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 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, local government or university and who are not otherwise eligible for a state or local government 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 or local government employees for whom the state or the local government 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; 2013 c.731 §9]