ORS § 243.726 — OR Code / Title 22 / Chapter 243 / Section 243.726
243.726 Public employee strikes
Status: in_force

(1) Participation in a strike shall be unlawful for any public employee who is not included in an appropriate bargaining unit for which an exclusive representative has been certified by the Employment Relations Board or recognized by the employer; or is included in an appropriate bargaining unit that provides for resolution of a labor dispute by petition to final and binding arbitration; or when the strike is not made lawful under ORS 240.060 (Employment Relations Board) , 240.065 (Appointment) , 240.080 (Chairperson appointed by Governor) , 240.123 (Board personnel) , 243.650 (Definitions for ORS 243.650 to 243.809) to 243.809 (Determinations regarding alleged misconduct of law enforcement officer in accordance with uniform standards) and 341.290 (General powers) .

(2) It shall be lawful for a public employee who is not prohibited from striking under subsection (1) of this section and who is in the appropriate bargaining unit involved in a labor dispute to participate in a strike over mandatory subjects of bargaining provided:

(a) The requirements of ORS 243.712 (Mediation upon failure to agree after 150-day period) and 243.722 (Fact-finding procedure) relating to the resolution of labor disputes have been complied with in good faith;

(b) Thirty days have elapsed since the board has made public the fact finder’s findings of fact and recommendations or the mediator has made public the parties’ final offers;

(c) The exclusive representative has given 10 days’ notice by certified mail of its intent to strike and stating the reasons for its intent to strike to the board and the public employer;

(d) The collective bargaining agreement has expired, or the labor dispute arises pursuant to a reopener provision in a collective bargaining agreement or renegotiation under ORS 243.702 (Renegotiation of invalid provisions in agreements) (1) or renegotiation under ORS 243.698 (Expedited bargaining process) ; and

(e) The union’s strike does not include unconventional strike activity not protected under the National Labor Relations Act on June 6, 1995, and does not constitute an unfair labor practice under ORS 243.672 (Unfair labor practices) (3).

(3) Intentionally left blank —Ed.

(a) Where the strike occurring or is about to occur creates a clear and present danger or threat to the health, safety or welfare of the public, the public employer concerned may petition the circuit court of the county in which the strike has taken place or is to take place for equitable relief including but not limited to appropriate injunctive relief.

(b) If the strike is a strike of state employees the petition shall be filed in the Circuit Court of Marion County.

(c) If, after hearing, the court finds that the strike creates a clear and present danger or threat to the health, safety or welfare of the public, it shall grant appropriate relief. Such relief shall include an order that the labor dispute be submitted to final and binding arbitration within 10 days of the court’s order pursuant to procedures in ORS 243.746 (Selection of arbitrator) .

(4) Intentionally left blank —Ed.

(a) A labor organization may not declare or authorize a strike of public employees that is or would be in violation of this section. When it is alleged in good faith by the public employer that a labor organization has declared or authorized a strike of public employees that is or would be in violation of this section, the employer may petition the board for a declaration that the strike is or would be unlawful. The board, after conducting an investigation and hearing, may make such declaration if it finds that such declaration or authorization of a strike is or would be unlawful.

(b) When a labor organization or individual disobeys an order of the appropriate circuit court issued pursuant to enforcing an order of the board involving this section and ORS 243.736 (Strikes by deputy district attorneys, assistant attorneys general and certain emergency and public safety personnel) or 243.738 (Strikes by employees of mass transit districts, transportation districts and municipal bus systems) , they shall be punished according to the provisions of ORS 33.015 (Definitions for ORS 33.015 to 33.155) to 33.155 (Applicability) , except that the amount of the fine shall be at the discretion of the court.

(5) An unfair labor practice by a public employer shall not be a defense to a prohibited strike. The board upon the filing of an unfair labor charge alleging that a public employer has committed an unfair labor practice during or arising out of the collective bargaining procedures set forth in ORS 243.712 (Mediation upon failure to agree after 150-day period) and 243.722 (Fact-finding procedure) , shall take immediate action on such charge and if required, petition the court of competent jurisdiction for appropriate relief or a restraining order.

(6) As used in this section, “danger or threat to the health, safety or welfare of the public” does not include an economic or financial inconvenience to the public or to the public employer that is normally incident to a strike by public employees. [1973 c.536 §16; 1979 c.257 §1; 1989 c.1089 §1; 1991 c.724 §28; 1995 c.286 §8; 2017 c.496 §5; 2019 c.429 §13; 2019 c.439 §3]

Source: Section 243.726 — Public employee strikes; equitable relief against certain strikes; effect of unfair labor practice charge on prohibited strike , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 242.550 — OR Code / Title 22 / Chapter 242 / Section 242.550
242.550 Evidence of fitness for appointment
Status: in_force

Subject to rules adopted by the Oregon Department of Administrative Services under ORS 181A.215 (Oregon Department of Administrative Services to adopt rules relating to certain aspects of criminal records checks) , the civil service board may require an applicant for a custodial position to furnish evidence satisfactory to the board of good character and such other evidence as the civil service board deems necessary to establish the applicant’s fitness. [Amended by 1969 c.262 §5; 1979 c.738 §3; 1979 c.744 §11; 2015 c.758 §14; 2023 c.437 §11]

Source: Section 242.550 — Evidence of fitness for appointment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors242.­html (accessed May 26, 2025).
ORS § 243.668 — OR Code / Title 22 / Chapter 243 / Section 243.668
243.668 Legislative findings
Status: in_force

(1) The Legislative Assembly finds that:

(a) It is the policy of this state that public funds may not be used to subsidize interference with an employee’s choice to join or to be represented by a labor union.

(b) Some public employers use public funds to aid or subsidize efforts to deter union organizing.

(c) Use of public funds to deter union organizing is contrary to the purposes for which the funds were appropriated and is wasteful of scarce public resources.

(2) The purpose of ORS 243.670 (Prohibition of actions by public employer to assist, promote or deter union organizing) is to maintain the neutrality of public bodies in labor organizing by forbidding the use of public funds for unintended purposes and to conserve public resources by ensuring that public funds are used as intended. [2013 c.663 §3]

Note: 243.668 (Legislative findings) 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 243.668 — Legislative findings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 238.315 — OR Code / Title 22 / Chapter 238 / Section 238.315
238.315 Lump sum payment in lieu of small allowance
Status: in_force

A member of the system who has separated from the service of all participating employers, who retires for service and whose total service retirement allowance on the effective date of retirement, as computed by the board in accordance with the nonrefund plan, is less than $200 per month, shall receive, in lieu of any and all retirement allowance or other benefits under the system, a retirement benefit in the form of a lump sum amount equal to the actuarial value, on the effective date of retirement, of the retirement allowance computed by the board in accordance with the nonrefund plan. A member who receives a retirement benefit as provided in this section is eligible to participate in insurance coverage under ORS 238.410 (Board may contract for insurance for retirees) , and the board shall determine the manner in which the cost of that coverage payable by the member shall be paid. [Formerly 237.151; 2001 c.945 §84]

Source: Section 238.315 — Lump sum payment in lieu of small allowance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 238a.420 — OR Code / Title 22 / Chapter 238a / Section 238a.420
238A.420 Investment options under individual account program
Status: in_force

(1) Except as provided in subsection (5) of this section, the Public Employees Retirement Board, in consultation with the office of the State Treasurer, shall adopt rules providing that if the Oregon Investment Council invests the assets of the individual account program in multiple risk categories depending on the characteristics of an individual member, a member of the individual account program may elect to have the moneys in the member’s individual accounts established under ORS 238A.350 (Individual accounts established) deposited into an investment option approved by the council.

(2) A member may make an election under this section once per calendar year. The board shall establish by rule the date by which a member must make an election under this section in order for the election to become effective on January 1 of the following calendar year.

(3) The board shall give each member of the individual account program a disclosure statement in writing that contains information regarding the investment options approved under this section, including the risk and return characteristics of the investment options, that members should consider when making an investment decision for their funds.

(4) The board may adopt rules as necessary to implement this section, which may include rules to create a separate trust or subtrust to hold moneys that are subject to members’ investment choice and direction, but the council and the office of the State Treasurer retain authority over investment decisions required to implement this section.

(5) The board may not adopt rules under subsection (1) of this section that violate state or federal laws or regulations. [2018 c.118 §2; 2019 c.355 §29]

Source: Section 238A.420 — Investment options under individual account program; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238A.­html (accessed May 26, 2025).
ORS § 243.886 — OR Code / Title 22 / Chapter 243 / Section 243.886
243.886 Limitations on district participation in benefit plans
Status: in_force

(1) Except as provided in subsections (2), (3) and (4) of this section, a district may not provide or contract for a benefit plan and eligible employees of districts may not participate in a benefit plan unless the benefit plan:

(a) Is provided and administered by the Oregon Educators Benefit Board under ORS 243.860 (Definitions for ORS 243.860 to 243.886) to 243.886 (Limitations on district participation in benefit plans) ; or

(b) Is offered through the health insurance exchange under ORS 741.310 (Requirements for purchase of insurance through exchange and for participation of insurers in exchange) (1)(b)(B).

(2) Intentionally left blank —Ed.

(a) Except for community college districts, a district that was self-insured before January 1, 2007, or a district that had an independent health insurance trust established and functioning before January 1, 2007, may provide or contract for benefit plans other than benefit plans provided and administered by the board if the premiums for the benefit plans provided or contracted for by the district are equal to or less than the premiums for comparable benefit plans provided and administered by the board.

(b) A community college district may provide or contract for benefit plans other than benefit plans provided and administered by the board.

(c) In accordance with procedures adopted by the board to extend benefit plan coverage under ORS 243.864 (Duties) to 243.874 (Flexible benefit plans) to eligible employees of a self-insured district, a district with an independent health insurance trust or a community college district, these districts may choose to offer benefit plans that are provided and administered by the board. Once employees of a district participate in benefit plans provided and administered by the board, the district may not thereafter provide or contract for benefit plans other than those provided and administered by the board.

(3) Intentionally left blank —Ed.

(a) A district, other than a district claiming the exception in subsection (2)(a) of this section, that has not offered benefit plans provided and administered by the board before June 23, 2009, may provide or contract for benefit plans other than benefit plans provided and administered by the board if the premiums for the benefit plans provided or contracted for by the district are equal to or less than the premiums for comparable benefit plans provided and administered by the board. Once employees of a district or an employee group within a district participates in benefit plans provided and administered by the board, the district may not thereafter provide or contract for benefit plans for those employees or employee groups other than those provided and administered by the board.

(b) If requested by the district or a labor organization representing eligible employees of the district, the board shall perform an actuarial analysis of the district.

(c) As used in this subsection, “district” does not include a community college district.

(4) Nothing in ORS 243.860 (Definitions for ORS 243.860 to 243.886) to 243.886 (Limitations on district participation in benefit plans) may be construed to expand or contract collective bargaining rights or collective bargaining obligations. [2007 c.7 §14; 2009 c.474 §1; 2012 c.38 §§9,13; 2013 c.780 §§1,2; 2015 c.3 §38]

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

Source: Section 243.886 — Limitations on district participation in benefit plans; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 243.474 — OR Code / Title 22 / Chapter 243 / Section 243.474
243.474 Investment of local government plan assets through investment program
Status: in_force

(1) A local government that establishes a deferred compensation plan may invest all or part of the plan’s assets through the deferred compensation investment program established by the Oregon Investment Council under ORS 243.421 (Investment program for fund) . Plan assets of a local government deferred compensation plan invested through the deferred compensation investment program are not subject to the limitations on investment imposed by ORS 294.033 (Investment of deferred compensation funds) and 294.035 (Investment of funds of political subdivisions) . Local governments that invest through the deferred compensation investment program are subject to the policies and procedures established by the council for the administration of the program.

(2) A local government that wishes to become a participating local government pursuant to this section must enter into a written agreement with the Public Employees Retirement System. The agreement must set forth the terms of the investment and the record keeping and related services to be performed by the system for the invested funds. The Public Employees Retirement Board may require that the local government enter into a service agreement under ORS 243.478 (Plan administration agreements) as a condition of an agreement under this subsection. If the local government and the system cannot reach an agreement under the provisions of this subsection, the local government may not become a participating local government.

(3) All funds invested by the council for a participating local government must be accounted for separately. Investment of funds under this section must be implemented and administered so that the State of Oregon incurs no expense or liability other than those liabilities that may be imposed under 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) or other law.

(4) In addition to those amounts that may be deducted by the State Treasurer pursuant to ORS 293.718 (Payment of expenses of State Treasurer) , the system may assess a charge against the total account balances of all participating local governments that is sufficient to reimburse the system for any additional costs of investing funds for participating local governments. The Public Employees Retirement Board shall not act as a trustee or be considered the trustee of any trust established by a local government deferred compensation plan.

(5) The terms of the agreement provided for in subsection (2) of this section shall govern the nature and extent of the information that must be provided to local government officers and employees about the investment of deferred compensation through the deferred compensation investment program. [1997 c.179 §15]

Source: Section 243.474 — Investment of local government plan assets through investment program; agreement with Public Employees Retirement System; charges against participants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 241.095 — OR Code / Title 22 / Chapter 241 / Section 241.095
241.095 Officers and employees to assist commission
Status: in_force

All county officers and employees of the county shall aid in all proper ways in carrying out the provisions of ORS 241.016 (Definitions for ORS 241.016 to 241.990) to 241.990 (Penalties) , and such regulations as may, from time to time, be prescribed by the commission thereunder, and to afford the commission, its members and employees all reasonable facilities and assistance to inspect all books, papers, documents and accounts applying or in any way appertaining to any and all offices, places, positions and employments subject to civil service, and also to produce such books, papers, documents and accounts, and attend and testify, whenever required so to do by the commission, or any commissioner.

Source: Section 241.095 — Officers and employees to assist commission , https://www.­oregonlegislature.­gov/bills_laws/ors/ors241.­html (accessed May 26, 2025).
ORS § 238.055 — OR Code / Title 22 / Chapter 238 / Section 238.055
238.055 Membership of judges previously receiving retirement pay from Judges’ Retirement Fund
Status: in_force

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

(a) The amount of retirement pay or pension payable to the judge or surviving spouse of a judge and the terms and conditions of eligibility to receive retirement pay or a pension shall be as established by ORS 1.314 to 1.380 (1989 Edition); and

(b) The right of any person to receive any benefit as a result of the death of a judge by reason of the provisions of ORS 1.314 to 1.380 (1989 Edition) shall solely be as provided by ORS 1.314 to 1.380 (1989 Edition).

(2) After August 1, 1991, any judge who would have become eligible to receive retirement pay from the Judges’ Retirement Fund shall, upon retirement, be a retired member of the Public Employees Retirement System, except that:

(a) The amount of retirement pay or pension payable to the judge or the surviving spouse of the judge and the terms and conditions of eligibility to receive retirement pay or a pension shall be as established by ORS 1.314 to 1.380 (1989 Edition); and

(b) The right of any person to receive any benefit as a result of the death of the judge by reason of the provisions of ORS 1.314 to 1.380 (1989 Edition) shall solely be as provided by ORS 1.314 to 1.380 (1989 Edition).

(3) On August 1, 1991, the Judges’ Retirement Fund shall cease to exist as a separate fund and the assets and earnings of the Judges’ Retirement Fund shall be paid into the employer reserves for judge members of the Public Employees Retirement Fund. The Public Employees Retirement Board shall continue to keep a separate regular account for any person who may become eligible to receive a retirement benefit under subsection (2) of this section and for any person whose child or children may become entitled to a benefit under ORS 1.346 (1989 Edition).

(4) Upon deposit of the assets and earnings of the Judge’s Retirement Fund as provided under subsection (3) of this section, the Public Employees Retirement Board shall cause to be deposited from the employer reserves for judge members to the retired reserves of the Public Employees Retirement Fund, the amount actuarially determined to be necessary to fund the retirement pay and pensions of those judges and surviving spouses of judges who were receiving retirement pay or a pension from the Judges’ Retirement Fund on August 1, 1991.

(5) The amount of retirement pay or pension payable to a judge or spouse of a retired judge who previously received retirement pay or a pension from the Judges’ Retirement Fund, or who would have received retirement pay or a pension from the Judges’ Retirement Fund, shall not be recalculated or affected in any way based on the provisions of ORS chapter 238, nor shall the eligibility of a judge or surviving spouse of a judge to receive retirement pay or a pension be affected by ORS chapter 238.

(6) The provisions of 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) and 238.500 (Definitions for ORS 238.500 to 238.585) to 238.585 (Use of creditable service by person who serves as both member and judge member) do not apply to a judge or surviving spouse of a judge who received retirement pay or a pension from the Judges’ Retirement Fund prior to August 1, 1991, or to a judge who retires as a member of the Public Employees Retirement System under subsection (2) of this section.

(7) Any person who served as a judge before August 1, 1991, who had amounts deducted from the person’s salary while serving as a judge for the purpose of making contributions to the Judges’ Retirement Fund, and who is not eligible to become a retired member of the Public Employees Retirement System under this section, may withdraw the amounts deducted from the person’s salary, with all earnings on those deductions, at any time after May 24, 2003. Withdrawal under this subsection cancels all rights the person may have in the Judges’ Retirement Fund or the Public Employees Retirement System, and the rights that any spouse or beneficiary of the person may have in the Judges’ Retirement Fund or the Public Employees Retirement System, by reason of service by the person as a judge for which contributions were made to the Judges’ Retirement Fund. [Formerly 237.039; 2001 c.945 §32; 2003 c.90 §1]

Source: Section 238.055 — Membership of judges previously receiving retirement pay from Judges’ Retirement Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 244.020 — OR Code / Title 22 / Chapter 244 / Section 244.020
244.020 Definitions
Status: in_force

As used in this chapter, unless the context requires otherwise:

(1) “Actual conflict of interest” means any action or any decision or recommendation by a person acting in a capacity as a public official, the effect of which would be to the private pecuniary benefit or detriment of the person or the person’s relative or any business with which the person or a relative of the person is associated unless the pecuniary benefit or detriment arises out of circumstances described in subsection (13) of this section.

(2) “Business” means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed individual and any other legal entity operated for economic gain but excluding any income-producing not-for-profit corporation that is tax exempt under section 501(c) of the Internal Revenue Code with which a public official or a relative of the public official is associated only as a member or board director or in a nonremunerative capacity.

(3) “Business with which the person is associated” means:

(a) Any private business or closely held corporation of which the person or the person’s relative is a director, officer, owner or employee, or agent or any private business or closely held corporation in which the person or the person’s relative owns or has owned stock, another form of equity interest, stock options or debt instruments worth $1,000 or more at any point in the preceding calendar year;

(b) Any publicly held corporation in which the person or the person’s relative owns or has owned $100,000 or more in stock or another form of equity interest, stock options or debt instruments at any point in the preceding calendar year;

(c) Any publicly held corporation of which the person or the person’s relative is a director or officer; or

(d) For public officials required to file a statement of economic interest under ORS 244.050 (Persons required to file statement of economic interest) , any business listed as a source of income as required under ORS 244.060 (Form of statement of economic interest) (3).

(4) “Candidate” means an individual for whom a declaration of candidacy, nominating petition or certificate of nomination to public office has been filed or whose name is printed on a ballot or is expected to be or has been presented, with the individual’s consent, for nomination or election to public office.

(5) “Development commission” means any entity that has the authority to purchase, develop, improve or lease land or the authority to operate or direct the use of land. This authority must be more than ministerial.

(6) “First Partner” means the spouse or domestic partner of the Governor, or an individual who primarily has a personal relationship with the Governor as determined by the Oregon Government Ethics Commission by rule. “First Partner” encompasses any alternative title that the Governor may publicly substitute for “First Partner,” including, but not limited to, “First Lady,” “First Husband” or “First Spouse.”

(7) Intentionally left blank —Ed.

(a) “Gift” means something of economic value given to a public official, a candidate or a relative or member of the household of the public official or candidate:

(A) Without valuable consideration of equivalent value, including the full or partial forgiveness of indebtedness, which is not extended to others who are not public officials or candidates or the relatives or members of the household of public officials or candidates on the same terms and conditions; or

(B) For valuable consideration less than that required from others who are not public officials or candidates.

(b) “Gift” does not mean:

(A) Contributions as defined in ORS 260.005 (Definitions) .

(B) Gifts from relatives or members of the household of the public official or candidate.

(C) An unsolicited token or award of appreciation in the form of a plaque, trophy, desk item, wall memento or similar item, with a resale value reasonably expected to be less than $25.

(D) Informational or program material, publications or subscriptions related to the recipient’s performance of official duties.

(E) Admission provided to or the cost of food or beverage consumed by a public official, a relative of the public official accompanying the public official, a member of the household of the public official accompanying the public official or a staff member of the public official accompanying the public official, at a reception, meal or meeting held by an organization when the public official represents state government as defined in ORS 174.111 (“State government” defined) , a local government as defined in ORS 174.116 (“Local government” and “local service district” defined) or a special government body as defined in ORS 174.117 (“Special government body” defined) .

(F) Reasonable expenses paid by any unit of the federal government, a state or local government, a Native American tribe that is recognized by federal law or formally acknowledged by a state, a membership organization to which a public body as defined in ORS 174.109 (“Public body” defined) pays membership dues or a not-for-profit corporation that is tax exempt under section 501(c)(3) of the Internal Revenue Code, for attendance at a convention, fact-finding mission or trip, conference or other meeting if the public official is scheduled to deliver a speech, make a presentation, participate on a panel or represent state government as defined in ORS 174.111 (“State government” defined) , a local government as defined in ORS 174.116 (“Local government” and “local service district” defined) or a special government body as defined in ORS 174.117 (“Special government body” defined) .

(G) Contributions made to a legal expense trust fund established under ORS 244.209 (Application to establish fund) for the benefit of the public official.

(H) Reasonable food, travel or lodging expenses provided to a public official, a relative of the public official accompanying the public official, a member of the household of the public official accompanying the public official or a staff member of the public official accompanying the public official, when the public official is representing state government as defined in ORS 174.111 (“State government” defined) , a local government as defined in ORS 174.116 (“Local government” and “local service district” defined) or a special government body as defined in ORS 174.117 (“Special government body” defined) :

(i) On an officially sanctioned trade-promotion or fact-finding mission; or

(ii) In officially designated negotiations, or economic development activities, where receipt of the expenses is approved in advance.

(I) Food or beverage consumed by a public official acting in an official capacity:

(i) In association with the review, approval, execution of documents or closing of a borrowing, investment or other financial transaction, including any business agreement between state government as defined in ORS 174.111 (“State government” defined) , a local government as defined in ORS 174.116 (“Local government” and “local service district” defined) or a special government body as defined in ORS 174.117 (“Special government body” defined) and a private entity or public body as defined in ORS 174.109 (“Public body” defined) ;

(ii) While engaged in due diligence research or presentations by the office of the State Treasurer related to an existing or proposed investment or borrowing; or

(iii) While engaged in a meeting of an advisory, governance or policy-making body of a corporation, partnership or other entity in which the office of the State Treasurer has invested moneys.

(J) Waiver or discount of registration expenses or materials provided to a public official or candidate at a continuing education event that the public official or candidate may attend to satisfy a professional licensing requirement.

(K) Expenses provided by one public official to another public official for travel inside this state to or from an event that bears a relationship to the receiving public official’s office and at which the official participates in an official capacity.

(L) Food or beverage consumed by a public official or candidate at a reception where the food or beverage is provided as an incidental part of the reception and no cost is placed on the food or beverage.

(M) Entertainment provided to a public official or candidate or a relative or member of the household of the public official or candidate that is incidental to the main purpose of another event.

(N) Entertainment provided to a public official or a relative or member of the household of the public official where the public official is acting in an official capacity while representing state government as defined in ORS 174.111 (“State government” defined) , a local government as defined in ORS 174.116 (“Local government” and “local service district” defined) or a special government body as defined in ORS 174.117 (“Special government body” defined) for a ceremonial purpose.

(O) Anything of economic value offered to or solicited or received by a public official or candidate, or a relative or member of the household of the public official or candidate:

(i) As part of the usual and customary practice of the person’s private business, or the person’s employment or position as a volunteer with a private business, corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, not-for-profit corporation or other legal entity operated for economic value; and

(ii) That bears no relationship to the public official’s or candidate’s holding of, or candidacy for, the official position or public office.

(P) Reasonable expenses paid to a public school employee for accompanying students on an educational trip.

(8) “Honorarium” means a payment or something of economic value given to a public official in exchange for services upon which custom or propriety prevents the setting of a price. Services include, but are not limited to, speeches or other services rendered in connection with an event.

(9) “Income” means income of any nature derived from any source, including, but not limited to, any salary, wage, advance, payment, dividend, interest, rent, honorarium, return of capital, forgiveness of indebtedness, or anything of economic value.

(10) “Legislative or administrative interest” means an economic interest, distinct from that of the general public, in:

(a) Any matter subject to the decision or vote of the public official acting in the public official’s capacity as a public official; or

(b) Any matter that would be subject to the decision or vote of the candidate who, if elected, would be acting in the capacity of a public official.

(11) “Member of the household” means any person who resides with the public official or candidate.

(12) “Planning commission” means a county planning commission created under ORS chapter 215 or a city planning commission created under ORS chapter 227.

(13) “Potential conflict of interest” means any action or any decision or recommendation by a person acting in a capacity as a public official, the effect of which could be to the private pecuniary benefit or detriment of the person or the person’s relative, or a business with which the person or the person’s relative is associated, unless the pecuniary benefit or detriment arises out of the following:

(a) An interest or membership in a particular business, industry, occupation or other class required by law as a prerequisite to the holding by the person of the office or position.

(b) Any action in the person’s official capacity which would affect to the same degree a class consisting of all inhabitants of the state, or a smaller class consisting of an industry, occupation or other group including one of which or in which the person, or the person’s relative or business with which the person or the person’s relative is associated, is a member or is engaged.

(c) Membership in or membership on the board of directors of a nonprofit corporation that is tax-exempt under section 501(c) of the Internal Revenue Code.

(14) “Public office” has the meaning given that term in ORS 260.005 (Definitions) .

(15) “Public official” means the First Partner and any person who, when an alleged violation of this chapter occurs, is serving the State of Oregon or any of its political subdivisions or any other public body as defined in ORS 174.109 (“Public body” defined) as an elected official, appointed official, employee or agent, irrespective of whether the person is compensated for the services.

(16) “Relative” means:

(a) The spouse, parent, stepparent, child, sibling, stepsibling, son-in-law or daughter-in-law of the public official or candidate;

(b) The parent, stepparent, child, sibling, stepsibling, son-in-law or daughter-in-law of the spouse of the public official or candidate;

(c) Any individual for whom the public official or candidate has a legal support obligation;

(d) Any individual for whom the public official provides benefits arising from the public official’s public employment or from whom the public official receives benefits arising from that individual’s employment; or

(e) Any individual from whom the candidate receives benefits arising from that individual’s employment.

(17) “Statement of economic interest” means a statement as described by ORS 244.060 (Form of statement of economic interest) or 244.070 (Additional statement of economic interest) .

(18) “Zoning commission” means an entity to which is delegated at least some of the discretionary authority of a planning commission or governing body relating to zoning and land use matters. [1974 c.72 §2; 1975 c.543 §1; 1977 c.588 §2; 1979 c.666 §5; 1987 c.566 §8; 1989 c.340 §2; 1991 c.73 §1; 1991 c.770 §5; 1993 c.743 §8; 1995 c.79 §85; 1997 c.249 §75; 2001 c.200 §1; 2003 c.14 §115; 2005 c.574 §1; 2007 c.865 §8; 2007 c.877 §16a; 2009 c.68 §2; 2009 c.689 §§1,2; 2013 c.42 §1; 2015 c.620 §1; 2015 c.665 §1]

Source: Section 244.020 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors244.­html (accessed May 26, 2025).
ORS § 244.330 — OR Code / Title 22 / Chapter 244 / Section 244.330
244.330 Distribution of manual on government ethics
Status: in_force

The Oregon Government Ethics Commission shall distribute, insofar as is practicable, copies of its ethics manual to every public official. The commission shall seek the assistance of professional associations that represent public officials in its efforts to comply with this section. [1993 c.714 §4]

Note: 244.330 (Distribution of manual on government ethics) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 244 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 244.330 — Distribution of manual on government ethics , https://www.­oregonlegislature.­gov/bills_laws/ors/ors244.­html (accessed May 26, 2025).
ORS § 238.535 — OR Code / Title 22 / Chapter 238 / Section 238.535
238.535 Service retirement allowance
Status: in_force

(1) Prior to attaining 60 years of age, all judge members shall elect in writing to retire under either paragraph (a) or (b) of this subsection. The election shall be irrevocable after the judge member attains 60 years of age. Any judge member who fails to make the election provided for in this subsection prior to attaining 60 years of age shall be retired under the provisions of paragraph (a) of this subsection.

(a) Upon retiring from service as a judge at the age of 65 years or thereafter, a judge member who has made contributions to the Public Employees Retirement Fund during each of five calendar years shall receive as a service retirement allowance, payable monthly, a life pension (nonrefund) provided by the contributions of the judge member and the state in an annual amount equal to 2.8125 percent of final average annual salary multiplied by the number of years of service as a judge not exceeding 16 years of service as a judge and 1.67 percent of final average salary multiplied by the number of years of service as a judge exceeding 16 years of service as a judge, but the annual amount shall not exceed 65 percent of final average salary.

(b) Upon retiring from service as a judge at the age of 60 years or thereafter, a judge member who has made contributions to the Public Employees Retirement Fund during each of five calendar years shall receive as a service retirement allowance, payable monthly, a life pension (nonrefund) provided by the contributions of the judge member and the state in an annual amount equal to 3.75 percent of final average salary multiplied by the number of years of service as a judge not exceeding 16 years of service as a judge and two percent of final average salary multiplied by the number of years of service as a judge exceeding 16 years of service as a judge, but the annual amount shall not exceed 75 percent of final average salary.

(c) Any judge member electing to retire under paragraph (b) of this subsection shall serve as a pro tem judge, without compensation, for 35 days per year for a period of five years. A judge who serves more than 35 days per year may carry over the additional days to fulfill the pro tem service obligation in future years. The five-year period shall commence on the judge member’s date of retirement or the date on which the judge member commences pro tem service under ORS 238.545 (Withdrawal of member account) (4), whichever is earlier. Judge members may be reimbursed for expenses incurred in providing pro tem services under this paragraph. Upon certification from the Chief Justice that any judge member who retired under paragraph (b) of this subsection has failed to perform the pro tem services required under this paragraph, and has not been relieved of the obligations to perform those services in the manner provided by this paragraph, the Public Employees Retirement Board shall recalculate the service retirement allowance of the noncomplying judge member as though the judge member elected to retire under paragraph (a) of this subsection, and the noncomplying judge member shall receive only that recalculated amount thereafter. A judge may be relieved of the pro tem service obligation imposed by this paragraph if the judge fails for good cause to complete the obligation. A retired judge member who is relieved of the obligation to serve as a pro tem judge shall continue to receive the retirement allowance provided in paragraph (b) of this subsection.

(d) For the purpose of paragraph (c) of this subsection:

(A) “Good cause” includes, but is not limited to:

(i) Physical or mental incapacitation of a judge that prevents the judge from discharging the duties of judicial office;

(ii) Failure of the appointing authority to assign a judge to the requisite amount of pro tem service, whether because of insufficient need for pro tem judges, a determination by the appointing authority that the skills of a judge do not match the needs of the courts, clerical mistake, or otherwise; or

(iii) Death of a judge.

(B) “Good cause” does not include:

(i) A judge’s refusal, without good cause, to accept pro tem assignments sufficient to meet the required amount; or

(ii) A judge’s affirmative voluntary act that makes the judge unqualified to serve as a judge of this state including, but not limited to, failure to maintain active membership in the Oregon State Bar, acceptance of a position in another branch of state government, or acceptance of a position in the Government of the United States or of another state or nation.

(e) The Chief Justice may make rules for the implementation of this subsection.

(2) As used in subsection (1) of this section, “final average salary” means whichever of the following is greater:

(a) The average salary per calendar year paid to a judge member in three of the calendar years of service as a judge before the judge member retires, in which three years the judge member was paid the highest salary.

(b) One-third of the total salary paid to a judge member in the last 36 calendar months of service as a judge before the judge member retires.

(3) As used in subsection (1) of this section, “number of years of service” means the number of full years plus any remaining fraction of a year. In determining a remaining fraction, a full month shall be considered as one-twelfth of a year and a major fraction of a month shall be considered as a full month.

(4) For a judge who elects to become a judge member as provided in ORS 237.215 (3) (1989 Edition), the service retirement allowance under subsection (1) of this section on retirement at the age of 70 years and either 12 years of service or two full six-year terms as a judge shall be at least the equivalent of the retirement pay the judge would have received had the judge retired under ORS 1.314 to 1.390 (1989 Edition).

(5) A judge member who has made contributions to the Public Employees Retirement Fund during each of five calendar years and who attains the age of 60 years shall be retired upon written application by the judge member to the board on a reduced service retirement allowance that shall be the actuarial equivalent of the service retirement allowance provided for in subsection (1)(a) of this section.

(6) For the purposes of this section, a judge who elects to become a judge member as provided in ORS 237.215 (3) (1989 Edition) shall be considered to have made contributions to the Public Employees Retirement Fund during one calendar year for each calendar year during which the judge made contributions to the Judges’ Retirement Fund.

(7) Intentionally left blank —Ed.

(a) Notwithstanding subsection (1)(a) of this section, the maximum percentage used in calculating the annual amount of the life pension (nonrefund) for a judge who is a judge member on September 27, 1987, or who elected to become a judge member in the manner provided by ORS 237.215 (3)(b) or (4)(b) (1989 Edition), shall be the percentage specified by paragraph (b) of this subsection if either:

(A) On September 27, 1987, the judge had more than 28 years of service that were creditable either under the system; or

(B) On September 27, 1987, the judge had more than 28 years of service that were creditable under the Judges’ Retirement Fund established pursuant to ORS 1.314 to 1.390 (1989 Edition) and the judge became a member of the system under the provisions of ORS 237.215 (3)(b) (1989 Edition).

(b) The maximum percentage used in calculating the annual amount of the life pension (nonrefund) of a judge member who meets the requirements of paragraph (a) of this subsection shall not exceed 45 percent plus 1.67 percent multiplied by the number of years of service as a judge that exceed 16 years and that were served on or before September 27, 1987.

(c) In computing the annual amount of the life pension of a judge who meets the requirements of paragraph (a) of this subsection, the board shall use the percentage specified by paragraph (b) of this subsection and the final average salary of the judge computed on the date of retirement, not the final average salary of the judge computed as of September 27, 1987. In making the computation under this subsection, the board shall use the definition of “final average salary” provided by ORS 238.535 (Service retirement allowance) as amended by section 2, chapter 625, Oregon Laws 1987. [Formerly 237.220; 1997 c.801 §19; 1999 c.317 §21; 2005 c.22 §179]

Source: Section 238.535 — Service retirement allowance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 240.430 — OR Code / Title 22 / Chapter 240 / Section 240.430
240.430 Merit ratings
Status: in_force

In cooperation with appointing authorities, the Personnel Division shall establish a system of merit ratings to determine the quality of performance and relative merit of employees in the classified service. [Amended by 1969 c.80 §71; 1979 c.468 §16]

Source: Section 240.430 — Merit ratings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors240.­html (accessed May 26, 2025).
ORS § 243.676 — OR Code / Title 22 / Chapter 243 / Section 243.676
243.676 Processing of unfair labor practice complaints
Status: in_force

(1) Whenever a written complaint is filed alleging that any person has engaged in or is engaging in any unfair labor practice listed in ORS 243.672 (Unfair labor practices) (1) to (4) and 243.752 (Arbitration decision final) , the Employment Relations Board or its agent shall:

(a) Cause to be served upon such person a copy of the complaint;

(b) Investigate the complaint to determine if a hearing on the unfair labor practice charge is warranted. If the investigation reveals that no issue of fact or law exists, the board may dismiss the complaint; and

(c) Set the matter for hearing if the board finds in its investigation made pursuant to paragraph (b) of this subsection that an issue of fact or law exists. The hearing shall be before the board or an agent of the board not more than 20 days after a copy of the complaint has been served on the person.

(2) Where, as a result of the hearing required pursuant to subsection (1)(c) of this section, the board finds that any person named in the complaint has engaged in or is engaging in any unfair labor practice charged in the complaint, the board shall:

(a) State its findings of fact;

(b) Issue and cause to be served on such person an order that the person cease and desist from the unfair labor practice;

(c) Take such affirmative action, including but not limited to the reinstatement of employees with or without back pay, as necessary to effectuate the purposes of ORS 240.060 (Employment Relations Board) , 240.065 (Appointment) , 240.080 (Chairperson appointed by Governor) , 240.123 (Board personnel) , 243.650 (Definitions for ORS 243.650 to 243.809) to 243.809 (Determinations regarding alleged misconduct of law enforcement officer in accordance with uniform standards) and 341.290 (General powers) ;

(d) Designate the amount and award representation costs, if any, to the prevailing party; and

(e) Designate the amount and award attorney fees, if any, to the prevailing party on appeal, including proceedings for Supreme Court review, of a board order.

(3) Where the board finds that the person named in the complaint has not engaged in or is not engaging in an unfair labor practice, the board shall:

(a) Issue an order dismissing the complaint; and

(b) Designate the amount and award representation costs, if any, to the prevailing party.

(4) Intentionally left blank —Ed.

(a) The board may award a civil penalty to any person as a result of an unfair labor practice complaint hearing, in the aggregate amount of up to $1,000 per case, without regard to attorney fees, if:

(A) The complaint has been affirmed pursuant to subsection (2) of this section and the board finds that the person who has committed, or who is engaging, in an unfair labor practice has done so repetitively, knowing that the action taken was an unfair labor practice and took the action disregarding this knowledge, or that the action constituting the unfair labor practice was egregious; or

(B) The complaint has been dismissed pursuant to subsection (3) of this section, and that the complaint was frivolously filed, or filed with the intent to harass the other person, or both.

(b) Notwithstanding paragraph (a) of this subsection, if the board finds that a public employer named in the complaint violated ORS 243.670 (Prohibition of actions by public employer to assist, promote or deter union organizing) (2), the board shall impose a civil penalty equal to triple the amount of funds the public employer expended to assist, promote or deter union organizing.

(5) As used in subsections (1) to (4) of this section, “person” includes but is not limited to individuals, labor organizations, associations and public employers. [1973 c.536 §5; 1979 c.219 §1; 1983 c.504 §1; 1983 c.559 §1; 2013 c.663 §7; 2019 c.429 §12; 2019 c.439 §2]

Source: Section 243.676 — Processing of unfair labor practice complaints; civil penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 238a.115 — OR Code / Title 22 / Chapter 238a / Section 238a.115
238A.115 Vesting
Status: in_force

(1) Except as provided in subsection (2) of this section, a member of the pension program becomes vested in the pension program on the earliest of the following dates:

(a) The date on which the member completes at least 600 hours of service in each of five calendar years. The five calendar years need not be consecutive, but are subject to the provisions of subsection (3) of this section.

(b) The date on which an active member reaches the normal retirement age for the member under ORS 238A.160 (Normal retirement age) .

(c) If the pension program is terminated, the date on which termination becomes effective, but only to the extent the pension program is then funded.

(2) If on the date that a person becomes an active member the person has already reached the normal retirement age for the person under ORS 238A.160 (Normal retirement age) , the person is vested in the pension program on that date.

(3) If a member of the pension program who is not vested in the pension program performs fewer than 600 hours of service in each of five consecutive calendar years, hours of service performed before the first calendar year of the period of five consecutive calendar years shall be disregarded for purposes of determining whether the member is vested under subsection (1)(a) of this section.

(4) Solely for purposes of determining whether a member is vested under this section, hours of service include creditable service, as defined in ORS 238.005 (Definitions) , performed by a judge member, as long as the membership of the person under ORS chapter 238 has not been terminated under the provisions of ORS 238.545 (Withdrawal of member account) . [2003 c.733 §7; 2011 c.722 §10; 2018 c.41 §1]

Source: Section 238A.115 — Vesting , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238A.­html (accessed May 26, 2025).
ORS § 242.772 — OR Code / Title 22 / Chapter 242 / Section 242.772
242.772 Report of appointing power to commission
Status: in_force

Each appointing power shall:

(1) Report to the commission forthwith upon each appointment the name of the appointee, the title or character of the position to which the appointment is made, the date of beginning of service and the salary or compensation therefor.

(2) Report to the commission, on the date of official action or knowledge of each case, every change in the position of any person covered by 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) .

(3) Furnish such other information to the commission as may be required in order to keep the roster mentioned in ORS 242.774 (Civil service roster) . [1959 c.252 §20]

Source: Section 242.772 — Report of appointing power to commission , https://www.­oregonlegislature.­gov/bills_laws/ors/ors242.­html (accessed May 26, 2025).
ORS § 243.156 — OR Code / Title 22 / Chapter 243 / Section 243.156
243.156 Coverage of adult disabled children
Status: in_force

(1) If the Public Employees’ Benefit Board provides options under which an eligible employee may arrange coverage for family members under ORS 243.135 (Health benefit plans for eligible employees) , the board shall allow coverage of an adult disabled child of the eligible employee if:

(a) The eligible employee provides a statement from a physician certifying that the adult child has an ongoing disability that prevents the adult child from engaging in self-sustaining employment;

(b) The adult child was covered by a parent’s insurance immediately before the time the adult child exceeded the age for eligibility for coverage under the parent’s insurance; and

(c) Intentionally left blank —Ed.

(A) The eligible employee claims the adult child as a dependent of the eligible employee for tax purposes;

(B) The adult child files a tax return properly showing adjusted gross income that does not exceed 150 percent of the federal poverty level; or

(C) The eligible employee is the legal guardian of the employee’s adult child.

(2) As used in this section:

(a) “Disabled” means to have a developmental disability, mental illness or a physical disability that began prior to the age of 26 and that prevents an individual from engaging in self-sustaining employment.

(b) “Self-sustaining employment” means employment with annual earnings that exceed 150 percent of the federal poverty level. [2021 c.342 §2]

Note: 243.156 (Coverage of adult disabled children) was added to and made a part of 243.105 (Definitions for ORS 243.105 to 243.285) to 243.285 (Salary deductions) by legislative action but was not added to any other series. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 243.156 — Coverage of adult disabled children , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 241.425 — OR Code / Title 22 / Chapter 241 / Section 241.425
241.425 Tenure
Status: in_force

The tenure of a person holding a position under the provisions of ORS 241.016 (Definitions for ORS 241.016 to 241.990) to 241.990 (Penalties) shall continue only during good behavior. Any person may be dismissed for any of the following causes:

(1) Incompetency, inefficiency or inattention to or dereliction of duty.

(2) Dishonesty, intemperance, immoral conduct, insubordination or discourteous treatment of the public or of fellow employees.

(3) Any other willful failure of good conduct tending to injure the public service.

(4) Any willful violation of the provisions of ORS 241.016 (Definitions for ORS 241.016 to 241.990) to 241.990 (Penalties) or the rules or regulations adopted pursuant thereto.

Source: Section 241.425 — Tenure; causes for dismissal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors241.­html (accessed May 26, 2025).
ORS § 243.815 — OR Code / Title 22 / Chapter 243 / Section 243.815
243.815 Optional retirement plan for certain academic and administrative public university employees
Status: in_force

(1) Notwithstanding any provision of ORS chapter 238 or 238A or ORS 243.910 (Definitions for ORS 243.910 to 243.945) to 243.945 (Employees not eligible for assistance) , the governing board of a public university listed in ORS 352.002 (Public universities) shall establish and administer an Optional Retirement Plan for administrative and academic employees of the public university. The Optional Retirement Plan must be a qualified plan under the Internal Revenue Code, capable of accepting funds transferred under subsection (7) of this section without the transfer being treated as a taxable event under the Internal Revenue Code, and willing to accept those funds. Retirement and death benefits shall be provided under the plan by the purchase of annuity contracts, fixed or variable or a combination thereof, or by contracts for investments in mutual funds.

(2) An administrative or academic employee who is eligible to remain or become a member of the Public Employees Retirement System may elect to participate in the Optional Retirement Plan upon completion of:

(a) Six hundred hours of employment, or the equivalent as determined by the governing board; and

(b) Six months of employment that is not interrupted by more than 30 consecutive working days.

(3) An administrative or academic employee who is eligible to remain or become a member of the Public Employees Retirement System, including an administrative or academic employee who previously participated in the Optional Retirement Plan because of employment in a position classified as a post-doctoral scholar position under ORS 350.370 (Requirements for classification as post-doctoral scholar position) , may make an irrevocable election to participate in the Optional Retirement Plan within six months after being employed. An election under this subsection is effective on the first day of the month following the completion of the requirements of subsection (2) of this section.

(4) An administrative or academic employee who is eligible to remain or become a member of the Public Employees Retirement System and who does not elect to participate in the Optional Retirement Plan:

(a) Remains or becomes a member of the Public Employees Retirement System in accordance with ORS chapters 238 and 238A; or

(b) Continues to be assisted by the governing board under ORS 243.920 (Assisting employees to obtain supplemental benefits) if the employee is being so assisted.

(5) Except as provided in subsection (6) of this section, employees who elect to participate in the Optional Retirement Plan are ineligible for active membership in the Public Employees Retirement System or for any assistance by the governing board under ORS 243.920 (Assisting employees to obtain supplemental benefits) as long as those employees are employed in the public university and the plan is in effect.

(6) Intentionally left blank —Ed.

(a) An administrative or academic employee who elects to participate in the Optional Retirement Plan, who has creditable service under ORS chapter 238 as defined by ORS 238.005 (Definitions) and who is not vested shall be considered by the Public Employees Retirement Board to be a terminated member under the provisions of ORS 238.095 (Termination of membership) as of the effective date of the election, and the amounts credited to the member accounts of the member established under ORS 238.250 (Regular accounts) , 238.260 (Variable Annuity Account) , 238A.350 (Individual accounts established) and 238A.353 (Employee pension stability accounts established) shall be transferred directly to the Optional Retirement Plan by the Public Employees Retirement Board in the manner provided by subsection (7) of this section.

(b) An administrative or academic employee who elects to participate in the Optional Retirement Plan, who has creditable service under ORS chapter 238 as defined by ORS 238.005 (Definitions) and who is vested shall be considered to be an inactive member by the Public Employees Retirement Board and shall retain all the rights, privileges and options under ORS chapter 238 unless the employee makes a written request to the Public Employees Retirement Board for a transfer of the amounts credited to the member accounts of the member established under ORS 238.250 (Regular accounts) , 238.260 (Variable Annuity Account) , 238A.350 (Individual accounts established) and 238A.353 (Employee pension stability accounts established) to the Optional Retirement Plan. A request for a transfer must be made at the time the member elects to participate in the Optional Retirement Plan. Upon receiving the request, the Public Employees Retirement Board shall transfer all amounts credited to the member accounts of the member established under ORS 238.250 (Regular accounts) , 238.260 (Variable Annuity Account) , 238A.350 (Individual accounts established) and 238A.353 (Employee pension stability accounts established) directly to the Optional Retirement Plan in the manner provided by subsection (7) of this section, and shall terminate all rights, privileges and options of the employee under the Public Employees Retirement System.

(c) An administrative or academic employee who elects to participate in the Optional Retirement Plan and who is a member of the pension program of the Oregon Public Service Retirement Plan as described in ORS 238A.100 (Establishing membership under pension program) on the date that the election becomes effective, but who has not vested in the program under ORS 238A.115 (Vesting) on the date that the election becomes effective, shall be considered to be a terminated member of the Public Employees Retirement System by the Public Employees Retirement Board as of the effective date of the election. The board shall transfer the amounts credited to the member accounts of the member established under ORS 238A.350 (Individual accounts established) and 238A.353 (Employee pension stability accounts established) directly to the Optional Retirement Plan in the manner provided by subsection (7) of this section.

(d) An administrative or academic employee who elects to participate in the Optional Retirement Plan, and who is a vested member of the pension program of the Oregon Public Service Retirement Plan as described in ORS 238A.115 (Vesting) on the date that the election becomes effective, shall be considered an inactive member of the pension program by the Public Employees Retirement Board as of the effective date of the election. A member who is subject to the provisions of this paragraph retains all the rights, privileges and options of an inactive member of the pension program, unless the member makes a written request to the Public Employees Retirement Board for a transfer of the amounts credited to the member accounts of the member established under ORS 238A.350 (Individual accounts established) and 238A.353 (Employee pension stability accounts established) to the Optional Retirement Plan. The request must be made at the time the member elects to participate in the Optional Retirement Plan. Upon receiving the request, the Public Employees Retirement Board shall transfer the amounts credited to the member accounts of the member established under ORS 238A.350 (Individual accounts established) and 238A.353 (Employee pension stability accounts established) directly to the Optional Retirement Plan in the manner provided by subsection (7) of this section, and shall terminate the membership of the employee in the Public Employees Retirement System.

(e) Notwithstanding paragraphs (b) and (d) of this subsection, the Public Employees Retirement Board may not treat any employee as an inactive member under the provisions of this subsection for the purpose of receiving any benefit under ORS chapter 238 or 238A that requires that the employee be separated from all service with participating public employers and with employers who are treated as part of a participating public employer’s controlled group under the federal laws and rules governing the status of the Public Employees Retirement System and the Public Employees Retirement Fund as a qualified governmental retirement plan and trust.

(7) Any amounts transferred from the Public Employees Retirement Fund under subsection (6) of this section shall be transferred directly to the Optional Retirement Plan by the Public Employees Retirement Board and may not be made available to the employee.

(8) An employee participating in the Optional Retirement Plan who was hired before July 1, 2014, shall contribute monthly an amount equal to the percentage of the employee’s salary that the employee would otherwise have contributed as an employee contribution to the Public Employees Retirement System if the employee had not elected to participate in the Optional Retirement Plan.

(9) For an employee participating in the Optional Retirement Plan who was hired before July 1, 2014, the governing board shall contribute monthly to the Optional Retirement Plan the percentage of salary of the employee equal to the percentage of salary that would otherwise have been contributed as an employer contribution on behalf of the employee to the Public Employees Retirement System, before any offset under ORS 238.229 (Effect of lump sum payment to side account on contributions of pooled employer) (2), if the employee had not elected to participate in the Optional Retirement Plan.

(10) For an employee participating in the Optional Retirement Plan who was hired on or after July 1, 2014, the governing board shall contribute monthly to the Optional Retirement Plan:

(a) Eight percent of the employee’s salary; and

(b) A percentage of the employee’s salary equal to the percentage of salary contributed by the employee to the public university’s Tax-Deferred Investment 403(b) Plan under ORS 243.820 (Agreement for payment of annuity premium or investment in stock of regulated investment company) , up to four percent of the employee’s salary in each pay period.

(11) Intentionally left blank —Ed.

(a) Unless otherwise prohibited by law, a person employed in a position classified as a post-doctoral scholar position under ORS 350.370 (Requirements for classification as post-doctoral scholar position) is an academic employee under subsection (1) of this section and becomes a participant in the Optional Retirement Plan when the person participates in the public university’s Tax-Deferred Investment 403(b) Plan under ORS 243.820 (Agreement for payment of annuity premium or investment in stock of regulated investment company) .

(b) Participation in the Optional Retirement Plan under this subsection becomes effective on the first day of the month following the later of:

(A) Enrollment in the public university’s Tax-Deferred Investment 403(b) Plan under ORS 243.820 (Agreement for payment of annuity premium or investment in stock of regulated investment company) ; or

(B) Completion of:

(i) Six hundred hours of employment, or the equivalent as determined by the governing board; and

(ii) Six months of employment that is not interrupted by more than 30 consecutive working days.

(c) For a post-doctoral scholar participating in the Optional Retirement Plan, the governing board shall contribute monthly to the Optional Retirement Plan a percentage of the post-doctoral scholar’s salary equal to the percentage of salary contributed by the post-doctoral scholar to the public university’s Tax-Deferred Investment 403(b) Plan under ORS 243.820 (Agreement for payment of annuity premium or investment in stock of regulated investment company) , up to four percent of the post-doctoral scholar’s salary in each pay period.

(d) A post-doctoral scholar is an academic employee who elects to participate in the Optional Retirement Plan for purposes of subsection (6) of this section.

(e) Subsections (8) to (10) of this section do not apply to a post-doctoral scholar participating in the Optional Retirement Plan.

(12) Both employee and employer contributions to an Optional Retirement Plan shall be remitted directly to the companies that have issued annuity contracts to the participating employees or directly to the mutual funds.

(13) Benefits under the Optional Retirement Plan are payable to employees who elect to participate in the plan and their beneficiaries by the selected annuity provider or mutual fund in accordance with the terms of the annuity contracts or the terms of the contract with the mutual fund. Employees electing to participate in the Optional Retirement Plan agree that benefits payable under the plan are not obligations of the State of Oregon or of the Public Employees Retirement System. [Formerly 243.800]

Note: 243.815 (Optional retirement plan for certain academic and administrative public university employees) was added to and made a part of ORS chapter 243 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

TAX-SHELTERED ANNUITIES FOR EDUCATIONAL EMPLOYEES

Source: Section 243.815 — Optional retirement plan for certain academic and administrative public university employees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 240.210 — OR Code / Title 22 / Chapter 240 / Section 240.210
240.210 Classified service
Status: in_force

The classified service comprises all positions in the state service existing on June 16, 1945, or thereafter created and which are not listed in ORS 240.200 (Exempt service) , 240.205 (Unclassified service) or 240.212 (Management service) . [Amended by 1955 c.738 §7; 1981 c.409 §2]

Source: Section 240.210 — Classified service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors240.­html (accessed May 26, 2025).
ORS § 241.455 — OR Code / Title 22 / Chapter 241 / Section 241.455
241.455 Order is final if unanimous
Status: in_force

No final judgment or order of removal, discharge, suspension or demotion made with the unanimous consent of the commission pursuant to ORS 241.450 (Orders of commission on review of investigation) shall be subject to review by any tribunal.

Source: Section 241.455 — Order is final if unanimous , https://www.­oregonlegislature.­gov/bills_laws/ors/ors241.­html (accessed May 26, 2025).
ORS § 238.470 — OR Code / Title 22 / Chapter 238 / Section 238.470
238.470 Interest on payments from fund
Status: in_force

Interest is not payable on any payment from the Public Employees Retirement Fund unless specifically provided for in this chapter. [Formerly 237.202]

Source: Section 238.470 — Interest on payments from fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 238.364 — OR Code / Title 22 / Chapter 238 / Section 238.364
238.364 Calculation of increased benefit payable under ORS 238.362
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 employee contributions, the greater of the percentage increase calculated under ORS 238.366 (Retirement allowance increase based on years of service) or a percentage increase calculated under subsection (4) of this section. No benefit shall be paid to a member or beneficiary under ORS 238.366 (Retirement allowance increase based on years of service) if the benefit payable to the member or beneficiary under this section is larger than the benefit payable under ORS 238.366 (Retirement allowance increase based on years of service) .

(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 the greater of the percentage provided for in ORS 238.366 (Retirement allowance increase based on years of service) or the percentage calculated under subsection (4) of this section.

(3) Intentionally left blank —Ed.

(a) A member of the system who elects to receive a lump sum in lieu of a retirement allowance or other benefit under ORS 238.315 (Lump sum payment in lieu of small allowance) shall receive an increase based on the greater of the percentage provided for in ORS 238.366 (Retirement allowance increase based on years of service) or the percentage calculated under 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 in the fund 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 greater of the percentage provided for in ORS 238.366 (Retirement allowance increase based on years of service) or the percentage calculated 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 Public Employees Retirement Board shall calculate a multiplier for the purposes of this section equal to the percentage produced by the following formula:

(b) Upon the retirement or death of a member of the system, the board shall determine the fraction of the member’s retirement allowance or death benefit, including any refund or lump sum payment, that is attributable to service rendered by the member before October 1, 1991. The board shall then calculate a percentage that is equal to that fraction multiplied by the multiplier determined by the board under paragraph (a) of this subsection. The percentage so calculated shall be used to determine the amount of the increase in benefits provided to a member, if any, under this section.

(5) For the purpose of determining that portion of a retirement allowance or death benefit attributable to service rendered before October 1, 1991, the board shall divide the number of years of creditable service performed before October 1, 1991, by the total number of years of creditable service during which the pension income was earned. For the purposes of this subsection:

(a) The number of years of creditable service does not include any period of employment for which a benefit is paid for prior service credit.

(b) Except as provided in subsection (7) of this section, the number of years of creditable service includes all retirement credit of the member, and any retirement credit of a member that is attributable to periods of service, employment or other activity performed before October 1, 1991, shall be considered creditable service performed before October 1, 1991.

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

(7) The increased benefits provided by this section apply only to members who establish membership in the Public Employees Retirement System before July 14, 1995, 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.

(8) 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.

(9) A person establishes membership in the system before July 14, 1995, for the purposes of subsection (7) of this section if:

(a) The person is a member of the system, or a judge member of the system, on July 14, 1995;

(b) The person was a member of the system before July 14, 1995, ceased to be a member of the system under the provisions of ORS 238.095 (Termination of membership) , 238.265 (Withdrawal of member account) or 238.545 (Withdrawal of member account) before July 14, 1995, but restores part or all of the forfeited creditable service from before July 14, 1995, under the provisions of 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) after July 14, 1995; or

(c) The person performed any period of service for a participating public employer before July 14, 1995, that is credited to the six-month period of employment required of an employee under ORS 238.015 (Membership generally) before an employee may become a member of the system. [Formerly 238.380; 2023 c.404 §7]

Source: Section 238.364 — Calculation of increased benefit payable under ORS 238.362 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 240.563 — OR Code / Title 22 / Chapter 240 / Section 240.563
240.563 Judicial review
Status: in_force

Judicial review of orders under ORS 240.560 (Appeal procedure) shall be as provided in ORS chapter 183. [1971 c.734 §31]

Source: Section 240.563 — Judicial review , https://www.­oregonlegislature.­gov/bills_laws/ors/ors240.­html (accessed May 26, 2025).
ORS § 242.796 — OR Code / Title 22 / Chapter 242 / Section 242.796
242.796 Grounds for dismissal, demotion, suspension or deprivation of special privileges
Status: in_force

(1) The tenure of persons subject to civil service shall continue during good behavior and such persons may be dismissed, demoted, suspended without pay or deprived of special privileges only for the following causes:

(a) Incompetency, inefficiency or inattention to or dereliction of duty.

(b) Dishonesty, intemperance, addiction to drugs or controlled substances, immoral conduct, insubordination or discourteous treatment of the public or of fellow employees.

(c) Any other willful failure of good conduct tending to injure the public service.

(d) Any willful violation of 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) or the rules or regulations adopted 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) .

(e) Conviction of a felony or a misdemeanor involving moral turpitude.

(f) The willful giving of false information or withholding information, with intent to deceive, when making application for entrance.

(2) No person shall be dismissed, demoted, suspended without pay or deprived of special privileges for political, racial or religious reasons. [1959 c.252 §36; 1979 c.744 §12; 1997 c.359 §3]

Source: Section 242.796 — Grounds for dismissal, demotion, suspension or deprivation of special privileges , https://www.­oregonlegislature.­gov/bills_laws/ors/ors242.­html (accessed May 26, 2025).
ORS § 238.430 — OR Code / Title 22 / Chapter 238 / Section 238.430
238.430 Limitation on benefits payable to persons establishing membership on or after January 1, 1996
Status: in_force

(1) Notwithstanding any other provisions of this chapter, a person who establishes membership in the Public Employees Retirement System on or after January 1, 1996, is entitled to receive only the benefits provided under ORS 238.435 (Provisions applicable to persons establishing membership on or after January 1, 1996) for periods of service with participating public employers after January 1, 1996, and has no right or claim to any other benefit provided under this chapter. A person who establishes membership in the Public Employees Retirement System before January 1, 1996, is entitled to receive those benefits otherwise provided by this chapter, and is not subject to the provisions of ORS 238.435 (Provisions applicable to persons establishing membership on or after January 1, 1996) .

(2) A person establishes membership in the system before January 1, 1996, for the purposes of this section if:

(a) The person is a member of the system, or a judge member of the system, on January 1, 1996;

(b) The person was a member of the system before January 1, 1996, ceased to be a member of the system under the provisions of ORS 238.095 (Termination of membership) , 238.265 (Withdrawal of member account) or 238.545 (Withdrawal of member account) before January 1, 1996, but restored part or all of the forfeited creditable service from before January 1, 1996, under the provisions of 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) after January 1, 1996;

(c) The person performed any period of service for a participating public employer before January 1, 1996, that is credited to the six-month period of employment required of an employee under ORS 238.015 (Membership generally) before an employee may become a member of the system; or

(d) The person becomes a member of the system under the terms of an integration contract pursuant to the terms of ORS 238.680 (Integration of other retirement systems) , and under the terms of the contract the person receives retirement credit in the system for periods of employment performed for the public employer before January 1, 1996.

(3) The provisions of ORS 238.435 (Provisions applicable to persons establishing membership on or after January 1, 1996) do not apply to judge members of the system. [1995 c.654 §2; 1997 c.175 §12; 2005 c.22 §176]

Source: Section 238.430 — Limitation on benefits payable to persons establishing membership on or after January 1, 1996 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 237.600 — OR Code / Title 22 / Chapter 237 / Section 237.600
237.600 Payment to alternate payee
Status: in_force

(1) Notwithstanding any other provision of law, payment of any pension, annuity, retirement allowance, disability benefit, death benefit, refund benefit or other benefit under any public employer retirement plan other than the Public Employees Retirement System that would otherwise be made to a person entitled to benefits under the plan shall be paid, in whole or in part, 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. Notwithstanding any other provisions 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, available to the member under the public employer retirement plan, 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 purposes of measuring payments to the alternate payee under the form of benefit selected by the alternate payee.

(d) That death benefits 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) Subsection (1) of this section applies only to payments made by the public employer retirement plan after the date of receipt by the administrators of the plan of written notice of the judgment, order or agreement and such additional information and documentation as the plan administrators may prescribe.

(4) Intentionally left blank —Ed.

(a) A judgment, order or agreement providing for payment to an alternate payee under subsection (1) of this section may not provide for payment to an alternate payee of:

(A) Any disability payments provided to a member of a public employer retirement plan in lieu of workers’ compensation benefits pursuant to ORS 656.027 (Who are subject workers) (6), to the extent those payments are to be made before the member attains 55 years of age; or

(B) Any medical or hospital benefits payable to a member as part of a disability benefit provided to a member of a public employer retirement plan in lieu of workers’ compensation benefits pursuant to ORS 656.027 (Who are subject workers) (6), regardless of the member’s age.

(b) Paragraph (a) of this subsection does not prevent a court from considering the disability payments described in that paragraph in making a division of property pursuant to ORS 107.105 (Provisions of judgment) or an award of support.

(5) Any public employer or public employer retirement plan that is required by the provisions of this section to make a payment to some person other than a member of the retirement plan offered by the public employer shall charge and collect out of the benefits payable to the member and the other person actual and reasonable administrative expenses and related costs incurred by the public employer or public employer retirement plan in obtaining data and making calculations that are necessary by reason of the provisions of this section. A public employer or public employer retirement plan may not charge more than $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. A public employer or public employer retirement plan that charges and collects administrative expenses and related costs under the provisions of this subsection shall allocate those expenses between the member of the retirement plan and any other person receiving a benefit from the plan based on the fraction of the benefit received by the member or person.

(6) As used in this section:

(a) “Court” means any court of appropriate jurisdiction of this or any other state or of the District of Columbia.

(b) “Member” means a person entitled to a benefit from a public employer retirement plan.

(c) “Public employer” means the state, one of its agencies, any city, county, municipal or public corporation, any political subdivision of the state or any instrumentality thereof, or an agency created by two or more such political subdivisions to provide themselves governmental services.

(d) “Public employer retirement plan” means any system, program, annuity, contract or other plan established by a public employer for the purpose of providing a pension, annuity, retirement allowance or disability benefit to officers or employees of the public employer. [1993 c.715 §2; 2003 c.576 §403; 2015 c.506 §3]

Source: Section 237.600 — Payment to alternate payee; provisions of judgment, order or settlement; administrative expenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors237.­html (accessed May 26, 2025).
ORS § 242.726 — OR Code / Title 22 / Chapter 242 / Section 242.726
242.726 Investigation by commission of abuses
Status: in_force

(1) When any resident of the political subdivision or any person subject to civil service alleges in a verified petition that an abuse or abuses of 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) exist, the commission shall:

(a) Investigate the enforcement and effect of the provisions of and the regulations prescribed 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) .

(b) Inspect all positions affected by 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) , cited by the petition.

(c) Ascertain whether 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) and the regulations are being obeyed.

(d) Make a public report upon all matters investigated 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) The commission may, upon its own initiative, make any investigation which it deems advisable. [1959 c.252 §15; 1989 c.171 §33]

Source: Section 242.726 — Investigation by commission of abuses; report of investigation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors242.­html (accessed May 26, 2025).
ORS § 244.355 — OR Code / Title 22 / Chapter 244 / Section 244.355
244.355 Failure to file trading statement
Status: in_force

A person who intentionally fails to file a complete and accurate statement under ORS 244.055 (Additional reporting requirements for State Treasury) commits a Class C felony. [2007 c.865 §31]

Source: Section 244.355 — Failure to file trading statement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors244.­html (accessed May 26, 2025).
ORS § 243.950 — OR Code / Title 22 / Chapter 243 / Section 243.950
243.950 Public Safety Memorial Fund
Status: in_force

The Public Safety Memorial Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned, if any, shall inure to the benefit of the Public Safety Memorial Fund. All moneys deposited in the fund are continuously appropriated to the Department of Public Safety Standards and Training for the purposes of ORS 243.954 (Definitions for ORS 243.954 to 243.974) to 243.974 (Designation of beneficiary form) , to be expended by the Public Safety Memorial Fund Board, established by ORS 243.952 (Public Safety Memorial Fund Board) , as provided in ORS 243.954 (Definitions for ORS 243.954 to 243.974) to 243.974 (Designation of beneficiary form) . However, the board may not expend more than $60,000 per biennium of the moneys for administrative costs of the board incurred under ORS 243.954 (Definitions for ORS 243.954 to 243.974) to 243.974 (Designation of beneficiary form) . [1999 c.981 §3]

Note: 243.950 (Public Safety Memorial Fund) to 243.974 (Designation of beneficiary form) 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 243.950 — Public Safety Memorial Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 241.020 — OR Code / Title 22 / Chapter 241 / Section 241.020
241.020 Counties subject to ORS 241.016 to 241.990
Status: in_force

Except as provided in ORS 241.002 (Creating or changing county civil service by election) the provisions of ORS 241.016 (Definitions for ORS 241.016 to 241.990) to 241.990 (Penalties) apply to all counties of this state having a population of 500,000 persons or more. [Formerly 241.005; 1991 c.656 §1]

Source: Section 241.020 — Counties subject to ORS 241.016 to 241.990 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors241.­html (accessed May 26, 2025).
ORS § 243.945 — OR Code / Title 22 / Chapter 243 / Section 243.945
243.945 Employees not eligible for assistance
Status: in_force

Notwithstanding ORS 243.910 (Definitions for ORS 243.910 to 243.945) to 243.945 (Employees not eligible for assistance) , any person who is hired on or after September 9, 1995, is not eligible to be assisted by the board under the provisions of ORS 243.910 (Definitions for ORS 243.910 to 243.945) to 243.945 (Employees not eligible for assistance) . [1995 c.600 §4; 2015 c.767 §70]

Source: Section 243.945 — Employees not eligible for assistance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 237.956 — OR Code / Title 22 / Chapter 237 / Section 237.956
237.956 Director and staff
Status: in_force

The board shall employ a director whose duties shall be as hereinafter provided. All ministerial duties required in the administration of ORS 237.414 (Extension of federal Social Security benefits to employees of state and certain political subdivisions) and 237.950 (Pre-1953 Public Employees Retirement System abolished) to 237.980 (Rights and moneys exempt from taxation, execution and bankruptcy and are unassignable) shall be performed by the director and by employees under the direction of the director. The director shall hold the position during the pleasure of the board and shall furnish such bond as required by the board. The board shall also designate an employee to perform duties in the absence of the director. [1953 c.180 §10; 1973 c.704 §18]

Source: Section 237.956 — Director and staff , https://www.­oregonlegislature.­gov/bills_laws/ors/ors237.­html (accessed May 26, 2025).
ORS § 243.555 — OR Code / Title 22 / Chapter 243 / Section 243.555
243.555 Definitions for ORS 243.555 to 243.575
Status: in_force

As used in ORS 243.555 (Definitions for ORS 243.555 to 243.575) to 243.575 (Computation of retirement and pension benefits) :

(1) “Expense reimbursement plan” means a plan established by the Public Employees’ Benefit Board in accordance with state and federal tax laws to reimburse qualified employee expenses.

(2) “Payroll disbursing officer” means the state officer or official authorized to disburse moneys in payment of salaries and wages of employees of a state agency.

(3) “Qualified employee expenses” includes expenses for dependent care, medical expenses, insurance premiums and any other expenses qualified for tax free reimbursement under the federal Internal Revenue Code.

(4) “State agency” means every state officer, board, commission, department or other activity of state government. [1987 c.621 §2; 1997 c.222 §46]

Note: See note under 243.550 (Dependent care assistance plan) .

Source: Section 243.555 — Definitions for ORS 243.555 to 243.575 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 243.302 — OR Code / Title 22 / Chapter 243 / Section 243.302
243.302 Grouping retired and nonretired employees for health insurance coverage
Status: in_force

The Public Employees’ Benefit Board may group retired state employees and state employees who are not retired for the purpose of entering into contracts for health insurance coverage. [1991 c.969 §1; 1997 c.222 §42]

Note: 243.302 (Grouping retired and nonretired employees for health insurance coverage) 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 243.302 — Grouping retired and nonretired employees for health insurance coverage , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 241.260 — OR Code / Title 22 / Chapter 241 / Section 241.260
241.260 Classified civil service vacancies
Status: in_force

Whenever there is a vacancy in any position in the classified civil service, the appointing power shall immediately notify the commission thereof. The commission shall thereupon certify to the appointing power the names and addresses of the three eligible candidates standing highest upon the register for the classification or grade to which such position belongs. If there are fewer than three, the commission shall certify all candidates upon the register. When vacancies exist in two or more positions of the same classification in the same department at the same time, the commission shall certify at least two candidates for each position, but those certified must be the eligible candidates standing highest upon the register. The appointing power may require the candidates so certified to come before the appointing power, and the appointing power may inspect their examination papers. The regulations for certification of applicants for promotion shall, as near as may be, follow the regulations governing the certification of applicants for original appointment. [Amended by 2005 c.22 §183]

Source: Section 241.260 — Classified civil service vacancies; certification of candidates for vacancies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors241.­html (accessed May 26, 2025).
ORS § 243.015 — OR Code / Title 22 / Chapter 243 / Section 243.015
243.015 Life insurance for police and firefighters
Status: in_force

The Oregon Department of Administrative Services shall enter into a contract with an insurance company licensed to do business in this state to purchase insurance as described in ORS 243.025 (Issuance of $10,000 life insurance certificate) for all police officers and firefighters in the service of public employers. [1971 c.692 §7; 1973 c.409 §1; 1991 c.67 §62]

Source: Section 243.015 — Life insurance for police and firefighters , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 238a.340 — OR Code / Title 22 / Chapter 238a / Section 238a.340
238A.340 Employer contributions
Status: in_force

(1) A participating public employer may agree, by a written employment policy or agreement, to make employer contributions for members of the individual account program employed by the employer. The percentage of salary paid as employer contributions may not be less than one percent of salary or more than six percent of salary, and must be a whole number. A participating public employer may make an agreement under this section for specific groups of employees employed by the public employer.

(2) If a participating public employer makes employer contributions under this section and the member for which the contributions are made fails to vest in the employer account under the provisions of ORS 238A.320 (Vesting) , the Public Employees Retirement Board shall apply the contributions in the employer account against other obligations of the employer under the Oregon Public Service Retirement Plan.

(3) The board may charge a participating public employer accrued earnings for late payment of employer contributions made under this section. [2003 c.733 §36; 2021 c.137 §3]

Source: Section 238A.340 — Employer contributions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238A.­html (accessed May 26, 2025).
ORS § 240.015 — OR Code / Title 22 / Chapter 240 / Section 240.015
240.015 Definitions
Status: in_force

As used in this chapter, unless the context clearly requires otherwise:

(1) “Administrator” means the Administrator of the Personnel Division.

(2) “Appointing authority” means an officer or agency having power to make appointments to positions in the state service.

(3) “Board” means the Employment Relations Board.

(4) “Class” or “classification” means a group of positions in the state classified service sufficiently alike in duties, authority and responsibilities that the same qualifications may reasonably be required for, and the same schedule of pay can be equitably applied to, all positions in the group.

(5) “Division” means, except in the phrase “division of the service,” the Personnel Division referred to in ORS 240.055 (Personnel Division) .

(6) “Division of the service” means a state department or any division or branch thereof, any agency of the state government, or any branch of the state service, all the positions in which are under the same appointing authority.

(7) “Job-sharing position” means a full-time position in the classified service that is classified as one that may be held by more than one individual on a shared time basis whereby the individuals holding the position work less than full-time.

(8) “Regular employee” means an employee who has been appointed to a position in the classified service in accordance with this chapter after completing the trial service period.

(9) “State service” means all offices and positions in the employ of the state other than those of commissioned, warrant and enlisted personnel in the military and naval services thereof. However, as provided in ORS 396.330 (Employees of military department) , the term includes members of the Oregon National Guard or Oregon Civil Defense Force who are not serving pursuant to provisions of Title 10 or 32 of the United States Code and who are employed as state employees in the Oregon Military Department. [Amended by 1959 c.690 §1; 1969 c.80 §30; 1975 c.147 §9; 1979 c.302 §4; 1979 c.468 §4a; 1995 c.114 §1; 2005 c.22 §182; 2017 c.472 §2]

Source: Section 240.015 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors240.­html (accessed May 26, 2025).
ORS § 243.035 — OR Code / Title 22 / Chapter 243 / Section 243.035
243.035 Premiums and administrative costs to be budgeted and paid by public employers
Status: in_force

(1) The premiums and administrative costs incurred by the Oregon Department of Administrative Services for the insurance provided for in ORS 243.005 (Definitions for ORS 243.005 to 243.045) to 243.045 (Police and firefighters considered common group for certain purposes) shall be paid by the affected public employers and shall not come from funds of the Public Employees Retirement System.

(2) Every public employer shall include in its budget amounts sufficient to pay the annual premiums accruing on the policies of insurance issued pursuant to ORS 243.005 (Definitions for ORS 243.005 to 243.045) to 243.045 (Police and firefighters considered common group for certain purposes) , and amounts sufficient to reimburse the Oregon Department of Administrative Services for its administrative expenses incurred under ORS 243.005 (Definitions for ORS 243.005 to 243.045) to 243.045 (Police and firefighters considered common group for certain purposes) . [Subsection (1) enacted as 1971 c.692 §9; subsection (2) enacted as 1971 c.692 §10]

Source: Section 243.035 — Premiums and administrative costs to be budgeted and paid by public employers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 243.920 — OR Code / Title 22 / Chapter 243 / Section 243.920
243.920 Assisting employees to obtain supplemental benefits
Status: in_force

(1) The board may, in its discretion, assist its employees who are members of the Public Employees Retirement System and who elect to be so assisted by filing an election as provided in ORS 243.940 (Employee election) , in the purchase of retirement benefits supplementing the benefits to which those employees are entitled under the system. For this purpose the board and its employees may enter into contracts with one or more life insurance or annuity companies.

(2) Each employee who elects to be assisted under subsection (1) of this section shall, as a condition to such election, either:

(a) Agree to contribute through payroll deductions toward the purchase of the supplementary retirement benefits a percentage of the annual salary of the employee in excess of $4,800 equal to the percentage rate applicable to contributions made by the employee under the system, the amounts deducted from payrolls as employee contributions to be paid promptly by the board to the life insurance or annuity company in accordance with the terms of the applicable contract; or

(b) Agree either to a reduction in salary or to the forgoing of a salary increase in accordance with ORS 243.820 (Agreement for payment of annuity premium or investment in stock of regulated investment company) , in an amount not less than the amount otherwise required to be contributed under paragraph (a) of this subsection. [1965 c.297 §2(1), (2); 1969 c.626 §1]

Source: Section 243.920 — Assisting employees to obtain supplemental benefits; employee contribution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 240.395 — OR Code / Title 22 / Chapter 240 / Section 240.395
240.395 Suspension of merit system in emergencies
Status: in_force

(1) In the event of emergency or abnormal employment conditions due to disaster, national defense, war or conflict in which the Armed Forces of the United States are participating and because of which Oregon citizens are subject to induction into the Armed Forces, if a critical shortage of persons available and employable to fill positions and discharge duties in the classified service results, and the Personnel Division so finds and the Governor so certifies, the examination, certification and appointment procedures required by law shall be suspended for the duration of the emergency as to all or any classes of positions in which there is a shortage of employees.

(2) When the division determines that the emergency or abnormal condition no longer exists, and the Governor so certifies, the regular examination, certification and employment procedures shall be reestablished. Temporary appointments made with the approval of the division during the emergency period shall terminate 90 days after the date of establishment of eligible lists for positions to which temporary appointments have been made. [Amended by 1969 c.80 §68]

Source: Section 240.395 — Suspension of merit system in emergencies; reinstatement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors240.­html (accessed May 26, 2025).
ORS § 238.156 — OR Code / Title 22 / Chapter 238 / Section 238.156
238.156 Contributions, benefits and retirement credit for periods of service in uniformed services or Armed Forces
Status: in_force

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

(2) The board shall adopt rules establishing contributions, benefits and service credit for any period of service in the uniformed services by an employee described in subsection (1) of this section. For the purpose of adopting rules under this subsection, the board shall consider and take into account all federal law relating to contributions, benefits and service credit for any period of service in the uniformed services. Contributions, benefits and service credit under rules adopted by the board pursuant to this subsection may not exceed contributions, benefits and service credit required under federal law for periods of service in the uniformed services.

(3) Subject to subsection (4) of this section, an employee who leaves a qualifying position for the purpose of entering or reentering active service in the Armed Forces shall acquire retirement credit for the period during which the employee served in the Armed Forces if:

(a) The employee returns to the service of the employer who employed the employee immediately before commencing service in the Armed Forces in a qualifying position;

(b) The employee returns to that employment within one year after being otherwise than dishonorably discharged from the Armed Forces and within five years after the date that the employee entered or reentered active service in the Armed Forces; and

(c) After returning to employment and before retirement, the employee pays to the Public Employees Retirement Board in a lump sum six percent of the salary that would have been paid to the member during the period of military service in the Armed Forces based on the employee’s salary rate at the time the employee entered or reentered the Armed Forces, as though the employee had remained in the employment of the employer. Any lump sum contribution made under this paragraph shall be added to the employee’s regular account and in all respects shall be considered as though made by payroll deduction.

(4) An employee may not receive benefits under both subsections (1) and (3) of this section for the same period of service in the Armed Forces or uniformed services. If an employee is entitled to benefits under both subsections (1) and (3) of this section by the terms of those provisions, the employee shall receive benefits under the subsection that provides the greater benefit.

(5) For the purposes of this section:

(a) “Armed Forces” means the Army, Navy, Air Force, Marine Corps and Coast Guard.

(b) “Uniformed services” means:

(A) The Armed Forces;

(B) The Army National Guard or the Air National Guard when the employee is engaged in active duty for training, inactive duty for training or full-time National Guard duty;

(C) The commissioned corps of the United States Public Health Service;

(D) The commissioned corps of the National Oceanic and Atmospheric Administration; and

(E) Any other category of persons designated by the President of the United States in time of war or national emergency. [1997 c.175 §2 (enacted in lieu of 238.155); 2001 c.945 §42; 2003 c.625 §21; 2003 c.733 §51a; 2005 c.152 §8; 2017 c.641 §1]

Source: Section 238.156 — Contributions, benefits and retirement credit for periods of service in uniformed services or Armed Forces; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 238.600 — OR Code / Title 22 / Chapter 238 / Section 238.600
238.600 System established
Status: in_force

(1) A system of retirement and of benefits at retirement or death for employees of public employers hereby is established and shall be known as the Public Employees Retirement System. The Public Employees Retirement System consists of this chapter and ORS chapter 238A. It is the intent of the Legislative Assembly that the system be qualified and maintained under sections 401(a), 414(d) and 414(k) of the Internal Revenue Code as a tax-qualified defined benefit governmental plan.

(2) If the Public Employees Retirement System is terminated, or if contributions may no longer be made to the system, each member of the system has a nonforfeitable right to the benefits that the member has accrued as of the date of the termination, or as of the date that contributions may no longer be made to the system, to the extent that those benefits are funded. [Formerly 237.005; 1997 c.121 §2; 1999 c.317 §9; 2003 c.733 §55a; 2005 c.808 §1]

Source: Section 238.600 — System established; legislative intent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 243.736 — OR Code / Title 22 / Chapter 243 / Section 243.736
243.736 Strikes by deputy district attorneys, assistant attorneys general and certain emergency and public safety personnel
Status: in_force

(1) It is unlawful for any of the following public employees to strike or recognize a picket line of a labor organization while in the performance of official duties:

(a) Assistant attorneys general;

(b) Deputy district attorneys;

(c) Emergency communications worker;

(d) Employee of the Oregon Youth Authority who has custody, control or supervision of adjudicated youths;

(e) Firefighter;

(f) Guard at a correctional institution or mental hospital;

(g) Parole and probation officer who supervises adult offenders; and

(h) Police officer.

(2) As used in this section, “emergency communications worker” means an individual whose official focal duties are receiving information through the emergency communications system under ORS 403.105 (Definitions for ORS 305.823 and 403.105 to 403.250) to 403.250 (Primary public safety answering points) , relaying the information to public or private safety agencies or dispatching emergency equipment or personnel in response to the information. [1973 c.536 §17; 1985 c.232 §1; 1989 c.793 §20; 2003 c.216 §1; 2007 c.646 §1; 2009 c.376 §1; 2015 c.247 §33; 2019 c.242 §1; 2021 c.489 §24]

Source: Section 243.736 — Strikes by deputy district attorneys, assistant attorneys general and certain emergency and public safety personnel , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 243.954 — OR Code / Title 22 / Chapter 243 / Section 243.954
243.954 Definitions for ORS 243.954 to 243.974
Status: in_force

As used in ORS 243.954 (Definitions for ORS 243.954 to 243.974) to 243.974 (Designation of beneficiary form) :

(1) “Child” means a person who is a natural child, adopted child or stepchild of a public safety officer and who is:

(a) 18 years of age or younger;

(b) 18 through 22 years of age and enrolled as a full-time undergraduate student; or

(c) 18 years of age or older and incapable of self-support due to a physical or mental disability.

(2) “Designee” means a person designated under ORS 243.974 (Designation of beneficiary form) (1).

(3) “Family member” means:

(a) The spouse of a public safety officer.

(b) A child of a public safety officer.

(c) A person who qualifies as a dependent of a public safety officer for state income tax purposes.

(4) “Permanent total disability” has the meaning given that term in ORS 656.206 (Permanent total disability) .

(5) “Public safety officer” means:

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

(b) Fire service professionals, as defined in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689) , and includes volunteer firefighters as defined in ORS 652.050 (Definitions for ORS 652.050 to 652.080) .

(c) Parole and probation officers, as defined in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689) .

(d) Police officers, as defined in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689) , and includes reserve officers, as defined in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689) .

(e) Regulatory specialists as defined in ORS 471.001 (Definitions for ORS chapters 471 and 473) .

(f) Youth correction officers, as defined in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689) .

(6) “Qualifying death or disability” means death or permanent total disability suffered by a public safety officer while on or off duty that is:

(a) The result of an injury or occupational disease that is compensable under ORS chapter 656 or a disability program provided by a city having a population of more than 200,000 that provides comparable benefits by ordinance or charter; or

(b) The direct or proximate result of:

(A) An enforcement action, an emergency response or public safety training for an enforcement action or emergency response that the public safety officer is authorized or obligated to perform by law, rule, regulation or condition of employment or service; or

(B) An act committed against the public safety officer because of the public safety officer’s position as a public safety officer. [1999 c.981 §4; 2001 c.493 §3; 2003 c.295 §1; 2007 c.378 §1; 2015 c.236 §1; 2023 c.212 §1]

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

Source: Section 243.954 — Definitions for ORS 243.954 to 243.974 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 238a.422 — OR Code / Title 22 / Chapter 238a / Section 238a.422
238A.422 Limitation of liability
Status: in_force

The state, the State Treasurer, the Oregon Investment Council and the Public Employees Retirement Board, and their officers or employees, are not liable in a civil action or otherwise, for any losses suffered by a member because of a member’s election of an investment option under ORS 238A.420 (Investment options under individual account program) . [2019 c.355 §32]

Source: Section 238A.422 — Limitation of liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238A.­html (accessed May 26, 2025).
ORS § 238.361 — OR Code / Title 22 / Chapter 238 / Section 238.361
238.361 Consumer price index for calculation of cost-of-living adjustments
Status: in_force

When the Public Employees Retirement Board is required to use a consumer price index to calculate cost-of-living adjustments to benefits payable under ORS chapter 238 or 238A, the board shall use 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. [2019 c.57 §40]

Source: Section 238.361 — Consumer price index for calculation of cost-of-living adjustments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 236.040 — OR Code / Title 22 / Chapter 236 / Section 236.040
236.040 Leave of absence for Peace Corps volunteer
Status: in_force

(1) As used in this section:

(a) “Public officer or employee” means any person who renders service to and is paid therefor by a public employer.

(b) “Public employer” means the state or a county, city, school district or other public corporation, commission, agency, board or entity organized for a public purpose.

(2) Public employers shall grant leaves of absence without pay for at least two years to any full-time salaried public officer or employee who serves, and while the public officer or employee serves, as a volunteer in the Peace Corps. Upon expiration of the leave the public officer or 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, if any. Failure of the officer or employee to report within 90 days after termination of service shall be cause for dismissal. [1963 c.199 §§1,2]

Source: Section 236.040 — Leave of absence for Peace Corps volunteer; reinstatement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors236.­html (accessed May 26, 2025).
ORS § 243.867 — OR Code / Title 22 / Chapter 243 / Section 243.867
243.867 Participation in benefit plan by local government
Status: in_force

(1) The governing body of a local government may elect to participate in a benefit plan offered by the Oregon Educators Benefit Board.

(2) The decision of the governing body of a local government to participate in a benefit plan offered by the board is in the discretion of the governing body of the local government and is a permissive subject of collective bargaining.

(3) If the governing body of a local government elects to offer a benefit plan through the board, the governing body may elect one time only to provide alternative group health and welfare insurance benefit plans to eligible employees if:

(a) The alternative benefit plan is offered through the health insurance exchange under ORS 741.310 (Requirements for purchase of insurance through exchange and for participation of insurers in exchange) (1)(b); and

(b) The participation of the local government is not precluded under federal law on or after January 1, 2017. [2013 c.731 §24]

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

Source: Section 243.867 — Participation in benefit plan by local government , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 237.430 — OR Code / Title 22 / Chapter 237 / Section 237.430
237.430 Public agencies to be included in the agreement
Status: in_force

The agreement shall include each coverage group as to which formal request for inclusion is made by the legislative or governing body of the employing public agency pursuant to ORS 237.440 (Application by political subdivision for inclusion) , prior to the effective date of the agreement, or any modification thereof. However, the board shall not be required to include in any agreement or modification any public agency which is not entitled by law to share in any apportionment of state revenue or funds and has at any time within the 10 years next preceding the date of its application been insolvent or failed to pay when due, the principal or interest of its bonds, warrants or other obligations. [Amended by 1953 c.192 §3(1)]

Source: Section 237.430 — Public agencies to be included in the agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors237.­html (accessed May 26, 2025).
ORS § 238.730 — OR Code / Title 22 / Chapter 238 / Section 238.730
238.730 Unfunded Actuarial Liability Resolution Program
Status: repealed

(1) The Public Employees Retirement Board shall establish an Unfunded Actuarial Liability Resolution Program. Under the program, the board shall provide technical expertise to manage projected employer contribution rate changes. Funding plans developed under the program must be based on actuarial reports prepared under ORS 238.605 (Actuarial report on system) .

(2) A participating public employer shall participate in the program.

(3) The board may use moneys in the Employer Incentive Fund established in section 1, chapter 105, Oregon Laws 2018, for reasonable administrative costs incurred under this section. [2018 c.105 §26; 2019 c.355 §54; 2021 c.135 §7]

Note: The amendments to 238.730 (Unfunded Actuarial Liability Resolution Program) by section 55, chapter 355, Oregon Laws 2019, become operative July 1, 2042. See section 64, chapter 355, Oregon Laws 2019. The text that is operative on and after July 1, 2042, including amendments by section 8, chapter 135, Oregon Laws 2021, is set forth for the user’s convenience.

238.730 (Unfunded Actuarial Liability Resolution Program) . (1) The Public Employees Retirement Board shall establish an Unfunded Actuarial Liability Resolution Program. Under the program, the board shall provide technical expertise to manage projected employer contribution rate changes. Funding plans developed under the program must be based on actuarial reports prepared under ORS 238.605 (Actuarial report on system) .

(2) A participating public employer shall participate in the program.

Note: Sections 1 to 3, chapter 105, Oregon Laws 2018, provide:

Sec. 1. (1) The Employer Incentive Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Employer Incentive Fund shall be credited to the fund. Interest earned by the fund may be used under section 2, chapter 105, Oregon Laws 2018, to match lump sum payments made under ORS 238.229 (Effect of lump sum payment to side account on contributions of pooled employer) .

(2) Moneys in the fund are continuously appropriated to the Public Employees Retirement Board for the purposes described in sections 2 and 26 [ 238.730 (Unfunded Actuarial Liability Resolution Program) ], chapter 105, Oregon Laws 2018.

(3) Moneys in the fund shall be invested in the Oregon Short Term Fund established under ORS 293.728 (Oregon Short Term Fund) . [2018 c.105 §1; 2019 c.355 §46]

Sec. 2. (1)(a) The Public Employees Retirement Board shall establish a process for distributing the moneys in the Employer Incentive Fund established under section 1, chapter 105, Oregon Laws 2018.

(b) The process must allow a participating public employer to apply to reserve matching amounts in the Employer Incentive Fund by committing to make a qualifying lump sum payment of at least $25,000 to an account established under ORS 238.229 (Effect of lump sum payment to side account on contributions of pooled employer) .

(2) The board shall adopt rules establishing:

(a) The percentage of a lump sum payment that may be matched by distributions from the fund, not to exceed 25 percent of a qualifying lump sum payment.

(b) The maximum matching amount that may be reserved by a participating public employer, not to exceed the greater of:

(A) Five percent of the unfunded actuarial liability attributable to the employer, as determined in the most recent report prepared under ORS 238.605 (Actuarial report on system) ; or

(B) $300,000.

(c) The qualifications for lump sum payments that may be matched under this section, including a requirement that a qualifying lump sum payment may not be a payment from moneys borrowed by the employer.

(d) A requirement that the participating public employer participate in the Unfunded Actuarial Liability Resolution Program to develop a plan under ORS 238.730 (Unfunded Actuarial Liability Resolution Program) .

(3) Intentionally left blank —Ed.

(a) For 90 days after the board begins accepting applications under subsection (1) of this section, a participating public employer may apply to reserve matching amounts from the Employer Incentive Fund under subsection (1) of this section only if the unfunded actuarial liability attributable to the employer, as determined in the most recent report prepared under ORS 238.605 (Actuarial report on system) , is more than 200 percent of the employer’s payroll for members of the Public Employees Retirement System.

(b) After the 90-day period described in paragraph (a) of this subsection, any participating public employer may apply to reserve matching funds from the Employer Incentive Fund under subsection (1) of this section.

(4) Intentionally left blank —Ed.

(a) The board shall approve applications that meet the qualifications established under subsection (2) of this section in the order in which the applications are submitted. The board shall continue approving applications as long as adequate moneys in the Employer Incentive Fund are available.

(b) After all of the moneys available in the Employer Incentive Fund are reserved for matching under paragraph (a) of this subsection, the board may establish a waiting list for the remaining timely submitted applications and, if sufficient moneys in the Employer Incentive Fund become available, shall approve, in the order in which the applications were submitted, applications that meet the qualifications established under subsection (2) of this section.

(5) The board shall transfer matching amounts approved under subsection (4) of this section from the Employer Incentive Fund to the approved employers’ accounts established under ORS 238.229 (Effect of lump sum payment to side account on contributions of pooled employer) .

(6) The board may transfer moneys from the Employer Incentive Fund to the Public Employees Retirement Fund established under ORS 238.660 (Fund generally) for crediting to the reserves for pension accounts and annuities as provided in ORS 238.670 (Reserve accounts in fund) (2).

(7) The board may use moneys in the Employer Incentive Fund for reasonable administrative costs incurred under this section. [2018 c.105 §2; 2019 c.355 §47; 2021 c.135 §9]

Sec. 3. (1) Section 2, chapter 105, Oregon Laws 2018, as amended by section 47, chapter 355, Oregon Laws 2019, is repealed July 1, 2042.

(2) Intentionally left blank —Ed.

(a) The Employer Incentive Fund established under section 1, chapter 105, Oregon Laws 2018, is abolished on July 1, 2042.

(b) The unexpended moneys remaining in the Employer Incentive Fund on July 1, 2042, shall be transferred to the General Fund. [2018 c.105 §3; 2019 c.355 §48; 2020 s.s.2 c.10 §16]

Note: Section 3, chapter 105, Oregon Laws 2018, as set forth includes amendments by section 16, chapter 10, Oregon Laws 2020 (second special session), and does not reflect the Governor’s intended veto of section 16, chapter 10, Oregon Laws 2020 (second special session). This intended veto cites the single-item veto exception found in Article V, section 15a, of the Oregon Constitution, allowed for appropriation bills. As of this printing, Oregon appellate courts have not interpreted the term “appropriation bills” for purposes of Article V, section 15a.

Note: Section 24, chapter 105, Oregon Laws 2018, and section 52, chapter 355, Oregon Laws 2019, provide:

Sec. 24. (1) The School Districts Unfunded Liability Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the School Districts Unfunded Liability Fund shall be credited to the fund. The fund consists of moneys transferred, allocated or appropriated to the fund.

(2) Moneys in the fund are continuously appropriated to the Public Employees Retirement Board for the purpose of establishing and funding a pooled account to be applied against the liabilities of participating public employers, as defined in ORS 238.005 (Definitions) , that are school districts.

(3) Moneys in the fund shall be invested in the Oregon Short Term Fund established under ORS 293.728 (Oregon Short Term Fund) .

(4) The board shall establish an account in the Public Employees Retirement Fund for the moneys in the School Districts Unfunded Liability Fund.

(5) The board shall adopt rules providing for:

(a) Proportional distribution to school districts of the moneys in the account established under subsection (4) of this section;

(b) Amortization of the moneys distributed; and

(c) Administration of the account established under subsection (4) of this section in the same manner as accounts established under ORS 238.229 (Effect of lump sum payment to side account on contributions of pooled employer) (2).

(6) No later than February 1 of each odd-numbered year, the board shall report to the Oregon Department of Administrative Services and the Legislative Fiscal Officer an estimate of how moneys will be distributed under this section in the following biennium. [2018 c.105 §24; 2019 c.355 §51; 2020 s.s.2 c.10 §19]

Sec. 52. The School Districts Unfunded Liability Fund established under section 24, chapter 105, Oregon Laws 2018, is abolished on July 1, 2042. The unexpended moneys remaining in the fund on July 1, 2042, shall be transferred to the General Fund. [2019 c.355 §52]

Note: Sections 27, 28 and 29, chapter 105, Oregon Laws 2018, provide:

Sec. 27. Section 28 of this 2018 Act is added to and made a part of ORS chapter 238. [2018 c.105 §27]

Sec. 28. During each regular session of the Legislative Assembly, the Public Employees Retirement Board shall report to the Joint Committee on Ways and Means on the status of the Employer Incentive Fund established in section 1 of this 2018 Act, the School Districts Unfunded Liability Fund established in section 24 of this 2018 Act and the Unfunded Actuarial Liability Resolution Program established under section 26 of this 2018 Act [ 238.730 (Unfunded Actuarial Liability Resolution Program) ]. [2018 c.105 §28]

Sec. 29. Section 28, chapter 105, Oregon Laws 2018, is repealed on January 2, 2042. [2018 c.105 §29; 2019 c.355 §53]

Source: Section 238.730 — Unfunded Actuarial Liability Resolution Program , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 238a.210 — OR Code / Title 22 / Chapter 238a / Section 238a.210
238A.210 Cost-of-living adjustment
Status: in_force

(1) On July 1 of each year, the board shall increase every pension payable under ORS 238A.180 (Normal retirement benefit) , 238A.185 (Early retirement) and 238A.190 (Survivorship benefits) , every disability benefit under ORS 238A.235 (Disability benefit) and every death benefit payable under ORS 238A.230 (Death benefit) as provided in subsection (2) of this section. The increase shall be made for the payments payable on August 1 and thereafter.

(2) Intentionally left blank —Ed.

(a) If a person’s yearly pension or benefit is $60,000 or less, the pension or benefit shall be increased by 1.25 percent.

(b) If a person’s yearly pension or benefit is more than $60,000, the pension or benefit shall be increased by $750 plus 0.15 percent of the amount of the yearly pension or benefit exceeding $60,000.

(3) As used in this section, “yearly pension or benefit” means the monthly pension or benefit that a person is entitled to on July 1 of the year in which the board is calculating the increase under subsection (1) of this section, multiplied by 12. [2003 c.733 §23; 2013 c.53 §§5,7; 2013 s.s. c.2 §3]

Note: The text of 238A.210 (Cost-of-living adjustment) , as it existed before the amendments to 238A.210 (Cost-of-living adjustment) by sections 5 and 7, chapter 53, Oregon Laws 2013, and section 3, chapter 2, Oregon Laws 2013 (special session), is set forth for the user’s convenience.

238A.210 (Cost-of-living adjustment) . (1) As soon as practicable after January 1 each year, the Public Employees Retirement Board shall determine the percentage increase or decrease in the cost of living for the previous calendar year, based on the Portland-Salem, OR-WA, Consumer Price Index for All Urban Consumers for All Items, as published by the Bureau of Labor Statistics of the United States Department of Labor. Before July 1 each year, the board shall adjust every pension payable under ORS 238A.180 (Normal retirement benefit) , 238A.185 (Early retirement) and 238A.190 (Survivorship benefits) , every disability benefit under ORS 238A.235 (Disability benefit) and every death benefit payable under ORS 238A.230 (Death benefit) by multiplying the monthly payment by the percentage figure determined by the board. If a person has been receiving a pension or benefit for less than 12 months on July 1 of a calendar year, the board shall make a pro rata reduction of the adjustment based on the number of months that the pension or benefit was received before July 1 of the year. The adjustment shall be made for the payments payable on August 1 and thereafter.

(2) An increase or decrease in the benefit payments under this section may not exceed two percent in any year. A pension or death benefit may not be adjusted to an amount that is less than the amount that would have been payable if no cost-of-living adjustment had been made since the pension or death benefit first became payable.

Source: Section 238A.210 — Cost-of-living adjustment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238A.­html (accessed May 26, 2025).
ORS § 238.661 — OR Code / Title 22 / Chapter 238 / Section 238.661
238.661 Moneys in fund appropriated to board
Status: in_force

Moneys in the Public Employees Retirement Fund are continuously appropriated to the Public Employees Retirement Board to carry out the purposes of this chapter and ORS chapter 238A. [2001 c.716 §10; 2003 c.733 §61]

Source: Section 238.661 — Moneys in fund appropriated to board , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 238.475 — OR Code / Title 22 / Chapter 238 / Section 238.475
238.475 Effect of transfer of employee to another participating employer
Status: in_force

No transfer after July 1, 1946, by a member of the system from the service of one employer participating in the system to the service of another such employer shall impair any rights or deprive the member of any credits accruing to the member as a result of membership in the system after July 1, 1946, and prior to the transfer. [Formerly 237.101]

Source: Section 238.475 — Effect of transfer of employee to another participating employer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 238.462 — OR Code / Title 22 / Chapter 238 / Section 238.462
238.462 Spousal consent required for certain optional forms of retirement allowance
Status: in_force

(1) A member of the Public Employees Retirement System who is married on the effective date of the member’s retirement shall receive a service retirement allowance in the form provided for in Option 3 under ORS 238.305 (Optional service retirement allowance calculations) (1) or a disability retirement allowance in the form provided for in Option 3 under ORS 238.325 (Optional disability retirement allowance calculations) (1) unless the member provides proof of spousal consent to receiving an allowance in the form provided by ORS 238.300 (Service retirement allowance) or 238.320 (Disability retirement allowance) , or in one of the optional forms provided for in ORS 238.305 (Optional service retirement allowance calculations) and 238.325 (Optional disability retirement allowance calculations) other than Option 3.

(2) Except as provided in subsection (3) of this section, a member of the system who is married on the effective date of the member’s retirement may not change the form in which a retirement allowance is paid after an election has been made as to the form of the retirement allowance unless the member provides proof of spousal consent.

(3) A member of the system who is married on the effective date of the member’s retirement is not required to provide spousal consent to a change in the form in which a retirement allowance is paid if the spouse of the member dies after the effective date of the member’s retirement or disability and the change in the form of the allowance is made within the time periods provided by ORS 238.305 (Optional service retirement allowance calculations) and 238.325 (Optional disability retirement allowance calculations) . A member seeking to change the form of a retirement allowance without spousal consent under the provisions of this subsection must provide a notarized statement to the Public Employees Retirement Board that certifies to the board that the spouse of the member is deceased.

(4) Any member of the system who is not married on the effective date of the member’s retirement must provide a notarized statement to the Public Employees Retirement Board that certifies to the board that the member is not married. No retirement allowance may be paid to a member of the system who is not married until the statement required by this subsection is provided to the board.

(5) A member of the system who is married on the effective date of the member’s retirement must provide proof of spousal consent for the purposes of this section by submitting a statement to the board that:

(a) Contains the notarized signature of the member’s spouse;

(b) Indicates the form in which the retirement allowance is to be paid; and

(c) Contains a statement that the member’s spouse consents to the payment of the retirement allowance in the specified form.

(6) If a member of the system who is married on the effective date of the member’s retirement fails to provide proof of spousal consent as required by this section, the board shall calculate and pay to the member a retirement allowance in the form provided for in Option 3 under ORS 238.305 (Optional service retirement allowance calculations) (1) if the retirement is for service, or a retirement allowance in the form provided for in Option 3 under ORS 238.325 (Optional disability retirement allowance calculations) (1) if the retirement is for disability. The allowance will be calculated based on the ages of the member and the spouse, and the spouse will be designated as the beneficiary for any survivor benefits that may thereafter become payable.

(7) Proof of spousal consent under this section is not required for, and cannot alter, the designation of any form of a retirement allowance that is required under 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, that has been received by the board in compliance with the requirements prescribed by ORS 238.465 (Benefits payable to others under certain judgments) . [1997 c.476 §2; 1999 c.407 §5; 2003 c.576 §404; 2005 c.22 §178]

Source: Section 238.462 — Spousal consent required for certain optional forms of retirement allowance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 237.375 — OR Code / Title 22 / Chapter 237 / Section 237.375
237.375 Limitations on payments and contributions
Status: in_force

Nothing in ORS 237.350 (Definitions for ORS 237.350 to 237.380) to 237.380 (Revenues from which city may make payments to fund) authorizes the city to budget, provide for payments or collect contributions to fund retirement benefits for an individual who is not in the employment of the city at the time of the creation of a membership status under a retirement plan. [Formerly 238.560]

Source: Section 237.375 — Limitations on payments and contributions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors237.­html (accessed May 26, 2025).
ORS § 237.490 — OR Code / Title 22 / Chapter 237 / Section 237.490
237.490 Deposit investment and payment of funds
Status: in_force

(1) All employer and employee contributions and other moneys received or collected by the Public Employees Retirement Board under ORS 237.410 (Definitions for ORS 237.420 to 237.510) to 237.510 (Collection of delinquent contributions) shall be deposited into the State Treasury to the credit of an account, separate and distinct from the General Fund, to be known as the Social Security Revolving Account, and the moneys in the account are continuously appropriated for the purposes of ORS 237.410 (Definitions for ORS 237.420 to 237.510) to 237.510 (Collection of delinquent contributions) .

(2) All moneys in the account shall be held in trust and invested as provided in ORS 293.701 (Definitions for ORS 293.701 to 293.857) to 293.857 (Separate accounts for each local government) . Interest from such investments shall be used for paying the administrative expenses described in ORS 237.500 (Administrative expenses) . [Amended by 1953 c.192 §5(1); 1967 c.399 §§2,6; 1975 c.614 §6; 1989 c.966 §11; 2001 c.716 §22; 2023 c.82 §1]

Source: Section 237.490 — Deposit investment and payment of funds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors237.­html (accessed May 26, 2025).
ORS § 240.240 — OR Code / Title 22 / Chapter 240 / Section 240.240
240.240 Application of chapter to unclassified or management service
Status: in_force

(1) The unclassified service or, except as provided in ORS 240.250 (Rules applicable to management service) , the management service shall not be subject to this chapter, except that employees and officers in the unclassified or management service shall be subject to the laws, rules and policies pertaining to any type of leave with pay except as otherwise provided in subsections (4) and (5) of this section, and shall be subject to the laws, rules and policies pertaining to salary plans except as otherwise provided in subsections (3) and (5) of this section.

(2) With regard to any unclassified or management service position for which the salary is not fixed by law, and except as otherwise provided in subsections (3) and (5) of this section, the Personnel Division shall adopt a salary plan which is equitably applied to various categories in the unclassified or management service and is in reasonable conformity with the general salary structure of the state. The division shall maintain this unclassified and management salary plan in accordance with the procedures established for the classified salary plan as provided in ORS 240.235 (Compensation plan for classified service) .

(3) The Secretary of State and the State Treasurer, for the purpose of maintaining a salary plan for unclassified and management service positions in their departments, may request the advice and assistance of the division.

(4) With regard to unclassified instructors and teachers under annual teaching contracts for an academic year in the school operated under ORS 346.010 (Training and educational services for children who are deaf) , arrangements for leave with pay shall be established by the Department of Education.

(5) With regard to unclassified positions in the Oregon Business Development Department’s foreign offices, the salary plan and arrangements for leave with pay shall be established by the Director of the Oregon Business Development Department. [1955 c.738 §5; 1969 c.80 §54; 1971 c.695 §2; 1975 c.427 §4; 1981 c.409 §3; 1985 c.121 §1; 1991 c.149 §4; 1995 c.612 §14; 2007 c.858 §62; 2009 c.562 §18]

Source: Section 240.240 — Application of chapter to unclassified or management service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors240.­html (accessed May 26, 2025).
ORS § 238.232 — OR Code / Title 22 / Chapter 238 / Section 238.232
238.232 Choice of amortization period for certain lump sum payments to side accounts
Status: in_force

If a participating public employer makes a lump sum payment from moneys not borrowed by the employer to an account established under ORS 238.229 (Effect of lump sum payment to side account on contributions of pooled employer) in an amount equal to or greater than $10 million, the Public Employees Retirement Board shall allow the participating public employer to choose an amortization period of six years, 10 years, 16 years or 20 years for the use of the lump sum payment 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. [2018 c.105 §3b; 2019 c.355 §§20,21]

Source: Section 238.232 — Choice of amortization period for certain lump sum payments to side accounts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 241.415 — OR Code / Title 22 / Chapter 241 / Section 241.415
241.415 Transfers and reinstatement
Status: in_force

(1) The commission may authorize the transfer of any person legally holding one position to a similar position in the same classification or grade. The commission may provide for the reinstatement within one year of persons separated from positions in the civil service without fault or delinquency on their part, if within that time there is need for their services.

(2) No transfer or reinstatement shall be made from a position in one classification or grade to a position in another classification or grade, nor shall a person be transferred to or reinstated in a position for entrance to which there is required by ORS 241.016 (Definitions for ORS 241.016 to 241.990) to 241.990 (Penalties) or the regulations adopted pursuant thereto, an examination involving essential tests or qualifications different from or higher than those required for original appointment to the position held by such person.

Source: Section 241.415 — Transfers and reinstatement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors241.­html (accessed May 26, 2025).
ORS § 236.020 — OR Code / Title 22 / Chapter 236 / Section 236.020
236.020 Vacancy for breach of official bond
Status: in_force

The Governor shall declare vacant the office of every officer required by law to execute an official bond whenever a judgment is obtained against such officer for a breach of the conditions of the bond.

Source: Section 236.020 — Vacancy for breach of official bond , https://www.­oregonlegislature.­gov/bills_laws/ors/ors236.­html (accessed May 26, 2025).
ORS § 237.968 — OR Code / Title 22 / Chapter 237 / Section 237.968
237.968 Continuation of retirement benefits of certain members
Status: in_force

The board shall pay all retirement benefits to which members of the Public Employees Retirement System who retired prior to March 27, 1953, may be entitled under the provisions of chapter 401, Oregon Laws 1945, as amended, and shall give full recognition to all rights to which such members are entitled under said law. The board also shall determine and pay in accordance with the provisions of that law retirement benefits to which members of the Public Employees Retirement System are entitled by the provisions of said law. [1953 c.180 §4]

Source: Section 237.968 — Continuation of retirement benefits of certain members , https://www.­oregonlegislature.­gov/bills_laws/ors/ors237.­html (accessed May 26, 2025).
ORS § 240.227 — OR Code / Title 22 / Chapter 240 / Section 240.227
240.227 Salary for legislator appointed to exempt, unclassified or management service
Status: in_force

(1) Except as otherwise provided by section 30, Article IV of the Oregon Constitution, notwithstanding any statute or salary plan establishing the salary for a position in the exempt, unclassified or management service, a Senator or Representative who is appointed to a position in the exempt, unclassified or management service during the Senator’s or Representative’s term of office shall receive a salary established as follows:

(a) If the salary for the position to which the Senator or Representative is appointed has been increased during the Senator’s or Representative’s term of office, the Senator or Representative shall receive a salary equal to that established for the position immediately prior to the commencement of the Senator’s or Representative’s term of office until the term of office of the Senator or Representative expires.

(b) If the salary for the position to which the Senator or Representative is appointed decreased or remained unchanged during the Senator’s or Representative’s term of office, the Senator or Representative shall receive the salary established by the applicable statute or salary plan.

(2) As used in this section, “term of office” means the particular four-year or two-year period for which the Senator or Representative was elected pursuant to section 4, Article IV of the Oregon Constitution. In the event that the Senator or Representative was appointed to fill a vacancy in the Legislative Assembly, “term of office” means the remainder of the four-year or two-year period for which the Senator or Representative was appointed, beginning on the date of appointment. “Term of office” does not mean the Senator’s or Representative’s duration of service in the Legislative Assembly. [1987 c.879 §23]

Source: Section 240.227 — Salary for legislator appointed to exempt, unclassified or management service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors240.­html (accessed May 26, 2025).
ORS § 238.485 — OR Code / Title 22 / Chapter 238 / Section 238.485
238.485 Fund established
Status: in_force

(1) Pursuant to section 415(m) of the Internal Revenue Code, there is established a Public Employee Benefit Equalization Fund, separate and distinct from the General Fund and from the Public Employees Retirement Fund. The Public Employee Benefit Equalization Fund is declared to be a trust fund. Interest earned on the fund, if any, shall inure to the benefit of the fund. The Public Employees Retirement Board shall administer the fund and shall act as trustee for the fund.

(2) The assets of the Public Employee Benefit Equalization Fund that are attributable to the contributions of a participating public employer pursuant to ORS 238.488 (Payment of benefits) remain available to the general creditors of the employer in the event of the employer’s insolvency until those assets are distributed to members of the Public Employees Retirement System, distributed to the beneficiaries of those members or used to pay the administrative expenses of the fund. Before distribution, members of the Public Employees Retirement System and beneficiaries of those members have no right to or interest in any asset of the fund.

(3) All moneys paid into the fund shall be deposited with the State Treasurer, who is custodian of the fund. The board may draw warrants and issue checks on the fund in the same manner that it draws warrants and issues checks on the Public Employees Retirement Fund.

(4) Any warrant, check or order issued by the board for payment from the fund that is canceled, declared void, abandoned 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, abandoned or otherwise made unpayable pursuant to law. [1997 c.201 §2; 2005 c.808 §8]

Source: Section 238.485 — Fund established , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 244.250 — OR Code / Title 22 / Chapter 244 / Section 244.250
244.250 Oregon Government Ethics Commission
Status: in_force

(1) The Oregon Government Ethics Commission is established, consisting of nine members. The appointment of a member of the commission is subject to confirmation by the Senate in the manner provided in ORS 171.562 (Procedures for confirmation) and 171.565 (Vote required for confirmation) . Members shall be appointed in the following manner:

(a) The Governor shall appoint eight members from among persons recommended, two each by the leadership of the Democratic and Republican parties in each house of the Legislative Assembly. If a person recommended by the leadership of the Democratic or Republican party is not approved by the Governor, the leadership shall recommend another person.

(b) The Governor shall appoint one member without leadership recommendation.

(2) A person who holds any public office listed in ORS 244.050 (Persons required to file statement of economic interest) (1) except as a member of the commission may not be appointed to the commission. No more than three members may be members of the same political party.

(3) The term of office of a member is four years. A member is not eligible to be appointed to more than two full terms but may additionally serve out an unexpired term. Vacancies shall be filled by the appointing authority for the unexpired term.

(4) The commission shall elect a chairperson and vice chairperson for such terms and duties as the commission may require.

(5) A quorum consists of five members but a final decision may not be made without an affirmative vote of a majority of the members appointed to the commission.

(6) Members shall be entitled to compensation and expenses as provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions) .

(7) The commission may retain or appoint qualified legal counsel who must be a member of the Oregon State Bar and who is responsible to the commission. The appointment of legal counsel under this subsection may be made only when the commission finds it is inappropriate and contrary to the public interest for the office of the Attorney General to represent concurrently more than one public official or agency in any matter before the commission because the representation:

(a) Would create or tend to create a conflict of interest; and

(b) Is not subject to ORS 180.230 (Compensation not allowed state departments for attorney services) or 180.235 (Authority of agency to employ counsel) .

(8) The Attorney General may not represent before the commission any state public official who is the subject of any complaint or action of the commission at the commission’s own instigation. [1974 c.72 §12; 1977 c.588 §6; 1987 c.566 §18; 1991 c.770 §3; 1993 c.743 §17; 2007 c.865 §1; 2015 c.619 §1; 2021 c.266 §1]

Source: Section 244.250 — Oregon Government Ethics Commission; appointment; term; quorum; compensation; legal counsel , https://www.­oregonlegislature.­gov/bills_laws/ors/ors244.­html (accessed May 26, 2025).
ORS § 238a.220 — OR Code / Title 22 / Chapter 238a / Section 238a.220
238A.220 Employer contributions
Status: in_force

(1) A participating public employer shall make employer contributions to the Public Employees Retirement Board at intervals designated by the board in the amounts determined by the board under ORS 238.225 (Employer contributions) . All participating public employers shall be considered to be a single employer for the purposes of the employer contributions under ORS 238.225 (Employer contributions) that are required for funding the pension program established under ORS 238A.025 (Oregon Public Service Retirement Plan established) .

(2) For the purpose of the actuarial computation required under ORS 238.225 (Employer contributions) , the board shall separately establish the liability of participating public employers for police officers and firefighters under the pension program and shall require that public employers that employ police officers and firefighters who are members of the pension program make contributions for those employees based on the liability established under this subsection. [2003 c.733 §24; 2005 c.808 §17]

Source: Section 238A.220 — Employer contributions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238A.­html (accessed May 26, 2025).
ORS § 241.205 — OR Code / Title 22 / Chapter 241 / Section 241.205
241.205 Basis of appointment and promotion generally
Status: in_force

Except as otherwise expressly provided in ORS 241.016 (Definitions for ORS 241.016 to 241.990) to 241.990 (Penalties) , the appointment and promotion of all persons to or in all positions subject to the provisions of ORS 241.016 (Definitions for ORS 241.016 to 241.990) to 241.990 (Penalties) shall be made solely upon merit, efficiency and fitness, which shall be ascertained by open competitive examination and impartial investigation.

Source: Section 241.205 — Basis of appointment and promotion generally , https://www.­oregonlegislature.­gov/bills_laws/ors/ors241.­html (accessed May 26, 2025).
ORS § 243.575 — OR Code / Title 22 / Chapter 243 / Section 243.575
243.575 Computation of retirement and pension benefits
Status: in_force

(1) The amount by which an eligible employee’s compensation is reduced under ORS 243.570 (Compensation reduction agreement) shall continue to be included as regular salary for the purpose of computing the retirement and pension benefits earned by the employee, but that amount shall not be considered current taxable income for the purpose of computing Social Security benefits or federal and state income taxes withheld on behalf of the employee.

(2) All amounts by which compensation is reduced under ORS 243.570 (Compensation reduction agreement) shall remain assets of this state until such time as the amounts are disbursed to or on behalf of eligible employees in accordance with the terms of compensation reduction agreements between the employees and the state. [1987 c.621 §§5,7]

Note: See note under 243.550 (Dependent care assistance plan) .

Source: Section 243.575 — Computation of retirement and pension benefits; taxable income , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 243.560 — OR Code / Title 22 / Chapter 243 / Section 243.560
243.560 Rulemaking
Status: in_force

(1) The Public Employees’ Benefit Board may provide, administer and maintain an expense reimbursement plan for the benefit of eligible employees of this state.

(2) In providing an expense reimbursement plan, the board shall adopt rules to:

(a) Determine the qualifications of eligible employees and the expenses eligible for reimbursement.

(b) Establish limits on the amount by which an eligible employee’s compensation may be reduced.

(c) Establish procedures for enrollment of eligible employees in an expense reimbursement plan.

(d) Establish requirements for verification of reimbursable expenses.

(3) The board may assess a charge to participating employees to pay the cost of administering the plan or may pay some or all of the cost from funds authorized to pay general administration expenses incurred by the board or from earnings on moneys deposited with the account administrator as designated by the board.

(4) The state shall maintain accounts and records necessary and appropriate to the efficient administration of ORS 243.550 (Dependent care assistance plan) to 243.585 (Accounting system allowances for dedication of salary) and 329A.440 (Application of land use regulations to family child care homes) or that may be required under federal or state law. [1987 c.621 §3; 1989 c.160 §1; 1997 c.222 §47]

Note: See note under 243.550 (Dependent care assistance plan) .

Source: Section 243.560 — Rulemaking; charge for administration; records , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 243.820 — OR Code / Title 22 / Chapter 243 / Section 243.820
243.820 Agreement for payment of annuity premium or investment in stock of regulated investment company
Status: in_force

(1) In order to obtain the advantages of 26 U.S.C. 403(b), or any equivalent provision of federal law, an employer may agree with an employee who performs services for an educational institution that:

(a) The employee’s salary will be reduced monthly by a stated amount, or the employee will forgo monthly a salary increase of a stated amount; and

(b) On behalf of the employee, the employer shall contribute monthly an amount equal to the stated amount determined under paragraph (a) of this subsection as premiums for an annuity contract or to a custodial account for investment in the stock of regulated investment companies as defined in 26 U.S.C. 403(b)(7)(C). The amount contributed by the employer under this subsection may not exceed the stated amount.

(2) Notwithstanding any other provision of law, pursuant to an agreement under subsection (1) of this section, the stated amounts shall be forwarded by the employer as annuity premiums to the company or association with which it has entered into an annuity contract or to the regulated investment company or its transfer agent for the benefit of the employee.

(3) An employer may make nonelective employer contributions on behalf of an employee who performs services for an educational institution as premiums for an annuity contract, or to a custodial account for investment in the stock of regulated investment companies as defined in 26 U.S.C. 403(b)(7)(C), for the purpose of obtaining the advantages of 26 U.S.C. 403(b) or any equivalent provision of federal law. Employer contributions under this subsection are in addition to any employee contributions under subsection (1) of this section.

(4) As used in this section:

(a) “Educational institution” means an educational institution that normally maintains a regular faculty and curriculum and normally has a regularly organized body of students in attendance at the place where its educational activities are carried on or an education service district.

(b) “Employer” means a state agency, a community college district, a school district, a public university listed in ORS 352.002 (Public universities) , the Oregon Health and Science University or an education service district employing an individual who performs services for an educational institution. [1965 c.606 §2; 1981 c.407 §1; 2007 c.704 §1; 2013 c.768 §115; 2015 c.767 §67]

Source: Section 243.820 — Agreement for payment of annuity premium or investment in stock of regulated investment company , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 243.163 — OR Code / Title 22 / Chapter 243 / Section 243.163
243.163 Eligibility of former member of Legislative Assembly to participate in group benefit plan
Status: in_force

A member of the Legislative Assembly who is receiving a pension or annuity under ORS 238.092 (Option of legislators to receive certain benefits) (1)(a) or 238A.250 (Option of legislators to receive certain benefits) (1) shall be eligible to participate as a retired state officer in one of the group benefit plans described in ORS 243.135 (Health benefit plans for eligible employees) after the member ceases to be a member of the Legislative Assembly if the member applies to the Public Employees’ Benefit Board within 60 days after the member ceases to be a member of the Legislative Assembly. [1989 c.799 §16; 1997 c.222 §33; 2013 s.s. c.3 §14]

Source: Section 243.163 — Eligibility of former member of Legislative Assembly to participate in group benefit plan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 236.605 — OR Code / Title 22 / Chapter 236 / Section 236.605
236.605 Definitions for ORS 236.605 to 236.640
Status: in_force

As used in ORS 236.605 (Definitions for ORS 236.605 to 236.640) to 236.640 (Reemployment right of employee at end of cooperation agreement) :

(1) “Public employee” means an employee whose compensation is paid from public funds.

(2) “Public employer” includes any of the following entities that has accepted the transfer of a public program from a public employer in this state for maintenance and operation:

(a) The state;

(b) Cities;

(c) Counties;

(d) School districts;

(e) Special districts;

(f) Education service districts; and

(g) Oregon nonprofit corporations.

(3) “Transfer” does not include the transfer of an employee from a nonprofit corporation to a nonprofit corporation. [1991 c.918 §2; 1995 c.286 §20; 2013 c.533 §1; 2015 c.314 §1]

Source: Section 236.605 — Definitions for ORS 236.605 to 236.640 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors236.­html (accessed May 26, 2025).
ORS § 237.750 — OR Code / Title 22 / Chapter 237 / Section 237.750
237.750 Alternative retirement programs for employees of Harney County Health District
Status: in_force

Notwithstanding the provisions of ORS chapters 238 and 238A, the Harney County Health District may offer to its employees, in addition to the Public Employees Retirement System, alternative retirement programs. [2019 c.496 §1]

Note: 237.750 (Alternative retirement programs for employees of Harney County Health District) was enacted into law by the Legislative Assembly but was 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.

LIQUIDATION OF PRE-1953 RETIREMENT SYSTEM

Source: Section 237.750 — Alternative retirement programs for employees of Harney County Health District , https://www.­oregonlegislature.­gov/bills_laws/ors/ors237.­html (accessed May 26, 2025).
ORS § 240.205 — OR Code / Title 22 / Chapter 240 / Section 240.205
240.205 Unclassified service
Status: in_force

The unclassified service shall comprise:

(1) One executive officer and one secretary for each board or commission, the members of which are elected officers or are appointed by the Governor.

(2) The director of each department of state government, each full-time salaried head of a state agency required by law to be appointed by the Governor and each full-time salaried member of a board or commission required by law to be appointed by the Governor.

(3) The administrator of each division within a department of state government required by law to be appointed by the director of the department with the approval of the Governor.

(4) Principal assistants and deputies and one private secretary for each executive or administrative officer specified in ORS 240.200 (Exempt service) (1) and in subsections (1) to (3) of this section. “Deputy” means the deputy or deputies to an executive or administrative officer listed in subsections (1) to (3) of this section who is authorized to exercise that officer’s authority upon absence of the officer. “Principal assistant” means a manager of a major agency organizational component who reports directly to an executive or administrative officer listed in subsections (1) to (3) of this section or deputy and who is designated as such by that executive or administrative officer with the approval of the Director of the Oregon Department of Administrative Services.

(5) Employees in the Governor’s office and the principal assistant and private secretary in the Secretary of State’s division.

(6) The director, principals, instructors and teachers in the school operated under ORS 346.010 (Training and educational services for children who are deaf) .

(7) Apprentice trainees only during the prescribed length of their course of training.

(8) Licensed physicians and dentists employed in their professional capacities and student nurses, interns, and patient or adult in custody help in state institutions.

(9) Lawyers employed in their professional capacities.

(10) All members of the Oregon State Police appointed under ORS 181A.050 (Oregon State Police) .

(11) The Deputy Superintendent of Public Instruction appointed under ORS 326.300 (Governor as Superintendent of Public Instruction) and associate superintendents in the Department of Education.

(12) Temporary seasonal farm laborers engaged in single phases of agricultural production or harvesting.

(13) Any individual employed and paid from federal funds received under a federal program intended primarily to alleviate unemployment. However, persons employed under this subsection shall be treated as classified employees for purposes of ORS 243.650 (Definitions for ORS 243.650 to 243.809) to 243.809 (Determinations regarding alleged misconduct of law enforcement officer in accordance with uniform standards) .

(14) Managers, department heads, directors, producers and announcers of the state radio and television network.

(15) Employees, including managers, of the foreign trade offices of the Oregon Business Development Department located outside the country.

(16) Any other position designated by law as unclassified. [Amended by 1953 c.699 §3; 1955 c.738 §4; 1957 c.597 §1; 1959 c.230 §1; 1959 c.566 §4; 1961 c.645 §1; 1965 c.405 §2; 1969 c.80 §49; 1969 c.199 §18; 1969 c.564 §3; 1969 c.599 §§66a,66b; 1971 c.301 §19; 1971 c.467 §25c; 1975 c.3 §1; 1975 c.393 §1a; 1975 c.427 §2a; 1977 c.271 §1; 1979 c.747 §1; 1979 c.468 §11; 1981 c.518 §3; 1981 s.s. c.3 §40; 1983 c.763 §30; 1985 c.388 §1; 1985 c.565 §38; 1991 c.149 §3; 1991 c.887 §2; 1993 c.741 §19; 1995 c.612 §13; 2001 c.883 §42; 2007 c.858 §61; 2009 c.562 §17; 2011 c.9 §28; 2011 c.547 §40; 2011 c.731 §8; 2019 c.213 §59]

Source: Section 240.205 — Unclassified service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors240.­html (accessed May 26, 2025).
ORS § 243.223 — OR Code / Title 22 / Chapter 243 / Section 243.223
243.223 Rules for flexible benefit plans
Status: in_force

(1) In providing flexible benefit plans under ORS 243.221 (Options that may be offered under flexible benefit plan) , the Public Employees’ Benefit Board shall adopt rules as are considered necessary for the establishment and administration of the plans.

(2) The board may assess a charge to participating employees to pay the cost of administering the plans and may pay some or all of such cost from funds authorized to pay general administrative expenses incurred by the board.

(3) The board may contract with private organizations for administration of flexible benefit plans in accordance with rules adopted under subsection (1) of this section. [1989 c.804 §3; 1997 c.222 §39]

Source: Section 243.223 — Rules for flexible benefit plans; costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 244.090 — OR Code / Title 22 / Chapter 244 / Section 244.090
244.090 Report on association with compensated lobbyist
Status: in_force

(1) Each public official or candidate required to file a statement of economic interest under this chapter shall include on the statement the name of any compensated lobbyist who, during the preceding calendar year, was associated with a business with which the public official or candidate or a member of the household of the public official or candidate was also associated.

(2) Subsection (1) of this section does not apply if the only relationship between the public official or candidate and the lobbyist is that the public official or candidate and lobbyist hold stock in the same publicly traded corporation.

(3) As used in this section, “lobbyist” has the meaning given that term in ORS 171.725 (Definitions for ORS 171.725 to 171.785) . [1974 c.72 §7; 1975 c.543 §6; 1987 c.566 §14; 2007 c.865 §32]

Source: Section 244.090 — Report on association with compensated lobbyist , https://www.­oregonlegislature.­gov/bills_laws/ors/ors244.­html (accessed May 26, 2025).
ORS § 238.415 — OR Code / Title 22 / Chapter 238 / Section 238.415
238.415 Payment toward cost of pre-Medicare insurance
Status: in_force

(1) As used in this section:

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

(b) “Eligible retired state employee” means:

(A) A retired member of the Public Employees Retirement System who was a state employee at the time of retirement, is retired for service or disability, is receiving a retirement allowance or benefit under the system, had eight years or more of qualifying service in the system at the time of retirement or is receiving a disability retirement allowance including a pension computed as if the member had eight years or more of creditable service in the system at the time of retirement, and has attained earliest service retirement age but is not eligible for federal Medicare coverage; or

(B) A person who is a surviving spouse or dependent of a deceased eligible retired state employee as provided in subparagraph (A) of this paragraph at the time of death, who:

(i) Is receiving a retirement allowance or benefit under the system; or

(ii) Was covered at the time of the eligible retired state employee’s death by the retired employee’s health insurance contracted for under ORS 238.410 (Board may contract for insurance for retirees) , and the employee retired on or after September 29, 1991.

(c) “Qualifying service” means creditable service in the system and any periods of employment with an employer participating in the system required of the employee before becoming a member of the system.

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

(2) Of the monthly cost of coverage for an eligible retired state employee under a health care insurance contract entered into under ORS 238.410 (Board may contract for insurance for retirees) , an amount as determined under subsection (3) of this section shall be paid from the Retiree Health Insurance Premium Account established by subsection (4) of this section, and any monthly cost in excess of the amount so determined shall be paid by the eligible retired state employee in the manner provided in ORS 238.410 (Board may contract for insurance for retirees) (4). Any amount paid under this subsection shall be exempt from all state, county and municipal taxes imposed on the eligible retired member.

(3) On or before January 1 of each year, the Public Employees Retirement Board shall calculate the average difference between the health insurance premiums paid by retired state employees under contracts entered into by the board under ORS 238.410 (Board may contract for insurance for retirees) and the health insurance premiums paid by state employees who are not retired under contracts entered into by the Public Employees’ Benefit Board. For the purposes of subsection (2) of this section, an eligible retired state employee shall be entitled to receive toward the monthly cost of coverage under a health insurance contract entered into under ORS 238.410 (Board may contract for insurance for retirees) :

(a) For an eligible retired state employee with eight years or more of qualifying service in the system, but less than 10 years of qualifying service in the system, 50 percent of the amount calculated by the board under this subsection.

(b) For an eligible retired state employee with 10 years or more of qualifying service in the system, but less than 15 years of qualifying service in the system, 60 percent of the amount calculated by the board under this subsection.

(c) For an eligible retired state employee with 15 years or more of qualifying service in the system, but less than 20 years of qualifying service in the system, 70 percent of the amount calculated by the board under this subsection.

(d) For an eligible retired state employee with 20 years or more of qualifying service in the system, but less than 25 years of qualifying service in the system, 80 percent of the amount calculated by the board under this subsection.

(e) For an eligible retired state employee with 25 years or more of qualifying service in the system, but less than 30 years of qualifying service in the system, 90 percent of the amount calculated by the board under this subsection.

(f) For an eligible retired state employee with 30 years or more of qualifying service in the system, 100 percent of the amount calculated by the board under this subsection.

(4) Pursuant to section 401(h) of the Internal Revenue Code, the Retiree Health Insurance Premium Account is established within the Public Employees Retirement Fund, separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. All moneys in the account are continuously appropriated to the Public Employees Retirement Board and may be used only to pay costs of health care insurance contract coverage under subsection (2) of this section, paying the administrative costs incurred by the board under this section and investment of moneys in the account under any law of this state specifically authorizing that investment.

(5) The Retiree Health Insurance Premium Account shall be funded by employer contributions. The state shall transmit to the board those amounts the board determines to be actuarially necessary to fund the liabilities of the account. The level of employer contributions shall be established by the board using the same actuarial assumptions it uses to determine employer contribution rates to the Public Employees Retirement Fund. The amounts shall be transmitted at the same time and in the same manner as contributions for pension benefits are transmitted under ORS 238.225 (Employer contributions) .

(6) The Public Employees Retirement Board shall, by rule, establish a procedure for calculating the average difference between the health insurance premiums paid by retired state employees under contracts entered into by the board under ORS 238.410 (Board may contract for insurance for retirees) and the health insurance premiums paid by state employees who are not retired under contracts entered into by the Public Employees’ Benefit Board.

(7) As provided in section 401(h)(5) of the Internal Revenue Code of 1986, upon satisfaction of all liabilities for providing benefits described in subsection (2) of this section, any amount remaining in the Retiree Health Insurance Premium Account shall be returned to the state.

(8) No member of the system shall have an interest in the Retiree Health Insurance Premium Account or in the benefits provided under this section. [Formerly 237.247; 1997 c.222 §45; 1999 c.317 §17; 2001 c.945 §80; 2003 c.14 §113; 2005 c.808 §6]

Note: 238.415 (Payment toward cost of pre-Medicare insurance) was added to and made a part of ORS chapter 237 (1993 Edition) by legislative action but was not added to ORS chapter 238 or any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 238.415 — Payment toward cost of pre-Medicare insurance; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 240.560 — OR Code / Title 22 / Chapter 240 / Section 240.560
240.560 Appeal procedure
Status: in_force

(1) A regular employee who is reduced, dismissed, suspended or demoted, shall have the right to appeal to the Employment Relations Board not later than 30 days after the effective date of the reduction, dismissal, suspension or demotion. The appeal must be in writing. The appeal is timely if it is received by the board or postmarked, if mailed postpaid and properly addressed, not later than 30 days after the effective date of the reduction, dismissal, suspension or demotion. The board shall hear the appeal within 30 days after the board receives the appeal, unless the parties to the hearing agree to a postponement. The board shall furnish the division of the service concerned with a copy of the appeal in advance of the hearing.

(2) The hearing shall be conducted as provided for a contested case in ORS chapter 183.

(3) If the board finds that the action complained of was taken by the appointing authority for any political, religious or racial reasons, or because of sex, marital status or age, the employee shall be reinstated to the position and shall not suffer any loss in pay.

(4) In all other cases, if the board finds that the action was not taken in good faith for cause, it shall order the immediate reinstatement and the reemployment of the employee in the position without the loss of pay. In lieu of affirming the action, the board may modify the action by directing a suspension without pay for a given period, and a subsequent restoration to duty, or a demotion in classification, grade or pay. The findings and order of the board shall be certified in writing to the appointing authority and shall be forthwith put into effect by the appointing authority. [Amended by 1957 c.205 §1; 1959 c.689 §6; 1969 c.80 §78; 1971 c.734 §35; 1975 c.427 §12; 1977 c.400 §1; 1977 c.770 §6; 1993 c.778 §24; 2003 c.213 §1]

Source: Section 240.560 — Appeal procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors240.­html (accessed May 26, 2025).
ORS § 243.205 — OR Code / Title 22 / Chapter 243 / Section 243.205
243.205 Reports
Status: in_force

The payroll disbursing officer shall submit reports to the Public Employees’ Benefit Board regarding health care coverage for eligible or participating employees as the board considers desirable. [1971 c.527 §11; 1997 c.222 §37]

Source: Section 243.205 — Reports , https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html (accessed May 26, 2025).
ORS § 238.672 — OR Code / Title 22 / Chapter 238 / Section 238.672
238.672 Crediting of earnings to employer upon death or retirement of member
Status: in_force

Upon the death or retirement of a member of the Public Employees Retirement System, the Public Employees Retirement Board shall credit earnings to the participating public employer or employers that employed the member. The board shall credit earnings to the amounts charged to each employer by reason of the death or retirement. The earnings rate used by the board shall be the same rate that the board uses for crediting member accounts at the time the charge is made. [2001 c.945 §21]

Source: Section 238.672 — Crediting of earnings to employer upon death or retirement of member , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 238.222 — OR Code / Title 22 / Chapter 238 / Section 238.222
238.222 Trustee-to-trustee transfers to fund restoration of forfeited service or purchase of retirement credit
Status: in_force

(1) Notwithstanding ORS 238.220 (Employee rollover contributions) , a member of the Public Employees Retirement System who is eligible to obtain restoration of forfeited creditable service under ORS 238.115 (Alternate method of restoring credit forfeited by reason of termination of membership) , or to purchase retirement credit under ORS 238.125 (Credit for probationary period of employment) , 238.135 (Credit for probationary periods in seasonal positions) , 238.145 (Credit for service as police officer or firefighter with nonparticipating employer) , 238.148 (Credit for service as public safety officer in another state) , 238.156 (Contributions, benefits and retirement credit for periods of service in uniformed services or Armed Forces) , 238.157 (Alternative provision for retirement credit for periods of service in uniformed services) , 238.160 (Retirement credit for service while on loan to federal government) , 238.162 (Retirement credit for service as teacher in public schools of another state) , 238.165 (Credit for certain periods of employment by Legislative Assembly) , 238.175 (Retirement credit for periods of disability) or 526.052 (Credits for former forest protective association employees) , and who participates in an eligible retirement plan described in subsection (3) of this section, may use moneys transferred by way of a trustee-to-trustee transfer from the eligible retirement plan to the Public Employees Retirement Board for the purpose of obtaining restoration of the forfeited creditable service or to purchase the retirement credit. The board may not make any amount transferred under this section available to the member, and may use the amount only for the purposes described in this section. The amount transferred under this section may not exceed the amount needed to obtain restoration of the forfeited creditable service or to purchase the retirement credit.

(2) If amounts transferred under this section are not sufficient to pay the full amount necessary to obtain restoration of the forfeited creditable service or to purchase the retirement credit, the member must pay the remaining amount that is needed to obtain restoration of the forfeited creditable service or to purchase the retirement credit.

(3) The following are eligible retirement plans for the purposes of this section:

(a) A governmental deferred compensation plan described in section 457 of the Internal Revenue Code; and

(b) A tax sheltered annuity described in section 403(b) of the Internal Revenue Code.

(4) The board shall adopt rules and establish procedures for determining whether a member is allowed to obtain restoration of the forfeited creditable service or to purchase the retirement credit by means of a trustee-to-trustee transfer under this section. The rules and procedures must ensure that transfers under this section do not adversely affect the status of the system and the Public Employees Retirement Fund as a qualified governmental plan and trust under federal income tax law. [2009 c.894 §2; 2011 c.722 §7]

Source: Section 238.222 — Trustee-to-trustee transfers to fund restoration of forfeited service or purchase of retirement credit; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors238.­html (accessed May 26, 2025).
ORS § 244.390 — OR Code / Title 22 / Chapter 244 / Section 244.390
244.390 Status of penalties and sanctions
Status: in_force

(1) A penalty or sanction imposed by the Oregon Government Ethics Commission under this chapter is in addition to and not in lieu of any other penalty or sanction that may be imposed according to law.

(2) Before making a finding that there is cause to undertake an investigation under ORS 244.260 (Complaint and adjudicatory process) and before imposing a civil penalty under ORS 244.350 (Civil penalties) or 244.360 (Additional civil penalty equal to twice amount of financial benefit) , the commission shall consider the public interest and any other penalty or sanction that has been or may be imposed on the public official as a result of the same conduct that is the subject of action by the commission under ORS 244.260 (Complaint and adjudicatory process) .

(3) Nothing in this chapter is intended to affect:

(a) Any statute requiring disclosure of economic interest by any public official or candidate.

(b) Any statute prohibiting or authorizing specific conduct on the part of any public official or candidate. [1974 c.72 §25; 2007 c.865 §2; 2007 c.877 §39a; 2009 c.68 §23]

Source: Section 244.390 — Status of penalties and sanctions; consideration of other penalties imposed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors244.­html (accessed May 26, 2025).
ORS § 244.400 — OR Code / Title 22 / Chapter 244 / Section 244.400
244.400 Possibility of attorney fees for person prevailing in contested case
Status: in_force

(1) A person who prevails following a contested case hearing under this chapter or ORS 171.778 (Complaint and adjudicatory process) may be awarded reasonable attorney fees at the conclusion of the contested case or on appeal.

(2) Upon prevailing following a contested case hearing, the person may petition the Marion County Circuit Court for the purpose of determining the award of reasonable attorney fees. The Oregon Government Ethics Commission shall be named as a respondent in the petition. The petitioner and respondent shall follow the procedure provided in ORCP 68 for the determination of reasonable attorney fees. The court:

(a) May allow the petitioner reasonable attorney fees and costs if the court finds in favor of the petitioner.

(b) May withhold all or part of the attorney fees from any allowance to a petitioner if the court finds that the commission has proved that its action was substantially justified or that special circumstances exist that make the allowance of all or part of the attorney fees unjust.

(c) Shall give precedence on its docket to petitions filed under this subsection as the circumstances may require.

(3) An appellate court may award reasonable attorney fees to the person if the person prevails on appeal from any decision of the commission. The appellate court may withhold all or part of the attorney fees from any allowance to a person if the court finds that the commission has proved that its action was substantially justified or that special circumstances exist that make the allowance of all or part of the attorney fees unjust.

(4) Attorney fees to be awarded under this section shall be only those fees incurred by the person from the time the commission notifies the person that it has entered an order to move to a contested case proceeding.

(5) Any attorney fees awarded to the person pursuant to this section shall be paid from funds available to the commission. [1991 c.770 §9; 1993 c.743 §30; 2007 c.865 §26; 2019 c.116 §1]

Source: Section 244.400 — Possibility of attorney fees for person prevailing in contested case , https://www.­oregonlegislature.­gov/bills_laws/ors/ors244.­html (accessed May 26, 2025).