ORS § 238a.305 — OR Code / Title 22 / Chapter 238a / Section 238a.305
238A.305 Persons establishing membership in system before August 29, 2003
Status: in_force

(1) Except as provided in subsection (2) of this section, all members of the Public Employees Retirement System who established membership in the Public Employees Retirement System before August 29, 2003, as described in ORS 238A.025 (Oregon Public Service Retirement Plan established) become members of the individual account program on January 1, 2004.

(2) A member of the Public Employees Retirement System may not be a member of the individual account program during any period of time during which the member is required to make contributions to the system under ORS 238.200 (Employee contributions generally) .

(3) Solely for the purpose of determining the amount of the employee contribution for persons who become members of the individual account program under this section, whether paid by the employee or by the employer, the Public Employees Retirement Board shall use the definition of “salary” provided by ORS 238.005 (Definitions) . [2003 c.733 §33; 2005 c.332 §17; 2007 c.769 §3]

Source: Section 238A.305 — Persons establishing membership in system before August 29, 2003 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238A.­html (accessed May 26, 2025).
ORS § 242.520 — OR Code / Title 22 / Chapter 242 / Section 242.520
242.520 Merit system to be observed
Status: in_force

(1) No appointment or promotion to any position shall be made except as provided in the Custodians’ Civil Service Law. All appointments to beginning employment positions in the classified civil service shall be made according to fitness, to be ascertained by open competitive assessments. All promotions in the classified civil service shall be made according to merit in service, fidelity in service and seniority in service.

(2) No person shall be appointed or employed by a school board under any title not appropriate to the duties to be performed.

(3) The appointing authority shall immediately notify the board of any appointment or discharge. [Amended by 1969 c.262 §3; 2023 c.437 §8]

Source: Section 242.520 — Merit system to be observed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors242.­html (accessed May 26, 2025).
ORS § 243.686 — OR Code / Title 22 / Chapter 243 / Section 243.686
243.686 Representation elections
Status: in_force

(1) The Employment Relations Board shall place on the ballot only those labor organizations designated to be placed on the ballot by more than 10 percent of the employees in an appropriate bargaining unit.

(2) The ballot shall contain a provision for marking no representation.

(3) The board shall determine who is eligible to vote in the election and require the employer to provide a complete list of all such eligible persons, their names, addresses and job classifications to each candidate organization on the ballot at least 20 days before the election is to occur.

(4) The labor organization which receives the majority of the votes cast in an election shall be certified by the board as the exclusive representative.

(5) In any election where there are more than two choices on the ballot and none of the choices receives a majority of the votes cast, a runoff election shall be conducted. The ballot in the runoff election shall contain the two choices on the original ballot that received the largest number of votes.

(6) Nothing in this section is intended to prohibit the waiving of hearings by stipulation for the purpose of a consent election, in conformity with the rules of the board. [1973 c.536 §8; 1983 c.83 §27; 1997 c.11 §4; 2010 c.22 §1]

Source: Section 243.686 — Representation elections; ballot form; determining organization to be certified; consent elections , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 243.870 — OR Code / Title 22 / Chapter 243 / Section 243.870
243.870 Long term care benefit plans
Status: in_force

(1) The Oregon Educators Benefit Board may make available to eligible employees and family members one or more fully insured long term care benefit plans. Notwithstanding ORS 243.860 (Definitions for ORS 243.860 to 243.886) , for purposes of this subsection, “family member” includes family members, as defined by the board, the parents of the eligible employee and the parents of the spouse or domestic partner of the eligible employee.

(2) Participation of eligible employees in any long term care benefit plan made available by the board is voluntary and is subject to reasonable underwriting guidelines and eligibility rules established by the board.

(3) Unless otherwise agreed to by the employer, the eligible employee is responsible for the payment of the long term care benefit plan premium developed by the board. [2007 c.7 §6; 2019 c.98 §3]

Note: See note under 243.860 (Definitions for ORS 243.860 to 243.886) .

Source: Section 243.870 — Long term care benefit plans , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 236.140 — OR Code / Title 22 / Chapter 236 / Section 236.140
236.140 Term, removal, vacancy in appointive offices
Status: in_force

Any person holding an appointive office in any of the offices, departments or institutions of this state shall hold the same for an indefinite term not exceeding four years, or for the term specified for the office by law. A person holding an appointive office shall at all times serve at the pleasure of and be subject to removal by the appointive power that made the appointment unless a different standard for removal from the office is specified by law. The appointive power may in all cases appoint a successor. [Amended by 2013 c.425 §1]

Source: Section 236.140 — Term, removal, vacancy in appointive offices , https://www.­oregonlegislature.­gov/bills_laws/ors/ors236.­html (accessed May 26, 2025).
ORS § 238.335 — OR Code / Title 22 / Chapter 238 / Section 238.335
238.335 Medical examination for disability retirement allowance
Status: in_force

The board shall require medical examinations for all applicants for retirement for disability under such general rules as it prescribes, and may provide for the discontinuance of any disability retirement allowance and the forfeiture of all rights under this chapter, in the case of any person who refuses to submit to such an examination. [Formerly 237.191]

Source: Section 238.335 — Medical examination for disability retirement allowance; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 238.068 — OR Code / Title 22 / Chapter 238 / Section 238.068
238.068 Membership of legislators
Status: in_force

(1) Notwithstanding ORS 238.015 (Membership generally) , 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.

(2) Notwithstanding any other provision of this chapter, any person who is a member of the Legislative Assembly and a member of the system, and any person who is not a member of the Legislative Assembly but was a member thereof before January 11, 1987, upon payment to the board before July 1, 1991, of the total amount of the employee contributions the person would have made to the Public Employees Retirement Fund for all periods of service as a member of the Legislative Assembly before the date of that payment for which the person was not a member of the system, is entitled to retirement credit for those periods served as a member of the Legislative Assembly, including those periods after reaching the age of 65 years, that the person would have been entitled to had the person been a member of the system for those periods. Employee contributions to be paid by a person under this subsection may be paid at the option of the person in a lump sum or in installments. If the person is a member of the Legislative Assembly, upon request by the person in writing to the state official authorized to disburse funds in payment of the salary of the person as a member of the Legislative Assembly, the state official shall deduct monthly from that salary the amount of money indicated in the request for payment of employment contributions under this subsection and shall pay amounts so deducted to the board.

(3) Notwithstanding any other provision of this chapter, any person who is a member of the Legislative Assembly and a member of the system, and any person who is not a member of the Legislative Assembly but was a member thereof before January 9, 1989, who previously had been employed by an employer participating in the system, but had separated from all service with that employer entitling the employee to membership in the system and withdrawn the amount credited to the member account of the member, may have all of the rights in the system which were forfeited by the withdrawal restored by repaying to the board by July 1, 1991, the full amount so withdrawn together with the interest that would have accumulated on the sum had the amount not been withdrawn. [Formerly 237.029; 2001 c.945 §33]

Source: Section 238.068 — Membership of legislators , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 238.490 — OR Code / Title 22 / Chapter 238 / Section 238.490
238.490 Administrative expenses
Status: in_force

(1) The administrative expenses incurred by the Public Employees Retirement Board in administering the Public Employee Benefit Equalization Fund shall be paid from interest earned by the fund. If the interest is insufficient, the excess expense shall be paid from the contributions by participating employers under ORS 238.488 (Payment of benefits) .

(2) In order to facilitate financing the establishment and administration of the Public Employee Benefit Equalization Fund, the board may designate fiscal periods and may provide that extraordinary expenses incurred during a period, such as expenses for equipment and actuarial studies, may, for purposes of equitably distributing part of the burden of expenses, be apportioned to subsequent fiscal periods in any manner that seems equitable to the board.

(3) For each fiscal period designated by the board, the administrative expenses of the fund for that period shall be deducted from the interest earned by the Public Employee Benefit Equalization Fund. If such interest be insufficient for such purpose, each employer contributing to the Public Employee Benefit Equalization Fund shall pay a fraction of those administrative expenses determined by dividing the employer’s total contribution to the fund for the period by the sum of all the employers’ contributions to the fund for the period. [1997 c.201 §4]

Source: Section 238.490 — Administrative expenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 243.968 — OR Code / Title 22 / Chapter 243 / Section 243.968
243.968 Payment of awards
Status: in_force

(1) When a person eligible to receive an award under ORS 243.956 (Eligibility for benefits from fund) is younger than 18 years of age or is incompetent, the board may pay the award to a relative, guardian or attorney of the person on behalf of and for the benefit of the person. In such case, the board may require the payee to:

(a) File an annual accounting of the award with the board; and

(b) Take such other action that the board determines is necessary and appropriate for the benefit of the beneficiary of the award.

(2) Payment of claims is subject to availability of funds for benefit awards as provided in the board’s current biennial budget approved by the Legislative Assembly or the Emergency Board. [1999 c.981 §11; 2003 c.295 §6]

Note: See note under 243.950 (Public Safety Memorial Fund) .

Source: Section 243.968 — Payment of awards , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 240.086 — OR Code / Title 22 / Chapter 240 / Section 240.086
240.086 Duties of board
Status: in_force

The duties of the Employment Relations Board shall be to:

(1) Review any personnel action affecting an employee, who is not in a certified or recognized appropriate collective bargaining unit, that is alleged to be arbitrary or contrary to law or rule, or taken for political reason, and set aside such action if it finds these allegations to be correct.

(2) Review and enforce arbitration awards involving employees in certified or recognized appropriate collective bargaining units. The awards shall be enforced unless the party against whom the award is made files written exceptions thereto for any of the following causes:

(a) The award was procured by corruption, fraud or undue means.

(b) There was evident partiality or corruption on the part of the arbitrator.

(c) The arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party were prejudiced.

(d) The arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final and definite award upon the subject matter submitted was not made.

(e) There was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing or property referred to in the award.

(f) The arbitrators awarded upon a matter not submitted to them, unless it was a matter not affecting the merits of the decision upon the matters submitted.

(g) The award is in violation of law.

(3) Adopt such rules or hold such hearings as it finds necessary to perform the duties, functions and powers imposed on or vested in it by law. [1969 c.80 §35a (enacted in lieu of 240.085); 1971 c.575 §5; 1975 c.605 §14; 1979 c.468 §5]

Source: Section 240.086 — Duties of board; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors240.­html (accessed May 26, 2025).
ORS § 243.450 — OR Code / Title 22 / Chapter 243 / Section 243.450
243.450 Disclosure statement
Status: in_force

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]

Source: Section 243.450 — Disclosure statement; contents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 238.229 — OR Code / Title 22 / Chapter 238 / Section 238.229
238.229 Effect of lump sum payment to side account on contributions of pooled employer
Status: in_force

(1) If a participating public employer is grouped with any other public employer for the purpose of computing employer contributions under ORS 238.225 (Employer contributions) and the individual public employer makes a lump sum payment that is in addition to the normal employer contribution of the public employer, the Public Employees Retirement Board shall adjust the amount of employer contributions to be made by the individual public employer to ensure that the benefit of the lump sum payment accrues only to the individual public employer making the payment. An individual public employer that makes a lump sum payment under the provisions of this subsection shall remain grouped with other public employers as provided by ORS 238.227 (Pooling of employers for purpose of computing employer contributions) and 238A.220 (Employer contributions) for the purpose of all liabilities of the employer that are not paid under this subsection. The board by rule may establish a minimum lump sum payment that must be made by an individual public employer before adjusting employer contributions under this subsection. Notwithstanding any minimum lump sum payment established by the board, the board must allow an individual public employer to make a lump sum payment under this subsection if the payment is equal to the full amount of the individual public employer’s accrued unfunded liabilities under this section and ORS chapter 238A.

(2) The board shall establish one or more separate accounts within the Public Employees Retirement Fund for one or more lump sum payments made under this section by an individual public employer. The board shall credit to each account all interest and other income received from investment of the account funds during the calendar year. Except as provided in subsection (3) of this section, the board may not collect any administrative expense or other charge from the account or from earnings on the account. Except as provided in subsections (5) and (6) of this section, the account shall be used to offset contributions to the system that the public employer would otherwise be required to make for the liabilities against which the lump sum payment is applied.

(3) The board may charge a participating public employer expenses for administration of an account established under subsection (2) of this section in an amount not to exceed $2,500 for the calendar year in which the account is established and for the immediately following two calendar years, and in an amount not to exceed $1,000 per year for all subsequent years.

(4) If a participating public employer has any liabilities that are attributable to creditable service by employees of the employer before the participating public employer was grouped with other public employers under ORS 238.227 (Pooling of employers for purpose of computing employer contributions) , whether under this section or pursuant to board rule, any lump sum payment made under this section must be applied first against those liabilities, with the oldest liability being paid first. Any amounts remaining after application under this subsection must be deposited in a separate account established under subsection (2) of this section.

(5) Except as provided in subsection (6) of this section, if the board determines at any time after an actuarial study that the amounts in an account established under subsection (2) of this section exceed the amounts necessary to fund the employer’s actuarial liabilities under the system, upon request of the employer, the board shall apply the excess amounts to offset contributions to the individual account program that the employer has agreed to pay under ORS 238A.335 (Employer payment of employee contribution) or 238A.340 (Employer contributions) . The board may apply excess amounts to offset contributions to the individual account program under this subsection only to the extent that the application will not result in the balance in the account being reduced to less than the outstanding principal balance owed on the bonds issued to fund the account. If the request is made by a school district, the school district must attach to the request a copy of a resolution adopted by the district school board for the district authorizing the request. The board shall adopt rules governing offsets under the provisions of this subsection.

(6) The board shall apply any excess amounts in an account established under subsection (2) of this section to offset contributions to the individual account program pursuant to subsection (5) of this section only if the board has determined that applying the excess amounts does not cause the system or the Public Employees Retirement Fund to lose qualification as a qualified governmental retirement plan and trust under the Internal Revenue Code and under regulations adopted pursuant to the Internal Revenue Code. [2005 c.808 §13; 2009 c.889 §1; 2017 c.746 §10a]

Source: Section 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 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 243.275 — OR Code / Title 22 / Chapter 243 / Section 243.275
243.275 Additional benefit plans authorized
Status: in_force

(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.

(2) The monthly contribution of each eligible employee for other benefit plan or plans coverage, as described in subsection (1) of this section, shall be the total cost per month of the benefit coverage afforded the employee under the plan or plans, for which the employee exercises an option, including the cost of enrollment and administrative expenses.

(3) For any benefit plan or plans described in subsection (1) of this section in which the state or a local government participates, the monthly contribution of each eligible employee for the benefit plan, for which the employee exercises an option and there is state or local government participation, shall be reduced by an amount equal to the portion contributed by the state or the local government, including the cost of enrollment and administrative expenses.

(4) The board may withdraw approval of any such additional benefit plan coverage in the same manner as it withdraws approval of health benefit plans as described and authorized by ORS 243.145 (Board authority with respect to health benefit plans) .

(5) If any state agency or local government contracts for any of the benefits described in subsection (1) of this section on behalf of any eligible employees, the administrative expenses of the contract shall be paid by assessment of the participating employees. The contracts are subject to approval of the board before they become operative. The board may withdraw approval for any such benefit in the same manner as it withdraws approval under ORS 243.145 (Board authority with respect to health benefit plans) . [1979 c.469 §12; 1997 c.222 §40; 2013 c.731 §12]

Source: Section 243.275 — Additional benefit plans authorized; assessment for expenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 241.525 — OR Code / Title 22 / Chapter 241 / Section 241.525
241.525 Corrupt practices prohibited
Status: in_force

No public officer and no person who is nominated or seeks nomination or appointment for public office shall use, or promise to use, directly or indirectly, any official authority or influence, whether then possessed or merely anticipated, in the way of conferring upon any person, or in order to secure or aid any person to secure, any office or appointment in the public service, or any nomination, confirmation or promotion, or increase of salary, on consideration that the vote, political influence or action of the last named person or any other shall be given or used in behalf of any candidate, officer or political party or association, or upon any other corrupt condition or consideration. No public officer or employee, or person having or claiming to have any authority or influence for or affecting the nomination, public employment, confirmation, promotion, removal or increase or decrease of salary of any public officer or employee, shall corruptly use, or promise or threaten to use, any such authority or influence, directly or indirectly, in order to coerce or persuade the political vote or action of any citizen, or the removal, discharge or promotion of any public officer or public employee, or upon any corrupt consideration. As used in this section, the phrase “public officer” includes all public officials within the county, whether paid directly or indirectly from the public treasury of the United States, the state or any civil division thereof, including counties and cities, and whether by fees or otherwise; and the phrase “public employee” includes every person not being an officer who is paid from any such treasury.

Source: Section 241.525 — Corrupt practices prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors241.­html (accessed May 26, 2025).
ORS § 243.809 — OR Code / Title 22 / Chapter 243 / Section 243.809
243.809 Determinations regarding alleged misconduct of law enforcement officer in accordance with uniform standards
Status: in_force

(1) For matters concerning alleged misconduct by a law enforcement officer, the following shall make determinations regarding the alleged misconduct and impose disciplinary action in response to such determinations in accordance with the uniform standards adopted by the Commission on Statewide Law Enforcement Standards of Conduct and Discipline under ORS 243.812 (Commission on Statewide Law Enforcement Standards of Conduct and Discipline) :

(a) A law enforcement agency located anywhere in this state.

(b) An arbitrator who serves in an arbitration proceeding described under ORS 243.706 (Agreement may provide for grievance and other disputes to be resolved by binding arbitration or other resolution process) (3).

(c) A civilian or community oversight board, agency or review body.

(2) The requirements described in this section are not subject to collective bargaining.

(3) As used in this section:

(a) “Civilian or community oversight board, agency or review body” means a board, an agency or a body:

(A) Designated by a municipality or a law enforcement agency in performing duties related to investigating allegations of officer misconduct or reviewing police policies and practices; or

(B) Created to oversee disciplinary matters concerning law enforcement officers pursuant to a city charter or ordinance for which a measure that included the question of whether to establish the board, agency or body was referred to and approved by the people of the city at an election held on or after July 1, 2020.

(b) “Law enforcement agency” and “law enforcement officer” have the meanings given those terms in ORS 131.930 (Definitions) . [2021 c.541 §3]

Source: Section 243.809 — Determinations regarding alleged misconduct of law enforcement officer in accordance with uniform standards , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 238.390 — OR Code / Title 22 / Chapter 238 / Section 238.390
238.390 Death benefit
Status: in_force

(1) If a member of the system dies before retiring, the amount of money, if any, credited at the time of death to the member account of the member in the fund shall be paid to the beneficiaries designated by the member. For this purpose a member may designate as a beneficiary any person or the executor or administrator of the estate of the member or a trustee named by the member to execute an express trust in regard to such amount. The termination of a person’s membership in the system pursuant to ORS 238.095 (Termination of membership) (1) or (2) invalidates any designation of beneficiary made by the person before the termination of membership.

(2) Intentionally left blank —Ed.

(a) If a member dies before retiring and has not designated a beneficiary under subsection (1) of this section, or if the designated beneficiary or beneficiaries do not survive the member, the Public Employees Retirement Board shall pay the amount of money, if any, credited at the time of death to the member account of the deceased member to the following person or persons, in the following order of priority:

(A) The member’s surviving spouse or other person who is constitutionally required to be treated in the same manner as a spouse;

(B) The member’s surviving children, in equal shares; or

(C) The member’s estate.

(b) If a simple estate affidavit has been filed under ORS 114.515 (Simple estate affidavit) , the board shall pay the amount to the person who filed the affidavit if:

(A) The member’s estate is the designated beneficiary or is receiving the payment under paragraph (a) of this subsection; and

(B) Intentionally left blank —Ed.

(i) The estate of the decedent remains within the limits prescribed by ORS 114.510 (Simple estate criteria) (1)(a) after consideration of the amount of money credited at the time of death to the member account; or

(ii) The estate of the decedent meets the requirements of ORS 114.510 (Simple estate criteria) (1)(b).

(3) A beneficiary under subsection (1) or (2) of this section may elect to receive the amount payable in actuarially determined monthly payments for the life of such beneficiary as long as such monthly payments are at least $200.

(4) Accrued benefits due a retired member at the time of death are payable to the designated beneficiary or as provided in subsection (2) of this section. For the purpose of determining accrued benefits due a retired member at the time of death, accrued benefits are considered to have ceased as of the last day of the month preceding the month in which the retired member dies; but if Option 2 or Option 3 under ORS 238.305 (Optional service retirement allowance calculations) has been elected as provided in this chapter and the beneficiary survives the retired member, the benefits to the beneficiary shall commence as of the first day of the month in which the retired member dies, and payment of benefits under Option 2 or Option 3 shall cease with the payment for the month preceding the month in which the beneficiary dies.

(5) If a member dies before retiring and has designated a beneficiary under subsection (1) of this section, but the beneficiary dies after the member and before distribution is made under this section, the Public Employees Retirement Board shall pay the amount of money, if any, that would otherwise have been paid to the beneficiary to a personal representative appointed for the estate of the deceased beneficiary. If a simple estate affidavit regarding the deceased beneficiary’s estate has been filed under ORS 114.515 (Simple estate affidavit) , the board shall pay the amount to the person who filed the simple estate affidavit if:

(a) The estate of the deceased beneficiary remains within the limits prescribed by ORS 114.510 (Simple estate criteria) (1)(a) after consideration of the amount of money that would have been payable to the deceased beneficiary; or

(b) The estate of the deceased beneficiary meets the requirements of ORS 114.510 (Simple estate criteria) (1)(b).

(6) Interest upon the member account of the member shall accrue until the date that the amount in the member account is distributed. Any balance in the variable account of the deceased member is considered to be transferred to the regular account of the member as of the date of death. The board shall establish procedures for computing and crediting interest on the balance in the member account for the period between the date of death and date of distribution.

(7) Payment by the board of amounts in the manner provided by this section completely discharges the board and system on account of the death, and shall hold the board and system harmless from any claim for wrongful payment. [Formerly 237.165; 2001 c.945 §56; 2003 c.67 §25; 2003 c.625 §1; 2005 c.808 §28; 2019 c.165 §22; 2023 c.17 §6; 2023 c.404 §9a]

Source: Section 238.390 — Death benefit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 243.974 — OR Code / Title 22 / Chapter 243 / Section 243.974
243.974 Designation of beneficiary form
Status: in_force

(1) At the time a public safety officer is hired or utilized as a volunteer, the agency employing or utilizing the public safety officer shall provide the public safety officer with a designation of beneficiary form on which the public safety officer may elect to designate a person to receive benefits under ORS 243.956 (Eligibility for benefits from fund) in lieu of the standard beneficiaries identified in ORS 243.969 (Payment of lump sum benefits) . If the public safety officer completes the beneficiary form, the agency shall retain the beneficiary form until an initial application is filed under ORS 243.958 (Initial application for benefits) .

(2) If no designation of beneficiary form has been completed under subsection (1) of this section, any lump sum benefits will be paid under the provisions of ORS 243.969 (Payment of lump sum benefits) .

(3) No later than three days after a determination that a public safety officer suffered a qualifying death or disability, the agency employing or utilizing the public safety officer shall notify the Public Safety Memorial Fund Board of the fact by sending the board the appropriate form supplied by the Department of Public Safety Standards and Training. If a designation of beneficiary form has been completed, the agency shall include the form with the notification to the board. [1999 c.981 §15; 2001 c.493 §4; 2003 c.295 §8; 2007 c.378 §5]

Note: See note under 243.950 (Public Safety Memorial Fund) .

Source: Section 243.974 — Designation of beneficiary form; notice required when public safety officer suffers qualifying death or disability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 236.370 — OR Code / Title 22 / Chapter 236 / Section 236.370
236.370 ORS 236.350 to 236.370 not applicable to certain public safety officers
Status: in_force

ORS 236.350 (Definitions for ORS 236.350 to 236.370) to 236.370 (ORS 236.350 to 236.370 not applicable to certain public safety officers) do not apply to disciplinary action taken against public safety officers who are:

(1) In an initial probationary period of employment that does not exceed 12 months or in a probationary period under a collective bargaining agreement which is in excess of 12 months;

(2) Under a county civil service system adopted pursuant to ORS 241.002 (Creating or changing county civil service by election) to 241.009 (Initiative or referendum) ;

(3) Under a county or municipal civil service system which provides public safety officers with disciplinary action protections at least equivalent to those provided under ORS 236.350 (Definitions for ORS 236.350 to 236.370) and 236.360 (Disciplinary actions) ;

(4) The chief executive officers of law enforcement units, as defined in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689) ;

(5) Supervisory employees, as defined under ORS 243.650 (Definitions for ORS 243.650 to 243.809) , where a collective bargaining agreement is in effect with their public employer; or

(6) Represented in a collective bargaining unit if the collective bargaining agreement or the established policies of the law enforcement unit that employs the public safety officers provide for procedures and safeguards of the sort provided for in ORS 236.350 (Definitions for ORS 236.350 to 236.370) to 236.370 (ORS 236.350 to 236.370 not applicable to certain public safety officers) . [1979 c.618 §4; 1991 c.742 §15; 1993 c.185 §22; 1993 c.623 §4; 1995 c.286 §19; 2009 c.716 §3; 2011 c.202 §1]

Source: Section 236.370 — ORS 236.350 to 236.370 not applicable to certain public safety officers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors236.­html (accessed May 26, 2025).
ORS § 240.011 — OR Code / Title 22 / Chapter 240 / Section 240.011
240.011 Policy on public service contracts
Status: in_force

(1) The Legislative Assembly declares that the interests of the state are best served by a system that goes beyond consideration of mere short-term cost to encompass other benefits, such as efficiency, continuity of operations, public protection and avoidance of the spoils system. The state has a basic obligation to protect the public by attempting to assure the orderly and uninterrupted operations, services and functions of all public agencies.

(2) It is the policy of the state that contracts for public services entered into by any public agency be entered with full knowledge of costs and benefits to the public and that contracts be subject to ongoing review to insure accountability of the contractor for the quantity and quality of contracted services. [1989 c.862 §1(1),(2)]

Note: 240.011 (Policy on public service contracts) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 240 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 240.011 — Policy on public service contracts; review , https://www.­oregonlegislature.­gov/bills_laws/ors/ors240.­html (accessed May 26, 2025).
ORS § 240.145 — OR Code / Title 22 / Chapter 240 / Section 240.145
240.145 Duties of administrator
Status: in_force

The Administrator of the Personnel Division, subject to the approval of the Director of the Oregon Department of Administrative Services, shall direct and supervise all the administrative and technical activities of the Personnel Division. In addition to the duties imposed upon the administrator elsewhere in this chapter, the administrator shall:

(1) Establish and maintain a roster of all employees in state service, in which there shall be set forth, as to each employee, the class title of the position held, the salary or pay; any change in class title, pay, status or merit rating; and any other data about the employee that the division deems necessary.

(2) Select for appointment, under this chapter, such employees of the division and such experts and special assistants as are necessary to carry out effectively the provisions of this chapter.

(3) Prepare such rules, policies and procedures, tests and eligible lists as are necessary to carry out the duties, functions and powers of the Personnel Division under this chapter.

(4) Devise plans for and cooperate with appointing authorities and other supervisory officers in the conduct of employee training programs, to the end that the quality of service rendered by state personnel may be continually improved.

(5) Investigate from time to time the operation and effect of this chapter and the rules thereunder, and report findings and recommendations to the director of the department.

(6) Make annual reports to the director of the department regarding the work of the division, and such special reports as the director considers desirable. [Amended by 1969 c.80 §43; 1971 c.695 §1; 1979 c.468 §9]

Source: Section 240.145 — Duties of administrator; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors240.­html (accessed May 26, 2025).
ORS § 243.702 — OR Code / Title 22 / Chapter 243 / Section 243.702
243.702 Renegotiation of invalid provisions in agreements
Status: in_force

(1) In the event any words or sections of a collective bargaining agreement are declared to be invalid by any court of competent jurisdiction, by ruling by the Employment Relations Board, by statute or constitutional amendment or by inability of the employer or the employees to perform to the terms of the agreement, then upon request by either party the invalid words or sections of the collective bargaining agreement shall be reopened for negotiation.

(2) Renegotiation of a collective bargaining agreement pursuant to this section is subject to ORS 243.698 (Expedited bargaining process) . [1973 c.536 §11; 1995 c.286 §4]

Source: Section 243.702 — Renegotiation of invalid provisions in agreements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 236.620 — OR Code / Title 22 / Chapter 236 / Section 236.620
236.620 Status of transferred employee
Status: in_force

(1) A public employer who receives a transferred employee under ORS 236.610 (Rights of employee when duties assumed by different public employer) (1), including an employee whose transfer is provided for by an agreement under ORS 190.010 (Authority of local governments to make intergovernmental agreement) , shall place that employee on its employee roster, subject to the following:

(a) If the employee was serving a probationary period with the employer at the time of transfer, the past service of the employee on probation shall apply on the regular probation requirements of the receiving employer.

(b) Notwithstanding any other provision of law applicable to a retirement system for employees of the prior employer or of the receiving employer, but subject to subsection (2) of this section, the employee at the option of the employee may elect to continue for 12 months under any retirement system in which the employee was participating prior to transfer or, if the employee meets the qualifications therefor, the employee may elect to participate in the retirement system available to employees of the receiving employer. The employee’s election shall be in writing and made within 30 days after the date of transfer. If the employee elects to continue under the retirement system in which the employee was participating prior to transfer, the employee shall retain all rights and be entitled to all benefits under that system, the employee shall continue to make contributions to that system and the receiving employer shall make contributions on behalf of the employee to that system as required of employers participating in that system, as if the transfer had not occurred.

(c) The employee shall retain the seniority the employee accrued under prior employment, but no regular employee of the receiving employer shall be demoted or laid off by reason of that seniority at the time the transfer occurs. Thereafter, the employee’s seniority from the transferring employer shall be regarded as seniority acquired under the receiving employer.

(d) The employee otherwise shall enjoy the same privileges, including benefits, hours and conditions of employment, and be subject to the same regulations as other employees of the receiving employer.

(2) The Public Employees Retirement Board may terminate membership in the Public Employees Retirement System for any transferred employee if the board determines that allowing membership for the employee would cause the system or the Public Employees Retirement Fund to lose qualification as a qualified governmental retirement plan and trust under the Internal Revenue Code and under regulations adopted pursuant to the Internal Revenue Code. [1963 c.204 §3; 1967 c.550 §10; 1991 c.918 §4; 1995 c.286 §22; 1999 c.317 §4]

Source: Section 236.620 — Status of transferred employee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors236.­html (accessed May 26, 2025).
ORS § 237.655 — OR Code / Title 22 / Chapter 237 / Section 237.655
237.655 Legislator members of state deferred compensation plan
Status: in_force

(1) Intentionally left blank —Ed.

(a) If a person appointed or elected as a member of the Legislative Assembly elects under ORS 237.645 (Options for legislators who are not members of Public Employees Retirement System) or 237.650 (Options for legislators who are members of Public Employees Retirement System) to become a legislator member of the state deferred compensation plan for the purpose of service in the Legislative Assembly, the Legislative Assembly shall make employer contributions to the plan in an amount that is equal to the percentage of the member’s salary that would have been contributed to the Public Employees Retirement Board for the member’s normal cost under ORS 238A.220 (Employer contributions) , as determined by the actuary under ORS 238.605 (Actuarial report on system) .

(b) Notwithstanding paragraph (a) of this subsection, contributions made to the plan by the Legislative Assembly under this subsection may not exceed the maximum allowed by federal law.

(2) If a person appointed or elected as a member of the Legislative Assembly elects under ORS 237.645 (Options for legislators who are not members of Public Employees Retirement System) or 237.650 (Options for legislators who are members of Public Employees Retirement System) to become a legislator member of the state deferred compensation plan for the purpose of service in the Legislative Assembly, and the person also participates in the state deferred compensation plan in the manner provided by ORS 243.401 (Definitions for ORS 243.401 to 243.507) to 243.507 (Payment of deferred compensation to alternate payee under judgment or order) as other than a legislator member, the total contributions made to the plan by the person and by the employer under subsection (1) of this section may not exceed the maximum allowed by federal law governing the plan’s tax qualification.

(3) Except for the contributions required by subsection (1) of this section, the Legislative Assembly may not “pick-up,” assume or pay any contributions on behalf of a legislator member of the state deferred compensation plan. [2003 c.733 §46c; 2011 c.722 §2; 2013 s.s. c.3 §9; 2018 c.98 §14]

Note: See note under 237.650 (Options for legislators who are members of Public Employees Retirement System) .

Source: Section 237.655 — Legislator members of state deferred compensation plan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors237.­html (accessed May 26, 2025).
ORS § 242.760 — OR Code / Title 22 / Chapter 242 / Section 242.760
242.760 Qualifications for admission to examination
Status: in_force

Examinations shall be given only to persons who possess such qualifications as to residence, age, health, education, citizenship, habits and moral character as are prescribed by the rules of the commission. [1959 c.252 §28]

Source: Section 242.760 — Qualifications for admission to examination , https://www.­oregonlegislature.­gov/bills_laws/ors/ors242.­html (accessed May 26, 2025).
ORS § 240.590 — OR Code / Title 22 / Chapter 240 / Section 240.590
240.590 Reemployment of employee in exempt service
Status: in_force

An employee in the exempt service who has been employed full-time for at least 12 months consecutively in such service may be noncompetitively reemployed in a position for which qualified within two years from the date of separation, if separated from state service in good standing. However, such reemployment shall occur only after current bargaining unit members have exhausted any rights under an applicable collective bargaining agreement. [1985 c.635 §5]

Source: Section 240.590 — Reemployment of employee in exempt service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors240.­html (accessed May 26, 2025).
ORS § 238.305 — OR Code / Title 22 / Chapter 238 / Section 238.305
238.305 Optional service retirement allowance calculations
Status: in_force

(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 (Service retirement allowance) as payable after retirement into a service retirement annuity of equivalent actuarial value of one of the optional forms named below. The election of Option 2, 2A, 3 or 3A shall be effective immediately upon the member’s retirement.

Option 1. (a) A life annuity (nonrefund) payable during the member’s life only, which shall be the actuarial equivalent of accumulated contributions by the member under this chapter and interest thereon credited at the time of retirement (if death occurs before the first payment is due, the member account shall be treated as though death had occurred before retirement); (b) a life pension (nonrefund) provided by the contributions of employers as provided in ORS 238.300 (Service retirement allowance) (2) and, for pension benefits that accrue on or after July 1, 2020, amounts in the employee pension stability account established for the member under ORS 238A.353 (Employee pension stability accounts established) ; (c) an additional nonrefund pension for prior service credit, including military service, credited to the member at the time of first becoming a member of the system, as elsewhere provided in this chapter, which pension shall be provided by the contributions of the employer; or

Option 2. A reduced service retirement allowance payable during the member’s life, with the provision that it continue after death for the life of the beneficiary the member nominates by written designation duly acknowledged and filed with the Public Employees Retirement Board at the time of election, should the beneficiary survive the member; or

Option 2A. A reduced service retirement allowance payable during the member’s life which, unless modified under subsection (6) of this section, continues after death for the life of the beneficiary the member nominates by written designation duly acknowledged and filed with the board at the time of election, should the beneficiary survive the member; or

Option 3. A reduced service retirement allowance payable during the member’s life, with the provision that it continue after death at one-half the rate paid to the member and be paid for the life of the beneficiary the member nominates by written designation duly acknowledged and filed with the board at the time of election, should the beneficiary survive the member; or

Option 3A. A reduced service retirement allowance payable during the member’s life which, unless modified under subsection (6) of this section, continues after death at one-half the rate paid to the member and is paid for the life of the beneficiary the member nominates by written designation duly acknowledged and filed with the board at the time of election, should the beneficiary survive the member; or

Option 4. A reduced service retirement allowance payable during the member’s life, with the provisions that if the member dies before a total of 180 monthly payments is made, the remainder of the 180 monthly payments shall be paid monthly to the beneficiary the member nominates by written designation duly acknowledged and filed with the board at any time before the member’s death; and that if the member designates no beneficiary to receive the monthly payments or no such beneficiary is able to receive the monthly payments, an amount equal to the actuarial value, on the date of the member’s death, of the total of the monthly payments not made to the member shall be paid according to ORS 238.390 (Death benefit) for disposal of an amount credited to the member account of a member at the time of death; and that if the beneficiary receiving monthly payments dies before the total number of monthly payments to which the beneficiary is entitled is made, an amount equal to the actuarial value, on the date of the beneficiary’s death, of the total of the monthly payments not made to the member and beneficiary shall be paid according to ORS 238.390 (Death benefit) for disposal of an amount credited to the member account of a member at the time of death and as if the beneficiary had been a member.

(2) Not later than 60 days after the first benefit payment is made to a retired member of the system, the member may elect, in lieu of the allowance described by ORS 238.300 (Service retirement allowance) as payable after retirement, a service retirement benefit consisting of:

(a) A refund of accumulated contributions by the member under this chapter and interest thereon credited at the time of refund; and

(b) A life pension (nonrefund) provided by the contributions of employers as provided in ORS 237.147 (2) (1979 Replacement Part) and, for pension benefits that accrue on or after July 1, 2020, amounts in the employee pension stability account established for the member under ORS 238A.353 (Employee pension stability accounts established) , and an additional life pension (nonrefund) for prior service credit as provided in ORS 238.300 (Service retirement allowance) (3). At the same time as making the election under this subsection, the member may elect to convert the pensions described by this paragraph into a service retirement annuity of equivalent actuarial value of one of the optional forms named as Option 2, 2A, 3 or 3A under subsection (1) of this section.

(3) Not later than 60 days after the first benefit payment is made to a retired member of the system, the member may elect in lieu of the allowance described by ORS 238.300 (Service retirement allowance) a refund service retirement benefit consisting of:

(a) A refund of accumulated contributions by the member under this chapter and interest thereon credited at the time of retirement;

(b) An amount that matches the amount of accumulated contributions by the member and interest thereon, provided by the contributions of employers and, for pension benefits that accrue on or after July 1, 2020, amounts in the employee pension stability account established for the member under ORS 238A.353 (Employee pension stability accounts established) ; and

(c) Interest on the amounts described in paragraphs (a) and (b) of this subsection from the effective date of retirement until the amounts are paid.

(4) Intentionally left blank —Ed.

(a) If the member elects to receive the service retirement benefit described in subsection (2) or (3) of this section, the member shall elect at the same time to receive the refund described in subsection (2)(a) or (3) of this section in one lump sum payment or in more than one but not more than five installment payments. If the member elects installment payments:

(A) The amount to be paid under subsection (3)(b) of this section by employer contributions and amounts in the employee pension stability account established for the member under ORS 238A.353 (Employee pension stability accounts established) shall be transferred to the individual account of the member in the Public Employees Retirement Fund as of the effective date of retirement.

(B) The installment payments shall be paid once each year for the number of consecutive years equal to the number of installment payments elected.

(C) The amount of each installment payment shall be designated by the member at the time of making the election, but the last installment payment shall be the unrefunded balance remaining in the member account of the member in the fund.

(D) The member account of the member in the fund shall be maintained until the last installment payment is paid. The board shall establish procedures for computing and crediting interest annually on the unrefunded balance of the member account.

(E) A yearly installment payment shall be paid on the anniversary of the date of the first installment payment.

(F) The member is considered to have elected to transfer any balance in the variable account of the member to the regular account of the member.

(G) If the member dies before payment of all installment payments, the unrefunded balance in the member account of the member plus interest to date of disbursement is payable as provided in ORS 238.390 (Death benefit) (4).

(b) If a member elects to receive the refund service retirement benefit described in subsection (3) of this section, and does not elect to receive those amounts in installments under the provisions of this subsection, all rights of the member in the system shall terminate upon the payment of the amounts provided for in subsection (3) of this section, except as provided in paragraph (c) of this subsection. If a member elects to receive the refund service retirement benefit described in subsection (3) of this section, and also elects to receive those amounts in installments under the provisions of this subsection, all rights of the member in the system shall terminate upon the making of the first payment, except as provided in paragraph (c) of this subsection.

(c) A member who elects to receive the refund service retirement benefit described in subsection (3) of this section, and any eligible spouse or dependent of the member, shall continue to be eligible for insurance under ORS 238.410 (Board may contract for insurance for retirees) , and for any premium payments the member may be entitled to under ORS 238.415 (Payment toward cost of pre-Medicare insurance) and 238.420 (Payment toward cost of Medicare supplemental insurance) .

(5) The designation of a beneficiary, the election of an option or any other election or designation under subsection (1), (2), (3) or (4) of this section may be changed by the member within 60 days after the date of the first benefit payment, except that the designation of a beneficiary under Option 4 may be changed by the member at any time before the member’s death.

(6) If a retired member has elected to receive a service retirement allowance under Option 2A or Option 3A as provided in subsection (1) of this section, and if the beneficiary under that option dies after the expiration of the time within which the member could change the election of an option or if the beneficiary is the spouse of the member and the marriage relationship is terminated as provided by law after the expiration of the time within which the member could change the election of an option, the member may elect to receive, in lieu of the optional form of allowance previously elected, the allowance that the member would have received on the effective date of retirement under Option 1 as provided in subsection (1) of this section and adjusted by the actual amount of any cost-of-living or other post-retirement adjustments made to the original allowance since the effective date of retirement. Notice of election under this subsection must be in a form approved by the board. If an election is made under this subsection, the Option 1 payment amount is applicable to the first full month after the death of the beneficiary, or the first full month after entry of the judgment of divorce, and payable the first day of the month thereafter. If the increased amount is not paid in any month in which the increased amount is due, the board shall make a lump sum payment to the retired member that is equal to the difference between the amount paid to the member for that month and the amount that should have been paid under the provisions of this subsection.

(7) Notwithstanding any other provision of this section, any member of the system who retired before October 3, 1989, and elected to receive a service retirement allowance under either Option 2 or 3 as provided in subsection (1) of this section shall be entitled to receive a service retirement allowance equal to that which the member would have received on the effective date of retirement under Option 1 as provided in subsection (1) of this section and adjusted by the actual amount of any cost-of-living or other post-retirement adjustments made to the original allowance since the effective date of retirement if:

(a) The member has attained 80 years of age;

(b) The person designated by the member as the member’s beneficiary has predeceased the member; and

(c) The member gives written notice to the board of the death of the member’s beneficiary.

(8) Notwithstanding any other provision of this section, any member of the system who retired before October 3, 1989, who elected to receive a refund of accumulated employee contributions and a life pension or pensions under subsection (2) of this section, and who elected to convert the life pension or pensions provided for in subsection (2) of this section into a service retirement annuity under Option 2 or 3 under subsection (1) of this section, shall be entitled to receive a life pension or pensions equal to that which the member would have received on the effective date of retirement under subsection (2) of this section and adjusted by the actual amount of any cost-of-living or other post-retirement adjustments made to the original life pension or pensions since the effective date of retirement if:

(a) The member has attained 80 years of age;

(b) The person designated by the member as the member’s beneficiary has predeceased the member; and

(c) The member gives written notice to the board of the death of the member’s beneficiary.

(9) The service retirement allowance provided in subsection (7) or (8) of this section shall be applicable to the first full month after the death of the member’s beneficiary, or the first full month after the member attains 80 years of age, whichever is later.

(10) The board may deny an election to convert a service retirement allowance under this section, a change of beneficiary under this section or a change in benefit options under this section if that denial is required to maintain the status of the system and the Public Employees Retirement Fund as a qualified governmental retirement plan and trust under the Internal Revenue Code and under regulations adopted pursuant to the Internal Revenue Code. [Formerly 237.155; 1997 c.180 §1; 1999 c.317 §10; 2001 c.945 §§8,68; 2003 c.625 §3; 2005 c.138 §1; 2019 c.355 §14]

Note: Section 3, chapter 180, Oregon Laws 1997, provides:

Sec. 3. (1) If on October 4, 1997, a retired member is eligible for the service retirement allowance provided by ORS 238.305 (Optional service retirement allowance calculations) (7) or (8) but was not eligible under ORS 238.305 (Optional service retirement allowance calculations) (1995 Edition):

(a) The member may give written notice of the member’s eligibility to the Public Employees Retirement Board at any time after October 4, 1997; and

(b) The service retirement allowance of the retired member under ORS 238.305 (Optional service retirement allowance calculations) (7) or (8) is first applicable to the first full month after the death of the member’s beneficiary, or the first full month after the member attained 80 years of age, whichever is later.

(2) As soon as possible after October 4, 1997, the board shall calculate and mail a check for the amount of any retroactive payment required under subsection (1) of this section. The retroactive payment shall represent the difference between the total of all monthly amounts paid to the member before the first recalculated monthly payment is made under subsection (1) of this section, and the total of all monthly amounts that would have been paid to the member if ORS 238.305 (Optional service retirement allowance calculations) , as amended by section 1, chapter 180, Oregon Laws 1997, had been in effect on and after October 3, 1989. In no event shall the increased service allowance under ORS 238.305 (Optional service retirement allowance calculations) (7), or the increased life pension or pensions under ORS 238.305 (Optional service retirement allowance calculations) (8), be applicable to any monthly payment that was made before the first full month following October 3, 1989, and no retroactive payment shall be made under this section for any monthly payment that was made before the first full month following October 3, 1989. [1997 c.180 §3; 2001 c.945 §9]

Source: Section 238.305 — Optional service retirement allowance calculations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 238.465 — OR Code / Title 22 / Chapter 238 / Section 238.465
238.465 Benefits payable to others under certain judgments
Status: in_force

(1) Notwithstanding ORS 238.445 (Benefits exempt from execution, bankruptcy and certain taxes) or any other provision of law, payments under this chapter or ORS chapter 238A of any pension, annuity, retirement allowance, disability benefit, death benefit, refund benefit or other benefit that would otherwise be made to a person entitled thereto under this chapter or ORS chapter 238A shall be paid, in whole or in part, by the Public Employees Retirement Board to an alternate payee if and to the extent expressly provided for in the terms of any judgment of annulment or dissolution of marriage or of separation, or the terms of any court order or court-approved property settlement agreement incident to any judgment of annulment or dissolution of marriage or of separation. Except as provided in subsection (5) of this section, the total actuarial value of benefits payable to a member and to an alternate payee under this section may not be greater than the value of the benefits the member would otherwise be eligible to receive if the annulment or dissolution of marriage or separation had not occurred. Any payment under this subsection to an alternate payee bars recovery by any other person.

(2) A judgment, order or settlement providing for payment to an alternate payee under subsection (1) of this section may also provide:

(a) That payments to the alternate payee may commence, at the election of the alternate payee, at any time after the earlier of:

(A) The earliest date the member would be eligible to receive retirement benefits if the member separates from service; or

(B) The date the member actually separates from service due to death, disability, retirement or termination of employment.

(b) That the alternate payee may elect to receive payment in any form of pension, annuity, retirement allowance, disability benefit, death benefit, refund benefit or other benefit, except a benefit in the form of a joint and survivor annuity, that would be available to the member under this chapter or ORS chapter 238A, or that would be available to the member if the member retired or separated from service at the time of election by the alternate payee, without regard to the form of benefit elected by the member.

(c) That the alternate payee’s life is the measuring life for the purpose of measuring payments to the alternate payee under the form of benefit selected by the alternate payee and for the purpose of determining necessary employer reserves.

(d) Except as provided in ORS 238.305 (Optional service retirement allowance calculations) (10) and 238.325 (Optional disability retirement allowance calculations) (7), that any person designated by the member as a beneficiary under ORS 238.300 (Service retirement allowance) , 238.305 (Optional service retirement allowance calculations) , 238.325 (Optional disability retirement allowance calculations) , 238A.190 (Survivorship benefits) or 238A.400 (Payment of accounts at retirement) be changed, even though the member has retired and has begun receiving a retirement allowance or pension. If a change of beneficiary is ordered under this paragraph, the board shall adjust the anticipated benefits that would be payable to the member and the beneficiary to ensure that the cost to the system of providing benefits to the member and the new beneficiary does not exceed the cost that the system would have incurred to provide benefits to the member and the original beneficiary. The judgment, order or settlement may not provide for any change to the option selected by the retired member under ORS 238.300 (Service retirement allowance) , 238.305 (Optional service retirement allowance calculations) , 238.320 (Disability retirement allowance) , 238.325 (Optional disability retirement allowance calculations) , 238A.190 (Survivorship benefits) or 238A.400 (Payment of accounts at retirement) as to the form of the retirement benefit.

(e) That death benefits under ORS 238A.230 (Death benefit) to which the alternate payee has been entitled as the spouse of a member shall be available to the alternate payee after the effective date of the judgment of annulment or dissolution of marriage or of separation.

(3) The board shall adopt rules that provide for:

(a) The creation of a separate account in the name of the alternate payee reflecting the judgment’s, order’s or agreement’s distribution of the member’s benefits under this chapter or ORS chapter 238A;

(b) The establishing of criteria to determine whether domestic relations judgments, orders and agreements comply with this section; and

(c) The definitions and procedures for the administration of this section.

(4) An alternate payee may designate a beneficiary for the purposes of death benefits payable under ORS 238.390 (Death benefit) and 238.395 (Additional death benefit) . Subject to ORS 238A.410 (Death benefits) (2), an alternate payee may designate a beneficiary for the purposes of death benefits payable under ORS 238A.410 (Death benefits) . If the alternate payee fails to designate a beneficiary for the purposes of death benefits payable under ORS 238.390 (Death benefit) and 238.395 (Additional death benefit) , the benefits shall be paid as provided by ORS 238.390 (Death benefit) (2). If the alternate payee fails to designate a beneficiary for the purposes of death benefits payable under ORS 238A.410 (Death benefits) , the benefits shall be paid as provided by ORS 238A.410 (Death benefits) (3). If a judgment, order or agreement awards an interest to an alternate payee, and if the alternate payee predeceases the member before the alternate payee has commenced receiving benefits, the alternate payee shall be considered a member of the system who died before retiring for the purposes of the death benefits provided in ORS 238.390 (Death benefit) , 238.395 (Additional death benefit) , 238A.230 (Death benefit) and 238A.410 (Death benefits) , but for purposes of the death benefits provided in ORS 238.395 (Additional death benefit) , the alternate payee shall be considered a member of the system who died before retiring only if the member would have been eligible for death benefits under ORS 238.395 (Additional death benefit) had the member died at the same time as the alternate payee. Payment of the death benefits to the beneficiaries, estate or other persons entitled to receive the benefits under ORS 238.390 (Death benefit) , 238.395 (Additional death benefit) , 238A.230 (Death benefit) and 238A.410 (Death benefits) , shall constitute payment in full of the alternate payee’s interest under the judgment, order or agreement.

(5) Any increase in the retirement allowance provided to the member shall increase the amounts paid to the alternate payee in the same proportion, except that:

(a) An alternate payee is not entitled to receive cost-of-living adjustments under ORS 238.360 (Cost-of-living adjustments) or any other retirement allowance increase until benefits are first paid from the system on behalf of the member; and

(b) Cost-of-living adjustments under ORS 238.360 (Cost-of-living adjustments) or 238A.210 (Cost-of-living adjustment) to the retirement allowance paid to an alternate payee shall be calculated on the basis of the amount of the alternate payee’s yearly allowance or yearly pension or benefit, as those terms are defined in ORS 238.360 (Cost-of-living adjustments) and 238A.210 (Cost-of-living adjustment) .

(6) An alternate payee under this section is not eligible to receive the benefits provided under ORS 238.410 (Board may contract for insurance for retirees) , 238.415 (Payment toward cost of pre-Medicare insurance) , 238.420 (Payment toward cost of Medicare supplemental insurance) and 238.440 (Optional purchase of benefit units by police and firefighters) by reason of the provisions of this section.

(7) An alternate payee who elects to begin receiving payments under subsection (1) of this section before the member’s effective date of retirement is not eligible to receive any additional payment by reason of credit in the system acquired by the member after the alternate payee begins to receive payments.

(8) Subsection (1) of this section applies only to payments made by the board after the date of receipt by the board of written notice of the judgment, order or agreement and such additional information and documentation as the board may prescribe.

(9) Intentionally left blank —Ed.

(a) Subject to the limitations provided in this subsection, whenever the board is required to make payment to an alternate payee under the provisions of this section, the board shall charge and collect out of the benefits payable to the member and the alternate payee actual and reasonable administrative expenses and related costs incurred by the board in obtaining data and making calculations that are necessary by reason of the provisions of this section.

(b) The board may not charge more than $1,300 for total administrative expenses and related costs incurred in obtaining data or making calculations that are necessary by reason of the provisions of this section. The board shall allocate expenses and costs charged under the provisions of this subsection between the member and the alternate payee based on the fraction of the benefit received by the member or alternate payee.

(c) On January 1 of each year, the board shall adjust the dollar amount provided in paragraph (b) of this subsection to reflect any percentage increase in the cost of living for the previous calendar year, based on changes in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor.

(10) Unless otherwise provided by the judgment, order or agreement, a member has no interest in the benefit payable to an alternate payee under this section. Upon the death of an alternate payee, the board shall make such payment to the beneficiary designated by the alternate payee as may be required under the form of benefit elected by the alternate payee. If a death benefit is payable under ORS 238.390 (Death benefit) or 238.395 (Additional death benefit) by reason of the death of an alternate payee, payment of the death benefit shall be made to the beneficiary designated by the alternate payee under ORS 238.390 (Death benefit) (1), or as otherwise provided by ORS 238.390 (Death benefit) and 238.395 (Additional death benefit) .

(11) As used in this section, “court” means any court of appropriate jurisdiction of this or any other state or of the District of Columbia. [Formerly 237.205; 2001 c.945 §§82,89; 2003 c.576 §405; 2003 c.733 §55; 2005 c.808 §32; 2013 s.s. c.2 §6; 2015 c.506 §2; 2023 c.405 §1]

Note: Section 2 (2), chapter 405, Oregon Laws 2023, provides:

Sec. 2. (2) The Public Employees Retirement Board shall make the first adjustment required under ORS 238.465 (Benefits payable to others under certain judgments) (9)(c) on January 1, 2025. [2023 c.405 §2(2)]

Source: Section 238.465 — Benefits payable to others under certain judgments; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 243.684 — OR Code / Title 22 / Chapter 243 / Section 243.684
243.684 Requirements for petition for representation
Status: in_force

A petition for representation filed under ORS 243.682 (Representation questions) (2) must include a statement of a desire by the employees to be represented and must be signed and dated by the employees during the 180 days before the petition is filed with the Employment Relations Board. [2013 c.663 §5; 2017 c.496 §4]

Note: 243.684 (Requirements for petition for representation) 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.

Source: Section 243.684 — Requirements for petition for representation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 240.570 — OR Code / Title 22 / Chapter 240 / Section 240.570
240.570 Classified employee filling position in unclassified, exempt or management service
Status: in_force

(1) Positions in the unclassified, management and exempt services may be filled by classified employees. After an employee is terminated from the unclassified or exempt service or removed from the management service, for reasons other than those specified in ORS 240.555 (Suspension, reduction, demotion or dismissal) , the state agency that employed the employee before the appointment to the unclassified, exempt or management service may, at the agency’s sole discretion, restore the employee to a position held in the agency before the appointment if the employee meets the position requirements. If an employee is restored to a former position, the employee is subject to any applicable agency collective bargaining agreement.

(2) An appointing authority may assign, reassign and transfer management service employees for the good of the service and may remove employees from the management service due to reorganization or lack of work.

(3) A management service employee is subject to a trial service period established pursuant to rules of the Personnel Division under ORS 240.250 (Rules applicable to management service) . Thereafter, the management service employee may be disciplined by reprimand, salary reduction, suspension or demotion or may be removed or dismissed from the management service if the employee is unable or unwilling to fully and faithfully perform the duties of the position satisfactorily.

(4) Management service employees who are assigned, reassigned, transferred or removed, as provided in subsection (2) of this section, and employees who are disciplined, removed or dismissed from the management service as authorized in subsection (3) of this section may appeal to the Employment Relations Board in the manner provided by ORS 240.560 (Appeal procedure) .

(5) Intentionally left blank —Ed.

(a) Management service employees with immediate prior former regular status in the classified service who are removed from trial service pursuant to ORS 240.410 (Removals during trial period) have a right to be restored to their former positions.

(b) Except as provided in paragraph (a) of this subsection, management service employees with immediate prior former regular status in the classified service who are appointed to the management service and who have not been dismissed from the management service for a reason specified in ORS 240.555 (Suspension, reduction, demotion or dismissal) :

(A) Prior to January 1, 2015, have the right to restoration to the classified service for three years from the date of appointment to the management service.

(B) After December 31, 2014, have no right to restoration to the classified service. [1955 c.738 §6; 1979 c.468 §18; 1981 c.409 §4; 1985 c.121 §3; 1987 c.269 §1; 2005 c.766 §1; 2014 c.22 §1]

Source: Section 240.570 — Classified employee filling position in unclassified, exempt or management service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors240.­html (accessed May 26, 2025).
ORS § 244.165 — OR Code / Title 22 / Chapter 244 / Section 244.165
244.165 Rules or policies of state agency or association of public bodies
Status: repealed

(1) For the purpose of protecting against violations of the provisions of this chapter, a state agency, as defined in ORS 183.750 (State agency required to prepare public writings in readable form) , or a statewide association of public bodies, as defined in ORS 174.109 (“Public body” defined) , may adopt rules or policies interpreting the provisions of this chapter. The rules or policies must be consistent with the provisions of this chapter. A state agency or a statewide association of public bodies may submit rules or policies adopted under this subsection to the Oregon Government Ethics Commission for review.

(2) Upon receiving rules or policies submitted under subsection (1) of this section, the commission shall review the rules and policies to determine whether the rules and policies are consistent with the provisions of this chapter. The commission, by a vote of a majority of the members of the commission, shall approve or reject the rules or policies. The commission shall notify the state agency or statewide association of public bodies in writing of the commission’s approval or rejection. A written notice of rejection shall explain the reasons for the rejection.

(3) Unless the applicable rule or policy is amended or repealed by the state agency or the statewide association of public bodies, the commission may not impose a penalty under ORS 244.350 (Civil penalties) or 244.360 (Additional civil penalty equal to twice amount of financial benefit) on a public official for any good faith action the official takes in compliance with a rule or policy that was adopted by the state agency that the official serves, or by a statewide association of which the public body that the official serves is a member, and approved by the commission under subsection (2) of this section. [2007 c.865 §5; 2007 c.877 §39b]

Source: Section 244.165 — Rules or policies of state agency or association of public bodies; commission approval; effect , https://www.­oregonlegislature.­gov/bills_laws/ors/ors244.­html (accessed May 26, 2025).
ORS § 238.660 — OR Code / Title 22 / Chapter 238 / Section 238.660
238.660 Fund generally
Status: in_force

(1) The Public Employees Retirement Fund is declared to be a trust fund, separate and distinct from the General Fund, for the uses and purposes set forth in this chapter and ORS chapter 238A and ORS 237.950 (Pre-1953 Public Employees Retirement System abolished) to 237.980 (Rights and moneys exempt from taxation, execution and bankruptcy and are unassignable) , and for no other use or purpose, except that this provision shall not be deemed to amend or impair the force or effect of any law of this state specifically authorizing the investment of moneys from the fund. Interest earned by the fund shall be credited to the fund. Except as otherwise specifically provided by law, the Public Employees Retirement Board established by ORS 238.630 (Board generally) is declared to be the trustee of the fund. Consistent with the legislative intent expressed in ORS 238.601 (Legislative findings and intent) , and to the extent it is consistent with the board’s fiduciary duties, the board shall give equal consideration to the interests of participating public employers and the interests of members. Nothing in this subsection shall be construed to impose a fiduciary duty on the board to consider the interests of public employers, and the board shall consider the interests of public employers only with respect to matters unrelated to the board’s fiduciary duties as trustee of the fund.

(2) Until all liabilities to members and their beneficiaries are satisfied, assets of the fund may not be diverted or otherwise put to any use that is not for the exclusive benefit of members and their beneficiaries. This subsection does not limit return of employer contributions for health benefits in the manner provided by ORS 238.410 (Board may contract for insurance for retirees) , 238.415 (Payment toward cost of pre-Medicare insurance) and 238.420 (Payment toward cost of Medicare supplemental insurance) upon satisfaction of all liabilities for health benefits under those sections.

(3) The State of Oregon and other public employers that make contributions to the fund have no proprietary interest in the fund or in the contributions made to the fund by them. The state and other public employers disclaim any right to reclaim those contributions and waive any right of reclamation they may have in the fund. This subsection does not prohibit alteration or refund of employer contributions if the alteration or refund is authorized under this chapter or ORS chapter 238A and is due to erroneous payment or decreased liability for employer contributions under the system. This subsection does not prohibit the offset of contributions to the individual account program under ORS 238.229 (Effect of lump sum payment to side account on contributions of pooled employer) (5).

(4) The board may accept gifts of money or other property from any source, given for the uses and purposes of the system. Money so received shall be paid into the fund. Money or other property so received shall be used for the purposes for which received. Unless otherwise prescribed by the source from which the money or other property is received, the money shall be considered as income of the fund and the other property shall be retained, managed and disposed of as are investments of the fund.

(5) All moneys paid into the fund shall be deposited with the State Treasurer, who shall be custodian of the fund and pay all warrants drawn on it in compliance with law. No such warrant shall be paid until the claim for which it is drawn is first approved by the director or designee and otherwise audited and verified as required by law. Monthly, each beneficiary’s gross benefit shall be calculated; applicable deductions made for taxes, insurance and other withholdings; and the net amount paid to the beneficiary, by check or by electronic funds transfer (EFT) to the beneficiary’s bank. A deduction summary shall be made, by type, and a check issued for the aggregate of each type for transmittal to the appropriate taxing jurisdiction, vendor or institution. A voucher shall be prepared and transmitted to the Oregon Department of Administrative Services for reimbursement of the checking account, and the department shall draw a warrant on the State Treasurer, payable to the Public Employees Retirement System, for the amount thereof.

(6) Any warrant, check or order for the payment of benefits or refunds under the system out of the fund issued by the board which is canceled, declared void or otherwise made unpayable pursuant to law because it is outstanding and unpaid for a period of more than two years, may be reissued by the board without bond if the payee is located after such warrant, check or order is canceled, declared void or otherwise made unpayable pursuant to law.

(7) All references in this chapter to checks or warrants are subject to the provisions of ORS 291.001 (Use of accounting terms) .

(8) The board shall provide for an annual audit of the retirement fund and for an annual report to the Legislative Assembly and to all members of, retirees of, and all employers participating in, the system. The annual report must contain financial statements prepared in accordance with generally accepted accounting principles. The financial statements must include the report of any independent auditor.

(9) The board may review legislative proposals for changes in the benefits provided under this chapter and ORS chapter 238A and may make recommendations to committees of the Legislative Assembly on those proposed changes. In making recommendations under this subsection, the board acts as a policy advisor to the Legislative Assembly and not as a fiduciary. In making recommendations under this subsection on the Oregon Public Service Retirement Plan established by ORS chapter 238A, the board shall seek to maintain the balance between benefits and costs, and the relative risk borne by employers and employees with respect to investment performance, reflected in ORS chapter 238A as in effect on January 1, 2004.

(10) The board shall appoint a committee to advise the board on legislative proposals for changes in the benefits provided under this chapter and ORS chapter 238A. The committee must have an equal number of members representing labor and management. No costs of reviewing legislative proposals and making recommendations under this subsection may be charged to the fund. Any member of the committee who is an active member of the system shall be released by the participating public employer who employs the member for the purpose of conducting the official business of the committee, and the wages or salary of the member may not be reduced by the employer during periods that the member is released from duty for the purpose of conducting the official business of the committee. [Formerly 237.271; 1997 c.121 §1; 1999 c.317 §8; 1999 c.407 §6; 2001 c.945 §3; 2003 c.17 §2; 2003 c.625 §29; 2003 c.733 §60; 2009 c.889 §2]

Source: Section 238.660 — Fund generally; board review of legislative proposals , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 238.115 — OR Code / Title 22 / Chapter 238 / Section 238.115
238.115 Alternate method of restoring credit forfeited by reason of termination of membership
Status: in_force

(1) Intentionally left blank —Ed.

(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:

(A) Applies in writing to the Public Employees Retirement Board for restoration of creditable service; and

(B) Pays to the board in a lump sum for credit to the member account of the member the amount withdrawn and interest on the amount withdrawn compounded annually for each year or portion of a year after the date of the withdrawal and before the effective date of retirement of the member. The interest shall be computed at the annual rate of 7.5 percent.

(b) If a member who obtains restoration of creditable service as provided in this subsection does not obtain restoration of all creditable service forfeited by the withdrawal pursuant to service after reentry, the payment under paragraph (a) of this subsection shall be reduced proportionately to reflect the percentage of creditable service restored.

(c) A member who obtains restoration of creditable service as provided in this subsection is not entitled to elect to receive the service retirement benefit described in ORS 238.305 (Optional service retirement allowance calculations) (2) or (3).

(2) A member who forfeited creditable service rendered to a public employer before March 27, 1953, because under ORS 237.976 (Disposition of contributions made under abolished system) (2) the employee withdrew contributions of the employee to the Public Employees Retirement System established by chapter 401, Oregon Laws 1945, and who did not obtain restoration of creditable service so forfeited as provided in chapter 857, Oregon Laws 1977, shall, upon retirement, receive restoration of creditable service so forfeited, if the member, before the effective date of retirement of the member:

(a) Applies in writing to the board for the restoration of the creditable service; and

(b) Pays to the board in a lump sum for credit to the member account of the member an amount determined by the board to be equal to the full amount of contributions so withdrawn and the interest that would have accumulated to the regular account of the member had those contributions not been withdrawn.

(3) Intentionally left blank —Ed.

(a) A member of the Public Employees Retirement System who was a member of an association established pursuant to ORS chapter 239 (1997 Edition), but separated from all service entitling the employee to membership in the system of the association and withdrew the amount credited to the member account of the employee in the retirement fund of the association, and who, after that separation, entered the service of an employer in the field of education participating in the Public Employees Retirement System and served as an active member of that system for 10 years after that entry, and who has not otherwise obtained restoration of all creditable service forfeited by the withdrawal, shall obtain creditable service as a member of the Public Employees Retirement System equal to all creditable service forfeited by the withdrawal if the member within 90 days before the effective date of retirement of the member:

(A) Applies in writing to the Public Employees Retirement Board for that creditable service; and

(B) Pays to the board in a lump sum for credit to the member account of the member the amount withdrawn and interest on the amount withdrawn compounded annually for each year or portion of a year after the date of the withdrawal and before the effective date of retirement or effective date of application of the member. The interest shall be computed at the rate actually credited to regular accounts for that period.

(b) This subsection provides a method of obtaining creditable service for forfeited creditable service described in this subsection that is in lieu of any application of subsection (1) of this section for that purpose.

(4) Restoration of creditable service under this section does not affect any forfeiture of rights of a person by reason of:

(a) Withdrawal of an account established under ORS 238.440 (Optional purchase of benefit units by police and firefighters) ; or

(b) Withdrawal of individual accounts pursuant to ORS 238A.375 (Distribution of accounts to inactive member) . [Formerly 237.108; 1999 c.130 §5; 2001 c.945 §§11,38; 2007 c.52 §5; 2019 c.355 §11]

Source: Section 238.115 — Alternate method of restoring credit forfeited by reason of termination of membership , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 241.290 — OR Code / Title 22 / Chapter 241 / Section 241.290
241.290 Efficiency records
Status: in_force

(1) Records of individual efficiency of holders of positions under civil service shall be established and kept in all departments of the county government. The records shall be made by the appointing power, unless otherwise directed by the commission, and in accordance with such regulations as the commission may prescribe. Copies of the records shall be filed with the commission from time to time, as it may require.

(2) The commission shall investigate all efficiency records and may make its own records, and shall rate upon such records the item of ascertained merit in examinations for promotion. The commission shall establish and enforce regulations under which records of unsatisfactory service may lead to reduction in grade and compensation and provide for the manner in which persons falling below the standards of efficiency fixed by its regulations may be removed, discharged or reduced in grade or compensation.

Source: Section 241.290 — Efficiency records , https://www.­oregonlegislature.­gov/bills_laws/ors/ors241.­html (accessed May 26, 2025).
ORS § 236.640 — OR Code / Title 22 / Chapter 236 / Section 236.640
236.640 Reemployment right of employee at end of cooperation agreement
Status: in_force

At the end of a cooperation agreement the employee transferred shall be entitled to the position of the employee with the transferring employer prior to transfer, if the employee has remained an employee of the transferee employer in good standing to the termination of the agreement. [1963 c.204 §5]

Source: Section 236.640 — Reemployment right of employee at end of cooperation agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors236.­html (accessed May 26, 2025).
ORS § 238.382 — OR Code / Title 22 / Chapter 238 / Section 238.382
238.382 Statements constitute declaration under penalty of perjury
Status: in_force

A statement required under ORS 238.372 (Increased benefits not payable to nonresidents) to 238.384 (Rules) constitutes a declaration under penalty of perjury and must include the following sentence in prominent letters immediately above the signature of the declarant: “I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is subject to penalty for perjury.” [2011 c.653 §6]

Source: Section 238.382 — Statements constitute declaration under penalty of perjury , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 241.085 — OR Code / Title 22 / Chapter 241 / Section 241.085
241.085 Secretary of commission
Status: in_force

The commission shall appoint a secretary, who shall keep records of its proceedings, preserve all reports made to it, superintend and keep a record of all examinations and investigations held or made under its direction, and perform such other duties as it may prescribe. The secretary shall hold office during the pleasure of the commission and shall receive such salary as the board of county commissioners may fix.

Source: Section 241.085 — Secretary of commission , https://www.­oregonlegislature.­gov/bills_laws/ors/ors241.­html (accessed May 26, 2025).
ORS § 244.221 — OR Code / Title 22 / Chapter 244 / Section 244.221
244.221 Disposition of moneys in terminated fund
Status: in_force

(1) Not later than 30 days after a legal expense trust fund is terminated, the trustee of the fund shall return any moneys remaining in the fund to contributors to the fund on a pro rata basis.

(2) If the legal proceeding for which the trust fund was established results in an award of attorney fees, costs or any other money judgment award to or in favor of the public official, amounts awarded shall be distributed in the following order:

(a) To pay outstanding legal expenses;

(b) To contributors to the trust fund on a pro rata basis; and

(c) To the public official or, if required by the trust agreement, to an organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code. [2007 c.877 §37]

Source: Section 244.221 — Disposition of moneys in terminated fund; distribution of award of attorney fees, costs or money judgment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors244.­html (accessed May 26, 2025).
ORS § 238.082 — OR Code / Title 22 / Chapter 238 / Section 238.082
238.082 Limits on hours worked by retired members
Status: repealed

(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 or periods of employment by one or more public employers of a retired member who is reemployed under this section may not total 1,040 hours or more in any calendar year.

(3) A retired member who is receiving old-age, survivors or disability insurance benefits under the federal Social Security Act may be employed under this section for the number of hours permitted by subsection (2) of this section, or for the number of hours for which the salary equals the maximum allowed for receipt of the full amount of those benefits to which the person is entitled, whichever is greater.

(4) Except as provided in subsection (9) of this section, the limitations on employment imposed by subsections (2) and (3) of this section do not apply to a retired member who is employed as a teacher or as an administrator, as those terms are defined in ORS 342.120 (Definitions for chapter) , if the retired member is employed by a school district or community college district located within a county with a population of not more than 35,000 inhabitants according to the latest federal decennial census, or is employed by an education service district and the retired member’s primary work duties are performed in a county with a population of not more than 35,000 inhabitants according to the latest federal decennial census. A retired member who is employed under this subsection as a teacher, as defined in ORS 342.120 (Definitions for chapter) , by the same public employer that employed the member at the time of retirement remains in the same collective bargaining unit that included the member before retirement.

(5) Except as provided in subsection (9) of this section, the limitations on employment imposed by subsections (2) and (3) of this section do not apply to a retired member who is employed:

(a) By the sheriff of a county with a population of fewer than 75,000 inhabitants, according to the latest federal decennial census;

(b) By the municipal police department of a city with a population of fewer than 15,000 inhabitants, according to the latest federal decennial census;

(c) By the state or a county for work in a correctional institution located in a county with a population of fewer than 75,000 inhabitants, according to the latest federal decennial census;

(d) By the Black Butte Ranch Rural Fire Protection District, the Black Butte Ranch Service District or the Sunriver Service District;

(e) By the Oregon State Police for work in a county with a population of fewer than 75,000 inhabitants, according to the latest federal decennial census;

(f) As a deputy director or assistant director of the Department of Human Services, if the Governor approves the exemption for the person from the limitations on employment imposed in subsections (2) and (3) of this section;

(g) As a deputy director or assistant director of the Oregon Health Authority, if the Governor approves the exemption for the person from the limitations on employment imposed in subsections (2) and (3) of this section;

(h) As a special campus security officer commissioned by the governing board of a public university listed in ORS 352.002 (Public universities) under ORS 352.118 (Establishment of police department) ;

(i) As a security officer for a community college, as defined in ORS 341.005 (Definitions) ;

(j) By the Harney County Health District as a person licensed, registered or certified to provide health services; or

(k) By the Department of the State Fire Marshal for fire prevention, fire preparedness, fire risk mitigation, firefighting, emergency response or other response support functions.

(6) Except as provided in subsection (9) of this section, the limitations on employment imposed by subsections (2) and (3) of this section do not apply to a retired member who is employed to temporarily replace an employee who serves in the National Guard or in a reserve component of the Armed Forces of the United States and who is called to federal active duty.

(7) Except as provided in subsection (9) of this section, the limitations on employment imposed by subsections (2) and (3) of this section do not apply to a retired member who is employed by a road assessment district organized under ORS 371.405 (Definitions for ORS 371.405 to 371.535) to 371.535 (Disposition of funds of dissolved district) .

(8) Except as provided in subsection (9) of this section, the limitations on employment imposed by subsections (2) and (3) of this section do not apply to a retired member who is a nurse and is employed by a public employer as a nurse or for the purpose of teaching nursing during the period in which a nursing workforce shortage declared by the Legislative Assembly or the Governor is in effect.

(9) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, subsections (4) to (8) of this section do not apply to any member who retires under the provisions of ORS 238.280 (Eligibility for retirement) (1), (2) or (3).

(b) Subsection (4) of this section applies to a person who retires under the provisions of ORS 238.280 (Eligibility for retirement) (1), (2) or (3) as long as the person is absent from service with all participating public employers for at least six months before the date the person is employed under subsection (4) of this section.

(10) Employment under this section does not affect the status of a person as a retired member of the system and a recipient of retirement benefits under this chapter.

(11) Hours worked by a person employed under subsections (4) to (8) of this section shall not be counted for the purpose of the limitations on employment imposed by subsections (2) and (3) of this section. [Formerly 237.143; 1997 c.178 §1; 2001 c.874 §2; 2003 c.625 §34; 2005 c.808 §40; 2007 c.307 §1; 2007 c.404 §4; 2007 c.774 §1; 2007 c.789 §4; 2009 c.390 §1; 2009 c.868 §§3,5; 2011 c.720 §69; 2019 c.152 §5; 2019 c.496 §2; 2021 c.135 §1; 2023 c.347 §10]

Note: Sections 34, 35 and 38 (1), chapter 355, Oregon Laws 2019, provide:

Sec. 34. Section 35 of this 2019 Act is added to and made a part of ORS chapter 238. [2019 c.355 §34]

Sec. 35. Employment of retired member without limitation on hours through 2034. (1) Notwithstanding ORS 237.650 (Options for legislators who are members of Public Employees Retirement System) and any provision of this chapter and subject to the limitations in this section, during any calendar year through calendar year 2034, a participating public employer may employ any retired member without limitation on the hours worked by the retired member if the administrative head of the public employer is satisfied that the employment is in the public interest.

(2) A public employer that employs a retired member during any calendar year through calendar year 2034, shall contribute to the Public Employees Retirement Board the percentage of the member’s wages that would have been contributed to the board under ORS 238.225 (Employer contributions) if the member were an active member of the Public Employees Retirement System. Employer contributions made under this section are in addition to employer contributions made under ORS 238.225 (Employer contributions) . The board shall apply contributions made by a public employer under this subsection against the liabilities of the public employer. The board shall adopt rules governing payments made under this subsection.

(3) This section does not apply to any member who retires under the provisions of ORS 238.280 (Eligibility for retirement) (1), (2) or (3), unless the person is absent from employment with all participating public employers for at least six months before the date the person is employed under this section.

(4) Employment under this section does not affect the status of a person as a retired member of the system and a recipient of retirement benefits under this chapter. [2019 c.355 §35; 2021 c.135 §2; 2023 c.43 §1]

Sec. 38. (1) Section 35, chapter 355, Oregon Laws 2019, as amended by section 2, chapter 135, Oregon Laws 2021, and section 1 of this 2023 Act, is repealed on January 2, 2035. [2019 c.355 §38; 2023 c.43 §3(1)]

Source: Section 238.082 — Limits on hours worked by retired members , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 242.824 — OR Code / Title 22 / Chapter 242 / Section 242.824
242.824 Contribution to political or religious funds or performance of political service
Status: in_force

No person holding any position subject to civil service is under any obligation to contribute to any political or religious fund or to render any political service to any person or party. No person shall be removed, reduced in grade or salary or otherwise prejudiced for refusing to do so. No person shall discharge, promote, demote or in any manner change the official rank, employment or compensation of any person subject to civil service or promise or threaten to do so for giving, withholding or neglecting to make any contribution of money or services or any other valuable thing for any political, racial or religious purpose. [1959 c.252 §42; 1997 c.359 §1]

Source: Section 242.824 — Contribution to political or religious funds or performance of political service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors242.­html (accessed May 26, 2025).
ORS § 241.405 — OR Code / Title 22 / Chapter 241 / Section 241.405
241.405 Leaves of absence
Status: in_force

(1) Leave of absence for not more than 30 days, without pay, and without the consent of the commission, may be granted by any appointing power to any person under civil service subject to the authority of the appointing power. The appointing power shall give immediate notice of such leave to the commission. Leaves of absence for longer periods shall not be granted except by express permission of the commission.

(2) Leaves of absence without pay for at least two years shall be granted automatically to all regular employees who serve in the Peace Corps as volunteers. Upon expiration of the leave the employee shall have the right to be reinstated to the position held before the leave was granted and at the salary rates prevailing for such positions on the date of resumption of duty, without loss of seniority or other employment rights. Failure of the employee to report within 90 days after termination of service shall be cause for dismissal. [Amended by 1963 c.199 §4]

Source: Section 241.405 — Leaves of absence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors241.­html (accessed May 26, 2025).
ORS § 237.650 — OR Code / Title 22 / Chapter 237 / Section 237.650
237.650 Options for legislators who are members of Public Employees Retirement System
Status: in_force

(1) Except as provided in this section, a person who is appointed or elected as a member of the Legislative Assembly and who is a member of the Public Employees Retirement System at the time of the appointment or election may make a retirement plan election in the manner provided by this section. If a person who is permitted to make an election under this section does not make a retirement plan election under subsection (2), (3), (4) or (5) of this section, the person is deemed to have elected a retirement plan as provided in subsection (6) of this section.

(2) An active or inactive member of the Public Employees Retirement System who is appointed or elected as a member of the Legislative Assembly, and who established membership in the system before August 29, 2003, as described in ORS 238A.025 (Oregon Public Service Retirement Plan established) , may:

(a) Elect to remain a member of the system under ORS chapter 238 for the purpose of service in the Legislative Assembly;

(b) Decline to remain a member of the system under ORS chapter 238 and elect to become a legislator member of the state deferred compensation plan under ORS 237.655 (Legislator members of state deferred compensation plan) for the purpose of service in the Legislative Assembly; or

(c) Decline to remain a member of the system under ORS chapter 238 or to become a legislator member of the state deferred compensation plan under ORS 237.655 (Legislator members of state deferred compensation plan) for the purpose of service in the Legislative Assembly.

(3) A retired member of the Public Employees Retirement System who is appointed or elected as a member of the Legislative Assembly, and who established membership in the system before August 29, 2003, as described in ORS 238A.025 (Oregon Public Service Retirement Plan established) , may:

(a) Elect to become an active member of the system under ORS chapter 238 for the purpose of service in the Legislative Assembly;

(b) Decline to become an active member of the system under ORS chapter 238 and elect to become a legislator member of the state deferred compensation plan under ORS 237.655 (Legislator members of state deferred compensation plan) for the purpose of service in the Legislative Assembly; or

(c) Decline to become an active member of the system under ORS chapter 238 or to become a legislator member of the state deferred compensation plan under ORS 237.655 (Legislator members of state deferred compensation plan) for the purpose of service in the Legislative Assembly.

(4) An active or inactive member of the Public Employees Retirement System who is appointed or elected as a member of the Legislative Assembly, and who established membership in the system on or after August 29, 2003, as described in ORS 238A.025 (Oregon Public Service Retirement Plan established) , may:

(a) Elect to remain a member of the system under ORS chapter 238A for the purpose of service in the Legislative Assembly;

(b) Decline to remain a member of the system under ORS chapter 238A and elect to become a legislator member of the state deferred compensation plan under ORS 237.655 (Legislator members of state deferred compensation plan) for the purpose of service in the Legislative Assembly; or

(c) Decline to remain a member of the system under ORS chapter 238A or to become a legislator member of the state deferred compensation plan under ORS 237.655 (Legislator members of state deferred compensation plan) for the purpose of service in the Legislative Assembly.

(5) A retired member of the Public Employees Retirement System who is appointed or elected as a member of the Legislative Assembly, and who established membership in the system on or after August 29, 2003, as described in ORS 238A.025 (Oregon Public Service Retirement Plan established) , may:

(a) Elect to become an active member of the system under ORS chapter 238A for the purpose of service in the Legislative Assembly;

(b) Decline to become an active member of the system under ORS chapter 238A and elect to become a legislator member of the state deferred compensation plan under ORS 237.655 (Legislator members of state deferred compensation plan) for the purpose of service in the Legislative Assembly; or

(c) Decline to become an active member of the system under ORS chapter 238A or to become a legislator member of the state deferred compensation plan under ORS 237.655 (Legislator members of state deferred compensation plan) for the purpose of service in the Legislative Assembly.

(6) Written notice of an election under subsection (2), (3), (4) or (5) of this section must be given to the Public Employees Retirement Board not more than 30 days after the person takes office. If the board does not receive written notice of the election within 30 days after the person takes office:

(a) A person described in subsection (2) of this section is deemed to have elected to remain a member of the Public Employees Retirement System under ORS chapter 238 for the purpose of service in the Legislative Assembly.

(b) A person described in subsection (3) of this section is deemed to have declined to become an active member of the system under ORS chapter 238 or to become a legislator member of the state deferred compensation plan under ORS 237.655 (Legislator members of state deferred compensation plan) , and remains a retired member of the system under ORS chapter 238 for the purpose of service in the Legislative Assembly.

(c) A person described in subsection (4) of this section is deemed to have elected to remain a member of the Public Employees Retirement System under ORS chapter 238A for the purpose of service in the Legislative Assembly.

(d) A person described in subsection (5) of this section is deemed to have declined to become an active member of the system under ORS chapter 238A or to become a legislator member of the state deferred compensation plan under ORS 237.655 (Legislator members of state deferred compensation plan) , and remains a retired member of the system under ORS chapter 238A for the purpose of service in the Legislative Assembly.

(7) An election under subsection (3)(b) or (c) or (5)(b) or (c) of this section does not affect the status of a person as a retired member of the system and a recipient of retirement benefits under ORS chapter 238 or 238A.

(8) An election under this section does not affect the ability of a person appointed or elected as a member of the Legislative Assembly to participate in the state deferred compensation plan in the manner provided by ORS 243.401 (Definitions for ORS 243.401 to 243.507) to 243.507 (Payment of deferred compensation to alternate payee under judgment or order) as other than a legislator member under ORS 237.655 (Legislator members of state deferred compensation plan) . [2003 c.733 §46a; 2011 c.722 §1; 2013 s.s. c.3 §8]

Note: 237.650 (Options for legislators who are members of Public Employees Retirement System) and 237.655 (Legislator members of state deferred compensation plan) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 237 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 237.650 — Options for legislators who are members of Public Employees Retirement System , https://www.­oregonlegislature.­gov/bills_laws/ors/ors237.­html (accessed May 26, 2025).
ORS § 238.366 — OR Code / Title 22 / Chapter 238 / Section 238.366
238.366 Retirement allowance increase based on years of service
Status: in_force

(1) Intentionally left blank —Ed.

(a) Upon retirement of an employee who is a member of the Public Employees Retirement System and computation of that member’s service retirement allowance under ORS 238.300 (Service retirement allowance) , 238.305 (Optional service retirement allowance calculations) or 238.425 (Benefits payable to vested inactive member) , or computation of any disability retirement allowance under ORS 238.320 (Disability retirement allowance) , 238.325 (Optional disability retirement allowance calculations) , 238.330 (Minimum disability retirement allowance) , 238.345 (Optional service-connected disability retirement allowance for police officers and firefighters) or 238.425 (Benefits payable to vested inactive member) , the Public Employees Retirement Board shall add to the amount of the allowance, including amounts attributable to prior service credit and the amount of any refund of accumulated member contributions, an additional amount equal to the percentage increase provided in subsection (4) of this section.

(b) The percentage increase provided for in this section shall be adjusted by the board to reflect increases or decreases in a member’s retirement allowance that are attributable to the member’s participation in the Variable Annuity Account established by ORS 238.260 (Variable Annuity Account) , that are attributable to a change in the member’s beneficiary or payment option under ORS 238.305 (Optional service retirement allowance calculations) or 238.325 (Optional disability retirement allowance calculations) , or that are attributable to corrections to the member’s retirement allowance calculation.

(c) The percentage increase provided for in this section shall be applied to any lump sum payment made to a member or a beneficiary of a member on or after January 1, 1991, that is attributable to a retroactive correction or adjustment of the amount payable to the member or beneficiary as a retirement allowance or that is attributable to a retroactive correction or adjustment to any other benefit that entitles a member or beneficiary to an increased benefit under this section. The percentage increase payable under this paragraph applies only to the principal amounts included in the lump sum payment as a retroactive correction or adjustment and does not apply to any interest on the retroactive correction or adjustment paid as part of the lump sum payment.

(2) The amount of any death benefit under ORS 238.390 (Death benefit) , 238.395 (Additional death benefit) , 238.400 (Payment upon death of retired member who dies before making election of retirement benefits) or 238.405 (Death benefit payable to survivors of certain police officers or firefighters) , including the amount of any monthly payments, shall be increased by an amount equal to the percentage increase provided in subsection (4) of this section.

(3) Intentionally left blank —Ed.

(a) A member of the system who receives a lump sum under ORS 238.315 (Lump sum payment in lieu of small allowance) in lieu of a retirement allowance or other benefit shall receive an additional amount equal to the percentage increase provided in subsection (4) of this section.

(b) A member of the system who withdraws the amount credited to the member account, if any, of the member under the provisions of ORS 238.265 (Withdrawal of member account) , or whose member account is returned to the employee after the membership of the employee is terminated under the provisions of ORS 238.095 (Termination of membership) , shall receive an additional amount calculated by multiplying the amount of the member account of the member by the percentage increase provided for under subsection (4) of this section. If a member thereafter elects to obtain restoration of creditable service by repaying the amount of the withdrawn member account pursuant to the provisions of ORS 238.105 (Restoration of credit forfeited by reason of termination of membership) , the member must also repay all amounts paid under this section, together with interest from the date of withdrawal at the same rate as applied to the withdrawn member account under ORS 238.105 (Restoration of credit forfeited by reason of termination of membership) . If a member repays only part of the withdrawn member account pursuant to the provisions of ORS 238.115 (Alternate method of restoring credit forfeited by reason of termination of membership) , the member must repay that part of the amount paid under this section that is proportionate to the portion of the withdrawn member account that is repaid under ORS 238.115 (Alternate method of restoring credit forfeited by reason of termination of membership) , together with interest from the date of withdrawal at the same rate as applied to the withdrawn member account under ORS 238.115 (Alternate method of restoring credit forfeited by reason of termination of membership) . All amounts paid to the member that are subsequently repaid under ORS 238.105 (Restoration of credit forfeited by reason of termination of membership) or 238.115 (Alternate method of restoring credit forfeited by reason of termination of membership) shall be deposited by the board to the employer reserve for pension accounts in the fund.

(4) Intentionally left blank —Ed.

(a) The percentage increases provided for in this section to the benefits payable to or on account of a member of the system who is serving as other than a police officer or firefighter at the time of death or retirement shall be:

(A) For a member with a combined total of 10 or more years of creditable service in the system and prior service credit but less than a combined total of 20 years, one percent.

(B) For a member with a combined total of 20 or more years of creditable service in the system and prior service credit but less than a combined total of 25 years, two percent.

(C) For a member with a combined total of 25 or more years of creditable service in the system and prior service credit but less than a combined total of 30 years, three percent.

(D) For a member with a combined total of 30 or more years of creditable service in the system and prior service credit, four percent.

(b) The percentage increases provided for in this section to the benefits payable to or on account of a member of the system who is serving as a police officer or firefighter at the time of death or retirement shall be:

(A) For a member with a combined total of 10 or more years of creditable service in the system and prior service credit but less than a combined total of 20 years, one percent.

(B) For a member with a combined total of 20 or more years of creditable service in the system and prior service credit but less than a combined total of 25 years, two and one-half percent.

(C) For a member with a combined total of 25 or more years of creditable service in the system and prior service credit, four percent.

(c) The benefits payable to or on account of a member with less than a combined total of 10 years of creditable service in the system and prior service credit at the time of death or retirement shall not be increased under the provisions of this section.

(5) The increased benefits provided for in this section shall be funded by employer contributions.

(6) This section applies only to a member who establishes membership in the Public Employees Retirement System before July 14, 1995, as described in ORS 238.364 (Calculation of increased benefit payable under ORS 238.362) (9), and whose effective date of retirement or date of death is on or after January 1, 1991. The increased benefits provided by this section do not apply to any creditable service or prior service credit acquired by a member under the terms of a contract of integration entered into pursuant to ORS 238.035 (Membership of part but not all employees of a public employer) , 238.680 (Integration of other retirement systems) or 238.690 (Integration of retirement plan of mass transit district) on or after October 1, 1991.

(7) If a member is entitled to receive an increased benefit under the provisions of this section, and any portion of the member’s retirement allowance or other benefit payable under the system is payable to an alternate payee under the provisions of ORS 238.465 (Benefits payable to others under certain judgments) , the increased benefits payable under this section shall be divided between the member and the alternate payee in proportion to the share of the total benefit received by each person. If an alternate payee elects to begin receiving benefits under ORS 238.465 (Benefits payable to others under certain judgments) (1) before the member’s effective date of retirement, the alternate payee may not begin receiving the increased benefit provided for in this section until benefits are first paid from the system on behalf of the member. [Formerly 238.385]

Source: Section 238.366 — Retirement allowance increase based on years of service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 238.450 — OR Code / Title 22 / Chapter 238 / Section 238.450
238.450 Computation of retirement allowance or benefit
Status: in_force

(1) Upon receiving an application for a retirement allowance or benefit from a member of the Public Employees Retirement System and obtaining information necessary for computation of the retirement allowance or benefit to which the member is entitled upon retirement, the system shall provide to the member a written computation of the retirement allowance or benefit to which the member is entitled upon retirement and summary of the information used in making that computation.

(2) A member of the system may dispute the accuracy of the information used by the system in making the computation only by filing a written notice of dispute with the system not later than whichever of the following days occurs last:

(a) The 240th day after the date on which the computation and information summary is provided to the member pursuant to subsection (1) of this section.

(b) The 240th day after the date on which the retirement allowance or benefit to which the member is entitled first becomes payable.

(3) The filing of a notice of dispute under subsection (2) of this section extends the time allowed for election of an optional form of retirement allowance or benefit until the 30th day after the conclusion of the proceeding and any judicial review thereof if the proceeding or review results in a change in the computation of the retirement allowance or benefit.

(4) Upon receiving a notice of dispute under subsection (2) of this section, the system shall determine the accuracy of the disputed information and make a written decision either affirming the accuracy of the information and computation based thereon or changing the computation using corrected information. The system shall provide to the member a copy of the decision and a written explanation of any applicable statutes and rules. The member is entitled to judicial review of the decision as provided in ORS 183.484 (Jurisdiction for review of orders other than contested cases) and rules of the Public Employees Retirement Board consistent with applicable statutes.

(5) After the last date for filing a written notice of dispute under subsection (2) of this section, a participating public employer may not modify information that is provided to the system and that relates to a member’s creditable service, retirement credit, salary, employee contributions or accumulated unused sick leave, unless specifically required by one of the following circumstances:

(a) To comply with a judgment, administrative order, arbitration award, conciliation agreement, settlement agreement or other legal agreement entered into after the last date for filing a written notice of dispute under subsection (2) of this section;

(b) To comply with ORS 238.156 (Contributions, benefits and retirement credit for periods of service in uniformed services or Armed Forces) or 238A.150 (Retirement credit for service in uniformed services) ; or

(c) To make a correction or modification as a result of a dispute under subsection (2) of this section.

(6) This section does not affect any authority of the system, on its own initiative, to correct an incorrect computation of any retirement allowance or benefit. [Formerly 237.210; 2007 c.53 §1; 2023 c.404 §15]

Source: Section 238.450 — Computation of retirement allowance or benefit; notice of dispute; prohibition on modification of data , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 243.930 — OR Code / Title 22 / Chapter 243 / Section 243.930
243.930 Board contributions
Status: in_force

(1) If an employee assisted under ORS 243.920 (Assisting employees to obtain supplemental benefits) (1) has made contributions to the Public Employees Retirement Fund during each of five calendar years, the board shall contribute an amount toward the purchase of the supplemental retirement benefits equal to the contributions toward the purchase made by the employee on annual salary in excess of $4,800. The amounts of those contributions by the board shall be paid promptly by the board to the life insurance or annuity company in accordance with the terms of the applicable contract.

(2) If an employee assisted under ORS 243.920 (Assisting employees to obtain supplemental benefits) (1) has not made contributions to the Public Employees Retirement Fund during each of five calendar years, the board shall contribute an amount toward the purchase of the supplemental retirement benefits equal to that which it would contribute for current service under the Public Employees Retirement System with respect to the annual salary in excess of $4,800 of the employee if the employee contributed under the system on that part of the salary.

(3) The amounts of contributions by the board under subsection (2) of this section, at intervals designated by the Public Employees Retirement Board, shall be paid into the Public Employees Retirement Fund. The Public Employees Retirement Board shall keep a separate account for those amounts and prorated earnings thereof, and for investment purposes the moneys in the separate account shall be commingled with those of the Public Employees Retirement Fund and shall be invested in the same manner as moneys of the Public Employees Retirement Fund are invested.

(4) When an employee, with respect to whose annual salary in excess of $4,800 the board has contributed under subsection (2) of this section, has made contributions to the Public Employees Retirement Fund during each of five calendar years, an amount equal to the contributions made under ORS 243.920 (Assisting employees to obtain supplemental benefits) (2) shall be paid promptly to the life insurance or annuity company out of the separate account referred to in subsection (3) of this section for the purchase of additional supplemental retirement benefits for the employee. If the moneys in the separate account are not sufficient for that purpose, the amount of the deficiency shall be paid promptly by the board to the life insurance or annuity company for that purchase.

(5) If an employee is separated from the service of the board before the employee has made contributions to the Public Employees Retirement Fund during each of five calendar years, the amounts of contributions by the board paid into the Public Employees Retirement Fund under subsection (3) of this section and prorated earnings thereof shall remain in the separate account referred to in subsection (3) of this section, and the employee is not entitled to any part thereof or any benefit derived therefrom.

(6) Amounts that remain in a separate account after an employee is separated from the service of the board, as described in subsection (5) of this section, may be transferred from the account referred to in subsection (3) of this section and credited to the board in the Public Employees Retirement Fund, to be used to offset liabilities for employer contributions under ORS 238.225 (Employer contributions) . [1965 c.297 §2(3),(4); 1969 c.626 §2; 2003 c.733 §71; 2005 c.755 §5; 2013 c.173 §1]

Source: Section 243.930 — Board contributions; investment; purchase of benefits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 238.750 — OR Code / Title 22 / Chapter 238 / Section 238.750
238.750 Short title
Status: in_force

This chapter and ORS chapter 238A shall be known as the Public Employes’ Retirement Act of 1953. [Formerly 237.001; 2003 c.733 §67]

Source: Section 238.750 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 242.822 — OR Code / Title 22 / Chapter 242 / Section 242.822
242.822 Prohibited conduct generally
Status: in_force

No person shall:

(1) Alone or in cooperation with one or more persons defeat, deceive or obstruct any person in respect to the right of that person of examination or registration according to the regulations prescribed by the commission under ORS 242.702 (Definitions for ORS 242.702 to 242.824) to 242.824 (Contribution to political or religious funds or performance of political service) .

(2) Falsely mark, grade, estimate or report upon the examination or proper standing of any person examined, registered or certified pursuant to ORS 242.702 (Definitions for ORS 242.702 to 242.824) to 242.824 (Contribution to political or religious funds or performance of political service) , or aid in so doing, or make any false representation concerning the same or concerning the person examined.

(3) Furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any person so examined, registered or certified or to be examined, registered or certified.

(4) Impersonate any other person or permit or aid in any manner any other person to impersonate the individual in connection with any examination or registration or application or request to be examined or registered. [1959 c.252 §41]

Source: Section 242.822 — Prohibited conduct generally , https://www.­oregonlegislature.­gov/bills_laws/ors/ors242.­html (accessed May 26, 2025).
ORS § 242.640 — OR Code / Title 22 / Chapter 242 / Section 242.640
242.640 Prohibited conduct
Status: in_force

No person shall:

(1) Willfully or corruptly or in cooperation with one or more persons, defeat, deceive or obstruct any person with respect to the right of the individual to assessment or registration according to the regulations prescribed by the civil service board pursuant to the Custodians’ Civil Service Law.

(2) Willfully or corruptly make any false representations with respect to the proper standing of any person assessed, registered or certified according to any regulation prescribed pursuant to the Custodians’ Civil Service Law, or aid in so doing.

(3) Willfully or corruptly make any false representations concerning the assessment, certification and registration or concerning the persons assessed, registered or certified.

(4) Willfully or corruptly furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any person so assessed, registered or certified, or to be assessed, registered or certified.

(5) Permit any other person or permit or aid in any other manner, any other person to impersonate the individual in connection with any assessment, registration or application, or request to be assessed or registered.

(6) Make an appointment to any position contrary to the Custodians’ Civil Service Law, or refuse or neglect to comply therewith. [Amended by 2023 c.437 §16]

Source: Section 242.640 — Prohibited conduct , https://www.­oregonlegislature.­gov/bills_laws/ors/ors242.­html (accessed May 26, 2025).
ORS § 238.005 — OR Code / Title 22 / Chapter 238 / Section 238.005
238.005 Definitions
Status: in_force

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 (Membership generally) .

(2) “Annuity” means payments for life derived from contributions made by a member as provided in this chapter.

(3) “Board” means the Public Employees Retirement Board.

(4) “Calendar year” means 12 calendar months commencing on January 1 and ending on December 31 following.

(5) “Continuous service” means service not interrupted for more than five years, except that such continuous service shall be computed without regard to interruptions in the case of:

(a) An employee who had returned to the service of the employer as of January 1, 1945, and who remained in that employment until having established membership in the Public Employees Retirement System.

(b) An employee who was in the armed services on January 1, 1945, and returned to the service of the employer within one year of the date of being otherwise than dishonorably discharged and remained in that employment until having established membership in the Public Employees Retirement System.

(6) “Creditable service” means any period of time during which an active member is being paid a salary by a participating public employer and for which benefits under this chapter are funded by employer contributions and earnings on the fund. For purposes of computing years of “creditable service,” full months and major fractions of a month shall be considered to be one-twelfth of a year and shall be added to all full years. “Creditable service” includes all retirement credit received by a member.

(7) “Earliest service retirement age” means the age attained by a member when the member could first make application for retirement under the provisions of ORS 238.280 (Eligibility for retirement) .

(8) “Employee” means a person who performs services for a participating public employer, including persons considered employees of a participating public employer under 26 U.S.C. 3121(d)(2), as in effect on December 31, 2019, and public officers. “Employee” does not include:

(a) Persons engaged as independent contractors.

(b) Seasonal, emergency or casual workers whose periods of employment with any public employer or public employers do not total 600 hours in any calendar year.

(c) Persons provided sheltered employment or made-work by a public employer in an employment or industries program maintained for the benefit of such persons.

(d) Persons employed and paid from federal funds received under a federal program intended primarily to alleviate unemployment. However, any such person shall be considered an “employee” if not otherwise excluded by paragraphs (a) to (c) of this subsection and the public employer elects to have the person so considered by an irrevocable written notice to the board.

(e) Persons who are employees of a railroad, as defined in ORS 824.020 (Definitions for ORS 824.020 to 824.042) , and who, as such employees, are included in a retirement plan under federal railroad retirement statutes. This paragraph shall be deemed to have been in effect since the inception of the system.

(f) Persons employed in positions classified as post-doctoral scholar positions by a public university listed in ORS 352.002 (Public universities) , or by the Oregon Health and Science University, under ORS 350.370 (Requirements for classification as post-doctoral scholar position) .

(9) “Final average salary” means whichever of the following is greater:

(a) The average salary per calendar year paid by one or more participating public employers to an employee who is an active member of the system in three of the calendar years of membership before the effective date of retirement of the employee, in which three years the employee was paid the highest salary. The three calendar years in which the employee was paid the largest total salary may include calendar years in which the employee was employed for less than a full calendar year. If the number of calendar years of active membership before the effective date of retirement of the employee is three or fewer, the final average salary for the employee is the average salary per calendar year paid by one or more participating public employers to the employee in all of those years, without regard to whether the employee was employed for the full calendar year.

(b) One-third of the total salary paid by a participating public employer to an employee who is an active member of the system in the last 36 calendar months of active membership before the effective date of retirement of the employee.

(10) “Firefighter” does not include a volunteer firefighter, but does include:

(a) The State Fire Marshal, the chief deputy fire marshal and deputy state fire marshals;

(b) An employee of the State Fire Marshal whose primary duties include fire investigation, fire prevention, fire safety, fire control or fire suppression;

(c) An employee of the State Forestry Department who is certified by the State Forester as a professional wildland firefighter and whose primary duties include the abatement of uncontrolled fires as described in ORS 477.064 (Uncontrolled fire declared nuisance) ; and

(d) An employee of the Oregon Military Department whose primary duties include fighting structural, aircraft, wildland or other fires.

(11) “Fiscal year” means 12 calendar months commencing on July 1 and ending on June 30 following.

(12) “Fund” means the Public Employees Retirement Fund.

(13) “Inactive member” means a member who is not employed in a qualifying position, whose membership has not been terminated in the manner described by ORS 238.095 (Termination of membership) and who is not retired for service or disability.

(14) “Institution of higher education” means a public university listed in ORS 352.002 (Public universities) , the Oregon Health and Science University and a community college, as defined in ORS 341.005 (Definitions) .

(15) “Member” means a person who has established membership in the system and whose membership has not been terminated as described in ORS 238.095 (Termination of membership) . “Member” includes active, inactive and retired members.

(16) “Member account” means the regular account and the variable account.

(17) “Normal retirement age” means:

(a) For a person who establishes membership in the system before January 1, 1996, as described in ORS 238.430 (Limitation on benefits payable to persons establishing membership on or after January 1, 1996) , 55 years of age if the employee retires at that age as a police officer or firefighter or 58 years of age if the employee retires at that age as other than a police officer or firefighter.

(b) For a person who establishes membership in the system on or after January 1, 1996, as described in ORS 238.430 (Limitation on benefits payable to persons establishing membership on or after January 1, 1996) , 55 years of age if the employee retires at that age as a police officer or firefighter or 60 years of age if the employee retires at that age as other than a police officer or firefighter.

(18) “Pension” means annual payments for life derived from contributions by one or more public employers.

(19) “Police officer” includes:

(a) Employees of institutions defined in ORS 421.005 (Definitions) as Department of Corrections institutions whose duties, as assigned by the Director of the Department of Corrections, include the custody of persons committed to the custody of or transferred to the Department of Corrections and employees of the Department of Corrections who were classified as police officers on or before July 27, 1989, whether or not such classification was authorized by law.

(b) Employees of the Department of State Police who are classified as police officers by the Superintendent of State Police.

(c) Employees of the Oregon Liquor and Cannabis Commission who are classified as regulatory specialists by the administrator of the commission.

(d) Sheriffs and those deputy sheriffs or other employees of a sheriff whose duties, as classified by the sheriff, are the regular duties of police officers or corrections officers.

(e) Police chiefs and police personnel of a city who are classified as police officers by the council or other governing body of the city.

(f) Police officers who are commissioned by a university under ORS 352.121 (University police departments and officers) or 353.125 (Creation of police department and commission of police officers) and who are classified as police officers by the university.

(g) Parole and probation officers employed by the Department of Corrections, parole and probation officers who are transferred to county employment under ORS 423.549 (State positions in community corrections branch) and adult parole and probation officers, as defined in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689) , who are classified as police officers for the purposes of this chapter by the county governing body. If a county classifies adult parole and probation officers as police officers for the purposes of this chapter, and the employees so classified are represented by a labor organization, any proposal by the county to change that classification or to cease to classify adult parole and probation officers as police officers for the purposes of this chapter is a mandatory subject of bargaining.

(h) Police officers appointed under ORS 276.021 (State building police officers) or 276.023 (State Capitol police officers) .

(i) Employees of the Port of Portland who are classified as airport police by the Board of Commissioners of the Port of Portland.

(j) Employees of the State Department of Agriculture who are classified as livestock police officers by the Director of Agriculture.

(k) Employees of the Department of Public Safety Standards and Training who are classified by the department as other than secretarial or clerical personnel.

(L) Investigators of the Criminal Justice Division of the Department of Justice.

(m) Corrections officers as defined in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689) .

(n) Employees of the Oregon State Lottery Commission who are classified by the Director of the Oregon State Lottery as enforcement agents pursuant to ORS 461.110 (Criminal identification information available to lottery) .

(o) The Director of the Department of Corrections.

(p) An employee who for seven consecutive years has been classified as a police officer as defined by this section, and who is employed or transferred by the Department of Corrections to fill a position designated by the Director of the Department of Corrections as being eligible for police officer status.

(q) An employee of the Department of Corrections classified as a police officer on or prior to July 27, 1989, whether or not that classification was authorized by law, as long as the employee remains in the position held on July 27, 1989. The initial classification of an employee under a system implemented pursuant to ORS 240.190 (Policy on comparability of value of work and compensation and classification) does not affect police officer status.

(r) Employees of a school district who are appointed and duly sworn members of a law enforcement agency of the district as provided in ORS 332.531 (Law enforcement agency) or otherwise employed full-time as police officers commissioned by the district.

(s) Employees at youth correction facilities and juvenile detention facilities under ORS 419A.050 (Authority to acquire, equip and maintain detention and shelter facilities) , 419A.052 (Specifications of facilities) and 420.005 (Definitions) to 420.915 (Procedure upon apprehension of escapee, absentee or parole violator) who are required to hold valid Oregon teaching licenses and who have supervisory, control or teaching responsibilities over juveniles committed to the custody of the Department of Corrections or the Oregon Youth Authority.

(t) Employees at youth correction facilities as defined in ORS 420.005 (Definitions) whose primary job description involves the custody, control, treatment, investigation or supervision of juveniles placed in such facilities.

(u) Employees of the Oregon Youth Authority who are classified as juvenile parole and probation officers.

(v) Employees of the Department of Human Services who are prohibited from striking under ORS 243.726 (Public employee strikes) and whose duties include the care of residents of residential facilities, as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455) , that house individuals with intellectual or developmental disabilities.

(w) Employees appointed as judicial marshals under ORS 1.177 (State plan for security, emergency preparedness and business continuity for court facilities) who are certified under ORS 181A.540 (Certification of judicial marshals) .

(x) Certified parole and probation officers employed by the State Board of Parole and Post-Prison Supervision.

(y) Deputy district attorneys.

(20) “Prior service credit” means credit provided under ORS 238.442 (Prior service credit) or under ORS 238.225 (Employer contributions) (2) to (6) (1999 Edition).

(21) “Public employer” means the state, one of its agencies or any city, county, municipal or public corporation, political subdivision of the state or instrumentality thereof, or an agency created by one or more such governmental organizations to provide governmental services. For purposes of this chapter, such agency created by one or more governmental organizations is a governmental instrumentality and a legal entity with power to enter into contracts, hold property and sue and be sued.

(22) “Qualifying position” means one or more jobs with one or more participating public employers in which an employee performs 600 or more hours of service in a full calendar year, or would perform 600 or more hours of service if the employee were employed for the full calendar year, excluding any service in a job for which a participating public employer does not provide benefits under this chapter pursuant to an application made under ORS 238.035 (Membership of part but not all employees of a public employer) .

(23) “Regular account” means the account established for each active and inactive member under ORS 238.250 (Regular accounts) .

(24) “Retired member” means a member who is retired for service or disability.

(25) “Retirement credit” means a period of time that is treated as creditable service for the purposes of this chapter.

(26) Intentionally left blank —Ed.

(a) “Salary” means the remuneration paid an employee in cash out of the funds of a public employer in return for services to the employer, plus the monetary value, as determined by the Public Employees Retirement Board, of whatever living quarters, board, lodging, fuel, laundry and other advantages the employer furnishes the employee in return for services.

(b) “Salary” includes but is not limited to:

(A) Payments of employee and employer money into a deferred compensation plan, which are deemed salary paid in each month of deferral;

(B) The amount of participation in a tax-sheltered or deferred annuity, which is deemed salary paid in each month of participation;

(C) Retroactive payments described in ORS 238.008 (Computation of salary) ;

(D) Wages of a deceased member paid to a surviving spouse or dependent children under ORS 652.190 (Payment of wages to surviving spouse or dependent children) ; and

(E) The full amount of required employee contributions under ORS 238A.330 (Employee contributions) that are paid by the employer on behalf of its employees under ORS 238A.335 (Employer payment of employee contribution) (2)(b), solely for the purpose of computing a member’s final average salary, and not for any other purpose.

(c) “Salary” or “other advantages” does not include:

(A) Travel or any other expenses incidental to employer’s business which is reimbursed by the employer;

(B) Payments for insurance coverage by an employer on behalf of employee or employee and dependents, for which the employee has no cash option;

(C) Payments made on account of an employee’s death;

(D) Any lump sum payment for accumulated unused sick leave;

(E) Any accelerated payment of an employment contract for a future period or an advance against future wages;

(F) Any retirement incentive, retirement severance pay, retirement bonus or retirement gratuitous payment;

(G) Payments for periods of leave of absence after the date the employer and employee have agreed that no future services qualifying pursuant to ORS 238.015 (Membership generally) (3) will be performed, except for sick leave and vacation;

(H) Payments for instructional services rendered to public universities listed in ORS 352.002 (Public universities) or the Oregon Health and Science University when such services are in excess of full-time employment subject to this chapter. A person employed under a contract for less than 12 months is subject to this subparagraph only for the months to which the contract pertains;

(I) Payments made by an employer for insurance coverage provided to a domestic partner of an employee;

(J) Compensation described and authorized under ORS 341.556 (Sources of compensation for faculty members) that is not paid by the community college employing the faculty member;

(K) Compensation described and authorized under ORS 352.232 (Sources of compensation for officers and employees) that is not paid by the public university employing the officer or employee;

(L) Compensation described and authorized under ORS 353.270 (Compensation of officers and employees) that is not paid by Oregon Health and Science University; or

(M) For years beginning on or after January 1, 2020, any amount in excess of $195,000 for a calendar year. If any period over which salary is determined is less than 12 months, the $195,000 limitation for that period shall be multiplied by a fraction, the numerator of which is the number of months in the determination period and the denominator of which is 12. On January 1 of each year, the board shall adjust the dollar limit provided by this subparagraph to reflect any percentage changes in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor.

(27) “School year” means the period beginning July 1 and ending June 30 next following.

(28) “System” means the Public Employees Retirement System.

(29) “Variable account” means the account established for a member who participates in the Variable Annuity Account under ORS 238.260 (Variable Annuity Account) .

(30) “Vested” means being an active member of the system in each of five calendar years.

(31) “Volunteer firefighter” means a firefighter whose position normally requires less than 600 hours of service per year. [Formerly 237.003; 1997 c.249 §64; 1997 c.853 §36; 1999 c.317 §24; 1999 c.407 §3; 1999 c.971 §1; 2001 c.295 §9; 2001 c.874 §1; 2001 c.945 §29a; 2001 c.968 §1; 2003 c.14 §112; 2003 c.67 §16; 2003 c.625 §20; 2005 c.152 §5; 2005 c.332 §1; 2009 c.762 §47; 2010 c.1 §8; 2011 c.9 §22; 2011 c.506 §32; 2011 c.637 §72; 2012 c.54 §30; 2013 c.180 §35a; 2013 c.768 §109; 2014 c.107 §§2,3; 2015 c.614 §159; 2015 c.822 §1; 2017 c.569 §2; 2018 c.54 §4; 2019 c.135 §1; 2019 c.355 §39; 2021 c.136 §1; 2021 c.173 §1; 2021 c.351 §16; 2021 c.461 §1; 2023 c.219 §1; 2023 c.396 §1; 2023 c.404 §4]

Source: Section 238.005 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 238.078 — OR Code / Title 22 / Chapter 238 / Section 238.078
238.078 Reemployment of retired members
Status: in_force

(1) Intentionally left blank —Ed.

(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 contributions, and the employer shall make contributions on behalf of the person as provided in ORS 238.225 (Employer contributions) . Except as provided in paragraph (c) of this subsection, payments of retirement allowance and other benefits received by the person, including lump sum or installment payments received by the person under ORS 238.305 (Optional service retirement allowance calculations) (2) or (3), shall not be repaid into the retirement fund after the person reenters public employment. Upon reemployment under this subsection, the board shall cease making payments of retirement allowance and other benefits to the person, including installment payments to the person under ORS 238.305 (Optional service retirement allowance calculations) (4). The board shall reestablish the member account of the person and reduce the account by all payments of retirement allowance and other benefits, including installment payments, that were previously received by the person and that were derived from the member account. Amounts that were credited to the reserve established by the board for the payment of the person’s benefits that were not derived from the member account shall be credited pro rata to the funds from which the amounts were derived.

(c) Upon reemployment under this subsection, the former retirement of the reemployed person and any election of option for payment of retirement benefits made by the person shall be canceled. When the person again retires the person may elect any option for payment of retirement benefits authorized by this chapter, except that a person who elected to receive a service retirement benefit pursuant to ORS 238.305 (Optional service retirement allowance calculations) (2) or (3) at the time of former retirement may not elect any other option at the time of subsequent retirement unless an amount equal to the lump sum and the interest that would have accumulated on the sum has been repaid by the employee to the fund. Upon such subsequent retirement any prior service pension due the employee shall be derived from the unused portion of the prior service credit reserve and shall be calculated on the basis of then attained age.

(2) A member who has been retired for service for less than six consecutive calendar months may be reemployed by a participating public employer only upon immediate repayment in a lump sum by the member of the amount of retirement benefits drawn. The member account of the member shall be reestablished just as it was at the time of former retirement after the lump sum repayment is made.

(3) If a member of the system who retired before August 21, 1981, is reemployed, as provided in subsection (1) or (2) of this section, beginning on or after August 21, 1981, the service retirement allowance received upon subsequent retirement by the member shall be:

(a) For service before August 21, 1981, an allowance including a current service pension computed on the basis of ORS 237.147 (2) (1979 Replacement Part).

(b) For service on or after August 21, 1981, an allowance including a current service pension computed on the basis of ORS 238.300 (Service retirement allowance) (2).

(4) A person may be reemployed by a public employer that is not participating in the system, or may be employed by a participating public employer in a position that is in a class of employees that was not designated by the public employer under ORS 238.035 (Membership of part but not all employees of a public employer) as a class of employees that become members of the system, without affecting the person’s status as a retired member or the person’s continued receipt of retirement benefits.

(5) Subsection (4) of this section does not apply to any member who retires under the provisions of ORS 238.280 (Eligibility for retirement) (1), (2) or (3). [Formerly 237.125; 2001 c.945 §10; 2003 c.625 §33a; 2005 c.808 §39; 2007 c.404 §3; 2009 c.390 §6]

Source: Section 238.078 — Reemployment of retired members , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 238a.230 — OR Code / Title 22 / Chapter 238a / Section 238a.230
238A.230 Death benefit
Status: in_force

(1) If a member of the pension program who is vested dies before the member’s effective date of retirement, the Public Employees Retirement Board shall pay the death benefit provided for in this section to:

(a) The spouse of the member to the extent not provided to a former spouse in accordance with a judgment or order under ORS 238.465 (Benefits payable to others under certain judgments) ;

(b) The former spouse of the member as provided in a judgment or order under ORS 238.465 (Benefits payable to others under certain judgments) ; or

(c) Any other person who is constitutionally required to be treated in the same manner as a spouse for the purpose of retirement benefits.

(2) The death benefit to be paid under this subsection is for the life of the member’s spouse, former spouse or other person who is constitutionally required to be treated in the same manner as a spouse, and is:

(a) If the member dies before the earliest retirement date for the member under ORS 238A.165 (Earliest retirement age) , the actuarial equivalent of 50 percent of the pension that would otherwise have been paid to the deceased member, which shall be calculated as if the member became an inactive member on the date of death and retired at the earliest retirement date for the member as described in ORS 238A.165 (Earliest retirement age) ;

(b) If the member dies on or after the earliest retirement date for the member under ORS 238A.165 (Earliest retirement age) and before normal retirement age under ORS 238A.160 (Normal retirement age) , the actuarial equivalent of the pension that would otherwise have been paid to the deceased member, which shall be calculated as if the member retired under ORS 238A.185 (Early retirement) and as if the member’s retirement date was the first of the month following the date of death of the member; or

(c) If the member dies on or after reaching normal retirement age as described in ORS 238A.160 (Normal retirement age) , the actuarial equivalent of the pension that would otherwise have been paid to the deceased member, which shall be calculated under ORS 238A.125 (Amount of pension) as if the member’s retirement date was the first of the month following the date of death of the member.

(3) The death benefit provided under this section is first effective on the first day of the month following the date of death of the member.

(4) The surviving spouse or other person who is constitutionally required to be treated in the same manner as a spouse for the purpose of retirement benefits may elect to delay payment of the death benefit, which shall be actuarially adjusted for age and interest when payments commence, but payment must commence no later than December 31 of the calendar year in which the member would have reached 72 years of age. If a person who delays payment under this subsection dies before payments commence:

(a) The person’s beneficiary shall receive, in a lump sum, the sum of the payments the person would have received had the person not elected to delay payment of the death benefit.

(b) If the person who delays payment under this subsection has not designated a beneficiary, the person’s benefit shall be paid to a personal representative appointed for the person’s estate.

(5) Notwithstanding any other provision of ORS 238A.100 (Establishing membership under pension program) to 238A.250 (Option of legislators to receive certain benefits) , distributions of death benefits under the pension program must comply with the minimum distribution requirements of 26 U.S.C. 401(a)(9) and the regulations implementing that section, as in effect on January 1, 2023. The board shall adopt rules implementing those minimum distribution requirements. [2003 c.733 §25; 2005 c.332 §15; 2009 c.5 §5; 2009 c.909 §5; 2010 c.82 §5; 2011 c.7 §5; 2012 c.31 §5; 2013 c.377 §5; 2014 c.52 §5; 2015 c.442 §5; 2015 c.506 §1; 2016 c.33 §6; 2017 c.527 §6; 2018 c.101 §6; 2019 c.319 §6; 2021 c.135 §11; 2021 c.456 §7; 2022 c.83 §7; 2023 c.171 §7; 2023 c.404 §11]

Source: Section 238A.230 — Death benefit; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238A.­html (accessed May 26, 2025).
ORS § 240.610 — OR Code / Title 22 / Chapter 240 / Section 240.610
240.610 Mediation service fee
Status: in_force

(1) Notwithstanding ORS 662.435 (Services for state agencies and political subdivisions) , when the Employment Relations Board assigns a mediator under ORS 243.712 (Mediation upon failure to agree after 150-day period) or 662.425 (Mediation services) to resolve a labor dispute or labor controversy between a local public employer and the exclusive representative of the public employees of that employer, the board may charge a fee for the mediation services provided by the board. The local public employer and the exclusive representative shall each pay one-half of the amount of the fee to the board.

(2) Notwithstanding any other law, the fee charged by the board under this section may not exceed:

(a) $1,000 for the first two mediation sessions;

(b) $625 for the third mediation session;

(c) $625 for the fourth mediation session; and

(d) $1,000 for each additional mediation session.

(3) Notwithstanding any other law, in addition to fees for mediation services, the board may establish fees for providing labor relations and negotiation training. The fees are not subject to the provisions of subsection (2) of this section.

(4) Fees received by the board under this section shall be deposited to the credit of the Employment Relations Board Administrative Account.

(5) As used in this section:

(a) “Exclusive representative” and “labor dispute” have the meanings given those terms in ORS 243.650 (Definitions for ORS 243.650 to 243.809) .

(b) “Local public employer” means any political subdivision in this state, including a city, county, community college, school district, special district and a public and quasi-public corporation. [1993 c.711 §2; 1995 c.79 §84; 1995 c.448 §1; 2007 c.296 §7; 2011 c.593 §1; 2017 c.383 §1]

Source: Section 240.610 — Mediation service fee; labor relations and negotiation training fee; amount; payment; disposition of fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors240.­html (accessed May 26, 2025).
ORS § 242.722 — OR Code / Title 22 / Chapter 242 / Section 242.722
242.722 Preservation of records and examinations
Status: in_force

(1) The commission shall keep on file all examination papers and their markings, records in commission hearings and all other papers, documents and communications received by it. Except for examination papers all such reports and files of the commission shall be public records and accessible at reasonable and convenient times. Examination papers shall be accessible only to the commissioners and members of the governing body; provided, that a person who takes an examination under the provisions of ORS 242.702 (Definitions for ORS 242.702 to 242.824) to 242.824 (Contribution to political or religious funds or performance of political service) shall have access to the examination papers of the person.

(2) The commission shall retain and may destroy the public records described in subsection (1) of this section as follows:

(a) Original examination papers and their markings and original records in commission hearings shall be retained for at least four years and thereafter may be destroyed if microfilmed copies are retained.

(b) Original or microfilmed copies of all other papers, documents and communications shall be retained for at least four years and thereafter may be destroyed. [1959 c.252 §13]

Source: Section 242.722 — Preservation of records and examinations; public records , https://www.­oregonlegislature.­gov/bills_laws/ors/ors242.­html (accessed May 26, 2025).
ORS § 244.255 — OR Code / Title 22 / Chapter 244 / Section 244.255
244.255 Commission funding
Status: in_force

(1) The Oregon Government Ethics Commission shall estimate in advance the expenses that it will incur during a biennium in carrying out the provisions of ORS 171.725 (Definitions for ORS 171.725 to 171.785) to 171.785 (Sanctions prescribed by either chamber of Legislative Assembly) , 171.992 (Civil penalty for violation of lobby regulation) and 192.610 (Definitions for ORS 192.610 to 192.705) to 192.705 (Filing written grievance) and this chapter. The commission shall also determine what percentage of the expenses should be borne by the following two groups of public bodies:

(a) Public bodies in state government; and

(b) Local governments, local service districts and special government bodies that are subject to the Municipal Audit Law.

(2) The commission shall charge each public body for the public body’s share of the expenses described in subsection (1) of this section for the biennium. The amount to be charged each public body shall be determined as follows:

(a) The commission shall determine the rate to be charged public bodies in state government. The same rate shall be applied to each public body described in this paragraph. To determine the amount of the charge for each public body, the commission shall multiply the rate determined under this paragraph by the number of public officials serving the public body.

(b) The commission shall set the charge for local governments, local service districts and special government bodies that are subject to the Municipal Audit Law so that each local government, local service district or special government body described in this paragraph pays an amount of the total expenses for the group that bears the same proportion to the total expenses that the amount charged to the local government, local service district or special government body for the municipal audit fee under ORS 297.485 (Filing fees) bears to the total amount assessed for the municipal audit fee.

(3) Each public body shall pay to the credit of the commission the charge described in this section as an administrative expense from funds or appropriations available to the public body in the same manner as other claims against the public body are paid.

(4) All moneys received by the commission under this section shall be credited to the Oregon Government Ethics Commission Account established under ORS 244.345 (Oregon Government Ethics Commission Account) .

(5) The commission shall adopt rules specifying the methods for calculating and collecting the rates and charges described in this section.

(6) As used in this section:

(a) “Local government” and “local service district” have the meanings given those terms in ORS 174.116 (“Local government” and “local service district” defined) .

(b) “Public body” has the meaning given that term in ORS 174.109 (“Public body” defined) .

(c) “Public official,” notwithstanding ORS 244.020 (Definitions) (15), means any person who, on the date the commission charges the public body under this section, is serving the public body as an officer or employee.

(d) “Special government body” has the meaning given that term in ORS 174.117 (“Special government body” defined) .

(e) “State government” has the meaning given that term in ORS 174.111 (“State government” defined) . [2007 c.877 §2; 2009 c.68 §11; 2015 c.620 §7; 2023 c.417 §9]

Source: Section 244.255 — Commission funding; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors244.­html (accessed May 26, 2025).
ORS § 241.125 — OR Code / Title 22 / Chapter 241 / Section 241.125
241.125 Compelling attendance of witnesses and production of documents
Status: in_force

(1) In the course of an investigation, the commission, or designated commissioner, may administer oaths, subpoena and require the attendance of witnesses and the production by them of books, papers, documents and accounts appertaining to the investigation. Attendance of witnesses, either with or without books, papers, documents or accounts may not be compelled, unless such witnesses are personally served with subpoena within the county wherein the commission has jurisdiction.

(2) The circuit court in the county may compel the attendance of witnesses, the giving of testimony, and the production of books, papers, accounts and documents, as required by any subpoena duly issued by the commission, or designated commissioner, under this section, and may punish the disobedience of such witnesses as a contempt.

Source: Section 241.125 — Compelling attendance of witnesses and production of documents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors241.­html (accessed May 26, 2025).
ORS § 238a.140 — OR Code / Title 22 / Chapter 238a / Section 238a.140
238A.140 Accrual of retirement credit
Status: in_force

(1) An active member of the pension program accrues one year of retirement credit for each complete year of service and one-twelfth of a year of retirement credit for each full month and each major fraction of a month of service.

(2) An active member who is a school employee shall be credited with at least six months of retirement credit if the member performs service for a major fraction of each month of a school year that falls between January 1 and June 30, and at least six months of retirement credit if the member performs service for a major fraction of each month of a school year that falls between July 1 and December 31.

(3) When an eligible employee becomes a member under ORS 238A.100 (Establishing membership under pension program) , the board shall credit the eligible employee with retirement credit for the period of employment required of the employee under ORS 238A.100 (Establishing membership under pension program) .

(4) A member may not accrue more than one full year of retirement credit in any calendar year.

(5) For purposes of this section, “school employee” means:

(a) A person who is employed by a common school district, a union high school district or an education service district;

(b) An employee of an institution of higher education who is engaged in teaching or other school activity; and

(c) An employee of the Department of Human Services, the Oregon Youth Authority, the Department of Corrections or the State Board of Education who is engaged in teaching or other school activity at an institution supervised by the authority, board or department. [2003 c.733 §11; 2005 c.332 §§4,21; 2007 c.769 §8; 2011 c.637 §75a]

Note: Section 11a, chapter 733, Oregon Laws 2003, provides:

Sec. 11a. Notwithstanding section 11 (2) of this 2003 Act [ 238A.140 (Accrual of retirement credit) (3)], if an eligible employee is employed by a participating public employer in a qualifying position on or after the effective date of this 2003 Act [August 29, 2003] and before January 1, 2004, and will not receive benefits under ORS chapter 238 for service with the participating public employer pursuant to the provisions of section 2 of this 2003 Act [ 238A.025 (Oregon Public Service Retirement Plan established) ], the Public Employees Retirement Board shall not credit the eligible employee with retirement credit for any period of employment required of the employee under section 5 of this 2003 Act [ 238A.100 (Establishing membership under pension program) ] that is performed before January 1, 2004. [2003 c.733 §11a]

Source: Section 238A.140 — Accrual of retirement credit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238A.­html (accessed May 26, 2025).
ORS § 243.855 — OR Code / Title 22 / Chapter 243 / Section 243.855
243.855 Reimbursement to public employer
Status: in_force

Public employees eligible for the benefits authorized by ORS 243.853 (“Public employee” defined) to 243.855 (Reimbursement to public employer) are obligated to reimburse the employer in full through monetary payment, with no interest charge, or through hours worked equivalent to the number of hours spent on athletic leave, or a combination of both. Full reimbursement shall be accomplished at a time not later than 10 years following the last day the employee received benefits under ORS 243.853 (“Public employee” defined) to 243.855 (Reimbursement to public employer) . [Formerly 243.335]

Note: See note under 243.853 (“Public employee” defined) .

Source: Section 243.855 — Reimbursement to public employer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 243.326 — OR Code / Title 22 / Chapter 243 / Section 243.326
243.326 State agencies to use information systems to track internal investigations of workplace discrimination and harassment
Status: in_force

(1) As used in this section and ORS 243.327 (Training program for personnel who conduct internal investigations of workplace discrimination and harassment) , “state agency” means an agency of the executive branch that is subject to the provisions of ORS chapter 240.

(2) Each state agency shall use an information system maintained by the Oregon Department of Administrative Services to track the internal investigations conducted by the state agency regarding allegations of workplace discrimination and harassment concerning employees of the state agency.

(3) At a minimum, the information system described in subsection (2) of this section must be capable of:

(a) Tracking, on a statewide basis, internal investigations conducted by state agencies regarding workplace discrimination and harassment concerning employees of state agencies; and

(b) Allowing state agencies to share with the department relevant information regarding the internal investigations conducted by the state agencies. [2023 c.160 §1]

Note: 243.326 (State agencies to use information systems to track internal investigations of workplace discrimination and harassment) and 243.327 (Training program for personnel who conduct internal investigations of workplace discrimination and harassment) were enacted into law by the Legislative Assembly but were 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.

Source: Section 243.326 — State agencies to use information systems to track internal investigations of workplace discrimination and harassment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 236.360 — OR Code / Title 22 / Chapter 236 / Section 236.360
236.360 Disciplinary actions
Status: in_force

(1) Employers of public safety officers shall adopt written procedures to implement the provisions of ORS 236.350 (Definitions for ORS 236.350 to 236.370) to 236.370 (ORS 236.350 to 236.370 not applicable to certain public safety officers) .

(2) Except as provided in subsection (3) of this section, the following safeguards apply when a public safety officer is under investigation concerning a matter that the officer reasonably believes may lead to economic sanctions or dismissal from employment and is subject to an interview by the officer’s employer:

(a) Unless the seriousness of an investigation requires otherwise, the interview must be conducted when the public safety officer is on duty or during the officer’s normal waking hours. If the interview is conducted when the public safety officer is off duty, the officer must be compensated appropriately.

(b) The public safety officer may have a representative of the officer’s choosing present at the interview.

(c) No more than two interviewers at a time may question the public safety officer.

(d) The interviewers shall inform the public safety officer of their authority to compel a statement and of the identity of the investigators and all persons present during the interview.

(e) The public safety officer is not required to answer questions until the officer has been informed of the nature of the investigation and of facts reasonably sufficient to inform the officer of the circumstances surrounding the allegations under investigation. This paragraph does not apply to preliminary questions directed at gaining a general overview of events in order to assess whether an inquiry is necessary and to effectively investigate and gather evidence.

(f) The interview may not last an unreasonable amount of time, taking into consideration the gravity and complexity of the matter under investigation.

(g) During the interview, the public safety officer must be allowed to attend to physical needs.

(h) Intentionally left blank —Ed.

(A) Except as provided in subparagraph (B) of this paragraph, the public safety officer being interviewed may not be threatened with punitive action or subjected to offensive language.

(B) In a compelled interview solely for noncriminal purposes, a public safety officer who refuses to respond to questions or to be interviewed must be informed that refusal may lead to disciplinary action.

(i) Intentionally left blank —Ed.

(A) The public safety officer may record the interview and must be given a copy of the tape or digital file of the interview and, upon request, a transcript of any recording that has been transcribed by the employer.

(B) The public safety officer must be given a copy of any written statement or report describing the officer’s statements.

(C) Materials required to be given to the public safety officer under this paragraph must be given before subsequent interviews in the course of the same investigation.

(j) As soon as it is determined that the public safety officer may be charged with a criminal offense, the officer must be informed of the officer’s right to consult with criminal defense counsel with respect to the criminal charge.

(k) In a disciplinary or administrative investigation, the public safety officer’s chosen representative may not be required to disclose, or be subject to disciplinary action for refusing to disclose, statements made by the officer to the representative for purposes of the representation.

(3) The safeguards provided in subsection (2) of this section do not apply to:

(a) The questioning of a public safety officer in the normal course of informal verbal admonishment by, or other routine or unplanned contact with, a supervisor or other public safety officer; or

(b) An investigation concerned solely with alleged criminal activities.

(4) Disciplinary action may not be taken against a public safety officer without just cause.

(5) An employer that intends to take disciplinary action against a public safety officer shall:

(a) Notify the officer in writing of the charges against the officer and the proposed disciplinary action; and

(b) Provide the officer with an opportunity to respond to the charges at an informal hearing which may be recorded, with the person or persons having authority to impose the proposed disciplinary action.

(6) Intentionally left blank —Ed.

(a) Except as provided in paragraphs (b) and (c) of this subsection, an employer shall complete its investigation into an allegation of misconduct by a public safety officer and provide notification under subsection (5)(a) of this section no later than six months from the date of the first interview described in subsection (2) of this section. The employer may extend the investigation to a maximum of 12 months from the date of the first interview, provided that, before the extended period begins, the employer provides written notice explaining the reason for the extension to the officer and the officer’s chosen representative and union representative, if any.

(b) The time limit provided in paragraph (a) of this subsection does not apply:

(A) If the investigation involves an officer who is incapacitated or unavailable.

(B) If the investigation involves an allegation of workers’ compensation or disability fraud by the officer.

(C) If the officer waives the limit in a signed writing.

(D) If the investigation requires a reasonable extension of time for coordination with one or more other jurisdictions.

(E) If the investigation involves more than one officer and requires a reasonable extension of time.

(c) For the purposes of the time limit provided in paragraph (a) of this subsection:

(A) If the alleged misconduct is also the subject of a criminal investigation or criminal prosecution, time does not run for the period during which the criminal investigation or criminal prosecution is pending.

(B) If the investigation involves a matter in civil litigation in which the officer is a named defendant or the officer’s actions are alleged to be a basis for liability, time does not run for the period during which the civil action is pending.

(C) If the investigation is the result of a complaint by a person charged with a crime, time does not run for the period during which the criminal matter is pending.

(7) An investigation may be reopened if:

(a) Significant new evidence is discovered that is likely to affect the outcome of the investigation; and

(b) Intentionally left blank —Ed.

(A) The evidence resulted from the public safety officer’s predisciplinary response; or

(B) The evidence could not have been discovered by the employer without resorting to extraordinary measures. [1979 c.618 §3; 2009 c.716 §2]

Source: Section 236.360 — Disciplinary actions; written procedures; safeguards; just cause; notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors236.­html (accessed May 26, 2025).
ORS § 238.384 — OR Code / Title 22 / Chapter 238 / Section 238.384
238.384 Rules
Status: in_force

The Public Employees Retirement Board may establish rules for the administration of ORS 238.372 (Increased benefits not payable to nonresidents) to 238.384 (Rules) . [2011 c.653 §7]

Source: Section 238.384 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 238.285 — OR Code / Title 22 / Chapter 238 / Section 238.285
238.285 Verification of retirement data
Status: in_force

(1) Not earlier than two years before a member’s 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 member’s participating public employers of the request. In a manner specified by rules of the board, the board shall allow those employers a reasonable time to confirm the records relating to the member that were provided to the board before the request was made. The board shall thereafter provide a verification to the member that includes the following data, as reflected in the records of the Public Employees Retirement System:

(a) The service information reported by the member’s employers and the number of years and months of creditable service or retirement credit derived from that information, determined as of a date specified in the verification.

(b) The salary data reported by the member’s employers for each calendar year, and the final average salary for the member derived from that data.

(c) If applicable, the member’s regular account balance, and any variable account balance, as of the end of a calendar year specified in the verification.

(d) If applicable, the total amount of unused sick leave accumulated by the member as of a date specified in the verification.

(2) A member of the system may dispute the accuracy of the data provided in the verification by filing a written notice of dispute with the board not more than 60 days after the date on which the verification is provided to the member. Upon receiving a notice of dispute under this subsection, the board shall determine the accuracy of the disputed data and make a written decision based on its determination. The board shall provide to the member a copy of the decision and a written explanation of any applicable statutes and rules. A member may seek judicial review of the decision as provided in ORS 183.484 (Jurisdiction for review of orders other than contested cases) and rules of the board.

(3) Except as provided in this section, when a member who receives a verification under this section retires for service, the creditable service, retirement credit, final average salary, member account balances and accumulated unused sick leave used in calculating the member’s retirement allowance or pension may not be less than the amounts provided in the verification, subject to adjustments for:

(a) Creditable service or retirement credit accrued by the member after the date specified in the verification.

(b) Salary attributable to periods of employment after the date specified in the verification.

(c) Earnings and losses credited to the member’s accounts from the end of the calendar year specified in the verification to the member’s effective retirement date, in accordance with rules adopted by the board.

(d) Sick leave used and accrued after the date specified in the verification.

(4) The board may use creditable service, retirement credit, final average salary, member account balances or accumulated unused sick leave in calculating a member’s service retirement allowance that is less than the amounts provided in a verification received under this section if the member knew that the amounts were not accurate at the time the verification was provided and the member did not dispute the accuracy of the amounts as provided in subsection (2) of this section.

(5) A participating public employer may not modify information provided to the board relating to a member’s creditable service, retirement credit, final average salary, employee contributions or accumulated unused sick leave after the board provides the member with a verification under this section that is based on that information except in response to the board’s request for the purpose of a determination under subsection (2) or (4) of this section.

(6) Intentionally left blank —Ed.

(a) Subject to paragraph (b) of this subsection, erroneous payments or overpayments paid to or on account of a member based on a verification provided under this section may not be recovered under ORS 238.715 (Recovery of overpayments) , but may be charged to the reserve account established under ORS 238.670 (Reserve accounts in fund) (1), or charged as an administrative expense under ORS 238.610 (Administrative expenses of system) .

(b) The board shall recover erroneous payments or overpayments paid to or on account of a member based on a verification provided under this section if the board determines that the recovery is required to maintain the status of the system and the Public Employees Retirement Fund as a qualified governmental retirement plan and trust under the Internal Revenue Code and under regulations adopted pursuant to the Internal Revenue Code.

(7) A member may dispute the accuracy of data in a verification only as provided under this section. A member may not dispute the accuracy of data in a verification in the manner provided by ORS 238.450 (Computation of retirement allowance or benefit) .

(8) A member shall be provided with one verification under this section at no cost. The board may establish procedures for recovering administrative costs from members for services in providing additional verifications. [2010 c.1 §3]

Source: Section 238.285 — Verification of retirement data , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 243.291 — OR Code / Title 22 / Chapter 243 / Section 243.291
243.291 Plan eligibility
Status: in_force

(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 (Definitions for ORS 243.105 to 243.285) , 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.

(2) Employees of local governments and employees of political subdivisions may participate in the plans under terms and conditions established by the board, if it does not jeopardize the financial viability of the board’s long term care insurance plans. However, unless the local government or political subdivision provides otherwise, the employee’s participation is a personal action of the employee and does not obligate the local government or political subdivision to pay for the provision of benefits under this subsection.

(3) Participation of eligible employees or retired employees in any long term care insurance plan made available by the board is voluntary and is subject to reasonable underwriting guidelines and eligibility rules established by the board.

(4) The employee or retired employee is solely responsible for the payment of the long term care premium rates developed by the board. The board is authorized to charge a reasonable administrative fee, in addition to the premium charged by the long term care insurer, to cover the cost of administration and consumer education materials. [1997 c.757 §1; 1999 c.59 §60; 2019 c.98 §1]

Note: 243.291 (Plan eligibility) and 243.296 (Requirements when board offers long term care insurance plan) were enacted into law by the Legislative Assembly but were 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.

Source: Section 243.291 — Plan eligibility; costs to be paid by participants; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 242.792 — OR Code / Title 22 / Chapter 242 / Section 242.792
242.792 Leave of absence
Status: in_force

Leave of absence for not more than 90 days without pay, and without consent of the commission, may be granted by the appointing power to any person subject to civil service. Such leave shall not in any way prejudice the rights or privileges of a person subject to civil service. Leave of absence for longer periods may be granted by the governing body of the political subdivision as governed by its rules and regulations. The appointing power or governing body shall give immediate notice of such leave to the commission. [1959 c.252 §34]

Source: Section 242.792 — Leave of absence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors242.­html (accessed May 26, 2025).
ORS § 238a.160 — OR Code / Title 22 / Chapter 238a / Section 238a.160
238A.160 Normal retirement age
Status: in_force

(1) Except as provided in subsections (2) and (3) of this section, normal retirement age for a member of the pension program is the earlier of:

(a) 65 years of age; or

(b) 58 years of age if the member has 30 years or more of retirement credit.

(2) Intentionally left blank —Ed.

(a) Normal retirement age for a member of the pension program who retires from service as a police officer or firefighter, and whose last 60 months of retirement credit preceding retirement eligibility under this section is classified as retirement credit for service as a police officer or a firefighter, is the earlier of:

(A) 60 years of age; or

(B) 53 years of age if the member has 25 years or more of retirement credit.

(b) A member who establishes retirement eligibility under this subsection retains retirement eligibility as a police officer or firefighter, even if the member performs service thereafter only as other than a police officer or firefighter.

(c) A period of leave from a position as a police officer or firefighter for which a member is entitled to retirement credit for service as a police officer or firefighter and which is part of the member’s last 60 months of retirement credit preceding retirement eligibility under this section shall be counted as part of the last 60 months of retirement credit required for retirement eligibility under this section.

(d) Retirement credit for a month in which a member performs service as both a police officer or firefighter and as other than a police officer or firefighter shall be classified as retirement credit for service as a police officer or firefighter for purposes of this section.

(e) A member employed as a police officer or firefighter is not required to restart the last 60 months of retirement credit required for retirement eligibility under this section when the member:

(A) Is on unpaid leave from the member’s position as a police officer or firefighter and is receiving insurance payments for short-term or long-term disability for which retirement credit is not available under ORS 238A.155 (Retirement credit for periods of disability) ; and

(B) Is concurrently employed and performing service as other than a police officer or firefighter.

(3) Normal retirement age for a member of the pension program who retires from service as a school employee as defined by ORS 238A.140 (Accrual of retirement credit) is the earlier of:

(a) 65 years of age; or

(b) 58 years of age if the member has been an active member in 30 or more calendar years.

(4) The normal retirement date of a member is the first day of the month beginning on or after the date the member reaches normal retirement age. [2003 c.733 §15; 2005 c.808 §35; 2023 c.404 §18]

Source: Section 238A.160 — Normal retirement age; normal retirement date , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238A.­html (accessed May 26, 2025).