9 chapters · 695 sections in this title.
ORS 238.005 Definitions
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For purposes of this chapter: (1) Active member means a member who is presently employed by a participating public employer in a qualifying position and who has completed the six-month period of service required by ORS 238.015. (2) Annuity means payments for life derived from…
ORS 238.008 Computation of salary
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(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 i…
ORS 238.011 Shared work benefits to be treated as salary
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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] MEMBERSHIP (Membership Generally)
ORS 238.015 Membership generally
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(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 b…
ORS 238.025 Effect of service interruptions on membership
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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 th…
ORS 238.035 Membership of part but not all employees of a public employer
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(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. (2) The board shall consider an application received under t…
ORS 238.045 Membership of certain circuit court judges
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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 sy…
ORS 238.055 Membership of judges previously receiving retirement pay from Judges Retirement Fund
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(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: (a) The amount of …
ORS 238.062 Membership of deputy district attorneys
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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 requ…
ORS 238.068 Membership of legislators
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(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…
ORS 238.072 Membership of certain legislative employees
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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…
ORS 238.074 Membership of community college employees
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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 const…
ORS 238.078 Reemployment of retired members
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(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. (b) Any person reemployed as provided in this subsection shall resume making employee con…
ORS 238.082 Limits on hours worked by retired members
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(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. (2) Except as provided in this section, the period o…
ORS 238.088 Appointment or election of retired member to public office
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(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, …
ORS 238.092 Option of legislators to receive certain benefits; employment of persons as legislative employees or state police officers
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(1) Notwithstanding any other provision of this chapter: (a) A retired member of the Public Employees Retirement System who has retired as other than a member of the Legislative Assembly and who is thereafter appointed or elected as a member of the Legislative Assembly may elect,…
ORS 238.095 Termination of membership
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(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. (2) Except as provided in subsection (3) of this section, an inactive member ceases to b…
ORS 238.105 Restoration of credit forfeited by reason of termination of membership
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(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 employ…
ORS 238.115 Alternate method of restoring credit forfeited by reason of termination of membership
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(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 …
ORS 238.125 Credit for probationary period of employment
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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 th…
ORS 238.135 Credit for probationary periods in seasonal positions
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(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 s…
ORS 238.145 Credit for service as police officer or firefighter with nonparticipating employer
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(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: (a) The member was employed by a public employer as a police officer or firefighter prior to becoming a member o…
ORS 238.148 Credit for service as public safety officer in another state
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(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: (a) The member was employed as a public safety officer by another state, or political subdivision of another s…
ORS 238.156 Contributions, benefits and retirement credit for periods of service in uniformed services or Armed Forces; rules
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(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 f…
ORS 238.157 Alternative provision for retirement credit for periods of service in uniformed services
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(1) As used in this section, uniformed services has the meaning given that term in ORS 238.156. (2) Any person who entered or reentered active service in the uniformed services after January 1, 1950, or who was in active service in the uniformed services on January 1, 1950, and…
ORS 238.160 Retirement credit for service while on loan to federal government
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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 St…
ORS 238.162 Retirement credit for service as teacher in public schools of another state
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(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: (a) The member was employed as a teacher in a public school in another…
ORS 238.165 Credit for certain periods of employment by Legislative Assembly
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(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 …
ORS 238.175 Retirement credit for periods of disability
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(1) A member of the Public Employees Retirement System who receives a disability retirement allowance or disability payments under ORS chapter 656 shall receive retirement credit for the period during which the member receives the disability retirement allowance or disability pay…
ORS 238.200 Employee contributions generally
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(1)(a) An active member of the Public Employees Retirement System shall contribute to the Public Employees Retirement Fund and there shall be withheld from salary of the member six percent of that salary as an employee contribution. (b) Notwithstanding paragraph (a) of this subse…
ORS 238.205 Payment of employee contribution by employer
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Notwithstanding any other provision of this chapter, and subject to the provisions of this section, a public employer participating in the system may agree, by a written employment policy or agreement in effect on or after July 1, 1979, to pick-up, assume or pay the full amount…
ORS 238.210 Payment of certain circuit court judge employee contributions by employer
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The state shall pick-up, assume or pay the full amount of contributions to the fund required of circuit court judges who were district court judges before January 15, 1998, and who are members of the system, but not judge members under ORS 238.500 to 238.585. The full amount of…
ORS 238.215 Contributions by certain higher education employees
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Notwithstanding any other provision of this chapter: (1) An employee, as defined in ORS 243.910 (2), who is an active member of the system and who has elected, and not canceled that election, to be assisted under ORS 243.920 (1) by the governing board of a public university liste…
ORS 238.220 Employee rollover contributions; rules
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(1) The Public Employees Retirement Board may, at its discretion, accept rollover contributions from an active member. The board may accept rollover contributions under this section only if the amounts contributed qualify for pretax rollover treatment under the federal income tax…
ORS 238.222 Trustee-to-trustee transfers to fund restoration of forfeited service or purchase of retirement credit; rules
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(1) Notwithstanding ORS 238.220, a member of the Public Employees Retirement System who is eligible to obtain restoration of forfeited creditable service under ORS 238.115, or to purchase retirement credit under ORS 238.125, 238.135, 238.145, 238.148, 238.156, 238.157, 238.160, 2…
ORS 238.225 Employer contributions
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A participating public employer shall, at intervals designated by the Public Employees Retirement Board, transmit to the board those amounts the board determines to be actuarially necessary to adequately fund the benefits to be provided by the contributions of the employer under …
ORS 238.227 Pooling of employers for purpose of computing employer contributions
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(1) For the purpose of computing the employer contributions required under ORS 238.225 for benefits to be provided under this chapter: (a) The Public Employees Retirement Board shall group together the school districts of the state and treat the school districts of the state as a…
ORS 238.229 Effect of lump sum payment to side account on contributions of pooled employer; application of excess amounts to offset contributions to individual account program; rules
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(1) If a participating public employer is grouped with any other public employer for the purpose of computing employer contributions under ORS 238.225 and the individual public employer makes a lump sum payment that is in addition to the normal employer contribution of the public…
ORS 238.232 Choice of amortization period for certain lump sum payments to side accounts
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If a participating public employer makes a lump sum payment from moneys not borrowed by the employer to an account established under ORS 238.229 in an amount equal to or greater than $10 million, the Public Employees Retirement Board shall allow the participating public employer …
ORS 238.235 Unfunded liability or surplus after employee transfer or employer merger, consolidation or split
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(1) If a participating public employer transfers employees who are members of the Public Employees Retirement System to another public employer, the two public employers must enter into a written agreement that addresses the manner in which any unfunded liability or surplus of th…
ORS 238.250 Regular accounts
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The board shall provide for a regular account for each active and inactive member of the system who has made contributions to the fund. The regular account of the member shall show the amount of the members contributions to the fund and the interest which they have earned. The b…
ORS 238.255 Credits to regular accounts when earnings less than assumed interest rate
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(1) The regular account for an active or inactive member of the Public Employees Retirement System shall be examined each year. If the regular account is credited with earnings for the previous year in an amount less than the earnings that would have been credited pursuant to the…
ORS 238.260 Variable Annuity Account; rules
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(1) The purpose of this section is to establish a well balanced, broadly diversified investment program for certain contributions and portions of the member accounts so as to provide retirement benefits for members of the system that will fluctuate as the value and earnings of th…
ORS 238.265 Withdrawal of member account
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(1) Except as otherwise provided in this section, a member of the Public Employees Retirement System may withdraw from the Public Employees Retirement Fund the amount credited to the member account, if any, for the member if: (a) The member is separated from all service with part…
ORS 238.270 Transfer of member account to other public employee retirement system
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Whenever a person who is past the earliest service retirement age separates from the service of a public employer participating in the Public Employees Retirement System and who thereafter, but before applying to the Public Employees Retirement Board for retirement benefits, is e…
ORS 238.280 Eligibility for retirement
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(1) Except as otherwise provided in this section, a member of the Public Employees Retirement System who attains the age of 55 shall be retired upon written application by the member to the Public Employees Retirement Board on a reduced service retirement allowance, that is the a…
ORS 238.285 Verification of retirement data
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(1) Not earlier than two years before a members earliest service retirement age, a member may request a verification of retirement data from the Public Employees Retirement Board. Upon receiving a request under this section, the board shall notify all of the members participati…
ORS 238.300 Service retirement allowance
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Upon retiring from service at normal retirement age or thereafter, a member of the Public Employees Retirement System shall receive a service retirement allowance which shall consist of the following annuity and pensions: (1) A refund annuity which shall be the actuarial equivale…
ORS 238.305 Optional service retirement allowance calculations
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(1) Not later than 60 days after the first benefit payment is made to a retired member of the Public Employees Retirement System, the member may elect to convert the allowance described by ORS 238.300 as payable after retirement into a service retirement annuity of equivalent act…
ORS 238.310 Minimum service retirement allowance
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(1) Notwithstanding any other provision of this chapter, the service retirement allowance of a member who has 15 or more years of creditable service shall be not less than $100 a month, computed under the nonrefund plan: (a) For a member who retires and begins receiving a service…