Chapter 243 — Chapter 243

ORS 243.232 [1983 c.266 §4; 1995 c.612 §16; repealed by 1997 c.222 §54]

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ORS 243.235 [1979 c.469 §3; 1989 c.1006 §1; repealed by 1997 c.222 §54]

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ORS 243.240 [1979 c.469 §5; repealed by 1997 c.222 §54]

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ORS 243.245 [1979 c.469 §6; repealed by 1997 c.222 §54]

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ORS 243.250 [1979 c.469 §7; repealed by 1997 c.222 §54]

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ORS 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

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ORS 243.253 [1981 c.773 §2; repealed by 1997 c.222 §54]

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ORS 243.255 [1979 c.469 §8; repealed by 1997 c.222 §54]

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ORS 243.256 Reimbursement methodology for payment to hospitals. (1) A carrier that contracts with the Public Employees’ Benefit Board to provide to eligible employees and their dependents a benefit plan that reimburses the cost of inpatient or outpatient hospital services or supplies shall reimburse a claim for the cost of a hospital service or supply that is covered by, or is similar to a service or supply that is covered by, the Medicare program in an amount that does not exceed

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ORS 243.260 [1979 c.469 §9; repealed by 1997 c.222 §54]

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ORS 243.265 [1979 c.469 §10; repealed by 1997 c.222 §54]

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ORS 243.270 [1979 c.469 §11; repealed by 1997 c.222 §54]

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ORS 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 or local government 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

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ORS 243.280 [1979 c.469 §14; repealed by 1997 c.222 §54]

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ORS 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

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ORS 243.290 [1979 c.469 §15; repealed by 1997 c.222 §54]

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ORS 243.291 Plan eligibility; costs to be paid by participants; fees. (1) The Public Employees’ Benefit Board may make available one or more fully insured long term care insurance plans. The plans may 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

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ORS 243.295 [1979 c.469 §16; repealed by 1997 c.222 §54]

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ORS 243.296 Requirements when board offers long term care insurance plan. (1) If the Public Employees’ Benefit Board offers a long term care insurance plan under ORS 243.291, the board shall

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ORS 243.300 [1979 c.469 §17; repealed by 1997 c.222 §54]

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ORS 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]

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ORS 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

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ORS 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

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ORS 243.315 Director of Affirmative Action; duties; legislative and judicial branches to monitor own programs. (1) There is hereby created in the Oregon Department of Administrative Services 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

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ORS 243.317 Definitions for ORS 243.317 to 243.323. As used in ORS 243.317 to 243.323

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ORS 243.319 Written policy regarding workplace harassment; requirements. (1) A public employer shall establish and adopt a written policy that seeks to prevent workplace harassment that occurs between employees or between an employer and an employee in the workplace or at a work-related event that is off the employment premises and coordinated by or through the employer, or between an employer and an employee off the employment premises

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ORS 243.320 Copy of policy to be provided to unrepresented party. For purposes of a mediation related to claims or allegations of workplace harassment, a mediator in the mediation shall provide a person who is a party to the mediation and who is not represented by an attorney with a copy of the policy described in ORS 243.319. [2022 c.107 §6]

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ORS 243.321 Written policies and procedures regarding investigation of report of workplace harassment; requirements. A public employer shall develop written policies and procedures for the prompt investigation of a report of workplace harassment. The policies and procedures must

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ORS 243.323 Prohibition against entering into agreement with employee that prevents employee from discussing workplace harassment; exceptions; remedy for violation. (1) Except as provided in subsection (2) or (4) of this section, it is an unlawful employment practice under ORS chapter 659A for a public employer to enter into an agreement with a former, current or prospective employee, as a condition of employment, continued employment, promotion, compensation or the receipt of benefits, that contains a nondisclosure provision, a nondisparagement provision or any other provision that has the purpose or effect of preventing the employee from disclosing or discussing workplace harassment

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ORS 243.325 [1979 c.830 §1; 1997 c.249 §73; 2001 c.104 §74; renumbered 243.853 in 2023]

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ORS 243.326 State agencies to use information systems to track internal investigations of workplace discrimination and harassment. (1) As used in this section and ORS 243.327, “state agency” means an agency of the executive branch that is subject to the provisions of ORS chapter 240

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ORS 243.327 Training program for personnel who conduct internal investigations of workplace discrimination and harassment. (1) The Oregon Department of Administrative Services shall develop a formal training program to provide introductory and ongoing training for state agency personnel who conduct internal investigations of allegations of workplace discrimination and harassment concerning employees of state agencies

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ORS 243.330 [1979 c.830 §2; renumbered 243.854 in 2023]

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ORS 243.335 [1979 c.830 §3; 1997 c.249 §74; renumbered 243.855 in 2023]

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ORS 243.345 [Formerly 243.220; repealed by 2015 c.158 §30]

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ORS 243.350 [Formerly 243.225; repealed by 2015 c.158 §30]

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ORS 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)]

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ORS 243.401 Definitions for ORS 243.401 to 243.507. As used in ORS 243.401 to 243.507

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ORS 243.410 [1977 c.721 §3; 1983 c.789 §1; 1991 c.618 §2; repealed by 1997 c.179 §36]

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ORS 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

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ORS 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 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]

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ORS 243.420 [1977 c.721 §10; 1983 c.789 §2; repealed by 1991 c.618 §20]

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ORS 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 293.857

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ORS 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]

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ORS 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

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ORS 243.430 [1977 c.721 §4; 1985 c.256 §1; 1985 c.690 §1; 1991 c.618 §3; repealed by 1997 c.179 §36]

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ORS 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

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ORS 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

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ORS 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

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ORS 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]

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