Chapter 238 — Chapter 238

ORS 238.005 Definitions. For purposes of this chapter

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ORS 238.008 Computation of salary. (1) For the purpose of computing salary under this chapter and ORS chapter 238A, salary includes retroactive payments of wages made to an employee to correct a clerical error. Retroactive payments described in this subsection shall be allocated to and deemed paid in the periods in which the work was done or in which the work would have been done

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ORS 238.010 [Repealed by 1981 c.126 §6]

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ORS 238.011 Shared work benefits to be treated as salary. Notwithstanding any other provision of this chapter or ORS chapter 238A, benefits received by a member under ORS 657.370 to 657.390 shall be treated as salary. [2023 c.404 §22]

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ORS 238.015 Membership generally. (1) No person may become a member of the system unless that person is in the service of a public employer and has completed six months’ service uninterrupted by more than 30 consecutive working days during the six months’ period. Every employee of a participating employer shall become a member of the system at the beginning of the first full pay period of the employee following the six months’ period. Contributions for new members shall first be made for those wages that are attributable to services performed by the employee during the first full pay period following the six months’ period, without regard to when those wages are considered earned for other purposes under this chapter. All public employers participating in the Public Employees Retirement System established by chapter 401, Oregon Laws 1945, as amended, at the time of repeal of that chapter, and all school districts of the state, shall participate in, and their employees shall be members of, the system, except as otherwise specifically provided by law

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ORS 238.020 [Amended by 1965 c.607 §1; repealed by 1981 c.126 §6]

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ORS 238.025 Effect of service interruptions on membership. Within the limits hereinafter specified regarding absence from service, no leave of absence, sabbatical leave, illness, accident or emergency preventing or interrupting service by an employee to an employer participating in the system shall be deemed to break the continuity of the employee’s membership in the system. [Formerly 237.091]

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ORS 238.030 [Amended by 1953 c.426 §4; 1955 c.49 §1; repealed by 1981 c.126 §6]

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ORS 238.035 Membership of part but not all employees of a public employer. (1) A public employer that is not participating in the system may, by application to the board, designate any class of employees of the public employer to become members of the system at the time of entering the system

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ORS 238.040 [Amended by 1963 c.227 §1; 1965 c.607 §2; repealed by 1981 c.126 §6]

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ORS 238.043 [1965 c.605 §2; repealed by 1981 c.126 §6]

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ORS 238.045 Membership of certain circuit court judges. Each circuit court judge who was a district court judge before January 15, 1998, and who is a member of the Public Employees Retirement System shall be governed by the provisions of this chapter applicable to other persons holding elective offices who may become members of the system. [Formerly 237.013]

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ORS 238.047 [1965 c.605 §5; repealed by 1981 c.126 §6]

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ORS 238.050 [Amended by 1965 c.607 §3; repealed by 1981 c.126

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ORS 238.055 Membership of judges previously receiving retirement pay from Judges’ Retirement Fund. (1) On August 1, 1991, all judges receiving retirement pay from the Judges’ Retirement Fund and all surviving spouses of judges receiving a pension from the Judges’ Retirement Fund shall be retired members of the Public Employees Retirement System, except that

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ORS 238.060 [Amended by 1953 c.426 §4; repealed by 1965 c.607 §5 (238.061 enacted in lieu of 238.060)]

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ORS 238.061 [1965 c.607 §6 (enacted in lieu of 238.060); repealed by 1981 c.126 §6]

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ORS 238.062 Membership of deputy district attorneys. Any deputy district attorney receiving any compensation from the state or from a county participating in the Public Employees Retirement System shall establish membership in the system after service for six months without having been absent 30 working days. Any contributions required to be paid by any such deputy district attorney shall be based on salary paid by the state, by a county participating in the system or by both. The application of this chapter to any such deputy district attorney made prior to the effective date of this section by the Public Employees Retirement Board hereby is confirmed and ratified. [Formerly 237.025; 2003 c.67 §18]

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ORS 238.065 [1965 c.605 §4; repealed by 1981 c.126 §6]

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ORS 238.068 Membership of legislators. (1) Notwithstanding ORS 238.015, any person who is a member of the Legislative Assembly at any time on or after September 13, 1975, and before January 1, 1988, regardless of whether the person has reached the age of 65 years, may become a member of the Public Employees Retirement System by giving the Public Employees Retirement Board, before January 1, 1990, written notice of desire to do so. The written notice shall take effect on the first day of the month following the date of receipt thereof by the board or upon the person’s completion of six months’ service, whichever occurs last

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ORS 238.070 [Repealed by 1965 c.607 §9]

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ORS 238.072 Membership of certain legislative employees. An employee shall not be considered to have ceased to be a member of the system under ORS 238.095 (2) by reason of any year in which the employee is employed by the Legislative Assembly or either house thereof, or by a committee of the Legislative Assembly or either house thereof, for periods aggregating eight months or more during the year, whether or not contributions are made to the fund by or on behalf of the employee for those periods of employment, unless the employee withdraws the amount credited to the member account of the member. [Formerly 237.019; 2001 c.945 §34]

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ORS 238.074 Membership of community college employees. For purposes of calculating hours of employment of an academic employee of a community college operated under ORS chapter 341 or a public university listed in ORS 352.002, each hour assigned to the academic employee as an hour of lecture time or as an hour of classroom time constitutes 2.67 hours of employment. Nothing in this section is intended to affect the rights of academic employees employed in public secondary or elementary schools. [Formerly 237.017 (3); 2023 c.512 §1]

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ORS 238.075 [1965 c.607 §8; repealed by 1981 c.126 §6]

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ORS 238.078 Reemployment of retired members. (1)(a) A member who has been retired for service for more than six consecutive calendar months may be reemployed by a participating public employer in the manner provided by this subsection

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ORS 238.080 [Repealed by 1981 c.126 §6]

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ORS 238.082 Limits on hours worked by retired members. (1) Subject to the limitations in this section, any public employer may employ any member who is retired for service if the administrative head of the public employer is satisfied that such employment is in the public interest

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ORS 238.085 [1965 c.605 §3; repealed by 1981 c.126 §6]

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ORS 238.088 Appointment or election of retired member to public office. (1) Except as provided in subsection (2) of this section, a person who is elected to a full-time salaried office of the state or one of the participating political subdivisions thereof, or who is appointed to a full-time salaried office having a term fixed by statute or charter, whether or not the person has been retired, does not forfeit any rights accrued or accruing to the person under this chapter. However, for the period that such person holds such office the person is not entitled to any pension or annuity provided by this chapter. Upon ceasing to hold such office, benefits shall be computed or recomputed by the Public Employees Retirement Board on the basis of age then attained

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ORS 238.090 [Amended by 1953 c.426 §4; 1955 c.66 §1; 1963 c.227 §6; repealed by 1981 c.126 §6]

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ORS 238.092 Option of legislators to receive certain benefits; employment of persons as legislative employees or state police officers. (1) Notwithstanding any other provision of this chapter

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ORS 238.095 Termination of membership. (1) An employee shall cease to be a member of the Public Employees Retirement System if the employee withdraws the member account, if any, of the member in the manner provided by ORS 238.265

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ORS 238.100 [Repealed by 1965 c.607 §9]

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ORS 238.105 Restoration of credit forfeited by reason of termination of membership. (1) Whenever, within five years after the employee is separated from all service entitling the employee to membership in the Public Employees Retirement System, an employee who has withdrawn the amount credited to the member account of the member reenters the service of an employer participating in the system, the employee’s rights in the system that were forfeited by the withdrawal shall be restored upon repaying to the Public Employees Retirement Board within one year after reentering the service of the employer, the full amount so withdrawn, including the amount withdrawn from the member’s account established under ORS 238A.353, together with the interest that would have been accumulated on the sum had the amount not been withdrawn

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ORS 238.110 [1963 c.227 §2; 1965 c.607 §4; repealed by 1981 c.126 §6]

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ORS 238.115 Alternate method of restoring credit forfeited by reason of termination of membership. (1)(a) A member of the Public Employees Retirement System who, after separation from all service entitling the employee to membership in the system and withdrawal of the amount credited to the member account of the member, reenters the service of an employer participating in the system and serves as an active member of the system for 10 years after that reentry, and who has not otherwise obtained restoration of creditable service forfeited by the withdrawal, shall obtain restoration of one full month of creditable service forfeited by the withdrawal for each three full months of service as an active member after that reentry if the member, within 90 days before the effective date of retirement of the member

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ORS 238.120 [1963 c.227 §3; repealed by 1981 c.126 §6]

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ORS 238.125 Credit for probationary period of employment. A member of the system who has a combined total of 10 years or more of creditable service in the system and prior service credit at the time of retirement, and who was required to complete one or more periods of six months or less in the service of an employer participating in the system before becoming a member of the system, shall receive retirement credit for those periods of six months or less if the member, within 90 days before the effective date of retirement of the member, applies in writing to the board for that retirement credit and pays to the board in a lump sum an amount determined by the board to be equal to

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ORS 238.130 [1963 c.227 §4; 1967 c.335 §24; repealed by 1981 c.126 §6]

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ORS 238.135 Credit for probationary periods in seasonal positions. (1) A member of the system who has 10 years or more of creditable service in the system at the time of retirement, and who served for less than six months working full-time in a seasonal position with a public employer participating in the system before becoming a member of the system, shall receive retirement credit for those periods of less than six months if the member, within 90 days before the effective date of retirement of the member, applies in writing to the board for that retirement credit and pays to the board in a lump sum an amount determined by the board to be equal to

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ORS 238.140 [1963 c.227 §5; repealed by 1981 c.126 §6]

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ORS 238.145 Credit for service as police officer or firefighter with nonparticipating employer. (1) A member of the system employed as a police officer or firefighter shall be entitled to receive retirement credit as provided in subsection (3) of this section if

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ORS 238.148 Credit for service as public safety officer in another state. (1) A member of the Public Employees Retirement System who is a police officer is entitled to receive retirement credit as provided in subsection (2) of this section if

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ORS 238.150 [Formerly 237.085; repealed by 2001 c.945 §73]

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ORS 238.155 [Formerly 237.093; repealed by 1997 c.175 §1 (238.156 enacted in lieu of 238.155)]

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ORS 238.156 Contributions, benefits and retirement credit for periods of service in uniformed services or Armed Forces; rules. (1) Notwithstanding any other provision of this chapter, but subject to subsection (4) of this section, an employee who leaves a qualifying position for the purpose of performing service in the uniformed services is entitled to receive contributions, benefits and service credit for the period under rules adopted by the Public Employees Retirement Board pursuant to subsection (2) of this section

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ORS 238.157 Alternative provision for retirement credit for periods of service in uniformed services. (1) As used in this section, “uniformed services” has the meaning given that term in ORS 238.156

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ORS 238.160 Retirement credit for service while on loan to federal government. Any employee of an employer participating in the system shall receive retirement credit, subject to the limitations of this chapter, for the period of employment with the participating employer prior to July 1, 1946, and for employment in any branch or department of the United States Government, and for military service in the Armed Forces of the United States, as though the person had been an employee of the participating employer throughout such period of employment or service, if within 40 days from and after separation from such civilian employment with the United States Government, or within one year after being otherwise than dishonorably discharged from military service in the Armed Forces of the United States, the person returned to the employment of the participating employer from which the person was transferred or loaned, provided that such employee comes within either of the following descriptions

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ORS 238.162 Retirement credit for service as teacher in public schools of another state. (1) A member of the Public Employees Retirement System who is a teacher as described in subsection (3) of this section is entitled to receive retirement credit as provided in subsection (2) of this section if

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ORS 238.165 Credit for certain periods of employment by Legislative Assembly. (1) As used in this section, “legislative employee” means any person employed by the Legislative Assembly, either of its houses or any of its committees prior or subsequent to July 22, 1973, during any period or periods of such employment qualifying the person for membership and participation in the Public Employees Retirement System under the provisions of this chapter then in effect. “Legislative employee” does not include any member of the legislature

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