons. A list of Oregon interest arbitrations and
fact-findings for which each person has issued an award shall be included. Each
party shall alternately strike three names from the list. The order of striking
shall be determined by lot. The remaining individual shall be designated the “arbitrator”:
(a)
When the parties have not designated the arbitrator and notified the board of
their choice within five days after receipt of the list, the board shall
appoint the arbitrator from the list. However, if one of the parties strikes
the names as prescribed in this subsection and the other party fails to do so,
the board shall appoint the arbitrator only from the names remaining on the
list.
(b)
The concerns regarding the bias and qualifications of the person designated by
lot or by appointment may be challenged by a petition filed directly with the
board. A hearing shall be held by the board within 10 days of filing of the
petition and the board shall issue a final and binding decision regarding the
person’s neutrality within 10 days of the hearing.
(3)
The arbitrator shall establish dates and places of hearings. Upon the request
of either party or the arbitrator, the board shall issue subpoenas. Not less
than 14 calendar days prior to the date of the hearing, each party shall submit
to the other party a written last best offer package on all unresolved
mandatory subjects, and neither party may change the last best offer package
unless pursuant to stipulation of the parties or as otherwise provided in this
subsection. The date set for the hearing may thereafter be changed only for
compelling reasons or by mutual consent of the parties. If either party
provides notice of a change in its position within 24 hours of the 14-day
deadline, the other party will be allowed an additional 24 hours to modify its
position. The arbitrator may administer oaths and shall afford all parties full
opportunity to examine and cross-examine all witnesses and to present any
evidence pertinent to the dispute.
(4)
Where there is no agreement between the parties, or where there is an agreement
but the parties have begun negotiations or discussions looking to a new
agreement or amendment of the existing agreement, unresolved mandatory subjects
submitted to the arbitrator in the parties’ last best offer packages shall be
decided by the arbitrator. Arbitrators shall base their findings and opinions
on these criteria giving first priority to paragraph (a) of this subsection and
secondary priority to paragraphs (b) to (h) of this subsection as follows:
(a)
The interest and welfare of the public.
(b)
The reasonable financial ability of the unit of government to meet the costs of
the proposed contract giving due consideration and weight to the other
services, provided by, and other priorities of, the unit of government as
determined by the governing body. A reasonable operating reserve against future
contingencies, which does not include funds in contemplation of settlement of
the labor dispute, shall not be considered as available toward a settlement.
(c)
The ability of the unit of government to attract and retain qualified personnel
at the wage and benefit levels provided.
(d)
The overall compensation presently received by the employees, including direct
wage compensation, vacations, holidays and other paid excused time, pensions,
insurance, benefits, and all other direct or indirect monetary benefits
received.
(e)
Comparison of the overall compensation of other employees performing similar
services with the same or other employees in comparable communities. As used in
this paragraph, “comparable” is limited to communities of the same or nearest
population range within Oregon. Notwithstanding the provisions of this
paragraph, the following additional definitions of “comparable” apply in the
situations described as follows:
(A)
For any city with a population of more than 325,000, “comparable” includes
comparison to out-of-state cities of the same or similar size;
(B)
For counties with a population of more than 400,000, “comparable” includes
comparison to out-of-state counties of the same or similar size; and
(C)
For the State of Oregon, “comparable” includes comparison to other states.
(f)
The CPI-All Cities Index, commonly known as the cost of living.
(g)
The stipulations of the parties.
(h)
Such other factors, consistent with paragraphs (a) to (g) of this subsection as
are traditionally taken into consideration in the determination of wages,
hours, and other terms and conditions of employment. However, the arbitrator
shall not use such other factors, if in the judgment of the arbitrator, the
factors in paragraphs (a) to (g) of this subsection provide sufficient evidence
for an award.
(5)
Not more than 30 days after the conclusion of the hearings or such further
additional periods to which the parties may agree, the arbitrator shall select
only one of the last best offer packages submitted by the parties and shall
promulgate written findings along with an opinion and order. The opinion and
order shall be served on the parties and the board. Service may be personal or
by registered or certified mail. The findings, opinions and order shall be
based on the criteria prescribed in subsection (4) of this section.
(6)
The cost of arbitration shall be borne equally by the parties involved in the
dispute. [1973 c.536 §19; 1995 c.286 §10; 2001 c.104 §76]
Note: The
amendments to 243.746 by section 1, chapter 878, Oregon Laws 2009, take effect
January 1, 2013. See section 2, chapter 878, Oregon Laws 2009. The text that is
effective on and after January 1, 2013, is set forth for the user’s
convenience.
243.746. (1) In
carrying out the arbitration procedures authorized in ORS 243.712 (2)(e),
243.726 (3)(c) and 243.742, the public employer and the exclusive
representative may select their own arbitrator.
(2)
Where the parties have not selected their own arbitrator within five days after
notification by the Employment Relations Board that arbitration is to be
initiated, the board shall submit to the parties a list of seven qualified,
disinterested, unbiased persons. A list of Oregon interest arbitrations and
fact-findings for which each person has issued an award shall be included. Each
party shall alternately strike three names from the list. The order of striking
shall be determined by lot. The remaining individual shall be designated the “arbitrator”:
(a)
When the parties have not designated the arbitrator and notified the board of
their choice within five days after receipt of the list, the board shall
appoint the arbitrator from the list. However, if one of the parties strikes
the names as prescribed in this subsection and the other party fails to do so,
the board shall appoint the arbitrator only from the names remaining on the
list.
(b)
The concerns regarding the bias and qualifications of the person designated by
lot or by appointment may be challenged by a petition filed directly with the
board. A hearing shall be held by the board within 10 days of filing of the
petition and the board shall issue a final and binding decision regarding the
person’s neutrality within 10 days of the hearing.
(3)
The arbitrator shall establish dates and places of hearings. Upon the request
of either party or the arbitrator, the board shall issue subpoenas. Not less
than 14 calendar days prior to the date of the hearing, each party shall submit
to the other party a written last best offer package on all unresolved
mandatory subjects, and neither party may change the last best offer package
unless pursuant to stipulation of the parties or as otherwise provided in this
subsection. The date set for the hearing may thereafter be changed only for
compelling reasons or by mutual consent of the parties. If either party
provides notice of a change in its position within 24 hours of the 14-day
deadline, the other party will be allowed an additional 24 hours to modify its
position. The arbitrator may administer oaths and shall afford all parties full
opportunity to examine and cross-examine all witnesses and to present any
evidence pertinent to the dispute.
(4)
Where there is no agreement between the parties, or where there is an agreement
but the parties have begun negotiations or discussions looking to a new
agreement or amendment of the existing agreement, unresolved mandatory subjects
submitted to the arbitrator in the parties’ last best offer packages shall be
decided by the arbitrator. Arbitrators shall base their findings and opinions
on these criteria giving first priority to paragraph (a) of this subsection and
secondary priority to paragraphs (b) to (h) of this subsection as follows:
(a)
The interest and welfare of the public.
(b)
The reasonable financial ability of the unit of government to meet the costs of
the proposed contract giving due consideration and weight to the other
services, provided by, and other priorities of, the unit of government as
determined by the governing body. A reasonable operating reserve against future
contingencies, which does not include funds in contemplation of settlement of
the labor dispute, shall not be considered as available toward a settlement.
(c)
The ability of the unit of government to attract and retain qualified personnel
at the wage and benefit levels provided.
(d)
The overall compensation presently received by the employees, including direct
wage compensation, vacations, holidays and other paid excused time, pensions,
insurance, benefits, and all other direct or indirect monetary benefits
received.
(e)
Comparison of the overall compensation of other employees performing similar
services with the same or other employees in comparable communities. As used in
this paragraph, “comparable” is limited to communities of the same or nearest
population range within Oregon. Notwithstanding the provisions of this
paragraph, the following additional definitions of “comparable” apply in the
situations described as follows:
(A)
For any city with a population of more than 325,000, “comparable” includes
comparison to out-of-state cities of the same or similar size;
(B)
For counties with a population of more than 400,000, “comparable” includes
comparison to out-of-state counties of the same or similar size;
(C)
Except as otherwise provided in subparagraph (D) of this paragraph, for the
State of Oregon, “comparable” includes comparison to other states; and
(D)
For the Department of State Police troopers, “comparable” includes the base pay
for city police officers employed by the five most populous cities in this
state.
(f)
The CPI-All Cities Index, commonly known as the cost of living.
(g)
The stipulations of the parties.
(h)
Such other factors, consistent with paragraphs (a) to (g) of this subsection as
are traditionally taken into consideration in the determination of wages,
hours, and other terms and conditions of employment. However, the arbitrator
shall not use such other factors, if in the judgment of the arbitrator, the
factors in paragraphs (a) to (g) of this subsection provide sufficient evidence
for an award.
(5)
Not more than 30 days after the conclusion of the hearings or such further
additional periods to which the parties may agree, the arbitrator shall select
only one of the last best offer packages submitted by the parties and shall
promulgate written findings along with an opinion and order. The opinion and
order shall be served on the parties and the board. Service may be personal or
by registered or certified mail. The findings, opinions and order shall be
based on the criteria prescribed in subsection (4) of this section.
(6)
The cost of arbitration shall be borne equally by the parties involved in the
dispute.
243.750 [1963
c.579 §5; repealed by 1969 c.671 §3 (243.751 enacted in lieu of 243.750)]
243.751 [1969
c.671 §4 (enacted in lieu of 243.750); repealed by 1973 c.536 §39]
243.752 Arbitration decision final;
enforcement; effective date of compensation increases; modifying award.
(1) A majority decision of the arbitration panel, under ORS 243.706, 243.726,
243.736, 243.742 and 243.746, if supported by competent, material and
substantial evidence on the whole record, based upon the factors set forth in
ORS 243.746 (4), shall be final and binding upon the parties. Refusal or
failure to comply with any provision of a final and binding arbitration award
is an unfair labor practice. Any order issued by the Employment Relations Board
pursuant to this section may be enforced at the instance of either party or the
board in the circuit court for the county in which the dispute arose.
(2)
The arbitration panel may award increases retroactively to the first day after
the expiration of the immediately preceding collective bargaining agreement. At
any time the parties, by stipulation, may amend or modify an award of
arbitration. [1973 c.536 §20; 1981 c.423 §1; 1983 c.504 §2]
243.756 Employment conditions during
arbitration. During the pendency of arbitration
proceedings that occur after the expiration of a previous collective bargaining
agreement, all wages and benefits shall remain frozen at the level last in
effect before the agreement expired, except that no public employer shall be
required to increase contributions for insurance premiums unless the expiring
collective bargaining agreement provides otherwise. Merit step and longevity
step pay increases shall be part of the status quo unless the expiring
collective bargaining agreement expressly provides otherwise. [1973 c.536 §21;
1995 c.286 §11]
243.760 [1963
c.579 §6; repealed by 1973 c.536 §39]
243.762 Alternative arbitration procedure
under collective bargaining agreement. Nothing in
ORS 240.060, 240.065, 240.080, 240.123, 243.650 to 243.782, 292.055 and 341.290
is intended to prohibit a public employer and the exclusive representative of
its employees from entering into a collective bargaining agreement which
provides for a compulsory arbitration procedure which is substantially
equivalent to ORS 243.742 to 243.756. [1973 c.536 §22]
(Miscellaneous)
243.766 Board duties in administration of
collective bargaining laws; rules. The
Employment Relations Board shall:
(1)
Establish procedures for, investigate and resolve any disputes concerning the
designation of an appropriate bargaining unit.
(2)
Establish procedures for, resolve disputes with respect to, and supervise the
conduct of elections for the determination of employee representation.
(3)
Conduct proceedings on complaints of unfair labor practices by employers,
employees and labor organizations and take such actions with respect thereto as
it deems necessary and proper.
(4)
Petition the appropriate circuit court for enforcement of any order issued by
the board pursuant to ORS 243.650 to 243.782.
(5)
Hold such hearings and make such inquiries as it deems necessary to carry out
properly its functions and powers, and for the purpose of such hearings and
inquiries, administer oaths and affirmations, examine witnesses and documents
and issue subpoenas.
(6)
Conduct studies on problems relating to public employment relations and make
recommendations with respect thereto to the legislative bodies; request
information and data from state and county departments and agencies and labor
organizations necessary to carry out its functions and responsibilities; make
available to public employers, labor organizations, mediators, members of
fact-finding boards, arbitrators and other concerned parties statistical data
relating to wages, benefits, and employment practices in public and private
employment to assist them in resolving issues in negotiation.
(7)
Adopt rules relative to the exercise of its powers and authority and to govern
the proceedings before it in accordance with ORS chapter 183. [1973 c.536 §24]
243.770 [1965
c.390 §5; 1971 c.582 §10; repealed by 1973 c.536 §39]
243.772 Effect of collective bargaining
laws on local charters and ordinances. Any
provisions of local charters and ordinances adopted pursuant thereto in
existence on October 5, 1973, and not in conflict with the rights and duties
established in ORS 240.060, 240.065, 240.080, 240.123, 243.650 to 243.782,
292.055 and 341.290 may remain in full force and effect after the Employment
Relations Board has determined that no conflict exists. [1973 c.536 §15]
243.775 [1995
c.600 §2; renumbered 243.800 in 1997]
243.776 Rights and responsibilities of
public employees. The rights and responsibilities
prescribed for state officers and employees in ORS 292.055 shall accrue to
employees of all public employers. [1973 c.536 §32]
243.778 Student representation when
bargaining unit includes public university faculty; duties of student
representatives; confidentiality requirements.
(1) When an appropriate bargaining unit includes members of the faculty of a
public university listed in ORS 352.002, the duly organized and recognized
entity of student government at that university may designate three
representatives to meet and confer with the public employer of those members of
the faculty and the exclusive representative of that appropriate bargaining
unit prior to collective bargaining.
(2)
During the course of collective bargaining between the public employer and the
exclusive representative described in subsection (1) of this section, the
representatives of student government designated under subsection (1) of this
section shall:
(a)
Be allowed to attend and observe all meetings between the public employer and
the exclusive representative at which collective bargaining occurs;
(b)
Have access to all written documents pertaining to the collective bargaining
negotiations exchanged by the public employer and the exclusive representative,
including copies of any prepared written transcripts of the bargaining session;
(c)
Be allowed to comment in good faith during the bargaining sessions upon matters
under consideration; and
(d)
Be allowed to meet and confer with the exclusive representative and the public
employer regarding the terms of an agreement between them prior to the
execution of a written contract incorporating that agreement.
(3)
Rules regarding confidentiality and release of information shall apply to
student representatives in the same manner as employer and employee bargaining
unit representatives.
(4)
As used in this section, “meet and confer” means the performance of the mutual
obligation of the representatives of student government designated under
subsection (1) of this section, the exclusive representative and the public
employer, or any two of them, to meet at the request of one of them at
reasonable times at a place convenient to all to conduct in good faith an
interchange of views concerning the duties of each under this section,
employment relations of the faculty, the negotiation of an agreement and the
execution of a written agreement. [1975 c.679 §2; 2011 c.637 §78]
243.780 [1965
c.543 §§2,3,4; 1969 c.80 §35b; repealed by 1973 c.536 §39]
243.782 Representation by counsel
authorized. (1) For purposes of proceedings
commenced pursuant to ORS 240.060, 240.065, 240.080, 240.123, 243.650 to
243.782, 292.055 and 341.290, a person may be represented by counsel or any
other agent authorized by such person.
(2)
As used in subsection (1) of this section, “person” means any individual, a
labor organization or a public employer. [1973 c.536 §33]
243.785 [1969
c.671 §7; repealed by 1973 c.536 §39]
243.787 [1969
c.671 §8; repealed by 1973 c.536 §39]
243.789 [1969
c.671 §11; repealed by 1973 c.536 §39]
243.791 [1969
c.671 §12; repealed by 1973 c.536 §39]
243.793 [1969
c.671 §9; repealed by 1973 c.536 §39]
243.795 [1969
c.671 §10; repealed by 1973 c.536 §39]
OPTIONAL RETIREMENT PLAN FOR HIGHER
EDUCATION EMPLOYEES
243.800 Optional retirement plan for
certain academic and administrative higher education employees.
(1) Notwithstanding any provision of ORS chapter 238 or 238A or ORS 243.910 to
243.945, the State Board of Higher Education shall establish and administer an
Optional Retirement Plan for administrative and academic employees of the
Oregon University System who are eligible for membership in the Public Employees
Retirement System. The Optional Retirement Plan must be a qualified plan under
the Internal Revenue Code, capable of accepting funds transferred under
subsection (7) of this section without the transfer being treated as a taxable
event under the Internal Revenue Code, and willing to accept those funds.
Retirement and death benefits shall be provided under the plan by the purchase
of annuity contracts, fixed or variable or a combination thereof, or by
contracts for investments in mutual funds.
(2)
The State Board of Higher Education shall select at least two life insurance
companies providing fixed and variable annuities and at least two investment
companies providing mutual funds, but not more than five companies in total,
for the purpose of providing benefits under the Optional Retirement Plan. The
State Board of Higher Education shall establish selection criteria for the
purpose of this subsection.
(3)
An administrative or academic employee may make an irrevocable election to
participate in the Optional Retirement Plan within six months after being
employed. An election under this subsection is effective on the first day of
the month following six full months of employment.
(4)
An administrative or academic employee who does not elect to participate in the
Optional Retirement Plan:
(a)
Remains or becomes a member of the Public Employees Retirement System in
accordance with ORS chapters 238 and 238A; or
(b)
Continues to be assisted by the State Board of Higher Education under ORS
243.920 if the employee is being so assisted.
(5)
Except as provided in subsection (6) of this section, employees who elect to
participate in the Optional Retirement Plan are ineligible for active
membership in the Public Employees Retirement System or for any assistance by
the State Board of Higher Education under ORS 243.920 as long as those
employees are employed in the Oregon University System and the plan is in
effect.
(6)(a)
An administrative or academic employee who elects to participate in the
Optional Retirement Plan, who has creditable service under ORS chapter 238 as
defined by ORS 238.005 and who is not vested shall be considered by the Public
Employees Retirement Board to be a terminated member under the provisions of
ORS 238.095 as of the effective date of the election, and the amount credited
to the member account of the member shall be transferred directly to the
Optional Retirement Plan by the Public Employees Retirement Board in the manner
provided by subsection (7) of this section.
(b)
An administrative or academic employee who elects to participate in the
Optional Retirement Plan, who has creditable service under ORS chapter 238 as
defined by ORS 238.005 and who is vested shall be considered to be an inactive
member by the Public Employees Retirement Board and shall retain all the
rights, privileges and options under ORS chapter 238 unless the employee makes
a written request to the Public Employees Retirement Board for a transfer of
the amounts credited to the member account of the member to the Optional Retirement
Plan. A request for a transfer must be made at the time the member elects to
participate in the Optional Retirement Plan. Upon receiving the request, the
Public Employees Retirement Board shall transfer all amounts credited to the
member account of the member directly to the Optional Retirement Plan, and
shall terminate all rights, privileges and options of the employee under ORS
chapter 238.
(c)
An administrative or academic employee who elects to participate in the
Optional Retirement Plan, and who is not a vested member of the pension program
of the Oregon Public Service Retirement Plan as described in ORS 238A.115 on
the date that the election becomes effective, shall be considered to be a
terminated member of the pension program by the Public Employees Retirement
Board as of the effective date of the election.
(d)
An administrative or academic employee who elects to participate in the
Optional Retirement Plan, and who is a vested member of the pension program of
the Oregon Public Service Retirement Plan as described in ORS 238A.115 on the
date that the election becomes effective, shall be considered an inactive
member of the pension program by the Public Employees Retirement Board as of
the effective date of the election. An employee who is subject to the
provisions of this paragraph retains all the rights, privileges and options of
an inactive member of the pension program. If the actuarial equivalent of the
employee’s benefit under the pension program at the time that the election
becomes effective is $5,000 or less, the employee may make a written request to
the Public Employees Retirement Board for a transfer of the employee’s interest
under the pension program to the Optional Retirement Plan. The request must be
made at the time the member elects to participate in the Optional Retirement
Plan. Upon receiving the request, the Public Employees Retirement Board shall
transfer the amount determined to be the actuarial equivalent of the employee’s
benefit under the pension program directly to the Optional Retirement Plan, and
shall terminate the membership of the employee in the pension program.
(e)
An administrative or academic employee who elects to participate in the
Optional Retirement Plan, and who is a vested member of the individual account
program of the Oregon Public Service Retirement Plan as described in ORS
238A.320 on the date that the election becomes effective, shall be considered
an inactive member of the individual account program by the Public Employees
Retirement Board as of the effective date of the election. An employee who is
subject to the provisions of this paragraph retains all the rights, privileges
and options of an inactive member of the individual account program. An
administrative or academic employee who elects to participate in the Optional
Retirement Plan, and who is a member of the individual account program of the
Oregon Public Service Retirement Plan, may make a written request to the Public
Employees Retirement Board that all amounts in the member’s employee account, rollover
account and employer account, to the extent the member is vested in those
accounts under ORS 238A.320, be transferred to the Optional Retirement Plan.
The request must be made at the time the member elects to participate in the
Optional Retirement Plan. Upon receiving the request, the Public Employees
Retirement Board shall transfer the amounts directly to the Optional Retirement
Plan, and shall terminate the membership of the employee in the individual
account program upon making the transfer.
(f)
Notwithstanding paragraphs (b), (d) and (e) of this subsection, the Public
Employees Retirement Board may not treat any employee as an inactive member
under the provisions of this subsection for the purpose of receiving any
benefit under ORS chapter 238 or 238A that requires that the employee be
separated from all service with participating public employers and with
employers who are treated as part of a participating public employer’s
controlled group under the federal laws and rules governing the status of the
system and the Public Employees Retirement Fund as a qualified governmental
retirement plan and trust.
(7)
Any amounts transferred from the Public Employees Retirement Fund under
subsection (6) of this section shall be transferred directly to the Optional
Retirement Plan by the Public Employees Retirement Board and may not be made
available to the employee.
(8)
An employee participating in the Optional Retirement Plan shall contribute
monthly an amount equal to the percentage of the employee’s salary that the
employee would otherwise have contributed as an employee contribution to the
Public Employees Retirement System if the employee had not elected to
participate in the Optional Retirement Plan.
(9)
The State Board of Higher Education shall contribute monthly to the Optional
Retirement Plan the percentage of salary of each employee participating in the
plan equal to the percentage of salary that would otherwise have been
contributed as an employer contribution on behalf of the employee to the Public
Employees Retirement System, before any offset under ORS 238.229 (2), if the
employee had not elected to participate in the Optional Retirement Plan.
(10)
Both employee and employer contributions to an Optional Retirement Plan shall
be remitted directly to the companies that have issued annuity contracts to the
participating employees or directly to the mutual funds.
(11)
Benefits under the Optional Retirement Plan are payable to employees who elect
to participate in the plan and their beneficiaries by the selected annuity
provider or mutual fund in accordance with the terms of the annuity contracts
or the terms of the contract with the mutual fund. Employees electing to
participate in the plan agree that benefits payable under the plan are not
obligations of the State of Oregon or of the Public Employees Retirement
System. [Formerly 243.775; 2001 c.945 §66; 2003 c.67 §34; 2003 c.733 §69; 2005
c.611 §1; 2007 c.71 §76; 2007 c.769 §5]
Note:
243.800 was added to and made a part of ORS chapter 243 by legislative action
but was not added to any smaller series therein. See Preface to Oregon Revised
Statutes for further explanation.
TAX-SHELTERED ANNUITIES FOR EDUCATIONAL
EMPLOYEES
243.810 [1965
c.606 §1; 1979 c.227 §1; 1981 c.407 §2; 1995 c.162 §66; repealed by 2007 c.704 §2]
243.820 Agreement for payment of annuity
premium or investment in stock of regulated investment company.
(1) In order to obtain the advantages of 26 U.S.C. 403(b), or any equivalent
provision of federal law, an employer may agree with an employee who performs
services for an educational institution that:
(a)
The employee’s salary will be reduced monthly by a stated amount, or the
employee will forgo monthly a salary increase of a stated amount; and
(b)
On behalf of the employee, the employer shall contribute monthly an amount
equal to the stated amount determined under paragraph (a) of this subsection as
premiums for an annuity contract or to a custodial account for investment in
the stock of regulated investment companies as defined in 26 U.S.C.
403(b)(7)(C). The amount contributed by the employer under this subsection may
not exceed the stated amount.
(2)
Notwithstanding any other provision of law, pursuant to an agreement under
subsection (1) of this section, the stated amounts shall be forwarded by the
employer as annuity premiums to the company or association with which it has
entered into an annuity contract or to the regulated investment company or its
transfer agent for the benefit of the employee.
(3)
An employer may make nonelective employer contributions on behalf of an
employee who performs services for an educational institution as premiums for
an annuity contract, or to a custodial account for investment in the stock of
regulated investment companies as defined in 26 U.S.C. 403(b)(7)(C), for the
purpose of obtaining the advantages of 26 U.S.C. 403(b) or any equivalent
provision of federal law. Employer contributions under this subsection are in
addition to any employee contributions under subsection (1) of this section.
(4)
As used in this section:
(a)
“Educational institution” means an educational institution that normally
maintains a regular faculty and curriculum and normally has a regularly
organized body of students in attendance at the place where its educational activities
are carried on or an education service district.
(b)
“Employer” means the State Board of Higher Education, any other state agency, a
community college district, a school district, the Oregon Health and Science
University or an education service district employing an individual who
performs services for an educational institution. [1965 c.606 §2; 1981 c.407 §1;
2007 c.704 §1]
243.830 Effect of agreement on retirement
contributions and benefits. An agreement executed pursuant
to ORS 243.820 by an employee who is subject to ORS chapter 238 or 238A, or a
similar retirement program for public employees, in no way affects the
contributions to be made or the benefits to be provided for such employee under
ORS chapter 238 or 238A or the other similar program. Reduction of salary or
forgoing a salary increase by a stated amount under ORS 243.820 shall not be
deemed a reduction in salary for the purpose of such contributions and
benefits. [1965 c.606 §3; 1999 c.130 §7; 2003 c.733 §70]
COACHES PLAN
243.850 Qualified football coaches plan;
participation; salary deduction. (1) An
eligible football coach and the State Board of Higher Education may enter into
an agreement to provide that:
(a)
The coach’s salary will be reduced monthly by a stated amount that is not less
than $25 a month, or the coach will forgo monthly a salary increase of a stated
amount that is not less than $25 a month; and
(b)
The State Board of Higher Education will contribute monthly an amount equal to
the stated amount determined under paragraph (a) of this subsection for the
month to a designated qualified football coaches plan. The amount contributed
by the employer shall not exceed the stated amount.
(2)
The amount by which an eligible football coach’s salary or wages is reduced by
reason of the salary reduction or forgoing of a salary increase authorized by
subsection (1) of this section shall continue to be included as regular
compensation for the purpose of computing the retirement, pension and Social
Security benefits earned by the coach, but that amount shall not be considered
current taxable income for the purpose of computing federal and state income
taxes withheld on behalf of that coach.
(3)
For the purposes of this section:
(a)
“Eligible football coach” means a staff member of the Oregon University System
who primarily coaches football as a full-time employee of a four-year
university described in 26 U.S.C. 170(b)(1)(A)(ii).
(b)
“Qualified football coaches plan” has the meaning given that term in 29 U.S.C.
1002(37). [1991 c.604 §1; 1993 c.160 §1; 1997 c.11 §5; 2003 c.14 §114]
OREGON EDUCATORS BENEFIT BOARD
243.860 Definitions for ORS 243.860 to
243.886. As used in ORS 243.860 to 243.886,
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)
Self-insurance programs managed by the Oregon Educators Benefit Board; and
(c)
Comparable benefits for employees who rely on spiritual means of healing.
(2)
“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 provider or guarantor of benefit plan coverage and
compensation.
(3)
“District” means a common school district, a union high school district, an
education service district, as defined in ORS 334.003, or a community college
district, as defined in ORS 341.005.
(4)(a)
“Eligible employee” includes:
(A)
An officer or employee of a district who elects to participate in one of the
benefit plans described in ORS 243.864 to 243.874; and
(B)
An officer or employee of a district, whether or not retired, who:
(i)
Is receiving a service retirement allowance, a disability retirement allowance
or a pension under the Public Employees Retirement System or is 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
district for its officers and employees;
(ii)
Is eligible to receive a service retirement allowance under the Public
Employees Retirement System and has reached earliest service retirement age
under ORS chapter 238;
(iii)
Is eligible to receive a pension under ORS 238A.100 to 238A.245 and has reached
earliest retirement age as described in ORS 238A.165; or
(iv)
Is eligible to receive a service retirement allowance or pension under any
other retirement benefit plan or system offered by the district and has
attained earliest retirement age under the plan or system.
(b)
Except as provided in paragraph (a)(B) of this subsection, “eligible employee”
does not include an individual:
(A)
Engaged as an independent contractor;
(B)
Whose periods of employment in emergency work are on an intermittent or
irregular basis; or
(C)
Who is employed on less than a half-time basis unless the individual is
employed in a position classified as a job-sharing position or unless the
individual is defined as eligible under rules of the Oregon Educators Benefit
Board or under a collective bargaining agreement.
(5)
“Family member” means an eligible employee’s spouse or domestic partner and any
unmarried child or stepchild of an eligible employee within age limits and
other conditions imposed by the Oregon Educators Benefit 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 officers and employees of a
district.
(7)
“Premium” means the monthly or other periodic charge, including administrative
fees of the Oregon Educators Benefit Board, for a benefit plan. [2007 c.7 §1]
Note:
243.860 to 243.886 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.
243.862 Oregon Educators Benefit Board;
members; term; expenses; officers; quorum; meetings; confirmation.
(1) There is established in the Oregon Health Authority an Oregon Educators
Benefit Board consisting of 10 members appointed by the Governor, including:
(a)
Two members representing district boards;
(b)
Two members representing district management;
(c)
Two members representing nonmanagement district employees from the largest
labor organization representing district employees;
(d)
One member representing nonmanagement district employees from the second
largest labor organization representing district employees;
(e)
One member representing nonmanagement district employees who are not
represented by labor organizations described in paragraphs (c) and (d) of this
subsection; and
(f)
Two members with expertise in health policy or risk management.
(2)
The term of office of each member is four years, but a member serves at the
pleasure of the Governor. Before the expiration of the term of a member, 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.
(3)
A member of the board is not entitled to compensation, but may be reimbursed
from funds available to the board for actual and necessary travel and other
expenses incurred by the member in the performance of the member’s official
duties in the manner and amount provided in ORS 292.495.
(4)
The board 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 board determines.
(5)
A majority of the members of the board constitutes a quorum for the transaction
of business.
(6)
The board shall meet at times and places specified by the call of the
chairperson or of a majority of the members of the board.
(7)
Appointments of members to the board by the Governor are subject to
confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565.
[2007 c.7 §2; 2011 c.720 §72]
Note: See
note under 243.860.
243.864 Duties; rules; contracts;
personnel. (1) The Oregon Educators Benefit Board:
(a)
Shall adopt rules for the conduct of its business and for carrying out ORS
243.879; and
(b)
May adopt rules not inconsistent with ORS 243.860 to 243.886 to determine the
terms and conditions of eligible employee participation in and coverage under
benefit plans.
(2)
The board shall study all matters connected with the provision of adequate
benefit plan coverage for eligible employees on the best basis possible with
regard to the welfare of the employees and affordability for the districts. The
board shall design benefits, prepare specifications, analyze carrier responses
to advertisements for bids and award contracts. Contracts shall be signed by
the chairperson on behalf of the board.
(3)
In carrying out its duties under subsections (1) and (2) of this section, the
goal of the board is to provide high-quality health, dental and other benefit
plans for eligible employees at a cost affordable to the districts, the
employees and the taxpayers of Oregon.
(4)
The board shall prepare specifications, invite bids and take actions necessary
to award contracts for health and dental benefit plan coverage of eligible
employees in accordance with the criteria set forth in ORS 243.866 (1). The
Public Contracting Code does not apply to contracts for benefit plans provided
under ORS 243.860 to 243.886. The board may not exclude from competition to contract
for a benefit plan an Oregon carrier solely because the carrier does not serve
all counties in Oregon.
(5)
The board may retain consultants, brokers or other advisory personnel when
necessary and shall employ such personnel as are required to perform the
functions of the board. [2007 c.7 §3; 2011 c.418 §11]
Note: See
note under 243.860.
243.866 Benefit plans; criteria; coverage
options; payroll deductions; rules. (1) The
Oregon Educators Benefit Board shall contract for benefit plans best designed to
meet the needs and provide for the welfare of eligible employees and the
districts. In considering whether to enter into a contract for a benefit plan,
the board shall place emphasis on:
(a)
Employee choice among high-quality plans;
(b)
Encouragement of a competitive marketplace;
(c)
Plan performance and information;
(d)
District 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)
Improvement of employee health.
(2)
The board may approve more than one carrier for each type of benefit plan
offered, but the board shall limit the number of carriers to a number
consistent with adequate service to eligible employees and family members.
(3)
When appropriate, the board shall provide options under which an eligible
employee may arrange coverage for family members under a benefit plan.
(4)
A district shall provide that payroll deductions for benefit plan costs that
are not payable by the district may be made upon receipt of a signed
authorization from the employee indicating an election to participate in the
benefit plan or plans selected and allowing the deduction of those costs from
the employee’s pay.
(5)
In developing any benefit plan, the board may provide an option of additional
coverage for eligible employees and family members at an additional premium.
(6)
The board shall adopt rules providing that transfer of enrollment from one
benefit plan to another is open to all eligible employees and family members.
Because of the special problems that may arise involving acceptable
physician-patient relations between a particular panel of physicians and a
particular eligible employee or family member under a comprehensive group
practice benefit plan, the board shall provide a procedure under which any
eligible employee may apply at any time to substitute another benefit plan for
participation in a comprehensive group practice benefit plan.
(7)
An eligible employee who is retired is not required to participate in a health
benefit plan offered under this section in order to obtain dental benefit plan
coverage. The board shall establish by rule standards of eligibility for
retired employees to participate in a dental benefit plan.
(8)
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. [2007 c.7 §4; 2010 c.49 §2]
Note: See
note under 243.860.
243.868 Benefit plans for other than
health and dental benefits; premiums; district plans.
(1) In addition to contracting for health and dental benefit plans, the Oregon
Educators Benefit Board may contract with carriers to provide other benefit
plans including, but not limited to, insurance or other benefits based on life,
supplemental medical, supplemental dental, supplemental vision, accidental
death or disability insurance plans.
(2)
The premium for each eligible employee for coverage under a benefit plan other
than a health or dental benefit plan described in subsection (1) of this
section shall be the total cost per month of the coverage afforded the employee
under the plan for which the employee exercises an option, including the cost
of enrollment of the eligible employee and administrative expenses for the
plan.
(3)
The board may withdraw approval of any additional benefit plan in the same
manner as it withdraws approval of a health or dental benefit plan as described
and authorized by ORS 243.878.
(4)
If the board does not contract for a benefit plan described in subsection (1)
of this section, a district may contract for the benefit plan on behalf of any
district employees. The administrative expenses of the plan shall be paid in
accordance with the district’s negotiated agreement with the employees. Benefit
plans entered into by a district are subject to approval by the board before
they become operative. The board may withdraw approval of any such benefit plan
in the same manner as it withdraws approval of a benefit plan under ORS
243.878. [2007 c.7 §5]
Note: See
note under 243.860.
243.870 Long term care benefit plans.
(1) The Oregon Educators Benefit Board shall make available to eligible
employees and family members one or more fully insured long term care benefit
plans. Notwithstanding ORS 243.860, for purposes of this subsection, “family
member” includes family members, as defined by the board, the parents of the
eligible employee and the parents of the spouse or domestic partner of the
eligible employee.
(2)
Participation of eligible employees in any long term care benefit plan made
available by the board is voluntary and is subject to reasonable underwriting
guidelines and eligibility rules established by the board.
(3)
Unless otherwise agreed to by the employer, the eligible employee is
responsible for the payment of the long term care benefit plan premium
developed by the board. [2007 c.7 §6]
Note: See
note under 243.860.
243.872 Board to develop methods to make
long term care benefit plans available; educational materials.
(1) The Oregon Educators Benefit Board shall develop effective and
cost-effective ways to make available the long term care benefit plans
described in ORS 243.870.
(2)
The board, in consultation with the Public Employees Retirement System, shall develop
long term care benefit plan specifications, eligibility rules, underwriting
guidelines and consumer educational materials.
(3)
The board’s educational materials for eligible 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 benefit plans offered by the
board. [2007 c.7 §7]
Note: See
note under 243.860.
243.874 Flexible benefit plans; rules.
(1) In addition to the powers and duties otherwise provided by law to provide
benefit plans for eligible employees, the Oregon Educators Benefit Board may
provide and administer flexible benefit plans under which eligible employees
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 described in ORS 243.864 and 243.866.
(b)
Other insurance benefits as described in ORS 243.868.
(c)
Any other benefit that may be excluded from an employee’s gross income under
the federal Internal Revenue Code.
(d)
Any part or all of the district contribution for employee benefits in cash to
the employee.
(3)
In developing flexible benefit plans, the board shall design the plans on the
best basis possible with regard to the welfare of the employees and
affordability for the districts.
(4)
The board may pay some or all of the cost of administering flexible benefit
plans from funds authorized to pay general administrative expenses incurred by
the board.
(5)
The board shall adopt rules as the board considers necessary for the
establishment and administration of flexible benefit plans.
(6)
The board may contract with private organizations for administration of
flexible benefit plans in accordance with rules adopted under subsection (5) of
this section. [2007 c.7 §8]
Note: See
note under 243.860.
243.876 Payroll deductions; reports.
(1) Upon receipt of a request in writing from an eligible employee, the payroll
disbursing officer may deduct from the salary or wages of the employee an
amount of money indicated in the request for payment of the amount set forth in
benefit plans selected by the employee for the employee and family members.
(2)
Amounts deducted under subsection (1) of this section shall be paid over
promptly:
(a)
To the Oregon Educators Benefit Board, the carriers or the persons responsible
for payment of premiums to carriers in accordance with the terms of contracts
for benefit plans; or
(b)
With respect to self-insurance benefits, in accordance with rules and
procedures adopted by the board.
(3)
The payroll disbursing officer shall submit reports to the board regarding
claims experience and benefit plan coverage for eligible employees as the board
considers desirable. [2007 c.7 §9]
Note: See
note under 243.860.
243.878 Board authority with respect to
health benefit plans; termination of participation of district.
(1) The Oregon Educators Benefit Board may employ whatever means are reasonably
necessary to carry out the purposes of ORS 243.860 to 243.886. This authority
includes, but is not limited to, authority to self-insure and to seek
clarification, amendment, modification, suspension or termination of any
agreement or contract.
(2)
Upon providing specific notice in writing to the carrier, the affected labor
organization or organizations, the districts, the Oregon Health Authority and
the affected eligible employees, and after affording opportunity for a public
hearing on the issues that may be involved, the board may enter an order
withdrawing approval of a 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 a district in a benefit
plan if, within three months, the district fails to perform an action required
by ORS 243.860 to 243.886 or by board rule. [2007 c.7 §10; 2011 c.720 §73]
Note: See
note under 243.860.
243.879 Reimbursement methodology for
payment to hospitals. (1) A hospital that provides
services or supplies under a benefit plan offered by the Oregon Educators
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 §8]
Note: See
note under 243.860.
243.880 Oregon Educators Benefit Account;
continuing appropriation; monthly deposits. (1)
There is created the Oregon Educators Benefit Account, separate and distinct
from the General Fund. Moneys in the account are continuously appropriated to
the Oregon Educators Benefit Board to cover the board’s expenses incurred in
connection with the administration of ORS 243.860 to 243.886.
(2)
Subject to ORS 243.882, an amount not to exceed two percent of the monthly
employer and employee contributions for benefit plans available under ORS
243.860 to 243.886 shall be deposited in the account. [2007 c.7 §11]
Note: See
note under 243.860.
243.882 Monthly assessment of
participating districts; purposes; maximum account balance.
Subject to legislative budgetary authorization for operation of the Oregon
Educators Benefit Board and the board’s administration of benefit plans and
other duties under ORS 243.860 to 243.886, an amount not to exceed two percent
of the monthly employer and employee contributions for benefit plans shall be
forwarded by each participating district to the board and deposited by the
board in the State Treasury to the credit of the Oregon Educators Benefit
Account to meet the board’s administrative and other costs authorized by ORS
243.860 to 243.886. The board shall 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. [2007 c.7 §12]
Note: See
note under 243.860.
243.884 Oregon Educators Revolving Fund;
continuous appropriation to board; purposes; rules; moneys paid into fund.
(1) There is created the Oregon Educators Revolving Fund, separate and distinct
from the General Fund. Moneys in the Oregon Educators Revolving Fund are
continuously appropriated to the Oregon Educators Benefit Board to cover the
board’s expenses incurred in connection with the administration of ORS 243.860
to 243.886. Moneys in the Oregon Educators Revolving Fund may be retained for
limited periods of time as established by the board by rule. Among other
purposes, the board may retain the funds to pay premiums, control expenditures,
stabilize premiums and self-insure. The board may establish subaccounts within
the Oregon Educators Revolving Fund.
(2)
The following moneys shall be paid into the Oregon Educators Revolving Fund:
(a)
All unused employer contributions for benefit plans;
(b)
All refunds, dividends, unused premiums and other payments attributable to an
employee contribution or employer contribution made from a carrier that has
provided benefit plans administered by the board; and
(c)
All interest earned on the moneys in the fund. [2007 c.7 §13]
Note: See
note under 243.860.
243.886 Limitations on district
participation in benefit plans; exceptions. (1)
Except as provided in subsections (2) and (3) of this section:
(a)
A district may not provide or contract for a benefit plan unless the benefit
plan is provided and administered by the Oregon Educators Benefit Board under ORS
243.860 to 243.886; and
(b)
Eligible employees of a district may participate only in benefit plans provided
and administered by the board.
(2)(a)
Except for community college districts, a district that was self-insured before
January 1, 2007, or a district that had an independent health insurance trust
established and functioning before January 1, 2007, may provide or contract for
benefit plans other than benefit plans provided and administered by the board
if the premiums for the benefit plans provided or contracted for by the
district are equal to or less than the premiums for comparable benefit plans
provided and administered by the board.
(b)
A community college district may provide or contract for benefit plans other
than benefit plans provided and administered by the board.
(c)
In accordance with procedures adopted by the board to extend benefit plan
coverage under ORS 243.864 to 243.874 to eligible employees of a self-insured
district, a district with an independent health insurance trust or a community
college district, these districts may choose to offer benefit plans that are
provided and administered by the board. Once employees of a district
participate in benefit plans provided and administered by the board, the
district may not thereafter provide or contract for benefit plans other than
those provided and administered by the board.
(3)(a)
A district that has not offered benefit plans provided and administered by the
board before June 23, 2009, may provide or contract for benefit plans other
than benefit plans provided and administered by the board if the premiums for
the benefit plans provided or contracted for by the district are equal to or
less than the premiums for comparable benefit plans provided and administered
by the board. Once employees of a district or an employee group within a
district participates in benefit plans provided and administered by the board,
the district may not thereafter provide or contract for benefit plans for those
employees or employee groups other than those provided and administered by the
board.
(b)
To maintain the exception created in this subsection, the board must perform an
actuarial analysis of the district at least once every two years. If requested
by the district or a labor organization representing eligible employees of the
district, the board shall perform the actuarial analysis annually.
(c)
As used in this subsection, “district” does not include a community college
district.
(4)
Nothing in ORS 243.860 to 243.886 may be construed to expand or contract
collective bargaining rights or collective bargaining obligations. [2007 c.7 §14;
2009 c.474 §1]
Note: See
note under 243.860.
(Temporary provisions relating to Task
Force on Educator Health Benefits)
Note:
Sections 20, 21 and 22, chapter 7, Oregon Laws 2007, provide:
Sec. 20. (1)
There is created the Task Force on Educator Health Benefits consisting of six
members appointed as follows:
(a)
The President of the Senate shall appoint one member from among members of the
Senate.
(b)
The Speaker of the House of Representatives shall appoint one member from among
members of the House of Representatives.
(c)
The Governor shall appoint four members as follows:
(A)
One member who is a nonmanagement district employee and who is in a labor
organization representing district employees;
(B)
Two members who are not eligible to participate in a benefit plan provided
under sections 1 to 14 of this 2007 Act [243.860 to 243.886] and who have
expertise in health insurance or in employee benefit plan design or
administration; and
(C)
One member who is a district management employee.
(2)
The task force shall review the benefit plans provided through the Oregon
Educators Benefit Board, analyze the benefits provided by and the
administration of the benefit plans and determine whether the enactment of
sections 1 to 14 of this 2007 Act has resulted in cost savings to the state.
(3)
A majority of the members of the task force constitutes a quorum for the
transaction of business.
(4)
Official action by the task force requires the approval of a majority of the
members of the task force.
(5)
The task force shall elect one of its members to serve as chairperson.
(6)
If there is a vacancy for any cause, the appointing authority shall make an
appointment to become immediately effective.
(7)
The task force shall meet at times and places specified by the call of the
chairperson or of a majority of the members of the task force.
(8)
The task force may adopt rules necessary for the operation of the task force.
(9)
The task force shall submit a report, and may include recommendations for
legislation, to an interim committee related to education or public employment,
as appropriate, no later than October 1, 2012.
(10)
The task force shall use the services of permanent legislative staff to the
greatest extent practicable.
(11)
Members of the task force who are not members of the Legislative Assembly are
not entitled to compensation, but may be reimbursed for actual and necessary
travel and other expenses incurred by them in the performance of their official
duties in the manner and amounts provided for in ORS 292.495. Claims for
expenses incurred in performing functions of the task force shall be paid out
of funds appropriated to the Legislative Assembly for that purpose.
(12)
All agencies of state government, as defined in ORS 174.111, are directed to
assist the task force in the performance of its duties and, to the extent
permitted by laws relating to confidentiality, to furnish such information and
advice as the members of the task force consider necessary to perform their
duties.
(13)
The Legislative Administrator may accept, on behalf of the task force,
contributions of moneys and assistance from the United States Government or its
agencies or from any other source, public or private, and agree to conditions
placed on the moneys not inconsistent with the duties of the task force.
(14)
All moneys received by the Legislative Administrator under subsection (13) of
this section shall be paid into the State Treasury and deposited in the General
Fund to the credit of the task force. The moneys are continuously appropriated
to the task force for the purposes of carrying out the duties of the task
force.
(15)
As used in this section, “district” has the meaning given that term in section
1 of this 2007 Act [243.860]. [2007 c.7 §20]
Sec. 21.
Section 20 of this 2007 Act becomes operative on July 1, 2011. [2007 c.7 §21]
Sec. 22.
Section 20 of this 2007 Act is repealed on the date of the convening of the
regular legislative session of the Seventy-seventh Legislative Assembly
[February 4, 2013]. [2007 c.7 §22]
HIGHER EDUCATION SUPPLEMENTAL RETIREMENT
BENEFITS
243.910 Definitions for ORS 243.910 to
243.945. As used in ORS 243.910 to 243.945:
(1)
“Board” means the State Board of Higher Education for all public universities
listed in ORS 352.002, and for the Oregon Health and Science University means
the Oregon Health and Science University Board of Directors.
(2)
“Employees” means the persons appointed or employed by or under the authority
of the board who hold academic rank as determined by the board.
(3)
“System” means the Public Employees Retirement System established by ORS
238.600. [1965 c.297 §1; 1995 c.162 §67; 2011 c.637 §79]
243.920 Assisting employees to obtain
supplemental benefits; employee contribution. (1)
The board may, in its discretion, assist its employees who are members of the
Public Employees Retirement System and who elect to be so assisted by filing an
election as provided in ORS 243.940, in the purchase of retirement benefits
supplementing the benefits to which those employees are entitled under the
system. For this purpose the board and its employees may enter into contracts
with one or more life insurance or annuity companies.
(2)
Each employee who elects to be assisted under subsection (1) of this section
shall, as a condition to such election, either:
(a)
Agree to contribute through payroll deductions toward the purchase of the
supplementary retirement benefits a percentage of the annual salary of the
employee in excess of $4,800 equal to the percentage rate applicable to
contributions made by the employee under the system, the amounts deducted from
payrolls as employee contributions to be paid promptly by the board to the life
insurance or annuity company in accordance with the terms of the applicable
contract; or
(b)
Agree either to a reduction in salary or to the forgoing of a salary increase
in accordance with ORS 243.820, in an amount not less than the amount otherwise
required to be contributed under paragraph (a) of this subsection. [1965 c.297 §2(1),
(2); 1969 c.626 §1]
243.930 Board contributions; investment; purchase
of benefits. (1) If an employee assisted under ORS
243.920 (1) has made contributions to the Public Employees Retirement Fund
during each of five calendar years, the board shall contribute an amount toward
the purchase of the supplemental retirement benefits equal to the contributions
toward the purchase made by the employee on annual salary in excess of $4,800.
The amounts of those contributions by the board shall be paid promptly by the
board to the life insurance or annuity company in accordance with the terms of
the applicable contract.
(2)
If an employee assisted under ORS 243.920 (1) has not made contributions to the
Public Employees Retirement Fund during each of five calendar years, the board
shall contribute an amount toward the purchase of the supplemental retirement
benefits equal to that which it would contribute for current service under the
Public Employees Retirement System with respect to the annual salary in excess
of $4,800 of the employee if the employee contributed under the system on that
part of the salary.
(3)
The amounts of contributions by the board under subsection (2) of this section,
at intervals designated by the Public Employees Retirement Board, shall be paid
into the Public Employees Retirement Fund. The Public Employees Retirement
Board shall keep a separate account for those amounts and prorated earnings
thereof, and for investment purposes the moneys in the separate account shall
be commingled with those of the Public Employees Retirement Fund and shall be
invested in the same manner as moneys of the Public Employees Retirement Fund
are invested.
(4)
When an employee, with respect to whose annual salary in excess of $4,800 the
board has contributed under subsection (2) of this section, has made
contributions to the Public Employees Retirement Fund during each of five
calendar years, an amount equal to the contributions made under ORS 243.920 (2)
shall be paid promptly to the life insurance or annuity company out of the
separate account referred to in subsection (3) of this section for the purchase
of additional supplemental retirement benefits for the employee. If the moneys
in the separate account are not sufficient for that purpose, the amount of the
deficiency shall be paid promptly by the board to the life insurance or annuity
company for that purchase.
(5)
If an employee is separated from the service of the board before the employee
has made contributions to the Public Employees Retirement Fund during each of
five calendar years, the amounts of contributions by the board paid into the
Public Employees Retirement Fund under subsection (3) of this section and
prorated earnings thereof shall remain in the separate account referred to in
subsection (3) of this section for the purpose described in subsection (4) of
this section, and the employee is not entitled to any part thereof or any
benefit derived therefrom. [1965 c.297 §2(3),(4); 1969 c.626 §2; 2003 c.733 §71;
2005 c.755 §5]
243.935 Employer assumption of full amount
of employee contributions. Pursuant to the provisions of
ORS 238.205, an employer may “pick-up,” assume or pay the full amount of
contributions which would otherwise have been made by an employee assisted
under ORS 243.920, whether the employee agreed to make the contributions by
payroll deduction, reduction in salary or the forgoing of a salary increase. [1989
c.799 §18]
243.940 Employee election; cancellation of
election. (1) Employees may elect to be assisted
by the board under ORS 243.920 (1), or may cancel that election, only as
provided in this section.
(2)
An employee who is a member of the Public Employees Retirement System before
the board commences to assist its employees under ORS 243.920 (1) may elect to
be so assisted by the board not later than one month before that commencement.
(3)
An employee who becomes a member of the system after the board commences to
assist its employees under ORS 243.920 (1) may elect to be so assisted by the
board not later than one month before the employee becomes a member of the
system.
(4)
An employee who is a member of the system and who has not filed an election
under subsection (2) or (3) of this section, or who has filed that election but
thereafter canceled it, thereafter may elect to be assisted by the board under
ORS 243.920 (1) only within the first 60 days of any calendar year commencing
after the board commences to assist its employees under ORS 243.920 (1).
(5)
An employee who has filed an election under subsection (2), (3) or (4) of this
section may cancel that election only within the first 60 days of any calendar
year commencing after the board commences to assist its employees under ORS
243.920 (1).
(6)
An election or cancellation thereof under this section shall be filed in
writing with the board. The board shall inform the Public Employees Retirement
Board in writing of all elections or cancellations so filed. [1965 c.297 §3]
243.945 Employees not eligible for assistance.
Notwithstanding ORS 243.910 to 243.945, any person who is hired on or after
September 9, 1995, is not eligible to be assisted by the Oregon University
System under the provisions of ORS 243.910 to 243.945. [1995 c.600 §4]
PUBLIC SAFETY MEMORIAL FUND
243.950 Public Safety Memorial Fund.
The Public Safety Memorial Fund is established in the State Treasury, separate
and distinct from the General Fund. Interest earned, if any, shall inure to the
benefit of the Public Safety Memorial Fund. All moneys deposited in the fund
are continuously appropriated to the Department of Public Safety Standards and
Training for the purposes of ORS 243.954 to 243.974, to be expended by the
Public Safety Memorial Fund Board, established by ORS 243.952, as provided in
ORS 243.954 to 243.974. However, the board may not expend more than $60,000 per
biennium of the moneys for administrative costs of the board incurred under ORS
243.954 to 243.974. [1999 c.981 §3]
Note:
243.950 to 243.974 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.
243.952 Public Safety Memorial Fund Board;
officers; quorum; meetings; staff. (1) There is
established within the Board on Public Safety Standards and Training a Public
Safety Memorial Fund Board consisting of six members appointed by the Governor
from the membership of the Board on Public Safety Standards and Training. The
Governor shall appoint members to represent each of the following:
(a)
Police officers;
(b)
Fire service professionals;
(c)
Corrections personnel; and
(d)
The public.
(2)(a)
Before the expiration of the term of a member of the Public Safety Memorial
Fund Board, the Governor shall appoint a successor whose term begins
immediately upon the expiration of the term of the current member. A member is
eligible for reappointment.
(b)
In case of a vacancy for any cause, the Governor shall appoint a person to fill
the office for the unexpired term.
(3)(a)
The Public Safety Memorial Fund Board 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
board determines.
(b)
A majority of the members of the board constitutes a quorum for the transaction
of business.
(4)
The Public Safety Memorial Fund Board shall meet at least once every three
months at a place, day and hour determined by the board. The board also shall
meet at other times and places specified by the call of the chairperson or of a
majority of the members of the board.
(5)
The Department of Public Safety Standards and Training shall provide staff for
the Public Safety Memorial Fund Board.
(6)
Members of the Public Safety Memorial Fund Board are entitled to per diem and
expenses as provided in ORS 292.495. [1999 c.981 §14]
Note: See
note under 243.950.
243.954 Definitions for ORS 243.954 to
243.974. As used in ORS 243.954 to 243.974:
(1)
“Child” means a person who is a natural child, adopted child or stepchild of a
public safety officer and who is:
(a)
18 years of age or younger;
(b)
18 through 22 years of age and enrolled as a full-time undergraduate student;
or
(c)
18 years of age or older and incapable of self-support due to a physical or
mental disability.
(2)
“Designee” means a person designated under ORS 243.974 (1).
(3)
“Family member” means:
(a)
The spouse of a public safety officer.
(b)
A child of a public safety officer.
(c)
A person who qualifies as a dependent of a public safety officer for state
income tax purposes.
(4)
“Permanent total disability” has the meaning given that term in ORS 656.206.
(5)
“Public safety officer” means:
(a)
Corrections officers, as defined in ORS 181.610.
(b)
Fire service professionals, as defined in ORS 181.610, and includes volunteer
firefighters as defined in ORS 652.050.
(c)
Parole and probation officers, as defined in ORS 181.610.
(d)
Police officers, as defined in ORS 181.610, and includes reserve officers, as
defined in ORS 181.610.
(e)
Youth correction officers, as defined in ORS 181.610.
(6)
“Qualifying death or disability” means death or permanent total disability
suffered by a public safety officer while on or off duty that is the direct or
proximate result of:
(a)
An enforcement action, an emergency response or public safety training for an
enforcement action or emergency response that the public safety officer is
authorized or obligated to perform by law, rule, regulation or condition of
employment or service; or
(b)
An act committed against the public safety officer because of the public safety
officer’s position as a public safety officer. [1999 c.981 §4; 2001 c.493 §3;
2003 c.295 §1; 2007 c.378 §1]
Note: See
note under 243.950.
243.956 Eligibility for benefits from
fund; types of benefits. (1) A person is eligible for an
award of benefits from the Public Safety Memorial Fund if the person:
(a)(A)
Is a family member, parent or designee of a public safety officer who has
suffered a qualifying death or disability; or
(B)
Is a public safety officer who has suffered a qualifying disability; and
(b)
Has submitted an initial application for an award of benefits under ORS
243.958.
(2)
Notwithstanding subsection (1) of this section, a person is not eligible for an
award of benefits if:
(a)
The person’s actions were a substantial contributing factor to the qualifying
death or disability of the public safety officer;
(b)
The public safety officer’s intentional misconduct caused the qualifying death
or disability;
(c)
The public safety officer intended to bring about the officer’s qualifying
death or disability;
(d)
The public safety officer was voluntarily intoxicated at the time of the injury
that caused the qualifying death or disability; or
(e)
The public safety officer was performing the officer’s duties in a grossly
negligent manner at the time of the injury that caused the qualifying death or
disability.
(3)
If a person who is eligible for an award of benefits under subsection (1) of
this section is younger than 18 years of age or is incompetent, another person
may file the application for an award of benefits on behalf of the eligible
person.
(4)
Within 14 days after receipt of a notice under ORS 243.974 or entry of an order
under ORS 243.964 awarding benefits based on an initial application, whichever
occurs later, the Public Safety Memorial Fund Board shall pay a lump sum amount
of $25,000:
(a)
If a designation of beneficiary form has been completed under ORS 243.974 (1),
to the designee of a public safety officer who suffered a qualifying death;
(b)
If a designation of beneficiary form has not been completed, in the manner
described under ORS 243.969, to a family member or parent of a public safety
officer who suffered a qualifying death; or
(c)
To the public safety officer who suffered a qualifying disability.
(5)
If alternative coverage is not provided, the board may award benefits to the
family members of a public safety officer or, if a designation of beneficiary
form has been completed under ORS 243.974 (1), to the designee, children and
dependents of a public safety officer who has suffered a qualifying death or
disability in an amount sufficient to allow the recipients to purchase health
and dental insurance comparable to that provided by the public safety officer:
(a)
For five years or until the spouse remarries, whichever occurs first;
(b)
Until a child or a dependent attains 18 years of age or, if the child or the
dependent is attending school, 23 years of age; and
(c)
For five years for a designee who is not a person described in paragraph (a) or
(b) of this subsection, or until the designee marries, whichever occurs first.
(6)
If alternative coverage is not provided, the board may award benefits for five
years to a public safety officer who has suffered a qualifying disability in an
amount sufficient to allow the public safety officer to purchase health and
dental insurance comparable to the health and dental insurance coverage that
the public safety officer had immediately prior to the qualifying disability.
(7)
The board may award benefits to an eligible spouse or designee of a public
safety officer who has suffered a qualifying death or to a public safety
officer who has suffered a qualifying disability in an amount up to the
equivalent of 12 monthly mortgage payments on the residence of the public
safety officer or the spouse or designee of the public safety officer if there
is no mortgage insurance to cover the cost.
(8)(a)
The board may award scholarships for a graduate program of higher education to:
(A)
A family member of a public safety officer who has suffered a qualifying death
or disability;
(B)
If a designation of beneficiary form has been completed under ORS 243.974 (1),
to the designee, children and dependents of a public safety officer who
suffered a qualifying death or disability; or
(C)
To a public safety officer who has suffered a qualifying disability.
(b)
In determining the amount of a scholarship, the board shall consider the person’s
financial need, the funds available in the Public Safety Memorial Fund and the
anticipated demands on the fund. The board may not grant a scholarship in an
amount exceeding the highest tuition charged by a public university listed in
ORS 352.002 for a graduate program.
(9)
A family member, a designee or a public safety officer is eligible to apply for
a scholarship under subsection (8) of this section only if the family member,
designee or public safety officer:
(a)
Has exhausted the education benefits available under 28 C.F.R., Part 32,
subpart B;
(b)
Applies for the scholarship within one year from the date of exhaustion of the
education benefits under paragraph (a) of this subsection; and
(c)
Has applied for other available public education benefits.
(10)
If a person described in subsection (8) of this section is ineligible to
receive education benefits under 28 C.F.R., Part 32, subpart B, if funds for
education benefits are unavailable under those provisions or if the education
benefit program under those provisions no longer exists, the person may apply
to the board for a scholarship for an undergraduate program. Scholarships for
only undergraduate degrees may be awarded to a person under this subsection.
The board may not grant a scholarship under this subsection in an amount
exceeding the highest tuition charged by a public university listed in ORS
352.002 for an undergraduate program.
(11)(a)
A person may apply for a scholarship under subsection (10) of this section at any
time up to:
(A)
Five years after the date on which the applicant graduated from high school if:
(i)
The applicant was a minor at the time the public safety officer suffered a
qualifying death or disability; and
(ii)
An application for an award of some type of benefits was filed by a person
described in subsection (8) of this section;
(B)
The date the applicant remarries, if the applicant is the surviving spouse of a
public safety officer who suffered a qualifying death, or the date the
applicant divorces the public safety officer, if the applicant is the spouse of
a public safety officer who suffered a qualifying disability; or
(C)
Five years after the date of the injury that caused the disability, if the
applicant is a public safety officer who suffered a qualifying disability or is
a designee who is not a family member.
(b)
The board may extend the time period for applying for a scholarship under
subsection (10) of this section.
(12)
If the family member, designee or public safety officer who is awarded a
scholarship under this section is receiving other public education benefits,
the amount of the scholarship awarded to the family member, designee or public
safety officer shall be reduced by the amount of the other public education
benefits. [1999 c.981 §5; 2001 c.493 §1; 2003 c.295 §2; 2007 c.378 §2; 2011
c.637 §80]
Note: See
note under 243.950.
243.958 Initial application for benefits.
(1) An applicant for benefits under ORS 243.956 (4) must file an initial
application under oath on a form furnished by the Public Safety Memorial Fund
Board. The initial application must include:
(a)
The name and address of the applicant;
(b)
The public safety officer’s name, the date of the qualifying death or
disability and the agency that employed the public safety officer;
(c)
Releases authorizing the surrender to the board of reports, documents and other
information relating to matters specified in this subsection; and
(d)
Any other information that the board determines is necessary.
(2)
The board may require that an applicant submit with the initial application any
materials that substantiate the facts stated in the initial application.
(3)
If the board finds that an initial application does not contain the required
information or materials or finds that the facts stated therein have not been
substantiated, the board shall notify the applicant in writing that specific
additional items of information or materials are required and that the
applicant has 180 days from the date of mailing of the notice in which to
furnish the additional items to the board. Unless an applicant requests and is
granted an extension of time by the board, the board shall reject with
prejudice the claim of the applicant for failure to file the additional
information or materials within the specified time.
(4)
An applicant may file an amended initial application or additional
substantiating materials to correct inadvertent errors or omissions at any time
before the board has completed its consideration of the original initial application.
[1999 c.981 §6; 2001 c.493 §2; 2003 c.295 §3; 2007 c.378 §4]
Note: See
note under 243.950.
243.959 Supplemental application for benefits.
An applicant for benefits under ORS 243.956 (5) to (10) shall file a
supplemental application under oath on a form furnished by the Public Safety
Memorial Fund Board. The supplemental application must include:
(1)
The amount of benefits, payments or awards, if any, payable from any source,
that the applicant has received or for which the applicant is eligible as a
result of the qualifying death or disability of a public safety officer; and
(2)
Any other information that the board determines is necessary. [2003 c.295 §10]
Note: See
note under 243.950.
243.960 Application information public
record. All information submitted to the Public
Safety Memorial Fund Board by an applicant is a public record under ORS 192.410
and is open to public inspection unless the board determines that the
information should be kept confidential. [1999 c.981 §7]
Note: See
note under 243.950.
243.962 Determination of award amount.
(1) In determining the amount of benefits for which an applicant is eligible,
the Public Safety Memorial Fund Board shall:
(a)
Consider the facts stated in the initial application filed under ORS 243.958 or
the supplemental application filed under ORS 243.959;
(b)
Consider the amount of funds available for benefit awards, as provided in the
current biennial board budget approved by the Legislative Assembly or the
Emergency Board, and the anticipated claims against those funds; and
(c)
Award the resultant amount to the applicant as provided in ORS 243.956.
(2)
In determining the amount of an award to be made to an applicant, the board may
consider the number and type of claims filed and the number and type of claims
anticipated to be filed with the board during the current biennial budget
period. If the board determines that insufficient funds will be available
during the current biennial budget period to pay all approved and anticipated
claims, the board may prioritize claims or prorate the amounts awarded based
upon the anticipated available funds. The board’s decision to prioritize claims
or prorate the amounts awarded is not subject to administrative or judicial
review, including review under ORS 243.966. [1999 c.981 §8; 2003 c.295 §4]
Note: See
note under 243.950.
243.964 Order.
After processing an initial application filed under ORS 243.958 or a
supplemental application filed under ORS 243.959, the Public Safety Memorial
Fund Board shall enter an order stating:
(1)
The board’s findings of fact;
(2)
The board’s decision as to whether benefits are due under ORS 243.954 to
243.974;
(3)
The amount of benefits, if any, that is due under ORS 243.954 to 243.974, as
determined under ORS 243.956 and 243.962; and
(4)
The manner in which the board will pay the award pursuant to ORS 243.956 (8) to
(10). [1999 c.981 §9; 2003 c.295 §5]
Note: See
note under 243.950.
243.966 Reconsideration; no review.
(1) If an applicant disagrees with the order entered under ORS 243.964, the
applicant may request reconsideration by the Public Safety Memorial Fund Board
by filing the request with the board no later than 30 days after entry of the
order. The board shall reconsider any order for which a request for reconsideration
is timely received. The board shall notify the applicant of its decision on
reconsideration within 30 days of the board’s receipt of the request for
reconsideration. The board’s decision is final and not subject to
administrative or judicial review.
(2)
Notwithstanding subsection (1) of this section, upon the request of and good
cause shown by the applicant, the board may extend the 30-day time period for:
(a)
The applicant to file a request for reconsideration.
(b)
The board to notify the applicant of its decision on reconsideration. [1999
c.981 §10; 2001 c.493 §5; 2005 c.404 §1]
Note: See
note under 243.950.
243.968 Payment of awards.
(1) When a person eligible to receive an award under ORS 243.956 is younger
than 18 years of age or is incompetent, the board may pay the award to a
relative, guardian or attorney of the person on behalf of and for the benefit
of the person. In such case, the board may require the payee to:
(a)
File an annual accounting of the award with the board; and
(b)
Take such other action that the board determines is necessary and appropriate
for the benefit of the beneficiary of the award.
(2)
Payment of claims is subject to availability of funds for benefit awards as
provided in the board’s current biennial budget approved by the Legislative
Assembly or the Emergency Board. [1999 c.981 §11; 2003 c.295 §6]
Note: See
note under 243.950.
243.969 Payment of lump sum benefits.
(1) If the Public Safety Memorial Fund Board awards lump sum benefits under ORS
243.956 and no designation of beneficiary form has been completed under ORS
243.974 (1), the board shall pay the benefits to the family member or parent of
a public safety officer who suffered a qualifying death as follows:
(a)
100 percent to the surviving spouse.
(b)
If there is no surviving spouse, 100 percent to the surviving child.
(c)
If there is no surviving spouse or child, 100 percent to a person who qualifies
as a dependent of the public safety officer for state income tax purposes.
(d)
If there is no surviving spouse, child or dependent, 100 percent to the parent
of the public safety officer.
(2)
If more than one child, or both parents, or more than one dependent are
survivors, the board shall pay the percentage amount one child or one parent or
one dependent would have received under subsection (1) of this section in equal
shares to the children or parents or dependents. [2003 c.295 §11; 2007 c.378 §3]
Note: See
note under 243.950.
243.970 Authority of board; rules; report.
To carry out the provisions and purposes of ORS 243.954 to 243.974, the Public
Safety Memorial Fund Board may:
(1)
Request from law enforcement officials and from any other agency of the state
or any local governmental unit such assistance and information as will enable
the board to carry out its functions and duties.
(2)
Request the assistance of the State Treasurer.
(3)
Accept gifts, grants and donations from public and private sources. Such gifts,
grants and donations shall be deposited by the board in the Public Safety
Memorial Fund.
(4)
Adopt rules pursuant to ORS chapter 183.
(5)
Determine all claims for awards filed with the board under ORS 243.958 and
243.959.
(6)
Report biennially to the Governor and the Legislative Assembly on its
activities, pursuant to ORS 192.245. [1999 c.981 §13; 2003 c.295 §7]
Note: See
note under 243.950.
243.972 Gifts; requirements for tax
deductibility. The Public Safety Memorial Fund Board
shall investigate whether gifts made to the board under ORS 243.970 are, or
could be, tax deductible contributions for the donors. If the gifts do not
qualify as tax deductible contributions, the board shall take whatever actions
are necessary to ensure that gifts meet the requirements for tax deductibility,
unless such action would alter the purposes of ORS 243.954 to 243.974. [1999
c.981 §18]
Note: See
note under 243.950.
243.974 Designation of beneficiary form;
notice required when public safety officer suffers qualifying death or
disability. (1) At the time a public safety officer
is hired or utilized as a volunteer, the agency employing or utilizing the
public safety officer shall provide the public safety officer with a
designation of beneficiary form on which the public safety officer may elect to
designate a person to receive benefits under ORS 243.956 in lieu of the
standard beneficiaries identified in ORS 243.969. If the public safety officer
completes the beneficiary form, the agency shall retain the beneficiary form
until an initial application is filed under ORS 243.958.
(2)
If no designation of beneficiary form has been completed under subsection (1)
of this section, any lump sum benefits will be paid under the provisions of ORS
243.969.
(3)
No later than three days after a determination that a public safety officer
suffered a qualifying death or disability, the agency employing or utilizing
the public safety officer shall notify the Public Safety Memorial Fund Board of
the fact by sending the board the appropriate form supplied by the Department
of Public Safety Standards and Training. If a designation of beneficiary form
has been completed, the agency shall include the form with the notification to
the board. [1999 c.981 §15; 2001 c.493 §4; 2003 c.295 §8; 2007 c.378 §5]
Note: See
note under 243.950.
_______________