237 sections in this chapter.
ORS 243.005 Definitions for ORS 243.005 to 243.045. As used in ORS 243.005 to 243.045
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(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)(a) “Police officer” includes: (A) Police chiefs and police …
ORS 243.010 [Amended by 1955 c.203 §1; 1959 c.162 §1; 1969 c.597 §141; repealed by 1971 c.692 §14]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 243.020 [Amended by 1955 c.203 §2; 1955 c.503 §1; 1957 c.204 §1; 1959 c.162 §2; repealed by 1971 c.692 §14]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 243.030 [Amended by 1955 c.203 §3; repealed by 1955 c.503 §2]
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[Repealed or reserved.]
ORS 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
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(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 admini…
ORS 243.040 [Amended by 1955 c.203 §4; 1959 c.162 §3; repealed by 1971 c.692 §14]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 243.050 [Amended by 1955 c.203 §5; 1959 c.162 §4; 1969 c.502 §6; repealed by 1971 c.692 §14]
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[Repealed or reserved.]
ORS 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
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(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] BENEFIT BOARDS MERGER
ORS 243.057 Role of executive director. (1) The executive director of the Public Employees’ Benefit Board shall also serve as the executive director of the Oregon Educators Benefit Board
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(2) The executive director shall combine administrative functions and operations of the Public Employees’ Benefit Board and the Oregon Educators Benefit Board to the greatest extent practicable to avoid duplication of effort and to promote efficiency, to the extent the combinatio…
ORS 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]
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PUBLIC EMPLOYEES’ BENEFIT BOARD
ORS 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 at least 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
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(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 Director of the Health Policy and Analytics Division of the Oregon Health Authority or …
ORS 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
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(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 …
ORS 243.070 [Repealed by 1971 c.692 §14]
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BENEFIT PLANS (Generally)
ORS 243.105 Definitions for ORS 243.105 to 243.285. As used in ORS 243.105 to 243.285, unless the context requires otherwise
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(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 …
ORS 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 governing board of the public university, 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
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(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…
ORS 243.110 [1955 c.313 §1; 1959 c.540 §1; 1963 c.313 §1; repealed by 1967 c.627 §12]
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[Repealed or reserved.]
ORS 243.115 [1971 c.527 §2; 1973 c.792 §7; 1989 c.563 §1; 1993 c.500 §9; repealed by 1997 c.222 §54]
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[Repealed or reserved.]
ORS 243.120 [1963 c.331 §8; 1967 c.267 §1; repealed by 1967 c.627 §12]
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[Repealed or reserved.]
ORS 243.125 Powers and duties of board; rules. (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 employees on the best basis possible with relation both to the welfare of the employees and to the state and local governments. 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
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(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 employees at a cost affordable to both the employer and the employees. (3) Subject to ORS chapter 183, the board may…
ORS 243.129 Participation in benefit plan by local government. (1) The governing body of a local government may elect to participate in a benefit plan offered by the Public Employees’ Benefit Board
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(2) The decision of the governing body of a local government to participate in a benefit plan offered by the board is in the discretion of the governing body of the local government and is a permissive subject of collective bargaining. (3) If the governing body of a local governm…
ORS 243.130 [1981 c.93 §4; repealed by 1997 c.222 §54]
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[Repealed or reserved.]
ORS 243.135 (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, the state and the local governments. In considering whether to enter into a contract for a plan, the board shall place emphasis on
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(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 com…
ORS 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 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
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(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 employees pursuant to ORS 243.105 to 243.285 at the expense of the person. For such purp…
ORS 243.142 Application for federal waiver. The Oregon Health Authority shall apply for a waiver of federal law or any formal permission from the appropriate federal agency or agencies that is necessary to allow districts and eligible employees of districts to obtain health benefit plans through the health insurance exchange in accordance with ORS 243.886. [2012 c.38 §12; 2015 c.3 §37; 2021 c.569 §13]
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Note: 243.142 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.
ORS 243.144 Benefit plans offered by the Public Employees’ Benefit Board that reimburse the cost of medical and other health services and supplies must comply with the requirements for health benefit plan coverage described in
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(1) ORS 743A.058; (2) ORS 743A.140; (3) ORS 743A.141; (4) ORS 743B.256; (5) ORS 743B.287 (4); (6) ORS 743B.420; (7) ORS 743B.423; (8) ORS 743B.601; (9) ORS 743B.810; (10) ORS 743A.325; (11) ORS 743A.051 (2)(c); and (12) ORS 743A.114 Note: 243.144 was added to and made a part of 2…
ORS 243.145 Board authority with respect to health benefit plans; termination of participation. (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. The board’s authority includes, but is not limited to, the 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
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(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…
ORS 243.155 [1971 c.527 §6; 1975 c.667 §2; repealed by 1997 c.222 §54]
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[Repealed or reserved.]
ORS 243.156 Coverage of adult disabled children. (1) If the Public Employees’ Benefit Board provides options under which an eligible employee may arrange coverage for family members under ORS 243.135, the board shall allow coverage of an adult disabled child of the eligible employee if
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(a) The eligible employee provides a statement from a physician certifying that the adult child has an ongoing disability that prevents the adult child from engaging in self-sustaining employment; (b) The adult child was covered by a parent’s insurance immediately before the time…
ORS 243.157 [1985 c.224 §4; repealed by 1991 c.969 §7]
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[Repealed or reserved.]
ORS 243.160 Eligibility of retired officer or employee to participate in dental benefit plan; rules. A retired state or local government 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; 2013 c.731 §7]
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[Repealed or reserved.]
ORS 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) or 238A.250 (1) 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; 2013 s.s. c.3 §14]
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[Repealed or reserved.]
ORS 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
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(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…
ORS 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
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(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 con…
ORS 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 or the local government 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 or local government 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; 2013 c.731 §8]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 243.180 [1975 c.667 §5; 1977 c.570 §4; 1979 c.302 §2; 1979 c.538 §2; repealed by 1997 c.222 §54]
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[Repealed or reserved.]
ORS 243.182 [1981 c.93 §3; repealed by 1997 c.222 §54]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 243.195 [1971 c.527 §10; repealed by 1997 c.222 §54]
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[Repealed or reserved.]
ORS 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 employees, if the group meets a minimum participation level equal to 75 percent of the persons in the group
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(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 …
ORS 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]
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[Repealed or reserved.]
ORS 243.215 Certain eligible employees permitted to receive employer 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 or local government 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; 2013 c.731 §10]
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[Repealed or reserved.]
ORS 243.220 [1977 c.675 §1; renumbered 243.345]
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(Miscellaneous)
ORS 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 may choose among taxable and nontaxable benefits as provided in the federal Internal Revenue Code
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(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 prov…
ORS 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
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(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 f…
ORS 243.225 [1977 c.675 §2; renumbered 243.350]
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[Repealed or reserved.]
ORS 243.230 [1979 c.469 §2; 1985 c.224 §5; 1987 c.158 §36; 1989 c.1006 §6; repealed by 1997 c.222 §54]
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[Repealed or reserved.]